Friday, January 15, 2010

Some Moans of Cherish Lewis’s Court Experiences

I recently listened to a radio show and heard of a case out of Ohio about a jailed mother, Cherish Lewis. I admit the more I heard, the more angry I was with what I was hearing. Cherish is doing jail time because of what (I believe) she was doing to protect her child, Jaelyn Rice, from an alleged abusive father, Stephen Rice. She was accused of hiding her daughter and defying court orders to turn her over to the father. I scratched my head in confusion and with the strangeness of the Ohio justice system. As of today, I still feel angry. And too, I am still feeling a need to scratch my head; so if you have problems understanding this post I heartily apologize.

When these suspicions of abuse first came about, Cherish, as a smart mother should, took her child to a doctor. Her suspicions had begun when she saw too many bruises on her daughter after Jaelyn returned from a court ordered visit with Stephen, the child’s dad. A doctor checked Jaelyn. Cherish’s suspicions of physical abuse were deemed by the doctor, law enforcement and child services as credible and true, and suspicion became became allegations. What also was discovered during this time is that Jaelyn had been sexually abused, allegedly by her father.

I feel Cherish rallied her inner strength to do right by her daughter, because during a court proceeding she advised the court of the allegations. And too, she had a medical expert, child services evidence and law enforcement evidence to prove her case. What decision came from these allegations? Well, the trial court judge decided Mom Cherish was an overly protective mother and believed she had Munchhausen Syndrome by proxy. (Allegedly the lawyer of the child’s paternal grandmother sowed the seed of this idea) The court demanded Cherish seek psychiatric evaluation. This evaluation was to be at her own expense. As was all the court cost. And at a hearing, due to yet another question from the grandmother’s lawyer, it was mentioned that she could have Parental Alienation Syndrome. The judge didn’t question these suggestions; nor (from what I personally understand in the ruling of the appeals court) did he understand what they were, but sadly he allegedly took them as fact.

Although a few months later Cherish brought an expert before the judge and that expert stated that Cherish did not have Munchhausen Syndrome nor Parental Alienation, the trial court judge apparently did not believe the expert; he ruled against Cherish and her feelings about her daughter’s best interest.

In 2009 an Appeals Court upheld the expert’s testimony that Cherish didn’t have Munchhausen Syndrome or Parental Alienation. And, in their ruling, stated the trial court had abused its discretion. The Appeals Court also ruled that the child had not adjusted to her father’s home, preschool and community as the trial court had said.

However, Cherish is still in jail and has been in jail for the last seven months.

More background of the tribulations of this dedicated young mother. Jaelyn was born premature and spent her first six months of life in a hospital incubator. She also had to have physical therapy, speech therapy and developmental therapy at home after her discharge. Mom had genetic testing done to prove parentage of the child, and there began the years of her court hearings. Dad had left and joined the Marines.
(I will, in defense of Cherish due to critical comments of her asking for proof of parentage from the father that was made on forums, say that it’s my personal understanding when child services become involved and the state is helping support a child, they ‘highly recommend’ both parents be involved in support and rearing of a child)

Stephen decided when he was home on leave from Marines that he wanted to have his daughter over for a visit. Cherish didn’t approve of this since he had been away and had not bonded with Jaelyn since her birth. She didn’t feel he’d know how to properly care for his daughter. Jaelyn was then only a year old. Stephen’s mother decided to file for grandparents rights and the court granted them.   They discharged Stephen from the Marines a few months later, allegedly for failing a drug test and he made his home in California. (Stephen has moved to several different states and cities during this long five-year ordeal.) He also decided that Jaelyn, at the age of 3, no longer needed therapy sessions and told the court he had taken her to a pediatrician and that pediatrician agreed she was healthy. (I can’t find anything on anyone ever saying Jaelyn wasn’t healthy, just that she needed continuing physical, speech and developmental therapy) However, I have not found any legal papers online showing Stephen brought forth proof from the pediatrician nor have I discovered this pediatrician’s name. I did read in the Appeals Court findings that some of Jaelyn’s therapists testified that it was not in the best interest of Jaelyn for her to discontinue therapy. I also did not see where the trial court judge ruled Jaelyn should continue her therapy sessions after that time.

Cherish Lewis, to me, has done everything she can do to keep her child happy and has given her the proper care she needed. She has, to me, also shown what any loving and caring mother would show, and do, when suspicions of abuse were suspected then declared factual. She put her child above herself and tried to protect her.

Sadly, the appeals’ court sent the case back to trial court so the same judge is still the sitting judge. The same judge after the appeals court ruling of April of 09 sent Cherish to jail in July of 09. But I pray that after the more recent filing in Aug of 09 of a petition of disqualification of the trial court Judge Frederick Crow III, the Supreme Court of Ohio will declare him disqualified. Hopefully a different and a non bias judge will hear the case and make a fair assessment of facts before ruling; more importantly, rule only on those facts.

Until then, and sadly so, Cherish, it seems will stay in jail. I am of the feeling that Cherish needs to be freed. She needs a fair hearing and by a non bias judge. Hopefully with all the support she now has, that will come to fruition soon.



http://www.supremecourtofohio.gov/rod/docs/pdf/4/2009/2009-ohio-1823.pdf


http://www.sciotocountycpcourt.org/calendar/..%5Cnxhist.exe?casen=04PD000736

35 comments:

  1. Very nice article. There was an oral argument with the Court of Appeals this past Thursday. I believe it went well and believe that they will decide to reverse most if not all orders granted by Judge Crow on July 24, 2009. This should get Cherish out of jail, but then she will be right back in front of Judge Crow. But at least now she has The Justice League and three incredible attorneys helping her instead of a conflicted attorney who represented Stephen Rice on a prior felony sexual abuse of a 4 year old child.

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    Replies
    1. http://www.portsmouth-dailytimes.com/view/full_story/22027432/article-Scioto-County-residents-among-44-indicted-on-drug-charges

      she was always a manipulating liar. the justice league helped cherish and only prolonged jaelyns abuse at her hands.

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  2. Spam. Incorrect information. Lies. What a joke of a blog. Get a real profession. Do further researching. Learn the facts and the truth and not the lies.

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  3. I agree with the second posting. The first, may I ask what oral argument you're speaking of? The oral argument that Cherish's attorneys along with Stephen's attorney had a completely different outcome than what you posted. It was completely in favor of Stephen Rice and Cherish Lewis's attorney was apprised to who his client really is and what her intentions really are. I wouldn't be surprised if he (and the other attorneys) drop her after that oral argument.

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  4. i totally agree with the blogger and am so glad to finally see someone speak up for Cherish

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  5. Cherish has "ran" with Jaelyn before. She told the family she went to Mexico. She went to Columbus... spent jail time for that as well. Her allegation have been proven false in court and Stephen Rice has taken a polygraph.
    This blogging is really doing nothing for Cherish, but it is bringing awareness to Jaelyn's disappearance.
    Everyone should keep an eye out for Jaelyn Rice. Her daughter that she has refused to reveal her whereabouts. Jaelyn has been spotted with strangers and all around the state and surrounding states. She has missed her first year of school and much more. I will be shocked if she ever sees this child again.

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  6. The oral arguments did not go in favor of Cherish as was stated above.

    Nice story, but you don't have ALL the facts - from beginning to end. I wish people would do ALL the research before they start these blogs and stories. If they did - they probably wouldn't write them.

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  7. The court was so not in Cherish's favor. The decision was uphealed.

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  8. The decision was biased. The blogger made a deep search as also I did. The court documents shows what happened in real. We have to stand up for Cherish.

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  9. I challenge you to read all the docs not just page 6 and 7 here and there!

    Everything front to back. It comes down to that this woman doesnt wanna loose a SSI check b/c she will not work. Plus she doesnt wanna pay child support. Thats the facts, she has even made offhand comments about it.

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  10. It is not my nature to hold grudges against nor to attack those who disagree with my personal surmisals. And, I thank each of you for your opinions on this blog piece. Pro and Con.

    TigressPen

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  11. Well Tigress Pen if you were informed right you would have already knew that Judge Crow was not Disqualifed per the Chief Justice of the Supreme Court of Ohio. Looks like the rices have another notch in there belt.

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  12. For info, Cherish Lewis has been released from jail (Thursday March 11, 2010) and is home. Apparently Appeals court reversed Judge's July 24, 2009 order.

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  13. Anonymous of 03/05:

    I thank you for being concerned that I was misinformed, but, I do think you need to reread what I wrote in connection with disqualification. I didn't say Judge Crow was disqualified.

    Thank you for commenting.

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  14. DLS, I'm thrilled with that information! That is happy news. :) Thank you for taking time to post it here for me and the readers to see.

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  15. Cherish Lewis is ordered to be in court on the 30th with the child or face what she faced the first time..

    JUDGMENT ENTRY: IT IS THE ORDER OF THE COURT THAT DEFT,
    CHERISH LEWIS IS TO APPEAR ON 3/30/10 AT 11:00 AM BEFORE
    JUDGE FREDERICK W. CROW, III. IT IS FURTHER ORDERED DEFT IS
    TO APPEAR WITH THE MINOR CHILD, JAELYN AND WITH HER OWN
    COUNSEL. FAILURE TO APPEAR AS ORDERED MAY RESULT IN A
    WARRANT ISSUING TO THE SCIOTO CO SHERIFF'D DEPT FOR YOUR
    IMMEDIATE ARREST, FAILURE TO APPEAR IS A SEPARATE VIOLATION
    OF THE COURT'S ORDERS AND MAY RESULT IN ADDITIONAL FINES AND
    OR JAIL SENTENCES. COSTS OF THIS ACTION WILL BE ASSESSED
    BY THE COURT AT THE HEARING ON 3/30/10.

    So while she may have been able to play the 'conflict' card the first time-she has not excuse this time.

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  16. Anonymous of March 17? Why have you posted all your comment in capital letters? Do you scream at your family the way you screamed at the author of this blog? If so, I pity them.

    This is just a blog and the author has a right to her opinion on this case the same way you do. Why not be grateful other people not related to the case care about Jaelyn's safety and future too and stop screaming at them for writing about it?

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  17. I did not post in caps, I copy/pasted from the court sockets so no one could claim anything was doctored.

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  18. A link would have served well the purpose of your comment. The site not only shows the court date of the 30th but all the other dates of previous hearings. And exact wording of the order to appear. So people can claim it was doctored all they want, just as some have done before with the supreme court documents, but the files prove otherwise.

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  19. Very good point- I as inconsiderate of not posting the link.

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  20. This comment has been removed by the author.

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  21. I am praying when the hearing on the 30th takes place something productive happens in this case. I have read of too many cases of child abuse not to give all the evidence of doctors, cps and LE officers in this case serious thought as I make my 'outsider' mind up with the whole situation. First and foremost, I am on Jaelyn's side. And I do feel Cherish is the parent who should retain custody.

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  22. Did you also know that Cherish was dealing pills out with her former boyfriend on 7th Street of Portsmouth while she had Jaelyn (May of 09)? Did you also know that Cherish selfishly chose drugs over her baby several times? She NEVER had Jaelyn, because the child has been raised by Cherish's mom/sister. Cherish is delusional. I've known her for several years. I KNOW what kind of person/mother (or there lack of) Cherish is. If what you're saying about Steven is true, than I don't think that Jaelyn should be with either parent.

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  23. Anonymous I see comments cheapening Cherish on forums but I have never seen proof of anything showing the allegations have any truth to them. Where is your proof?

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  24. This comment has been removed by a blog administrator.

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  25. Hello all, Jaelyn has been turned over to her fathers care. To be with family that cares about her well being.

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  26. Any man can be a father. It takes someone special to be a dad. I hope Jaelyn is back with the family who cares about her well being soon. Cherish and her family.

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  27. Amen! Justice was sought and it prevailed! Cherish is swimming in a sea of karma! Jaelyn is going to be home and finally safe and happy! Praise Jesus!

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  28. My hope and prayer is that one day, soon, Cherish and her family will find peace and comfort with Jaelyn back in their loving care.

    May God bless and keep them as they continue the battle for Jaelyn and what's right for her.

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    Replies
    1. http://www.portsmouth-dailytimes.com/view/full_story/22027432/article-Scioto-County-residents-among-44-indicted-on-drug-charges

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  29. Update.... www.Portsmouth-dailytimes.com/view/full_story/15969128/article-Cherish-Lewis-facing-burglary-charges

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  30. http://www.portsmouth-dailytimes.com/view/full_story/22027432/article-Scioto-County-residents-among-44-indicted-on-drug-charges

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  31. The Father was always innocent. Jaelyn is good and well living with her father. Cherish abused the system and manipulated the Justice League and other idividuals. Maybe they should have done more research before the decided to go after a father who was protecting her from a crazy mother. Now she has been arrested twice since then and the charges have been stacking up. She is facing prison time for drug trafficking and theft/fraud.

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