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CHAPTER 19

On July 17,1997, I received a page from our daughter that sent joy coursing through me . She said, "Governor Harry Hupp of New York has answered your request, Dad." She gave me phone numbers. This is something I've been working on since 1995, to help my nieces and nephews. That day, New York State Police Lieutenant Jim Turner from the Ray Brook State Police Post, called my residence and left me a message to contact him at the Canton State Police Post at 3:00 p.m. sharp.

By the time I called he was already in a meeting with the Canton Post Commander, briefing them on what task laid ahead of them. I was also briefed by the Ray Brook Post Commander to make me aware that lieutenant Jim was under direct orders from the Governor of New York State Harry Hupp, on my behalf, to spearhead this investigation.

On July 18,1997, we were on our way from Los Angeles, Ca . to Charlotte, N.C. with a hot load of freight. I was still finding it hard to put into words to the gratitude I felt that Governor Harry Hupp was going to help. I'd been speaking out about this for so long that it was hard to believe that somebody would finally hear me out. I didn't believe that the State Police would file any criminal charges, but I was more concerned with the Civil Rights violation. With everyone being aware that the Governor was investigating on my behalf, I hoped this would put enough pressure on the local Law Enforcement and everyone involved in this case ensuring that justice was finally done.

I talked to my niece Michelle in New York, and made her aware that Fran, Ervin and I would up there Monday evening. I also told Michelle I did an interview over the telephone with Watertown newspaper reporter Clyde Jarvis. Michelle was glad to hear this, and I was hoping the piece in the paper would let the American Public know what my intentions were and get Social Services to back down from making this a religious issue. Perhaps, I thought, it would also help motivate the children's Attorney.

The Miller children had been trying to get Ed Hyde to take Social Services to Court to either have them removed, or at least have them refrain from making this a religious issue or denying them further medical attention unless it was an extreme emergency. On July 19,1997, we had to hammer down to get the load of freight into Charlotte, N.C. for Saturday at lunchtime. We arrived in Charlotte around 12:00. Forty-five minutes later, we had a load going to Cincinnati, Ohio. I called the girls up and told them we loved them and that we'd be home around 3:00 a.m. on the 20th. We had the hammer down, jamming gears and kept the doors closed.
Ten hours later we were in Cincinnati, Ohio. On July 20,1997, we parked the truck in Cincinnati and threw our belongings in our personal vehicle and headed for home.
We got there at about 3:00 a.m. our daughters got up and we talked for a couple hours, and then went to bed. Ervin must have called 3 or 4 times on Sunday. The first call was concerning his brother Kevin from New York. Kevin is 18 years old. On Saturday evening he hitched up a horse to the buggy and went up to see one of his buddies, one of Mahlon Yoder's sons.

Mahlon who is married to one of my cousins, is always working late, so he was still out choring at about 10:00 p.m. that evening. Kevin said he got to visit with his buddy for a couple of minutes before Mahlon Yoder walked out of the barn with the lantern and walked up to the buggy.

Mahlon said, "Well, you must be one of the Andy Miller children."

"That's what they say," Kevin replied. "As long as you don't let your parents come home you're not welcome here. Even if you do let your parents come home we'll have to see. Now it would be best if you just leave and not come back," Mahlon said.

"I was just leaving anyhow," Kevin said. Ervin was laughing about it and wanted to know what I thought. I explained to him that I kind of expected that to happen.

Ervin wanted to know what time we were leaving for New York. I told him Monday morning. He said, "Uncle David, I think Kevin and Michelle are going to go to Uncle Pete's today."

I said, "Okay," we hung up, and I went back to bed and tried to get a couple hours of sleep. I had only slept a couple hours when Ervin phoned again. He told me that Kevin and Michelle went to their Uncle Pete's, my brother. Pete Yoder only lives a couple miles down the road from the Miller children, and he owns Double E Lumber. While Kevin and Michelle were on their way down to their Uncle Pete's place they met Eli and Mattie Miller. Mattie is Andy Miller's sister. Michelle and Kevin continued on to my brother Pete's place.

When they arrived the curtains were pulled and the doors were locked. Michelle got out of the buggy and knocked at the door. The door was locked, but Michelle heard young children walking around inside. But no one would come to the door. The Andy Miller children are double-cousins to my brother Pete's children. Pete Yoder is a brother to Emma Miller, and Pete's wife Sarah is sister to Andy Miller.

Standing outside the house, Michelle called, "Boy, this looks really good, out of all people Uncle Pete locking his doors. Why are you too good to come to the door and at least talk to us?"

Finally Pete's son, Jonas, came to the door. He unlocked the inner door and left the screen door hooked, opening the door only a couple inches and speaking through the crack. He said, "Michelle, I know how this must look. I'd love to let you in the house, but we have strict orders not to, and I'm afraid not to obey my parents' orders. I'm well-aware how this will look to the public, but I'm sorry, it is not up to me." Then he closed and locked the door.

Michelle got back on the buggy and they started back home. My nephew Ervin said, "Guess who they met on their way home?"

"Who?" I said.

"Uncle Pete and Sarah went to the Miller church, which had to be near by. Eli and Mattie Miller, who is my Aunt had to have run their horse to the church as fast as they could, and notified Uncle Pete that the Andy Miller children were spotted going south on road 184 going toward Pete's place. Pete and Sarah Yoder left the church around 10:00 a.m. before it was half way over, because the children were spotted going in their direction . Kevin and Michelle met Uncle Pete on the road as they were on their way back home," Ervin explained.

I asked, "Do you know if my brother waved at them?"

"I don't know," Ervin answered.

"Ervin, this breaks my heart. I always thought Pete was more easy going and laid back, but I expect Bishop Jacob Miller made it a rule that all members had to shun your brothers and sisters. But that's no excuse for my brother," I said. "Ervin you better get your brothers and sisters prepared to get their shots so they can go to the local public schools because I'll bet the school doors will also be locked on your brothers and sisters. Why won't one single Amish person stand up for these children?"

But I knew the answer to that last question: most families were guilty of harsh beatings. They were afraid that their children would also speak out and ask for help. I told Ervin, "I'm truly sorry that the Amish feel this way toward their children. I always thought God spoke of loving your children. Maybe I need to check my eyes. I just wish there was a way we could change all this and the Amish school system and the way the Amish look at their children, and stop this type of child abuse."

I don't know how long I was on the phone with Ervin, but I also made him aware that I contacted 20/20 to let them know that Governor Harry Hupp was answering my request.

I said, "Ervin, let's just be patient. We have a three part series coming out in July, and 20/20 should be running the last part of August of the first part of September. I'll just keep pushing buttons. Sooner or later we'll put enough pressure on Social Services and the children's attorney so no one will dare to make this a religious issue anymore." We talked for a couple minutes more then hung up.

When we lived in Jasper, Alabama, we met a wonderful Christian family through our daughter, Debra, at her high school. Debra and Becky were going to take a trip to Alabama, but we decided against it, because we just have too much going on. Not long after we moved from Florida to Alabama, Debra came home from school one day and all she would talk about was Michael Vanhammer.

Debra said, "Mom and Dad, Michael opens doors for me, he carries my books and he's so polite."

Fran and I realized that this was probably Debra's first boyfriend, and we wondered how we were going to deal with it. We didn't mind our daughter having friends, but we weren't quite ready for her to have a boyfriend at the age of fifteen. But for next couple weeks Michael was all Debra would talk about. I don't remember how it came about, but shortly after Debra met Michael we met his parents.

Michael's father Shawn was very special. I don't think there's anything that Shawn wouldn't do to help someone. Michael's mother Sandra was a very sweet lady. She had a heart filled with kindness and love. We automatically took a liking to Shawn and Sandra, and also to Michael. I couldn't help but to think back to when I was a teenager, and how my father-in-law had lost sleep over me. It seemed like yesterday. My wife and I had been married for over 18 years.

Michael was pretty persistent and stated very clearly how much he loved Debra. There were times where I might have questioned Michael in the past, but I realized there comes a time when you have to let your child make her own decisions. Shawn and Sandra became very close friends. When we moved out of Alabama to Ohio, we stayed in touch. Michael is still dating our daughter, and I expect the time will come when our daughter Debra will change her name from Yoder to Vanhammer. I won't object as long as she gets her education first.

I knew Debra was looking forward to this trip to see her boyfriend, and I was sorry, but we just had too much going with the Miller children. On July 21,1997, we got up around 6:30 a.m. in the morning and started to get ready to pick up Ervin and continue on to New York.

We arrived at Ervin's place about 8:30 a.m., and on the trip we mostly talked about what we could do to make sure justice was done and the Miller children were moved out of New York. When we drove through Pa. we stopped and bought some firecrackers, plus a 19 shot cannon that shot about 50 feet in the air with all different colors. We thought it would help to cheer up the Miller children, but we didn't know at the time that it was against the New York State Law to set off fireworks. As soon as we pulled in the driveway all the Miller children came running out of the house. They were excited to see us.

Ervin was laying down in the back seat of the car, as he's not allowed to be seen riding with me because I'm excommunicated and considered a condemned man by the Amish. If someone saw Ervin riding with me, he could be excommunicated himself. That evening the children were quick to spot the firecrackers. When we bought the firecrackers, we also bought about a dozen foot-long safety sticks to light the firecrackers. I'd never seen the kids so happy and excited.

Ervin was still laying down in the back seat with his little sisters Malinda and Catherine talking to him. This must have lasted about 45 minutes. Since the initial arrest took place Ervin, Peter, James, Paul, and Betty Miller insisted that Andy and Emma had to stay away from the Miller residence. That Ervin, Peter, and James would also stay away from the home farm. That was the only way that Andy and Emma Miller was going to agree to the order of protection docket #9750048.9 and docket #97050047.9, which was issued by Tim Lance on May 9. I think it's sad that Ervin, Peter and James had to sacrifice the right to be with their brothers and sisters, since they were the ones who came to rescue their brothers and sisters.
But that was the only way that the local system was going to go along with the order of protection. That was why it was so important that Ervin wasn't spotted at the Miller residence that night. We blocked the view of the road and Ervin crawled on his hands and knees from the car to the washhouse. We dropped all the curtains in the house that were toward the road and toward his brother Robert's house.

It was somewhere around 9:00 p.m. when we finally went in the house. The children were still excited about the firecrackers and seeing their brother Ervin and Fran and I. I had to listen to two or three children talk at the same time for the next hour or so. At 10:00 p.m. we went outside and fired off the 19 shot cannon, which was beautiful and all different colors. These children had never seen anything like it before, and it did my heart good to see that I brought laughter and joy to their hearts, even if only for a moment. Right after that anyone younger than sixteen had to go to bed.

I tried to prepare Michelle and Ervin for what was to take place the following day. About 11:45 p.m. we all went to bed. Ervin stayed with his brothers and sisters, despite the fact that it was against the court order. When Ervin, Peter and James agreed to the order, Sherry Sharon, the Attorney for Social Services, assured Ervin that they would be allowed on the property within a week or two. Sherry told them it was just a way to get their parents to sign it without a big ruckus.

Ervin said, "Uncle David I don't see anything wrong with me staying here tonight. I have done nothing wrong. I've only tried to help my brothers and sisters."

I said, "Ervin, I believe in respecting the law. However, there have been a lot of questionable things in this case, and you've been told over and over that you'd be allowed back in, but they're doing nothing to make it happen. I feel like you've been lied to by the system, Ervin, and I'm willing to look the other way as long as you don't get Michelle in trouble for you being in here.”

"Don't worry, I'll keep a low profile," Ervin said. Ervin slept upstairs with his brothers and sisters. Fran and I slept downstairs in Andy and Emma's bed.

We got up the next morning at about 6:45 a.m. and little Malinda and Catherine were glad to see that Fran and I were still there. At the breakfast table, they asked us to sit where their parents usually sat. Malinda had to sit right between us, and Catherine next to me.

Little Malinda called my wife "Uncle Fran". Holding up five fingers, she said, "Uncle Fran, this time you're going to stay this many days."

Fran said no, and Malinda folded one finger down and said, "How about this many days?"

Finally Malinda got to where she was only holding one finger up. She said, "Uncle Fran, you got to stay at least this many days."

Fran said, “Yes we would stay that many days.”

Then after that Malinda held up all five fingers again, and said, "You might stay that many days, Uncle Fran."

I said, "Malinda we can't," and tears sprang to her eyes. So may times I wanted to load all the children up and bring them to our house. But we can't our hands were tied by the legal system.

After breakfast, it was time to get ready to go and meet with the State Police in Ray Brook, New York. At about 8:45 a.m. Ervin crawled to our car on his hands and knees on the blind side. As Ervin was laying down on the back seat of the car, with Michelle back there also, the children were trying to say good-bye.

Michelle was getting very excited, saying, "We've got to go. I'm afraid a St. Lawrence Deputy is going to show up here any time."

"Don't worry, Michelle," I said. "We'll make it out of here in time."

Andy's house had somewhat of a v-driveway and I put the car in drive and the children were behind the car pretending they were pushing us. Just then a deputy pulled in the driveway. We exited from the driveway by the barn.

Ervin was getting very excited, saying, "Go Uncle David go, go, go." The Deputy was looking over at our car, but he couldn't see Ervin in the car from where he was.

We pulled in Jack Wayner's driveway and Ervin went quickly into the house. Jack Wayner said he'd go up and see what the Deputy wanted. The Deputy said he was returning the wallet that Ervin's brother James had lost in Heuvelton, N.Y. the day before. However, if he could have, he would have looked through my car when I pulled out of that driveway. When Jack returned home, I was on the phone with Lieutenant Turner from New York State Police . But I over heard the comments Jack made to Ervin that there was a warrant out for his arrest and Ervin would be arrested today. Jack said it in a way that sounded serious, but he said he just joking. However, my gut feeling said there was a lot of truth in that statement. Because of everything that had gone on, I didn't really trust anyone involved in the case. I listened to how people spoke as much as to what they said. Or what they don't say.

Nevertheless, I had a professional conversation with Lieutenant Jim Turner of the New York State Police. Jim asked me not to bring the cameras or reporters, as they weren't allowed in the interviews. I assured him I wouldn't bring the cameras. I told Jim we'd see him in about 2 ½ to 3 hours. "I'll be waiting," he said.

About this time I noticed something different about Jack Wayner. It reminded me of the Amish in upstate New York. I have a rule: If I shake your hand, and you shake it loosely and don't look me in the eye when I'm speaking to you, I figure I can't trust you. This morning Jack wouldn't shake my hand with authority and he kept looking off in a different direction. My radar was up, but I decided to say nothing for the moment. We arrived at the State Police Headquarters in Ray brook, N.Y. at 12:45 p.m. We sat in the waiting room for about 15 minutes, until we were introduced to Lieutenant Jim Turner. This meeting lasted four and a half hours. Jim told us that he already investigated the local Police from Ogdensburg and also talked to Roy Vance, but he tried to say they don't have a case law, because they have never dealt with the Amish before.

Ervin said, "Lieutenant do you not have a law in the books to deal with child abuse?"

"Of course we do."

"Then why don't you use it?"

I interrupted and said, "Ervin, it's really not that simple."

"Why not?" Ervin asked.

"Because of the Right to Privacy Act, the Freedom of Religion Act, and the Civil Rights Act," I said. The Lieutenant recognized my statement and went into greater details. The conversation went on for quite some time, but when we finally came to the end of the discussion, we all agreed that a guideline had to be written to deal with the Amish.

The Lieutenant looked me in the eyes and said, "David, believe it or not, you've got everyone involved in this case scratching their heads."

I said, "What do you mean? If they don't know how to deal with the Amish why not make the phone call?"

He looked at me and grinned and said, "Mr. Yoder you've got to realize this is a small town. Folks here have always done everything by themselves."

"Maybe. But that's no excuse for the things that took place in this case."

The Lieutenant had a note pad with things that he wanted to discuss. One issue he was very much interested in was the Amish School system. Jim wanted to know if they had a school Counselor and what types of discipline they used. Of course there was no Counselor, and the discipline was very rigid. All three members of the school board can come in at any time with or without the teacher's or parents' permission and beat a child with a stick, rubber hose, strap or whatever.

The teacher also had the same type of authority. Lt. Jim also wanted to know what the mindset was behind the school education system, if whether education was a number one priority. The Amish believe if a child is ignorant he'll grow up to be a more obedient child, and, as they become adults, they'll make fewer problems for the parents and Bishop. Ignorance would also keep them from modernizing and leaving the organization, and there would be less threat of the American Public ever finding out the true Amish way of life.

Lieutenant Jim took a lot of notes throughout the interview and said he'd be reporting all of what I told him to Governor Harry Hupp. Upstate New York had one of the worst Amish school systems I was aware of. Before we adjourned the meeting Jim assured us that he would see if there was another Government branch besides the F.B.I. that could be further assistance to the Miller children . There were tears and laughter throughout the meeting.

I said, "Lt. Jim, I don't know if I'm doing the right thing."

Lt. Jim smiled and said, "I think you are. You got the attention of the Governor."

"I'm not asking for a miracle, but if we gain just a little bit of ground I'm happy."

We left the meeting at 4:30 p.m., went to McDonalds and got something to eat, and called Jack Wayner. Jack was very excited and wanted to know exactly what took place in the meeting. He also wanted to know the exact time we would be arriving at home, although he said he probably wouldn't see us that evening, that he was having company. I didn't give him any details. I told him the meeting was confidential, and we started for home. I had told Lt. Jim at 4:30 p.m. when we left the meeting that I had tried to get two documents notarized at the Ogdensburg Federal Savings Bank earlier that morning, but when the President, James Downers, saw the headlines his veins in his neck popped and he refused to notarize the documents.

Lt. Turner just smiled and said, "David, there are those who are trying to stay clear of that case."

On the way home we stopped in Ogdensburg and got a gallon of ice cream to take home to the Miller children. We discussed the conversation I'd had with Jack Wayner. We decided it was better if we didn't sneak Ervin into the Miller residence that evening, that we no longer trusted Jack. When we got within seven miles of the Miller residence, we noticed quite a few St. Lawrence County Patrol Cars. We almost passed the Miller residence, but we decided to stop and at least let Ervin say hello to his brothers and sisters before we went on to Jack Wayner's house.
We stopped a couple minutes out on the road. We had just passed a patrol car with two officers in the car a mile up the road. We were beginning to believe that Jack Wayner was the watchdog for his cousin Detective Jerry Wayner. When we arrived at Jack Wayner's house, his wife was quick to come out but Jack was nowhere in sight.

Jack's wife wanted to know what we were doing and if Ervin was going to stop in at the Miller home. We said we thought it was better if he didn't. While we were there, if I wasn't looking directly at Donna, I'd catch her looking at me out of the corner of my eye, just looking me up and down. It was as if she were trying to figure out who I was or what I was up to. We left Ervin at Jack's house and the rest of us went back up home to the Miller house.

I fixed Ervin a large plate of ice cream, fresh peaches and apple pie and took it down to him. I returned back to the Miller home and stuffed myself with ice cream, pie and fresh fruit. When I was finished, I played with the children for about an hour and a half. It was around 9:00 to 9:30 p.m. when I walked down to Jack Wayner's house.

Jack wouldn't look me in the eye, and every time I was looking in another direction his wife was staring at me with that wondering look. Ervin was excited and wanting to go. I had a good idea why, so I decided to sit down and watch HBO. Forty-five minutes later Fran and Michelle showed up. We stayed until about 11:00, when the movie ended. As we left Jack Wayner was going from window to window, watching every move we made.

Ervin said, "Uncle David, we got to get out of here. Jack is pissed off at you. He said his cousin could have lost his job a couple of times because of you. He asked whether you contacted the President."

"I told him that I thought you did, and Jack said you were no longer welcome in his house. He said his cousin's phone has been ringing off the hook because of you." I suspect Jack was setting us up to have us arrested, so Jerry Wayner would look better in the eyes of his department.

We decided to get out of there A.S.A.P. I believe Jerry was so furious that he didn't care what he did as long as he made an arrest. By 11:45 p.m. we had said our good-byes to the Miller children and we were leaving New York.