TESTIMONY OF
JIM WADE
BEFORE
SENATE COMMITTEE ON LABOR AND HUMAN RESOURCES SUBCOMMITTEE ON
CHILDREN AND FAMILIES
MAY 25, 1995
I am a retired Chief Petty Officer in the United States Navy. I
proudly gave twenty years of my life and my family's life to defend
a way of life that I believed in and I repeatedly swore an oath to
support and defend the Constitution of the United States, a document
that I understood ensured the rights of the individual against the kind
of institutional abuses, in the name of my Government, that my family
has endured. On the morning of May 08, 1989, I was stationed aboard the
USS INDEPENDENCE home-ported in San Diego, California. I didn't know it
then, but that was the last sane day I was to know for a very, very long
time.
On May 9, 1989 my eight year old daughter was discovered to
have been viciously sexually assaulted. This was discovered during a
medical examination at a health care facility that my wife and I had
taken Alicia to after she complained of pain. She said nothing at the
time that would have given any clue as to the true nature of her
injuries. The Child Abuse Division of the San Diego Police Department
was notified and we were all taken to the Childrens Hospital, this was
the last time we were allowed to see our daughter for some time. Alicia
informed the doctor and police detectives that someone had taken her out
of her brother's window and had put her in a green car, drove to a
secluded area and had hurt her, threatening to kill her if she cried
out. Alicia gave a very detailed description of this individual
including what color clothes, hair and eyes he had, down to describing a
pimple on his lip. Alicia's injuries were such that she was immediately
admitted and was surgically repaired that evening.
Alicia was
placed with a therapist who immediately expressed her conviction that I
was to blame and that Alicia was obviously covering up for me. The
therapist did everything in her power (which is boundless) to convince
the court that she had Alicia's trust and that the only way to ensure
Alicia's safety was to severely restrict her family's access to her as
much as possible.
When we first went to court the "attorneys" made
us sign a piece of paper that stated in part that we would be
responsible for any and all fees for attorneys and for foster care
rising from this case, even if the charges were dropped. We were then
told that in Juvenile court, you were considered guilty, until you could
prove your innocence. They seemed very proud of this distinction they
enjoyed.
By early June of 1989, Joshua had been added to the
list of my victims by the social worker on the case by submitting a
charge to the court that "Joshua had been sexually molested and that he
was in danger of being molested again."
Joshua was never
interviewed or examined by anyone, the social worker needed Joshua to be
part of the case to ensure our cooperation and compliance with their
directives, the penalty being that Joshua would also be removed from our
home if we balked at their authority. As a result of these additional
charges concerning Joshua the court ordered that I not be allowed to be
alone with Joshua ever, and that any contact with Joshua must be
constantly supervised. Additionally, we were not allowed to discuss or
explain this order or any other aspect of the proceedings with
Joshua.
In July of 1989 my wife and I were taken to trial on
charges of sexual abuse and failure to protect charges for both Joshua
and Alicia. They kept us there all day and finally at the end of the
day, they told us that a plea bargain had been offered and it was
put to us thusly:
(1) the prosecuting attorney admitted that
they had no way of achieving a conviction on any of the counts, but
since they knew I was guilty and that mywife was covering for me, they
were willing to go through with what would be as lengthy a trial as they
could manage. This would take up to as far as November 1989 and at that
time, since Alicia would have been out of the home for over 6
months, (6 months seemed like a long time then) it would require
another 6 month adjustment period, during which the family's
behavior would be closely monitored and evaluated and Alicia would
be slowly integrated back into the home ....
OR..
(2) My
wife and I could plead no contest to a charge of neglect and after
complying with several conditions, (all of which we were assured were
onlyformalities) Alicia would be returned home. They never intended to
return Alicia to us, they blackmailed us into submitting a plea of no
contest, (guilty) by promising to return our daughter, we did and they
then told us that Alicia's therapist had told the court that if they
returned Alicia to us, I would kill her. Alicia was not returned but the
plea bargain stood, we lost our day in court. The therapist was not
required to justify that or any other remark she cared to utter about
me.
The therapist and social worker were finally successful in
isolating us from Alicia. The social worker violated court orders by
refusing us court ordered visits for a month. When we finally got a
court hearing to seek redress, the social worker, and the therapist told
the judge a series of lies and half truths which ended with the judge
severing all contact. My wife went for 11 1/2 months without seeing my
daughter, I went from October 1989 till October 31, 1991 without any
contact with my daughter. During this time the therapist and the social
worker told the court that I was trying to see my daughter, or that I
had been making threatening phone calls to the foster parents, or that I
had so severely frightened the social worker that she had a guard at the
Juvenile court escort her to her car. Any lie would do, and all they had
to do was utter it and the judge bought it.
Among the many
unreasonable things that happened, the following come to mind:
We had to get Joshua's tonsils removed, so we did, when we
mentioned it to the social worker we were severely reprimanded for
not seeking her permission first;
After that we had to get
permission from the court to take Joshua to Missouri to attend my
maternal Grandmother's funeral, and we almost didn't get it;
Joshua had to have ear surgery, we had to get court permission;
We wanted to take him to 70 miles away to Polomar Mt., we had to
get court permission; we couldn't take Joshua out of San Diego
County without permission;
We discovered early in 1990 that the
therapist and the foster mother had been telling Alicia that the only
way she could come home was to tell them that I was the one who had hurt
her. Alicia had complained to the social worker and asked for help, but
her plea fell on deaf ears. After 13 months of isolation and
intimidation in June of 1990, they succeeded in getting Alicia to
say, "Daddy did it" The hippocracy of those people. The social
worker called us down to her office and told us that Alicia had
identified me as the assailant, and that Alicia was going to be
adopted away from us, and that I was going to go to jail. The social
worker looked at me and told me with all sincerity that they "had to
believe the child." I asked her "what about the other story Alicia was
telling you, why didn't you believe her then?" She just smiled at me. We
left her office completely devastated and lost.
During the course of
these proceedings I was required to attend and "successfully" complete
the following;
(*) individual therapy, twice a week, the object of
which was for me to admit my guilt;
(*) group therapy in what
was called a Denier's Group, with other men who had the misfortune to
have been "accused" and found "guilty" of molesting children, typically
their own and not being able to prove their innocence. The ground rules
for this group is for you to "act" as if you are guilty, the only
acceptable graduation from this therapy is for you to admit your guilt
(*) therapy with my wife in concert with other families who have
been accused of similar crimes, twice a week. Again the only
acceptable conclusion to this group is to admit your guilt.
Each
of these groups required me to take a battery of tests, most of them
similar, except in the case of the Denier's Group, they wanted me to
take a penile plethismograph, a test which when administered will
measure your level of physical arousal to certain stimuli.
All
of this was court ordered by way of a Reunification plan, which stated
that if I did not successfully complete all of the steps, we would lose
Alicia. I hope you can see the predicament I was in, I could stick to my
guns and lose my daughter or I could lie, say I did it and presumably
get her back. Something that is not without precedent according to my
therapist. Hell of a system.
I was at work at the Air Anti-Submarine
Warfare Headquarters on the 13th of December 1990 when they came for me.
I was handcuffed and led away. I was hooked and placed in jail with the
other accused thieves, murderers and rapists of San Diego County. The
guard who hooked me told me that when the other prisoners found out
what I was in for, they would kill me, that after my arraignment, I
would be given a piece of paper listing among other things, the charges
I was facing. He told me that they would get that paper and read it, so
if I wanted to live, I had better either eat it, flush it down a toilet
or shove it up my ass, but just be sure to destroy it.
At the
court hearing in February of 1991 I remember the anger and frustration
at having to sit in the court room, the absolute insanity of sitting
there listening to my daughter tell a completely fabricated story of her
assault with me as the assailant and not being able to say anything to
her, or them not even letting her look at me because it would "influence
her, or terrify her." The really sad thing was though, that even with
her sitting in a witness box, facing away from me, telling a made up
account of me raping her, this was the very first time in 1 1/2 years...
1 1/2 years that I had seen my daughter or heardher voice, she looked
and sounded great to me, it was heartbreaking. I wanted to tell her
that it was ok, I wasn't mad at her and that I understood why she
was saying what she was saying. I really wanted to tell her, it was
ok to tell the truth, just tell them the truth sweetheart, but I was
forbidden, by the very people who were actually doing all of the things
to her that they were accusing me of.
Throughout this nightmare we
had to rely on my parents for financial support and my mother
specifically for emotional support. Many times my mother would fly out
from Missouri on literally a moments notice to stay with Joshua.
Remember I could not be alone with him, and there were times that this
would have caused them to take him away also, if not for my mother .
Once Denise had an appendicitis attack and had to be hospitalized 'for
surgery. I was able to leave Joshua with some friends from our church
until my mother could get there; she always came. Also remember, we were
forbidden under pain of losing Joshua, to discuss or explain any of
this to him. Kind of makes you proud to know that this sort of
blackmail and intimidation is going on in this great country of ours
doesn't it?
When it became known to the Juvenile authorities that
DNA evidence was soon likely to clear me of this awful charges they
moved quickly. In August of 1991, we were summoned to Juvenile court
where the social worker, the therapist and the County Counsel tried to
have Alicia adopted away. If they hadn't made a small mistake in their
filing procedure they would have succeeded. Our attorneys fought to have
the case put on hold until the pending DNA results were known, the
Juvenile court judge refused. The judge told them to file the proper
paper work and the adoption could go forward. The blood sample reports
that we had back at that time proved that it was not Alicia's biological
father who had assaulted her and that whoever had assaulted her was
sterile, the county counsel then said that it hadn't been proven that I
was the biological father and that it was entirely likely that I had a
vasectomy reversed, I had spent time in a hot tub, and other equally
ridiculous theories, ending with the statement thatit was immaterial to
them who had actually perpetrated the rape, Alicia was being adopted out
solely because we had pled guilty (no contest) to a charge of neglect
back in November of 1989.
With the intervention of the San Diego
County Grand Jury, in the person of an angel named Carol Hopkins, and
the public support generated by a series of newspaper articles written
by Jim Okerblom and John Wilkerson, Alicia was returned home. Even when
it had been proven I couldn't have been the one, they kept trying to
adopt Alicia out. The County Counsel said that I could have just been
holding Alicia down for a friend and that is why the semen didn't
match me. I was, by the way, proven to be Alicia's biological
father.
The price of this kidnapping into the compassionate
world of Child Abuse Prevention is difficult to calculate.
My
wife tried to commit suicide and was hospitalized for 9 months in a
locked psychiatric ward.
My children are afraid of police. men and
other's in authority, they have learned to fear those whom they should
most be able to trust.
My maternal grandmother died in December
of 1989, long before I was proven innocent, not knowing how it came out.
My son lost all of his friends and was told by their parents that
he could not play with their children because his father raped his
sister. Joshua was 6 years old at the time he was told this. My
parents spent their entire life savings trying to keep me out of
jail, money they had no reason to expect to ever get back, much less
to be successful in the attempt.
We spent 2 1/2 years not knowing
from one day to the next, what they were going to take away next, just
knowing and dreading the inevitable fact that more was coming.
We were put through a literal hell of contempt and accusations by
evil manipulators bent on destroying me and my family, why, because
we had the misfortune of being the recipient of a random criminal
assault.
I could go on forever ..... but
Above all, and
by God most of all, ..... I lost 2 1/2 years of my daughters life and my
families life, that we nor she will ever get back, and nothing that is
ever said or done will ever make up for that.