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- (505) 319-3486
- P. O. Box 21996, Albuquerque, New Mexico 87154
Father Sues District Court, CYFD, and Others for False Claims of Child Abuse |
Plaintiff Chris Ysias, represented by attorney Richard Valdez, filed a lawsuit in federal court on March 12, 2007 against the following defendants, among others:
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| Unfortunately, attorney Richard Valdez then failed to proceed with the case and began missing filing deadlines for responses to the defendants. Chris Ysias, a father with no formal legal training, then took over the case, fired Valdez, and proceeded with filings. The complaint alleged that in May 2004, Chris' former wife asked him to give up his rights to his son. He refused. As part of a Family Court case with Judge Deborah Davis Walker in the Second Judicial District, Chris and his former wife were undergoing mediation via the Family Court Clinic that recommended a 50% custody plan. (I.e., their son would spend half of his time with each parent.) However, the parents did not agree and they were sent back to the Court Clinic for a Priority Consultation, during which the child was observed with each parent for about thirty minutes. Terry Ashcom of the Court Clinic recommended that the child be placed with mother and that Chris take anger management classes. The claim states that Ms. Ashcom was not qualified to make such a decision. A few months later, Chris asked the Court for an Advisory Consultation with the Court Clinic (the equivalent of a custody evaluation although it is usually not as thorough) to dispute the findings of the Advisory Consultation. It was eventually scheduled for April 2005. Two weeks prior to the date, however, his ex-wife filed a complaint with the police alleging that bruising found on their son was caused by Chris. A restraining order was initiated by Chris' ex-wife. In June 2005 the Court Clinic completed the consultation and issued recommendations. Chris' attorneys subpoenaed Diann Shepard, the court clinician, but she failed to appear. Chris subpoenaed the Court Clinic's results of his psychological testing. Diann Shepard filed a Motion for Protective Order. Judge Walker ordered her to appear for the deposition, but allowed her to not disclose any portion of her files or notes from the consultation. Chris was then interviewed by CYFD as part of an investigation. Jennifer Lyn of CYFD and Detective Brian Link of the Rio Rancho Police Department conducted the interview. Ultimately, CYFD recommended that Chris and his son have supervised visitation only. In addition, it recommended that he undergo a psychological and neuropsychological evaluation, take intensive parenting classes, that he learn how to parent children with special needs. CYFD also recommended Chris' participation in a domestic violence group for about a year. Although a Guardian ad Litem was suggested, one was not appointed. Chris complied with all CYFD recommendations and completed all courses. Chris' attorney subpoenaed CYFD for the evidence used as the basis for all the recommendations, but CYFD refused to comply. It also refused to allow Chris to inspect the file (as is provided for by state law). CYFD defied an order by Judge Walker to release the results of its investigation. The investigation results were subpoenaed, but CYFD did not show up for the deposition during which the results were supposed to be provided. Finally, CYFD allowed Chris and his attorney, David Standridge, to review their file. CYFD, after much persuasion, finally agreed to provide copies of the file to Chris and his attorney. The (civil) trial in the case occurred from January 25-30, 2006. CYFD employee Jennifer Lyn's supervisor testified that he did not ensure that CYFD procedures were followed in this case, that CYFD relied on Chris' ex-wife's statements to decide on the restraining order, that the CYFD recommendations were extreme, and that he could not explain why recommendations for so many actions were made (e.g., parenting classes, anger management, neurological evaluations, etc.). Chris' ex-wife's complaint that he was abusing their son was made in April 2005 to the Rio Rancho Police. No arrests were made, but five months later in September 2005 Chris was charged with child abuse. A criminal case ensued. During the criminal trial, Defendant Brian Link, the Rio Rancho Police Department Detective, testified that he only conducted one interview and that he did not follow proper investigative procedures in the case. He also admitted that he did not have enough evidence to obtain a warrant for Chris' arrest. The jury found Chris to be "not guilty". The claim states that Assistant District Attorney Carlos Elizando committed the offense of malicious prosecution when he pursued charges of child abuse against Chris without sufficient evidence. According to the Rio Rancho Police, there was not enough evidence to arrest Christ, much less to charge him with anything. |
| last updated on
September 19, 2008
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