“The Constitution has a good share of deliberately open-ended guarantees, like rights to due process of law, equal protection of the law, and freedom from unreasonable searches”. -David Souter
The hearing was supposedly rescheduled because Tim Haney could not remember the time. Listen to the audio of the hearing below.
Before I explain any further I want to recap on how we got to this point in trying to protect Audrie Elizabeth Sargent and the rest of Our Children under Our Constitution in Our America.
- Amanda has a text from Jacob Bindel admitting to making a false allegation call to CPS on 02/14/17 in order to hurt Amanda. She has another text from him on 9/24/17 a day before a second anonymous allegation call was received by CPS. The second text stated he was going to take custody of their daughter (Audrie’s younger sister who they had a then-open divorce case regarding) because Amanda wouldn’t let him take possession of their daughter at 9pm on a school night when he didn’t contact her for 4 hours after he didn’t show up for his 5pm scheduled time of possession. I think she may have a text of him admitting to that second call as well, but I am not certain about that text.
- The second anonymous CPS call made allegations that were never corroborated, or even had an attempt made at corroborating them, but that still resulted in one of Amanda’s 2 daughter’s that were in her legal custody and at the time legal possession being removed from her by CPS without the assistance of law enforcement or a court order on October 11th, 2017 at 5:20pm. The child removed was my then 11 year old daughter Audrie Sargent. CPS did not attempt to call me before kidnapping my daughter, but Jacob Bindel was called and allowed to go pick his daughter up while CPS took Audrie screaming, begging, and crying out to not be taken while Amanda’s father Donald watched it all. Amanda had 3 children she had shared custody with their respective father’s at that time, but only Audrie is being sued for the ‘right’ to her relationship to both of her parents forever. CPS has still to this day never stated let alone proven any of the 3 children had ever suffered abuse or neglect from their parents or anyone else for that matter, and in fact the few times the children have been mentioned in the last 2 years it was stated by CPS/CASA/ad litems that they were not abused/neglected and were healthy kids. Amanda was accused of Neglectful Supervision, but I have never once been accused of anything illegal or immoral.
- CPS has simply perjured themselves, submitted falsified documents, and withheld exculpatory evidence in each hearing. The judge along with his court reporter, district clerks office, and court coordinator have also since worked together to oppress the truth of the matter while flagrantly abusing its powers. The facts have been ignored, skewed, or made up. Justice has been obstructed.
- The Termination of ‘Rights’ suit brought by DFPS in the 397th of Grayson County, Texas numbered FA-17-1605 continued through 8 Hearings past the point where the 397th lost jurisdiction on October 15th, 2018 and was required by Texas Family Code to be immediately dismissed to when it was ‘consolidated’ into our closed divorce case from 2006 by Motion of Timothy Haney alone during a 9th Permanency Hearing supposedly held on 12/17/18. The case is now numbered 06-1388-336 or 06-1388-397. Tim Haney did not serve anyone as per the rules of civil procedure require. A jury trial on its merit’s was scheduled on November 26th, 2018, but was rescheduled per Garland Cardwell’s request. The hearing today is occurring in between, is the 10th total hearing, and the 4th Permanency Hearing.
Here is a screenshot that shows the Termination Suit by DFPS has been disposed with a final judgement after a non-jury trial. It mentions a judgement on 12/18/18 that was sent only to ADA Cheryl Vaughan and Timothy Haney. I never received notice of this hearing as the notes falsely indicate that I did.
Here is the note from our old divorce case that now shows to be open and this hearing since scheduled under. No mention of CPS or DFPS.
This case is supposedly still controlled by CPS as a Termination of ‘Rights’ suit, but this was what the docket on the door showed for the ‘Permanency Hearing’ on 02/15/19.
We are the third line down. DFPS is not listed as the plaintiff as they had been prior to today. I am listed as the plaintiff with Amanda as the defendant. There are not any attorneys listed either. Garland Cardwell did not show, but he sent his associate Christina Tillett to represent Audrie. Audrie was not there, but Amanda Bertrand and Loretta Bertrand were. Timothy Haney did not show, but Rick Dunn did. CPS and CASA were at the hearing as well.
After receiving Judge Gary’s signature on my December 3rd, 2018 Motion allowing Rick Dunn to withdraw as my counsel, Rick Dunn submitting his final bill, and the Rick Dunn finally telling me he was sitting second chair to me because the Judge will not allow me to represent myself Rick Dunn shows up at this hearing. In a meeting before the hearing Rick Dunn kept telling me he didn’t have any answers to what is actually going on, he left for 40 minutes to go get my ‘legal file’, and he finally returned without it just as we were called in for the hearing at about 10:15am. Listen to our short meeting below.
As we walk out of the Sherman, Texas Justice Center I talk to Amanda about the case after I ask her if she was aware of or attended the supposed December 18th, 2018 Hearing that I was not notified of. She states that she had no idea about the hearing her attorney scheduled, and states she was not in attendance at any December hearing. Listen to this audio below.
The hearing was rescheduled for 03/13/19 5 days before my scheduled Jury Trial on it’s merits. Once again we were not given any legal documents.
Shortly after arriving home from the hearing I called Angela Wilson of CPS back to further clarification and about ‘rights’ deprivations. I left Angela Wilson the voicemail below.
Then I followed up the voicemail with this text message to Angela Wilson of CPS.
Afterwards I sent these texts to Tyler Said of CPS.
Neither one of the two CPS workers bothered responding via phone call or text. I still do not have any clarification on exactly what in the hell is going on here. I cannot seem to find anyone that can tell me what court orders we are under, or to tell me who is suing who here. In an attempt once again to communicate with the maternal grandmother Audrie now lives with I show up for my scheduled possession per my 2006 divorce order since this is once again our previous divorce case of which I have received no additional court order regarding other that our original divorce and custody decree in case 06-1388-336 from Grayson County, Texas. There are notes indicating an order from 12/18/18, but the district clerk’s office says there is no order on file for that hearing. Amanda has stated she is not aware of any such order’s either.
Upon arriving at Loretta Bertrand’s townhouse about 6pm on Friday 02/15/19 she refuses to answer the door, the phone, or my texts.
This is the voicemail I left when calling Loretta’s phone when at her door.
This is my text chain from that visit.
I then called the Sherman Police Department non-emergency line to file an incident report. The police had already been called. Listen to my call to SPD below.
This is the first time the police have been involved in this case that began as a CPS abuse and neglect case. Corporal Hughes arrived shortly before a second officer. Below are 2 audio clips of me explaining the situation to them.
Corporal Hughes goes into Loretta’s residence to ultimately come back to inform me what he had learned. He advised me there was an opposing court order from the 397th signed and stamped December 18th, 2018 stating Loretta had the ‘right’ to possess Audrie. I have yet to receive a single document from the court regarding any date within the over 1 1/2 year case with an official stamp on it. I asked if I could screenshot it, and Corporal Hughes stated he would rather that I do not. Amanda denies the knowledge of this ‘court order’, the district clerk’s office denies it’s existence as well, it has never been confirmed by the court or CPS, and Loretta still refuses to send me any evidence of the document’s existence.
“Throughout history, it has been the inaction of those who could have acted; the indifference of those who should have known better; the silence of the voice of justice when it mattered most; that has made it possible for evil to triumph”. -Haile Selassie