Government Gives Survivors the Bird

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

The Declaration of Independence

The pursuit of happiness, as once envisioned by our forefathers is now a joke! My family has been feeling this since February 15, 2016 when we invited the “system” into our lives in a belief that the system would protect and empower us to escape a dangerous, destructive, and dysfunctional family system. What follows is a true example of what can happen when we think we are people and our safety comes before a government budget. As I portray our truth I will start my story with a “he said, she said,” because I never thought that I would have to prove the steps that my family took to protect ourselves from danger just to be screwed by those that are set to protect society! I will also be including information from personal emails between myself and an individual in a perfect position to protect YOU from criminal behaviors. There is also information that is readily available to the public, though it takes some knowing where to look, then hours of digging to find what you’re looking for. In the interest of “knowledge is power” I will be linking to this information to save you time in looking up the hidden truths of the system set up to protect the criminal from prosecution to the fullest extent of the law as the government protects their ASSets!

On February 15, 2016, I was given information that my daughter was a victim of sexual assault by a man that professed to love, honor, and protect myself and my children whom I brought with me to the marriage. I had suspicions for a long time prior to this, but when I confronted him he responded with a web of deceit meant for me to believe that I was crazy. When I was given the information I immediately contacted police so that an investigation could begin. I was informed that there was nothing that they could do until my daughter was in the community to be interviewed (at the time she was in college a few hours away). I explained to the officer that I have two minor children with me and could not return to the home as I felt that we were in danger of further abuses. I was given information for a local domestic violence shelter as a temporary solution.

The urgency of the situation required that my minor children and I sneak into the home to grab our prescription medications. We left with those and the clothes on our backs. I honestly believed that the police would at the very least request that he leave and make the home available to us at the very least, but ideally arrest him. As a matter of comfort and trying not to traumatize my children more than had already happened we sought safety at the home of a relative. However, we ended up at a shelter a couple of days later.

On February 19, 2016, my daughter joined us at the shelter and police were contacted. Interviews happened, emergency protection orders sought, divorce papers filed, and Child Protective Services (CPS) contacted. It was a dizzying flurry of activity that was frightening, infuriating, and sad; I also felt a weight lifted and an amazing amount of safety.

Per the court I was instructed to pay the extra funds to have the Sheriff’s Department serve all of the legal documents “for safety reasons.” Several days later I received a phone call that the papers had been served, but he was found unresponsive and as the deputy stated, “he is passed out, drunk! He is in his yard with no coat, I have called an ambulance.” What the deputy did next blew me away, he failed to disconnect the call and I could hear him telling a paramedic, “I pulled up and I thought, holy sh*t, I hope that f***er isn’t dead!”

To condense this story a bit, the following months was an endless barrage of delays in every possible court case that we had going; criminal, divorce, child support, and even a hearing to terminate his parental rights. It seemed that everything was hinged on the criminal case, which was scheduled for December 7th and 8th.

Friend of the Court offered the run around by stating that they were not receiving the documents that I was sending regarding my proof of income. They also stated that were not receiving the other party’s documents. In all honesty, as angry as I was at him and his indiscretions I had to offer him the benefit of the situations since I had sent my paperwork three times! My attorney hand delivered the documents, which obviously could not be ignored and finally I was given a hearing date.

Upon arriving at the hearing my ex was noticeably absent and Friend of the Court advised the judge that neither my ex or his employer were cooperating with requests for proof of income. A warrant was issued for “show cause,” however, I have since noticed that said warrant had mysteriously disappeared from the documents of my online file! To this day I have not received a penny of child support, nor have I been given a judgment in the matter.

As instructed my daughter contacted the Prosecutor’s Office the day prior to trial and it seemed that my ex was missing and the case was listed on the voicemail of the office as “resolved.” To my children and I this meant he had run, killed himself, or was somewhere lurking, watching us, and waiting to pounce. This was not the man that I married, but I had lost that man long ago, I no longer knew who he was or what he was capable of.

On December 31, 2016, my ex-husband was located in the hills of Big Sur, California. There he was taken into custody and proceedings began in Michigan to have him extradited.

The trial was set yet again, but the stress of everything was getting to us. One of my children was admitted to the hospital due to overwhelming stress of this situation coupled with expected stressors of a young adult. Upon getting word of this the prosecutor stated we should seriously consider a plea deal to save the children the added stress of testifying.

In several emails between Joe Bizon and myself regarding the plea deal Joe was informed that my daughter wanted prison time, the need for him to register as a sex offender, and the ability to make an impact statement to the court. I told Joe that if these requirements could not be met than we prefer to go to trial.

In an email to be dated April 8, 2017, Joe Bizon states, “I am okay with that, but I am pretty sure that means a trial. That is ok. I think we are ready.” Ultimately, a charge of Criminal Sexual Conduct 4th Degree was agreed upon with the Prosecutor and Defendant. This directly defied our requests as it is a misdemeanor and my daughter had reported five years of abuse, also the maximum time for this is 9 months in county jail. Per the above linked article the Prosecutor states that the victim agreed to these terms.

Through this process I have learned not to believe everything that you read, even if it is written by seasoned reporters. To be sure these lies were correctly stated I paid almost $30 to get the transcripts for the plea hearing. Every word in that article is backed by the transcripts in my possession.

In an email dated April 24, 2017, Joe Bizon informs me, “Mr. Eitniear entered a plea to CSC 4th degree. That is a felony sex offense.” I was positive the label of felony for the charge was incorrect, but I was not prepared to argue that. Instead I researched legislation for the State of Michigan. As I suspected the charge is in fact a misdemeanor.

At this point our hands were tied and our only glimmer of hope was our impact statements. My statement was sent to the judge, but was not read in court, therefore it is in the court file, but I’m not sure if it is a matter of public record, so I will refrain from sharing this. However, my daughter’s statement was powerful, witnessing her anger in the courtroom was to see my daughter transform from a victim to a survivor right before my eyes! Portions of this can be read here.

Every day for 18 consecutive days I watched the sex offender registry and his name never showed. On the 18th day I contacted the probation/parole office to find out who screwed up this time. I was frustrated to learn that based on the charge he plead to and the fact that it is only one count he is registered on a NON-PUBLIC sex offender registry. The very idea of this baffled me, that defeats the entire purpose of a sex offender registry! I was dumb founded, so I headed back to Michigan Legislation where I found this:

The public internet website described in subsection (2) shall not include the following individuals:(a) An individual registered solely because he or she had 1 or more dispositions for a listed offense entered under section 18 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18, in a case that was not designated as a case in which the individual was to be tried in the same manner as an adult under section 2d of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2d.

(b) An individual registered solely because he or she was the subject of an order of disposition or other adjudication in a juvenile matter in another state or country.

(c) An individual registered solely because he or she was convicted of a single tier I offense, other than an individual who was convicted of a violation of any of the following:

(i) Section 145c(4) of the Michigan penal code, 1931 PA 328, MCL 750.145c.

(ii) A violation of section 335a(2)(b) of the Michigan penal code, 1931 PA 328, MCL 750.335a, if a victim is a minor.

(iii) Section 349b of the Michigan penal code, 1931 PA 328, MCL 750.349b, if the victim is a minor.

(iv) Section 539j of the Michigan penal code, 1931 PA 328, MCL 750.539j, if a victim is a minor.

(v) An offense substantially similar to an offense described in subparagraphs (i) to (v) under a law of the United States that is specifically enumerated in 42 USC 16911, under a law of any state or any country, or under tribal or military law.

This information can be located here.

All the worry, the stress, the emotional turmoil … the YEARS that this man perpetrated, the severity … duration, none of that came into play in the plea deal or sentence, every bit of it hinged on this being the only time that he got caught and his past criminal history, which is basically non-existent … so, he spent five years committing crimes, but that’s okay, because we never really caught him!

The pursuit of happiness? The system has made this a long shot!

 

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One Victim’s Transformation to Survivor

“According to The National Child Traumatic Stress Network, 1 out of 4 girls will experience some form of sexual abuse before the age of 18. It also states that most cases go unreported. You made me one of those statistics. For 5 years, this went unreported. For 5 years, I was one out of four girls.”

As my daughter stood before the judge and a courtroom full of strangers I listened as her nervous tension squeaked past her vocal cords. There, with her back to me, just a foot away I listened as she addressed her perpetrator. I knew she needed a reminder that I was there, but I feared touching her; I didn’t want my anger to override her emotions through my touch.

At the suggestion of another I did reach out, and something amazing happened. As my hand touched her back and began to rub (as is customary of our interaction during tense moments) her voice grew loud, she was angry and she let it be known. My little caterpillar that spent most of her life hidden away in a cocoon of secrecy suddenly emerged a beautiful butterfly … it was that instant that the room turned into the color of tears, not only for what she has had to endure, but for the empowering strength and inspiration she has become.

Prior to my daughter reading her impact statement the prosecuting attorney said, “Now you are very soft spoken, but you need to speak up so that the court can hear you.” However, I’m pretty sure that the prosecutor thought that her booming voice of anger was going to smack him in the back of the head!

She stood there reading the details of his years of abuse, she stated her hatred for him, she spat out memories that have become nightmares, and she yelled at him as she told him that she has been diagnosed with Severe Post-Traumatic Stress Disorder! All the while she watched him, hoping to see some reaction from him, but as is his trait, he was completely emotionally removed from the reality that the rest of us are facing. He could not look at her, or anyone. She completely owned the courtroom as she told the truth, all eyes were on him, including those of other inmates. He could not look at here, could not make eye contact with a single soul in the room. His shame moved around the courtroom like a bouncy ball on speed! She flipped the switch today, she let him know that he can no longer intimidate her.

Per the plea agreement my ex-husband was supposed to be released today with credit for time served (159 days) and the order to register as a sex offender. Yes, this is merely a slap on the wrist, but as long as the victim remains informed the prosecutor is free to reach any deal that he (or she) wants in an effort to save money on trials. However, the judge has a heart … he added 91 days discretionary jail time (if he violates probation), 5 years of probation and registration as a sex offender.

In my victim’s impact statement that represented all five of my children I had requested an addition of the five years of probation, never did I think we would actually get it! Yes, he was released late this afternoon, and our lives are back to checking over our shoulders, but even if the sentence came out to be exactly what it was supposed to be there is nothing more empowering, satisfying, or inspirational as seeing your child transform from victim to survivor, caterpillar to butterfly in an instant right before your eyes!

For further information: CSC Victim Scolds Perpetrator