This is attorney Vincent Davis this show
is GET YOUR KIDS BACK NOW! this show is
dedicated to keeping families together
and to fighting the tyranny of CPS and
DCFS social workers a secondary purpose
of the show is to educate parents and
relatives or to least show them where to
get the necessary information for their
fight the final purpose of the show is
to remind the people that change can be
effectuated at the ballot box at the
state and federal levels let us unite
vote and elect those who will help us
today where I'm going to tell you about
a very interesting thing that happened
to me this week and this is what
happened several years ago a family
hired me to represent one of the parents
in the juvenile dependency Court the
allegations were that the father had
committed serious physical abuse against
the child the child had a broken as I
recall a broken collarbone but it's been
so long I haven't done the case in a
long time anyway through the
investigation of the case and the trial
I realized that the social worker one or
more of the social workers had
fabricated evidence and made up things
about the case to implicate the father
and even at that time the police were
investigating and threatening to arrest
him and prosecute him for this serious
physical abuse on this child to make a
long story short on the judge I don't
know if the judge ordered it or if both
sides did it but both sides got a
separate evaluation physical evaluation
to determine if this injury was
you know child abuse our expert came
back and said that it wasn't child abuse
and had an explanation for the abuse the
county's expert came back with the same
conclusion you know everyone was shocked
but the county used a very well-known
doctor I think the doctor was an expert
in orthopedics but anyway this doctor
was well known in the juvenile supey
juvenile dependency arena she had
written reports and testified in many
occasions and in my many years of
practicing I don't think I ever ever
remember her testifying on behalf or
coming to the conclusion on behalf of
the parents but in this particular case
she came out and said that it wasn't
child abuse that the accident or the
injury occurred just as the parents had
explained it it had occurred so we had
the trial the county still was going
forward trying to prosecute the family
and they had taken the child away from
the family and placed the child with a
relative and the relative was in another
County as a matter of fact but anyway we
went to the trial the judge found that
the allegations were not true and
dismissed the case and that day or the
next day the parents got the child back
now I was poised to bring a lawsuit on
behalf of the entire family they decided
to hire another attorney another
well-known attorney in Los Angeles
County to represent them who's very
well-known who's an expert at these
types of cases and off they went
and you know I really never heard from
them again about the case and time has
gone by and then this week they called
me and they asked me to come in on the
case to do the trial which is in a
couple of
months I'm telling you the story because
during that discovery process in the
civil rights lawsuit they had discovered
that the county withheld what's called
exculpatory evidence from us at the time
of trial not only did we have the two
experts who basically ruled that it was
not child abuse but the county allegedly
knew that it wasn't child abuse from the
very beginning of the case at the very
beginning of the case in most cases in
Los Angeles County and in a lot of
counties in California they they order
what's called a hub assessment and
allegedly this child was assessed by one
of their own doctors at the hub
assessment and that doctor allegedly
told of the social workers that this
wasn't child abuse now think about this
I'm defending the guy in juvenile court
from losing his parental rights possibly
forever not only that but the police are
thinking about prosecuting him for child
abuse and had they prosecuted him and
had he been convicted he was going to
jail for many many many years so it
comes out during the civil rights
lawsuit discovery the social workers
knew that it wasn't child abuse they
never told the judge they never told me
they never told the mothers attorney by
the way which they have a statutory
obligation to do to disclose evidence
that's favorable to the parents and you
know they proceeded with the trial
against this family luckily we won then
we won it without the exploratory
evidence but had we had that evidence I
I don't think we would even
to have had a trial the child would have
been returned soon in these particular
cases you have to do that you have to do
informal discovery and discovery because
I found as in this case if you don't
specifically ask for something they're
not gonna give it to you but just
imagine from the very beginning the
county knew that it wasn't child abuse
and they still tried to prosecute this
case against the parents mind blowing
isn't it remember to do your discovery
