Saturday, April 16, 2011

Your child disappeared...then what?

By Sean Cruz

Portland, Oregon—

Last night, KATU-TV’s Steve Dunn asked viewers the question “What would you do if your child suddenly disappeared?” and in the broadcast described what Kaine Horman, whose 8-year-old son Kyron disappeared nearly a year ago, is doing this weekend.

315 days after his son was abducted, Mr. Horman told reporter Anna Canzano: “Well, there’s only one day to me that has any significance, and that’s June 4, 2010. Every day after that is pretty much as painful as the one before it.”

I know that feeling well…. When asked over the years about how I felt about missing birthdays and other special days, I would respond that those days are just like every other day, only more so….

My life changed forever on February 12, 1996, when my four children disappeared into Utah in a Mormon abduction, Mormon zealots and my former wife carrying out a Mormon shunning. This is what can happen when you disagree too openly with Mormon Borg-like intrusion into your family life…the church is very highly organized to sever Mormon family members from contact with non-Mormon members of their own family.

Just ask the grieving parents and grandparents of MormonsHMC (Mormons Have My Child)….

I counted the days, marked out on my calendars, month after month, year after year, 1876 days lived one day at a time, before I finally stopped counting five years and two months after my children were kidnapped….

But enough about me….

Find out what the father of Kyron Horman is doing, and think about what you would do if your child was abducted….






KATU-TV news:

PORTLAND, Ore. - When was the last time you cherished getting your kids ready for school, walking them to the bus stop or tucking them in at night?

Those are the kinds of things - the simple things we sometimes easily take for granted - that Kyron Horman's dad, Kaine Horman, says he misses about his son.

"The days I miss the most are him in one arm and Kiara (his daughter) in the other arm, just sitting on the couch together," Kaine told us.

Kyron disappeared from Portland's Skyline School on June 4, 2010. His stepmother, Terri Horman, has not been named a person of interest or suspect in the case but she has been the focus of the investigation. She is believed to be living in Roseburg with her parents. Kaine still believes she knows something.

While police continue looking into the case and searchers continue heading out to try to find any trace of Kyron, Kaine is keeping his son's name and face out there in the hopes that someday his boy will be found. Kaine was at the Expo Center on Friday and plans to be there throughout the weekend, both at the KidFest and at the Portland Garage Sale.




Sunday, April 10, 2011

On counting coup on a kidnapper

By Sean Cruz

Portland, Oregon—I used to own a .357 magnum revolver, but not long after my children disappeared in what I had come to learn was a Mormon abduction, I gave the weapon away to my brother, lest I be tempted to use it, either on myself while in the depths of hopelessness and despair, or on one or more of the people responsible for the crimes they were inflicting on my children and my family.

I have never regretted this decision.

As weeks turned into months turned into years, fighting through four jurisdictions in three states, with my children’s kidnappers enjoying safe harbor in theocratic Utah and my children suffering terrible abuse, I had many opportunities to think about this single fact.

There were many long, strongly magnetic moments when the grief and pain were unendurable, and I might have found a solution in that holster long ago had it still been in my possession.

And there were many sharp hours of contemplation, my anger grown cold, considering what events might take place should I decide to go out and impose a form of frontier justice on the criminals who were most responsible for the abduction and the subsequent abuse of my children, none of whom was my former wife.

These persons were Mormon zealots Kory Wright and Steve Nielson and my former brother in law Tony Micheletti, and I contemplated this Trifecta for years, but took no action other than to continue to fight through an indifferent and ineffective legal system, compromised by Mormon cronyism and the paranoid, self-absorbed and delusional mindset that is the foundation of that religion.

Outside of these moments, these hours of weakness and vengefulness, I held to my core integrity, passed down to me from my late parents and grandparents, and it was in those reflections that I found the strength to act honorably, and to work to make something good and lasting result from these terrible crimes.

In 2003, I had the great good fortune to be offered an opportunity to work for Oregon State Senator Avel Louise Gordly, a transformational and widely respected leader known as “the conscience of the Senate”, and it was in that year that we began work on legislation addressing the issue of children abducted by family members and persons into whose care the children had been entrusted.

I have written elsewhere and in depth regarding the history of that legislation, the Senate Task Force on Parental and Family Abduction, the death of my son Aaron Cruz, and the passage of Senate Bill 1041 in 2005, known as “Aaron’s Law” in his honor, and will not repeat it here, other than to make these points:

Aaron’s Law is designed to address the failures of both the family law and criminal law systems in preventing and resolving child abductions that involve known perpetrators, a crime that continues to take place at the rate of more than 200,000 cases each year.

An abduction is a continuing crime, an offense that has a beginning but no real end, a fact in conflict with the reality that law enforcement and the courts take little interest in these cases, hence the large annual numbers.

I am often contacted by parents whose child or children have been taken into concealment by the other parent, looking for advice, running out of hope. Their painful stories all have points in common with mine: law enforcement is apologetic but does not act; they cannot find a lawyer who is willing to listen; when and if they do get before a judge, the judge is indifferent, even judgmental; every avenue burns up precious time, time scalding hot, in weeks and months, and yet there is a child missing….

This adds up to more than 200,000 cases of child abduction a year, every year….

Several years ago, I became aware that Kory Wright, after having concealed my children in his home in Utah, their first stop in Mormon Country, had moved into the Portland area, and was employed at Columbia Ultimate across the river in Vancouver, where his ugly, criminal face was displayed on the company website.

Without Kory Wright, the abduction of my children would not have taken place. Senate Bill 1041 was deliberately written with his actions in mind, criminal acts that Aaron’s Law is designed to prevent, and here he was, having suffered no consequences for his crimes….

I chose October 6, 2009 as A Good Day to Die….

In the days and weeks leading up to the day, I reflected on all that had taken place, thought about a wide range of options, a very wide range….

President Bush had recently been pelted with an Iraqi journalists’ shoes, and I thought of that option, too, the night before the day…but tossing my shoes at Kory Wright would have been poorly understood in American culture….

I decided to count coup, to count coup with a copy of Aaron’s Law, written for Kory Wright and for people like him, as the honorable course…only one criminal in this confrontation…a non-violent but pointed confrontation….

I began the dialogue, in the lobby of the Hilton Hotel, with this statement: “My name is Sean Cruz. You kidnapped my children, motherfucker.”

An abduction is a continuing crime, and a criminal is responsible for all the damage that ensues from his or her criminal act….

Many a grieved parent would have brought a weapon, would have made the news for a couple of days, maybe…I brought the law instead, Aaron’s Law….

Here is the series of essays that described the incident and the ensuing trial (note that the “slap” was a rhetorical slap, not physical; the rhetoric created some confusion at trial):

Sean Cruz confronts man who kidnapped his children


Kidnapper confrontation earns commendation from judge


Not guilty!




Monday, March 21, 2011

Reflections and resolve on Aaron's birthday 2011


by Sean Cruz

Portland, Oregon--

Today, March 21, is/was, could have been, should have been, should be my son Aaron’s birthday, a day for celebration and a sharing of love and companionship, with my beautiful boy and my three surviving children, the Cruz family gathered together like we did before my children vanished fifteen years ago in a Mormon abduction.

Like most parents who have suffered the death of a child, or, as I have also, the disappearance of a (four) child(ren) in a kidnapping, I find special calendar days are an emotional obstacle course, a test of coping skills, and a time for reflection and resolve….

There is a law on the books now in the state of Oregon, an important, landmark piece of legislation designed to deter and resolve non-stranger child abductions that bears my son’s name, called Aaron’s Law, passed on a unanimous House vote shortly after his death in 2005.

Had Aaron’s Law been in statute in 1995, my children wouldn’t have been abducted in the first place, and today would be one of those marvelous days of celebration that instead ended so abruptly so long ago.

The U.S. Department of Justice counts each year more than 200,000 cases of children abducted by a parent or family member, of parents themselves generating more than 200,000 child victims in this country, year after year.

While most of those abductions are of short term duration, the harm to the children lasts far longer, and some six per cent of the child victims are never recovered. This fact suits the Mormons who abducted my children just fine. Even as adults, my children are prohibited from having free contact with me or with other members of my family. That’s how a Mormon shunning works….

March 21 is no longer a day for celebration in the family of Aaron Cruz. The date instead has become a time for reflection and resolve, and I am ever more determined to see the principles of Aaron’s Law embedded in statute across this nation, to see that justice is served, to see that parents and family members (and religious fanatics) are sufficiently deterred from causing their own children this terrible, completely senseless suffering.

This is for you, my beautiful son, with all of my love,

Dad








Saturday, March 19, 2011

Report to the Oregon Senate on Parental and Family Abductions

Report of the Oregon Senate Interim Task Force
on
Parental and Family Abductions



To: The Honorable Peter Courtney, President, Oregon State Senate


From: The Senate Interim Task Force on Parental and Family Abductions



The Senate Interim Task Force on Parental and Family Abductions (“The Task Force”), chaired by Senators Gordly and Morse is pleased to report to the President of the Oregon State Senate, the Honorable Peter Courtney, that it has completed its assigned task of reviewing the current state of Oregon law as it relates to the serious problem of parents abducting their own children in order to negate the lawful orders of Oregon courts regarding child custody and parental visitation rights. We have enclosed a list of the members of your Task Force, with biographies, and labeled it attachment “A.”


Since June of this year, The Task Force has conducted four hearings and during these hearings has taken testimony from witnesses concerning the extent of the problem, reviewed current federal and state law, reviewed current state policy, reviewed and debated possible changes to state policy and law and has made recommendations concerning changes to this policy and law.

Furthermore, The Task Force finds that often parents involved in a divorce, or parents of children born out of wedlock who are involved in custody disputes, often take out their anger with each other through their children; some retain or flee with their children to ensure the access and control that has been denied them, or they fear will be denied them; others even abduct their own child in order to interfere with the other parent’s right to custody or parenting time.

We further find that this is extremely detrimental to the emotional and mental well being of the children, and at time may even put the life of the child in danger.

In order to lessen the incidence of parental abductions and to lessen the damage done to these children who are the victims of parental abductions, your Task Force has taken the following actions and makes the following recommendations:

1. We have asked that the Joint Interim Judiciary Committee introduce, on behalf of The Task Force, LC 847 and LC 858 and recommend their enactment into law. We have attached copies of each LC and labeled them attachments “B” and “C” respectively.


2. We recommend that the Commission on Children and Families continue to work with Take Root, King County, Washington, the Oregon mental health treatment community and the Oregon law enforcement community to develop a better understanding of the trauma victims of parental abduction suffer and how best to treat this trauma. And, as part of this process, develop with the Oregon State Bar a symposium for the legal community, the mental health treatment community and the law enforcement community.

3. We recommend that you, on behalf of The Task Force, encourage the Judicial Branch and the Oregon State Bar to assist in educating judges, prosecutors and family law practitioners concerning the problem of parental abduction, its impact on children, and the need to better understand and utilize current statutory provisions relating to the prosecution of the crime of custodial interference and the enforcement of parenting plans and orders.

4. We recommend that you, on behalf of The Task Force, inform the Oregon Congressional Delegation of our support of the Polly Klaas Foundation’s proposed federal legislation, “The Family Abduction Prevention Act of 2005.”


Legislative Recommendation 1

LC 847 would extend the statute of limitations for the crime of custodial interference in the first and second degree from four years to six years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 24 years of age or within six years after the offense is reported to a law enforcement agency or other governmental agency.

This would mean that the statute of limitations for custodial interference would be the same as it is currently for sex offenses. Your Task Force believes that the rationale for doing this is the same for the statute of limitations on sex crimes. A child who is removed from the lawful custody of one parent by another is a victim. That child is similarly situated to many underage victims of sex crimes. The perpetrator of the crime is the child’s parent. Too often, at the time of the offense, the victim is unaware that they have been abused or that they have a right to seek redress. LC 847 would give a person, who as a child was a victim of a parental abduction, the ability to seek prosecution when the person is an adult and better able to understand the ramifications of the abduction.


Legislative Recommendation 2


LC 858 amends the current definition of what is an “injury” within Oregon’s Victim’s Compensation Act to include the injury a child incurs when that child is the victim of custodial interference. Currently, the injury a child receives, when the child has been abducted by one of the child’s parents, does not necessarily include physical injury. The injury is more in the nature of mental trauma or mental injury. Nonetheless, the injury is real and may be even more long lasting and damaging than physical injury. LC 858 is intended to include this injury within

Oregon’s Victim Compensation Act so that children who have been abducted by their parent, in violation of Oregon’s custodial interference statutes, can be compensated.

Task Force member, and Executive Director of the Oregon Commission on Children and Families, Mickey Lansing, on behalf of The Task Force, met with the Board of Social Workers and the Board of Psychologists concerning the current training their respective professions receive regarding the treatment of victims of parental abduction. What she found was a general lack of awareness of the problem.


With the assistance of Task Force member Liss Hart-Haviv, of Take Root, an advocacy group for victims of parental abduction, Ms. Lansing contacted Take Root’s Law Enforcement Consultant, Officer David Barnard of the Missing Children’s Unit of the King County, Washington sheriff’s office. He described the King County program where a mental health provider accompanies sheriff’s deputies when retrieving a victim of a parental abduction. Ms. Lansing added that Take Root, as part of its program for the Office of Juvenile Justice and Delinquency Prevention in King County, is developing a curriculum to train law enforcement and mental health workers and would share it with us.


Ms. Lansing stated that, although parental abduction was not within the Oregon Commission on Children and Families purview, she would continue to work with Ms. Hart-Haviv, the mental health treatment community, and the law enforcement community to develop a program similar to that which King County has developed. Ms. Lansing has volunteered to report back to the Co-Chairs of The Task Force, Senators Gordly and Morse concerning the progress of her

endeavors even after your Task Force has completed its work and gone out of existence.


We applaud her for her efforts and look forward to her report. Furthermore, we recommend that you, on behalf of The Task Force, encourage the appropriate Senate committee to receive this report during the 2005 legislative session.


Recommendation 3


The Task Force heard testimony from the Oregon Department of Justice and the Oregon State Police, Missing Children’s Clearinghouse on the Federal Parent Locator Service, a federally mandated program operated through the Oregon Department of Justice, Division of Child Support, that assists in locating missing children. The service is available for use by the courts and the law enforcement community.


The Department of Justice stated that it will promote greater awareness of the service through articles in the Oregon State Bar Bulletin, a publication distributed to all judges and attorneys in Oregon. The department added that a similar article will appear in the Oregon District Attorney Association publication. The two agencies stated they will work together to educate law enforcement officers about the locator service.


At one point, The Task Force considered legislation that would have required that all local law enforcement agencies report missing children to The Oregon State Police, Missing Children’s Clearinghouse. However, after the State Police and the Department of Justice met and discussed the issue, they determined that the State Police could obtain this information by an administrative process that will automatically notify the Missing Children’s Clearinghouse of all reports of missing children made by state, county and local law enforcement agencies.


Consequently, The Task Force decided this legislation is not needed (Seven years later, the State Police has not kept its promise to the Task Force).


The Task Force heard testimony that one of the leading causes of parental abduction is the failure to enforce parenting time orders and agreements. Some parents take children to ensure the access and control they feel they are entitled to pursuant to their parenting plan that, in their opinion, is not being enforced.


The Task Force considered a legislative proposal pertaining to judicial authority to enforce parenting time orders and agreements. However, after reviewing existing legal remedies, The Task Force is of the opinion that current law is adequate to address failures of parents to abide by parenting agreements.


In particular, The Task Force is of the opinion that parental abduction, by either the custodial or non-custodial parent, may constitute “immediate danger” to the child and warrants a change of custody pursuant to ORS 107.097 or ORS 107.139.

What is lacking is an understanding of how current legal remedies can be used to more thoroughly enforce parenting plans and orders. In order to rectify this, The Task Force asks you to communicate with the Judicial Branch, the Oregon State Bar and the Oregon District Attorneys Association on the need to make judges, prosecutors and family law practitioners aware of existing remedies and the need to enforce these provisions.


Furthermore, we suggest that the Oregon State Bar be encouraged to develop, in conjunction with the mental health treatment community and The Commission on Children and Families, a symposium on the legal and mental health aspects for the prevention of parental abduction and the treatment of its victims. To assist you in this endeavor, we have attached a draft letter to the State Court Administrator, Kingsley Click, and to the Executive Director of the Oregon State Bar, Karen Garst.


Recommendation 4


The Polly Klaas Foundation is a national nonprofit corporation that is dedicated to finding missing children and helping to prevent them from being missing in the first place. It accomplishes its goals by promoting public policies, educating the public, and providing families, law enforcement and communities with the ongoing support and expertise needed to protect our children. Since its founding in 1993, The Foundation has helped more than 4,500 families find missing children.

The Polly Klaas Foundation will reintroduce before Congress, “The Family Abduction Prevention Act of 2005.” This bill was developed in consultation with Take Root and would fund grants to states for programs that:


(1) Extradite individuals suspected of committing a family abduction back to the state from which the child was taken;

(2) Investigate family abduction cases;

(3) Train state and local law enforcement agencies in responding to family abductions and recovering abducted children, including the development of written guidelines and technical assistance;

(4) Conduct outreach and media campaigns to educate parents on the dangers of family abductions; and

(5) Flag school records.


The Task Force urges you, on behalf of The Task Force, to inform the Oregon Congressional Delegation of our support of this legislation.


According to the U.S. Department of Justice, Office of Justice Programs, in 1999 an estimated 203,900 children were victims of family abductions with 20 percent of the abductions involving more than one perpetrator.

Although there are no numbers for Oregon regarding parental abductions, The Task Force is of the opinion that the rate of parental abductions in Oregon mirrors the rate for the country. In other words, there appear to be at least 5,000 parental abductions in Oregon every year.


These abductions are illegal; they cause a tremendous amount of grief and anxiety for the parent or guardian with legal custody, and they cause immeasurable damage, both psychological and sometimes physical, to the abducted child.


We hope, Mr. President, that your Task Force has not only made you more aware of this very much-ignored problem, but has made others also aware. We believe that your Task Force can confidently say that, through its efforts, those responsible for tracking missing children have developed a more efficient process for doing so. We hope that you will ensure that the legislation we are proposing is given due consideration during the 2005 legislative session, and

we urge you to communicate with the Oregon State Bar and the State Court Administrator’s Office to urge them to inform their respective constituencies regarding parental abduction.


Finally, we, once again, urge you to inform our Congressional Delegation of the need to enact “The Family Abduction Prevention Act of 2005.”


Date: December 2004

Saturday, March 12, 2011

Father-sense, a missing daughter, earthquake and tsunami

by Sean Cruz

Portland, Oregon--

No noise woke me early morning yesterday; no bathroom urge stirred me, no dog moving around in here, but a sense that something was wrong somewhere….

My father-sense had been activated….

I looked at the clock, where 3:00 am or thereabouts glowed in the dark; no reason to get up other than to turn on the news, the bad news….

Major earthquake in Japan, tsunami, nuclear power plants in harm’s way, and somewhere in that country my baby girl, Allie….

I actually have no direct knowledge that my daughter is in Japan, little information about her since she disappeared in a Mormon abduction 15 years ago, a week past her eighth birthday, but I heard a rumor that she had been sent to some Mormon missionary operation in Japan about eight months ago….

(The Mormons are well-organized to make children disappear, to sever families forever, just ask the bereaved parents and grandparents who make up Mormons HMC “Mormons Have My Child.”)

But now, my father-sense was confirming my earlier suspicion, that my child is in fact in danger, amid falling buildings, chaos, tsunami, and as the hours have worn on, clearly in a place where lack of clean water, food shortages, sanitation and disease crises loom for the survivors….

Is my daughter among them? Where is she? Is she injured, frightened? Is she alive? When and how will she be safe? When will I see her again? When will I hear her voice?

If the Mormons who have controlled her life for the past fifteen years have anything to say about it, then these questions will never be answered, not in my lifetime.

There is news of winter cold, fuel shortages, transportation links broken, people buried alive, nuclear plant supercrisis, aftershocks, more buildings coming down, endless heartbreak….

My father-sense hit crisis mode also nearly six years ago, and the following morning I learned that my beloved son Aaron had fallen into a coma and died in his mother’s empty house in Payson, Utah, a Mormon stronghold in the desert, a place where the Mormon system smothers non-Mormon children to death, spits them out unwanted and unloved, but that is a different story.…

The Sendai Earthquake, as this disaster is now known, caused the main island of Japan to move eight feet, and shifted the Earth on its axis…and somewhere in there is my baby girl, her name is Allie (Alexis) Cruz, and she is more beautiful than all of the stars in heaven….

My father-sense is at maximum alert, calling her name….


The people who could tell me where and how my daughter is are the same people who caused her and my other children to disappear:

Chris and Kory Wright, the Mormon zealots who concealed my children in Utah:

https://www.columbiaultimate.com/about-us/management-team.aspx


And Gina Foulk, here with husband #5:

http://www.eldoradohillsseniorcare.com/contact.nxg

Sunday, February 13, 2011

Mormon abduction of Cruz children passes 15 year mark

by Sean Cruz

Portland, Oregon--

It was fifteen years ago, on February 12, 1996, that my four children vanished from Oregon, taken into concealment in a series of remote Mormon enclaves in theocratic Utah. They certainly take care of their own, those Mormon ideologues do. Mormon officials in three states were involved in planning, carrying out and maintaining the kidnapping.




No independent thought is permitted among Mormon children. My son Aaron had a strong independent streak in him, however, and they punished him for that, eventually wearing him down, taking away his hopes and dreams in that ratty Mormon town where he died in 2005, in Payson, Utah.

In 2005, I watched Oregon Governor Ted Kulongoski sign Senate Bill 1041 into law, named "Aaron's Law" after my son. With Aaron's Law, Oregon is the only state in the nation where child abduction creates a civil cause of action.





If Aaron's Law had been on the books in 1995, no abduction would have taken place, my family would have remained whole, healthy and happy like we were, and my son would still be alive today.

Friday, December 31, 2010

In the Garden of Intergenerational Love (for W)

By Sean Cruz

Portland, Oregon—

My grandparents lived at the edge of town, in a wood frame house in the Sacramento valley that they had surrounded with flower and vegetable gardens, trellises, grape vines and cactuses that thrived in the California sun, a chicken coop in the back, where the rooster roamed.

They had planted fruit trees, apricot, peach, plum, walnut, almond, fig and olive, long before I was born and they all easily bore my weight and that of my brother, our cousins and friends, significant chunks of childhood spent up in those trees or throwing figs at each other, racing around the house and barn or into the fields across the street. I never acquired a taste for figs, but they made superb missiles, much better than the other fruits and vegetables near at hand, and the seasonal fig fights began as soon as they were large enough to throw, still green on the tree.

My grandparents grew corn, grapes, tomatoes, peppers and chilies, cucumbers, squash, beans and peas, all destined for the kitchen table, where my grandmother made fresh tortillas every morning, where a pot of beans was always steaming on the stove, never so warm as the love she gave us children, memories of my grandmother and her red and white checked tablecloth….

My father also kept a vegetable garden in our backyard, where he spent many an hour working his stress into the earth, a facet I did not understand until later, after he was gone, and I had become an adult working in my own garden, the soil absorbing my own stress, clearing my mind, building a life for my own young family, tomato plant by tomato plant.

My father suffered a series of heart attacks, two of them while working in his garden amid the corn stalks and jalapenos. There were tears in his eyes when he told me that he would no longer be able to work out there, his heart going bad in those days before bypass surgery was available, the technology that would have saved his life not quite invented yet, and he was gone in 1975 at a youthful 52 years of age, far too soon.

My grandmother passed in 1980 at the age of 80, at least 50 of those years spent in that house, in that kitchen, in the gardens. After the house was sold, the new owners allowed the property to sink into neglect, and within a couple of years the entire garden was dead, most of the trees cut down, a tragedy, an affront, a paradise lost.

When I work in my own garden, I think of my father and my grandmother mostly. I think about the life they built for me, the foundations they laid, the garden paths they designed. I understand how valuable gardening time was to my father, and I know that I honor him when I work out there. I speak to my father in my garden.

In the eight years that I have lived here in this house, I have put hundreds of plants into the ground, all with thoughts of my parents, my grandparents and my children, all with reflections on the past, the present, the future. Plants, you see, are often not just plants….

I put fruit trees into the earth, cherry, peach and apricot, in part to connect me to those California gardens I grew up in, but the climate in Portland does not favor these varieties, and after having only one good crop, I’ve taken out the peach and apricot. I'll replace the cherries this spring.

I planted an olive tree a few years ago. It’s about eight feet tall now, and I’m going to learn how to cure the olives pretty soon.

I have a remnant of my grandmother's garden, an old concrete birdbath on a pedestal, a frog figure on top, that part broken decades ago, standing in an honored place under my olive tree, shaded, protected, priceless....

I’ve planted strawberries, blueberries, cactus, bamboo, sage, all the common garden vegetables, potatoes to tomatoes, and built a greenhouse from recycled glass doors and windows and assorted found objects, painted up in many bright colors, a couple of murals on the fence.

I like to think that after I am gone, the garden will endure, will live on, that someone will work it, knowing the linkage and the history, that the connection between this garden and my father’s garden and my grandmother’s garden will be unbroken, a legacy of fruit and vegetables and the earth to be sure, but most importantly a legacy of love, of intergenerational love, born in a grandmother’s heart, and shared on a red and white checkered tablecloth.

Before my four children disappeared in 1996 in a Mormon kidnapping, I used to work my garden with my children, like my father before me.

My grandparents names were Victor and Dominga Cruz; my parents names were John and Olive Cruz; my children’s names Natalia, Aaron, Tyler, Allie…. Honor to you, love always….

I tend a garden of intergenerational love. Sometimes it tastes like cucumbers, sometimes like snow peas, today it tastes like unfrozen strawberries, Oregon strawberries from the east side of the house….

It always tastes of love….

Monday, December 6, 2010

The last days of Aaron Cruz: Interlude 1: Quality Time

By Sean Cruz

Portland, Oregon—

Anyone with a large family would know how difficult it is to have quality time alone with each of your children separately, times when it is just the two of you and the time and experience together is genuinely “quality” time for everyone.

As a divorced single parent with two boys and two girls and an order for joint custody, time with my children was always at a premium, and how to satisfy each of their differing interests, wants and needs simultaneously always a balancing act as the months and years went by.

Aaron created a way for him and me to share some regular quality time together, and he made it happen on his own initiative during the year before he and my other children disappeared into Utah.

During the school year, the joint custody order stated that the children would reside with me immediately after school on Fridays and through the weekends at varying lengths.

Every Friday, after picking up my children, we would stop at a grocery store on the way home, so each of the kids could have input into what foods we would have for meals and snacks during our time together. The kids and I would negotiate our preferences as we walked through the store so that everyone left happy about something.

This is how grocery shopping became part of our quality time together as a family, except for my mom, who was housebound from her chronic illnesses. I was my mother’s sole caregiver in those days.

Aaron hungered for something more than food, however. He hungered for more time with me, just the two of us, and he developed a plan to carve that time out every Friday. I was skeptical at first, but he worked his plan to perfection.

He found out what each of his sisters and his brother wanted from the store, and he asked them for backups if their first choices weren’t available. Aaron put a lot of effort into his interviews with his siblings, because he wanted to eliminate each of their desires to go shopping with us, this week and every week.

These could be very complex arrangements, fascinating to listen to their negotiations, how they planned their snacks, with much bartering and swapping and sharing after the grocery run.

Under his system, Aaron and I would drop the other kids at home with my mother, where Natalia and Tyler would generally make a beeline for the video games and Allie would play with my mom’s dachshund Sox, and all of the kids together would provide love and companionship for their grandmother, and he and I would make our grocery run for my family, for our family. Everyone was content at the very same time.

Our last grocery run together was Saturday, February 10, 1996. Aaron, Natalia, Tyler and Allie disappeared two days later, on their way to the home of Mormon zealots Chris and Kory Wright in a remote area in the mountains east of Ogden, Utah, I would later learn. This was the first place that my children were concealed.

I think about Aaron every time I set foot in a grocery store, ever since those days we were together as a family.

I miss his companionship and how he would explain to me in exquisite detail what item was for which child as he placed things into our shopping cart.

I could enjoy this time with Aaron free of anxiety for the other kids and for my mom, because they were home together and they were all safe. I would hold off shopping for myself until Fridays, so I could go with Aaron. I also hungered for that time.

Aaron would distribute the snacks and treats to the other kids when we got back to the house, and there was never a disappointed word.

All was good under the sun, dependably good, every Friday afternoon, without fail. I still have the grocery receipts.

When I recovered Aaron from the abduction in 2003, he was too ill to go shopping, and then he was ordered to return to Utah for deployment to Iraq, and then he became more ill there in Payson, and then came his Last Days.

To this day, I never enter a grocery store without thinking of Aaron, without feeling his absence, without remembering that last day that my family was safe, together and at home.

And then the Mormons entered the picture, and with them an abduction and a program….

Thursday, December 2, 2010

The last days of Aaron Cruz, pt 4: A terrible feeling...a note to mom....

By Sean Cruz

Portland, Oregon—

I awoke that April morning with a terrible feeling, with a sense that something dreadful was taking place. I was worried about Aaron, who was living in his mother’s empty house in Payson, Utah. He hadn’t answered his cell phone in several days, which happened from time to time and always caused me worry, and I considered calling the Payson police department to ask them to do a welfare check on my son.

There was an unknown element of risk to Aaron in getting the Payson PD involved, however, as I had little confidence that they could check on a person in crisis and not make matters worse, one way or another. There was much history where they had gotten things wrong in the past, this small-town Mormon police department on the edge of the desert, a story for another day.

I decided to try to get help from the Veterans Administration instead of the police, and when I arrived at my desk in the Oregon Senate that morning, I called Jim Willis, Director of Oregon’s Department of Veteran Affairs and told him about my worries. Jim assured me that they could help, that they could contact the Utah VA, that the VA does welfare checks on veterans in all sorts of crisis circumstances and that they do so frequently.

I was far more comfortable with the notion that my son would get a surprise visit from soldiers than from armed Mormon police officers, the same ones who had targeted Aaron for arrest in the past, more stories for another day. Payson is a small town with an infamous, lurid history, scene of non-Mormon settlers massacred by Mormons, polygamous horror stories, child brides marrying middle-aged Mormon men in the shadow of a powerful church.

Aaron did not fit in here, nor did his circle of friends, all rebels against the Mormon order, rebels without plan or leadership and bereft of resources, the local throwaway kids, every single one, some dying young from suicide and/or drug overdose, all sharing the same bleak shrunken vision of their own potential.

The local police were notoriously hostile to these kids.

Like any other parent, I was in the habit of worrying about my children whenever they were out of my sight, which in this ninth year since their 1996 abduction meant that worry was my constant companion, present in every breath of air, in every pulse through my heart, but today the worry was very strong and it was difficult to concentrate on my work. We were deep into the 2005 legislative session, but my mind was in Utah.

My fears were confirmed the following morning, when I received a call from the Payson Police Department. A friend of Aaron’s had grown worried about him and broke into the house, where he found my son lying unconscious on the floor.

This officer speaking to me had answered the 911 call, had found Aaron comatose in his mother’s house and as we spoke my son was in an ambulance on its way to the emergency room.

The officer told me that Aaron was unresponsive. I understood what that meant. He said that Aaron had apparently been there alone for three days, had not answered the door or his phone, and one of his friends had broken in and called the police.

He told me that they were unable to locate my son’s mother, so they were calling me. He gave me the hospital’s phone number.

The first time I called the ER, Aaron was in the elevator on his way up to that floor, the nurse said, to ICU, and she asked me to call back in 15 minutes.

When we spoke again, Aaron was in ICU, hooked up to the machines, but remained unresponsive. She gave me no cause for optimism.

I was on a flight to Salt Lake City early the following morning, paid for with money I had to borrow from friends. I had spent out all of my savings, leveraged all of my resources keeping Aaron alive over the past two years, and was now down to living from paycheck to paycheck.

I spoke into my son’s ear when I arrived at his bedside in the intensive care unit, “Aaron, it’s your Dad. Your daddy’s here, son,” I told him again and again. I don’t know if there was enough life left in him to hear me, but I know that hearing is the last sense to go, and I spoke into his ear. “I’m here, son, your Dad’s here, I will not leave you….”

I stayed with him for the next five days, sleeping either in a chair in his room or on a couch down the hall. I didn’t check into a motel until after they pronounced my beautiful son dead. Although he was on life support and technically alive in ICU, his fingers were stiff and his flesh hard, and I held no illusions about how this nightmare would turn out.

Hospital personnel met with Aaron’s mother and I on April 25. Aaron’s heart was strong, but there was no brain activity and no hope, and we agreed to end life support. Aaron was an organ donor, so they would need him for a couple of more days while they figured out what parts they could use to give life to someone else.

I clipped a lock of hair from the back of his head then and said goodbye to my son.

I left the hospital to see the place where my son had died.

The house was on a residential street near the center of town. No one was there. I saw where the door had been broken, and I walked inside.

The house was smaller than I had expected, with just two bedrooms on the main floor. A third room in the basement had apparently been used as a bedroom by my sons, but it was not up to code, with no fire egress. The walls and ceiling down there were painted black. It would have been a horrible place to live as a child, as a teenager. It was like a dungeon, this place where my children had been forced to live. The toilet in the basement bathroom had turned completely black. I’ve never seen anything like it. It must have taken months to get like that.

The only furniture was a bed and a couch, just stuff his mother had abandoned when she eloped with her fifth husband and moved out to El Dorado Hills, California, leaving Aaron behind. Years later, I would learn that Ben and Gina Foulk own and operate a string of senior care homes there.

There wasn’t much food in the house, and little to suggest that it had been a home recently. Cardboard boxes were stacked here and there, car parts and tools, clothes.

Wherever Aaron’s body had been lying when he was found had been cleaned up. There were no prescription bottles anywhere. Aaron would have had dozens of empty RX bottles. He never threw them out. He was a chain smoker. All traces of smoking were gone, too. No alcohol present. I was sure that Aaron had run out of his anti-seizure meds, but his mother had gotten there ahead of me and tweaked the scene.

I found a note in there, however, two pages long, written in Aaron’s hand on a yellow pad, and it read:

“In my hour of need, NO your not there
and though I reached out for you
you wouldn’t lend a hand.

“Through my darkest hour, grace did not shine on me
it feels so cold, so very cold, No one cares for me!

“did you ever think that I get lonely, did you ever think that I needed love,
did you ever think to stop thinking you’re the only one that I’m thinking of.
You’ll never know how hard I tried to find a space to satisfy you too.

“Things will be better when I’m dead and gone.

“Don’t try to understand, knowing you, I’m probably wrong.

“But oh how I’ve lived my life for you, still you turned away.
Now as I die for you, my flesh still crawls as I breathe your name.

“All this time I thought I was wrong, now I know it was you.
Raise your head, raise your face, your eyes tell me who you think you are.

“I walk, I walk Alone into the promised land, there’s a better place for me,
but its far far away.

“Everlasting life for me in a perfect world, But I Gotta Die first!
So please God send me on my way!
Time has a way of taking time. Loneliness is not only felt by fools.

“Alone I call to ease the pain of yearning to be held by you.
Alone so Alone I’m lost consumed by the pain!
I begged, I begged won’t you hold me again? You just laughed
My whole life was work built on the past, the time has come when all things shall pass
This good thing passed away….

“Don’t remember where I was when I realized life was a game.
The more seriously I took things the harder the rules became.
I had no idea what it’d cost, my life past before my eyes.
I found out how little I accomplished all my plans denied.
So as you read this know my friends, I’d love to stay with you all
Please smile when you think of me, my body’s gone that’s all
If my heart were still alive, I know it would surely break.
And my memories left with you there’s nothing more to say.
Moving on is a simple thing, what it leaves behind is hard
You know the Dead feel no more pain,
And the living all are SCARRED!”


On a third page, Aaron wrote:

“I heard somebody fix today, there was no last goodbyes to say
His will to live ran out, I heard somebody turn to dust
Looking back at what I left, a list of plans and photographs
Songs that will never be sung these are the things I won’t get done
Just one shot to say goodbye, one last taste to mourn and cry
Scores and shoots
The lights go dim, just one shot to do him in.
He hangs his head and wonders why, why the monkey only lies
But pay the pauper, he did choose
He hung his head inside the noose

“Ive seen the man use the needle, seen the needle use the man
I’ve seen them crawl from the cradle to the coffin on their hands
They fight a war but its fatal, It’s so hard to understand
I’ve seen myself use the needle, seen the needle in my hand”

Aaron’s notes were undated and unaddressed. With all of the changes to the scene, it would have been impossible to tell whether he had committed suicide, suffered some kind of overdose, or died from complications related to his seizure disorder, or through some other chain of events. The toxicology report had indicated no illegal substances were in his system, but he had lain there alone comatose in his mother’s house for three days, time for some metabolization to take place.

Two days after the end of life support, Aaron’s mother told her story about the last time she had seen him alive, about how he was sick and feverish and she had left him alone with a sack of groceries in that deplorable, ugly house, with some Heavenly Father stories to keep him company. The following week, at his grave site, she spoke about how she didn’t think Aaron would live long enough to move to Hawaii, but reassured the gathering that she had made him aware that Heavenly Father loved him, and I am still reeling from these disclosures.

The medical examiner would be unable to determine a cause of death. His mother wanted no further inquiry, and she and her new deep-pocketed husband Ben Foulk hired a law firm to prevent my access to Aaron’s medical records.

Reading my son’s last writing is heartbreaking, and five and a half years have gone by since his death, time when I could not bring myself to write a word about this part of the story of my son’s last days.

Aaron and I were very much alike. These notes show that he had a talent for writing and a willingness to write about very personal issues, about pain itself, that he was unafraid to reveal himself in a world where many people live in closets.

His reference to scarring could have meant the physical scars on his arms, the self-inflicted knife wounds that he had carved into himself not long after he had been taken into concealment in Utah, but could also have referred to the emotional scars that he and his entire circle of friends shared, living their lives of rejection in that isolated Mormon enclave, or both. He could have become a writer.

Although his note was addressed to no one in particular, there are a lot of people who put Aaron in this place and kept him there. A well-understood principle of the consequences of a criminal act is that a person who commits that act is responsible for every harm subsequent to the original crime, which was the abduction of my four children and their forced immersion into Mormonism in Utah.

For that reason, I will name each of those persons known to have participated in the abduction, a continuing crime with permanent consequences. These names are all permanently attached to the cause of Aaron’s death:

Mormons with no relationship to my children by either blood or marriage: Chris and Kory Wright, Bishop David Holliday, Bishop Donald Taylor, and Relief Society President Evelyn Taylor.

Micheletti family members and relations: Gina and Ben Foulk, Tony and Connie Micheletti and Cindy Anderson, and former step dad #2 Steve Nielson, the man who slapped my children around in Payson, Utah.

Those that consider committing the crime of child abduction need to understand that the consequences of “taking, enticing, keeping or concealing” a child are permanent. If you join in the plan, you are responsible for all that follows, until the end of time.

If you plan to take a child from Oregon, Aaron’s Law is waiting for you now….

To be continued….

Thursday, November 18, 2010

The last days of Aaron Cruz, pt 3: Aaron's Law: A very personal piece of legislation

By Sean Cruz

Portland, Oregon--

We were standing near the top of the hill, where my son’s gravesite lay waiting, that sunny day in May, at a place called El Dorado Hills, California.

I had never seen this place before. It was a field of strangers. No friends or family relations were buried here, the cemetery itself no more than 12 years old. There were no connections here, no family traditions, no history here, he was alone here. It was his mother’s choice to bury him here, to park his body here alone. My son was about to be parked here in this place.

I listened dumbfounded as my son’s mother continued her tearless matter-of-fact story, speaking about Aaron, about how he was sick back there in Payson, Utah, seriously ill; about how she had hoped he would agree to move to Hawaii and live with his sister, that maybe living in Hawaii would be good for his health; “But,” she said, “I didn’t think he was going to make it.”

She didn’t think he was going to make it? Did she just say that she didn’t think he would live? Yes! I was stunned and sickened. Again. Only a few days earlier, she had described the last time she had seen Aaron alive, about how he was sick and feverish and how she had left him alone with a sack of groceries and some Heavenly Father stories so she could join her new Mormon husband—the fifth time is the charm they say—who was waiting impatiently across town to get back to his dental practice in—El Dorado Hills!

So they had left Aaron alone, sick and feverish, that part was clear, and we were here in El Dorado Hills because it was convenient, because it was a good place to park, but most of all we were here because Aaron had died from lack of medical care….

My son’s mother plainfaced told the gathering on this grassy knoll that she did not think Aaron would live to board a flight to Hawaii, he was acutely ill, he was desperately ill. She thought he might die before he got out of Payson, Utah, where she had left him behind, and she was telling us all about it.

“I didn’t think he was going to make it”, she said, and what was not said was that she had made no effort at all to get my son medical care, not in Utah where she had left him behind, and not in El Dorado Hills, where she was busy with her new life now, in El Dorado Hills where there was no room for Aaron, not while he was alive, just this patch of hillside….

Aaron had needed hospitalization, urgently, and this was no secret, he had been ill for years, suffering there isolated in that rat hole in the Mormon desert, where they had drained the life out of him rather than let him be happy and free to be with me, to be himself, that’s the real Mormon way….

“I didn’t think he was going to make it”, she said, and then she assured us all that she had seen that Aaron knew all about Heavenly Father before he died, she had done her job you see, shedding no tears, she was devout, and that’s what counts….

Gina had told me that her new white-haired husband number five Ben Foulk had a dental practice but that he was mostly retired, that he had sung with the Mormon Tabernacle Choir, which must have made him a real catch in Mormon country I suppose, and that his ex-wife was putting a lot of pressure on his wallet, and this was the general impression I had at the time, which turned out to be only a partly true story….

I was angry with her, could not understand why her husband had taken no interest in his new wife’s son, in obvious critical need of medical care, didn’t this man have a medical degree?

She did not want to get her new husband upset over Aaron, she told me, speak-his-own-mind unMormon non-Mormon Aaron. She had told me in the hospital that Ben Foulk wouldn’t have understood Aaron, would have been impatient with his drug history and she did not want to upset the great man, former singer in the Mormon Tabernacle Choir….

This explained why Aaron had received no invitation to travel to El Dorado Hills.

Years later, a couple of years ago, I learned about the string of senior care centers that Ben and Gina Foulk own and operate, offering skilled medical care to those in their tender years….

El Dorado Hills Senior Care Village

Oak Haven Senior Care Village

Oak Creek Senior Care

Oak Grove Senior Care

Oak Hill Senior Care

Oak Ridge Senior Care

"Located in beautiful El Dorado Hills, California"

  • 24-Hour Responsive, Compassionate Care
  • Fresh Healthy Home Cooked Meals
  • Private Rooms with Private Bathrooms
  • Enjoyable Social and Recreational Activities
  • Music, Arts, Crafts,  and Games
  • Assistance with Bathing, & Personal Hygiene
  • Medication Management & Assistance
  • Manicured Landscaping with Paved Walkways
  • Scheduled Transportation to Appointments
  • Personal Housekeeping and Laundry Services
  • On-Site Salon Services

“Please take time to visit us and see for yourself why El Dorado Hills Senior Care Villageis considered one of the best resident care facilities for the elderly in the El Dorado Hills area,” so the brochure reads….

She had hoped that someone else would take care of Aaron, someone besides herself, had hoped he would just get on that plane to Hawaii and be his sister’s problem. That’s the way she was, our children having spent their entire lives making the world happy for their mother, no relief from that burden once they were taken into concealment in Utah, not then, not since, not now. They are locked into the Mormon world, keeping the world safe for Mom, fighting against evil non-Mormons….

Aaron Cruz suffered a seizure and died in Payson Utah after having run out of his prescription meds, his anti-seizure meds, alone in his mother’s left-behind empty house. He had also probably been unable to get to the methadone clinic a dozen miles away in Orem, adding to his suffering. His mother grabbed all of Aaron’s medical records, where they remain concealed behind a wall of Foulk lawyers.

I was back at my desk in the Oregon Senate Monday morning following the burial, where I led the workgroup on Senator Gordly’s landmark child abduction bill, SB 1041.

Senate Bill 1041 had its first hearing in the Senate Judiciary Committee on May 25, National Missing Children’s Day, where I testified on the abduction of my children and the death of my son.

Senate Bill 1041, creating a new path to prevent and resolve child abductions through a civil process outside of both the family law and criminal law systems that routinely fail to protect children from non-stranger abductions, would require ten major rewrites and would benefit from the near-record length of the 2005 legislative session, would need every hour of that time. No other state in the US has a law like this….

On August 1, 2005, the Oregon Senate passed SB 1041 on a 26-3 vote, the same day that I received the Utah Medical Examiner’s report on Aaron’s death, from “undetermined” causes. It was waiting in the mail for me when I got home that night. The report identified my son as “white.” That would need correction.

Passing the Senate was an important step but we were only just arriving at the legislative halfway point, and it had taken months to get here. SB 1041 would yet have to get through the entire House process, and the end of the 2005 session could come at any time. We were entering the session’s final week. There were only a handful of bills still alive in the building, and I held no realistic hope that the bill would see the House floor this biennium.

The following evening, however, as Senator Gordly and I prepared to leave the building, we received a call from staff that the House State and Federal Affairs Committee would hear SB 1041 in just 15 minutes. Another two minutes and we would have missed the call and the hearing. We put our briefcases down and walked across the Capitol building to testify.

Representative Linda Flores, a member of the HSFA Committee, took a particular interest in the bill as the hearing unfolded, disclosing that her grandchild had disappeared into Mexico in a parental abduction and had been missing for a year. Her support was crucial, and the bill was voted out of Committee with a “do pass” recommendation.

After the hearing, we first started referring to SB 1041 as Aaron’s Law. It was a very personal piece of legislation. But the session was coming to an end and time had run out….

The next morning, on August 3, in a stunning surprise, Senator Gordly and I arrived at the Capitol to learn that SB 1041 was scheduled for the House floor. Carried by Representative Flores, the Oregon House passed SB 1041, now called “Aaron’s Law”, named for my son Aaron Cruz, on a dramatic unanimous end-of session vote, 59-0 with one member absent.

I stood in the side aisle and received the congratulations of many of the House members. It was a good day for justice, for children at risk of parental and family abduction, although the legislation did not cover children who had already been kidnapped, like my own.

The legislature adjourned the following day.

To be continued….

=======================

Sean Cruz led the workgroup on Oregon’s landmark anti-kidnapping statute Senate Bill 1041 “Aaron’s Law”, named for his late son Aaron Cruz.

The provisions of the bill resulted in large part from the multiple failures of both the family law and criminal law systems in the wake of the abduction of his four children.

With Aaron’s Law, Oregon is the only state in the nation where abducting a child creates a civil cause of action.

Under Aaron’s Law, any victim can hold his or her abductor(s) accountable in civil court, including those who provided logistical, financial or planning support to the abduction or who otherwise participated materially in the crime, “enticing, taking or keeping” a child in violation of felony Custodial Interference I.

The civil process requires proof “by a preponderance of the evidence” instead of the much stricter “beyond a reasonable doubt” requirement for conviction in criminal court.

Local law enforcement agencies rarely invest the time and resources required to reach the higher evidentiary standard in parental and family abduction cases, and there the investigations usually end, opening the door for the kidnappings to take place, for the actors to escape justice.

This fact applies in every state in the US, where each year more than 12,000 parental and family abductions lasting longer than six months take place, with lifelong consequences for all of the victims.

The system itself enables the abductions.

Aaron’s Law anticipates that defendants will lawyer up and that their lawyers will use every legal means to protect their clients, to buy time, to keep justice at bay for as long as the system permits, which is indefinitely, as the Kyron Hormankidnapping currently getting some national attention demonstrates fairly conclusively.

I had to fight against a dozen lawyers in three states, mostly representing myself, year after year, losing every time, as the lawyers won delay after delay, buying long stretches of time for my children’s abductors, despite an Order for Joint Custody that had been in effect for five years at the time my children vanished.

Aaron’s Law provides for the appointment of mental health and legal professionals to protect the abducted child and authorizes the judge to assign the costs to the party or parties who are the cause of the problem.

Aaron’s Law takes the additional step of authorizing the judge to order the parties into counseling sessions directed at educating the parties to the harm that their conduct is causing the children, at their own expense.

These provisions are designed to address the real-life consequences of parental and family abductions and to deter the parties from carrying out the kidnapping in the first place.

Had Aaron’s Law been on the books in 1995, the Cruz family abduction would not have taken place and Aaron would be alive today. The Mormon non-family members, the Mormon Bishops and other officials who participated in the abduction would not have risked the consequences of Aaron’s Law.

Chris and Kory Wright, Bishop David Holliday, Bishop Donald Taylor and Relief Society President Evelyn Taylor would have all been subject to Aaron’s Law, all ordered financially liable for the damages, all subjected to the public humiliation of counseling directed at educating them to the harm their Mormon absolutism was causing my children and my family.

Aaron’s Law would have been a significant deterrent.

Once the Cruz kidnapping had begun, however, there was no way for them to end it without consequence, and my children’s conversion to Mormonism became their most important line of defense. I would never see my children again except under circumstances under Mormon control. They would never leave Utah except under Mormon supervision.

Aaron was too independent-minded to buy into their force-fed Mormonism, too much like his father, and they made him pay for that in Utah, where his despair became so complete that he began slicing up his arms with a knife at the age of fifteen.

Sean hopes to see the provisions of Aaron’s Law applied nationwide, that it might help reduce the number of parental and family abductions from its rate of more than 200,000 child victims a year to zero. More than 12,000 of those abductions last longer than six months, with lifelong consequences for all of the victims.

He also believes that Aaron’s Law provides the legal means for victims of child sex trafficking to hold their pimps and other abusers financially accountable for their crimes, having violated the Custodial Interference I statute.

No information about Senate Bill 1041 currently appears on the Oregon State Police Missing Children Clearinghouse website, five years after its passage.

There is much work yet to be done on this issue.

Saturday, November 13, 2010

Oregon's Museum of Missing Children and the child sex trade

By Sean Cruz

Portland, Oregon--

You are probably not aware that the Oregon State Police maintains a Museum of Missing Children.

Created in 1989, it maintains such a low profile that I did not learn it existed until the summer of 2004, eight long years after my four children had disappeared from Oregon, on their way to concealment in a series of remote Mormon enclaves in Utah.

I discovered the OSP Missing Children Clearinghouse website while preparing my testimony for the Senate Interim Task Force on Parental and Family Abductions, which held four meetings that year.

It was a shocking discovery, my first clue to the fact that no Oregon law enforcement agency maintains a list of missing or abducted children, not then and not now (see “Abducted child vs stolen car: A problem of priorities” for further discussion).

One would think that the OSP Missing Children Clearinghouse would have such a list, collected from and shared with local law enforcement agencies throughout the state, but that is far from the case.

The site contains a scant 41 names. Some have been missing for decades. The only name added in the past three years is Kyron Horman, last seen in the company of his stepmom, Terri Horman, in June.

Yet Portland has been making the national news recently for its prominence in the child sex trade trafficking business.

In September, Sharyn Alfonsi reported on ABC World News:

“Though Portland, Oregon is considered one of the most livable cities in the U.S., it also has a reputation as the national hub for child sex trafficking.

“In today's Conversation, ABC's Diane Sawyer and Sharyn Alfonsi talked about Alfonsi's trip to Portland and why middle-class children are getting recruited in a city with the largest legal commercial sex trade (per capita) in the U.S.

“Alfonsi visited the 82nd Avenue strip, also known as "The Track," where there are more than 100 massage parlors and strip clubs. She interviewed child victims their parents and even the pimps.”

These reports are clearly at odds with the OSP list. It is not known what set of circumstances would cause a missing or abducted child’s name to appear on the OSP website, but it would begin with a report from local law enforcement.

Most of the photographs of the 41 missing children on the OSP website appear to be school pictures, and there is a nostalgic sense of looking at old yearbooks, at moments frozen in time, as one gazes at these faces, all but one, Kyron Horman, completely forgotten by all but the once-child’s surviving family members.

There is no cold case squad for missing or abducted children; for most, there isn’t even a warm case squad. If they are still alive, most of these faces belong to adults now, and one can be sure that law enforcement isn’t looking for children-now-adults.

These are photos for a museum, with little effective purpose other than to underscore the fact that abductions are forever, that these are continuing crimes, crimes without end, regardless of the ages of the victims.

To be sure, the OSP Missing Children’s Clearinghouse suffers from inadequate funding, a condition made permanent by the voters themselves when they amended the Constitution in the 1980’s to shift funding from the State Highway Fund to the General Fund, and then made a habit of continually underfunding the agency, biennium after biennium.

Efforts to recover Oregon’s missing and abducted children and to make a dent in the child sex trade that is currently flourishing here are surely hampered by the failure to prioritize the children, a fault shared by state and local law enforcement agencies and by successive legislatures.

The most recent OSP Annual Performance Progress Report posted on the agency website makes no mention of missing children, nor does its proposed Key Performance Measures for the 2009-2011 biennium.

The OSP and the Department of Justice assured the Task Force on Parental and Family Abductions in 2004 that they would implement a rule requiring that all Oregon local law enforcement agencies report all cases of missing or abducted children to the OSP Missing Children’s Clearinghouse, because they were not doing so on their own.

They never implemented the rule, making this a good time to remind the Oregon legislature and law enforcement agencies around the state, as they plan for the coming 2011 budgeting bloodbath, of the mission of the Oregon State Police Missing Children’s Clearinghouse:

“The mission of the Missing Children Clearinghouse is to receive and distribute information on missing children to local law enforcement agencies, school districts, state and federal agencies, and the public.  In 1989,the Oregon legislature mandated that OSP establish and maintain a missing children clearinghouse.

“The goal of the Missing Children Clearinghouse is to streamline the system, serving child victims and their families by providing assistance to law enforcement agencies and the public.”

Lest they continue to be forgotten, the names of Oregon’s 41 missing children:

The earliest name on the list is Brian page, missing since 1975

Christi Farni and Edward Nye comprise the Class of 1978

Jerry Johnson has been missing since 1982.

Joan Hall vanished in 1983

William Gunn disappeared in 1984

Jeremy Bright and Duane Fochtman have been missing since 1986

Walter Ackerson, Kacey Perry and Rachanda Pickle, Class of 1990

Thomas Gibson made the list in 1991

Ashlyn Wilson vanished in 1995

Annalycia Cruz was an infant weighing 14 pounds when she disappeared in 1996

Aryssa Torabi and Derrick Engebretson, Class of 1998

Five children disappeared in 2001: Shausha Henson, Yuliana Escudero, Kami Vollendroff, Eugene Hyatt and Shaina Kirkpatrick

Carlos Cortez-Leon vanished in 2002

Five more children disappeared in 2004: Karla Coronado, Miriam Cruz-Torres, Schnee Bedford, and siblings Takoda and Tiana Weed

Narcisa Bernadino has been missing since 2005

Five children made the list in 2006: Samuel Boehlke, Nieves Izquierdo-Olea, Esmerelda Salazar-Penaloza, Luis Adrian-Olea, and Yeni Fuentes-Garcia

Seven children vanished in 2007: Jesus Marina-Mendoza, Keely Gigoux, Maria Hidalgo, sisters Savanah and Sierra Ontiveros, Jamie Wiedeman and Jacob Thorpe

According to the OSP Missing Children’s Clearinghouse, no Oregon children were reported missing in 2008, 2009 or 2010, until Kyron Horman was abducted in June 2010.

Tell that to Diane Sawyer and Sharyn Alfonsi….


===========

Sean Cruz led the workgroup on Oregon’s landmark anti-kidnapping statute Senate Bill 1041 “Aaron’s Law”, named for his late son Aaron Cruz. The provisions of the bill resulted in large part from the multiple failures of both the family law and criminal law systems in the wake of the abduction of his four children.

The bill was sponsored by Senator Avel Gordly and passed on a dramatic end-of-session unanimous House vote in 2005.

With Aaron’s Law, Oregon is the only state in the nation where abducting a child creates a civil cause of action.

Under Aaron’s Law, any victim can hold his or her abductor(s) financially accountable in civil court, including those who provided logistical, financial or planning support to the abductor(s) or who otherwise participated materially in the crime.

Sean hopes to see the provisions of Aaron’s Law applied nationwide and reduce the number of parental and family abductions from its rate of more than 200,000 child victims a year to zero.

He also believes that Aaron’s Law provides the legal means for victims of child sex trafficking to hold their pimps and other abusers financially accountable for their crimes, having violated the Custodial Interference I statute.

No information about Senate Bill 1041 appears on the OSP website.

Thursday, November 4, 2010

Abducted child vs stolen car: A problem of priorities

By Sean Cruz

Portland, Oregon—

“Guns drawn, everyone out and down on the ground!”

That’s how the officer described what would happen if the police encountered whoever was driving my freshly-stolen car, just last week.

He wanted me to know this because, although finding the car myself would be extremely unlikely, it does happen, and if I did happen to find it, I should report that fact before driving it anywhere, because I could also find myself facing an abrupt out-of-the-car-and-down-on-the-ground-at-gunpoint situation, and however unlikely that might be, it would be good advice to keep in mind.

Less than two hours after I had reported it stolen, information about my recently-departed red Subaru was already in the Law Enforcement Database and police agencies had been alerted from the Canadian border down to Mexico, and from the Oregon coast eastward to the Mississippi River.

As I listened to the officer, I reflected back nearly fifteen years ago, when I had reported the disappearance of my four children to local law enforcement, taken in what I would learn was a Mormon abduction as much as it was a parental and family abduction, and how differently law enforcement handled the case.

The bottom-line point I want to make here is that while Oregon law enforcement agencies maintain and share lists of stolen vehicles, there is no comparable list of abducted children anywhere throughout the state.

This dichotomy exposes one of the major gaps that abducted children fall through, particularly if the suspected kidnapper is a parent or family member.

The structural problem lies in the fact that local law enforcement agencies handle each case of abducted or missing children in their own way, with little or no sharing of information with other agencies or with the Oregon State Police Missing Children’s Clearinghouse.

The OSP Missing Children’s Clearinghouse has added only one new name to its short list in the past three years.

The Senate Interim Task Force on Parental and Family Abductions became aware of the problem in 2004 and considered legislation to correct it, but was dissuaded as reported to the Senate President:

“The Task Force considered legislation that would have required that all local law enforcement agencies report missing children to the Oregon State Police Missing Children’s Clearinghouse.

“However, after the State Police and the Department of Justice met and discussed the issue, they determined that the State Police could obtain this information by an administrative process that will automatically notify the Missing Children’s Clearinghouse of all reports of missing children made by state, county and local law enforcement agencies. Consequently, the Task Force decided that this legislation is not needed.” –Final Report, Senate Interim Task Force on Parental and Family Abductions, 2004.

It is important to understand what is being stated here:

1. The Task Force wanted to require that all Oregon local law enforcement agencies report all cases of missing or abducted children to the OSP Missing Children’s Clearinghouse, because they were not doing so on their own.

2. The OSP stated that they could get the information from local law enforcement by administrative rule, convincing the Task Force not to press legislation.

3. The OSP never implemented the rule, which would have created a list of all cases of abducted or missing children reported in Oregon.

The Task Force determined that Oregon has its per capita share of the more than 200,000 cases of parental and family abductions that take place in the USA each year, yet the Oregon State Police has added only one name, that of Kyron Horman, to its Missing Children’s Clearinghouse list in the past three years.

A few months ago, a father from southern Oregon whose 3-year-old daughter went missing with the child’s mother in July contacted me. Local law enforcement had told him that his missing child did not “meet the criteria” for any actual action by law enforcement, including adding his missing child to the State Police list of missing Oregon children, or notifying law enforcement in other jurisdictions of the missing child…and yet there was a child missing….

The phrase “does not meet the criteria” struck me when I took the call, because I was already planning to write about the subject, which came up during a press conference on the Kyron Horman abduction on July 23, when Sheriff Dan Staton
responded to a series of questions, including this one:

Q: How many other children are considered missing/endangered in Multnomah County at this time, aside from Kyron? 


There are no other cases that meet this criteria,” he said.

“This criteria” may have included the fact that one of Kyron’s close family members is a police detective, giving the family instant credibility with law enforcement.

Coupled with the fact that Kyron’s disappearance was originally thought to be a stranger abduction (since no one else was missing), the family’s call to 911 quickly led to the largest search for a missing child in the history of the state.

The OSP could hardly ignore that.

The Oregon State Police Missing Children Clearinghouse maintains a list of abducted or otherwise missing children, which stands currently at 41 children.

More than half of these children have been missing for decades, and the only child that has “met the criteria” to make the OSP list in the past three years is Kyron Horman….

The US Department of Justice has reported no decrease in the number of abducted children, tallied at more than 200,000 annually for more than a dozen years, signaling that not enough is being done to address the problem.

People abduct their own children or other family members in large part because they are likely to get away with it, to suffer no consequences for their part in the crime, partially explaining why the number is so high.

The failure of law enforcement to utilize the same technological resources that enable them to instantly notify agencies across every jurisdictional level or locale about my stolen Subaru, to reach the same agencies with reports of abducted or missing children is difficult enough to understand.

The Task Force report documents the fact that OSP and the Department of Justice became aware of both the problem and the solution through the course of the Task Force’s work, and yet have done nothing to correct it.

We all live complicated lives. Imagine for a moment how complicated your life would be if your child was abducted, and you found out that your child’s’ name wasn’t on the list, because there was no list.

It is not a question of knowledge or awareness; the Task Force report and the OSP’s addition of just a single name in the past three years indicates that this is a problem of policy, a problem of priorities, a matter of choosing to value stolen property over stolen lives.

--Sean Cruz, November 2010