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Justice
Delayed is 'Justice Denied'
Justice
Delayed for Howards Again
In Lowell Court
Quick Return
of Baby Is Slipping Away
By Ed Oliver
March 5, 2001
Although
Neil and Heidi Howard are entitled to a court hearing within 72-hours
after their newborn baby was snatched from them on February 12
(and they were shackled by the Lowell court), a female visiting
judge said last Friday that the matter was too complicated for
her to decide.
The
Howards had appeared on Friday because the DSS has forbidden the
mother from nursing her 2-month old baby when she is seeing her
during visitation.
The
parents tell MassNews they brought their pediatrician to court
to testify that the medication the mother is taking during this
extremely stressful period will have no effect on the baby, but
the female judge told them to come back in two weeks.
No
reporters were allowed in the courtroom.
The
Howard’s two sons have been in DSS custody for over a year without
a trial. The nine-year-old is being told he will never go home
again because he is going to be adopted.
The
parents were told to come back to court on the day they were supposed
to have their 72-hour trial about the snatching of their newborn
baby.
After
the female visiting judge last Friday listened to a brief exchange
between lawyers, she announced that the matter was too complicated
for her – as to whether the mother is permitted to breast-feed
her baby -- and they would have to move the hearing to a later
date because Judge Trainor, the regular judge, was undergoing
a hip replacement.
The
Howards worry that their doctor will not be able to return if
the court keeps postponing their hearing.
Chester Darling Appears
DSS recently
forced the couple to get separate lawyers and is now trying to
get the father’s lawyer, Gregory Hession, removed from the case
because he once represented both husband and wife. They say the
two parents have separate interests.
Atty.
Hession has represented the Howards ever since they lost their
children, and they want him to continue to represent them both.
But a separate lawyer was recently appointed for Heidi, who according
to the couple is a court “insider” who has been trying to sabotage
their case.
When
the civil rights lawyer, Chester Darling, heard about the Howard’s
predicament, he stepped in yesterday to represent Heidi. Some
wonder if it was his appearance in court that made the visiting
judge nervous and desirous of getting out. The Howards told Mass
News they are thrilled and thankful to have Chester Darling on
her side. They said their church community is overjoyed at the
news.
However,
Atty. Darling will receive none of the millions of tax dollars
for poverty lawyers which the
SJC doles out only to feminist lawyers.
Even
though Heidi wrote a letter firing her female, court-appointed
lawyer after she retained Darling, the lawyer showed up Friday
anyhow to add some more hours to her bill to the Commonwealth
and to present a brief to the judge asking that Atty. Hession
be taken off the case.
Heidi
told MassNews, “She didn’t go over it with me first. She stabbed
me in the back. I never even saw the brief before she gave it
to the judge. The guardian who was appointed to protect my baby
said she spoke with the female lawyer for over an hour and told
her that Greg was good for us and it would hurt our case to have
him removed. The lawyer would have destroyed our case if Greg
had been removed. All the work he has put into it would be for
nothing.”
Heidi
said the insider lawyer also tried to convince her to go visit
the kids at DSS without her husband. But Heidi is much more experienced
these days in DSS and court lawyer tactics than she was in the
beginning. “I refused. I told her I’m not going in that DSS building
without him. They want to get me there alone so they can claim
I said something against him.” The judge did not address the matter
about Atty. Hession on Friday.
The
Howards told Mass News that Atty. Darling offered a proposal to
the female DSS lawyer on Friday. He proposed that DSS send the
kids home to live with their parents and DSS could have a court
appointed Guardian ad Litem go to the Howard’s home any time,
unannounced, to check on them. The Howards say DSS flatly refused
the offer.
Does
Baby Have Conjunctivitis?
DSS also charges that the baby has conjunctivitis in her eyes.
The
baby’s pediatrician was prepared to refute the charges. “The pediatrician
was completely prepared to go against all these things DSS is
saying,” said Neil Howard.
The
pediatrician was in court Friday to testify that the Howards were
properly caring for the baby and Jessica was in good health. The
doctor also brought information showing that Heidi was taking
prescription medication, which is proper for breast-feeding mothers.
The medication is a light dose of Celexa, which is a mild anti-depressant.
According
to Neil Howard, DSS is relying on a “diagnosis” of conjunctivitis
by the baby’s lawyer, who is also a pharmacist. Neil Howard told
Mass News the baby’s lawyer is a court insider who works closely
with DSS and has his own keys to the DSS building. The Howards
are confident they have strong evidence to throw out the charges
if they can have their say in court.
The
Howards fear they are never going to get a 72-hour-hearing about
the removal of their child. The next date is set for March 14.
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