Under the federal Indian Child Welfare Act of 1978, the tribal council is given jurisdiction in cases in which the tribe is recognized by the Bureau of Indian Affairs. However, the Abenaki Republic Algonquin Federation is not recognized by the bureau, according to a spokesman from the Bureau of Indian Affairs. DeVee took the case to federal court in September, attempting to get an injunction agains the county, but the case was dismissed. DeVee subsequently surrendered in Municipal Court November 05, 1992 but kept the location of her children confidential. She testified Monday that last week a family law judge granted her custody with no visitation provision for the children's father. DeVee said her children do not want to see their father. After plowing through several objections by deputy district attorney Gary Lacy, DeVee's attorney J. David Nick, questioned DeVee about her daughter's alleged sexual molestation by her father. The defense attorney was attempting to prove that his client had good cause - a defense to the charge - to conceal the location of her children. However, non of DeVee's allegations regarding molestation and abuse were corroborated. Nick attempted to call DeVee's 10-year-old daughter to the stand to testify, presumably to back up her mother's allegations that she was abused by her father. The prosecution, however, objected, with the judge siding with the deputy DA (District Attorney), and the girl did not take the stand. DeVee also said she feared not only abuse by her ex-husband, but by CPS as well. She said one CPS employee left her daguhter's arm bruised. No physical evidence was presented to substantiate that claim. She also said the employee showed up at odd hours unannounced. DeVee said she feared her children being placed in a foster home again and being accessible to their father. Ed Zylman, county social services program manager, said that if any physical force was used on a child, corrective action would be taken against the employee. However, he said he cannot comment on specific cases. He said it was not customary for CPS workers to show up during late-night hours, as alleged by DeVee. However, it is customary to make unannounced visits. "It's our job to protect children...We want to see them in their natural environment," Zylman said. After testimony to the court, Nick argued there was no evidence presented that the children's father had any visitation rights of their children. "Missing one court appearance falls too short (of the charges," Nick said. However, the prosecutor argued that DeVee failed to comply with the local court's jurisdiction. "She's depriving the Superior Court (of determining visitation rights) and ultimately depriving (the father)," the prosecutor said. Judge Hamilton said at the conclusion of the hearing that if the allegations against the father are true, that he would hope the father doesn't have any custody rights. "But so far the charges are (only) allegations," the judge commented. He ultimately said there is enough evidence for DeVee to answer the charges in Superior Court. Defense attorney Nich requested the felony charges be reduced to misdemeanor charges. The judge said that while that may be the appropriate move in light of the testimony he heard, he would let Nick make the request in Superior Court.
Document 06: Mountain Democrat and Placerville, CA Times Newspaper 143RD YEAR NO. 7 dated Wednesday, by Michele Mariner, Staff writer. January 13, 1993 (Compare the date's see link: http://reinventedvermontabenaki.blogspot.com/2009/10/january-07-1993-letter-from-howard-f.html) DA drops charges against mom in parental kidnap case." Officials with the El Dorado County District Attorney's office Monday, "in the interest of justice" dismissed the charges against a woman they earlier alleged kept her children hidden from her ex-husband to deny him visitation rights. Sherrie Anne DeVee previously was charged with two felony counts of depriving and hiding her children, ages 10 and 12, from her ex-husband. However, she has maintained that she did it to protect them from an abusive father, as well as from an abusive system. The dismissal came about at a hearing in which defense attorney J. David Nick made a motion to the court to dismiss the charges. But before Superior Court Judge Eddie T. Keller could make a ruling, deputy district attorney Steve Russo said the DA's office chose to dismiss the charges "in the interest of justice." Following the court appearance DeVee said she is relieved the whole situation is over. During a December preliminary hearing, DeVee testified she had sole custody of her children for about the last five years with her ex-husband having supervised visitation rights at the outset of the divorce. DeVee told the court she believed her ex-husband was beating the children, including sexually abusing their daughter. That prompted her to turn to El Dorado County's Child Protective Services for help. CPS temporarily placed her children into a foster home until a Superior Court judge granted sole custody to DeVee with the question of the father's visitation rights pending. El Dorado County Sherrif's........see DISMISSED, page A-14.
Document 07: DISMISSED continued from A-1 (Document 06)....page A-14 of the Mountain Democrat and Placerville, CA Times Newspaper 143RD YEAR NO. 7 dated Wednesday, January 13, 1993 by Michele Mariner, Staff writer.....deputy Steven Ragan testified that the became involved in the case after the children's father's attorney told authorities his children were abducted after DeVee failed to show up for a September court hearing (whne Howard F. Knight Jr. and Homer St. Francis Sr.'s Tribal Ambassador Roger "Running Elk" Dashanais were in El Dorado County, CA providing Sherrie DeVee an alleged stolen van in which to flee the local juisdictional authority, ending up "hiding" out on the Rosebud, South Dakota Indian Rez until Sherrie DeVee found out she had a Federal Warrant out for her arrest). The case took a twist when DeVee, who is Abenaki (Indian) ancestry, testified she took her children to Massachusetts to recieve a tribal ruling (this "tribal ruling" came from un-State recognized and non-Federally recognized "Chief" Homer St. Francis Sr. - non State or Federally recognized Howard "Chief Rushing Water" F. Knight Jr. - "Tribal Judge" Robert "Spirit Wind" Maynard -"Homer's Tribal Ambassador" Roger "Running Elk" Dashanais) , which would supersede local rulings, on whether the tribe should retain custody of the children. Under the federal Indian Welfare Act of 1978, the tribal council is given jurisdiction in cases in which the tribe is recognized by the Bureau of Indian Affairs. However, the Abenaki Reupublic Algonquin Federation is not recognized by the bureau according to a spokesman from the bureau. DeVee said she then missed one court appearance in which a judge was supposed to determine whether he ex-husband would have any visitation rights.
She was then charged with parental kidnap and subsequently surrended herself to the Cameron Park Municipal Court. Presecutor Russo said after looking at the case more closely and more evidence was revealed, the DA's office decided not to pursue the case because it was borderline and not worth the resources of the DA's office. DeVee's ex-husband did not have custody at the time she left the state with her children, he said. "It became more theoretical than actual," Russo said of the fact that hte question of visitation rights by the father was pending in Superior Court. Since the criminal charges, DeVee was granted sole custody of her children by a juvenile court.