Showing posts with label Montana CPS. Show all posts
Showing posts with label Montana CPS. Show all posts
Tuesday, December 11, 2012
Corrupt Montana County Attorney Bernie Cassidy RUINS Lives with No Accountability. Make a Stand, Give Voice To Victims. Bernie Cassidy MUST be Held Accountable for His Actions. File Criminal Complaints, Start a Blog, Publish Documents, Speak OUT. Stand up for Each Other. do the Right Thing. Lincoln County Montana Corrupt County Attorney Bernie Cassidy is Destroying Families, Violating Civil Right and Endangering Lives.
"Dear Crystal,
I originally wrote this letter to Montana State attorney general. Rather than rewrite eh whole thing I am just forwarding on to you. It says what it needs to say. I am badly in need of some kind of help here.
Bernie Cassidy is about to eat me alive in court and I've lost my kids entirely thanks to this loser. Lost my kids to a man who already tried to kill them based on testimony that is not fact but is allowed into court without need for evidence and judged upon me as fact.
This man cares not for my kids lives. HELP!! My kids are going to die eventually. I'm facing jail time or worse. Please feel free to call me or write me or both.
Thanks,
Laura Glover
I am writing in sincerest hopes that this letter will make it through to you. I am a mother of two boys, ages seven and eight, Tristan and Robby respectively. We are located in Libby, MT. I left my boys father in 2008 because of his alcoholism and verbally abusive nature. I was with him for eight and a half years prior, in which I tried my hardest to make things work. When I left him, I stayed in Libby two years trying to find a job. Libby has one of the highest unemployment rates in our beautiful state sadly.
There are no jobs, or so few jobs and so many people in line hoping to be hired. One is lucky to find work at all here. So after two years of not being able to find work I did the next best thing and relocated to Washington State where I grew up because I knew I could find something there.
I did find full time work there eventually. My ex, my kids dad, hasn’t worked in around seven years now. He says he does, he rakes leaves and shovels snow for a few people and calls that good. He does not make enough to support the kids in the least, and lives off his mother. He won’t find work, isn’t even looking. During all this a custody battle ensued. Around a year ago we went to court for the interim parenting plan. The courts ruled in his favor even though I proved I was the more financially stable, mentally fit and better parent.
No, I don’t really know why the court ruled in his favor that being said. Let me give you a background on my ex, his name is Brant. He is diagnosed with Borderline Personality disorder, which isn’t technically borderline anything. Rather it is a mental illness all of its own. With symptoms of uncontrollable anger and irrational emotions. He should be diagnosed with schizophrenia, but won’t discuss that he hears voices to his doctor.
He is a cutter, not of the high school variety. He still does it, and in fact has “Fuck you” and “Robby and Tristan” carved into his upper thighs. He has scars up and down his arms, crisscrossing. He is suicidal and has been committed to the state hospital on multiple occasions. He is an alcoholic who has had multiple DUI’s throughout the years.
One of those DUI’s, December 28th, 2006 our youngest son was in the Suburban with him when he got arrested for that DUI. It was not in the police report that Tristan was in the car seat in the back, I don’t know why. But Brant was pulled over that specific time for driving in the other lane. Yes, Brant drives drunk with our kids regularly.
Brant has threatened to kill my younger brother with a baseball bat filled with sharpened nails. Hand sharpened by Brant. He has threatened to beat my Dad up. He stalked me and would take pictures of me when I was out and about. I have, in fact, had three restraining orders against him in the past. In my initial argument about the parenting plan, I said “These things that occur in pattern, will continue to occur in pattern and as the set pattern of the past will get progressively worse. His next step is hurting someone else” which happened to be the kids. No one listened to me.
On March 3rd, 2012 Brant had an episode. The kids had gotten sick and he blamed his mom of poising them. He threw away the food the kids were eating and went into a rage. He smashed things around the house and head butted his large fish tank causing a gash on his forehead. He told the kids goodbye that they were never going to have to go to school again and cut Robby on the wrist.
His mother made sure to tell the family members to keep it hush hush that Brant had a knife at all, so that he wouldn’t get in trouble for it. (This isn’t the first time she has done this.) Brant was arrested that night for fighting with his family member, no knife was reported.
A week later my sons went to visit my parents. They told their Grandparents what had happened and my Dad called me. I called cps and spoke to Bob Webber, he said he would take pictures and do what was necessary. I called the cops who refused to take a statement, twice, saying that they thought it was coerced. Really??! So no cops heard my sons statements. Brant was in jail so I went and got my kids. I was allowed to take them out of state being that I lived out of state.
After I had the kids with me for about a week Bob Webber, of cps, said that it was the safety plan for the kids to be with me. I made sure to have a witness to this conversation. And she is willing to testify for me of this fact. I can provide any other documents needed in this case, so you can review it.
Anyhow, Brant gets out of jail and reports that I broke the parenting plan by keeping the kids from him. (Remember, I was told that it was the safety plan for them to be with me.) The county attorney, Bernard Cassidy, contacts my attorney, Charles Sprinkle, and asked about the reported custodial interference. My attorney said to Mr. Cassidy that he had personally heard the children’s statements and they were certainly not safe with Brant to please investigate this matter further, to get the facts.
Mr. Cassidy said he would and we heard nothing for some time. My boys and I were doing awesome in Washington during this. They were well taken care of, in school, loved and never cut off from any family member.
In fact I bought them both cheap cell phones and put all immediate family members on speed dial so they had absolute freedom to call any family member as they chose. Which they did frequently, at least several times a day. Then around the end of May, out of the blue and completely without warning I heard that there was a warrant for my arrest for custodial interference. They wanted me to return the kids to their Dad and turn myself in immediately.
I called and spoke with Mr. Cassidy and told him that I was under instructions from Bob Webber of cps to keep the children. He said that did not matter. I told Mr. Cassidy that he said he would investigate this matter further, he told me he investigated me only and called me a criminal. He said Brant’s Mother had more parental rights than me. I said that was not legal unless I had been proved unfit. He said a judge can do whatever he wants. (I recorded this conversation, legally. I would love to provide you a copy of it.)
This conversation ended with me near tears telling Mr. Cassidy that my kids dad tried to hurt my kids and this county was making it ok. I asked how he was going to guarantee my kids safety, he said he couldn’t. I am so ashamed this man works for this county. I am even more ashamed that any of my tax dollars may go to his salary. Mr. Cassidy did not care in the slightest that my son had been cut on the wrist. He didn’t care when I asked him what he would say to me if Brant finished the job next time.
This man, Mr. Cassidy, is in a position of trust. Our citizens rely on him to do a fair and complete job. To be passionate about his work because that’s what he has to be to make a difference. And most of all people trust this man to protect them and their family members. All these things he does not do or does a horrible job of. His seat needs to be vacated so someone capable of performing the tasks he refuses to can take the seat.
Someone who is capable of doing the job Mr. Cassidy WILL NOT DO! So anyhow, I went to jail for custodial interference. We just went back to court for the permanent parenting plan. Once again the judge rules in Brant’s favor. He did not care either that Robby had been cut on the wrist by his Dad.
I am now allowed one hour twice a week of supervised visitations. I don’t get to see them on Christmas, Thanksgiving, or any major holidays. I get them for a two hour block on Mothers day, and their birthdays and that is it. Thank you Libby Montana. This is how you protect my children!!! I am told to pay child support (Yay, I get to support Brant’s drinking habit now! This money will NEVER go to the kids. Not when their Dad can spend it on beer.)
I am told to pay court costs for Brant and all fees for both Brant AND his mother flying to California, where I was when I was arrested. Basically, in short the parenting plan reads that I only briefly get to see the children and I am supposed to pay, pay, pay…… Wow, I honestly have lost ALL faith in Libby through this. In fact, I want to move as soon as I am able. I am not a bad parent. Let me give you some of my background. I am 32, I have a few things on my record from when I was a teenager. But I grew up and left the wild child days in the past. I work hard, I support myself and my children, I don’t drink, I am mentally sound. I am a good mother who adores my kids and promotes them to have a healthy childhood. I want Brant to get help, psychological help and stick with it!
My hopes are that someday he can somehow be a healthy part of the kids lives. As for now I don’t want him to be alone with them. He has episodes at least once a week. He’s going to hurt the kids, he will harm them.
Why won’t anyone here listen to me? How many times throughout history has someone said that something was going to happen, maybe a husband killed a wife and she said prior that she was in danger, or other incidences. It happens all the time. Someone cries for help that their in danger and gets ignored, and that person ends up dead. This is and has been my cry for help.
My kids will someday end up dead at the hands of their dad. Someone needs to listen. Please, please be the one. Because in truth, all those who have chosen to ignore this issue are as guilty as if they’d help the knife to my sons wrist as well. Complacency in preventing crimes causes crimes! Thank you for your time. I hope this has reached you so that you have heard, but not just heard…. HEARD.
This town has done a poor job caring for my children’s safety and well being. You’re campaign commercials boast that you protect children. This is why I chose to write you. And I promise, if you do just that you have my vote. Not only that you will have my vote for any future endeavors you commence.
You say you protect children, prove it, protect mine from their death sentence passed down in the name of “justice”. It is a horrible travesty that the judges that sit on the seat and the callous cops who wouldn’t take my sons statements, and the cps worker who decided he didn’t believe my children are allowed to do these things and name them justice. It scars the very word to call anything so complacent “justice”. Please look into this matter and do what no one else has done. Protect my beautiful little men.
Thank you,
Laura Glover"
"Please feel free to share my story. She was an invaluable support to me. I know you aren't an attorney. I also know that you are awesome publicising such things as this. I need some of that publicity if I have any hope of fighting cassidy. I'm scared. My trial date is jan 24th. Cassidy will destroy me if he can. He hates me for the same reason he hates you and mary, we're a danger to him. I will definitely start a blog tomorrow and send you the link.
And I appreciate the help immensly. It is people such as you and mary and the wonderful friends in my life who have supported me that have kept shining a light for me in the proverbial dark hole that libby put me in. I am a great writer, artist and such and any way I can possibly help you in our joint causes I would be more than honored to do so.
I feel god has led me to this place because I'm meant to help others in fact, I want to become an attorney and work on a purely pro bono basis to fight for others in similar situations. I want you to know, I stumbled across your blogs randomly one day in my search for some relief. I was soooo excited that day. You arfe a stgrong and brave woman! I completely commend you, hats off to you lady! As I've said I am a very intelligent individual as well as multi talented. Use me please, I feel god leading me in this direction. Thanks again. :) -Laura"
Corrupt Montana County Attorney Bernie Cassidy RUINS Lives with No Accountability. Make a Stand, Give Voice To Victims. Bernie Cassidy MUST be Held Accountable for His Actions. File Criminal Complaints, Start a Blog, Publish Documents, Speak OUT. Stand up for Each Other. do the Right Thing. Lincoln County Montana Corrupt County Attorney Bernie Cassidy is Destroying Families, Violating Civil Right and Endangering Lives.
"Dear Crystal,
I originally wrote this letter to Montana State attorney general. Rather than rewrite eh whole thing I am just forwarding on to you. It says what it needs to say. I am badly in need of some kind of help here.
Bernie Cassidy is about to eat me alive in court and I've lost my kids entirely thanks to this loser. Lost my kids to a man who already tried to kill them based on testimony that is not fact but is allowed into court without need for evidence and judged upon me as fact.
This man cares not for my kids lives. HELP!! My kids are going to die eventually. I'm facing jail time or worse. Please feel free to call me or write me or both.
Thanks,
Laura Glover
I am writing in sincerest hopes that this letter will make it through to you. I am a mother of two boys, ages seven and eight, Tristan and Robby respectively. We are located in Libby, MT. I left my boys father in 2008 because of his alcoholism and verbally abusive nature. I was with him for eight and a half years prior, in which I tried my hardest to make things work. When I left him, I stayed in Libby two years trying to find a job. Libby has one of the highest unemployment rates in our beautiful state sadly.
There are no jobs, or so few jobs and so many people in line hoping to be hired. One is lucky to find work at all here. So after two years of not being able to find work I did the next best thing and relocated to Washington State where I grew up because I knew I could find something there.
I did find full time work there eventually. My ex, my kids dad, hasn’t worked in around seven years now. He says he does, he rakes leaves and shovels snow for a few people and calls that good. He does not make enough to support the kids in the least, and lives off his mother. He won’t find work, isn’t even looking. During all this a custody battle ensued. Around a year ago we went to court for the interim parenting plan. The courts ruled in his favor even though I proved I was the more financially stable, mentally fit and better parent.
No, I don’t really know why the court ruled in his favor that being said. Let me give you a background on my ex, his name is Brant. He is diagnosed with Borderline Personality disorder, which isn’t technically borderline anything. Rather it is a mental illness all of its own. With symptoms of uncontrollable anger and irrational emotions. He should be diagnosed with schizophrenia, but won’t discuss that he hears voices to his doctor.
He is a cutter, not of the high school variety. He still does it, and in fact has “Fuck you” and “Robby and Tristan” carved into his upper thighs. He has scars up and down his arms, crisscrossing. He is suicidal and has been committed to the state hospital on multiple occasions. He is an alcoholic who has had multiple DUI’s throughout the years.
One of those DUI’s, December 28th, 2006 our youngest son was in the Suburban with him when he got arrested for that DUI. It was not in the police report that Tristan was in the car seat in the back, I don’t know why. But Brant was pulled over that specific time for driving in the other lane. Yes, Brant drives drunk with our kids regularly.
Brant has threatened to kill my younger brother with a baseball bat filled with sharpened nails. Hand sharpened by Brant. He has threatened to beat my Dad up. He stalked me and would take pictures of me when I was out and about. I have, in fact, had three restraining orders against him in the past. In my initial argument about the parenting plan, I said “These things that occur in pattern, will continue to occur in pattern and as the set pattern of the past will get progressively worse. His next step is hurting someone else” which happened to be the kids. No one listened to me.
On March 3rd, 2012 Brant had an episode. The kids had gotten sick and he blamed his mom of poising them. He threw away the food the kids were eating and went into a rage. He smashed things around the house and head butted his large fish tank causing a gash on his forehead. He told the kids goodbye that they were never going to have to go to school again and cut Robby on the wrist.
His mother made sure to tell the family members to keep it hush hush that Brant had a knife at all, so that he wouldn’t get in trouble for it. (This isn’t the first time she has done this.) Brant was arrested that night for fighting with his family member, no knife was reported.
A week later my sons went to visit my parents. They told their Grandparents what had happened and my Dad called me. I called cps and spoke to Bob Webber, he said he would take pictures and do what was necessary. I called the cops who refused to take a statement, twice, saying that they thought it was coerced. Really??! So no cops heard my sons statements. Brant was in jail so I went and got my kids. I was allowed to take them out of state being that I lived out of state.
After I had the kids with me for about a week Bob Webber, of cps, said that it was the safety plan for the kids to be with me. I made sure to have a witness to this conversation. And she is willing to testify for me of this fact. I can provide any other documents needed in this case, so you can review it.
Anyhow, Brant gets out of jail and reports that I broke the parenting plan by keeping the kids from him. (Remember, I was told that it was the safety plan for them to be with me.) The county attorney, Bernard Cassidy, contacts my attorney, Charles Sprinkle, and asked about the reported custodial interference. My attorney said to Mr. Cassidy that he had personally heard the children’s statements and they were certainly not safe with Brant to please investigate this matter further, to get the facts.
Mr. Cassidy said he would and we heard nothing for some time. My boys and I were doing awesome in Washington during this. They were well taken care of, in school, loved and never cut off from any family member.
In fact I bought them both cheap cell phones and put all immediate family members on speed dial so they had absolute freedom to call any family member as they chose. Which they did frequently, at least several times a day. Then around the end of May, out of the blue and completely without warning I heard that there was a warrant for my arrest for custodial interference. They wanted me to return the kids to their Dad and turn myself in immediately.
I called and spoke with Mr. Cassidy and told him that I was under instructions from Bob Webber of cps to keep the children. He said that did not matter. I told Mr. Cassidy that he said he would investigate this matter further, he told me he investigated me only and called me a criminal. He said Brant’s Mother had more parental rights than me. I said that was not legal unless I had been proved unfit. He said a judge can do whatever he wants. (I recorded this conversation, legally. I would love to provide you a copy of it.)
This conversation ended with me near tears telling Mr. Cassidy that my kids dad tried to hurt my kids and this county was making it ok. I asked how he was going to guarantee my kids safety, he said he couldn’t. I am so ashamed this man works for this county. I am even more ashamed that any of my tax dollars may go to his salary. Mr. Cassidy did not care in the slightest that my son had been cut on the wrist. He didn’t care when I asked him what he would say to me if Brant finished the job next time.
This man, Mr. Cassidy, is in a position of trust. Our citizens rely on him to do a fair and complete job. To be passionate about his work because that’s what he has to be to make a difference. And most of all people trust this man to protect them and their family members. All these things he does not do or does a horrible job of. His seat needs to be vacated so someone capable of performing the tasks he refuses to can take the seat.
Someone who is capable of doing the job Mr. Cassidy WILL NOT DO! So anyhow, I went to jail for custodial interference. We just went back to court for the permanent parenting plan. Once again the judge rules in Brant’s favor. He did not care either that Robby had been cut on the wrist by his Dad.
I am now allowed one hour twice a week of supervised visitations. I don’t get to see them on Christmas, Thanksgiving, or any major holidays. I get them for a two hour block on Mothers day, and their birthdays and that is it. Thank you Libby Montana. This is how you protect my children!!! I am told to pay child support (Yay, I get to support Brant’s drinking habit now! This money will NEVER go to the kids. Not when their Dad can spend it on beer.)
I am told to pay court costs for Brant and all fees for both Brant AND his mother flying to California, where I was when I was arrested. Basically, in short the parenting plan reads that I only briefly get to see the children and I am supposed to pay, pay, pay…… Wow, I honestly have lost ALL faith in Libby through this. In fact, I want to move as soon as I am able. I am not a bad parent. Let me give you some of my background. I am 32, I have a few things on my record from when I was a teenager. But I grew up and left the wild child days in the past. I work hard, I support myself and my children, I don’t drink, I am mentally sound. I am a good mother who adores my kids and promotes them to have a healthy childhood. I want Brant to get help, psychological help and stick with it!
My hopes are that someday he can somehow be a healthy part of the kids lives. As for now I don’t want him to be alone with them. He has episodes at least once a week. He’s going to hurt the kids, he will harm them.
Why won’t anyone here listen to me? How many times throughout history has someone said that something was going to happen, maybe a husband killed a wife and she said prior that she was in danger, or other incidences. It happens all the time. Someone cries for help that their in danger and gets ignored, and that person ends up dead. This is and has been my cry for help.
My kids will someday end up dead at the hands of their dad. Someone needs to listen. Please, please be the one. Because in truth, all those who have chosen to ignore this issue are as guilty as if they’d help the knife to my sons wrist as well. Complacency in preventing crimes causes crimes! Thank you for your time. I hope this has reached you so that you have heard, but not just heard…. HEARD.
This town has done a poor job caring for my children’s safety and well being. You’re campaign commercials boast that you protect children. This is why I chose to write you. And I promise, if you do just that you have my vote. Not only that you will have my vote for any future endeavors you commence.
You say you protect children, prove it, protect mine from their death sentence passed down in the name of “justice”. It is a horrible travesty that the judges that sit on the seat and the callous cops who wouldn’t take my sons statements, and the cps worker who decided he didn’t believe my children are allowed to do these things and name them justice. It scars the very word to call anything so complacent “justice”. Please look into this matter and do what no one else has done. Protect my beautiful little men.
Thank you,
Laura Glover"
"Please feel free to share my story. She was an invaluable support to me. I know you aren't an attorney. I also know that you are awesome publicising such things as this. I need some of that publicity if I have any hope of fighting cassidy. I'm scared. My trial date is jan 24th. Cassidy will destroy me if he can. He hates me for the same reason he hates you and mary, we're a danger to him. I will definitely start a blog tomorrow and send you the link.
And I appreciate the help immensly. It is people such as you and mary and the wonderful friends in my life who have supported me that have kept shining a light for me in the proverbial dark hole that libby put me in. I am a great writer, artist and such and any way I can possibly help you in our joint causes I would be more than honored to do so.
I feel god has led me to this place because I'm meant to help others in fact, I want to become an attorney and work on a purely pro bono basis to fight for others in similar situations. I want you to know, I stumbled across your blogs randomly one day in my search for some relief. I was soooo excited that day. You arfe a stgrong and brave woman! I completely commend you, hats off to you lady! As I've said I am a very intelligent individual as well as multi talented. Use me please, I feel god leading me in this direction. Thanks again. :) -Laura"
Thursday, July 19, 2012
Randy Wilson Lyme Disease Cover up and Spousal Neglect Case: CPS Cathy Spenser, Montana Human Rights Act, HIPAA Violations - Randy Wilson Interbel CEO Eureka Montana.
More Regarding the Case of Small Town Telephone Cooperative in Montana, CEO Randy Wilson of Interbel Coop and the case of spousal neglect, child neglect, cruelty and destitution of his ex-wife Mary Wilson. Randy Wilson has caused years upon years of cruel suffering and duress of Mary Wilson, and to this day she is threatened by County Attorney Bernie Cassidy as to locking her in a mental institute, all because she wants to see her children and because Dr. Stein of Prompt Care in Eureka Montana seems to have mis-diagnosed Rocky Mountain Tick and Lyme Disease.
One Woman, paying the price of a massive cover up of Rocky Mountain Tick, Lyme Disease in humans in Montana and the massive amount of corruption standing behind those in power. Montana CPS, Montana Judges, County Attorney Bernie Cassidy, Judge Ted O. Lympus, North Valley Hospital, Interbel Coop, and more, now involved in the Randy Wilson case. The facts speak for themselves, however as many of us know well, the TRUTH is down right Criminal in the State of Montana.
Here is More from Mary Wilson regarding the Randy Wilson Case.
"Randy was charged 11-13-08 w/ Discrimination and HIPPA violations, he was
represented by Darrel S. Worm, Attorney, the Attorney for the Nurturing
Center! - Randy's personality disorder - narcissistic power and control
issues - are not only part of his family life, this is PROOF it adversely
affects even his profession/business!
Re: Human Rights Bureau Case No. 0071012467
Case No. 1243-229 Gordon v. Interbel Telephone Coop./Randy Wilson, Manager
Gordon represented by Gary D. Seaman, Seaman Law Firm.
Randy, General Manager of Interbel, represented by Darrell S. Worm, Ogle &
Worm, PLLP.
The deposition testimony of Serban Ionescu, M.D., Michael Newman, M.D was
made part of the evidentiary record. -
DANIEL - Michael Newman, MD, is the psychiatrist I went to for a Psych Eval.
on December 2, 2007, with proof that I didn't have Munchasuen's - he said,
"Mary, you have all the proof in the medical records, that is all you need,
you just need a good attorney." I asked Dr. Newman to testify on my behalf,
he said - "Mary I can't do that, and I don't need to see you anymore." Dr.
Newman is on staff with Kalispell Regional Medical Center (Dr. Stein) and
North Valley Hospital (Dr. Reeb), because he is on staff with KRMC he could
not ethically testify against a physician on his own staff under the same
corporate attorneys.
ISSUES
The key issues are whether Interbel (Randy) illegally discriminated against
Gordon in employment because of his disability and what reasonable meansures
the department should order to restify the harm Gordon suffered and to guard
against further discrimination.
22. Wilson did not follow Interbel's policy No. 511 (HIPPA Compliance
Policy). There is no credible evidence that Wilson considered the policy,
or took any action to comply with the policy in his efforets to ascertain
Gordon's condition or in his decision to terminate Gordon's employment for
refusing to provide the unfettered access to Gordon's medical information
which Wilson requested.
23. Wilson offered no credible explanation for this failure and refusal to
follow Interbel's HIPPA policy. His rationalization at hearing (that
handling the whole matter himself, he thought he was better ensuring
Gordon's privacy) is utterly unconvincing. Wilson ignored the written policy
and required that Gordon provide a sweeping release, in addition to
undergoing an independent evaluation, with all information to be provided to
Wilson, Gordon's immediate supervisor. It is absurd to propose that such a
procedure wouls better ensure Gordon's privacy than Interbel's written
poolicy, and it appears on its face that the information Wilson demanded
exceeded the information Interbel was entitled to obtain under HIPPA and
under its own policies and procedures.
24. There is no evidence that either Wilson or Gordon, in their
interactions, made any reference to Interbel's HIPPA policy, let alone that
they discussed it together. Intervbel's policy governs Interbel's conduct,
not the conduct of the employee whose privavcy is at issue. Wilson, rather
than Gordon, had the obligation to reference and follow the policy.
Interbel has not presented any credible evidecne, let alone any substantial
credible evidence, of any legitimate business reason for treating Gordon's
privacy in a significantly different and more adversarial fashion that that
required by Interbel's HIPPA policy.
26. Counsel for Gordon (Seaman) notified Wilson that Gordon refused to
provide Wilson with more extensive access to his medical records, and was
not required to sign the medical authorization.
30. Interbel's attorney (Worm), sent a letter to Gordon affiarming that
Gordon's failure to authorize release of his medical records was the
immediate reason for Interbel's termination of Gordon's employment.
33. Had Inteerbel complied with it own HIPPA policies and obtained mroe
limited medical information than Wilson requested, Wilson could havehad the
informaiton necessary to make a proper deceision about further
accommodation. As a result, Gordon would have continued to receive his pay
after Interbel's receipt of Dr. Ionescu's letter. Thus, Gordon lost his
salary and benefits, as well as suffering substantial emotional distress, as
he described credibly at hearing, which was more distressing that it would
otherwise have been because Interbel terminated him improperly, out of
discriminatory animus, and with undue haste.
35. Had Randy followed Interbel's own policeis, no illegal discrimination
would have occurred in this matter. Therefore, the conditions upon
Interbel's future conduct relevant to this particular kind of disability
discrimination and the reasonable measures necessary to correct this
discriminatory practice are, in addition to a mandatory injunction, an order
requiring Interbel to submit to the Human Rights Bureau a plan for training
of its management team, including specifically its manager, regarding HIPPA
privacy requirements (including Montana statutory and regulatory
requirements) as well as applicable state and federal employment disability
law, generally for HRB review, thereafter revising and/or then implementing
that plan as HRB may direct.
DISSCUSSION
SUMMARY
Interbel fired Gordon because he refused to give unfetttered access to his
medical records to his supervisor as demanded, in violation of Interbel's
own medical privacy procedures. Gordon was an otherwise qualified
individual with a disability. Interbel failed and refused to accommodate
him by appropriately considering a further leave of absence. After he
decided to fire Gordon, Interbel received a medical report indicating
Gordon could not return to work for 3 to 6 months. Damages because of
Grodon's discriminatory discharge from to are -
A. Interbel Unlawfully Discrimination against Gordon.
Coffman v. Niece (1940), 110 Mont. 541, 105 P. 2d 661.
Montana law prohibits discrimination against an employee because of
disability. Mont. Code Ann. 49-2-303(1) (a). A disability is a physical or
mental impairment that substantially limits one or more of a person's major
life activities, or a record of such an impairment, or a condition regarded
as such an impairment. Mont. Code Ann $49-2-101(19)(a).
One Woman, paying the price of a massive cover up of Rocky Mountain Tick, Lyme Disease in humans in Montana and the massive amount of corruption standing behind those in power. Montana CPS, Montana Judges, County Attorney Bernie Cassidy, Judge Ted O. Lympus, North Valley Hospital, Interbel Coop, and more, now involved in the Randy Wilson case. The facts speak for themselves, however as many of us know well, the TRUTH is down right Criminal in the State of Montana.
Here is More from Mary Wilson regarding the Randy Wilson Case.
"Randy was charged 11-13-08 w/ Discrimination and HIPPA violations, he was
represented by Darrel S. Worm, Attorney, the Attorney for the Nurturing
Center! - Randy's personality disorder - narcissistic power and control
issues - are not only part of his family life, this is PROOF it adversely
affects even his profession/business!
Re: Human Rights Bureau Case No. 0071012467
Case No. 1243-229 Gordon v. Interbel Telephone Coop./Randy Wilson, Manager
Gordon represented by Gary D. Seaman, Seaman Law Firm.
Randy, General Manager of Interbel, represented by Darrell S. Worm, Ogle &
Worm, PLLP.
The deposition testimony of Serban Ionescu, M.D., Michael Newman, M.D was
made part of the evidentiary record. -
DANIEL - Michael Newman, MD, is the psychiatrist I went to for a Psych Eval.
on December 2, 2007, with proof that I didn't have Munchasuen's - he said,
"Mary, you have all the proof in the medical records, that is all you need,
you just need a good attorney." I asked Dr. Newman to testify on my behalf,
he said - "Mary I can't do that, and I don't need to see you anymore." Dr.
Newman is on staff with Kalispell Regional Medical Center (Dr. Stein) and
North Valley Hospital (Dr. Reeb), because he is on staff with KRMC he could
not ethically testify against a physician on his own staff under the same
corporate attorneys.
ISSUES
The key issues are whether Interbel (Randy) illegally discriminated against
Gordon in employment because of his disability and what reasonable meansures
the department should order to restify the harm Gordon suffered and to guard
against further discrimination.
22. Wilson did not follow Interbel's policy No. 511 (HIPPA Compliance
Policy). There is no credible evidence that Wilson considered the policy,
or took any action to comply with the policy in his efforets to ascertain
Gordon's condition or in his decision to terminate Gordon's employment for
refusing to provide the unfettered access to Gordon's medical information
which Wilson requested.
23. Wilson offered no credible explanation for this failure and refusal to
follow Interbel's HIPPA policy. His rationalization at hearing (that
handling the whole matter himself, he thought he was better ensuring
Gordon's privacy) is utterly unconvincing. Wilson ignored the written policy
and required that Gordon provide a sweeping release, in addition to
undergoing an independent evaluation, with all information to be provided to
Wilson, Gordon's immediate supervisor. It is absurd to propose that such a
procedure wouls better ensure Gordon's privacy than Interbel's written
poolicy, and it appears on its face that the information Wilson demanded
exceeded the information Interbel was entitled to obtain under HIPPA and
under its own policies and procedures.
24. There is no evidence that either Wilson or Gordon, in their
interactions, made any reference to Interbel's HIPPA policy, let alone that
they discussed it together. Intervbel's policy governs Interbel's conduct,
not the conduct of the employee whose privavcy is at issue. Wilson, rather
than Gordon, had the obligation to reference and follow the policy.
Interbel has not presented any credible evidecne, let alone any substantial
credible evidence, of any legitimate business reason for treating Gordon's
privacy in a significantly different and more adversarial fashion that that
required by Interbel's HIPPA policy.
26. Counsel for Gordon (Seaman) notified Wilson that Gordon refused to
provide Wilson with more extensive access to his medical records, and was
not required to sign the medical authorization.
30. Interbel's attorney (Worm), sent a letter to Gordon affiarming that
Gordon's failure to authorize release of his medical records was the
immediate reason for Interbel's termination of Gordon's employment.
33. Had Inteerbel complied with it own HIPPA policies and obtained mroe
limited medical information than Wilson requested, Wilson could havehad the
informaiton necessary to make a proper deceision about further
accommodation. As a result, Gordon would have continued to receive his pay
after Interbel's receipt of Dr. Ionescu's letter. Thus, Gordon lost his
salary and benefits, as well as suffering substantial emotional distress, as
he described credibly at hearing, which was more distressing that it would
otherwise have been because Interbel terminated him improperly, out of
discriminatory animus, and with undue haste.
35. Had Randy followed Interbel's own policeis, no illegal discrimination
would have occurred in this matter. Therefore, the conditions upon
Interbel's future conduct relevant to this particular kind of disability
discrimination and the reasonable measures necessary to correct this
discriminatory practice are, in addition to a mandatory injunction, an order
requiring Interbel to submit to the Human Rights Bureau a plan for training
of its management team, including specifically its manager, regarding HIPPA
privacy requirements (including Montana statutory and regulatory
requirements) as well as applicable state and federal employment disability
law, generally for HRB review, thereafter revising and/or then implementing
that plan as HRB may direct.
DISSCUSSION
SUMMARY
Interbel fired Gordon because he refused to give unfetttered access to his
medical records to his supervisor as demanded, in violation of Interbel's
own medical privacy procedures. Gordon was an otherwise qualified
individual with a disability. Interbel failed and refused to accommodate
him by appropriately considering a further leave of absence. After he
decided to fire Gordon, Interbel received a medical report indicating
Gordon could not return to work for 3 to 6 months. Damages because of
Grodon's discriminatory discharge from to are -
A. Interbel Unlawfully Discrimination against Gordon.
Coffman v. Niece (1940), 110 Mont. 541, 105 P. 2d 661.
Montana law prohibits discrimination against an employee because of
disability. Mont. Code Ann. 49-2-303(1) (a). A disability is a physical or
mental impairment that substantially limits one or more of a person's major
life activities, or a record of such an impairment, or a condition regarded
as such an impairment. Mont. Code Ann $49-2-101(19)(a).
Disability discrimination includes failing or refusing to make accommodations (that
would not be an undue hardship for the employer) for an otherwise qualified
employee. Mont. Code Ann. #49-2-101(19) (B). Since Grodon was such a
person, Interbel's decision to fire him for refusing unfettered access to
his private health information without attempting reasonable accommodation
was unlawful disability discrimination.
1. Post Traumatic Stress Disorder Can Cause a Disability Under Montana
Law.
Montana has no statutory exclusion form the general definition of disabilityfor post traumatic stress disorder. Post Traumatic Stress is a mental or
physical impairment under the Americans with Disability Act. See 42 U.S.
C. #12114(a) In the Analysis section of the regulations implementing Title
I of the ADA, the E.E.O.C. commented that disabled employees "includ(e)
those disabled by Post Traumatic Stress, 56 Fed. Reg. #
il lationrtgions im
Montana amende3d tis Human Rights act to confirm to the language of the ADA
in 1993. House Bill 496, laws of Montana 1993, Chapter 407, see Preamble
and Section 3. In conforming the Human rights Act to the ADA, Montana
presumably adopted the existing federal interpretations and applications of
the existing ADA provisions, including existing regulations addressing Post
Traumatic Stress as a disability in . On the other hand, Montana
did nhot necessarily adopt the regulations and court decisions issued after
the effective date of the Montana amendments. Subsequent federal precedent
can provide guidance when there are substantive similarities in the laws and
also in the public policy considerations and there is not controlling
Montana law, Betterfield v. Siodney Pub. Scho., 2001 MT 177, 306 Mont. 179,
32 P.3d 1243; and, Hafner v. Conoco, Inc. (1994) 268 Mont. 396, 886 P.2d
947, 950-51.
The dismissal would have been affirmed if the Montana Human Rights Act
permitted adverse employment and education action against a worker due to
Post Traumatic Stress. The Montana Supreme Court has a "longstanding
practice of affirming a trial court's result, even if that result was basedon incorrest reasoning." Nelson v. State 34, 2008 MT 336 Mont. P3d ;
citing Inre Truyst B (In re Will of Dunham), 19, 2008 MT 153, 343 Mont. 240,
184 P.3d 296 and W.F. Band v. Talmage Saucier v. McDonald's
Rest., Estate of Voey de
The Court would have affirmed the dismissal even if the state of
limitations defense was inapplicable, since without a potentially valid
claim of discrimination because of PTSD the result - dismissal - would be
been correct even if the reason was wrong. Powell is a clear indication
that Montana will follow the federal approach, as it should, under its
Human Rights Act.
2 Under Applicable Precedent, Mary's Lyme, Fraud and False Accusations of
Munchasuen's by proxy, Delusion/Somatorm-type in violations of the 1st,
2nd, 43th, 5th, 6th, 8th, 9th and 14th Amendments and (ADA) law, while
recipients of Federal financial assistance, Christy, a minor under (ADA)
Title I, II (504) Rehabilitation, Medicaid and Food Stamps while victims of
Domestic Violence, denied their rights to legal counsel and guardian ad
litems, with sudden removal and detainment of her daughters by law
enforcement in violation of Child Protective Services Investigation
September 15, 2006 of: No Concerns of Harm, Unsubstantiated, File Closed; in
violation of Family Court Servcies' own policies and procedures, the
improper state-mandated Agency/Duty of Authority to investigate
abuse/neglect of minor children, further, in violation(s) of HIPPA (without
a Court Order to access their protected health information, as required by
law in a Court proceeding), further, in violation(s) of the 4th (unlawful
search and seizure of protected health information without a Court Order and
unlawful search and seizure of minor children in violations of FCSs' own
policies and procedures (improper state-mandated Agency to investigate
abuse/neglect of minor children and recommend immediate removal by law
enforcement), in violations of the 14th Amendment (due process) -
would not be an undue hardship for the employer) for an otherwise qualified
employee. Mont. Code Ann. #49-2-101(19) (B). Since Grodon was such a
person, Interbel's decision to fire him for refusing unfettered access to
his private health information without attempting reasonable accommodation
was unlawful disability discrimination.
1. Post Traumatic Stress Disorder Can Cause a Disability Under Montana
Law.
Montana has no statutory exclusion form the general definition of disabilityfor post traumatic stress disorder. Post Traumatic Stress is a mental or
physical impairment under the Americans with Disability Act. See 42 U.S.
C. #12114(a) In the Analysis section of the regulations implementing Title
I of the ADA, the E.E.O.C. commented that disabled employees "includ(e)
those disabled by Post Traumatic Stress, 56 Fed. Reg. #
il lationrtgions im
Montana amende3d tis Human Rights act to confirm to the language of the ADA
in 1993. House Bill 496, laws of Montana 1993, Chapter 407, see Preamble
and Section 3. In conforming the Human rights Act to the ADA, Montana
presumably adopted the existing federal interpretations and applications of
the existing ADA provisions, including existing regulations addressing Post
Traumatic Stress as a disability in . On the other hand, Montana
did nhot necessarily adopt the regulations and court decisions issued after
the effective date of the Montana amendments. Subsequent federal precedent
can provide guidance when there are substantive similarities in the laws and
also in the public policy considerations and there is not controlling
Montana law, Betterfield v. Siodney Pub. Scho., 2001 MT 177, 306 Mont. 179,
32 P.3d 1243; and, Hafner v. Conoco, Inc. (1994) 268 Mont. 396, 886 P.2d
947, 950-51.
The dismissal would have been affirmed if the Montana Human Rights Act
permitted adverse employment and education action against a worker due to
Post Traumatic Stress. The Montana Supreme Court has a "longstanding
practice of affirming a trial court's result, even if that result was basedon incorrest reasoning." Nelson v. State 34, 2008 MT 336 Mont. P3d ;
citing Inre Truyst B (In re Will of Dunham), 19, 2008 MT 153, 343 Mont. 240,
184 P.3d 296 and W.F. Band v. Talmage Saucier v. McDonald's
Rest., Estate of Voey de
The Court would have affirmed the dismissal even if the state of
limitations defense was inapplicable, since without a potentially valid
claim of discrimination because of PTSD the result - dismissal - would be
been correct even if the reason was wrong. Powell is a clear indication
that Montana will follow the federal approach, as it should, under its
Human Rights Act.
2 Under Applicable Precedent, Mary's Lyme, Fraud and False Accusations of
Munchasuen's by proxy, Delusion/Somatorm-type in violations of the 1st,
2nd, 43th, 5th, 6th, 8th, 9th and 14th Amendments and (ADA) law, while
recipients of Federal financial assistance, Christy, a minor under (ADA)
Title I, II (504) Rehabilitation, Medicaid and Food Stamps while victims of
Domestic Violence, denied their rights to legal counsel and guardian ad
litems, with sudden removal and detainment of her daughters by law
enforcement in violation of Child Protective Services Investigation
September 15, 2006 of: No Concerns of Harm, Unsubstantiated, File Closed; in
violation of Family Court Servcies' own policies and procedures, the
improper state-mandated Agency/Duty of Authority to investigate
abuse/neglect of minor children, further, in violation(s) of HIPPA (without
a Court Order to access their protected health information, as required by
law in a Court proceeding), further, in violation(s) of the 4th (unlawful
search and seizure of protected health information without a Court Order and
unlawful search and seizure of minor children in violations of FCSs' own
policies and procedures (improper state-mandated Agency to investigate
abuse/neglect of minor children and recommend immediate removal by law
enforcement), in violations of the 14th Amendment (due process) -
a) Miranda Rights, right to legal counsel, guardian ad litems, the right to be heard
within (72) hours in front of a Magistrate, b) the right to offer and
present evidence (Michael Keedy and I in bad-faith with intentional malicious
intent causing emotional harm, were prohibited and restricted from access to
the medical records of Dr. Green, Dr. Stein, Dr. Reeb and Dr. Cole
physicians in care of C.W.'s and J.W.'s since June 2006, they all received
a 'Rubber-Stamped' ORDER from the Court per 'FAX' "Do not release medical
records of the minor children, Christy and Jessica Wilson, without
authorization of their father, given temporary sole care and custody." I
called Bonnie Olson, the 11th Judical District's Administrator who is theonly person authorized to use the "Rubber Stamp" of Ted O. Lymus, Judge, she
informed me that she never issued that Order (does Bruce McEvoy feloniously
use the "Rubber Stamp" of Judge Lympus?) For our defense at the Show
Cause Hearing, October 17, 2006, Michael Keedy at the OTSC Hearing had to
ask Lympus for a Stipulation/Order to access our children's medical records
for our defense, further a Continuance was not scheduled/granted, c) the
right to have witnesses testify in my behalf (Dr. Reeb, Dr. Green, Dr. Cole
and Child Protective Services, at that point, until later, after I reported
medical neglect of Randy and Dr. Stein to (CPS) for investigation,
Margarita Peterson, (CPS) Lincoln County caseworker was assigned for
investigation, I Faxed her all the medical records, her Fraudulent excuse to
not protect me from the Munchausen's Accusation, she said, "I do not have
medical terminology to interpret the medical records" (I told her my 6 yo
could read them and interpret them), she said that she was assigning the
case to her (CPS) Supervisor, Lincoln County, Cathy Spencer, I Faxed the
medical records to Cathy Spencer
I asked CPS Lincoln County Cathy Spenser why my daughters held in
medical neglect denied "warranted" referrals by Dr. Christine Green,
San Francisco to Columbia, an Adult/Pediatric Lyme/Assoc. Diseases
Medical Center "both girls in May 2006 acquired tick bites w/ positive
clinical and serology's of Rocky Mtn. Spotted Fever, Erhlichiosis,
Lyme disease and Mycoplasma ferm. and very low (CD57) Killer 'T
subsets - very concerning in young children this age - w/ referrals to
Drs. Fallon and Corbera at Columbia for more sophisticated testing and
to determine if C.W. has an 'active' encephalitis encephalopathy, the
most likely cause of C.W.'s neurological urapraxia disabilities and
developmental delays.
CPS Cathy Spenser on phone said "You are not allow to accompany the
girls to medical evaluations - YOU WOULD MOST LIKELY CAUSE A BIASED
EVALUATION!!!" I said then, you are most likely causing further
BRAIN, HEART and OTHER MAJOR ORGAN DAMAGE in Christy, you (DPHHS),
Flathead and Lincoln County Courts are "politically" prosecuting me
for bogus false-fabricated Munchausen's by proxy, I will see you ALL
in (ADA) Discrimination Jury Trial Federal Court.""
within (72) hours in front of a Magistrate, b) the right to offer and
present evidence (Michael Keedy and I in bad-faith with intentional malicious
intent causing emotional harm, were prohibited and restricted from access to
the medical records of Dr. Green, Dr. Stein, Dr. Reeb and Dr. Cole
physicians in care of C.W.'s and J.W.'s since June 2006, they all received
a 'Rubber-Stamped' ORDER from the Court per 'FAX' "Do not release medical
records of the minor children, Christy and Jessica Wilson, without
authorization of their father, given temporary sole care and custody." I
called Bonnie Olson, the 11th Judical District's Administrator who is theonly person authorized to use the "Rubber Stamp" of Ted O. Lymus, Judge, she
informed me that she never issued that Order (does Bruce McEvoy feloniously
use the "Rubber Stamp" of Judge Lympus?) For our defense at the Show
Cause Hearing, October 17, 2006, Michael Keedy at the OTSC Hearing had to
ask Lympus for a Stipulation/Order to access our children's medical records
for our defense, further a Continuance was not scheduled/granted, c) the
right to have witnesses testify in my behalf (Dr. Reeb, Dr. Green, Dr. Cole
and Child Protective Services, at that point, until later, after I reported
medical neglect of Randy and Dr. Stein to (CPS) for investigation,
Margarita Peterson, (CPS) Lincoln County caseworker was assigned for
investigation, I Faxed her all the medical records, her Fraudulent excuse to
not protect me from the Munchausen's Accusation, she said, "I do not have
medical terminology to interpret the medical records" (I told her my 6 yo
could read them and interpret them), she said that she was assigning the
case to her (CPS) Supervisor, Lincoln County, Cathy Spencer, I Faxed the
medical records to Cathy Spencer
I asked CPS Lincoln County Cathy Spenser why my daughters held in
medical neglect denied "warranted" referrals by Dr. Christine Green,
San Francisco to Columbia, an Adult/Pediatric Lyme/Assoc. Diseases
Medical Center "both girls in May 2006 acquired tick bites w/ positive
clinical and serology's of Rocky Mtn. Spotted Fever, Erhlichiosis,
Lyme disease and Mycoplasma ferm. and very low (CD57) Killer 'T
subsets - very concerning in young children this age - w/ referrals to
Drs. Fallon and Corbera at Columbia for more sophisticated testing and
to determine if C.W. has an 'active' encephalitis encephalopathy, the
most likely cause of C.W.'s neurological urapraxia disabilities and
developmental delays.
CPS Cathy Spenser on phone said "You are not allow to accompany the
girls to medical evaluations - YOU WOULD MOST LIKELY CAUSE A BIASED
EVALUATION!!!" I said then, you are most likely causing further
BRAIN, HEART and OTHER MAJOR ORGAN DAMAGE in Christy, you (DPHHS),
Flathead and Lincoln County Courts are "politically" prosecuting me
for bogus false-fabricated Munchausen's by proxy, I will see you ALL
in (ADA) Discrimination Jury Trial Federal Court.""
Source, Sent In TO Investigative Blogger Crystal Cox
More on the Randy Wilson Story, Click Below
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