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