Case shows complexity
 The Department of Human Services became involved with his family in 1998 after the younger son was born with heroin in his system. A judge ended the mother's parental rights and gave the father custody with specific orders that he not let Mom visit her sons.
 About a year later, the boys' mom started calling, swearing she was clean and begging to see her sons. The father repeatedly refused until early May, when he was hospitalized to have a kidney removed and said he couldn't find anyone to care for the boys.
 On May 10, a caseworker picked up the boys outside a motel after one of them told a passer-by "Mommy's dead." The mother had overdosed on heroin but was alive.
 The boys were placed in foster care, where they remain pending the outcome of their father's termination hearing.
 The father received a court-approved treatment plan spelling out goals that he'd have to meet to be reunited with his sons. Among other things, he was required to see a therapist, attend supervised visits with his boys, hold a steady job and attain suitable housing.
 At the termination hearing, a DHS caseworker testified the father missed eight of 20 visits with his sons and skipped his therapy sessions, leading the caseworker to conclude his kids aren't a priority.
 The father, who works as a bartender and waiter, said he missed the visitations because of his job, which requires odd hours that change weekly. He says the DHS treatment plan set him up for failure by requiring he hold a steady job but then scheduling visits when he was supposed to work.
 Pettigrew, the lawyer, said DHS often sets unrealistic expectations in treatment plans.
 Others don't see it that way.
 State and federal child-protection laws lean heavily toward parental rights, said Trudy Strewler, executive director of Court Appointed Special Advocates, a group that represents kids and makes recommendations to judges in the most serious child abuse, neglect and custody cases.
 Strewler dismisses the idea that the child-protection system lacks checks and balances.
 "Our judges are always holding caseworkers' feet to the fire to make darn sure the department gave the family every opportunity to succeed," she said.

"You always have to err on the side of safety of the child," she said. "If a parent has to deal with an awful system for a while, they're not going to die.
 "They may not like it, but they're not going to die."

UPDATE: Jen has worked hard and long to take this wrongful
death of her little daughter, Aaren, to task in court.
On August 28, 2000 she and Dale filed the following
pro se lawsuit in US District Court in Denver, CO.
The outcome is yet to be determined . . . . .  
 

IN THE UNITED STATES DISTRICT COURT


     FOR THE DISTRICT OF COLORADO


Civil Action No:
Jennifer Dunn, Nadine Dunn, a minor child
through her mother,Aaren Dunn, a minor child
Deceased through her mother, and Dale Abernathey, Common Law Husband,


                   Plaintiffs, pro se


 v.


 Bill Owens, Kenneth Salazar, Marva Livingston Hammons,
The State of Colorado, El Paso County,
David Berns, Lloyd Malone, Barbara Drake,
Colorado DHS, El Paso County DHS,
Court Appointed Special Advocates of El Paso County,
Ann Beckerman, Trudy Strewler, Mittie Pedroza,
Claire Hicks, Robert Dunn, Rita Canafax,
Heather Gerba, and Aubrey Moses,
                                            
Defendants,

CIVIL COMPLAINT & JURY TRIAL DEMAND


I.                  JURISDICTION
  


A.


This case comes to this court because the Defendants violated Plaintiffs constitutionally protected rights pursuant to 42 USC � 1983.


B.


This wrongful death action comes before this court because all state remedies have been exhausted.


C.


This case is being brought squarely on the Constitution and laws of the United States Pursuant to BELL v. HOOD, 327 U.S. 678 (1946), therefore this case must be heard by this court.  Further, "No higher duty rest on this court than to exert its full authority to prevent all violations of the principles of the Constitution."  DOWNES v. BIDWELL, 182 U.S. 242 (1901).


D.


This case raises several federal questions pursuant to 28 USC � 1331.
II.               COMPLAINT
  
A.


Defendants Berns, Malone, Drake, Colorado DHS, El Paso County DHS, CASA, Beckerman, Hicks, and Canafax, placed Plaintiff Aaren Dunn in the custody of Robert Dunn, against repeated protests by Plaintiffs Jennifer, Nadine, and Aaren Dunn and a witness Theresa Selfe.  
On the 26th of June, 2000, Defendant Dunn did sexually assault, stab seven times, and tried to decapitate Plaintiff Aaren Dunn, resulting in her death.  
 
 Plaintiff Nadine Dunn witnessed Defendant Dunn sexually molest the seven year old Plaintiff Aaren Dunn, on June 26th, 2000.  Being only seven, Plaintiff Aaren Dunn stood no chance.  Plaintiff Nadine Dunn feared for her life upon seeing Defendant Dunn with a knife, and ran away, unable to help her sister.  Plaintiff Nadine Dunn will bear eyewitness to this.


Prior to the murder on June 26th, 2000, there was a phone call made by therapist for Aaren Dunn, Nadine Dunn and Robert Dunn; Kathy Varrone to the Robert Dunn residence.  The Plaintiff girls reported to Kathy Varrone that Defendant Dunn would not let them out to play because "There is a murderer running around outside."  This, and other calls warning of eminent danger were made to El Paso County DHS on February 8, 1999, May 2, 2000 and May 29, 2000.  


Plaintiff Nadine Dunn ran for help, the day of her sister's murder, to Tubby's Turnaround Store, in Manitou Springs, Colorado.  Several concerned citizens called the police for help.  The first police officer to the scene, found Plaintiff Aaren Dunn bleeding and gasping for breath.


B.

All Defendants have failed to establish effective policies to protect Plaintiff children, or directly ignored two warnings of fear of murder and one attempted murder reported by Plaintiff Aaren Dunn and others, EXHIBIT 1.  This proves dereliction of duty and criminal negligence by all Defendants.


C.


The primary actor in this tragic chain of events was CASA worker Defendant Beckerman, in conspiracy with the other Defendants (see EXHIBIT 1).  Defendant Beckerman made perjured reports to the other Defendants.  Although Defendant Beckerman claims to be a volunteer, she is still subject to the Fourteenth Amendment.


 EVANS v. NEWTON, 382 U.S. 296 (1966)


Where private individuals or groups exercise powers or carry on functions governmental in nature, they become agencies or instrumentalities of the State and subject to the Fourteenth Amendment.  P. 299.


Further, Defendant Beckerman terrorized the Plaintiff children by stating that if their father was reported upon; they would go to a foster home.  This allegation by Plaintiff Nadine Dunn was witnessed by MSPD Lt. Leslie, Psychologist Alan Pasternak and Father Duane of the Sacred Heart Catholic Church of Colorado Springs, Colorado

D.


Defendant Beckerman made perjured reports to the other Defendants (see EXHIBIT 1), which was a major contributing factor to this cold-blooded murder.  Defendant Beckerman also accepted bribes from Defendant Dunn that facilitated this murder.  Plaintiff Nadine Dunn will testify to this.  Bank records will have to be subpoenaed to substantiate this bribery.


E.


Defendants Colorado DHS, El Paso County DHS, CASA, Beckerman, Strewler, Pedroza, Hicks and Canafax were criminally negligent in their duties to investigate Defendant Dunn and to prevent this murder, EXHIBIT 1.

F.


Defendants Owens, Salazar, Hammons, The State of Colorado, El Paso County, David Berns, Lloyd Malone, Barbara Drake, Colorado DHS, El Paso County DHS, CASA, Strewler, and Pedroza all have supervisory liability in these crimes.  If these Defendants deny their supervisory liability, then they admit to their dereliction of duty, criminal negligence, and deliberate indifference to the citizens of Colorado and the Plaintiffs.


G.


Plaintiff Nadine Dunn DEMANDS that her right to give testimony in this matter be observed.  In the spirit of 42 USC � 1985.  "1) Minors, like adults have a fundamental right of free expression."  Nunez by Nunez v. City of San Diego, 114 F3d 935 (9th Cir. 1997). "Access to courts is a fundamental right of every citizen." WHISMAN THROUGH WHISMAN v. RINEHART, 119 F3d 1303 (8th Cir. 1997).


H.


Defendants Gerba and Moses, on behalf of El Paso County DHS, tried to obstruct justice, conceal evidence, and interfere with Plaintiffs' rights to petition the courts for redress of grievances.  Note missing pages and whited-out areas of EXHIBIT 1.  Defendants Gerba and Moses plead the Nuremberg defense for not making full disclosure, claiming the color of state law.  


I.

All Defendants except Defendant Dunn, did violate Plaintiffs' right of privacy.  To add insult to injury, they created perjured records and destroyed other records.  U.S. District Court Judge Willey Daniel ruled that "the Colorado Children's Code does not override the Fourth Amendment" in case of Martinez v. Pueblo Police Dept.


QUESTIONS:


Under the color of what federal or Colorado law does the State of Colorado and the Colorado DHS have the right to: directly, indirectly or by conspiracy, murder a child?


Under the color of what federal or Colorado law does the State of Colorado and the Colorado DHS have the right to: directly, indirectly or by conspiracy, interfere with family rights?


The Colorado Children's Code stands challenged as unconstitutional.  A separate brief will be filed detailing these arguments.


III.           Relief SOUGHT
  
A.   COMPENSATORY DAMAGES
  
All Defendants shall share in paying all medical and counseling bills directly arising from these crimes and Constitutional depravations.  All Defendants shall share in paying $680.00 outstanding burial expense.

 

Defendants will repay all child support paid in El Paso County Case No. 99 DR 748 because the money was used to murder and to fuel Defendant Dunn's deviant life style, EXHIBIT 2.


B.   Punitive Damages
  
Each Plaintiff prays for $5,000,000 from each named Defendant for murder, violation of family rights, freedom of association, and the right to Life, Liberty and the Pursuit of Happiness.


C.   INJUNCTIVE RELIEF
  
Defendants Berns, Malone, Drake, Beckerman, Strewler, Pedroza, Hicks, Canafax, Moses, and Gerba shall be permanently restrained and enjoined from any form of social work or government employment paid or volunteer.  
The State of Colorado shall be compelled to place Defendants Owens, Salazar, Hammons, Berns, Malone, Drake, Beckerman, Strewler, Pedroza, Hicks, Moses, and Canafax on their Central Registry for child abuse.  This is necessary to prevent reoccurrence of this type of crime. "Injunctive relief is appropriate in cases involving challenges to government policies that result in a pattern of constitutional violations." WALTERS v. RENO, 145 F3d 1032 (9th Cir. 1998).


 MACKENZIE v. CITY OF ROCKLEDGE,


 920 F3d 1554 (11th Cir. 1991)


"Unequal application of state laws may violate equal protection clause."


"Unequal application of state laws may violate equal protection clause."


CENTRAL AIRLINES INC. v. US, 138 F3d 333 (8th Cir. 1988)


"Equal protection clause prohibits government officials from selectively applying law in a discriminatory way."  
 
 D.   DECLARATORY Relief
  
Defendants Owens, Salazar and Berns shall be compelled to publicly confess to dereliction of duty, criminal negligence and deliberate indifference to the lives and rights of the citizens of Colorado.


AFFIRMATION
  
We, Jennifer Dunn and Dale Abernathey, sovereign, de jure citizens of the Colorado Republic and of These United States; hereby do swear, declare and affirm under the penalty of perjury, of the laws of The Colorado Republic, The United States and These United States of America that:


We are not lawyers or paralegals and that this is, our best effort to form a valid civil complaint.


Our knowledge of the law is confined to high school civics and independent study.


AND:


That to the best of our knowledge and belief, the foregoing is true and correct.

_

________________________________ Dated: August 28, 2000  
 
  
 
 The Associated Press

DENVER -- Colorado Springs had the second-highest violent crime rate among Colorado's large population centers in 2000, surpassing even Denver.

Overall, violent crime in Colorado dropped slightly in 2000, with a sharp decrease in the murder rate, the FBI reported Monday.

The FBI's Uniform Crime Report, based on data from 17,000 law enforcement agencies nationwide, said there were 171,304 serious crimes reported in Colorado last year, for a rate of 3,982.6 crimes per 100,000 people. The state had 4.3 million residents last year.

That rate was 2 percent lower than the 1999 rate, reflecting declines in the rates of murder, rape, robbery, burglary and larceny.


Statewide, the FBI said there were 14,367 violent crimes, or 334 per 100,000 people, down from 340.5 per 100,000 people in 1999. There were 156,937 property crimes for a rate of 3,648.6 per 100,000 people, down from a rate of 3,722.8 the previous year.


The largest rate decline was in murders, with 134 in 2000 for a rate of 3.1 per 100,000 people, or about 32 percent lower than the year before, when there were 185 murders, or 4.6 per 100,000 people.


The rate of forcible rape fell 0.4 percent to 41.2, robbery fell 6.4 percent to 70.5, burglary fell 5.2 percent to 630.8 and larceny fell 2.6 percent to 2,623.5 per 100,000 people.


 

There were 16,961 motor vehicle thefts for a rate of 394.3 per 100,000 people, an 8.1 percent increase from 1999.


Among the state's largest population centers, the Grand Junction area had the lowest rate of violent crimes at about 201 per 100,000 people, followed by Fort Collins-Loveland at 233, Greeley at 350, Denver at 356, Colorado Springs at 391, and Pueblo at 702.


The lowest rate of property crimes among the population centers was 3,352 in Fort Collins-Loveland, followed by Pueblo at 3,668, Grand Junction at 3,709, Colorado Springs at 3,802, Denver at 3,917 and Greeley at 4,131.


The lowest murder rate among those areas was 1.6 in Fort Collins-Loveland, followed by 2.3 in Greeley, 3.6 in Colorado Springs, 3.8 in Denver, 4.1 in Pueblo and 4.9 in Grand Junction.

source: gazette.com