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2/23/03 Transcript of audiotape of Damon talking about incident in his top bunk 4/03 DV Judge Hightower issued a Temporary Restraining Order and continued it There is more than a small amount of evidence to indicate that the father may have molested the youngest child. [Reporters transcript of proceedings, April 1, 2003, Lodged 4/24/2003.] The case was suspiciously transferred into Family Court from DV Court where it was treated as a custody case instead of a DV case (Eric filed for full custody after Damon reported the abuse). 4/03 CPS Report When asked if anyone has ever touched Damon in a way that makes him feel uncomfortable, he stated yes. He stated that during the last weekend visit (weekend of 2/22), the father came into their bedroom in the middle of the nightHe stated that his father had a metal and was waving it up and down his back, which really woke him up. He stated that his eyes were open and could see his father. He stated that he hit him softly with it against his back. He stated that the metal thing lasted 7 seconds. He did not state why he was countingDamon felt something moistHe stated there was a lot of movementHe said I felt moisture on my skin. It felt like water. Damon appears to be confused about the incident. He expressed feeling uncomfortable. [Eric refused to be interviewed by CPS so there is no response by him in their report. In fact, they said they were closing the case because he refused to speak with them.] 4/03 Chadwick Center Report In response to this interviewers questions, Damon explained that when he spent the night at his fathers house he felt something like metal scraping on his back. He said that this hurt and lasted for 7 seconds. He said that his father was in his bed, and that he also felt his fathers hands, indicating his head. He described feeling the scraping on his skin, and said that it stopped hurting after the 7 seconds. He said that he then went back to sleep. 4/03 Police Report When he [Damon] spent the night at his fathers house he felt something like metal scraping on his back. He said it hurt and laste for 7 seconds. His father was in his bed, and he felt his fathers hands on his headOn March 4, 2003, I spoke with Eric on the phone. Eric denied touching Damon inappropriately and agreed to take a polygraph on March 5, 2003, at 1430 hours. [He failed that.] Eric asked for additional information on Damons disclosure. I told him Damon felt something hard, like metal being waved up and down his back. Damon felt his fathers hand on his head and described a heavy breathing sound.

Damon does not remember Eric taking him to go shi shi in the middle of the night. Damon said he doesnt call urinating shi shi he calls it going #1. Damon did not have to go #1 in the night. [This convinced the detective that Erics story about the hard/metal thing being the bedrail was not true.] [Despite the fact the DV judge, CPS and detective did not believe Erics explanation, he was still given unsupervised visitation by Judge Smyth when it was transferred into family court.] The detective did not make any attempt to get physical evidence like the sheets or computer, despite the fact that Damon said the incident got him wet and Cindy had reported catching Eric with child porn, which he did not deny. Detective Cindy Brady said that she had more important cases to deal with. 4/03 Police place Eric on Child Abuse Central Index 4/03 Letter from CPS strongly recommending supervised visits CPS letter confirming that the incident in the top bunk was reported and corroborated by Damons 9 year-old brother and that supervised visitation was strongly recommended. It confirms that the case was closed due to Eric not cooperating with the investigation. Judge Smyth ignored CPS and immediately ordered unsupervised visitation without having done the investigation mandated by law. When informed that Eric would likely threaten Damon into silence about the abuse, he merely commented that Cindy could threaten him too, which of course makes no sense. And, of course, Damon told later that indeed his father did begin to threaten to kill him at that point. 5/03 Cindys Motion to stop unsupervised visits from resuming He [Damon] told me [Cindy] he felt the metal thing in the daytime too. I asked him where and he said in the room where they play video games. He said he would lay on the couch on his side and his father would be behind him. I asked him if there was any place else he felt the metal thing and he said in his fathers bed. He said he felt it about three times a night every night that he slept with his father, which was every night he stayed over with him. These reports of abuse were completely ignored by Judge Michael Smyth, who would only ever speak of the first incident. (This led to the next judge, Judge Alksne, marveling at how one incident of abuse before hiding could turn into four hundred after. She did not bother to read the file or listen to Damon.) 9/03 Damon disclosed abuse to psychologist Dr. Williams at the Chadwick Center [This was covered up, so there is no record in the court file, but it should be available from the Chadwick Center.] Damon disclosed that he was being abused to Dr. Williams of the Chadwick Center, who said that she wanted to continue to see Damon to get more information about the abuse. Cindy was told by minors counsel, Terry Chucas, that if she brought Damon back to Dr.

Williams she would lose custody and that if she did not accept the abuse did not happen she would lose custody. 1/04 Cindys Declaration under oath with many places Damon told her he had been abused Some of the places Damon had said he had been abused: At his grandmothers in Salinas, CA, his grandfathers in Palm Springs, CA, his fathers bed at Scripps Ranch, San Diego his fathers lap in various placesincluding during supervised visitation, on the couch while watching TV and video games, standing up at his fathers condo, on the walkway of his fathers condo, in his top bunk in his fathers new condo, in the Taxi, park and Science Center during supervised visitation. 1/22/04 Transcript of hearing before Judge Smyth I do not find that I have sufficient evidence to find that it did not, in fact, occur. (i.e. Smyth is finding that the abuse may have occurred. He only ever said there was insufficient evidence. But later Judge Alksne and Judge Goldsmith misquote Smyth as having found the abuse did not occurintentionally lying about it to justify not doing a proper investigation or having an evidentiary hearing and giving custody to Eric.) Im not finding they [Cindys questions to Damon of the first incident] were intentionally leading. I dont find that there is substantial evidence that the Petitioner reported this incident of alleged sexual abuse with the intent to interfere with Respondents lawful contact with the minors in this case (i.e. Smyth found that Cindy did not coach/alienate Damon to report abuse.) Smyth finding that Erics explanation of the first incident was not credible: His (Erics) position has been pretty consistent. I havent, from the beginning, found all of it to make that much sense or to be that, on its face, believable. And what Im Im not suggesting you were lying, sir, but as far as like the explanation of what might have occurred that night, it didnt all make sense to me. It sill doesnt. The idea that you were taking a six year old out of bed three times each night to go to the bathroom out of fear that hes going to wet his bed doesnt seem reasonable to me, doesnt seem like a likely thing for a parent to be doing with a six year old. And if that was occurring with such regularity, it would seem likely to me that the kids would be aware of it when interviewed, and they didnt seem to have any knowledge of being taken out of bed for that purpose that night and, as far as I can tell, any other night. It would have made sense to me that you wouldnt have any idea what hes talking about and that hes a six year old sleeping. Anything could have happened. Six year olds are strange little critters that, in their sleep, think of things and dream of things and wake up thinking something happened that didnt. And that wouldnt surprise me at all. In fact, I think thats probably what happenedwhatever they were referring to was probably not you taking them to the bathroom.

And the detail of Damons description of what happened, to the extent its to be believed its actually happening, isnt really consistent with someone lifting him over a rail. That would be an explanation if you were trying to find one, you know, if you have done that once. But it doesnt really make sense, him laying there, counting seven seconds while hes feeling some pressure on him. It doesnt make sense. Its not consistent. It may just be a result of you trying to find something that might have occurred that would explain it, when maybe there just wasnt an explanation for you to have about it. ADD IN SMYTHS THREATS 5/04 Smyth refuses to make an order prohibiting Eric from sleeping with Damon after Damon reported (and it was confirmed by his brothers) that Eric was still making Damon sleep with him, causing him much distress. Smyth said that a father has a right to sleep with his son, even though Damon was 7 years old (and after a year of molestation allegations). 10/7/04 Damon reported abuse to his teacher and principal, who called the police. The detective again tells Cindy that she has more important cases and does not have time to investigate Damons new disclosures. 11/4/04 Minors Counsel Terry Chucas Reportmore disclosures of abuse p. 3 Damon made statements to his current third grade teacher, Ellen Warren, to the effect that he was sexually molested. Ms. Warren, as a mandatory reporter, contacted the authorities. p. 4 He [Damons oldest brother] told me that he only wants to see the father on a supervised basis. When I asked him why, he told me it was because the father had sexually molested Damon. In response to the question of what made him believe this, he told me that he had seen Damon jumping up and down on the fathers lap while they were playing a video game and that Damon had told him that he had felt the hard thingHe told me that Damon had told him, Ryan and the mother that the father had on multiple occasions sexually molested Damon when they slep togetherI specifically asked Evan if the father was sleeping with Damon since he slept with him in late January or early February of 2004. The answer was no. [Oldest brother] told me that he no longer sleeps with Damon which he was previously doing, but he sleeps in the same room with Damon when they visit the father. P. 5 Damon told me that he does not want to see his father and that he would run away if he was forced to have any contact with the father. He told me that he is afraid that the father would do the hard thing to him. He told me that the father had done the hard thing to him on multiple occasions in multiple locations. He told me that it happened in his grandmothers house in Salinas when his father slept with him. He told me that it happened five or six times a night that these were distinct times each night. He also told me that he felt the hard thing when the father lived at their condo prior to moving to the new home. He told me that he felt the hard thing every night, five or six times, and every night on one occasion he felt the wet stuff. p. 6 Damon wonders why nobody will believe me.

p. 7 Damon in particular was manifesting symptoms of severe stress. He routinely would curl himself up under the teachers desk in a fetal position. p. 9 My recommendation is that the Court remove the children from the mother and that she have no contact with them for at least 90 days. The children are going to have to become involved in counseling/therapy with a new therapist. [deprogramming] 11/5/04 Cindy and the boys go into hiding 12/04 Damon has flashbacks and tells about more abuse in many places. 11/07 D.A. dismisses charges of abduction saying there was enough evidence (after only reviewing old documents) that Cindy had good reason to go into hiding. D.A. Dumanis and Judge Alksne McKellar promise a thorough investigation and to listen to Damon if they came back from hiding. 2/08 Cindy returns from hiding with the boys under the condition that the boys will only be away from her for about two weeks while Damon tells a psychologist, Dr. Dess, about the abuse. It was a lie. They were never returned and Cindy remained on supervised visits for more than three years. 2/08 Damons declaration w/disclosures 2/08 [Middle childs] declaration 2/08 [Oldest childs] declaration 4/08 Chadwick Center Report excerpts (cannot link to document as it is considered Confidential) [Judge Alksne prohibited anyone from seeing the videotape of this interview despite the report requiring it: This report is not intended as a substitute for viewing the entire videotape. Alksne would not even view it herself before making her finding that there was no credible evidence.] Damon reported that he felt the hard thing plenty of times on his back, of the nights he was at his dads house, over a years time. He recalled the first time as occurring when he was visititng his Grandmother Julies house in Salinas, CA with his father and brothers. [Older brothers] were sleeping on the couch and Damon and his dad were sleeping in the bed. Damon indicated that he really didnt remember much aobut this because he was only 4 years old, but it was dark and something was on top of him and was heavy. He does not know what was on top of him, but he felt the hard thing on his lower back. He did not know if the heavy thing was a person or not, as he did not see anyone/anything. Thereafter, Damon reported that the hard thing would occur in all three of his dads houses, which he referred to as the old condo, the new condo, and the house. He thought that it happened like 80s times in each place. At the old condo, Damon reported that the hard thing would occur in his dads bed. He slept with [older brother] in his room; however, his dad would come into his room, take him from his bed/room, and take him to

his (dads) room/bed. When attempting to get additional information about this, Damon reported I dont really remember much from the old condo. In regards the new condo, Damon recalled several aspects of the layout of this condo, to include it having a two-sided fireplace, several stories, and that he slept upstairs with [older brother], and across the hall from his dads room. He slept on the top bunk and Ryan on the bottom bunk. In regards to the house, Damon indicated that he recalled that best because he was older. He shared a room with Ryan in the house, too, though they no longer had the bunk beds, but instead, 2 individual beds. He reported how his father would come into the bedroom at night, take Damon up two flights of stairs by holding or pulling his hand, and into his bed, the closet, or the shower, where the hard thing would happen. When in the closet, his father would do it standing up. Damon would be facing against the wall and his father behind him. Damon indicated that his father would then rub his penis up and down my back. Damon was asked if anything happened to his clothes when this occurred. He responded I am pretty sure theyd sometimes get wet, but not very often, because Id get wet. He didnt have his shirt on at the time, just his underwear, because his dad would take his shirt off. He normally slept in his pajamas though he couldnt recall how they got off. Sometimes when he put his clothes back on, theyd get wet too. Usually by the next morning, the wet would by gone, probably dried up. Damon denied that he ever saw what the wet was or what it looked like. In regards to the shower, Damon reported that his dad would take him in the shower, with no water running, with Damon facing the wall and his father behind him, like the closet. He would feel the hard, warm hurting go up and down his back. Damon thought that the hard thing also happened sometimes in the beer cellar, while against the wall, as described above. When asked where his dads hands were when this was going on, Damon wasnt sure. I think he put his hand over my mouth a couple of times to stop me from yelling. I think I tried to yell a couple of times. When asked if Damon ever saw his dads penis he said I might have. He then went on to say that he thought that hed seen it once in the past because he had a picture of it, though he didnt know how he saw it or the context in which he saw it. He just remembered that it was really hairy because he didnt have any hair. Damon was unsure what if anything would happen to his dads clothes when the hard thing would occur. Likewise, he didnt know what his dad would have on when he led him to his room. Damon further reported that hed feel the hard thing both when he sat on his dads lap and when in line for wall ball. One time specifically, he was in line for wall ball at the new condo and his dad was behind him. Others were playing, to include [older brother]. His dad stood behind him and rubbed the hard thing on him by lifting up his shirt, though he wasnt leaning on anything this time. Damon reported that lots of times when he was sitting on his dads lap, hed rub the hard thing up and down his back. It would be his lower back and his dad would bounce him so that he could do it better. He may be sitting on his dads lap while watching a movie of just sitting on his lap in the living room. Finally, Damon reported that the scariest time the hard thing happened was when his father took him outside to the canyon in the nighttime. The kids had a club or fort there, where theyd cleared the brudh. His dad made him lay down in the dirt, sticks and twigs on his stomach and his dad was lying on his (Damons) back. The thin that made it the scariest was all the animals, like snakes and spiders, which would come out at night.

Damon thought that they were down in the canyon for 2-3 hours and that his dad abused him the whole time. Damon denied that his dad ever said anything when the above incidents were going on. He further denied that he heard anything, like noises or sounds. He thought that he said something to his father, though couldnt remember what. He knows he said something. He couldnt recall what the punishment was. Damon denied that he ever asked what the hard thing was. Damon denied that he ever asked him. Damon reported that sometimes he didnt want to go with his dad, so hed hide (didnt remember where) before his dad would come into his room. As punishment, his dad would put him outside and wouldnt let him in until like 4 a.m. and hed freeze outside. He knew this was a punishment because it would happen every time he hid. He denied that his father told him so or said anything as such, but rather, that it was probably an inference I made. Once his father would let him back in, Damon would go to his bedroom and go to sleep for the next few hours. He denied that his dad would do anything to him then. What cannot be ignored are the concerning details that Damon did provide to include multiple incidents, in multiple, detailed locations, the punishment technique Damon indicated his father used when hed hide from him to avoid the abuse, the specific, scariest incident that occurred in the canyon, and his fathers threat to kill him if he told. It is the belief of this evaluator that Damon truly believes that he was sexually abused by his father. This evaluation was videotaped in its entirety. This report is not intended as a substitute for viewing the entire videotape. [Judge Alksne would not allow anyone to view it, despite many requests, and to this day, nobody, including the judges have seen this videotape. Despite that, the judges still say there is no credible evidence.] 7/6/08 730 PSYCHOLOGICAL EVALUATION/REVIEW OF MOELTER FAMILY MATTER, INCLUDING ALLEGATIONS OF SEXAUL ABUSE by Dr. William Jay Dess (cannot link to document as it is considered Confidential) p. 2 The mother elected to return [from hiding] with the children with the understanding that a new evaluation of the matter would be conducted. p. 11 [At the interview of 2/5/08] Damon indicated it was his belief that the father did it every night while he was with him. He noted that the father would lay on his back and that especially when I was little, it felt like my spine was going to break. He noted hed rub his penis up and down my back it didnt hurt at first, then it started hurting more and more (as time went on) He denied that his father ever asked him to touch his penis and when asked whether he had ever seen his fathers penis, he stated that at first I though it was metal. He stated that his father would abuse him at night and during th day. He believes that he would molest him when he was sitting on his lap and he would do it in other places, such as in movie theaters, various places within the home, and even times when driving when a supervisor was present. Damon indicated that his father would threaten him, hed threaten me, he said he would kill Mom or one time, me one time he said he would kill my pet hamster if I told anybody about the abuse. One of Damons stories was particularly interesting, as has previously been reported in documents, of him having been abused in the canyon behind his fathers home. Damon indicated that he was scared of snakes and stuff. Indicated he was barefoot, and noted that his father brought him into a clubhouse the boys had

apparently found or made in the canyon. He stated that he laid down on the ground, he was naked, it was cold, and his father abused him there. Significantly, Damon indicated that his father made him take his clothes off and that he walked to the canyon without any clothes on. P. 12 Given that Damon had indicated to previous investigators that he felt wet at times, the undersigned made inquiry into this area, attempting to be a vague and non-directive as possible. The undersigned asked if Damon had ever felt damp during these alleged episodes with his father. Damon replied sometimes he peed on me, but he might get up to go. When asked what this dampness or wetness smelled like, Damon indicated that it smelled like pee. When asked who he would get the wetness or dampness off of him, Damon replied I wouldnt, I just put my clothes on itd soak in. When asked what it felt like on him, he replied it felt like liquid and was warm kinda like warm water. I remember seeing his penis because I remember it was hairy and that was weird because I didnt have hair. Damon was then asked to draw a picture of what appears to be a penis hanging down with scribbles for hair at the base of the shaft. p. 13 Significantly, Damon reported that there were many nights where the father would lock him out of the house for hours if he did not cooperate, and several occasions where the father allegedly molested him in the pool or, at least on one occasion, threw him into the pool in a sleeping bag where he thought he would drown. What appears significant to the undersigned was that his brothers were present during almost all of the visitations he had with his father and they never heard or saw anything. [Dess was aware that it was the middle of the night when the brothers were asleep.] Reportedly, Damon would be back in his bed in the morning, or nothing was heard or observed in the closets, in the shower, etc. The only observations that the older boys have about what they now believe and assert was sexual abuse was the father bouncing the child on his lap at times. Even the older child acknowledges (approximately 10 years old at the time) that he did not recognize what was going on until his mother explained the facts of life to him. P. 14 Significantly, the older two children believe their brother was molested by their father and appear to use language regarding the allegation, court process and outcome that are well beyond their years. They feel empathy for their brother, having had to endure the sexual abuse as reported and note that their brother now has anxious behaviors as a result of his experiences. The middle child indicated that he regresses a lot, acts like a baby sometimes, makes animal noises, screeching at tiems, and becomes very frustrated when he loses anything. [Middle child] continued that Damon dissociates a lot hes just gone he sits there, slumps, but doesnt fall over. It lasts five seconds to about a minute or two. Most of the time we can get him out of it. p. 15 [Oldest child] noted that his father seemed to be mad about things that were not proportionate to what happened. Evan reported that his brother Damon told him that his father had told Damon regarding the alleged ause its our little secret, dont tell anyone. [Oldest child] referred to his brother Damon as having disclosed to his teacher in October of 2004. [Oldest child] reported that the abuse of Damon got steadily worse as Damon related that his father would take him out in the back yard in a sock, like a sleeping bag, throw him into the pool, abused him there, and hold him under the water. [Oldest child] indicated that he and his brother Ryan were sleeping at the time, but was told that if Damon fought, his father would have him sleep in the back yard, lock the doors, and Damon was very afraid of bugs, spiders, etc. [Oldest child] indicated that Damon did not

tell anyone about what was going on until after they went into hiding. [Oldest child] offered weve seen him recovering from the abuse he most likely has Posttraumatice Stress Disorder. He referred to Damon having flashbacks. Like his brother, he referred to his youngest brother as dissociating the whole time while it was going on not feeling things. When Damon was reportedly locked out of the house at night by his father for two to three hours at a time, he indicated that sometimes he would knock on the door. However, Ryan and Evan were always asleep. When Damon was asked towards the end of the interview why he thought Mr. Chucas may have recommended that the children reside full-time with his father, he replied I dont know, I guess Dads attorney is his friend. Damon believes that his father must have wanted to scare him by throwing himinto the pool and locking him outside at night, and noted that every single one (time) he threatened to kill me. When asked if his dad ever struck or hurt him, he replied that his fatrher would hit him, then lock him outside. He noted hed hit with his fist on my shoulder or my stomach. p. 18 The mother appears sincere in her belief that the youngest child was molested p. 19 The undersigned does agree with Ms. Fortin of the Chadwiuck Center that Damon and his brothers believe that Damon was sexually abused by his father and that it is likely to be potentially emotionally detrimental or damageing to the children to require forced reunification with their father without a therapeutic process in place. p. 21 Until or unless the mother participates in an evaluation with the undersigned or is able to convince the court of her ability to support a reunification effort, it is recommended that she have no contact with the children. It should also be understood that should the mother attempt through various means to communicate with the children, such as emails, friends cellphones, messages or letter that are not authorized, etcl, that further sanctions be imposed. p. 24 [veiled threat] The mother might be helped to understand that the degree to which she is able to engage in the therapeutic process and support the orders of the Court/reunification effort, the more likely it is that she will be able to have contact with the children sooner, rather than later. 7/14/08 Motion for deprogramming camp to coerce boys to recant the abuse 8/08 Testimony of Dr. Dess 6/30/09 Cross examination of Dr. Breffni Barrett, Reunification therapist Dr. Barrett testifies about abuse talked about in reunification sessions p. 81 Talks about porn p. 82 Talks about duct-taping Damon p. 87 The Court has already made findings that we are going to reunify these three children with their father regardless of whether the abuse happened or notThe issue for today was whether or not people are meaningfully participating. And you have not

participated. You need to be focusing on how were going to solve this problem, okay, instead of going over all the incidents of abuse. 9/8/09 Writ to Stay proceedings until FC 3118 complied withDenied without explanation by the Appellate Court Family Code 3118 sets out the minimum requirements to investigate sexual abuse cases. Not one of the six requirements were completed. 11/09 Request to view the Chadwick Center videotapeDenied without explanation 2/10 Writ to Disqualify Judge Lorna AlksneDenied without explanation by the Appellate Court This writ itemizes many things done by Judge Alksne to cover up the abuse 2010 Declaration of Kathy Brown attesting to the fact that she witnessed Damons minors counsel, Gary Plavnick, tell Cindy that he believed Damon had been abused 2010 Appellate Brief 2011 Damons account of Dr. Barretts attempts to get him and his brothers to recant the abuse or to at least put it in the past 10/11 Petition for Rehearing This is a response identifying some of the errors in the Appellate Court decision to affirm Judge Alksnes findings 12/5/11 Damons motion for Emancipation, Judge Smiley in Alameda County Damon states under oath that he was sexually abused and wants to be emancipated so he does not have to live with his abuser. Judge Smiley required that he come in person and had law enforcement there ready to take him away. Damon was too smart to fall for that trick again 3/7/12 Damons custody motion heard by new judge, Christine Goldsmith 6/12 Minute orders from Damons custody motion

Judge Goldsmith refused to hear Damons custody motion as she claimed that there had not been a change of circumstanceas if running away and being in hiding is not a change of circumstance. [She is doing what all judges do: cover for the ones before them.] 8/16/12 Damons Evidentiary Abuse Affidavit

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