More Court Ahead For The Green Family

[bobandtorey]

JACKSON- Medical marijuana played a major part in the testimony delivered during the latest phase of the Green v Ferguson custody case being heard in Jackson, Michigan, a case involving a seven-year old boy. This is the latest chapter in a saga that initiated the removal of baby Bree and made the Green family’s legal struggle into international news.

The couple was divorced several years ago. In 2013 the state’s Child Protective Services granted custody of the boy to his father, Ronald Ferguson, denying the boy’s mother her joint custody status and severely restricting visitation allowances because of her activity as a legally registered medical marijuana patient and caregiver. That mother is Maria Green.

During proceedings on Monday April 28 in the courtroom of Judge Beebe, the Ferguson legal team introduced witnesses who would attempt to corrupt the image of Steve and Maria Green’s parenting ability. Testimony was provided about the boy’s medical tests for epilepsy; results of drug tests for marijuana performed on the Green’s child, Baby Bree; the history of an investigation regarding marijuana from 2011 that has since been dismissed; a forensic interview with the boy performed by CPS; testimony from the grandmother about the relationship that exists between Ronald and the boy; and some contentious testimony from Steve Green.

Significantly, Judge Beebe refused to allow the drug tests performed on Baby Bree by Quest Diagnostics and Redwood Laboratories entered into evidence without proper authentication, a provision insisted upon by Green’s new legal partner in the case, attorney Joshua Covert. Proper authentication requires testimony from representatives of the actual companies that did the testing, ruled Judge Beebe, and that testimony will be heard during the next hearing on May 30.

Ferguson’s legal team prepared a single witness to provide authentication of the documents, an employee of the Alcohol and Drug Addiction Management (ADAM) organization who collected the samples used in the tests.  In order to be exempt from the hearsay prohibition, drug testing must be done in a certain way, records kept in a certain way, chain of custody must not be broken, explained Covert. 

“Everyone has good days and bad days in court,” said Maria Green, who had acted as her own attorney until Covert was added to the team. “I felt like Monday’s hearing was a good day for us. Joshua did a great job of bringing out the true colors of the witnesses.”

Some of the witnesses testified about events that had nothing to do with the son- or the issue of custody. A doctor testified about the boy’s epilepsy, at first saying he did not have the disease and then under cross-examination admitting that a single EEG test could not determine that. An Auburn Hills police detective detailed the investigation that led police to a mobile home-based cultivation site owned by Maria in that city in 2011, even though no crimes were committed at the property and there is no evidence that the boy ever visited the trailer. A CPS worker testified that the boy made admissions to her of marijuana use in the Green home, which were later refuted under cross-examination by Covert.

Much of the testimony heard in the courtroom was delivered via telephone- a method that is not favored by many. “I objected to the witnesses testifying by phone previously. When you can’t see the witness, you don’t know if they are being coached by someone else in the room, or if they are even testifying about their own recollection,” Maria Green told TCC. “Last month, I needed to show a CPS agent an exhibit. I had to get it admitted to the judge, but because the witness was testifying by phone, I was unable to authenticate the exhibit. While the practice is convenient for the witness, it doesn’t encourage justice.”

The case of the seven-year old boy’s custody has stretched on for more than a year, and the separation has brought heartbreak to the boy’s mother. “This Mother’s Day will be an emotional one for me,” Maria admitted. “I’ve been with Elliott for every Mother’s Day of his life, but this year, the court and my ex won’t allow it. I never would have guessed that I would still be fighting this case after 18 months.”

The next court date in the case will be May 30 at 10:30, Jackson Family Court, Jackson Michigan.

 

http://thecompassionchronicles.com/2014/04/30/more-court-ahead-for-the-green-family/

[t-pain]

so sad.

 

even schuetty said patients were protected with visitation rights.

[ozzrokk]

Good luck to the Greens............

[MiMedical]

so sad.

 

even schuetty said patients were protected with visitation rights.

That's how he got elected, speaking like that.. I'm not falling for it this time around.

 

Stay strong Steve and Maria, you will prevail!

[jointedone]

And the kid is the one that suffers the most.........So sorry.