Is this America? (Son kidnapped to Cheshire County Jail)

[Kat Kanning]

Gerry Spence
P.O. Box 548
Jackson, WY 83001

Email: gerryspence@gerryspence.com

[Kat Kanning]

Hey, if this guy really was abusing his kid, as the government claims, wouldn't he be in jail for child abuse rather than contempt of court?

[Russell Kanning]

Ask to inspect the court file.  It is a public record.

They are saying that this is not public record. Right now I am not interested in digging into the governments paperwork. I will let the outsiders tell their story and let people know that the government is not talking. If they want their side of the story told, they can contact us.

[Spencer]

Ask to inspect the court file.  It is a public record.

They are saying that this is not public record. Right now I am not interested in digging into the governments paperwork. I will let the outsiders tell their story and let people know that the government is not talking. If they want their side of the story told, they can contact us.

Here's an interesting article regarding the level of compliance of various NH and Maine towns in public records requests: http://www.boston.com/news/local/new_hampshire/articles/2007/03/12/towns_in_maine_nh_spotty_on_releasing_public_records/

"A citizen does not have to offer a reason or demonstrate a need to inspect the documents," according to the New Hampshire attorney general's memorandum on the Right-to-Know Law. "If a record is public, it must be disclosed regardless of the motive for the request. The issue is always whether the public should have the information, not whether the particular requesting party should have the information."

According to the Open Government Guide of the Reporter's Committee for Freedom of the Press (http://www.rcfp.org/ogg/index.php?op=browse&state=NH), the following applies to courts regarding public records:

Courts: The Statute nowhere defines courts as public bodies, nor imposes upon courts any requirements of disclosure. Access to court records is provided by Part I, Articles 8 and 22 of the New Hampshire Constitution as interpreted by judicial decisions. The Associated Press v. State, 888 A.2d 1236 (2005), and cases cited.

Here's what the AG's office says:

V. COURT RECORDS
A. THE RIGHT-TO-KNOW LAW DOES NOT APPLY TO THE JUDICIAL BRANCH OF GOVERNMENT

Access to court records is governed by Part I, Article 8 of the New Hampshire Constitution (the public's right of access to governmental proceedings and records shall not be unreasonably restricted). The New Hampshire Supreme Court has specifically recognized that the New Hampshire Constitution creates a right of public access to court records. Petition of the State of New Hampshire (Bowman Search Warrants), 146 N.H. 621 (2001). That right is not absolute and can be overcome when there is a sufficiently compelling interest supporting non-disclosure. The court system has established its own procedures for providing public access to its records and proceedings. See Associated Press v. State, 153 N.H. 120 (2005); see also Petition of Keene Sentinel, 136 N.H. 121 (1992).

B. SEALED COURT RECORDS

The Supreme Court, first in Petition of Keene Sentinel, 136 N.H. 121 (1992) and more recently in Associated Press v. State, 153 N.H. 120 (2005), established the standards to be applied whenever a member of the public, including the press, seeks access to sealed court documents. The standards require that:
1. A party opposing disclosure of the sealed court document must demonstrate that there is a sufficiently compelling reason that would justify preventing public access to the document;

2. The court must determine that no reasonable alternative to non-disclosure exists; and

3. The court must use the least restrictive means available to accomplish the purposes sought to be achieved.

http://www.doj.nh.gov/publications/html_right_to_know.html#V

And, finally, here's an article in the NH Bar Association's journal on the issue: http://www.nhbar.org/publications/archives/display-journal-issue.asp?id=330

[Russell Kanning]

We are also in touch with Brian Severance's in-laws in FL. They also don't want him to be rotting in jail..... hmm seems like only the government wants him in custody.

[Russell Kanning]

This is the info we received from Brian's mother-in-law:


A Case of Government "For the Children"  ( Unpublished )    
Monday, 19 March 2007
by Russell Kanning

Brian Severance Sr. has been held at the Cheshire Co. Jail since September 2006. The District Court in Keene will not tell the Keene Free Press why he is being held. His mother in Winchester and mother-in-law in Florida say that he is being held until he gives the whereabouts of his wife and son (David) who have fled the area. The government terms this "Contempt of Court". Both of David's grandmothers say the goverment has mistreated him and it is accusing his father of abuse to cover it up.

The government will not give us their side of the story, but we will continue to print the information the family supplies us. Here is a typed summary and a handwritten letter by David sent to us by Elaine Driscoll (his maternal grandmother living in Florida):

Summary By:
David Walter Severance

My name is David Walter Severance. I was born on September 14th, 1990 in Keene, New Hampshire. I am sixteen years old and I address this to whom it concerns and who is involved in this abuse and neglect case about myself.

Probate court judge Albert Weeks of Keene District Court
DCYF
Health and Human Services
Monadnock Family Services
SAU unit 38 Winchester School District
Winchester school special education instructor Daniel LaFleur
Kathleen O'Donnell, Shelia Girbach, and Julia Gresser (Winchester Elementary School guidance counselors)
Principal David Funkhouser
Ellen Mendelson (social worker for Winchester Elementary School)
Superintendent of Winchester SAU 38 Kurtis Cardine
Margaret Sullivan in Concord, NH who is over the NH DCYF in Keene
Judge Richard Talbot
Kindle Farms School in New Fame, Vermont

This is to all who have read my statement about all the truth of the pain and abuse and negligence that has been afflicted on me and my family. This is to inform you all who are involved in this abuse and neglect case of myself. I feel you all should be responsible and share the responsibility of this abuse case. My parents are not responsible in any shape or form of this abuse. I feel you are all guilty and aware of what was going on and you lied even under oath, and you all need to be punished to the full extent of the law. You all have deprived me of my family ... Scott Severance, my brother who was also taken and abused and neglected like me. You all have deprived me of my medical needs and Education. Due to your lies to cover up the truth, I feel it is time for the truth to be said and what you all have to done to me. You have caused harm to my health and my future, and I want justice NOW. I am willing to take a lie detector test along with everyone involved in my case. I intend to go public with all of this knowledge plus a video is being taken of me also, so you can hear my own true words also. It's time all of you step up and take the blame for what you have done to me and I will see to it gets done.

Sincerly,
David Walter Severance
September 14, 2006

[Russell Kanning]

http://www.keenefreepress.com/mambo/index.php?option=com_content&task=view&id=473&Itemid=36

I guess this kid really didn't like public school. On his 16th birthday he told them he wasn't coming back.

[Russell Kanning]

Jane Severance sent along the latest paperwork in her possession regarding her son's imprisonment. Here is my transcription and a scanned version below:


THE STATE OF NEW HAMPSHIRE

CHESHIRE, SS.               KEENE DISTRICT COURT
                  Docket No. 01-JV-00384
      In Re: David Severance

      CONTEMPT ORDER AND BAIL MODIFICATION


For purposes of this Order, the relevant history of this RSA 169-C case can be found in the following Orders, all but the last being issued by Talbot, J.:

1. January 31, 2001 (original adjudication of abused child)
2. February 21, 2003
3. March 10, 2003
...
8. September 15, 2006 (Burke, J.)

Briefly stated, the upshot of these Orders is that Brian Severance, Sr., has yet to produce his son, David, for an interview with the guardian ad litem (GAL) and a representative of the Division for Children, Youth and Families (DCYF) (Orders 2 and 3), and remains in custody for lack of fifty thousand dollars ($50,000.00) cash bail on Order 8. (He has been concurrently held for lack of bail in the same amount in the Superior Court, where he is awaiting trial on a charge of common law criminal contempt arising under essentially the same circumstances.)

Order 2 found Mr. Severance in criminal contempt and established a determinate sentence of thirty days if he did not produce the child at a time and place provided in that Order. Thus, he has been held long beyond the period of his inteded incarceration for that particular enduring act of contempt. Mr. Severance has not yet been prejudiced by this, however, due to his ongoing bail status in the Superior Court matter. More important to the main issue at hand, he continuos to fail to express the slightest willingness to produce the child as previously ordered. Thus, Mr. Severance's contempt has been uninterrupted by time or events for nearly four years.

Accordingly, Mr. Severance is hereby ordered anew to produce his son David for GAL and DCYF interviews forthwith. Given his likely incarceration on the date of this Order and at least for a brief period thereafter, he may satisfy this Order by disclosing all contact he has had with David over the past four years, directly or though third parties, as well as all information he has concerning David's various whereabouts. If his is aware that David has been living under an assumed name, he shall discloe all such names. He shall also disclose the names of any schools David is attending or has attended, and shall provide the names and addresses of any and all adults who have provided care to David. If David has been home schooled, Mr. Severance shall provide the name of the school district approving his home school plan. This Order applies to the period form January 1, 2003 to the present.

The Court notes .... This Court's concern, however is for the fate of a minor under its jurisdiction. If Mr. Severance chooses not to comply with this Order --- whatever the reason --- he shall be considered in civil contempt, to be held in custody at the Cheshire County House of Corrections until he complies. He may, of course, request a hearing, but any such request will not stay the operation of this Order.

This Order is effective immediately. Simultaneously, the Court, on its own Motion, modifies the bail order to vacate the cash bail provision and replace it with ten thousand dollars ($10,000.00) personal recognizance bail. It is the intention of this Order that, absent Mr. Severance's compliance, there shall be not interruption in his custody.

January 29, 2007                  SO ORDERED
                     Edward J. Burke, Justice

Editors note: The criminal contempt charge has been recently dropped against Brian Severance in Superior Court.

[Tom Sawyer]

So apparently they can hold him indefinitely.

Evil bastards.

[Russell Kanning]

We also got a long letter from Brian in jail and lots of documents including long letters from the wife complaining about the government's treatment of her 2 boys.

All the stories have been consistent .... it sure seems like the government is doing very bad things to this family .... and has been for many years.

I think the youngest son Scott is being held in VT.

[Kat Kanning]

[Russell Kanning]

link to article

http://www.keenefreepress.com/mambo/index.php?option=com_content&task=view&id=475&Itemid=36

[KBCraig]

So apparently they can hold him indefinitely.

Until he "produces" the child. Last time I checked, they don't let you keep your kids with you in jail, so I doubt he has the boy with him; "producing" him might be problematic. He doesn't even have any way of knowing where the boy is physically located. Not for certain, anyway.

Evil bastards.

Ditto.

[FTL_Ian]

I have nothing but contempt for this court.   

[Russell Kanning]

The judge sounded mad in his pronouncements just like that fed judge in Dada's hearing.