Showing posts with label Aaron's Law and child abduction. Show all posts
Showing posts with label Aaron's Law and child abduction. Show all posts

Thursday, February 19, 2015

Oregon House of Representatives votes to remember Aaron Cruz forever



February 18, 2015

Shortly before the Oregon House voted to name ORS 30.868 "Aaron's Law", I saw former Governor Ted Kulongoski in the corridor, and he graciously signed this photo of himself signing Senate Bill 1041 into law ten years ago. SB 1041 was sponsored by Senator Avel Louise Gordly, standing beside the Governor in the photo.

A short time after Governor Kulongoski and I spoke, the House voted 59-0 to remember Aaron Cruz forever....



78th OREGON LEGISLATIVE ASSEMBLY--2015 Regular Session

House Bill 2603

Sponsored by Representative SMITH WARNER (Presession filed.)

SUMMARY

Provides that ORS 30.868, regarding civil damages for custodial interference, shall be known and may be cited as “Aaron’s Law.”

A BILL FOR AN ACT

Relating to citation of ORS 30.868.

Whereas during the 2005 regular session, the Seventy-third Legislative Assembly passed Senate Bill 1041, sponsored by Senator Avel Gordly, which became chapter 841, Oregon Laws 2005, and was codified as ORS 30.868; and

Whereas with the enactment of Senate Bill 1041, Oregon became the first state in the nation where abducting a child creates a civil cause of action; and

Whereas Senate Bill 1041 is the culmination of the work of the 2004 Interim Task Force on Parental and Family Abductions and of Senator Gordly’s chief of staff, Sean Aaron Cruz; and

Whereas Sean Aaron Cruz’s own four children disappeared from Oregon in 1996; and

Whereas Sean Aaron Cruz’s eldest son, Aaron Cruz, died in Utah in April 2005 as a consequence of the abduction, inspiring the Legislative Assembly to act on Senate Bill 1041; and

Whereas Senate Bill 1041 passed 26-3 in the Senate and 59-0 in the House of Representatives and was signed into law by Governor Theodore R. Kulongoski on September 2, 2005; and

Whereas Senate Bill 1041 is referred to as “Aaron’s Law” by members of the legal community, including presenters at the State Family Law Advisory Committee’s Family Law Conference; and

Whereas designating Senate Bill 1041 as “Aaron’s Law” is a fitting tribute to the memory of Aaron Cruz, whose death was not in vain; now, therefore,

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 30.868 shall be known and may be cited as “Aaron’s Law.”








Monday, November 17, 2014

The Last Christmas Eve – Deeper than the Core of the Earth

The Last Christmas Eve – Deeper than the Core of the Earth


The video is a home movie, documenting that the Cruz family existed: Grandmother Cruz, single dad Sean Cruz, and his four children. But Mormon zealots had other plans, and the children disappeared into Utah just six weeks later. The story of the abduction and the legislation that resulted begins here....







Tuesday, March 05, 2013

New child abduction bill in Oregon House


By Sean Aaron Cruz
March 5, 2013

Portland, Oregon

State Representative Alissa Keny-Guyer (D, Portland, House District 46) has introduced legislation calling for an Oregon State Police study of the issue of children abducted both from and to Oregon.

HB 2014 is the first legislation on the issue since the passage of Senate Bill 1041 (Aaron’s Law) in 2005.

Representative Keny-Guyer’s bill addresses the issue of parental, family and church-sponsored abductions in several important ways, and I want to underscore the fact that when your child disappears, every barrier and everything that delays or prevents the recovery of your child matters, every minute of every day matters, and it will matter for the rest of your and your children’s lives.

(1) HB 2014 calls on the Oregon State Police to report on “the chain of events that take place when a child is reported to law enforcement officials as missing by the parent, grandparent or legal custodian of the child.”

Under existing laws and practices, law enforcement and court officials ignore reports of missing/abducted children from grandparents and non-custodial parents.

Yet, all too often, children are abducted by family members in situations where the parents are still married or were never married, and thus there is no custody order.

And there are often cases where it is a grandparent who is actually raising the child(ren), but has no standing in court.

HB 2014 brings the whole of the child(ren)’s family into view, and asks the question, “What chain of events takes place….”

(2) HB 2014 calls on the Oregon State Police to report on “the chain of events that take place when a child is reported to law enforcement officials as having been brought to Oregon in violation of a lawful custody order issued by a court of competent jurisdiction in another state.”

There has been no prior study on this issue, what happens when a child is abducted from somewhere else and brought to Oregon.

(3) HB 2014 calls on the Oregon State Police to report on “any progress that has been made in conducting investigations” of children abducted to or from Oregon since the issuance of the final report of the 2004 Senate Interim Task Force on Parental and Family Abductions.”

The 2004 Senate Interim Task Force on Parental and Family Abductions built on prior work by the earlier Task Force on Family Law, which sought to reduce the incidence of divorce in Oregon.

Among the findings of the Task Force on Parental and Family Abductions was the shocking realization that no state agency knew the number of non-stranger child abduction cases occurring in Oregon, because no one tracks them. The Oregon State Police made promises to the legislature in 2005 that they would do so in the future.

The 2004 Task Force on Parental and Family Abductions laid the groundwork for Senate Bill 1041 “Aaron’s Law” in 2005. With the passage of SB 1041, Oregon became the first state in the nation where abducting a child (violating the Custodial Interference I statute) creates a civil cause of action.

Aaron’s Law provides parents of abducted children with new tools to deter and resolve cases where parents or family members or members of a church congregation engaging in a shunning have abducted a child in the state of Oregon.

Here is the full text of HB 2014:


77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

House Bill 2014
Sponsored by Representative KENY-GUYER; Representatives BARTON, GARRETT, KRIEGER

SUMMARY

Requires  Department  of  State  Police  to  conduct  study  on issues related to abduction of children. Directs  department  to  report  results  of  study  to  interim 
committees  of  Legislative  Assembly  related to  crime  on  or  before 
November  1,  2014. Sunsets January 2, 2015.

Declares  emergency,  effective  on  passage.

A BILL FOR AN ACT

Relating  to  the  abduction  of  children;  and  declaring  an  emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) The Department of State Police shall conduct a study of:
(a) The chain of events that take place when a child is reported to law enforcement officials as missing by the parent, grandparent or legal custodian of the child;

(b) The chain of events that take place when a child is reported to law enforcement officials as having been brought to Oregon in violation of a lawful custody order issued by a court of competent jurisdiction in another state;

(c) Investigation procedures related to violations of ORS 163.245 and 163.257; and

(d) Any progress that has been made in conducting investigations described in paragraphs (a) to (c) of this subsection since the issuance of the final report of the 2004 Senate Interim Task Force on Parental and Family Abductions.

(2) The department shall report the results of the study to the interim committees of the Legislative Assembly related to crime on or before November 1, 2014.

SECTION 2. Section 1 of this 2013 Act is repealed on January 2, 2015.

SECTION 3. This 2013 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2013 Act takes effect on its passage.

__________

Link to Representative Keny-Guyer’s web page:


__________


Oregon Governor Ted Kulongoski signed Senate Bill 1041 (Aaron’s Law) with my son’s picture on his desk in 2005




Monday, October 29, 2012

Aaron's Law in statute: ORS 30.868


Are your children and grandchildren protected from parental, family, church-sponsored or other non-stranger abductions? Only if the child(ren) is(are) abducted from Oregon.

Talk to your legislators and Congressional delegation. Here is the model legislation:

30.868 Civil damages for custodial interference; attorney fees. (1) Any of the following persons may bring a civil action to secure damages against any and all persons whose actions are unlawful under ORS 163.257 (1)(a):

http://www.leg.state.or.us/ors/030.html






Tuesday, November 22, 2011

On child abuse, Mormonism, Mitt Romney, the Penn State Scandal and the People of the Lie

By Sean Cruz

Portland, Oregon—

That Jerry Sanduski loved to play grabass naked with children not much taller than his crotch in the Penn State athletic department showers (he calls it “horsing around) is not in dispute. Nor is the fact that many adults had some awareness of Sanduski’s “problem”, and kept silent or otherwise minimized his criminal conduct in order to protect their own careers and their respective institutions, Penn State mostly, but the web of guilt and the repercussions will not end there.

The combination of power, greed, vast sums of money and valuable perks, an organization that commands and rewards loyalty in a climate of religious fervor, and a culture financially and otherwise dependent upon the public stature of iconic individuals and the continuation of fabricated legends, has led to this end.

Religious fervor and sports zealotry are very similar, and how individuals think and act within institutions that strive to increase levels of fervor and zealotry (and the financial rewards that ensue) within its manufactured belief system exactly alike. Where do people exhibit more raw, emotional zealotry as a group than in church or sports settings?

The behavior of Penn State as an institution and as a collective of individuals in the Sandusky scandal is similar to that exercised by the Mormon Church and its TBMs “True Believer Mormons” as everyday practice, as the norm. This explains in large part why the mock-Christian sect is so secretive, shielding itself from scrutiny concerning the rampant domestic and child abuse so thoroughly ingrained in its white-male-dominant, female-submissive culture.

In his book “People of the Lie”, examining the psychology of evil in everyday life and in how the roles of individuals within groups operate in such situations, Dr. Scott Peck called these persons exactly that, the People of the Lie, describing a mechanism he termed “the fragmentation of conscience.”

“Whenever the roles of individuals within a group become specialized, it becomes both possible and easy for the individual to pass the moral buck to some other part of the group. In this way, not only does the individual forsake his conscience but the conscience of the group as a whole can become so fragmented and diluted as to be nonexistent…The plain fact of the matter is that any group will remain inevitably potentially conscienceless and evil until such time as each and every individual holds himself or herself directly responsible for the behavior of the whole group—the organism—of which he or she is a part.”

The coming legal process will reveal the names of many whose inaction, while not strictly criminal, served to enable the continuation of heinous crimes against defenseless children fallen into the Penn State-Sandusky orbit. We will learn the identities of those who kept a lid on clear evidence of child abuse in order to protect the system and their place in it. The investigation will follow both the money and the amorality and cowardice.

The same processes were at work in the Mormon abduction and long-term abuse of my four children, in the series of crimes that took place beginning in 1995, when the kidnapping was planned, and after February 12, 1996, the day my children vanished into Mormon enclaves in remote areas of Utah.

Mormon officials, bishops and the like, in three states were criminally involved in the abduction, and that fact created powerful incentives to protect themselves, each other, and their institution once the kidnapping had become a fact. Like at Penn State, these were crimes of great shame, and reputations and prison sentences were at stake, and thus the People of the Lie conspired to sustain a kidnapping, and the systematic abuse of four innocent children.

Bob Schaeffer had these words to say on the Penn State scandal, in his commentary on Face the Nation, broadcast November 13:

“It is hard to believe that anyone who had an inkling of what was going on at Penn State did not understand its significance… As the Catholic church learned, when protecting the institution is put ahead of those it is intended to serve, it is eventually the institution that is put at risk. That is unfortunate, but let us remember those the institution forgot, the victims, children who may have been scarred for life (italics added).

“They deserve to know that those who wronged them and those who knew about it are being brought to justice; and, yes, that includes the icons.”

There were Mormons who knew in advance that my children were to be abducted, and there were Mormons who became involved later, that worked to protect the first group, and thus themselves, as the crimes metastasized through the church organizations, all well aware of the significance of their actions, these People of the Lie.

To deliberately cause a child to lose a beloved parent, a beloved grandparent, is an act of child abuse as cruelly destructive as any other form, and has lifelong consequences. Each of the perpetrators understood this fact perfectly well, and would have considered the treatment that they were happy to give the Cruz children as child abuse were it applied in their own families. They were knowingly People of the Lie.

And thus, I will identify them, as I have many times over the years, again in this essay. Lifetime consequences for the victims must be balanced by lifetime consequences for the perpetrators; even if they are never brought to justice, their conduct must be brought out into the open and kept there, as both punishment and deterrent.

The statue of limitations has probably long expired over many of the Sandusky crimes, as it has for the crimes of child abuse perpetrated in the Mormon kidnapping of the Cruz children. The passage of Senate Bill 1041, named after my late son Aaron Cruz, whose death is directly attributable to the abuse and isolation he endured during his years in Mormon captivity, did not pose any threat of justice against his abusers. The law applies only to those cases that originated after its passage in 2005.

These People of the Lie, complicit in the Mormon kidnappings, individually and institutionally, often acting in their official LDS capacity, and bearing a share of responsibility in the death of my son Aaron, include:

Kory and Chris Wright; bishop Donald Taylor; bishop David Holiday, Evelyn Taylor, Tony Micheletti, Cynthia Anderson, Steve Nielson, Ben and Gina Foulk, Barry and Connie Dunford, Edwin Poyfair, James Rulli, and others whose names I do not know or who escape recall at this writing.

The presidential aspirations of Mitt Romney is bringing new attention to Mormonism and how the church operates, how it controls its members, particularly women and children, who have no real power in the organization.

The fragmentation of conscience is far more potent a path and cover for evildoing in the Mormon church than it is in collegiate sports, as would be expected in any secret society.

Although his campaign portrays him very effectively as a businessman and a moderate (despite his crazy talk on the stump), Mitt Romney, a former bishop, is a product of the Mormon institution, and the social values of the church are the only place where he can be counted on to have a core, the loci of his few absolute values.


“As bishop, Romney exercised great power over his congregation. Besides appointing staff members, from the local church librarian to choir master, he interviewed people in the congregation to determine fealty to the church. He decided who could carry a ‘recommend,’ a physical card that serves as proof of a person’s good doctrinal standing and suitability to enter the sacred temples. --“In Boston, Mitt Romney ‘evolved’ in Mormon leadership, some churchwomen say”, By Jason Horowitz, The Washington Post

Mr. Horowitz delved into the “evolution” of Romney’s attitudes toward the place of women (it’s in the home), concluding that he shares the Mormon church’s antipathy towards independent-minded women.

These temple recommends are an effective tool for keeping the people in line, and any Mormon who commits an act of child abuse is sure to lose it and much more, should the crime become known.

Therein lies the incentives and the path for child abuse, Mormonism, Mitt Romney, Penn State, the Cruz kidnappings and the People of the Lie….

----------------

http://www.washingtonpost.com/politics/campaigns/in-boston-mitt-romney-evolved-in-mormonleadership-some-churchwomen-say/2011/11/17/gIQAMOoWjN_story.html

Monday, October 10, 2011

On Mitt Romney and the Mormonism controversy

by Sean Cruz

Portland, Oregon--

My four children disappeared into Utah in a Mormon abduction more than 15 years ago.


Mormon officials in three states conspired to abduct and conceal my kids in a series of remote Mormon enclaves in order to immerse them in a completely Mormon environment, despite an order for joint custody.


Oregon's landmark 2005 kidnapping law is named "Aaron's Law" after my late son Aaron Cruz, who died in Payson, Utah. Aarons Law is designed to remedy several common failures of the criminal and family law systems in preventing and resolving cases of child abduction.


Mormons divide the world into "Members" (Mormons) and "Non-Members" (everybody else), and they carry a huge thin-skinned “Us vs Them” persecution complex that influences their relationships with non-members unlike any mainstream religion in America.


Mormonism’s essential tenets put it at odds with every branch of Christianity on the planet, along with the Mormon doctrine that every other church or belief system is fundamentally evil.


If your child marries into the Mormon church, you can say goodbye to any plans you ever had to see your child’s wedding. The Mormon notion of the family unit and their willingness to sever families based on their membership status should be part of this public policy discussion.


Personally, I’m glad Romney’s in the race. The more people understand the ins and outs of Mormonism, the more will reject it. Bring it on, Mitt!

Sunday, August 07, 2011

Fundamentalist Mormon Warren Jeffs and LDS Hell on Earth

by Sean Cruz

Portland, Oregon--

Mainstream Mormons may not grow their own child brides like Warren Jeffs, but Mormon zealots can be just as dangerous, and a non-Mormon has little chance to find justice in Utah (read Mormon) courts.

My four children disappeared into Utah in a Mormon abduction more than 15 years ago, eventually suffering life under a series of three Mormon step dads in three states.

My late son Aaron Cruz died in his mother’s empty house in Payson, Utah, from “undetermined causes”, and a phalanx of Mormon lawyers hired by 5th-husband Ben and Gina Foulk, who now live a country-club, Rotary life in El Dorado Hills and Cameron Park, California, are determined to keep it that way, with the circumstances of his death unknown and uninvestigated.

My son Aaron Cruz is memorialized in Oregon's landmark anti-parental-and-family-kidnapping Senate Bill 1041 "Aaron's Law", passed in 2005.

Oregon is still the only state in the nation that offers its children this level of protection from parental and family or other non-stranger kidnappings. Under Aaron's Law, taking any abducted child out of the state of Oregon creates a civil cause of action, and you should really think hard about how you want to protect your child from abduction by religious zealots, your ex or any other criminal.

Thursday, August 04, 2011

Mormon mystery company slips a million mystery bucks to Mitt Romney

Mormon mystery company slips a million mystery bucks to Mitt Romney and then dissolves, recalling the pre-Watergate era of secret campaign finance.

From the Huffington Post:

“A mystery company that pumped $1 million into a political committee backing Mitt Romney has been dissolved just months after it was formed, leaving few clues as to who was behind one of the biggest contributions yet of the 2012 presidential campaign.

“The existence of the million-dollar donation — as gleaned from campaign and corporate records obtained by NBC News — provides a vivid example of how secret campaign cash is being funneled in ever more circuitous ways into the political system.

“The company, W Spann LLC, was formed in March by a Boston lawyer who specializes in estate tax planning for “high net worth individuals,” according to corporate records and the lawyer’s bio on her firm’s website.

“The corporate records provide no information about the owner of the firm, its address or its type of business.

“Six weeks later, W Spann LLC made its million-dollar donation to Restore Our Future — a new so-called “super PAC” started by a group of former Romney political aides to boost the former Massachusetts governor’s presidential bid. It listed its address as being in a midtown Manhattan office building that has no record of such a tenant.

“The Boston lawyer, Cameron Casey, dissolved the company on July 12 — two weeks before Restore Our Future made its first campaign filing of the year reporting the donation from the now-nonexistent company, the corporate records show.

“I don’t see how you can do this,” said Lawrence Noble, the former general counsel of the Federal Election Commission, when asked about the contribution from the now defunct company.

“Last week, Restore Our Future filed its first report of 2012, disclosing that it had received $12.2 million during the first six months of the year. Among the contributors: four donors who contributed $1 million apiece, including John Paulson, the Wall Street hedge fund kingpin who made billions betting against the housing market, and two corporate partnerships listed at the Provo, Utah, address of Steven J. Lund, a former chief executive of Nu Skin Enterprises and a longtime Romney backer who has been a leader in the Mormon Church.

Read the complete article here:



Sunday, June 05, 2011

Mormon abduction, self injury and lousy medical care

By Sean Cruz

Portland, Oregon—

Self injury became an issue for me when I learned that my son Aaron had been cutting himself with a knife during his captivity in Utah, the victim of a Mormon abduction, his despair and loneliness so intense that he would carve deep wounds into his beautiful arms, like the girl in this story in Indian Country Today:

“When she was 14 years old and living in a boarding school in Arizona, Alex Exendine cut her forearms with everything from broken mirrors to scissors to cope with her grief. The Lakota teen from the Pine Ridge Indian Reservation had lost her best friend to a brain tumor, and the grandmother who helped raise her died shortly after.

“’I was so lonely,” Exendine told the Rapid City Journal. “I just never thought anyone understood how I felt.”

“Now 19, Exendine shared her struggle and how she overcame self-injury with Indian leaders and medical experts at the self-injury prevention conference "Wakanyeja Ihawicakta Pi, Looking Out for Our Children: a Cultural Learning Opportunity on Self-Injury Prevention” in Rapid City, South Dakota from May 12-13.

“Exendine told the Journal that her internal suffering and bottled feelings led to physical self-harm. “I felt like I had no emotions anymore,” she said. “I started cutting and I’d at least feel something.”

I first saw the knife-wound scars on my son’s arms while he lay comatose in Payson, Utah, in 2005, stared at them for much of the five days he lay there unresponsive. And then the doctors pronounced him dead.

They looked like those in the illustration, except Aaron’s were all above the elbow, on both arms. Deep, wide scars as much as four inches long. Many scars were laid across other earlier scars, indicating that this behavior had gone on for a prolonged period of time.

I counted 15 large scars.

Abducted children get lousy medical care.




Learn about how Alex Exendine overcame the urge to self-mutilate; see the complete article and illustration by Marty Two Bulls at Indian Country Today here:

http://indiancountrytodaymedianetwork.com/2011/06/more-than-skin-deep-indian-leaders-address-self-injury-prevention/

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





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.

Monday, December 06, 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 02, 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….


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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.