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CHAPTER 22

We arrived at our home at about 10:45, happy to be there. On August 13,1997, we all got up around 9:00 a.m. At about 10:00 a.m. I called Bryan Haynes's office and talked to his secretary, Lisa. She patched me through to Bryan and we had a brief discussion about the case before Bryan transferred me back to Lisa. Lisa told me that Haynes and Enna Storm had a lengthy discussion concerning the case.

Haynes explained to Enna what his take was on the case, and what kind of media coverage was required. Lisa told me she was putting a package together for the Miller children to sign, which would give Bryan Haynes and I the right to act as we saw necessary in the best interests of the Miller children. Lisa wanted to know how I wanted this package sent to the Miller children.

I replied, "Federal Express."

"Can I have their address? I want to make sure the package doesn't fall into the wrong hands," Lisa said.

"I'll put a prepaid Federal Express envelope so it won't cost the Miller children anything to return it back to Haynes."

I said, "We need to do this A.S.A.P. and I'll try and have the copy back to you by Friday, but certainly no later than Monday."

Lisa said, "Yes David I agree. Mr. Haynes also needs a couple of days to stop the court proceedings, scheduled for the 27th, 28th and 29th of August in Family Court ." It would actually only give Mr. Haynes six days, and I hoped that was enough.

We were awakened up by a telephone call at 7:30 a.m. It was our boss, Frank, wanting to know if we were ready to go to work by 2:30 this afternoon. By 11:30 a.m. we once again had the car loaded and were ready to go to work, in Cincinnati, three and a half hours away. By 11:45 a.m. Ervin had already tried to contact us. At 6:00 p.m. I called Ervin. I felt so sorry for him; he had one brother in the State Hospital, and another who was turning his back on his brothers and sisters in New York. Ervin was really feeling the pressure, and I did my best to reassure him that everything would be okay. The next day, Friday, we gave our daughters some money to start their school shopping.

We arrived in San Bernardino, Ca. at 9:00 a.m. and less than two hours later we had a load going back to Philadelphia, Pa. I spoke to Ervin, who sounded a little more relaxed. Ervin said he'd talked to his brothers and sisters in New York, and added that they were relieved to have an attorney. Michelle took the papers from the attorney to Sack Younger's wife to help her fill them out, so they could Federal Express them back to Bryan Haynes.

Ervin had also spoken to his brother James, who had just returned from visiting his brothers and sisters in New York. James stated he located his Mom and Dad, Andy and Emma Miller at Cascade Inn . That his Dad Andy had said that he had failed, that he should have disciplined his children harder when they were younger. James also tried to force his brothers and sisters to go to church.

What terrified me about Andy Miller was that he still didn't think he'd done anything wrong. This is also the day Peter Miller was released from the Massillon State Hospital. And discovered that while he was in the State Hospital, the Amish sawmill where he was working had fired him. Ervin didn't want his brother to come home from the hospital without a job, so Ervin talked to someone at another sawmill who said he'd give Peter work as soon as he was able.

Ervin said, "Uncle David, I'm going to let Peter spend a couple nights at my house before I send him home." He also stated that that he had a bottle of wine he and his wife Ann, were going to drink after Peter and his wife went to bed, "You don't think there's anything wrong with that, do you Uncle David?"

I replied, "No Ervin, my wife and I do it too, sometimes."

Ervin said, "Tomorrow, I'm going to take my wife to New Phila, Ohio and go shopping, and out to eat. We've got to have some fun sometimes."

"Good idea. You need a break from everything that's been happening. From now on, Bryan Haynes and I are going to be in full control of your brothers and sisters. All hell's going to break loose in the next seven days; justice is finally going to be done. Enough is enough." I said goodbye and hung up.

On August 16, I phoned Bryan Haynes's office and spoke to his secretary, Lisa, for a couple minutes. She was really nice to talk to, and quick to assure me again that I was no longer alone. I thanked her. But what she didn't realize was that I was standing up against over a hundred thousand Amish. My nieces' and nephews' torment had been going on for over 20 years and I have to stand by feeling helpless and frustrated.

In the past, good people have come to my side and said, "We'll help Mr. Yoder." But when they discovered what they were up against, they turned their backs and walked the other way. The bottom line is, anyone can talk the talk, but too few are prepared to walk the walk.

I believe more than ninety-five percent of the Americans lack the commitment it takes to step across the line to help some innocent child no matter what circumstances stand before them. But at the same time I'm incredibly thankful for those people who did step forward.

The Amish put up such an innocent front up that the public says, "Yeah they might be a little backwards, and they might be a little strict with their children, but they're harmless." The public looks at the Amish as being peaceful, and wishing their life was that simple. As the old saying goes, the grass is always greener on the other side of the fence, but it's not. I've lived on all sides of that ten-acre pasture field. Anything is hardly ever as it appears to be. I try to boost my nieces and nephews up and let them know justice will be done, but honestly, I'll have to see it before I'm a believer.

I don't mean any disrespect toward anyone, especially Bryan Haynes. I feel honored that he took the time to talk to me, but this is no game. I feel so helpless and frustrated with the local system in New York. It's like everybody there is living in the Stone Age. I know everyone involved in this case on our behalf is saying, "Oh, it couldn't be that bad."

If Bryan Haynes doesn't get the court proceeding stopped for the 27th, 28, and 29th of August, I'm not going to go up to New York, because there is no way I could face Malinda and Catherine and tell them there's nothing I can do. Lisa, Bryan Haynes's secretary, wanted to know how she could get another document to the Miller children, and where they could sign it, so he is legally considered their attorney. I gave her the Miller children's address, and thanked her for her help. I also talked to Michelle twice that day and made her aware that another document was in the mail. Michelle was thrilled that Bryan Haynes was going to represent them.

On August 17, my wife Fran and I stayed busy trucking. I called Ervin that evening and talked to him for about 45 minutes about how his brothers and sisters in New York, the preachers, and how Peter was doing since he got out of the state hospital. I also asked Ervin if Michelle got those papers done that Mr. Haynes sent to her to sign. He said Michelle hadn't gotten them signed and sent yet.

Between August 18 and August 22, I have felt the pressure of the case as never before. My nieces and nephews were looking to me for answers, and I tried to tell them everything would be okay. I'm tried to prepare them for a major show down on August 27, but we all have a gut feeling that the parents are going to be put back in the house. I have never felt so helpless in my life. As we are trucking down the road our minds wander and we find ourselves sometimes making a wrong turn.

I know we should jump for joy because Bryan Haynes came to the rescue, but we don't even know this man. Why should any one of his stature even want to stand up and help us? There have been attorneys before him that have agreed there was a major problem, but none of them were willing to stand up against the Amish. This case has driven me to dig down deep like I have never could, to get someone's attention.

It's like I told Ervin: "I'll take the lead in this case, to try and draw heat off you children, because I'm well aware what those Amish can do behind those baggy clothes. They're anything but peaceful. They come at you from every angle and destroy your name and your reputation. They'll try their best to persuade the local public that you were never any good."

On Sunday, August 17, Bishop John Miller and preachers Enos Yoder and Atlee Troyer had a talk with Ervin after church services. They told him, "Bryan Haynes, who is supposed to represent the Miller children under the age of 18, and all other local attorneys, are going refuse to take any type of legal action toward any of members in the Amish Community, including Andy and Emma Miller. So you see Ervin," they added, no matter what your Uncle David tries there's nothing he can do." The preachers then asked if Ervin had a change of heart and wanted to withdraw from the case.

Peter, his wife Edna and their son Andy had been staying with Ervin since Peter got out of the state hospital. At 5:30 a.m. Peter's wife Edna woke and heard a noise that sounded like a horse and buggy on the gravel road. Edna quickly lifted the curtain, and saw a Swartzentruber Amish horse and buggy coming in the road, slowly. It was very unusual for any Swartzentruber to be in that area that early in the morning, especially since Ervin and Peter lived among higher classed Amish. Edna quickly ran downstairs to tell Ervin that there was some Swartzentruber Amish trying to sneak in.

"I think it's the Bishop!" Edna cried.

"Well, let them come," Ervin said.

It was the Bishop. He pulled in their driveway by the barn and parked where the Bishop could see the front and back door of Ervin's house. The Bishop sat there for the next hour, until preachers Enos Yoder and Atlee Troyer arrived. When they did arrive they quickly ordered Peter off on the side, and talked to him for at least an hour and a half, constantly hammering on him, trying their best to get Peter to remove himself from the case. They advised him to confess in church in other words, excommunicate himself. Peter tried his best to be calm and collected, but his eyes showed otherwise. I was afraid it would put him right back where he was, or maybe even worse.

Peter is not to blame that he has become mentally unfit in the past. If there is anyone to blame it is those of us who didn't have the guts to step forward and protect his brothers and sisters.

The Bishop and Preachers didn't talk long to Ervin, but they asked him if he still felt like he did a week ago. They also questioned Ervin about young boys being there and drinking beer at his place.

Finally Ervin said, "Mr. Bishop, the only time that I'm aware that there was even beer in this home was back when your son, Jonas, was dating my sister Anna. It was a Sunday morning when I discovered four empty cans laying around."

Bishop John Miller got really red in the face, and that was the end of that discussion. He wanted to know if Ervin had been driving the forklift up at the sawmill where he worked. Ervin refused to answer.

The Bishop said, "Won't you change your mind, Ervin, concerning these issues?"

"No sir. Do whatever you want to, because you are going to anyhow. There is nothing I can say or do to change your mind. I'll do whatever I have to, or whatever it takes to stand by my younger brothers and sisters. It's clear that no Amish man is willing to stand up and protect these innocent children, and see to it that this kind of abuse can never happen again."

On August 24 and August 25, the pressure is on, as the Miller children fear that their parents will come back. The court date, which should decide this, is on August 27, and the children fear for their lives. I talk to them each and every day, and listen to their fears. I tried to prepare them, that their parents might come home. Ervin and I had managed to keep the parents away from their children for close to 4 months.

We were afraid we wouldn't be able to do so much longer. Ervin and I can't take on the whole system on by ourselves, and still expect a victory for the Amish children. It has never happened in the past, but Bryan Haynes has been trying to contact Ed Hyde to get the court proceedings postponed. Ed Hyde represents the children under 18 years of age. Ed Hyde is refusing to return Haynes's phone calls, or respond to Haynes requests for postponing these court proceedings until he has adequate time to talk to his client, Michelle Miller.

None of the Miller children ever trusted Ed Hyde. After the arrest of Andy and Emma Miller on May the 8th Ed Hyde was appointed as the children's attorney. Hyde didn't come forward to let the children know he was their attorney until about June 10th. In the meantime, the children needed legal counseling. They were fighting for their lives but their attorney was nowhere around. When he did show up, Hyde refused to interview all the children until I filed a complaint with the N.Y. Bar Association, the Governor of New York State, and the White House.
Only when Hyde was forced to do his job, did he start fighting for the children.
What Mr. Hyde said and what he did were two different things. He had often made powerful statements to the children of actions he was going to take, but rarely ever followed through on those promises. So, I made the children aware that they had a legal right to fire their counsel. However, Mr. Hyde refused to respect the children's decision. So I prepared a legal document for the Miller children to get notarized sign it and hand delivered to Hyde's office, to try again to have him fired. This document was hand delivered to Hyde's office on the morning of August 26,1997.

That evening, Ed Hyde and two attorneys from Social Services showed up at the Miller children's residence. Ed Hyde clearly stated to Ervin and Michelle Miller that he would not respect their wish, and the three attorneys drilled the children for quite some time that evening.

From the Amish perspective these children have done the unforgivable: they turned their parents into a Law Enforcement Agency. But the children tried to get help from the Amish community and that didn't work. So, they had to seek outside help. And now these same children have been victimized not once, but three times: once by their parents, second by the Amish, and third by the local system.

At the very last minute Ed Hyde and the rest of the attorneys involved in the case agreed to use prior transcripts of the hearing where Michelle had testified to save the rest of the children from having to go up on the stand and testify against their parents. This was one good thing that Ed Hyde did. Judge Dale Skelley would have until September 24, 1997 to view these prior transcripts and give his decision. This was a relief for the children. At the very last minute, Ed Hyde made an important decision. Ed had refused in the past to respond to Bryan Haynes and had he continued to refuse to work with him, upstate New York would have been overrun with more TV coverage then it had ever seen before. I didn't want a show down with Mr. Hyde, and didn't want anymore TV coverage, but I believe Mr. Hyde was aware that he'd better not continue to ignore Haynes.

Haynes was already prepared to fly in from downstate New York and hold a news conference. At the last moment Mr. Hyde decided it was in his best interest to try and work with Mr. Haynes, this would mean that the interview with ABC's 20/20 in up State New York would be canceled. If everything went right Mr. Haynes would only be working at a distance with Mr. Hyde.

No one from upstate New York would even be aware Mr. Haynes would be in the background of this case. I expect this will put enough pressure on Mr. Hyde and that he'll do the right thing from here on out. Though I'd prefer not to, I'll probably have to use TV coverage again, because I'm still not sure what will become of Bryan Haynes and Ed Hyde.

I'm convinced that I can't let my guard down at this time. If the Miller children want my help, I'll bring in massive TV coverage. I won't totally relax just because Hyde is working with Haynes. The last week in August has been very difficult for the Miller children.

The rest of the week the 28, 29, 30, and 31st of August the children were concentrating on school, they were hoping to teach their brothers and sisters at home. The reason for this is simple: their Dad is part of the school board. He is in charge of all the money matters concerning school issues. Being a board member, he could indirectly order punishment to his children and it would have to be respected and carried out.

The children would prefer to go to public schools, but I don't expect they'll be allowed to do that, as Social Services is in direct contact with the Amish Bishop and Preachers. The information I've received from the Amish tells me that if Social Services and their attorneys have anything to say, the Amish will have a guaranteed victory, the case would be handed back to the Amish to deal with after the 24th of Sept. and the parents would be put back in the residence. The school, these children are forced to go to, doesn't have any drinking water; they will have to bring their own.

The boy’s outhouse in the past has never had any toilet paper. They always just put grass in the rafters and used that. There have been times in the winter when they ran out of grass and they were forced to either use snow or their own fingers. The girls usually had newspaper, but they have run out and been forced to use the same tactics.

The 1972 Supreme Court ruling allowed the Amish to teach their children how they saw fit. Since this ruling, there are no building codes for the Amish schoolhouses, and the most conservative Amish have abused this Supreme Court ruling. Their schoolhouses have gone backwards considerably to the point where the schoolhouses were no longer being built on a solid foundation. For the Conservative Amish, an average schoolhouse would cost them $4500.00 to build. The schoolhouses aren't well insulated and are usually located in a pasture with fresh cow droppings around the schoolhouse. The American public built Mud Lake schoolhouse in 1857 and now the Amish are using it. It was so badly insulated that they had to wrapped plastic around it to try to seal off the wind.

According to the Supreme Court ruling, the Amish are required to send their children through the eighth grade, and teach them basic math, reading, and spelling. Those were the only guidelines they were required to follow. The True Old Order Amish and the New Order Amish were the only ones that followed the Supreme Court Ruling. Their schoolhouses had been built on a solid foundation, and they taught math, reading, spelling, health, geography, history and German reading, and spelling.

This is why the Supreme Court ruled in favor of the Amish in Yoder verses Wisconsin. I believe it is time to challenge the 1972 Supreme Court ruling and that new guidelines are put in and enforced. No child should be denied the right to a proper education or a secure environment to study in because of his or her religion or nationality. Not all Amish school systems are as bad as they are in upstate New York, but no one has challenged the Amish in the last 20 to 30 years on their school system, or on any other issue that amounted to anything. Those who have tried have all failed.

On September 1, we spent the weekend at home. We had a cookout, and Ervin, his wife and their son Lester decided to come and spend Sunday and Sunday night with us. This was against Amish rule, since I'm excommunicated, but they had already ruled to excommunicate Ervin. We took Ervin, his wife and son home around lunchtime.

We didn't more than get to drop Ervin off at his house when his neighbor advised him that Peter's wife was in the Millersburg Hospital having a baby. I was still deeply concerned for Peter's state of mind. The rumor behind the Amish curtain is that Peter and his wife had already spilled their guts to Bishop John Miller. But as I told Ervin you can't get mad at Peter. He gave it all he had, his mind just couldn't take it.

On September 4,1997, my wife went to see her Mother. Fran had a big surprise when she arrived at her mom's house. Fran's brother, Toby, a Bishop in the Swartzentruber church in Minn., was also there. Fran and her brother talked about the Miller case. Toby agreed that there had been a lot wrong with the Miller family, but further stated the actions that the Miller boys took against their parents were wrong.

Toby also explained that 2 years earlier in Canton, Minn. in the settlement where he lived, an Amish schoolteacher had beaten a child so badly that the parents took the child to the doctor because he complained about a backache. The Doctor examined this child and discovered bruises on the child's back, and reported it to the District Attorney.

The District Attorney didn't press charges. Toby and his preachers held a meeting to see about removing the schoolteacher to ease tension, but one of the preachers wouldn't agree with Toby and the teacher was never removed. The Amish did again what they do best, find the weak link and zero in on it.
teeth pulled. My niece Malinda had an appointment in Gouverneur N.Y. to have six They put her to sleep in the hospital to pull them. Michelle accompanied Malinda to the hospital along with her parents. While they were in the waiting room Andy made a big fuss about Malinda having to leave her cap on when she was put to sleep in case something went wrong. He didn't want her to die without a cap on her head. When Malinda's name was called out, Michelle Miller and Emma Miller took Malinda back in the room while Andy stayed in the waiting room. While undressing four-year-old Malinda, my sister Emma discovered that Malinda was wearing store bought panties. All hell broke loose. Emma jumped up one side of Michelle and down the other.

Michelle, who had temporary custody of the 9 children, called Canton, N.Y. Sheriffs' Department and asked for help. In return, St. Lawrence County Sheriffs Department faxed a copy of the Order of Protection to the State Police in the Gouvernor Post. In less than forty-five minutes, the State Police intercepted the Miller family and broke up the confrontation. Andy and Emma Miller were separated from Michelle and Malinda. Social Services were contacted and they had to supply another way home for the parents.

Andy and Emma were so devastated to see their daughter wear store bought panties because the three most conservative Amish churches, known as the Hershberger, Swartzentruber and Miller Amish, don't believe in having rubber or elastic in their clothing. Most important they believe that store-bought panties have too snug a fit, and probably cause sexual arousal. The Amish homemade panties are made very loose and baggy to assure no sexual arousal.

Little Malinda's teeth were successfully pulled without further interruptions.
There were no charges filed against the parents, even thought they were in strict violation of the order of protection. I had a lengthy phone conversation with Michelle that night. On September 5, I talked to both Ervin and Michelle. Michelle was still upset about what took place on September 4th at the hospital.
She said, "Uncle David they're making me look like I'm the bad person. I know it's against the Amish religion to buy store bought panties, but I don't know how to make the Amish home made panties. Mom always made them. Uncle David, what am I supposed to do? My little sisters needed panties so I bought them some. What's so wrong with that?"

"You weren’t wrong. You are doing a good job taking care of your 9 brothers and sisters," I reassured her.

Michelle said, "Uncle David, Social Services had me crying over this, they made such a big deal out of it."

"I know, Michelle. In this case, I think Social Services should be renamed Parent Protective Services. Commissioner Clint Manson from Social Services has close ties with the Amish Community."

On September 6, I again talked to both Ervin and Michelle. Michelle said, "Uncle David, ever since this took place, when I talk to Social Services either by phone or in person, I end up in tears. I can't take too much more of this."

"I know, honey," I said. "What they're trying to do is break you. They're working on behalf of your parents. Don't let them get away with it. I'll see what I can do, okay?" On top of this school was to start on Monday and Michelle had no choice but to send her brothers and sisters to the Amish school where her Dad was part of the school board, which would give Andy Miller an indirect way to punish his children again. I weighed out my options and decided to take my fight to the public through the media once again.

At that point I was too emotionally involved to think of the consequences. I was hoping by doing this that the public would flood Social Services phones, and that this, in turn, would force Social Services to lay off Michelle. Before Saturday was over, I talked to Michelle at least twice and Ervin three times. I made them aware that I called Earl Denver of WWNY TV in Canton, New York . He wasn't in so I filled his message machine up twice. Then I called WWNY, the Watertown TV station , and talked to reporter Mary. I had three lengthy phone conversations with Mary that day. She agreed to have a TV reporter up at the Miller residence first thing Sunday morning.

On this special Sunday, September 7, the Amish were having church right across from the Miller residence, and there might possibly be a conflict. Sunday morning, at about 10:00 a.m. est. a TV reporter arrived at the Miller residence to do an interview. This interview would last a good three hours. Everyone focused on the Miller children, not on the church across the road, because in less than 24 hours, the children were going to be forced to go to the Amish school. This would be their first major contact with any Amish since the arrest of their parents on May the 8th. Channel 7 would air pieces of the interview later that night. I had it set up where channel 7 would continue to interview the children for the next 72 hours.

On September 8th the TV cameras were there when the children arrived at the school. They were there again on the 9th and 10th. CBS channel 2 out of New York City, agreed to do an interview and give the case national attention. My first contact with Lisa Hunt of CBS was on the evening of the 8th. September 9th she had a TV camera crew waiting at the Dallas Terminal when we arrived with a load of freight that we picked up in Laredo, TX. It was about 4:00 p.m., and we did an hour and a half interview. At the same time in Ohio, Ervin was being interviewed and so was an Amish preacher, Dan Raber.

This program was supposed to be put together in Watertown, N.Y. The video of Ervin and the preacher from Ohio was flown to Watertown, N.Y. where it would air on the 10th of September on the evening news with Dan Rather. However, our interview was brought to a sudden stop by a phone call to CBS Headquarters. CBS Headquarters in New York never got to view our statements before we were grounded.

Our video should have been flown to Watertown, instead, it was flown to New York City. The Amish settlement in upstate New York was feeling the pressure with all the T.V. cameras. Especially on September 9th and 10th when it got out of hand due to news media. Nevertheless, the Miller case was on Dan Rather for about five minutes and received some national attention.

We were also able to get about a 60 second shot in July on ABC 20/20 on the Miller case, and in July we got one on WWTI TV, channel 50 out of Watertown, which is also an ABC station. At the time the only thing that was on my mind was how to save these children. The only way we had ever been able to gain any ground on the case was because of TV coverage.

I believe I was doing the right thing, but by September 10th I was catching a lot of flack for what I was doing concerning all the news coverage, even from very close friends. Personnel from Mr. Haynes's office advised me that I wasn't to talk to any TV reporter or anyone with a paper and a pencil.

Jack Wayner and his family, the ten remaining Miller children and my family and I, have all been told not to speak to any TV or newspaper reporters. Social services has clearly stated if we did, the Miller children would all be distributed into foster homes throughout up state New York. At first that really hurt, but then I had time to evaluate what I had already done in this case, and realized that I gotten so personally involved with these children and their fight for justice, that I had partly lost focus.

Looking back, I admit it was overkill with TV cameras on the week of the 10th. On September 11, I called all the TV stations I had called earlier in the week: ABC, NBC and CBS. My conversation was limited. I asked each and every one of them to withdraw their TV cameras from the Miller residence and stated that I no longer wished to comment on the Miller case, nor did I wish for the Miller children to have any more media coverage.

I thanked them for their help and their interest in the case. I asked those TV stations that had received some of my material to please return it to my home address. When I talked to Lisa Hunt from CBS in New York, she was very nice. She wished me luck on trying to save my nieces and nephews, and I thanked her for trying to help. Lisa also agreed to send me a copy of what had aired on Dan Rather's newscast concerning the Miller children. I received it a couple of days later, along with a letter of apology for cutting us from the program.

No matter what anybody might think about TV news coverage, there are people in the TV industry who truly care.