PETITION UPDATE

Mikaela’s Law – Wrongful Death Suit

Evita ToluSaint Louis, MO, United States

NOV 26, 2021 — 

Follow-up letter below was sent to Missouri lawmakers in Jefferson City (State Capital) Missouri.

Dear Honorable Members of the Joint Committee on Child Abuse and Neglect, Honorable Darrell Atchison, and Honorable Karla Eslinger,

Thank you again for allowing me to be heard by the Joint Committee on Child Abuse and Neglect on November 16th, 2021, regarding establishing accountability standards for all court involved professionals who represent children’s best interests in family and juvenile cases in the State of Missouri.

Further to my last email below, there are countless victims, in an untold number of cases in Missouri spanning decades, of court involved professionals who knowingly disobey the law for their own personal gain and in doing so harmed Missouri children.  I would like to tell you a little more about just one of those cases.

I am an attorney for Cynthia Haynes (Cynthia) in the case, Haynes v. Haynes, 13RI-CV00554, which has been languishing in the Ripley County Family Court for eight (8) long years without any resolution.  I was hired by Cynthia in May of this year.  Cynthia is a mother of four (4) daughters: Melinda Hogg (Melinda), Melissa Hogg (Melissa), Mikaela Haynes (Mikaela), and Sara Haynes (Sara).  Cynthia’s second husband, Charles Haynes (Charles), sexually abused Melinda, Melissa, and Mikaela.  Charles was convicted of deviant child sodomy of Melissa.  Melinda provided a victim impact statement during Charles’ criminal investigation into sodomy of Melissa.  Sexual abuse of Mikaela Haynes was never investigated despite of Mikaela’s disclosures to the court involved professionals.

While on criminal bond in case State v. Haynes, 13RI-CR00907-01, the Family Court granted Charles unfettered access to his biological daughters Sara, age seven (7) at that time and Mikaela age twelve (12) at that time.  Charles sexually abused Mikaela.  Mikaela disclosed sexual abuse to her pediatrician and to the Division of Family Services (DFS).  Instead of investigating Charles, who at the time was already charged with the deviant child sodomy of Mikaela’s half-sister Melissa, the DFS and the Ripley County Court wrongfully seized Sara and Mikaela from their loving mother’s (Cynthia) custody on the fabricated allegations of educational neglect.  The juvenile court started investigation of Cynthia’s alleged educational neglect.  No one took seriously Mikaela’s disclosures of sexual abuse despite everyone’s knowledge. 

During this seizure, the court appointed guardian ad litem, Jennifer Williams (GAL Williams), who threatened Mikaela that if she testified against her father, Charles, in the pending criminal proceedings, GAL Williams would make sure that both Mikaela and Sara would remain in the DFS custody.  GAL Williams demanded that Mikaela testify in criminal, juvenile and family courts on behalf of her father, Charles, that he was “a model parent” and her half-sister Melissa was a liar.  GAL Williams demanded Mikaela’s testimony to secure probation for Charles, instead of incarceration for deviant child sodomy of Melissa.  GAL Williams also threatened Mikaela that if Melissa or their mother, Cynthia, testified against Charles, Mikaela and Sara would remain in DFS custody.

While on bond, Charles threatened to kill his victim child, Melissa, and his wife Cynthia.  A recording of these threats was provided to the Ripley County Prosecutor, who to everyone’s shock, never investigated these murder threats (see audio link recording of these threats below).

While on bond, Charles tried to shoot Melissa from outside her home when Melissa was undressing in her bedroom.  The bullet hit and broke the bedroom’s window and missed Melissa by an inch.  Again, in disbelief by everyone, the Ripley County Prosecutor never investigated this shooting.  While on bond, Charles’ attorney found children’s pornography on Charles’ computer.  Charles’ attorney delivered the computer to the Butler County Prosecutor.  Again, the Butler County Prosecutor never investigated it.  Charles’ attorney withdrew from representing Charles as soon as he discovered children’s pornography on Charles’ computer.

On November 23, 2018, Mikaela learned that GAL Williams was scheduled to testify at Charles’ sentencing proceedings scheduled for November 26, 2018, seeking her father’s probation to allow GAL Williams to petition the Ripley County Family Court to award Charles custody of Sara and Mikaela once probation was secured.  Learning of GAL Williams’ upcoming testimony for her convicted deviant child sodomizer father, Charles, (convicted in September 2018), Mikaela hung herself on November 24, 2018, in a desperate effort to save her little sister Sara (age nine (9) at that time) from being sexually abused by her father, once Charles received Sara’s custody.  Despite GAL Williams’ desperate efforts to save Charles, he was sentenced to serve a seven (7) year jail term.  Charles is set to be released in December 2025.

While in jail, Charles continues to threaten his daughter Melissa and his wife Cynthia through his associates.  The Ripley County Family Court refused to grant any protection to Cynthia and her daughters.

Despite Charles’ conviction and long-term incarceration, the Ripley County Family Court denied Cynthia’s motion to award sole and physical custody of Sara to her.  For the past eight (8) grueling years, the Ripley County Family Court has refused to protect Cynthia and her daughters.  Every single judge in Ripley and Butler Counties recused themselves from Haynes v. Haynes 13RI-CV00554 divorce case based on bias and conflict of interest.  Cynthia cannot obtain a divorce from her daughters’ rapist, cannot secure custody of Sara, and is not allowed access to her own assets to pay for her family’s daily necessities such as healthcare, food, education, and housing for her daughters.  The Missouri courts have in essence, done everything possible to make Cynthia and her daughter’s lives a living hell for eight (8) horrific years with no end in sight.

In summer of 2021, the Missouri Supreme Court appointed a retired judge, the Honorable Judge Gary A. Kamp (Judge Kamp), to preside over the Haynes v. Haynes 13RI-CV00554 divorce.  Cynthia hoped that she would finally be able to secure custody of Sara and be divorced from these eight (8) yearlong nightmares.  Unfortunately, Judge Kamp declined to award Cynthia custody of Sara and violated RSMo. 452.400.2 which prohibits parents convicted of deviant child sodomy under RSMo. 566.064 to have any custodial or visitation rights.  Instead, in his judgment denying Cynthia’s request for Sara’s custody, Judge Kamp stated in part:

“The Motion and proof were insufficient to resolve all of the issues surrounding the Minor child”

Apparently, it was not enough for Judge Kamp that Charles Haynes has been convicted of deviant child sodomy based on his own admission.  Judge Kamp refused to apply RSMo. 452.400.2 which prohibits family courts from awarding custody of minors to convicted deviant child sodomizers.  These laws were enacted by the people and to protect minors from sexual abuse. Good laws are not being adhered to in the courts. I am asking for your investigation why the Ripley County Family Court, like so many other Missouri courts, are exempt from following the law our legislature enacted to protect our children.

Charles’ attorneys have repeatedly been delaying the resolution of this unconscionable divorce for eight (8) years.  They argue that the case needs to be continued until Charles Haynes is released from jail and Charles can assert his custodial rights.  In the past eight (8) years, Charles has not supported his daughters in any meaningful way.  Charles has not inquired into his daughters schooling, health, interests, friendships, and community involvement.  Yet, Charles has been demanding access to his twelve (12) year-old daughter Sara which Missouri law prohibits but the court is ignoring.

Recently, Cynthia renewed her request seeking Sara’s custody and it will be heard at 9:00 am on December 10, 2021, before Judge Kamp, in Ripley County Family Court.  A copy of Cynthia’s renewed motion for award of Sara’s custody.  (See attachment).

Unless there is judicial oversight, another child may take her life.  Mikaela took her life hoping to save Sara and now Sara is in harm’s way.  I am asking you to be Mikaela’s voice in these divorce proceedings to save Sara’s life.  Cynthia and her daughters, Melissa, and Sara, need your help to stop judicial abuse in Haynes v. Haynes 13RI-CV00554 divorce case, by enforcing Missouri laws protecting children (RSMo. 452.400).  Cynthia and Sara must be finally released from the grips of the convicted incarcerated deviant child sodomizer, Charles, who has endless resources and who has been fully supported by the Ripley County Family Court for the past eight (8) long nightmarish years. 

In these eight (8) years that this loving mother and her daughters have been through, only two (2) hearings in Haynes v. Haynes 13RI-CV00554 were recorded despite Cynthia’s repeated requests to preserve the record (see attached).  The Ripley County Family Court repeatedly refused to preserve the record as mandated by the Missouri Supreme Court Operating Rule 16 and Missouri statutes.  Sharon Richmond, the Circuit Clerk of Ripley Count informed Cynthia’s attorney that Sharon Richmond does not have an obligation to preserve the record.  If there is no record, there is no accountability and no public oversight.  Missouri Law is premised upon the public policy that “custody of minor children cannot “be bartered and traded as goods in the marketplace, to foreclose a judicial determination as to the present welfare and best interests of the child.” Matter of W-K-M, 537 S.W.2d 183, 186 (Mo. App. K.C.1976).  “The welfare of the child is and must be the prime and overriding consideration.” Id. at 185.

Apparently, the Ripley County Family Court’s position on the welfare of Cynthia’s children is not the prime and overriding consideration in Haynes v. Haynes 13RI-CV00554 divorce case.  It appears that Mikaela’s suicide, in a desperate attempt to get the attention of those we trust in positions of power, was futile and did not change anything because no one in these positions seem to care about these children. 

This case must be open to the public and to media according to the Missouri Constitution and Missouri Judges must follow the law.  Cynthia and her daughters need your support to make sure that Judge Kamp follows the law and provides access to all media, press representatives and the public, so that this case can be followed and covered.  Multiple media petitioners filed their requests with the court (see attachment by one of them).

Please support three (3) of your Missouri constituents: Melissa Hogg, Sara Haynes, and Cynthia Haynes by:

1.         Making sure the Ripley County Family Court preserve the record of the Haynes v. Haynes 13RI-CV00554 divorce case proceedings going forward to assure oversight in accordance with Missouri Statutes.

2.         Making sure the public and media are allowed into the Ripley County Family Court to observe and report on the December 10, 2021, 9:00 am, Haynes v. Haynes 13RI-CV00554 divorce case hearing as well as any future hearings in accordance with the Missouri Constitution.

3.         Investigating Ripley County Family Court judicial misconduct in Haynes v. Haynes 13RI-CV00554 divorce case.

4.         Delegating your staff to attend the Ripley County Family Court Haynes v. Haynes 13RI-CV00554 divorce case proceedings at 9:00 am on December 10, 2021, and in the future, in pursuit of judicial accountability.

Finally, Mikaela’s mother, Cynthia, sent me a video link, produced by a group of Butler County concerned constituents, and wanted me to share it with you (see below).

Thank you again for helping me help this family and change the outdated Missouri laws that do not have Missouri children’s best interests.  I trust that your input and investigation will result in the right decision in the Haynes v. Haynes 13RI-CV00554 divorce case to protect Sara’s best interests and not the best interests of court involved professionals. 

Please support Mikaela’s dying wish to save her sister, Sara.  Let’s work together on both sides of the isle to make a change for all Missouri children by putting your full support behind Mikaela’s Law, and by removing quasi-judicial immunity from all court involved professionals in family and juvenile cases. Other States have passed laws to protect their children and I pray Missouri lawmakers will do the same.

I look forward to working zealously on Mikaela’s Law with each one of you in the Senate and House, and whole heartedly appreciate your help.

Sincerely,

Evita Tolu, Esq.