MOTHER JAILED FOR PROTECTING HER CHILD FROM ABUSIVE FATHER GETS A NEW LAWYER AND MORE FIGHTING POWER TO PROTECT HER CHILD

Little Rock, Arkansas attorney, Alvin Clay of Clay Law Firm has graciously undertaken the representation of a El Dorado (Union County), Arkansas woman who has been jailed for almost 100 days for civil contempt because she refused to provide the whereabouts of her child to Union County Circuit Judge Carol Anthony who apparently intended to hand the child over to an abusive father in Tennessee.Committed to helping this little girl and her family, Clay has voluntarily taken on this challenge pro bono, assisted by Mary Edelmann, of Litigation Partners of America who has also undertaken this case pro bono.



Both Clay and Edelmann state that the human interest and need factors in this case greatly outweigh any need that either might have for compensation for their services. Both are very committed to eventually restoring some stability in the life of this child in order for her grow up in a nurturing, happy and healthy environment without the threat of being taken away from her home and family members in Union County, Arkansas ever again.Christina (Tina) and James Mitchell have been fighting the judicial system and the biological father for years in an effort to keep their little girl safe.



Jim and Tina were married in 1981 and later separated in 1991. The couple has 3 adult daughters born to them in the 1980's. After the couple separated in 1991, Tina ran into problems when she fell for a fast talking con man (Paul Kelley) that began to physically abuse her shortly after the relationship began. Having grown up in an abusive situation, Tina found it easy to adjust to the abusive relationship with Kelley and each time he beat her up, he apologized profusely promising that it would never happen again.



But, it always did.Just as Tina had become strong enough emotionally to make a break from Kelley in 1993, she discovered that she was pregnant, and once again Tina's good intentions and plans to break free from Kelley were postponed for a while longer. But, not before he began to sexually abuse the precious little child whom Tina had given birth to in Oklahoma City, Oklahoma on independence day in 1994. In 1997 when the little girl was 3 years old Tina made a devastating discovery that would haunt and torment her for years to come, Telephone Recorders Products, .



While Tina was constantly trying to keep her child quiet so as not to disturb Kelley, because with his volatile personality, it was difficult to determine just when he would go off the deep end and another beating would ensue. Tina always feared that Kelley would do something to hurt or possibly kill her baby or herself during one of his rages. It never occurred to Tina that Kelley was also a pedophile and her child would become one of his victims.After relocating to Alabama when the child was approaching her third birthday, she began displaying significant signs of a child who had been sexually abused.



It is now believed that the abuse began during the pre-verbal stages of life, and was simply unable to communicate what was happening to her mother.After a brief confrontation with Kelley, Tina packed her bags and her baby and left there home, but was unable to go far due the lack of funds to relocate. She and her child lived in Athens, Alabama. Hoping that she had heard the last of Kelley, she began to feel safe and secure; her emotional and physical injuries from the years of abuse had just begun to heal when she was served with a Petition for Determination of Paternity and a Petition for Emergency Temporary Custody of the couple's child, filed by Kelley.



Tina had reported the sexual abuse of her child by Kelley to the Alabama Department of Human Services, Child Protection Services immediately after she had discovered it, and shortly thereafter a caseworker had contacted Kelley to discuss the allegations against him. Kelley was now attempting to turn the table on Tina as he alleged in his Petition that it was in the best interest of the child to award custody to him. Despite a lengthy court battle, Kelley was awarded custody of the child. Tina appealed to the Supreme Court of Alabama, but Kelley was taking advantage of the situation, as he knew that the Alabama authorities were vigorously pursuing the investigation of the sexual abuse allegations against him, he also knew that he suffered from an illness and would never stop abusing this child, so he fled the state of Alabama headed for Tennessee with the child in tow.



Kelley also knew that if he were arrested on the molestation charges in Alabama that other similar charges could surface in different areas of the country. He really didn't have an interest in parenting the little girl, but he believed that having control of her would prevent her from talking about his illicit sexual conduct with her. Beat up physically and emotionally, Tina returned home to Union County with James and her three older daughters. Kelley moved to Iron City, Tennessee near Waynesboro in Wayne County, Tennessee where he grew up, had family and friends who were in law enforcement and judicial officers and where he found shelter from the impending molestation charges in Alabama.



Within days after his arrival in Tennessee with the child, the Alabama Supreme Court reversed the lower Court's judgment whereby it determined that Kelley had no standing to have a determination of paternity with regards to this little girl as Tina was still married to James Mitchell who still resided in Union County and because James' name appeared on the child's birth certificate that under Alabama law, Mitchell was the child's father and according to Alabama law no one had a standing to challenge his paternity, as James had never challenged it and had always contended that the little girl was his daughter and he loved her and cared for her as his own daughter just as he did his and Tina's three daughters that they had together.



The Alabama Supreme Court directed the lower Court to dismiss Kelley's petition and to direct Kelley to return the child to her mother. As soon as Kelley received new of the Supreme Court's decision, he immediately filed a Petition to have the Wayne County, Tennessee Court determine custody and to award him immediate temporary custody of the child to him, alleging that it was in the best interest of the child. This claim was bolstered by the fact that the child was already living with him, although he failed to advise the Lawrence County Court of the Alabama Supreme Court's decision, the sexual abuse investigation against him in Alabama or that Tina was the lawful custodial parent of this child in accordance with the Alabama Supreme Court's ruling, and that the Court in Alabama had original jurisdiction over the little girl.



Upon review of the case, the Lawrence County, Tennessee Court dismissed Kelley's Petition for Custody of the child.Despite of the Alabama Courts' decision and its original and continuing jurisdiction over the child and the subject matter and the decision of Lawrence County Court, Kelley filed yet another Petition for Custody, in Wayne County Juvenile Court falsely alleging that he resided in Wayne County, Tennessee. Like the Court in Lawrence County the Juvenile Court in Wayne County also dismissed Kelley's Petition.



Only days later, Kelley filed his third Petition for Custody of the little girl in Wayne County Circuit Court where one of his childhood friends is Circuit Judge. As luck would have it, Kelley's old friend was assigned to the case and presided over it. Kelley filed a Petition for Temporary Custody of the child which was granted and Tina was give visitation with her child whom Kelley had now refused to return to her for almost a year. In order to be near her child and as an attempt to protect her little girl as best that she could with Kelley having custody of her, Tina temporarily moved to Tennessee.



On her very first weekend visit with her child, Tina discovered that Kelley had continued to sexually and physically abuse after he fled to Tennessee from Alabama. Tina could not bear the burden of not taking action to protect her baby, and that summer when Tina was supposed to have her child for a two week vacation with her in California, she decided that would be the time that she would free her little girl from Kelley's abuse.Tina picked up her daughter as scheduled and left Kelley's residence.



Tina did not return her daughter after the two week visitation term had ended. Instead she notified Kelley that the little girl was safe and that she not be returning her to him. During the two weeks, Tina learned of yet additional sexual abuse that Kelley had inflicted upon the child while in Tennessee.Hoping to gain permanent custody of her child, Tina filed a Petition for emergency custody in Union County. The Petition was granted. However, before a hearing could be held and a permanent order issued in Union County, the Wayne County, Tennessee Court entered an order determining that Kelley was the biological father of the child and awarding him permanent custody of his victim.



Tina filed an appeal and the portion of the Tennessee Court's Order relating to determination of paternity was affirmed, however the custody issues were reversed as the Tennessee Court of Appeals held that the Wayne County Court was without subject matter jurisdiction to entertain the custody matter.When the case was returned to the lower court, it failed to comply with the Court's of Appeal order and ordered Tina (in Union County, Arkansas) to return her child to Kelley. The order was registered in Union County Court records and a foreign judgment which under Arkansas law is enforceable in Arkansas.



A hearing was set in Circuit Judge Carol Anthony's Court for the purpose of determining whether Tina must return her child to Tennessee to be handed over to the man who had abused the little girl for years. Judge Anthony determined that the Union County Court was without jurisdiction to entertain any further matters in the Union County case, however on this same date, Tina was ordered to surrender her child to Tennessee authorities who would ultimate return her child to Kelley. The Court had determined that it had no jurisdiction to entertain any evidence related to the child abuse or the necessity to protect this child from abuse.



After this determination was made, Tina was ordered to hand over her child, and when she refused to do so, she was cited for contempt and placed in jail and has remained in jail for contempt since January 28, 2003. Tina's husband James was placed in jail nearly two months later for alleged contempt as Judge Anthony did not believe James when he told at the January 28th hearing that he did not know where the child was that he and Tina had been ordered to have present with them at this hearing.



James Mitchell was released from jail after eight days due to complications resulting from leukemia Contempt punishments are imposed when one refuses to comply with a court's order, and is not a punishment for lack of knowledge. Nevertheless, James served eight (8) days in jail, suffering from Leukemia and in need of appropriate medical care. Judge Anthony entered another order stating that James could be released from jail if he would turn over Tina's computer and telephone records to law enforcement.



James agreed to do so and was released from jail. His wife Tina has remains in jail even though the maximum penalty that could be imposed for civil contempt under Arkansas law is only 10 days.Shortly after Tina was incarcerated, law enforcement in Wayne County, Tennessee contacted the Union County Sheriff's Office and advised that Wayne County had charged Tina with contempt and requested that Union County authorities meet Wayne County authorities in Memphis to hand Tina over to them. When Union County refused to comply and questioned the procedure without properly complying with the extradition proceedings, Wayne County attempted to misrepresent to Union County that extradition was not applicable in this case.



Union County refused to turn Tina over to Wayne County. Within only a week or so, Wayne County had charged Tina with custodial interference for failing to turn her child over to Kelley. Tina remains in jail at this time on the original contempt order by the Union County Judge, contending that according to the Alabama Court order, she is the custodial parent of her child and that she is merely protecting her child from the system that has failed her, as well as from Kelley. She has indicated that she is required under Arkansas Law to protect her child, and that is exactly what she is doing.



The state of Tennessee is now attempting to extradite Tina to stand trial in Wayne County, Tennessee for custodial interference. Despite the fact that this is a mother who loves her child so much that she is willing to remain in jail if it means that her daughter can remain safe and healthy and does not have to have any contact with Kelley.Kelley has previously threatened to kill Tina and her child to prevent them from disclosing any further issues regarding the abuse that he has inflicted upon the little girl.



Tina as well as her daughter are terrified of Kelley and have reached out to law enforcement and various agencies for help and their pleas for help have gone unheard. That is until a concerned member of this little South Arkansas town contacted Mary Edelmann, Legal Analyst/Litigation Consultant and founder of Litigation Partners of America, Inc. an organization in Little Rock, Arkansas that specializes in civil and criminal litigation consultation and support services on both State and Federal levels.



Edelmann is an advocate for children's rights, particularly those who have been abused and those whose parents are incarcerated. She is also an advocate for the rights of prisoners whose sentences are excessive and those whose sentences have been improperly imposed. After a brief summary of the facts in this case, Edelmann recognized that becoming involved in this case was not a choice for her, as her strong commitment to abused and/or neglected children and their rights would not allow her to consider anything other than helping this child and her mother.



Edelmann immediately set out to locate a local attorney who would be willing to take Tina's case pro bono and would work just as diligently as he would if he had been retained for a five or six figure fee. Edelmann determined that Alvin Clay with Clay Law Firm in Little Rock, Arkansas was the man for the job. Clay was more than happy to help this mother insure the safety of her beloved little daughter. Clay a native of Blytheville, Arkansas focuses his practice on civil and criminal litigation and is committed to protecting the rights of children as well as other citizens who have suffered an, Telephone Recorders Products, injustice in the community or in the judicial system.



While there is a specific legal strategy in place in this case that both Edelmann and Clay believe will result in their ultimate goal, it has not been disclosed at this time. It is noted, however that on May 5, 2003 on behalf of Tina and James and of course their child, Clay filed a Petition for Temporary Emergency Jurisdiction, a Petition to Terminate Kelley's Parental Rights to this child as well as a Petition for Emergency Custody to be granted to Tina and James. It has also been indicated that contacts have been made with the Governors' offices in the State of Arkansas as well as the State of Tennessee by the legal team, but no additional information is available at this time.