Seven years ago Brennen was kidnapped. A living nightmare, my baby did not come home. What would you do if your son was kidnapped by his Godparents/Babysitter? Is a crime still a crime if the person knows that filing a motion in a court might keep them from going to prison? Is it still kidnapping?
Ask yourself questions as you read this story...Who is looking out for Brennen? CPS/DCS !NO! A GAL? NO! CASA WORKER! NO! CASE WORKER or YOUTH SERVICES? NO!!! Who looks out for our baby???? Who helps Brennen?
Monday September 13, 2010 Brennen was going with his aunt and grandfather out of state on a vacation. Nicole was very sick. She thought she had caught whooping cough from "Becky with the good hair" who recently had contracted it at Vanderbilt, where she worked as a case manager in the Neuro ICU unit. Nicole disclosed her intentions to go to the Emergency Room for the illness she had.
Financially, we were under brief financial distress because Ken's VA Disability check did not come in September for an overpayment the previous December. Also, Ken had filed for unemployment due to the fact that his employer was going out of business. We were on our way to the WIC office with Brennen to certify for new vouchers and get his vaccinations. George lived close to our house, so we stopped by to visit on the way to the WIC office. We disclosed to "Becky" and Brennen's grandfather, "Fred" that we were moving out of state. "Becky" said, “What about little foot?!” She was concerned that she would not see Brennen often if we moved out of state. Ken and Nicole explained to "Becky", that she would still see Brennen during the summers.
Due to our brief financial status, we asked "Becky" or "Fred" to purchase formula or diapers for Brennen. They knew we were on our way to the WIC office but instead "Becky" offered to take Brennen with them to South Caroling for four days. She promised that she would stop at Walmart and get everything that Brennen needed. "Becky" said that it would give me time to go to the hospital for my illness. They encouraged us to let the family in South Carolina see Brennen because they had not yet. We were concerned about letting him out of our site. He was only 10 months old and Nicole had never spent a day away from him. "Becky" swayed our fears by telling us that is exactly what family is for...times like this when we need each other. So, we let our baby go with them for FOUR days. I wrote a letter authorizing her with permission to treat Brennen for anything that might happen on the trip. I gave her the health insurance cards also.
Ironically, "Becky" had a conversation with me that day on the porch of "Freds's" house. She told me that she could gain custody of our boss' nephew if she simply had possession of him. She said she could adopt him easily. I asked how can you adopt someone's child against their wishes? "Becky" started to tell me what “the way” was to adopt a child but she “caught” herself and just said that there was “a way” to do it. See..."Becky" had previously worked for Youth Villages which offers services for families, foster care, and adoptions. In addition, "Becky's husband, Richard", was a police officer. Both petitioners knew of duty to report child neglect concerns to DCS/CPS because they are legally required to do so! Why did they never call DCS regarding Brennen?
...BECAUSE he was a “HAPPY, SMILING BABY” according to his Vanderbilt medical records from September 23, 2010.
Monday September 13, 2010 Ken file date for TN Unemployment Insurance.
Tuesday September 14, 2010, Nicole goes to the Emergency Room and is diagnosed with double lung pneumonia. Nicole tells "Becky" of the pneumonia diagnosis. "Becky" starts calling an attorney. No one calls DCS/CPS with any concerns for Brennen...ever.
"Becky" and Brennen's grandfather call Nicole on the way back from South Carolina and talk her into keeping Brennen until she is not contagious with pneumonia. "Becky's husband, Richard aka Dick", even verified that “in her capacity as a nurse” she convinced us to leave Brennen with her longer.
September 19, 2010 "Becky" signs an affadavit claiming (1) The parents did leave the minor child with me on the 13th day of September 2010 as they stated they were being evicted. (2) I do live in Robertson County (3) The parents did tell me they had no food for the child and were only feeding the child formula. *** Affidavit is false on its face. She never mentions these "alleged" concerns to Vanderbilt. ****
September 21, 2010 Nicole goes to Emergency Room again because she is not improving. Phone records from Verizon prove that Nicole called "Becky" from the hospital. "Becky" calls her attorney four times after Nicole calls "Becky" from the hospital.
September 21, 2010 "Becky" files her Petition with the Juvenile Court.
September 22, 2010 "Becky" gets an Ex Parte Order of custody on a " pendente lite" basis. (Tempory custody)
September 22, 2010 "Becky" calls Vanderbilt to request an appointment for his ear. From Vanderbilt medical records "Aunt "Becky" called from ###-#### reports tugging at ear afebrile a little fussy appt scheduled " "Becky" has a certified copy of custody paperwork scanned into Vanderbilt through the Otolaryngology department. ***She does not mention any concern for child neglect or abuse to Vanderbilt****
September 22, 2010 "Becky" transpires with phone conversations with Vanderbilt, Robertson Co Clerk and Juvenile Court Clerk. "Becky" calls Ken and Nicole's apartment complex.
September 22, 2010 Ken is mailed a letter from TN Unemployment Insurance.
September 23, 2010 "Becky" takes Brennen to the doctor for his an ear ache. The doctors find nothing wrong with Brennen. She calls her attorney 9 times.
September 23, 2010 Nicole and Ken go to the Petitoner's house to visit Brennen. Both "Dick and Becky" are there. They do not inform us of the Ex Parte order or the Dependent Neglect petition. We think everything is normal. They convince us to keep Brennen a little longer, until we are no longer contagious. We had expressed our desire to get Brennen but she told us we would BE neglectful if we intentionally exposed him to pneumonia.
September 29, 2010 Nicole goes to Emergency Room again. Ken also goes to the doctor for the respiratory symptoms he has. Nicole's pneumonia is improved; however, her asthma is still flared. Nevertheless, we are not contagious anymore and start texting and calling trying to pick up Brennen. No one answers. It's late at night when we get out of the ER, so we go home. It's family, remember? We are not too suspicious yet.
September 29, 2010 Ken has phone appointment with TN Unemployment Insurance.
October 2, 2010 Ken finally gets in touch with his half-sister, "Becky" . We tell her we are coming to get Brennen and that we are angry with her for not calling us sooner. An argument ensues on the phone. Nicole is sitting there, listening. "Becky" threatens us with jail if we come to get Brennen. She says, “He's my baby now!”
October 4, 2010 We drive from Davidson County to Robertson County TN to request our 72 hour/ Preliminary hearing in writing, in person. The Robertson County TN Juvenile Court had never served us with notice of the custody order. So, the following day we are finally served with notice of the Dependent Neglect Petition and Ex Parte Order that the Petitioner's filed.
October 4, 2010 Ken is mailed a TN Unemployment Insurance Letter.
October 6, 2010 Ken and Nicole are served with process of the TN Robertson County Juvenile Court Motion.
October 7, 2010 on 9am at the Robertson County TN Juvenile Court, Ken and Nicole asked for court appointed counsel as the Preliminary hearing was convened. The Magistrate informed us that private party petitions do not get court appointed counsel. She said ONLY state (DCS/CPS) cases did. In other words, because we were privately sued for custody we were NOT entitled to apply for a court appointed attorney. These statements are backed up with testimony of the woman suing us! Nicole asked how she would know if her baby was safe. The Court informed Nicole that DCS is not involved in a private party case. Due to the fact that we did not have an attorney, the Magistrate said she would remove the case from the docket like it had never happened. She advised us to not proceed with the hearing, stating that opposing counsel was ready to go and we should not represent ourselves without an attorney. The hearing was canceled.
December 10, 2010 Motion to Amend original petition and add her husband Scott V. as co-petitioner and set the matter for final hearing. ***Where was the discovery! Where was the preliminary hearing! **
October 2, 2010 Immediately, we call Metro Nashville Police and file a report for Kidnapping. We tell Metro that we were threatened by "Dick and Becky" . When asked what "Dick" did for a living we informed them he was a police officer. *Our KIDNAPPING claim was never investigated *
January 14, 2011 We show up for Juvenile Court. Motion to amend, not opposed and add Dick as co-petitioner. Nicole had an attorney of record show up.
January 19, 2011 " Dick and Becky" sign another affidavit. This time it is (the TN statute for abandonment is 4 months. They filed for adoption 4 months and 5 days later)
February 8, 2011 " Dick and Becky" file for adoption in the Chancery Court of Robertson County TN
March 12, 2011 " Dick and Becky's" attorneywrites a letter claiming that the Juvenile Case WIILL be suspended due to the petition for adoption in Chancery Court. This letter is BACKDATED. Attorney xyz attempts to explain to Nicole's attorney why she served Nicole through publication!!!! Attorney XYZ says that the upcoming court hearing on April 6 will be suspended/stayed. *** They should have served Nicole through her attorney of record!!!!
March 16, 2011 Notice of Petition for Adoption is filed in the Chancery Court.
March 31, 2011 Brennen is 1% for bodyweight while in " Dick and Beckys" care.
"Becky" testified that Vanderbilt's failure to thrive threshold is 3% or below. By her OWN testimony Brennen has failed to thrive while in her care and Vanderbilt did not notify anyone.
September 16, 2011. In Brennen's medical record's from Vanderbilt in the clinical communication “Spoke with "mother" ("Becky"- )...Her lawyer was wondering if we could medically make a case for neglect, which based upon no initial diagnosis of failure to thrive would be very unlikely”
June 1, 2011 Nicole filed a counterclaim for Kidnapping, Perjury, Tortuous Acts of Malicious Abuse of process.
June 18, 2012 " Dick and Becky" replace their attorney.
August 13, 2012 Ken and Nicole win visitation with Brennen. One hour a week at a McDonalds almost 150 miles away from Ken and Nicole roundtrip!
October 2013 Day one of trial.
November, 8 2012 Brennen is at the 3% for body weight. He has lost about 1/3 of his body weight in less than a month.
December 4, 2012 " Dick and Becky" get Brennen's bodyweight back up 27%. *What a fast decline and weight gain*
January 2013 Ken and Nicole enter a Motion for Medical Evaluation of Minor Child. It is denied. Guardian Ad Litem admits that Brennen DID have a “failure to thrive” episode in Kareena and Scott's care. Guardian ad Litem tells the Chancellor that she is “ not concerned” with previous failure to thrive incident because it was one year ago. GAL says if there is another incident of Brennen failing to thrive while in their care, she would like to know.
January 2013 Day two of trial
***Ken and Nicole tell GAL of the second incident of failure to thrive. She does nothing to help our son.
March 21, 2013 Day 3 of Chancery Court trial
#BringBrennenHome *** " Dick and Becky" lost the petition for adoption and termination of parental rights. They appealed to the Court of Appeals after Ken and Nicole filed another motion for custody in the Juvenile Court. " Dick and Becky" also lost in the Court of Appeals. After the Appellate defeat, Ken and Nicole filed a motion for Preliminary Hearing in the Juvenile Court. They filed in in writing in person, just like they did in October 2010.
*Biological parents request for a 72 hour Hearing was denied. Again. Six times to be exact. Juvenile Court says it is too premature for a 72 hour hearing...This hearing is suppose to be within 72 hours - but NO MORE than 84 hours of the removal of loss of custody.
More to be continued.... years 2013, 2014, 2015, 2016.....