Complaint Review: Washington County Indiana Circuit Court

I have been curious as to why no one has responded to my request for help. The 1st part of the last paragraph is probably the reason. If anyone has contacted CPS & been told this, then I undersatand why nothing further has been done. I will state that it is an outright lie!.                                                       My name is Lynn & I am requesting help (not financial) on getting my great niece, Annie removed from the clutches of  known criminals, Cecil & Marlene Cavanaugh-Faulkner. Judge Curtis Eskew granted guardianship of Annie to these two without a background check.   Cecil & Marlene were both in the IDOC in the early 90's, him under the name of Cavanaugh, her under the name Leach. He also served about 12 yrs. of a 25 yr. federal sentence, after being busted by the FBI, ATF, ISP, & Sheriff Combs in Salem, Indiana that resulted in over 300 thousand dollars in stolen vehicles, weapons, & contraband.  He was released from federal prison on 21 JAN 2009. Marlene served time in the IDOC for pulling a handgun in the Ripley County jail & demanding Cecil's release.  My niece Tonya(Annie's mother)is in the Harrison County, Indiana jail on meth charges.(father unknown) When Tonya  went to jail, she was married to Richard who had been with Tonya since Annie was 6 months old & we thought Richard loved Annie.     After Tonya went to jail, Richard got into trouble & before he went to jail, he asked Tonya to sign TEMPORARY guardianship over to a "nice" couple he knew & after he served his 2 or 3 month sentence he would get Annie back. After Tonya allegedly signed the papers, Richard filed for divorce, served his sentence, & never returned for Annie.   Cecil Ray & Marlene Cavanaugh-Faulkner, Salem, Indiana are the couple that have her. Richard's sister is married to Marlene's brother. Cecil is not on the Guardianship papers due to his extensive criminal background. He is listed as an ARMED CAREER CRIMINAL.    

As it turns out, Marlene has quite the past also. Cecil hired Douglas Leatherbury (former candidate for political office-D-IN) to file the guardianship papers on behalf of Marlene. Despite the fact that the signature of the mother had not been notarized, no background check was conducted, & the maternal grandmother was not notified, the Judge, Curtis Eskew granted the guardianship anyway. The papers were later notarized by Doug Leatherbury without him ever having met the mother. The grandmother's name,address, & phone # were on the top sheet under next of kin. At the time of the papers being filed, Cecil had been out of federal prison less than 5 months.        He was sentenced to federal prison in the mid 90's under the name of Cecil Ray Cavanaugh & released 21 Jan 2009 under the name Cecil Ray Faulkner. He was busted by the ATF, FBI, ISP & Sheriff Combs in Salem, Indiana in one of the biggest theft rings Salem had ever seen.  Cecil & Marlene were both in the IDOC in the early 90's, her under the name Leach,(her name at the time she abandoned her own children)him under the name Cavanaugh. Marlene abandoned her own children & left them for their father to raise.   I found this out when I personally spoke to her ex father -in-law & ex mother-in-law & Marlene's daughter. Her daughter told me she had not spoken to her mother in over 5 yrs. due to Marlene's lifestyle. I said, because of the drug abuse? Her answer was yes.     How can the courts justify these two qualified to raise someone else's child? She chose to ABANDON her children & spent time in the Indiana Department of Corrections. She would not raise her own children, but wants to raise a complete strangers child?   I just cannot understand why a background was not  ordered before granting or disallowing the guardianship. What if one or both had been a sex offender?    Annie's  family did not know Richard had went to jail & thought Annie was with him. When Annie's  grandmother wanted to see  Annie for the 2009 Christmas holidays was when she found out that Annie was with Cecil & Marlene.    Annie's grandmother called & spoke to both Cecil & Marlene in early December & they all agreed to a time she could have Annie. A day or two before Annie's grandmother was to get Annie, Marlene called her & said Annie could only stay for a couple of hours & that Cecil & Marlene would have to stay with her because she was afraid to stay at the grandmother's without  them.    We KNEW then that they had been filling Annie's head with a pack of lies because Annie had NEVER BEFORE BEEN AFRAID OF HER GRANDMOTHER!!! Annie's grandmother said to Marlene,  that didn't sound like Annie & she wanted to speak to her. Marlene  said Annie wasn't there, (of course) but Marlene would call the following day (a Sunday) & the grandmother could talk to Annie then, of course Marlene never called back.        I started researching Marlene & Cecil & found their address. On 23 DEC 2009, myself & Annie's Aunt Angie went to Salem & when we pulled in the driveway, we saw two chained pit bulls & one running loose. I saw whom I assumed to be Marlene & Cecil at the backdoor of the house (it was) & exited the car quickly before they went back into the house.    Cecil hurried to the loose pit bull & grabbed it's collar.The very FIRST WORDS Cecil EVER SPOKE to me were; "you know all I have to do is give the command, & these dogs will tear a human to pieces" I was stunned & blurted out the first thing that came to mind. I said "a nine millimeter in the hand will beat your pit bulls anyday" & then turned my back on him & walked up to Marlene & told her I was Annie's Aunt Lynn & I would like to see Annie.                                                      

Annie came FLYING out the door shouting, Aunt Lynn, Aunt Lynn while grabbing me & hugging me, she then did the same thing with Angie. I put my arm around Annie's shoulder's & told her I was taking her to see her Nana. Marlene goes beserk & starts screaming, Cecil, they are trying to take Annie. Cecil comes running, grabs Annie by the arm (this is important to remember) & pushes Annie & Marlene into the house, turns around & gets in my face screaming that I am not taking Annie anywhere.    I screamed at him that I was Annie's Aunt & had been looking for her for sometime. He said,(screamed)where were you nine years ago & I told him I was in the Navy. At this time I did not know he was in the Federal Penitentiary nine years ago. Nine years ago (at that time) was when Annie was born & Tonya was an excellent mother & wasn't involved in drugs until Annie was 7 or 8, although we (the family) were not aware of this at the time.  

While Cecil & I were arguing, I told Angie to call 911. After Angie called the law, she calmed us down. I decided that if we were to leave with Annie I neede to apologize & I did, but did not mean 1 word of it. We all went into the house & while waiting on the law, Cecil started telling me & showing me which pit bull slept with Annie EVERY night.  It was the one he had by the collar when he told me they would tear a human to pieces. Anyone that knows me, knows I am a huge animal lover & know most animals get a bum deal, especially pit bulls, but they are also unpredictable & it is VERY possible that if Annie were to elbow it or whatever in the middle of the night, it could kill her.   While standing in the kitchen I hear a loud buzz (like you hear when someone is buzzed into a secure building) & see a car in the driveway. Cecil says that is a friend of  his & goes outside for 5 or 10 minutes & comes back into the house with an UNDERCOVER POLICE DETECTIVE.(Brent Miller)  After all was said & done, it was agreed we could take Annie to her grandmother with the stipulation to have her back the next day (thursday) the 24th by 6.00 pm, but Annie's grandmother could have Annie that week-end.(Brent Miller alluded to the fact he would have us arrested if we did not return Annie)       I was infuriated that Cecil was dictating to Annie's family what they were going to do concerning Annie. These people are NO RELATION at all & their entire lives are filled with criminal activity. Being a criminal is their way of life.(Marlene's sister is married to one of the men busted with Cecil in Salem) Neither of them have a job, how are they paying the attorney?     I asked Annie's grandmother not to take Annie back because I KNEW Cecil would not let us see Annie again. Annie's grandmother & Angie were 1/2 hour late taking Annie back & when Cecil & Marlene came out of the house, Marlene began RANTING at Annie to get the hell out of the car & Cecil started screaming at Angie & even called Angie a w***e. (I was listening on the cell phone) Cecil had never met any of us until the day before & why he called Angie a wh**e, we still don"t know.      When Annie's grandmother called the   next day to make arrangements to pick up Annie, Marlene & Cecil said it was their anniversary & they were going out of town. If you look on both of their facebook pages they state their anniversary is in April, although each has listed a different date.   This is just one of many, many lies we caught them in, in the short time we were around them. Being a habitual liar goes with being a career criminal. Of course we have not seen Annie since 24 DEC 2009.                                                           

When Tonya was told what kind of people Annie was with, she signed sole guardianship & power of attorney over to Annie's grandmother & had both signatures LEGALLY notarized.   The grandmother then thought she could get her granddaughter from known criminals that are in no way related to Annie. WRONG! The grandmother hired an attorney (Leah Fink) & petitioned the court to terminate guardianship. Marlene's (Cecil's idea) attorney (Raleigh Campbell) objected to the termination & a few days before the court hearing requested & was granted an almost 2 month continuance.       This is a 9 y/o littlte girl's mind, body, soul, & future that is being decided & the courts gave these KNOWN CRIMINALS what THEY wanted, instead of making the well being of this little girl the priority. Once again, the courts CATER to the CRIMINALS.     If Leatherbury would step up to the plate & admit he illegally notarized the paperwork, it would seem to me the paperwork would be null & void.       I reported the situation to CPS (Debbie Ponder) on 15 JAN 2010 in Salem & explained the interaction(he bought her a padded bra, she rides on his lap while he let's her "drive" a vehicle, etc.) with Cecil. CPS made the statement: It sounds like he is "grooming" her but would not remove her from these known criminals, saying it was a legal matter. Why does CPS wait until a tragedy before they will step in and "help" a child? If the child was related to a "big shot" or someone at CPS, or the family had a ton of money, she would have been removed that day.       It DOES MATTER who you know or how much money you have as to how you are treated. If Annie was the child of a police officer, a judge, a prominent citizen, etc., we ALL KNOW she would have been removed that day.   I know they will ask for another continuance & no doubt it will be granted. They did & it was. The judge on this case is Robert Bennett & I believe with all my heart that if  knew of their criminal filled life he would not allow another continuance.       This 9 y/o child's soul, mind, happiness, & FUTURE are at stake, & the longer she is with these people, the more damage is inflicted on her. Does she go to sleep at night wondering why her Nana has not come for her? What is done to this child while she is with these people cannot be undone!     It should be obvious to anyone with any sense what is going on at these CAREER CRIMINAL'S  house, with the pit bulls & the sensor in the driveway. I have done a lot of research after going to their house. The pit bulls & sensor in the driveway made me realize something was amiss, but when the undercover Detective ( I called the sheriff's office to verify this) showed up, I knew I was right.                              Uniformed (usually two) police officers are dispatched to domestic violence, child disputes, etc. It makes one wonder why he served only 12 years of a 25 year federal sentence. I have been thinking almost non stop about Annie & how her life is & will be affected by this. What must be going thru her mind knowing she is with complete strangers.       I have also been thinking about why these two are fighting so hard to keep Annie & fighting so hard to keep her from her family. So far I have three theories.      The first one is: Marlene & Cecil did not raise the two children she gave birth to & Marlene's daughter has not spoken to her in close to 6 years & did not invite Marlene to her wedding & refuses to answer her door when Marlene knocks on it, therefore Marlene isn't allowed to see her grandchild.   Maybe they are trying to show everyone that really knows them, that they have it all wrong & Marlene & Cecil are actually good people. My second theory is since neither of them have a job, they are getting pretty good benefits having Annie live with them.    I know they did get Annie a Medicaid card, so I imagine they get benefits too. My 3rd theory is best kept to myself for now.  I do know that both of them are heartless, selfish & cruel to keep Annie from her grandmother & they also tell Annie her family doesn't care about her or love her. I also know that Cecil has a power thing going on & believes women are beneath him.     I spoke to two close relatives of Cecil's in Mississippi that grew up with him. Both sent a message to my friends facebook account that he has exposing the real Cecil & Marlene.       Cecil's cousin said Cecil has been a thief his entire life & brought nothing but disgrace & embarrassment to the Cavanaugh name.    His 1/2 brother said that Cecil is a crook. I went to the courthouse when this all started & got a copy of every piece of paperwork related to this case, meaning I have a copy of the non-notarized paperwork as well as the notarized paperwork. Doug Leatherbury should be held accountable for blatantly breaking the law by notarizing the signature of someone he has NEVER met. 

 Harrison County jail has the log on Marlene showing up at the jail on a day other than visitation day to get Tonya's signature, the very day the guardianship papers were signed, & Leatherbury nor any other notaries were present. They also have the the log on when Tonya signed sole guardianship & power of attorney  over to Annie's grandmother & the proof of the notary notarizing the signature's of which a correction's officer witnessed.     I cannot understand why the law abiding, tax paying maternal grandmother of this very soon to be 10 year old has to fight in a court of law trying get visitation with her granddaughter & to have Annie returned to her family. ANYTHING that these menace's to society have requested has been granted by the court. They have now requested a guardian ad litem (advocate) to be appointed, & of course the CRIMINALS again were granted what THEY wanted.     The only reason for this request is that this will guarantee that the case will drag on indefinately & the longer Annie is with these two, the longer they have to convince her that her family does not love her & that Cecil & Marlene will always take care of her.     What has gone wrong in this country, that this is allowed to happen? With the way a high percentage of this generation has gotten involved in drugs, this could have happened to any family. This entire case is a shame & a disgrace & the courts have ALLOWED it to go on for much too long!     15 JAN 2010 is the day I went to Washington County CPS hoping to have Annie removed from Marlene & Cecil. I heard NOTHING from CPS & again went to their office on 03 MAY 2010, but Debbie Ponder wasn't in.   On 05 MAY 2010 Debbie Ponder called me at home & after I voiced my concerns again, she told me she saw the marks on Annie's arm where "one" of us had hurt Annie.          I said, What do you mean? She said Cecil had told her that "one" of us had hurt Annie after grabbing her arm. I said, that is not true & explained what had happened.     Debbie Ponder said she spoke to Annie & Annie told her "one" of us had hurt her arm & that she believed Annie. (Cecil has "persuaded" Annie to lie.) I asked Debbie Ponder which "one" of us was it & she did not answer me.   This incident was supposed to have happened on 23 DEC 2009, I went to CPS on 15 JAN 2010. CPS went to Cecil & Marlene's sometime after that (they would not give me the date).      If Annie was hurt on 23 DEC 2009 & CPS did not go to Cecil & Marlene's until sometime after 15 JAN 2010 & the marks were still on her arm, it would seem to me the injury was bad enough that Annie should have been taken to the ER.      If she had been hurt on 23 DEC 2009 Detective Brent Miller would not have allowed us to leave with Annie & "one" of us would have been arrested for child abuse.      If Debbie Ponder saw the marks sometime after 15 JAN 2010, where are the pictures & why wasn't "one" of us arrested?       I am bewildered as to why Debbie Ponder seems to have taken sides against Annie's blood family. I asked her point blank on the 15th of JAN that if a background had been conduted on these two do you think Annie would be living with them?  She said, well a background is not always conducted. I said, you did not answer the question & I repeated it & her answer was, no.     I do know that two people with the last name Ponder, a counselor with the last name Albertson (Marlene's maiden name) work at the school Annie attends & a member of the school board has the last name Bowling. (Michael Bowling was busted with Cecil in Salem)   

 We need help getting Annie away from these people. This must stop! The longer Annie is with them, the more damage to Annie & the more time Cecil has to brainwash Annie. Thank you for your time.