Showing posts with label Kory Wright. Show all posts
Showing posts with label Kory Wright. Show all posts

Thursday, May 17, 2012

A case of Oregon child abduction, Kyron Horman and the news cycle

By Sean Cruz

Portland, Oregon—

An international child abduction case that originated in Oregon made the local news briefly yesterday and then vanished (just as the child had a year and a half ago) a victim of the news cycle, before the story could illuminate the several public policy issues related to parental, family and church-sponsored kidnappings that are the real story here.

Non-stranger abductions rarely make the news at all, although the US Department of Justice reports more than 200,000 cases taking place each year, with international abductions on the rise due to the corresponding increases in international marriages and child-producing relationships, and subsequent divorces and breakups. The convenience of international travel also plays a role.


I first heard of the Marenco case when a reporter from KOIN 6 contacted me around noon and asked for an interview. In her research, she had become aware of the abduction of my four children and Aaron’s Law, and wanted my comments on videotape for the piece they were going to run that evening. She sent me the Beaverton Police Department’s media release, the news team came over a couple of hours later, and we talked.

I told KOIN 6 that they were only the third news agency to contact me in the 16 years since my children were abducted: The Oregonian in 1996; OPB in 2005 after the passage of Aaron’s Law, and out of the blue, KOIN 6 today.

The media is rarely interested in reporting parental and family abductions, largely because law enforcement rarely acts, and there is so much else going on to fill the time or the page. After a day or two, a parental abduction story is old news if it was ever news at all.

As it turned out, competing local news stories swamped the day, the story was reported but too short to examine the issues, and time marches on…. Here’s the link to the broadcast:

http://www.koinlocal6.com/mostpopular/story/Custody-battle-ends-with-arrest-reunion/ZcMlOzw_UUKle5uv5qubxw.cspx

Had there been time, I would have wanted to discuss the first two issues I was curious about in the Beaverton PD press release.


The absence of the Oregon State Police caught my attention immediately, and the fact that the abducted child never made the Oregon State Police Missing Children Clearinghouse list despite the easily demonstrable fact that all of these other policing agencies had identified the child as abducted. That issue also bears examination.


In fact, the only child to make the OSP list in the past five years is Kyron Horman. This case also illustrates how difficult and painful child kidnappings are to resolve. The focus needs to be on deterrence.

I’ve written about the deficiencies of the OSP Clearinghouse in the past, in a piece titled “Oregon’s Museum of Missing Children and the child sex trade”, posted on The Oregonian’s blog in 2010:


http://blog.oregonlive.com/myoregon/2010/11/oregons_museum_of_missing_chil.html

The recovery of the abducted Marenco child required the cooperation of courts in Washington County and in New Zealand. The media release credits:

The following agencies/organizations have assisted the Beaverton Police Department with the Marenco case:

Interpol
US Department of State
US Customs and Border Protection
US Marshals Service
US Federal Air Marshals Service
US DHS-ICE Homeland Security Investigations
National Center for Missing and Exploited Children
Washington County District Attorney's Office
Washington County Sheriff's Office
Forest Grove Police Department
Government Agencies in New Zealand, Australia and Canada
San Francisco Police Department
San Mateo County Sheriff's Office

The National Center for Missing and Exploited Children was involved in the Marenco recovery, and a quick search there turns up a list of children abducted from Oregon that includes 17 children who are not listed on the OSP site. That's right, 17 children.


http://www.missingkids.com/

The discrepancies in the lists of missing kids indicate that the Oregon State Police is not involved in looking for any of them, and also illustrates how easily a parentally-abducted child can slip through the cracks.


The fact that so many agencies were involved in recovering the child from New Zealand demonstrates how difficult it is to recover a child abducted to a foreign nation (or to theocratic Mormon Utah), even if both nations speak English and have similar court systems.


These facts, and the finding by the 2004 Senate President’s Task Force on Parental and Family Abductions that child abduction by any person is child abuse, point to the need to enact policies that discourage people from abducting their own children, or a family member’s children, or through a church-sponsored shunning/abduction, in the first place.


That is precisely why Aaron’s Law is so important. Fear of prosecution and jail time is clearly not an effective deterrent, which explains the high numbers. The fact is that parental and family abduction cases are rarely prosecuted, and yet the child(ren) remain(s) missing.


Aaron’s Law takes a different approach to deterring and resolving child abductions, and with the passage of Senate Bill 1041, Oregon became the first and only state in the nation where child abduction creates a civil cause of action.


A deterrent can only be effective if the public knows it exists and, sadly, the KOIN 6 story fell short of that.


It is highly unlikely that Mr. Marenco was aware of Aaron’s Law before he took the child, but now he faces civil as well as criminal consequences under SB 1041, at Mrs. Marenco’s option, including counseling directed at educating Mr. Marenco to the harm his conduct is causing his own child.


Mr. Marenco will also have to answer to his son once he reaches adulthood, as would any other person or organization that aided or abetted the abduction.


Under Aaron’s Law, child victims have future recourse against any party who violated Oregon’s Custodial Interference I statute by participating materially in “taking, enticing or keeping” (the child) “from the child’s lawful custodian or in violation of a valid joint custody order.” Once the child victim becomes an adult, he or she will have three years to file the civil action.


These facts should encourage Mr. Marenco to stay on everyone’s good side for a long time, but all of this trouble, expense and pain might have been avoidable, if he had known the extent of his risk, and a reminder that child abduction by any person is abusive to the child.


This will take many news cycles to accomplish.

According to a Washington County judge, I have the Wisdom and the Moral Authority to speak on these issues:

http://www.blogoliticalsean.blogspot.com/2012/04/wisdom-and-moral-authority.html


Sunday, July 04, 2010

Parental abduction wisdom, pt 7: Complicated Grief and a Continuing Crime

By Sean Cruz

Portland, Oregon—

I began the Parental Abduction Wisdom series in 2009, but the subject was so painful that I had to step back after posting the sixth installment, “The Little Girl in the Blue Dress”, nearly a year ago.

Kidnappings are continuing crimes, however, and the damage to the Cruz family continues to mount with the passage of every minute of every day.

The present case involving the disappearance of 7-year-old Kyron Horman illustrates the concept of a continuing crime very clearly: the public generally understands that this child is just as kidnapped today as he was when he disappeared several weeks ago. The crime continues….

My experience, as the victim of a parental, family and Mormon kidnapping, has been entirely different. Few have understood the continuing nature of the crime, many have wondered at why I haven’t let the crime (and my children) go, and some have expressed frustration that I haven’t “moved on.”

I want to note here that each of my critics can pick up the phone and speak with their living children any time that they want to…and that none have experienced the disappearance of their child….

Before I saw the Oregonian article linked below, I had never heard of "complicated grief syndrome", but I realize that it attaches to cases of child abduction, like mine, which began with the abduction of my four children in a Mormon kidnapping.

Unlike deaths, time and aging bring no closure to kidnapping victims. There is no "coming to peace with it." Only the mending of the relationships can bring closure.

Kidnappings are "continuing crimes", meaning that the crime has a beginning but no end, not before the victims are reunited and the kidnappers see justice served.

I want Mormon kidnappers Kory and Chris Wright in particular to take notice of that last statement. The crime has no end. Justice…will…be…served!

So long as people believe that they will get away with abducting a child, they will do so. In the case of Mormon zealots like the Wrights, they will relish pulling off a child abduction, if the purpose is to absorb the child into their belief system.

More on this later.

I am reviving the Parental Abduction Wisdom series with this post. There is no end in sight.

Here is an excerpt from the Oregonian article on Complicated Grief Syndrome:

“We are built to love, biologically programmed to attach. To lose that relationship, as everyone does, is to meet sorrow.

“Early in grief, humans yearn for the one who died, until we recognize that search is futile. Psychiatrist M. Katherine Shear says this transformation occurs in the brain circuitry and we eventually come to peace. ‘Death is a part of life and we have the mechanisms to come to terms with it,’ says the Columbia University professor.

“But in the 1990s, Shear and other researchers realized that about 15 percent of the bereaved suffer ‘complicated grief,’ stuck in a loop of despair. Their longing for the loved one overcomes all other desires. They either avoid any mention of the dead or become totally preoccupied. They daydream about being together and have suicidal thoughts. Brain imaging shows their reactions differ from people who progress through the grieving process. Researchers want complicated-grief disorder and its treatment included in the 2012 American Psychiatric Association diagnostic manual.

“No one tracks how losing a young, healthy child in war can push parents and other survivors to suicide. Yet, complicated grief almost exclusively occurs after the loss of a person's closest, most rewarding relationships. Losing a beloved child is one of the most obvious risks, and losing an only child, greater still.

"’Debra wanted to be with Michael,’ George says, ‘Wherever he was.’"

The complete article is titled: " Measures of Sacrifice: Answering the call to military binds a patriotic Oregon family", here:
http://www.oregonlive.com/health/index.ssf/2010/07/measures_of_sacrifice_answerin.html

My heart goes out to this family.

Sunday, June 20, 2010

Father's Day 2010, child abduction and Aaron's Law

By Sean Cruz

Portland, Oregon--I last had a reason to celebrate Father’s Day 14 years ago, other than honoring my own father and grandfather, not since my four children disappeared into concealment in Mormon Utah in February, 1996.

Abducted children are never permitted to celebrate any memory honoring a left-behind parent, much less a holiday, and the day becomes radioactive for all its victims. No cards, letters, gifts or phone calls will get through in either direction.

Abducted children suffer the devastating loss of a parent, but are never permitted to mourn. My children were compelled to celebrate Father’s Day with a succession of three stepdads in three states, no trace memories of me or my family allowed.

The abducting parent, family members and other criminal associates involved in an abduction will work hard to destroy every emotional connection the child(ren) have to the left-behind parent, and with it any possibility of a normal childhood, of a normal life.

A kidnapping is a continuing crime, with lifelong consequences, and for many victims, like my son Aaron, life-ending consequences.

I have learned that I have a grandchild, name unknown, being raised in concealment in a Mormon enclave.

My son Aaron would have made someone a fine father, with his big heart and irrepressible good humor, had he been given the chance to live a normal life, to become a father himself.

I am working my way out of a five-year period of mourning the death of my son, and have begun preliminary work on the introduction of Aaron’s Law into the California State Assembly, gathering allies, planning, looking at legislative concepts that would increase the effectiveness of the law.

I have connected with the Polly Klaas Foundation and spoken with Marc Klaas,

Polly’s father and Founder of the KlaasKids Foundation. Both organizations are national leaders on the issue of child abduction. See for yourself here, and become aware of the issues at stake:

http://www.klaaskids.org/

http://www.pollyklaas.org/

Tuesday, October 27, 2009

Cruz kidnapper confrontation earns commendation from judge!

See you next year, judge rules!
By Sean Cruz


It took 14 years to get Kory Wright, the organizer of my children’s kidnapping, into a courtroom, and that drama played out today.

The courtroom opportunity took place as a result of my confrontation with this criminal in the lobby of the Vancouver Hilton Hotel, where I slapped him with a copy of Aaron’s Law, Oregon’s anti-kidnapping statute…

…bounced it right off of his face…, telling him: “Oregon’s Aaron’s Law was written for people like you, motherfucker. You are served!”

Kory Wright was asking for a permanent Order For Protection From Unlawful Civil Harassment, which would restrain me from entering or being within 250 feet of his home or of Columbia Ultimate, his place of employment.

The judge heard me out…you lose track of time in there…she listened to me explain the Order for Joint Custody that had protected my children for four years…

She listened to me describe how Kory Wright, motivated by his rabid Mormon zealotry, had violated that order and criminal statutes in three states, but there had been no investigation and the statute of limitations had run on those crimes….

The judge saw documentation detailing Kory Wright’s criminal conduct…there was no question about whether he violated the law or not, that was easy to show….

The judge heard me describe my history of work on the issue of parental and family abductions:

My testimony on Kory Wright’s criminal conduct before the Oregon Senate Judiciary Committee and the Joint Ways and Means Public Safety Committee in 2003….

My testimony on Kory Wright’s criminal conduct before the Senate President’s Interim Task Force on Parental and Family Abductions in 2004….

My assignment, as Senator Avel Gordly’s Chief of Staff, to lead her workgroup on Senate Bill 1041 in the 2005 legislative session….

My 2005 testimony on Kory Wright’s criminal conduct before the Oregon Senate Judiciary Committee, the Senate Rules Committee and the House State and Federal Affairs Committee….

The 2005 passage of Senate Bill 1041 on a unanimous House vote…the bill became known as Aaron’s Law after the death of my son….

I showed the judge a photograph of my family—my children and I—taken before the abduction, and a photograph of Oregon Governor Ted Kulongoski signing the bill into law with Aaron’s picture on his desk….

The judge asked me questions…What does Aaron’s Law do?...I described the law…explained that it provides an alternative to traditional criminal and family law procedures….

I described how both the criminal and family law systems had failed in response to the abduction of my children, and how common the problem is….

The judge asked me if there were any other legal avenues available regarding my quest for justice against Kory Wright (and the other criminals)….

I explained that custodial interference statutes have a 3-year statute of limitations, even if the children remain kidnapped, and that fact plus the inaction of law enforcement had allowed Kory Wright and the other criminals to escape justice.

I said that I had hoped that she would find Kory Wright’s conduct offensive and that she might order him jailed today on a perjury charge….

We discussed the fact that my “service” of Aaron’s Law on Kory Wright was an intentionally symbolic act, and not a legal process. I had not gone to the Hilton in order to get into a scuffle but to serve a document…there was a larger public purpose at stake.

I described my ongoing efforts to raise public awareness of the crime of abduction by persons known to the child or to members of the child’s family….

We talked about the Hilton confrontation. If he hadn’t smiled, I wouldn’t have thrown the envelope at him, I explained. He smiled, I threw it at his face….

After some deliberation, the judge handed down her order:

“Mr. Cruz, I see that you are an intelligent man, and I commend you for your work on these issues….”

She then ordered the Protective Order into effect until October 27, 2010.

Kory Wright protested…he was asking for a permanent order….

“You will have to file again next year”, the judge said.

Next case.

Looks like I will be seeing my children’s kidnapper again, this time next year….

I'll be seeing you, motherfucker...!

I wonder how soon/often he is planning to set foot in Oregon…home of Aaron’s Law…?

Wednesday, October 14, 2009

Triple-threat deterrence: How Oregon's Aaron's Law can prevent a kidnapping

by Sean Cruz

Portland, Oregon--With more than 200,000 US children suffering parental and family abductions every year, year after year, it is clear that current criminal and family law remedies are inadequate.

Far too often, people decide to abduct their own children (or, like Kory Wright, to take part in the abduction of someone else’s children), knowingly committing a criminal act, because they realize that they are likely to get away with it. They usually do.

Some 20% of parental and family abductions involve more than one perpetrator, and not all perpetrators are either family members or known to the child(ren).

Some abductions are impulsive or taken in haste. Others might be the result of much pre-planning, where the perpetrators coldly resolve well in advance to take a course of criminal conduct that will shatter the lives of their young victims.

Aaron’s Law fills key gaps, skirting both the criminal and family law processes to offer triple-threat deterrence, real reasons for many a would-be perpetrator to reconsider.

Oregon’s unique law also provides several new tools to resolve these soul-crushing conflicts where children are abducted by persons they love and trust.

Triple-threat deterrence

1. Under Aaron’s Law, the Court can immediately order the parties into counseling directed at educating the parties to the harm their actions are causing the children, and order them to pay the cost of the counseling.

2. Under Aaron’s Law, the Court can immediately assign a mental health professional and a legal advocate to protect the wellbeing of the children, and order the parties to the conflict to pay for these services as well.

3. Also under Aaron’s Law, both adult and child victims have recourse against
the perpetrators for special, general and punitive damages, for the cost of a life, for the loss of a future, for the destruction of a personality.

Had these provisions been in effect in 1996, my children would have been kept safe, and my son would still be alive today. There would have been no abduction.

Kory Wright would have been subject to Aaron’s Law, and this fact alone would have dissuaded him from organizing and perpetuating the crime. That’s the bottom line.


More on this later, to be sure….


I’ve written extensively about the kidnapping and Aaron’s Law in earlier posts on www.blogoliticalsean.blogspot.com and www.aaronslaw.blogspot.com

Link to Senate Bill 1041, Aaron’s Law:

http://www.leg.state.or.us/05reg/measpdf/sb1000.dir/sb1041.en.pdf

Monday, October 12, 2009

Oregon Governor Ted Kulongoski signed Aaron's Law with my son's photo on his desk



Chronology of Aaron's Law


In 2003, I testified to Kory Wright’s criminal involvement in the abduction of my children before the Oregon State Senate Judiciary Committee and the Joint Ways and Means Public Safety Subcommittee , about the “taking, enticing and keeping” of my children in violation of the Order for Joint Custody.

Also in 2003, Senate President Peter Courtney appointed the Interim Task Force on Parental and Family Abductions, which met in 2004 and reported its findings to the 2005 Oregon Legislature.

The blue-ribbon Abduction Task Force was co-chaired by Senators Avel Gordly and Frank Morse.

The Task Force included: Hon. Judge Maureen McKnight; former Senator John Minnis (Director of the Department of Public Safety Standards and Training); Liss Hart-Haviv of Take Root; Judy Hayes of the Oregon State Police, Missing Children’s Clearing House; Mickey Lansing of the Oregon Commission on Children and Families; Sybil Hebb of the Oregon Law Center; Madeline Olson of the Department of Human Services; Ronelle Shenkle of the Department of Justice; BeaLisa Sydlik of the Judicial Department; Patrick Callahan of the District Attorneys Association; and, Denise Washington of the Domestic Violence Coalition.

I testified before the Parental and Family Abduction Task Force in 2004.

Among its findings: “According to the U.S. Department of Justice, Office of Justice Programs, in 1999 an estimated 203, 900 children were victims of family abductions with 20 percent of the abductions involving more than one perpetrator. Although there are no numbers for Oregon regarding parental abductions (emphasis added), the Task Force is of the opinion that the rate of parental abductions in Oregon mirrors the rate for the country. In other words, there appear to be at least 5,000 parental abductions in Oregon every year. These abductions are illegal; they cause a tremendous amount of grief and anxiety for the parent or guardian with legal custody, and they cause immeasurable damage, both psychological and sometimes physical, to the abducted child.”

At the beginning of the 2005 legislative session, Senator Gordly tasked me with leading the workgroup on her Senate Bill 1041, which, after the death of my son, became known as Aaron’s Law.

In 2005, I testified on Senate Bill 1041 before the Senate Judiciary Committee and then before the Senate Rules Committee and the House State and Federal Affairs Committee, describing the multi-perpetrator criminal abduction of my children.

Aaron’s Law passed the Senate on a 26-3 vote and the House on a unanimous 59-0 vote as the 2005 legislative session came to an end.

Governor Ted Kulongoski signed the bill into law with Aaron’s picture on his desk.

In April, 2006, Aaron’s Law was among the featured sessions at “Out of the Frying Pan: Burning Issues in Access to Justice”, the Oregon Judicial Department and the State Family Law Advisory Committee’s fourth annual Family Law Conference.

Hon. Paul J. De Muniz, Chief Justice of the Oregon Supreme Court wrote:

“I am pleased to inform you that the State Family Law Advisory Committee is offering a workshop on parental abductions at its fourth Family Law Conference…. The curriculum for the workshop will include education on the nature of the problem, information about case studies from a practicing psychotherapist and two attorneys, information about Aaron’s Law (SB 1041), and existing statutory remedies in Oregon to enforce parenting plans and prevent abduction in the context of family law proceedings.”

Sunday, October 11, 2009

Sean Cruz's confrontation with his childrens' kidnapper moves to Clark County courtroom!

Portland, Oregon--

At long last,14 years after Kory Wright organized the disappearance of my four children, I will face him in a court of law, in the same building where my Order for Joint Custody had originated.

Korwin Jay Wright didn’t like being served with a copy of Aaron’s Law, Oregon Senate Bill 1041 (2005), and has filed for an Order for Protection, stating under penalty of perjury that “…I feel Mr. Cruz represents an immediate threat to me, my family and others.”

The kidnapper alleges that unlawful harassment has occurred.

The document states: “Unlawful harassment means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses, or is detrimental to such person and which serves no legitimate or lawful purpose.”

I’m glad that the subject of “a knowing and willful course of conduct” will be part of the discussion, because it describes Kory Wright’s years-long actions in violating the Order for Joint Custody that once protected my children and kept their lives orderly and secure.

I’m also open to discussion regarding whether the incident “serves no legitimate or lawful purpose.”

FYI, neither Kory Wright nor any member of his family is related in any way to my family or to my former wife’s family. His involvement in the kidnapping of my children was motivated by his own extremist religious views and enabled by his position in the Mormon church, which he used, violating a trust relationship, to further the kidnapping over a years-long period of time.

It is a felony under Oregon statute to “take, entice or keep” a child in violation of a valid joint custody order, which is exactly what Kory Wright did. There was never a police investigation, and he was never charged with the crime.

Technically, the immediate crimes he committed were Custodial Interference I and II, both serious felonies with penalties of up to five years in prison.

An investigation would have shown that Kory Wright became involved in planning the disappearance of my children and their concealment in Utah several months before the actual kidnapping took place.

If we were talking about a stolen load of lumber or a pallet of printers or a car theft operation, there would have been charges of conspiracy and other related crimes added to the docket, both state and federal, and all of the defendants in court….

But the System handles child abduction cases where a family member is involved differently from the way stranger kidnappings are handled, ignoring the roles non-family members play in carrying out the crimes, focusing on just the parents, which often obscures the real picture and allows criminal conduct to go unaddressed.

More than 200,000 US children suffer an abduction where a parent or family member is involved every year, year after year…the System fails to make a dent in the numbers.

Child abductions by any party are so heinous, so damaging to the children and so costly to the victims’ families that the best solution is to deter these kidnappings from happening in the first place.

Aaron’s Law offers new tools to deter and resolve child abduction by any parties.

Aaron’s Law is landmark legislation, unique in the nation, and I hope to see it enacted by every state in the USA.

The fact is that, without Kory Wright, my children would have never been abducted….

…which is why I stated, when I served him with SB 1041, that Aaron’s Law was written for him and for people like him….

Aaron’s Law creates a civil cause of action that can only be triggered by the commission of a serious criminal act, the violation (in Oregon) of Custodial Interference I and II.

If Aaron’s Law had been on the books in 1995, Kory Wright would have faced an immediate lawsuit and would have been liable for the damage he caused my family to suffer, including “Special and general damages, including damages for emotional distress; and punitive damages.”

His Mormon zealotry would have never been sufficient to motivate him to get involved in violating the Order for Joint Custody of a family he barely knew, not if it was going to cost him money.

More on this later….


The hearing will take place in Clark County District Court, 1200 Franklin Street, Vancouver Washington on October 16, 2009 at 9:00 a.m.

The public is invited.


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


I’ve written extensively about the kidnapping and Aaron’s Law in earlier posts on www.blogoliticalsean.blogspot.com and www.aaronslaw.blogspot.com

Link to Senate Bill 1041, Aaron’s Law:

http://www.leg.state.or.us/05reg/measpdf/sb1000.dir/sb1041.en.pdf

Tuesday, October 06, 2009

Sean Cruz confronts man who kidnapped his children

Portland, Oregon—Fourteen years ago, Kory Wright organized the kidnapping of my four children, and today I walked into the lobby of the Vancouver Hilton Hotel and slapped him in the face with a copy of Senate Bill 1041, Aaron’s Law.

I became aware that he would be present at the Columbia Ultimate conference today, October 6, and I drove there with dual intentions: to confront this person who had done such grievous harm to my family; and to raise awareness of the issue of child abduction by persons known to the child or the child’s family.

He looked at me quizzically as I approached him, and I asked him if he remembered who I was…he was unsure….

“My name is Sean Cruz. You kidnapped my children, motherfucker.”

He remembered who I was then, smirked a little, thinking back to how good it felt to cause my children to disappear from their Oregon homes into the mountains east of Ogden, Utah, near where Kory Wright was living.

“Oregon’s Aaron’s Law was written for people like you, motherfucker,” I said, and bounced the envelope right off of his face. “You are served!” That ended the smirking.

The entire confrontation lasted less than 30 seconds. I was careful to keep to my talking points:

1. I am Sean Cruz
2. You kidnapped my children (motherfucker)!
3. You ruined six lives: mine, my mother's (who died four years later without seeing or hearing from her grandchildren again), and my four children (Natalia, Aaron, Tyler and Allie)
4. Aaron's Law was written for you, and people like you (motherfucker)!

Those were my words to Kory Wright, Mormon zealot.

To be specific, when my children disappeared on February 12, 1996, my former wife drove them directly to the home of Chris and Kory Wright, who were living east of Ogden, Utah at the time. It was at the Wright home that my children were first concealed.

Then I walked out of the hotel and drove to the Vancouver Columbian where I spoke at length with a reporter, about child abduction in general and the kidnapping of my children in particular.

My essential point was that Aaron’s Law is designed to deter non-stranger abductions, but it cannot possibly serve as a deterrent if no one knows it exists, and the Oregon State Bar hasn’t produced a single lawyer who is conversant with either the law or the issue.

It is a felony to “take, entice or keep” a child in violation of a valid joint custody order, which is exactly what Kory and Chris Wright did, Mormon zealots that they are. There was never a police investigation, and they were never charged with the crime.

I’ve written extensively about the kidnapping and Aaron’s Law in earlier posts.

Tuesday, July 28, 2009

Parental abduction wisdom, pt 5: Oregon's anti-kidnapping law

By Sean Cruz

Portland, Oregon—Each year, according to the U.S. Department of Justice, more than 200,000 American children experience the trauma of abduction by a parent, a family member or other persons known to the victim.

Some children are abducted back and forth repeatedly, others disappear forever.

Existing state and federal laws have proven to be inadequate to deal with the problem, as the staggering numbers attest.

In all cases, the harm to the child victim is so severe that the best strategy is to prevent the abduction from taking place in the first place.

Aaron’s Law, Senate Bill 1041, passed by the Oregon legislature in 2005, is designed to provide relief to the victims of parental and family abductions and to deter parents from kidnapping their own children in the first place through financial and other sanctions.

Aaron’s Law is unique in the nation, bypassing the criminal and traditional family court approaches by creating a civil cause of action for the crime of custodial interference, which applies if the child is removed from the state of Oregon.

Aaron’s Law is named in memory of Aaron Cruz, who was abducted from Oregon along with his brother and two sisters in 1996 by his mother, other family members and several of their church associates, all members of the Church of Jesus Christ of Latter Day Saints (Mormon). Kory Wright, a Mormon zealot who is completely unrelated to any member of the Cruz family, led this group, which included David Holliday and Evelyn Taylor, Mormon officials in the Hillsboro area.

Aaron later died, essentially from long-term medical neglect, heartbreak and abandonment, alone in an empty house in Payson, Utah, where his mother had
taken him, concealed him and then left him behind.

Aaron’s Law operates as a deterrent to parental and family abductions by providing financial sanctions against all participants in the crime, those who “take, entice or keep” a child from the child’s lawful custodial parent or in violation of a joint custody order.

Aaron’s Law also operates as a deterrent by authorizing the Court to appoint legal and mental health professionals assigned to protect the child.

Aaron’s Law contains a provision authorizing the Court to require the parties to attend counseling sessions to understand the harm they are inflicting on their own children.

Aaron’s Law authorizes the court to assess the costs of the professional services to the perpetrators, an additional financial deterrent.

Aaron’s Law may apply to any Oregon child abduction occurring after the date the Governor signed the bill into law.

While this law applies only to children taken from the state of Oregon, it can serve as a model for other states.

Link to Aaron’s Law:

http://www.leg.state.or.us/05reg/measpdf/sb1000.dir/sb1041.en.pdf
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Coming next: Parental abduction wisdom, pt 6:

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Sean Cruz writes

Parental Abduction Law at http://www.parentalabductionlaw.blogspot.com
Oregon’s Aaron’s Law: Stop Parental Abductions at http://www.aaronslaw.blogspot.com

Blogolitical Sean at http://www.blogoliticalsean.blogspot.com

Thursday, July 23, 2009

Parental abduction wisdom, pt 3: The most dangerous kidnappers are parents

By Sean Cruz

Portland, Oregon--Parents who murder their own children shock us to the core, and cases of children abducted by strangers frighten us, move us to watch our children ever more closely. Children abducted by strangers are almost always murdered.

Both types of cases generate headlines, the shock and fright so central to who we are as human beings, the crimes so heinous, so alien to our souls, that they cut through all of the distractions, push even the news of the wars in Iraq and Afghanistan to the inner pages or behind the weathercast.

Recently, in the Portland Metro area alone, a mother threw her two small children off the Sellwood Bridge, drowning her son, a father in Hillsboro murdered his two children with a handgun, then turned it on himself, and a couple chose to watch their child suffer and die rather than seek the medical attention that would have saved her life.

These are parents—criminal parents—but they are by far not the only ones who use their position and power as parents to commit crimes against their own children.

Children are far more likely to be kidnapped by one of their parents than by a stranger, but those cases rarely generate interest from either the media or law enforcement.

Among the approximately 200,000 reports of child abductions that take place across the US each year, only about 100 are by strangers, by persons unknown to (you) or (your) child. The rest are by parents and other family members, and they all damage the child(ren).

We are all busy people, and if the media and the police don’t recognize a problem, don’t see a crisis situation unfolding in a particular case of a missing child, then no one else will, either.

“Experts say there is a perception among the public and law enforcement that children kidnapped by their parents are not endangered. After all, figures from the Department of Justice's Office of Juvenile and Delinquency Prevention show that only 4 percent of children abducted by their parents are physically harmed.”

See ABC News: The most dangerous kidnappers: parents

http://abcnews.go.com/US/story?id=91365&page=1

Some parents commit murder; some kill their children through criminal neglect; far too many others take their (your) child and disappear.

Children are most at risk of a parental or family abduction within the first five years following a divorce or separation.

My four children disappeared from Oregon 14 years ago in a kidnapping noted in The Oregonian’s August 1996 editorial “Say Yes for Kids”, published seven months after my kids were abducted. It was the only media attention the case ever generated, and it prompted no response from the police or from anyone else.

My son Aaron died later, essentially from long-term medical neglect, heartbreak and abandonment, alone in an empty house in Payson, Utah, where his mother had taken him and then left him behind.

The Oregon legislature passed Senate Bill 1041 (Aaron’s Law) in 2005, shortly after I buried my son, his arms covered with the scars of self-inflicted knife wounds, cuts he made in the months following the abduction, when he was largely under the control of Kory Wright, a Mormon zealot carrying out an old-fashioned Mormon shunning, which was the primary motive for the kidnapping.

Aaron’s Law is a landmark bill, first-in-the-nation legislation, providing both victims and Oregon courts more tools to resolve and prevent child abduction, recognizing the emotional and psychological harm that child victims suffer when kidnapped by persons they love and trust.

One of Aaron’s Law’s most important clauses authorizes the court to order counseling sessions directed at educating the parents to the harm that their conduct is inflicting on their own children.

Most parents understand the difference between what is harmful and what is not and can be fairly objective about it, but every now and then something like the Sellwood case or the Worthington case or the Hillsboro case surfaces and we are reminded that this fundamental essence of our humanity cannot be completely taken for granted.

It is far more common for a parent to kidnap a child than to commit murder, but both actions have permanent consequences.

If your ex kidnaps your child, you can expect to be utterly on your own. No one will help you look for or recover your child.

Time will pass, you will hear (or it will be unsaid) “Geez, that was years ago. You ought to move on….”

Eventually, people will forget you ever had a child.

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Coming next: Child abduction wisdom, pt 4: Parental kidnappings increasing, up 70%
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Sean Cruz writes Blogolitical Sean at www.blogoliticalsean.blogspot.com, and Oregon’s Aaron’s Law: Stop Parental Abductions at www.aaronslaw.blogspot.com

Tuesday, July 21, 2009

Parental abduction wisdom, pt 2: The police won't help you

by Sean Cruz

Portland, Oregon--There are strict laws on the books regarding child abduction, Oregon statutes that might serve as a deterrent to child-snatching were it not for their lax enforcement.

The non-enforcement of these laws has several causes, but the most important among them, and the most disastrous to a family severed by a kidnapping, lies in the attitudes of policing agencies, the legal profession and the courts towards the issue of parental and family abduction itself.

These attitudes shape what is possible in the real world, when your child vanishes with a family member or with the connivance of a family member.

Local law enforcement generally will not take your claim that your child was kidnapped seriously, and despite the fact that the 14th Amendment guarantees equal protection under the law, fathers are far less likely than mothers to see a priority status attached to a police report. They are going to assume that you, the father, did something wrong….

This fact alone shapes the attitudes of others (If the police aren’t concerned, why should I be?) and cuts your options down severely.

When your child disappears, the first thing you do is call 911, which brings a response of some sort from local law enforcement.

There is no statewide policy regarding how these cases are handled. It is all up to local law enforcement and the district attorney.

If you call the Oregon State Police or the FBI, they will refer you back to local law enforcement. Makes no difference if the child has been taken out of state. They will want to see a report from local law enforcement (which isn’t likely to be issued).

Under Oregon statute, in order to trigger the custodial interference laws that govern non-stranger kidnapping, one must demonstrate that the person intends to take the child “permanently, or for a protracted period of time.”

It may be clear to you that this is an actual kidnapping, clear to you that your ex will never willingly allow you to see your child again, but try telling that to the police.

They are going to want to wait, to see if either “permanently” or “protracted” takes place, even though there is no general agreement, no legal definition, on what these terms mean in terms of time, in terms of your life or your child’s life, which is slipping away….

Both terms can mean “forever.”

Parental and family abductions are the only crimes on the books with a built-in, open-ended waiting period.

If your ex stole your car, the police would be right on it, and they would haul in everyone who conspired to steal your car, and anyone who acted after the fact in a criminal capacity (more on this in a later post), and those people would be going to jail.

Despite the fact that my four children had been taken out of their schools and away from their home with me, in clear violation of a joint custody order, I was never interviewed by a detective.

In order to trigger an Amber Alert, you have to convince local law enforcement that a crime has taken place, and you need a physical description of the vehicle.

Shortly before she kidnapped my children, my former wife bought some kind of mini van, painted white. That’s all I knew, not enough information for an Amber Alert, and local law enforcement wasn’t going to look for my kids anyway.

At the time of the kidnapping, the Pacific Northwest was in the grip of a major storm, and many roads leading out of the Portland area were closed due to flooding, avalanches and downed power lines. I-84 eastbound and I-5 northbound were both cut by floods.

It seemed impossible that she could have driven anywhere, and it was unthinkable that she would have taken the kids out on the road in these hazardous conditions—but that’s exactly what she did.

Weeks passed by before I learned that my children’s abduction had been carefully planned and carried out by a group of Mormon church leaders living in three states, and I learned later still that they would stop at nothing to ensure that the abduction was permanent, and that their own roles in the crime would remain hidden (more on this in later posts).

If they had stolen any of my personal property, then the police would have gotten involved and my family would still be whole, my son alive today.

But all these criminals did was to cause my four children to disappear and conceal them in another state, and that leads to the issue of attitudes, for the laws are already on the books.


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Coming next: Child abduction wisdom, pt 3:

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Sean Cruz writes Blogolitical Sean at www.blogoliticalsean.blogspot.com, and Aaron’s Law at www.aaronslaw.blogspot.com

Tuesday, June 16, 2009

Some parents express their sickness by kidnapping their own children

By Sean Cruz

Susan Nielson's column in The Oregonian on the tragedy at Sellwood Bridge prompted me to post the following comments:

Some parents express their sickness in dramatic ways, by committing murder, by throwing their children off bridges, by drowning them like unwanted kittens.

Some parents express their sickness through neglect, with horrific results.

These cases command a great deal of attention, of public discussion, because they speak so directly to who we are as human beings, as parents ourselves.

The issues are clear, direct, and most of all, visible.

Other parents express their sickness in ways that are not so visible, not so easily understood, the legal issues may be cloudy, and with little physical evidence of the damage done to the child(ren).

These parents kidnap their own children and disappear, leaving nothing visible behind, no corpse, nothing for the media or the public to discuss, to care about.

My four children disappeared from Oregon 14 years ago in a kidnapping organized by Kory Wright, a Mormon zealot and an employee of Columbia Ultimate in Vancouver; the crime noted in The Oregonian’s August 1996 editorial “Say Yes for Kids.”

My son Aaron died in 2005, essentially from long-term medical neglect, heartbreak and abandonment, alone in an empty house in Payson, Utah, where his mother had taken him and then left him behind.

The Oregon legislature passed Senate Bill 1041 (Aaron’s Law) in 2005, shortly after I buried my son, his arms covered with the scars of self-inflicted knife wounds, cuts he made in the months following the abduction, when he was largely under the control of Kory Wright, a Mormon zealot carrying out an old-fashioned Mormon shunning.

Aaron’s Law is a landmark bill, first-in-the-nation legislation, providing both victims and Oregon courts more tools to resolve and prevent child abduction, recognizing the emotional and psychological harm that child victims suffer when kidnapped by persons they love and trust.

One of Aaron’s Law’s most important clauses authorizes the court to order counseling sessions directed at educating the parents to the harm that their conduct is inflicting on their own children.

Most parents understand the difference between what is harmful and what is not and can be fairly objective about it, but every now and then something like the Sellwood case surfaces and we are reminded that this fundamental essence of our humanity cannot be completely taken for granted.

It is far more common for a parent to kidnap a child than to commit murder, but both actions have permanent consequences.

On the day that this mother expressed her sickness by throwing her two small children off of the Sellwood bridge, I discovered a photograph posted on the internet that illustrates the sickness of a parent that kidnaps her own children:

The photograph is of a toddler, 18-24 months old is my guess. No name is posted.

The photograph tells me that somewhere in this world, I have a grandchild.

My grandchild’s very existence is a secret, the photograph confirming that this child will be raised in a web of lies.

Somewhere, a parent expresses her sickness through her grandchild, through my grandchild, and on to a second generation of victims.

www.aaronslaw.blogspot.com






http://www.oregonlive.com/news/oregonian/susan_nielsen/index.ssf/2009/05/the_tragedy_on_sellwood_bridge.html