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could we sue the county?

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silverlighting

Junior Member
What is the name of your state? WASHINGTON,WHATCOM COUNTY.
Hi, I'll try and make this as short as possabile.
On March 21 2008, my son who has been a life long resident of Whatcom County, who has become a productive & tax paying citizen in this community, but who also has past juvenile & adult felony chargers on counts of possession of controled substance's (pot), his last arrest was in 2006. He's held down this same job, with the same company for 2 years, and is a father of two, and is just starting to catch up on his back support owed on his oldest daughter. His youngest daughter was just delivered on March 24 2008 by his long time girlfriend.
As I've stated above, my son (Kenny) was arrested on the night of the 21st in front of his appt building, in front of his then pregent girlfriend and her two other young children, after arriving home from work. The aressting officer was a county sheriff drug inforcement officer, along with 3-other back-up officers.
Both Kenny & his girlfriend (Jessica) asked for the reason for the arrest a few times in the process of cuffing, the reading of rights, and detainment in the sheriff's car, never to be givin a responence to their question.
Since this arrest took place on a friday night, both Kenny & Jessie knew that there would be no release or hearing's untill that following monday.
Unfortunately, though Jessica went into labor that sunday night, and delivered their daughter early monday. I went to court to understand the reason for the aresset.
Court started at 9am, at least 15 different cases were heard by a court commisioner and all other detaine's were to empty the court room before Kenny's case could be heard.
He had a public defender with him, as I moved to the table in front of the viewing screen and mic, the court commisioner asked me who I was. I stated to him that I was Kenny's mom, then the commis stated befor anything was to be heard that "what ever was going to be said eather by myself or the p.d., nothing will sway the already decided charges set agenst Kenny"!
This was said befor the swearing in, any comments that would be made by eather the p.a. or p.d., this was even stated befor he asked Kenny his name and dob.
After that statement was said, the commis read the charges of "child molestation in the
3td!! Mind you though Kenny was detained for two days with out knowing what his charges were untill at that moment.
I was of course shocked at this charge, it was the frist ever hearing such a thing. After the commis read this charge Kenny tryed to speak-up for himself, because the p.d. never said a word on Kenny's behalf. The commis stopped Kenny from further speaking and again stated the there would be no swaying in the already decided charge and he would be held on a bondable $25,000.000 until friday April 4 2008. The commis did ask me if I had anything to add, knowing that Kenny had no idea that Jessica had the baby early that day, I told the commis and Kenny, I also asked if it would be possable to release Kenny to me were he would remain, not only for jesica and the baby, but he was also starting a new large work account through Bellis Fair Mall, that was a three month deal with paying wage of $30.00 an hour, and that it was somthing Kenny could not afford to miss out on.
Of course after Kenny heard that Jessie was in the hospital with their new born he broke down into tears, but the commis still could not be swayed into releasing Kenny to me.
That was the end of court for that day... I could not belive all this, I went to a bails bondsmen and was told that I would need to come up with $2,500.00. This was impossable for me to do in any amount of time. I went back to the court house to speak with Kenny's P.D. and try to gain more info then what little I had gotten earlier.
I was given the statement written by the vic's mother,(vic, age at this time 11 yrs, age at the time the statement was given 5yrs old !) this being noted that 6 years had pasted since the statement was originally given to police ? The statement was a short pargraph, stateing that on such & such day Kenny was in their home while the mother was taking a nap, Kenny had took the 5 yr old into her bedroom and made her touch him. That was it, short and not sweet at all. I knew this young girl and her mother through my oldest daughter whom befriended them, I was also informed that this young girl's mother had been charged with the same crime within the last 3 years, but all charges were droped because the courts took the mothers reasoning to the charges as noteworthy, their mother told CPS & the courts that she would have to rub her daughtes virginia at night to get her to fall asleep, otherwise the girl would cry thru the night ! I requested to see this fact finding report but was refused.
I also asked th p.d. as to why we are just hearing of this now, six years later, why was there no questing, polygraph, whatever???
The p.d. just shook his head with no commints to my question, other then to say it would be in our best intrust to hire a good lawer..
I did go speak to a well known lawer in town, who is known to be a pitt-bull in court, plus I did know enough of the system to know this was B.S.!!!
The attorney heard me out shaking his head through it all, he then asked if I knew who the p.d. and commis were? I didn't he then went ahead and called the court house for that info, this took place on wed the 27th of march. Funny enough the girl who took the call at the court house was filling in for the reg office girl and didn't know who eather were.
On thursday the 28th of March Jessica was realeased from the hospital, she was held an extra two days because of complactions with herself. After arriving home and within a 2hour span, Kenny and Jessie's landlord shows up w/ a 3-day e-vic notice in hand... GREAT!!!
After 9days of Kenny sitting in jail we were able to work a long and tuff agreement out w/ the bail bonds, of $1,000. cash, a $1,250. check to be held until Kenny comes up w/cash w/in 15days, the title to Kenny & Jess's car and two employed co-signers. Kenny was realeased on monday the week of his arrement hearing was that friday. Friday, April 4th 2008, 7:00am, Kenny receives a phone call from the p.d. from the Whatcom Count Court House informing him that all charges had been droped, w/out preg.!
AWSOM!!! Now yesterday I went into the WA, State court records website, I looked up Kenny's case and noticed that while Kenny had only been to the frist facts finding hearing, there had been of course a bail reduc hearing on the 26th, but on the 28th of March, it stated the there was no prob cause for detainment?
So here we are, this is were we stand for now... Kenny had spent 10days locked up, missing his daughters birth, loseing their appt, w/three kids, pulling every friend and family member together to come up with the bail money, which still needs to be paid, this charge which was droped but will be forever on is record, and all other B.S. we've all been put through.
Could we, should we, file a slander suit against the alleged vic & mother? File a suit aginst Whatcom County for the lack of responce to alleged charges filed 6yrs ago, not informing Kenny of alleged charges, money lost to bail bonds, lost wages from work, money spent to move, because the police informed the landlords befor informing Kenny or Jess of alleged charges, mental and emotional stress... The list goes on!
I know I said short here, sorry about all the reading, got a head banger yet? :) sorry not funny... We really feel that Kenny has gotten burned on alot of things for no dam-reason, and I feel that he souldn't allow the county to think that it was no skin off their noses, they still get a cut of that bail $, and why should they feel bad about the ****ty boomarang effect its taken on a young couple just trying to make it in the county were my, theirs, and everyones taxs are pading their pocket.
I realize that my family and a few choice friends are anything but god-fearing law bidding never do wrong, I'll be the frist to admit it, but we are not child molisters, murders, rapest or gang members who beat up old people for their S.S. checks, but we do want a fair chance to just live without having a huge stumbling block in our way. None of us are rich, me make on a pay-check-to-check living which sucks, but we were happy.
So what do you think, would it be worth taking the time to go for a bank loan and get us a ball busting King County Lawer and bust some chopps?
Again thanks for taking the time to read this novel... You can email me at above adress. Again thank you...Lori
 



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