Auditor Yost’s Lack of Investigation

 Auditor Yost Most Definitely Appears Racist in his Lack of Investigation into the Kidnapping, Rape, and Enslavement of a 13 Year Old Black Girl While She Was Under the Control of Franklin County Children Services

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“Justice delayed is justice denied” is quoted “as a legal maxim meaning that if legal redress is available for a party that has suffered some injury, but is not forthcoming in a timely fashion, it is effectively the same as having no redress at all. This principle is the basis for the right to a speedy trial and similar rights which are meant to expedite the legal system, because it is unfair for the injured party to have to sustain the injury with little hope for resolution.”

The phrase is also quoted “as a rallying cry for legal reformers who view courts or governments as acting too slowly in resolving legal issues either because the existing system is too complex or overburdened, or because the issue or party in question lacks political favor.”  In this case, a 13 year old Black girl lacked “Political Favor” when she managed to sneak these emails to her family.

(View the DVD of the grandmother presenting the emails to P.A.S.S. Advocate James Whitaker on October 18, 2006.)

As Chief Justice of the United States Warren E. Burger noted: “A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to believe that inefficiency and delay will drain even a just judgment of its value; that people who have long been exploited in the smaller transactions of daily life come to believe that courts cannot vindicate their legal rights from fraud and over-reaching; that people come to believe the law – in the larger sense – cannot fulfill its primary function to protect them and their families in their homes, at their work, and on the public streets.”

In late August 2011, the Auditor of State office accepted a case from P.A.S.S. of a 13 year old Black girl kidnapped from school, sexually assaulted two weeks later and enslaved for the next six years under the control of Franklin County Children Services, an agency receiving state and federal tax dollars for the protection of children.  To date; however, Auditor Yost’s Chief Criminal Investigator Michael Spiert and his Special Investigative Team have yet, to our knowledge, to begin the investigation into the savage and heinous acts committed against a 13 year old girl named Tyshea.

Attached is the link to Yost’s Press Conference describing the extensive personnel and resources used to investigate a fraud case against one man named Carl Shye.

(View Yost’s Press Release on the Ohio News Channel.)

After watching Yost’s very public press conference, it’s difficult to understand why Yost made no effort to immediately bring together a joint investigative team upon receipt from P.A.S.S. of Tyshea’s well-documented case confirming egregious misuse of public funds and significant injuries to a child.  In the video dated May 17, 2012, Yost openly stated:

“In February of 2011, approximately a month after I took office, I asked our Special Investigation Unit to reach out to the FBI and to the US Attorney’s office to request a joint investigation into Mr. Shye’s activity. Today’s Bill of Information is the result of the last fifteen months of work between these agencies.”

Yost and his investigators even have in their possession the complaint filed with the FBI dated October 31, 2006 and the recorded conversations revealing cult-like and extremist responses from members of the Columbus police force and members of the Columbus based FBI tasked with the protection of children; but, who you will hear in the recorded conversations repeatedly deny a 13 year old girl all her rights to protection under the criminal laws of the United States and the State of Ohio as well as deny her medical care and any redress against her perpetrators.

(Read the FBI complaint.)

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(Listen to the recorded conversations of law enforcement.)

Keappner - 

Murray - 

Croyle – 1 - 

Croyle – 2 - 

Mee - 

Columbus Police officers Kaeppner and Murray along with FBI agents  Mee, Croyle and Morris as well as Assistant US Attorney Dan Brown, through his early January 2007 written communications, not only refused to investigate the allegations of kidnapping, rape, and enslavement of Tyshea reported by her advocates, but these public officials appeared to conspire to cover up what is considered the most savage and heinous act that can be committed against a woman or man let alone a child.

(Read AUSA Dan Brown’s contradictory responses.)

* Download and Read PDF of Dan Brown Email

After the savage acts against her, Tyshea continued to be denied all contact with the only family she’d ever known until she escaped enslavement again on November 13, 2006, 5 days after the election.  We mention Tyshea escaping her enslavement five days after the election because, a little less than a month before the election, we had also contacted and shared Tyshea’s plight and suffering with our elected officials former Congresswoman Mary Jo Kilroy, current Congressman Tiberi, former Congresswoman Pryce and current Attorney General Dewine,  who were all running for election or re-election at the time.

(Read the emails attached.)

Kilroy email

Tiberi-Pryce-DeWine email

However, to our deepening dismay and utter disbelief, upon receiving Tyshea’s emails, our elected officials voiced no public outrage and showed little to no empathy for the alleged crimes Tyshea herself put in writing were being committed against her.  Our elected officials’ silence in the face of a child alleging such a violent and savage act effectively ensured Tyshea would remain enslaved in an institution; and, effectively ensured the violent crimes committed against her and possibly thousands of other children would remain unaddressed under the Federal and State criminal statutes for the next six years.

 

While under the control of Franklin County Children Services, Tyshea was a political prisoner.  We alleged then and now that she was a child unlawfully detained by her own government officials in fear the exposure of the alleged crimes committed against her would interfere with or effect the 2006 election and future elections.  Although most people usually equate a prisoner to one who has been charged with a crime, it is also, as in the case of Tyshea, anyone who is deprived of liberty against their will. This can be by confinement, captivity, or by forcible restraint.

Late last year, we received another shock when we came across the possibility of thousands of Tyshea’s deprived of their liberty.  In an article in the Northwestern Law Review we found floating on the internet dated July 13, 2006 entitled “Black Children More Often In The Crossfire”, the Columbus NAACP Director Noel Williams is quoted as saying, “They received as many as 700 phone calls in an 18 month period from Black families who believed their children were being unnecessarily taken into the system.” She referred to it as a “phenomenon”.  

(Read the Northwestern Law Review article.)

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We immediately realized this meant, during the same time Tyshea’s family; and, we, as her advocates, were diligently fighting for her and her sister’s release, a settlement for 700 Black families was being discussed, apparently, without the 700 families’ knowledge or input.  With this settlement in place, Franklin County Children Services officials were given the green light to continue the practice of taking Black children into the system unnecessarily and at alarming numbers with the majority of the benefits, financial or otherwise, appearing to go to foster parents, judges, attorneys, guardian ad litems and the agency itself.

We allege these activities carried out using public funds and sustained by the threat of law enforcement against Tyshea, her sister and possibly thousands of other Black children involved acts dangerous to human life, acts in violation of the criminal laws of the United States or of any State, acts intended to intimidate and coerce a civilian population of Black children in the City of Columbus and acts defined under the Patriot Act as Domestic Terrorism.

In the July 13, 2006 article, Ms. William goes on to state the Columbus NAACP was selected to mediate the settlement for these 700 hundred Black families with Franklin County Children Services over the disproportionate numbers.  However, when we called Noel Williams in 2012 to ask her what happened with the 700 Black families, she didn’t remember that number.  In fact, she stated she could only recall one or two complaints, which we thought was absolutely outrageous.  When further questioned, she also admitted she didn’t sign anything because she didn’t like the settlement put on the table.

When pressed for who was in attendance at this mediation, she said the Mayor’s office had representatives and that people were there from the United States Community Relations Division.  P.A.S.S. then spoke with Daedra McGhee of the federal agency.  Ms. McGhee acknowledged she could find no paperwork of any mediation held in Columbus, Ohio that year, but they would continue to look.  To date, they continue to look.

Judge McGee BrownStrickland’s former running mate, and founder of The Center for Child and Family Advocacy, a one stop facility at a cost of $10 million taxpayer dollars for child survivors of rape and other violent crimes, is also quoted in the same article as saying, “The question of law is whether this is a safe environment where children are not neglected and abused.”

However, Judge McGee Brown also never responded to Tyshea’s emails.  She never acknowledged her suffering or cries for help.  Judge McGee Brown never acknowledged our direct pleas via phone or email for her intervention as founder of the Center for Child and Family Advocacy now called the Center for Safety and Healing.

(Read McGee-Brown’s email.)

Ironically, NAACP Director Noel Williams was also contacted about Tyshea.  The  grandmother shared with her a photo of Tyshea as a bubbly happy little girl before she was kidnapped, raped and made a prisoner by Franklin County Children Services officials.

(See the grandmother’s photo and written statements to NAACP Director Noel Williams.)

In September 2007, Tyshea was featured as one of the many photos of missing Black children in the United States in an article in Essence magazine entitled “What Happened to My Child?”  However, Tyshea’s missing status was slightly different.  Going  home to her family meant risk of imprisonment for those she loved, but she also knew her family was more than willing to take the risk; and, today, no public official can forcibly prevent her from being with her family.

(Read  Francie LaTour’s article published by Essence.)

The evidence in these doc-u-trailers and the alleged involvement of officials from the local to the federal level should have given Yost and his investigative team even more reason to treat this case, that obviously involved significant harm to a segment of our society, as the Highest of Priorities and with great urgency.

Penn State should have been Yost’s blueprint.  There is a “Sandusky” in Ohio, except “Sandusky” is a group of boys, who were obviously aware from the culture in the institution that they could rape a 13 year old girl with impunity.   We consider Auditor Yost’s SIU team’s lack of investigation as another rape of Tyshea and is sending the message anyone can rape a Black child and get away with it.  No law enforcement will seek to apprehend the perpetrators.

As part of his SIU team’s investigation of the “Attendance Scandal”, Auditor Yost put in place a hotline by which persons could come forward with any knowledge concerning the manipulation of Columbus City School’s attendance data; therefore, it is more than reasonable for a child survivor of rape as well as the public to expect Yost to immediately put in place a hotline by which persons, without fear of retaliation, intimidation or coercion by government officials or police, can come forward with knowledge concerning any other children who have been ripped from their homes and communities without cause by Franklin County Children Services officials and have suffered any injuries such as rape or physical assault as a result.

In 1924, Calvin Coolidge summed up the right to equality by all beautifully in his response to a letter that claimed the United States was a “white man’s country”.

“I was amazed to receive such a letter. During the war 500,000 colored men and boys were called up under the draft, not one of whom sought to evade it. [As president, I am] one who feels a responsibility for living up to the traditions and maintaining the principles of the Republican Party. Our Constitution guarantees equal rights to all our citizens, without discrimination on account of race or color. I have taken my oath to support that Constitution.”

As another survivor of the savage crime of rape, Tyshea is to be commended for her courage.  By sending out those emails, she was making the rapists accountable for committing a crime against her.  Because she reported the crime against her, investigators have a chance to prevent others from having to survive the rapist.  The investigators have a chance to find out if there are other survivors or to use Tyshea’s report to substantiate another’s survivor’s story who may have been raped by the same perpetrators.  And lastly, it’s a message to other rape survivors, who want to exercise their right to do the right thing in the best interest of themselves and the public.

Yost and his SIU team must immediately begin doing the right thing and following the oath they took to support the Constitution and demonstrate a commitment to Tyshea that allows her redress against her perpetrators.  He must ensure Tyshea and the public that he will utilize all necessary personnel and resources at every level of government to ensure those who have committed these savage and heinous crimes against a 13 year old girl, directly or indirectly, are held accountable under the criminal laws of the State of Ohio and of the United States.

As stated, “Justice delayed is justice denied.”   With that statement in mind, any further delay or suppression by Auditor Yost, his attorneys and his SIU team in investigating Tyshea’s case should not only be viewed by the public and voters as intentional; and, most definitely Racist, but must be considered politically motivated to interfere with and effect the outcome of the 2012 election, even if it means rapists remaining free to possibly rape again.

B. Kennedy Kent

J. A. Whitaker Jr.

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