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This is my response to the evidence
section. First we must begin in March, 1995 this is when my daughters
mother,and I went to our first mediation session. After several
mediation sessions she agreed to let me take my daughter, every other
Saturday for ten hours and the alternate week Monday for two hours.
My daughter was three yrs seven months at this time. She had denied
me any contact with her for the past seven months and I had only had
her once or twice outside of her home before this. These mediation
sessions cost me seventy five dollars a hour, she paid nothing since
she was on AFDC. The agreement was to be for one year and then
renegotiated. From the beginning of the agreement she did everything
in her power to not honor it. She said she was sick, said my daughter
didn't want to go etc.
March, 4th 1996 we again had a mediation
session. I wanted to have my daughter every other weekend. She would
not agree, the mediation session ended with no agreement. The
mediator told her the Judge would not deny me this if we went to
court. We did not agree to anything at mediation and I told her I
would see her in court. Her first report to social services was a
little over two weeks after this, March,19, 1996. Careful reading of
this report states, child gave no indication that anything
inappropriate has happened to her. No one has touched her on her
"body"- her name for her vaginal area. Not afraid of her
dad. No one has ever hurt her. Looks forward to visits with her dad.
No indication that anyone else has had contact with
her-inappropriately when with her dad. Also very talkative- not shy
about talking with Chief Haas and myself. Bright for her age- looks
well cared for. Talked about the fun things she does with her
dad.-appeared comfortable in conversations about him.
This is significant because the second
report was made to social services May 20, 1996 in this report it
says Child stated that when her dad touched her she was in the
bathroom when he was wiping her butt. We tried to reframe this
several times but she kept coming back to the fact her father touched
her in the bathroom -while she was on the toilet. When the police
interviewed me for the first time it was Memorial Day 1996. They said
my daughter said I touched her when she was in the bathroom. At first
I did not remember this incident because I thought they were talking
about the last time I had her two weeks earlier. In fact it was two
weeks before this May 4, 1996. I remember she was on the toilet going
to the bathroom and she said "daddy it hurts when I go
potty". I was on the phone at this time and went into the
bathroom and bent down and took my hand, fingers extended and rubbed
them lightly below the crease below her navel. I asked her "does
it hurt here or lower" she said lower . I was still on the phone
and she came out and never said anything else about this. I thought
she was constipated and since she did not complain again never
thought about it again. Only in the second report to social services
does my daughter say I touched her on the toilet, nowhere in the
March 19, 1996 report does it say I touched her.
Now we can compare what mother and
daughter said too the nurse and doctor in this case in reference too
the time frames above. We can also compare the medical conditions and
symptoms she had at this time. The first time her mother mentions any
thing to the medical personnel about a concern of sexual assault is
5-9-96. This date is significant because it is four days after she
was complaining about it hurting when she went to the bathroom at my
house. Careful reading of the medical reports state: Mom brings child
in for ear recheck after completing 14 day course of antibiotics. No
ear pain now but has complained of burning on the outside of the
vaginal area after urination and states it is red down there. One of
the side effect of antibiotic use is vaginal yeast infections. The
report says just finished 14 day course of antibiotics. In fact a
yeast infection was diagnosed and Monistat prescribed. Mother asked
child if someone touched her down there she said yes her "daddy".
She proceed to show me with her finger and how he
had touched her and moved her finger across her labia. This was four
days after she was at my house and complained about it hurting when
she went to the bathroom. We now know she has a yeast infection which
accounts for the burning. I did not touch her labia it was her
abdomen below the crease in her lower abdomen. Her mother also
reports to the medical personnel that she has met with police and a
counselor, but the child becomes shy and refuses to say anything.
This contradicts what the social service reports state. Child is very
talkative not shy about talking with chief Haas and myself.
The next time she sees medical personal is
5-28-96. On this visit she sees the doctor on the previous visit it
is a nurse practitioner. Mother brings several hand written notes
dated 6-10-95, 6-23-95 8-8-95,3-8-96 and 5-7-96 documenting her
concerns. In the social services report 3-19-96 my daughter states no
one has touched her inappropriately. These notes are all before this
date except the last one. If she had these concerns why did she not
go to social services before this and only after a failed mediation
session. When asked why she is here for the visit child stated "
to talk about my daddy touching my body". She reports her father
did use his hand or finger in direct contact with her external
genitalia. Reports that at one time it occurred in the shower.
Reports some discomfort with urination since this time. I never took
a shower with her so this part is puzzling to me. The pain with
urination can be attributed to the yeast infection. The touching her
external genitalia was the incident in the bathroom which was her
lower abdomen.
Her mother also states child says
"daddy touches me a lot" and "daddy puts his finger up
there so it hurts" States she continues to relate episodes to
her grandmother and father. Notice this is what her mother states not
my daughter. He then diagnose's her with Consistent With Sexual
Consult By Direct Manipulation even though her physical exam is
normal. He states "female external genitalia is normal,normal
anatomy, I appreciate no tears or scarring, hyman is intact, anus is normal"
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