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All names have been changed to protect the innocent. Copyright (C) 1997. By David E. Yoder
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You can click on the Zero if you need assistance.  If you are an Amish Victim you can also call me on my cell # 1-740-359-1030

CHAPTER 17

We got up late on Sunday morning. However, we were at Ervin's place by eleven fifteen a.m. in plenty of time for dinner. As soon as we pulled in the driveway, Ervin ran out of the house. I knew right away something was wrong. Ervin had a worried look on his face, and he was quick to tell me all about it. His brother Peter had been due to arrive on a Greyhound Bus in Mt. Eaton, Ohio, at nine forty-five that morning. Peter's wife Edna was in Mt. Eaton waiting to pick up her husband. The Greyhound was on time, but Peter wasn't on it.

Consoling Dan, I said, "Relax. Peter has your phone number and we'll eat lunch and wait." About eleven forty-five, we received the phone call from Peter. Peter said that he'd missed his bus out of Cleveland, Ohio that morning. Peter stated that a lot of things were going to come forward in this child abuse case that no one else was aware of.

He said, "Everything that happened in this family the public will know about it." Ervin told his brother Peter to make sure to be on the next bus to Wooster, Ohio, and hung up. Ervin said that Peter wasn't making much sense when he was talking and we were all deeply concerned about Peter's mental state. Fran and I had ridden our Harley to Ervin's house, while our daughters had taken the car.

After lunch I asked Debra if I could borrow her car to go look for Peter. She gladly let me use it. At one p.m. Ervin and I left for Wooster, Ohio, arriving there at about two o'clock. Peter's bus was supposed to arrive in Wooster at one forty-five. But again, Peter wasn't on it. Ervin and I waited around.

At about two-thirty p.m. a Greyhound Bus arrived from Columbus, Ohio. I talked to the driver and told him about my concern about Peter. Coincidentally, this was the same bus driver whose route was from Cleveland to Massillon to Canton to Mt. Eaton to Wooster, and his turn around point was Columbus. The driver was sure that Peter hadn't been on his bus at all. Now, I was certain we had a major problem on our hands.

I said, "Ervin, the best thing we can do is go to your house and wait for further word." As we were heading south on U.S. state route 250 about three miles out side of Apple Creek, Ohio my pager went off a 911 flashing across the pager screen.

As soon as I spotted a pay phone at a convenient store parking lot, I pulled up next to it and Ervin jumped out and called his house. Ervin motioned me to come over to the phone. As I picked up the phone I could tell immediately by the tone of Fran's voice (she'd answered the phone) that there was definitely something wrong.

I said, "Fran, stop, and take a deep breath. Everything's okay, I'm here."

While elaborating, Fran said, "Sheila from the Greyhound Bus Station from Cleveland, Ohio had called, and is looking for Ervin. She told me that Peter was there and lost his bus ticket and has no money on him, and asked if someone could pick him up. David, you and Ervin need to pick up Peter as soon as you can."

After giving me directions to the bus station and a contact phone number, she said, "When I spoke to Peter he couldn't complete a sentence, and he was talking in complete circles. I told Peter to stay put, Ervin and Uncle David would be there to pick him up and it would take close to two hours to get there, and for him to please stay close by that contact phone number."  Before I hung up the phone with my wife, I told her to be calm and not to worry about it, that things would be all right, and that we'd be back as soon as we could.

Peter's wife Edna, who is Ervin's wife's sister, was also invited to dinner at Ervin's. Ervin and Peter's wives are both first cousins to my wife Fran. As I got back in the car and started driving off, I filled Ervin in on what had happened. I could tell he was deeply concerned for his brother and so was I, but I tried hard to get it off my mind and talk about the good times we'd had. We arrived at the Cleveland Bus Station, at about six-fifteen or six-thirty. We were quick to discover that Peter was gone.

Ervin got in line for ticket information while I went to check in the rest rooms and the Bus Terminal to see if Peter was wandering around. I met Ervin back at the counter as he was receiving his information. The clerk said that Peter has been acting mentally imbalanced and that they had called the Cleveland Police. We asked to speak to the Security Officer.

The officer said, "I just came on duty, but I knew about the Amish man who was hauled off in the Police Cruiser." From there he took us up back into his office trying to find a record of it. He placed a call to the local police station, and discovered that Peter had been taken to St. Mary's Charity Hospital for psychiatric evaluation. The hospital was about twenty blocks from the Bus Station. We also spoke to the manager of the bus station. The manager said he was willing to send Peter home on the bus for free, that he'd done all he could to get Peter on the bus and headed home. He gave us directions to St. Mary's Hospital.

When we arrived at the hospital it wasn't too long before we met with the doctor who'd admitted Peter.

"I'm concern about Peter's state of mind. He is unable to stay focused to the point where he is unable to complete a sentence." she said.

I said, "Is he really that far gone mentally that he can no longer focus?"

"Yes, apparently Peter has been severely traumatized in the past," she answered. They were in the process of committing Peter to the mental hospital. However, they were willing to release him to us if we agreed to get him help closer to his home. We assured the Doctor that we would.

When we checked Peter out of the hospital we discovered that Peter did have his ticket, wallet and checkbook intact. There is only one reason Peter didn't make it home: due to the abuse in his past, he could no longer focus. On the way home from Cleveland, Peter laid down in the back seat of the car and we played some music.

It was about eight-thirty that night when we arrived at Ervin's place. Ervin's brother James, who had been beaten by the harness tuck, was there. We stayed for about forty-five minutes. I had Ervin, Peter and James sign documents concerning some of the abuse that went on in the Miller residence. Peter still wasn't speaking much, and when he did he was still talking in circles.

I felt sorry for him, but also had a nagging feeling that there were important things I didn't know. Fran, the girls and I arrived home at about ten forty-five p.m. We had a hand written letter from Ervin which was also going to be a part of the document of June 27,1997. I was preparing a cover sheet to Judge Dale Skelley. In the meantime, Katie was typing up the hand written letter we'd had received from Ervin. It was around midnight by the time we went to bed.

On June 30,1997, we awakened at around eight o'clock to a heavy downpour. Soon the electricity went off and stayed off for about an hour. This was the day we were going to take a trip to New York to check on our nieces and nephews. We were originally to ride our Harley up there, but the rain changed our plans.

Eventually, we decided to take Fran's car. It was one forty-five in the afternoon before we got to leave Cambridge, Ohio. It was a good ten-hour drive to New York. We called Jack and Donna Wayner, the Miller children's neighbors from Rochester, New York around 8:00 p.m., and got some information we didn't like. From out of nowhere, late that evening, Social Services notified my nieces and nephews that they had to have a meeting with their parents the following day at 2:00 p.m.

On July 1, 1997, when we arrived at the Miller residence the children were all sound asleep. Michelle woke up and came down to meet us. Soon after Rachel, Kevin and Paul also came down. We all sat in the kitchen and talked about the case. After a couple of hours Fran got tired and sat on the rocking chair and fell asleep. Katie and Becky had also gone upstairs to sleep. Now it was only Michelle, Rachel, Kevin, Paul, and myself, we all sat around the table and continued our conversation.

By five-thirty a.m. we couldn't keep our eyes open any longer. Paul laid his head down on the table. I stretched out on the bench behind the table. Kevin lay down on the floor at the end of the table. We slept for about an hour and a half. Then it was time for them to get up and do chores. After they finished with the chores, we went in for breakfast. Just as we were ready to eat, Jack Wayner showed up.

I set up the video camera to take pictures. Jack told me that Ervin from Ohio had called, and I needed to call him back. I rode with Jack to his house in his truck, to call Ervin. As soon as I got Ervin on the phone he told me that Peter was no better. Ervin also advised me that he had an appointment in New Philadelphia, Ohio at two p.m., to see if he should admit Peter to the Mental Hospital. Ervin wanted my opinion on that.

I said, "Sure, Ervin, if that's what it takes." Shortly thereafter I hung up the phone. I stayed down at Jack Wayner's place and had a cup of coffee, then went back up to be with my nieces and nephews.

For a couple hours I played with my nieces and nephews, and tried to get their minds off what might happen that day. By ten a.m. Jack Wayner showed back up at the Miller residence.

Jack said, "I'm going to town. Do you need anything?"

Giving Jack fifty dollars, I said, "Yes, I do need a few things. I need twelve pounds of hamburger, three packs of hot dogs plus ketchup and couple loaves of bread, if you don't mind." In the meantime Michelle was getting the children ready in case they had to go see their parents.

By eleven o'clock Donna Wayner showed up, and said that the children's attorney had called concerning the unexpected visitation. Social Services had set this visitation up while the children's attorney was in Ohio, taking statements from the rest of the Miller children.

The attorney was on his way home, but this didn't give him any time to oppose the visitation, because he had a court appearance that afternoon on another case. I believed Social Services was aware of this, and had set the visitation up intentionally. Fred Bundy, the caseworker in the Andy Miller case had been anything but on the side of these children, all because of the Amish religion.

Fred had denied the children benefits from the beginning. At about eleven fifteen a.m. Jack arrived with the groceries. In the meantime, Michelle was down at Jack's house talking to her attorney . When she came back, Michelle looked pretty unhappy.

She said, "I just spoke to my attorney. He says we have no choice all the children who are under the age of 18 had to show up. Somebody from Canton driving a white station wagon will be here to pick us up at 1:45 p.m.” When Michelle finished speaking, everything got very quiet. I'd never seen so many sad faces in one place.
The little ones were concerned about their parents beating them again and the older ones looked disbelieving and betrayed. I said to all my nieces and nephews "Don't you worry. I'll follow the white station wagon with my video camera. Also, a car from WWTI, channel 50, a local TV station out of Watertown, will be right behind me. This should keep anything bad from happening to you Uncle Dave is going to see to it." This brought a smile to the younger ones' faces.

Michelle got busy trying to get the girls dresses and make them look neat. The boys filled up the large iron kettle in the washroom with water and fired up the furnace to heat the water. This was done so that there would be enough hot water for all the kids to take a bath and wash their hair. For a hot bath they fill up a bucket with warm water and lay a towel on the floor. If the bucket is big enough to stand in they bathe themselves that way. If you're an Amish child, you're lucky if you get to do this once a week.

At 11:45 a.m. I was cooking hamburgers and hotdogs for the children. Around 12:00 p.m. Fran took over cooking so I could go down to Jack Wayner's to call WWTI TV to make sure that they'd be at the Miller residence before 2:00 p.m. While I was at Jack Wayner's a van pulled up to pick up Rachel. Rachel was having a difficult time staying mentally focused at this point due to the past child abuse and the present extreme amount of pressure. Rachel and her brother Kevin are both over 18 so they didn't have to go to the visitation to see their parents. By 1:00 p.m., all the children had eaten lunch, taken a bath, and had on clean clothes.

Fran, Debra, Becky, and I went down to Jack Wayner's place. Fran called the TV station again. Jack said that Debra and Becky were welcome to go swimming in their pool. Debra and Becky didn't have a bathing suit, and Jack said he'd take them to Ogdensburg to get one. I handed Debra my credit card and told her to buy her and her sister a bathing suit. This put a big smile on their faces, and gave them something to do to pass the afternoon.

Jack's wife also had something to do that afternoon, so she couldn't be home. Jack asked if Fran would stay and watch one of his children while he took Debra and Becky into town. This worked out beautifully because I needed someone to stay by the phone in case the TV station called. By 1:40 p.m. the TV station's car showed up at the Miller residence. They had time to take a video shot of the water cistern in the basement before the white station wagon showed up from Canton, New York to pick up the children. By 1:45 p.m. the white station wagon had arrived. The children were smiling as they piled into the car but within 45 minutes tears, cries, and screams would replace those smiles.

We arrived at the Canton Square at 2:30 p.m., and my brother-in-law Andy Miller and my sister Emma were sitting on a park bench. They appeared to be happy to see their children, but a split second later when Emma spotted me pulling in behind the station wagon, her eyes lit up with fire. Within seconds the TV camera and crew were there trying to get a statement from them but Andy and Emma, both refused to comment. As sister Emma took little Malinda, Catherine grabbed onto her sister Malinda's hand trying not to get close to her Mother.
 
They both were scared and crying. Stephen, Raymond, and Clara were also crying. I also had tears in my eyes too. It was so sad that I just couldn't shoot the video. At one time Andy and Emma were running and grabbing their children. Later Malinda, age 4, and Catherine, age 6, said they were afraid their Mom and Dad were going to steal them and beat them again. They said they wanted Uncle Dave and Aunt Fran to be their new parents, because they were so nice.

Right after the meeting started, in the church behind locked doors, Jeena, who was the reporter from the TV station and I took off to interview Bishop Jacob Miller. When we arrived at Jacob Miller's residence I pulled in the drive way and Jeena parked on the opposite side of the road.

Bishop Jacob Miller is in his middle 60's, and has a little retirement home behind the main house. Also, he has a vegetable stand beside the road. There was an Amish lady in there trying to sell vegetables. As soon as Jeena put the camera across her shoulder and walked across the road, the Amish lady ran as fast as she could to the main house from the vegetable stand.

Jacob's youngest son Amos lives in the main house and does all the farming. Amos appeared out of nowhere and said harshly, "Take yourself and the video cameras out of here now. You're not welcome here."

In return, I said, "I'll move my car out into the road and I apologize if I offended you."

Amos said, "That isn't good enough. Go on down the road, because you're not welcomed here."

"Well, Amos, it's going to have to be good enough for the time being, because I want to speak to the Bishop. I mean no harm," I declared.

Still, Amos flagged down the first car that came down the road and told the driver to call the St. Lawrence Sheriff's Department and tell them that there is a David Yoder here and I want him arrested. In the meantime, Jeena lowered her camera then sat it on the ground. She tried to talk to Amos to get a statement from his Dad, the Bishop. Amos refused to get his father. He was stalling for time until the law arrived.

I said, "Amos, I'll go sit in the car or do whatever you want so your Dad can explain this child abuse case."

Jeena said, "I assure you, Amos, it'll be done off the camera if you like."

Amos said, "Jeena, it really doesn't matter, I don't think my dad wants to talk to you about this child abuse case."

"I would just like to know why he stood by and let the Miller children be severely abused by their parents," Jeena said.

"That is one thing we're not going to explain," Amos said seriously.

About 45 minutes later the law arrived. Amos got very excited and insisted that he wanted me arrested. A few seconds later a detective from St. Lawrence also arrived, but right after the first patrol car arrived Jeena started rolling the film.

About thirty minutes later or more the Deputy arrived at my car. He advised me that Amos had made some awful statements against me and that they claimed to be afraid of their lives.

He said, "David, we're on your side. Just keep your cool and don't get yourself arrested. We need all the help that we can get on this case."

"Don't worry officer, I understand the system," I said.

"Good deal," he said, and walked away with a smile on his face.

I pulled my car around behind Jeena's vehicle.  About fifteen minutes later the detective walked across the road smiling.

"You must be David Yoder," he said and shook my hand. He stated that the Amish made a lot of bad statements against me.

The Detective said, "I advised the Amish that the reason David Yoder has taken the steps he has, was to make sure that justice would be done and that the case was not covered up." I was sitting directly across the road from where they were doing the interview.

The detective's final words to me were "Keep up the good work." He turned to walk away. He was half way across the road when he stopped and made a half turn right in front of the Amish and with a smile on his face said "yeah", but not loud enough so anyone else could hear him. Then he gave me a thumbs up.

Jeena got a good interview from Amos and his wife. After the interview, Jeena said, "I honestly believe the Amish, or should I say most of the Amish are actually afraid of you. It's what Jacob Miller and his preachers want them to believe."
"This is one way that Bishop Jacob and his preachers can assure total control of their members," I said.

We must have been out at Jacob's house close to two hours. The interview ended peacefully. Jeena followed me to Heuvelton, New York and there I tried to explain to her how to get back to Watertown. She was having a hard time focusing on my directions, because of the ordeal we'd gone through that afternoon.

I said, "No problem. Just follow me into Ogdensburg, New York."

Jeena said, "Are you sure David, you don't have to do that."

"Don't worry I'm happy to do it. I want to take this time to thank you on behalf of myself and my nieces and nephews, for all you've done for us."

"David, you're all welcome. I'm just glad I could help," Jeena said.

I got back in my car and she followed me into Ogdensburg, New York. I pulled up on State Road 37 intersection and headed her south and waved good-bye to her.
As I turned around and headed back toward Heuvelton, I met the same Deputy who'd been out at Bishop Jacob Miller's house. He was going back in to Ogdensburg. He waved at me and I waved back. By this time it was already 4:45 p.m.

When I arrived at the Miller residence, my nieces and nephews couldn't speak fast enough to explain what went on behind the locked doors at the visitation with their parents. After awhile the children asked me if I got to speak to Bishop Jacob. I explained in detail how the Amish tried their best to have me arrested.

When I got done talking to the oldest children I went down to Jack Wayner's to see him.  my daughters, and the young Miller children. Jack and Donna had gathered up some bathing suits and given them to Clara, Stephen, Raymond, Catherine, and Malinda. You couldn't tell they were Amish.

They were laughing and carrying on, saying, "Uncle David look what I got, look what I can do." When the children had come back from their family visit, Jack Wayner had invited the five youngest children to come down to his house after they ate supper and jump in the swimming pool, hoping it would help them forget the bad experience they had that afternoon. I spent about forty-five minutes at Jack Wayner's house.

After that we all went back to the Miller residence, where our daughter Katie took the five youngest children plus Rachel to Ogdensburg to get a large container of ice cream. I never seen Fran's car ever loaded down so much. Katie picked up a large container of vanilla ice cream, and took all the kids to the McDonalds. Katie said wherever she went, her cousins got a lot of attention, and the kids seemed to be having the time of their life. As soon as they got back from the store we had ice cream and fresh strawberries. One of Jack Wayner's children was also up for the feast.

After the ice-cream party it was time to go to bed. Before Catherine and Malinda went to bed, they grabbed my hand and said, "Uncle David, we have stolen you, you can never leave without us anymore. You have to stay here tonight. When you go back up to Ohio you have to take us with you."

I promised them that I would be there in the morning when they woke up. That was all they needed to hear. They were ready to go to sleep after that. Betty, Clara, Stephen, and Raymond also went to bed at that time. But Betty and Clara lay in bed and cried for hours, finally crying themselves to sleep. There was absolutely nothing we could do for them, and it broke our hearts. I felt totally helpless.

On July 2,1997, Fran and I slept in till 9:00 a.m. As soon as I walked out of the bedroom door, I saw that the children were already up, including Malinda and Catherine. They sure were glad to see us. When I went out to the barn, they went out to the barn. When we ate breakfast Catherine sat on one side of me and Malinda sat between Fran and me. They said this way Uncle David couldn't leave without taking them. Little Catherine even tried to feed me breakfast. After breakfast when we had to leave, Malinda began to cry. I told Catherine and Malinda that we'd be back. I wanted to gather them all up in my arms and just take off.

Before we left my wife and I had a private meeting with Michelle, and told her to have Rachel, Betty and Clara checked out by a doctor. All three girls were having a very hard time staying focused. I just hoped my gut feeling is wrong. We had a beautiful ride back home. We arrived at home about ten forty-five p.m. and went to bed around midnight. It was good to be home.
[*/quote*]

[Rhokia]

http://web.archive.org/web/20140815225346/http://www.amishdeception.com:80/chapter_18.html

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    Home
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All names have been changed to protect the innocent. Copyright (C) 1997. By David E. Yoder
Go to RESOURCE section!
You can click on the Zero if you need assistance.  If you are an Amish Victim you can also call me on my cell # 1-740-359-1030

CHAPTER 18

On our way back to Ohio all we could think and talk about was the Miller children, and how sad it was to see them forced to go on that visitation. We were exhausted and couldn't wait to get home and get some sleep. On July 3, 1997, we slept in till about 9:00 a.m. which left us three hours to get ready to leave home for work. We had a lot of paper work to do before we could leave. At twelve-fifteen, we hugged and kissed our daughters good-bye, and headed for Cincinnati.

We arrived in Cincinnati at three-fifteen in the afternoon. By four o'clock we had our personal stuff in the truck, and had a load of freight going to Memphis, Tennessee. At six-thirty that evening I called Ervin just to see if he'd heard anything from his brothers and sisters, and make sure everything was okay. Ervin said his brothers and sisters hadn't called that they would call between seven and eight o'clock that evening. This was Betty's day to go to the gynecologist. I was concerned about the test results. I told Ervin to just call home and tell our daughters yes or no, don't say more, and have Katie and Becky page me if it was really important. In the meantime, I prayed.

At eight-thirty p.m. my pager went off. I stopped at the nearest truck stop, called home and talked to Debra. When Debra answered the phone, she said, "Dad, whatever you and Ervin talked about, the answer is no." I thought, Thank God. She said something really funny happened in New York. She laughed and said I'd better call Ervin, that he could explain it a lot better than she could. I phoned Ervin immediately. Ervin made the following statements concerning July 1, 1997. Social Services appointed two case workers to the case the day of the visitation, Fred Bundy the original case worker and Lisa, whose last name I don't remember. The visit had gone so badly that Lisa wrote her own partner up on a major complaint.
 
Bishop Miller went to the court house in Canton, New York and filed a complaint against Detective Jerry Wayner and Michelle, saying they'd been boyfriend and girlfriend ever since the alleged severe beating took place in 1995. Bishop Jacob wanted Detective Jerry Wayner removed from the case immediately. Bishop Jacob had a church member willing to testify to this so-called fact. Back in the early nineties, three of the oldest Bishops from the Swartzentruber Amish church had excommunicated Bishop Jacob for lying, which he later admitted to.

On July 3,1997 about nine a.m. Detective Jerry Wayner  and another detective arrived at the Andy Miller residence. Jerry explained the complaint that Bishop Jacob had made against him. Before he had completed his statement, Michelle burst out laughing.

She said, "Jerry Wayner, you weren't my boyfriend then, and you're not my boyfriend now. The Spring of 1995 when I took that serious beating and you were called out, the only thing you might have done at that time is put your hand on my shoulder to comfort me."

"I know," Jerry said. "The whole is ridiculous."

On the evening of July 3,1997 Social Services made a surprise visit to the Miller residence. The caseworker this time wasn't Fred Bundy, it was a female caseworker named Lisa. She brought her note pad into the house and started asking questions and taking notes. The children asked her what happened to Fred Bundy, and Lisa told them he was no longer on the case she was their new caseworker.

Angry, Kevin Miller said, "You were also part of the problem, and you took part of the bad ordeal on July 1st at our visitation. My younger brothers and sisters feared for their lives that day. Social Services has done anything but work for us children. The only thing that Social Services is concerned about is our Amish connection and our parents. Because of you, I have to watch my brothers and sisters cry themselves to sleep. You are fired! Leave this property immediately." After Lisa left, the Miller children called their attorney Ed Hyde, who said he would try to have Social Services completely removed from the case.

On July 5, 1997, I talked to Ervin concerning this case and the mental state of his brother Peter. It was now about a week since Peter left New York from visiting his brothers and sisters, and appearing in the pretrial hearing for both of his parents. Peter still has a blank stare in his eyes. I don't think the medication he's on is going to be powerful enough. I'm afraid we'll have to hospitalize him before it's all over. That evening I talked to Michelle. She said Ed Hyde had talked to Judge Dale Skelley about the case. Ed advised the Judge that he wanted to have a final court hearing within six weeks. The Judge said that considering the conditions the children were living under, six weeks would be too long. He wanted to get it finished up in three weeks, for the children's sake. I thought that was a good, powerful statement.

Ed Hyde advised the children to start preparing to move to Ohio. He added that he didn't know whether he was going to try to remove Social Services from this case, or just concentrate on getting the children out of New York. I told Ervin that he needed to find a place for these children, and whatever kind of help he needed to let me know.

The following day I received an emergency page from Ervin. I called him immediately, and he told me that Peter was getting worse, and he didn't know what to do with him.

"Should I admit him to a state hospital?" he said.

I said, "Ervin do what you have to. Is Peter at your place right now?"

"No, he’s at his own home," Ervin said.

"Hitch up your horse and buggy, go to Peter's home and see how he is, then use your judgment," I said. "I'm not home right now, but if he needs me I can come home."

Ervin named six different State hospitals, and then added, "Which one, Uncle David?"

"Try for the closest one to home," I said. Ervin also had a phone number out of New Phila, Ohio that you could call concerning mental patients.

He said, "Uncle David should I call that first and have them come out and check Peter out?"

"Like I said, Ervin, I'd first go down and see him then make the call if you need to. Maybe the hospital will send someone to come out, if you have to take him to the State Hospital," I explained.

Ervin said, "Uncle David, when does it ever quit?"

"I don't know. Some of you children will have nervous breakdowns now, others later on in life. The strong ones will make it through life without ever having a break down. I wish I had something better to tell you, but this is the truth," I explained.
"Again, if you need me I'll come home." I wished Ervin luck and hung up the phone. Then I called up my daughters and talked to them and told them that I loved them.
On Monday of July 7,1997, we delivered a load of freight in Sacramento, Ca. I called my nephew Ervin that evening. This is what he had to say, when he arrived at his brother's, Peter didn't seem right at all. Ervin called New Phila, Ohio and had someone come out and take a look at Peter for a second opinion. The phone call Ervin made was to a crisis hot line that specialized in mental patients. They also had a religious background, which was why Ervin wanted their opinion. This was fine by me.

All I wanted to do was guide them in the right direction, and give them the support they needed. The person from the crisis hot line said to keep Peter on his medication, that they would hate to see him go to the State Hospital. Perhaps this could be solved some other way, without Peter being separated from his wife and child. I expected this, because of the strong religious background. Ervin brought his brother Peter and his wife and child to his place on Sunday to stay with him.

Ervin said, "Uncle David, how much more of this do I have to take?" Then he added, "I guess I might as well laugh." I agreed with Ervin that was the best thing he could do at that point. I assured him things would get better sooner or later.

That Monday Peter took Ervin's job at the sawmill. Ervin was off looking for a home for his brothers and sisters from New York, but the three places Ervin checked up on were already promised to some other Amish families.  Nevertheless, Ervin decided to do what I had asked him earlier to do: speak to the true Old Order Amish, the less conservative sector, and ask them if they would help.

Ervin explained to them how the Miller and the Swartzentruber Amish had totally abandoned his brothers and sisters. Ervin spoke to a Bishop and a Deacon of the Old Order Amish. They are the true Amish, and have better than one hundred Old Order Amish Churches. The Bishop and Deacon said they would be willing to help, but Ervin's brother and sisters would have to modernize and join their church. I didn't think that would be a bad idea, because when I was growing up I worked for these true Old Order Amish. They weren't as strict, and a lot more modern. In most cases, they gave a lot fewer spankings.

The Bishop and the Deacon said they might pass the good will plate among their one hundred churches to take up a collection for Ervin's brothers and sisters. However, they'd have to take it up with the rest of the Old Order Amish Bishop and Preachers first.

I told Ervin, "Well that's good. We'll just keep our fingers crossed."

"Still," I went on, "I wouldn't totally count on these Amish. Remember, these are the same Amish people I tried to motivate at the beginning of this trial for your brothers and sisters. But maybe by now they see that we aren’t playing games. They don't want to be thought of the same way as the Swartzentruber and Miller Amish are for not standing up and helping these children. I really don't care why they're having a change of heart, as long as they're willing to help."

I was on the telephone for forty-five minutes with Ervin, until I finally had to tell him I had to go, and wished him luck. I also made a phone call up to Jack Wayner's home, the Andy Miller children's neighbor. I spoke to Jack and Donna Wayner. Jack Wayner was still very much concerned about how Social Services was handling the case. I also talked to my nephew, Paul, and asked him how everything was going.
He stated, "I guess okay, Uncle David, but someone from Social Services contacted us today." They had another surprise visit scheduled for the next day with their parents that none of the children were looking forward to, but had to deal with. Social workers Fred Bundy and Lisa, who oversaw the last visitation, had been temporally removed from this case by Social Services. I wished them luck and told him if they needed anything just to call.

On July 8,1997, we were laid over in a Motel room in Sacramento, Ca. It was nice for a change to soak in a bathtub. Fran especially enjoyed it. Later that evening I called Jack and Donna Wayner. I also got to speak to a couple of my nephews. Jack and Donna said that the children weren't speaking much about the visitation earlier in the day. I called our Company that evening and found out that we were going to spend another day at Motel 6.

Fran and I walked about half a mile to the liquor store and got two quarts of Bud Light and a quart of Strawberry wine, and walked back to the Motel. Then we called Pizza Hut and had them deliver a Supreme pizza to our room. Of course, we called our girls, which we did automatically once or twice a day. We spent the evening watching HBO, drinking beer and eating pizza.

On the evening of the 9th of July Ervin paged me, and I returned his call as soon as possible. Ervin was very concerned about Peter's mental state. He said, "Peter appears to be getting worse. His eyes have a wild stare. David I can't take care of him the rest of my life. I wish he'd get better, or show signs of improvement at least. I just don't know what to do."

"Well," I said, "that all depends. If you feel mentally capable of giving him more time to get better, then I would do so. If you don't, admit him to the mental hospital. I'm sorry, Ervin, but that's the best advice I can give you."

Ervin also said he was waiting on word from the true Old Order Amish to see if they were going to help find his ten youngest brothers and sisters a home. I wished Ervin luck and hung up the phone. I also called Jack and Donna Wayner in New York, and talked to my niece Michelle, just to make sure they were doing all right. She stated they couldn't wait until it was all over. They were all looking forward to being in Ohio soon. Michelle said maybe that way they could leave this nightmare behind.

Thursday, July 10,1997, this was one day that we decided to keep just for the Yoder family, if possible. I called home three times and talked to our girls, discussing everyday life. The girls were wishing we could come home, and so were we, but we had to stay out and make some money. Raising children nowadays is expensive. It's a lot different from the way the Amish raise them. Our way is to try to make sure our daughters get all the education they want. The Amish way of life is to give their children as little education as possible and work them as much as possible.

On July 11,1997, the Miller children had another visitation. This visitation was a lot like the first one, Andy and his wife were complaining constantly. Andy was saying the corn was too weedy, and they weren't making their hay fast enough. Also, their son Paul had his sleeves rolled up too far on his shirt. Andy and Emma Miller both told the children they had to go to church. The girls were told to clean the garden better, can strawberries, and make sure the girls tie their caps.

Andy and his wife were telling the children they would be home soon. But of course the children weren't aware that their parents sold their home farm. According to the Ogdensburg newspaper on July 7,1997, Andy and Emma Miller sold their home farm for $35,000.00, less than half its value. Andy and Emma also owned half of another farm with their son Robert. Andy's share of the farm was $30,000.00. According to the Ogdensburg newspaper, Andy sold their half for $10,000.00 to their son Robert. Andy thought the court order stated that they weren't allowed on their property, but if they sold it, this would be a way around the system. This is Andy and Emma's way of beating the system.

Friday evening after visitation, Michelle took a couple of the youngest children to the dentist. But when they got to the dentist's office Fred Bundy from Social Services called the dentist office, and said the children weren't to have any dental work done, that it was against Andy and Emma Miller's religious beliefs. Fred Bundy said they could only do dental work on the Miller children under the age of 18 if it was an extreme emergency. Michelle was very upset and disappointed.

She said, "Just when you think it's getting better, it gets worse again." I tried to get a hold of Ervin on the phone, but the Swartzentruber Preachers had a meeting with Ervin that evening, so Ervin had to take the phone off the hook. They were trying to get Ervin to take the case out of the Courts and let the Amish deal with it.
Saturday, July 12,1997, I was hoping to just have another quiet day trucking. At six p.m. our daughters paged me. I stopped at the nearest phone and called home. They were quick to tell me that Ervin called and I needed to call him. I called my nephew Ervin, expecting to hear some kind of bad news. But I was happy to hear the change in his voice.

Ervin told me that Peter had gotten better, that he'd asked to move back to his own home and that he was ready to have his old job back. This was a big load off Ervin's mind. Ervin further explained how the preachers from his church were at his house on Friday evening. They had a long talk with Ervin, trying their best to get him to excommunicate himself, get this case out of the Court system, and give control back to the Bishop Jacob Miller. Ervin gave them scripture on how God loved his children and this type of abuse was wrong.

The Preachers told Ervin that if he would get the case out of the court system they would help. "Just what kind of help did you have in mind?" Ervin asked.

"After the case had been removed, we'd go and speak to Bishop Jacob Miller," the preachers said.

"Why didn't you try that before when we asked for help?" Ervin asked.

"We didn't want to get involved. Bishop Jacob doesn't belong to our church," the preachers said.

"Why do you want to get involved now?" Ervin asked.

"Well we don't want the Amish in the courts. It's not good for our community," the preachers replied.

"What about my brothers and sisters? Are you saying you're more concerned about the reputation of your community than the well being of my brothers and sisters?" Ervin said incredulously.

Preacher Enos Yoder and Preacher Atlee Troyer both replied, "Well Bishop Jacob Miller belongs to a different church."

"Oh, so there's really nothing you can do about it," Ervin said.

"Well, we can see if he'll listen to us. We could try to tell the Bishop to go easier on his children," said the preachers.

"Is that all," Ervin said.

"Afraid so," replied the preachers. "But Ervin you should make yourself free from sin," they said. "By getting the law involved in this you have sinned against the community and God. Ervin, please remove it from the courts and excommunicate yourself and make yourself free from sin."

"I couldn't remove it from the courts even if I wanted to," Ervin said. “What's going on right now in family court has nothing to do with Peter, James, or me. This has to do with the ten children at home. The D.A. Ray Vance said that he is not expecting the felony charges to be brought to trial. That is the only thing that Ervin, Peter, James, and I have anything to do with. I can't tell my ten younger brothers and sisters to take that out of the family court. That's not how the system works."

Preacher Enos Yoder and Atlee Troyer both replied, "Ervin please make yourself free from sin for the good of the community, before it is too late."

Ervin said, "If I have sinned so bad, and you want me to be excommunicated, then why have my mother and father not been excommunicated for their sins, for beating my brothers and sisters?"

"The Bible speaks of discipline of the children. They might have been a little harsh, but discipline is good. Ervin this has gone too far. You children standing up against your parents this way is no good for the community. Please make yourself free from sin, Ervin." Then the Preachers left.

Later that Saturday Ervin talked to the true Old Order Amish Bishop and Preacher. They stated they been in steady contact with Ervin's Bishop and preachers and were no longer sure they wanted to get involved. They thought it would be better if Ervin's Bishop and preachers handled it.

They said, "Ervin what about your Uncle David? What if he were to bring the TV cameras up in our community? We don't wish to make your Uncle David angry, but from what we can see it would be better if you did it through your church. However, you're welcome to check with us later. We have to talk this over with other Bishops."

Ervin said, "My Uncle David is harmless as long as you do what's right. But if you try to corrupt the system and not stand up for these children he'll do whatever it takes to see that justice is done."

Ervin said to me, "Uncle David, what can we do? You're like that old corner fence post we can lean on you and pull on you from all directions, and you're always there for us."

I laughed and said, "Gee thanks, Ervin, nobody has ever described me quite that way. As far as your brothers and sisters go, we'll just make a home by ourselves for them in Ohio. We can't count on the Amish. I'll talk to you tomorrow."

I hung up the phone, and prepared more documents: the cover sheet for Judge Dale Skelley and Ed Hyde. These two documents were prepared on Sunday, and our daughter Debra took them to Ervin Miller to have them signed. The reason for this is the higher classed (true Old Order Amish) were refusing to help. Our nieces and nephews had a custody hearing coming up some time in the end of July. According to the Attorney and the Judge they needed a notarized statement from either a church or a relative from the State of Ohio, if they expected to be transferred out of New York. If this wasn't done before trial date, the children's nightmare could have very well be just beginning they might have been farmed out to foster homes in New York State. Another nightmare, I thought.

Every time I visit my nieces and nephews, I walk away with tears in my eyes. As much as I try to understand how this atrocity took place in the Amish community, I realize that there's just no way I'll ever understand. Here I was, going up against my oldest sister, who I had looked up to. I had shed tears when she got married and moved away from home, and more when I had heard rumors of spousal abuse. I had seen terror in her eyes the night Andy viciously shook the little baby crib with Ervin in it.

Emma, too, was abused by Andy Miller, he'd beaten her choked her to the ground. I tried everything I knew to end this nightmare for my nieces, nephews and sister, but there was little I could do. No one outside the Amish community would listen to me. They couldn’t imagine that something like that could ever happen under in a "peaceful" organization.

On December 10th, 1996, we did a personal interview on 20/20 in Walnut Creek, Ohio. During that interview, producer Arlene Wallace was quick to ask me about the abuse, and about my family. When she brought up my family it brought tears to my eyes, and I started to cry. I know Arlene and Larry from 20/20 believed there was a major problem with the Andy Miller family. This was all caught on live tape, but head personnel wouldn't let Arlene and Larry air that section of tape.
Arlene and Larry wanted to, but were overruled. The hardest part for me was facing the fact that my lovely sister, who'd been abused in the past, became abusive against her own innocent children. This was the last thing that I expected, the last thing I wanted to hear.

I had a conversation with Sack Younger's wife. She and her husband were Andy and Emma's neighbors. She said, "David how do you feel to find out that your sister was also very abusive? You must find it very hard to deal with."

I said, "Yes, I do. There's only one way I know how to work with this case. I've got to look beyond the sister part and only focus on the child abuse part. It's painful, but I can't let that stop me. I must stay focused on helping the children."
Sherly Younger sighed, then said, "I just can't imagine how these children's grandparents could live with themselves, They probably have known about this, child abuse, all their lives and have done absolutely nothing to help their grandchildren."

"There's a lot of things about this situation I don't understand," I said.

"Those parents can't go back in that house with those children," she said. I assured her I'd do everything in my power to see to it that never happened.
Our daughter, Debra notarized a document for July 14th to be faxed to Judge Dale Skelley and Attorney Ed Hyde. At this point, the public in upstate New York was split about fifty-fifty about this case. Bishop Jacob Miller has tried to paint a dirty picture of those children and me.

He said that we were such bad individuals that the St. Lawrence Sheriffs Department had to have a talk with a few Amish, to let them know they can be held liable for their false statements. However, some of the public is getting very impatient. Some were furious about the way this case has been handled, but Bishop Jacob Miller and Andy and Emma Miller are not without their supporters.
On Monday, July 14,1997, I talked to my nephew Ervin again. I also called New York and talked to my niece, Michelle. She was going to find out how much the court transcripts of Andy and Emma's court proceedings were going to cost, and when we could get them. I wanted these transcripts so I could look them over, and possibly prepare for other actions.

On July 15,1997, I again called Ervin. Ervin said, "Today was visitation for his brothers and sisters and their parents, and the visitation went poorly. Social Services is no longer overseeing the visitation. All dad and mom did was gripe and complained that their children weren't following their strict guidelines," Ervin said.  Some of the public is getting furious, upset and impatient." Levi Miller bought Andy Miller's home farm for $1.00. This included half of the second farm. Son Robert bought the other half of the farm for $10.00. My niece Michelle has a copy of the Deeds now, and I'll receive a copy within the next few days.

At some point, some of the Amish had their windowpanes cracked by a BB gun, also by marbles that have been shot by a slingshot. The worst thing that happened was that Bishop Jacob Miller's brother Levi's son Willie Miller's sawmill mysteriously burned down. An outside investigator was brought in. The investigator stated that the fire was intentionally set. Bishop Jacob Miller also had a few cracked windowpanes in his home. This is the last thing that I wanted, but I was afraid of it from the beginning.

Someone got the license plate number and the make of the pickup leaving the scene of the crime, and notified the owner of the vehicle. He immediately went back to the Amish and apologized and offered to make restitution for the damaged windows. But even knowing this, the Amish are still blaming Andy Miller's children.

These were just a few of the items Andy and Emma Miller were complaining about on the day of the visitation. They also complained about the boys' hair cut not being right, and their sleeves being rolled up to high. They told the children not to wear the clothes Michelle has made for them, and not to listen to Michelle, Ervin, or Peter. They said the reason they sold their property to Bishop Jacob Miller's brother Levi was because the children weren't doing the farm work properly.

Andy and Emma seriously accused their sons Kevin and Paul of breaking the windowpanes and of having part in burning the sawmill . They also talked to the children about the court case and how wrong it was, and how the children should just admit to it, and free themselves of these acts of violence against the Amish, that they are guilty.

Michelle Miller couldn't make it to the visitation. She had to go back to the doctor because her hip is still out of place and giving her a lot of trouble. The doctor wants to correct the problem, but wants to wait until the court procedures are over. He also wants Michelle to get her jaw checked out by a dentist, since Michelle has had constant pain in her jaw since a severe beating in 95, when her father beat her down to the ground with a v-belt, while her mother beat her about the face. The doctor wants to prove that her jaw was broken on that beating.

On July 16,1997, I talked to Ervin again . We're still very much deeply concerned about Civil Rights Issues, Social Services and Fred Bundy are attempting to make this a religious issue instead of an extreme child abuse case. I don't understand why Fred Bundy has made this case a religious issue. He has denied these children medical attention from the very beginning because of their religion.

Throughout the case he has made strong religious statements telling the children things like: "You can't roll your sleeves up so high it's against the Amish religion. Or, You have to go to church, but it's against the court order at the time being." And this: "When you go down to Jack Wayner's to swim, you aren't allowed to wear shorts. That's against your religion. If you go swimming, go the way you would if your Dad was here. Or did you even go swimming when your Dad was home?"

Paul replied, "Yes we did, in the back of the farm at a pond."

"I bet your Dad never wore shorts to go swimming," Bundy said.

"Do you want us to go swimming the way our Dad always did?" Paul asked.

"Of course," Fred Bundy replied. "If you go down to Jack Wayner's pool to swim, then dress like your Dad did when he went swimming."

"Are you sure?" Paul said smiling at his brothers.

"Of course I'm sure," said Fred Bundy. "Otherwise, you'll be going against your Mom and Dad's religion. And you must not do that."

Paul was quick to reply, with a grin on his face. Paul said, "I thought that Jack and Donna Wayner would have a problem with this, because you see my Dad always took all his clothes off when he went swimming. Do you think we should ask Jack and Donna if we can swim the way our Dad did, since you think it's against his religion to do it any other way?" Fred Bundy just shook his head, furious, and got in his car and drove off.

Every time Fred Bundy opens his scrunchy little lips he violates these children's civil rights. I don't know if Social Services is actually that stupid, or why they made this a religious issue. But doing so mean they're in violation of the Civil Rights Act. We've been so frustrated with Social Services. It's always been you can't do this or you can't do that, it's against your religion.

We felt we had no choice but to try and get some kind of pressure put on Social Services. What if we could get the attention of the Governor of New York? We weren't necessarily looking to have criminal charges filed against Social Services or the District Attorney's office. But the attention that their offices would receive would, we hoped; persuade them to do the right thing.
[*/quote*]

[Rhokia]

http://web.archive.org/web/20140815225346/http://www.amishdeception.com:80/chapter_19.html

[*quote*]
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All names have been changed to protect the innocent. Copyright (C) 1997. By David E. Yoder
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You can click on the Zero if you need assistance.  If you are an Amish Victim you can also call me on my cell # 1-740-359-1030

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.
[*/quote*]

[Rhokia]

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CHAPTER 20

On the trip back home we talked about how the security was tight in St. Lawrence County, and how Jack Wayner appeared to be working to assure the St. Lawrence County Sheriffs Department that, if at all possible, an arrest would be made. This way we would be discredited, and Jerry Wayner's nightmare would be over with, he wouldn't have to worry about any future news coverage.

We arrived in a Newcomerstown, Ohio, truck stop around 5:00 p.m. on July 23,1997, our daughters were there and took Ervin on home to Wayne County, Ohio. Debra told us that Sheila from 20/20 had called. I called Sheila from the truck stop and told her I'd call her back as soon as I got home,  When I got home, about 45 minutes later, I called Sheila back, then called Larry Gifford from 20/20. Larry said they were going to run a piece on 20/20 on Friday the 25th. He said, "David if this goes right you'll be getting some phone calls after this airs. I hope this will give you the support you need."

Grateful, I said, "Thank-you, I hope it works."

Larry said, "We got cut two and a half minutes again from the top down. I'm sorry we're only able to flash thirty seconds on the Miller case, but we'll put our best shots in there. With luck, this will create some media interest."
 
We got talking, and soon we were talking about the Amish and cases of animal sex that took place among them. Larry said, "Yeah, David, I've seen the side effects of this. I was out at the Swartzentruber Bishop's place trying to interview the Bishop the other night. As we were walking out to the barn, I saw a pig walking around the straw stack smoking a cigarette." Larry seemed really serious when he was saying this, so I wasn't expecting an outsider come up with an Amish joke. He had totally caught me off guard, and it had been a long time since I laughed so hard. I knew I had to get Larry Gifford one way or another some day. And I did. I found the perfect pig for Larry Gifford, which was already fully clothed. All I had to do was punch a hole in its nose to add the cigarette and tape a lighter to his right leg. I made a wooden box and glued straw to the end of it. Then I stapled two spare cigarettes to the floor of the box.

I wrote a note that said, "My name is Bishop Joe Troyer from the Swartzentruber Amish and I used to preach. Squeeze my left leg and I will sing you a song, Larry, oink, oink, oink, oink." The pig was ready to be priority mailed to my friend Larry Gifford.

When I dropped this into the mail priority to Larry, I had to squeeze the pig down to fit him in the box. If you handled the box wrong, you could hear a muffled sound going oink, oink. When this package arrived at ABC 20/20 in New York City their alarm went off, because last year the President of ABC had received a letter bomb from Wayne County, Ohio. This package was also from Ohio with an Amish name on it and a P.O. Box number. ABC Headquarters couldn't figure out what that sound was.
 
Since they were prepared to do an update on the Amish they thought it was a bomb. They started opening the box carefully from the lower end. When they got to the straw, they were dumb founded. But they continued to open it very carefully. As they were cutting close to the pig they could now hear and understand the sound. When they read the letter and squeezed its hand, it sung them a song. Everyone involved burst into laughter. Larry now has this pig at home, and I apologized profusely for the misunderstanding.

On July 25,1997, we were preparing to go back out on the road. We were also still waiting patiently to watch the piece on 20/20 that evening, and see how they put the piece together on the Andy Miller case. By 10:00 p.m. I was frustrated. 20/20 got bumped by our local TV station due to a ball game. I was receiving phone calls from New York, Alabama, and Ohio. I briefly talked to Ervin when he finished watching the program.
 
The next morning  we got out of bed at 11:00 a.m. and called our company. They said we wouldn't get to go out until tomorrow sometime. So Fran and I jumped on our motorcycle and went up to Wayne County, Ohio, to see Ervin and his family. We spent a couple hours there. From there we went to Knox County, Ohio to visit my sister. My sister and her husband were nice, but the little children stayed back from me. Tension was thick. We left soon after.

On the 27th of July, we went back to work. We picked up a load in Cincinnati, Ohio and went to Pittsburgh, Pa. We picked up a set of empty trailers out of Pittsburgh on the 28th. and went to Charlotte, N.C. From Charlotte we picked up a load going to Los Angeles. Since I-40 was closed in N.C., we took the bottom route and stopped in Jasper, Alabama, where we visited old friends for about four hours.

While we were there I called Ervin and Michelle. My conversation with Ervin was short. He just wanted to tell me that they'd received a letter from their parents stating that if they'd have done anything wrong they were sorry, and that they forgave the children for turning them into the law. Andy and Emma Miller were staying at the Cascade Inn in Canton, New York, at the taxpayer’s expense. I told Ervin that was well and good, but that I didn't believe for a minute that they were really sorry.

On July 29,1997, Ervin and I spoke again. He told me that Fred Bundy called him and wanted the addresses of all the children who were living in Ohio, that they wanted to bring all his brothers and sisters from New York to Ohio and distribute them throughout Wayne and Holmes County, Ohio.
 
I told Ervin, "You can't do that. You've got to keep those children together. If you and your brother James want to care for them I have no problem with that. But the rest aren't capable."

Ervin also told me that he'd spoken to Ed Hyde. Ed said there was no sense in pursuing the issue on what happened the older children as far as abuse was concerned. He said that it looked as if Andy and Emma were going to let the children come up to Ohio, as long as the children who were over 18 didn't push the child abuse issue.
 
Ervin said, "Uncle David, what do you think of that?"
 
"Hog wash" I said, "Ed Hyde is well aware that the worst cases of child abuse were on the children who were now over 18 years of age. Whatever you children do, don't give in to Ed Hyde."

Ervin said, "He told me to get my house ready. My house is ready, and so is James's. And yours, Uncle David." Ervin said there is a free religious counselor set up here in Cochocton County.
 
Ervin said, "Ed Hyde told me that the parents said they would rather see their children go to their brothers and sisters than to their Uncle David."
 
I said, "That's well and good, but I only trust Lt. Jim Turner, Governor Harry Hupp and Sheila Easton from the Renewal House. That's all."
 
Ervin said, "I understand. I feel the same." I told him to stay tough, stand tall and be proud.  We arrived in Austin, Texas on July 31,1997, at 5:30 p.m., with a hot load of freight. By 8:00 p.m. we had a load going to Harrisburg, Pa.
August the 1st of 97, I talked to Sheila Easton from Renewal House in Canton, N.Y. She said she investigated the case and she didn't get Michelle, Rachel, Kevin, Ervin, Peter and James an attorney. Disagreeing, I said, "If the children under 18 had an attorney, the children above 18 should have one, too they were also victims of child abuse." She stated Roy Vance was now going to prosecute.
Sheila said, "Keep me updated." I told her I'd get back with her, that I wanted to go over all the paperwork I had first.
 
If D.A. Roy Vance decided to drop all the criminal charges against Andy and Emma Miller, then the Miller children's rights will have been victimized by both their parents and the system. If it wasn't for me caring for my nieces and nephews, their side of the nightmare would never have been heard.
 
On August 2,1997, we arrived in Harrisburg, Pa. with our load of freight from Austin, Texas at 4:00 a.m. By 6:00 a.m. we had a short run going to Hartford, Connecticut. We did a turn around from Hartford back to Harrisburg and arrived back in Harrisburg around 9:00 p.m. We took a shower and waited for another load. At 2:30 a.m. we picked up a load going to Phoenix, AZ. I was grappling with one of the hardest decisions of my life. I wanted to tear the walls down between the Amish and the American Public, but in order to do that, I was forced to take action that I'd rather not take.
[*/quote*]

[Rhokia]

http://web.archive.org/web/20140815225346/http://www.amishdeception.com:80/chapter_21.html

[*quote*]
    Home
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All names have been changed to protect the innocent. Copyright (C) 1997. By David E. Yoder
Go to RESOURCE section!
You can click on the Zero if you need assistance.  If you are an Amish Victim you can also call me on my cell # 1-740-359-1030

CHAPTER 21

On August 5,1997, my nephew Peter went over the edge and had to be admitted to the State Hospital in Massillon, Ohio. On August 4th, Ervin had a long talk with me about his concern for his brother Peter. Peter had made statements in the past, saying that he was afraid justice would never be done, that his parents would be put back in the house and life would go on as usual, and that more of his family members would be going to their grave like his sisters Christine and Brenda did. He said that since no one else would stop his parents and Bishop Jacob Miller, he'd have to do it himself.

But Peter started talking crazy. He said he needed to castrate his Dad and hang him, and also castrate Bishop Jacob Miller and his preachers. Peter felt like it was left up to him to protect his brothers and sisters who live in New York. He asked his wife to make sure his Sunday clothes were nice and clean, that he might need them.

When my nephew Ervin told me that, my first response was, "Oh Boy."
 
I said, "Ervin, listen very carefully. You've got to make arrangements to get Peter some professional help, or admit him to a Mental Hospital and keep him there until he's better. Those statements are similar to statements other Amish have made before they committed suicide." Peter has already mentioned about taking his life, and I didn't know whether Ervin and I would be able to stop him. Ervin said Peter appeared to be frustrated all day but by that evening he was happy.
 
I said, "Ervin, that's our sign that he's figured a way out. You got to get him help A.S.A.P."
 
"Uncle David, I don't think he'll do anything tonight," Ervin replied.

However, Monday night Peter wouldn't sleep at all. All he wanted to do was have sex with his wife, who is 45 days away from giving birth to their second child. She said she was tired and hurt and Peter wouldn't have an orgasm.
 
At 4:30 that morning Peter's wife Edna called Ervin and told him she was afraid. Ervin tried to calm her down and told her he'd deal with Peter after Peter got off work. At 5:30 that morning, Peter called Ervin. Peter wanted to know if he should go to work, because he hadn't slept all night. Ervin tried to page me, but I was out of the area and couldn't be reached by pager. Later on, Ervin called my house and left a message that he needed my help. At 10:00 a.m. Ervin got a call from the sawmill where Peter worked. It took till about 11:00 a.m. before Ervin could get a driver to go and rescue Peter.
 
Peter's job was to carry the slab off as the logs were being sawed, and run the slab through a chipper. This chipper is full of knives. That morning at 9:00 a.m. Peter gave one of the boys where he worked at a $20.00 bill and told him to go get him a pack of cigarettes. This boy, being from the higher classed Amish, had a car. Peter also told him to keep the change. It took Peter only one and a half hours to smoke a pack of cigarettes. The other employees stated that it was like Peter was trying to get caught, to be pulled in that chipper.

When Ervin finally arrived at the sawmill and his brother Peter spotted him , Peter ran to the barn to hide. Ervin started to run after his brother, but decided to walk instead. Ervin figured it would just make matters worse if he chased after Peter. It didn't take Ervin long to find his brother in the barn. Peter was hiding in a box stall and Ervin went in, took Peter by the arm, and led him to the van.

Peter never asked his brother where they were going. He smiled and didn't say much. But when he did speak, he didn't make any sense. Ervin took his brother to New Phila Emergency room. They briefly checked him out in the emergency room and decided to send him to Massillon State Hospital in an emergency vehicle with Ervin by his side. As they checked Peter in, he changed personalities in a matter of seconds.
 
The Massillon City Police were called, and three of them arrived in minutes. It took three police officers, two paramedics and Ervin to bring Peter under control. They did finally get Peter hand cuffed, and he stayed that way until he was admitted and sedated.
 
Ervin had a lot of questions for me. "Should I sell some of Peter's shop tools to help pay for the bills? Should I rent him a home closer to my home , so I can take care of him? Or should I move him in with me?" Ervin's questions went on and on. I listened to him, carefully evaluating each and every one of his concerns.
 
I said, "Ervin it wouldn't be wise to make a hasty decision at this point." I also wanted to see what the kick back would be from the Amish point of view. I was afraid of, that the Amish would get together, and Peter would lose his job and probably his home. And the same thing could to happen to Ervin. I expected Ervin and Peter to both be excommunicated and shunned. Before I hung up the phone, I told Ervin to make sure that Edna got her tubes tied after she gives birth to that child. That was her wish and her right as a human being.
 
Ervin said, "Thank-you again, Uncle David. I don't know what we would have done without you since our parents were arrested. If it wasn't for you, my brothers and sisters and I would have fallen flat on our faces."
 
"Ervin, I'm nobody special. I just happen to be somebody who cares," I said, and we hung up.
 
That evening Michelle tried desperately to get a hold of me, and all she could get was the answering machine. Sometimes I felt so tired I just wanted to quit the whole case. But then I think of Malinda and Catherine, and remember how they asked us to be their parents and take them away, so their mother and father couldn't beat them anymore. And I go on.

On August 6,1997, I talked to Michelle. I could tell that she was frustrated with the system, and wanted to know why they weren't allowed to have an attorney. Michelle said that no one was talking about moving them to Ohio anymore. What about her brother James?
 
Michelle said, "Uncle David, do you think he's going to stand by and help or is he going to quit, too?" I let her talk and let her get it all off her chest. I told her not to worry, that we had an appointment to meet with Bryan Haynes at 20/20 in New York City on 8-12. Fran also talked to Michelle as she was having problems with her menstrual cycle, and told her to hang in there and call us again when she needed to.

On August 7,1997, we were trucking and trying to make arrangements to go home. We arrived in Memphis, TN. early Thursday morning. From there we took a load into Austin, Texas, from Austin we went to San Antonio, from there back to Austin, and from Austin to Dallas. Ervin paged me, then called my home number, but he said it wasn't an emergency, so I figured he'd wait. That evening we got a load going to Cincinnati, Ohio.  We arrived in Cincinnati at 2:00 p.m. the next day. We stopped at a store and bought our first computer.
 
Ervin called again, so I called our daughters and told them that if Ervin called, to tell him I'd be home and we'd have all day Saturday to talk. The girls didn't know we were buying a computer, which was something they've always wanted. When we arrived home that evening around 10:00 p.m., we tricked them into helping us unload the car.

When they discovered that we had a computer, they were ecstatic. Fran was tired and went to bed around midnight. We got the computer hooked up, and the girls took turns playing with it. They were up all night. I'd never seen anything like it. They were constantly saying, oh Mom and Dad thank-you for getting us the computer. This is what parents are supposed to do, go out of their way for their children.

I was exhausted but I knew I had to go see Ervin. I turned the hot water on in the tub and filled it up with water. I must have soaked at least 45 minutes trying to loosen up my old bones. With that and a hot cup of coffee. I dressed up in my biker gear, and went out in the garage and fired up my Harley. I knew I had about an hour's drive ahead of me to get to Ervin's.
 
Fran stayed home to make six copies of everything we had on the Andy Miller Case. I had a hard time staying awake on my motorcycle. I knew what I had to do: I had to focus in on little Malinda and Catherine who were looking to me for help. Thinking about them, about all the injustices they'd suffered in their young lives, was enough to keep me awake. I arrived at Ervin's place at about 9:30 a.m.

Ervin was quick to talk about this whole situation about Peter being in the State Hospital. Now Ervin was taking care of Peter's wife and child at his house. What if his brothers and sisters from New York got the okay to come to his house and stay?

I said, "Ervin, the only answer I have at this point is to take one day at a time. Something will make itself known  concerning Peter's instability. I'll see to that." From there the conversation went to his brother James.
 
James was supposed to get the help of higher classed Amish to get a house for his brothers and sister from New York. Like another time when the higher classed Amish were supposed to help, once they talked to the Swartzentruber Amish they backed out.
 
There is no Amish man alive who wants to see these children removed from their parents, because each and everyone of them is afraid of how the public will see it. They have mentioned their school system. They're afraid of counselors being put in each school, and afraid that this could happen to them, as the biggest percentage of the Amish are guilty of rigid control.
 
Ervin's brother James had himself been severely beaten in 1995 with chains, sticks and straps, and was lucky just to walk. Ervin couldn't understand how James wouldn't stand up for his brothers and sisters from New York, especially little Malinda and Catherine. But all the same, he refused to help. He came up with a lame excuse, telling Ervin it was because of me, that the Amish didn't like me involved in this case. Of course they wouldn't. Ervin was frustrated that James refused to help his brothers and sisters.

I said, "Ervin try not to be upset at with James. He's been abused, too. Mentally this might be the best James can do."

Of course, this wasn't the only problem Ervin had. The evening of August 7,19 97 the preachers were there, and they tried their best to get Ervin motivated to get the case out of the court system. The preachers were Enos Yoder and Atlee Troyer. They also told Ervin that I was excommunicated and considered a condemned man, and it wouldn't be good for Ervin to work with me. That nothing good could come out of this to be working with a condemned man. They also mentioned that they're afraid of lawsuits from me, or other legal action that might be taken.

Ervin said, "Uncle David, I honestly believe if it wasn't for you, I would already have been excommunicated, shunned and made an example of."
 
"Thanks," I said. "But I can only hold the Amish back for so long. The way I see it, they're patiently waiting for the 27th, 28th, and 29th of August when the case will be heard in family court. If you children lose this case in court, they'll take this as a good sign. You'll be excommunicated so fast it'll make your head spin."

Lately, Ed Hyde had made the statement to Ervin Miller over the phone, that I had already destroyed these good Amish people's names by bringing the TV cameras in. That wasn't even the issue in this case. I have better things to do. I bear no ill will or hatred on anyone.
 
I ate lunch at Ervin's home that Saturday, spaghetti, pork and beans and coleslaw. It was about 4:00 p.m. that afternoon when I finally left. When I arrived at home, I had to help Fran with the paper work on the case. After supper I sat back and watched TV.  Fran and I had a couple of Bud Lights.

On August 10,1997, we slept until about 7:00 a.m. We all got up, ate breakfast and got dressed, then went to Salt Fork State Park and made a video of me making a speech, a cry for help for our nieces and nephews. We also took a couple shots of the local Amish schools.
 
This video along with our journal and everything we have on the case will be sent to the Committee of Education and Labor Force in Washington, D.C., who also regulates Social Services through out the United States. We also sent a copy of this to Sub Capital Crime Committee, and to the President.
 
We got back home around 1:00 p.m. Fran cooked us a big meal, mashed potatoes, meat balls, corn on the cob, salad and applesauce, an old fashioned Amish meal. The girls both took turns playing with the computer. Fran and I sat on the couch and watched television, something we very rarely did anymore. We even canceled our vacation because of our nieces and nephews. We would love to take our family and go to the beach, go swimming and have cookouts. I really miss that. But the Miller children take a lot of my time. We packed our bags to make the trip to New York City. Debra and Becky asked if they could go along, as they wanted to meet Bryan Haynes and see Arlene and Larry from 20/20 again.
We're all hoping that Bryan Haynes is the special person who can save these Miller children from further abuse. We went to bed early Monday morning.

On August 11, we got up at about 8:00 a.m. After breakfast we were putting together the final packages we were about to ship out, when we received a phone call from Jason and Enna Storm who had very close ties with a well-known attorney Bryan Haynes. He stated that he just got off the phone with Bryan Haynes's secretary, and that Bryan was in court and she couldn't say for sure if he'd make it to the meeting on Tuesday morning.
 
By 1:30 p.m. we made the phone call to Bryan Haynes's office and spoke to Lisa and received the good news that the meeting was on with Bryan Haynes at ABC 20/20 Headquarters on Tuesday in New York City. By 2:00 p.m. we were all loaded up and ready to go to New York City, 485 miles. The girls were glad to go along. We arrived in Patterson, New Jersey, which is right across the river from New York City, at 11:45 p.m. We rented a room at the Holiday Inn, we watched TV for a while and then everybody went to bed.
 
I had a hard time getting to sleep, I was afraid Bryan Haynes wasn't up to the challenge that lay ahead of us. I finally managed to doze off, but it didn't last long. I was glad when morning came and it was time to get up. We got up at about 6:30, at 7:45 we were down stairs eating breakfast, and by 8:30 we were on our way to ABC 20/20 Headquarters.
 
We checked into ABC Headquarters and the Security Officers there wanted to know what our business was and who we wanted to see. After we'd signed in, the officer called Larry from 20/20 and verified our appointment. He gave each of us a visitor's pass, directed us to the elevator, and told us to go to the ninth floor. As we stepped off the elevator, Larry Gifford greeted us with a big smile. We went to his office immediately, joked around briefly; I told Larry we tied our horse and buggy up down in one of the side streets, and to make sure it got some hay and water.

Larry was filled with curiosity. He wanted to know just who was this Bryan Haynes, and just what were my intentions . "As far as who Bryan Haynes is, I honestly don't know," I said. "The way I understand it he's some top notch attorney who's very knowledgeable on the Right to Privacy, Freedom of Religion, and the Civil Rights Act."
 
Larry asked, "David, how did you find somebody like that?"
 
"That's just it Larry, I didn't. He found me."

Just then Arlene arrived. She had a big smile on her face and greeted us all with a big hug and kiss. She was quick to tell us that Bryan Haynes was right on her heels. My heart started racing. I was afraid I might act the wrong way, or say the wrong thing, and he wouldn't take the case. In my mind I had Bryan Haynes pictured to be a man of about 5 foot 11 or 6-foot one and having a ponytail and wearing glasses. Boy was I ever wrong. He was close to 5 foot 8 and weighing in at about 140 to 150 lbs.
 
There was something special about him. He looked very professional in his tailor made suit. When he shook my hand, he looked me directly in my eyes and had a good handshake. After just two minutes of talking to him, I knew there was no way I could afford his fee. This man was brilliant. We were quickly all seated again, and Larry went to get some coffee.
 
Bryan Haynes asked how far I went in school. I told him I was a seventh grade Amish drop out with a low education. I said, "I know it's not very impressive, but eighth grade is as high as I could have gone."
 
"You've got a better education than most attorneys I'm acquainted with," Bryan said, smiling. Arlene Wallace and Bryan Haynes quickly got to the legal aspects of the case. Bryan Haynes soon reminded me of a computer. No matter what kind of question I threw at him in a matter of seconds he had a detailed answer. He agreed on the Civil Rights aspect on this case, and also stated that he'd love to be the one to buy Bishop Jacob Miller his first television set.
 
"Furthermore," Bryan said, “I'm not so sure that anyone who was involved in this case had these children's best interest in mind. We might have to move the trial to Albany, N.Y. due to everyone's close ties to the Amish Community." We also went into great detail of the Amish's rigid control, how they were even shunning little Malinda. From there we talked about Fred Bundy, and almost all other aspects of the case. Arlene Wallace said that 20/20 wanted to be involved as we challenged the Amish system and fought for the custody of the Miller children and to get them out of New York.

We made arrangements to meet again on the 3rd and 4th of September. Bryan Haynes told us he could get a charter flight, to take all of us from Albany, N.Y. to a small air strip in Potsdam, N.Y.
 
"There will only be enough room on the plane for four of us." he said.
 
This created a problem because Arlene needed her Co-producer and a two TV camera crew.
 
Volunteering, I said, "I'll drive since we live in Ohio and it won't be that much further to drive up to Heuvelton. We're truck drivers, and are used to that kind of driving."

Arlene said, "I don't think 20/20 executives will spend that much for a plane ride."
But they agreed to work out the details at a later date.
 
"20/20 wants to do the shoot on September 3rd and 4th and air it in January," Arlene replied.
 
Just then Larry, co-producer for 20/20, walked back to the meeting, having missed almost everything. He had received an important phone call on another case he was working on. Arlene Wallace appeared to be very excited and wanted a copy of my journal.
 
"I thank everyone for your time on behalf of my nieces and nephews," I said, and started to walk off to go get the journal for Arlene.

Bryan Haynes said, "Hold up David, I want to walk down with you." He shook everyone's hand and told them good-bye. He was especially kind and considerate to Debra and Becky, thanking them for their help on the phone in the past.
 
As Bryan and I got in the elevator, he said, "We don't even need 20/20. They're not going to air until January, and that could be too late. We need coverage, but we need it now. My secretary is very good at that; she'll set it up for us. We've got to have a press conference concerning this case."

We were talking all the way down in the elevator, and Bryan said, "David Yoder you no longer stand alone. I'll let you do all the televised speeches. I'll just be there to support you and answer questions you're not qualified to answer. Lets stand up together and show these sons-of-bitches that they can't get away with these kind of tactics."

The elevator doors opened and we walked to the front door facing the street at ABC Headquarters. He shook my hand good-bye with authority, saying, "Stay in touch." It was somewhere close to noon. Larry was waiting to catch a plane to Chicago, and Arlene was going on an interview somewhere in New York City, so they were rushed for time. We said our good byes hurriedly. We had a long drive ahead of us for that afternoon. Larry walked us to the lobby door exit. He still had the same curious look in his eyes, as he did when I first spoke to him. I could tell he wanted to know exactly what I was up to. In a sense, he was right. I was withholding information, and I still am.
 
That afternoon on the way home we called Sack Younger's wife in upstate New York and told her we needed to talk to Michelle and that we'd call back at 6:00 p.m. sharp to talk to Michelle. At 6:00 p.m. we called Michelle at Sack Younger's house. Michelle seemed relieved that they were finally getting an attorney.
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[Rhokia]

http://web.archive.org/web/20140815225346/http://www.amishdeception.com:80/chapter_22.html

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All names have been changed to protect the innocent. Copyright (C) 1997. By David E. Yoder
Go to RESOURCE section!
You can click on the Zero if you need assistance.  If you are an Amish Victim you can also call me on my cell # 1-740-359-1030

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.
[*/quote*]

[Rhokia]

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CHAPTER 23

Since the Amish, were applying much pressure to the local legal system at this time, we had to expect the unexpected. We didn't trust the local legal system in St. Lawrence County, or the Amish. The Amish had made many phone calls to St. Lawrence County Sheriffs' Department stating that I was a bad individual and that was the reason they hadn't helped the Miller children. One Amish man who called went as far as stating that he thought I was a fugitive from the state of Texas and a trained killer.

On September 12th, I talked to Ervin. I tried to focus on my work. The Miller children from New York called my 800 number and talked to our daughters for a while. Little Stephen spoke too, but he wasn't used to the telephone, and it was very hard for him to understand. I understand that the Miller family might not be the ideal family, and that some of the children appear more nervous than others. Two of them have already been sent to the mental hospital, and unfortunately, I expect more to go as time goes along.

On September 13th and 14th, I stayed focused on trucking. On the 15th and the 16th I made a couple of phone calls to check up on the Miller children. Later I learned that on the 16th that Jonas Miller, who is my niece Anna's husband and the Bishop's son, threatened to commit suicide because of all the trouble.

Jonas's wife, Anna, is a sister to the ten remaining Miller children, and has done nothing to help her brothers and sisters. In fact, when Michelle Miller asked her sister for help Anna refused. It was a completely different story when Anna was still at home, she could never talk fast enough about the abuse she suffered. But Anna was now married to the Bishop's son, and now had a child of her own.
Things changed.

How do I know that Jonas Miller made the phone call? In the Amish settlement in Wayne County, Ohio, the higher classed Amish have phone shacks on their farms near the road. Anyone in the neighborhood is welcome to use the phone, and you must write down your name and the phone number you called. When the bill arrived, you'd have to pay for whatever calls you made. Jonas's name was registered on the book, the time, the date and place, and Jonas was on the side of the parents. The phone call went to the Miller children's neighbor Jack Wayner.

On the September 17, Catherine, age six, had an accident in school. This was also the day Michelle went to Ogdensburg Hepburn Hospital to get an MRI done. Her appointment was for 12:00 noon. While she was in the emergency room, her little sister Catherine arrived in the emergency room also, driven there by Sherly Younger. While in school, Catherine some how or another got hit in the head with a baseball bat by one of Joe Miller's daughters. Catherine had a big bruise on her forehead.

I wasn't home and the Miller children tried desperately to call me. Our two daughters were at home, and had the Miller children thought about it they could have left a pay phone number at the hospital and I could have called them back. After our daughters received the first phone call I was paged, and I called home and they gave me the message. I learned later on that evening that Catherine was released from the emergency room and appeared to be okay. Of coarse, Michelle also was done with her MRI test. What an exciting day.
 
On September 18th, someone mysteriously showed up at Jack Wayner’s house while the Miller children were there washing off their buggy. They had taken the buggy down there because Jack and Donna had water under pressure, which would make cleaning the buggy easier. This was before lunchtime. Jack tried to act stupid in front of the Miller children when the stranger showed up, but Jack never questioned the guy, whose name was Jim Brady.
 
Jim asked, "May I use your phone?"

"Yes," Jack replied. Jim stayed on the phone for quite a while. When Jim got off the phone he told the Miller children, "I just got off the phone with Jerry Wayner, and he said it was okay for me to do a story on you kids."

Paul replied, "We are under orders not to talk to anybody."

Jim said, "Yes, I know, but this won't be published before the case is over with, and Jerry Wayner Okayed it." The Miller children thought that since Jerry Wayner was the arresting officer, if he said it was okay, then it must be.

Jim Brady said, "It would be better if no one told Ed Hyde about this."
 
"How come your car isn't marked?" Paul asked. "What is the name of the paper you're writing for?"
 
"My car is unmarked, because I have expensive equipment in there, and I'm a free lancer. I write for a couple different newspapers," he said.
 
Joe Miller, who is on the school board with the Miller children's father, told Sherly Younger, a neighbor of the Miller family, that if the Amish lost this case that the American public hadn't seen anything yet that the Amish would do things they had never done before. Does that mean that they would intentionally set up the Miller children, so they'd lose? No one who had the children's best interest at heart would even dare to bring any kind of reporter in at that point.
 
Jim Brady put his camera equipment in back of the buggy after they finished washing it off, and took pictures all day long. He also intended to spend all day Friday with the children, which would have been the 19th, which would have been the day the children would have taken their baths.
 
They take a bath every other day now, instead of every six months like most of them did when their parents were home. Jim Brady wanted a picture of little Catherine and Malinda bathing themselves in the foot tub. When Ervin brought this to my attention at about 8:45 p.m., I went through the roof.
 
I said, "Ervin, your brothers and sisters are probably being set up by the Amish. If this picture is taken and makes it into the newspaper, there's no way in hell that Michelle will be able to get custody of the kids."

Ervin had talked with Jack that evening so I asked if I asked Ervin if Jack knew anything about it. But he said Jack acted ignorant about the whole situation, and said he didn't know what was going on. I called Mr. Hyde, who said, "Oh, no, we can't have this."
 
“I know. That's why I'm calling you. I need your help to stop this." While I was talking to Hyde on the phone, Ervin was trying to get a hold of Jack Wayner.
Jack's phone, which is equipped with caller I.D., just rang and rang. I expressed my deep concerns to Hyde, and he understood. He said, "I'll see what I can do to get it under control."

Less than 45 minutes after I hung up the phone, Mr. Hyde showed up at the Miller residence. The children said Hyde was actually shaking that is how serious this matter was if Social Services got a wind of it. Hyde told the Miller children he wasn't mad at them. From there he went down to Jack Wayner's. Hyde talked to the reporter for 45 minutes, and was still shaking. He told Jim Brady it would be best not to publish anything until it was over with. Jack told Jim Brady it would be best if he went home to Syracuse. However Jack Wayner had been prepared give the reporter free room and board for how ever long he was going to be up there to interview the children.
 
When Fran, Ervin, Michelle and I were interviewed at the New York State Police Headquarters in Ray Brook, N.Y. on the 22nd of July, Lt. Jim had told us that Jerry Wayner had close ties to the Amish community.
 
Thanks to Mr. Hyde, we were able to stop that on the evening of the 18th. At 11:00 p.m. I received a phone call from Mr. Hyde stating that the situation was under control. Hyde had told me earlier that he was going to be in Ohio taking more statements from Ervin, Peter, and James Miller. By the time this episode was all done with I had spent an hour and a half on the phone. Neither Jack nor Jerry Wayner was able to give a solid reason for their actions, but having a reporter taking pictures of Malinda and Catherine in the foot tub was done for only one reason: to destroy the children. Thank God we were able to put a stop to it before it happened.
 
On September 20th, Ed Hyde was at Ervin's house in Ohio. Ed ate dinner with Ervin and his family and his brothers Peter and James. He told them that he'd talked to Roy Vance, and that Vance had failed to look at this from a professional standpoint, didn't see the severity of the case. Back in 1992, Atlee Byler told me that if the Amish were ever to have any legal trouble, his good friend Roy Vance would see to it that it worked out in the Amish's favor, that the Amish wouldn't have anything to worry about. At that time Roy Vance was only an assistant District Attorney. It seems Atlee Byler knew what he was talking about.

Apparently, Roy Vance would rather protect his Amish friends than stand up for the innocent children. However Roy made a beautiful statement on WWTI TV Channel 50, but his actions spoke louder than his words.
 
I had a lengthy conversation on the phone with Ervin. Ervin said that Mr. Hyde wanted to know how our little circle of our communication worked. Ervin explained, "If any of my brothers or sisters from upstate New York have any problem during the day, they call me in the evening. If I think there could be a problem, I page Uncle David. When my Uncle calls me back, we look at it from all different angles. We come up with a decision after we've carefully evaluated the situation. Then I call my sister in New York and let her know of our decision."
 
Since Ervin has been excommunicated he has been playing a more important role in fighting for justice for his brothers and sisters. I used to personally talk to Michelle quit often, but this way it takes a lot of pressure off me, and gives me more time with my own family and employment. However, if Michelle needs me all she has to do is call home and let me know, or let Ervin know she needs to talk to me.
 
On the 22nd, the news media were having court hearings because they were desperately trying to bring the TV cameras in to televise live the proceedings concerning the Andy Miller case. It seems as if I may have kicked up enough dust that finally someone was starting to listen. If Andy and Emma Miller weren't Amish, I know that Roy Vance would prosecute them.
 
I doubted I'd be able to change the system enough so Amish children could get justice in the future, but I was beginning to believe the Miller children might get justice in family court. Ervin and I agreed that we might have been too hard on Ed Hyde in the past. Now, it's clear that he finally understands the severity of this case. I'm not asking much from Roy, all I am asking is that he prosecutes Andy and Emma Miller the same way he would someone wearing English clothes.
 
On September 21, I had a lengthy discussion with Michelle and Ervin. Ervin was the subject of a big article in the Watertown paper over the weekend, and channel 7 also flashed a piece of the Miller children across the TV screen. On September 22, we had a load of freight to take from Salt Lake City, UT. to Portland, Oregon. I checked in with Ervin to see if the court ruled that all court proceedings concerning the Andy Miller case could be televised. Ervin stated he tried to reach Mr. Hyde six times, and it was now 8:00 p.m., and Mr. Hyde still wasn't at home. So he didn't know.
 
I asked about his brothers and sisters in New York, and he told me there'd been no new developments. Ervin talked about his article in the paper and being on TV I thought he kind of liked that he was the only one who hadn't been told he couldn't talk to reporters and TV cameras. I don't care for the television news media, or even newspaper reporters, but they'd definitely helped in this case.
 
On September 23, Michelle got her test results back. The bone specialist said that he didn't find anything wrong, but someone else from the hospital said he wanted to do more tests, because there was an unexplainable black dot in the x-rays, which could be the cause of the pain. Ervin and I had a lengthy phone conversation, and Ed said the Judge had 13 pages of violations that he found on Andy and Emma Miller incidents of extreme corporal punishment. I understand it was also mental cruelty when they put James in the water cistern at the age of 4, and the severe beatings James, Peter and Michelle have received.
 
  On September 24, we were already aware that the Judge had found Andy and Emma Miller guilty before the trial date. On August 27, both parties agreed to use the prior transcripts so none of the children would have to testify again: an outstanding move on Ed Hyde's part. I realized that the case probably wouldn't go the way I thought it should.  I also knew there were no winners in this case. I was going up against my own sister, to fight for her children's rights to justice. Still, I don't hate Emma, no matter if I think she's guilty of murder or how severe the child abuse has been. Instead, I find myself truly feeling sorry for her, wondering how this could have happened to the lovely girl I knew as a child. I continued to wish Emma would just go and ask for help.

She was offered free counseling by the courts, but she and Andy only showed up once, and failed to get anywhere with the counseling. To this day, it appears that Social Services were working for the parents and not for the children.
Some believe that Andy and Emma are being punished, both mentally and financially, but that's not true.  After their arrest and removal from the residence, they stayed with the Amish with the Bishop's son Elmer Miller in Heuvelton, N.Y., . Then they were transferred to a women's abuse shelter just outside of Canton, N.Y. and stayed there for about 30 days. From there they went to a motel. St. Lawrence County and the State of New York picked up the expenses, so the taxpayers paid for it.
 
In the June court hearing when the Amish learned that they weren't going to be able to force the legal system to let Andy and Emma come back in their own residence, they were disappointed. They protested in the courtroom until about 7:30 p.m. that day, until finally Andy and Emma's attorneys put them in the women's abuse shelter just outside of Canton, N.Y. free of charge.

Bishop Jacob Miller and his preachers thought Andy and Emma should be able to go home, saying the Amish were too poor to give them a home. That has always been the Amish way: to cry poverty. They would like everyone to believe that they are just poor innocent farmers. This defense has always worked for them in the past, but the truth is, they are neither poor nor innocent.
 
Most of the Amish farmers have their farms paid for, and money on the side. The reason that the Amish couldn't give Andy and Emma a home was because they were all afraid for their lives. They worry that if they gave Andy and Emma a home and I was to find out that I might seek revenge. They used me to get what they wanted, and the local system gave in, by sending them to the shelter.
Andy decided to push things a little further. While still with his attorney, who was giving Andy a ride to the abuse shelter, he went "hysterical," saying that he knew I would kill him. Andy went on and on about how bad I was, so he and his attorney called St. Lawrence Sheriffs Department and made a report.
 
Bishop Jacob Miller testified earlier that day, in court, that the only reason they hadn't helped the children was because of me. He said they were afraid of me and that's why they hadn't done anything for the children. It hurts me to think someone could even think that about me, but it does prove that the Amish like the rest of us, are human. They'd do whatever it took to try and get the case back in the hands of the Amish. Andy and Emma's attorneys were arguing that they didn't want the children to move to Ohio because of their Uncle David.

Mr. Hyde wanted to know how far I lived from Ervin's house and what I did for a living. Ervin told him that I was a cross-country trucker. Mr. Hyde at that time made a joke about it, saying, "I bet your Uncle David hauls nuclear missiles for a living, too."
 
My nephew Ervin explained how my wife and I pulled doubles across the country for different companies. He told Mr. Hyde that we live about 60 miles from his home in a little town called Cambridge, Ohio. Ervin then offered to take Mr. Hyde down and show him where I live. Ervin knew Fran and I wouldn't be home, but my daughters would be.
 
Ervin said, "You'll see for yourself, Mr. Hyde. You'll get to meet his daughters and see his home. You'll see that my Uncle David has never been a threat to anybody, he's just trying to help."
 
"No," Mr. Hyde replied, "that won't be necessary. The other side is just making a big issue out of your Uncle. I was just curious. I needed to know those things from an attorney's standpoint so I know what I'm talking about, because all this will be a big issue in the future if I try to bring your brothers and sisters from New York to your place. In fact," Mr. Hyde added, "the Amish have already made a big issue out of your Uncle David." There seems to be no limit to the level of deception that the Amish will stoop to.
 
Mr. Hyde has spoken to a lot of different Amish from upstate New York concerning this case, and there are some who realize that things have gotten out of control, and want the local system to handle it. So, like non-Amish, there are good Amish who do not believe in these types of beatings. Some of these Amish have even tried to stand up for these Miller children, but were quickly put back in their place. Bishop Jacob made them aware that he was the chosen one, and they were only the followers. I believe Bishop Jacob is terrified of the outcome of this case. He's afraid this will open the door for the public to come in and perhaps investigate more of his members. Bishop Jacob has ordered all his members to support the Miller parents rather than the children. The Bishop and Preachers were well aware that they needed to win the court hearing, scheduled for the week of Sept. 25,1997, in order to protect their Culture.
[*/quote*]

[Rhokia]

http://web.archive.org/web/20140815225346/http://www.amishdeception.com:80/chapter_24.html

[*quote*]
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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.
[*/quote*]

[Rhokia]

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CHAPTER 25

On October 8th Andy Miller's children moved into their home at Kokomo Corners. The Amish had done everything in their power on October 4th, 6th, and the 7th to get the house ready for the Miller children. They realized the quicker they got the children moved the quicker the parents could move home. But no matter what the reason was, they finally did something for the children. I was thankful for that.

On the day of the move, things didn't go the way they should have. My sister threw another fit. Emma didn't want her daughter Michelle to take her dresser and bed that were given to her and even had the nerve to complain that the children took all their dressers and clothes. Nor was Emma going to give up any of her good dishes, or any of the silverware she had down in the kitchen.
 
She was however, willing to give up some silverware she'd bought at a garage sale for almost nothing and which was stored up in the attic. My sister had prepared herself for when the children got older; she had bought a lot of silverware, dishes, and cookware and stuffed them in the attic, which was pretty full. Emma also had a lot of extra items in the old washhouse.

Pam Reaper was back in charge. Pam Reaper lived a couple miles down the road from Bishop Jacob Miller. Still, I had to be grateful to Pam Reaper for what she did, and the items she was able to get for the children. They got five beds, Michelle's new dresser and two old  dressers, three chairs, two benches, and an old rocker. They also got 13 forks, 12 spoons, 10 knives, a rusty spatula, 10 plates, 10 of the worst water glasses she could find, and 3 old pieces of cheap stainless cookware.

On the day of the move Emma demanded that she and Andy get half the items that the public had donated to the children. However, there wasn't much left because the children's neighbor Jack Wayner had demanded that the children bring all their donated items down to his house and he would keep them, in case the parents came home without notice. Jack stated this way nobody could get to them, because he would keep his door locked, and the Amish wouldn't steal. 

Michelle said there were 100 rolls of toilet paper; she didn't remember how many tubes of toothpaste, bath soap, paper towels, hand towels, shampoo and other items. Jack had help set these donations up for the kids, which I thought was great. Jack had also tried to talk Michelle into putting her new bed, dresser and some of the new dishes in his house for him to store. Thankfully the Miller children didn't do this, because all the donated items that were put at Jack's for him to protect disappeared.
 
On October 9, we got our car serviced and got ready to make the trip to New York in the evening. We arrived at Ervin's place in Wayne County, Ohio at 8:00 p.m., and picked up Ervin, his wife Ann, and their son Lester and we were on our way to New York State. We were all anxious to go to Kokomo Corners to see the Miller children. We'd already loaded our car up with items for the Miller children.

The car was loaded so that Ervin and his wife could only get one small suitcase in for the trip. We talked about the children's move. Ervin said he'd received a call from his brothers and sisters that they had a rather bad departure, as there was no one there to help them move. Nor were the children allowed to get the two-seated buggy. Ervin was further  frustrated at what Jack Wayner had done. I wouldn't even do this to my worst enemy. But I couldn't concentrate on this, I had to focus on moving ahead.

On October 10, we arrived at Kokomo Corners at 5:30 in the morning. We drove up past the Miller residence, went up to Spile Bridge Road and turned around and came back to Kokomo Corners. While we were unloading the car, Jack Wayner went up and warned Andy and Emma that we were there. The area was well patrolled by St. Lawrence Sheriffs' department and the New York State Police for the first twenty-four hours.
 
When we first walked in the house, I couldn't believe what I saw. The children were put in a home without the daily necessities that they needed to survive. We'd all been up for twenty-four hours, and were very busy all day long, helping the children clean up the home, buying items they needed and getting organized. The day went by quickly. Ervin and his family went to bed somewhere around 7:00 p.m. that evening.

The children needed a table, chairs, dishes, blankets, curtains, doorknobs and locks for the doors. This house was in such bad shape the children couldn't even lock the front door. I was deeply concern about this, because they lived on a heavily traveled highway. My wife and I both had agreed that it didn't matter how much this costs us, we would help out as much as we could, we had about four thousand dollars available. The items they needed didn't come cheap.
 
The beds and the dresser that Andy and Emma gave the children were in bad shape. I felt guilty about not replacing some of the mattresses and the dressers, but there is only so much I could do at one time.

That evening Michelle went in great detail about how she felt abandoned by the Amish. Michelle said, "Uncle David, I don't think I could ever forgive my parents for the way they have abused me, how could someone treat their children the way they treated us. I hope if I ever have children I won't treat them the way my parents treated me."
 
She went on nonstop about how hard it was raising her brothers and sisters, and how sometimes she would like to get on with her life, and that the pressure was sometimes more than she could bear. Michelle said, "I hope someday we can all move to Ohio where we can get the support we deserve." Sometimes she felt like talking to the Amish and other times she would rather not see them.

Michelle further said, "Uncle David, I don't know how I will ever be able to repay you for what you have done."
 
"You don't owe me anything all I'm trying to do is help," I said.

On October 11th, we got up early again, around 6:30 a.m.  Michelle wasn't feeling well, she was pale in the face and weak, she complained of stomach cramps. Michelle told Fran that she'd passed blood in her urine. Fran and I discussed this matter, and I decided we couldn't take any chances. My wife and I were well aware of the extensive test that the Hepburn Hospital in Ogdensburg had done on Michelle. They weren't bringing the results back as we thought they would. Each test result on her hip had been negative.  I told my wife it would be best if she took Michelle to the emergency room.
 
I always remember what Sherly Younger said a while back, when she took Michelle to the emergency room, when she thought she had a stroke.  The doctor told her that he had no doubt that all the pain was real to Michelle. That usually happens to someone who was all used up as Michelle was.
 
Also on the 11th, I was also very much surprised, I got to speak to the preacher's son Joe Miller as he stopped when he passed by Kokomo Corners. Joe asked me to come out to the road by the buggy. I even sat on Joe's buggy with him.
 
I asked Joe,” Is it true that the Amish are afraid of me?"
 
Joe said, "I don't know, but I know you, David. You're nothing to be afraid of."
"Thank you Joe. That's what I wanted to hear."
 
Later my brother Pete also passed Kokomo Corners and stopped by the road. He and I had a beautiful twenty-minute conversation. Everyone in New York recognized our car, and more than fifty percent of all Amish went out of their way to wave and smile to us, and even say hi if they were close enough. I made sure I waved at every one of them and treated them with respect. Yesterday there were at least two-dozen or more Amish up at the Miller farm helping Andy and Emma Miller.
 
Quite a few Amish think Andy and Emma were done wrong. When Fran and Michelle got back from the Emergency room, Fran said they did a Pap test and pelvic exam on Michelle. They had to wait 72 hours for the results. We stayed busy all day and didn't get to bed until 2:30 a.m. that night.
 
On October 12, we got up around 7:30 a.m. We had a big breakfast, and after that I went to Ogdensburg and bought a telephone for the children. Fran and I are paying to put a phone in their home, as we're trying to make these children more capable of taking care of themselves.

We left for home about 10:30 a.m. and arrived at home around 10:00 p.m. We sure were glad to be back home.
 
October 13th was my birthday. The Miller children had a birthday party for me in New York, and today I was having a birthday party at home with my family. We didn't get much done today, but the day went by rather quickly. On October 14, I got packages, of documents concerning the Miller children, ready to be sent. . I also recorded videotapes and TV footage.

On October 15th, I called Upstate New York and got a telephone put in the Miller children's home at Kokomo Corners. After we got that established, we called our local and long distance company and set up service for the Miller children.  On October 16, I talked to Ervin.

He said, "Sometimes I think the kids will all be back with my parents in time, but I believe if it does happen, it'll take a very long time."
 
I've been asked over and over why I never tried to take the children out of the Amish. My only objective was and still is to try and help the children. It's not important whether I agree or disagree with their point of view. My goal was not to make the children give up their Amish lifestyle and beliefs. I only wanted and still want them to be safe.
[*/quote*]

[Rhokia]

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CHAPTER 26

On October 19, I talked to Ervin, and he advised me that his brothers and sisters in New York had Amish company for the first time since the arrest of their parents. My brother Pete's oldest boys visited them. Pete's boys stated that Pete said that they were welcome to visit the Miller children as long as they agreed to leave things the way they were at the Miller children's home, and not make any trouble for their cousins. I told Ervin I thought that was very nice. I thought maybe the nice conversation I'd had with my brother had helped ease tension.
 
In the early morning hours on October 22, Fran decided she would try to call the Lehman Hardware store in Kidron, Ohio in the middle of the Amish settlement. The manager answered the phone and Fran politely began explaining who she was and what she was after. She went into detail about the Miller children, everything that had happened to them, and how they were essentially without even the barest necessities. The manager, Zack, listened patiently, then told Fran they have a fund set up for just such circumstances. He asked for a phone number of an agency where they could donate through, and Fran told him to call the renewal house and speak to Sheila Easton.

Fran also called the Spector Store, a cloth store in Mt. Eaton, Ohio, which is run by the true Old Order Amish. She asked to speak to the manager, Sarah Mast and told her basically  the same thing. Sarah said they would love to donate, but it would have to be within the State of Ohio, that was their store policy.

However, Sarah suggested that we try contacting the Old Order Amish Bishops. We'd tried that before and they'd all been willing to help until they contacted the Swartzentruber, Hershberger and the Miller Bishops. Fran thanked Sarah for trying to help.

On October 23rd through October 25th, I stayed busy trucking. On the twenty-fifth we received a phone call from the manager at Lehman Hardware telling us they'd sent a box of dishes to our niece and nephews in New York. We thanked them and advised them on the week of the 25th of November, we would personally show our appreciation. Zach at Lahman Hardware said he was looking forward to meeting us in person. 

I had a lengthy conversation with the children. Clara, age 11, no longer cries herself to sleep. She seems to have made a major change for the better. She even appears mischievous at times. Catherine, age 6, seems happy, too, as long as her parents are at a distance. Malinda, age 5, is quick to tell her parents at visitations what is on her mind. She's only four years old, and it's clear she doesn't want to have her parents at home. If she just hears the word belt or whip, she goes off in a corner and starts crying.
 
She still has a heart murmur, but the doctors say she will probably out grow it. Rachel, age 19, has a hearing aid in one ear. She lost almost all the hearing in that ear due to the extensive untreated ear infections she had as a child. Ervin, age 27, is still expelled from church in Ohio for helping his brothers and sisters, but otherwise he's doing well. Kevin, age 19, worries a lot for his brothers and sisters and their well being thought he, too, appears generally relieved.
 
This week Kevin was able to work all week at Ray Chambers, so that was good news. He's hoping to get off public assistance. Paul, age 16, is starting to feel his oats. It's not hard for him to crack a smile, and he's always helping around the house, with the cooking, the dishes and laundry. Stephen, age 12, has made a major recovery and no longer wears a constant frown. Stephen is also the oldest of the four children going to school. Betty, age 15, at times appears normal happy, but she also has mood swings.
 
I'm convinced it's psychological caused by being locked in the closet with a weapon by her parents. Betty was convinced that she would be shot at some time. She's on Prozac, which is an anti-depressant, but she's slowly recovering. Then there's little Raymond, age 7. He's a lot like Malinda still easily upset.
Evidence of child abuse is still very noticeable in Raymond. His grades in school aren't good.
 
Overall these children all have made a major come back. The deep hurt so obvious on their faces before is no longer so visible. Before when you talked to them, they looked down at the ground. Now, they can look you in the eyes, and it doesn't take every ounce of strength they have got to crack a smile. Recently Michelle got to speak to her friend Mary, a daughter of Mahlon Yoder, which did my niece a lot of good. Mary told Michelle how much she missed her. They have been best friends since childhood. Mary went into great detail about how the Amish parents in Upstate New York went out of their way to try to discredit the Miller children. Mary further stated that the rumors had gotten so far fetched that they were nearly impossible to believe. She said that often the younger Amish got together and talked about the Miller case.
 
Mary said, "The younger Amish found it hard to be ordered by their parents to go and help Andy and Emma Miller on their farm. We feel by doing this that we are supporting your parents, Michelle. We don't agree with what your parents have done to all of you just because most of our parents do agree with your parents."
Mary was working across the road from the Miller children at Kokomo Corners.
Michelle wasn't aware of this until she went over there to buy eggs and milk for her and her brothers and sisters. Michelle and Mary had a great conversation.
 
Mary said, "I have to leave. I can't talk too long. Michelle, you know how married people are about this case. I think you will start seeing a change in Upstate New York slowly but surely." Michelle sounded happy when she told me this.

This week the Miller children also took their buggy to the repair shop, run by Simon Slaubauch. They asked Simon to fix the buggy wheel just good enough so it would last for a little while. The word was quickly spread to the Miller children's parents. Andy Miller went over to the repair shop and told Simon Slaubauch that he wanted that buggy fixed right, and that he was paying for the bill. On Friday October 31st during their visitation Andy handed the children a container of black buggy paint and told them it was so they could paint their buggy and make it look nice.
 
The week of the October 20th was the first time Andy and Emma went to their court ordered counseling. My sister broke down and cried convulsively, she is apparently starting to realize that she has done some terrible things. Andy didn't budge an inch. The next week they skipped their counseling visit, claiming they forgot. Michelle was going to the therapy session with a driver and as they passed her parents place Michelle noticed they were still at home so she stopped in. Michelle walked in the house and said, "Mom aren't you going to your counseling today?"

Emma replied, "Oh my God, I forgot."

Michelle said, "You and Dad can ride with me and my driver into Ogdensburg."
 
"We'll be ready in just a couple minutes," Emma said. Michelle walked outside as her father walked in. They waited a couple minutes outside with their driver, and then her Dad walked out and said, "Michelle, we have a horse and buggy now, and it's too late for us to make it in there with our buggy. We'll just wait and go to counseling next week."
 
"Well, I just thought I'd offer," Michelle said and left.

I'm concerned for my sister's safety. If Andy is too pig headed to admit he has a problem, there's nothing I can do about it. But I will continue to do everything in my power to start easing tensions between the Miller children and the Amish community.
 
During the week of November 16th, I learned that on November 4th Harvey Hershberger, an Amish man from Knox County, Ohio lost his children to Social Services. He belongs to the same church as my sister Amanda does. Just 48 hours later he was reunited with his children. It happened so quickly because the Hershbergers realized what a terrible mistake they had made.

They told Social Services they would do whatever it took to get their children back. I hope the day comes soon when Andy and Emma do the same. But if they don't, I'm prepared to give their children a home. I keep praying for a peaceful ending. In the meantime, I continue to try and ease tension between the Miller children and the Amish from Upstate New York. One thing is for sure: things are changing for the better for these children.

On the 19th of November Michelle went into the Hospital and stayed for three days. They ran all kinds of tests and found nothing. I'm seriously concerned about Michelle's state of mind. Lately, whenever I call up there, Michelle is yelling at the children, telling them to shut up and get out of the way. I believe that the pressure is getting to Michelle and something is going to have to be done. I no longer put too much weight on anything she says, but I take into consideration that Michelle takes a lot of prescription drugs.

On 12th and 25th of November, 1997, a home study was done at our residence in Guernsey County, Ohio, as requested by the state of New York. The Commissioner from Guernsey County Social Services ordered caseworker Julie Jackson to do the study. In that report it stated that Social Services from New York wanted the State of Ohio Social Services to question me about whether I had anything to do with an Amish sawmill that mysteriously burned down in St. Lawrence County, N.Y. Social Services from N.Y. also wanted to know if I have been terrorizing the Amish in St. Lawrence County.

On November 12 when Caseworker Julie Jackson walked through the door of our house, she appeared nervous and frightened. We were nervous too at first, because we didn't know what to expect. Julie wasn't in our home for long before she relaxed and realized that perhaps Social Services from N.Y. had a vendetta against the Yoder family.
 
Julie explained that she had tried to avoid taking this case because of the ridiculous and outrageous report St. Lawrence Social Services had presented to Guernsey County Social Services. I read some of that report, and it was quite shocking. The Amish had Social Services convinced that I was out of control. We passed the home study with flying colors, and asked for a copy of the report the St. Lawrence Social Services sent to Guernsey County Social Services. We also requested a copy of the home study.

Julie replied, "David, I don't know if I can do this. Why do you want a copy of both reports?"
 
"Simple. If the Miller children can't be reunited with their parents we want to give them a home. We don't want Social Services from St. Lawrence to lie and say we weren't cleared to give the Miller children a home."
 
Julie said, "Okay I can understand that. I'll see what I can do. But I still don't understand what you want with the report that St. Lawrence Social Services sent to Ohio."
 
I said, "Julie, if Social Services discriminates against us and puts the children in a foster home, I want to be able to prove how prejudiced Social Services from New York is towards me."

"I truly sympathize with you, but that's highly irregular, still, I'll ask my supervisor and see what I can do. I'll also need a criminal background check on you and your wife to make sure you have a clean record.” Julie was a true professional nothing like N.Y. Social Services.

A week later Julie sent us a letter with a copy of the home study that was done on us. In the letter it clearly stated that there was no reason for Social Services to deny us custody of the Miller children. Julie said she couldn't give us a copy of the report that was sent to them of us from N.Y. Social Services, but she was able to give us a copy of the study that the State of Ohio did on us.

Julie said, "Call me if you need further assistance. It's truly been my pleasure meeting you and your family."
 
The week of Thanksgiving of 1997 I contacted 50 Bishops and one preacher throughout Holmes and Wayne County, Ohio and New York, trying to get the Amish motivated one more time. This week we also had a meeting with Bishop Menno Miller from Guernsey County, Ohio.

He said, "The Miller children are welcome to come to our church and school system even if they lived with us." Menno himself was interested in possibly giving them a home. I assured Menno that if he did I'd stay clear of the case.
He furthermore stated, "We will be holding a meeting concerning these issues as soon as possible, and that there will be a couple of preachers going to New York the first week in December to talk to Bishop Jacob Miller."
 
Menno Miller said, "If Andy and Emma Miller are considered unfit parents I don't see any reason why some Amish family from either Ohio or New York couldn't give these children a home. It won't bother us if the law was involved and ran occasional checks to see if the children are okay."

Menno went into great details, in his opinion a person should do whatever it takes to get these children back in the Amish community, they would work with the law. "Well," I said, "Menno, that's good. But it hasn't happened in New York.”
"David, New York settlement is a little different. It has its own reputation." We must have talked for forty-five minutes, though I could have easily spoken to this man all day long. I figured with all the rumors going around about me that Menno wouldn't be so nice to speak to.
 
Menno said, "Yes, David, I heard all the rumors. But I've known you for years and you're not a dangerous man." I shook his hand good-bye with a big smile on my face, and told him it truly was an honor.
 
This week Michelle went in for a check up. She was again complaining about pain. Michelle's Doctor was able to convince her that she was doing all right and refused to keep her in the hospital. I don't know, one minute Michelle seemed okay and the next minute she seemed about to die. I know it's the pressure. Michelle claimed she had such a bad headache that she could see the ceiling in the living room move when the kids were playing upstairs. Poor Michelle, the burden of all of this, fell squarely on her shoulders.

Due to Michelle's instability at this time, I thought would be a good idea if Ervin made a trip to N.Y. to visit his brothers and sisters. If anyone could help Michelle, it would be Ervin. The day after Ervin left to go home from New York his two sisters, Mary and Anna and Anna's husband Jonas arrived in New York and spent all afternoon and even ate supper with their brothers and sisters.
 
The sisters stated that before they went back home they would come back, spend the night and help them sew clothes. Emma was also going to be busy helping sew clothes for her children. Michelle called the emergency squad that afternoon and went to the emergency room at Hepburn Hospital in Ogdensburg. Again they ran tests and found nothing. They gave her medicine and sent her home.
[*/quote*]

[Rhokia]

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All names have been changed to protect the innocent. Copyright (C) 1997. By David E. Yoder
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You can click on the Zero if you need assistance.  If you are an Amish Victim you can also call me on my cell # 1-740-359-1030

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.
[*/quote*]

[Rhokia]

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All names have been changed to protect the innocent. Copyright (C) 1997. By David E. Yoder
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You can click on the Zero if you need assistance.  If you are an Amish Victim you can also call me on my cell # 1-740-359-1030

CHAPTER 28

September 8,1998 the five youngest Miller children moved away from Kokomo Corners to live with their Amish foster parents Joe and Mary Hershberger in another Amish settlement in St. Lawrence County near Norfolk, New York. The younger children cried as they parted from their older siblings. Being placed in a complete stranger's home wasn't easy for the five youngest children.
 
Michelle, Rachel, Betty, and Kevin remained at Kokomo Corners until the last of September. Mr. Hyde arranged for Michelle, her two sisters and brother to rent a duplex in Potsdam, New York where he lives . Mr. Hyde is also a Judge in the small town of Potsdam, and has a law office in the back of a hardware store with one incoming phone line for a telephone and fax machine.

The last of September, Michelle, her two sisters and brother moved to Potsdam. They had to leave behind all items that belonged to their parents because Andy and Emma made such a big ruckus that they were afraid that the children would take some of their personal belongings with them.

During this time Ervin called Michelle a couple of times trying to find out how the five youngest children were doing at their foster parents. The only comment Michelle would make was, "Oh, I guess they are doing okay." Michelle made further comments that we now have to get on with our lives.

The beginning of October we received a wedding invitation from Fran's sister Becky in Wayne County, Ohio. Becky and her husband Jacob belonged to a less conservative church known as the Andy Weaver church. They weren't near as strict as the Swartzentruber, Hersberger, or Miller Amish. They have the battery lights, and the slow moving vehicle emblems on the buggies. They are a little bit stricter than the True Old Order Amish.

Our daughters had never been to an Amish wedding before. The wedding was to held on October 13, which was my birthday. It was very rare that we ever were invited to an Amish wedding. Fran had three brothers who lived in Wooster, Ohio, who weren't Amish, and her sister Sarah, who wasn't Amish, was living in Columbus, Indiana. One thing for sure we wouldn't be the only outsiders in the wedding. Our daughters were delighted to attend an Amish wedding.

We couldn't wait until October 13th. When we arrived at the wedding the service had already started. The wedding was held at Jacob and Becky's Amish neighbors. It was such a beautiful day the service was held in an outside building, which was a furniture shop. The Amish had a couple of benches off on the side for those of us who were not Amish.

I don't know for sure how many attended that weren't Amish, but there had to have been at least twenty or more. Fran's three brothers and their families were able to attend. Sarah from Indiana couldn't make it. There were some other English people who were either Jacob's neighbors or people he worked with. There were some Hershberger, Swartzentruber and Miller Amish who also attended the wedding. However, the biggest majority of the Amish were of the Weaver church.

The young couple was married around 11:30 a.m. Lunch was prepared at Jacob and Becky's home, which was within walking distance from where the services were held. Due to large number of people who attended the wedding, it would have been difficult for Jacob and Becky to feed them in their house. For that reason, they had cleaned out the upstairs of their barn and set up numerous tables. This wasn't so bad because they had a nice bank barn.
 
The horses were tied in the bottom of the barn, which didn't interfere with us on the second floor at all. It made it easier for the women as they had plenty of propane stoves where they could cook or keep the meal warm. They had a special table set up for those of us who weren't Amish.

I thought it was a good idea, because some of us were excommunicated. We weren't put on the side. Our table was next to the preachers' table and was in with the rest of the Weaver Amish,. They made a special table for the Miller, Hershberger, and Swartzentruber Amish. They were put off on a side into an empty grain bin.
 
Jacob said, "I was afraid that the Miller, Hershberger, and the Swartzentruber Amish would be offended by your presence." Jacob made sure we were treated with respect.

I shouldn't call this a lunch: it was actually a feast. There was no way anyone could taste every item the Amish had prepared for lunch. I hate to admit it but I felt miserable when I walked away from that table, I ate too much. Their wedding meals were prepared a lot better than the Swartzentruber Amish prepared their meals.

After lunch we got to meet some of our Amish relatives and talk to them, which is their custom. We were able to say hello to the newlyweds and shake their hands. Then we walked outside, and were standing in a circle when Jacob walked out.
Jacob shook my hand and said, "David, I'm glad you and your family were able to attend our daughter's wedding today. You know you are welcome here."
Before I could respond he said, "You really are welcome at our daughter's wedding."

I said, "Thank-you, I truly do appreciate that." We stayed there until three thirty that afternoon, and then we left.  I had told Ervin that we were going to attend an Amish wedding. I assured him that we would stop in at his place afterwards.
When we arrived at Ervin's place I could tell he was really curious how we were treated. I told Ervin we couldn't have been treated any better. I said, "I just don't think the Amish are shunning us the way they used to. At least this group of Amish didn't."

We didn't stay very long at Ervin's because I wanted to get home. While Ervin and I were talking I noticed our wives disappeared into the bedroom. I figured it's just some female gossip. Ervin said, "Well, I'm glad to hear that your day went well." I yelled to Fran in the bedroom and said, "let's go."

On the way home our daughters talked about the wedding. They wanted to know if that was the way it was when we got married. I said, "It was similar to that." I was glad to get home. I wanted to kick back and watch a little television and let all that food absorb. I had already forgotten it was my birthday; I didn't pay any attention to that. I didn't more than get comfortable on the couch when there was a knock on the door. I got up to see who it was. When I opened the door I couldn't believe it. Ervin was standing there holding two big pizzas.

I said, "I'll be damn, that's what Fran and Ann were doing in the bedroom."

I sure wasn't hungry, but I had no choice but to start eating pizza. After I thought I couldn't eat any more my wife brought out a homemade birthday cake she had made along with ice cream.

Ervin and Ann's young son Lester kept trying to say , "Happy Birthday, Uncle David." He couldn't talk very plain yet. Usually I feel a lot younger than my age and this day was my birthday, I am forty-two and I feel like forty-two. They didn't stay long because Ervin had to go to work the next morning. We had to get ready to go to work, too.

On the evening of October 15 at 5:30 p.m. Ervin received a startling phone call from Stephen, Raymond and Clara. All three of them were crying as they were trying to speak to their brother Ervin.

Clara said, "We can't take it any longer, Ervin you got to come and pick us up and bring us to Ohio."
 
Stephen said, "We were able to sneak to our next door English neighbor who lives less than half a mile from our foster parents. I have been calling Mr. Hyde, but he won't even come out and talk to me. I have also written him numerous letters, but he won't respond." He further added, "Ervin, I have even called St. Lawrence County Sheriffs' Department. When the Deputy arrived I explained to the Deputy that Raymond has a bed-wetting problem and wets the bed every night. None of the bed sheets or the blankets have * Yoder/Amish Deception been washed and we have been forced to sleep in this piss infested bed for the last thirty days."
Stephen told the Deputy that Clara, Catherine and Malinda needed a bed and a bedroom to sleep in because they have no privacy. The foster parents, and three adult children sometimes kick, slap and make fun of them. Stephen told the Deputy, "Everyday we go hungry they won't give us enough to eat. Something has to be done about the outhouse, it's nasty."
 
"Stephen, Joe and Mary are good foster parents, these conditions are normal," the Deputy said.

"No, it's against the law, you can't treat children this way," Stephen replied. Laughing, the Deputy said, "How would you know little Stephen?" The Deputy refused to even investigate the allegations and left immediately.

Evin was devastated by what Stephen had told him. When Clara got on the phone with Ervin, all she could do was cry, and kept repeating, "Ervin, you got to help us."

Clara talked to her brother Ervin about the same things that her brother Stephen had just got finished explaining. When it was little Raymond's turn to talk he also cried and pleaded with his brother and said, "We can't go back."

Ervin told Stephen, Clara, and Raymond that he would love to come and pick them up and bring them to Ohio, but legally he can't do that because he would go to prison for a very long time.
 
Ervin said, "You children would already be in Ohio if it wasn't for Michelle's testimony last spring. I'm sorry children, you have no other choice but to go back home. Uncle David and I would write all the letters and make the phone calls to the public officials that we can to help you. But in the meantime you must go back to your foster parents."
 
The children responded, "We understand, we'll go back home we have no other choice."

Later that evening I made a phone call to Ervin's residence. Ervin quickly filled me in what had happened earlier that evening. I said, "Ervin, I'm truly sorry to hear that. I guess I have no other choice but to contact every Federal Government Agency who is related to Social Services in Washington, D.C. again. I'll also contact every Government Agency in New York who is related to Social Services."
"Uncle David, remember at the beginning of the case, when the District Attorney refused to allow the officers on the scene to make an arrest. It first had to be cleared with his best Amish friend, Atlee Byler. Because Atlee refused to give the okay the District Attorney wouldn't give the okay to the officers at the scene to make an arrest. The deputy at the scene was working overtime and was very frustrated with the situation, and took upon himself to make the initial arrest."

"Yes, I know, Ervin," I said. "I think this is a violation of the Civil Rights Act for equal protection under the law.”  I further added, "Ervin it is against the Health Department sanitation code to have an outhouse that allows human waste to be absorbed into the ground and possibly contaminate your drinking water. When the deputy from St. Lawrence County Sheriffs' Department refused to investigate he also violated your brothers' and sisters' Civil Rights for Equal Protections under the law." 

“If you're not Amish you face stiff fines from the Health Department and Social Services will not allow you to become foster parents with an outhouse in this condition. Those of us who are not Amish have to abide by strict guidelines provided by the Health Department and Social Services or be prosecuted.  When a home study was done at our residence, if our toilet had looked anything like the outhouse where the Miller children are staying, we would've been disqualified," I explained.  “Ervin, refusing to do a home study because you're excommunicated is a violation of the Discrimination Act. The law clearly states that while the children are in custody of Social Services they either have to be placed with a relative who has been cleared by the state or placed in a State Certified foster home."

In November of 1998, I received a letter from Washington, D.C. stating that Social Services Regional Office from Syracuse, New York was investigating my complaints that I had filed concerning the phone call that the three Miller children had made to Ervin's house.
 
The week of December 10th we received a wedding invitation from Fran's oldest sister Mattie that her daughter Ester was getting married and the wedding would be on the 17th of December, which was on a Thursday. Mattie and her family are members of the Hersberger church, which is located in Knox County, Ohio. Ester was already twenty-four years old. She had been working for four years at a cider barn making jam and jellies. She didn't get baptized as young as most Amish do. Ester was twenty-three years old before she joined church.
Before she became a member of the Hershberger church she used to sneak off on weekends and come to our residence in Guernsey County, Ohio. She liked to party and have a good time, and take rides on the motorcycle. Ester was the first Amish girl that I ever knew that owned a part of a Harley Davidson Motorcycle. She had invested eight thousand of her hard earned dollars in a Harley that we had bought in 1997.
 
Ester had a couple sets of English clothes and sometimes she would wear them to go on a motorcycle ride and sometimes she would wear her Amish clothes. It would depend what kind of mood she was in. In the beginning of 1997, while Ester was joining church she put on her English clothes and took a trip with us up to New York to see the Miller children while we were doing a TV interview.
 
Ester made sure she didn't get on the TV camera that day, she stayed in the background. We cut this trip short because Ester had to be back home in order to get back to work on Monday at the cider barn. When we arrived in Cambridge, Ohio, Ester put on the Amish clothes and we took her home and no one ever knew the difference. Later, we had to pay Ester off because she was now a member of the church.
 
This was one wedding that none of us wanted to miss. We realized by Ester getting married she would probably confess to a lot of those sins. In fact, just before Ester decided to get married, she and her boyfriend were excommunicated for having a sexual relationship. I don't think Ester mentioned anything about the eight thousand dollars she had invested in a Harley.
 
The 17th of December our daughter Rebecca had a project in school that she couldn't miss, for that reason we weren't able to attend Ester's wedding ceremony. But we were able to be there in time to attend the lunch. None of Fran's brothers or her sister Sarah, from Columbus, Indiana were able to attend.
Ester had invited all her co-workers from the cider barn. They were similar to the Beachy Amish and were able to drive dark colored vehicles, and have electric in their homes, but no television or radios. They were allowed to have a tape player to listen to, but only Christian music was allowed. I'm not aware how many of Beachy Amish attended the wedding, but there must have been around a dozen of them.
 
Mattie and her husband Amos had prepared a separate table for the Beachy Amish and us. We were seated at our table before any of the other Amish were seated. We also had a clear view back to the corner table where the newlyweds were seated. The preachers' table was almost line up with our table. I was really curious what their reaction was going to be when they walk into the house.

I was seated at the end of the table by the doorway. They had no choice but to walk right by me. First was the local Bishop, then the Bishop from Pennsylvania, who married the couple, then a Bishop from Minnesota, who I used to know when I was a teenager. Soon after, the preachers came in and the third preacher was my brother-in-law Jake.
 
Jake smiled from ear to ear but he wouldn't shake my hand. The deacon who followed Jake in was someone who I knew very well in my teenage years. He cracked a smile from ear to ear, shook my hand with authority, and said, "Well, hello, David, I almost didn't recognize you. If it wasn't for your big smile I don't believe I would have recognized you."

It didn't take long until every table was full in the house and it was time to eat. While we were eating lunch I noticed this little Amish girl would walk in and smile at me. I didn't recognize her at the time, she wouldn't stay very long, but she would always come back.
 
After lunch while we were still sitting at the table, Amos, who is the father of the bride, passed out German hymnbooks. Amos said, "David, would you like to have a hymn book to help you sing?"
 
I said, "Yes, Amos, I would, Thank-you." It took me a couple of seconds to adjust my windpipes, as the Amish way of singing is different than the American way.

I didn't get to sing very long before my sister Amanda walked in the room and we started talking. Her youngest daughter had followed her in the room. I said, "Amanda is that your daughter?"

"Yes, that is our youngest. You mean you didn't recognized her?" Amanda said.
"Amanda, I wasn't sure who she was. It's been a while since I been at your home. You know how children grow," I said.

Amanda said, "You guys should stop by sometime. I haven't seen you for a long time."

"Well," I said. "With me being involved with the Miller children in New York it might cause you some problems if my vehicle was spotted in your driveway."
"I wouldn't worry about that," she said.

I said, "Okay, perhaps we'll stop by after the wedding."
 
"Did you by any chance get to see any of my other children today?" she asked.
 
I said, "Yes I got to speak briefly with your oldest daughter Mary and your daughter Rachel. Amanda, how old is Mary now?" I added.
 
"Well," she said. "She is nineteen."

I said, "Amanda, it's not going to be long before one of your daughters is old enough to get married." She just grinned and walked off.

I didn't more than grabbed my hymnbook and start singing the German songs when my niece Rachel walked in. She wanted to talk to her Uncle and his family, as she hadn't seen us for a while. There was someone at our table wanting to talk to us all afternoon. Our children didn't want to leave our sight, but Rachel was able to persuade Debra and Rebecca to go with her for a while.
 
Before I realized it, sister Amanda and her family had left for home. It was between five and six o'clock and almost time to serve supper. It was cloudy outside and freezing. It was getting dark enough where they lit the kerosene lamps. The Bishop from Minnesota along with a couple of Preachers and the Deacon were standing in the hallway as we were ready to leave, and we briefly talked to them.
 
Then I said, "It's time for us to go home."

The Bishop replied, "You're not going home already, supper is almost ready."

"Oh," I said. "We left in a hurry from home this morning, it's getting late and I forgot my kerosene buggy lantern."

Everyone busted out laughing. Someone in the group responded, "It still sounds like you, David."
 
The Bishop said, "Yeah, if that's a problem, I'm sure someone here would gladly loan you a lantern."

I said, "Yeah, but I'm afraid we better go home."
 
He said, "You know you are more than welcome to stay. In fact, I would like to see you stay for supper."

"I know, and fact I would like to, but we are very busy nowadays and we need to get ready to go home and get ready to go to work," I said. We shook their hands, and said goodbye, then we left. I was glad to see that they didn't shun us like the New York settlement did. They were willing to put their differences aside for one day.

We were traveling northeast on route 62 when we popped over a hill and there was a two-seated buggy about a mile from the intersection of route 62 and route 229, which is about a mile from my sister Amanda's place.

Our oldest daughter Debra said, "Mom and Dad that is Aunt Amanda's buggy."
I asked, "How do you know."

"Today Rachel and I went out to the buggy as Rachel wanted to get a suitcase that she had some stuff in for later on that evening," Debra said.

Due to the sleet and snow mixed that was coming down rather heavy ever since we left the wedding the road conditions were getting very hazardous. It was hard to see the buggy lantern, as it was not making enough light. I couldn't help but to think back when my brother was killed. State route 62 and also route 229 has quite a bit of heavy truck traffic at times.
 
I automatically put my four way flashers on and pulled behind the buggy in order to shield them from getting hit in the rear. I kept checking my rear view mirror to check for big trucks and turned on my CB radio.
 
I keyed up the mike and said, "Break 19 for any trucks coming up on the 62 and 229 split."

Sure enough there was a trucker less than a half a mile behind us. The voice came back across the airway and said, "Go ahead break, you have a northbound trucker."

I said, "Driver, you need to back it way down, we have a horse drawn buggy traveling at a slow rate of speed."
 
The trucker keyed up the mike and said, "I appreciated that hand."

I keyed up the mike and said, "Anytime driver."
 
We followed Amanda and her family home. By the time we got to their driveway the CB was just blasting from other truck drivers. They were fascinated that I used to be Amish and was following my sister home to protect her. They were also fascinated that my wife and I were over the road truck drivers and I also had a brand new Harley Davidson.
 
We spent at least three hours at Jake's and Amanda's house that evening. We drank coffee, ate homemade cookies, and talked about the Miller case. I told Jake and Amanda if every Amish family would treat their family the way you treat yours that I wouldn't have a reason to complain. When I looked in their children's eyes I could see they were alive and weren't afraid to speak. Jake and Amanda had a black lab dog that they trained to pull a small two-wheel cart. They also made a nylon harness for their dog. He is usually tied up between the house and barn.
 
Jake and Amanda had a really large living room and kitchen, which is not uncommon for an Amish family. We had quite a bit of commotion going on and I didn't realize that Jake was no longer in the living room. Jake snuck outside, and brought his two-wheel cart in the kitchen, then brought his dog in and hitched him up.

His youngest son who is seven years old was helping his dad, and he was the first one to get a ride in the cart. The dog was overjoyed because they had company. All the excitement broke loose when they entered the living room. The dog wanted to smell us and lick us.
 
They made a couple circles from the living room to the kitchen. "Can I lead the dog the next go around?" I asked.

Jake said, "Sure." I didn't thing that it was going to be difficult because Jake had made it look so easy. The dog and I crashed in the kitchen table, the kitchen stove, and the wood box.
 
Their children were laughing and saying, "Look at Uncle David go, he can't control the dog."

Jake and Amanda had also butchered a cow and a hog, so they had fresh meat and they insisted we take some fresh sausage home with us. Jake and I hardly ever talked about it but back when we were teenagers we used to run around together. We got in quite a bit of mischief in our younger days. Now he is a preacher and I'm no longer Amish. We still communicate back and forth. It was close to eleven o'clock when we finally did get home that night. The following day we went back to work.
 
By the end of December the Miller children's living conditions had improved at their Amish foster home. There was no longer any type of physical abuse, the children weren't going hungry. Michelle was also able to get her local church to donate forty dollars a piece for the five youngest children as a Christmas gift. There had been constant visitation between Michelle and the children since they had been placed in the foster home. Ervin was also able to speak to his brothers and sisters over the telephone at the end of December.

In January of 1999 the week of the 27th, all visitations were cut off between the parents and the five youngest children. Andy mentally went over the edge. My sister Emma feared for her life to the point where she didn't want to be left alone with her husband. Bishop Jacob Miller himself called the St. Lawrence County Sheriffs' Department on the week of the 27th, trying to get Andy to admit himself to the Mental hospital.

Emma was desperately trying to stay focused and not miss one single counsel meeting. Since Andy was refusing to go with Emma to the meeting she asked her first cousin the Deacon Kevin Yoder to go with her so she don't have to go by herself. Bishop Jacob was unable to convince Andy to admit himself into the Mental hospital in January.

The first two weeks in February the intense conflict continued. I keep hoping that we don't have another tragic Meadville, Pennsylvania case. The second week in February I received a letter from Syracuse, New York Regional Social Services Office stating that their investigation of the allegations into St. Lawrence County Social Services and the foster parents had been completed. In the two-page document that I received it stated that St. Lawrence County Social Services was operating within its guidelines and the issues with the foster parents had been dealt with.

This made me absolutely furious considering the foster parents aren't State Certified. The letter also stated that if we had any further questions or complaints to please contact Syracuse Regional Office, or the St. Lawrence County, New York, Social Services Office. They gave the number and extension number to a contact person to set up visitation between the five youngest Miller children and us. Ervin and I had full intentions of taking advantage of this offer and visit the five youngest children in the near future.
 
Clara and her sisters still didn't have a bed to sleep in. Stephen and Raymond's bedroom conditions hadn't improved and the outhouse was still the same. I responded the same day to Syracuse Regional Office of Social Services. I also contacted Social Services Office from Albany, New York including the Federal Office from Washington, D.C. In those letters I accused the Syracuse Office to be out right bias toward these Miller children.

I clearly stated if someone had the decency to go out and check out the Amish foster parents' home from the beginning this atrocity would never have taken place. I included photos with every letter that I sent out to every local Government and Federal Agency. I made it perfectly clear that Clara and her sisters needed a bed and a bedroom for their privacy, and that little Raymond's bed wetting problem had to be addressed.

The outhouse conditions were inhuman and must be resolved A.S.A.P. I had full intentions to get justice, one way or another. I further stated that Social Services from New York had a very limited time to resolve all the issues concerning the Miller children's Amish parents. If they fail to take immediate action, I was prepared to take my fight to the news media.

At this time it was very unclear to me if Michelle was taking any action to try to get help for her younger brothers and sisters, or is she just concentrating on getting on with her own life. I haven't talked to Michelle since the beginning of September of 1998, nor do I have any intentions to try to talk to her, or Mr. Hyde in the future.
 
The week of the 15th of February problems between Andy and Emma Miller came to a major boiling point. Andy was convinced that Emma and the Deacon wasn't only going to the Counseling sessions and that  they were having a sexual relationship. Andy made remarks that he was going to do away with Emma and commit suicide. Early one morning that week after Andy had a serious argument with his wife, he told her that he was going fishing and he walked off with his cane. Emma watched her husband walk across the fields toward the Deacon's house.

The Bishop was trying to convince Andy that he has to admit himself to the Mental hospital. The Bishop was also trying to convince the deputies that Andy is unstable and they feared for their lives if he wasn't admitted to the Mental hospital. But the Bishop and his Preachers were unsuccessful at that time. Shortly after the deputies left, the Bishop and the Preachers were able to get Andy to admit himself to Hepburn hospital in Ogdensburg, New York.
 
Andy was treated for his antidepressant problems and the doctors immediately prescribed Prozac for him. The doctors also ordered that Andy would see a physiologist once a week. The prescription medication that Andy is now taking has settled him down considerably. Emma is no longer afraid for her life. Andy is also willing to attend all counseling sessions in order to get his children back.  No one from the Amish community is spending any more nights at the Miller residence because of Andy's mental conditions.

Every six months the Miller case is reviewed in front of St. Lawrence County Judge. It's been brought to our attention that the six months are up and the Miller case will be reviewed again. The first preliminary hearing was scheduled for March 2nd. Ervin and I had full intentions of attending that preliminary hearing and visit the five youngest Miller children. At this time there still had been no visitation between the parents and their children just for a safety precaution.

On the 26th, when I spoke with Social Services on the phone from St. Lawrence County they were desperately trying to pin point my exact time of arrival in St. Lawrence County New York. For personal reasons I refused to give them specifics. I was afraid my arrival wouldn't be kept confidential. I told them there was one thing for certain Ervin and I will be in Canton, New York on March the 1st at three o'clock in the afternoon, and we wanted our visitation with the five youngest Miller children set up for between 3:00 and 5:00 p.m. At that time I was put on hold for at least three minutes.
 
When the Social worker got back on line, she said, "Mr. Yoder, you and Ervin will be able to see the five youngest Miller children at the time you requested. The visitation will have to take place within Social Services building and be supervised and speak English." She said. "Do you have a problem with that?"

I said, "No mam, we don't have anything to hide. We'll do what ever it takes."
 
"I guess I'll see you on Monday at 3:00 p.m.," she said.

"Yes mam, that is a fact," I said and then hung up the phone.

On February 27 at seven thirty in the evening I was sitting at my dining room table with my family discussing about the Miller children. I was curious about what the Miller children's response was going to be when we met. I was also afraid the children would feel that we abandoned them, when we didn't rescue them on October 15th. At that time the phone rang,
I answered and said, "Yoder residence."
 
"Is this David Yoder speaking?" Michelle asked.

I said, "Yes mam it is."

Michelle said, "You're not welcome in St. Lawrence County, New York, and you're not welcome at our house. No one wants to see you. David, you're not welcome in the courtroom, wherever you go the news media always follows you.
This case is none of your damn business." She further added, "No one in St. Lawrence County wants anything to do with you. You have caused enough trouble." Michelle hung up the phone before I could even respond.

I started laughing and Fran asked, "Who were you just talking to."

"Michelle," I answered. "Apparently, I am making someone very nervous in St. Lawrence County." I told my family what Michelle had said over the phone.
Debra said, "Dad, why would Michelle do such a thing?"

"Oh," I said. "I don't know, perhaps she has forgotten to take her PMS medicine.
We went to bed rather late that night, around midnight. The next morning around ten o'clock Ervin and his family arrived at our residence. Ervin had agreed that he was going to drive his 1997 green Grand Am up to New York. Since I make my living behind the wheel, I was glad to be able to finally sit in the passenger seat.

My wife really wanted to go along on the trip to see the five youngest Miller children as she has come to love them as if they were one of her own. But we were too busy. Fran wanted to spend time with our own children. Since I hardly ever get the chance to dress up this was one trip that we are going to look very official. Ervin and I both put on our suit and ties and were both wearing long expensive leather coats.

We left Cambridge, Ohio, at twelve thirty in the afternoon. It's close to 550 miles from my doorstep to St. Lawrence County, New York. There was never a dull moment on the way up, we were constantly talking. No real specific issues just life in general. We arrived in St. Lawrence County at ten thirty that night. We stayed in a Motel in Ogdensburg, New York and slept in until ten thirty the next morning.

We got up, showered and put on another clean suit, and went to visit my brother Pete at his sawmill until it was time to go and visit the five youngest Miller children. We arrived for the meeting at Social Services Headquarters in Canton, New York early. The five youngest Miller children arrived at Social Services Headquarters at approximately seven minutes after three o'clock. Our meeting place was set up in the family room downstairs, which is especially for occasions like this one.

As soon as the children walked in the room and saw us they all had smiles on their faces. I asked Catherine and Malinda to come over where I was sitting at. Catherine was sitting on my right leg and Malinda on my left. Clara was sitting between Ervin and I. Raymond was sitting tight against his brother Ervin, and Stephen was sitting between Raymond and I. We brought a couple bags of candy, which we had opened and put on the table.
 
There was a caseworker for the Miller children that was supervising the visitation. She was sitting back in the corner with her note pad constantly writing. We decided not to let her bother us and just do what comes natural. Pretty soon Malinda was ready to sit on her brother Ervin's lap. Catherine and I always made a good team in the past and it wasn't going to be any different today. She starting pulling my tie and taking my pens out of my shirt pocket to hide them just to start something. Every time Catherine thought she had hid my pens, notepad or my wristwatch, Clara or Raymond would get it and bring it back to me.

The children wanted to play a game. I didn't know how to play it, but they said they would teach me. Clara, Catherine, Stephen, Raymond and I moved to another table so we wouldn't be in Ervin and Malinda's way as they were trying to put a puzzle together. Catherine didn't need a chair she claimed my lap.

The children made sure I won the game, which I thought was so sweet after what all they have been through. It’s been a long time since I seen two hours that seemed like three minutes. Toward the end of our visit I could hear the caseworker laugh with the rest of us.

When it was time to leave little Malinda wanted me to carry her too, and Catherine said, "No this is my Uncle David. Ervin can carry you."

Ervin said, "Come here I'll carry you." We carried the girls to the entrance door at Social Services, and told them all we loved them and it was nice to see them again, and we would come back to visit them again as soon as possible.

After the children left the caseworker asked, "David, are you and Ervin going to attend the court proceedings tomorrow?"

I said, "Yes, indeed we are."

She said, "I think that is a great idea, but I must warn you. There is someone who is definitely trying to stop you and they might not allow you in."

"Ma’am, whoever is trying to stop us has no idea what they are up against because if we have to we'll take our fight to the TV cameras," I said.

She said, "I understand, I wouldn't blame you if you were upset if you weren't allowed in. David, I just want to make sure you don't think that I had anything to do with it."

"Thank-you for the information," I said. "Michelle had called me the other evening and said I wasn't welcome in St. Lawrence County that no one wanted anything to do with me."

Looking me straight in my eyes she said, "David, Michelle doesn't speak for everyone. We are glad that you and Ervin are here."

I thanked her for setting up the visitation, and as I walked away I said, "I'll see you tomorrow."

"I hope so," she said.

Ervin and I decided to get a motel room right there in Canton, New York. In fact, we stayed at the Cascade Inn, the same motel his parents were staying in 1997. We went to bed early, but I just couldn't fall asleep.  I was prepared for a major show down the next day. Ervin was sound asleep by 11:00 p.m. The last time I looked at my watch it was 2:30 a.m.
 
March 2, 1999, Ervin and I were at St. Lawrence County Courthouse at 8:30 a.m. The receptionist said, "You two aren't from here."

Ervin asked, "Ma’am, what makes you think that?"

"Your dress code. You must be from Downstate New York."

"We are not from downstate, but we have traveled quite a distance to be here today," Ervin said.
 
She smiled and said, "I knew I was right. Your clothes are a dead give away." We signed in and went through the metal detector.

The Deputy said, "Go through the first two doors to the right and you'll see a waiting room at the back end of the hallway."

It was a couple minutes after nine o'clock when the Miller case court proceedings began. It really didn't amount to anything. It was just a preliminary hearing, where Mr. Hyde, Social Services, and the parents' attorneys agreed on a court date when they would deal with the issues of the outhouse and possible placement of the Miller children. During this time Mr. Hyde stared Ervin and me down. He started to open his mouth on a couple of occasions, but no words ever came out. At the beginning of the court proceedings Social Services caseworker looked back at Ervin and I and smiled.

What little bit the attorneys from both sides did say during the court proceedings could have been said in less than two minutes. Andy Miller no longer wanted his Attorney to represent him, but just to advise him. Everyone agreed on a date and a court hearing was scheduled for later that month. Michelle, Rachel, and Kevin along with their friends were sitting on the opposite side of the courtroom from where Ervin and I were sitting. We decided to stay clear of them to avoid any possible conflict.

After the Court proceedings we briefly spoke with the caseworker. At that time, I made it perfectly clear that if Social Services keeps failing to recognize Ervin and me as relatives that I'd have no choice but to file a twelve million dollar Civil Rights and Discrimination Lawsuit against the system.
 
I said, "Do you understand what I'm saying?"
 
"Yes, Mr. Yoder, loud and clear," she said.

Today we were able to speak briefly with Ervin's parents. Andy and Emma invited us to stop by the next time we were in the area for a cup of coffee.
 
We said, "Thank-you for the offer, and we'll try and stop in the next time we're here." We wished them a safe buggy ride home. In return they wished us a safe ride back to Ohio. We said our goodbyes and we were on our way.
 
On the way home Ervin and I spoke about how we just didn't believed that St. Lawrence County was ever going to recognize us a relatives, just because we were no longer wear the Amish clothes.  We were sure glad to get back home late that evening.

March 17th, the Miller case went back to court. Andy Miller pleaded with the Judge to restore at least part of his family, which he lost nearly two years earlier.
"Our children are drifting away from the Amish culture, this is really hard for us," Andy said. "At least allow three of the five youngest children to return home." Andy further stated that he was concerned that his older children who lived in Potsdam were a bad influence on the five younger children who are in foster care.
 
The younger children were allowed four hours of unsupervised visitation with their older siblings each Saturday and Mr. Hyde had requested additional visitation time. Mr. Hyde said, "Their attachment is with their siblings. That is where the bonding is." But Andy said, "The older children are living in the English ways and in a home with electricity and plumbing and no longer dress in traditional Amish clothes. It's not the way of the Amish. As soon as we can we would like to have all these five children at home." He further stated , "I would welcome the older children home as well, even though they refuse the offer."

A Social worker who testified in court said that the two oldest of the five youngest children who are in foster care remain fearful of their parents and Amish adults in general. They didn't want to return home, but would prefer to join their older siblings when they are old enough to do so. The three youngest Miller children haven't expressed the same level of fear of either parents or the Amish culture, the Social Worker testified. Andy asked Judge Dale Skelley to consider allowing the three youngest children to return home so he and his wife could prove they are no longer abusive.
 
"We have to have a chance to show we are safe," Andy said. "Social Services can stop by our home anytime they want to. We are losing our children month after month, year after year."

The Social worker who was the only witness said, "I feel there has been real progress in the case but the children are still fearful of their parents."
Andy asked, "Do they mistrust me badly?"

"Yes," the Social worker said. "They say they don't trust that you have changed."

The Social worker called the conditions at the foster home horrific. Mr. Hyde said, "There are problems including an overflowing outhouse, a urine stained mattress for one of the children and inadequate privacy for three of the Miller girls who have been sleeping on sofas in the family's living room. The Miller children have also complained of lack of cleanliness and clean and dry clothing at the foster home."
 
Mr. and Mrs. Miller also joined with Mr. Hyde in criticizing the living arrangements.  The complaints prompted several hours of closed-door negotiations involving Mr. Hyde, Mr. and Mrs. Miller's attorney, and Mr. Hanson who represents Social Services.

After the session, Mr. Hanson listed a number of agreements concerning several of the complaints. Mr. Hanson said, "Social Services will ask the foster family to provide the three Miller daughters with their own room and will hire someone to help with the family's laundry."
 
He further added, "Mr. Miller's offer to provide additional beds if necessary is to be accepted and a child with a bed wetting problem is to be checked daily. The outhouse problems have been resolved."

Mr. Hyde said, "I want to ensure that issues aren't simply raised, these issues must be dealt with. If the home is not appropriate then we need to find another home."

The week of the 24th of March Ervin talked to his brother James over the telephone. James told Ervin that Eli Hershberger, the eighteen year old son of the Miller children's foster parents, had run away from home. Ervin asked James if he knew why he ran off. James said, "As close as they could tell, Eli claimed his parents were too strict and he couldn't take it any longer."

On March 24, the Miller case went back to court. Judge Dale Skelley extended custody of the five youngest Miller children to Social Services for another forty-five days. Social Services acknowledge the current arrangements at the foster home were informal since the foster parents lack State required certification.
The caseworker that testified, said, "We recently learned that if the children are placed in the custody of the Commission they must be placed in a state certified home." She added, "Consequently the couple caring for the Miller children are taking the steps necessary to receive state certification as foster parents."

Problems with the living arrangements, in the new placement plan, that were expected to be addressed included providing the three youngest Miller daughters with private rooms. They had been sleeping in the six-member host family's living room. Mr. Hyde and Mr. Hanson joined in requesting extension of housing arrangements pending preparation of a new plan. It must be completed by April 15. If Mr. and Mrs. Miller and Mr. Hyde accept the new plan, Judge Dale Skelley would most likely adopt it on or before April 29. If the plan isn't accepted by everyone involved the hearing will resume.
 
On March 29th, I received my second letter from Syracuse Regional Office of Social Services stating that all my concerns with the Miller children's foster parents had been resolved. It made it perfectly clear that St. Lawrence County Social Services were operating within their State required guidelines.

I'm very grateful that the living conditions at the foster parents had improved considerably, but that isn't going to be good enough. By placing the Miller children in a foster home that wasn't State Certified had caused them further suffering. The St. Lawrence County legal system should be held accountable for their actions. One must respect the Federal Civil Rights Act and it must apply to the Amish children as well as to the rest of the American children.
 
This case was handled so badly from the beginning that the first caseworker that was handling the Miller children resigned. The second caseworker Pam Reaper, who was assigned to the Miller case had a negative outlook about the children.  She was not able to protect her own children from being molested from by a close relative.  Because of the incident with her own children, Pam Reaper also resigned.

April 3,1999, I received a letter from a Federal Agency from Washington, D.C. stating that they had filed a complaint to the Head State Commissioner of New York State Office of Child and Family Services to investigate my allegations against St. Lawrence County Social Services.

In the letter they also directed me to an Associated Commissioner for Field Operations and said her office should be able to assist me. I immediately responded with numerous allegations of Civil Rights violations concerning the Miller children. I don't expect any further results concerning the Civil Rights allegations, because these children are of the Amish culture.

There has been a lot wrong with this case. Michelle and Mr. Hyde have spent numerous hours by themselves away from the rest of the Miller children.  Sometimes alone in his office on Sundays and sometimes they would just take a ride by themselves. Michelle has bragged how Mr. Hyde was going to buy her a car. There have been those of Michelle's brothers and sisters, who have accused Michelle of having a sexual relationship with Mr. Hyde. So far as I know these are just that, allegations.
 
In April Rachel had to be admitted to Ogdensburg Psychiatric Ward. Rachel was evaluated, and she told of numerous accounts of sexual assaults by her father. While she was admitted in Ogdensburg Psychiatric Ward Michelle kicked her out of her own home.
 
Ervin talked to Rachel while she was at the psychiatric ward and not once had she mentioned the sexual assaults. All she could talk about was how she couldn't do enough for her sister. She told Ervin how she was working two jobs so Michelle can buy the things she needed. She talked about Michelle kicking her out of the house and said she just couldn't blame Michelle; she just hasn't been doing good enough for her.

I also talked to Rachel while she was at the psychiatric ward. Rachel never mentioned the sexual assaults, but talk about how she was being kicked out of the house. Shortly after this tragic event Michelle and her other siblings who were living in Potsdam were denied visitation privileges to their three youngest siblings, who are the only ones remaining in the Amish clothes at this time.
 
I have been accused of writing Amish Deception just to try and make a dollar off my Amish culture. Michelle made the remark that the reason her brothers and sisters cannot go to Uncle David's is because he just wants to make a movie and a lot of money off her brothers and sisters. Nothing could be further from the truth. This is not about making a movie, nor is it about selling a book. This is about educating the American Public.  The American Public must realize that child abuse does happen among the strictest Amish Sectors in the Amish Culture.

On May 12,1999, Judge Dale Skelley ruled that Clara and Stephen be separated from Raymond, Catherine and Malinda, and be placed in an English foster home in Richville, New York. Raymond , Catherine, and Malinda would remain at the original foster parents in Norfolk, New York for 12 months longer. I feel so strongly about what happened to the Miller children concerning the Civil Rights violations, that I have spent thousands of dollars to make this material free to the public.
 
The last week of August Michelle and her two remaining siblings living in Potsdam each went their separate ways. Rachel had been released from the psychiatric ward from Hepburn Hospital in Ogdensburg New York and was now living by herself. The only connection the three youngest Miller children have to the rest of the family is through visitation they share with Stephen and Clara when they see their parents.

September 17, 1999, we received a letter from Guernsey County, Ohio Social Services which said they want to do an updated home study at our residence for Stephen and Clara. St. Lawrence County Social Services intentions were to cut all family ties  between the  three youngest Miller children and those of us who aren’t Amish. Social Services and Mr. Hyde have both attempted to persuade Stephen and Clara to discontinue their visitation to their parents. But Stephen and Clara have refused, because this is the only way they get to see their younger brother and sisters.

If we agree to the home study than we will have helped St. Lawrence County Social Services place the three youngest children back in a dangerous environment. For that reason we had to regrettably refuse and demand that all five children be sent to Ohio.
 
On September 23, 1999, Ervin received a letter from Holmes County, Ohio Social Services stating they want to do a home study on the Miller children that remain in the custody of St. Lawrence County, New York Social Services. They were willing to work with his schedule in anyway possible.

In a phone conservation on 9-23-99 with Ervin he told me that in the past when they contacted him about doing a home study, they specified the names of the children they want to do a home study for. Ervin said, "I think they are trying to trick us."

I said, "Ervin, I agree. If the home study would include the three youngest siblings they would have been named on the document."
 
"David, if it does not include Raymond, Catherine, and Malinda I will not allow them to do a home study," Ervin said.

I said, "Ervin, I agree and I won't allow them to do a home study at our residence either if it doesn't include Raymond, Catherine, and Malinda."
 
Ervin said, "Since Social Services is desperately trying to place Stephen and Clara immediately in the state of Ohio, at this time, I find their motives questionable."
I said, "Ervin I agree, and I expect if Stephen and Clara can't be placed in Ohio immediately they will be sent to separate foster homes in attempt to try so emotionally upset them that they will be willing to give up their contact with their three youngest siblings."
 
Ervin said, "Yes, I know, I think that is sad and also so sick. The Legal system has refused to prosecute my father on assault charges and numerous sexual allegations. My brothers and sisters could have been out of this mess and living a normal life in the state of Ohio if it wasn't for Social Services and Mr. Hyde."
 
I said, "Yes, Ervin, you are right. We have been cleared by Social Services from the state of Ohio to take seven of your younger brothers and sisters. We both agreed if the home study didn't include Raymond, Catherine, and Malinda we would not allow it to take place."
 
Ervin said, "Today is my oldest sister's wedding, she is finally getting married. She has been living in the State of Ohio since the church split, and has had nothing to do with our parents, but her wedding is being held at our parents' residence in St. Lawrence County, New York. Those of us children who are no longer Amish are invited, but we are not allowed to come and watch our sister get married. Our invitation stated that no vehicles are allowed on or near their property on the day of the wedding and that we are not allowed to show up at our parents place until after the main meal has been served."

Ervin still explaining said, "My younger brothers and sisters invitation stated that they must wear the Amish clothes. But the invitation that we received did not state that we had to wear Amish clothes."

I said, "I know that at many weddings in the past the Amish have invited English neighbors to come to the wedding as they were. Ervin, at least you children are invited. The custom is that the brides uncles and aunts are all invited, but my family and I were not invited." Ervin said, "It wasn't right that they didn't invite you to my sisters wedding, that is why we did not attend."

February 22, 2000 the Miller case went go back to court. This is attempting to place the three youngest children back in custody of their parents.  The Courts ruled in favor of the parent . And the three youngest children were placed back in custody of their parents. Even though Mr. Miller in the past was expelled from church for performing a sexual act in the presence of one of his daughters. And Mrs. Miller in the past was expelled from church for attempting to kill her daughter Clara by placing her in a burning stove in the living room . by suffocation and also by attempting to place her in boiling water. Mrs. Miller was also expelled in the past for intentionality suffocating her daughter Christine on 9/17/1984. Christine was only two days old at the time of her Death. I don’t under stand how the local Legal system can look the other way on these issues the way they have. We will continue working for all Amish abused victims.
[*/quote*]

[Rhokia]

https://www.youtube.com/user/Amishdeception

[*quote*]
Amishdeception

@Amishdeception
2.65K subscribers

http://www.Amishdeception.com


Hello I am a Survivor of Amish child abuse. I have since become advocate for Amish children Equal Rights under the Law. Social Services are always very reluctHello I am a Survivor of Amish child abuse. I have since become advocate for Amish children Equal Rights under the Law. Social Services are always very reluctant to help these Amish Children, they appear to more concern about the parents rights.ant to help these Amish Children, they appear to be more concern about the parents rights.

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[Rhokia]

https://casetext.com/case/state-v-miller-1401

[*/quote*]
Legal research tools from Casetext
OpinionSummariesCase details
State v. Miller
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State v. Miller

JANINE P. GESKE, J. This is a review of a published decision of the court of appeals, State v. Miller et al.,…
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As shown in the text, it was. I also recognize that, in State v. Miller (1995) 196 Wis.2d 238, 247-248 [ 538…
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Case Details

Full title:STATE of Wisconsin, Plaintiff-Respondent, v. Emanuel D. MILLER, Enos S…

Court:Court of Appeals of Wisconsin

Date published: Aug 3, 1995
Citations
196 Wis. 2d 238 (Wis. Ct. App. 1995)
538 N.W.2d 573
Citing Cases
State v. Miller

JANINE P. GESKE, J. This is a review of a published decision of the court of appeals, State v. Miller et al.,…
Smith v. Fair Employment and Housing Com'n

As shown in the text, it was. I also recognize that, in State v. Miller (1995) 196 Wis.2d 238, 247-248 [ 538…
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From Casetext: Smarter Legal Research
State v. Miller
Summary

agreeing with the majority's analysis in King
Summary of this case from Jocz v. Labor & Industry Review Commission
See 1 Summary
Opinion

No. 94-0159.

Submitted on briefs June 13, 1995. —

Decided August 3, 1995.

APPEAL from an order of the circuit court for Clark County: MICHAEL W. BRENNAN, Judge. Reversed and cause remanded with directions.

For the defendants-appellants the cause was submitted on the brief of Kristina E. Williamson of Williamson Taylor of Roseville, Minnesota, Philip G. Villaume and Kyle D. White of Philip G. Villaume Associates of Bloomington, Minnesota and Kenneth D. Nelson of Apple Valley, Minnesota.

For the plaintiff-respondent the cause was submitted on the briefs of Richard R. Lewis, assistant district attorney of Neillsville, and James E. Doyle, attorney general and Maureen McGlynn Flanagan, assistant attorney general.

Before Eich, C.J., Dykman and Sundby, JJ.

DYKMAN, J.

Emanuel D. Miller, Enos S. Hershberger, David E. Yoder, Eli M. Zook, Eli E. Swartzentruber, Eli J. Zook, Levi E. Yoder and Jacob J.D. Hershberger (hereinafter "appellants") are members of the Old Order Amish faith. They appeal from an order directing them to pay a forfeiture for their failure to display a red and orange triangular slow-moving vehicle (SMV) emblem on their horse-drawn buggies as required by § 347.245, STATS. Appellants argue that the SMV statute violates their rights to free exercise of religion guaranteed by the First Amendment to the United States Constitution and Article I, § 18 of the Wisconsin Constitution because the State has not demonstrated that requiring a SMV emblem is the least restrictive alternative that might be used to further its interest in traffic safety. We agree and therefore reverse.

Section 347.245(1), STATS., provides in part:

    [N]o person may operate on a highway, day or night, any . . . animal-drawn vehicle . . . that usually travel[ s] at speeds less then 25 miles per hour or any vehicle operated under a special restricted operator's license issued under s. 343.135, unless there is displayed on the most practicable visible rear area of the vehicle or combination of vehicles, a slow moving vehicle (SMV) emblem as described in and displayed as provided in sub. (2).

The First Amendment to the United States Constitution provides in part, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. . . ."

Article I, § 18 of the Wisconsin Constitution provides:

    The right of every person to worship Almighty God according to the dictates of conscience shall never be infringed; nor shall any person be compelled to attend, erect or support any place of worship, or to maintain any ministry, without consent; nor shall any control of, or interference with, the rights of conscience be permitted, or any preference be given by law to any religious establishments or modes of worship; nor shall any money be drawn from the treasury for the benefit of religious societies, or religious or theological seminaries.

BACKGROUND

Appellants were issued citations for driving their horse-drawn buggies on public roads without displaying a SMV emblem. Horse-drawn buggy transportation is an important part of Amish life. The Ordnung of the local Amish church district prohibits the use of the SMV emblem and directs appellants to instead use white reflective tape and a lantern at night and during inclement weather. The Ordnung also requires appellants to drive on the shoulder of the highway whenever possible. Failure to comply with the Ordnung is considered a sin and may result in shunning or excommunication.

Ordnung is the Amish term for the church's rules and regulations which guide Amish life.

Appellants object to the SMV emblem on three grounds. First, they contend that the emblem's fluorescent red and orange colors are too "loud and bright." Second, they contend that the emblem is a "worldly symbol" that prevents them from maintaining their strict adherence to nonconformity and separateness from the world. Third, they contend that they are unwilling to put their faith in a human symbol as opposed to God.

The trial court determined that the State met its burden of demonstrating that its interest in traffic safety could not be met by the proposed alternative of white reflective tape combined with a lantern. In so doing, the court focused on the State's evidence stressing the need for universal recognition which the SMV emblem provides. Accordingly, the court rejected appellants' constitutional claims and enforced the citations against them. This appeal followed.
STANDARD OF REVIEW

Before reaching the merits of this appeal, we must first determine the appropriate test for deciding whether the SMV statute, as applied to the appellants, violates their right to free exercise of religion guaranteed by the Wisconsin and United States Constitutions. Most recently, the Wisconsin Supreme Court indicated that Article I, § 18 of the Wisconsin Constitution is the equivalent of the Establishment and Free Exercise Clauses of the First Amendment to the United States Constitution. King v. Village of Waunakee, 185 Wis.2d 25, 52, 517 N.W.2d 671, 682 (1994). Older Wisconsin Supreme Court cases had concluded that Article I, § 18 provided a greater degree of protection of religious liberty than the First Amendment. See, e.g., State ex rel. Reynolds v. Nusbaum, 17 Wis.2d 148, 165, 115 N.W.2d 761, 769-70 (1962). In King, however, the supreme court suggested that even though the language of both the federal and state constitutions differ, both serve the same dual purpose of prohibiting the establishment of religion by the state and protecting a person's free exercise of it. King, 185 Wis.2d at 54-55, 517 N.W.2d at 683-84. Consequently, the court concluded that it must interpret and apply Article I, § 18 in light of United States Supreme Court cases interpreting the Establishment Clause in the First Amendment. Id. While King is an Establishment Clause and not a Free Exercise Clause case, we do not believe that it is distinguishable on that basis alone. King suggests that the analysis of a free exercise of religion claim is the same under federal and state constitutional law. Accordingly, we conclude that King requires that we construe Article I, § 18 in the same manner as the Free Exercise Clause of the First Amendment.

Until 1990, the United States Supreme Court subjected laws that burdened the free exercise of religion to the strictest level of scrutiny under which such laws had to be narrowly tailored to serve a compelling state interest. See, e.g., Wisconsin v. Yoder, 406 U.S. 205 (1972); and Sherbert v. Verner, 374 U.S. 398 (1963). However, this test was abandoned in Employment Div., Dep't of Human Resources v. Smith, 494 U.S. 872 (1990), where the Court determined that a law that burdens religious practices need not be justified by a compelling governmental interest if it is neutral and of general applicability.

Congress responded to Smith with the passage of the Religious Freedom Restoration Act of 1993 (RFRA), 42 U.S.C. § 2000bb to bb-4, which restores the compelling state interest test set forth in Sherbert and Yoder for controversies involving laws that substantially burden a person's religious practices. The purpose of RFRA is to guarantee the application of the compelling state interest test in all cases where the free exercise of religion is substantially burdened and to provide a statutory claim or defense to persons whose religious exercise is substantially burdened by the government. 42 U.S.C. § 2000bb(b). RFRA provides in pertinent part:

    (a) In general. Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b).

    (b) Exception. Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person —

    (1) is in furtherance of a compelling governmental interest; and

    (2) is the least restrictive means of furthering that compelling governmental interest.

42 U.S.C. § 2000bb-1.

The State argues that RFRA is not applicable to this case for two reasons: (1) appellants failed to plead it before the trial court and therefore it is not reviewable for the first time before this court; and (2) RFRA is unconstitutional. We disagree.

First, by its own terms, RFRA applies to all federal and state laws and the implementation of those laws whether adopted before or after its enactment. 42 U.S.C. § 2000bb-3(a). By use of the word "implementation," Congress clearly intended that RFRA apply to all laws and all acts enforcing those laws which occurred prior to its enactment. Bessard v. California Community Colleges, 867 F. Supp. 1454, 1459 (E.D. Cal. 1994); Hunt v. Hunt, 648 A.2d 843, 850 (Vt. 1994). As the court noted in Bessard, 867 F. Supp. at 1459, "[e]very published federal decision to consider the issue holds RFRA completely retroactive." Thus, appellants are under no obligation to plead this defense. Consequently, we conclude that the application of RFRA to the instant case is appropriate and consistent with congressional intent.

Second, Congress expressly overruled Smith with the passage of RFRA and the reestablishment of the compelling state interest test for cases involving the implication of a person's free exercise of religion rights. Thus, our resolution of this case rests on a constitutional as well as a statutory basis. At least two courts deciding this issue have already determined that RFRA is constitutional pursuant to Congress's enforcement powers under § 5 of the Fourteenth Amendment to the United States Constitution. See Sasnett v. DOC, 891 F. Supp. 1305, 1315-21 (W.D. Wis. 1995); Belgard v. Hawaii, 883 F. Supp. 510, 512-17 (D. Haw. 1995). But see Flores v. City of Boerne, 877 F. Supp. 355, 357 (W.D. Tex. 1995) (finding RFRA unconstitutional because it violates the separation of powers doctrine). Section 5 of the Fourteenth Amendment provides that Congress shall have the power to enforce by appropriate legislation the provisions contained in the Fourteenth Amendment. This enforcement power has been extended to earlier Amendments. Belgard, 883 F. Supp. at 515-16. We agree with the analyses set forth in Belgard and Sasnett and conclude that RFRA violates no federal constitutional principles. Accordingly, we will apply the compelling state interest test to the instant case.
SMV STATUTE

To determine whether the SMV statute, § 347.245, STATS., is unconstitutional as applied to the appellants, we must first examine whether the appellants have demonstrated that they have sincerely held religious beliefs which are burdened by the application of the SMV statute. The burden then shifts to the State to demonstrate that the SMV statute furthers a compelling state interest and is the least restrictive means of furthering that interest. 42 U.S.C. § 2000bb-1(b).

There is no question but that the appellants have sincerely held religious beliefs which are burdened by the SMV statute. Appellants presented testimony showing that they object to the use of a symbol and the red and orange colors because a basic tenet of their faith is to remain separate from the world. The local Ordnung prohibits appellants from using the SMV emblem and their compliance with it would be regarded a sin. Consequently, the SMV statute burdens the appellants.

The State questions the sincerity of the appellants' religious beliefs, pointing to evidence that some members of the Amish faith use the SMV emblem. The test, however, is to examine the sincerity of the appellants' beliefs and not what others in similar religious communities might believe.

The State argues, and appellants agree, that the State has a compelling interest in traffic safety. A compelling interest encompasses "only those interests of the highest order and those not otherwise served can overbalance legitimate claims to the free exercise of religion." Yoder, 406 U.S. at 215. In other words, "[a] compelling interest is not just a general interest in the subject matter but the need to apply the regulation without exception to attain the purposes and objectives of the legislation." State v. Yoder, 49 Wis.2d 430, 438, 182 N.W.2d 539, 542 (1971), aff'd sub. nom. Wisconsin v. Yoder, 406 U.S. 205 (1972). The primary purpose of the SMV statute is to ensure traffic safety which is achieved through uniformity, regularity, and predictability in the signs designating slow-moving vehicles on the public roads. Public safety and the protection of human life is a state interest of the highest order.

The existence, however, of a compelling state interest does not mean that no constitutional violation has occurred. To survive strict scrutiny, the State must also show that the SMV statute is narrowly tailored. In other words, the State must show that the SMV statute is the least restrictive alternative. Upon our review of the evidence, we are convinced that the State has not met this burden.

Two experts testified on behalf of the State as to the importance of uniformity for traffic safety. They stressed that drivers recognize red and orange colors as signifying stopping or warning and that the triangular shape is significant for color blind persons. The experts explained that the same shape and colors are used throughout the United States and that no other sign has the same shape or colors in Wisconsin. The experts stated that drivers must not only be able to see a vehicle, but must be able to immediately recognize that vehicle as slow moving. The SMV emblem achieves this goal because it is universally recognizable. The experts testified that appellants' alternative would be helpful for viewing the vehicle, and while white reflective tape is superior to red for identification, the tape would not warn drivers that the vehicle is slow moving. The State, however, failed to offer evidence comparing the effectiveness of the SMV emblem with the alternative proposed by the appellants. In fact, one expert testified that he had not completed this type of testing.

Additionally, four Clark County residents testified that they had almost hit horse-drawn buggies. However, none of the buggies involved in the near-misses were using the appellants' alternative.

Appellants' expert, Jack Anderson, testified that not all drivers understand that the SMV emblem denotes a slow-moving vehicle and noted that the triangular shape is also used as a warning for stalled trucks. He also explained that white reflects light four to five times more than red and that the brighter an object is, the easier it is to see. He opined that a buggy using white reflective tape is "a lot safer" than one using the SMV emblem "because it can be seen earlier, more easily, and [in] different conditions." Thus, he concluded that the appellants' alternative met the State's safety concerns.

In State v. Hershberger, 462 N.W.2d 393, 397-99 (Minn. 1990) ( Hershberger II), the court determined that the Minnesota SMV statute, as applied to the Amish, violated the Minnesota Constitution. The court applied the compelling state interest test and concluded that the State failed to meet its burden of showing that its interest in public safety could not be achieved through the Amish alternative of using white reflective tape with a red lantern. Id. at 399. Indeed, the proof offered by the State in that case was virtually identical to that in our case. While experts testified that the SMV emblem was almost universally recognized as designating a slow-moving vehicle and county residents testified about their near-miss incidents involving Amish buggies, id. at 395 (citing State v. Hershberger, 444 N.W.2d 282, 288 (Minn. 1989) ( Hershberger I), vacated, 495 U.S. 901 (1990)), the State, however, failed to present evidence of accident incidence involving vehicles displaying the SMV emblem as contrasted with those not displaying it. Id. at 399. Thus, the court concluded that the State failed to meet its burden of proof. Id.

Similarly, in People v. Swartzentruber, 429 N.W.2d 225, 228-29 (Mich.Ct.App. 1988), the court also determined, using the compelling state interest test, that the Michigan SMV statute, as applied to the Amish, violated their free exercise of religion rights because the State failed to demonstrate that the use of the SMV emblem resulted in fewer accidents as compared with those buggies not displaying it. In that case, the State also failed to present evidence demonstrating that the white reflective tape and red lantern alternative was any less safe than the SMV emblem. Id.

Like Hershberger II and Swartzentruber, we conclude that the State has not met its burden in this case by its failure to present evidence comparing the incidence of accidents involving buggies using the SMV emblem with those which do not. Notwithstanding the State's interest in uniformity, appellants have proffered evidence demonstrating that their alternative is one that is accepted in other jurisdictions as a means of warning other drivers that appellants are driving a slow-moving vehicle. Uniformity is important to traffic safety, nevertheless, uniformity should not infringe upon an individual's religious rights when the State's interests may be met by another means. Absent evidence regarding accident incidence, we will not accept the State's contention that the SMV emblem is the only means of avoiding buggy accidents. The main purpose of the SMV emblem is to prevent accidents by aiding other drivers in identifying that another vehicle is present. The appellants' alternative has the same effect. When fundamental constitutional rights are implicated, the State's rules must be narrowly tailored to the interest it seeks to further. In this case, the State has not demonstrated that the SMV emblem is the least restrictive means of furthering its interest in traffic safety. Accordingly, we reverse the trial court's order and remand with instructions that the citations be dismissed.

By the Court. — Order reversed and cause remanded with directions.

SUNDBY, J. (dissenting).

I do not accept that Congress may compel the United States Supreme Court to interpret the Free Exercise Clause of the First Amendment as Congress believes it should be interpreted. Therefore, I conclude that the Religious Freedom Restoration Act of 1993 (RFRA), 42 U.S.C. § 2000bb to 2000bb-4, is no more than a federal statute. I believe we remain bound by the interpretation of the Free Exercise Clause announced by the Supreme Court in Employment Div., Dep't of Human Resources v. Smith, 494 U.S. 872 (1990). I therefore dissent.

Prior to Smith, the Supreme Court appeared to require a special showing when a law of general applicability interfered with the free exercise of an individual's religion. David M. Smolin, The Free Exercise Clause, the Religious Freedom Restoration Act, and the Right to Active and Passive Euthanasia, 10 ISSUES IN LAW MEDICINE 3, 18 (1994-95). Thus, a law of general applicability governed all citizens, regardless of their religion, subject to certain exceptions. Id. To determine whether an exception was required, the Court applied a three-part test. Id. First, the Court would determine whether the individual had a sincerely-held religious belief. Id. (citing Thomas v. Review Bd. of Ind. Employment Sec. Div., 450 U.S. 707, 713-16 (1981); Wisconsin v. Yoder, 406 U.S. 205, 215-16 (1972)). Second, the Court determined whether the law of general applicability substantially "burdened" a sincerely-held religious belief. Id. at 18-19 (citing Thomas, 450 U.S. at 717-18; Yoder, 406 U.S. at 217-20). Finally, if the individual showed the requisite burden on a sincerely-held religious belief, the government had to grant him or her an exemption from the law unless the government could show it had a countervailing "compelling interest." Id. at 19.

The Supreme Court generally interpreted the compelling interest test as requiring a balancing of the state's interests with the burden on the individual's free exercise of religion. 10 ISSUES IN LAW MEDICINE at 19. Under the compelling interest test, the Supreme Court ruled against a variety of litigants. Id.

Smith upheld the application of Oregon's criminal statute to respondents' sacramental use of peyote as members of the Native American Church. 494 U.S. at 890. The majority refused to apply the compelling interest test and gave a number of reasons for rejecting the test. The author of the majority opinion, Justice Scalia, interpreted prior cases as requiring that the compelling interest test be applied in cases involving "hybrid" rights. 10 ISSUES IN LAW MEDICINE at 23 (citing Smith, 494 U.S. at 881-82). Thus, Wisconsin v. Yoder which involved the Free Exercise Clause and substantive due process rights of Amish parents was reaffirmed.

This narrowing of the compelling interest test was greeted with horror by many academics, religious freedom litigators, and organizations concerned with religious freedom. 10 ISSUES IN LAW MEDICINE at 36. Because of the number of institutions and organizations concerned in cases and debates concerning the Free Exercise Clause, there was a built-in response to Smith which resulted in the enactment of RFRA, introduced as S. 3254 and H.R. 5377 in the 101st Congress. Id. Congress stated that the purpose of RFRA was to restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963), and Wisconsin v. Yoder. 42 U.S.C. § 2000bb(b)(1). The "least restrictive means" test is arguably a more stringent test than has ever been employed by the Supreme Court. 10 ISSUES IN LAW MEDICINE at 37. Thus, RFRA may be viewed as not merely restoring the compelling interest test but creating a new, and more restrictive, test. Professor Smolin suggests that RFRA could be construed in at least four ways. Id. at 38-39. He suggests that, "[t]he strained nature of the claim that the `least restrictive means' test is a mere restoration creates ambiguity as to the standard of review actually created by RFRA." Id. at 38. Thus, even if we consider that we are bound by the interpretation of the Free Exercise Clause imposed by Congress, we would have to resolve these ambiguities before we can decide this case.

RFRA provides in part:

    (a) In general. Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b).


    (b) Exception. Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person —


    (1) is in furtherance of a compelling governmental interest; and


    (2) is the least restrictive means of furthering that compelling governmental interest.


42 U.S.C. § 2000bb-1 (emphasis added).

Several federal courts and at least one state court have addressed RFRA, sometimes in "hybrid" cases brought pursuant to 42 U.S.C. § 1983. In Sasnett v. DOC, 891 F. Supp. 1305 (W.D. Wis. 1995), District Judge Crabb ruled that § 5 of the Fourteenth Amendment gave Congress the power to pass legislation protecting the free exercise of religion to a greater degree than the Supreme Court is willing to read into the Free Exercise Clause. Section 5 provides that "Congress shall have power to enforce, by appropriate legislation, the provisions of this article." (Emphasis added.) This construction gives the word "enforce" a very strained reach. Section 1983 is "appropriate legislation" to enforce the Bill of Rights. However, that statute does not attempt to force any court to construe a Bill of Right's amendment in a way acceptable to Congress.

Judge Crabb also addressed what I believe is the crucial infirmity of RFRA; it violates the principle of federalism embodied in the Tenth and Eleventh Amendments. Judge Crabb concluded that RFRA did not "mandate judicial invasion into any core areas of traditional state prerogative." Sasnett, 891 F. Supp. at 1320. Judge Crabb suggested that the states were free under the Act to narrowly tailor their actions to further a compelling state interest. Id. at 1320-21. In her view, Congress may impose upon the state courts a construction of the Bill of Rights' amendments which Congress favors. I do not agree that RFRA or any other act which has this effect "places only a reasonable burden on state autonomy." Id. at 1321. One need not exhaustively examine the debates of the constitutional convention to conclude that the rights of the states against the central government were zealously protected by the framers of the Constitution and the supporters of a federal Bill of Rights. I suggest that adoption of the Fourteenth Amendment by the federal Congress would have been strongly opposed by the states had it been understood that § 5 of that amendment gave to Congress the power to compel state courts to interpret the Bill of Rights' amendments according to congressional philosophy.

The holdings of other courts are mixed. In Belgard v. Hawaii, 883 F. Supp. 510, 513 (D. Haw. 1995), the court took the novel approach that in enacting RFRA, Congress did not prescribe a decisional rule as to the interpretation of a constitutional provision but, rather, sought to protect free exercise rights to an extent greater than the Supreme Court required. Perhaps Congress can achieve such a result by enacting a federal statute, but it cannot require the Supreme Court to interpret the Free Exercise Clause to be congruent with Congress's construction of that clause.

In Hunt v. Hunt, 648 A.2d 843, 850 n. 4 (Vt. 1994), the court expressed no opinion as to the constitutionality of RFRA.

In Francis v. Keane, 888 F. Supp. 568 (S.D.N Y 1995), the court held that RFRA provides a statutory claim or defense to persons whose religious exercises are substantially burdened by the government. Id. at 572. The court concluded that the defendant correctional officials were not entitled to summary judgment on the plaintiff correctional employees' RFRA statutory claims. Id. at 576. As to the employees' free exercise claim under the New York state constitution, the court concluded that the defendants could not succeed, at summary judgment, whether the court applied a compelling state interest test or a balancing test. Id. at 579. The court, in a comprehensive footnote, analyzed the treatment that courts have given to RFRA. The court pointed out that some courts apply the compelling governmental interest test articulated in RFRA to claims brought under the First Amendment. Id. at 572 n. 5. Other courts have treated RFRA as a statutory enactment and not an interpretation of the First Amendment. See id.

I conclude that we may give weight to the intent of Congress in RFRA but the Act is not applicable in our decision-making processes either as a statute or an interpretation of the Free Exercise Clause. I would therefore consider that we are bound by the interpretations of the United States Supreme Court and not RFRA.

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Amish say kids shouldn't testify

An Amish woman is charged with 21 offences against seven children.

By JONATHAN SHER AND JOE MATYAS, Free Press Reporters


AYLMER -- Amish leaders and parents don't want their children to testify against a woman charged with sexually assaulting and "administering" bugs, worms and rotten meat to them.

Eileen Miller, an Amish woman, has been charged with 21 offences against seven children subpoenaed to testify at her preliminary hearing next week in St. Thomas.

The court hearing prompted Amish leaders to send a letter to authorities on behalf of a community that lives a simple horse-and-buggy lifestyle according to their religious beliefs in the southeast corner of Elgin County.

In the letter, obtained by The Free Press, Bishops Isaac Stoltzfus and Peter Stoll cite biblical passages in Corinth-ians 1, writing their church forbids followers "to go to law one against another, nor to press charges or testify against another."

"To have our children appear in court for this purpose would be in violation of (our) principles," they wrote in the letter, also authorized by five parents of the children.

Miller is not the mother of the children involved in the case.

The bishops and parents said in the letter the children were traumatized when they were questioned by police and social workers and shouldn't be subjected to further anxiety in court.

"We respectfully request that the children be released from having to appear in court," they wrote.

But it appears unlikely their request will be granted.

"I expect them to testify," Crown Attorney Doug Walker said yesterday.

If authorities don't listen to their appeal, the Amish community is resigned to letting the children testify, the bishops said, but it doesn't sit well with them.

"We will have no choice," Stoll said. "We may have to suffer for our beliefs, but we don't think our children should have to."

Stoltzfus said the statements given by the children should be good enough in court and he questioned what good would come from having them testify.

The Amish report serious crimes to authorities and will testify if called upon to do so, he said.

"We abide by the laws of the land as long as they are not in conflict with the laws of God," he said.

He said he would be "very disappointed if a member of our church sent that letter to the newspaper."

The Amish community would prefer to resolve the problem as peacefully as possible, without making it worse, he said.

Miller, 33, is charged with:

- Six counts of sexual assault.

- Sexual interference.

- Two counts of invitation to sexual touching.

- Two counts of assault with a pellet gun.

- Two counts of uttering death threats and one threat of bodily harm.

- Five counts of attempting to render children insensible, unconscious or incapable of resistance by choking, strangling or suffocating.

- One count of administering a noxious thing, specifically rotten meat, bugs and worms.

Chris Bentley, one of two lawyers representing Miller, declined comment yesterday.

The charges were traumatic for an Amish community that has earned respect among those who share their theological beliefs but not their homespun practices, said Abe Harms, director of the Mennonite Central Committee.

"They are friendly, honest and have a strong work ethic," Harms said.

The collision between faith and secular authority is the second in three years in Aylmer. In 2001, the Church of God blocked social workers from children whose parents had been accused of hitting them with objects. A family court hearing that will shape their fate began last May but has not been resolved.

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All names have been changed to protect the innocent. Copyright (C) 1997. By David E. Yoder
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BYLER RAPE CASE
UPDATE - Aug 22, 2004

VIROQUA , WIS . -- As Mary Byler sat in the courtroom on Wednesday, awaiting the sentencing of her brother for sexual assault, she had to wonder who'd really been on trial. "I was molested by my father when I was 3 and gang-raped day after day by my cousins and brothers, starting when I was 6 or 7," she told the Star Tribune before Wednesday's sentencing. Byler, 20, alleges that she was raped more than 200 times by members of the Amish family in which she grew up. "And when I'd tell my mother about it, she'd tell me that if I had prayed harder, fought harder, these things wouldn't happen. "I was sent to school ... and my mother told me, 'If you truly don't want this to happen, it won't.' I've been judged by the Amish all my life. I've been on trial all my life." Mary Byler gets words of encouragement. Eli Byler, 24, who told the Star Tribune in April that he first raped his sister when Mary was 8 and he was 12, was sentenced to eight years in prison Wednesday after previously pleading guilty to one count of the sexual assault of a child. "Eli, I hope you still hear my screaming in your nightmares," Mary Byler said in court, reading from a prepared statement as family members and nearly two dozen other Amish listened. "You were my brother. "You should have protected me . . . and you raped me."

Eli Byler, one of three brothers charged with sexual assault of a child, told the court, "I believe God will forgive me." In the interview with the Star Tribune before Wednesday's sentencing, Mary Byler trembled as she recounted a lifetime of nightmares that led to the largest reported case of sexual assault in Amish-American history. Eli Byler's confession was part of a plea bargain in which Judge Michael Rosborough also sentenced him to four years' probation. Byler had been charged with five counts of sexual assault of a child after his arrest in April. Click to view full map of area. Another brother, Johnny E. Byler, 25, also charged with five similar counts, pleaded guilty to two counts earlier this month. Sentencing is scheduled for October. David Byler, 18, is charged with two counts of the sexual assault of a child, a relative who is now 6 years old. For Mary Byler, the alleged assaults by her younger brother were the breaking point that prompted her to contact authorities in southwestern Wisconsin 's Vernon County .

Viroqua is about 25 miles southeast of La Crosse . 'Couldn't tell a soul' "I don't want her to grow up like I did," Mary Byler said, her shaky hands lighting one cigarette after another. "It scares the hell out of me. More than a dozen women who left the Amish have contacted me and told me they were raped by their fathers, brothers, uncles and cousins. "But they couldn't tell a soul because it's such a closed society." Mary Byler, whose name was withheld in earlier Star Tribune stories, said she now wants to be identified because it should help make people more aware of what happened to her. She said that since the newspaper articles appeared, other media organizations have contacted her about telling her story. It started after Amish church leaders in the Viroqua area tried to resolve the matter with punishment that was severe by Amish standards: Johnny Byler would be banished from the church for six weeks. Eli Byler would not be allowed to associate with anyone at church until he improved his character. "Johnny would get six weeks, and I've had nightmares for 16 years?" Mary Byler said, slamming her palm against a table. "No! No! No! "I knew I had to leave the Amish. I had to tell somebody." As a youngster, she never had an option, she said. Going to a stranger outside the Amish community would have been intimidating, especially for a child whose primary language was Pennsylvania Dutch. And family members within her home were sexually assaulting her, looking the other way or accusing her of instigating rape. "If it happened many times, it's not rape anymore. She's probably asking for it," said Byler's stepfather, William Kempf, 78, in a Star Tribune interview in April. On Wednesday, he said before the sentencing: "Mary's been brainwashed." Kempf, charged with three counts of sexual assault and one count of battery against Mary Byler, pleaded no contest last month to lesser charges of misdemeanor battery and disorderly conduct and was sentenced to 18 months probation. His comments were typical of what Mary Byler said she's heard since her childhood in western Pennsylvania , where the sexual assaults began, she said. She recalls her father, Abraham Byler, awakening her "and just plain molesting me" when she was 3 or 4. "How was I to know what that was?" she asked. "I remember thinking that this had gone on even before that and that I never wanted to go to sleep again . . . because if I do, he'll wake me again."

She says that she told her mother what was happening, but that "my mom was the one who made me sit on his lap and told me to forgive him." Her mother, Sally Kempf, 49, pleaded no contest to one count of failure to report a crime, a misdemeanor. She was given a stayed 30-day sentence and ordered to serve two years probation. "The betrayal by my mother hurt me more than anything else," Byler said. "She's dead to me." Looking to the future Abraham Byler was killed while the family was still living in Pennsylvania when a car hit a horse-drawn buggy in which he was riding. But the sexual assaults against his daughter continued, Mary Byler said. She said she was 6 or 7 when she was raped for the first time -- by a cousin who was 17 or 18. Often three or four cousins held her down and took turns raping her, Byler said. "Between 8 and 14 it was just horrible, pure hell," said Byler. "Sometimes they'd even be laughing when they'd hold my dress up to the top of my head. I'd feel like I was suffocating in that dress. I was so alone. And I was brainwashed into thinking: You don't talk about that stuff. You just forgive them." Seven years ago, the Bylers moved to Wisconsin . Depressed, worried that she could get pregnant, and "living in the same home as some of my abusers," Mary told her mother she was seeking therapy or leaving the Amish. Therapy began last September -- and with it came stories that Byler's friends outside the Amish community urged her to tell to Wisconsin authorities. She couldn't, she said. The Amish didn't do that sort of thing. But when the 6-year-old family member talked about being abused by David Byler, Mary Byler broke down. She left the Amish in March and called the Vernon County sheriff. A lost childhood "She was imprisoned in her own home," said Vernon County District Attorney Tim Gaskell. "Simply put, she lost her childhood."

Now, Mary Byler said, she's trying to capture the rest of the adolescence that eluded her. She watches Seinfeld reruns and listens to Loretta Lynn. She earned her high school equivalency diploma -- the Amish typically attend school only through the eighth grade -- and got her driver's license two months ago. A hospital housekeeper, Byler says she hopes to attend college and become a nurse. She says her boyfriend, Rudy Mast, 28, who also left the Amish community, has talked to her about marriage. "[The Amish] don't care," she said. "They think I'm going to hell. Not because I turned them in. They think I'm going to hell because I left the Amish."

WIS, Byler

Friday, April 02, 2004 Two more admit to assault in Amish community; more women come forward Wis. — Vernon County officials say two more men have admitted to sexually assaulting a woman who left the local Amish community, and two other Amish women have come forward to report being sexually assaulted. Directory Officials say the three cases are not connected. A week ago, three Amish men — brothers Johnny and Eli Byler and their stepfather, William Kempf — were arrested and charged with sexually assaulting the first woman, now 20. She told sheriff's deputies she was assaulted more than 200 times between ages 7 and 17, first in Pennsylvania and then in Vernon County . In their investigation of the case, Vernon County District Attorney Timothy Gaskell said two other men have admitted to sexual contact with the woman. "Certainly not to the extent of the two youngest ones that have been charged already, it's not to that extent, but there has been some sexual contact," Gaskell said. The other brothers have not been charged or arrested. "Generally, we don't have comment on investigations in progress," said Vernon County Undersheriff Jim Hanson, "but this just has a lot of light on it. You're likely to see something in the next two days." The case has prompted two more Amish women to report other sexual assaults to sheriff's deputies. No charges have been brought in either case. "It's possible that additional arrests will occur," Hanson said. "I don't want to push the panic button yet." On Monday, the 77-year-old Kempf was charged in Vernon County Court with three counts of second-degree sexual assault of a child and one count of substantial battery. Johnny Byler, 26, was charged with five counts of second-degree sexual assault of a child. Eli Byler, 24, faces one count of second-degree sexual assault of a child and four counts of second-degree sexual assault by use of force.

Criminal complaints stated both brothers admitted to raping the girl, but Kempf denied touching her through her clothing and forcing her to sit on his lap. Kempf's wife, Sally, also has been charged with failing to protect the girl or report the abuse. The case drew the attention of Deborah Morse-Kahn, a Minneapolis sociologist and the author of a book about the Amish. On Monday, she called Linda Nederlo, director of the Vernon County Human Services Department, offering to give a presentation about providing social services to the Amish community. The presentation originally was going to be for Nederlo's department and sheriff's representatives only, but as word spread, more and more organizations wanted to be involved. When Morse-Kahn spoke Thursday in the basement of the Human Services Department, she had an audience of 70 people from a dozen different departments. "This thing is highly unusual," said Nederlo, whose been at her position for 38 years. "We have never seen a case like this. "Everyone just wants to learn. We live with them, they're our neighbors, but we don't know anything about them." Crime in the Amish community rarely is reported because contact with mainstream society is so limited, and the Amish have their own justice system. An Amish bishop said last week the three men charged had already been punished when church leaders became aware of the situation. Johnny Byler was banned from the church for at least six weeks, Bishop Dan Miller said, Eli Byler had to stay home until he showed improvement, and William Kempf had to admit he'd done wrong and ask for forgiveness. In Amish culture, Morse-Kahn told the group, the 20-year-old woman going to local authorities is like turning her back on the Amish community. The woman is now in what the sheriff's department is calling "a protected environment." The case is rare, Morse-Kahn said, but could inspire others to come forward. Little did she know it had already happened. "Clearly, I think Sheriff (Gene) Cary and myself want to build this bridge that they're talking about as much as possible along with social services," said Hanson, who was at Morse-Kahn's talk. "We will investigate whatever is reported to us and move ahead.

WI, Eli Byler Plead Guilty to two felony counts

Here is the article from LaCrosse Tribune:
Bylers arrested during alleged attempt to flee by Ed Hoskin and Tim Hundt Two brothers facing sexual assault charges in Vernon County were jailed Monday after being arrested in La Crosse County this past weekend in what authorities said was an attempt to leave Wisconsin . Eli Byler, 24, and David Byler, 18, were walking along Hwy. D in the town of Onalaska about 2 a.m. Saturday when a citizen called police to report one man had a gun. Vernon County Undersheriff Jim Hanson said the pair were armed with a sawed-off .22 caliber rifle and a "significant amount" of ammunition. The men initially gave La Crosse sheriff's deputies false names, according to a police report. They had also made an attempt to alter their appearance. Eli Byler told authorities they were training for a long camping and hiking trip out west. After they were identified, he eventually said they were trying "to get away from (their) problems," the police report said. According to information presented to Vernon County Circuit Court Judge Michael Rosborough, the men made statements to authorities that they were "headed for the Black Hills" in South Dakota. Both men are accused of repeatedly assaulting a woman from their Amish community. Another brother and their stepfather also face sexual assault charges. Eli Byler, who initially pleaded innocent, but has a second plea hearing scheduled for Wednesday, was charged with one count of second-degree sexual assault of a child and four counts of second-degree sexual assault by use of force. David Byler, who has a preliminary hearing set for July 7, was charged with two counts of first-degree sexual assault of a child. Eli Byler had been free on a $2,500 cash bond, but that was raised Monday to $25,000. In raising the bond amount, Rosborough said that authorities had "good information" that the men intended to "abscond." Rosborough referred to a previous conviction for taking and driving a vehicle without the owner's consent on Eli Byler's record that indicated he was a flight risk. Hanson said the sheriff's department believes it has enough evidence to charge Eli Byler with bail-jumping. Until Monday, David Byler had not appeared in court because he had been in Montana before returning voluntarily, authorities said. His cash bond was set Monday at $10,000. Hanson said both men had cut their hair and were wearing "conventional" rather than Amish-style clothing when arrested. "They were detained on the basis of their statement on where they were headed," Hanson said. "There probably will be more charges." La Crosse County deputies turned the men over to Vernon County authorities at the county line, Hanson said. Because the men were carrying a gun and several knives, the welfare of the victim in the case was a concern, Hanson said. However, the men apparently had no contact with the woman, he said. Two weeks ago, the mother of the Byler brothers pleaded no contest to one count of failure to report a crime. Sally Kempf, 50, received a stayed sentence of 30 days in jail and two years of probation.

UPDATE

1 of 3 Amish men pleads guilty to rape July 1, 2004 AMISH0701 VIROQUA, WIS.-- Eli Byler, one of three Amish brothers charged with raping a close female relative, pleaded guilty Wednesday to one count of second-degree criminal sexual assault of a child. With five members of the southwestern Wisconsin Amish community, including Byler's mother, seated in the Vernon County courtroom, the 24-year-old stood before Judge Michael J. Rosborough in prison orange and ankle shackles instead of his usual Amish hat and denim. As part of a plea bargain, four other counts of sexual assault against Byler were dropped. He was charged earlier in the day with trying to jump parole. He and his brother, David Byler, 18, were arrested Saturday in LaCrosse County , about 15 miles from their Amish community near Chaseburg. The victim, now 21, alleges she was raped 200 times by family members. Eli Byler admitted to the Star Tribune two months ago that he first sexually assaulted the victim when he was 12 and she was 8. A hearing for another brother, Johnny E. Byler, 25, has been set for August.

William Kempf gets only misdemeanor charges

William Kempf, a 78-year-old Amish man charged with two counts of sexually assaulting a child, pleaded guilty Wednesday in southwestern Wisconsin 's Vernon County Circuit Court to misdemeanor assault. As part of a plea bargain, Kempf received 18 months' probation and was ordered to do 100 hours of community service. A six-month jail sentence was stayed. He will offer a letter of apology to the victim, now 20, said his attorney, George Wilbur. Kempf admitted in an interview with his attorney that he grabbed the victim by the collar of her dress and heard her scream, but he said he never hit her. The charges of sexual assault, stemming from two witnesses' allegations that he had fondled the victim, were dismissed. Last week, Kempf's stepson, Eli Byler, 24, pleaded guilty to one count of sexually assaulting a child. Eli Byler told the Star Tribune that he first raped the victim when she was 8 and he was 12. His brother, Johnny E. Byler, is charged with five counts of sexually assaulting the same female family member. Another brother, David Byler, 18, is charged with two counts of the sexual assault of a child. That victim is not the same family member.
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NORMAN BYLER MOLESTATION CASE
Byler headed for prison

Rick Stillion
The Daily Jeffersonian

A 69-year-old Amish man convicted of sexual battery for his actions with three granddaughters will serve time in prison after Guernsey County Common Pleas Court Judge David A. Ellwood rejected part of a negotiated plea agreement Tuesday and denied Norman Byler Community Control Sanctions (probation).

The judge sentenced Byler to five years in prison on each of the five sexual battery convictions, all third-degree felonies, with the sentences to be served concurrently in accordance with the plea agreement.

“The defendant (Byler) has shown no genuine remorse toward the victims in this case, and has only said he was sorry because he may be locked up,” said Ellwood in announcing the sentence. “The defendant doesn’t acknowledge he has done anything wrong with his actions to the victims.

“The court finds it cannot rehabilitate the defendant if he doesn’t acknowledge he has done anything wrong. The primary role of the sentence must then be to punish the offender and protect the community. The court would violate the duties of the judge and rules of sentencing if it were to sentence Mr. Byler different than other defendants. The court must look past his religion (Amish). Therefore, the court finds the appropriate sentence is imprisonment.”

The five-year prison sentences for each conviction was the maximum sentence faced by Byler on each count, although the judge could have ordered the sentences to be served consecutively for 25 years of incarceration.

“To sentence the defendant to the shortest term would demean the seriousness of the crimes,” said the judge. “The longest term is only used if it is the worst form of the crime. The court finds the multiple crimes on the defendant’s youthful granddaughters is the worst form of the crime.”

Ellwood left the door open for treatment at a later date, if Byler is willing to accept responsibility for his actions and demonstrate genuine remorse for his victims, who were ages 3, 5 and 8 at the time of the incidents.

He was given 678 days credit for time he has already served in the Guernsey County jail or Twin Valley Psychiatric Hospital in Columbus.

Guernsey County Prosecutor C. Keith Plummer and defense counsel Diane Menashe, of the Ohio Public Defenders Office in Columbus, had recommended the five-year prison sentence and Community Control Sanctions in order for Byler to receive treatment at the Volunteers of America Program in Mansfield.

“We are satisfied with the outcome,” said Plummer. “It is only a recommendation, and the court is not bound by a recommendation. The court felt it was inappropriate to consider Community Control Sanctions at this time and chose to impose the prison sentence. We have no quarrel with that sentence.”

Menashe said she plans to file a motion to withdraw Byler’s negotiated plea as a result of the judge’s decision to sentence him to prison.

“I don’t think my client understands what is happening to him, and he has not understood from the beginning,” said Menashe. “I intend to withdraw the guilty plea, because I don’t think the prosecutor can prove the case due to the problems with evidence in this case.

“We agreed to the negotiated plea because a trial would be a big risk for my client, and the negotiated plea called for my client to get treatment, which I felt was appropriate. Now that the Community Control Sanctions have not been imposed, he is not going to get the treatment he needs.”

Prior to announcing Byler’s sentence, the court declared him a “sexual predator” against the argument of Menashe, who requested he be categorized a “sexually oriented offender.”

With the sexual predator designation, Byler will be required to report to authorities in the area where he lives every 90 days for the rest of his life after he is released from prison. As a sexually oriented offender, Byler would have been required to report once a year for 10 years.
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BIBLICAL VERSES
 
Biblical Verses Relevant to Amish Deception.
 
This link has been especially created for those of you who have tried to use the scripture to justify looking the other way. I strongly believe you have failed to recognize some very important passages. That has motivated to do my own research and this is what I found.

Punishment by laws:

First Timothy 1:8 But we know that the law is good, if a man use it lawfully

First Timothy 1:9 Knowing this that the law is not made for a righteous man, but for the lawless and disobedient, for the ungodly and for sinners, for unholy and profane, for murderers of fathers and murderers of mothers, for manslayers.

First Timothy 1:10 for whoremongers, for them that defile themselves with the mankind, for menstealers, for liars for perjured persons, and if there be any other thing that is contrary to sound doctrine.

Deuteronomy 17:11 According to the sentence of the law which they shall teach thee, and according to the judgment which they shall tell thee, thou shalt do: thou shall not decline from the sentence which they shall shew thee, to the right hand, nor to the left.

Deuteronomy 25:1 If there be a controversy between men, and they come unto judgment, that the judges may judge them; than they shall justify the righteous and condemn the wicked.

Deuteronomy 21:22 And if a man have committed a sin worthy of death, and he be to be put to death, and thou hang him on a tree.

Deuteronomy 21:23 His body shall not remain all night upon the tree, but thou shalt in any wise buy him that day: (for he that is hanged is accursed of God;) that thy land be not defiled, which the Lord thy God giveth thee for an inheritance.

Ezra 7:25 And thou Ezra, after the wisdom of thy God, that is in thine hand, set magistrates and judges, which may judge all the people that are beyond the river, all such as know the laws of thy God; and teach ye them that know them not.

Ezra 7:26 And whosoever will not do the law of thy God, and the law of the King, let judgment be executed speedily upon him, whether it be unto death, or to banishment, or to confiscation of goods, or to imprisonment.

Exodus 21:18 And if men strive together, and one smite another with a stone, or with his fist, and he die not, but keepeth his bed

Exodus 21:19 If he rise again, and walk abroad upon his staff, then shall he that smote him be quit: only he shall pay for the loss of his time, and shall cause him to be thoroughly healed.

Exodus 21:20 And if a man smite his servant, or his maid, with a rod, and he die under his hand; he shall be surely punished.

Exodus 21:22 If men strive, and hurt a woman with child, so that her fruit depart from her, and yet no mischief follow: he shall be surely punished, according as the woman's husband will lay upon him; and he shall pay as the judges determine.

Exodus 21:23 And if any mischief follow then thou shalt give life for life.

First Samuel 2:25 If one man sins against another, the judge shall judge him; but if a man sin against the Lord, who shall intrigue for him? Notwithstanding they hearkened not unto the voice of their father, because the Lord would slay them.

Rape

Deuteronomy 22:25 But if a man find a betrothed damsel in the field, and the man force her, and lie with her, then the man only that lay with her shall die

Deuteronomy 22:26 But unto the damsel thou shalt do nothing; there is in the damsel no sin worthy of death: for as when a man riseth against his neighbor, and slayeth him, even so is the matter.

Incest Rape

Second Samuel 13:11 And when she had brought them unto him to eat, he took hold of her, and said unto her, Come lie with me, my sister.

Second Samuel 13:12 And she answered him, Nay, my brother, do not force me; for no such thing ought to be done in

Israel: do not thou this folly.

Second Samuel 13:14 Howbeit he would not hearken unto her voice: but being stronger than she, forced her, and lay with her.

Many Amish Children have been abused due to passages such as:

Proverbs 23:13 Withhold not correction from the child: for if thou beatest him with the rod, he shall not die.

Proverbs 23:14 Thou shalt beat him with the rod, and shalt deliver his soul from hell.

I pray some day my people will put more emphasis on the following passages.

Ephesians 6:4 And ye fathers provoke not your children to wrath: but bring them up in the nurture and admonition of the Lord.

Colossians 3:21 Fathers, provoke not your children to anger, lest they be discouraged.

James 1:19 Wherefore, my beloved brethren, let every man be swift to hear, slow to speak, slow to wrath:

James 1:20 For the wrath of man worketh not the righteousness of God.

Ephesians 4:14 That we henceforth be no more children, tossed to and fro, and carried about with every wind of doctrine, by the sleight of men, and cunning craftiness, whereby they lie in wait to deceive.

Luke 17:2 It were better for him that a millstone were hanged about his neck, and he cast into the sea, than that he should offend one of these little ones.

Mark 9:42 And whosoever shall offend one of these little ones that believe in me, it is better for him that a millstone were hanged about his neck, and he were cast into the sea

Matthew 18:6 But whosoever shall offend one of these little ones which believe in me, it were better for him that a millstone were hanged about his neck, and that he were drowned in the depth of the sea.

I believe Jesus has made it perfectly clear what will happen to you if you abuse his little children.

The fabric that holds my Swartzentruber Amish Culture together is their Ordnung. They put so much emphasis on their Ordnung, if there is any member in violation of the Ordnung they will not have communion service until that member is brought in compliance of the Ordnung. The Ordnung is not based on scripture; it is simply man made rules. This is what the scripture had to say about man-made rules.

Colossians 2:22 Which all are to perish with the using; after the commandments and doctrines of men?

Matthew 15:7 ye hypocrites, well did Esaias prophecy of you, saying.

Matthew 15:8 This people draweth nigh unto me with their mouth, and honoureth me with their lips; but their heart is far from me.

Matthew 15:9 But in vain they do worship me, teaching for doctrines the commandments of men.

Swartzentruber Amish proclaim it is against their doctrine to call the local authorities under any circumstances. They stand by this believe when the crime has been perpetrated by one of their members. If the crime has been perpetrated by a non-Amish man against one of their members, they want the perpetrator prosecuted to the fullest extent of the law.

The way I understand the scripture, when a man sinneth against another man, let him be judged by a man. When man sinneth against spiritual things, let him be judged by God. This is in compliance with the scripture.

When the Miller case took place in St. Lawrence County in up state New York, my nephew had no other choice but to turn his parents into the local authorities. The church expelled him for that. He is still expelled for his actions as of today. To my knowledge they have never expelled either one of the parents for abusing their children.

When my Amish cousin was raped in St. Lawrence County, New York by an Englishman, my Amish Culture had no problem at that point to get the local authorities involved in that case, and to see to it that he gets
prosecuted to the fullest extent of the law.

When Norman Byler raped his three grand daughters in Guernsey County, Ohio, my Amish Culture didn't turn him into the local authorities even though he was a known rapist, and molester for the last three or four decades.

When my wife's Amish nephew who was a minor ran off from his parents here in Guernsey County settlement, they had no problem to file a complaint with the local sheriffs department stating that he was
a runaway.

Every time my Swartzentruber Amish Culture has to go to court, such as the Miller case, or the Byler case they try to hide behind the Freedom Religious Act. According to the scripture I believe they are not a religion, they are a Cult. Therefore, they should not be allowed to hide behind the Freedom Religious Act for their misdeeds.

You can click on the Zero if you need assistance.  If you are an Amish Victim you can also call me on my cell # 1-740-359-1030



                                   
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All names have been changed to protect the innocent. Copyright (C) 1997. By David E. Yoder
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All names have been changed to protect the innocent. Copyright (C) 1997. By David E. Yoder
Go to RESOURCE section!
You can click on the Zero if you need assistance.  If you are an Amish Victim you can also call me on my cell # 1-740-359-1030

AUTOBIOGRAPHY

* This Autobiography is based on a True Story *
* Written by David E. Yoder *
* All names have been changed to protect the innocent *
* Copyright © 1992 by David E. Yoder *
* ALL RIGHTS RESERVED *
* This material cannot be electronically copied or otherwise, without written consent from the Author *
* To discuss the issues that I have covered in AMISH DECEPTION *
* Please log onto www.amishdeception.com and click on my message board *
* AMISH DECEPTION is solely based on the Swartzentruber Amish and in no way implicates the numerous less Conservative Sector of my Amish Culture. *

Swartzentruber Basic Ordnung
In 1913 the Swartzentruber Amish formed their own religion and split off the True Old Order Amish to become more rigid and conservative, as they believed the Old Order Amish were too modern.
 
Today there are at least a dozen different types of Amish churches.  Each one believing that they are the only church with the right set of rules. While the rest of the Amish churches will allow their members to switch from one church to another without being excommunicated, the Swartzentruber church will not. The Swartzentruber church does not recognize the rest of the different Amish churches as being true Christians. Therefore Swartzentruber Amish will be excommunicated simply for joining a different segment of the Amish church.

The Swartzentruber Amish Ordnung church is held in the spring and the fall of each year. Only the adults who are members of the church are allowed to listen to the Ordnung. This material is considered very sacred by my culture and anyone who is not a member of the Swartzentruber church is not to have knowledge of this information. In fact all of Amish Deception is considered sacred, according to my culture and should not have been made public.

The clothes the women wear are to be made of all dark colors, such as dark blue, dark green dark red and dark gray and black. The material shall be made of Dacron, broadcloth, rayon or polyester. The seams on the dress shall be narrow, no more than 5/8 of an inch wide. The pleats that are sewed in the back of the dress shall be no more than 3/4 inch wide, and shall be ironed but not to the bottom of the dress. The dress length shall reach the shoe tops. The shoes shall cover their ankles. The apron shall have a 5/8 inch tie strap around the top section and shall be four inches shorter than the dress. Three pleats shall be sewn to the bottom of the dress and shall not be narrower than 1/2 inch and no wider than a 3/4 inch.

The cape that goes with the dress shall be pinned in the center of the lower back by the apron strap. At that point it shall be a V and gradually brought out as it comes up over the shoulder. The cape shall be cut in two sections as it comes over the shoulder to make it fit better around the neck. The cape is only allowed to cover the very edge of the shoulder. In order to fold the cape around the neck they tie a string around their neck where the cape is neatly folded in. There is one pleat in the back of the middle of the cape and two small pleats on each side. The front of the cape is neatly folded and pinned down below the chest.

I could spend an enormous amount of time on the guidelines for women’s clothing, but my goal is only to give you the basics of the Swartzentruber Ordnung, because the reading of the actual Ordnung can very easily take a couple hours.
The slips the Amish women wear under their dress are made very similar to the outside dress. The only difference is they are four inches shorter and have no sleeves and the colors can be a little bit lighter.

The socks have to be either black or dark blue, they cannot come above their knees nor can they be ankle socks. Nor can they have rubber or elastic sewed in the top of the socks.
 
Their shoes have to be black with black laces. The shoe sole cannot be solid or wedged type, it has to have a small heel. No spike heel shoes are allowed or any other type of high lace up.

They are not allowed to wear any bras. The underwear has to be home made. The colors can be white or any other dark color is acceptable. No rubber is allowed in the underwear. They must close them with buttons. They must not be made to a tight fit. Their caps are made of either black or white cloth. This cap is also made by strict guidelines. The pleats in the back of the cap have to meet specific guidelines. The bow in the bottom of the back of the cap has to be a ½ wide. There is even a guideline how they tie their cap. The black caps can only be worn at home while the girls are going to school. Unless they go to church, those who are not married wear black caps. The married must wear white caps all the time. The girls who are no longer going to school also wear white caps at home during the week.
 
The scarves are also strictly regulated. They must be of dark colors; the seams follow the guidelines of the Ordnung. The Ordnung also strictly regulates the bonnets. The shawls have to be made of certain material. They have to be a certain length and have to be black.

The women’s jackets are made shorter than the men’s. They must not cover their hips. The gloves during the week they can basically be any color. On Sundays they have to be dark blue, brown or black.

It is against the Ordnung for the women to buy tampons. The rags are usually made from worn out bed sheets. It is against the Ordnung to use a scissor or a razor any where on their body. They are not allowed to cut their hair, shave their legs or underarms. Nor are they allowed to use any type of birth control.

The furniture in the house is also regulated by very rigid guidelines. According to the Ordnung they must follow all specific measurements. It has to be stain in a dark color. You cannot use anything to try to bring the grains out on the wood to make it look fancier. No fancy trim is allowed. I t must look very plain.
 
According to the Ordnung, inside of the house the walls must be painted white. The Ordnung also specifies how wide the window facing or how wide the door casings can be, and what color they are allowed to paint them. In most Swartzentruber Amish homes the woodwork downstairs is painted a dark gray and the upstairs woodwork is painted a dark blue. The Ordnung also stated that they are only allowed to hang dark blue or black curtains over their windows. The Ordnung only allows plain silverware. They are also supposed to buy all their dishes as pain as possible. A flower here or there on the plate is acceptable. But no “Love You Mom” or “Love You Dad” coffee mugs are acceptable.

The bed sheets, pillowcases and the comforter have to meet the Ordnung guidelines. In other words everything they own has to meet their guidelines.
The married women are also to be obedient to their husband.

The Ordnung for the men is somewhat easier. Their pants and shirts have to be of dark colors, and the type of cloth is also regulated, which is usually blue or black. They also have to meet the strict guidelines of the Ordnung. Their pants have to have buttons on the front no zippers are allowed. Two small pleats are in the back of the pants. The belt on top of the pants must be 1¼ inch in width. They are not allowed to have any collars on their shirts and only two buttons in the front of their shirts.

Their vest has to reach the pants, and they use hooks and eyes to close them. The jackets shall cover a couple inches of the pants, they also close them with hooks and eyes and have no collar.

The hat has to be either a black felt or straw hat. The brim of the boy’s hat is 3 ½ inches wide. The band that goes around the hat is ¾ inch wide. The straw hats are only to be worn in the summer months and the felt hat in the winter months. Exception to this Ordnung is if you are a teenager you may wear a black felt hat every Sunday. The married men’s brim on their hat must be four inches wide, and the band on their hat is ¾ inch wide. The Bishops and the Preachers’ brims on their hats are 4½ inches wide. Men are allowed to wear any color of store bought gloves during the week. On Sundays the color of the gloves shall either be dark blue, brown or black.

The men are allowed to smoke tobacco, such as cigars and pipes. They are not allowed to have a fancy smoke pipe, just a regular pipe. The cigars have to be a regular size such as Swister Sweets. Cigarettes are against the Ordnung. Chewing tobacco is allowed such as Mail Pouch, Beechnut and Redman. Rubbing snuff or dipping Copenhagen is against the Ordnung.

It’s against the Ordnung for the men to wear underwear, or have any type of pajamas. Their socks have to be of the dark colors such as gray, blue or black. The color gray can only be worn during the week. Two-piece store bought long johns are acceptable, if you remove the rubber from the pants and replace it with buttons. The shirt also has to be altered with two buttons placed in front of the shirt, the same way as the outside shirt.
 
Their hair cuts must be at least an inch above the eyebrows on the forehead. Once you have passed the eyebrows approximately by an inch you are to stop and make a straight corner downwards. This is to ensure that their ears stay covered at all times. Then they cut the hair in the front just below the earlobe and go straight back. The Ordnung clearly states that your ears must be covered at all times and the haircut must be straight. The men are not allowed to use any type of aftershave lotion or deodorant.

The women are not allowed to wear any makeup, nail polish or fragrance of any kind. The women are also not allowed to smoke or chew any type of tobacco.
The flashlights that the men or women are allowed to have can be no larger than two cells. The brand is usually Sportsman or Eveready.

The Ordnung on sex between married couples is as follows: It is against the Ordnung to have sex on fasting holidays, which include, January 6th, also known as Old Christmas, Good Friday, the Sunday between the Ordnung and the communion service in the spring and in the fall, the end of August after they harvest all their crops, and Thanksgiving. On fasting days members of the church are not permitted to eat breakfast. They are to spend the forenoon together with their family in their house by reading of scripture. In the afternoon, after lunch has been served they are allowed to go visit.

They are not allowed to have sex while their wife is on her menstrual cycle. The only purpose for sex is to multiply. Oral sex is considered the act of an animal, it is against the Ordnung. When the wife becomes pregnant and it comes near time to give birth to her unborn child the husband is to stay close bye the house in case she should need him. Sex between a husband and a wife should only be for reproduction purposes. Any type of birth control is against the Ordnung. That includes withdrawal to avoid pregnancy.

The Ordnung states that a husband and wife are to bring their children up by harsh discipline. The Ordinung states the woman’s place is in the house cooking, cleaning, canning, making clothes, and helping her husband raise their children. The Ordnung states the man’s place is out in the barn and fields providing for his family.

The hardware that is on their horse harnesses, such as buckles and other metal parts cannot be nickel plated, if they are, they are to be painted black. The entire color of the harness is to be black.
 
They may not use a chain saw, drive a tractor, bulldozer, riding lawn mower, push lawn mower that is motor operated, drive a motor vehicle of any kind or operate any motor driven boat. They may also not operate any type of portable electrical tools. They may own stationary motors to do their thrashing, grind feed, run the sawmill, run shop tools or run the washing machine. Electrical starters are only allowed on the motors that they use to do their thrashing, run their sawmills and grind feeds. The rest of the motors have to start by pulling a rope or a crank. None of their tools can be operated by air or electric. The only exception to this rule is if they own a furniture shop. They may own an air compressor and may only use this compressor to spray the final finishes on the furniture. It is against the Ordnung to own a factory belt sander. If they own a belt sander it has to be homemade.

The may not have any type of battery lights on their buggies or drum brakes. Nor are they allowed to have a triangle on the back of their buggies that indicates slow moving vehicle. It is against the Ordnung to have the buggy axle bowed up. They have to be either straight or bowed down. The buckboard has to be 17 ½ inches tall. The back of the seat cannot be over 7 ½ inches in width. The buggy length and width has to meet their stiff guidelines. The back buggy wheels have to be larger than the front. The fiberglass buggy whip has to be of dark colors. The buggy blankets have to be of dark colors.
 
It is against the Ordnung to press charges or to file a complaint against any of their members with the local legal system, no matter how serious the issue is.

The Bishop is the leader of the church and he has the final say. The two preachers in his church are his first servants who will take turns with the Bishop to preach in the church. The Deacon is the Bishop’s second servant, who will not preach in church except read scripture out of the New Testament.
 
Should any complaint come against a member, the Bishop is the one who will send two of his servants to investigate, either two of his preachers or one preacher and a deacon. They will bring their findings to the Bishop and the Bishop will have the final say what punishment should be applied to the member who has fallen in violation to the Ordnung. If the allegations against the member are serious enough, yet they do not have direct evidence to pass judgment they hold preacher meetings until either the member confesses, or in some cases where they are confident that he or she is guilty, they will pass judgment whether he or she confesses to the violations or not.
 
If the violation is serious enough the member will be give the opportunity to excommunicate him or herself from church, which means he automatically become shunned from the flock.

This usually means they are only excommunicated for six weeks, should no other complaints come against them. Should they decide to fight the Bishop and the preachers ruling they will then take it up with the church, and if the church agrees with the Bishops and the preachers’ findings they will then be forcefully excommunicated from the church. The Bishops, Preacher and Deacon will say in their Ordnung that the members are free to speak on these issues when asked. But most of the time it is unwise to go against the Bishop and his servants, as they are apt to find the member in violation of the Ordnung.

The Bishop, his two servants, and the deacon think they are special and God has called them, that in most cases their authority shouldn’t be challenged.

This is the basic Swartzentruber Amish Ordnung. I realize I have left a lot of the Ordnung out, but a lot of it I have covered in Amish Deception. The Ordnung is not about scripture out of the New Testament or the salvation of your soul, but it is about control.

This is what the Swartzenruber Amish Religion is based on. Any infraction of these rules is seriously punished. Every spring and fall they have an Ordnung church that explains all the rules.

If every  member is in compliance with the Ordnung, two weeks later they will have communion service, where the members break bread, have one sip of homemade wine and wash each other’s feet. This is to purify their soul from all their sins in the past six months. Communion service is considered very sacred, absolutely no infractions to the Ordnung, at this time, is acceptable. Should there be any infractions to the Ordnung, there will be no communion services held until the infraction is solved.

Swartzentruber Amish proclaim it is against their doctrine to call the local authorities under any circumstances.  They stand by this believe when the crime has been perpetrated by one of their members.  If the crime has been perpetrated by a non-Amish man against one of their members, they want the perpetrator prosecuted to the fullest extent of the law. 
 
The way I understand the scripture, when a man sinneth against another man, let him be judged by a man.  When man sinneth against spiritual things, let him be judged by God.  This is in compliance with the scripture.

When the Miller case took place in St. Lawrence County in up state New York, my nephew had no other choice but to turn his parents into the local authorities.  The church expelled him for that.  He is still expelled for his actions as of today.  To my knowledge they have never expelled either one of the parents for abusing their children. 
 
When my Amish cousin was raped in St. Lawrence County, New York by an Englishman, my Amish Culture had no problem at that point to get the local authorities involved in that case, and to see to it that he gets
prosecuted to the fullest extent of the law.

When Norman Byler raped his three grand daughters in Guernsey County, Ohio, my Amish Culture didn't turn him into the local authorities even though he was a known rapist, and molester for the last three or four decades.

When my wife's Amish nephew who was a minor ran off from his parents here in Guernsey County settlement, they had no problem to file a complaint with the local sheriffs department stating that he was a runaway. 

Every time my Swartzentruber Amish Culture has to go to court, such as the Miller case, or the Byler case they try to hide behind the Freedom Religious Act.  According to the scripture I believe they are not a religion, my people are a Cult. My Amish culture should not be allowed to hide behind the Freedom Religious Act for their Criminal misdeeds.
[*/quote*]

[Rhokia]

http://web.archive.org/web/20140815165421/http://www.amishdeception.com:80/anna_hershberger.html

[*quote*]
    Home
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    Amish Public Records
    Contact Us
All names have been changed to protect the innocent. Copyright (C) 1997. By David E. Yoder
Go to RESOURCE section!
You can click on the Zero if you need assistance.  If you are an Amish Victim you can also call me on my cell # 1-740-359-1030

ANNA HERSHBERGER
 


http://web.archive.org/web/20131213104508im_/http://amishdeception.com/uploads/case1.jpg

[*/quote*]

[Rhokia]

http://web.archive.org/web/20140814234226/http://www.amishdeception.com:80/andy_hershberger_2.html

[*quote*]
    Home
    Autobiography
    Chapter Index
    Biblical Verses
    Links
    Amish Public Records
    Contact Us
All names have been changed to protect the innocent. Copyright (C) 1997. By David E. Yoder
Go to RESOURCE section!
You can click on the Zero if you need assistance.  If you are an Amish Victim you can also call me on my cell # 1-740-359-1030

ANDY HERSHBERGER


http://web.archive.org/web/20140814234226im_/http://www.amishdeception.com/uploads/case4page4.jpg


http://web.archive.org/web/20140814234226im_/http://www.amishdeception.com/uploads/case4page2.jpg


http://web.archive.org/web/20140814234226im_/http://www.amishdeception.com/uploads/case4page3.jpg


http://web.archive.org/web/20140814234226im_/http://www.amishdeception.com/uploads/case4.jpg
                     
Go to RESOURCE section!
[*/quote*]

[Rhokia]

http://web.archive.org/web/20140815001056/http://www.amishdeception.com:80/andy_hershberger_1.html

[*quote*]
    Home
    Autobiography
    Chapter Index
    Biblical Verses
    Links
    Amish Public Records
    Contact Us
All names have been changed to protect the innocent. Copyright (C) 1997. By David E. Yoder
Go to RESOURCE section!
You can click on the Zero if you need assistance.  If you are an Amish Victim you can also call me on my cell # 1-740-359-1030

ANDY HERSHBERGER



http://web.archive.org/web/20131213121047im_/http://amishdeception.com/uploads/case3.jpg

[*/quote*]

[Rhokia]

http://web.archive.org/web/20140814145733/http://www.amishdeception.com:80/amish_public_records.html

[*quote*]
    Home
    Autobiography
    Chapter Index
    Biblical Verses
    Links
    Amish Public Records
    Contact Us
All names have been changed to protect the innocent. Copyright (C) 1997. By David E. Yoder
Go to RESOURCE section!
You can click on the Zero if you need assistance.  If you are an Amish Victim you can also call me on my cell # 1-740-359-1030

AMISH PUBLIC RECORDS

In the future I will be adding other special cases to the list. The sole purpose for this link is to further educate the american public that my culture is not any different from other existing cultures.

Index
Anna Hershberger - (Child Abandoment) - 1 page

David Miller - (Suicide) - 1 page

Andy Hershberger - (Suicide) - 1 page

Andy Hershberger - (Unruly Child) - 4 pages

Samuel Miller - (Felony Assault) - 1 page

Levi C Yoder - (Homicide) - 3 pages

Myron Troyer - (Rape) - 6 pages

Dennis R. Hershberger - (Theft) - 6 pages

Earnest Miller - (Theft) - 4 pages

Edward D Gingerich - (Murder) - 9 pages


Other Court Records You Might Want To Investigate:
75-CR-11 / Roy A Keim
76-CR-28 / Allen Miller
77-CR-09 / Levi Miller
80-CR-14 / Steven R. Miller
80-CR-16 / David M. Yoder
80-CR-46 / Edward D. Yoder
82-CR-07 / Ruben H. Miller
82-CR-14 / Dennis R. Hershberger
83-CR-20 / John F. Yoder
86-CR-20 / Marvin H.Raben
87-CR-34 / Vernin Yoder
88-CR-09 / Myron Troyer
91-CR-26 / Matt Miller
91-CR-29 / John P. Hershberger
91-CR-32 / Roy L. Raben
92-CR-30 / Andy Miller, Jr
93-CR-21 / Roman L. Hoshstetler
97-CR-47 / Willis R. Miller
80-CR-56 / Michael Kandel
80-CR-15 / Clarence A. Yoder
80-CR-44 / Willard J. Miller
80-CR-50 / Paul Yoder
82-CR-10 / Marion A. Miller
82-CR-15 / Earnest Miller
83-CR-23 / Daniel R. Miller
87-CR-29 / Earnest E. Miller
87-CR-35 / John Mast
90-CR-44 / Daniel A. Yoder
91-CR-27 / Mark E. Miller
91-CR-30 / Allen Hoshstetler
91-CR-81 / Roy B. Miller
92-CR-31 / Dwayne Miller
97-CR-19 / Willis R. Miller
97-CR-11 / Wesley Miller
[*/quote*]

[Rhokia]

Ein 14-Minuten-Video:

http://web.archive.org/web/20070206202326/http://www.amishdeception.com:80/amish.wmv

[Rhokia]

The backup of the original files, which were restored from the Web Archive:

http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/preface.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/chapter_1.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/chapter_2.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/chapter_3.html
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http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/chapter_6.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/chapter_7.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/chapter_8.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/chapter_9.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/chapter_10.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/chapter_11.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/chapter_12.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/chapter_13.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/chapter_14.html
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http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/chapter_28.html

http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/20-20.wmv
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http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/amish.wmv
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/amish_public_records.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/Amishdeception.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/Amishdeception_Book_cover.jpg
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http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/anna_hershberger.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/autobiography.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/Biblical.htm
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/biblical_verses.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/byler_molestation_case.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/byler_rape_case.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/CanadianAbuse.htm
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http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/chapter_index.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/church_leadership_selection.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/contact_us.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/DanPadden.htm
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/david_miller.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/dennis_r_hershberger.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/Donations.htm
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http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/feedback.htm
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/Guernsey.htm
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/Home.htm
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/levi_c_yoder.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/Links.htm
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/links.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/Media.htm
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/memberlist.php
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/miller_case_update.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/MillerUpdate.htm
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http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/MillerVid2.htm
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/myron_troyer.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/NewsHome.htm
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/Ordnung.htm
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/Petition.htm
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http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/samuel_miller.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/schwartzentruber_amish_ordnung.html
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/State_v_Miller_196_Wis_2d_238_Casetext_Search_Citator.htm
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/updates.wmv
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/Victims.htm
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/Video1.htm
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/WISByler.htm
http://www.allaxys.com/~aktenschrank/AMISHDECEPTION_BACKUP/www_amishdeception_com_80_index.html