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Title: Police Force Horrifying Sexual Assault Exam on 5yo Girl After She Fell Off a Trampoline
Source: Free Thought Project
URL Source: https://thefreethoughtproject.com/p ... fell-off-a-trampoline-lawsuit/
Published: Oct 16, 2019
Author: Matt Agorist
Post Date: 2019-10-16 13:29:25 by Deckard
Keywords: None
Views: 233
Comments: 9

Mountain View, CA — Madeleine Lother, 5, was on a play date with friends at a trampoline park earlier this year when she took a spill and fell on a large knotted rope. That fall would then set off a series of events that would lead to a living nightmare for the girl and her parents.

“She was crying. She went in the foam pit and continued to play with her friends, and she was crying, holding her private area,” said Madeleine’s mother Danielle.

When Danielle got home, she checked her daughter’s private area, saw a minor scrape, and then called the pediatrician for advice. The injury was so minor, however, that it required very little attention.

“I mean, we kept checking it. I washed it. We bathed her, but it was kind of like a non-issue after that,” Danielle said, according to ABC 7.

Doug, Madeleine’s father, said, “By the end of the day, there was no bleeding. It seemed like a full recovery, yeah.”

The incident was over and on Monday, Madeleine returned to school as normal.

Madeleine, like any child would do, then told her teacher about the injury. In a childlike manner, Madeleine told the teacher that her vagina was bleeding. Instead of calling the girl’s parents, however, the school called Child Protective Services, who then showed up with police to the Lother residence—beating on the door.

“They all just came into the house and I was just kind of like pushed to the side,” said Danielle.

Once inside, according to a recent lawsuit filed by the family, police officers Mark Poirier, Mason Motomura and Matthew Rogers would proceed to break the law by refusing to tell the parents why they were there.

“When these people came to the door, they should have told the mother, by law, why they were there, what the claim was,” Bob Powell, the Lother’s attorney said. But they did not.

Police then took the girl outside into the front yard — without her parents — and questioned her without consent. According to the lawsuit, the girl told officers exactly what happened, explaining how she fell at the trampoline park. After being interrogated in public by three police officers, however, the girl began to whine and told police she did not want to answer anymore questions.

According to the suit, Poirier is heard on a police body camera recording saying that the concerns of possible sexual abuse seemed “more and more unfounded,” and that the injuries were innocent in nature.

However, they were hell bent on forcing this little girl to undergo a horrifying sexual assault exam anyway.

“They say, ‘Okay, this is what’s going to happen. We just called the paramedic. She’s coming out here and we want to examine Madeleine’s vagina,'” said Doug.

Both Doug and Danielle refused to give consent, instead giving them the pediatrician’s number to verify they called the doctor when the injury happened. They also offered the numbers of the witnesses who saw Madeleine fall.

“Danielle (Lother) offered in a pleading tone to take the child to the doctor tomorrow and send them the results,” according to the suit. “Danielle again offered that she would get the pediatrician on the phone. These offers were again refused.”

Instead of seeing the clear evidence laid out before them that this was an innocent injury, police then issued an ultimatum: let us give the sexual assault exam here, or we take your daughter.

“There is only two options,” he said, according to the lawsuit’s transcription of body camera footage. “Doing this here in her own home with a female medical expert. Mom is welcome to be present, nothing traumatic, abusive is going to happen, or if you refuse, then we have to go the other route and CPS will take them in … to be seen by an emergency room doctor.”

“And I said to them, ‘You know what? You guys are- there’s three of you here and you all have firearms, and there’s nothing I can do to stop you,'” said Doug.

“Madeline didn’t want her pants off. She was squeezing her legs together, screaming, ‘No! Stop it!’ Scratching, hitting, you know, self-defense really for her,” said Danielle.

As the lawsuit explains in shocking detail, “in a nightmarish moment of his life, Douglas (Lother) actually found himself holding a flashlight with one hand, pointed at his daughter’s private parts, while he and his wife were holding down their struggling, screaming, crying 5-year-old daughter, as a stranger was putting her fingers on his child’s labia and spreading the outer folds of the labia with her fingers to visually inspect them in the bright light of a flashlight held by Douglas.”

Showing just how unnecessary and abusive this process was, after sexually assaulting the poor little girl, the paramedic concluded that there was nothing wrong with the child’s vagina — but only after prefacing her statement by noting that she was no doctor.

“There wasn’t even a mark on Madeleine. It had all healed. There was no blood. There was no cut. There was nothing,” said Danielle.

Although the forced sexual assault exam had ended, the damage to Madeleine had just begun. According to her parents, their daughter is now sad all the time, her grades have plummeted, and she is plagued by nightmares.

As the Mountain View Voice reports, “in the weeks following the incident, the family hired San Jose-based attorney Robert Powell, who filed a $1 million claim against the city of Mountain View arguing that suspected victims of child abuse cannot, by the department’s own policy, be detained involuntarily for the purposes of an interview or physical exam without the consent of a parent or guardian. Exceptions exist only for exigent circumstances, including an immediate need to address a medical issue or a belief that the child is at risk of harm if the interview or exam is not completed.”

In fact, the police department’s own guidelines explain that what these officers did was wrong.

Their guidelines on suspected child abuse cases say: “An officer should not detain a child involuntarily who is suspected of being a victim of child abuse solely for the purpose of an interview or physical exam without the consent of a parent or guardian.” “Child victims should not be interviewed in the home.” And “officers should defer interviews until a person who is specially trained in such interviews is available.”

All three of these guidelines were broken, according to the lawsuit.

Although the family will likely win a settlement in this case, no amount of money will ever remove the traumatizing scars left behind on this little girl—all left behind by people who claim to protect her.

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#1. To: Deckard (#0)

$1 million is a really low figure for this. The state does not have a defense. They violated protocols and sexually assaulted a child.

The facts stink, and the jury will hate them. Should have sued them for $10 million and not settled at all.

Vicomte13  posted on  2019-10-16   13:38:06 ET  Reply   Trace   Private Reply  


#2. To: All (#0) (Edited)

They also offered the numbers of the witnesses who saw Madeleine fall.

According to the ABC7 article, it should be: she also offered the name and number of a mother who was there at the time.

Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.

Deckard  posted on  2019-10-16   14:19:37 ET  Reply   Trace   Private Reply  


#3. To: Deckard (#0)

Take the cops' homes, cars and pensions.

Hank Rearden  posted on  2019-10-16   14:34:48 ET  Reply   Trace   Private Reply  


#4. To: Deckard (#0)

"... arguing that suspected victims of child abuse cannot, by the department’s own policy, be detained involuntarily for the purposes of an interview or physical exam without the consent of a parent or guardian."

Stupid policy. If the parent or guardian abused the child, how likely is it they'll give consent?

misterwhite  posted on  2019-10-16   14:39:11 ET  Reply   Trace   Private Reply  


#5. To: Hank Rearden (#3)

Take the cops' homes, cars and pensions.

And all future earnings, inheritance, lottery and gambling winnings.

Three male cops come in, terrorize the family, all so some completely unqualified paramedic could pretend she was giving an exam?

These cops have shite for brains.

Tooconservative  posted on  2019-10-16   18:30:03 ET  Reply   Trace   Private Reply  


#6. To: Deckard (#0)

How sad that Gatlin ran away and can't be here to enjoy yet another Matt Agorist/FTP article.

He always read them with such avid interest.

Tooconservative  posted on  2019-10-16   18:31:44 ET  Reply   Trace   Private Reply  


#7. To: Vicomte13 (#1)

The state does not have a defense. They violated protocols and sexually assaulted a child.

Outrageous story, no doubt. Nope, no defense. That said...

Is this not further proof that we no longer live in a Constitutional Republic with "inalienable rights"?

Any fascist State's "defense" of this aborrant Police-State is their repeated testimony that it is *they* who own our children. MORE proof: State-sanctioned & financed "Abortion-on-Demand" for Minors, aka children.

Liberator  posted on  2019-10-17   8:13:02 ET  Reply   Trace   Private Reply  


#8. To: Tooconservative (#6)

How sad that Gatlin ran away and can't be here to enjoy yet another Matt Agorist/FTP article.

He always read them with such avid interest.

I'm a Matt fan too.

- - - - - - - - - -

When Danielle got home, she checked her daughter’s private area, saw a minor scrape, and then called the pediatrician for advice. The injury was so minor, however, that it required very little attention.

“I mean, we kept checking it. I washed it. We bathed her, but it was kind of like a non-issue after that,” Danielle said, according to ABC 7.

Doug, Madeleine’s father, said, “By the end of the day, there was no bleeding. It seemed like a full recovery, yeah.”

- - - - - - - - - -

“There is only two options,” he said, according to the lawsuit’s transcription of body camera footage. “Doing this here in her own home with a female medical expert. Mom is welcome to be present, nothing traumatic, abusive is going to happen, or if you refuse, then we have to go the other route and CPS will take them in … to be seen by an emergency room doctor.”

“And I said to them, ‘You know what? You guys are- there’s three of you here and you all have firearms, and there’s nothing I can do to stop you,'” said Doug.

“Madeline didn’t want her pants off. She was squeezing her legs together, screaming, ‘No! Stop it!’ Scratching, hitting, you know, self-defense really for her,” said Danielle.

As the lawsuit explains in shocking detail, “in a nightmarish moment of his life, Douglas (Lother) actually found himself holding a flashlight with one hand, pointed at his daughter’s private parts, while he and his wife were holding down their struggling, screaming, crying 5-year-old daughter, as a stranger was putting her fingers on his child’s labia and spreading the outer folds of the labia with her fingers to visually inspect them in the bright light of a flashlight held by Douglas.”

Conjure up your best image of Doug and his flashlight. No, really.

As the Mountain View Voice reports, “in the weeks following the incident, the family hired San Jose-based attorney Robert Powell, who filed a $1 million claim against the city of Mountain View arguing that suspected victims of child abuse cannot, by the department’s own policy, be detained involuntarily for the purposes of an interview or physical exam without the consent of a parent or guardian. Exceptions exist only for exigent circumstances, including an immediate need to address a medical issue or a belief that the child is at risk of harm if the interview or exam is not completed.”

A $1 million claim? One would think such would be stated in the Complaint. It isn't. No specific amount is stated. It asks for General damages and Special "damages in an amount to be determined by proof at trial."

As for exigent circumstances, see what is actually stated below.

A reasonable belief that medical issues of the child need to be addressed immediately

A reasonable belief that the child is or will be in danger of harm if the interview or physical exam is not immediately completed.

The alleged offender is the custodial parent or guardian and there is reason to believe the child may be in continued danger.

https://abc7news.com/exclusive-south-bay-parents-cps-nightmare-police-forced-sexual-assault-exam-on-5-year-old-girl/5336318/

But, police department guidelines on suspected child abuse cases say: "An officer should not detain a child involuntarily who is suspected of being a victim of child abuse solely for the purpose of an interview or physical exam without the consent of a parent or guardian." "Child victims should not be interviewed in the home." And "officers should defer interviews until a person who is specially trained in such interviews is available."

Or,

330.6 INTERVIEWS

330.6.1 PRELIMINARY INTERVIEWS

Absent extenuating circumstances or impracticality, officers should record the preliminary interview with suspected child abuse victims. Officers should avoid multiple interviews with a child victim and should attempt to gather only the information necessary to begin an investigation. When practicable, investigating officers should defer interviews until a person who is specially trained in such interviews is available. Generally, child victims should not be interviewed in the home or location where the alleged abuse occurred.

Patrol officers should interview all parties involved, including children, separately. If the case involves severe, ongoing, physical or sexual abuse or severe neglect, the Investigative Services Division Person Crimes supervisor should be contacted for assistance from a child abuse detective. At this point consideration should be given to scheduling a Multi-Disciplinary Interview (MDI), and the patrol officer should conduct basic interviews only to determine jurisdiction, and elements of at least one crime.

330.6.2 DETAINING SUSPECTED CHILD ABUSE VICTIMS FOR AN INTERVIEW

An officer should not detain a child involuntarily who is suspected of being a victim of child abuse solely for the purpose of an interview or physical exam without the consent of a parent or guardian unless one of the following applies:

(a) Exigent circumstances exist, such as:

1. A reasonable belief that medical issues of the child need to be addressed immediately.

2. A reasonable belief that the child is or will be in danger of harm if the interview or physical exam is not immediately completed.

3. The alleged offender is the custodial parent or guardian and there is reason to believe the child may be in continued danger.

(b) A court order or warrant has been issued.

COMPLAINT at 18-19:

132. Danielle told them that when M.L. got home she informed them she was hurt, and that she and her husband asked her if she was touched or abused in anyway.

133. Danielle explained to the officers and social worker that M.L. said no one had touched her and had explained it was something caused by the rope swing. Danielle explained that M.L. would not let them (her and Douglas) look at her that night when she returned from her playdate, and that M.L. was very tired and it was bedtime, so they did not push it.

134. They had noted blood in the child’s underwear, hardly something to demand they allow her to inspect her vagina while she was tired and fussy.

135. Mother tried to coax M.L. into letting her see her vaginal area when she showered her before bed, but M.L. was shrieking and denying her mother’s requests.

136. She explained to the officers and social worker that for those reasons, they washed M.L. up, changed her underwear, and decided to call the doctor in the morning.

137. Danielle explained to the government agents that her and her husband decided as parents this injury did not need immediate attention, and described how they took into account the general anxiety level of this child which was already heightened by recent multiple trips to the doctor associated with her flu symptoms, and in consideration of all that had made the decision they would reach out to the doctor in the morning.

138. She explained that she had called the doctor’s office early the following morning and she spoke with the Kaiser advice nurse.

139. Danielle explained that she had been put on hold for the express purpose of the nurse checking with a doctor, and that when the nurse returned to the line she reassured Danielle that a trip to the Emergency Room was not necessary, but that she should bring her in if the bleeding did not stop.

140. Danielle also explained how she was changing underwear on M.L. to be able to see if the bleeding stops; which was an idea from the advice nurse.

141. Danielle explained how she had prophylactically made an appointment for 9 a.m. that day if care was needed in the event, they were unable to coax M.L. into inspecting her private parts a little more closely that morning.

142. Danielle explained the nurse instructed her to examine the injury further if she could, to see if she could establish the extent of the injury, or that Danielle could take her in to the Emergency Room to be seen.

143. Danielle told the offices and social worker that after she examined M.L. and found only one or two very, very small cuts that may have been abrasions, and some very superficial bleeding, her and her husband had decided it was not necessary to see a doctor.

It appears that a 5-year old makes the decisions in the household.

It seems the underwear came off and were replaced multiple times but mommy was not allowed to look so she didn't for a few days. Or as TFTP put it, "When Danielle got home, she checked her daughter’s private area, saw a minor scrape, and then called the pediatrician for advice. The injury was so minor, however, that it required very little attention."

It appears the nature of the examination is in question. The following is from the Plaintiffs' COMPLAINT.

COMPLAINT at 22-23:

173. While MOTOMURA was standing in the family’s living room, telling the parents that basically this investigation of their daughter’s vagina was going to happen whether they like it or not, he told Danielle that in fact she was being “disrespectful.” The conversation was as follows at this point;

MOTOMURA: Listen to what I'm saying. You're being very disrespectful and we're trying to be calm and respectful with you, okay? We're having a female paramedic come over to check out your daughter because the last thing we would want to do is have a male officer, paramedic look. Nobody's going to be touching her, opening her up, they're going to be looking at her external injuries and giving an expert-

Danielle: There are no external injuries. They're internal.

MOTOMURA: You're interrupting me again. Giving an expert opinion to CPS on whether she needs immediate medical attention. If they say she's good, to continue with how you guys have been doing it, then we're good at that point and we need to leave. If they say that she needs immediate medical attention and you refuse to take her to the ER, then we have the right to have CPS take her over there to [inaudible] by their doctors.

Danielle: I have a question; do you arrest both of us or one of us? Because I’ll go to jail.

MOTOMURA: I don’t want any of that to happen.

Douglas: I’ll go to jail; you’re not looking at my daughter

nolu chan  posted on  2019-10-18   21:32:48 ET  Reply   Trace   Private Reply  


#9. To: nolu chan (#8)

A paramedic cannot give a qualified medical assessment. Only a licensed doctor can.

Unless you can find a statute in California that does authorize paramedics to conduct medical examinations of internal genital injuries.

Do you have such a statute to authorize police to force an examination against parental consent and using only a paramedic to conduct an invasive exam of children's genitals?

Tooconservative  posted on  2019-10-18   22:25:01 ET  Reply   Trace   Private Reply  


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