Note: The Clarkston News is with holding last names from this story due to the ages of the children involved.
Every day millions of Americans depend upon the U.S. justice system to right the wrongs forced upon their lives.
For one Springfield Township woman, righting those wrongs became a more costly matter than she ever imagined as she fights and struggles to pay a $97,520.70 debt issued by the Oakland County Courts.
The crime
On July 21, 2002, life came crashing around Tracy when she learned her ex-husband was sexually abusing their three children ? Amanda, Gary and Ashley.
That day, her then 10-year-old daughter Ashley came home, crying, and requiring medical attention for assault.
‘The children had spent that Sunday with their father,? said Tracy. ‘Ashley came home, and she had been sexually assaulted. I immediately took her to the hospital, and they called the police.?
On August 22, 2002, Tracy’s ex-husband was interviewed by police. According to Tracy, he confessed in writing to sexually abusing all three children.
The court case
Authorities brought charges against the father on behalf of all three children. A court case combining the charges regarding Amanda and Ashley began in Pontiac 50th District Court in September 2002.
He pled no contest and was found guilty on Sept. 16, 2003 in Oakland County Circuit Court.
In regards to Amanda he was charge with criminal sexual conduct second degree; and in regards to Ashley he was charged with two counts of criminal sexual conduct first degree. All charges were in regards to a minor and relation.
On Nov. 5, 2003, he was sentenced to 10-50 years for his crimes against Ashley and 71 months to 15 years for his crimes against Amanda. He is to serve the two sentences simultaneously and is not eligible for parole until March 2013.
A second court case
Throughout the criminal proceedings involving her daughters? abuse, Tracy said she dealt with several prosecutors.
‘I never even met or saw them until we were in the courtroom,? explained Tracy.
At one point in 2003, Tracy said the prosecutor leading the case approached her to initiate termination of her ex-husband’s parental rights. Authorities were concerned the father would force visitation with the children while in prison.
For the trial, the court appointed a Guardian Ad Litem/attorney Paul Baker to represent the children.
The father’s parental rights were terminated on September 28, 2003.
The trouble begins
Tracy said throughout the court case her daughter Ashley struggled emotionally and mentally with the situation and her life. Her youngest daughter could not cope with what was done to her.
‘Most of her suffering began after the sentencing,? said Tracy.
‘She was very angry. She was like a time bomb. She busted up the home and came at me with a knife at one point. She was not controllable,? said the desparate mother. ‘She was thrown out of school for stealing and making false allegations. She even began acting out sexually against her brother.?
The day after Ashley reported her father’s assaults, she began receiving treatment through a day program at New Oakland Child-Adolescent and Family Center in Davisburg. In 2003, Tracy’s current husband Donald’s insurance paid for the care.
Ashley was receiving out-patient treatment off and on throughout 2004. On Dec. 6, 2004, she was admitted to Havenwyck Hospital in Auburn Hills for full-time observation. The placement was by recommendation of the Family Independence Agency and authorities with the Oakland County Sheriff’s Office Springfield Township substation.
On Dec. 16, 2004, Tracy’s problems grew even larger. Donald’s insurance refused to pay for Ashley’s full-time care. Doctors with Havenwyck Hospital contacted Tracy and said the child could not be released. Ashley was still not well.
A new trial
According to Tracy, she was contacted at this time by FIA and told she had limited choices.
‘They basically said these are your options: you take her home and we are removing your other children and charging you with child endangerment, or you leave her there, she gets the help she needs and we file child abandonment and neglect charges on you,? Tracy said, frustration in her voice.
‘What can you do? I needed to help my child. She needed care that I couldn’t afford.?
Tracy did not contact an attorney at this time. She said she received advice to contact Easter Seals for assistance, but was told the organization would only assist with in-home care, not hospitalization.
After searching and searching, but unable to find the money for Ashley’s care by Dec. 21, 2004, Tracey accepted the abandonment and neglect charges ? allowing Ashley to become a ward of the state.
Trouble grows worse
Tracy believed everything was taken care of until Feb. 5, 2006 when she received a letter from the Oakland County Circuit Court Department of Reimbursement.
The letter stated Tracy was responsible to pay for the children’s GAL/attorney from the father’s parental rights termination case, the cost of Ashley’s care at Havenwyck and all costs associated with Ashley’s foster care.
The total bill, as of April 16, 2006, is $97,520.70.
‘I can’t believe this. We didn’t have this money before, why would we have it now?? asked Tracy. ‘I let them take her away because I didn’t have the money. Why do they think I can pay this??
Tracy said she contacted multiple government agencies and officials: Victim Services, Restitution, Friend of the Court, Juvenile Court Mental Health Division, The Michigan Bar Association, Gov. Granholm’s Office, Sen. Cherry’s Office, Rep. John Stakoe’s Office and State Prosecutor David Gorcyca.
‘No one could seem to help me. Every office I called kept telling me they couldn’t go after (the children’s father) because his parental rights were terminated. Besides, he’s in prison and the court doesn’t want to wait that long for the money,? said Tracy.
‘The restitution department said we didn’t get restitution in the first place because Donald’s insurance was covering her care at the time. Everybody I’ve called and told I don’t understand this has said, ‘If you don’t like the laws ? call your legislators and change them.?
‘I just don’t understand how someone can hurt you so badly, and you have to pay for it again and again.?
Too many questions
Phone call after phone, Tracy said she reached dead ends. She eventually e-mail Clarkston News Assistant Publisher Don Rush in desperation:
‘When the court system terminated his parental ‘rights,? it also terminated his ‘responsibilities? to the children? I DON’T UNDERSTAND WHY THE TWO GO HAND IN HAND!
‘His ‘rights? should have been terminated due to the fact that he committed a crime against them. His ‘responsibilities? should not have been terminated due to the fact that he helped make these children? and just because he is in jail is not an excuse.
‘I feel the whole justice system is being two faced when it comes to the issues of ‘rights? and ‘responsibilities.?
‘The justice system takes away a person’s ‘right? to freedom by placing them into prison for committing a crime. Yet the justice system expects the criminal to take ‘responsibility? for the crime that he committed by admitting it and learning that it was wrong.
‘In this situation, ‘rights? and ‘responsibilities? do not go hand in hand, yet when it comes to other situation, they do. I guess what it all boils down to is? what’s in the eyes of the justice system is the only eyes that count, in the eyes of the justice system!?
What now?
Tracy contacted Pontiac appeals lawyer Kevin Laidler to handle her case.
According to Laidler, he is attempting to accomplish two things regarding the situation:
? Get the restitution order for the children’s father changed, and
? Get the monthly amount Tracy is required to pay changed.
Laidler said at this time no paperwork has been filed and he is waiting for her final monthly payment amount to be calculated. He does not anticipate to get the restitution order changed easily.
‘The issue ends up about big pockets,? said Laidler. ‘Tracy has bigger pockets than the rapist father.
‘Somebody has to pay for it somewhere ? and the parents should be paying for their children. It’s not fair, but the county is set up that way. They put it on the victim to pick up the tab on their own treatment.?
Laidler was uncertain whether or not they would attempt to have Tracy’s abandonment and neglect conviction overturned.
In addition to working with an attorney, Tracy has spoken again with Senator Cherry’s office, who informed her they will research the matter.
The Clarkston News sent a summary of Tracy’s situation to Representative John Stakoe, as well as a listing of names and phone numbers for those government agencies involved. A list of questions regarding the matter was also included. We are currently awaiting a response.
In the end, Tracy still sits and waits while a $97,520.70 debt hangs over her head ? and will possibly hang there for the rest of her life.
Her newest fear
Tracy’s newest concern is becoming trapped in the same situation ? emotionally and financially ? with her son Gary.
Gary, who is now 15, is mentally and physically handicapped due to a car accident. Authorities began prosecuting charges on his behalf against his father this past week.
Gary’s father is charged with three counts of criminal sexual conduct in the first degree involving a minor.
According to Tracy, the trial was rescheduled twice and adjourned once before opening last week. Paperwork Tracy possesses shows Prosecutor Rob Giles leading the case.
‘They tell me this is a tricky case because my son is disabled due to a closed head injury he received,? said Tracy. ‘I’m going to have to testify to help make everything clear.?
Tracy said her experienced his first day of court this past week. The event was not easy for the child.
‘He is aggressive, but I don’t know if its because of the sexual abuse or because of his mental condition,? said Tracy when asked about her son’s behavior.
‘I’m terrified we’re going to end up in the situation all over again ? and I can’t afford to pay another $100,000 for the rest of my life.?