Pictures, Phone Bill and Documentation can be provided:
I have been in constant contact with the Hillsborough Sheriff Department and the Florida Department of Children and Families. The Child Protective Investigation unit, under Lieutenant Rivas, has done nothing to investigate the following matter. They claim to have conducted an investigation. However, they were unaware that my son's mother is again in a drug rehab. Prior to this, I spoke with investigator who accused me of false reporting and then hung up. I immediately called internal affairs. The agent called back minutes later. She asked for my address, so that my home could be inspected by DCF. I asked her under what authority she was entitled to do this. She claimed that it was under Chapter 33 of the Florida Statutes. Chapter 33 pertains to corrections. When I asked about the procedure for a well check, she stated that she did not know because she was not a law enforcement officer.
When Richard Luger of DCF came to my home, we spoke at length about the situation. I provided him with the criminal record of the home in which my son resides. He stated that has been trying to get in touch with Hillsborough Sheriff Department CPI. He stated they have not returned his calls. He also claimed that Hillsborough CPI advised him to bring a law enforcement escort because I am a former law enforcement officer and therefore dangerous. After that date, I attempted to contact Richard Luger when my son's mother was missing for the second time. I left six messages. He never returned my calls.
I called Richard Luger again when Amber Smith contacted me from the drug rehab facility. By chance he answered. He stated that he had no success in contacting Hillsborough Sheriff CPI. He then stated that I would have to call someone "over there". After my questions as to the requirements of his job, he said he would make some calls. As of the date of this letter, he has not returned the call.
They now claim that drug rehab is considered a medical process and out of their investigative capability. Why was it not discovered that Amber Smith was using drugs during the investigation? Richard Luger stated that Hillsborough County Sheriff CPI is a subcontractor. What are they getting paid for?
Drugs, recent cocaine related arrests and links to a registered sex offender are insufficient for the state of Florida to remove children from a home when those in question are Caucasian and the person reporting the activity is Hispanic. This is especially true when taking into consideration that other children have been removed by the state from the same home. This will be the fourth time the mother has been in rehab as well as multiple arrests for heroine, cocaine and marijuana possession and use. The fact that my two year old son was in contact and living in a mobile home with the mother's friend who was arrested for a cocaine offense during this period was not a red flag to DCF.
Unlike the convicted felons mentioned below, I vote. My vote will reflect your racial and gender bias as well as your lack of action.
This e-mail has a sent date. When my son is murdered, raped or missing I will print it out and make it a goal to forward it, along with your names, to every media outlet in the nation. I will also provide copies of my phone bill, indicating contact with the agencies listed as well as copies of the criminal records of the persons mentioned from public state of Florida websites.
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The first indication that Amber Smith is unable to care for our son was when she did not appear for a hearing I requested [ EXHIBIT E ]. With the hearing officer’s agreement, I allowed her mother to speak in her behalf. I made it clear I would not accept this a second time. Julie Smith claimed that her daughter spent the night in the emergency room vomiting. She stated that she was placed on experimental medication for three months.
Prior to this, Julie Smith appeared to pick up my son. She stated that her daughter was working in a pizza parlor. This was my first call to the Brooksville Police Department (case # 2009-10300). When the officer asked Julie Smith for her daughters work number, she made the claim that it was a new job and she was unaware if the number. On this occasion Julie Smith claimed that she was in the hospital with my son’s great grandmother and was therefore unaware of the name of the pizza parlor. I agreed to the transportation with the clear understanding that the following visit would adhere to the court order. It is clearly written in the report that contact with Amber Smith was not possible. It is my belief that Amber Smith has been engaged in illegal drug use for at least 10 months.
It was because of this hearing that I discovered my son’s change of address. Amber Smith’s address is now 19216 Iverson Road in Lutz. This mobile home belongs to Richard Conway [ EXHIBIT B ]. Richard Conway (DOB 09/30/62) was arrested for solicitation to deliver cocaine on November 22, 2008 (Booking # 08070204). During this period he was in contact with my son as is evident from Amber Smith’s MYSPACE pictures. Julie Smith is aware of his criminal record because she is present in the pictures taken in her home (pictures available).
Amber Smith has a lifelong interaction with crime, criminals and illegal drugs [ EXHIBIT B ]. When she appeared for a visitation exchange with a black eye and the right side of her face swollen, she immediately volunteered that my son threw a ball at her. In another exchange my son had bloody and torn skin between his eyes (pictures available). Because she did not take him for sutures immediately, a doctor could not perform the procedure. Now my son bears the scar. Because Amber Smith does not answer questions regarding my son’s health, I was not aware that he has had seizures. When I ask about our son’s medical care, I am answered with profanities. Her profanities are sent via e-mail (e-mails available) and by direct contact. In what I understand know now was a drug induced state, she began to scream profanities in the Ocala Police Department parking lot on July 19, 2010 (report # 200900119910). On January 18, 2010, I was forced to call Amber Smith from the emergency room at Munroe Regional Medical Center when our son suffered a seizure. I was surprised when she returned my call because she stated again that her phone was disconnected and all contact would have to be through her mother. Not only did she smoke while pregnant, she smokes while our son is in the vehicle. This in turn causes the infection which leads to the fever that induces the seizure. I sent this information to my son’s pediatrician via FAX. The doctor’s office advised me Amber Smith was a “no show” for the first mandatory follow up appointment. She then rescheduled the second appointment. The office called me when she appeared for the third appointment [ EXHIBIT D ].
Since that time the maternal grandmother has been attempting to circumvent the legal system and has taken custody of my son because Amber Smith is unfit and unavailable due to her constant drug use. It is both Amber and Julie Smith’s desire to that the maternal grandmother take the place of the biological mother in order to hide Amber Smith’s drug use. As the petitioner in this case I submitted my petition in Marion County. Amber Smith argued venue. Her claim was that due to her failure to complete a court ordered drug rehab program [ EXHIBIT B ], she did not possess a driver’s license.
On March 12, 2010, Julie Smith appeared at the Brookville Police Department with my son. No prior notice was given as to why the biological mother was not present.
On March 14, 2010, Julie Smith appeared to pick up my son. I called the Brooksville Police Department at 1345. A sergeant responded and advised Julie Smith that she did not have the authority to take my son into her custody. Julie Smith’s response was “But I’m a teacher for Pasco”.
On March 15, 2010 at 1404 Amber Smith realized our son was not with Julie Smith. She called and demanded that I immediately leave my job and return our son to Lutz or she would file federal charges. I notified the Marion County Sheriff Office of the threat and spoke with Deputy Pruitt (Case # 1003150604). The deputy stated that there would have to be a hearing and that his opinion was that Amber Smith was just “Blowing Smoke”. Amber Smith later called and stated she would pick up our son the next day at the Ocala Police Department.
On March 28, 2010 Amber Smith called to state she would not be able to pick up our son due to rain.
On March 29, 2010 Amber Smith left voicemail stating that she was in a hospital for five days and would not be able to pick up our son. Call number was blocked
On March 30, 2010 Amber Smith left voicemail stating she may be hospitalized again. Call number was blocked.
On March 31, NO CONTACT
On April 1, 2010 NO CONTACT
Initially on April 9, 2010, Amber Smith stated that an illness contracted from years of drug use was in an advanced stage. For this reason she suggested that I care for our son for three months and that we reverse our arrangement so that she could have weekend visitation. She claimed that due to her debilitated state, her mother would have to provide transportation. I agreed that the extent of Julie Smith’s involvement was limited to transportation. I asked her to call and advise me that her mother was providing transportation. She responded that she would not be able to call. She stated that it would be a comfort to her for our new agreement in writing. I e-mailed a temporary agreement to both of her addresses. She also requested that I call her so that she could hear our son speak. During this telephone call, she stated that the agreement was acceptable [ EXHIBIT E ]. However, when her mother appeared on April 16, 2010 at our exchange location she did not have the signed agreement. I asked for the signed agreement. Julie Smith stated “I don’t have it” and “Amber is sick.” She then attempted to remove my son from my vehicle. Once again I called the Brooksville Police Department. The officer explained again that the maternal grandmother had no legal authority to take possession of my son and asked her to move away from my vehicle. She stated again that she is a teacher. During this law enforcement intervention, Julie Smith did not attempt to call her daughter. I immediately called Amber Smith and left a voicemail message on her cell phone. When I arrived home, I also sent an e-mail .
She did not sign the initial agreement because she would have committed herself to a lie. For the purposes of the agreement, Amber Smith did not consider her drug addiction a health condition.
The next day Amber Smith returned the call. I asked her if she had just become aware of the situation. I also asked for the reason why she is not aware of when her son is missing until several days pass. She ignored the question and claimed that we had a verbal agreement and that her attorney advised her against signing. To which I replied that the written document was her suggestion. She then invalidated the agreement and stated that she was feeling better and would travel to Ocala to pick up our son. During this period my son was in my care from March 26, 2010 until April 20, 2010. I also established medical care with a local pediatrician. Amber Smith did not block the phone number that she called from on this occasion. I returned the call to this number (813-231-1840) on April 28, 2010, in order to schedule visitation. I discovered that it is a DACCO drug rehab facility. This explains the reason she used the call block feature to state that she would not be able to pick up our son. The number appears on my Sprint incoming call list for April 19, 2010 at 1526 [ EXHIBIT A ]. Amber Smith called to verify the pick-up time and date in order to leave the facility.
At no time did Julie Smith explain to the Brooksville Police Department or myself that her daughter is again addicted to drugs and was therefore unavailable. Instead, she withheld the truth and permitted the officers to attempt phone contact knowing her daughter would not answer [ EXHIBIT F].
I do not know the reason why Amber Smith cannot use a telephone or lacks internet access in the drug rehab facility. This does explain why she is not aware of who is caring for our son. When she is made aware days later that our son is not with Julie Smith, she calls.
I immediately called the Hillsborough County Sheriff Office and spoke with the office of Chief Jacobo. I was later contacted by Lieutenant Rivas of the Child Protective Investigation Unit. She conducted a well check (event # 10-210126) and stated that my son was in daycare and left a message for Amber Smith to contact me. Lieutenant Rivas stated that it is Julie Smith who takes and picks up my son from daycare. Richard Luger (352-208-2310) of the Department of Children and Families also concurs that my son is being managed by Julie Smith. Mr. Luger stated that he does not understand why Amber Smith is receiving financial assistance if my son is not living in the same home. This explains why my son was dressed in clothes that are not appropriate for his age and size. The funds are mismanaged.
In my initial call to the Hillsborough County Sheriff Office, I was advised to contact local law enforcement and ask that a teletype be sent from Marion County to Hillsborough County. I Spoke with Officer Hardy at 1217 on April 28, 2010. He advised that for my son’s safety I submit an emergency motion after I a picked him up Friday.
Amber Smith claims to have no phone service. However, she is aware that I left her a voicemail message. She claims not to have internet access. However, she responded to my voicemail in email. It would not have been possible for Amber Smith to send email while at the rehab facility. It is Julie Smith who sent the message while claiming to be her daughter [ EXHIBIT E ]. In this way she would not have to disguise her voice. Amber Smith continues to provide Julie Smith’s phone number for contact because it is she who is managing my son’s affairs without my consent and because Amber Smith is incapable.
In this recent email, my visitation was canceled because I do not allow Julie Smith to pick up my son. I am illegally denied visitation by Julie Smith while Amber Smith continues in drug rehab. The incidents have been documented. Julie Smith cannot continue to lie on her daughter’s behalf with any credibility, so she simply takes the place of the court and denies contact [ EXHIBIT E ]. Amber Smith is not present in ours son’s life as a mother. As the father, the responsibility and care of my son is mine in the mother’s absence and inability. The e-mail now states the need for another written agreement. The concern is a stalling tactic invalidated by my attempt to schedule a mediation to which there was no response [ EXHIBIT E].
Julie Smith has unsuccessfully raised her son and daughter. Both of Julie Smith’s Children have been arrested for drug offenses. Her son James Smith (DOB 07/19/1977 DC # T13541) [ EXHIBIT C ] also has an extensive criminal background and drug history. Amber Smith’s daughter was removed by DCF after being molested by her boyfriend. Custody was then stripped from Julie Smith for unknown reasons. I explained to the Brooksville Police Department that Julie Smith maintains a relationship with a registered sex offender [ EXHIBIT C ]. David Thomas shares a phone line on Julie Smith’s AT&T cellular service and has been a frequent guest in her home. I am not comfortable with my son being present in Narcotics Anonymous meetings that Julie Smith attends [ EXHIBIT F ]. If this continues, I have no doubt that I will receive a call that my son has been molested, murdered or is missing. My son is not safe with anyone in the Smith family. As of the date of this emergency motion, I am unaware of the location of my son. Amber Smith’s previous offenses and drug history are not in the past [ EXHIBIT B ]. They represent continuing and recent dangerous behavior that does not change. Based on these findings and supporting documentation, I request the order be granted.
The current location of the minor child is unknown. During evening hours my son resides with Julie Smith.
Due to the persistent fabrication of facts and misguidance to both law enforcement and myself by Julie and Amber Smith; there is no doubt that my son will be transported to an unknown location if notice is given.
The state of mind of both of these individuals is unknown. Amber Smith has attempted suicide and as evidenced by arrest reports is violent when under the influence of drugs.
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