1.9.09

Help MOMS Protect Suzanne Dewalt

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Note: Cross posted from [wp angelfury] A Human Rights Issue-Custodial Justice.

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SAN ANTONIO LIGHTNING EXCLUSIVE

Mom: 'My Son's
Dad Raped Him!'
Desperate New Braunfels Mom Says She Fled Us For Mexico
To 'Protect Son' From Father
COPYRIGHT 2005 - SAN ANTONIO LIGHTNING NEWSPAPER

Suzanne DeWalt In Her Own Words - As Conveyed To The Lightning - PART 1

(Editor's note: What follows is a letter written by accused kidnapper Suzanne DeWalt.DeWalt fled with her son on October 25, 2002. A felony warrant was issued for her on October 26,2002. She lived under an assumed name in Mexico, with her son (pictured in the recent photo above) until her arrest and return to New Braunfels on September 9th of this year. She is currently jailed in Comal County. This letter was written shortly after her flight began. It was recently forwarded to the Lightning. It is part 1 of an in depth series.)

Due To Subject Matter Severe Discretion Is Advised

* * *

I am writing this letter to you as a fugitive from the law, but the circumstances that brought me to this point are both unbelievable and outrageous.

I need help to overcome a grave injustice that has affected many people. All of the facts that I (provide) below are verifiable by checking the court documents or talking to the FBI agent.

My name is Suzanne DeWalt, and on October 25, 2002 I took my five-year-old son and fled the court's jurisdiction in order to go into hiding, where I remain to this day. Due to a total denial of justice and an out-of-control judge, an uninformed jury voted that I was to give my child to his father, the man who brutally raped him months before.

In May of 2001, my (then) three-year-old son left to go on a visitation with his father to Virginia for nine days. Mike and I had been divorced for about two years. The history of visitation had not been good.

When his father did see him -- which was infrequently and usually at my urging - Jeremy, my son, came home many times upset and exhibiting signs such as bedwetting, anger, and a general fear of men. People around me told me that this was normal for a young child when separated from his mother to go with someone he didn't know very well. Because he was in the navy, Mike had been deployed and unable to spend much time with Jeremy since his birth.

And then after the divorce, he showed little interest in being a father to him.

Usually, when Jeremy was with his father, I tried to talk to him on the phone once a day, but my phone calls were generally blocked. But on this trip, I was unable to reach anyone for the entire nine days. I was panicked because I didn't even know if they had made it to their destination safely. On the 7th day, I called Mike's boss and asked if he knew where they were. He informed me that Mike had not told me the truth, that they hadn't gone to Virginia, but instead to Disneyland Florida, to attend his brother's wedding.

I was to meet them at the airport upon their arrival-- June 6th -- but the night before, I received a phone call from Mike asking if he could keep Jeremy for 2 or 3 more days. I was upset at his deceit, and just wanted to see Jeremy and make sure he was okay, so I kept my plans of meeting them at the airport in order to take Jeremy home. I received several messages from Mike talking about delayed and canceled flights, but still waited all day at the airport. I later determined-- with flight records-- that he was not telling the truth about the delayed flights. I believe that he was purposely trying to avoid my seeing Jeremy.

When they arrived, I was shocked at the condition of Jeremy. He ran to me, and when I picked him up, he hugged me tightly, making strange animal-like sounds. He could barely speak, even though he had always been advanced in his speech. I asked Mike what was wrong and why he had lied to me about their whereabouts, and he denied ever being in Florida. Finally, after I told him that I had talked to his boss and knew the truth, he admitted it and said that He didn't want me bothering him while he was with his son. (All of this is on videotape.)

Jeremy was not the same child that he was when he left. He's always been a bright kid with exceptional vocal skills, but now I had a fearful child who could barely talk. When a person would enter the room, he would quickly crawl under a table or behind a sofa. He constantly talked about a secret that he could not tell or I would die. Or he would go to jail. He had a painful-looking red rash all over his bottom and an infected penis. His bowels were backed up to the point that his stomach was in constant pain. He suddenly had daily headaches-- and in fact, they were so persistent that a doctor at Brooks Army Medical Center did a brain scan. He was mean to his grandmother, who was with me when I dropped him off for his trip-- and told her things like I'm gonna rip you up.

He was yelling at people not to look at him or touch him. I could not even hug him because he said that it hurt. He could not eat or brush his teeth without gagging. He had been potty-trained for one year, but was suddenly going to the bathroom in strange places. Once in a trashcan at McDonalds, another time in a cardboard box, and yet another in the hand of his six-year-old niece. Twice, he went to the bathroom in his pants. He woke up several times a night with night terrors. I have a videotape of this, as well as his inability to speak. When He saw his nine-year-old cousin, he tackled him and began rubbing his genitals all over him. He did the same with his cat. He begged me to touch his penis and tickle it. He would not tell me what was wrong because he was too afraid. Basically, he had gone from a bright, well-adjusted kid to an angry, anti-social boy who was terrified of people. Later, a psychologist would prescribe Prozac because he was having "detachments," and was depressed to the point of being suicidal.

He was four-years-old.

The day after I picked him up from the airport, I arranged a meeting with a child therapist to see if she could get to the bottom of things. He immediately hid in a closet when he heard her voice, but eventually, he came out and talked with her. I was not in the room. He told her that he had a secret about his trip, but he could not tell her. She reported that he was playing with legos, and that he was playing very violently, and that there were three bad kings who were going to kill her. She noted his severe stutter. She found it noteworthy that when she asked him how his trip was, he responded in fear, saying, " No one hurt me."

She hadn't asked him if he'd been hurt, only how his trip was. In the end, he told her that he would only tell me what happened on the trip. There is a copy of her notes in court records.

Then on Saturday, June 8th, and in the following days, Jeremy told me what happened. His father, along with two other men (two of his cousins in their twenties) raped him.

Jeremy told me that they "went pee-pee in his mouth and made him swallow it."

He also said that they "went pee-pee on his tailbone, and that it hurt so bad he thought his stomach would break in half."

He was told that there was not a bathroom in the house, so they had to "go poo-poo" on him. He heard them arguing about who would get to go first, and "his daddy won."

He told me that while they were " doing the bad stuff" his grandmother (Mike's mother), and his aunt walked in and started screaming. He told me that his grandmother cleaned him up, and then they took him to McDonalds and impressed upon him the importance of never telling anyone.

He said that he slept with his grandparents for the reminder of the trip. He was terrified to talk because he had been told that I would die if he did, and that he would go to jail.

To this day, he is scared of going to jail, or is afraid to leave me because he thinks that something is going to happen to me.

I tried to get help, but didn't understand the system. For instance, because I now had "possession" of him, Child Protective Services didn't want to become involved because he was "out of danger."

That changed later.

The local police couldn't do anything because Mike had taken Jeremy out of their jurisdiction to commit the crime. The Naval police didn't want to get involved. Finally, I took him to the military hospital, and they recommended to take him to the emergency room in New Braunfels, Texas-- the city where we lived. I did, and met a doctor named Marcus Gitterlie. Dr. Gitterlie immediately noticed the signs of an abused child. He was fearful, and when the Dr. tried to examine him, Jeremy fought him hard. He did not want to be in the same room with a man. Dr. Gitterlie was the first to notice Jeremy's infected penis. I told him of my frustrations of trying to get someone to help, and he called CPS and reported an incidence of abuse. He asked me to come back the next morning.

The next morning, Dr. Gitterlie informed me that he had called the FBI and the Naval Investigation Office and gave me the contact numbers.

I talked to the Agent Nancy Fisher from the FBI, and told her what was happening. She advised me not to release Jeremy to his father under any circumstances, even giving me her cell phone number in case local police showed up and insisted that I do so. She informed me that (she) and (San Antonio prosecutor) Karen Norris, prosecuted child molesters vigorously. Meanwhile, Mike (began) to call repeatedly, saying that he wanted to see Jeremy the coming weekend. I was panicked because I knew that could not happen.

His next visitation wasn't scheduled for a month, and he had never requested an extra visitation, but now he was calling over and over leaving messages. I left a message for him, at the FBI agent's prompting, saying that Jeremy was under a doctor's care, and he wouldn't be able to visit him. He continued to call, leaving threats and never once asking about his condition or why he was seeing a doctor.

Copies of the message are in the court's records.

Once again, the FBI agent asked me to call Mike and tell him to get in contact with her-- that she had some questions for him. I called him and gave him the information, and he had little reaction. The conversation ended with him accusing me of lying to him -- that I was trying to get him to call someone who was only pretending to be with the FBI.

(A) copy of (the) conversation (is) in court records.

The therapist suggested that she (personally) was not qualified to treat Jeremy, that she believed he needed to see someone with sexual abuse experience. I made an appointment with Dr. Joann Murphey, who after weeks of appointments with him concluded that Jeremy had suffered a significant trauma on his trip with his father that manifested upon his return home. When I asked by phone what she called a "significant trauma," (she indicated) sexual abuse or kidnapping.

The FBI scheduled a lie-detector test for Mike, and he informed them that he had retained a lawyer who advised against it. The agent discovered that (Mike) had lied to her-- he had not yet retained an attorney. She scheduled three more tests for him, but he failed to show up for any of them.

She told me that they were going to pick up all three men and question them separately, but just as she was about to do so, the Navy took jurisdiction from them.

She told me that she had prosecuted many military cases, and the military always let her have them. She was afraid that they took the case in order to sit on it.

Mike's family has a long standing in the Military, and is even personal friends with former Secretary of the Navy, Jim Jones. All four brothers in the family, along with their father, are Navy Pilots, and they are known in circles as "The Flying DeWalts."

We all had grave concerns about the Navy's intentions. They opened and investigation, and issued an order that Mike could not be alone with Jeremy. Instead, he chose not to see him for the following year.

Meanwhile, I hired an attorney named Richard Ducote to file papers in the family court to terminate Mike's parental rights. That is when the legal nightmare began. We had a week of pretrial hearings, where my attorney presented numerous witnesses -- all verifying the validity of Jeremy's claims.

In addition to the people I've already named, there was the head of pediatrics at Brook Army Medical Center, who testified that when she told Jeremy she needed to do a test for germs where a penis may have touched him, and asked him where she might find them, he pointed to his mouth, his penis and his bottom. Darla Lane, Jeremy's therapist since the abuse, also testified and said in a sworn affidavit, that it was her opinion that it would be "emotionally devastating for Jeremy to even see his father."

In addition, Dr. Nancy Kellogg, the preeminent child abuse investigator in the state of Texas, watched a videotape of Jeremy talking to another therapist, and stated that she had "grave concerns for the child."

The Navy had sent a woman from the National Center for Child Protection to interview Jeremy, and that video was shown in the pretrial hearings. It showed Jeremy telling some of the things that happened, and even drawing a picture showing where his father had touched him. (He drew a line from his father's penis to his penis.)

None of these things were allowed in the jury trial, along with the FBI's testimony that they had a "prosecutable case."

In fact, the jury wasn't even allowed to know that there was a criminal investigation, and I was allowed to be called "crazy" because I " was the only person who believed Jeremy's allegations."

The judge (Jack Robison) immediately made it known that he did not appreciate a high-powered attorney coming into his courtroom trying to tell him how things should be done.

And then when my attorney made a mistake filing the discovery papers, the judge used an antiquated Texas law to prohibit all of my evidence and most of my witnesses from testifying. He himself called it a "death penalty," insinuating that we could not win the trial under these circumstances.

I had no choice to continue because the alternative was to allow the rapist unsupervised visitation with Jeremy.

The judge ordered that a "neutral" therapist analyze Jeremy. This therapist, a Dr. Maureen Adair, testified that she had seen 2 or 3 abused people -- none of which were as young as Jeremy. She insisted that it would be proper to set up a "surprise visit" between Jeremy and his father to judge Jeremy's reaction.

We argued vigorously, but the judge, who did not seem to understand that it was Mike's choice not to see his son for the past year, said that I had kept Jeremy from his father long enough.

The visit was to take place, under the threat of removing him from my home and placing him in foster care. He then restricted me from documenting any further evidence of the abuse. Suddenly, I found myself on trial, with no evidence to back up my claims. All of the evidence had been meticulously covered up, or completely ignored.

Then Mike filed a counter-suit seeking custody. By this time Jeremy was four-and-a-half years old, and not only had Jeremy accused him of rape, but the longest time Mike had ever spent alone with him was two-and-a-half days.

I had his therapist present when Jeremy returned from the surprise visit, and she heard him say " Mommy! Daddy didn't hurt me this time."

But because I had been restricted from collecting any further evidence, the judge threw out that statement, and had CPS sit in the courtroom to determine whether or not Jeremy needed to be placed in foster care. He believed that his distress was due to me, instead of the abuse that he'd experienced.

During the trial, the jury was never allowed to see the majority of the evidence. In the pretrial hearing, Mike's defense was, in order, 1) I was a writer who made all of this up in order to have material for a book, 2) I was anorexic, and therefore suffered some (unclear) mental effects from it, 3) I had Munchausen's by proxy syndrome, 4) I was likened to a person who sets fires for the attention, and finally, 5) Since I was the only person who (believed) this (remember, the jury wasn't even allowed to know that there was a criminal investigation) I was crazy.

After all the other accusations of me were proven false in the pretrial, they decided on the last one for the jury trial. I was not allowed to defend myself by even mentioning the other witnesses who would testify to the validity of Jeremy's claims.

The jury believed Mike, and on October 25, 2002 gave him custody.

That was almost (as this letter was written) sixteen months ago, and I have been in hiding ever since.

Originally, my mother came with me, but returned last September to try and clear up the situation and make way for our return.

The same judge, Jack Robison sits on her case, and is holding her on ISE immunity. He has denied her desperately needed medical attention (she has end-stage liver disease) unless she tells where we are. Two weeks later they arrested my father for "hindering an investigation," and now both have been indicted for helping me protect my son.

They sit, without any legal council, in the New Braunfels, Texas County Jail. Their names are Edward R. and Margaret L. Kearns. They are both elderly, and desperately need help. Before my father's arrest, he had contacted some people in Austin, Texas who deal with child and elderly abuse, and from what I understand, they were to initiate an investigation into the judge's behavior, because they said that it was one of the worst "abuse of power" cases they seen.

But I believe that my father was arrested before he could initiate the investigation.

We need help. This is a grave injustice that needs to be rectified. Once I left, the Navy cleared Mike of the charges and gave the case back to the FBI, even though the naval investigator believed the charges, and in fact, had pinpointed the exact time and location of the abuse.

The FBI case remains open, but they have not charged Mike. I do not understand why, except to wonder if it's because we are not there to testify.

It seems to me that the only way this situation is going to be rectified is if the three men responsible for it are arrested.

We do not have the money for attorneys. We spent well over $100.000 on the civil trial, and are spent-- both financially and emotionally. I want my child to have a normal life, and for him to know that his bravery in telling what happened was the right thing to do.

As it stands now, he feels as if everything that's happened is his fault. How do you explain to a six-year-old a justice system gone wrong?

There are three child molesters free, who have not been held accountable for the unspeakable things that they did to an innocent little boy. My son and I are living a life in hiding, while my elderly parents-- Jeremy's beloved grandparents-- sit unjustly in a jail for doing the right thing.

We desperately need someone who will take on our case, and help us win justice. The case is in the Comal County Courthouse, and the case numbers are as follows:

My criminal case: CR2003-408,409 and 410.

The original civil trial: CR2004-0813C

My mother's case numbers: CR2003-355and CR2003-411, 412, and 413.

My father's case number: CR2003-414.

Because it is unsafe for my son, I am unable to reveal my location, so all contact should be made through my parents. They are free to speak for me, as well as make any necessary decision.

Please, please help us if you can.

Suzanne DeWalt

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SUZANNE DEWALT KIDNAPPING CASE
The Hunt
For Suzanne
Minute By Minute Details
Of Her Capture And Return
Part Two Of A Lightning Series - Copyright 2005 By SAL

“Are you Suzanne DeWalt?
She answers very quietly 'yes.'" - Klein Report

Suzanne Dewalt of New Braunfels, who admits that she fled with her son Jeremy after losing custody to her ex-husband Michael in 2002, was captured in Mexico over the weekend of September 10th.

She says she took the boy to protect him from a "sexually abusive" father. (Click for a letter written by Suzanne as she was on the run. It was published exclusively in the Lightning on Monday. Discretion is advised.)

What follows is the account by Private Investgator Philip Klein, which begins in August of this year, and ends after a private plane transports Suzanne and Jeremy, and crash lands in New Braunfels. - Editor

* * *

Klein Investigations and Consulting Operations Memo To : Charles Clickman, EVP - CRN

From : Philip R. Klein, TPLI-PPO Subject :

Operations Report - Dewalt

Date : September 10, 2005

The following is the capture of Suzanne Dewalt and her son Jeremy as prescribed under Texas State Statue.

In such report, per request of the federal authorities we have omitted the FBI operational names from this report.

Preface:

In early August KIC (Klein Investigations and Consulting) received numerous hits from ISP address in San Miguel Mexico. We began to follow these hits on the JD web site and track them by map. On August 2, 2005, a UC operative was sent to San Miguel and through established contacts in the UC network distributed flies VIA the internet and on the ground as well as using our established underground network.

A secondary sighting of the subject Dewalt was noted on August 23, 2005, however, the caller would not establish their location nor name - just requested more information.

NBPD (New Braunfels Police Department) was advised at all times of this operation and information was distributed to the parties.

A 250 miles search area of all INET cafes and computer ICL’s is begun with flyers through the ground and online.

Operations Report September 8
2005 2:34 p.m. - Advised by NBPD that a call had been received by a dispatcher from Comal County SO from Mexico that a subject information on SD and her son. He gave very specific information on the subject relating to description. KIC staff receives a copy of the report from CCSO at 3:32 p.m.

3:45 p.m. - Tracking is begun on the email address; NBPD sends email to the subject requesting more information. Email comes back as not a good address.

4:05 p.m. - Contact made with USFBI - given name of FBI Field Agent Monterrey Mexico - covers the Zacatecas Mexico area. Agent (name omitted) briefed. US Consulate briefed in (name omitted) Mexico. NBPD advised of contact name.

5:03 p.m. - Address tracking is continued, as well as name tracking continued into the night.

7:34 p.m. - Tracking found to be UC in Zacatecas Mexico - unconfirmed. 8:40 p.m. - Possible business location establish on UC caller.

9:44 p.m. - UC caller ID made through sources in Zacatecas. Unknown to our sources in city.

11:06 p.m. - Established proper Email address for the caller. ME was the suffix to the email per dispatchers - suffix MX is attempting and tracker placed on EMAIL. It is positive to an IP address in the city of Zacatecas Mexico.

Friday, September 9
2005 12:21 a.m. - Email is written by staff and approved for send to caller. Staff sent home for the night - regroup and recall at 06:00.

06:04 a.m. - Staff meeting at KIC - final email draft. Bait Email Sent. (name omitted)

06:32 a.m. - KIC drop email box staff checked by staff. EMAIL noted from UC sent at 12:33 a.m. from email address. It is responded to. (name omitted)

07:03 a.m. - FBI - Mexico and NBPD advised - forward email. (name omitted)

07:29 a.m. - After six drafts of secondary bait email to subject - secondary email sent as response to subject’s 12:33 a.m. email. (name omitted)

07:33 a.m. - FBI / NBPD / CRN placed on alert status - logistics assigned to staffers in office.

07:33 a.m. - Web Hits from prior day noted to all parties.

8:43 a.m. - EMAIL sent is confirmed - same IP Address located at address of previous EMAIL and confirmed to CI. Considered a positive lead and staff told to go to Level 1 planning for extraction. (name omitted)

8:46 a.m. - FBI Mexico (name omitted) contacts staff - ground agents sent to the area from both Mexican INTEL and FBI. Will advise when in the area.

8:49 a.m. - KIC staff requests all hits for post three days from CRN for the JD web site.

9:10 a.m. - Planning meeting for extraction with resource request sent to CRN. Contact made with EVP. (name omitted) 9:13 a.m. - Conference call with NBPD / CCDA - operation called “GO” by FBI (name omitted) in Mexico - resource request to be made ASAP - Dewalt family notified of positive sighting. Operation to begin Saturday morning in joint effort. 9:32 a.m. - FBI - Mexico advised.

10:23 a.m. - Staff advises there is a caller to KIC on line 3 from Mexico - wants to talk to Investigator Klein. (name omitted) Contact made. Broken English. Subject advises location - states that subject lives in the area and is known to go to a church called Roca Eterna / subject asked specific bait questions and answers all questions. He states he has a “piece of paper handed out to him by a person looking for the child and he looked the case up on the internet.

He is sent by email a picture of Jeremy / and wanted subject.” (name omitted) He positively ID’s subjects, an in fact says during the phone conversation that he is looking at the boy hanging around the front of the home at this time. Subject gives specific information that is being fed VIA net mail to NBPD / FBI during the conversation.

All agencies notified by staff while Klein is speaking to subject - phone line traced during conversation and is confirmed to the address given by the subject. Caller states that the wanted subject goes by the name “Jenny Johnson” and Jeremy goes by “John Johnson.” He advises that they live in a home, but rarely come out. They are very careful who they speak with. They attend the local church. They are packing to move, and there were two trucks that were at the house with Americans moving boxes.

The caller advises that the subject is a writer, has no job and supported by the church and “other Americans.” The caller advises that he is worried about the boy because of a man named “Mario” and that he is a very strange man that hangs around them. Mario may be their body guard. He says the church has contacts from a church in the SA area possibly from what he has heard. He confirms the pictures again and states that the subject has a red Volkswagen beetle that she drives - specific LP is noted and that the windows are darkened abnormally. Subject formally requests CI status from Klein. Automatically given. (name omitted)

11:04 a.m. - Conversation ends / FBI Mexico / NBPD advised - FBI states they are moving into the area with Mexican Authorities. (name omitted)

11:12 a.m. - Research and staff meeting on Church begun. FBI Mexico (name omitted) advises they are twenty minutes away from the area.

12:12 p.m. - FBI Mexico (name omitted) advises they are in the area. Email sent to CI and told not to approach and FBI / Mexican agents would come get him to show residence. CI agrees to meeting with the agents. (name omitted)

12:12 p.m. - CI writes urgent message saying that the child is seen at the house. Phone call received by CI - advising he thinks they are going somewhere. FBI Mexico advised. NBPD advised. NBPD advises they are in direct contact with field officers of FBI. (name omitted)

12:34 p.m. - Advised Mike Dewalt, child’s father headed to airport. CRN working on air logistics.

12:43 p.m. - Contact made by field agents (name omitted). Positive ID made - subject placed under surveillance. Confirmation given to CRN - travel given okay - jet to fly into NB ASAP.

1:01 p.m. - IC is meeting with agents. Okay given to operation to Mexico. Travel questioned. Manifest placed together - Klein with PPO agent Inga Klein advised to prepare to travel. Staff researchers gather ground maps.

1:32 p.m. - Subject is now under full surveillance by FBI / Mexican INTEL - travel okayed by CRN.

1:55 p.m. - Order given as operational go by FBI. Subject will be taken into custody. CCDA advises a go - warrants prepared / Klein advised to go to NB with PPO Agent I. Klein.

2:04 p.m. - Plane 1 has engine troubles - cannot fly. Secondary plane ordered in Houston. Klein advised to go by ground to NB.

2:32 p.m. - FBI Confirms (name omitted) that subject will be taken down. The subject is at a party in the city and is shopping in local shopping center. The child is with her.

3:02 p.m. - Klein / PPO Agent I. Klein leave SET location travel to NB.

3:31 p.m. - CRN advises that secondary plane is ready. Can launch at 6:12 p.m. to NB Airport with landing at 7:00 p.m.

3:55 p.m. - FBI (name omitted) advises that they still have subject in site. Will not allow her to go home for legal reasons - will detain before she goes to her home. They are setting up tactical teams in her neighborhood with Mexican INTEL.

4:32 p.m. - FBI advises that the subject is at party and wants confirmation that flight is a go. Advises they want a LPC or Psychologist on board plane, and two Investigators / PPO agents only. NBPD confirms conversations.

5:31 p.m. - FBI (name omitted) Advises all resources in place. Subject still at secondary location. 6:30 p.m. - FBI (name omitted) Advises no change in status. Klein staff emails all information on church and known associates of CI in the area. The CI is confirmed not to have ties to the church.

6:43 p.m. - Arrival at NB Airport - meeting with NBPD / CCDA. Specific Instructions given to Investigator Klein / PPO Agent I. Klein.

7:01 p.m. - Wheels down of jet. Pilots notified of change of ITA. By FBI Request - plane to travel to (name omitted) private airport to pick up two agents with current travel party, then fly to the Zacatecas Airfield to meet UC agents with the Mexican INTEL. Flight plans changed - permission granted by the airplane owners.

7:34 p.m. - FBI Mexico (name omitted) advises that subject is approaching her residence and is stopping at a local grocery store in the neighborhood where she lives. They are taking her down and into custody.

7:49 p.m. - Subject in custody. Child is with subject. All are safe - situation is under control - subject enroute to undisclosed location with agents from the Mexican INTEL and FBI. She is to be deported.

7:56 p.m. - Final flight planes approved by FAA and Mexican Authorities. Wheels up at 7:59 p.m.

8:55 p.m. - Wheels down in (name omitted) Mexico. Two FBI agents were met at the airport. Customs inspects the plane. Meeting and briefing is begun at the airport. Permission granted to leave (name omitted) by the Mexican officials given at 9:21 p.m.

10:07 p.m. - Wheels up to Zacatecas, FBI briefs KIC agents on situation / FBI briefed on case - warrants presented / writ of attachment presented.

11:11 p.m. - Wheels down in Zacatecas Mexico. Meeting with FBI agents, KIC Agents (name omitted) and Mexican INTEL head for the region. Meeting concluded at 12:44 a.m.

12:59 a.m. - An unmarked van with small motorcade approaches the plane from a field to the east. The van stops 1000 feet from the airplane on the tarmac. A small child emerges, as well as a white female unknown. Two Mexican agents approach with the subjects to Investigator Philip Klein who is asked to meet the subjects away from the plane.

The subject is walked to investigator Klein on the tarmac. The following conversations takes place: “My name is Philip Klein, I am a civil investigator in the State of Texas. Do you understand.” She replies Yes. “Are you Suzanne Dewalt?” She answers very quietly yes. “Do you understand that there is a warrant for your arrest in Texas?” She answers yes. “I am now advising you that I am your escort to the United States and to the State of Texas. Do you understand?” She advises very quietly yes. “Is this Jeremy Dewalt, the son of Michael Dewalt?” She answers yes. Speaking to Jeremy : “Is your name Jeremy Dewalt?” - The child answers : “My name is John..” PPO Agent Inga Klein is called over to escort the boy to the airplane. “Ms. Dewalt, you are being taken back into the United States by deportation do you understand?” She answers yes.

01:05 a.m. - Jeremy and PPO Agent Inga Klein move to the airplane, Dewalt and Klein move to the plane as well. Jeremy is introduced to Dr. Murphy, Ms. Dewalt is escorted onto the plane with Investigator Philip Klein. FBI Agents then enter the plane, and advise that they are to escort the boy to the United States. She acknowledges such with a simple : “I understand.”

1:10 a.m. - We are advised that there will be a 40 minute delay in travel by pilots.

1:20 a.m. - Jeremy with PPO Agent Klein and Murphy are escorted onto the plane.

1:21 a.m. - Jeremy is sitting in the front of the plane with I. Klein and Murphy, Ms. Dewalt is sitting with Klein and an FBI agents in the rear of the plane. She asks Klein : “Are you the one that has been looking for me?” I stated yes. “Do you know why I ran with my son?” I stated to her that I had read the entire file and transcript and was given the case in March of 2005. She stated : “It did not take you long to find me did it.” She was told : “It was a matter of time. There were many hard working people at NBPD and CCDA as well as FBI Agents looking for you.” - She stated : “I know.” She then asked : “Mr. Klein, are you a father?” I stated yes. She then said : “You would do the same thing would you not?” I stated no - that I believed in the justice system. During the conversations that ensued, she stated that she knew that KIC and NBPD was looking for her and were close. She advised that she had moved to home in Zacatecas in the end of March of 2005. She stated her mistake was staying in the home for too long and she knew that she was going to get caught if she stayed in one place too long. She confirmed that she had been in San Miguel six weeks prior where we had three sightings and admitted to renting a home / hostel in that area. She further admitted to traveling in the 100 SQ mile radius many times. She admits to selling the auto she came down into the area with, and admitted to buying items with the proceeds. She just recently purchased a VW auto. She stated that she did not want to move because she liked her church. She refused to advise where she was obtaining money. She refused to state anything of the established network she was being given resources to. She simply stated : “I have many friends that help me.”

Observations : Jeremy Dewalt sat with PPO Agent Klein and Dr. Murphy, the child stated and referenced most conversations to “three years ago.” He was asked what he liked to be called - he stated “John.”

In a search of the subject’s Dewalt’s bags pictures were found of the boy with a placard name of John Johnson. Further search indicated that the subject had little or no money in her possession. The subject was very subdued and cooperated fully with commands by both KIC staff and the FBI. She refused statements and stated that “her lawyer is going to help her.” She stated that she pulled into the grocery store in her neighborhood and she was approached by at least 20 agents that surrounded her car and her. She was given the opportunity to make a phone call from the police station to which she called her parents.

As the subject was cooperative with commands, she was uncooperative with information. 2:23 a.m. - Wheels up - flight plan changed to Brownsville Texas for US Customs and arrival for subject Dewalt on Federal warrants. Subject was cooperative while in flight, however, became very nervous and nauseous while in flight getting sick to her stomach. Investigator Klein assisted the subject and she drank a Sprite that seemed to help her. She stated that she does not like to fly.

The child speaks to Dr. Murphy and Agent Klein in Spanish. Ms. Dewalt tells us that he is fluent in Spanish and is learning a third language. She states they were a week away from moving to possibly South America or somewhere. She states that they wanted to buy time before they were found. She wanted him to be older before they were found.

3:14 (APX) a.m. - Arrival in Brownsville. Subject and two FBI agents (name omitted) go into the holding area of the US Customs area. Investigator Klein presents to US Customs and the FBI the warrants for subject’s arrest. She if formally presented. After US Customs does some paperwork, the subject is escorted to the plane. During this time Jeremy plays outside with PPO Agent Klein and Dr. Murphy. Customs is cleared.

3:52 a.m. - Wheels up from Brownsville. Ms. Dewalt begins to cry. She asks for her bible and reads scripture. She looks over at me and asks if she will be okay. I reassure her that she will be treated with dignity and grace. She weeps quietly. I ask her if she is relieved that she does not have to run anymore - and she says “Yes.” Jeremy is fast asleep in the front of the plane with Dr. Murphy. Agent Inga Klein is sitting next to Jeremy holding his hand while he sleeps.

4:43 a.m. - The pilot turns and gives the thumbs up that we are on approach to NB Airport. I advise the two agents, and Ms. Dewalt. On approach Ms. Dewalt that we are landing. She shakes her head. On landing, the two back wheels hit the runway, and five seconds later the front wheels lightly touch, the speed on the indicator in the cabin says 171 miles per hour. There is a very loud bang and a hard drop of the nose of the plane. Sparks / some small flames and heavy smoke as well as loud scrapping noise is heard. Emergency is declared by co-pilot who turns and signals to the emergency exits. I advise the agent sitting in front of me to grab Jeremy, and I advise Ms. Dewalt to follow me when the plane stops. She holds my shoulder. The plane is coming to a rest and smoke begins to fill the cabin.

The co-pilot yells go as the plane is stopping.

FBI Agent #1 (name omitted) goes to the front of the plane with PPO Agent I. Klein and grabs Jeremy, while FBI Agent #2 (name omitted) opens the emergency exit right, Klein opens the Emergency Exit 2, Ms. Dewalt is pushed out of the plane onto the ground through two.

All parties, included the pilots go to the rally point way from the plane. Jeremy slightly wakes up. All parties check and other than minor issues are all okay. Contact is made to the officers on the ground and emergency services contacted. They arrive. The pilot advises that he hit an animal on the runway which caused landing gear failure.

4:59 a.m. - After all areas are cleared of the plane. Paperwork is retrieved. Ms. Dewalt is standing on the runway, FBI Agent #2 (name omitted) has Jeremy and is holding him with PPO Agent Klein while he sleeps.

5:10 a.m. - Ms. Dewalt is advised that she can say goodbye to her son - she is going to be placed into custody. She holds her son and whispers in his ear. There is no emotion.

5:13 a.m. - Two FBI agents (name omitted), CCDA Waldrip and the child get into a suburban and drive to the airport terminal where Mr. Dewalt is waiting. Ms. Dewalt is escorted by Investigator Klein to Detective Pinchorn and formally presented. “Ms. Dewalt, this is detective Pinchorn with the NBPD - I am giving you to his custody - do you understand.” Answers quietly : “Yes.”

She shows no emotion. Officers place her into custody - she is read her rights and asked if she wishes to make a statement. She states no - and she requests her lawyer. She turns to Klein, and PPO Agent I. Klein and says thank you for treating me with dignity. She is escorted to a waiting police patrol car.

5:30 a.m. - Post escort and debriefing to NBPD officers on the trip and case, operation is called closed.

PRK/w NBPD - Rienhart File : 05-03-1230

Much more to follow in coming days.

The News

Tuesday, 1 August 2006

Protective Parent Suzanne Dewalt Ordered to pay Restitution
Now Playing: Typical Texas Justice

A judge ordered Protective Parent Suzanne DeWalt to pay $47,480.73 in restitution to her eight year old son Jeremy and her ex-husband  during a hearing held Monday afternoon. $25,000 has been set aside for Suzanne to pay for her son’s psychological rehabilitation.

Meanwhile, her Appeal has been filed. She will remain in prison until her conviction is overturned and a new trial ordered.

A seriously uninformed jury recently sentenced Suzanne to five years in prison for fleeing to Mexico in 2002 with Jermey who was five at the time, instead of relinquishing custody of the child to her ex-husband, Michael DeWalt. Suzanne believed Michael Dewalt sexually abused Jeremy during a 2001 summer visitation. Suzanne Dewalt was arrested in September of 2005 in Zacatecas, Mexico and was extradited to New Braunfels.

Read More:

http://sanantoniolightning.com/dewalt.html

Posted by mothersrights at 4:54 PM CDT

Thursday, 6 July 2006

Texas Protective Mom gets 5 years in Prison

Suzanne Dewalt was sentenced to 5 years in prison and a $10,000 fine for protecting her son Jeremy from an alleged child abuser.

http://www.mysanantonio.com/news/metro/stories/MYSA070106.03B.DeWalt.1bb384c.html

Mother gets five-year sentence, $10,000 fine for kidnapping son

Web Posted: 07/01/2006 12:00 AM CDT

Web Posted: 07/01/2006 12:00 AM CDT

Alexandra Berzon
Express-News Staff Writer

NEW BRAUNFELS — A jury Friday sentenced Suzanne Kearns-DeWalt to five years in state prison and a $10,000 fine a week and a half after they convicted her of kidnapping her son.

In October 2002, after losing a child custody case in the same New Braunfels courthouse, Kearns-DeWalt fled to Mexico with her 4-year-old son, where they lived for three years. Kearns-DeWalt claimed in that earlier trial that her ex-husband, Navy pilot Mike DeWalt, and two other men had abused her son, Jeremy, then 3, on a family trip to Florida. Those allegations were never proven and Mike DeWalt won the custody battle over his son. Kearns-DeWalt left the courthouse that day and escaped with Jeremy and her mother shortly after.

She now says she did not get a fair trial in that case after her lawyer missed a deadline and was barred from presenting key witnesses to the jury.

As the jury read its verdict Friday, Kearns-DeWalt stood with a blank expression. Her lip quivered slightly when she realized she had not been granted probation as she and her family had hoped. Her father, Edward Kearns, said he was "devastated" by the verdict.

Kearns-DeWalt has served eight months of her sentence and will be eligible for parole in two years. The jury could have given her life.

Edward Kearns said the family is resolved to appeal the case. "This isn't over. There has been so much reversible error," he said. Both he and his late wife served time in jail for aiding and abetting the kidnapping.

The DeWalt family said they were pleased with the verdict. "Justice was served," said Mike DeWalt, who attended the trial in his Navy uniform.

"It says a message," said DeWalt's mother, Char DeWalt. "Other parents are going to think twice before they do something like this. We don't want another little boy to go through what Jeremy went through."

In the sentencing phase of the trial, the prosecution tried to portray Kearns-DeWalt as a psychologically imbalanced, manipulative mother and ex-wife who exaggerated her son's claims of abuse in an effort to gain full custody of her son.

The defense sought to show that regardless of whether or not Jeremy's father molested him, Kearns-DeWalt had good reason to believe he had, and made the fatal but understandable mistake of escaping with her son when she faced losing him to his father.

In the sentencing phase of the trial, the jury heard the details of the abuse claims for the first time.

Both the prosecution and the defense showed the jury a series of heart-wrenching videos depicting young Jeremy, who reportedly came back from the trip with his father with a stutter he didn't have before, describing horrible acts of sexual abuse that allegedly occurred on that trip. Both the FBI and the Navy investigated those claims but no charges were brought. Mike DeWalt denied the claims and reportedly passed multiple polygraph tests.

Jeremy, now 9, lives with his father at an unknown location. Kearns-DeWalt, along with members of her family, have been barred from seeing him. He did not testify at the trial.


Attorney Ducote
Published November 07, 2002
Judge Jack Robison Wednesday stripped a New Orleans attorney of his
right to practice law in the 274th Judicial District and assessed
him, and his client, fees and attorney costs more than $100,000.
The attorney, Ducote, was representing Suzanne DeWalt of New
Braunfels, who is believed to have fled with her mother and 5-year-
old son, Jeremy, after a jury awarded her former husband managerial
custody of the boy.
Suzanne DeWalt had accused Jeremy's father of sexually abusing their
son.
In a related hearing, Ed Kearns, Suzanne DeWalt's father, invoked his
Fifth Amendment right against self-incrimination rather than answer a
number of questions about her location. Kearns' wife, Margaret
Kearns, of San Antonio, is believed to be with Suzanne and Jeremy
DeWalt.
New Braunfels attorney Hector Mendez sought to have Ed Kearns jailed
as a material witness in the Oct. 25 disappearance of Jeremy DeWalt.
Kearns was not jailed.
Suzanne DeWalt and Margaret Kearns are wanted for interfering with
child custody, a state jail felony under Texas law punishable by a
fine of up to $10,000 and up to two years in a state jail.
The purpose of Wednesday's hearing was to consider challenges Ducote
raised regarding the fees charged by court-appointed psychiatrist,
Maureen Adair. He also made a motion that Adair be found in contempt
of court.
The hearing opened with Ducote offering to withdraw the motions to
clear the way for Robison's final orders in the case — and for an
appeal to the Texas 3rd Court of Appeals.
Robison made plain early in the hearing that he had no patience for
Ducote's tactics.
"Your showboating is unnecessary," Robison told the attorney. "Tell
me what you're here to do."
Attorney Michael Bowles, who represents Jeremy DeWalt, asked Ducote
if he knew where the child was.
"Of course I don't," Ducote said.
Shortly afterward, Robison began lecturing the attorney when, minutes
after saying he would withdraw a motion over Adair's fees, said he
wished to protest them.
"Mr. Ducote, when you first came in here, you submitted to the
jurisdiction of this court. Then, you advised your client not to pay
Ms. Adair's fee — " Robison began.
"I object to that — " Ducote interrupted.
"You can object all you want. I was there and it's on the record.
That motion was brought in bad faith," Robison said. He accused the
attorney and his client of attempting to intimidate and harass Adair
and manipulate the evidence in the case.
Robison ruled Ducote and Suzanne DeWalt would be responsible for all
fees incurred by both sides and the court in the case. Then he went a
step further.
"You have violated the rules in this court. Your right to practice
law in this court is immediately revoked. You can take that up with
the appellate court, if they'll listen to you," Robison said.
"So the court is forbidding me to speak?" Ducote asked.
"As far as I'm concerned, I never want to hear from you again,"
Robison replied, telling Ducote to leave the courtroom, and
instructing local counsel Earl Tracy of San Antonio to handle the
remaining proceedings.
"I'm still a member of the public," Ducote said.
Robison considered that.
"I guess you can stay," the judge said. "Just don't talk."
Mendez, who had subpoenaed telephone and credit card records
belonging to Suzanne DeWalt's father, called Kearnes to the stand and
grilled him over the location of his wife, daughter and grandson.
Mendez asked how they were supporting themselves.
In response to questions about when he last saw his daughter, Kearns
repeatedly invoked his Fifth Amendment right against self-
incrimination.
It was the same in questions about the whereabouts of his grandson.
"Again, I will exercise my right under the Fifth Amendment not to
respond to that," Kearns said.
"Mr. Kearns, is it true or not that you knew your daughter was
planning to run away?" Mendez asked.
"I will exercise my Fifth Amendment rights not to answer that,"
Kearns replied evenly.
"We know Mr. Kearns knows more than what he suggests today, otherwise
the Fifth Amendment wouldn't have been so prevalent in his
testimony," Mendez said.
The case began when Suzanne DeWalt sought to have the parental rights
of her ex-husband, Michael DeWalt, terminated. She and her attorney,
Ducote, allege that her ex-husband and two other adult males sexually
abused the boy on a June 2001 vacation.
Michael DeWalt has not been charged with the crime, and Ducote
alleges that the man's employer, the U.S. Navy, tried to cover the
allegation up rather than prosecute it.
At the conclusion of a two-week trial on Oct. 25, a Comal County
jury, asked to consider whether to terminate Michael DeWalt's
parental rights, instead awarded him custody of the boy.
Margaret Kearns and the boy were not found when deputies went to pick
him up late on Oct. 25.
The following day Jeremy's mother disappeared. Authorities have been
unable to locate them.
Bowles Wednesday afternoon said the Comal County jury discounted
claims that Michael DeWalt had abused his son, and appealed for the
boy's return.
"I've got no axe to grind. I just want that child back. He needs
parents and he needs four grandparents — without felonies," Bowles
said.
© 2002 Herald-Zeitung. All rights reserved

NEW BRAUNFELS — A jury Friday sentenced Suzanne Kearns-DeWalt to five years in state prison and a $10,000 fine a week and a half after they convicted her of kidnapping her son.

In October 2002, after losing a child custody case in the same New Braunfels courthouse, Kearns-DeWalt fled to Mexico with her 4-year-old son, where they lived for three years. Kearns-DeWalt claimed in that earlier trial that her ex-husband, Navy pilot Mike DeWalt, and two other men had abused her son, Jeremy, then 3, on a family trip to Florida. Those allegations were never proven and Mike DeWalt won the custody battle over his son. Kearns-DeWalt left the courthouse that day and escaped with Jeremy and her mother shortly after.

She now says she did not get a fair trial in that case after her lawyer missed a deadline and was barred from presenting key witnesses to the jury.

As the jury read its verdict Friday, Kearns-DeWalt stood with a blank expression. Her lip quivered slightly when she realized she had not been granted probation as she and her family had hoped. Her father, Edward Kearns, said he was "devastated" by the verdict.

Kearns-DeWalt has served eight months of her sentence and will be eligible for parole in two years. The jury could have given her life.

Edward Kearns said the family is resolved to appeal the case. "This isn't over. There has been so much reversible error," he said. Both he and his late wife served time in jail for aiding and abetting the kidnapping.

The DeWalt family said they were pleased with the verdict. "Justice was served," said Mike DeWalt, who attended the trial in his Navy uniform.

"It says a message," said DeWalt's mother, Char DeWalt. "Other parents are going to think twice before they do something like this. We don't want another little boy to go through what Jeremy went through."

In the sentencing phase of the trial, the prosecution tried to portray Kearns-DeWalt as a psychologically imbalanced, manipulative mother and ex-wife who exaggerated her son's claims of abuse in an effort to gain full custody of her son.

The defense sought to show that regardless of whether or not Jeremy's father molested him, Kearns-DeWalt had good reason to believe he had, and made the fatal but understandable mistake of escaping with her son when she faced losing him to his father.

In the sentencing phase of the trial, the jury heard the details of the abuse claims for the first time.

Both the prosecution and the defense showed the jury a series of heart-wrenching videos depicting young Jeremy, who reportedly came back from the trip with his father with a stutter he didn't have before, describing horrible acts of sexual abuse that allegedly occurred on that trip. Both the FBI and the Navy investigated those claims but no charges were brought. Mike DeWalt denied the claims and reportedly passed multiple polygraph tests.

Jeremy, now 9, lives with his father at an unknown location. Kearns-DeWalt, along with members of her family, have been barred from seeing him. He did not testify at the trial.


Attorney Ducote
Published November 07, 2002
Judge Jack Robison Wednesday stripped a New Orleans attorney of his
right to practice law in the 274th Judicial District and assessed
him, and his client, fees and attorney costs more than $100,000.
The attorney, Ducote, was representing Suzanne DeWalt of New
Braunfels, who is believed to have fled with her mother and 5-year-
old son, Jeremy, after a jury awarded her former husband managerial
custody of the boy.
Suzanne DeWalt had accused Jeremy's father of sexually abusing their
son.
In a related hearing, Ed Kearns, Suzanne DeWalt's father, invoked his
Fifth Amendment right against self-incrimination rather than answer a
number of questions about her location. Kearns' wife, Margaret
Kearns, of San Antonio, is believed to be with Suzanne and Jeremy
DeWalt.
New Braunfels attorney Hector Mendez sought to have Ed Kearns jailed
as a material witness in the Oct. 25 disappearance of Jeremy DeWalt.
Kearns was not jailed.
Suzanne DeWalt and Margaret Kearns are wanted for interfering with
child custody, a state jail felony under Texas law punishable by a
fine of up to $10,000 and up to two years in a state jail.
The purpose of Wednesday's hearing was to consider challenges Ducote
raised regarding the fees charged by court-appointed psychiatrist,
Maureen Adair. He also made a motion that Adair be found in contempt
of court.
The hearing opened with Ducote offering to withdraw the motions to
clear the way for Robison's final orders in the case — and for an
appeal to the Texas 3rd Court of Appeals.
Robison made plain early in the hearing that he had no patience for
Ducote's tactics.
"Your showboating is unnecessary," Robison told the attorney. "Tell
me what you're here to do."
Attorney Michael Bowles, who represents Jeremy DeWalt, asked Ducote
if he knew where the child was.
"Of course I don't," Ducote said.
Shortly afterward, Robison began lecturing the attorney when, minutes
after saying he would withdraw a motion over Adair's fees, said he
wished to protest them.
"Mr. Ducote, when you first came in here, you submitted to the
jurisdiction of this court. Then, you advised your client not to pay
Ms. Adair's fee — " Robison began.
"I object to that — " Ducote interrupted.
"You can object all you want. I was there and it's on the record.
That motion was brought in bad faith," Robison said. He accused the
attorney and his client of attempting to intimidate and harass Adair
and manipulate the evidence in the case.
Robison ruled Ducote and Suzanne DeWalt would be responsible for all
fees incurred by both sides and the court in the case. Then he went a
step further.
"You have violated the rules in this court. Your right to practice
law in this court is immediately revoked. You can take that up with
the appellate court, if they'll listen to you," Robison said.
"So the court is forbidding me to speak?" Ducote asked.
"As far as I'm concerned, I never want to hear from you again,"
Robison replied, telling Ducote to leave the courtroom, and
instructing local counsel Earl Tracy of San Antonio to handle the
remaining proceedings.
"I'm still a member of the public," Ducote said.
Robison considered that.
"I guess you can stay," the judge said. "Just don't talk."
Mendez, who had subpoenaed telephone and credit card records
belonging to Suzanne DeWalt's father, called Kearnes to the stand and
grilled him over the location of his wife, daughter and grandson.
Mendez asked how they were supporting themselves.
In response to questions about when he last saw his daughter, Kearns
repeatedly invoked his Fifth Amendment right against self-
incrimination.
It was the same in questions about the whereabouts of his grandson.
"Again, I will exercise my right under the Fifth Amendment not to
respond to that," Kearns said.
"Mr. Kearns, is it true or not that you knew your daughter was
planning to run away?" Mendez asked.
"I will exercise my Fifth Amendment rights not to answer that,"
Kearns replied evenly.
"We know Mr. Kearns knows more than what he suggests today, otherwise
the Fifth Amendment wouldn't have been so prevalent in his
testimony," Mendez said.
The case began when Suzanne DeWalt sought to have the parental rights
of her ex-husband, Michael DeWalt, terminated. She and her attorney,
Ducote, allege that her ex-husband and two other adult males sexually
abused the boy on a June 2001 vacation.
Michael DeWalt has not been charged with the crime, and Ducote
alleges that the man's employer, the U.S. Navy, tried to cover the
allegation up rather than prosecute it.
At the conclusion of a two-week trial on Oct. 25, a Comal County
jury, asked to consider whether to terminate Michael DeWalt's
parental rights, instead awarded him custody of the boy.
Margaret Kearns and the boy were not found when deputies went to pick
him up late on Oct. 25.
The following day Jeremy's mother disappeared. Authorities have been
unable to locate them.
Bowles Wednesday afternoon said the Comal County jury discounted
claims that Michael DeWalt had abused his son, and appealed for the
boy's return.
"I've got no axe to grind. I just want that child back. He needs
parents and he needs four grandparents — without felonies," Bowles
said.
© 2002 Herald-Zeitung. All rights reserved

Published November 07, 2002
Judge Jack Robison Wednesday stripped a New Orleans attorney of his
right to practice law in the 274th Judicial District and assessed
him, and his client, fees and attorney costs more than $100,000.
The attorney, Ducote, was representing Suzanne DeWalt of New
Braunfels, who is believed to have fled with her mother and 5-year-
old son, Jeremy, after a jury awarded her former husband managerial
custody of the boy.
Suzanne DeWalt had accused Jeremy's father of sexually abusing their
son.
In a related hearing, Ed Kearns, Suzanne DeWalt's father, invoked his
Fifth Amendment right against self-incrimination rather than answer a
number of questions about her location. Kearns' wife, Margaret
Kearns, of San Antonio, is believed to be with Suzanne and Jeremy
DeWalt.
New Braunfels attorney Hector Mendez sought to have Ed Kearns jailed
as a material witness in the Oct. 25 disappearance of Jeremy DeWalt.
Kearns was not jailed.
Suzanne DeWalt and Margaret Kearns are wanted for interfering with
child custody, a state jail felony under Texas law punishable by a
fine of up to $10,000 and up to two years in a state jail.
The purpose of Wednesday's hearing was to consider challenges Ducote
raised regarding the fees charged by court-appointed psychiatrist,
Maureen Adair. He also made a motion that Adair be found in contempt
of court.
The hearing opened with Ducote offering to withdraw the motions to
clear the way for Robison's final orders in the case — and for an
appeal to the Texas 3rd Court of Appeals.
Robison made plain early in the hearing that he had no patience for
Ducote's tactics.
"Your showboating is unnecessary," Robison told the attorney. "Tell
me what you're here to do."
Attorney Michael Bowles, who represents Jeremy DeWalt, asked Ducote
if he knew where the child was.
"Of course I don't," Ducote said.
Shortly afterward, Robison began lecturing the attorney when, minutes
after saying he would withdraw a motion over Adair's fees, said he
wished to protest them.
"Mr. Ducote, when you first came in here, you submitted to the
jurisdiction of this court. Then, you advised your client not to pay
Ms. Adair's fee — " Robison began.
"I object to that — " Ducote interrupted.
"You can object all you want. I was there and it's on the record.
That motion was brought in bad faith," Robison said. He accused the
attorney and his client of attempting to intimidate and harass Adair
and manipulate the evidence in the case.
Robison ruled Ducote and Suzanne DeWalt would be responsible for all
fees incurred by both sides and the court in the case. Then he went a
step further.
"You have violated the rules in this court. Your right to practice
law in this court is immediately revoked. You can take that up with
the appellate court, if they'll listen to you," Robison said.
"So the court is forbidding me to speak?" Ducote asked.
"As far as I'm concerned, I never want to hear from you again,"
Robison replied, telling Ducote to leave the courtroom, and
instructing local counsel Earl Tracy of San Antonio to handle the
remaining proceedings.
"I'm still a member of the public," Ducote said.
Robison considered that.
"I guess you can stay," the judge said. "Just don't talk."
Mendez, who had subpoenaed telephone and credit card records
belonging to Suzanne DeWalt's father, called Kearnes to the stand and
grilled him over the location of his wife, daughter and grandson.
Mendez asked how they were supporting themselves.
In response to questions about when he last saw his daughter, Kearns
repeatedly invoked his Fifth Amendment right against self-
incrimination.
It was the same in questions about the whereabouts of his grandson.
"Again, I will exercise my right under the Fifth Amendment not to
respond to that," Kearns said.
"Mr. Kearns, is it true or not that you knew your daughter was
planning to run away?" Mendez asked.
"I will exercise my Fifth Amendment rights not to answer that,"
Kearns replied evenly.
"We know Mr. Kearns knows more than what he suggests today, otherwise
the Fifth Amendment wouldn't have been so prevalent in his
testimony," Mendez said.
The case began when Suzanne DeWalt sought to have the parental rights
of her ex-husband, Michael DeWalt, terminated. She and her attorney,
Ducote, allege that her ex-husband and two other adult males sexually
abused the boy on a June 2001 vacation.
Michael DeWalt has not been charged with the crime, and Ducote
alleges that the man's employer, the U.S. Navy, tried to cover the
allegation up rather than prosecute it.
At the conclusion of a two-week trial on Oct. 25, a Comal County
jury, asked to consider whether to terminate Michael DeWalt's
parental rights, instead awarded him custody of the boy.
Margaret Kearns and the boy were not found when deputies went to pick
him up late on Oct. 25.
The following day Jeremy's mother disappeared. Authorities have been
unable to locate them.
Bowles Wednesday afternoon said the Comal County jury discounted
claims that Michael DeWalt had abused his son, and appealed for the
boy's return.
"I've got no axe to grind. I just want that child back. He needs
parents and he needs four grandparents — without felonies," Bowles
said.
© 2002 Herald-Zeitung. All rights reserved

Tuesday, 4 April 2006

Texas Protecting the Molesters as usual
Mood: sad
Now Playing: Suzanne Kearns DeWalt's lawyer will not be allowed to argue a "necessity" defense in her kidnapping trial this week
Comal mom's defense tossed in kidnapping trial
Web Posted: 04/04/2006 12:00 AM CDT
Roger Croteau
Express-News Staff Writer
NEW BRAUNFELS — Suzanne Kearns DeWalt's lawyer will not be allowed to argue a "necessity" defense in her kidnapping trial this week, state District Judge Gary Steel ruled Monday.
DeWalt, 43, is accused of kidnapping her son in 2002, when he was 6, and fleeing with him to Mexico after losing custody to ex-husband Mike DeWalt.
Suzanne DeWalt believed her ex-husband and two other men molested the boy on a trip to Florida. Her husband was investigated by two agencies, but was not charged with a crime.
She went to court to terminate Mike DeWalt's parental rights, but the jury sided with him, awarding him full custody. But instead of turning the boy over, Suzanne DeWalt fled to Mexico with him. Her parents were both jailed for helping her.
Suzanne DeWalt was arrested in September after she and her son were found living in Zacatecas, Mexico. The boy was then turned over to his father.
Defense lawyers Phil Watkins and David Wilborn intended to argue that Suzanne DeWalt had a reasonable belief that the boy would be harmed if she followed the court's order, thereby justifying her actions.
Steel said that "to allow such a defense would be to allow the jury to decide whether this defendant is above the law."
During Monday's hearing, Suzanne DeWalt testified about why she feared for her son's safety if her ex-husband gained custody. She said she could tell something was wrong as soon as her son returned from the Florida trip with Mike DeWalt.
"The first thing I noticed was when we exited the plane area, he could not speak," she testified. "He was just making animal sounds. It was horrible. I knew instantly something was wrong."
She said that within days, her son made an outcry of sexual abuse to her, doctors and investigators and that he claimed he was threatened that he would go to jail and never see his mother again if he told what happened.
Though Suzanne DeWalt cannot use the suspicion of abuse to argue her innocence, this can be used during the punishment phase of the trial, if she is convicted.
She faces up to 10 years in prison on a kidnapping charge and interfering with a court order.
Jury selection will begin at 9 a.m. today.
--------------------------------------------------------------------------------
rcroteau@express-news.net

Friday, 14 October 2005

Suzanne Dewalt remains jailed on $1 million bond
Mood: irritated
Now Playing: Another mother's story
Thu Oct 13, 3:38 PM ET http://news.yahoo.com/s/ksat/20051013/lo_ksat/2995410 A New Braunfels mother accused of fleeing the country with her non-custodial son waived her arraignment in court Thursday. Suzanne Dewalt arrived in a sheriff's unit at the Comal County Courthouse, but she never appeared in court. Dewalt, who remains jailed on $1 million bond, is charged with two counts of interfering with child custody and one count of hindering apprehension. She was arrested in September after being on the run in Mexico for three years with her son, Jeremy. Dewalt claims she fled the country because her ex-husband, who has custody of their son, was sexually abusing him. Dewalt's ex-husband, a Navy pilot based in Corpus Christi, has never been charged with a crime. Relatives of Dewalt, who gathered at the courthouse to offer support, said that Jeremy's reunion with his father will harm the boy. "Jeremy is affected," said Peggy Kearns, Dewalt's mother. "He's very unhappy what it will do to him." "We're really fearful of what he's being exposed to," said Ed Kearns, Dewalt's father. Dewalt's next court appearance is scheduled for late November..............

Here's Suzanne's side of the story. http://sanantoniolightning.com/dewalt.html The only place that seems to be willing to tell it. The press is making dad out to be the hero.

It's funny how this article misleads people to believe that Mike had custody of Jeremy. Suzanne had been the custodial parent all along and Mike had little interest in seeing Jeremy on a regular basis until Suzanne accused Mike Dewalt of sexually abusing Jeremy. Then Suzanne was accused of being a vindictive crazy woman and lost custody of Jeremy.

I think she was accused of suffering from-MSBP-. The newest tactic used in court against protective parents (usually Mothers) since Richard Gardner took a bunch of pills and slit himself up with a knife, his PAS theory can't be taken seriously anymore.

A few psychologists and mediators have had their licenses suspended over utilizing the PAS theory.--THANK GOD--

It is commonplace for Mothers to lose custody in family courts in the US and in Texas especially for some reason. Judges seem to be extremely father biased here in hickville. About 85% of the time dad will get custody in a contested custody case and 90% of the time when abuse of any kind is an issue. Most people don't know this fact and assume mom is a nut or drug addict.

The misinformation about how mothers end up without their children is unfortunate for the children mostly. They are the ones that end up hurting in the long run and grow up into hurting adults who go on to hurt others.

There's going to be a PBS documentary on how abusers gain custody of kids airing October 20th.

http://www.batteredmotherscustodyconference.org/
Breaking The Silence: The Childrens Stories chronicles the impact of domestic violence on children, the systemic failure of family courts across the country to protect children from their abusers, and the legal injustices encountered by protective parents.

Another good link is: Small Justice

More Suzanne Links: http://sanantoniolightning.com/dewalt5.html
Suzanne Speaks from jail: "I would ask him to trust in God..that..uh...I know God's got a plan...in all of this...and...uh not...not to lose his faith...and to know that his Mommy is here...and I love him... and I'm doing everything I can to help him ...(sobbing) and to be strong..."Hear the MP3

This really annoyed me....Mikes Family Speaks "Visitations were made difficult and at times impossible depending on Suzanne's mood. When we did have him it was such a joy." ====This is a flat out lie.=== Suzanne Never made visitations difficult. The only time I know that there was an issue was when she had summer visitation modified due to Jeremy's age. He was just 3 at the time I think and 6 weeks was a long time for a little guy to be away from home. So it was broken up into 2 week intervals. It was settled without going to court

I recall Suzanne's regrets that Mike did not take more of an interest in Jeremy and how he needed and wanted his father around more often. Funny how things get twisted and memories are selective.

Posted by mothersrights at 3:27 PM CDT

Updated: Friday, 25 November 2005 2:50 PM CST

It's funny how this article misleads people to believe that Mike had custody of Jeremy. Suzanne had been the custodial parent all along and Mike had little interest in seeing Jeremy on a regular basis until Suzanne accused Mike Dewalt of sexually abusing Jeremy. Then Suzanne was accused of being a vindictive crazy woman and lost custody of Jeremy.

I think she was accused of suffering from-MSBP-. The newest tactic used in court against protective parents (usually Mothers) since Richard Gardner took a bunch of pills and slit himself up with a knife, his PAS theory can't be taken seriously anymore.

A few psychologists and mediators have had their licenses suspended over utilizing the PAS theory.--THANK GOD--

It is commonplace for Mothers to lose custody in family courts in the US and in Texas especially for some reason. Judges seem to be extremely father biased here in hickville. About 85% of the time dad will get custody in a contested custody case and 90% of the time when abuse of any kind is an issue. Most people don't know this fact and assume mom is a nut or drug addict.

The misinformation about how mothers end up without their children is unfortunate for the children mostly. They are the ones that end up hurting in the long run and grow up into hurting adults who go on to hurt others.

There's going to be a PBS documentary on how abusers gain custody of kids airing October 20th.

http://www.batteredmotherscustodyconference.org/
Breaking The Silence: The Childrens Stories chronicles the impact of domestic violence on children, the systemic failure of family courts across the country to protect children from their abusers, and the legal injustices encountered by protective parents.

Another good link is: Small Justice

More Suzanne Links: http://sanantoniolightning.com/dewalt5.html
Suzanne Speaks from jail: "I would ask him to trust in God..that..uh...I know God's got a plan...in all of this...and...uh not...not to lose his faith...and to know that his Mommy is here...and I love him... and I'm doing everything I can to help him ...(sobbing) and to be strong..."Hear the MP3

This really annoyed me....Mikes Family Speaks "Visitations were made difficult and at times impossible depending on Suzanne's mood. When we did have him it was such a joy." ====This is a flat out lie.=== Suzanne Never made visitations difficult. The only time I know that there was an issue was when she had summer visitation modified due to Jeremy's age. He was just 3 at the time I think and 6 weeks was a long time for a little guy to be away from home. So it was broken up into 2 week intervals. It was settled without going to court

I recall Suzanne's regrets that Mike did not take more of an interest in Jeremy and how he needed and wanted his father around more often. Funny how things get twisted and memories are selective.

Posted by mothersrights at 3:27 PM CDT

Updated: Friday, 25 November 2005 2:50 PM CST

Note: Cross posted from [wp angelfury] A Human Rights Issue-Custodial Justice.

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