Sample of a Brief

Sample of a Brief

This is a copy of a bio mother's brief as she represented herself "pro se" in court in a CPS case. I'm including the whole brief so those of you who want to tackle their case as "pro se" might have an idea of how to write a brief that will be accepted. This lady eventually "won" her case here in CA.

Nancee in CA

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

In re AMY T. et al., Persons Under the Juvenile Law. / C056914
SISKIYOU COUNTY DEPARTMENT OF HUMAN SERVICES CPS 490 Broadway YREKA,
Plaintiff and Respondent,
v.
MARILYN T.,
Defendant and Appellant. ______/ (Super. Ct. No. SCJVSQ015001902)
MOTHER'S
OPENING BRIEF

APPEAL OF THE SISKIYOU SUPERIOR COURT PRESIDING JUVENILE JUDGE DAVIS' REFUSAL TO PROVIDE MOTHER'S RIGHT TO REPRESENT HERSELF AND PRESENT CRITICAL EVIDENCE; AND ORDERS FOR CONTINUED OUT-OF-HOME PLACEMENT OF MOTHER'S 3 MINORS IN SACRAMENTO & SHASTA COUNTIES.

BRIEF PREPARED BY MARILYN TREVINO, mother in pro per 211 North 16th St., P.O. Box 943; Montague, CA. 96064; TELEPHONE: (530) 459-1839.

OTHER PARTIES & THEIR TRIAL COURT COUNSEL:

Appellant's 3 Minors: ERIC BERGSTROM, 417 4th St., Yreka, CA. 96097 (Bar # unknown) TELEPHONE: (530)842-4951.

For mother w/o her consent: CHARLES HENRY, 205 Pine St., Yreka, CA. 96097 (Bar # unknown); TELEPHONE: (530) 340-3203.

Human Services CPS: Siskiyou CountyCounsel, DENNIS TANABE, ANDONAPPEAL, JoAnn BICEGO, (Bar nos. unknown); both 304 Lane Street, P.O. Box 659, Yreka, CA. 96097; TELEPHONE: (530)842-8100.

PARTY SERVED IN RELATED CASE: U.S. COURT FOR THE EASTERN DIST. OF CA. HABEAS CORPUS NO. CIV S-07-1700-LKK-CMK-P Marilyn Lois Trevino vs. Siskiyou Superior Court et al, party Superior Court served through its representative Brian G. Smiley, State Bar No. 180658, Supervising Attorney General 1300 I Street, Suite 125, P.O. Box 94244, SACRAMENTO, CA. 94244-2550, TELEPHONE: (916) 324-5286.

CONTENTS

Certificate of number of words in brief Page 2

Table of Authorities Page2

Proof of Service Page 3

List of Documents served with motion to augment Page

APPELLANT'S RIGHT TO REPRESENT HERSELF Page 4

LEGAL HISTORY & FACTUAL BACKGROUND Page

RECENT HISTORY Page 7

ERRONEOUS LEGAL HISTORY Page 10

HISTORY OF THE SIBLING ABUSE ALLEGATION Page 12 - 17

CO43154 May 09, 2004 Finding . . . Page 18

TRIAL COURT'S DISPOSITION OF CO43154 Page 20

RELATED CO55665 Social Worker Jim Gail's Restraining Order Page 21

MISLEADING & FALSE STATEMENTS IN 09/10/07 REPORT Page 22

CONCLUSION / PRAYER FOR RELIEF Page 30

TABLE OF AUTHORITIES

2003-2004 SISKIYOU COUNTYGRAND JURY Page 3

CALIFORNIA DEPT. OF SOCIAL SERVICES

744 P Street, SACRAMENTO ...... Page 27

CALIFORNIA RULES OF COURT RULE 5.34(a) Page 28

CALIFORNIA RULES OF COURT RULE 5.75(e) Page 29

CALIFORNIA RULES OF COURT Rule 5.534 (j) Page 29

CALIFORNIA Welf. & Inst. Code § 366.3(e)(1)(2)(3) Page 30

C-E-R-T-I-F-I-C-A-T-E OF NUMBER OF WORDS IN BRIEF

By my signature below, I certify the herein brief contains 8,489 words, as counted by my home pc which I used the XP program of to prepare this document in size 14 font, besides the cover page, table of contents and this certificate which some parts of are in size 12 font.

.

Dated: JAN. 28, 2008. Marilyn Lois Trevino

PROOF OF SERVICE

On JAN. 28, 2008 I served mother, Marilyn Lois Trevino's hereon OPENING BRIEF & separate MOTION TO AUGMENT CO 56914, to the following parties hereinafter named by placing true copies thereof in sealed envelopes with postage thereon fully prepaid, in the United States mail at Yreka, California, addressed as follows:

SQ. County Counsel Tanabe et al Brian Smiley U.S. # CIV S-07-1700-LKK-CMK-P

P.O. Box 659 Attorney General's Office

Yreka, CA. 96097 P.O. Box 944255

SACRAMENTO, CA. 94244-2550

SQ Superior Ct Judge Davis

JUVENILE DIVISION

P.O. Box 1026

Yreka, CA. 96097

I declare, under penalty of perjury I am over the age of 18, not a party to this action, I

reside at ______, CA. zip code ______, and that the

information contained in the foregoing proof of service is true and correct.

Executed JAN. 28, 2008. at Yreka, California.

SIGNED:______

* ~ * ~ * ~ * ~ * ~ * ~ * ~ * ~ * ~ * ~ * ~ * ~ * ~ * ~ * ~ * ~ * ~ * ~ * ~ * ~ * ~ * ~ * ~ *

LIST OF RULE 8.155 DOCUMENTS & CERTIFIED COPIES OF TRANSCRIPTS ATTACHED TO APPELLANT'S MOTION TO AUGMENT MAILED WITH THIS BRIEF, SERVED ON PARTIES AND FILED OR LODGED IN THE CASE IN THE SUPERIOR COURT THAT WERE NOT DESIGNATED UNDER RULE 8.130.

1. True and correct copy mother's Exhibit 4 offered in the trial court June 2, 2005 and found in the Clerk’s Supplemental Transcript on Appeal page 108, appellant's consolidated appeals CO49094/CO50150, the matter of this court's remand, CO43154, reflecting the findings of the of the 2003-2004 SISKIYOU GRAND JURY after exhaustive study cited in this FINAL REPORT, inter alia, page 5 section G) Beyond the arrests, which CPS must address by assuring that the children are cared for in the absence of the parent, we could find in the record, no evidence of any physical or emotional harm at the hands of the parent. On the contrary, the preponderance of the opinions offered by the numerous expert consultants in the file note the parent's love for, and appropriate care of, the children. The file is also replete with statements and affidavits from neighbors, ministers, and others urging the children be returned to their home," followed by finding; H) Finally, and we feel of overriding importance, is the fact that after an extended period out of the home and in foster care, the children are suffering at the hands of the system, having been diagnosed with Post-Traumatic Stress Disorder, depression, sleep disorders, and more all of which are being treated with pharmaceuticals. The youngest has bowel and bladder incontinence, along with all the above, and has had significant weight loss. There is no evidence in the file that any of these conditions were present in their home before detention."

Mother's 11/20/06 JV-220A OPPOSITION TO APPLICATION TO ADMINISTER PSYCHOTROPIC MEDICATION In re Amy, Becky, & Nicoles Trevino timely filed and served, without requested assistance of counsel, ignored by parties and the court.

JV-820 March 27, 2007 NOTICE OF INTENT TO FILE WRIT PETITION by: "PARTY WITHOUT ATTORNEY MOTHER Marilyn L. Trevino INTENDS TO FILE PETITION IN PRO PER."

APRIL 20, 2007 California Rules of Court rule 8.452 notice from the Office of the Clerk Court of Appeal Third Appellate District State of California to mother's appointed trial court counsel Charles Henry announcing the close of mother's petition for review of the trial court's setting of a Welfare & Institutions Code section 366.26 Hearing to consider Guardianship or Termination of Parental Rights, notifying mother for the first time the record mother requested with her Notice of Intent to File Writ Petition was sent to Charles Henry, who did not file the writ petition nor return the record to appellant.

MARILYN TREVINO’S RENEWED MOTION TO DISQUALIFY

JUDGE DAVIS in related criminal case 06-1080 dated OCT. 9, 2007.

Judge Davis Peremptory Challenge Order dated 7/14/07 in case

No. MCYK CR M 06-1080.

7/14/07 Reporter’s Transcript SCSCSQ MD06-1080 revealing Judge Davis’ plainly unlawful taking of a purported peremptory challenge, on page seven, for no reason at all, this errant judge even threatened to jail defendant mother Trevino.

11/26/07 Reporter’s Transcript of typical proceedings reflecting a total

lack of regard for the minors or their circumstances which continues today.

True copy of this court’s opinion yet not honored by trial court judge

Davis filed June 7 2004 CO43154.

APPELLANT'S RIGHT TO REPRESENT HERSELF

Appellant seeks in the trial court and this court to relieve herself of the burden born by having appointed counsel who will not speak to any of appellant's many witnesses and fails to present a bit of much competent, relevant, exculpatory evidence she has made available to the court and counsel.

BASIC LEGAL HISTORY & FACTUAL BACKGROUND

Appellant writes this legal history based on official documents in her own, and respondents' possession(s).

On March 31, 1992 appellant was staying at Mercy Medical Center in its hospitality house at the behest and on the dime of Siskiyou CPS, awaiting the birth of her twins, Amy and Becky, then unborn, when Shasta County Children's Protective Services wrote in its 1st CASE NARRATIVE notes as follows:

"03/31/92 See referral for presenting reasons. Twins are not born yet but expected imminently. Mother Marilyn Trevino is a resident of Siskiyou County. She has long Mental Health History. She is to be on meds. but refuses. See attached documentation received from Klamath Falls CSD. They had dependency on Marilyn's older children. They have now emancipated out of the system. Marilyn never worked her plan. 03/31/92 this social worker telephoned Siskiyou. Spoke with Kathy Burkleo. She will be the Clinical Social Worker handling the case. Plan is for Redding Police Department to Temporary Custody the twins and for Kathy Burkleo to arrange for transport to Siskiyou. Kathy understands the twins will be taken if Marilyn is presenting a danger to the twins in area of her incapacitation. The attending physician will write a letter spelling out the endangerment issues and recommendation for foster placement. The EMER. # for Siskiyou CPS is 842-7009. Their Beeper worker will be apprised of the situation."

Three days later, on April 3, 1992 appellant reported to Mercy Medical Center OB Unit requesting Doctor Oliva's services and less than one hour later, was posing for pictures with the proud head of MERCY'S OB UNIT, Doctor Editha Oliva, holding healthy twins, Amy and Becky, in arms. This celebration ended less than 24 hours later upon the unlawful seizure, and transport to Siskiyou County of appellant's newborn twins by Siskiyou County Adult & Children's Protective Services social worker now supervisor, Kathy Burkleo. Regarding Doctor Oliva's location today, the minors' current social worker in Redding, North State Foster Family Agency's Toni Childs informed appellant on January 23, 2008 at a visit this mother obtained a digital sound recording of, that she knows Doctor Editha Oliva and will inquire of the illegal seizure of Amy and Becky Trevino on April 4, 1992 at Mercy Medical Center by Siskiyou Human Services supervisor, Kathy Burkleo, as soon as possible and report, as likely, if Doctor recalls appellant and the traumatic seizure of appellant's twins 15 years ago. Appellant has filed in her home, the records in that action, SQ SC JV 92-64.

The above mentioned recording has been offered and refused by appellant's appointed counsel, counsel for CPS Dennis Tanabe, and the agency itself. Having made it clear to Toni Childs I would tape record visits and she having not objected to my tape recording the shocking disclosures the minors and Ms. Childs made at the last one hour visit on September 20, 2007, motion seriously questions the veracity of social worker, Jim Gail, who wrote in the September 10, 2007 Permanency Planning Review Report Ms. Childs refused to allow appellant to tape record visits.

During the January 23, 2008 one hour visit at N.S.F.F.A., 11105 Rhyolite Drive, no. 4, in Redding, California, Ms. Childs further disclosed the minors Amy and Becky have lived in Sacramento since September of 2007 with the foster care provider they were staying with in Weed California prior to moving to Sacramento and prior to the making of respondent's 09/10/07 Status Review / Permanency Planning Report which such move has yet, not been reported to the court or appellant. The minors, Ms. Childs, and the foster care provider, Dianna Langston reported at the visit September 23, 2007, that this foster care provider is the Aunt of the minor Becky's one month old son and related to the mother of the father of Becky's newborn, which such mother knows appellant "because she works at the courthouse," but, Ms. Childs disclosed, has refused to contribute to the care of Becky and her child.

All present at the visit last week disclosed their consensus on two subjects, particularly the minor Becky, putting it in the following words:

"The social workers all brag that your (appellant's) lying

lawyers are why they get around the evidence you have..."

with Amy agreeing, "Your the only mom that REALLY

knows how to be a mom."

Regarding the illegal seizure of appellant's minors Amy and Becky, on April 4, 1992 unbeknownst to appellant, Mercy Medical Center Doctor Diana Dickinson, CA. Lic. # 6069727 Clairmont Heights P.O. Box 6009 Telephone (916) 225-6000, claimed she was the attending physician for Amy and Becky Trevino and wrote on Mercy Medical Center Stationary that day, a note delivered to Redding Police Department: "To Whom It May Concern: As the physician caring for the Trevino twins, I feel they would be at risk for physical injury and / or neglect if released to their mother."

This doctor forged her name upon the newborns' Amy and Becky Trevino's birth certificate application on April 3, 1992, claiming she was the attending physician though the records of Mercy Medical Clinic which appellant has preserved do not show Doctor Dickinson ever saw the minors or their mother in practice and Doctor Editha Oliva was the attending physician. However, on April 5, 1992 CPS had already transported appellant's newborn twins to Siskiyou County filing a Welfare & Institutions Code section 300 dependency petition, Siskiyou Superior Court Juvenile case no. 92-64 on April 7, 1992.

Appellant appeared in the Superior Court April 17, 1992 supported by Doctor Oliva's declaration attached to an official amended birth certificate naming Doctor Oliva as the attending physician at Mercy Medical Center for newborns Amy and Becky Trevino and the case was dismissed for lack of evidence; CPS making amends by offering to pay mother's best friend, Roy Gravem, $1,200.00 per month for continuing to stay, as he was throughout appellant's pregnancy, in her home at 4210 # B, Wells Avenue in Dunsmuir, California, County of Siskiyou, and help with the chores, April 21, 1992, which such offer appellant enjoyed for about 3 months thereafter making daily, written reports, relevant today.

RECENT HISTORY

Appellant was not disturbed by CPS after April 21, 1992 until the minor Becky Trevino won honors in State track competition in both events she entered, late June of 2001 where after almost immediately, appellant's elder neighbor, Rancher Elsie Roberson advised this mother in a tape recorded telephone communication, that CPS and appellant's neighbors, The Novellos, Millers, Jones, and Supers, all closely associated with local law enforcement all their lives, were planning to take appellant's children from her by continuing to commit their, "series of spiteful arrests of this parent" found by the exhaustive study of the 2003-2004 Siskiyou Grand Jury in its Annual Report mother's exhibit no. 5 this court's consolidated CO49094 / CO50150, to have enabled the initial detentions of appellant's minors. The Grand Jury's findings and report have been denied or otherwise ignored by trial court and parties' counsel.

This court, in CO49094/CO50150, wrote that the Grand Jury's report and the testimony of appellant's minor Nicoles' teacher, Yvonne Simmons, affirming that the minors suffered no adversities while in appellant's care, was impeached by Siskiyou Human Services' social worker, Jeanette Bouchard's report placed in this file in October of 2001, which falsely claimed the minor Nicoles' sisters, Amy and Becky, told their social worker, Jeanette Bouchard, that Nicoles had encopresis and enuresis in the home. Both Amy and Becky spontaneously refuted CPS social worker Bouchard's report, at their second visit with appellant after more than a year's separation after the September 3, 2001 seizure of appellant's minors from their home. The trial court ordered this January 31, 2003 visit be video taped "for evidentiary purposes" which such video tape appellant delivered a copy of to the 2003-2004 Siskiyou Grand Jury on December 5, 2003, along with copies of all the other attachments to her petition for writ of habeas corpus, also filed in the Superior Court County of Siskiyou that same day. Appellant wishes to present that video taped evidence in the trial court, of course, with assistance of her licensed investigator as her appointed counsels, each, refuse.

Other than a meeting appellant had with two Grand Jury members at Siskiyou Behavioral Health Services 2060 Campus Drive, Yreka, CA., the copy of appellant's December 5, 2003 petition for writ of habeas corpus was the only information appellant exchanged with the 2003-2004 Siskiyou Grand Jury prior to its June 2004 Report submitted in CO49094 / CO50150, except one brief telephone call appellant received at home in the evening, February of 2004 from the person in its report who headed its inquiry, Janet Connington, who then informed appellant:

"The Grand Jury has made a report and its good for you; you may get a copy at County Counsel's office in Yreka tomorrow; I dropped it off there today."

However, County Counsel and all other relevant agencies appellant forthwith contacted during February of 2004 regarding respondent's denial of the Grand Jury's report, that should have knowledge, also denied the Grand Jury had delivered any report to County Counsel in Yreka at its office, which Janet Connington stated it did deliver to that office, though appellant inquired without requested assistance of counsel for weeks after appellant received the aforementioned call from Ms. Connington. Further, Siskiyou County Counsel denied the Grand Jury's June 2004 Report in this matter in its Annual Report under CPS WATCHDOG, "Has anything to do with Ms. Trevino's case," (Petition for Supreme Court Review CO49094 / CO50150).