Shameful Mathew D. Staver Founder and Chairman Late yesterday afternoon, Judge Joseph Johnston ruled that Justina Pelletier will remain in the custody of the Massachusetts Department of Children and Families (DCF). This in spite of the fact that her imprisonment under the agency’s “care” has left this 15-year-old emotionally distressed and physically deteriorating. Lou Pelletier, Justina’s father, told WTIC-TV, “She is mentally, and more importantly physically, dying under the care of the state of Massachusetts.” We are pursuing every legal means possible to accelerate an acceptable resolution to this tragic situation. Please see my critical update on yesterday’s very disappointing ruling – Mat. Yesterday, Massachusetts Juvenile Court Judge Joseph Johnston ruled that the custody of Justina Pelletier will remain with Massachusetts DCF, at least until a future hearing which the court says can happen no earlier than late June. In his disappointing ruling, the judge declared that, “Based on credible psychiatric and medical evidence this court has found that Justina suffers from a persistent and severe Somatic Symptom Disorder.” This is a highly disputed conflict of medical analyses. The judge clearly sided with the determination of Boston Children’s Hospital (BCH) and dismissed the Tufts Medical Center diagnosis of Mitochondrial Disease which calls for a physical treatment regimen. The State of Massachusetts cannot make Justina a prisoner merely because they disagree with the medical protocol recommended and administered by a respected medical institution that was responsible for her care. The judge ruled that Justina “is a child in need of care and protection… due to the conduct and inability of her parents, Linda Pelletier and Lou Pelletier, to provide for Justina’s necessary and proper physical, mental, and emotional development.” The judge, in essence, ruled that Justina needed “protection” from her parents’ decision to follow the medical recommendations by Tufts, a highly reputable medical facility. Therefore, Judge Johnston determined that “placement of Justina in the conditional custody of her parents is not in her best interests at this time.” ++Please pray for the Pelletier family. Justina’s exasperated father told WTIC-TV, “As long as I have a living breath there will be a fight and my daughter will not die in the hands of this corruption and incompetence that is happening in the city of Boston.” In all my years in practice, I have never seen a more outrageous overreach by a state agency. The family has asked us to pursue every legal means necessary to get their daughter home. Liberty Counsel is exploring every possible legal strategy to get Justina restored to her family. I expect one action will be to file an appeal or a habeas corpus petition. Earlier this week, we filed a Contempt of Court motion against the Massachusetts DCF for failing to get Justina her court-ordered appointment with Dr. Mark Korson at Tufts Medical Center. Liberty Counsel is preparing legal pleadings to remove DCF from this case. Make no mistake: DCF has grossly abused its authority. DCF had no right to come between Justina and her necessary medical care in the first place! ++This battle is swiftly intensifying. Bobby, we now know that this will be a protracted legal battle. We have several members of our litigation team deeply involved in this complex and demanding case. We do not charge the Pelletiers or any client for our legal representation. Your financial support for our litigation effort is greatly appreciated both by the Pelletier family and Liberty Counsel’s litigation team. Please, go here to help – or to further help, if you have previously sent a gift: libertyaction.org/1387/offer.asp Once again, the Massachusetts court is kicking the can down the road while Justina’s health dramatically deteriorates. Here are facts Judge Johnston seemed to overlook in reaching his decision… • Under the care of Justina’s parents and Tufts Medical Center, Justina’s health was stable. As recently as January of last year, she was comparatively healthy and competing in ice skating competitions. • Fourteen months ago, Justina, now fifteen years old, was essentially kidnapped by Massachusetts DCF after physicians at Boston Children’s Hospital (BCH) disagreed with the Tuft’s medical diagnosis and deemed her condition to be “psychological.” BCH called in the DCF for a “parent-ectomy.” Then DCF charged the Pelletiers with “medical abuse” for following Tufts’ diagnosis and course of treatment! • In those fourteen months, DCF has failed to provide adequate medical care, refused to allow Justina access to clergy or communion, and even refused to provide any meaningful educational services. For most of that time, she was under lock and key in a mental facility. • Now, Justina is weak and in a wheelchair. Without any education, she has fallen at least two years behind her classmates. DCF has allowed the parents only one hour per week to visit their daughter, but always with a DCF worker or workers, and one or more armed security officials, present. DCF has even prevented the parents from taking a cell phone in to photograph their daughter. Last month, DCF filed a motion to hold Lou Pelletier in contempt of court for speaking to the national media! • After a visit last Friday, Justina’s older sister, Jennifer, told Fox News Connecticut (Fox CT) that her sister’s health is “scary” and she has never seen her in worse condition. Justina must be returned to her parents’ custody and Tufts’ care. We will continue our fight on behalf of the Pelletier family and challenge the overt assault on their parental rights as long as it takes. This is a nightmare that must be brought to an end! We certainly need your help in building our war chest to support our ongoing litigation efforts. I ask you to help out however possible with a gift of any amount today. Please go here: libertyaction.org/1387/offer.asp Please watch for my important updates to come on this pressing legal matter and please keep the Pelletiers – especially Justina – and our litigation team in prayer. God bless you, Mathew Staver, Founder and Chairman Liberty Counsel P.S. This is a life and death issue for a 15-year-old girl who was kidnapped by an overreaching state agency. The Pelletier nightmare must come to an end before Justina is further victimized. We are taking every legal action possible on behalf of the Pelletier family. Please do whatever you can to help offset the cost of this case and our other litigation efforts… libertyaction.org/1387/offer.asp Too many newsletters? You can unsubscribe. © 2014 Microsoft Terms Privacy & cookies Developers English
Posted on: Wed, 26 Mar 2014 21:44:03 +0000