Cindy Dumas v Eric Moelter: Maui FL#01-1-0270, San Diego DV#014964, FL #D477012 1990 1992 1994 1996 2001

2002 Cindy Dumas, a Paramedical Examiner, married Eric Moelter, a land surveyor, in Maui, Hawaii. Son Evan was born. Son Ryan was born. Son Damon was born. Cindy and the children moved to San Diego, CA. Cindy entered a PhD program in Health Psychology. In August, a mediated divorce was finalized in Hawaii, granting joint legal and physical custody to Cindy. In October, Eric moved to San Diego and began visitation on Wednesday evenings and every other weekend. Damons bedwetting increased from once a month to almost every night. He had night terrors and other symptoms indicative of abuse that were not recognized at the time by Cindy. February 23, 9 year old Ryan told his mom that his father had gotten up into the top bunk in the middle of the night with Damon and wanted to know what he was doing with him. 6 year-old Damon then disclosed an incident with his father, which Cindy, friends, family and the court-appointed counselor from Maui, Marianne Scott, believed was sexual abuse. Marianne told Cindy to contact CPS or she would have to. Edith Franks from CPS interviewed the children, case #0868-0214-0400-7009433, ordered supervised visits, and referred it to the police department. Police detective, Cindy Brady did a minimal investigation report #226868, including a short interview by the Chadwick Center, but said there was not enough evidence to give it to the D.A.; she placed Eric on the Child Abuse Central Index. CPS strongly recommended continued supervised visits, but closed the case as unsubstantiated due to the fact that Eric would not cooperate with their investigation. On March 5, Domestic Violence Judge Hightower issued a restraining order against Eric, later continuing it. Damon told Cindy that his father had abused him every time he visited him. The case was transferred to Family Court where Judge Michael T. Smyth dismissed the restraining order and the recommendations by CPS to keep the visits supervised, even though Damon had said the abuse happened every time he visited his father, with his first memory being when he was at his grandmothers at four years old. On June 10, Raymond Murphy PhD was court appointed to conduct an evaluation. He did not do a sexual abuse evaluation pursuant to Family Code 3118 or even talk to Damon about the abuse, but deemed it unlikely to have happened. Cindy brought Damon to Childrens Hospital trauma center where Damon disclosed the abuse to Dr. Williams, who wanted to continue seeing him. She was scolded by Minors counsel Terry Chucas, who told her if she brought Damon back to her that she would lose custody. He also attempted to coerce Cindy into signing a declaration saying she did not believe the abuse happened or she would lose custody, and if she reported any more abuse, she would be on supervised visits. On January 22, Judge Smyth ordered the children to go half time with their father. He said Damon had probably dreamt the abuse (despite the fact that Damons then 9 year-old brother Ryan had seen his father get up into the top bunk with Damon and his 10 year-old brother Evan had witnessed some of the abuse. He said that Cindy must act like the abuse did not happen, even if it did, or she would lose her children. Damon was distressed that his father was still forcing him to sleep with him so Cindy requested an order that Damon not have to sleep with Eric, but Judge Smyth decided that a father has a right to sleep with his son (at almost 8 yrs. old). In October, Damon disclosed abuse again to his teacher and principal who called the police. CPS, minors counsel and Judge

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Smyth disregarded the new disclosures and Detective Brady said she was too busy to investigate for at least another month. On November 4th, Terry Chucas wrote a report recommending Cindy lose custody and have no contact with the children for three months, and after that only supervised visits with a therapist. On November 5, Cindy and the boys went into hiding. She home-schooled the boys for three years. On August 8, the boys were granted a restraining order NO0107 against Eric by Commissioner John Chemelenski. In October, District Attorney Bonnie Dumanis dismissed the abduction charges after a review of the family court file. On January 31, Judge Lorna Alksne agreed to do a fair and proper investigation of the sexual abuse and said the children would be placed with a friend of the fathers for approximately two weeks while Damon was evaluated according to FC 3118 by William Dess, Ph.D. On February 1, Cindy and the children returned to San Diego, with the understanding that Damon would be listened to and protected if he reported the abuse. Although Damon described four years of abuse in detail to Dr. Dess, his attorney Gary Plavnik, and the Chadwick Center, the three boys who were now 12, 14 and 16 were not returned to their mother as promised. In August, the judge decided that there would be no hearing on the abuse and that she was simply upholding Judge Smyths old ruling. The new evaluation was not conducted pursuant to Family Code Section 3118. Cindy filed a motion to disqualify Dr. Dess due to biasaffiliation with Dr. Gardner, progenitor of parental alienation syndromeand would not meet with him. His report was inadmissible because he did not interview Cindy but he reported she had probably coached Damon (parental alienation) and that unless Cindy changed her position about the abuse and participated with reunification with the father, she should have no contact with the children. The court adopted his recommendations and added that she must take down the Saving Damon website as well or she would not get custody. In October, Judge Alksne found there was no credible evidence of abuse and Cindy had influenced Damon. Cindy was declared an abductor, an extreme flight risk, a danger to her children because she believed Damon and not allowed to have any contact with the children. Judge Alksne gave Eric partial legal custody and promised full custody if he moves to San Diego. Damon must undergo an evaluation by a new psychologist Dr. Randy Robinson. All three children must participate in $200/hr. reunification therapy with their father under Breffni Barrett, Ph.D. for six months and then be reunited with their father, despite their adamant statements that they do not want to see him. Damon and his brothers have reported the abuse to Dr. Barrett as well. The boys must continue to see therapist Dr. Craig Carlson at $165/hr. Dr. Robinson reported that Damon reported he was sexually abused by his father and did not want to be with him. The boys were forced to reunify and during the therapy discussed the four years of abuse. They were encouraged to forget about the abuse since they would not recant. Cindy was allowed to participate in the reunification therapy in February (the only way she could see the children). Cindy was told she must adjust her thinking (i.e. say that she really did not believe the abuse happened) with Dr. Barrett, so she quit the reunification therapy. Stop Family Violence led an email campaign in which over 15,000 people wrote emails to legislators and the Judiciary. Channel 9 and 10 followed the story and compared it to the Joyce Murphy story, a similar case in which the father molested the daughters friends. At the June 30th hearing custody was not given to either parent as the boys still refused to go with their father. At the September 11th hearing, Judge Alksne heard the boys in chambers talk about the abuse and that they wanted to live with their mother. At the October 2nd hearing, she gave full custody of Evan and Ryan to Eric, saying that Cindy was a danger and an inappropriate caregiver because she believes Damon. Damon was left with the guardians with the stated goal to distress Damon so much by taking his brothers away that he would give up and live with his father too. He

does not. Cindy is allowed one three hour supervised visit a week. Cindy filed a motion to view Chadwick Center videotape and in-chambers transcript. It was denied. 2010 Ex parte filed by Cindy to stop Damon from being sent away to a camp (which Alksne threatened since Damon is still psychologically impaired on this issue and still refusing to live with Eric. The hearing will be on March 9. Cindy filed a Statement of Disqualification for Alksne. She struck it herself. Writ was filed and denied. Gary Plavnick relieved as Damons minors counsel. Writ for Stay filed to stop proceedings until a 3118 is completed. Denied. Teacher reported abuse to CPS; covered up by minors counsel Gary Plavnicks wife, Leah Lingen, CPS supervisor. Cindy filed for CPS videotapedenied. Damon made youtube videos to Dr. Phil and President Obama. They were filed and part of record. Damon ran away twice to his moms, but the police forced him back to his fathers house. July: Final custody order: Alksne made findings that there is no credible evidence of abuse despite no hearing on the abuse; gave full custody to Eric because Cindy is a danger to her child and is not able to protect him. However, Cindy is given unsupervised visits every other weekend and for three hours on Wednesday on the condition she take down website, stop media involvement and agree to not talk about abuse. 2011 Damon ran away from his fathers house on July 11. Damon filed for emancipation in Alameda County with Judge Charles SmileyDenied. Damon made youtube videos to plead for help from the public. 2012 Damon filed a motion in San Diego with Judge Christine Goldsmith to be able to live with his mom and visit his fatherdenied.