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CHAPTER 27

The Miller children have been smelling raw sewage at their home at Kokomo Corners since Thanksgiving of 97. Their stove, washer and the plumbing throughout the house aren’t working properly. Why the children's attorney or Social Services doesn't work to correct this problem, I'll never understand. I think the pressure is getting to everyone involved in this case, including my sister Emma.

In December of 1997 Michelle went to Hepburn Hospital on three different occasions. All three times there were extensive tests done and all results came back negative. At that time there was also a lot of friction in the Miller children's home, to the point where Michelle would order all the children out of the house at times. This deeply concerns me. I'm so afraid Michelle's personal hatred toward her parents will keep her brothers and sisters from going home for Christmas and New Year's. Reunification between the Miller children and the parents may not be possible.

On December 22, my sister Emma was found crying convulsively at her sewing machine while she was sewing clothes for the children, when her son Kevin walked in the house to see if he could borrow something from his parents. My sister Emma has stated in the past that she would do whatever it took to get her children back. The week before Christmas, in a visitation, my sister tried to give her daughter Malinda a kiss on the forehead. Andy was quick to tell her she was not allowed to do this.

The children agreed to go home for Christmas and New Year's, except Michelle. Ervin had a lengthy phone conversation with her concerning this issue. Michelle finally broke down and cried twice, and said, "Yes, I know Ervin, our mother wants us home for Christmas and New Years, and she wants a second chance. I honestly believe no harm will come to us from mother, but I am concerned about our father."

Ervin said, "I understand."

Michelle had thrown a major fit because she didn't want her siblings to spend Christmas with her parents, but she agreed to give it a chance. But just 48 hours later Michelle's heart grew cold and there was no way she was going to let her brothers and sisters spend Christmas and New Years with their parents, even if they wanted too. Rachel, Kevin, Paul, Betty, Stephen, Clara, Raymond, Catherine and Malinda had all agreed to spending the holidays with their parents.

Perhaps in December of 97, I was wrong to suggest that the children spend Christmas and New Years with their parents. From a legal point of view, Michelle was right. The question is whether she was right from a moral standpoint. After Michelle threw a fit about her younger siblings spending Christmas with her parents, I didn't challenge the issue.

In the month of January the case took another twist. On January 10th Ervin picked up a letter from his post office box, which was from Social Services from the state of Ohio. The letter clearly stated that if Ervin didn't respond back to their office by the 9th of January, their office would assume that Ervin, Peter, James, Mary and Anna, the Miller children from Ohio weren't willing to provide a home for their younger brothers and sisters from Upstate New York. To me, this could only mean one thing: that Social Services from New York were possibly looking to place the Miller children in a more secure environment.

I realize now that just because Kevin, Rachel, Paul, and some of the younger children had made remarks that they would like to go home for Christmas and New Years, I shouldn't have suggested that they do just that as this just made the friction worse between the Miller children. Also in January, I received a four or five-page document from Ed Hyde, along with a letter from an Amish preacher from Wayne County, Ohio.

The 52 Amish Bishops I've contacted in the past have all agreed that they believe it would be better if the Miller children could make peace with their parents, and that they feel unqualified to step forward and help the children. I was supposed to hold a major meeting with the Amish Bishops from Wayne County, but I decided to cancel the meeting.

In February of 98, the conflict between Michelle and her brother Paul came to a head and Paul ran off on February the 4th and went home to his parents. The information I've received through the Miller children is that Michelle called Social Services the following morning and pointed the finger in my direction, stating that I had to have come up and taken Paul. By 4:00 p.m. our daughters at home received a phone call from Social Services in up State New York. I received a page around 4:30 p.m. from our daughters and I called home. They told me that caseworker Pam Reaper needed to talk to me A.S.A.P.

As soon as I got off the phone with our daughters, I called Pam. I tried to fully cooperate with Social Services and answer their questions. At 11:00 p.m. that night Cambridge Detectives knocked at our door and woke up our daughters. They were looking for Paul Miller, despite the fact that I'd told Social Services in New York that I didn't know Paul's whereabouts.

If Michelle thought I had anything to do with her brother Paul running off, she could simply have paged me and I would have gladly told her differently. Michelle reminds me of a tiger who has been wounded and is cornered. She'll strike at anyone who steps in her path.

The truth was Paul was only a half a mile up the road staying with their parents during that time. Paul notified Ed Hyde, his parents notified their attorneys, and Social Services were also notified about this. Andy and Emma Miller were told if their son Paul was going to continue to stay there that both of them would spend six months in jail for violating a Court order. Therefore Paul went across the road and stayed with his brother Robert temporarily.

If Andy and Emma were considered so dangerous to their own children that they had to spend six months in jail sentence for this violation, I wish somebody would explain to me how these two dangerous individuals could have an Amish boy staying with them since October of 97? What about this innocent child's safety?
The Miller children went to Court twice on February 13th and again on the 20th. On the 13th Social Services was ordered by the court to improve the living conditions for the Miller children. On the 20th my nephew Paul was set free by the State of New York to go on his own.

The month of March of 98 the children are scheduled to go to trial. My nephew Paul has stayed a couple weeks with his parents after the last court date in February. Paul has since decided to move in with his brother in Wayne County, Ohio, just to get away from the whole case. Paul said he didn't think any harm would come to his brothers and sisters if they were to stay at home with their parents. His parents treated him nicely, but perhaps too much has happened in the past.

Since February the 20th court ruling, Andy and Emma were now allowed to go to the same church with their children. Visitation has increased. It also has been brought to my attention that since November of 97 the parents have no longer attended any counseling services on order from their Bishop and Preachers. This could very well keep the parents from ever receiving custody of their children.
Instead their Bishop and Preachers are counseling them on how to raise children. This deeply concerns me because Bishop Jacob and the Preachers knew all along the children were being abused. In fact Jacob had Okayed these extreme corporal punishment methods that Andy and Emma had used in the past to control their children.

On March 19, 1998, the children went to court for what appeared to be the final custody battle. Michelle also signed papers with Social Services to start procedures to take her parents to court to pay her child support for six of her younger brothers and sisters. Lately, I find myself on the phone quite often with either Ervin or the Miller children. My only goal now is to support the children and keep the pressure on Social Services through the Senator's office and other means.

On March 25, 1998, the children went to court again. Deacon Kevin Yoder from New York testified on behalf of Andy and Emma and the church. In his testimony, Kevin clearly stated that the Amish in Upstate New York wouldn't take any action to support the Miller children as long as Social Services or anyone else outside the Amish community was involved.

The counselor who the parents and the children have been in contact with since May the 8th also testified today. She testified that Emma Miller had told her at one point that she was severely beaten herself. She confessed to being abusive toward her children, adding that she didn't know why she'd done it, but that now realizes it was wrong. Emma broke down crying in the courtroom, though she later appeared relieved that things were out in the open. At the time, I believe she feared for her safety.

When this testimony was given, Andy almost stood up in the courtroom. He appeared very uneasy for sometime after that. Andy and Emma were both scheduled to testify that day, but after that they both refused. I expect Andy will be subpoenaed at a later date to testify. This is why I found it so hard in the past to stand up against my sister.

It's like Emma is being doubly victimized. She has been seriously beaten in the past and now she's caught in a legal battle trying to get her children back. Neither the Amish nor her husband will allow her to continue to go to her counseling sessions.

I feel sorry for Emma, she gave birth to eighteen children, had two miscarriages, and had been severely beaten by her husband for years. Nevertheless, Emma is guilty of the attempted murder of her daughter Clara in 1986. I'm convinced she's guilty of murder of her daughter Christine, but because she wears the Amish clothes she is walking free today. Back in 1986 when Emma tried to kill her daughter Clara, the Amish should have gone to the local legal system and pressed charges. But the Amish don't like outsiders involved in their affairs.

In January of 98, my niece Michelle and I had an opportunity to be on the front page of U.S.A. Today, the front cover of People magazine and the front cover of Life magazine. This was something I had set up. I had told Mr. Hyde in January if this problem with the raw sewage wasn't corrected I would take it to the public. But Mr. Hyde and Social Services were quick to respond to my niece Michelle, stating if your Uncle David does go to the news media and you have any part in it, they would both refuse to work with her. I canceled it and pulled back! Now it is March of 98 and there's still a very large area of contaminated raw sewage behind the house.

During the month of April of 98, the Miller children will be appearing twice in Court. This puts a lot of pressure on the children. Andy and Emma appear willing to work with Social Services as long as it is within the guidelines set by the Amish church. On April 10 of 98 Andy Miller testified in court and tried to explain why his children should return home. He said the children were completely out of the control of the Amish community, and they were losing their beliefs.

Social Services wants the Family Court Judge to rule in their favor and award DSS another year of custody while they work toward reunification of the family through counseling and other services. Placement of the children would continue with their older siblings at Kokomo Corners. Andy further testified that it is against his beliefs to give no corporal punishment at all.

Andy said, "Corporal punishment is the corner stone of our church. It should be done in a cool reasonable way and do the children no harm." Andy had admitted that in the past 10 years that he some times had been too aggressive in his punishment methods. Andy further stated that he made numerous confessions in church.

Andy said, "In the last five years I've practiced more time out, more communication and a waiting period to keep from over reacting in stressful situations."

Social Services said if significant progress toward reunification wasn't made in the next year, they would consider placing the children with me in Ohio. Mr. Hyde had desperately tried to get Ervin to testify in court against me.

Mr. Hyde asked Ervin, "Would you be willing to testify against your uncle stating that you don't think it would be a good choice to award him custody of your five youngest siblings."

Ervin said, "Mr. Hyde, I'm willing to testify, put me on the stand. But I will not lie about my uncle after all the things he has done for us. In fact, if my uncle was awarded custody they would be well taken care of."

Mr. Hyde said, "That is the way you feel about your uncle, I see." Mr. Hyde had made this statement to Ervin while court was in recess. Ervin told me that Mr. Hyde gave him the cold shoulder after that and took his sister Michelle on the side and had a private discussion with her just before court was in session again.
Ervin said, "Mr. Hyde never gave me the opportunity to testify."

Michelle testified that since her uncle was excommunicated from the Amish church she didn't think her brothers and sisters could stay Amish if he was awarded custody. The parent's attorney in cross-examination asked Michelle if she thought being excommunicated was a bad thing.

Michelle said, "Yes, I do think it's a bad thing being excommunicated."

The parent's attorney said, "I see, is your brother Ervin not also excommunicated from the Amish church?"

"Well, yes," Michelle said.

The parent's attorney asked, "Do you believe it's a bad thing that your brother Ervin is excommunicated from the Amish?"

"Well, yes I do," Michelle, replied.

Mr. Hyde said, "Michelle, is there other reasons your uncle shouldn't be awarded custody."

"Just knowing my uncle the way I do, he's never home, he's always gone, and he isn't even there for his own children."

"I see," Mr. Hyde said. "Michelle, why do you think it's important that the children remain in St. Lawrence County, New York?"

Michelle replied, "So we can keep them within the Amish community."

The Judge asked Michelle, "What do you think would be best for your brothers and sisters."

Michelle said, "Your Honor, stay with me at Kokomo Corners, I'm like their mother. I've cared for them since May 8, 1997."

"I see, how are your brothers and sisters holding up emotionally and otherwise," asked the Judge.

Michelle replied, "Your Honor as good as can be expected."

"That is all Michelle, you may step down," the Judge said.

That evening in the phone conversation I had with Ervin he said, "Michelle didn't only put you down, she put me down as well, and to think that I am the one who called the St. Lawrence County Sheriffs department on May 8, 1997. David, I'm the one who got this case started."

I said, "I know Ervin, how right you are and I'm sorry that Michelle testified against you after all the things you have done for her.”

It's true that I don't spend the time with my children I'd like to, but my daughters are happy, healthy, and well adjusted. What about the five younger Miller children, what do they want? Shouldn't that count for something? They want to move to Ohio and live with their uncle, use the computer and get a proper education. This shouldn't be about what I want, what Michelle wants, or what the children's attorney wants, it should be what the five younger Miller children want.

Closing arguments were scheduled for April 27, 1998. The Family Court Judge has ordered all parties to submit their closing arguments in a written statement. I believe this was done to keep the closing arguments out of the newspapers.
At this time, I don't believe Michelle, Rachel, and Kevin will stay Amish. I can't help but to feel sorry for the Miller children and their parents. Michelle has modernized. She is now wearing jeans part time and has also cut her hair. Kevin is also wearing jeans and rides a bicycle back and forth to work.

By the week of the 13th of May, Rachel has also cut her hair and is wearing jeans. Even though the older Miller children have shed their Amish appearance the younger siblings are still wearing their Amish clothes. Michelle stated that she also wants to get her G.E.D., go to college and get a degree in nursing.

Social Services has finally repaired the Miller children's septic so there's no more raw sewage. Social Services didn't only redo the Miller children's septic system; they also repaired their floors throughout the downstairs of their home. If it weren’t for the pressure that was applied through Washington, D.C. on Social Services this probably wouldn't have happened. On June 9, 1998 a very tragic event took place in St. Lawrence County, New York on West Lake Road a couple miles from the Miller residence.

Jerry Smithers, D.O.B. 11-29-79, Case number 14535.

The victim is my first cousin who is married to Mr. Hostetler. Mr. Smithers was well enough acquainted with the Hostetler's family. In fact, as distant neighbors he knew that Mrs. Hostetler would be by herself on June the 9th. Mr. and Mrs. Hostetler had only been married a couple years and she just recently gave birth to their second child.

On June 9th between 3 and 4 a.m. Mr. Smithers broke in the Hostetler's home, entered the bedroom, raped and kidnapped Mrs. Hosteler and left their two young children behind. His intention was to kill his victim and throw her body in the Oswegatchie River, but each time he attempted to do so he was disturbed by an on coming motorist. All this time Mrs. Hosteler was pleadeding for her life. Mr. Smithers was only 18 at the time he committed this crime. He didn't now what to do, so he took his victim back home.

Later that day Mrs. Hostetler pressed charges against Mr. Smithers for rape and kidnapping. Mr. Smithers was apprehended and charged within hours of the crime. The Amish community was anxious to support the Hostetler family. One Amish man even made the statement that Smithers should be executed. They wanted justice.

When the Miller case originally took place on May 8,1997 and Ervin pressed charges against his parents the Amish made it perfectly clear that it was against their religion to press charges, and Ervin was excommunicated. The Amish didn't want Andy and Emma prosecuted no matter how severe the child abuse was. The D.A. office wouldn't even allow the officer at the scene to make an arrest before it was first cleared with his Amish pal. But this case was different.

The D.A. didn't have to ask the Amish if it was okay to make an arrest. They acted speedily to apprehend the suspect. If you wish to rape an Amish woman or sexually abuse your daughters or wish to physically beat the hell out of your children you better be wearing the Amish clothes.

The Smithers case went to trial in the spring of 1999. Even though this was Smithers's first offense there was no plea bargain offered to him by the D.A. Although Smithers insisted that Mrs. Hostetler was a willing participant and had flirted with him in the past.

Mr. Smithers said that Mrs. Hostetler wanted to run away with him to get away from her abusive husband and when Smithers refused she cried rape.

Smithers was convicted on April 16,1999 on seven counts of rape, sodomy, sexual abuse and kidnapping. He was sentenced to a combination of concurrent prison terms, which added up to 62 ½ to 125 years in prison. The Judge imposed maximum sentences on all seven convictions and made all but two of the sentences consecutive, meaning he cannot begin serving one before completing the prior sentence.

The Judge issued an order of protection which bars Smithers having contact with the victim or her family through April 29,2132, five years after the maximum expiration date of his sentence. However, the New York State Law caps the maximum possible sentence at 25 to 50 years under these circumstances.
Had Mr. Smithers been a member of the Amish community in St. Lawrence County, New York he would not have been prosecuted.

As you compare these two cases together, both very tragic. I believe my cousin deserved justice and she most definitely received it. I also believe that my nieces and nephews also deserved justice from the D.A. Office, and they didn't receive it. The same law that applied to Mr. Smithers should apply to Andy Miller. Mr. Smithers received a harsher sentence than any single murder case that I am aware of.

In another case, an Amish man in Meadville, Pennsylvania brutally murdered and dismembered his wife and only received a five-year sentence. A much lower sentence than Mr. Smithers did for rape. This crime was so horrific, he even committed it in front of his innocent young children.

The Amish only excommunicated my brother-in-law, who raped my wife a couple dozen years ago, for a short period of time. He is now a lead preacher in a new Amish settlement in Iowa.

The Amish Culture convicted Mr. Gingerich on numerous occasions for molesting his daughters. No charges were ever brought against him. He is now living in Knox County, Ohio.

June 26,1998 ABC Peter Jennings aired a segment of Pennsylvania Amish concerning Amish boys had been involved with the Payton Motorcycle gang. This was a major drug deal. In order to make a believer out of the local community the FBI had to get involved. The two Amish boys were arrested along with the Payton motorcycle gang. This was one incident my Amish culture could not cover up.

I point to these cases to show how all are not equal under the law.

All during the Miller case Shirley, from Canton, New York who makes a living on selling Amish quilts and claims to be an expert on Amish culture, has made numerous statements defending my culture saying how non-violent they were. Shirley was constantly claiming to be an expert on my culture, yet she has never lived one day as an Amish person. The only thing she knew is what she read in books, or what the Amish wanted her to believe.

Like my parents once said, "You be very careful what you tell an Englishmen about our culture. They must not know about the bad things that happen within our culture."

When it comes to being an expert on the Amish, Shirley is anything but an expert. The only area in which Shirley is an expert is in the little store on Main Street in Canton selling the Amish arts and crafts. Through this case she had to defend the Amish culture or take a possible loss in revenue.

Usually in tragic events the local public who have very close ties to the Amish always try to come to their rescue. A small percentage of them wish they would live that lifestyle. They like the homemade cookies and coffee. The Amish make them feel important. Others like to receive the free garden vegetables or at a discount or even a special discount to homemade furniture, or perhaps a free dinette set to the right Public official.

As much time as D.A. Roy Vance has spend at the Byler furniture shop near Heuvelton in the past years I'm sure he has enjoyed some of the Amish hospitality. Byler had made it clear in the past that no matter what kind of trouble the Amish would get into that Roy had assured him they was allowed to deal with it on their own terms.

Mr. Byler further stated if anyone were to make trouble for the Amish, the D.A. would prosecute to the fullest extent of the law. According to these two tragic cases the D.A. kept his promise to Mr. Byler. At this point I am confident that if you were to enter the D.A.'s home you would find Amish artifacts in his home.
Perhaps a homemade quilt, an Amish homemade red oak dinette set. Justice should never be bought by free gifts, or should never be denied, or persuaded. The only true expert of the Amish culture is one who has lived that type of lifestyle and who isn't trying to make a dollar off its name.

Throughout this case I have been accused of many things that were not true. The Amish had tried to discredit me in any way they possibly could. I have heard statements made time and time again that I am just trying to make a dollar off my culture. I agree sometimes I think of recouping some of my expenses could be nice, but what is more important is that Amish Deception is creditable. I have tried desperately to make Amish Deception creditable.

I have dozens of letters from public officials concerning this case. I have public records concerning cases I have talked about. If I stated that the Governor of New York State and the President of the United States got involved, than you can count on that and that I have a letter to back it up. I would rather see Amish Deception help the innocent Amish children who are desperately crying for help, than make a dollar off my material. I have spent thousands of dollars just to prepare and research on Amish Deception. I expect to spend another ten to twenty thousand dollars to make this material available to you the public at no cost.

If you look at the Miller case you can see how tragic it was. There have been numerous sexual allegations made by my niece Rachel against her father Andy, which the D.A. had refused to prosecute. He has also refused to prosecute the felony assault charges against Andy. Third degree felony assault charges were filed which could have been up graded to second-degree felony assault charges. Over a half a dozen detailed sexual encounters with Rachel and sexual assault against Michelle that his own people had convicted him of. Still, Andy is walking free.

I realize that there will probably always be somewhat of a conflict between Social Services and the Miller children. My nephew Paul had to run off from Kokomo Corners because he couldn't take the pressure. Also, my little niece Catherine had a nervous breakdown due to stress in the month of June of 1998. The last week of August 1998, I called Michelle. I asked Michelle if it would be okay to come up and visit.

I said, "Fran and I really do miss your younger brothers and sisters."

"Uncle David, I don't think it's a good idea," Michelle said.

"May I ask why?" I asked.

"We're preparing to go back to court," she answered.

I said, "Is there something wrong, Michelle?"

"Yes, its been pretty confusing time since spring. I just can't take anymore of this. It's time I get on with my life and do something for myself," she added, "I feel better since I modernized, and Mr. Hyde has been real good to me this summer. He even arranged for his wife to take me on a camping trip up in the mountains."

I said, "That's great, I'm glad to hear that you're doing better. With all due respect Michelle, I truly would like to see the children."

"It's not a good time right now, you might upset the deal I have going with Mr. Hyde concerning my younger brothers and sisters. We'll be going to court at the beginning of September sometime," she replied.

"Michelle, what day are you going to court and what are you going to do with your younger brothers and sisters?" I questioned her.

Michelle said, "I'm not allowed to tell you when the court date is, nor am I allowed to tell you what me and Hyde's intentions are as far as placing my younger brothers and sisters."

"Michelle, well can I talk to them over the phone?" I asked.

"So long as you don't mention anything that we have discussed," she said.

"No problem," I said.

My wife and I spoke briefly with the five youngest children. They appeared not to be very happy. We tried to cheer them up but it wasn't possible. We didn't get to visit the children because of Michelle's statement.

On September 4,1998, the children went back to court where the judge ruled that the five youngest Miller children would be placed in the Amish foster home of Joe and Mary Hershberger, near Norfolk, New York in St. Lawrence County even though they weren't state certified. The law clearly states, while the children were in custody of Social Services they either had to be placed with a relative who has been cleared by the State, or placed in a state certified foster home. The law doesn't state that it depends on your nationality, color of skin, race, or religion. This court ruling denies the Miller children equal rights of protection under the law. The ruling is further in violation of the Civil Rights Act, which assures everyone equal protection under the law.

On September 5th, Mr. Hyde made a statement in the Watertown newspaper that moving the five youngest Miller children as proposed is in everybody's best interest. He also stated, it gives the children a chance to be with a couple that have excellent parenting skills, and keeps them together within the Amish culture.

Every time in the past when there was a major conflict within an Amish community, the innocent Amish children were always the ones who suffered the most. I too have lived through that conflict in Tennessee. The Norfolk Amish settlement has such a bad conflict in their community that a lot of the Amish have moved out. How can someone be so reckless to place these children in that type of environment?

In the beginning of August my nephew Peter had another mental break down. The week of the 20th, he was released from the Mental hospital. After the verdict on Sept. 4 concerning the Miller children, the Amish were desperately working on Peter to get him to withdraw the assault charges against his father.
Bishop John Miller and Preacher Enos Yoder convinced Peter to take a trip to New York to apologize to his parents and ask the District Attorney's office to drop all charges against Andy and Emma. At this point Peter was not mentally stable, but that appeared not to be the Amish number one concern.

On September 7,1998 my nephew Peter, Bishop John Miller and Preacher Enos Yoder traveled by Greyhound to New York in St. Lawrence County. My nephew Ervin called the Mental Health Center on September 7 and made them aware of what was taking place. On the same day, personnel from the Mental Health Center along with a Wayne County Deputy Sheriff arrived at my nephew Peter's place, because Peter wasn't mentally stable enough to take the trip under the circumstances. Peter had already left for New York.

We were asked to notify St. Lawrence County that Peter had made inappropriate statements and that this trip would end it all concerning the problem between Peter and his parents. Later someone from the Mental Health Center would also call St. Lawrence County to reaffirm our concerns. We didn't want Peter to commit suicide over this, nor did we want anyone else to get brutally murdered like the case in Meadville, Pennsylvania. Peter had made statements to this affect earlier. At 10:30 p.m. on the 7th, the Bishop and Preacher arrived in New York.

On September 8,1998 my nephew Peter, his Bishop and Preachers of St. Lawrence County in New York, a total of twelve horse and buggies were spotted in Canton, New York in the vicinity of the District Attorney's office, where my nephew Peter dropped the assault charges against his father. Again, the Amish did whatever they had to do to protect their own.