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I was going to post something earlier today but needed to wait to get permission. Now that I have it, here goes. I'm sure omimouse will have a more detailed post up later once they're home, but these are the highlights from what she and Louis have told me.

First, I need to explain the people involved as they're a polyamorous group, which makes it more difficult than "husband" and "ex-wife." warinbear and catchild used to be married but were divorced a few years ago. omimouse is involved with both warinbear and louisadkins. ebonunicorn is catchild's new husband and partner of several years. There are three children involved: Bearcub, Puppy, and Pooka, listed by age. The eldest two are warinbear's; the youngest is ebonunicorn. They lived together at one point but Warin, Louis, and Naomi separated a few years back from Catchild and Ebon (whose name is on record as Paul Alexander Montgomery the Third, but I will refer to as Ebon for simplicity, and the fact that I hate he shares a name with my boyfriend).

A bit over a year ago, Bearcub confided in Louis and Naomi (who might as well also be her parents) that Ebon raped her from the time that she was 9 to when she turned 11. At that point, she demanded he stop, and he did -- but not without continuing to harass and express interest. This was reported to the police immediately, and DCS got involved.


Some might know that catchild has been a friend of mine since 04. Since neither household was on good speaking terms with the other, I acted as a go-between and mediator when this first started. At first, Catchild told me that she believed her daughter and fully supported her. The story slowly changed to say that it wasn't truly Ebon, but a demon that they had torn out of him and killed. I might have believed this had Bearcub not said that he continued to press the issue after the point Catchild claimed the demon was destroyed. Then... she told me something I could simply not ignore.

I have a chat log in which I expressed concern for Puppy's well-being, since Puppy was about the age as Bearcub when the abuse started. Catchild's response was to tell me that Puppy would be fine, because she wasn't his type.

Um...?

As events progressed, and Catchild turned against her daughter and tried to paint her as psychotic... it became obvious I had a choice. I could send the full transcripts to Warin, Louis, and Naomi to help their case (especially since DCS was fucking things up six ways from Sunday) ... or I could keep my friend's confidence and put the well-being of the kids (and potential future victims) at risk.

At this point, I should mention that Catchild is very mentally ill. She has multiple personality disorder to the point that she is unable to function normally. For awhile, she seemed to have it under control, but it had already started to spiral even before Bearcub came forward, and she lost it totally afterward. (I will say here that I have many friends with MPD or some variant, and I mention this only because of the severity.) I suspect that Ebon has taken advantage of her precarious mental state and manipulated her, because she is fully dependent upon him by this point. They are a D/s couple, which I have no issue with, until she outright stated that she would not seek medical treatment if injured unless he ordered her. That's not D/s, that's unhealthy dependence. Knowing the type of scum that Ebon is, I think that he would have taken full advantage and twisted Catchild into just what he wanted -- a helpless subservient unable to live without him.

I'm not trying to paint her as blameless, because mental state or no, she still made a choice and it has consequences. But I cut somebody that needs extensive in-patient therapy more slack than I do someone that's a sociopathic manipulative slimeweed.

I chose to give the chat logs to the three, and apparently they've made quite the rounds between the various DCS offices, the Sherriff, the DA, etc. I didn't think they would play an important role in the trial since it boils down to a "he said, she said" argument unless they subpoena Google's records, but that's getting ahead.

Ebon's trial was this week. Louis and Naomi were brought to the stand as witnesses yesterday, and Bearcub gave her testimony. I feel for the girl. OK, this is where I mention that the courtroom dramas get it all wrong. Witnesses were removed from the courtroom unless they specifically needed to give testimony or clarify a statement. Since Louis and Naomi were already witnesses, and Warin and Reana (her godmother) potential witnesses, along with two others... Bearcub was alone, save for Warin and Louis's mothers.

The bastard and his attorney tried to strip away her only support by demanding that all "potential witnesses" be removed from the courtroom. Since neither of the women were witnesses, prosecution stated, and nor were they acting out, there was no reason for them to be removed. Thank gods for that.

I understand Bearcub's testimony went on for close to three hours, describing in excrutiating detail precisely what was done to her on each separate incident. There were nine rape charges. I can only imagine the pain that poor girl went through, reliving everything that happened. I am so proud of her, and have nothing but respect for the strength she showed through all this. I'm not sure I would have been able to do it.

The next day...

Catchild was brought to the stand as a witness by defense. She was asked if she knew what multiple personality disorder was, and she replied in the affirmative. Had she been diagnosed with it? Yes. How many personalities were there now? "Over one hundred." Who are we speaking to right now? "Andara."

The claims that there was a demon in Ebon were brought up. "Which one?"

And then the chat logs came up. She was told what was in them and asked if she was aware of them. She denied it repeatedly. They brought the transcript forward and asked her to read her aloud. After she did so, they asked if that was her. She admitted it.

She was the defense's only witness. Not only did she put herself in a bad light in regards to her mental state, but she ... perjured herself by claiming ignorance and then stating otherwise. Which basically means she admitted in court that she knew her husband was interested in her daughter.

She then went on to try to paint her daughter as a manipulative child that was lying about the rape to get her way. Needless to say, no credence was given to that.

It took the jury less than an hour to make their deliberations. Guilty, on every charge.

Apparently, Catchild and Ebon were reasonably calm and collected -- more pissed and frustrated than freaking out -- until it was brought up that with the class of felony, his bail would be revoked. They both started crying. I suspect they meant to run after the trial was over, since he was on bail. Instead he was hauled out, not only in handcuffs, but in irons.

I'm ecstatic. DCS officials were at the trial and requested copies of the transcripts after Catchild made her statement about the logs. They've been trying to get Catchild and Ebon's parental rights revoked, and this should do the trick. After that, hopefully, there should be no trouble getting Warin's kids back from foster care. Then they can go home and start healing.

*deep sigh* There are far too many times when justice fails. I am glad this is not one of them.

I am sad for Catchild, and worried. She told me at one point that if he was convicted, she would commit suicide. That was said over a year ago; I don't know what she plans now. She is in a very precarious mental state, having lost her husband and now her kids too (and by her own actions). She's a wild card. I don't know what will happen, and to be truthful, I'm afraid of retaliation. I actually do hope that she is brought up on criminal negligence charges, because the only way she would get out of that is an insanity plea, and then she might actually get the help that she has been running from for so long.

I'm proud of what I did. I did not think that the transcripts I sent would make that much of a difference, but what was inadmissable turned into evidence with her confession. I am proud to have helped put a child rapist in prison. The formal sentence is not until next month, but TN law states that rape of a child carries a minimum of 25 years in prison that cannot be served consecutively with another conviction; there are 9 cases. The minimum length of time would be 225 years. Even if the judge decides differently -- even 25 years is good enough. I doubt very much TN is one of the states that segregates the child molesters and rapists from the rest of the prison populace for their own safety. And I hope that karma gets him in the ass.

Yes, I'm gleeful. I'm ecstatic. For once, something went right. For once, it went wonderfully right.

ETA: News article on the trial here. Also, Omimouse's entry.

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Comments

( 27 comments — Leave a comment )
enticing_thorn
Aug. 14th, 2009 10:28 am (UTC)
I'm so glad that that bastard is going to prison! Well done. seriously. not many people would be brave enough to stand by the kids and actually give evidence. I remember when you mentioned this a while ago on divas and i'm glad this turned out right.

*hugs*
elialshadowpine
Aug. 14th, 2009 09:42 pm (UTC)
I didn't see I had a whole lot of choice. I care about Catchild a lot; we used to be quite close, and I consider her like a sister. But she's very ill, and safety of the kids comes before maintaining a friendship. Cause, I thought about the possible outcomes, and I knew that if I said nothing and he was found not guilty -- I'd never be able to forgive myself, always wonder if what I did might have made a difference. I'm glad it did.

*hugs back*
suzilem
Aug. 15th, 2009 03:25 am (UTC)
IMHO, you did the right thing, and very probably saved the other two girls from going through something similar. Good for you.
dusktodawn
Aug. 14th, 2009 12:38 pm (UTC)
wow, it's wonderful to see justice in action. I'm so glad that this ended in a positive light!
elialshadowpine
Aug. 14th, 2009 09:42 pm (UTC)
So am I. So am I.
norikos_author
Aug. 14th, 2009 01:18 pm (UTC)
Under the circumstances, there are almost certainly grounds to have Catchild committed involuntarily at least long enough for an evaluation. In California, I think it's 72 hours.
warinbear
Aug. 14th, 2009 04:18 pm (UTC)
. . . to have Catchild committed involuntarily . . .

The sheriff's detective, B, who had investigated the case and was working extensively with the DA's office during the trial spoke with the DCS caseworker, K, after hearing some of catchild's testimony (the grandmothers were close enough to overhear). B asked K, "Is that good enough for you?" The context was not clear, but it was likely he either meant "Is that enough information out of her mouth that you can clinch a TPR (termination of parental rights)?" or "Is that enough proof that you can have her committed?" After the verdict had been read, K asked the court for a complete transcript of the proceedings.

Since K works for the Department of Children's Services, I think the first interpretation more likely than the second, but they're not mutually exclusive. I am not looking forward to explaining to the Puppy, who is now eleven, that she won't be able to see her mom ever again because her mom said and did some really really stupid things. I think it's going to happen anyway.

In addition to bail, the parental rights of the man my daughter calls "Scumbag" were automatically revoked on conviction. Incidentally, the minivan was collateral on the bail bond (excuse me if I'm mis-using some of the terms here, as I'm not that familiar with bail proceedings), so even if catchild were legally able to drive, which she isn't due to seizures, she'd be SOL on transportation.
elialshadowpine
Aug. 14th, 2009 09:32 pm (UTC)
I agree. Honestly, if the comment she made to me about how she would kill herself if Ebon were convicted hadn't been made over a year ago, I would be making a phone call to the local police. Sadly, I think it's too old to act on, but other things she said in court may well be grounds if someone who was there is willing to put in the effort.
crescent_gaia
Aug. 14th, 2009 03:37 pm (UTC)
Count me as someone who is glad you came forward to put the bastard behind bars. I have no tolerence for people who abuse those who cannot defend themselves and I hope he gets the book thrown at him during sentencing. Thank you for being an advocate when nobody else would help her.

I do hope that Catchild can get the help that she needs. Is there anyway that you could ask the court to have someone look in on her or have her committed? I know that might be overstepping what you want to do and I think it might help calm your fear of retaliation.

Many *hugs* as well to you for doing the right thing.
elialshadowpine
Aug. 14th, 2009 09:46 pm (UTC)
Oh, there were multiple other people that came forward to help Bearcub. There just were not many that had anything relevant to the case to provide. Louis and Naomi, plus one other person, were the other witnesses.

I don't think there's much I can do as I wasn't there. If I were, I'd try to do more, but all I have is a year old conversation and what she said in the court. However, there's the possibility that DCS/etc may decide to take her to court based on her perjuring herself plus criminal negligence (since she was aware of the husband's proclivities); in that case, I don't see any plea but insanity, and the result of that... sad to say... may be the best thing for her right now. I'd rather see her healthy in mind and body, but right now... she needs a lot of help.

*hugs*
guruwench
Aug. 14th, 2009 05:11 pm (UTC)
Oh, thanks be!! Thank you, elialshadowpine, for everything you did. I'm proud of all you and the others did to help put the scumbag in jail and to support Bearcub.

May I add you? You seem like nifty people, and I already know by your actions that you're a good person.
elialshadowpine
Aug. 14th, 2009 09:46 pm (UTC)
Certainly. :)
(Deleted comment)
elialshadowpine
Aug. 14th, 2009 09:47 pm (UTC)
It wasn't an easy decision, but I'm "cursed" with a drive to do the right thing. ;)

Friended you back. :)
kia_faerie
Aug. 14th, 2009 09:18 pm (UTC)
Glad to hear he's been put away. I just hate the thought of anyone doing that to a child.. I don't know how people can do it.

Best wishes to the little girl and her family - hope they can heal from this, and well done you for helping
elialshadowpine
Aug. 14th, 2009 09:47 pm (UTC)
I don't know, either. Seriously. But from other things I know about the guy, he's one sick puppy besides.

jamileigh17
Aug. 15th, 2009 04:01 am (UTC)
*big hugs to you, and to the kidlings*
elialshadowpine
Aug. 15th, 2009 07:22 am (UTC)
*hugs back*
reana
Aug. 15th, 2009 04:14 am (UTC)
*hugs to Nonny*

Something that may settle your mind for a bit on the Catchild front, hun - she may be pregnant again, which means she's unlikely to actually do anything. Also, I was very close to her for years and many of her comments about suicide and hurting herself used to be begging for attention. Now - well, she's better at manipulation than she used to be. Please do keep in mind, however, that I've been out of the loop on her mental state for a few years. I also am hardly fair in my viewpoint, considering the way that she tried to have Bearcub declared psychotic a few months ago.

I seriously doubt that her mother is going to let her alone for very long at this point. I may not like that her mother backed her, but the woman is far from stupid and she is aware of Catchild's health issues. I'm fairly sure she'll end up in Alabama with her mother and stepfather pretty quickly.

And finally, a huge thank you for stepping forward. If I knew you in person I'd have to give you a huge hug and kiss. You helped immensely in the trial, before the trial, and especially during the long months of waiting. I really do hope I get to meet you in person at some point.

*hugs again*
elialshadowpine
Aug. 15th, 2009 07:22 am (UTC)
*brain breaks*

I wish I could say I'm completely surprised, but I'm not. I wonder, though, if she is... if CPS will take the baby; I'm fairly certain if she stays in TN, that would be the case, but I can't imagine her staying there on her own considering that she can't work or drive due to her seizures, plus her psychiatric condition. I believe her parents live out of state so I don't know if that would follow, unless she gets stamped with a sex offender tag as a result of this.

I hope her folks do take her in. She needs the help. I wish I could have the friend I knew back, but I don't see that likely. So all I can do is wish that she gets help.

*hugs* I couldn't do anything else. Like my mother, I have a "justice streak" a mile long. I can't look the other way on something this serious, even if it means losing a friend. It's been a tough situation, really, since the three moved from Sanctuary. I know a few people were not happy in that I tried to stay neutral, but I'm of the opinion that if I'm not there, I'm not hearing all sides. I care for everyone involved (save Ebon) a great deal, so I had to be there. And I think I've spent more time on the phone this week than in the past four or five months. :)

I actually may be in Nashville next year for a writer's conference. No definite on that yet, since it's quite expensive and I don't know if we'll be able to afford it, but I'm hoping. If I can make it, I'll let you know and we can get together for dinner or something. :)
reana
Aug. 15th, 2009 04:58 pm (UTC)
IF she is pregnant and stays in TN, then the baby will be put with Phooka and the infant that was recovered earlier this year. CPS will undoubtedly use her testimony on the stand to revoke her parental rights. Should she move to AL with her mother, they will notify AL CPS of the situation.

*sigh* You're not the only one that wishes she were different. Years ago, she really was a wonderful person, and I miss that person sorely. But I seriously doubt that person will ever make it back.

I understand - I would've tried to remain neutral and in minor contact for the girls' sake but was forced not to. I'm glad youi did - and it sounds like you and I have a lot in common in many ways. Still, it couldn't have been easy, and I salute you for that.

If you are in Nashville, please let me know. I'd love to meet you in person!
omimouse
Aug. 15th, 2009 04:45 am (UTC)
she may be pregnant again

-blinks-
-blinks again-

Uhm, could you repeat that, a little more slowly and a lot louder? I think my brain just collapsed.
elialshadowpine
Aug. 15th, 2009 04:47 am (UTC)
Yours and mine both.
reana
Aug. 15th, 2009 04:59 pm (UTC)
Straight from the detective's mouth, Mouseling. And it fits her dependence state of mind.
tigerbright
Aug. 15th, 2009 01:18 pm (UTC)
Oh good for you! (Found this in a Google search - I'm also a cheerleader for Bearcub, a friend of Warin and Omi and Louis, and a former friend of Catchild.)
paul_zap
Aug. 17th, 2009 07:49 pm (UTC)
I'm so glad those girls will be safe from that monster.
If catchild ever gains any semblance of sanity she will have to see that you did what she should have been doing. "Looking out for her daughters"
I hope she gets the help she needs but the most important part is done and now the healing can begin.
griffen
Sep. 24th, 2009 09:51 pm (UTC)
Found this in a Google search - I'm a friend of Omi and Louis and Warin. Former friend of Catchild. May I just say that what you've done is amazing, wonderful, and praiseworthy.

Thank you for standing up and being forthright about the truth. Thank you so much.
( 27 comments — Leave a comment )