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Live Free Or Die?
By Zed McLarnon*
Elena Katz and
her family have been on-the-run from New Hampshire authorities for six
months. (See
www.YouTube.com Soviet Refugee American Refugee )
http://www.youtube.com/watch?v=mi6kD09BKqI Elena was arrested June
5, 2008 in Suffolk Superior Court, Boston Massachusetts on a falsely
issued New Hampshire bench warrant.
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Soviet defector goes on the run, compares US to USSR |
Elena was in
Suffolk Superior Court seeking an order to have
Joslin Diabetes Center release
her daughter’s medical record to her – the natural mother. NH
authorities contacted Joslin and ordered them to cease caring for
Elena’s diabetic daughter and deny Elena any medical records. Joslin
agreed, even though they are not under the jurisdiction of NH
authorities. Elena was in court on May 29th, but Joslin did not appear.
The judge told Elena to return on June 5th and, if Joslin didn’t appear,
he would issue the order.
Elena explained
to the judge that she had moved to Massachusetts six months ago, as NH
authorities had submitted false allegations of neglect in an attempt to
take custody of her child. Elena and her husband, Arnold, had discovered
that Timberlane School was locking their daughter in a closet all day
long and billing state and federal governments for “special education.”
The Katz’ filed and won a federal lawsuit in which the jury gave a
financial award to the Katz’ - on behalf of their minor daughter.
Timberlane School District officials told Elena they would “never give
up!”
DCYS (Child
& Youth Services) and
Timberlane School District filed several false allegations of
neglect and for years have been building a case to take custody of the
child.“Why” asked the judge. Elena explained that “NH would not have
to pay the jury award” to the Katz’ if they had custody of Elena’s
child. When the Katz’ realized that NH judges were rubber-stamping
orders for DCYS’ false allegations, they took their daughter and fled to
Massachusetts.
Elena explained
to the judge that they were no longer residents of NH when DCYS was
awarded custody and the bench order for their arrest was issued. The
judge said he “understood” and that she could come back on June 5th and
she would be in his jurisdiction and under his “protection.”
When Elena
appeared on the 5th, she was arrested and taken out of the courtroom in
shackles while the judge looked on smirking, seemingly entertained.
Elena was taken
to District 4 jail in Boston. Later that night, Elena attempted to call
me three times from jail. Each time the jail called –and charged me
$15.00 for each of Elena’s collect calls - the jail’s operator stated
that they couldn’t complete the call as my phone was “blocked.” As I
explained to the operator that my phone had no blocks on it, I heard a
guard take Elena out of the room. After Elena was out of hearing range,
the operator said, “We block all cell-phone calls.” It was obvious the
operator made the original statements to convince Elena there was
something wrong with my phone. She never intended to allow Elena to
speak with me.
Since then, no
visitors have been allowed to see Elena. She is cut off from her
husband, daughter, her lawyer and her friends in a fashion reminiscent
of her daughter being locked in a closet all-day – cut off from her
loving family and support system.
Elena’s
supporters have made calls to New Hampshire
Governor John Lynch’s
office to express outrage. Julia, Special Assistant for Citizen Services
in the Office of the Governor, said, "Constitutionally, Governor Lynch
cannot get involved with individual custody cases". And, “no review will
be done until a written complaint is received by the Office of Governor
and Attorney General Ayotte. Elena’s supporters explained “this is not a
custody case, but a case involving DCYS, which is an Executive agency
under the direct supervision and training of the Governor’s Office that
made false allegations of abuse to the court.
It was alleged
that Governor Lynch and Attorney General Ayotte are knowingly allowing
their constituents’ families -- such as the Katz’ -- to be destroyed for
federal funds, and allow NH schools to lock children in closets all day
as acceptable behavior. Their response was surprising albeit insightful,
“placing children in closets is an acceptable process of special
education.”
Ernie Ciccotelli,
Elena’s attorney, informed me that he, too, presented Elena’s medical
reports from Joslin Clinic, “their reports are in direct contrast to the
DCYS claims of diabetic neglect.” Attorney Ciccotelli also informed the
court that the Katz’ had moved out of the jurisdiction of DCYS and
Timberlane School District. “No one cared,” he said.
Attorney
Ciccotelli informed the judge that the child had been in the custody of
DCYS before under false allegations – and DCYS locked her in a closet
and neglected her medical care that she almost died on three occasions.
He pleaded to the judge that the child is “deathly afraid of state
authorities.” The judge, a state employee, didn’t care.
At this point who
knows what has happened to Arnold Katz and his daughter. Both depend on
Elena for their care and medical assistance. NH authorities have
deliberately cut off the daughter’s required medical supplies and again
put the child in medical distress, or worse – with the approval of
Governor Lynch and Attorney General Ayotte and carried out by agencies
who are trained by -- and responsible to -- Governor Lynch and Attorney
General Ayotte.
“Governor Lynch
and Attorney General Ayotte have an agenda that is based on money and
does not include making sure children in state care receive an education
or their required medical supplies,” said Katz family supporters.
“Federal money is the driving force here. Elena’s arrest almost insures
her daughter will go into insulin-shock, or worse.”
Governor Lynch
can be reached at (603)271-2121 (603)271-7680 (fax)
Email addresses
Gov.John Lynch
governorlynch@nh.gov
Atty.General Kelly Ayotte
kelly.Ayotte@doj.nh.gov
Governor's Council
gcweb@nh.gov
Chief Justice, NH Supreme Court (John Broderick)
jtb2@comcast.net
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Pro-Se
