Kaufman CPS Court- One Experience

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I haven’t contributed to the blog discussion on the West Texas Polygamy raids because I know very little that is not on CNN. However, I have dealt with CPS in Kaufman County and in East Texas. It’s that experience I’d like to share.
I am not sure if this experience is reflective of all CPS cases in Kaufman. However, I was taken aback by the process.

A little background. I had a contested hearing on a removal by Kaufman CPS. CPS came in, stole the child, and wanted my client to sign off on the removal without a contested hearing. Right.

For starters the CPS attorney referred to me as a National Socialist German Workers Party member in front of the judge, who didn’t flinch. I’ve been in some pretty heated hearing but I’ve never had a lawyer, in front a judge, call me a Nazi.

My “Nazi” actions were to have a contested hearing challenging a CPS removal and then actually filing discovery (which was disallowed). I couldn’t believe that CPS could take children from their parents and the parents could be denied the ability to learn anything about the removal through discovery. If Visa wanted to sue you for a past due balalnce, you could file discovery and learn about the case, if CPS wants to steal your children in Kaufman county, not so much.

The hearing featured a constant running dialogue/objection from the CPS attorney. I have never had opposing counsel simply talk the entire time during my questioning. It was surreal.

Kaufman CPS started with a conclusion (the parents are bad and must be rehabilitated) and then ignored all evidence to the contrary. If parents want their children back they must enter “the program” of CPS supervision and classes.

I will not be surprised if the polygamy raids fall apart for lack of evidence. I expect CPS and law enforcement to hold these children hostage until the parents “cooperate” to get their children back. There are serious problems with child abuse in Texas. However, our government needs to be held accountable for taking children away from parents.

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Posted in: Kaufman County Criminal Defense Lawyer
Updated:

12 responses to “Kaufman CPS Court- One Experience”

  1. Don Foard says:
    April 19, 2008 at 6:15 pm

    Bradley and the other Williamson County prosecutors who post on that site can bring hours of entertainment if you like reading the drivel of statist idiots. They are worth ignoring, but given his accusation of the other writer being afraid to reveal his identity, I think I’ll go back on that stupid site and back him up. Complete with name, address, phone #, email, etc.

  2. Jerri Lynn Ward says:
    April 20, 2008 at 4:21 pm

    I am very happy to find a fellow Texas attorney who uses the word “Statist”, links to Lew Rockwell and who sees CPS for what it is. The FLDS case is keeping me up at night it is so appalling.

    I am not a criminal attorney, so I have been wondering something about the search warrant. What is does the case law say about issuing a search warrant on something as flimsy as an anonymous telephone call?

  3. Robert Guest says:
    April 20, 2008 at 4:38 pm

    Jerri,
    Thanks for reading. There is much I am not clear about in the YFZ case.

    If this was a CPS investigation then they can go in and investigate under a different standard than a criminal search warrant.

    I’m not sure what this botched raid was supposed to be.

    RG

  4. Jerri Lynn Ward says:
    April 20, 2008 at 4:56 pm

    Robert,
    My understanding is that they initially went in under a criminal search warrant due to the fake phone call. Then, they obtained emergency orders for removal based on affidavits from the Texas Rangers and CPS that there were married, pregnant underage girls at the ranch. However, the only evidence that was put before the court was that only girls 16 and above were married and pregnant–not underage girls.

    Of course, as you point out, the removal of the children cannot be challenged because of an unlawful search warrant. However, as you may know, AG Abbott threatened the women with arrest for polygamy in retaliation for the women giving interviews. This is why I am wondering about the initial search warrant.

  5. Dennis says:
    April 25, 2008 at 8:51 pm

    This whole problem shows the arrogance of law enforcement and CPS. What happened to civil liberties in this country? It seems to me if law enfrocement wnats to get you they will and can without regard for our rights and even the law. A sad situation for all.
    Dennis

  6. Dennis says:
    April 25, 2008 at 8:52 pm

    This whole problem shows the arrogance of law enforcement and CPS. What happened to civil liberties in this country? It seems to me if law enfrocement wants to get you they will and can without regard for our rights and even the law. A sad situation for all.
    Dennis

  7. Keith Lewis says:
    August 25, 2008 at 5:06 pm

    The type of behavior found in the Kaufman CPS case is certainly not isolated. Ellis County CPS recently was successful in taking away 3 children from the maternal grandparents with simply a “feeling” that something was not right. They completely ignored their own rules found in the Family Code as well as completely stomped on 4th and 14th ammedment rights of the family. The lack of integrity and professionalism exibited by the CPS people and the Assistant District Attorney put me in the mind of what it must be like to live in Russia.

  8. Bill Wegener says:
    August 12, 2009 at 12:49 am

    I too, have witnessed first- hand the one-sided good ol’boy network of child stealing club members claiming to be the “protectors of children’s rights” in Kaufman, Texas, all of this “righteousness” done under the watchful eye of Judge Howard Tygret and Linda Dugan.
    I have on numerous occasions accompanied my friend Todd Tomasella to court only to witness the travesty of justice as it unfolded in our American court system and have first hand witnessed the blatant disregard for Todd’s rights as a father and a Christian. It is my opinion, that this court completely disregarded Todd’s rights in CPS court in Kaufman. It is my further opinion that this CPS court NEVER from the very beginning had any intention on seeking justice or equality under the law. From the very beginning Todd was put on the defense and had to continually prove himself guiltless from a den of self seeking, manipulative, which hunters on a quest to find any meager scrap of evidence. They without any proof of abuse required Todd to take physiological testing always with the intent to find some misdeed, so that they could drag that info into court to prove his lack of parenting skills. If I had not personally witnessed the extent of prejudiced conduct, I would not have believed it.
    After a year of CPS court room appearances the only so called evidence against my friend was that he made his child read the bible, made him pray and that he hugged his child too much. In addition, they further revealed that Todd doesn’t agree biblically with mother Theresa. CPS and the court argued about that for an hour trying to prove that there must be something wrong with Todd to not fully agree with the saint of all saints. I thought I lived in America.
    It is this man’s opinion that Judge Tygret and Linda Dugan and several others all represented by CPS mishandled this case, never sought the truth and only had their own pre-settled notions of justice in mind. As a Christian man, I believe God knows the truth and justice will one day be served. As of this date, justice has escaped one little boy and his father as they were manipulated, cheated, stolen from, lied to, degraded and trampled on by the so called justice system of Kaufman County. The hypocrisy of Kaufman’s court system is to say the least astounding.

  9. Bradley says:
    October 14, 2009 at 11:59 pm

    EDITED BY ROBERT GUEST- OPINION IS WELCOME, BUT ANONYMOUS SLANDER IS NOT.

  10. slk says:
    October 20, 2009 at 2:41 pm

    Howie needs to be un-seated for what he is doing to people in Kaufman. His courtroom has become a killing field with his cronies Eric Williams, cps, and Linda Duggan. These people are totally corrupt. Stay clear of them whatever you do.

  11. WR says:
    January 20, 2010 at 3:09 pm

    Shiela, you are correct. Please, please, please, Kaufman Co. residents go vote Howard Tygrett out on Mar. 2!!!!!

    Go see what he is doing. There is like a dozen parents and their testimonials on this site.

    http://www.Kaufman-TX.com

  12. Barbara says:
    March 8, 2010 at 11:40 pm

    Kathy Sayles and Sandra Harwood of Kaufman CPS are Gustapo-like idiots and that’s putting it nicely. There is no rhyme or reason to their stupidity! What a disgrace to Kaufman County!

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