Oh ... Really?

Couple faces deportation without their child

Chinese couple might lose child
Problems mount in difficult case

By Woody Baird,
The Associated Press Writer
August 20, 2003


MEMPHIS, Tenn. -- A world away from his home in China and accused of sexual assault, Shaoqiang He made two key decisions.

He ignored legal advice to plea bargain and demanded a jury trial. And when his first child was born with the trial still pending, He and the girl's mother put the baby in foster care because the criminal charge had left them broke and unable to care for her.

The jury trial gamble paid off: He was acquitted in February. But He and wife, Qin Luo, still can't get daughter Anna Mae back -- and now they're facing possible deportation and the chance of losing her forever.

======================

This story has just made me ill. Where is the justice? Where is the humanity??? Why can't the judge just get his act together and make a ruling! It almost seems as if he does not want to make the ruling and is delaying the matter to force the deportation of Shaoqiang and Qin before he has to decide!
Posted by LissaKay on 10/01/03 at 01:24 AM in My Soapbox
• (18) Comments Pop UpPermalink
Injustice in the Memphis Courts

By Michael G. Ryan
michaelgryan2@msn.com

“Four years ago, a poor Chinese couple were asking for their child back; four years later, they are still asking for their child back…” (quote from ABC 24, Memphis).

For four years, Jack and Casey He have been trying to have their daughter, Anna Mae, returned to them from the temporary protective custody they placed her in. For four years, they have battled financial woes, immigration challenges, judicial loopholes, and groundless accusations as they repeatedly demanded that Jerry and Louise Baker give their daughter back to them, as the Memphis couple promised they would back in 1999. And now, the Hes are up against an extremely insidious obstacle: the indifference of the Chancery Court and the trial judge overseeing their case, D.J. Alissandratos.

A brief summary: under financial duress, the Hes surrendered temporary custody of Anna Mae to the Bakers in June1999 after repeated reassurances that the juvenile court would return her when the Hes had reestablished their economic stability. Yet when they finally achieved that and asked for Anna Mae’s return, the Bakers refused, charging the Hes had abandoned her, and the case was forced to go to court.

When the Memphis Juvenile Court was finally prepared, in June 2001, to rule against the Bakers, the Bakers and their attorney filed a motion with the Chancery Court to seek termination of the Hes’ parental rights. In doing so, they successfully sidestepped the Juvenile Court’s authority and placed the case in the hands of a new judge, Alissandratos, who had a familiar and friendly relationship with the Bakers’ attorney, Larry Parrish.

More than seven months passed without a single hearing in Chancery Court, during which time the Hes were never able to see their daughter. Further, attorney Parrish elected to involve immigration officials in an effort to have the Hes deported before any hearing might go against his clients; he additionally intimidated employers of the Hes by suggesting to various shop owners that hiring “illegal immigrants” could be costly for them, thus denying the Hes the financial stability that had been the impetus for placing Anna Mae with the Bakers in the first place. And when Judge Alissandratos finally held a first hearing in February of 2002, he heard little testimony and seemed to rule arbitrarily, insisting that the Hes place a $15,000 deposit with the court against pending and future costs while asking nothing of the Bakers. He issued a “no contact” order between the Hes and their child, though no justification for such an order was provided to the court. And as if suggesting the Hes might take flight with the child—which they had NOT done in course of more than two years at this point—he ordered them to surrender Anna Mae’s passport to the court.

The delays since then have been equally interminable. The Hes have endured psychological testing (though at no point has their fitness as parents been a legitimate cause for concern), demands of proof of marriage as well as paternity (a graven insult to both of them, as if to suggest Mrs. He had borne an illegitimate child or cheated on her husband), and repeated inquiries from immigration officials who were used as attack dogs for the Bakers.
This balance between the custody battle and the Immigration inquiries has come up more than once in the Chancery Court—Judge Alissandratos has, for the second time, issued an Order of Indefinite Postponement, apparently hinging on an INS deportation hearing as to the Hes’ status in the U.S. (Alissandratos issued the same order in April 2002 with seemingly the same motivation.) This judge was unwilling, as was scheduled, to hear expert witnesses for the Hes, witnesses who will now have to be rescheduled, if possible. This judge even seemed disappointed that the Hes’ child Anna Mae was still able to identify her birth parents during a one-hour observation session. In total, Judge Alissandratos seems to be hoping he will not have to rule on the case if Immigration officials deport the Hes. The alleged basis for the postponement, according to Judge Alissandratos, is the illness of the Attorney Ad Litem’s husband. Despite the fact that it is the attorney’s spouse, not the attorney, who is sick, despite the fact that the court was petitioned to assign a replacement for the Attorney Ad Litem, and despite the fact that the Attorney Ad Litem could not say when, or if, she would be able to proceed with the case, Judge Alissandratos was unwilling to set a definite trial date. With the knowledge that the Hes have an Immigration hearing in December, Alissandratos seems motivated to delay as long as possible and let another court do the work for him.

For nearly three years, the Hes have not seen their daughter. She has been raised by a wealthy white couple with no concept of her Chinese culture. Her parents have NEVER been shown to be unfit nor has their alleged abandonment of her ever been proven. (In fact, the foundation for abandonment rests in a Tennessee law that says if the parents make no effort for four consecutive months to contact their child, that constitutes abandonment. The Bakers cite a specific timeframe in which the Hes were absent for that length of time, though they fail to point out that the Hes were kept away from seeing Anna Mae because the Bakers had threatened the Hes with the police if they attempted to see her. In essence, they were forced and tricked into that four-month failure to attempt to see her.) The Chinese Embassy in Washington, D.C., has written a series of letters on the Hes’ behalf, the most recent in May of this year, to accelerate the case to something that even remotely resembles due process and the Hes’ right to a speedy trial (Tennessee Law requires contested adoption proceedings to be either completed or dismissed within two years of the filing of the petition). Thus far, Judge Alissandratos has seemed to resist external pressure to rule on this case, for reasons known only to him.

This is where the Hes stand now: on the brink of deportation, their child seemingly no closer to rejoining their family, before a biased judge who along with the Bakers has consistently cast roadblocks to expedite their case. Four years later, their case seems to have come no closer to trial and resolution; if anything, it seems to have been ordered to be postponed… indefinitely.

A website designed by a famous Human Rights advocate, Mr. Guy Wong, is for your reference: www.AnnaMaegohome.org

Michael Ryan
14428 88th Ave NE
Bothell, WA 98011
425-814-3968

Posted by Mr. and Mrs. He on 11/03 at 02:49 AM
 
Please contact Dr. Hansen Li. Thank you.

Posted by Mr. and Mrs. He on 11/03 at 02:54 AM
 
Ladies and Gentlemen:

"Injustice anywhere is a threat to justice
everywhere." (Martin Luther King,Jr.)

Clear and convincing evidence has been produced to
prove that Memphis Judge Alissandratos will be found guilty of "abuse of power, preferential treatment, and deliberate lying in open court."

"No one is above the Law". Mr. Alissandratos will be brought to justice that he has denied many other families.

Let's work together to help fix the judicial system in Memphis Chancery Court because one judge being a tyrant should not damage the great image of U.S.judicial system.

For details, please visit:
www.AnnaMaegohome.org

Thank you for your attention.

Posted by Jeni Wong on 12/20 at 04:09 AM
 
To whom it may Effect,

After reading the story in the paper of the Chinese couple (Mr. and Mrs. He) that basically had their daughter stolen from them by a Bartlett family and tyrant of a judge (Alissandratos) I can't believe that someone / anyone will not stand up for the rights of Mr. and Mrs. He!! This couple came to the U.S. because they were searching for the "American Dream" and an education, but what they got instead was the "American Nightmare Reality".

To educate everyone on this wonderful judge that we have in our Chancery Court (Alissandratos) making life long decisions for our families: He is the most overturned judge in the entire Tennessee court system. His job is to insure that the "Best Interest of the Children" is meet in all cases concerning children that can't speak for themselves!

Our right is to a fair trial / hearing on the facts of a case using our Laws as guidelines. Allisandratos does not care about our laws in fact that is one of the reasons that his decisions are overturned by the court of appeals more frequently than any other judge in our system. The man is a "Tyrant" stemming from having "Little Man's" syndrome and likes nothing more than to hear his own voice. He thinks that he is God and makes this very apparent in the decisions that he makes. Our laws are in place to protect us, however when it comes to treating people fairly this judge has his own agenda and ignores laws.

Our laws state that we have rights to our biological children, and unless there is harm to them they have rights to grow up with their biological parents. What part of this is unclear to this bully of a judge? What right, or should I say, What law is this judge using to base his decisions to keep this Law abiding couples child from them???

Is this the representation that we want in OUR court system?? Remember Allisandratos is an elected official. I challenge everyone to do some research about the most controversial and overturned judge in our court system. This judge is so much of a tyrant that not only do citizens cringe when they are assigned to his court, but also a lot of lawyers will refuse to take cases assigned to this judge.

If you have ever been abused in Allisandratos Chancery Court (and there are a lot of us out there), Now is the time to speak up and make a difference. This tyrant (Allisandratos) needs to be removed from making life long decisions concerning our children!!!

This is a grave injustice that "we are allowing" if we do not do something about Allisandratos NOW! My empathy goes out to Mr. and Mrs. Jack He. Again "DO SOMETHING NOW", who knows you might just end up to the fate of his decisions!

Posted by Robert Jones on 12/20 at 04:16 AM
 
I just want to voice my outrage about the injustice committed by the Bakers against the Hes. The Bakers claim they are Christians, but their kind of Christianity is obviously an old brand of "paternalistic" religion. In their view, it's okay to take a child from people who are not white, anglo-saxon protestants--because they can give the child a "better" life. It's disgusting. I'm disgusted and horrified that this can happen in America. If the Hes get Anne Mae back, I wish the Bakers could be charged with committing a criminal act. It's just immoral what they are doing--and laughing at Mr. He in court? That just shows how cold-hearted they are.

Posted by Debi on 03/02 at 09:55 PM
 
In the comment, posted by Debi on March 2, 2004 she states "It's just immoral what they are doing--and laughing at Mr. He in court? That just shows how cold-hearted they are. She really should check the facts a little closer. In the transcripts at WREG TV, here is the quote from the reporter that was transcribing the trial. "Mr. He says he did lie about his income at his deposition. Mr. He said nobody's perfect, "I made a mistake." Mr. He said he was baptised and was a Christian." Also, if you had been in court, you would know that the reason that the courtroom spectators laughed was because Jack He admitted lying, then said about 60% of what he said was true and 40% was untrue. I know that I will not change any of the people's minds in this forum, but you really should not rely on the media for all your news. Some of the articles on the web are written by Jack He and supporters of the He's with a definite slant and quite a few lies. Keep your eyes open for interviews with the Bakers in upcoming weeks. They will be on Good Morning America (so will the Hes) on Wednesday, March 9th. The Bakers and the Hes have also interviewed with People magazine (unknown publication date). Yes, I am a long time friend of the Bakers and support them, not the Hes. It's been really hard to listen to all the lies about my friends and not say anything, but I will not jeopardize their case in any way.

Posted by Caron Mills on 03/09 at 08:11 PM
 
@Caron

Heh ... you're a FRIEND of the Bakers, the people who have STOLEN this child with their LIES and manipulations, and you dare to call what the Hes, the PARENTS of this child, slanted in what they write??? Get REAL, lady ...

Further, WTF does it matter if Jack He did not tell the full truth about his income??? That remark just further shows how NASTY the Baker side of this is! Who the hell CARES what his income is? How the hell does that have ANY bearing on Jack and Casey's ability to be good parents?

Mrs Baker plotted and schemed to steal this child from the beginning. Her own journal tells the whole sordid story of how she planned to "wean" Casey He away from her own child so she could keep Anna Mae for herself. I hope the racist bitch rots in hell for what she has done! Right along with that Alissandratos bastard!

Posted by LissaKay on 03/09 at 08:55 PM
 
People like you scare me. You are willing to make assumptions about people without knowing all the facts and make judgments about them. Do you honestly think what you read in the media and on the internet is always true? I hate to inform you, but it isn't.

To address some of your comments:

It does matter that Jack did not tell the truth in court and in his deposition. That is called perjury. It shows that he lied when he took an oath not to lie. Why do you think that Jack He would tell the truth about this situation when he would lie in court and during the deposition? Jack He was caught in a few lies. Again, you need to read the transcripts.

The Bakers did not steal this child. Jack and Casey He asked them to take care of her. Even Jack and Casey admit that. The question (according to the Hes) is for how long. You should also know that the first paperwork that Jack and Casey He filed for custody of the child was three days after they received a notice from the Immigration service. This was also testified to during the trial. The He's attorney said that it didn't matter. Excuse me, let's see...would an American born child be helpful to me in that situation? Of course it would. BTW, the first time the He's filed the petition to get the child back was a full year later.

As far as your insults towards Mrs. Baker, you don't know her. I cannot fathom why you are calling her racist. This story is not about race. It is about what is best for the child. If Mrs. Baker was racist, why would she have fostered a child of another race in the first place? That just doesn't make sense. She did not plot nor scheme to steal the child. Yes, she was trying to cut some of the visits. This was when the child was eight months old and an agreement had been reached between the Bakers and the Hes that gave custody to the Bakers for 18 years. Mrs. Baker did not say that Jack and Casey could never visit the child again. She just wanted it to be less often. Jack and Casey cancelled and changed the times for their visits constantly. That left the Bakers sitting around waiting on the Hes to show up and made them change their family plans to accommodate the Hes. You have no idea of all the things that the Hes have done and you apparently have a closed mind. To be honest, when I read other articles in your site, I would not have judge you to be that closed minded.

As I said, I know I will not change any minds here, but I wish you would get your facts straight.

Posted by Caron Mills on 03/10 at 09:54 PM
 
@Caron

Do not presume that my knowledge in this case is limited to what is in the media and on the Internet. You would only look foolish to make such assumptions. But thank you for sharing your baised point of view. It has actually helped the Hes and their case.

Those of us with good sense pray daily that the Hes and Anna Mae will be back together again soon so they can leave this country that has betrayed them and treated them so viciously. That's all they want. The Bakers will have their judgement day ... karma is a bitch, ya know.

Posted by LissaKay on 03/10 at 10:26 PM
 
why does the bakers want this child? are they trying to make another Jon Benet out of her? Present her in modeling school etc etc making big bucks out of her?

And know all of this... would they hurt her once she can't bring in the income? Or is she just another maid that they are training?

And what's with Mrs Baker almost having a miscarriage? Was Anna Mae a backup replacement if she was?

Posted by hmmm on 03/15 at 12:08 AM
 
why does the bakers want this child? are they trying to make another Jon Benet out of her? Present her in modeling school etc etc making big bucks out of her?

And know all of this... would they hurt her once she can't bring in the income? Or is she just another maid that they are training?

And what's with Mrs Baker almost having a miscarriage? Was Anna Mae a backup replacement if she was?

Posted by hmmm on 03/15 at 12:09 AM
 
I just read the transcript of an interview with the Bakers on Paula Zahn's CNN show.

The Bakers are so disgustingly stupid and the level of ignorance is simply breathtaking... I'm almost at a loss for words... almost.

What the Bakers said (and it's so trashy it's not worth repeating) can be illustrated if I start spreading vicious lies about Southern Baptists:

Life in a Southern Baptist home is inherently abusive because the children are kept home from school and taught that kids who go to school are hell-bound terrorists. Southern Baptists reject modern science and do not believe in learning math. Southern Baptist spend their time memorizing the Bible and cannot count pass ten. In a Southern Baptist home, gluttony and being morbidly obese is considered a way of honoring God.

If I held those beliefs, would my home be suitable to raising a child born Southern Baptist?

This following is a solemn promise. Whatever the outcome of the case, Anna Mae will know who her true parents are and the crime committed by the Bakers against Jack, Casey, Anna Mae, and human decency.

In the beginning, the Bakers and their corrupt old boys network committed this crime... what they did not consider is that the sheer injustice of their actions have galvanized thousands across America and throughout the world. They can run but they can't hide. Jerry, Louise, Larry, Alissandratos, their little lap dog Caron, Linda Holmes, and Ms. Mullins are hereby sentenced to reputational, professional, and financial ruin. We're taking names and we have a long memory.

Posted by Joe on 04/13 at 08:03 PM
 
I just read the transcript of an interview with the Bakers on Paula Zahn's CNN show.

The Bakers are so disgustingly stupid and the level of ignorance is simply breathtaking... I'm almost at a loss for words... almost.

What the Bakers said (and it's so trashy it's not worth repeating) can be illustrated if I start spreading vicious lies about Southern Baptists:

Life in a Southern Baptist home is inherently abusive because the children are kept home from school and taught that kids who go to school are hell-bound terrorists. Southern Baptists reject modern science and do not believe in learning math. Southern Baptist spend their time memorizing the Bible and cannot count pass ten. In a Southern Baptist home, gluttony and being morbidly obese is considered a way of honoring God.

If I held those beliefs, would my home be suitable to raising a child born Southern Baptist?

This following is a solemn promise. Whatever the outcome of the case, Anna Mae will know who her true parents are and the crime committed by the Bakers against Jack, Casey, Anna Mae, and human decency.

In the beginning, the Bakers and their corrupt old boys network committed this crime... what they did not consider is that the sheer injustice of their actions have galvanized thousands across America and throughout the world. They can run but they can't hide. Jerry, Louise, Larry, Alissandratos, their little lap dog Caron, Linda Holmes, and Ms. Mullins are hereby sentenced to reputational, professional, and financial ruin. We're taking names and we have a long memory.

Posted by Joe on 04/13 at 08:04 PM
 
I have known the Baker's for almost 12 years and anyone who condemns this loving family is absolutely mistaken. Although it is a very sad story for everyone involved the He's are the culprits here. They have lied from the very beginning. This child is in a great home with parents who love her very much. The Bakers are the only family this girl knows and to take her away now would adversely affect this child for life. The He's were willing to sell this child to the highest bidder in the early stages of this case. IS THIS LOVE? The He's made this bed and now they have to lie in it. God bless Jerry & Louise Baker and their family,
Justice has prevailed!!!!!!!!!!!!!!!!
YG

Posted by Yancey G on 05/13 at 02:28 PM
 
Justice has NOT prevailed yet. It is NOT over. Not by a long shot. The Bakers and their LIES may have won over this judge, but the ultimate judgement is yet to come.

Posted by LissaKay on 05/13 at 05:27 PM
 
Why is America so hated? Try all the Christians who feel Christianity should be pushed onto everyone and anyone. It's no different from when Americans thought slavery was good for Africans.

Maybe the Bakers want a future submissive wife for their four year old boy. Who wants to take bets that she'll be forced to marry only because one of those Bakers ends up raping her??? Oh, don?t think I?m being outlandish. Talk to a number of Korean adoptees and they?ll tell you it happened to them.

God knows they aren't going to instill in her any of her rich Chinese culture. Playgroups for other Chinese adoptees with White parents????? PLEASE! Tennessee and Asians go together as well as Jews did with Hitler.

Posted by moving back to days of slavery on 05/14 at 03:47 AM
 
Trying to keep an open mind, I was reserving comment until I read Judge Childer's decision in its entirety .

The entire document reeks of ignorance, racism, favoritism, and stupidity. How does he write in his judgment that 50% of Chinese girls die? Where did that number come from? The Bakers supplied it (lied) and Childers was 1) racist enough to believe it and 2) dumb enough to write it in his decision inviting impartial courts to overturn it! Thank God for stupidity.

This decision can only originate from (and I regret having to make this accusation) the racist South. If ever Southerners resented labels of ignorance and backwardness, they only have to look at their officials.

This "judge" based his decision on personal opinions of credibility. The Bakers have run up a string of lies, distortions, and back room deals and Childers labels the He's manipulative?

Disclosure: I'm Chinese American. My mother is highly emotional and doesn't speak English well. My father had to claw his way through poverty and racism to achieve a semblance of middle class existence. Our house was (and is) a perpetual mess... and I have two Ivy League degrees, speak 4 languages and served America for two years in a less developed country. My brother graduated valedictorian, had almost a perfect record from MIT and now keeps America's high tech industry humming.

Where are my classmates who had nice clothe, clean houses, and parents who "Praised the Lord"?

Posted by Joe on 05/14 at 10:14 PM
 
www.parentalrightsandjustice.com
(This editorial has no copyright, so please publish it)

Anna Mae Case: A Test for the U.S. Judicial System

On May 12, 2004, Tennessee Judge Robert Childers terminated the parental rights of Chinese immigrants, Jack and Casey He, allowing a local mortgage banker and his wife, Jerry and Louise Baker, to adopt the Hes? five-year-old daughter, Anna Mae, away from them. Though to date the Hes? lawyers have never received a signed copy of his ruling (they ultimately had to access the ruling via the website of the administrative offices of the court), Judge Childers promptly released an electronic copy of his ruling to the news media, sending shockwaves across the Internet and throughout the local community. His unexpected ruling also raised eyebrows in the Hes? home country of China, where various groups and officials awaited the outcome of the bitter four-year battle.

In his lengthy ruling, Judge Childers found the Hes guilty of willful abandonment of their daughter, effectively dismissing the fact that this poor Chinese couple has been fighting all along in three courts and before four judges for her return. As pointed out by several legal experts surveyed by news media, Childers?s ruling contains seriously flawed arguments and a handful of unsupported assumptions.

Case in point: Childers cited as a basis for his ruling a Tennessee law governing the timeframe required to justify abandonment. Should the Hes have had no contact with their daughter for a four-month window, this would constitute, in the eyes of the law, abandonment. Childers cited a specific window, January 29 to June 6 of 2001, in which the Hes had no direct contact with their daughter due to their perception that the Bakers would have them arrested if they approached the child. The fact that Mrs. He did, in fact, file a legal petition on April 9, 2001?during the window in question?to compel the return of her child was used by Childers as evidence to justify terminating her parental rights. Childers ruled that Mrs. He did not specify in her petition her request for visitation, so her petition to get her child back ?evinces Mrs. He?s willful abandonment of AMH.?

To further justify his conclusion of willful abandonment, Childers elected to ignore critical refuting evidence, such as an October 3, 1999 entry in a secret journal kept by the Bakers. In that journal, as well as in their later testimony, the Bakers stated that they wished to reduce the Hes? visits with their daughter for the express purpose of weaning the couple away from her. Childers also chose to consider the modified testimony by the Bakers that contradicted their earlier testimony and other evidence already introduced to the court. (The Bakers had originally confirmed that the police had ordered the Hes off the Baker property and not to return, laying the foundation for the Hes? four-month absence from Anna Mae?s life and raising the question of abandonment; in their modified testimony, the Bakers claimed the police had told the Hes not to return that day only.) By deliberate omission and selection of testimony, Childers concluded that the Bakers never discouraged or hindered the Hes? visits and that the Hes? failure to visit for four months therefore constituted willful abandonment, i.e. grounds for termination of parental rights.

Further, Childers issued a ruling that ?there is parental misconduct or inability to parent by the Hes,? saying that ?the physical environment of the Hes? home is unhealthy and unsafe.? This was based almost exclusively on testimony from Mr. Baker, who stated he found the Hes? apartment unsavory when he visited in 1999, even going so far as to cite the presence of fish bones from the Hes? cooking as evidence of their lack of cleanliness. Interestingly enough, Childers said nothing at all about the successful parenting the Hes have been engaged in with their other two children, nor did he give weight to the Hes? noteworthy improvement in apartments over the last five years or a November 2003 visit from the guardian at litem that found their living conditions satisfactory. Childers did not cite even a single piece of evidence to prove the Hes? parental misconducts! Instead, he simply decreed that the Hes were unfit parents, and therefore, their parental rights had to be terminated in the matter of their first-born daughter.

Posted by Jennifer Jennings on 07/03 at 02:19 AM
 
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