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CHAPTER 24

The week of the 25th of September the Miller children were preparing to go to court, as Emma and Andy tried desperately to move back home. It appeared that Andy and Emma were more concerned about the material aspects of their wealth than they were about their children. The Miller children were under a lot of pressure emotionally . What if the Judge were to rule in the parents favor? If they have to move, how are they going to survive? The day the Miller children went to court we were sitting on pins and needles.

By 12:00 noon we couldn't wait any longer so we called Donna Wayner, the Miller children's neighbor, to see if she had heard what the outcome of the hearing was. She said there was a news flash across Channel 7 that Andy and Emma Miller would be allow back in and the ten remaining Miller children would be moved out of the residence in the St. Lawrence County. Fran made this call, as I was standing by impatiently chewing on my fingernails. She turned around and gave me the information with a sad look on her face. Fran was hoping the children would have been allowed to stay at the farm.

"The parents who abused them should be the ones to find another place to live," she said. I agreed, but our goal was to protect the children from further abuse.
"The kids being separated from their parents should provide that safety net. Let's just be thankful for the judge's ruling today."

Fran replied, "I guess if you look at it that way it's not so bad." I couldn't wait to call Michelle later on, after she got home from court. By 2:30 p.m. we finally reached Michelle, and had a lengthy conversation with Michelle. In one way Michelle was relieved, but in another way she was not.

Michelle said there weren't a lot of Amish in the Court house, most of them couldn't even get in the court room, since Family Court was now open and it was first come first serve. Jeena, the reporter from WWTI TV, was there, as was Clyde Jarvis the Watertown newspaper reporter, and Earl Denver from WWNY in Watertown. None of them had any cameras or recorders, due to the prior ruling September 22. Social Services had made no effort to get the children to Court. If it wasn't for the Renewal House, I don't know how the children would have gotten there.

If it wasn't for us constantly contacting the Governor of the State of New York, and the Governor himself contacting the State Police, and Jim Turner being assigned to this case the Miller children wouldn't have made it. Jim Turner was a true professional, a credit to his uniform. He'd never seen the clothes these children wore, or the religion they belonged to. Jim only saw child abuse, and Jim made me aware of the Renewal House and told me to call the Agency, which specializes in helping severe child abuse cases.

This Agency has done an outstanding job for my nieces and nephews. Michelle said they were glad to give them a ride to court and be there in court to give them support. Michelle also said that her Mom and Dad's attorneys, along with Social Service’s attorney, won the argument in court, because the ten Miller children had to be removed from the farm within 30 days.

I said, "Well, Michelle, at least you're not all being split up."

"You know what, Uncle David, Social Services can no longer threaten to put my brothers and sisters in foster homes, which is something they've done a lot these last 30 days." I knew that was true.

Since the court date on August 24th, Social Services had been anything but nice to these children. They really put pressure on them, trying to break them. They were all hoping I could fix things for them. I tried every way I knew how, but legally my hands were tied. Pam Reaper, the children's caseworker, had to report to Mr. Hyde every 14 days. That was another good ruling by the court. When court was over Michelle had a brief conversation with Mr. Hyde.

Mr. Hyde stated, "They wanted to remove you children from the Amish residence, and they won. The State said that they wanted to look for a home for you all near Heuvelton, New York. Well, I got news for them. Social Services will have to find a house that's big enough for all ten of you, and I want dressers and chairs for each one of you. Also cooking utensils, and a large dining room table where all you children can sit down and eat." Hyde added that the home would have to be up to state specification for 10 children.

Mr. Hyde said, with a big smile on his face, "I can't wait to give them my order. It would have been a lot cheaper to keep the children on their Amish farm and keep the parents out, than it is to remove the children." Social Services stated earlier that it would cost the State $40,000 a year to place these children into foster homes. Once these children were removed, the children's attorney can force Social Service to comply with all the state's regulations. Whatever house they lived in would have to meet State specifications.

In upstate New York this won't be an easy task. I think the New York specification is 2 children per bedroom, which would mean a 5 bedroom home. Even if they were to make an exception and put 3 children to a room, they'd still need a 3-bedroom home. If they found an older home in the little town of Heuvelton, where could the children put their horse and buggy? How were they going to get these children back and forth to their Amish school? And what about the issue that the parents' attorneys and Social Services were forcing these children to go the Amish Church? Going back and forth to school or church in a vehicle is against their religion.

And let's just say they don't turn on their electricity in their new home. What would they do for water? In the country, they might have a well, but it would be equipped with an electric water pump. Would the State put a hand pump on the well and build an outside toilet? This would make a good argument for an attorney. I could easily see why Mr. Hyde was smiling when he left the courtroom. Social Services seems to have bit off more than they can chew this time.

What about the churches? Andy and Emma's attorneys and Social Services were forcing these children to go to church where Andy and Emma went, which could open the doors for a lot of problems. I have no problem with the Miller children going to an Amish church. In fact I advised them to stand on these issues, tell the local legal system they would love to go to church as long as no one was allowed to speak to them about the case while it was still pending.

The Bishop, the preachers, and the elders of the church would not be allowed to harass them in any shape or form. And Andy and Emma must refrain from any contact whatsoever with their children while in church on Sundays. If the Amish agree to these rules, I think it would be nice if the children could go to church. After looking all over this I knew the next 30 days were going to be anything but dull. But we did have one thing in our favor now. Mr. Hyde was now completely on the children's side.

September 25th through 27th, we focused on taking care of personal business, staying busy trucking and talking more on the phone with our daughters. Our youngest daughter Rebecca was in eighth grade and was the manager of a volleyball team in Buckeye Trail Middle School. So far, their team had been very successful. They'd won every game. When volleyball season ended on October the 11th, Rebecca wanted to try out for basketball. Debra Kay, known as Katie, is also looking to sign up in Guernsey County Southeastern Medical Hospital where she will spend a couple hours in the evening after school every two weeks in a nursing explorers program. I think this is a super idea and a good program. It will give her a lot better ideal what field she'd like to pursue.

I feel very close to the Miller children. I have learned to love them like they were my own. I have listened to them cry, and I have cried with them. I have shared their fears, and I have seen them jump for joy. I have heard them laugh, and I've laughed with them. I've watched them play. After all that's happened, I've become very close to my nieces and nephews.

My joy comes from knowing I helped them, that I did something good for them. I'll never forget when I told them that I was bringing the TV cameras, and explained to them why, how happy they were. This meant somebody was finally going to listen. They were going to get to speak their piece, and the Public was going to hear about their abuse. It does my heart good to see them smile again, and not have to worry about getting beaten every day.

On September 28, I talked to Ervin just to check on them and make sure everything was still going all right in New York. He said things were as good as could be expected. On October 1st, I talked to Ervin again. He talked about his parents being forced to get counseling, to see if they could be rehabilitated and could be taught how to be fit parents again. He talked about how he felt about being excommunicated for trying to help his brothers and sisters and how his own brother James continued to turn his back on his brothers and sisters. He talked about Peter's nervous break down, and his subsequent confession to the preachers about the actions Ervin took. He said that James and Peter no longer wanted to prosecute Andy on the felony charges. The last couple of weeks Peter had been trying to get really close to Ervin again, probing him for information.
Peter said to Ervin, "I know something is going on, as much as you're hanging out with that Uncle David."

Ervin said, "Uncle David, what's going wrong is that I can't trust my brother Peter any more. Anything I'll tell him, he'll tell to the preachers or whoever he comes in contact with."

Then Ervin laughed, and added, "Brother Peter can't help it. He tried but his mind just couldn't take it. I don't hold it against him." I agreed with Ervin, and that was the end of the conversation.

On October 2, I talked to Ervin again. I was somewhat shocked and surprised at what Ervin had to tell me. But I was also half expecting it, because of the conversation Ervin and I had on October 1st. Ervin said that Pam Reaper a caseworker from Social Services, had a conversation with Michelle earlier that week, Pam said she didn't blame Michelle if she and her brothers and sisters never wanted to live in the same house as their parents.

I said, to Ervin, "I hope you realize that's probably a snow job." Ervin agreed.
I talked to Ervin three different times on the evening of the 2nd, each time for about twenty to twenty five minutes. The first time I called Ervin was about five thirty p.m. I asked if he had talked to Michelle, and whether Social Services had found a place for his brothers and sisters. Ervin said he hasn't talked to Michelle yet, and that he wasn't aware if Social Services found them a house yet. I told Ervin that my gut was telling me that something was up. It was one of those feelings, inexplicable, that tells you something is wrong. I felt danger.

The Miller children's great Uncle Enos Miller lived half a mile down the road at the time of the beatings that Michelle took in 1995. Enos had tried to stand up for the children and stop the beatings, but he was quickly made aware of the small role he played in the Amish Society. Elmer Miller, a brother to Enos Miller and a grandparent to the Miller children, who is also a preacher in the Amish Church, had on a few different occasions told his son Andy to slack off the beatings. However the results were short lived. Bishop Jacob Miller testified in court to his knowledge of these types of beatings, and in fact Okayed them. These are things my nephew talked about on our first phone conversation.

Ervin paged me at about 7:00 p.m. to tell me that he spoke to Michelle and that Pam Reaper from Social Services had found a house only half a mile down the road from the Miller residence. The Miller children were only notified of this on October 2nd, which was a Thursday evening. They wanted them moved by Saturday morning. I am familiar with the home. It has 4 small bedrooms, three upstairs and one down stairs.

I don't think the house has been painted since 1980. It also has a very tiny garage, where the children were supposed to keep the horse and buggy and also the hay and feed for the horse. I didn't see how it would be big enough for that. I knew the home had been vacant for about 3 years and was in bad shape.

Someone had started to remodel the inside, but got disgusted with it and quit. This home wouldn't be considered livable for you and me. Even worse, living there would mean that the Miller children would have to walk past their parent's home going to and from school. With all this in mind, I urged Ervin to contact Mr. Hyde immediately, tell him the condition of the house, and then page me.

At 7:30 p.m. my pager went off. I called Ervin for the third time and asked him if he made Mr. Hyde aware that this home wasn't up to state guidelines. Ervin said, "Yes, Uncle David, I sure did."

"What was his response?"

"Mr. Hyde said everything has been really quiet with Social Services, it's about time they tried something new. Hyde said the first thing tomorrow morning; he and Michelle would go out and look at the place.”

Ervin also said, "Mr. Hyde, are you also aware that my brothers and sisters will have to walk past my Mom and Dad's place to and from school?"

"No, but it's very interesting how this is being set up." Mr. Hyde made Ervin aware that he was to have a meeting with Joe Miller, the head of the school board where his brothers and sisters go to school. Joe Miller's 15-year-old daughter is also the schoolteacher there. Michelle had complained to Mr. Hyde that her brothers and sisters weren't even allowed to turn their heads as they sat at their desks, that this 15-year-old teacher was being extremely strict.

Mr. Hyde said, "Ervin, that's emotional abuse." Ervin also told me that he thought Mr. Hyde thought the house wasn't quite as bad a shape we'd portrayed it to be.
I said, "Ervin that's fine, as long as he’s going out there tomorrow. He'll see for himself." Ervin also told me that he'd been inside the house in the past and it was a mess. Ervin was also thinking about talking to Channel 7 TV, the CBS Station in Watertown . I had given my word to a good friend of mine, after my last show of media force in September that I would step back and let the Mr. Hyde do his thing with the legal system without my interference. That was a promise I made and a promise I intended to keep.

October 3rd was a day of argument between Mr. Hyde and Social Services. In fact it was such a heated argument between Mr. Hyde, caseworker Pam Reaper and the Social Services attorney, that in order for Mr. Hyde to win the argument, he had to take it all the way to the top to Commissioner Clint Manson of Social Services. That same morning at around 9:00 a.m. Ed Hyde showed up at the Miller residence.

He picked up Michelle, Kevin, and Rachel to look at the new home Social Services was trying to force them to move into. From there they drove up to see Josh Owen who owned the house, to get permission to look at the house at Kokomo Corners. Josh Owen was truly nice to work with that day. He gladly showed the house to the Miller children, and as they went through the house the children and Mr. Hyde looked it over closely. There was no stove or refrigerator in the house. The toilet and bathtub were beyond cleaning up. Somebody had started to redo the house. Though the upstairs was nicely painted, the downstairs was a total mess. There were tools left lying on the floor along with boards and trash everywhere.

At first Mr. Hyde said no. But the more he looked at it the more he thought it could be livable, but it would take time to get it ready before the children could move in. Josh Owen agreed to put a new electric stove, refrigerator and toilet and replace the bathtub. He even agreed to buy the paint for the down stairs, and pay the Miller children for doing the work. It was such a mess, with broken glass everywhere, that it wouldn't even been safe for an adult to live in. In fact it was so bad that my nephew Kevin, who is 19 years old, got cut with a piece of glass while looking at the house.

It scares me to think that Social Services and the Amish have been working together throughout this case. Social Services had been working hand and hand with Bishop Jacob Miller and his preachers. In fact, what took place in the Miller case might very well cause another split among the Amish Miller churches.

There were a lot of Amish who admitted that there should have been something done for these children a long time ago. Those same Amish are saying that the Miller children and I might have gone somewhat overboard in the actions we had taken.

But as an old order Amish member of the church from upstate New York said, "It's not their fault, it's our own fault. We are all guilty. We all knew about this and did nothing. And those of us who tried to say something were quickly shut up."

Ed Hyde and the children had reached a good agreement with Josh Owen, which would have allowed the children to be moved by no later than the 14th of October. Remember the court had ruled that the children had up to 30 days to get out of the home, and that would have been more than a week before the 30 days were up. But after Mr. Hyde and the children reached an agreement with Josh Owen, they had to call Pam Reaper from Social Services to see if she would accept this agreement.

By about 10:30 a.m. Pam Reaper arrived at the Miller residence along with Mr. Hyde. Again Michelle, Kevin, Rachel, Mr. Hyde and Pam Reaper went to Kokomo Corners to look at the house. Pam had already made arrangements with the Amish who were on the side of the parents, to donate their time and do anything to get the children out of the Miller residence. Pam Reaper said they were willing to be at the house the first thing tomorrow morning and move the children.
The only arrangements Pam Reaper made were that the children could bring their beds and dressers from home. In fact, Pam had made no arrangements for the following items: kerosene lamps, so they could see in the evening and in the morning, a table, chairs, and most of all, a stove.

What about the sanitation conditions? There was a drilled well on the property, equipped with an electric water pump. No electricity meant there was no drinking water. It also meant you couldn't flush the toilet, or take a bath. The garage was still full of trash. There was no way you could tie a horse inside and feed him. I began to suspect that Pam had been paid off.

Mr. Hyde tried to reason with Pam, but she wouldn't listen to reason at all. She said the Amish were all set to go and that she was moving the children and that was all there was to it. Pam was so furious that as they were leaving the house she couldn't even walk straight. At first Pam upset the children, but they soon realized how ridiculous she was being. As they were walking out of the house the children were walking behind Pam, quietly laughing at her for not even acting like an adult. Mr. Hyde was up front, and he just couldn't help it anymore either he laughed right in Pam Reaper's face, and asked her what the problem was that she could no longer walk right.

Mr. Hyde had a good argument, and one that was winnable in court that the house had to be brought up to state code. Had they not backed down, I think Mr. Hyde would have been ready for media support. I was prepared to get a plane ticket and fly to New York if I had to.

I was starting to have a lot of faith in Mr. Hyde and respect him for what he had done for the children in the last 30 days. I waited patiently-- impatiently, really, until around 6:00 that evening when I got word that Mr. Hyde got a postponement and an agreement regarding the children's move, from Commissioner Clint Manson at 5:30 p.m.

The last person who had rented the house, had taken a vacation and left his dog there, alone, for an undetermined time. The dog couldn't go outside the house; therefore he relieved himself downstairs on the floor. There were bones scattered all over the floor, and a large marijuana plant in the closet upstairs. There was a large container of water in the living room on the floor and a dead deer thrown down on the floor for the dog to eat.

Bishop Jacob Miller showed up, with a mattress tied on top of his buggy, to help clean the house. His brother Levi also showed up to help. Jonas Miller, the Miller children's oldest brother who lives across the road was also there to help clean. Mahlon Yoder's son Ray showed up, as did Emanuel Swartzentruber and his wife who are live near Lisbon, N.Y.

They picked up Andy and Emma from Canton where they were staying and brought them out to the Miller farm where they were to meet with two female supervisors from Social Services. The Miller children recognized one of the women but the other one was a new face to them. Pam Reaper was nowhere in sight. It appeared that Pam Reaper had been temporarily removed from the case. I can only speculate that it was because Pam threw a fit the other day.

The two female supervisors were firm and to the point, especially the new one. She told Andy and Emma Miller that whatever the children used in the previous five months that was what they were going to take.

Andy said, "Well, they can't take the dining room table. We have a little table which seats four in the living room. They can take that."

The new female supervisor said, "No. They'll take the dining room table and the chairs and benches that go with it. You can use the small table. In fact, Andy, while we're at it, the children will be taking your two-seated buggy and a buggy horse. They'll also take your horse and a one seated buggy."

"You can't do that," Andy Complained. "That leaves me without a buggy horse."
The new female supervisor looked at Andy and said, "You do have work horses, correct?"

"Yes, but."

“Then the children will take the two buggy horses, the two-seated buggy and the one-seated buggy. That's the way it is." Then she and Emma got into it. Emma tried to tell the two female supervisors that the children didn't need an electric stove down there, that she had two.

The supervisor said, "Okay, Emma, where's your second stove?"

"Out in the wash house."

"Good you can use it. The children will take this one in here."

Emma cried, "Oh no, they can't. Then I won't have a stove."

The supervisor replied, "Well, Emma, it'll either be this stove or an electric stove. And since you say they can't have this one, they'll have to use an electric stove.”

There's a bit of history to that old stove my sister was trying to give the children. It was the first stove Andy and Emma bought after they got married, which was in the late sixties. The stove was manufactured back in the 1940's. The fire box which was brick lined and very small, didn't bake very well, and it sure didn't heat like the one Emma had in the kitchen, which was a Pioneer cook stove.

The Pioneer stove was about eight years old and still in good shape. A Pioneer cook stove is equipped with a big firebox and brick lined. The whole top heats up, and bakes very well. A Pioneer cook stove sold for $1275 brand new. They aren't made in the United States; they're made in Canada. The old cook stove was worth $50 tops.

The reason that Bishop Jacob and his brothers Levi and Emanuel Swartz brought mattresses was because the mattresses on the children's beds were unacceptable. They were worn out when Andy and Emma bought them 20 years ago. If Bishop Jacob, Levi, and Emanuel didn't donate those mattresses, they'd have to buy new ones. They preferred to donate their old ones.

After the two female supervisors were finished explaining to Andy and Emma what the children were going to take, Emanuel Swartz and his wife along with Andy, Emma, Kevin, Rachel, Paul, and the two supervisors went a half a mile down the road to the house at Kokomo Corners where the children were going to be staying. All the Amish were under strict orders that they were to speak English and English only. No German or Pennsylvania Dutch.

Around 11:30 a.m. my nephew Paul came back up to the Miller residence to get lunch for everyone. Michelle had prepared soup, bologna sandwiches and store bought donuts. Paul took the lunch down to Kokomo Corners in the buggy, because Michelle said she didn't want all the Amish up in their house. It seems to me the Amish should have brought their own food since the children were on welfare benefits.

Right after lunch I talked to my niece Michelle for a good hour. Michelle explained to me what happened to her earlier that morning before her parents got there, when she went down to Kokomo Corners with the buggy and the horse named Cherry.

Cherry was feeling extra moody that morning and all the way there Michelle had all she could do to hold him back. As Michelle arrived at Kokomo Corners and she tried to steer him clear of a wagon. For some reason Cherry completely disobeyed her orders and ran right into the team of workhorses. This caused the buggy to come to a sudden stop. Michelle went flying out the front of the buggy and landed on her knees by the wagon. This caused a three-horse pile up and commotion in an instant. The buggy shafts were broken.

The two horses ran away with the wagon and all tangled up with Cherry. Michelle thought for a while the wagon was going to run right over her but they barely missed her. The two workhorses were unhurt, but Cherry had gotten a major cut on his chest below the collar between his two front legs. The vet had to put him to sleep to stitch it. Andy was ordered to take care of Cherry until he heals up, because otherwise it would create an unnecessary expense for the children.

I asked Michelle if they were going to church tomorrow, because Social Services and the Amish have been pressing this issue. Mr. Hyde had agreed in court on the 24th of September that they would work on getting the children to church.
Everything went well down at the house cleaning. No German words were spoken. I hope everything will go well in church tomorrow. Michelle said she couldn't wait to see us next week when we arrive up there , that they had a lot of work for us to do and they missed us. We missed them, too. Michelle said that Catherine and Malinda would go with Rachel, and Raymond would go with one of his older brothers in church tomorrow. I wished her luck as I hung up the phone.
From October 5th, until October 7th, I stayed busy trucking. I talked to my nephew Ervin on the 5th. He'd already spoken to Michelle. Ervin told me that his brothers and sisters had gone to church and everything went great. The only problem they had was Atlee Byler's son, Tony, who was trying to get something started against the children. However, nobody else paid attention to him. Rachel, Clara, Catherine and Malinda had no problem at all. In fact, my brother Pete's children were very nice to their cousins (the Miller children) in church. The Miller children were now looking forward to moving to Kokomo Corners, hoping they could get on with their own lives.