TIMELINE
Cindy Dumas v Eric Moelter:
Maui FL#01-1-0270, San Diego DV#014964, FL #D477012
1990 Cindy Dumas, a Biologist/Paramedical Examiner, married Eric Moelter, a land surveyor, in Maui, Hawaii.
1992 Son Evan was born.
1994 Son Ryan was born.
1996 Son Damon was born.
2001 Cindy and the children moved to San Diego, CA. Cindy entered a PhD program in Health Psychology.
2002 In August, a mediated divorce was finalized in Hawaii, granting joint legal and physical custody to Cindy. In October, Eric moved to San Diego and began visitation on Wednesday evenings and every other weekend.
2003 February 23, 6 year-old Damon disclosed an incident with his father, which
Cindy, friends, family and the court-appointed counselor from Maui, Marianne Scott, believed was sexual abuse. Marianne told Cindy to contact CPS or she would have to. Edith Franks from CPS interviewed the children, case #0868-0214-0400-7009433, ordered supervised visits, and referred it to the police department. Police detective, Cindy Brady did a minimal investigation report #226868, and said there was not enough evidence to give it to the D.A.; she placed Eric on the Child Abuse Central Index.
CPS strongly recommended continued supervised visits, but closed the case as unsubstantiated. On March 5, Domestic Violence Judge Hightower issued a restraining order against Eric, later continuing it. The case was transferred to San Diego Family Court where Judge Michael T. Smyth dismissed the restraining order and the recommendations by CPS. Before any investigation was done, the children were ordered to return to unsupervised visitation with their father. On April 3, Eric filed a motion to change custody. On June 10, Raymond Murphy PhD was court appointed to conduct an evaluation. On October 24, Dr. Murphy submitted his evaluation report. He did not do a sexual abuse evaluation pursuant to Family Code 3118, did not talk to Damon or anyone Damon reported to about it, but deemed it unlikely to have happened anyway, even though Damon had since disclosed that he was abused every time he visited his father back to when he was 4 years old. Minor’s counsel Terry Chucas attempted to coerce Cindy into signing a declaration saying she did not believe the abuse happened or she would lose custody, and if she reported more abuse, she would be on supervised visits.
2004 On January 22, Judge Smyth ordered the children to go half time with their father. He said Damon had imagined the abuse (despite the fact that Damon’s then 9 year-old brother Ryan had seen his father get up into the top bunk with Damon when the first incident occurred and his 10 year-old brother Evan had witnessed some of the abuse. In May, Judge Smyth decided that a father has a right to sleep with his son.
In October, Damon disclosed abuse again to his teacher and principal who called the police. CPS and Judge Smyth disregarded the new disclosures and Cindy Brady said she was too busy to investigate for at least another month. Terry Chucas followed up with his threat and recommended Cindy lose custody and have no contact with the children for three months and after that only supervised visits with a therapist.
On November 5, Cindy and the boys went into hiding to protect Damon.
2007 On August 8, the boys were granted a restraining order NO0107 against Eric by Commissioner John Chemelenski. In October, District Attorney Bonnie Dumanis dismissed the abduction charges after a review of the family court file. On January 31, Judge Lorna Alksne agreed to do a fair and proper investigation of the sexual abuse and said the children would be placed with a friend of the father’s for approximately two weeks while Damon was evaluated according to FC 3118 by William Dess, Ph.D.
2008 On February 1, Cindy and the children returned, with the understanding that Damon would be listened to and protected if he reported the abuse. Although Damon described four years of abuse in detail to Dr. Dess, his attorney Gary Plavnik, and the Chadwick Center, the three boys who were now 12, 14 and 16 were not returned to their mother as promised. In August, the judge decided that there would be no hearing on the abuse and that she was simply upholding Judge Smyth’s old ruling. The new evaluation was not conducted pursuant to Family Code Section 3118. Dr. Dess reported that unless Cindy changed her position about the abuse and participated with “reunification” with the father, she would have no contact with the children.
The court adopted his recommendations and added that she must take down the Saving Damon website as well. In October, Judge Alksne found there was no credible evidence of abuse and Cindy had “influenced” Damon. Cindy was declared an abductor, an extreme flight risk, a danger to her children because she believed Damon and not allowed to have any contact with the children. Judge Alksne gave Eric partial legal custody and full custody if he moves to San Diego. Damon must undergo an evaluation for anxiety by a new psychologist Dr. Randy Robinson. All three children must participate in $200/hr. reunification therapy with their father under Breffni Barrett, Ph.D. for six months and then be reunited with their father, despite their adamant statements that they do not want to see him. Damon and his brothers have reported the abuse to Dr. Barrett as well. The boys must continue to see therapist Dr. Craig Carlson at $165/hr. All these professionals are mandated reporters, but instead are complicit in covering up the abuse.
2009 Cindy was finally allowed to see her children after 8 months in the reunification therapy (the only way she could see the children). Cindy was told she must “adjust her thinking” (i.e. say that she really did not believe the abuse happened) with Dr. Barrett, so she quit the reunification therapy. Stop Family Violence led an email campaign in which over 15,000 people wrote emails to legislators and the Judiciary. Channel 9 and 10 followed the story and compared it to the Joyce Murphy story, a similar case in which the father molested the daughter’s friends. At the June 30th hearing custody was not given to either parent as the boys still refused to go with their father. At the September 11th hearing, Judge Alksne heard the boys in chambers talk about the abuse and that they wanted to live with their mother. At the October 2nd hearing, she ordered Evan and Ryan against their will to live full time with Eric, saying that Cindy was a danger to her children because she believes Damon. The stated goal of separating Damon's brothers from him was to distress Damon so much that he would give up and agree to live with his father too.
2010 Since Damon is still refusing to be alone or live with his father, Judge Alksne has now threatened to send Damon away to a boarding school or camp in order to torture him into recanting the abuse and agreeing to live with his abuser.
Maui FL#01-1-0270, San Diego DV#014964, FL #D477012
1990 Cindy Dumas, a Biologist/Paramedical Examiner, married Eric Moelter, a land surveyor, in Maui, Hawaii.
1992 Son Evan was born.
1994 Son Ryan was born.
1996 Son Damon was born.
2001 Cindy and the children moved to San Diego, CA. Cindy entered a PhD program in Health Psychology.
2002 In August, a mediated divorce was finalized in Hawaii, granting joint legal and physical custody to Cindy. In October, Eric moved to San Diego and began visitation on Wednesday evenings and every other weekend.
2003 February 23, 6 year-old Damon disclosed an incident with his father, which
Cindy, friends, family and the court-appointed counselor from Maui, Marianne Scott, believed was sexual abuse. Marianne told Cindy to contact CPS or she would have to. Edith Franks from CPS interviewed the children, case #0868-0214-0400-7009433, ordered supervised visits, and referred it to the police department. Police detective, Cindy Brady did a minimal investigation report #226868, and said there was not enough evidence to give it to the D.A.; she placed Eric on the Child Abuse Central Index.
CPS strongly recommended continued supervised visits, but closed the case as unsubstantiated. On March 5, Domestic Violence Judge Hightower issued a restraining order against Eric, later continuing it. The case was transferred to San Diego Family Court where Judge Michael T. Smyth dismissed the restraining order and the recommendations by CPS. Before any investigation was done, the children were ordered to return to unsupervised visitation with their father. On April 3, Eric filed a motion to change custody. On June 10, Raymond Murphy PhD was court appointed to conduct an evaluation. On October 24, Dr. Murphy submitted his evaluation report. He did not do a sexual abuse evaluation pursuant to Family Code 3118, did not talk to Damon or anyone Damon reported to about it, but deemed it unlikely to have happened anyway, even though Damon had since disclosed that he was abused every time he visited his father back to when he was 4 years old. Minor’s counsel Terry Chucas attempted to coerce Cindy into signing a declaration saying she did not believe the abuse happened or she would lose custody, and if she reported more abuse, she would be on supervised visits.
2004 On January 22, Judge Smyth ordered the children to go half time with their father. He said Damon had imagined the abuse (despite the fact that Damon’s then 9 year-old brother Ryan had seen his father get up into the top bunk with Damon when the first incident occurred and his 10 year-old brother Evan had witnessed some of the abuse. In May, Judge Smyth decided that a father has a right to sleep with his son.
In October, Damon disclosed abuse again to his teacher and principal who called the police. CPS and Judge Smyth disregarded the new disclosures and Cindy Brady said she was too busy to investigate for at least another month. Terry Chucas followed up with his threat and recommended Cindy lose custody and have no contact with the children for three months and after that only supervised visits with a therapist.
On November 5, Cindy and the boys went into hiding to protect Damon.
2007 On August 8, the boys were granted a restraining order NO0107 against Eric by Commissioner John Chemelenski. In October, District Attorney Bonnie Dumanis dismissed the abduction charges after a review of the family court file. On January 31, Judge Lorna Alksne agreed to do a fair and proper investigation of the sexual abuse and said the children would be placed with a friend of the father’s for approximately two weeks while Damon was evaluated according to FC 3118 by William Dess, Ph.D.
2008 On February 1, Cindy and the children returned, with the understanding that Damon would be listened to and protected if he reported the abuse. Although Damon described four years of abuse in detail to Dr. Dess, his attorney Gary Plavnik, and the Chadwick Center, the three boys who were now 12, 14 and 16 were not returned to their mother as promised. In August, the judge decided that there would be no hearing on the abuse and that she was simply upholding Judge Smyth’s old ruling. The new evaluation was not conducted pursuant to Family Code Section 3118. Dr. Dess reported that unless Cindy changed her position about the abuse and participated with “reunification” with the father, she would have no contact with the children.
The court adopted his recommendations and added that she must take down the Saving Damon website as well. In October, Judge Alksne found there was no credible evidence of abuse and Cindy had “influenced” Damon. Cindy was declared an abductor, an extreme flight risk, a danger to her children because she believed Damon and not allowed to have any contact with the children. Judge Alksne gave Eric partial legal custody and full custody if he moves to San Diego. Damon must undergo an evaluation for anxiety by a new psychologist Dr. Randy Robinson. All three children must participate in $200/hr. reunification therapy with their father under Breffni Barrett, Ph.D. for six months and then be reunited with their father, despite their adamant statements that they do not want to see him. Damon and his brothers have reported the abuse to Dr. Barrett as well. The boys must continue to see therapist Dr. Craig Carlson at $165/hr. All these professionals are mandated reporters, but instead are complicit in covering up the abuse.
2009 Cindy was finally allowed to see her children after 8 months in the reunification therapy (the only way she could see the children). Cindy was told she must “adjust her thinking” (i.e. say that she really did not believe the abuse happened) with Dr. Barrett, so she quit the reunification therapy. Stop Family Violence led an email campaign in which over 15,000 people wrote emails to legislators and the Judiciary. Channel 9 and 10 followed the story and compared it to the Joyce Murphy story, a similar case in which the father molested the daughter’s friends. At the June 30th hearing custody was not given to either parent as the boys still refused to go with their father. At the September 11th hearing, Judge Alksne heard the boys in chambers talk about the abuse and that they wanted to live with their mother. At the October 2nd hearing, she ordered Evan and Ryan against their will to live full time with Eric, saying that Cindy was a danger to her children because she believes Damon. The stated goal of separating Damon's brothers from him was to distress Damon so much that he would give up and agree to live with his father too.
2010 Since Damon is still refusing to be alone or live with his father, Judge Alksne has now threatened to send Damon away to a boarding school or camp in order to torture him into recanting the abuse and agreeing to live with his abuser.