Why Doesn’t the State Release Melissa Gaston?

Quo Warranto filed into Oregon Supreme Court to release children being abused in foster homes, restore families, account for missing children

In March 1996, Will Gaston, now 76, opened his door to see his 7 year old daughter being removed by police officers from the front yard. So began a terrifying nightmare, months being locked out from any knowledge of the whereabouts of his daughter Melissa. A woman named Shirley Baez was arrested later in l996 for black market child selling, and operates through associates inn the child services agency in Oregon. Baez was the person who, along with fellow child abusers engaging in a criminal enterprise selling children on the black market, stole Melissa from her yard.

On November 5, 1996, a hearing was held in the court of judge GREG WEST in Marion County. In his hearing the state released Melissa from any petition to continue wardship, yet the child was not released. In March, l997, again a hearing was set to release the child, while the state continued to hold her without a petition alleging any abuse to authorize intervention. In that hearing, Judge WEST went in secret, never allowed a hearing and never released Melissa.

What was discovered later in l997 was that the state had already made pornography with Melissa in the home of HAZEL SPEES, a teacher at Monitor School, and had sexually abused Melissa severely and held her in more than 28 foster homes at that time. From that point on, the casefiles are an ongoing chronology of horrific abuse, judicial coverup, protection of pedophiles, and attacks and retaliation against Will and Pamela Gaston.

The following Writ of Quo Warranto asks "BY WHAT AUTHORITY" does the state act in the criminal process as outlined in the Writ and supported by volumes of undisputed court records at this point now after 6 years in Petitioners instant case. For more of the story, please go to www.avoiceforchildren.com.

ASK THE STATE - WHY WON’T YOU RELEASE MELISSA?

 

In the Supreme Court for the State of Oregon

Setting in Marion County

Wilbur R. Gaston Case No. _________________

Pamela K Gaston,                                                     Related Case No.s

Ex Rel, Similarly Aggrieved                                SC46005, 2/11/99; S46837 11/5/99;

Natural People, Oregon Citizens                         S47598, 6/4/00; Habeas Corpus filed

Petitioners                                                                   5/31/2000; SC47588, 7/20/00;

V                                                                                       S48224, 2/26/01; S48584, 6/20/01;

                                                                                          S47129, 9/28/01; CA A105946;

ROBERT MINK, in his personal                           CA A107673; CA A104242;

capacity as Administrator,                                   CA A108247(control); CA A 110197;

Oregon Dept. Of Human Services                        Rel. MCC 91J0740,97C14461, 98C19056

JOHN KITZHABER, in his personal

capacity as acting governor of the                        EMERGENCY QUO WARRANTO

State of Oregon                                                              COMPLAINT AND DEMAND FOR

                                                                                             REMEDY, ACCOUNTING,

WALLACE CARSON, in his personal                     RESTORATION OF FAMILIES

capacity as Chief Judge, Oregon                             RELEASE OF JUVENILE AND ADULT

Supreme Court                                                               PRISONERS WHO HAVE NEVER BEEN

Respondents                                                                    CHARGED WITH A CRIME

 

Comes now, Petitioners Wilbur R Gaston, Sui Juris, and Pamela K Gaston, Sui Juris, ex rel Similarly Aggrieved Natural People and Oregon Citizens. Petitioners designate the records in the above referenced cases. Many of the cases were filed including petitions with ex rel supporting signatures.

Petitioners are before the court to move the Oregon Supreme Court to ACT and release unlawfully imprisoned children, begin a Good Faith effort to restore Families Bodies so severed by the unlawful seizure of their children by agents and agencies of the state of Oregon.

The designated records support the grievances as stated. All said designated records are completely undisputed legal facts. The court SHALL so move to protect the People, by and for the following reasons:

AFFIDAVIT

I swear that all statements herein are truthful sworn testimony before God, as stated. All statements are in clear language, outlining facts as established in the court records designated above.

1. Beginning in 1989, plans were created and put in place to control the children in the state of Oregon. The Oregon Benchmarks Goals were created, the Oregon Shines program, state managed control of the people, through the families and schools, and the children, for profit to the state, with federal grant money and matching funds to enact these "first in the nation" federal programs.

2. The policies set in motion a statutory administrative machine profiting from the removing of children from their families and the compelled contract services and programs the state forces the children and their parents into. Also the profit from the federal/state/public private partnerships from the federally granted contracts.

3. By l993, so many children were being removed from their homes that the People were alarmed and organizing against the corrupt child services agency and testifying in the Capitol about their abuse. The outcry forced the legislature to bring in a special audit of the Child Services, then CSD. The University of Maine did an extensive audit in 1993, that found extreme problems within the agency, violating the rights of the children, fraud, no accountability, basically a money driven, unaccountable agency, with far too much statutory authority to incompetent workers in their removal of children. The Maine study recommendations were NEVER IMPLEMENTED first by gov. BARBARA ROBERTS AND THEN SINCE 1994 BY GOV JOHN KITZHABER. Instead, JOHN KITZHABER posed and protected former administrator and proven CRIMINAL KAY TORAN. Even after the crimes of this woman were public for years, the state protected her and "moved" her to Volunteers of America, where she continues the compelled contracts on vulnerable families for the state/fed money. NO PROSECUTION - ACTIVE AND PUBLIC COVER UP IN THE COURTS.

4. In l997 the attorney general wrote an opinion relating to the Family Protection Amendment, being certified at that time. The AG office wrote that there was "no standard in the removal of children from their homes" and inconsistent "interpretations" in real court settings as to be able to say there were no clear laws in place. In l999, in the Legislature, legal counsel admitted there is no standard in most of the statutes, and that the words "Public Body", "District", "Jurisdiction", "Unfit Parent", "Reasonable Effort" (used to get federal money when the state makes NO reasonable efforts to reunite families, only goal is to sell services and profit the state for their matching federal money). More than these could not be defined at all, and no standard existed relating to overall comprehensive language in the statutes. Legal Counsel Hendricks stated that the problem is so entrenched that they could not possibly look at all the words that could not be defined, that it was so entrenched that is was "comprehensive", so they chose a few, those just named. Yet all these statutes are used in courtrooms every day to violate the families in Oregon, without Law.

5. Right now, December 2002, in the newspapers and according to our representatives, the courts in Oregon are undergoing a budget and reorganization crises. (Link for article from Supreme Court Chief Justice Wallace Carson, message to the courts, October 2002 www.avoiceforchildren.com (newswire)). According to judge Carson's letter to the courts, non crime misdemeanors are not going to be prosecuted after March 1, 2003. The letter also states that "small claims and non injury misdemeanors" are the lowest priority of the cases in the courts. The letter also states "juvenile dependency cases and public safety" will be the highest priority. The letter also states that the courts will be closed to the Public on Fridays, while allowing judges and attorneys to meet in private without clerks or public present.

6. The headlines terrify the people that "criminals" are being released. Judge Carson's letter does not tell the people that these are not "criminals" at all, and in fact are people who never injured anyone, never violated anyone else's rights, and often have no more than failed to make a meeting or a pee test. Carson does not tell the people that these who are being released should not be in jail at all, or ever. Also the fraud of mandatory sentencing has to be reversed and all those people who did not have jury trials and judicial due process also have to be released. At this time the jails are releasing low priority "criminals" and not booking them or processing many of them, but "matrixing" them out according to the priority of their "crime". More than 80% by the states own estimates have NEVER HAD A JURY TRIAL AND WERE NEVER CONVICTED.... in the "interest/money of the court they are coerced by DA lies and projected sentences to instead admit one little thing, so the state can write the lies that this is all volunteered. This is the exact LIES and COERCION used to seize the children from their parents. The parents are terrified by the agencies into paying money ransom and the agency holds the children hostage. All completely in violation of the Inherent, Constitutionally protected Rights of the Parents and the Children.

7. What the judges letter does not tell the People is that what is really meant by "juvenile dependency cases" are those that are federally funded, compelled contracts on the states that REQUIRE a certain quota of "abused" and "special needs" and "foster children" in order to get the money for the state. According to Administrator Ramona Foley, the agency has created "new categories" to unlawfully hold more and more of these children, called "at risk of probable harm". It is undefendable, insane and the children are dying and being abused and thousands abducted while these agencies profit from these schemes.

8. Also judge Carson does not tell the People that the children are being removed in courts of no judicial due process, in what the attorney general calls "a QUASI JUDICIAL ADMINISTRATIVE PROCESS", means unconstitutional, fake, color of law, "looks like court", "appearance of law", where the parents have no rights to force the court to uphold the law. The federal bounty money comes to the states for "successful outcomes" which means FAST TRACK adoption from the first day the child is removed.

9. The children are traumatized for life from the initial contact by the state. The children are slaves and prisoners as wards of the state, without the rights allowed to convicted murderers and rapists to contact their families, or to even understand what has happened to them truthfully. They are sexually abused, often the first day by officers of the state in "assessment centers" and from then on by pedophile counselors and foster resources. The designated casefiles in this case contain a horrific, ongoing record of child abuse to petitioners child and other children, confessions of child pornography, black market child selling, all confirmed by jury decision in l998, yet no child has yet been released and no state worker has been prosecuted.

10. The facts are coming to light and can no longer be ignored. It is misprision of felony for the officers of the court who are and have knowingly been protecting this criminal abuse of children. It is coming out in all the states that the children are MISSING - no accounting for thousands of them in every state - they disappear into the maw of the child abuse industry and pedophile markets, operating in Oregon THROUGH the agencies. We HAVE proved it, the People have been testifying in the Capitol for years to have John Kitzhaber turn a deaf ear to our pleas. IT IS TIME FOR JOHN KITZHABER TO BE PROSECUTED. GOVERNOR ELECT TED KULONGOSKI HAS BEEN A SUPREME COURT JUDGE WHO DENIED EVERY ONE OF THE ABOVE NAMED SUPREME COURT WRITS FOR REDRESS. HE IS ALSO GOING TO BE HELD ACCOUNTABLE IN THESE MATTERS IF HE CONTINUES THE STATUS QUO OF PROTECTING PEDOPHILES AND TRAITORS AND DOES NOT COME CLEAN ABOUT ALL THESE VERY PUBLIC CRIMES.

11. We DEMAND- NOW - AN ACCOUNTING OF ALL THE CHILDREN who have been removed in particular in the last ten years since these plans were set in place to profit from the removal of innocent children from parents who committed no crime.

12. We DEMAND that ALL CHILDREN WHO WERE REMOVED AND THERE WAS NO ONE CHARGED WITH A CRIME IN A CIRCUIT COURT, OR THE CHILD WAS NOT CHARGED WITH A CHARGEABLE CRIME, PROSECUTED AND CONVICTED BY A JURY, IS RELEASED IMMEDIATELY TO THEIR FAMILIES. The state of Oregon cannot defend its unlawful process, that these children have been seized without judicial due process of law, and these removals must be reversed.

"ORS418.010 - Children not to be taken charge of when parents object. Nothing in ORS 418.005 shall be construed as authorizing any state official, agent or representative, in carrying out any of the provisions of that section, to take charge of any child over the objection of either of the parents of such child..." The People are finished with the fraud that they "volunteer" their parental rights over to the state. The state of Oregon SHALL CEASE all compelled contracts on the People, and stop allowing and joining into compelled contracts by the federal government on the states, enforcing a federal agenda, usurping state rights and Article 10 of the US Constitution.

13. At this time in the newspapers according to the agencies the money is being cut to the foster "parent" resources and adoptive resources. The court records support that the horrific abuse is being covered up in the foster homes and NOT PROSECUTED but OPENLY PROTECTED. The court records contain evidence of judge PEDOPHILES like TERRY LEGGERT, PAUL LIPSCOMB, GREG WEST, JOSEPH OCHOA, PAMELA ABERNETHY and many more who have OPENLY protected child pornography and covered it up in their courts and who are actively and in open court protecting other pedophiles.

14. The state cannot defend that the cutting of the money to these foster resources, and NOT releasing the children, is FURTHER ENDANGERING MORE CHILDREN. THE FOSTER PEOPLE DO THIS FOR THE MONEY. THEY ALREADY ABUSE THE CHILDREN - NOW THEY WILL HAVE NO INCENTIVE TO CARE FOR THESE CHILDREN AT ALL...... IT IS A CHILD SLAVERY MARKET. IN MARION COUNTY THE COMMISSIONERS JUST VOTED TO MAKE THE CHILDREN BUILD THEIR OWN JAIL, AFTER THE PEOPLE HAVE REPEATEDLY SAID NO IN ELECTIONS. THEY ARE MAKING THE CHILD SLAVES WORK WITHOUT PAY WHILE THE STATE PROFITS FROM THEIR SLAVERY.

15. Petitioners have stated for YEARS now outlining these atrocities, that the BLOOD OF THE CHILDREN IS ON THE HANDS OF THE JUDGES, THE OFFICERS, THE AGENTS OF THE STATE WHO HAVE DONE AND ARE KNOWINGLY DOING THIS AND NOT STOPPING IT IMMEDIATELY.

Petitioners made the record of these facts August 9, 2000, in the Oregon Supreme Court. These facts were not disputed by Attorney General rep. Eric Wasserman in that hearing. The videotape of that oral hearing is also on the website www.avoiceforchildren.com

16. Designated court records contain the evidence of the horrific acts committed against Petitioners daughter Melissa Gaston. Courts have been KNOWINGLY protecting her abusers since l996. A judicial vendetta began when Petitioners exposed the criminal abuse that was in discovery obtained from the Attorney Generals office in October l997. This vendetta has escalated ever since and at this time.

17. Petitioners demand Melissa Gaston is released immediately, and a grand jury formed to prosecute the crimes undisputed by the state in the above designated casefiles. The evidence proves Melissa Gaston was abused in foster homes, in adoptive homes, in assessment centers, by pedophile counselors and officers of the court like pedophile district attorney Bill Howell, pedophile "counselor" Nancy Link, child pornography concealing judges like Joseph Ochoa, many more. These charges are public record, court record, undisputed in every word. We demand that the agencies acting for the state, the assessment centers, all the intervention programs are shut down and stop their criminal enterprise.

18. We demand the state stop engaging in sexual abuse and "treatment" centers to "treat" pedophiles at state profit and put the criminals back on the streets. Like plea bargaining, those same abuse practices are being used to violate innocent people who have never been charged or convicted of any crime. These are state policies to use a compromised "doctor" to make a report to declare a woman to be "mentally unstable" or have a "personality disorder" or declared to be "too bonded to her children". For the men, it is an automatic allegation of sexual abuse, the children are sexually invaded and photogaphed even when no allegation of sexual abuse is present. The men are ordered by the state to undergo "sexual abuse and treatment", having not been charged or prosecuted in a circuit court. These "classes" are then said to be "voluntary" and cost upwards of 2,500.00. In these "‘classes" treatment is further sexual abuse by "professional" sexual abusers and their tools of demons. Children and adults are subjected to sexual abuse beyond describing, and shown child pornography made by the state, as the state mandates these classes in which the pornography is used to stimulate pedophiles and incriminate innocent vulnerable people for profit. Men are terrorized by stacked mandatory allegations, no knowing their rights, they "plead guilty" to a lesser part of the "indictment" (called now "indication of crime" instead of lawful indictment.) The jails are filled with prisoners who did not have a trial, often falsely imprisoned, and most who did have trials did not have judicial due process in their prosecution. Falsely imprisoned men are being held beyond their sentences if they refuse to ADMIT their guilt as sexual abusers in their cases. These people are being RE-IMPRISONED after years of parole, complete compliance with all the mandates of the parole, but to refuse to ADMIT is being used as a parole violation and will send them back to prison. Petitioners have seen federal incentives to the states to NOT release prisoners when their release dates are up. This coercion, compromise is OVER in Oregon. We demand these agencies are stopped in collusion with the courts. This case cannot be intentionally shut down any longer. It is time for accountability.

19. Part of the problem is NO ONE WILL ANSWER. PETITIONERS EXPECT THE COURT TO UPHOLD THE LAW AND ANSWER. THE COURT HAS NO DISCRETION UPON KNOWLEDGE OF THESE FACTS TO REFUSE TO ACT TO PROTECT THE PEOPLE AND START RESTORING THE FAMILIES IN OREGON. PETITIONERS DO NOT GIVE PERMISSION FOR THE COURT TO HAVE ANY IMMUNITY FOR CRIMINAL ACTS NOR DO PETITIONERS WAIVE ANY RIGHTS.

All statements herein are sworn, truthful testimony, as stated before God.

December 3, 2002

________________________________

Wilbur Russell Gaston, Sui Juris

________________________________

Pamela K Gaston, Sui Juris

Copy to: Governor-Elect Ted Kulongoski, Solicitor General, Attorney General