Horse Whipping Is Too Good For Compliant Homeschoolers

Source: The Curmudgeon Newsletter--A Vermont Newsletter With An Attitude!
Reprinted here with permission.

21 November 2001

HORSE WHIPPING IS TOO GOOD FOR COMPLIANT HOMESCHOOLERS

by Cindy Wade

Compliant homeschooling parents ought to be taken out behind the barn and horse whipped.

After attending a state run Home Study Inquisition yesterday in a state owned building in downtown Rutland I am convinced, now more than ever, that homeschoolers should never EVER enroll their children in the Vermont Home Study program. If they do then they deserve the hassles they get and they are no less guilty of educational abuse as are the public schools and the Department of Education.

It was like the Land of Oz at this inquisition. There was the not-so-partial hearing officer bellowing like the great Oz; the cowardly home study coordinator who has sold her soul for the power of her job; the silver haired, stone faced Department of Education lawyer with no heart; and the 'having a bad hair day' special education teacher and the home study monitor with no brains! The poor homeschooling mom at this meeting simply wanted to go home and be left alone. She was probably wishing she was somewhere else, like Kansas maybe.

The arrogance in the room was so thick you could cut it with a chain saw. Each and every special education scarecrow--excuse me, teacher--was so proud of their schooling degrees and it didn't seem to bother them they know nothing about homeschooling. Not a one of them ever read books by or heard of Linda Dobson, or John Taylor Gatto, or John Stormer, or Charles J. Sykes. Only two of them were familiar with the name of John Holt.

Some pretty amazing things were said by these state paid tyrants and it was actually quite sad to see them all groveling for their pay checks. The most outstanding thing about this inquisition was the 'conclusion' that a couple of these scarecrows came to about the Course of Study that was submitted by Patricia, the homeschooling mom, with her re-enrollment notice. They claimed Patricia's 'standards' and 'expectations' for her children were too high. Too high?! I'm still scratching my head over that one.

One scarecrow in particular really stands out when it comes to no-brainers and this one is a top-dog at the Department of Education's Home Study Unit. Hang onto your ruby slippers for this one, folks! This scarecrow insists that 'learning impaired' is the equivalent to 'mentally retarded' and swore under oath to that. If that's not a wake-up call to you homeschooling parents out there, get this: she can conclude for you that your child is mentally retarded even though she has never met them! You ask yourself is she telepathic? No. Psychopathic? Maybe, but she swears she can come to these conclusions all on her own by simply reading your child's IEP's, assessment reports and psychological reports alone. Ask this same brain-dead scarecrow if a 'learning impaired' child can ever get a college degree she will tell you unequivocally 'never'! Even if they hung out in college for 20 years and completed all the course work. Sorry, no degree--you're retarded because she says so!

Now didn't some public school teacher tell Nancy Edison that her 8 year old son, Tommy, was learning impaired/retarded and was unteachable? Well, Nancy wasn't going to settle for that teacher's diagnosis of her son, especially since she knew her son better than that teacher did. So Nancy took little Tommy home, built a classroom in the cellar of her house and homeschooled him for the next ten years or so. As I recall I think little Tommy eventually grew up and invented some sort of gadget called a light-bulb. And wasn't a learning impaired and unruly little girl called Helen thought to be unteachable? Heck, she couldn't even see or hear anything. No thanks to public schools little Miss Keller grew up, went on to college and was smarter than most 'normal' college grads today with their masters degrees and PhD's.

How many of you homeschoolers out there who pulled your children out of public school saw a change for the better even within the first month or two? Still hanging onto those slippers? These characters in this Land of Oz haven't seen hide nor hair of Patricia's children for over one and a half years! The heartless Department of Education lawyer, the cowardly Home Study consultant and the brainless wonder Home Study special education monitor have NEVER even met Patricia's children.

Do you homeschooling parents out there honestly want people like this, who hide out in their ivory towers, to sit in judgment and control of your child's life? If you think you're doing yourself and your child a favor by enrolling them in the Department of Education Home Study program, think again. Go ahead and pat yourself on the back for doing so if it makes you feel special and obedient. Then reach around and slap yourself across the face and wake up to the fact that you're in cahoots with these characters. They've decided 'they know what's best' for YOUR children.

One such Masters-degree-toting special education teacher sat right at that table yesterday and proceeded to declare she 'knew what was best for Patricia's children' and that Patricia 'didn't know what was best' for her own children. At that point, while I was picking my jaw up off the table, I kind of half expected this woman's toes to start curling up until she completely disappeared. I even wondered if I threw water on this woman would she melt?

If any of you parents and tax payers out there think for one moment that the public schools and the Department of Education are all about education and the welfare of children, think again. They are all about money and control. They are all about people who, for one reason or another, 'thought' they were going into education and may have sincerely had hearts or brains or courage at some point in their naive young lives. They never left schooling. They spent their entire youths attending grade schools, junior high schools, and high schools. They led 'school centered' lives. The only life they knew and were comfortable with.

From high school they went right into the classrooms of their colleges and universities. Again, familiar and comfortable surroundings. From there, toting their degrees and educational theory baggage with them, they stepped back into the classrooms of the elementary, junior and high schools. They've never left the system. They've never lived any other life. They know little of the real world or alternatives to learning.

Locked into their world of 'schooling' they now have bills to pay, families to support and reputations to defend. They've learned to grovel and hoodwink for their paychecks. They've learned to manipulate parents and taxpayers in order to keep their livelihood and advance their agendas. They've banded together into unions to over-power parents, taxpayers and legislators. They've ignored studies, reports and proof that what they do has 'dumbed down' generations of Americans. They get defensive when you question their abilities so they turn around and label themselves 'professional'. In other words, they've sold their souls for a few silver coins.

As I left this inquisition at the end of the day I was feeling only one emotion. I was sad. I was feeling sadness for the great, all powerful Oz himself, bellowing and huffing, knowing full well he honestly believed he had a job to do or he might not be able to pay the mortgage company, or the grocers, or the utility bills. Had he promised his loving wife a future holiday together? How was he going to pay for all of this? Why, with the paycheck he'll receive from the state taxpayers, of course.

I was sad for the silver haired, heartless, cold-as-metal DOE lawyer whose livelihood also depends on the success of her efforts to maintain control over the lives of four more innocent children.

I was sad for the cowardly Home Study consultant who has completely set aside her mother's intuition and instincts in exchange for the power and recognition of her newfound job. After years of homeschooling her own children without someone like her looking over her shoulders she has sold out to her colleagues to be more than just a mom--like that job was never going to be the most important one she ever had.

I was sad for the younger munchkin special education teacher who sat quivering beside her bewildered lawyer. This timid creature gave testimony against Patricia's children after having them in her classroom for only eleven days. I knew this young, naive, wet-behind-the-ears woman was well on her way to becoming like the others there in the room. With a toddler of her own at home though, maybe there is hope she won't make the same mistakes. Then again, maybe she'll use all her educational training and theory baggage to experiment on her own child, too.

I was sad for the two brainless and almost comical special education teachers because they were simply angry, disillusioned and pathetic. I've known bag ladies with more dignity and honor that these two. If they had had a banner around their chests that read: 'Look at me, I have all these degrees and I've done my time. I've put up with all these kids for all these years. Where is my recognition and pat on the back for sticking it out?', it couldn't have been more obvious how miserable these two are.

So, if you ever find yourself sitting at one of these Home Study Inquisitions as the defendant and the burden of proof is on you, you probably deserve to be there for the simple reason that you enrolled your child in the Vermont Home Study program. My instincts tell me Patricia is done with the enrollment process. She made it plenty clear to them that no matter what they decide she has no intentions of giving up homeschooling her children because she can do a far better job than they did. And, if Vermont parents are willing to give over their parental duties and their Constitutional and God-given rights to the Department of Education's Land of Oz, maybe a horse whipping is too good for you. Maybe you should be forced to live in that Land of Oz with these people for awhile. At least that way the scars won't show.

(Cindy Wade homeschools her two children and does not enroll them with the state's home study program.)

Patricia O'Dell Case

The following is Part II of the O'Dell's story:

The Curmudgeon: A Vermont Newsletter
November 28, 2002

State Denies O'Dell Family Due Process and Free Exercise
By Cindy Wade

Off To Court--Again
On Thursday, December 5 at 9:00 a.m. Patricia O'Dell, 34, of S. Newfane, Vermont will be due in Family Court in Bennington to defend her right to homeschool her children before Judge David Howard. O'Dell has been assigned a public defender by the court (her third since September 13) but she has only seen him once since he was assigned to her case on October 7. This public defender has neglected to return any of O'Dell's or her advocate's telephone calls to his office and has deliberately made himself scarce since his one and only appearance on October 24 when he represented her at a show cause hearing. The show cause hearing was held the same day O'Dell was released from the Chittenden Regional Correctional Facility (CRCF) in S. Burlington, Vermont, where she had been incarcerated for 7 days for refusing to sign release orders. What was O'Dell's original crime? Homeschooling her four children: Andrew (15); Samantha (14); Angela (11); and Elizabeth (8).
O'Dell has been piecing together her own defense for the December 5 hearing. She herself has called upon several witnesses to attend this hearing on her behalf. She has also gathered together as much of the necessary documentation as she can to do battle with the bureaucratic behemoths Social Rehabilitative Services (SRS) and the Vermont Department of Education (DOE). Personnel at the DOE have alleged 'educational neglect' against O'Dell. In a November 14 interview with Ruth Dwyer on ABC 22 TV Natalie Casco, Home Study Consultant for the DOE, could not define 'educational neglect' although this is the crime which they have accused O'Dell of committing. When asked by Ruth Dwyer if the DOE calls in the SRS to pursue parents charged with 'educational neglect' Casco's response was a resounding, 'No, no, no.' Bill Young, SRS Commissioner, immediately followed Casco's interview during the broadcast and his response to the same question concerning whether the DOE calls in SRS was, 'A school or the Department of Education or both bring a matter to our attention alleging educational neglect.' There seems to be a conflict concerning who is making the allegations and it would appear that one department or the other is not being truthful with the facts.

The Capture
Meanwhile, SRS has taken custody of O'Dell's four children when the three girls were taken from her mother's property on Rocky Lane in Bennington on September 13. Approximately 20 people including state police, town constables and SRS members converged on the property without prior notice and without a search warrant. O'Dell was never contacted concerning this alleged violation of 'educational neglect' and no notice was ever served. O'Dell's youngest child, Elizabeth, was spotted outside the home and five members of the police force chased the child through the woods for several hundred yards. When O'Dell ran after her daughter to protect her from the intruders she tripped over a stone in the underbrush, falling into one of the officers and causing him to lose his balance. Later this same officer, Trooper Jesse Robson, accused O'Dell of 'shoving' him with both her hands and 'pushing' him, an accusation O'Dell hotly denies.

According to Robson's affidavit O'Dell 'repeatedly went inside her home'. This is a false statement because this was not O'Dell's home but the home of her ill mother, Patricia Stewart. Stewart was returning home from the hospital on September 13 when she was confronted by a number of police and SRS officials. One officer made threats against Stewart and was prepared to use pepper spray on her if she intervened. Stewart promptly told the officers to get off her property if they did not have a search warrant. It was soon after this confrontation that Officer Lloyd N. Dean went to acquire a search warrant.
At this point, however, Elizabeth had already been taken away by SRS member, Colleen Cummings. O'Dell had also been removed from the scene after she was thrown to the ground by Trooper Robson and two others, cuffed and escorted to a police cruiser where Robson grabbed her by the face and pulled her hair before forcing her into the car. O'Dell was taken to the Shaftbury Police station unescorted by any female officer.

Once at the police station O'Dell was simply detained until the officers could obtain a search warrant. Once Officer Dean returned with the warrant the Stewart home was searched and the two remaining girls were found hiding in the basement. O'Dell's sister, Samantha, told of how the officers pulled clothing and items from small spaces, including a small laundry basket obviously too small to hide a child, and threw them about.
While at the police station O'Dell was not fingerprinted nor did they take her photo. Robson had left a small red mark on O'Dell's upper right cheek where he pressed his thumb into her face in an attempt to prevent her from talking. This mark would have been obvious in any photograph taken at that time. Robson had also injured O'Dell's right hand and wrist when he threw her to the ground and forced her arms behind her back. Once he applied the handcuffs he deliberately twisted O'Dell's arms in another attempt to quiet her as she yelled to her young daughter to run away.
It was later determined at the Southwestern Vermont Medical Center by Doctor G. Pellerin that O'Dell's right hand and wrist were sprained. Dr. Pellerin applied a wrap and sling to stabilize the arm and prescribed medication for the pain. In a video taped interview recorded two days after the incident, O'Dell can be seen wearing the support bandage and sling on her right arm and a contusion on her upper left arm from officer Robson's brutal treatment is visible
O'Dell's son, Andrew, was not at his grandmother's home the day the police arrived so he remained on the run for several weeks. On November 14 Andrew appeared as a fugitive from justice in a prerecorded interview with Ruth Dwyer on her Hard Look segment on ABC 22 TV. Andrew was eventually caught by police and SRS officials on November 10 and held in a detention center for boys for nearly a week where he was locked in a private room. The Hard Look interview was filmed prior to Andrew's capture. While Andrew was held in the detention center he became so distraught that he would vomit his food and he was denied bathroom privileges during the night according to his mother who spoke to him by telephone but was not allowed to see him.

More Abuse and Harassment from Officials
When SRS first took custody of O'Dells' children they made it obvious to her they had no intentions of allowing her children to return to her any time soon. They accused O'Dell of living with her mother in the crowded home on Rocky Lane when in fact O'Dell and her family were registered at the Ladd Brook Motel in Pownal at that time. The O'Dells preferred to rent motel rooms with their room service, cable TV, continental breakfast, shower facilities, lights, heat, telephone (they use calling cards) and housekeeping services as opposed to renting an apartment where they would have to pay separate utility bills, exorbitant security deposits and possibly be required to sign a lease.
In the summer months the O'Dells prefer to camp in the out of doors where they can indulge in their Native American heritage. SRS then accused the O'Dells of being homeless when in fact they own property and a mobile home in S. Newfane, Vermont. The O'Dells were in the process of preparing their newly acquired property last summer and fall when school authorities began to harass and hound them in August before the public school year began.
While preparing their S. Newfane property the O'Dells continued to camp out on their land during the warmer weather. Once the colder season set in they moved to a homeless shelter in N. Bennington but still traveled the 38 miles to S. Newfane to care for their animals and work on dismantling the structures that were on the property when they bought it. School authorities continued to harass them but by now the town officials decided to get into the act by confiscating the O'Dells' pets and livestock.
Town constables and Humane Society workers sneaked onto the O'Dell property without a warrant sometime in December of 2001 and removed the animals. The O'Dells were not at home and were shocked to return home to their property and find their animals missing. Every last dog, cat, chicken and goat had disappeared. Sometime later the town notified the O'Dells and threatened to charge them with abandonment and abuse if they did not sign the animals over to the authorities. The O'Dells refused and demanded their animals be returned but to no avail. The town of Newfane kept the animals and at several select board meetings discussed who would be responsible for the expense of caring for the O'Dells' animals. The O'Dells were never charged with a crime and were never billed for the care of the animals the town officials stole from them.
The taking of the O'Dell animals was the last straw for this beleaguered family. It was after this latest round of abuse and harassment from state and town officials that the O'Dells decided to try to make a go of living in another state. They contacted relatives in Connecticut and moved their homeschooling family to what they hoped would be a better and less hostile environment. It was a crowded existence in the home with family members but the O'Dells and their relatives made the most of it. The school officials weren't harassing them and they could live in relative peace. They missed their Vermont family and friends. They missed their pets, especially little Moses, Patricia's prized chow her family gave her as a birthday gift after their home in West Haven burned to the ground on December 29, 2000. When warm weather returned in the spring of 2002 the O'Dells packed their bags and headed back to Vermont and into New York to return to their first love--camping under the stars.
Once back in the area the O'Dells soon found out the local officials had not forgotten about them and the harassment began anew. While camping at several different sites state and local police started their methodical abuse of the O'Dell's property rights and their constitutional rights. Officials continued to harass the O'Dell family all summer long. When the school year officially began in the Bennington area that is when authorities made their move to forcibly take the O'Dell children from their parents and charge 'educational neglect' since the family continued to homeschool.
The O'Dell family continues to be denied their constitutional rights including their right to practice their religion without state interference. Since Patricia and Ray O'Dell are only allowed to see their children at two 1-hour supervised visits on Mondays and Fridays they cannot teach their children their religious beliefs nor can they practice their faith with their children. Patricia O'Dell, in spite of the state's intolerance of her faith, is a devout Christian. She has supplied her children with bibles and prayer books while they remain in the four separate foster homes they are being forced to live in.

Foster Home Abuse
On Sunday, October 27 Patricia and Ray O'Dell made a surprise visit to my home along with their two daughters, Elizabeth and Angela. That morning the two girls had run away from their foster homes. They managed to elude their caretakers long enough to get to a telephone where they called their mother. Once O'Dell had them back in her care she became alarmed when 8 year old Elizabeth showed her mother a bruise on her left hip. The two girls informed their mother they had run away from the foster homes because they were being abused and they were frightened to remain there.
I was able to talk directly with Elizabeth and Angela while they were with me. Elizabeth informed me the bruise on her hip was a result of being 'dragged' by one of the four boys in the foster home where she was living. She told me this was not the only time she had been dragged around by the foster mother's 15-year-old son. O'Dell noticed another bruise on Elizabeth's upper right shoulder during a supervised visit in the SRS office approximately a week prior to discovering this latest injury. O'Dell expressed concern that the foster mother who is single and works full-time left her small daughter alone with these four boys. According to O'Dell the foster mother also has a boyfriend who comes to the home.
Elizabeth informed me she was instructed to tell her mother that she 'fell' on the steps of the school. I asked Elizabeth if she fell on the steps and she said 'no'. I then asked her if she had ever fallen on the steps and she said 'no'. According to Elizabeth the injuries were not simply a result of horseplay. She said the boy does this to deliberately hurt her.
That same night the O'Dell family was taken to the Weston Priory in Weston, Vermont where they pleaded for sanctuary and political asylum from the Vermont State government. Two brothers offered to help by contacting a woman in Ludlow who then took the family to a local hotel for the night. Unfortunately, the next day the girls were turned back into SRS custody by another Ludlow woman who made it her business to intervene.

From Homeschooling To Failing Schools

Once SRS took custody of O'Dells' children they placed all four children into public schools in the Bennington and Pownal area. Elizabeth, who had never attended public school, was forced into Pownal Elementary School. Elizabeth was expected to function in a strange new environment without the love and support of her parents whom she had never been separated from before.
Angela was enrolled against her will in Molly Stark Elementary School, one of the six remaining schools on the state's 'failing' list until just recently. Both she and Elizabeth have been subjected to immunizations, harassment, testing, probing and psychological counseling against their will and against O'Dells' wishes. Angela was also handcuffed by police and carried back to school grounds when she and another foster daughter in her home ran away from school in October. Angela claims this girl was beaten with a belt in the foster home and she was thrown down when she tried to intervene.
O'Dell also had expressed her dislike for the pagan holiday of Halloween and did not want her children to participate. Once she realized the foster homes and SRS still intended to make the children participate O'Dell gave strict instructions to her caseworker, Athena Bolger, that her daughters were to be dressed as Princesses or Angels and not as any demonic characters. She was later informed her daughters were purposely dressed in ghoulish costumes and made to participate in Halloween functions.
Samantha and Andrew were enrolled against their will at Mt. Anthony Union High School where both teachers and students have subjected them to harassment. MAUHS is also on the state's 'failing' schools list along with Mt. Anthony Middle School. Of the six remaining schools on the state's failing list Bennington had three of them.
According to O'Dell one teacher in particular has caused Samantha to become distraught over comments the teacher was making about her daughter's appearance. The teacher has been making cruel remarks about Samantha's pretty features and telling her that being beautiful was not enough to guarantee success in life. Andrew has been accosted in the stairwells by upper classmen and is being denied any remedial reading, which his mother feels he needs since the schools failed to teach him to read prior to him homeschooling.

Guilty Of What?
So far, O'Dell has not been charged with truancy, neglect or abuse towards her children. In fact, she has been told by SRS they know she was not abusing or neglecting her children. According to the state police affidavits SRS and the DOE have charged 'educational neglect' but they have yet to define what it is. O'Dell is now being told SRS has changed it's mind and they want to charge her with homelessness. Her public defender is no where in sight and won't return her telephone calls. She has been told she can have her children back if she promises to keep them in public schools, a demand that is against the law and unconstitutional according to U.S. Supreme Court rulings. Also, the O'Dell family cannot practice their religious faith because of the state's interference.
Since losing their children to state custody the O'Dells have also lost nearly half their SSI income. Mr. O'Dell is on disability for a birth defect and one of the children receives SSI. They now cannot afford to rent an apartment for the entire family unless they use their remaining income for housing and forgo groceries and utilities. Their S. Newfane property is on hold while the winter season makes it virtually impossible to finish the work necessary to complete setting their mobile home in place. Many volunteers have storage sheds loaded with furnishings for the family and are waiting to see what becomes of the O'Dells. The O'Dells will need a 3-bedroom apartment or house until June when the work on their property can be completed. They are seeking a place in the Rutland area to be closer to those helping with their situation.
©Cindy Wade

Patricia O'Dell Case

The following is Part I of the O'Dell's story:

The Curmudgeon: A Vermont Newsletter
October 17, 2002

Christian Homeschooling Mom Taken Away in Shackles!
By Cindy Wade

On Wednesday, October 16, Patricia L. O'Dell, 34, of S. Newfane, was arrested at 3:05 PM at the Bennington District Court in Bennington, Vermont for contempt of court. O'Dell had been cited into court yesterday morning for refusing to submit to fingerprinting and a photograph for police files.

O'Dell was ordered to submit to this procedure on October 7 at another arraignment hearing for 'custodial interference' and 'impeding an officer' as part of her release conditions. That condition involved O'Dell going to the Bennington police station within 5 days of her release. On the following Friday, October 11, four days later, O'Dell contacted U.S. Attorney Brian Marthage in Bennington through an advocate to inform him she wished to turn herself in because she was still refusing to have the prints and photos taken. Marthage informed the advocate that the courts are closed over the weekend and according to his calculations the fifth day would be Monday, October 14. O'Dell waited the weekend and all day Monday until 5 PM. On the morning of October 15 she arrived at the police station to turn herself in and still refused to submit to the fingerprinting and photograph. She was promptly given a citation to appear in District Court the following morning at 11:30 am.

O'Dell arrived at District Court at 11:30 am and was told her case had been moved to 12:30 PM. O'Dell was finally called into the court room at approximately 2:30 PM where she represented herself and entered a plea of 'not guilty' to the charge. When questioned by Judge Howard about her refusal to submit to being photographed and fingerprinted O'Dell informed him she believes a person is innocent until proven guilty and the procedure violates her rights. After hearing testimony from the prosecutor who expressed his concern for O'Dell's ongoing contempt and that she basically 'holds the keys to her own jail cell', Judge David Howard ordered a 'show cause' hearing be scheduled for the following week. O'Dell was then released and presented with the conditions which she was expected to sign. Upon reading the conditions O'Dell found difficulty in agreeing with the requirement that she abide by Family Court orders. One such order is that she turn over her 15 year old homeschooling son to state custody. O'Dell refuses to do that because she feels strongly that it would compromise her religious beliefs and her son's Christian education. She also fears he would be subjected to abuse in the hands of SRS (Social Rehabilitative Services).

Upon O'Dell's final refusal and a warning from the deputy sheriff that she would be taken into custody if she did not sign, she was quickly escorted from the court lobby to a small holding room where she was searched and relieved of her wrist watch and wedding band. She was place in handcuffs attached to a leather belt around her waist and her ankles were secured with cuffs and a length of metal chain. These were placed on her to prepare her for transport by the Bennington County Sheriff's department to the Chittenden Regional Corrections Facility at 7 Farrell Street in South Burlington, Vermont.

It was brought to the attention of the attending sheriffs that they needed to take special care with O'Dell's right wrist and hand which were wrapped in a support bandage. O'Dell says this injury was a result of state trooper Jesse Robson's actions on Friday, September 13 when he tackled O'Dell to the ground at the home of Mrs. Pat Stewart on Rocky Lane. Mrs. Stewart is O'Dell's mother. Robson allegedly then placed his knee in O'Dell's back and cuffed her hands behind her back. Officer Robson then tightened his grip on her arm while twisting it in an attempt to prevent her from shouting to her family members to not let the other officers into her mother's home without a search warrant, according to O'Dell. Robson was there that day with several other officers to take O'Dell's four children into state custody for what he describes in his affidavit as 'The basis for the children being taken into custody was educational neglect.'

O'Dell also accused Officer Robson of pulling her by the hair and squeezing her face with his hand at the time of this incident. When O'Dell was taken into custody she claims she was never read her Miranda rights although Robson questioned her extensively and alone in the cruiser and at the Shaftsbury barracks. She says she also suspects the reason why she was not photographed when she was first arrested was because Robson left marks on her face and those marks would have shown up in the photograph. Robson was unable to take O'Dells' fingerprints because she was suffering pain from Robson's alleged abuse that caused injury to her right hand and wrist.

O'Dell sought medical treatment at the Southwestern Vermont Medical Center at around 12:20 am once SRS took possession of her three daughter and she was released from custody. Her arm was wrapped and placed in a sling by attending physician Dr. G. Pellerin. According to the medical report O'Dell had a hand injury, sprained wrist and contusions. On Saturday, October 14 a highly visible thumb size contusion could be seen on O'Dell's upper inside left arm where she alleges Robson grabbed her. The marks on her face were no longer noticeable.

Besides the alleged abuse by Officer Robson there is a huge discrepancy in the times of the arrival of the police officers and the time the search warrant was signed. According to Officer Robson and Sergeant Lloyd N. Dean, another state police officer at the scene, they arrived at approximately 4:15 or 4:39 PM. Judge Howard did not sign the search warrant until 6:35 PM. This would show the officers entered onto the Stewart property without the proper warrant. According to O'Dell's family members the officers were told more than once they needed a search warrant to enter the property. It was decided by Dean that he would leave to obtain the search warrant. Family members also say two officers just prior to anyone actually being handed the search warrant kicked in the back door to the kitchen. The search warrant specifically says 'This warrant may (not) be executed without knocking and announcing the presence of law enforcement officers and their purpose.' Neither the word 'may' or 'not' were either circled, underlined or crossed out. The requirement for the serving officer to knock and announce is a federal law.

Prior to Dean obtaining the search warrant O'Dell's youngest daughter, Elizabeth, age 8, was chased screaming through the wooded lot near the Stewart home for some distance before she 'just disappeared', as her mother stated. This was of great concern to both Mr. and Mrs. O'Dell because just that morning Mr. O'Dell had been squirrel hunting in that same wooded area and he warned his wife to not let the children play in them for fear of them getting shot by hunters he saw there. O'Dell says she was terrified for her daughter's safety because the five police officers who were chasing her were showing little, if any, regard for the hunting taking place in those woods.

O'Dell Family Find Themselves Homeless

The O'Dell family has been living in their car, in motels and has camped out in warmer weather since they lost their West Haven, Vermont home to a fire in December 2000 just three days after Christmas. The family is not entirely homeless though. With the insurance money from their destroyed home they purchased a one-acre lot located on Hunter Brook Road in South Newfane in the fall of 2001. They also purchased a second hand mobile home from a woman in Shaftsbury to place onto their new lot. This mobile home was well kept and within the O'Dell's budget. The previous owner was happy to have the mobile home taken off her hands because she needed it removed in order to replace it with her new one.

Patricia found a company in New Hampshire willing to transport the mobile home to S. Newfane for a fee of $950.00 but the company had difficulty getting the home onto the lot. The mobile home continues to sit at the end of the O'Dell's driveway where it was left in the late fall of 2001. Plans are underway to connect the mobile home with the property by a group of concerned citizens who have taken the initiative to get the project done at no cost to the O'Dell family. The goal is to get the mobile home installed by Thanksgiving so the O'Dell's will once again be able to live in comfort and together as a family.

The O'Dell family purchased their S. Newfane lot as is meaning they had to remove the dilapidated mobile home and addition that was already on the property. These structures had been empty for several years and had been vandalized. There was also an abandoned car on the lot that needed to be hauled away. The O'Dell family went to work and dismantled both structures leaving huge piles of materials they intended to recycle into small structures for their pets and livestock. O'Dell's goat would provide her with fresh milk since she was unable to tolerate cow's milk and the family would have fresh eggs and meat from their flock of chickens.

Unfortunately, a few members of the S. Newfane community decided to intervene in the O'Dells' plans and progress. According to a Newfane selectboard meeting on January 1, 2002, line 7B, item #4 a 'motion was made by R. Marek and seconded by F. Bacon to have the Town Constable and the Windham County Sheriff's Department work together to file the necessary paper work to bring charges of cruelty and abuse against Patricia O'Dell and to have the animals removed from Ms. O'Dell's control. Unanimous. The Windham County Humane Society has home for all of the animals; dogs, cats, chickens and a goat.'

While the O'Dell's were working to prepare their property and establish their new home they were living temporarily in a homeless shelter in Bennington. They traveled the distance of 38 miles each day to there secluded wooded lot located on a dirt road to feed and care for their animals they had built temporary shelter for. Since they were not allowed to have pets or livestock at the shelter they felt it best the animals remain on their new land. Apparently town officials were entering the O'Dell property without authority or permission to do so according to O'Dell. At some point those authorities, without a search warrant and without warning simply removed the O'Dell's animals from their property when the O'Dell's were away.

According to another Newfane selectboard meeting on February, 7, 2002, line 7B, item #2 'R. Marek questioned what may happen if the amount due to the Windham County Humane Society if the alleged owner of the animals, Patricia O'Dell, does not pay for the housing and other services provided by the WCHS. Suggestions were made but no conclusions were reached at this time.' According to O'Dell her animals were never abused or neglected and the town had no right to enter her property illegally and seize her animals. She has since acquired the paperwork from federal court and plans to file a 'Notice of Claim' against the Newfane Town Selectboard, the Town Constable, the Windham County Sheriff's Department and the Windham County Humane Society for $10,000,000.00 and she fully intends to send the town a bill for the value of her animals.

A work crew will arrive at the O'Dell property in S. Newfane on Saturday, October 19 at 8:00 am to remove the unwanted materials and metal framing from the old mobile home. The old car will also be towed away along with remnants of the dismantled addition. Once this is done the new mobile home can be pulled up to the lot and set into place. The plumbing, water and electric will eventually be reestablished. This work is being done by volunteers from Vermont, New York, New Hampshire and Massachusetts who will donate their time, money and materials for the project at no cost to the O'Dell family. These volunteers include former homeless people, home educators, politicians, ministers, off-duty police officers, mothers, fathers, teenagers, youngsters, contractors, veterans and others. According to one of the organizers the work crew is not a formal organization but are a group of caring, concerned citizens who have seen the need to assist a family that is struggling to stay together and improve themselves. They welcome anyone who wishes to join them in this effort by simply showing up at the property this coming Saturday. They also want the media to know they are welcome as well.

DOE Prevents Christian Home Education

According to first hand accounts SRS is using the O'Dell's homeless situation as an excuse to keep the children in their custody. SRS is also acting on an order from the Vermont Department of Education for a charge of 'educational neglect' stemming from a Home Study Hearing held November 20, 2001 for Patricia O'Dell. According to written documentation surrounding this hearing O'Dell established her right as a Christian home educator to homeschool her children without state or local interference and that she was providing her children with more than a minimum course of study as required by state regulations. According to documentation several state witnesses accused O'Dell of having 'standards' and expectations that were too high for her children.

When O'Dell first began to homeschool her children she received what some might call 'approval' from the Vermont Department of Education's Home Study Consultant Natalie Casco. According to law, however, 'approval' is not needed to homeschool in Vermont, nor are there any qualifications necessary to homeschool your children. O'Dell is a homemaker and has a high school diploma from Mt. Anthony Union High School in Bennington. Mr. O'Dell dropped out of school in the eleventh grade and is on disability for a physical problem. A parent wishing to homeschool their child need only send in an 'enrollment notification' along with a course of study covering the six basic topics and proof of screening showing the child has no impairments. A child is automatically enrolled at that time but the state can call a hearing to determine whether or not the application is complete. The key word here is 'notification'.

The state statute also reads 'a person having the control of a child between the ages of six and sixteen shall cause the child to attend an approved public school, an approved recognized independent school or a home study program for the full number of days for which that school is held....' The key word here appears to be 'a' home study program, not the VT DOE's home study program. O'Dell states that her children attend their homeschool 365 days a year. They have never been tardy or absent, since they can homeschool anywhere, anytime, even when they are with relatives or friends. In public school her children were accused by staff members as having behavior problems. In their homeschool O'Dell says the behavior of her children is not a problem for her.

O'Dells' children appear to be happy, healthy, normal, rambunctious children who enjoy their freedom to choose what they like to learn and learn best in the loving, secure, Christian environment that O'Dell provides for them. They use few workbooks and almost no textbooks. The use reading books including classic stories and do many hands-on learning which O'Dell says works best for all her children. O'Dell finds little need for testing because she can see their day to day progress since she lives with them. When the need arises to concentrate more on a subject or area of interest O'Dell takes the time to do that and will give that particular child more attention than the others. The children learn from each other as well, helping each other with reading, math or chores.

When O'Dell feels the need for support or assistance she calls on several others in her homeschooling community for help. Because of the lack of funding and their homelessness that community has come forward and established a fund for the O'Dell children at A Teacher's Closet in downtown Rutland, a teaching/learning material supply store. The O'Dell children were all provided with book bags filled with materials, supplies and books that can be used anywhere they may be including in the car, at a campsite or in a motel. O'Dell says that due to the lack of education on the part of the public school system she has had to do much remedial work with her three older children. Her youngest had never been to public school until SRS intervened by taking the children. SRS with the VT DOE's blessings have place O'Dell's three youngest children into public school against her wishes. Her oldest son, Andrew, is presently not in the physical custody of SRS.

Since the taking the children by SRS from O'Dell's custody on September 13 she has discovered her three daughters have been subjected to blood tests, physical examinations, x-rays, psychological testing, and counseling, all against their will and hers. Both she and the girls have been denied their right to freely exercise their religion and SRS is withholding the affections of O'Dell from her daughters as a tool to get the children to cooperate with them. O'Dell was only allowed two one-hour supervised visits with her daughters each week until her arrest yesterday. Now her children will not be able to see her at all while she sits and waits in the S. Burlington prison.

O'Dell says the first year Natalie Casco 'approved' her homeschooling they made her agree to keep two of her children in special education classes at the local school. However, O'Dell found this burdensome and her children were being abused and bullied whenever they were on school property, sometimes even by the teachers in charge of their care and well being. At other times the teachers themselves would actually do the work for the O'Dell children just to show they were making progress under their tutelage.

The second year O'Dell homeschooled she chose to withdraw her children from special education classes, which is her prerogative according to the VT Supreme Court ruling in the Karen Maple case (May 2000). After much research and discussion with other homeschoolers O'Dell also sights the 1920's Education Trilogy (Meyer v. Nebraska, Pierce v. Society of Sisters, Farrington v. Tokushige as well as Wisconsin v. Yoder in 1972) as supporting her constitutional right to homeschool and to provide a Christian education for her children. Things were fine in her W. Haven home and the local school didn't really bother her until her home burned to the ground just after Christmas. Within two months of the fire and with no place to live the Fair Haven Elementary School principal, Gloria Moulton, began pursuing the O'Dell family with the threat of SRS intervention. According to O'Dell the harassment and persecution continues to this day. O'Dell's present incarceration for pursuing a Christian home education for her four children appears to attest to that fact.

©Cindy Wade