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FAC Sheet, April 26, 2004

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ANTI-FAMILY ADVOCATE INTIMIDATION BY CPS, ATTORNEYS AND COURTS

This FAC Sheet by the American Family Advocacy Center is prompted by a posting on one of
American Family Rights Association (AFRA) lists.1 AFAC has recognized for years the threat by
the child savers and their minions impairing the rights of victim families to associate with Family
Rights advocates and groups. This missive provides the answers to the following question posed
by the AFRA Webguy:

What will it take to stop the War Against America's Families?

This is Suzanne with her trusty baseball bat to knock some information into the harder heads out
there while shouting a great big "I TOLD YOU SO!" regarding the issue presented in the
following post. AFAC recognized this problem in 1997. I gathered the evidence from around the
country, analyzed it, defined the method to their madness and devised the solution. AFAC is
currently engaged in implementing the solution to this problem, and has been for well over a
year. AFAC is the ONLY family rights organization who has taken a pro-active posture on this
issue, and is doing so without the support or assistance of any other family rights organization or
individual. I have asked for help. . .it has not been forthcoming. Now, these very violations of
rights are hitting other groups and advocates and their families who wring their hands and moan
about how unfair it is, but do nothing to correct or prevent these violations. You will excuse me
if I appear to be somewhat callous about your problem. . .my posture is largely due to the
indifference, and even scoffing, with which my predictions and recommendations were met.

AFRA, American Family Advocacy Center and all the other groups out there are being
marginalized and rendered impotent. Our information and services are being discredited and
ignored. Our families are being harmed through CPS, court, and attorney retaliation due solely to
their association with any of us. They are being forced to terminate those associations, because
the child savers and minions object to the information and support these families receive from us.
It makes their job too hard when parents know their rights and grow the backbone to demand
those rights. The child savers know we are right, but they can't win on the merits, so they must
escalate their abuse and win by lying, cheating and stealing. They tell the families that we are
hurting their cases. That their children are harmed because the parents accesses one of our
websites or posts on an email list. Because they request the services of a family advocate, or
demand their rights. For these specious reasons, their children are held hostage in foster
incarceration until the parents repent and admit the error of their ways.

As family rights advocates - we are supposed to prevent them from or expose their lying,
cheating and stealing, aren't we? We're supposed to not only teach these parents and children

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Shown at the bottom of this report.
what their rights are, but help them enforce those rights, aren't we? Instead, we are being used as
the excuse for increasing harm to the children and family. I don't know about the rest of you, but
I have an extreme distaste for this brand of defamation and abuse of power. I have not been

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content to sit back and take it.

It is imperative that you, dear reader, understand that the child savers have brought the battle to
us, now. This isn't just about family rights. It's about our right to exist, to be advocates, to join
together in associations in order to empower families, to have others join in our associations in
order to further our cause more effectively. This association is protected because we share a
common interest - an issue of great societal importance. The fundamental human right of family
association. If we cannot get others to join our associations, we will not be heard. We can be
marginalized and discredited and discarded.That is why the child savers must prevent respondent
parents with open cases from associating with us.

Let me briefly describe the escalation of actions which will ultimately lead to our demise. A
family advocacy group forms in a community. They share their experiences and discover <gasp>
their accounts of abuses and violations of rights are so similar as to be identical. They grow, and
they advocate. The CPS agency, seeing no threat, allows the parent to have an advocate at
staffings, meetings, etc. But, the competent advocate asks too many hard questions and brings in
tape recorders, and CPS gets uncomfortable. The incompetent advocate misses the point and
merely introduces confusion and mayhem into an already complicated process. CPS latches on to
that and henceforth bans all advocates as being “disruptive” or cites confidentiality. Advocate
gets necessary releases. CPS claims they're forged and denies access to meetings and files.
Advocate gets notarized power of attorney for access to meetings and files. CPS & courts say no
way. THIS MUST BE TAKEN TO COURT AND FOUGHT BY THE ADVOCATE under right
to contract and authority of power of attorney. If not, CPS wins and advocacy is blocked.

Advocate then requires parent to gain access to their own file and provide copies to advocate.
Parent files administrative request for records. CPS and courts deny parent access to files, citing
discovery requests must be made by attorney. THIS IS A DIVERSION - parent must argue that
administrative access is not discovery and MUST TAKE IT TO ANOTHER COURT UNDER
OPEN RECORDS LAWS or CPS wins.

Parent seeks more information from books, Internet, etc. Begins to use it in his case. Advocate
continues to provide guidance and support, or maybe parent is just using help online. CPS finds
out about this. Prints emails or pages from suspect websites in violation of copyright notices, to
use against the parent in court. Accuses the parent of “focusing on the wrong issues” and “having
the wrong attitude'” and “being in denial.” The fact that the parent's associations or political
beliefs are irrelevant to the merits of the case or the parent's compliance with a treatment plan
completely escapes the case worker, the county attorney, the court and the parent's attorney! The
parent is ordered, either by court or CPS, to cease this dangerous association with these radical,
politically motivated, and ignorant advocates, to take down websites, to stop reading or accessing
information. And our worthy family advocates sigh and say, that's too bad.

But it continues to escalate. The advocates won't go away. Some parents are not frightened into
terminating their associations with them. So, CPS, the courts and attorneys must attack the
advocates. What will they do? When advocates attend court hearings, CPS request the advocates
be named as witnesses, swear them in and sequester them from the hearings - but never call them

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as witnesses. If the advocates don't fight this, CPS wins. (I'll bet these “advocates” don't even
know how to fight this tactic. . . but I do).
Parents' attorneys withdraw or “throw” their cases because parents associate with
advocates and demand effective representation. CPS terminate the parental rights (TPR) of those
stubborn parents who continue to associate with the advocate and blame that TPR on the
advocate.
They threaten seizure of your kids, if you really are an advocate, you know exactly how to
prevent that from happening. If you can't protect your children from this false seizure, you should
probably re-evalute your claims to being an effective family advocate.
My kids are adults and no longer vulnerable, but I can tell you what they do to me. .
.When I speak, they have spies attending and taking erroneous notes to pass on to the Supreme
Court and whoever else - I know, I've seen these notes in prosecutor files.
They tap your phone lines without a warrant - I know, my lines have been tapped and
when I demand the warrant, they say there are no warrants and the taps are magically removed.
They surveil you, noisy or covert - one day I was tailed by 12 tag team law enforcement
officers for 25 miles from my home in the country to my destination at the courthouse.
They defame you, verbally and with actions. When I arrive at any public meeting, they
assign 2 security personnel to hover over me - this is called defamation through negative police
contact.
They tell everyone that I harm the cases I'm on, by virtue of the fact that they retaliate
against the parent for no reason other than our association together.
They publish defamatory and false claims about me in public and court documents,
especially if I merely sit in the courtroom gallery.
They obstruct all my legal access to records, courts and public meetings. They forcibly
remove me from buildings but won't arrest me because I never give them cause. They have
literally shut down a committee hearing at the state capitol because I refused to be forcibly
removed and demanded they leave me alone or arrest me. They find some way to drag you into
court to prevent you from having access to a parent or family member.
I've been added to cases as special respondent and ordered to stay away from the parent.
They find some way to charge you with something. I've been charged with the
unauthorized practice of law (UPL) and am now facing contempt of court charges because I
filmed some parents in Fremont County and they say that defied the court order from the UPL
case.
After the UPL case - I had to change what I did. So I required the parents and their
attorney to hire me as a consultant and I began producing my documentary video project. If I
wasn't hired by the attorney, I would only film the parents' and children's stories, I conduct
interviews with experts, judges, lawyers, etc. That pissed them off even more. They issued
threats of harm and death and jail.
I never travel anywhere in my advocacy work without a bodyguard/witness and my tiny
digital video recorder. I advise the county sheriff in writing of my presence and business
whenever I enter a hostile county, and request a security escort for my safety in courthouses. I
generally get it.
The child savers steal my intellectual property and refuse to pay me for it. They trespass
onto my land, and refuse to pay the land use fee posted at the entrance to my property.

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I must add a caveat to this scenario - if you, the advocate, back down under any of this
pressure, they will leave you alone - but you have been rendered impotent. You are no threat to
them or their practices, and therefore, not worthy of their notice or efforts. You will not win this
war by playing it safe or backing down. If you are vulnerable to CPS attack, I suggest to
re-evaluate your contribution to this movement and find something less public. Make your
contribution behind the scenes. There's plenty to do in that respect.

So now where is this advocate? I refused to back down, to shut up, or go away. I've been forcibly
arrested and injured. I'm facing jail for contempt of court based on false accusation. I have one
federal lawsuit open and others being written. I have two copyright infringement suits being
prepared and one tort trespass/breach of contract case just starting. I have an attorney for only the
lawsuit relating to the arrest - I'm on my own for the rest of them. Why on earth all this legal
action?

To answer this, we need to examine how laws are changed. After all, that is what we ultimately
intend to do. . .change the child welfare laws, isn't it? Legislation is merely one route to changing
laws. We all know how unreceptive legislators are to this issue. To make them more receptive,
we need to change public opinion. The mainstream media will not help us, so I became the
media.
This provoked the child savers to escalate against me - the violent, false arrest in
Walworth County, adding me to April Fields' Dependency & Neglect (D&N) case to order me
not to see her (film her) and invalidating her power of attorney to me, and the contempt of court
charges for allegedly violating the UPL order. Trust me, I anticipated this kind of response
because of my refusal to go away when they attacked me. Why would I provoke such a response?

This comes direct from my seminar folks. . .it boils down to “TAKE THE HIT, AND GIVE IT
BACK TO THEM.”

Laws are sometimes changed when someone is injured (legal term of art definition) by the action
of another, usually the government. As family rights advocates and activists, we know our
position is unpopular with the government. We also believe we are on the right side of this issue
and the government and their hired guns are on the wrong side of this issue. It is illogical to
believe we can appeal to reason to resolve this issue in our favor. Neither can we credibly resort
to force, as that will undermine our efforts in the public eye. Our only other option is to provoke
them into using illegal force against us.

History abounds with examples of massive societal change which are the result of abusive
government force applied against a person or associations of persons. What is happening to me,
and what is slowly emerging with other family rights advocacy groups has already been played
out, almost verbatim, during the Civil Rights movement. I suggest you read the NAACP cases in
the U.S. Supreme Court for starters, so you can understand the historical and legal background.
The court clearly established in law the first amendment protected right to freedom of association
for the purposes of issue advocacy. These rulings addressed UPL and exchange of information,
retaliation for the exercise of that right and more.

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The key point here is - this right is clearly established in law. . .which breaks the qualified
immunity of any government agent who violates the right to freedom of association. Being that
most acts by caseworkers which infringe on this right are administrative rather than prosecutorial
acts, they have no immunity. Add to that lack of jurisdiction (the advocate is usually not subject
to CPS jurisdiction on someone else's case) - you may have grounds to nail the county
attorney/AG, and maybe even the court.

But I digress. . .Let's to back to “TAKE THE HIT.” It is reasonable to anticipate that, lacking
legal remedies to use against the advocate, they will begin to pursue illegal remedies. This
tendency is fueled by their pervasive arrogance and reliance upon their “immunity.”
The advocate must be prepared for the government to use force - either legal or physical
force - against them. When that force is employed against them, the advocate must protest and
resist peacefully and within the bounds of the law governing the right in which the force is being
exerted for infringing that right. EXAMPLE: my arrest in Walworth County. I obtained
permission to film inside the courthouse. I did not enter any courtrooms or private areas of
offices. My conduct was quiet, unobtrusive and legal. When the deputy demanded I surrender my
film (force of authority), I refused (resist). He threatened to seize the film forcibly (escalation of
legal and physical force) - I reminded him of my right to sue if he did (resist - protest the
seizure). He ordered me to surrender the tape or leave the building (escalation of force of
authority and legal force). I complied and filmed him as I requested him to identify himself
(protest the use of force to compel my expulsion from the building.) He forcibly seized my
camera (escalation of legal and physical force) and I turned my back (resist). He arrested me
using excessive force (escalation of physical and legal force) - he won this conflict. While I was
in the holding cell, he refused to release me unless I gave my birth date and address (escalation of
legal force) which I was not legally required to do and refused to do (resist). After over 1 1/2
hours I finally gave my birth date and address under protest and I was released.

If you stand on a public sidewalk and hand out pamphlets and an officer tells you to move on,
and you move on, have your rights been violated? This is a resounding NO. You WAIVED your
rights when you complied with his illegal demand, without so much as an objection or protest.
YOU must compel the government to use legal or physical force to either force your involuntary
compliance with their demand (threat) or to use physical or legal force to overcome your
resistance and thereby violate your rights before the law can be changed in that respect. Then,
having established grounds to sue, you must follow up with a lawsuit or that violation and injury
has been a wasted effort. That is what “GIVING IT BACK” means. It's not sufficient to take the
hit, you must also give it back if you want to win on the issue.

I took the hit. When threatened with legal and physical force, I refused to back down or capitulate
- that's what it means to take the hit. This forced the officer to either drop the issue or escalate
into illegal conduct. He chose to escalate. Bad move on his part. The law is clearly established
regarding use of force, freedom of the press, and illegal seizure. Because I stood up for my rights,
I won a dismissal of my criminal charges and can sue him for violating those clearly established
rights. If I had waived my rights by complying with his illegal demands, my ability to sue him
would diminish or disappear. It is unlikely that I will ever be challenged on this issue ever again.
. .which is the real victory regarding this battle. If I am challenged, I will be in a position to

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prevail more easily until they finally get it through their arrogant thick heads. Ultimately, we
have to make the child savers more scared of crossing us than crossing the other child savers.

That requires that for every offense and violation they heap on advocates and parents who
associate with advocates, we must respond with appropriate legal action. That is why I have so
many legal actions pending. We are not going to win this battle as long as we (or affected
parents) continue to be doormats and punching bags for illegal CPS and court action against us.
When they hit any of us on the issues that we must enforce in order to further our cause, we must
hit back.

Freedom of association is one such issue. I took a hit and I must give it back. That is why I have
filed a lawsuit in U.S. District Court in Denver. My co-plaintiff is April Fields (she took the hit,
too), whose case they added me to in order to prevent me from having any contact with her.
Many of you know her mom - Christine Korn - who is staunchly standing by April, a virtual
mother bear about protecting family advocacy and freedom of association. As I state on my web
page about this case, the outcome of this case will affect whether or not you can continue as
advocates. It will decide whether or not CPS can retaliate against you and parents for merely
associating. The District Court summarily dismissed our complaint. I have filed my notice of
appeal, and my appeal brief is due next month. April's appeal is on hold, pending the ruling of
certain motions. But she will appeal. Appeals court decisions usually BECOME CASE LAW,
ladies and gentlemen. The very existence of family advocacy will be decided with this case.

That's right, April and I will be making law that will affect every parent and advocacy
organization or individual out there. Good law, bad law - who knows? What is the outcome of
this case worth to you?

This is where the rubber meets the road, folks. I have given a tremendous amount to this
movement without expecting anyone to reciprocate on my personal behalf. I've seen “advocates”
recycle and publish my work and not give me the credit due and others who seek and obtain
permission to post, respecting my copyright terms. I've seen out and out plagiarism of my work
for profit. I been maligned and defamed and praised by advocates and activists. When you find
yourself facing a problem and you ask me for help, I'm there with a solution. I've continued to
fight for this issue on behalf all of you, regardless of how I was treated or whether you felt you
needed or wanted it. My training is free, my expert consultation is free, my website is free to
family rights groups. Do the math - where's the money going to come from to win this lawsuit?
Not from my fees, that's for damn sure. And not from book sales unless Profane Justice magically
jumps to the best seller list.

I will be frank. . . if April and I must continue this litigation without the help or support of every
single family rights advocate or activist out there, then I don't care if it makes bad case law. If
this movement wants to leave us to stand alone during this important, ground breaking lawsuit, I
am content to reciprocate if we lose. If ALL family advocates/activists don't care enough to pony
up whatever it takes to fight for this issue on behalf of this movement as well as for the
protection of families, then why should I? I don't need to leave a legacy. I have no destiny to
fulfill. I have built this momentum for 13 years and I have a job to do. A job that I am free to

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walk away from or alter any time I see my effort is wasted. It is no shame on me to admit that my
singular and unsupported effort was not sufficient to win this battle.

If you think the CPS retaliation is bad now, wait until the 10th Circuit hands down a ruling
adverse to our rights to associate. Your child savers will be contacting Fremont County to learn
how to do to you what they do to me and parents there.

Neither one of us has an attorney. I've been told by the magistrate judge that pro se litigants never
win. If they did win, I'd stand a better chance than April. There is no way she can fight this case
without an attorney. She is condemned to lose.

Support - someone take the bull by the horns and get April one bad-ass, junkyard dog attorney.
I've tried Gerry Spence gerry@gerryspence.com, who declined. I'm just one person - maybe if
everyone hammered him about the importance of this case. . .? I don't have time to do this for her
while I'm fighting my own cases and they are really trying to nail me for helping her. Someone -
take the initiative and organize the effort - and don't let it drop until she gets him or someone just
as good. I'm dead serious about this, if this national association of advocates and activists can't
get her the best representation available, then how effective can this association be?

Money - if you can't find pro-bono representation for April, then you'd better accumulate some
serious donations to hire a good attorney for her. As it is, we need money for filing fees (I've paid
for all of these out of my own pocket), and hopefully depositions and expert witnesses if we
prevail on the appeal. You wouldn't believe how much is costs just to copy and mail all the
necessary copies of pleadings! If we can't get this money, then we won't have what we need to
win. For good or bad, with an attorney or not - I will see this lawsuit through the very last appeal.
This can be a joint effort, or it will be my singular effort.

I'm not going to run this show - I'm too busy doing the legal work. It's your choice whether or not
there even is a show to get what we need. You will be voting with your dollars and your
participation in getting April an attorney. You will be voting on whether or not you want family
advocacy to be shut down or to thrive without retaliation. You will be voting on whether or not
parents can associate with family rights advocates and activists. My vote - to the tune of over
$700 in fees and expenses (and a contempt citation for filing the lawsuit - who knows what that
will cost, including jail time) has already gone toward the protection of family advocacy and
freedom of association. If you don't donate - you vote against family advocacy and association.
Harsh? Sure - but that's reality and I don't have the option to sugar-coat it for the more delicate
souls. Whoever handles the donations - I would like a record of those who donate and the
amounts. If this is a joint effort, I will see that credit is given where credit is due. If it's not a joint
effort, that will also be noted for public consumption.

Leonard says there are how many thousands of AFRA members? Pick a dollar amount and
everyone donate it for April's defense and our litigation expenses. Give up a few smokes or beers,
a movie or a pay per view event. Or don't give, and then don't complain when we make bad case
law. If anyone comments about the way the case is being handled or its outcome, trust me, my
first question will be "how much did you give to the effort?" If you only contributed a bunch of

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hot air or some hand wringing online bytes, if you didn't give the maximum availble, expect me
to be rude and tell you to put up and shut up. . .you got what you invested.

I am also litigating the issue of CPS taking our copyrighted web sites into court to use against
parents. . .this needs funding, too. It's no less important than the other one, but this funding could
just be a loan if I win. Same rules apply to this one, except this one is easier to litigate. My
website is registered with the copyright office, which pretty much makes it an open and shut
case.

Not anybody can sue CPS on behalf of family advocacy, freedom of association, etc. A person
must first be an injured party - I qualify. The case must be clean as a whistle, I've set all of mine
up that way. The injured party must be articulate and knowledgeable so that when testifying, she
will not hurt the case - anyone who has seen me speak knows I am qualified in this regard. The
injured party must be in it for the long haul. . .a lawsuit is will be a terrible ordeal - I rely on my
record of perseverance to speak for itself. Is the case and the party (parties) credible? You judge. .
.and cast your vote accordingly.

IN REF:

Email to AFRA webguy on April 26, 2004

Please remove my posting (membership) immediately. We have had our two little girls
basically kidnapped (they say it was a voluntary agreement), to which we were no part,
never asked and naturally would never had agreed to. We reported possible abuse and
asked for help, instead they may never return our babies. What does one do with this?

The social worker stated that she read my posting on this website.

They have our kids for absolutely no reason whatsoever. Except that we currently a
pending civil rights lawsuit against the county.

Copyright ©2004 Suzanne Shell. Copyright terms published at www.profanejustice.org