#26

42 Tape 26
502785
Judge: We are back on the record with JU88.01. Ms. Martin, you remain
under oath, and Mr. Holm, go ahead.
Christian: I would like to show her state exhibit 2. Is this the notice where
we have already stated that it had demands but no words of threat?
Ms. Martin: Okay.
Christian: Okay. Could you tell us the date on it?
Ms. Martin: November 8th.
Christian: Can you tell us when you all received the notices?
Ms. Martin: I do not recall.
Christian: Was it on or around about that time of that date?
Ms. Martin: Yes.
Christian: Okay, could you tell us what this is?
Ms. Martin: It’s the third document you sent?
Christian: Yes. All right, now…
Judge: And just for the record, what exhibit number are you referring to
Mr. Holm, just so I’m on that?
Christian: Exhibit 3.
Judge: All right. 3. Thank you. I’m sorry.
Christian: Alright. Could you tell us the date when visitations were taken
away?
Ms. Martin: November…reword your…
Christian: Could you tell us the date that our visitations were taken away
because of the notices?
Ms. Martin: I don’t believe they were taken away. To my knowledge you
and your wife stated that you did not feel safe at the department on
November 14th.
Christian: That was the first day, but the day that we came in and there
was officers that were called to you alls organization, to the DHR
department…
Ms. Martin: I was not present.
Christian: Okay, now you had stated that the visitations were taken away
because of threats of a blood document. Are you aware that the blood
document was not even in you alls possession at the time whenever the
visitations were taken away?
Ms. Martin: Yes.
Christian: But you stated that you felt threatened by the blood documents
and they weren’t even there at the time.
Mr. Schlenker: Judge, that mischaracteriza…he’s attempting to say that on
November whatever day when visitation is suspended that that document
existed and that is not what her question…that was not the question I asked
her. I asked her after they received it if she felt threatened by the blood
document as well as the other long page document that they received that
day, so it is a mischaracterization of the testimony.
Judge: Sustained. But if you want to go further into it you might want to
break your question down into piece by piece.
Christian: So we’ve already got the date was around the 8thof November on
this one.
Ms. Martin: Yes.
Judge: And this one is…
Christian: This one is exhibit…
Judge: number 2.
Christian: Number 2. And the date whenever visitations were stopped,
what date was that?
Mr. Schlenker: Judge, objection. Asked and answered. We’ve been through
the dates.
Christian: Can you refresh my memory?
Mr. Schlenker: Judge, it’s not the witnesses responsibility to refresh
counsel’s memory.
Judge: It has been asked and answered.
Christian: Okay. Now did we find out if this date of this document state’s 3
if that was after the visitations had stopped?
Ms. Martin: Yes.
Christian: They were? Okay. When you were observing our visitations, did
you see us napping together on the couch?
Ms. Martin: Yes.
Christian: With our child?
Ms. Martin: Yes.
Christian: Who was holding our child?
Ms. Martin: Ms. Holm.
Christian: Who was holding Ms. Holm?
Ms. Martin: Ms. Holm, when she napped she was either in the chair or
was curled up on the love seat or the couch.
Christian: So you never saw me next to her holding her as she was holding
our child?
****(Of course she can’t admit to that, because they must maintain their
false narrative to the bitter end. Perjury.)
Ms. Martin: No
Christian: So then, where was I in the room?
Ms. Martin: You would be like sitting on the couch. I mean, I seen you
like with your ball cap covering your eyes, napping, sitting straight up.
Christian: That was one of the times I did that.
Mr. Schlenker: Objection, counsel is testifying.
Judge: So stricken.
Christian: So have you ever seen us…have you ever seen me holding my
wife?
Ms. Martin: No.
Christian: Is it mandatory for anybody to hold anybody?
Mr. Schlenker: Objection as to the broadness of that question.
Judge: Mr. Holm if you can narrow that down a bit. That was a bit broad.
I’m not sure where…
Christian: Yeah, well I think I’m trying to get to…get something out…the
truth…but it’s just not happening properly, so I think I’m just going to stop
asking questions and just…
****(You might as well unless you want to keep on hearing more lies. All
these lies go on the record.)
Judge: I mean, well that’s certainly within your perview. If you want
to…um..I mean…
Christian: The truth is hard to get to, is all I’m trying to say. That’s all I can
say. So, all right.
Judge: Do you need a minute with Mr. Kirby or…
Christian: No, ma’am.
Judge: Okay. Do you have any other questions for Ms. Martin?
Christian: No, ma’am.
Judge: You sure?
Christian: I’m sure.
Judge: Guardian?
Guardian: No questions.
Mr. Schlenker: Judge, I had forgotten one very, very important one. I
should apologize. I should have taken care of this. I’m showing what has
been marked as state’s exhibit 6. Do you recognize…
Christian: Objection. That’s not admitted.
Judge: Okay. Let’s see where he is going with this as to whether he is
trying to admit it or what he is trying to do with it.
Mr. Schlenker: Can you tell us who is in exhibit number 6?
Ms. Martin: Mr. Holm.
Mr. Schlenker: And did you have occasions to see Mr. Holm in that
condition?
Ms. Martin: Yes.
Mr. Schlenker: And does that fairly accurately represent Mr. Holm on the
times that you would see him on the streets of Heflin?
Ms. Martin: Yes.
Mr. Schlenker: Judge, we would offer exhibit number 6.
Christian: Objection. Not properly authenticated.
Mr. Schlenker: Judge, there has been a proper authentication. It need not
be the person who actually took the picture to fairly and accurately
represent the image that was and someone has to have the knowledge that
it fairly and accurately represents it. She has so testified.
Judge: Anything further, Mr. Holm?
Christian: Did she take this picture?
Judge: Are you asking a question or is that?
Christian: I’m saying is she the person who took the picture?
Mr. Schlenker: Judge, I don’t believe he’s got the opportunity to ask
questions right now unless you want to take the witness —————–, but
I would say that whether she took the picture or not is immaterial to its
admissibility. The question is whether or not it fairly and accurately
represents a particular time and place in which she has seen it and that she
can testify to that that looks as it was on the time that she saw a person in a
particular place. She need not be the actual taker of the photograph. There
is no requirement that you have to have the same person who took the
photograph present.
Christian: Then where is the other person that took the photograph and
what time and what place did she have…
Judge: Okay, you will have to ask that in the form of a question. Right
now I’m doing…are you wanting to take Ms. Martin and ask her a few
more questions?
Christian: To be honest with you, I don’t like all these questions.
Judge: Well, admit state’s 6, picture.
Christian: I think uh..I would like to state that I am a man and my wife is a
woman under our Creator, and we demand our child back, and we have
not broken any laws.
Mr. Schlenker: Judge, I want to object to counsel making statements on
the record.
Judge: So noted. We need to go on with the questioning of this particular
witness. Is there…
Mr. Schlenker: At this time, judge, the state has no more questions.
Judge: Of Ms. Martin, okay.
Mr. Schlenker: Correct.
Judge: Anything else? Any other questions for Ms. Martin, Mr. Holm?
Christian: No, ma’am.
Judge: Okay.
Guardian: No questions, your honor.
Judge: May she be excused?
Mr. Schlenker: Please. State rests.
Judge: Mr. Kirby?
Mr. Kirby: Judge, at this point in the case we would ask that the state’s
petition for dependency be dismissed on…although it was quite confusing
but that there was a lack of evidence that there was an emergency situation
at the hospital that required…
Judge: Let me stop you right here…
Mr. Kirby: Okay.
Judge: Is this the same motion to dismiss that Mr. Holm was going to
bring up or is it a separate motion..
Mr. Kirby: Same, same.
Judge: Yeah, Mr. Holm argued it at the beginning of the case, at the
beginning of this portion of the case yesterday, and I believe I said it
wasn’t right for adjudication at this time…
Christian: I think you said it was premature?
Judge: It was premature, but however if you wanted to raise that at the
appropriate time you could do so…
Christian: Is now the time?
Judge: Well, that’s…I can’t give you legal advice. I’m just trying to discern
if Mr. Kirby’s making a separate motion or if he is continuing on your
motion, because if he is continuing on your motion you have got to make
the argument. If he is making a separate argument then he can do that.
Christian: Now is the time to dismiss the case on a lack of evidence. The
state hasn’t given any…or proven any child endangerment and/or an
emergency. We’ve had…
Judge: Slow down for me. I’m writing it down…
Christian: Yes, ma’am.
Judge: The state…okay, go ahead…
Christian: The state hasn’t proven any child endangerment and/or
emergency. They given observations but no physical evidence. I think
that most of their witnesses also stated at the end of their testimonies
that there was no emergency and/or child endangerment, and we only
have observations from social worker’s opinions and that’s it. And we
love our child and we miss him. We need him back. And we have
everything needed. Shelter, any of the necessities to provide.
Judge: Anything else? Need a minute?
Mr. Kirby: Let me ask if the state would object to Ms. Holm reading a
statement in support of their dismissal?
Mr. Schlenker: I would, judge, because that would be Ms. Holm now
arguing their motion as well, so this is Mr. Holm’s motion to make and he
is welcome to make whatever argument he wants to but I don’t believe that
that would be appropriate, it would be in line with the way courts operate.
****(No words for this man. Even before a person is drug off to be
executed they get last words. This mother has had her heart ripped out
and she is not permitted to share anything. This is the way courts operate
when they kidnap your child. How can the mothers in this court handle
this? What is happening to the soul of America?)
Christian: We see ourselves as one, your honor.
Judge: Okay.
Mr. Kirby: If you want to read it, it’s okay.
Christian: Okay. I’ll read it.
Mr. Kirby: Would the state object to that? To Mr. Holm…
Mr. Schlenker: It’s his motion. I mean he can read whatever he wants to. I
mean that’s his…
****(As long as you don’t have to hear an impassioned plea from a
mother unjustly and without cause robbed of her baby, right?)
Judge: I’m listening.
Christian: Okay, this is a rep…uh… my wife has written this.
*********************************************************
“Today I am not looking at you as a judge, not to disregard your
accomplishments at getting sworn in under oath, the oath that you swore
to protect, but to look at you as a woman our Creator made in his image
and a woman who was given the amazing gift of motherhood, as was I.
Today as woman to woman, (whispering-obviously I’m not, chuckling in
courtroom) mother to mother, we are sisters designed and created by our
Father. You are a mother of two boys. Our Creator chose you to mother
those two boys just as our Creator chose me to be the mother and Christian
the father of our baby boy. Through our sacred bond of marriage under our
Creator, we chose to be together under the Father to create life and we
have committed with the Father to nourish, nurture, and protect not only
our baby’s life but all life for the sake of true unconditional love. This has
been ripped away from us unlawfully, unjustly, and ungodly. It has been
almost two months since we had our gift ripped away from us, our
beautiful healthy baby boy ripped out of our arms as was given the
nourishment our Creator designed for me to give him from my body, that I
was designed specifically for our baby. And for what? A simple case of
false identity that was resolved before our baby was even stolen because it
was a fabricated event to begin with, or was it voluntary enumeration at
birth program we refused, or the refusal to give our baby a name until the
right time which is, once again, voluntary. The pain I have carried around
me as a mother some days has been unbearable. There are nights that I
have cried myself to sleep while holding a blanket that no longer has his
smell while Christian holds me as a loving husband, father, and true man
of the Father, only to feel my pain to then wake up the next morning
without our family together…feeling empty and in physical pain for the
damages every single person sitting in this courtroom today has caused
our family. For the last two months our family has been destroyed. For the
last three weeks our entire family, especially our innocent baby have been
victims of cruel and unusual punishment with complete separation,
completely ripping the bonding…or the bond of mother and son apart, all
because the actors at DHR are afraid of finally being held accountable for
wrongfully destroying families rather than protecting them. Can anyone
here tell me what color our baby’s eyes are now, because we haven’t seen
them in three weeks? Can anyone here tell me what size clothes he is now
or diapers because we haven’t been able to watch these precious moments
of his growth? Can anyone look at me and be able to see my pain and
actually care? Through it all, with God, each and every day we find the
strength to get up and get ready for our baby to come home to us, and
through it all we pray that through my pain, Christian’s pain, and our
baby’s pain and suffering, that others will find the compassion within and
come back to love and ultimately back to our Father. Today we look to the
Father and we pray that He inspire you with the truth for the truth needs
no defense. When He is the cornerstone of your entire being, when you
walk the walk of the Father and you listen to inspirations of Him your past
cannot not be made straight again. He is asking you today to come back to
who He truly is and to feel the love shining through an innocent loving
couple who have been falsely accused, used and beat down by a system
that does not know the Father. For if the system knew the Father we would
not be persecuted. Sister to sister and brother to sister, we ask you to find
the compassion within you to see and understand the truth, for we have
done nothing wrong, neither in the eyes of the law nor the eyes of our
Father. Our baby needs his loving parents and we need our beautiful baby,
our baby who is solely our creation with our Creator, the Father. Judge
Melody Walker, will you give us back our baby today without the torture,
pain, punishment, interruption or involvement of anyone in this court ever
again?
Mr. Kirby: (quietly) Is that all the argument for your motion?
Christian: I guess there would be more depending on what happened next.
Yes.
Judge: Mr. Schlenker, I’ll get the state a chance to respond and the
guardian.
Mr. Schlenker: Your honor, DHR has made a ————-case of
dependency in this case. There is sufficient evidence for it to move on
from here so we would ask you to deny the motion to dismiss and that we
proceed.
Judge: Guardian. Any response to the motion to dismiss by the parents?
Guardian: Judge, I’m in agreement with the department with
their————-with the evidence presented———–the case.
Judge: At this time I am going to deny your motion to dismiss. However
you certainly have the opportunity to present your case now. And it’s 11:45
so we have an hour and 16 minutes, and you said yesterday I think, Mr.
Kirby, that you had 6 witnesses?
Mr. Kirby: Well, we’ve resolved some of the witnesses, cross on the state’s
case. That would be Stacy Jackson and Alex Martin. We’d need to call
Carey Pollard and I need a moment to discuss what witnesses that they
would liked called on their behalf?
Judge: Sure. Sure. So, I’m just trying to think how many witnesses which
is what you are fixing to do. If we have to come back, what is everybody’s
schedule like Monday afternoon?
Mr. Kirby: Can I speak with them before we agree to…
Judge: Yeah…
Mr. Kirby: I’m just asking the schedule.
Judge: Yes.
Christian: I have a question before we start bringing in more witnesses.
So, is our child not being released today?
Judge: Okay, I’m going to let Mr. Kirby discuss that with you…
Mr. Kirby: Let me…let’s go in here…