Tuesday, September 25, 2012

"What saves a man is to take a step. Then another step."

I spoke with a criminal attorney last night for almost an hour, and it was comforting to talk to someone who has won similar cases.  He said Brent definitely has a defensible case, but since a child is the victim, they will do everything they can to take it to trial.  They want someone to pay, and of course our family does too--I just want to make certain it is the person actually responsible.  There is nothing that can bring Lucas back, but as I've said many times, he deserves justice.  The attorney said they (Wichita County) are very unlikely to look at anyone else seriously until the trial is over unless there is a major "break" in the case.

Any hope I held that if we could draw attention to the facts in the case, that the District Attorney's office and investigators would work with us and take a closer look has dissolved.  After talking to this attorney last night, I've pretty much given up on that idea and faced the fact that there will be a trial.  Our efforts will be focused now on raising funds for an attorney that specializes in these cases.  The public defender's office has done an admirable job so far, but we feel like he needs the assistance of someone immune to local politics.

I've researched legal defense funds, non-profit organizations and legal aid/advocacy groups ad nauseum.  It will take time, but we're putting together a fundraising plan to help off-set the legal expenses. Step by step, we will get there.

Several people got a message from me yesterday asking about a candle light vigil for Lucas.  His first birthday would have been October 2nd, a week from today.  I had planned to send out a press release inviting the media, but my mom talked to him last night, and he asked us not to.  He said he felt like it would be disrespectful to Lucas to have the media there, so I will abide by his wishes.  We (family and some friends) will still have a small memorial service for him.  Perhaps I'll see if there is a way to send out an online, virtual candle to honor his memory.



As always, thank you for your continued support.

<3
jaime

Wednesday, September 19, 2012

A memory that should not be.

I did not know this, but Cook's Children's Hospital has a memorial for those who have been organ donors.  My mom and sister, Lisa, had to go down there and these are their photos.

No real news today, just sharing their photos of the heart-breaking memorial to the little ones who gave so that others might live.  Thank you again for your support, thoughts, and prayers.  Today has been hard.









---jaime

Monday, September 17, 2012

One step forward, two steps back

The email in response to my Open Records Request came today.  It was a typed transcript of the dispatch in reference to the call, not the call itself.  Not only was this unhelpful, but also quite irritating.  I asked for the call, not 45 minutes worth of who was on the way or when they arrived.  So I called, and was told I needed to fill out another request.

As I said the other day, I've been looking into legal defense funds and the way they are set up.  It is quite a maze to navigate, so my next option was to start a 501(c)3 non-profit, since that is the way the animal rescues I work with are set up.  Unfortunately, there is a specific rule that a non-profit cannot be organized or set up in such a way that any member or member's family benefits financially.  So that went out the window at 90. 

There is a silver lining!  I set up an LLC and filed for an EIN with the IRS just as I would for starting a small business.  I really wanted to make donations tax-deductible, but I just can't seem to make it work.  BUT I have a plan.  I will be selling some items and using the profits to pay the attorney.  You might be asking, "what items?".  Well, once I have them ready, I will unveil them here with much pomp and circumstance.  In the mean time, please keep sharing this message.  Justice may be slow, but we are working every day to get Brent out and make sure Lucas's story is known.

Thank you for your continued support.  <3

Here is a sneak peek of things to come:



----jaime

Thursday, September 13, 2012

Money talks, BS walks....

I spoke with an attorney today who specializes in "crimes against children", so I have to ramp up the Legal Defense Fund efforts.  (Thanks to a good friend for the referral.) Has anyone ever set one up?  I was hoping to talk to someone with experience in this area before I dive right in.  This attorney is apparently also on the board for http://www.innocenceproject.org/ (The Innocence Project) so I really hope he can help.

Lucas's birthday is coming up soon.  He would have been a year old on October 2.  I can't believe how much time has passed already without him.  My mom is having an especially hard time coping with this. 
One of the quotes from the Writ of Habeas Corpus that keeps ringing in my head is item #8 that says, "Todd Henderson noted when speaking with Sarah, 'I asked Sarah during the times she was yelling at Lucas, if she has ever had thoughts of hurting him.  She stated that is why she got on the medication, because she started having those thoughts, and didn't want to have those thoughts.'" If she didn't want to have those thoughts, and that is the reason she started taking the medication in the first place, why in the world would she stop taking them?  Wouldn't that mean knowingly putting your children in harm's way?
Thanks to everyone who has sent a message, left a comment, reposted a link to this blog, and said prayers for our family.  Your support is so important, because there are days when it's hard to keep going.  Keep looking at these papers that say Brent is innocent and should not be in jail.  Thank you.

www.facebook.com/justiceforlucas


---jaime

Tuesday, September 11, 2012

"Baby, did you forget to take your meds?"

The more reading I do, the more frustrated I become.  Today I filed an open records request for the 911 call Brent placed.  I have the police reports, but since this is an on-going investigation, I will limit the parts I post to things that have already been said in open court.  What I want to do is post the whole thing.  What I want to do is run out into the street and yell til someone hears me.  What I want is to have my nephew back.

Lucas's mother stated in open court at a public hearing that she had been prescribed the combination of Paxil and Abilify.  Paxil is an anti-depressant you have probably heard of.  Let's read a little about Abilify, shall we?

Why is this medication prescribed?

Aripiprazole is used to treat the symptoms of schizophrenia (a mental illness that causes disturbed or unusual thinking, loss of interest in life, and strong or inappropriate emotions) in adults and teenagers 13 years of age and older. It is also used alone or with other medications to treat episodes of mania or mixed episodes (symptoms of mania and depression that happen together) in adults, teenagers, and children 10 years of age and older with bipolar disorder (manic-depressive disorder; a disease that causes episodes of depression, episodes of mania, and other abnormal moods). Aripiprazole is also used with an antidepressant to treat depression when symptoms cannot be controlled by the antidepressant alone. Aripiprazole is in a class of medications called atypical antipsychotics. It works by changing the activity of certain natural substances in the brain.
Aripiprazole may help control your symptoms, but will not cure your condition. It may take 2 weeks or longer before you feel the full benefit of aripiprazole. Continue to take aripiprazole even if you feel well. Do not stop taking aripiprazole without talking to your doctor.

As outlined in the Writ of Habeas Corpus, item #10 states that she was having "horrible thoughts" like "wanting to run away from home, THROWING THE BABY THROUGH THE WINDOW" (caps are mine).  Five days later, Lucas was diagnosed with a broken arm.  She had stopped taking the combination of meds listed above.

Abruptly stopping a combination of meds for psychosis is not advised, as shown above. 

So let's review.
October 28, 2011 Paxil and Abilify prescribed.
Lucas has a broken arm 5 days later.  Someone broke that tiny baby's arm.
Lucas's mother stopped taking the meds, not on a doctor's advice or supervision, but because she didn't want to pay for them.
Brent and Sarah argue on Saturday, February 4th because he awoke to hearing her yelling at Lucas.  He told her, "You can't yell at a four month old.  You can't yell at a baby".
Tuesday, February 7th they get into an argument because she has informed him she stopped taking her meds.  She takes Lucas and slams the door.  She is alone with him the entire night before.
Wednesday, February 8th, Lucas becomes unresponsive around noon.

Does this timeline and the events therein suggest that Brent should be arrested in connection with Lucas's death to you?

Thanks for reading.  Please drop by our Facebook page and like so that more people will hear Lucas's story.  www.facebook.com/justiceforlucas

We had Jenna's birthday party on Saturday.  It was bittersweet because she had a fun time, but really wanted her daddy to be there to celebrate too.




---jaime

Friday, September 7, 2012

Hard to see/Difficult to read

The name of today's post has to do with the document below.  It is something I wish did not exist.  The typeface is very small, so I will point out the main reason for sharing something so.... I'm not sure I even have the words.  It is Lucas's death certificate.  It is difficult to read because this is faxed copy, but it is also hard to set eyes on the death certificate of a 4 month old baby.  The boxes I would like attention drawn to are at the very bottom.

On the left, there is a line that reads:
Immediate cause of death                              A.  CLOSED HEAD INJURY

Sequentially list conditions, if any,                B.  BLUNT IMPACT TO HEAD
leading to the cause on line A


Then on the right hand side by those lines, it reads:
Approximate interval
(onset to death)

DAYS

Here is the copy:
If you click on it, it should enlarge.  It's the only copy I have right now, and hopefully I can get a better one that is more legible.  The reason this is important is because the ONLY reason Brent is still in jail is that he was with Lucas when he became unresponsive.  If you are familiar with Shaken Baby Syndrome or read the post from yesterday, you will know that this type of injury takes time to manifest itself.  They cannot pinpoint when the event that caused Lucas's death happened.  The Medical Examiner, in this document, states that it was "days", and in a transcript from a phone conversation (that hopefully I will get a copy of, along with the police report this weekend) he states that it could have been any time in the previous 24 hours.  This removes, along with the other statements in the Writ of Habeas Corpus, the probable cause for detaining my brother.


One thing I like to read when I'm upset about this is The Little Prince, by Antoine de St. Exupery.

"Ah, little prince, dear little prince! I love to hear that laughter!"
"That is my present. Just that. It will be as it was when we drank the water . . ."
"What are you trying to say?"
"All men have the stars," he answered, "but they are not the same things for different people. For some, who are travelers, the stars are guides. For others they are no more than little lights in the sky. For others, who are scholars, they are problems. For my businessman they were wealth. But all these stars are silent. You--you alone--will have the stars as no one else has them--"
"What are you trying to say?"
"In one of the stars I shall be living. In one of them I shall be laughing. And so it will be as if all the stars were laughing, when you look at the sky at night . . . You--only you--will have stars that can laugh!"
And he laughed again.
"And when your sorrow is comforted (time soothes all sorrows) you will be content that you have known me. You will always be my friend. You will want to laugh with me. And you will sometimes open your window, so, for that pleasure . . . And your friends will be properly astonished to see you laughing as you look up at the sky! Then you will say to them, 'Yes, the stars always make me laugh!' And they will think you are crazy. It will be a very shabby trick that I shall have played on you . . ."
And he laughed again.
"It will be as if, in place of the stars, I had given you a great number of little bells that knew how to laugh . . ." 



This is how I want to remember him.  Laughing somewhere up in the stars.




Thank you for reading. 


---jaime


Thursday, September 6, 2012

The scariest part of "Shaken Baby" cases.

I filed an official complaint with the American Civil Liberties Union today.  I let them know that not only are Brent's Eighth Amendment rights being violated, but that he is the victim of extreme gender bias.  Even though the evidence points away from him, they are choosing to prosecute him because of his gender.

I'm also working on a press release to send to media outlets across the country.  I've been doing (more) reading about "shaken baby" cases, and it's so scary how little evidence some people have been convicted on. 

Even if you don't have small children of your own, just imagine that you are watching someone else's baby and he/she stops breathing.  You know that you haven't done ANYTHING to hurt the baby, but you are arrested because you were the caretaker at the time.  You sit in jail while the person who actually hurt the baby walks around free.  Family members, babysitters, daycare workers, so many people could have their entire world ripped away from them because the symptoms of shaken baby do not usually manifest immediately:

http://en.wikipedia.org/wiki/Shaken_baby_syndrome

Happy 7th birthday to my precious niece, Jenna, who has to celebrate this year without her daddy because he is wrongfully imprisoned.



Thank you for reading and for your continued support.  Please visit our facebook page and like us to help spread the word.  www.facebook.com/justiceforlucas



---jaime

Wednesday, September 5, 2012

Public documents and anger


Here is a copy of the writ of habeas corpus that was filed on June 4th in the 30th District Court of Wichita County.  It is a public record.

The Eighth Amendment to the U.S. Constitution reads:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Brent has been held in jail since April 17th.  Reading these documents, do you believe he should still be there? 

Thank you for reading, and thank you for your thoughts.


---jaime

Tuesday, September 4, 2012

Introduction to Lucas's story

Lucas was born October 2, 2011.  He was a beautiful, healthy baby with so much promise and potential.  On Wednesday, February 8th, this was cruelly taken from him.  I got a call from my sister, Lisa, who struggled to form sentences, "Lucas is in the emergency room.  He's not breathing. they're doing CPR."  I was too shocked to speak for a moment, but when I could process this information, I asked, "WHAT HAPPENED?"  She said they believed he'd had some sort of seizure.  My brother had called her and was completely beside himself.  He was crying and having trouble breathing well enough to tell her about Lucas.  

CPR was performed on Lucas for over an hour in an attempt to save him.  A heartbeat was finally restored, and he was moved to Cook Children's hospital in Fort Worth and placed on life support in ICU.  Doctors there performed test after test, and it was determined that he had a subdural hematoma from trauma.  He had broken bones.  He was brain dead.  Our beautiful, sweet Lucas was brain dead.  Our family was shaken to the core.  We looked at each other, as if trying to decide if this nightmare was real or not.  What we didn't know yet was that the nightmare had only begun.  They suspected Shaken Baby Syndrome. 

Since my brother, Lucas's father, was with him at the time he became unresponsive, he was the one the investigators were mainly questioning.  No.  My sister and I looked up metabolic disorders like Infant Brittle Bone Syndrome, which can sometimes be mistaken for abuse.  There is NO way Brent would hurt any of his children.  He was hysterical when she talked to him on the phone, and the first time he saw Lucas on life support, he fainted.  While investigators were questioning him at the hospital in Wichita Falls, he kept saying, "will someone just tell me why my son is bleeding?".  He has a 6 year- old daughter from a previous marriage who is healthy, happy, and according to investigators, shows no signs or red flags of abuse.  She adores her father, and he adores her, and now the only way for them to see each other is a few moments a week in Wichita County jail.  Even his ex-wife and ex-mother-in-law told investigators he had never and would never hurt his daughter.  He is not and never has been a violent person.  He has a 3 year-old son with his current wife, and doctors did a full body scan on him as part of the investigation.  No physical signs of abuse.  No previous broken bones. 

Lucas was taken off of life support on Sunday, February 12th.  He was four months old.


We grieved his loss immensely, and all waited anxiously for the autopsy report to be released.  We wanted to know what happened to Lucas.  Unfortunately, our worst fears were confirmed.  The autopsy revealed his cause of death was blunt force trauma.  His death was ruled a homicide.  If Brent didn't shake Lucas, then who did?

I have never doubted my brother's innocence.   I will keep from resorting to speculation as much as possible, and share with you the facts in this case that are being ignored by investigators in Wichita County.  The facts should speak for themselves.

I will also demonstrate how my brother's Eighth Amendment rights have been completely ignored and that he is being wrongfully held.  He has no prior criminal record, and when officers called and told him they had a warrant for his arrest, he waited at home for them to come pick him up.  He did not try to run, and he did not resist arrest in any way.  And what was his bail set at, you might ask.  His bail was originally set at one million dollars.  ONE MILLION DOLLARS.  Whether you know him or not, and whether you are familiar with bail amounts or not (I will provide a list of comparable Wichita County arrests in a later post), this should terrify you.  Why?  Because if this can happen to him, it can happen to anyone.  The ONLY evidence they have against my brother is that he was with Lucas when Lucas became unresponsive.  If you are familiar at all with Shaken Baby Syndrome, you will understand the significance of this.  If you are not, I will certainly be outlining important points in another blog post as well.

I will be setting up a legal defense fund for him, so that he can have a more devoted attorney than the public defender, who means well, but is bogged down with many other cases.  It has to be filed with the IRS so that donations are tax-deductible, and I will post a link once the paperwork is done. 

I have cried and cried over this.  Cried for Lucas and the suffering he must have endured.  Cried for my brother, forced to mourn the death of his son from a jail cell, imprisoned for a crime he did not commit, and helpless to do anything about it.

Please help me share Lucas's story so that justice will be done, and the person responsible for his death will be arrested.  I know that statistically, fathers are more likely than mothers to harm children.  I also know that most people would jump to defend a family member.  I am asking that you consider the evidence in this case, which I will be posting every day until Brent is released, and help Lucas get the justice he deserves.  Our family has lost so much already, and we have been told to "let the system work".  But the system is not working, and we refuse to wait any longer.

Follow this blog for more details on the story, and if you have encouraging words for Brent, I will pass them along.  Also, if you have questions you would like addressed, post them in the comments.  Thanks for reading.


----jaime