Anna Mae He

[raacluse]

Chinese and American Cultures Clash in Custody Battle for Girl
By ANDREW JACOBS / NYT

MEMPHIS, Feb. 27 ? Armed with baby pictures and tearful indignation, the two couples come to court each day with their lawyers and supporters aligned on either side of the cherry-paneled chambers. For five years, Jack and Casey He and Jerry and Louise Baker have been tussling over a child who was born to the Hes, but who ended up with the Bakers for what both sides initially agreed was a temporary arrangement.

The Hes say their daughter was "kidnapped by white Christians" who have been using their wealth and the courts to their advantage. The Bakers say the birth parents are unstable and abdicated their parental rights by failing to provide child support or to visit their daughter for months on end.

Although the couples signed papers describing the setup as temporary, the Bakers say there was a separate verbal agreement giving them permanent custody of the child, a contention the birth parents deny. "Why would we visit our daughter every week if we wanted to give her away?" Mrs. He asked tearfully.

The Hes are facing a deportation order for unrelated reasons, but have been allowed to stay in the country until the custody dispute is resolved.

The Bakers' lawyers say that what ultimately matters is the welfare of 5-year-old Anna Mae He, who has seen her biological parents only once in more than three years as a result of a court order. "What kind of quality of life is the child going to have in China?" asked Larry Parrish, a lawyer for the Bakers. "Common sense dictates that to take a child out of an environment where she's firmly attached and settled is the ultimate devastation."

But in this case, common sense is a matter of debate. The trial, in its second week, has exposed a chasm between American and Chinese cultures, conflicting notions about what defines a good parent and the extent to which the legal system can become a wedge between parents and their children.

Each day dozens of Chinese from the Memphis area flock to the Shelby County Courthouse wearing yellow ribbons and buttons demanding the family's reunification. Although the case has received little notice outside Tennessee, it has been closely followed in the Chinese-language press, inflaming passions among Chinese-Americans and drawing concern from the Chinese Embassy in Washington, which has sent a representative to the trial.

(more at http://www.nytimes.com/2004/03/02/national/02CUST.html -- may have to register with website)

[child custody cases are often (always?) so polarizing]

[experiment888]

..."What kind of quality of life is the child going to have in China?" asked Larry Parrish, a lawyer for the Bakers. "Common sense dictates that to take a child out of an environment where she's firmly attached and settled is the ultimate devastation."


Are they serious about using this point...it takes a big-headed stance and shows detachment from reality.

After reading the article i support the Hes'. The contract was originally a temporary agreement which was signed and dated. Verbal agreements don't mean jack...(lawyers opinion?)...and holds no ground; where is the proof.

Also, the Chinese couple may have given out the wrong impression...if their english is not good.

[contra_diction]

Are they serious about using this point...it takes a big-headed stance and shows detachment from reality.

After reading the article i support the Hes'. The contract was originally a temporary agreement which was signed and dated. Verbal agreements don't mean jack...(lawyers opinion?)...and holds no ground; where is the proof.

Also, the Chinese couple may have given out the wrong impression...if their english is not good.

I understand that there's no way to prove a verbal agreement, unless you have a tape recorder and witnesses, I guess. I have heard from various people though, that a verbal agreement is nine-tenths of the law. A lawyer actually agreed. The reasoning is something about our nation was built on verbal agreements (examples given here), but to me, this is just an ideal that has no real substance. I just can't agree with that otherwise why do we always have to sign something, even our receipts when we make a purchase on credit. Am I just talking to the wrong people over and over again, or is there actually something to what they're saying?

[nonamerasian]

The parents shouldn't have signed a thing, but at least the signed agreement stated that the situation is temporary. There is proof of that.

It would be beyond appalling if the court takes away the child from her parents. What grounds do they have?

I hope their laywer is spreading the news.

I don't even understand why they've been in court. Give them their child.

[Banana]

It would be beyond appalling if the court takes away the child from her parents. What grounds do they have?

Grounds being that the child would live in such a assbackwards country like China isntead of living in a white household where there are no problems whatsoever.

[>:^|]

Well, while a verbal agreement can be considered legal, proving it is another matter altogether.

This whole case smacks of imperialism.

"If we do not have a reunification, I'm afraid our daughter will grow up thinking we abandoned her," he said. "I think that is worse than anything else."

This is the part that is the most upsetting to me. What kind of story do you think the foster parents are telling the child?

[moser]

Geez, the Bakers sure are arrogant and ignorant. I don't see why this was even allowed to be brought to court.

The legal fight has nearly bankrupted the Bakers, who recently sold their house to pay their lawyers. Mr. Baker, 45, is a mortgage banker and his wife, 42, is a part-time Bible teacher.

This is not helping the Baker's case. You want the kid to have a better life but you're making yourself bankrupt (and homeless?)?

[SynRG]

This is retarded. Even if a verbal agreement is 9/10 of the law, a written agreement is 100% of the law. Furthremore, if they can't prove the verbal agreement, it's the word of the parents vs. the word of the foster parents. "common sense" (:rolleyes:) says to take the word of the parents. I don't see what the issue here is. It's black and white.

I wonder if the He's maybe can't afford a good lawyer and the Bakers can? Because this case seems pretty straightforward to me.

[>:^|]

More from the AP (San Francisco Chronicle) (http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2004/03/02/national0942EST0547.DTL)

Court-appointed guardian in custody case says Chinese girl should stay with American couple

WOODY BAIRD, Associated Press Writer
Tuesday, March 2, 2004

(03-02) 06:42 PST MEMPHIS, Tenn. (AP) --

A 5-year-old Chinese-American girl at the center of a custody fight has bonded with the American couple who raised her from infancy and should stay with them, a court-appointed guardian said.

Guardian Kim Mullins also testified Monday that she believes the girl, Anna Mae, would face gender discrimination if her birth parents are allowed to take her to China.

"She is a Baker in her mind, from what I can see," Mullins told Circuit Court Judge Robert Childers.

[SynRG]

"What kind of quality of life is the child going to have in China?" asked Larry Parrish, a lawyer for the Bakers.

Guardian Kim Mullins also testified Monday that she believes the girl, Anna Mae, would face gender discrimination if her birth parents are allowed to take her to China.

Does anyone else think these arguments sound more like China-bashing than anything else? "Don't let 'er live with them commies now!" Next thing you know they're start arguing that she'll get SARS if they let them take her back.

And gender discrimination? What like we've completely eliminated sexism in the States? I can't believe this shit is actually flying in a U.S. courtroom. Not that China exactly has the highest living standards in the world... it certainly doesn't, but the fact that the lawyers are playing on the ignorance of the court and painting this ugly picture disturbs me.


"Common sense dictates that to take a child out of an environment where she's firmly attached and settled is the ultimate devastation."


The worst part is... the longer this goes on the more the girl is actually going to want to stay w/ her foster parents... meaning it's going to become a legal vs. moral issue. IMO this case was straightforward on paper and should have never come to this in the first place. Now that the girl is allready 5... even if the He's win her legally, they may have lost her emotionally... which is unfortunate.

[SunWuKong]

what the fuck? the child is going to grow up thinking that her biological parents actually wanted her, but her adopted parents won a law suit to keep her? i feel bad for the girl and her biological parents. what the fuck is wrong with her adoptive parents? some people are so selfish and fucked in the head.

[>:^|]

what the fuck? the child is going to grow up thinking that her biological parents actually wanted her, but her adopted parents won a law suit to keep her? i feel bad for the girl and her biological parents. what the fuck is wrong with her adoptive parents? some people are so selfish and fucked in the head.

No, my guess would be that the child is going to grow up with her foster parents telling her that her biological parents abandoned her. And that the U.S. is superior to China in every way.

"To me, if Casey truly loved her daughter, she would leave her with us," Mrs. Baker said.

This is an example of the type of thinking that makes me leery of transracial or transcultural adoption.

[Banana]

This particular girl is going to have some serious self hate issues if these foster parents keep playing around with her head. I agree with the above poster that this seems to be playing more on China-bashing than anything else.

They're praying on the fact that the courts will allow them to kidnap the child based on ethnic and xenophobic stereotypes. These foster parents are more evil than I could possibly imagine.

[Tao]

What the fuck!

jesus chirst...ugh...god damn..ugh!

shit, i'm so pissed as to the "reasons" the bakers gave as to why staying in the US would be sooooooooooooo much better than china, that i just want to punch their faces in.

fucking racist assholes...shit, yeah they're doing this girl a real fucking favor by keeping them from their savage parents and civilizing her. bravo, mother fuckers.

oh yeah i just remembered, for those transracial adoptee lurkers on YW, let me just state for the record:

this whole "oh chinese people treat girls like shit" arguement is soooo unbeleivably taken out of proportion that it's now a stereotype. The "reports" americans used to hear about aborting or killing baby girls were extreme examples, VERY extreme examples, of the chaotic 1970's. Believe me, I've been going back and forth to/from China for the last 6 years during summer breaks, and living in different cities (8 to be exact), and even some country sides, for at least a couple of months each time. So i know what i'm talking about.

For the bakers to be using this as an actual issue in why it'd be better for them to have the kid, should be thrown out of the court. Their statement proves just how ignorant, and arrogant some of these adoptive parents can be.

[AngryABCGirl]

That's such bullshit. Oh my god, is there anything we can do about this?

[mr. x]

agree with what Synrg said i mean "wow look at the nice life lil asian girl has in tenessee, she's got one side calling her a chink and the other calling her a me-luv-u-long-time" what a life eh? i know thats not all there is to the south BUT the china comment ticks me off cuz maybe i dont wanna live in china either but please, millions of chinese girls im sure are doing just fine in china (we gots to save them! buff mcman is up to the job)

[ashpen]

i wouldn't want to live in china...nor would i want to live in the south. poor kid. too bad she can't make the descision herself (it would be the best if she did) cause she might be too young still.

[Tao]

^ living in china isn't as bad as some people make it out to be. sure the luxuries sometimes aren't there, and there is more pollution than in the us, but if you can look past all that, it's actually a decent place to live...imo (of course).

i'd rather live in china, where i feel safe and secure, than live in a place with people who potentially hate my "slanty" eyes.

[>:^|]

Closing arguments are scheduled for March 22 (http://www.wreg.com/Global/story.asp?S=1663462&nav=3HvDLBlH).

The judge in this case is:

Honorable Judge Robert Childers
Circuit Court, Division 9
140 Adams Avenue
Memphis, Tennessee 38103
Telephone (901) 545-4710.

[experiment888]

...based on ethnic and xenophobic stereotypes...
the arguments, used by the Bakers, are all based on (false) stereotypes. i can counter each one with stereotypes about the USA; since i live elsewhere i have the outside view.

for example (Devil's advocate mode):

Baker's argument:
bad quality of life in China

my response :
too rich of a life in USA. kid will get clinically obese




"To me, if Casey truly loved her daughter, she would leave her with us," Mrs. Baker said. anyone else think Mrs Baker is abit retarded

[Banana]

In regards to the psychological ramifications on the child, the more the Bakers keep the child away from her biological parents, the more she will forget them which is what I'm betting the Bakers are trying to do. The Bakers have some really bad wiring in their head to steal a child from someone else.

http://www.philly.com/mld/inquirer/8090246.htm" target="_blank (http://www.philly.com/mld/inquirer/8090246.htm)

I seriously think that Yellowworld should take up a calling campaign to let the judge know that the Bakers are praying on ethnic stereotypes to help them win. Common logic completely flies out the window these days.

[>:^|]

Hon. Robert L. Childers
Circuit Court, Division IX
140 Adams Ave., Room 212
Memphis, TN 38103 Tel: 901-545-4022
Fax: 901-545-5659
Email: child-r@co.shelby.tn.us

- The Bakers (the foster parents) called the police during an agreed-upon visit, and threatened to have the Hes (the biological parents) arrested if they visited their daughter again. The Bakers then used these threats to prevent the Hes from visiting and then argued that the Hes had abandoned their daughter. (A four-month absence establishes abandonment under TN law.)

- The Bakers contacted the Hes' employers and informed them they were employing illegal immigrants. They also attempted to initiate deportation of the couple.

- The Bakers attempted to terminate the Hes' parental rights.

- The Bakers had always planned to adopt the girl and attempted from the very beginning to limit her contact with her parents.

[Banana]

That "Goldstein" almost seems to be paid by the Bakers if you read the testimony. I said it before and I'll say it again. Every single person that comes into this country has been told by me to understand this country's laws and procedures because if they don't, normal everyday Americans will eat you alive.

[mr. x]

it was pretty much a similar argument used in the Elian Gonzalez case, that living in Cuba would be terrible but that didnt work...

[AngryABCGirl]

On another note, I'll pick China anyday over the South.

[SunWuKong]

it was pretty much a similar argument used in the Elian Gonzalez case, that living in Cuba would be terrible but that didnt work...

what if little Elian got himself a couple of white parents...?

[mr. x]

what if little Elian got himself a couple of white parents...?
well the issue was the cuban american community pleading not to let him go back so thats a different angle cuz the CA community tends to hate castro fervently right? so if whites had adopted him it might seem more like the issue at hand

[nonamerasian]

One argument during the Elian days was that because the family was “White,” a stay in the U.S. was even a possibility and that if he were a little Black Haitian boy, more people in the government would have just pointed to the law on the books and say that the boy couldn’t stay without the hoopla Elian generated.

[SunWuKong]

i found a website that was built for this case.
www.isthisamerica.com

[>:^|]

Closing arguments were scheduled for today, but the Bakers' attorneys were granted an extension.

Boy, this case really pisses me off. :mad:

[>:^|]

March 22, 2004
Justice Both Blind and Slow
Yet More Delays in Custody Battle
Editorial by Michael G. Ryan

What is another three-week delay in a case that has already dragged on for more than four years?

For Jack and Casey He, who have waited almost 1500 days to see their daughter again, another twenty-one days is nothing short of agony.

The battle between the He's and Jerry and Louise Baker for custody of the He's daughter Anna Mae-a case that has attracted international attention and, recently, the unblinking eye of the media-was, for a brief time, racing along at breakneck speed. After a series of delays by Chancery Court Judge D.J. Alissandratos, who recused himself from the case when he came under scrutiny, the case was moved to the court of Judge Robert "Butch" Childers. Childers expedited the case after years of postponements, hurrying the trial through twelve-hour days and rare Sunday sessions.

He then presented the attorneys for all involved three weeks to prepare closing arguments so that a ruling could be handed down within thirty days. The date of those closing arguments was to be Monday, March 22.

Yet, after years of preparation and those three additional weeks to summarize their position, the Bakers and their attorney, Larry Parrish, decided to ask the judge for more time. Further, Parrish-an attorney for more than three decades-filed a motion asking Judge Childers to allow him to take the stand again to clarify statements he made during the trial. Under oath, Parrish conceded that he'd followed instructions from the previous judge, Alissandratos, to prepare documentation that would issue a no-contact order preventing the He's from seeing their daughter.

This highly questionable act was not done with the knowledge of the He's or their attorney, and Parrish now seems to recognize the gravity of his previous testimony. In essence, he has asked the courts for permission to recant or revise history.

The judge's response to objections from the He's attorney, David Siegel, was surprisingly forgiving: "Nobody's perfect," Childers said of Parrish's apparent lapse in judgment and his desire to gloss over his dubious actions in the past.

And so another delay is introduced into a case that has already been juggled with circus-like precision by the Bakers and Parrish. Their arguments for keeping Anna Mae-none of which address the legality (or lack thereof) of their actions in the past-continue to be built around the tired maxim that possession is nine-tenths of the law. In court, they have indicated, through Louise Baker's own journals, their desire to separate the He's from their child right from the beginning of their relationship.

Parrish has called into question the gifts that the poorer Chinese family bestowed upon their daughter, mocking those gifts' seeming lack of intrinsic financial value. And they have exemplified xenophobic cultural ignorance by arguing that conditions in China are unfavorable to girls, and therefore Anna Mae is safer and better cared for with them than with their biological parents.

As Louise Baker so arrogantly noted in People magazine, if Casey He truly loved her daughter, she would want what's best for her and would surrender her claims to the child, leaving her with the Bakers. This begs the question of whether the Bakers' home is what's best for Anna Mae in the first place.

Parrish's intent to correct his testimony, the no-contact order drafted like a deal with the devil in the dead of the night, the racial, ethnic, cultural, and financial judgments against the He's in court, all of these add up to the frightful suggestion that the court system in Memphis, Tennessee, has not yet joined the rest of the legal system in the twentieth century, let alone the twenty-first.

Such legal two-stepping periodically crops up in higher courts-witness the Scalia-Cheney duck hunting episode-but rarely with such ferocity and alarming regularity as it has in this case, in this city, in this state. Further, Childers noted in court that the case was "very difficult" and placed him "in a predicament."

Yet the precedent for ruling is clearly established-the recent case of Luz Cuevas and her daughter Delimar, separated for six years when the child was abducted after allegedly dying in a fire, or the Elian Gonzales case, which garnered international headlines.

The He case is headed for a similar spotlight, which could call into question the way justice is perceived in Memphis as compared to the rest of the United States. Judge Childers acted with great judicial haste when the case first came to him, yet now he has reached a "hurry up and wait" moment, making one wonder just what the mindset is in Tennessee that leads to such bipolar rulings.

Now another twenty-one-day delay in closing arguments, and a final opportunity for the Bakers and attorney Parrish to adjust their truth, seek revision to how they are perceived, let the media drift away to the next big thing so the spotlight is removed from their actions, and hold onto Anna Mae as long and as hard as they can.

For the He's, that twenty-one days might just as well be thirteen more years. At the rate the wheels of justice have turned in Memphis under the guiding hand of Larry Parrish, it may not be until Anna Mae turns eighteen that her real parents can welcome her back into the family that has waited so long to be with her again.

[Banana]

Our justice system can't be trusted to do anything correctly.

[SunWuKong]

this whole thing is pissing me off.

[BigLew]

:mad: :mad: :mad: :mad: :mad: :mad: :mad:
God damn I'm so fucking pissed right now I don't know what to do, can we start a letter writing campaign or something this is bullshit.

[>:^|]

full text at http://www.commercialappeal.com/mca/nation_and_world/article/0,1426,MCA_454_2802547,00.html

Anna Mae waiting
Child-custody ruling due within 30 days

By Shirley Downing

April 13, 2004

The future of a 5-year-old Chinese girl raised by an American couple inched closer to a decision Monday as attorneys used legal arguments and character attacks to make their case.

Attorneys for the child and the guardians portrayed the birth parents as liars who are unworthy of parenting the girl, and who manipulated public sentiment through the media.

In response, an attorney for the child's father said the other side had resorted to "character assassination" because they had little else with which to bolster their case.

Circuit Court Judge Robert L. 'Butch' Childers heard six hours of closing arguments Monday, and has 30 days to decide whether the parental rights of Shaoqiang 'Jack' He and his wife, Qin Luo 'Casey' He, to firstborn daughter Anna Mae should be terminated.

Contact information:

Hon. Robert L. Childers
Circuit Court, Division IX
140 Adams Ave., Room 212
Memphis, TN 38103 Tel: 901-545-4022
Fax: 901-545-5659
Email: child-r@co.shelby.tn.us

I wrote, but I did not receive a response.

[hooligan]

i'm goign to write an e-mail as well. can someone give me an idea on what i should say?

[SunWuKong]

i'm goign to write an e-mail as well. can someone give me an idea on what i should say?


write about how China is not as bad a place as those bastards make it seem like.

[>:^|]

The Bakers are essentially arguing that it is not in Anna Mae's best interest to be moved at this point. However, they lied to and intimidated the Hes in order to pursue Anna Mae's adoption.

If the judge grants custody to the Bakers, basically that would set a precedent that it is acceptable to kidnap a child and keep her away from her biological parents until such time as that child has been forced to bond with the kidnappers--at which time you argue the child has bonded to you and must be given to you.

[lethal]

The Bakers' lawyers say that what ultimately matters is the welfare of 5-year-old Anna Mae He, who has seen her biological parents only once in more than three years as a result of a court order. "What kind of quality of life is the child going to have in China?" asked Larry Parrish, a lawyer for the Bakers. "Common sense dictates that to take a child out of an environment where she's firmly attached and settled is the ultimate devastation." Question...what kind of life does Elian Gonzalez have in Cuba right now. Was that a pursuasive reason to not deny his asylum hearing? No. And it shouldn't be a factor here either.

Verbal agreements don't mean jack...(lawyers opinion?)...and holds no ground; where is the proof.

Verbal agreements are valid under certain, specific circumstances when conditions are met. However, there must be an absence of a written agreement.

In this case, where there is a signed contract, the verbal agreement constitutes a side deal, so that evidence would be admitted under the parol evidence rule. I didn't study the parol evidence rule in contracts class, so I'll leave it up to the others.

[Banana]

I knew some really poor kids in high school. Does that mean I can just take them from their parents because I have a 4 room house and more than enough to eat?

[lethal]

I'd like to write an amicus brief, but I'm not sure if its too late to do so.

[hooligan]

4/14/2004

To Honorable Judge .... :

I am writing to you concerning the case of the He family and their daughter. I heard about this case through several websites and newsletters. I e-mailed you to let you know that I find removing Anna Mae He from her family one of the more depiscable things that the justice system can do to the He family.

Essentially, removing Anna Mae from her family has not only isolated her, but removed her from a perfectly loving and caring environment. The He family has provided her with a home full of love and outside of material goods, they have the heart and capacity to raise her. The arguments from what I have heard coming from the foster family ranked of cultural and ethnic sensitivity. They simply do not understand being Chinese American in America. Rather, they choose to do several underhanded actions to destroy the credibility of the He family and paint them as irresponsible and horrible parents.

In The Spirit Catches You and You Fall Down written by Anne Fadiman, who discussed the relevance of a Hmong cultural perspective on raising children in America, pointed out that we must be aware of cultural differences in our lives. Especially, how these miscommunications result in the law's misrepresentation of ethnic culture. The He case reflects very closely that of the Hmong family Fadiman studied in her book. To only see them as irresponsible parents can only add to cultural insensitivity and misunderstanding of Chinese American parents.

I hope that you let Anna Mae stay with their rightful parents. They of all people should know how to raise a Chinese American daughter. Thank you for your time and attention.

Sincerely yours,

----

i need suggestions. : |

[>:^|]

Great letter, hooligan. I think you meant "insensitivity" in your second paragraph though.

You might want to also add something to indicate you mean the biological parents in your last paragraph, in case the judge needs some explanation.

lethalweapon, in what situations are amicus briefs filed?

The Spirit Catches You is an interesting book and I think Fadiman overall did a very good job. One of my favorite people, Dwight Conquergood, makes an appearance.

[kitty]

Proofreading:

I e-mailed you to let you know that I find removing Anna Mae He from her family one of the more depiscable things that the justice system can do to the He family.


I am e-mailing you to express my opinion that removing Anna Mae He from her family is one of the more despicable things that the justice system could do to the He family.
(slightly over-emotional, with use of 'despicable' but if that's how you feel than okay).

The He family has provided her with a home full of love and outside of material goods, they have the heart and capacity to raise her.

The He family has not only provided Anna with the necessary material goods she has required growing up, but has also proven that they can provide an endless supply of the love, caring, and heart needed to raise her.
(switched the sentence frags around to make it a little more meaningful)

The arguments from what I have heard coming from the foster family ranked of cultural and ethnic sensitivity.

From what I have heard, the arguments of the foster family reek of cultural and ethnic insensitivity.
(reek, not rank, changed the sentence around little, and I think you mean insensitivity).

They simply do not understand being Chinese American in America. Rather, they choose to do several underhanded actions to destroy the credibility of the He family and paint them as irresponsible and horrible parents.


Hmmm, personally, this is where your letter loses me. I think you should elaborate here, 'cuz it sounds like hysteria without backed up reasoning. I think you should pursue the importance of cultural and ethnic influences of a child growing up, rather than attempt to paint the foster family in a negative light when you, frankly, have fewer of the facts than the judge does. Let him/her decide the credibility of the foster family -- I think you should toss these last two sentences and go back to elaborating on the importance of culture and ethnicity in a young child's life. Or just cut them and use the next paragraph you have written as your reasoning.

In The Spirit Catches You and You Fall Down written by Anne Fadiman, who discussed the relevance of a Hmong cultural perspective on raising children in America, pointed out that we must be aware of cultural differences in our lives.


In 'The Spirit Catches You' and 'You Fall Down' (are these two books or one?), Anne Fadiman discusses the relevance of a Hmong cultural perspective in raising children born in America, and argues that children of non-white cultures must be raised with an awareness of their ethnic heritage.
(Grammar/diction fixing up, and re-worked the sentence a little to be more meaningful).


Especially, how these miscommunications result in the law's misrepresentation of ethnic culture. The He case reflects very closely that of the Hmong family Fadiman studied in her book. To only see them as irresponsible parents can only add to cultural insensitivity and misunderstanding of Chinese American parents.

First sentence = huh? I don't know what you're trying to say.
Second sentence = unnecessary. By brining in the book, you are already establishing that it is relevant to the He case.

Third sentence = start a new paragraph. Now, you are talking about how the law may misunderstand cultural differences as inability to be good parents.

Furthermore, what may be misconstrued as a lack of proper parenting skills in the He family may be an example of the American justice system misunderstanding the differences between white American and Chinese American parenting practices. To decide that the He family is incapable of providing a good home for Anna Mae because of their cultural differences is to add to the cultural misunderstanding and insensitivity that the American legal system has shown towards Chinese American parents.
(not the greatest paragraph in the world, and some statements are unsupported, but it's a start).

I hope that you let Anna Mae stay with their rightful parents. They of all people should know how to raise a Chinese American daughter. Thank you for your time and attention.


I hope that you will allow Anna Mae to stay with HER rightful parents. The He family is far better equipped to raise a Chinese American daughter and provide the necessary cultural and traditional influences that she will be lacking should be forced back to her foster family.



Sorry to rip it apart :)

[hooligan]

yyyyyyeeeesss, i get a lesson in grammar. i <3 you jen.

[kitty]

yyyyyyeeeesss, i get a lesson in grammar. i <3 you jen.

i'm evil and nazi-ish when it comes to grammar.

no, no i'm not. i just get carried away with the power of the proverbial red pen. thanks for letting me go nuts like that.


you masochist.

[raacluse]

I don't read chinese, so I was pleased to learn indirectly that the Chinese-language World Journal newspaper has been covering many angles of this case. One of the things their reports or commentaries have suggested is that the He couple have been a little naive in their approach to the U.S. legal system.

I suppose there is enough blame to go around in this situation, just like the 9/11 commission is digging up in their investigation.

I remember reading somebody's website sympathizing with the He's from the point of view of a mother who'd struggled with the Tennessee social services agency that handles foster child placements. This mother had to wait 6 months or more after regaining legal custody of her kid, before being physically reunited.

[>:^|]

full text at http://www.centredaily.com/mld/centredaily/news/opinion/8516759.htm

If the Bakers keep Anna Mae from her natural parents, they will also deprive her of her Chinese culture. They say they belong to a group called "Families with Children from China" and that the girl participates in activities with other Chinese children.

Why do people insist on believing that taking adopted Chinese children to events run by White parents has anything to do with Chinese culture?

[xdlin22]

godamn this pisses me off, give it back to the real parents, its their daughter, came from teh mother's womb, i dont even know why they need to debate this shit, its not even their kid.

[kimpossible]

I can't believe that I missed this before now... I think I'm in shock. You know that turning in the pit of your stomach when you're thoroughly digusted. It's native kids kidnapped and sent to white Christian homes all over again. What underhanded pieces of shit to offer to help out, sign an agreement that it is a temporary situation, then not only renege but forcefully repel the parents from a life with their child. Evil. Fucking evil.

[Banana]

Their Christian and Christians can do no evil as long as God is on their side. Reminds me of the Christian missionaries that converted Latin America and if one refused, you had your hands cut off.

[Banana]

I think I'm going to need some help regarding something.

Jack and Casey He stopped by my site in the past few weeks and left a new comments regarding this case. I'm going to email them back to see if they wish to post a statement or answer a few questions in an interview.

What do you think would be questions that you would ask them and why? Thanks again.

[lethal]

I think I'm going to need some help regarding something.

Jack and Casey He stopped by my site in the past few weeks and left a new comments regarding this case. I'm going to email them back to see if they wish to post a statement or answer a few questions in an interview.

What do you think would be questions that you would ask them and why? Thanks again.
I'm not sure what you should ask, but make sure you don't post anything that can later be used against them in court.

[SunWuKong]

what can we do other than writing letters?

[Banana]

Not what what I would ask which is why I'm asking for help.

I'm guessing something along the lines of:

1.) Do you feel the people aren't getting the whole story?

2.) Do most of the Bakers' arguments involve Chinese people or culture? Or the country perhaps?

[Banana]

More information (http://familyrightsassociation.com/horror_stories/he/index.html)

[iris]

A culture clash at the heart of a painful custody battle (http://www.usatoday.com/news/nation/2004-05-11-anna-mae_x.htm)

By Robert Davis, USA TODAY

CORDOVA, Tenn. — Five-year-old Anna Mae He sits on the floor in her family room, working on a jigsaw puzzle. Barefoot, wearing overalls and a bow in her hair, she appears uninterested in the conversation going on around her.

She is focused and silent as the adults, Jerry and Louise Baker, discuss the custody battle that has gone on for most of Anna's life.

Her biological parents, Shaoqiang and Qin Luo He — who go by the American names Jack and Casey, live just a few miles away with their two children. They do not know where Anna lives because Casey, 36, had gone to the Baker's last home, shouting from the street that she wants her daughter back.

Whether she gets her wish will be revealed Wednesday when Circuit Court Judge Robert Childers announces his decision about the Hes' rights to their child. Childers presided over a seven-week trial that ended last month.

This highly publicized case has pitted the Bakers, the girl's legal guardians, against the Chinese immigrants who swear that they never meant to give her up permanently. It has inflamed the passions of observers on both sides, including many in the Chinese community in this country.

Because there have been suggestions on Web sites that somebody should kidnap Anna Mae and take her to the Chinese Embassy, the Bakers are on guard. But they say that Anna is oblivious to all of this.

And as adults talk, the only thing that seems to draw Anna's attention is her sister, 4-year-old Aimee, born a year after the Bakers took Anna in. The Bakers have three older children, but Aimee and Anna have been raised like twins.

They share a bed. They wear matching shoes to preschool. And Anna keeps her sharp eye on Aimee. When Aimee goes into the kitchen for an afternoon snack, Anna quietly tells Louise that her youngest daughter has the apple cutter, which is "too sharp for her."

When it's time for Aimee's nap, Anna climbs into the queen-size bed that they share and lies down with her. About five minutes later Anna returns to the family room and says quietly, "She's asleep."

History of the troubling case

1997- Shaoqiang "Jack" He, a Chinese college professor, goes to the University of Memphis for a doctorate in economics.

Oct. 11, 1998 — He is accused of assaulting a female student. The school dismisses him.

Jan. 28, 1999 - Qin Luo "Casey" He gives birth prematurely to their daughter, Anna Mae.

Feb. 23, 1999 - Mid-South Christian Services places the baby with Jerry and Louise Baker as the Hes struggle with legal and financial problems.

June 3, 1999 — The Bakers offer to keep the baby beyond the three-month arrangement if the Hes sign over custody to them. Whether this agreement was meant to be permanent is part of the dispute.

April 3, 2000 - The Hes ask Juvenile Court to order the return of the child. The court declines, citing the unresolved criminal case and the couple's poor finances.

April 9, 2001 - The Hes again ask Juvenile Court to return their daughter. The court again declines.

June 20, 2001 - The Bakers seek adoption, asking Chancery Court to end the Hes' parental rights.

Feb. 7, 2002 - Chancery Court Judge D.J. Alissandratos grants the Bakers legal guardianship. He does not terminate the Hes' parental rights but orders that they have no contact with the child.

Feb. 22, 2003 - A jury acquits He of sexual assault.

Sept. 23, 2003 - The Hes are allowed to see the child in a videotaped, supervised visit.

Nov. 14, 2003 - Alissandratos, the focus of a judicial complaint filed by the Hes' because of repeated trial delays, withdraws.

Dec. 17, 2003 - Deportation hearing is postponed so that the Hes can resolve the custody issue.

Feb. 23, 2004 - A trial to determine custody begins before Circuit Court Judge Robert Childers in Memphis.

April 12, 2004 - Childers hears final arguments and sets May 12 as the deadline for his decision.



Different worlds

Both sides agree that the Bakers took Anna out of kindness. With the help of an adoption agency, the Hes placed Anna in the Bakers' home soon after the child was born. The plan was that the Bakers would care for the baby for three months until the Hes could get on their feet.

Jack faced legal problems after he was accused of sexually assaulting a student at the University of Memphis and dismissed from his job as a visiting professor. (A jury has since cleared him of this charge.) Casey was weak after a hard delivery. The Bakers had temporarily cared for 10 other children in the past.

But when the Hes were unable to take Anna back after 90 days, the couples entered into an agreement that is now at the heart of the dispute. The Hes say the Bakers told them that if they signed over custody to them, they could have Anna back anytime. The Bakers say they agreed to keep Anna because the Hes did not want her.

It is not uncommon in China for infants to be sent to live with relatives and to return to their parents as toddlers, the Hes say. They say they will bond quickly with the child if given the chance.

But life would be dramatically different for Anna in the Hes' one-bedroom apartment. Her younger brother and sister speak only Chinese. Toys and videos are strewn about on the floor. Avita, 1, and Andy, 3, jump on the mattress in the living room. The walls are covered with crayon drawings of something indecipherable. "I can't figure it out," says Jack, 39, about the scribble. "Maybe something in their minds."


A costly battle

A few miles east, in the Baker home, it is often Anna who is putting things away.

"She is compulsive," says Louise Baker, 42. "If her clothes are out of order in her closet, she gets upset."

The Bakers have only recently begun to talk to the media, in part because they now need the kind of help that the Hes have received from strangers who read about the case. A team of lawyers came to the aid of the Hes, who have had low-paying restaurant jobs, after reading about their struggle in USA TODAY.

Now the Bakers need money.

Jerry Baker, a mortgage banker, says fighting to keep Anna Mae may cost more than $400,000. The court-appointed advocates for Anna could cost the Bakers another $100,000, depending on the court's ruling.

The Bakers rent their current residence after selling their home to cash in on its equity. They sold Rolex watches and other jewelry to pay legal costs. And they pulled their oldest daughter, Heather, 21, out of college to save the tuition money.

Many people are against them. On the Internet, Chinese script calls them devils or religious fanatics. "You get numb to it," Louise says. "People say all of these things about you and eventually you just get numb."

As Anna climbs into Louise's lap, Jerry, 45, asks, "Who do you love more Anna, Mommy or Daddy ... be careful." She wraps her arms around Louise's neck and says "Mommy."

Jerry growls, "You're making me mad." Then they both put forefinger to thumb, making the "OK" sign to each other behind Louise's back.

On this day, the Bakers say Anna's departure is too painful to envision. "Putting her in the car seat, if it comes to that," Jerry Baker says, his eyes tearing and his lip quivering. "I just can't picture it."

The Hes can.

"We have been fighting for this day for so long," Jack He says, laughing. "We are very excited and happy."




My Opinion


By the way, I do find the nature of this article slightly biased.

The writer pictures the Bakers as overwhelmed with sadness while he portrays the Hes as confused and ignorant of the Bakers emotional pain.

I.E. "We have been fighting for this day for so long," Jack He says, laughing. "We are very excited and happy." versus "Putting her in the car seat, if it comes to that," Jerry Baker says, his eyes tearing and his lip quivering. "I just can't picture it."

Eyes tearing and lip quivering? Jack He laughing? He might as well added "laughing hysterically" to that.

[kimpossible]

merging with other thread

Articles always favor the Bakers and their imperialist little crusade. I think I'm going to be sick.

[SunWuKong]

holy shit that article is disgusting.

[rice cracker]

But life would be dramatically different for Anna in the Hes' one-bedroom apartment. Her younger brother and sister speak only Chinese. Toys and videos are strewn about on the floor. Avita, 1, and Andy, 3, jump on the mattress in the living room. The walls are covered with crayon drawings of something indecipherable. "I can't figure it out," says Jack, 39, about the scribble. "Maybe something in their minds."

Uh, maybe they are just drawings made by a 1 and 3 year old. I'm not too sure what they're trying to say here, unless they really are trying to imply the kids are insane or Jack is a bad parent for not deciphering it?

[SunWuKong]

Uh, maybe they are just drawings made by a 1 and 3 year old. I'm not too sure what they're trying to say here, unless they really are trying to imply the kids are insane.

they're trying to one-sidedly paint the Hes as evil and their living environment unsuitable for Anna.

But life would be dramatically different for Anna in the Hes' one-bedroom apartment. Her younger brother and sister speak only Chinese. Toys and videos are strewn about on the floor. Avita, 1, and Andy, 3, jump on the mattress in the living room. The walls are covered with crayon drawings of something indecipherable. "I can't figure it out," says Jack, 39, about the scribble. "Maybe something in their minds."


A costly battle

A few miles east, in the Baker home, it is often Anna who is putting things away.

"She is compulsive," says Louise Baker, 42. "If her clothes are out of order in her closet, she gets upset."

i still can't believe the ending of the article. it's pretty much saying that the Hes take joy in others pain.

i wrote a "Letter to the Editor" on their website.

[kimpossible]

I think Robert Davis of USA Today is clearly saying he thinks the Hes can't provide for their crayon-scrawling children in a one bedroom apartment with toys strewn about. The horror that they only speak 'Chinese'. Ignorant fuck.

Say, maybe I should sue the Bakers for custody of Anna Mae He. I mean, I'm hardly any less white than they are. I'm technically Christian. I have more money than they do and can give Anna a life of privilege both here in the states and in China within the comfort of a Chinese-American home and family.

Then I can turn around and give Anna back to her parents.

[SunWuKong]

I think Robert Davis of USA Today is clearly saying he thinks the Hes can't provide for their crayon-scrawling children in a one bedroom apartment with toys strewn about. The horror that they only speak 'Chinese'. Ignorant fuck.

Say, maybe I should sue the Bakers for custody of Anna Mae He. I mean, I'm hardly any less white than they are. I'm technically Christian. I have more money than they do and can give Anna a life of privilege both here in the states and in China within the comfort of a Chinese-American home and family.

Then I can turn around and give Anna back to her parents.


i do hope there's somebody in that court that's more sociologically intelligent than some of the writers that have been writing these articles. i mean, for all we know, the attorneys for the fuckheads have successfully convinced many people that Chinese is bad for Anna.

[moser]

April 12, 2004 - Childers hears final arguments and sets May 12 as the deadline for his decision.

Any word on what the decision is?

[rice cracker]

merging with other thread

Articles always favor the Bakers and their imperialist little crusade. I think I'm going to be sick.

I've found a more He-positive site http://www.annamaegohome.org/ which gives more insight into the custody battle and also asks for donations for the Hes.

I found this rather telling about the racial attitude in this case:

The guardian also said a book titled "The Lost Daughters of China" helped convince her that Anna Mae would face gender discrimination in China. The book details alleged historical and cultural prejudices against women in China and the issue of abandoned baby girls there. It is hard to understand how a book could be used in court without the author being present to explain and to defend his/her conclusion and what expertise this author may or may not have.

[kimpossible]

They lied to the Hes even after the biggest lie (that they would give the child back) had become apparent—they suggested that the child would be returned upon the birth of the Bakers own child, which didn’t happen. Mr. Baker made a backroom offer to Mr. He to buy the child, which didn’t happen.


Speechless.

[applehead]

oh right because the gender discrimination she'll be
facing in china while living with her biological parents
is so much worse than the gender and racial discrimination
she'll be facing in the US while living with white adoptive parents.

how fuckin selfish.

[>:^|]

oh right because the gender discrimination she'll be
facing in china while living with her biological parents
is so much worse than the gender and racial discrimination
she'll be facing in the US while living with white adoptive parents.

how fuckin selfish.


Yeah, it would be nice to see a quote like this:

The guardian also said a book titled "Race, Rights and the Asian American Experience" helped convince her that Anna Mae would face racial discrimination in the United States. The book details actual historical and cultural prejudices against people of Asian descent in the United States and the issue of a White-dominated society there.

Judge Childers is going to announce his decision at 4:30 this afternoon.

[>:^|]

http://www.commercialappeal.com/mca/local_news/article/0,1426,MCA_437_2880337,00.html

Bakers will keep Anna Mae
Childers' ruling terminates Hes' parental rights

A Cordova foster couple will keep a 5-year-old girl at the center of a bitter custody battle, a Circuit Court judge ruled Wednesday.

The written ruling terminating the parental rights of the child’s Chinese parents was handed down by Circuit Court Judge Robert ‘Butch’ Childers at 4:30 p.m. Wednesday.

[moser]

Shriek of death!

Article (http://www.godesoto.com/modules.php?op=modload&name=News&file=article&sid=4252 )

The court found that the Hes willfully abandoned and provided no support for their daughter, Anna Mae, from Jan. 29 to June 20, 2001. Childers also ruled that the Hes only sought custody to prevent their deportation.

‘‘The Court concludes, by clear and convincing evidence, that there is parental misconduct or inability to parent by the Hes,’’ the ruling said.

When the trial wrapped up last month, Childers said he would consider what was better for the child — leaving her with the Bakers in their middle-class, suburban home or reuniting her with the parents who plan to return to China.

This doesn't make sense how the judge ruled that the Hes only sought custody to prevent their deportation, while the parents were planning to return to China anyway.

I hope they plan to appeal.


----------------------------------
Also, how are the Bakers planning on providing a better financial situation for Anna Mae when they've spent all their money on this case?

[applehead]

oh man.

[kimpossible]

I hope they plan to appeal.

Yes, and if anyone gets word of an appeal please post it here.

[iris]

This is some bullshit and I really hope the Asian community steps up on this.

How can they "willfully" abandon her when all this time, they've been trying to get her back?

I'm sick to my stomach over the blatant racism & discrimination exhibited in our courts today.

[Banana]

Aye. That post about them only trying to get their child back to prevent being deported doesn't make sense if they wanted to go back to China anyway. Something smells fishy here.

What is also "funny" is that the court allowed the Bakers' lawyer to postpone original settlement date which is extreamly rare. The judge's response after the He's lawyer's objection? "Everyone make mistakes."

I would do some research into this judge's background.

[>:^|]

Here's a link to the court order: http://www.wreg.com/Global/story.asp?S=1863039&nav=3HvDN3Bd

If the Hes are unfit parents, is the state going to take their other two children? Or will they do so only if other parents want to steal them?

And anybody know what can be done? Can the PRC intervene?

Here's a link to the TN statute about termination of parental rights: http://www.state.tn.us/tccy/tnchild/36/36-1-113.htm

Here's a longer version of the article that moser posted above:
http://www.macon.com/mld/macon/news/nation/8651236.htm

The judge also cited China's "one-child-per-family" policy in his ruling, noting that families with more than one child in China were subject to financial penalties and the loss of government benefits.

[BigLew]

The article is obviously trying to paint the picture that Anna Mae's life is just so wonderful under her kidnapper's care. This pisses me off to the core.

[experiment888]

when i first read about this, i thought it was a simple case of kidnap that had a obvious result (Anna returning to her biological parents).

i would have thought all these racial/political stereotypes used as an argument would be thrown out of court...because they are basically ridiculous. maybe i should try to obtain custody by citing the problems in the US.

justice is not served...i hope they appeal and take it to a higher court

[rice cracker]

The judge's opinion http://www.wreg.com/Global/story.asp?S=1863039&nav=3HvDN4ah

[kimpossible]

This is some bullshit and I really hope the Asian community steps up on this.

How can they "willfully" abandon her when all this time, they've been trying to get her back?

I'm sick to my stomach over the blatant racism & discrimination exhibited in our courts today.

Not to mention imperialism. I know I have a lot of feelings about this but I'd like to turn those into action. What can we do other than write? I don't know if this means it's all over and the parents are to be deported or if they can stay and appeal. What's the next step if there even is a next step possible for them?

[Banana]

Must be because the court thinks that it was the He's fault they didn't speak English and didn't understand the form.

This is what I said to every single immigrant coming into this country. Know your rights and laws for your location. If you don't, the American people will eat you alive.

[AngryABCGirl]

I hope the Asian-American community can steop up and do something about this with as much passion as we have against the media, cause this is a real deal issue.

[raacluse]

I've been reading the judge's opinion (the link to it thoughtfully provided by >:^| and rc). Only got halfway through. Very complicated case, especially when you consider the other legal situations and calamities that the He's went through.

From the judges recounting of events, it seems that the He's are not completely innocent victims. At the very least (discounting some probable bias in the opinion), the He's did not help their own cause in some instances.

Could they win an appeal? Don't know.

In any event, I expect this case will be the subject of books, articles, and academic papers.

What I really want to know is how this will play out in Anna Mae's life. Guess I'll have to wait 20 or more years to find out.

[kimpossible]

This is quoted from the judge's opinion. That's a lot of interpretation on the judge's part based mainly on his esteem of her language ability. I can tell you first hand that there are times that I understand sentences and conversations in Mandarin perfectly, and others I understand partially, and others I don't have a clue. It's dependent on my vocabulary, how tired I am and if I understand idioms or slang. It is absolutely normal to have varying degrees of language ability given different situations. Has nothing to do with being sneaky or calculated.

Mrs. He is an impetuous person not subject to being intimidated or deterred in achieving whatever she sets as her goal. The evidence shows that she is calculating, almost theatrical, in her actions. The evidence further shows that she is dishonest and manipulative, and has a history of acting in an unstable manner when it serves her own self-interest. For example, during cross-examination, Mrs. He would begin sobbing when asked difficult questions. However, Mrs. He would immediately regain her composure when asked subsequent questions. It appears to the Court that Mrs. He’s courtroom hysterics were calculated by Mrs. He in an effort to avoid answering the difficult cross-examination questions.




_ Though Mrs. He speaks sufficient English to carry on her daily affairs in the United States, she is not as proficient as Mr. He in knowledge or use of the English language and, unlike Mr. He, sometimes needs assistance with translation in technical or extraordinary use of the English language. She has confidence in Mr. He, prefers Mr. He as her translator, has no desire to part company with Mr. He for any reason and intends to cooperate fully with Mr. He to remain together with him as a family and believes Mr. He has never failed to keep her fully and honestly informed about the legal matters involving AMH.

_ Although Mrs. He does not speak the English language fluently, she appears to speak and understand English better than she professes. For example, Mrs. He spoke English during some of the Hes’ visits with AMH at the Bakers’ home and when Mrs. He took the Hes’ other children for medical treatment. She also spoke English during the incident when she was holding a sign outside of the Bakers’ home, and the Bakers’ neighbor, Rebecca Smith, asked Mrs. He to move her car, and she spoke English during the December 2003, incident at the Wal-Mart store. During the trial, in response to a question from attorney Linda Holmes, Mrs. He responded to the question by speaking in English, before the interpreter had begun interpreting Ms. Holmes’ question to Mrs. He. Mrs. He said, “Mr. Parrish filed legal motion,” then she stopped speaking English and began responding to the question in Chinese.

[>:^|]

It is a very complicated case. Sounds like the Hes had several runs of misfortune.

However, the judge seems to take a lot of liberty with interpretation. There are the language issues, as kimpossible notes. I have a friend who received her Ph.D. in the states and yet we sometimes have communication problems based in part on cultural expectations. She has been here more than 20 years and works in an all-English-speaking environment. I don't doubt that despite Mr. He's apparent intelligence and fluency with the language, even he might have had difficulty truly understanding what was going on.

The portrayal of Mrs. He as "hysterical" especially struck me. If your daughter were taken, would you be hysterical? Might you break down on the witness stand?

The judge also discounts the (Chinese, I assume) psychologist's assessment of Mr. He, saying that it was based on Mr. He's word. Um ... that's generally how psychologists assess clients.

Some of the negative information contained in the opinion seems to have come from a single source: the Bakers. An example would be the living conditions of the Hes. That is based on Jerry Baker's testimony. I would assume that if a court official had observed filthy living quarters, that might have been noted in the record.

And there's no mention of how the Bakers and their attorney attempted to get the INS to deport the Hes, and how they interfered with the Hes' jobs by calling their employers.

I was interested in the judge's assertion that Mr. He said that Chinese girls have a 50 percent mortality rate. Also, the judge cites the one-child policy as a reason to keep AMH here. Aren't overseas Chinese exempt?

The Hes' attorney has said they will file an appeal. Generally appeals in adoption/custody cases are limited because of the concern for the welfare of the children. So if they lose the appeal, the chances are not good.

So yellowworlders, what can we do?

[Banana]

I read that transcript like a news article and I detected a huge bias since the start. You can see it already in the description of each of the parents.

[SunWuKong]

i hate this country and i wish Anna has the utmost hate for the Bakers when she grows up.

[AngryABCGirl]

i hate this country and i wish Anna has the utmost hate for the Bakers when she grows up.

I completely agree with you, and she will.

[hooligan]

let's find a way to send her asian american literature! : D (hopefully radical lit! glenn omatsu anyone?)

[BigLew]

So yellowworlders, what can we do?Give me the Baker's address, I'll take care of this shit. :mad: :mad: :mad: :mad: :mad:

i hate this country and i wish Anna has the utmost hate for the Bakers when she grows up.I hate to say this but at this very moment and everytime I think of this bullshit I agree.

[Kuchana]

Give me the Baker's address, I'll take care of this shit. :mad: :mad: :mad: :mad: :mad:

Now now. Temper temper. :smile: But hopefully this situation will be set right.

[SunWuKong]

i've emailed the Ministry of Foreign Affairs in China to ask them to do something. originally i tried to email the Chinese embassy here in the US, but it seems their mailbox is currently full at the time of this posting. i also emailed www.atimes.com to ask them to do a story about this.

http://www.china-embassy.org/eng/

http://www.fmprc.gov.cn/eng/default.htm

although i'm sure their hands might be tied because for them to do anything would mean a lot of politics.

[amietron]

originally i tried to email the Chinese embassy here in the US, but it seems their mailbox is currently full at the time of this posting.
Chinese Embassy
2300 Connecticut Ave. N.W.
Washington, DC, 20008

[SunWuKong]

according to www.annamaegohome.org, The Committee of 100 (http://www.committee100.org/) is already providing assistance to the Hes. i wonder how else its members can help, since they're all influential people.

[kuilong]

Gahh, this is really pissing me off.

They have a donation link, on their website -- unfortunately, Paypal's down right now.

I hear the Chinese Embassy sent an officer to Memphis or something. Are any major news sources carrying this story?

[amietron]

Another way you might help:

If you can help financially, please send a check to:
Anna Mae Foundation
P. O. Box 382656
Germantown, TN 38183-2656.

Alternatively, there's a paypal link on the site, also. http://www.annamaegohome.org/

edit: oops. sorry, i didn't see his post.

[BigLew]

Does anyone think an online petition would help or an email campaign to local Memphis AA organizations to organize protests and such? I'm not above donating money but some how I feel getting the word out so lots off people get pissed and voice thier opinion would be a help. Maybe aimed at Tenn. state offices?

[>:^|]

- Write the Department of State:

Assistant Secretary James A. Kelly
Bureau of East Asian and Pacific Affairs
U.S. Department of State
2201 C Street NW
Washington, DC 20520

- Send a message to the Secretary of State:

http://contact-us.state.gov/ask_form_cat/ask_form_secretary.html

- Write the Tennessee governor (do we have any TN residents?):

Tennessee Governor Phil Bredesen
Tennessee State Capitol
Nashville, TN 37243-0001

Phil.Bredesen@state.tn.us

- Make a complaint against the judge, Robert L. Childers:

http://www.tsc.state.tn.us/geninfo/COJ/COJBroch.htm

Interestingly, although judicial misconduct includes "Displaying obvious bias toward a party," it specifically does not include "Rulings involving alimony, child support, custody or visitation rights." ?

- Write the judge:

Hon. Robert L. Childers
Circuit Court, Division IX
140 Adams Ave., Room 212
Memphis, TN 38103 Tel: 901-545-4022
Fax: 901-545-5659

Email: child-r@co.shelby.tn.us

full text at http://www.commercialappeal.com/mca/local_news/article/0,1426,MCA_437_2884492,00.html

Thursday, officials with the Chinese Embassy in Washington expressed disappointment and regret.

"We will see if we can provide any help to protect their civil rights," said Qian Zhou, third secretary and vice counsel of the embassy.

[kimpossible]

i've emailed the Ministry of Foreign Affairs in China to ask them to do something. originally i tried to email the Chinese embassy here in the US, but it seems their mailbox is currently full at the time of this posting.

http://www.china-embassy.org/eng/

http://www.fmprc.gov.cn/eng/default.htm

although i'm sure their hands might be tied because for them to do anything would mean a lot of politics.

I believe the largest obstacle for any Chinese official is that He Mei/Anna is a born United States citizen. The difference in citizenship between her and her parents seems to have been used as a tool to wrest her from her family.

[BigLew]

I'm want to try to use email links provided by face and others to start a citezenpeak.org (http://www.citizenspeak.org/index.html) campaign. This is what I came up with for the email that will be sent to those parties. Please give me feedback and corrections of anything like grammar and especially facts. I haven't slept in over 24 hrs so I'm not that confident about it yet.

Adoption is for children who do not have a home. It is for children who do not have willing and able biological parents to care for and raise them. When a child's custody is given to another family while the child's biological parents are indeed willing and able then it ceases to be adoption. The word that best describes this situation is kidnapping.

May 12, 2004 a decsion was made at the 13th District Memphis Court. In the decision handed down, Jack and Casey He lost parental rights of thier biological daughter Anna Mae to Jerry and Louise Baker.

The lawyer for the Bakers suggests Anna Mae's quality of life will suffer with her biological parents in the country of her people. With this supremist logic in mind, are we to assume that all Chinese children are better off growing up in white American homes? It would seem presiding judge Robert L. Childers thinks so.

Childers states "Mrs. He is an impetuous person not subject to being intimidated or deterred in achieving whatever she sets as her goal." It might not have dawned on judge Childers that Mrs. He's goal is to recover her stolen child. What mother would be deterred in a goal such as this? Further written statements of judge Childers observations point out Mrs. He's supposed hysterical behavior obviously seen in the judges eyes with a negative bent. What mother would not be hysterical is a situation that threatens to take away her child? The judge goes further to assume this behavior is just manipulation on Mrs. He's part to put on a good show. The belief in the long standing stereotype that Asians are sneaky, is apparent here in the assumptions the judge makes of Mrs. He's reactions.

It also seems apparent that a large part of the judges weighing would rely on defining Mrs. He's handle of the english language. Again another assuption is made based on another long standing negative social stereotype that Asians speak and understand more english then they let on, when judge Childers assumes that Mrs. He speaks and understands more english than she is feigning to. It is very disturbing that racial stereotypes were used to consider the outcome of Anna Mae's fate.

With what the judge held against the He's, there is no mention in judge Childers written statement in consideration the Bakers' underhanded attempt to have the INS deport the Hes. The fact that the Bakers interfered with the Hes' workplaces by calling their employers was not taken into account either. We see this, Yet who does the judge Childers label as manipulative?

Part of this message is to complain about Robert L. Childers judicial misconduct. It is obvious that the judge showed extreme bias towards the Bakers. It is also quite appalling and disturbing that racial stereotypes were used by a judge of the United States judicial system to consider the outcome of Anna Mae's fate. Common sense shows that their loss of parental rights should never even have been considered.

The most important part of this message is to implore the powers that be to bring justice to He's. Bring justice to Anna Mae and reunite her with her real family. The longer 5 year old Anna Mae He is kept from her rightful parents, the more she will undeservedly suffer.

[rice cracker]

Good letter, biglew.


Should we move this topic now to "Get Involved?"

[BigLew]

After I make the changes on my citizen speak account. I'll give a link and instructions in the get involved forum.

It's just easier to convince people to get invovlved when there is a prewritten letter and all they have to do is sign it and it gets sent to 10 different places automatically.

[mr. x]

anyone got a petitiononline.com goin?

[SunWuKong]

from www.isthisamerica.com

The Bakers asked to reschedule the hearing citing a conflict in their lawyer's schedule. Judge Horne rescheduled for June 22, 2001 when he would presumably return Anna Mae to her parents. On June 20th, the Bakers' lawyer surreptitiously filed a motion that moved the trial out of Judge Horne's hands into the hands of Judge DJ Alissandratos who stretched the case out for years and then recused himself after 2 bias claims were filed against him. Think this sounds fishy? Get ready to question our legal system...

[>:^|]

The belief in the long standing stereotype that Asians are sneaky, is apparent here in the assumptions the judge makes of Mrs. He's reactions.

Thanks for the letter, BigLew.

I really felt like Judge Childers portrayed both of the Hes as manipulative, cunning and sneaky. It did seem to play into racial stereotypes.

Another thing I noted was that he kept emphasizing that the Hes were working illegally and yet he chastized them for not paying child support. They were never ordered to pay child support. However, if they were not working they definitely could not pay child support. And what's the deal with the illegal status? Illegal aliens have no rights to their children?

Additionally, he notes that while they attempted to give the Bakers some money (which was never a part of any agreement or court order), that this could not be counted as support because doing so would constitute an attempt to "repent" for previous non-action.

Finally, I'd like to note that if the Hes are such unfit parents, perhaps their other two children should be removed from their unfit home as well. Except I'm afraid that somebody might kidnap them, too. The department of child services in Tennessee told a reporter that it has no plans to remove the other two children.

[BigLew]

Some one with IM wanna help me proof?

Another addition in light of SWK's last.

Face I'm not ignoring your error checks I just haven't got around to fixing them yet.

The most important part of this message is to implore the powers that
be to bring justice to Hes. Bring justice to Anna Mae and reunite her
with her real family. This situation has already gone on too long with the underhanded manipulations of the Bakers who know they face opponents with language barriers and who are poor foreigners who do not have the knowledge nor financial recourses to use protect themselves under the system. Unfortunately the Bakers do have the knowledge and financial power to hire lawyers that do know how to manipulate the system for their own selfish wants. In the past they had judge Horne rescheduled a hearing on their behalf pushing the date to June 22, 2001 when the judge would presumably return Anna Mae to her parents. June 20th, the Bakers' lawyer filed a motion out to move the trial out of Judge Horne's hands into the hands of judge DJ Alissandratos. In turn this new judge stretched the case out for years only recused himself after 2 bias claims were filed against him. Anyone can see the injustice in this manipulation of the system. Meanwhile young impressionable Anna Mae grows further and further from her real mother and father who are forbidden to see her. The longer 5 year old Anna Mae He is kept from her rightful parents, the more she will undeservedly suffer.

Again I am going to use this letter with citezenspeak.org where people can just click on a link and sign this letter and add personal comments and send it to the decided email addresses.

Mr. X I think on online petition would be a good idea as well.

Thanks for the letter, BigLew.

I really felt like Judge Childers portrayed both of the Hes as manipulative, cunning and sneaky. It did seem to play into racial stereotypes.

Another thing I noted was that he kept emphasizing that the Hes were working illegally and yet he chastized them for not paying child support. They were never ordered to pay child support. However, if they were not working they definitely could not pay child support. And what's the deal with the illegal status? Illegal aliens have no rights to their children?

Additionally, he notes that while they attempted to give the Bakers some money (which was never a part of any agreement or court order), that this could not be counted as support because doing so would constitute an attempt to "repent" for previous non-action.

Finally, I'd like to note that if the Hes are such unfit parents, perhaps their other two children should be removed from their unfit home as well. Except I'm afraid that somebody might kidnap them, too. The department of child services in Tennessee told a reporter that it has no plans to remove the other two children.Hey in the midst of your editing help show me where to stick that in the original and I'll do it, those are very good points I wouldn't want to leave out.

[>:^|]

Hey, I didn't feel ignored. :tongue:
Sent you a PM. I have to go out but I'll be back in a few hours.

Where's kittygirl? She loves to red-ink people. :wink:

[SunWuKong]

i just find it incredibly disgusting that the Hes had to stay away or face arrest, and they say that this was abandonment on the Hes part. fucking sick.

[BigLew]

Ok here is a new draft incase anyone wants to add points or help edit? So far all editing and last 3 paragraphs thanks to >:^l

Anyone else?

Adoption is for children who do not have a home. It is for children who do not have willing and able biological parents to care for and raise them. When a child's custody is given to another family while the child's biological parents are indeed willing and able then it ceases to be adoption. The word that best describes this situation is kidnapping.

May 12, 2004 a decision was made at the 13th District Memphis Court. In the decision handed down, Jack and Casey He lost parental rights of their biological daughter Anna Mae to Jerry and Louise Baker.

The lawyer for the Bakers suggests Anna Mae's quality of life will suffer with her biological parents in the country of her people. With this supremacist logic in mind, are we to assume that all Chinese children are better off growing up in white American homes? It would seem presiding Judge Robert L. Childers thinks so.

Childers states "Mrs. He is an impetuous person not subject to being intimidated or deterred in achieving whatever she sets as her goal." It might not have dawned on Judge Childers that Mrs. He's goal is to recover her stolen child. What mother would be deterred in a goal such as this? Logic should also show that this observation of Mrs. He’s undeterred disposition should be proof against prior allegations of abandonment, yet Judge Childers’ bias chose to cast it in a negative light and use it against the Hes.

Judge Childers' observations of Mrs. He's allegedly hysterical behavior serve to evidence his negative bias even more. What mother would not be hysterical in a situation that threatens to take away her child? The Judge further assumes this behavior is just manipulation on Mrs. He's part to put on a good show. The belief in the long standing stereotype that Asians are sneaky is apparent here in the assumptions the Judge makes of Mrs. He's reactions.

It also seems apparent that a large part of the Judge's consideration relies on defining Mrs. He's English-language ability. Again another assumption is made based on another long standing negative social stereotype that Asians speak and understand more English then they let on, when Judge Childers assumes that Mrs. He speaks and understands English proficiently but is feigning ignorance. It is very disturbing that racial stereotypes were used to consider the outcome of Anna Mae's fate.

With what the Judge held against the Hes, there is no mention in Judge Childers written statement in consideration the Bakers' underhanded attempt to have the INS deport the Hes. The fact that the Bakers interfered with the Hes' workplaces by calling their employers was not taken into account either. We see this, yet who does the Judge Childers label as manipulative?

Part of this message is to complain about Robert L. Childers’ judicial misconduct. It is obvious that the Judge showed extreme bias towards the Bakers. It is also quite appalling and disturbing that racial stereotypes were used by a Judge of the United States judicial system to consider the outcome of Anna Mae's fate. Common sense shows that their loss of parental rights should never even have been considered.

The most important part of this message is to implore the powers that be to bring justice to the Hes. Bring justice to Anna Mae and reunite her with her real family. This situation has already been dragged out by the Bakers' underhanded manipulations. The Bakers used every advantage against the Hes, who faced language barriers and economic difficulties. The Bakers, on the other hand, used the system, their influence and money to further their selfish desires.

Prior to arriving in Judge Childers' courtroom, the Bakers faced what they knew to be a judgment against them in Juvenile Court under Judge Horne. Under false pretenses, they requested that the hearing be rescheduled. On June 20, 2001, two days prior to Judge Horne's ruling, the Bakers' lawyer filed a motion to move this case to the court of a sympathetic Judge, D.J. Alissandratos. Judge Alissandratos consistently ruled in the Bakers' favor until finally two bias complaints were filed against him and he was forced to recuse himself.

As a result, nearly three years passed. The injustice in this manipulation of the system is obvious. It forced Anna Mae to remain in the Bakers' home and now the Bakers have laid claim to her based on the fact that she is the only parents they have known. Meanwhile, young Anna Mae grows further from her real mother and father who have been forbidden to see her. The longer five-year-old Anna Mae He is kept from her rightful parents, the more she will undeservedly suffer.

[SunWuKong]

i just called the Chinese embassy and the person that answered the phone didn't know about this case. he transferred me to another number, but i got voicemail.

[BigLew]

Sorry don't mean to whore but I added another paragraph with points brought up by >:^l in further evidence of the Judge's bias.

Adoption is for children who do not have a home. It is for children who do not have willing and able biological parents to care for and raise them. When a child's custody is given to another family while the child's biological parents are indeed willing and able then it ceases to be adoption. The word that best describes this situation is kidnapping.

May 12, 2004 a decision was made at the 13th District Memphis Court. In the decision handed down, Jack and Casey He lost parental rights of their biological daughter Anna Mae to Jerry and Louise Baker.

The lawyer for the Bakers suggests Anna Mae's quality of life will suffer with her biological parents in the country of her people. With this supremacist logic in mind, are we to assume that all Chinese children are better off growing up in white American homes? It would seem presiding Judge Robert L. Childers thinks so.

Childers states "Mrs. He is an impetuous person not subject to being intimidated or deterred in achieving whatever she sets as her goal." It might not have dawned on Judge Childers that Mrs. He's goal is to recover her stolen child. What mother would be deterred in a goal such as this? Logic should also show that this observation of Mrs. He’s undeterred disposition should be proof against prior allegations of abandonment, yet Judge Childers’ bias chose to cast it in a negative light and use it against the Hes.

Judge Childers' observations of Mrs. He's allegedly hysterical behavior serve to evidence his negative bias even more. What mother would not be hysterical in a situation that threatens to take away her child? The Judge further assumes this behavior is just manipulation on Mrs. He's part to put on a good show. The belief in the long standing stereotype that Asians are sneaky is apparent here in the assumptions the Judge makes of Mrs. He's reactions.

It also seems apparent that a large part of the Judge's consideration relies on defining Mrs. He's English-language ability. Again another assumption is made based on another long standing negative social stereotype that Asians speak and understand more English then they let on, when Judge Childers assumes that Mrs. He speaks and understands English proficiently but is feigning ignorance. It is very disturbing that racial stereotypes were used to consider the outcome of Anna Mae's fate.

With what the Judge held against the Hes, there is no mention in Judge Childers written statement in consideration the Bakers' underhanded attempt to have the INS deport the Hes. The fact that the Bakers interfered with the Hes' workplaces by calling their employers was not taken into account either. We see this, yet who does the Judge Childers label as manipulative?

Judge Childers duly annotates the Hes’ illegal work status, yet he chastises them for not paying child support. They were never ordered to pay child support. However, if they were not working they definitely could not pay child support. Additionally, Judge Childers notes that while they attempted to give the Bakers some money, this could not be counted as support because doing so would constitute an attempt to "repent" for previous non-action. So are we to assume that illegal aliens have no rights to their own children? Judge Childers seems to think so.

Part of this message is to complain about Robert L. Childers’ judicial misconduct. It is obvious that the Judge showed extreme bias towards the Bakers. It is also quite appalling and disturbing that racial stereotypes were used by a Judge of the United States judicial system to consider the outcome of Anna Mae's fate. Common sense shows that their loss of parental rights should never even have been considered.

The most important part of this message is to implore the powers that be to bring justice to the Hes. Bring justice to Anna Mae and reunite her with her real family. This situation has already been dragged out by the Bakers' underhanded manipulations. The Bakers used every advantage against the Hes, who faced language barriers and economic difficulties. The Bakers, on the other hand, used the system, their influence and money to further their selfish desires.

Prior to arriving in Judge Childers' courtroom, the Bakers faced what they knew to be a judgment against them in Juvenile Court under Judge Horne. Under false pretenses, they requested that the hearing be rescheduled. On June 20, 2001, two days prior to Judge Horne's ruling, the Bakers' lawyer filed a motion to move this case to the court of a sympathetic Judge, D.J. Alissandratos. Judge Alissandratos consistently ruled in the Bakers' favor until finally two bias complaints were filed against him and he was forced to recuse himself.

As a result, nearly three years passed. The injustice in this manipulation of the system is obvious. It forced Anna Mae to remain in the Bakers' home and now the Bakers have laid claim to her based on the fact that she is the only parents they have known. Meanwhile, young Anna Mae grows further from her real mother and father who have been forbidden to see her. The longer five-year-old Anna Mae He is kept from her rightful parents, the more she will undeservedly suffer.

If no one has got anything else except for grammar and spelling corrections I think this will be the final version I will try to post a link to sign it by the end of the day.

i just called the Chinese embassy and the person that answered the phone didn't know about this case. he transferred me to another number, but i got voicemail.I want to make a realy big deal about this so everyone knows, unfortunately it's not as easy to explain as a pictoral article in Details magazine.

[SunWuKong]

Adoption is for children who do not have a home. It is for children who do not have willing and able biological parents to care for and raise them. When a child's custody is given to another family while the child's biological parents are indeed willing and able then it ceases to be adoption. The word that best describes this situation is kidnapping.

May 12, 2004 a decision was made at the 13th District Memphis Court. In the decision handed down, Jack and Casey He lost parental rights of their biological daughter Anna Mae to Jerry and Louise Baker.

i would leave out the "biological" part and just say "parents" instead. the Hes should just be referred to as Anna Mae's parents.

Judge Childers' observations of Mrs. He's allegedly hysterical behavior serve to evidence his negative bias even more. What mother would not be hysterical in a situation that threatens to take away her child? The Judge further assumes this behavior is just manipulation on Mrs. He's part to put on a good show. The belief in the long standing stereotype that Asians are sneaky is apparent here in the assumptions the Judge makes of Mrs. He's reactions.

It also seems apparent that a large part of the Judge's consideration relies on defining Mrs. He's English-language ability. Again another assumption is made based on another long standing negative social stereotype that Asians speak and understand more English then they let on, when Judge Childers assumes that Mrs. He speaks and understands English proficiently but is feigning ignorance. It is very disturbing that racial stereotypes were used to consider the outcome of Anna Mae's fate.

i would leave out the mention of stereotypes and just state the bias against the Hes. if we are trying to gain support from non-Asians, and specifically whites, they may not understand that these are stereotypes and they may even disagree.

[BigLew]

Thanks for the feedback SWK, anyone else?

[SunWuKong]

this site shows the relationship between the Bakers' attorney and Judge Alissandratos which delayed the case for a couple of years and ordered the Hes to have no contact with Anna Mae. apparently they have worked together before in an unethical and illegal manner.

http://www.christianparentalrights.org/hestory.htm#parrish

Conflict of interest?
As Christians, we can always cheer when strip joints are closed down....but, do two wrongs make a right? Do the ends justify the means?

In 1995, Private attorney Larry Parrish and Chancellor Alissandratos worked very closely together to shut down Memphis' strip clubs.

"Plaintiffs allege that as early as December of 1995, Larry Parrish, a private attorney practicing law in Tennessee, and John Pierotti, who at the time was the District Attorney General for the Thirtieth Judicial District of Tennessee, agreed to investigate certain nightclubs in the Memphis area. District Attorney General Pierotti subsequently directed Amy Weirich and Jennifer Nichols, two of his assistant district attorneys, to work on the case. On July 7, 1996, Larry Parrish and the three prosecutors from the district attorney general's office met with D.J. Alissandratos, Chancellor for the Thirtieth Judicial District of Tennessee. This was the first of several meetings in which Chancellor Alissandratos allegedly gave Parrish and the three prosecutors " ex parte legal advice as to how the pleadings and/or supporting documentation in such lawsuits [involving the nightclubs] should be drafted so as to ensure issuance of ex parte orders to close the Plaintiffs' nightclubs or showbars." Joint Appendix ("J.A.") at 495 (Cooper Am. Compl. ¶ 30)."

File Name: 00a0047p.06 UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

Judge Alissandratos got out of the lawsuit on a technicality---qualified immunity. In other words, he was guilty, but because he was guilty from the bench, he is immune from civil action. Parrish, was not so lucky, because he was a private attorney working on an unofficial basis.....So Parrish goes down while the judge did not. What does this have to do with the He case? Could one reasonably speculate that Judge Alissandratos felt he owed Parrish for taking the fall?

I mention this to simply show that Parrish and Alissandratos go back a ways in conspiring against citizens together. They took down strip clubs together, albeit a good thing to do..but they did it in an unethical and illegal fashion. Were Childers, and Parrish and the Bakers really qualified to comment on the He's character when it came to the He's filling out loan applications and visa applications?

Does not one wonder how the Bakers and Parrish obtained the He's loan applications in the first place??? I should note that it is only because of the complaint filed against Judge Alissandratos for his bias that he removed himself from the case. But the damage had already been done: his court order against Jack He essentially prevented the Hes from having necessary contact with their daughter in order to maintain parental rights under state law.

An honest man would interpret the law in the spirit of the law and conclude that it was intended to TPR parents who VOLUNTARILY kept their distance.

this sickens me the more and more i find out about it.

--------------------------------------------------------------------------------------------------------

http://www.commercialappeal.com/mca/local_news/article/0,1426,MCA_437_2884813,00.html
login: ywreader@hotmail.com
password: ywreader

Just cause for quick appeal by Hes seen
By Shirley Downing
Contact
May 14, 2004

An expedited appeal of a ruling that terminates parental rights of a Chinese couple to their first-born daughter could be concluded by year's end, a state courts official said Thursday.

And a local expert in family law said the ruling appears ripe for appeal.

On Wednesday, Circuit Court Judge Robert Childers ruled that 5-year-old Anna Mae He will remain with foster parents Jerry and Louise Baker of Cordova.

The child's natural parents, Shao qiang 'Jack' and Qin Luo 'Casey' He, have 30 days to file an appeal, said Sue Allison, spokesman for the state Supreme Court.

Baker attorney Larry Parrish said it would be a "real blessing" if the Hes do not appeal.

Allison said Childers would have no further comment beyond his 72-page ruling.

But Chris Zawisza, director of the Child Advocacy Clinic at the University of Memphis Law School, expressed shock at both the decision and its hostile tone toward the Hes.

The judge wrote that Jack He "has repeatedly engaged in a pattern of conduct marked by deceitfulness and dishonesty" and described Casey He's actions as "calculating, almost theatrical."

"I see a myriad of issues for appeal," Zawisza said. The ruling appears strongly based on the credibility of witnesses and "didn't seem to be a decision based with specific reference" to legal analysis.

"The issue in a termination case is whether there is clear and convincing evidence the parents either abused, neglected or abandoned the child, and that is it. It is irrelevant what potential adoptive parents look like."

The Hes have waged a four-year battle for the return of the daughter they voluntarily gave to the Bakers in February 1999. The couple, who are in this country illegally, said they made the decision when they were stressed by finances and legal problems. The Hes say the arrangement was temporary; the Bakers disagree.

The judge's ruling ignored virtually all of the Hes' versions of events, said David Siegel, who represents Jack He.

For instance, Childers concluded that Casey He pushed the custody case only when deportation seemed imminent. Siegel said there was no court proof to support that conclusion, but that the Hes were eager to regain their daughter so they could return to China.

Childers ruled the Hes were unfit parents because they had abandoned Anna Mae. On Thursday, state officials said it is unlikely the Hes' two younger children are at risk for removal. "The Department of Children's Services is not expected to get involved in this case," said Margie Maddux, a DCS spokesman.

--------------------------------------------------------------------------------------------------------------------

http://www.ocanatl.org/bin/htmlos/02269.2.1385574510900014553/1000150

OCA DEEPLY UPSET AT THE LACK OF SENSITIVITY TO THE CHINESE COMMUNITY AND POSSIBILITY OF RACIST STEREOTYPING IN MEMPHIS CHILD CUSTODY CASE

Date: : 05/14/2004

Contact(s)
Janelle Hu

202-223-5500
oca@ocanatl.org

Washington, DC - The Organization of Chinese Americans (OCA), a national Asian Pacific American (APA) civil rights advocacy and educational organization with over 80 chapters and affiliates nationwide, is deeply troubled at the lack of sensitivity heeded to the Chinese immigrant community in the recent child custody case involving the He family.Due to economic and legal hardship, Mr. and Mrs. He were forced in 1998 to place their daughter, Anna Mae He, in foster services, believing they were only relinquishing temporary custody of Anna Mae until they regained their financial and legal bearings. Over the next two years, the Hes regularly vigilantly visited Anna Mae and diligently worked at local Chinese restaurants to get back on their feet.

However, after protracted custody battles and a court order preventing the Hes from seeing Anna Mae, the Hes were accused of legally abandoning their daughter, giving Anna's foster family grounds for terminating the Hes' parental rights.

The Hes have been embroiled in this complicated legal battle to regain custody of Anna Mae for over four years. Now parents to two additional children, the Hes have never been charged with abuse or neglect and their continued fight to regain custody of Anna Mae evidences they have not willfully abandoned their eldest daughter.

Nevertheless, a Tennessee judge stripped Mr. and Mrs. Hes' parental rights over Anna Mae, thus prolonging this excruciating custody battle, which has taken center stage in the Memphis community.

"OCA is alarmed about the possible racial bias, cultural insensitivity and lack of impartiality in this case. We are also deeply concerned that the initial degree of interpretation services provided the Hes were inadequate," stated OCA National President, Raymond Wong. "Furthermore, OCA is upset that the court may have disregarded the Constitutional presumption of reunification with biological parents based on inappropriate stereotyping of the Chinese culture."

"The APIA community is closely monitoring these proceedings and formulating teams of legal and community supporters to determine if injustice actually transpired, and if so, what the next steps will be," stated Christine Chen, OCA Executive Director. "The Chinese American community in Memphis have been following the case closely, and are seriously concerned about the fairness of these proceedings. Ultimately, OCA hopes Anna Mae's best interests are being considered as the Hes and Bakers enter the next phase of the appeal process."

[BigLew]

Hopefully good for print.

Adoption is for children who do not have a home. It is for children who do not have willing and able biological parents to care for and raise them. When a child's custody is given to another family while the child's biological parents are indeed willing and able then it ceases to be adoption. The word that best describes this situation is kidnapping.

On May 12, 2004 a decision was made in the Chancery Court of Tennessee for the Thirtieth Judicial District at Memphis. In the decision, Jack and Casey He lost parental rights of their biological daughter Anna Mae to Jerry and Louise Baker.

The lawyer for the Bakers suggests Anna Mae's quality of life will suffer with her biological parents in the country of her people. With this supremacist logic in mind, are we to assume that all Chinese children, or all poor children, are better off growing up in wealthy American homes? It would seem presiding Judge Robert L. Childers thinks so.

Childers states "Mrs. He is an impetuous person not subject to being intimidated or deterred in achieving whatever she sets as her goal." It might not have dawned on Judge Childers that Mrs. He's goal is to recover her stolen child. What mother would be deterred in a goal such as this? Mrs. He’s determination seems to clearly suggest that she wanted her child and never intended to abandon her, yet Judge Childers chose to cast it in a negative light.

Judge Childers' observations of Mrs. He's allegedly hysterical behavior serve to evidence his negative bias even more. What mother would not be hysterical in a situation that threatens to take away her child? Does this not show how distraught she was at the prospect of losing her daughter forever? Instead the Judge further assumes this behavior is just manipulation on Mrs. He's part to put on a good show.

It also seems apparent that a large part of the judge's consideration relies on his assessment of Mrs. He's English-language ability. Judge Childers' interpretation seems to suggest that Mrs. He speaks and understands English proficiently but is feigning ignorance. However, very real cultural and language barriers undoubtedly played a part in miscommunication between the parties.

With what the Judge held against the Hes, there is no mention in Judge Childers’ written statement in consideration the Bakers' underhanded attempt to have the INS deport the Hes. The fact that the Bakers interfered with the Hes' workplaces by calling their employers was not taken into account either. We see this, yet who does the Judge Childers label as manipulative?

While Judge Childers takes pains to note the Hes' status as illegal aliens working outside of the law, he simultaneously chastises them for not paying child support. In this regard, the Hes are trapped in a Catch-22. They need an income, but working allows them to be portrayed as lawbreakers. Additionally, the Hes attempted several times to provide child support. Not only was child support not mandated by the court, but their monetary offerings were refused by the Bakers. Additionally, Judge Childers notes that while they attempted to give the Bakers some money, this could not be counted as support because doing so would constitute an attempt to "repent" for previous non-action. In any event, their illegal status should not serve to strip them of their parental rights.

Part of this message is to complain about Robert L. Childers’ judicial misconduct. It is obvious that the Judge showed extreme bias towards the Bakers. It is also quite appalling and disturbing that racial stereotypes were used by a Judge of the United States judicial system to consider the outcome of Anna Mae's fate. Common sense shows that their loss of parental rights should never even have been considered.

The most important part of this message is to implore the powers that be to bring justice to the Hes. Bring justice to Anna Mae and reunite her with her real family. This situation has already been dragged out by the Bakers' underhanded manipulations. The Bakers used every advantage against the Hes, who faced language barriers and economic difficulties. The Bakers, on the other hand, used the system, their influence and money to further their selfish desires.

Prior to arriving in Judge Childers' courtroom, the Bakers faced what they knew to be a judgment against them in Juvenile Court under Judge Horne. Under false pretenses, they requested that the hearing be rescheduled. On June 20, 2001, two days prior to Judge Horne's ruling, the Bakers' lawyer filed a motion to move this case to the court of a sympathetic Judge, D.J. Alissandratos. Judge Alissandratos consistently ruled in the Bakers' favor until finally two bias complaints were filed against him and he was forced to recuse himself.

As a result, nearly three years passed. The injustice in this manipulation of the system is obvious. It forced Anna Mae to remain in the Bakers' home and now the Bakers have laid claim to her based on the fact that they are the only parents she has known. Meanwhile, young Anna Mae grows further from her real mother and father who have been forbidden to see her. The longer five-year-old Anna Mae He is kept from her rightful parents, the more she will undeservedly suffer.

Some more changes from face and the stereotype stuff taken out from SWK's suggestion. Anything else?

[>:^|]

We are also deeply concerned that the initial degree of interpretation services provided the Hes were inadequate," stated OCA National President, Raymond Wong. "Furthermore, OCA is upset that the court may have disregarded the Constitutional presumption of reunification with biological parents based on inappropriate stereotyping of the Chinese culture."

Interesting that the translator most often referred to is "Kenny Yao." He isn't listed on the TN judicial site as being either a certified or registered translator in Mandarin/English. Also, I'm wondering if this is the "Kenny Yau" from one of the Chinese Christian churches in TN who had been previously mentioned as having translated for the Hes. Legal translation is especially difficult; I believe very few people can do it properly.

And what's the deal with the one-child policy? I thought overseas Chinese were exempt? And what about the twice-mentioned claim that girls have a 50 percent mortality rate in China?

Great letter, BigLew.

Hey folks--write your own letters too, please.

[SunWuKong]

And what's the deal with the one-child policy? I thought overseas Chinese were exempt? And what about the twice-mentioned claim that girls have a 50 percent mortality rate in China?

Great letter, BigLew.

Hey folks--write your own letters too, please.

the He children are exempt from the one-child policy, because they are American citizens and would be protected by the American Consulate in China.

and i have never heard of the 50 percent mortality rate. i would love to see the sources that produced that number.

[>:^|]

full text at http://www.wmcstations.com/Global/story.asp?S=1868644

The Court made its decision in this case based on the law and the evidence presented in the case, without bias, prejudice or sympathy."

[moser]

I found this rather telling about the racial attitude in this case:

The guardian also said a book titled "The Lost Daughters of China" helped convince her that Anna Mae would face gender discrimination in China. The book details alleged historical and cultural prejudices against women in China and the issue of abandoned baby girls there. It is hard to understand how a book could be used in court without the author being present to explain and to defend his/her conclusion and what expertise this author may or may not have.



Hmm, someone should send the judge a copy of "Yellow" or "Strangers From A Different Shore."

[raacluse]

I came across this interesting debate on a humongous blog by a woman who lives in Tennessee (at the other end of the state from Memphis). Some of the folks responding are friends of the Bakers.

http://www.lissakay.com/archives/couple_faces_deportation_without_their_child.php

[BigLew]

Need more contact email address only ones I have so far are the governor of tennessee and the judge childers.

[BigLew]

What parts of the government would handle stuff like this?

[SunWuKong]

i don't know if the federal government would really take any action unless it was pressured by the Chinese embassy.

[BigLew]

So is there a contact email for the chinese embassy?

[SunWuKong]

So is there a contact email for the chinese embassy?

chinaembassy_us@fmprc.gov.cn

but i already tried emailing them a couple of days ago. it seems their mailbox was full.

[BigLew]

That sucks. This letter has become too long and I was thinking of something more short and to the point for a citizen speak email campaign. I was thinking of using the original letter for an online petition to be sent to the government and state department of Tennessee. Does anyone think this is a good idea? Suggestions please.

[moser]

Sort of random question: Is there any danger that the He's other children may be taken away from them? Considering that the judge said that the He's "willfully abandoned" Anna Mae, and essentially called them unfit parents, it would seem logical that the state would at least look into the welfare of the other children. Considering the bias that the judge showed in this case, do you think the He's may end up losing all their children?

[BigLew]

Sort of random question: Is there any danger that the He's other children may be taken away from them? Considering that the judge said that the He's "willfully abandoned" Anna Mae, and essentially called them unfit parents, it would seem logical that the state would at least look into the welfare of the other children. Considering the bias that the judge showed in this case, do you think the He's may end up losing all their children?I would say not unless someone decides they want to steal the other kids too. Better not to bring the other kids up just in case. That was half-ass sarcastic and half-ass serious.

[>:^|]

Contact info for the TN senators:

http://www.senate.gov/general/contact_information/senators_cfm.cfm?State=TN

Might not be a bad idea to contact your own senators as well: http://www.senate.gov

Department of State:

Assistant Secretary James A. Kelly
Bureau of East Asian and Pacific Affairs
U.S. Department of State
2201 C Street NW
Washington, DC 20520

Secretary of State:

http://contact-us.state.gov/ask_for..._secretary.html

Tennessee governor (do we have any TN residents?):

Tennessee Governor Phil Bredesen
Tennessee State Capitol
Nashville, TN 37243-0001

Phil.Bredesen@state.tn.us

Can anybody find e-mail addresses for the senators (Alexander and Frist), the Secretary of State and James A. Kelly?

[BigLew]

http://forums.yellowworld.org/showthread.php?p=286391#post286391

[>:^|]

Two articles on the history of this case:

http://www.commercialappeal.com/mca/local_news/article/0,1426,MCA_437_2893698,00.html

http://www.commercialappeal.com/mca/news/article/0,1426,MCA_436_2893714,00.html

This is from June 2001.

"The Bakers are getting their expectations up inappropriately," Juvenile Court Referee Harold Horne tells an attorney for the Cordova couple in an official Juvenile Court recording obtained by The Commercial Appeal.

"There is no way any court is going to allow them to adopt the child. I will tell you on the front end. The parents have a right to have their child back."

The Hes were concerned time was passing and Anna Mae did not know her birth parents, her native language or culture.

Jack He said they worried the Bakers might resort to "tricks" and asked Horne to put Anna Mae in state custody. Horne refused.

Jack He implored: "We don't want our child to be in their family anymore."

[BigLew]

I wouldn't want her with the Bakers, it sickens me that they've been allowed to hold one to her for years now. Now it is going to be that much harder for her to adjust to her real family if she ever gets to go back.

[BigLew]

Another article from commericialapeal.

http://www.commercialappeal.com/mca/local_news/article/0,1426,MCA_437_2899502,00.html

Parents appeal Anna Mae ruling
Statement by Hes labels Childers as 'a biased, prejudiced and lying judge'

By Shirley Downing
Contact
May 20, 2004

The birth parents of 5-year-old Anna Mae He on Wednesday appealed last week's ruling that terminated their parental rights and gave their first-born child to a Cordova couple to adopt.

Attorneys for Shaoqiang 'Jack' and Qin Luo 'Casey' He notified Circuit Court of their appeal to the Tennessee Court of Appeals of the May 12 ruling by Judge Robert Childers.


Advertisement




The Hes, both Chinese nationals, have fought more than four years for the return of their daughter from her foster parents, Cordova mortgage banker Jerry Baker and homemaker wife, Louise.

Baker attorney Larry Parrish earlier said it would be a "real blessing" if the Hes did not appeal. He could not be reached for comment Wednesday.

After a 10-day bench trial this spring Childers terminated the Hes' parental rights and branded the couple as calculating cheats. He said the Hes were unfit to parent Anna Mae. He said they were guided by efforts to avoid deportation.

"We totally disagree with Judge Childers's decision," the Hes said in a prepared statement. "His decision was based upon nothing but character assassinations, deliberate omission of some crucial evidence and distortion of basic facts."

The Hes' statement said facts would "show Honorable Judge Childers as a biased, prejudiced and lying judge."

Childers discounted virtually everything the Hes said at trial, but accepted Jerry Baker's testimony about what Jack He allegedly had said.

"If Judge Childers believes that Mr. He is always telling lies and Mr. Baker is always telling truth, then what Mr. Baker said that Mr. He said are also lies," the statement noted. "Mr. Baker can't turn lies into truth by simply repeating them. This is common sense."

The Hes said if Childers was truly concerned about Anna Mae's welfare he would not have posted such a harsh ruling on the Internet for the world and, eventually, Anna Mae to see.

"Common sense tells us that people are hurt when they are told that their blood parents are being labeled as cheats and frauds, this is true for people of Chinese and all other known cultures," the statement said.

The Hes accused Childers of "racial elitism" and said he also showed "extreme animosity" towards Casey He when he questioned the sincerity of her tears.

The Hes said they want their daughter to know her birth parents fought hard to keep her, that they did not abandon her, and that "Mom and Dad are normal human beings."

In early 1999 the Hes voluntarily gave the Bakers legal custody of the 3-week-old child. The Hes were under financial and legal stress. After a 90-day fostering period the Hes prepared to send Anna Mae to China to stay with relatives until Jack He - who had been fired from his graduate assistantship at the University of Memphis - finished school and resolved a sexual assault charge of which he was acquitted.

The Bakers offered to keep Anna Mae and put her on their insurance. The Hes said they thought the fostering agreement was temporary, an assessment backed by three court witnesses.

The Hes visited the girl more than 80 times in two years. But when the Bakers called police to their home after a dispute arose on Anna Mae's second birthday, officers told the Hes to stay away.

Several weeks later the Hes appealed to Juvenile Court. In a June 2001 hearing Referee Harold Horne indicated Anna Mae should go back to her birth parents.

Horne continued the hearing for two weeks to allow the Bakers time to get an attorney.

But the Bakers then petitioned Chancery Court to terminate the Hes' rights and allow the foster parents to adopt Anna Mae. Four months had elapsed without a visit, which met the state law for abandonment. This lawsuit removed the case from Juvenile Court.

The Hes said they were unfamiliar with American laws and customs when they gave the Bakers legal custody. They accuse the Cordova couple of using costly lawyers and the courts to steal their daughter. The Bakers said they rescued an unwanted girl from a life of hardship in China.

The Bakers have said their legal costs are about $500,000. The Hes have been represented by attorneys who are working for free.

Jack He has supported his family by working in low-paying restaurant jobs. The couple live in a Cordova apartment where Casey He tends the couple's two younger children.

While the Bakers celebrated last week's ruling, the Hes said they have been very discouraged.

Louise Baker said it felt as if bricks had been taken from her chest. "God is the one who did it for us," she told friends last week who called to share the family's happiness.

The Hes called it "heartbreaking to have our parental rights being terminated in the most brutal manner at the end of our four-year struggle. . . . This is a horror, a death penalty to us."


- Shirley Downing:

[>:^|]

Video link here: http://www.wmcstations.com/Global/story.asp?S=1868644
Scroll down to where the videos are listed.

[BigLew]

Would it be possible to get this into the spot light by writing letters to some nationaly sydicated show like a talk show?

I know this is kinda out there but watching Real Sports (Bryant Gumbel). Gumbel was interviewing the that black highschool kid in Georgia, that got put in jail for sleeping with a white girl, and his family. They were saying letters and support started coming in from everywhere especially after the first nationwide TV interview and story on his show. Am I aiming for the moon here?

[lethal]

Its too bad that Rosie O'Donnell isn't on the air anymore because her show would be perfect for this. Even Oprah.

Be a guest on the Oprah Winfrey Show: http://www.oprah.com/tows/intheworks/tows_works_main.jhtml;jsessionid=FWMOQTGGKALMBLARA YIRNWQ

[>:^|]

full story at http://www.kansascity.com/mld/kansascity/news/nation/8707295.htm

Larry Parrish, the Bakers' lawyer, said ending the two-year custody fight would be in Anna Mae's best interest.

"By filing this appeal, it just prolongs the cruelty," Parrish said.

An appeal likely will take two years to get through the Court of Appeals and then the state Supreme Court, he said. Both lawyers said they will ask that the case go directly to the high court, but such requests are rarely granted.

[BigLew]

This is bullshit 2 more fucking years!!

[SunWuKong]

oh man that's fucked up

[mr. x]

psssh u know by then they're gonna be like "hmm well since she's been with the family for two more years its psychologically better if she stays"

[>:^|]

full text at http://www.commercialappeal.com/mca/local_news/article/0,1426,MCA_437_2954837,00.html

Hes divided over appeal

'Jack' wants to give up legal battle, return to China

Shaoqiang 'Jack' He said Thursday he wanted to drop the legal fight for his 5-year-old daughter, Anna Mae, and return to China, but his wife, Qin Luo 'Casey' He, said she would not return to her native country without her firstborn child.

Jack He also wants an end to fund-raising efforts for an appeal of a court ruling that terminated the Hes' parental rights to Anna Mae.

[kimpossible]

It's even more heartbreaking to know he feels defeated and powerless to get his daughter back, but I think it's important that our interest and advocacy remains solid: we don't want this becoming another method of 'adoption' in America.

[BigLew]

This sucks.

[kimpossible]

Insult to injury. No make that evil gloating. Yes, Louise Baker's heart aches for a tearful Casey He, the "biological" mother of her daughter. Yeah.


edit: God is the one that did this for HER - Louise Baker? no... words...

incredulous edit 2: why is every description of AMH with that Baker broad like some saintly, Disneyland righteous fairytale of triumph?

Innocent laughter at a mother's tears
By Erin Sullivan
Contact
May 14, 2004

The little girl crawls onto the dark red leather couch and looks at a newspaper draped over the arm.

The light is soft in the room and rain slides down the windows. It is the day after an event the little girl knows nothing about.

Her name is Anna Mae He. Wednesday, a judge voided the rights of her birth parents, Jack and Casey He. The judge awarded full custody to her foster parents, Jerry and Louise Baker.

Anna points at a photo on the front page of her parents and grandparents, embracing and crying.

"Why are you crying, Mommy?" she asks.

"Because I am happy."

"Why are you happy?"

"I'm happy because I've got two beautiful girls," Louise says of Anna and their 4-year-old, Aimee.

Anna laughs.

Louise feels like bricks have been taken off her chest. When they came home Wednesday night, they couldn't stop kissing and hugging and twirling Anna.

In their Cordova home Thursday, the phone rang every few minutes. "Thank you," Louise would say. "God is the one who did it for us."

While the girls were at a friend's house earlier in the day, Jerry and Louise watched TV interviews that friends had taped for them.

On TV, a reporter asked them about the Hes.

"Jack and Casey are special to us. They are the biological parents of this little girl," Jerry said. "We have no hate toward them."

Jerry rocked slowly in a chair in front of the fireplace. Louise sat on the couch, her feet up. She talked about a newspaper photo she saw of Casey sobbing.

"My heart aches for her," Louise said.

The Bakers have tried to keep life normal for the girls. They go to school three times a week. They'll have their first T-ball game on Saturday.

Aimee starts crying because she doesn't want to take her nap. Anna gets down from the couch and follows her into the bedroom.

Louise tucks them in and looks at figurines on Anna's dresser. They are of little girls with numbers on them - one for each birthday.

"I get to buy number six!" she exclaims. "And then seven and eight..."

"What is six?" Anna asks.

"For your birthday," Louise says.

[SunWuKong]

this makes me sick and i hope Anna Mae grows up, learns the truth, and hates the Bakers.

[hooligan]

you can't hide history like that. especially when everyone in the AAPI community has either heard or knows about this case. how are the bakers going to keep her away from us?

[BigLew]

Her heart goes out to Casey? Give me a fucking break! This is such fucking bullshit peole have no godamn common sense.

[moser]

To hell with God if "God is the one who did it for [them]," and "the He's are special to us" my @ss.

Why do I have visions of a grown up Anna Mae He going "Kill Bill" or "Man on Fire"-style on the Bakers?

[BigLew]

I don't know how these things work but why won't the chinese embassy do something?

[SunWuKong]

I don't know how these things work but why won't the chinese embassy do something?


i suspect it's out of their legal power. Anna Mae was born in the US, that would automatically give her US citizenship. i assume that the Hes did not go to the Chinese embassy and claim Chinese citizenship for Anna Mae (and in the process would renounce her US citizenship).

[>:^|]

http://www.memphisflyer.com/content.asp?ArticleID=3&ID=6061

Change of Mind
Chinese couple to remain in Memphis, continue appeal for daughter.

Jack He has decided to stay, more importantly he has decided to keep fighting.
Last week the Chinese father told the Commercial Appeal that he had given up plans to appeal a circuit court judgeís decision and regain custody of his daughter. "I was extremely depressed at that time and felt that I was not a good father, good husband, and not a capable man," he said about his comments in that paper. "I was under extreme pressure at that time by my lawyer (David Siegel) to come up with $25,000 to $30,000 to pay for court documents needed for the appeal."

[BigLew]

Update:

Apparently there are some serious charges brought against judge childers here is a list.

Complaint against Judge Robert Childers:
Judicial Misconduct and Violations of Civil Rights

Charge No.1: Childers violated normal confidentiality in an adoption case by releasing his entire opinion in an electronic format to the media
Charge No. 2: Childers did irreparable harm to Anna Mae by releasing his entire humilating opinion to the media and public and his lack of professionalism damaged public confidence in the judicial system
Charge No. 3: Childers willfully released the electronic copy of his opinion on the Internet to vent his extreme personal hatred and malice
Charge No. 4: Childers showed extreme animosity and bias against Mrs. He from the very beginning of the case
Charge No. 5: Childers displayed a racial elitist attitude in his writing and failed to maintain even the pretense of justice
Charge No. 6: When quoting testimonies of the same people (like the Bakers), Childers chose only those words that favor the Bakers’ motion for adoption and deliberately omitted other vital statements that contradicted his prejudgment about the case
Charge No. 7: Childers lied in his opinion when he stated that the Bakers did not inhibit, discourage, or otherwise interfere with any reasonable desire of the Hes to visit Anna Mae He, an important basis for his willful abandonment theory
Charge No. 8: Childers is biased in his interpretations of the January 28, 2001 incident, an important factor in his conclusion of willful abandonment
Charge No. 9: Childers is further shown to be biased by twisting and distorting facts in his conclusion that Mrs. He willfully failed to request visitation in her petition to get Anna Mae back
Charge No. 10: Robert Childers' conclusion that the Hes sought custody of AMH only to avoid INS deportation is a willful distortion of the facts
Charge No. 11: Childers masqueraded the Bakers' hearsay statements as the Hes’ testimonies to deceive the public
Charge No. 12: Childers deliberately used falsehood to support his “best interest” argument
Charge No. 13: Childers' conclusion that “there is parental misconduct or inability to parent by the Hes” is unfounded and is an example of his malicious defamation against the Hes by arbitrarily made-up accusations
Charge No. 14: Childers' other “best-interest” conclusions are completely groundless, discriminatory, and full of narrow-minded chauvinism
Charge No. 15: Childers' conclusion on the origin of the “no-contact” order indicates a conspiracy to cover up the misconduct of the Court itself

This is just a summary of the charges and complaints because the email that I got was 42 pages long, if anybody wants a foward of the entire official complaint PM me.

The "official" complaint.

[>:^|]

http://www.commercialappeal.com/mca/local_news/article/0,1426,MCA_437_3241199,00.html

Two Cordova families in a legal tug-of-war over a 5-year-old Chinese girl may have to wait several more months for a decision.

Attorneys in the custody dispute over Anna Mae He said the earliest date to expect a hearing on an appeal could be early next year.

Attorney Larry Parrish, who represents the custodial parents, said he may ask the state Supreme Court to "reach down" for the case -- bypassing the state Court of Appeals -- so the question of Anna Mae's future can be resolved more quickly.

Chinese nationals Shaoqiang 'Jack' He and his wife Qin Luo 'Casey' He have appealed a May 12 ruling by Circuit Court Judge Robert 'Butch' Childers that terminated their parental rights and gave Anna Mae He to mortgage banker Jerry Baker and his wife, Louise, who seek to adopt.

Following a 10-day bench trial, Childers declared the Hes unfit to parent Anna Mae, and said they were motivated by a desire to avoid deportation. The Hes have strongly rebutted Childers's depiction of their character and intent.

Jack He said he has filed a civil rights complaint with the U.S. Department of Justice and the U.S. Department of State in Washington.

[BigLew]

Lawyers offer aid to Hes

3 schools want to submit briefs

By Shirley Downing
Contact
December 11, 2004

Three university law clinics --- including Loyola in Chicago and Vanderbilt in Nashville -- have asked to submit briefs as a "friend of the court" in the Anna Mae He case.

The lawyers offered to help by analyzing state law and clarifying parental rights issues in the high-profile child custody case.
Two Cordova couples are locked in a legal battle over 5-year-old Anna Mae He.


Chinese nationals Shaoqiang 'Jack' He and his wife, Qin Luo 'Casey,' gave their infant daughter Anna Mae to banker Jerry Baker and his wife, Louise.

The financially distressed Hes said the arrangement was temporary, but the Bakers said they were told they could keep the girl until she was grown.

The case raises a host of legal issues, particularly for the area's growing immigrant population, the motion said.

Bruce Boyer, director of the Loyola Child Law Center, said such cases could have an impact on many others.

"I see this as an opportunity to point out to the court the fundamental principles of the law that ought to be adhered to," he said.

The motion was filed on behalf of Boyer's clinic, the Vanderbilt Legal Clinic in Nashville, the University of Memphis Child Advocacy Clinic and the Tennessee Alliance for Legal Services.

Circuit Court Judge Robert 'Butch' Childers terminated the Hes' parental rights after a 10-day trial last spring. He called them unfit and said their legal efforts were a ruse to avoid deportation.

Jack He, a university professor who works at restaurant jobs to support his family, and his wife strongly disagree with Childers's assessment.

If allowed to submit briefs, the law clinic attorneys said they would identify major issues, including the statutory definition of abandonment, clarification of statutory procedures for determining parental fitness, and the statutory procedures for determining a child's best interests in parental rights termination cases.

They said they would show "that Tennessee's termination of parental rights statute does not endorse a comparison between a child's birth parents and any potential adoptive parents, nor does it support fact-finding with regard to removal of a child from her birth family based on the political climate of the child's country of origin."

The Hes' attorney, David Siegel, welcomes the help.

The Bakers' attorney, Larry Parrish, said he wasn't aware of the motion, but said such requests are fairly common.

"Well, come on ahead," he said. "If they are going to start getting people involved with amicus briefs, we might, too."

[kimpossible]

Chinese nationals Shaoqiang 'Jack' He and his wife, Qin Luo 'Casey,' gave their infant daughter Anna Mae to banker Jerry Baker and his wife, Louise.

Dear journalists who may read this:

If you're going to write 'banker' Jerry Baker and his wife, Louise, please also write professor Jack He and his wife, Casey. Not Chinese nationals, not Chinese immigrants. And they didn't give away their daughter, they took up what they thought was a generous offer from a trusted friend in a time of need.

[BigLew]

Updates.

Hope someone can translate.
http://pengtou.com/forum/viewtopic.php?t=20163&sid=b07ac3c371b0fe8586b0b3b4510f05fb
http://www.webjb.org/webjb/yansu/messages/317557.shtml
http://www.people.com.cn/BIG5/jiaoyu/1055/3151478.html
http://www.jfdaily.com.cn/gb/node2/node142/node199/userobject1ai787409.html

Also attatched an Amicus Brief that someone (one of the lawyers?) sent me. I don't even know what the hell that is.

[SunWuKong]

Updates.

Hope someone can translate.
http://pengtou.com/forum/viewtopic.php?t=20163&sid=b07ac3c371b0fe8586b0b3b4510f05fb
http://www.webjb.org/webjb/yansu/messages/317557.shtml
http://www.people.com.cn/BIG5/jiaoyu/1055/3151478.html
http://www.jfdaily.com.cn/gb/node2/node142/node199/userobject1ai787409.html

Also attatched an Amicus Brief that someone (one of the lawyers?) sent me. I don't even know what the hell that is.


i think the first two links are outdated articles about the case. the last two links are the same article, basically saying that a decision will be made on 2/16/2005, in appeals court.

[BigLew]

Let's keep our fingers crossed.

[Grasshopper]

I don't know the legal details but unless the biological parents are abusive I say the child must go to the birth parents.

But imagine having people FIGHTING to be your parents!

I always felt damn near abandoned by every one as a kid. :biggrin:

[SunWuKong]

I don't know the legal details but unless the biological parents are abusive I say the child must go to the birth parents.

to the best of my knowledge, a large part of the case hinges on whether or not the He's abandoned their child, under the legal definition of what is "abandonment". and if a case of abandonment can be made, then the He's can legally lose their parental rights.

but the whole reason the He's did not go see their child was because the Bakers had a court order for the He's to stay away from them!

[BigLew]

Comment to the Hes on Ruling by legal expert

I thought it was very good. I do appreciate you allowing me to review it. Thank you.

I think our argument is more powerful. It states that because they did not follow the statute, policy and procedures given to all parents who have dependent children in foster care in the State of Tennessee which includes a permanancy plan where a child support is ordered by the court within 30 days after the child goes into custody. The permanancy plan is the road map to reunify the family and tells them exactly what they need to do to get their child back out of foster care. It is required by law to include information about abandonment to let the biological parent know what might happen if they don't support or visit their child. This is part of both the Federal law that allows Tennessee to receive federal money for foster care and also part of the state of Tennessee law. Furthermore, the Bakers were willfully and intentionally interferring with the right for you to visit their child. Tennessee law states that visitation shall take place no less than once a week and encourages even more.

I think Judge Childers terminated your rights because he knew that Mid-South and the Tennessee Department of Children's Services never followed the law as it is written. No child is to languish in foster care more than 24 months. They were supposed to give you a permanancy plan and other timelines they are required to follow under Title IV-E So, Judge Childers had a mess on his hands and he was smart. He knows that under Tennessee TRAP 13(d) all he had to do is say that he did not think you or Mrs. He was believable and that you were lying. It is called credibility. If he could say he did not believe you and Mrs. He, then he knew that no other court could overturn his decision because of TRAP 13(d) states that no higher court can overturn a decision of a chancery court or call into question a decision on credibility of the parties unless a preponderance of the evidence (51% proof) showed that he erred. So he knew exactly what he was doing. Now, the real issue is to show that the facts he based his analysis upon were erroneous and policy, procedure, statute and substantive law wasn't followed to allow you to do the right thing.

Furthermore, it wasn't just the Bakers. Mid-South Christian Services and Diane Chunn Brower was in on it too along with Attorney Weaver, in my opinion. They wanted the adoption money for the agency and so Ms. Chunn Brower who should have made sure that all the DCS policy and statutes were followed to allow you the appropriate tools to reunify your family. Instead she stated that she didn't know what to do since it was long-term foster care. Mid-South even advertises that they are licensed by the Tennessee Dept. of Children's Services to provide licensed foster care! They tricked you into believing that you needed to sign over custody but it was only so that they could continue with the adoption and trick you and Mrs. He. Very sad what has occurred.

[BigLew]

Links. OCA Seattles site has a copy of the amicus brief. And I think this other link has been posted by me but it has updates. Let's not stop caring. I don't know how much hope there is here but that doesn't mean we should give it up.

http://www.ocaseattle.org/
http://www.parentalrightsandjustice.com/

[SunWuKong]

anybody have any idea what kind of judge will be presiding over the appeal? are the Hes going to have another judge like Childers? i fucking hate that guy and wish he'd lose his job.

[BigLew]

fucking hate that guy and wish he'd lose his job.I can only wish that is the best that happens to him.

[BigLew]

Some new articles.

http://news.yahoo.com/news?tmpl=story&u=/ap/20050215/ap_on_re_us/chinese_custody_1 http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2005/02/15/national/a000556S27.DTL
http://www.phillyburbs.com/pb-dyn/news/1-02152005-450326.html

Looks like the word is getting out.

[SunWuKong]

any word on the decision? it was supposed to be today.

[BigLew]

any word on the decision? it was supposed to be today.Not yet I am sure it will be coming through my mailbox in due time.

[BigLew]

Baker's website. (http://www.bakerdefensefund.com/)

(I posted this artice somewhere but can't find it)

Some thoughts about LA times article on the subject that I got in a email.

When I first read the report, I thought
1) it was an attack on the Hes character
2) it was also a depiction of Childers'
unprofessional and redneck image

But as I read the article again, I think I was wrong
on the 2nd point. The whole LA Times report is in
total reasonance with Childers' ruling, in particular, on Childers' opinion on Hes' character and AMH's
best interest.

The attack on Hes'character was obvious, there was 0
place where Hes were depicted in good light, it was
all ugly. Mr. He's statement that he would take
certain type of wife and enjoying lecturing her fits
an image of Chinaman dominating over pale and dreamy
Chinese woman, getting married twice to get spousal
visa fits an image of treachery and deceit, Ms. He
foaming at the mouth, calling Bakers demons, etc,
etc, all bad stuff. At the end, when the authour wrote
about Fantine, alleged role model for Mrs. He, the
author emphasized that she became a prostitue...and
Mrs. He had this in mind.... (very subtle, if you don't read carefully...)

The Bakers' home was described as warm and sunny.
The Hes are living with ghost.... Anna Mae wanted to
have blue eyes, Anna Mae are afraid of Chinese....

Strong opinioned legal experts, such as Chris, was
not quoted by LA Times, apparently, her views were not
liked or shared by Ellen Barry.

From the LA Times article, it can be concluded that
it is to the best interest of AMH to be with the
Bakers, or AMH will suffer damges, because she is even
afraid of Chinese now, an effect caused by Hes 80 some
token visits before she was 2 years old.

The author quoted some words off Childers' ruling,
was it an attempt to attack the ruling? This was my
first thought, but as I remove my own personal views on
the matter, I can conclude that the quoting of these
Childers' opinions are 100% consistent with the rest
of the article. Each of the items in the LA Times
report in fact re-enforces quotes off Childers and
Parrish.

For example:
a) "Casey, sent photos of herself posing coyly on
staircases, in parks, in the romantic glow of studio
lighting." --- Childers: "calculating, almost
theatrical, in her actions."

b) "They were not married, although Jack had told
the Immigration and Naturalization Service they were."
--
Childers described Jack as a scam artist whose
behavior was "marked by deceitfulness and
dishonesty, without remorse, repentance or conscience." Childers cited lies in Jack's past: about his income in a
deposition; about being married twice to obtain a
spousal visa; on a loan application for a vehicle in
2001.

c) "I mean, she's afraid of them," she said.
--- Parrish: "You wouldn't let them have your
children," "They're somebody that society needs to
be protected from."

I can continue the list, there is no place in the
report that contradicts Childers' conclusions in any
way. (even on Casey's English, there is nothing
contradicts Childers in the report).

Therefore, LA Times established media support for affirming Childers' ruling, at least on best interest. Given the strong media support, I expect TN Court of Appeals to affirm Childers' ruling, at least some
part of it, very soon.

The theme has been set by LA Times: good-hearted Americans saved poor Chinese girl from some poor and
ugly Chinese, a furious judge terminated the parental
rights of the Chinese, and the Chinese girl lives with
the blue-eyed happily forever....

Dongxiao Yue


Links to some more articles.

http://abcnews.go.com/US/LegalCenter/wireStory?id=500343&page=1

http://www.usatoday.com/news/nation/2005-02-16-chinese-custody_x.htm?csp=34

http://www.nytimes.com/2004/03/02/national/02CUST.html?ei=5007&en=65e8293b8f55a694&ex=1393563600&partner=USERLAND&pagewanted=all&position=

Anna Mae is 6 now.

[SunWuKong]

any news of the decision yet? it's been a few months since the appeal was filed.

[ahsingjai]

Directed at the people involved...

What kind of bullshit is this? If you fucken signed a agreement saying you will take care of this Chinese baby girl cuz the parents can't afford to raise her TEMPORARY. Then fuck, stop trying to keep her from her parents when they finna want her back.

Some people ain't rich like you fucken white fucks. Just cuz your fucken goldfishing rich fucks got money and got some empty ass heart to fill found the He family willing to give their baby girl a better chance to live while they pull themselves up from being broke ass mother fuckas, don't mean you got yourself a baby forever.

You signed the agreement... I bet the reason why they getting deported cuz yall did some shady calls to people you know in INS to find something to deport this family so they can't get Anna back. AND VERBAL AGREEMENTS DONT MEAN SHIT BITCH.

And these white fucks talk about China like quality of life is better in the U.S, when 21% of U.S children are poor ass fuck. So what the fuck you expect bitch, just cuz you rich you can buy their baby?

[haplesshobo]

After reading all the posts in this thread, I'm still confused about what happened? Did the Hes actually sign something that gave up their daughter to adoption, but which they didn't understand? And, if they did that, why would they sign something that gave up their daughter, even temporarily, if they couldn't understand the document?

[ahsingjai]

If the He's didn't have understanding of what they signed, the agreement would be void by court.

If it was temporary, then the courts should favor the He's as well.

The only chance I think they have of keeping Anna is to convince the courts that China poor enivornment (American's concept of China being opressive, rural and backwards) isn't suitable for Anna to live in.

Even with that argument, I think it's still fucked up to take their daughter away.

[Paradox]

I can't believe how fucked up and biased our legal system is sometimes. Here are natural birth parents being denied the right to their own child over some technicality from a judge that can only be described as heavily biased. This is why I can't fucking stand the U.S. most of the time. If the parents were anything but Chinese nationals I bet they would have received a reasonable ruling by now.

[Player 0]

Seeing as the judge is so biased, i believe the Hes should file for a mistrial or something, on the grounds that the judge is biased.

My previous comments were made before i read all the posts on this thread fully, now that i have, i can honestly say this is perhaps the greatest injustice i have ever heard that has befallen any ACs

My heart goes out to the Hes, and if i could i would help them financially by giving them all a one-way ticket to Beijing, or Guangzhou, or some place nice, all first class and set them up in a nice roomy apartment, i would if i could but i have no money at the moment.

My point is that this is a travisty of justice, and now that it has gotten out it will give America a, rightully earned, bad reputation for being a racist country that descriminates against Asians, and making me even more happier that i have never been there.

[TyroneK(prettypretty)]

It seems like the media has completely forgotten about this case. Has anybody found out what happened?

Anyway, as much as I wish I could cry out that this is a case of pure racism, I feel like there's way too many other explanations for why the Hes got screwed.

First of all, the Hes kept changing lawyers basically put the case on hold. Our legal system deals with thousands of cases at a time and rescheduling will keep pushing any kind of resolution of open legal matters further and further back. Racism played a part, but it wasn't the only part. The Hes themselves allowed enough time to pass by to complicate a family law decision. I am disturbed that multiple lawyers kept resigning their representation of him rather than let him take his criminal case to trial though.

As a result, what really sucks now is that you have this painful situation where the child has spent years acclimated to a home where she doesn't really belong, but at the same time has inevitably become attached to during the formative years of her life. Is it in the best interests of the child to be back with her parents? I can't say for sure. It's not like Hes were really there for her earlier. At the same time, it's not exactly the Hes fault that they were so screwed. Since the governing goal of any trial at this point is going to be the child's "best interests," everything gets murky.

Also, if anything, the main lesson here is that you should never give up your child without knowing exactly what you're doing. Your family is too important to leave its fate dependent on the kindness of strangers. Also, I don't know how developed civil contract law is in China, but why did he sign a custody agreement without any written provision for ending that custody? Did he even consult a lawyer about this? Who thinks that an oral understanding completely undermining the wording of an agreement is good enough? I know these are fellow churchgoers, but still. That was an extremely stupid decision no matter what country you're living in. It doesn't help that both contract and adoption law are very unsympathetic to those who change their minds when they're mentally capable of understanding all the risks involved. I don't think the correct legal conclusion in this situation is so clear.

It's also sad that it didn't sink in to the Hes that a non-citizen in a foriegn country would not be in a very good position to enforce legal rights beyond their permitted time in this nation. I feel bad for these parents, but this arrangement was fucking nuts. I don't know how they could have thought this was a good idea.

Unfortunately, the effect of the "rule of law" often means that what's morally right and what's legally right can be two very different things and I think that's basically what has occurred here. The Hes might have the moral high ground, but they arguably gave up a lot of their legal high ground through very unfortunate and stupid decisions.

A lot of these events would have happened to immigrants of any race when dealing with a foreign legal system, facing criminal charges, and making choices mainly on faith. The idea that the authorities in the PRC or any other foriegn nation would be more understanding seems misguided and overly optimistic.

[haplesshobo]

First of all, the Hes kept changing lawyers basically put the case on hold. Our legal system deals with thousands of cases at a time and rescheduling will keep pushing any kind of resolution of open legal matters further and further back.

The gist of some of the posts in this thread seemed to blame the Bakers and the first judge for all these delays, not the Hes.


As a result, what really sucks now is that you have this painful situation where the child has spent years acclimated to a home where she doesn't really belong, but at the same time has inevitably become attached to during the formative years of her life.

Agree with you on that, and ideally, this case should have been expedited so that Anna Mae didn't get too attached to one family in case she was going to get separated. Or, at the very least, the Hes should have been given court supervised visitation rights before the final outcome in case she was returned to the Hes and to less the shock. But, some people have claimed that the Bakers and the court system wouldn't allow the Hes to visit, as well as delaying the case for so long.


Also, if anything, the main lesson here is that you should never give up your child without knowing exactly what you're doing. Your family is too important to leave its fate dependent on the kindness of strangers. Also, I don't know how developed civil contract law is in China, but why did he sign a custody agreement without any written provision for ending that custody? Did he even consult a lawyer about this?

From what I understand, these type of arrangements are not that uncommon in China where the relatives or somebody else looks after a baby while the couple settles down. And, I doubt that people in China really resort to contracts in those type of situations, since a contract seems to be less binding over there than in America.

Interestingly enough, one of the links is to the judge's decision, where he reviews the facts. According to the judge, the Hes had access to lawyers during the time as the Hes were already facing other legal charges but never used those lawyers to clarify the contract about giving up custody of Anna Mae to the Bakers. As the Bakers and the judge portray it, the Bakers actually insisted that the Hes get a translator so they would understand the implications of what they were signing.

And, reading the judge's summary, it paints a pretty damning picture of the Hes. Even if we discount the claims of the Bakers about the Hes, since nobody would be shocked if they were biased, there seemed to be other witnesses like Ms. Chunn who gave unflattering portrayals of the Hes- where she claimed Mr. He had told her that Anna Mae wasn't going to be valued as a child compared with other children since Mrs. He had to go through a difficult birth, etc...

It seemed that the case came down to whom the judge believed was telling the truth. And, it didn't help the Hes case when you had a pattern of lying from Mr. He about all these other issuses.

Definitely a heartbreaking story, with no real winners. You get the sense that you had these different parties that came in with the best of intentions, and that everybody ended up losing.

[TyroneK(prettypretty)]

From what I understand, these type of arrangements are not that uncommon in China where the relatives or somebody else looks after a baby while the couple settles down. And, I doubt that people in China really resort to contracts in those type of situations, since a contract seems to be less binding over there than in America.

It's one thing if you've actually had a longtime friendship or community presence with these people. It's another thing to just trust your child to foreigners who you don't know well, especially for what seems to be a scheme to defraud a health insurance provider.

I agree that there would be times in less litigious countries where this arrangement would have made a good deal of sense. This case, however, wasn't one of them.

[haplesshobo]

especially for what seems to be a scheme to defraud a health insurance provider.


I haven't read anything about that; where did you come up with that?

And, who was trying to commit fraud here, the Hes or the Bakers?

[TyroneK(prettypretty)]

http://www.usatoday.com/life/2004-02-22-custody-usat_x.htm

"Three months after the Hes left their baby with the Bakers, while Jack was still fighting the assault charges, the Bakers said they could continue to care for the child beyond the agreed time. But according to the Hes, the Bakers said they needed legal custody to enroll the baby in their health insurance."

Admittedly, defraud is a strong word, but the Hes and the Bakers basically came up with the custody agreement to take advantage of the Bakers' health care plan in a way that it was not meant to be utilized.

The more I learn about this story, the more I just want to strangle everyone involved.

[haplesshobo]

http://www.usatoday.com/life/2004-02-22-custody-usat_x.htm

"Three months after the Hes left their baby with the Bakers, while Jack was still fighting the assault charges, the Bakers said they could continue to care for the child beyond the agreed time. But according to the Hes, the Bakers said they needed legal custody to enroll the baby in their health insurance."

Admittedly, defraud is a strong word, but the Hes and the Bakers basically came up with the custody agreement to take advantage of the Bakers' health care plan in a way that it was not meant to be utilized.

The more I learn about this story, the more I just want to strangle everyone involved.

Well, that's the version the Hes gave. Who knows who's really lying at this point?

In this type of situation, is it even that unusual where the foster parents have custody of the children?

But, I have to agree about how the more you learn about both couples, it just leaves a bad taste in your mouth. Look at the stuff Mr. He admitted- he didn't trust his wife when she got pregnant and wanted a paternity test to confirm Anna Mae was really his daughter, accused of sexually assaulting a female student although he was aquitted of it, etc... And, then there's the Bakers who tried to get Mr. He fired from a menial job, even as he's supporting two other children.

But, even if Mr. He is a asshole, that shouldn't be grounds to take his daughter away from him. After all, there are many parents who are assholes, but that doesn't mean the state has stepped in and stripped them of their parental rights like they did in this situation.

But, even if Mr He is an asshole, that doesn't mean his daughter should be taken away from him. After all, there are many parents who are not good people, but their children aren't stripped from them.

[Player 0]

http://www.tennessean.com/apps/pbcs.dll/article?AID=/20051124/NEWS01/511240332/1006/NEWS

No words, it's just, no words, this lessens my already small amount of faith in the American legal system.

[lethal]

The Appeals Court ruled 2-1 in favor of the Bakers, but that means 1 judge agreed with the Hes. In NJ, a split decision in the Appellate Division means automatic review by the State Supreme Court. Even if that is not the case in Tennessee, I'm sure it will be appealed further.

I hope the Hes get their daughter back.

There are a lot of children with no parents that the Bakers could have adopted, but they want to take a child away from her parents even though the parents want her back. That's just wrong.

[relus]

There are a lot of children with no parents that the Bakers could have adopted, but they want to take a child away from her parents even though the parents want her back. That's just wrong.

Agreed.

[SunWuKong]

The Appeals Court ruled 2-1 in favor of the Bakers, but that means 1 judge agreed with the Hes. In NJ, a split decision in the Appellate Division means automatic review by the State Supreme Court. Even if that is not the case in Tennessee, I'm sure it will be appealed further.

I hope the Hes get their daughter back.

There are a lot of children with no parents that the Bakers could have adopted, but they want to take a child away from her parents even though the parents want her back. That's just wrong.


do you know of an updated article on the web we can read?

[TyroneK(prettypretty)]

The article Player 0 posted was the most recent one I've come across. The NY Times published the following blurb 4 days ago:

TENNESSEE: COURT UPHOLDS ADOPTION FROM CHINA The State Court of Appeals ruled not to return a 6-year-old Chinese girl to the birth parents who put her in the custody of an American couple shortly after her birth. The court ruled, 2 to 1, to uphold a lower court decision that removed the parental rights of Shaoqiang He, known as Jack, and Qin Luo He, known as Casey, to the girl, Anna Mae. Unless appealed to a higher court, the ruling clears the way for the American couple, Jerry and Louise Baker, to proceed with the adoption. (AP)

Assuming that the Hes are for real, they really shouldn't have signed that custody agreement. They basically turned what could have been a more clear cut factual case into a credibility battle. Once you build up that kind of paper trail going against what you want, you can't easily move back. Any decision against the Hes can be passed off as a credible judgment on the believability of the parties involved and a reasonable call on what would be in the best interests of the child. Also, as a general rule, adoptions are almost impossible to undo once the natural parents have signed and executed an agreement relinquishing custody. The pesky part of the rule of law is that you can't undo something just because the outcome is unfair.

Consequently, I think every higher appellate court from here on out is going to duck out on their potential power to reverse this decision by pointing to the factfinding authority of lower courts and the traditional reluctance of higher courts to impinge on that power. To be fair, it shouldn't be the job of the higher courts to go around reversing every flawed jury and lower court finding unless it's based on a faulty interpretation of the law. That's the way the law works.

And as Haplesshobo and I have bandied about before, I don't think it's such a clear cut case that the Hes are pure victims in this situation. The whole chain of events stinks out loud. From a purely legal standpoint, however, I can't find anything glaringly wrong with the state court decisions other than a tenuous Constitutional due process argument.

[kimpossible]

I had a problem with what was considered evidence of their character such as English ability and testimony that assumed Anna was in mortal danger as a female child in China, therefore a life in America with American parents was necessary in order for her to live.

I also had a problem with the finding that they were unfit parents for only one child. The exact child that was wanted by another couple.

Otherwise, I agree that the Hes made mistakes. But are they mistakes enough to lose all parental rights? The case may be solid in legal terms but there is a lingering question, at least in my mind, as to whether a non-white non-US citizen couple were given the same treatment a white American, native-English speaking family would have had. Is the perception of the judge based on such factors not a component of measuring credibility?

Other than that, I've already posted my fill on it. Fucked up situation all around.

[SunWuKong]

The article Player 0 posted was the most recent one I've come across.

oh shit i totally didn't see his post and just saw lethal's post.

[ahsingjai]

Now the girl gonna have to grow up knowing that the asian community hates her adopted parents. Now she going to grow up hating asians.

[SunWuKong]

i wonder what the Bakers have been telling Anna Mae about the court trials and about the Hes.

[TyroneK(prettypretty)]

I also had a problem with the finding that they were unfit parents for only one child. The exact child that was wanted by another couple.

That's because this whole case was marked by a custody agreement for that one child. From what I can tell from the rather incomplete articles on the web, the question before the court wasn't "are the Hes competent to be parents" as much as it was "was there anything contradicting this agreement or the Hes actions after this agreement was signed that disproves the wording of the agreement which seems to denote that the transfer of custody was meant to be permanent?"

I find the media coverage of this story to be pretty uneven and this imbalance doesn't help anyone get a good idea of what's going on. I hate that we all have to piece together what really happened from multiple sources over a prolonged period of time. Depending on how you frame the context, this decision is either a huge miscarriage of justice or an unfortunate, but legally sound conclusion based on decades of precedent.

Otherwise, I agree that the Hes made mistakes. But are they mistakes enough to lose all parental rights? The case may be solid in legal terms but there is a lingering question, at least in my mind, as to whether a non-white non-US citizen couple were given the same treatment a white American, native-English speaking family would have had. Is the perception of the judge based on such factors not a component of measuring credibility?

I'm sure more effective communication or translation of intent would have cleared up the understanding between the Hes and the Bakers tremendously. It might have even prevented this case from ever having to come to court. However, I think that a foreign white couple from Western or Eastern Europe or Russia would probably have faced the same problems if all other things remained the same. The taint of a lingering criminal prosecution, bizarre behavior on the Hes part, immigration issues, and bad timing all complicate this situation beyond the simple "America hates foreigners" scenario.

The Hes might not have known what they were signing, but they were mentally capable of understanding that and the fact that they didn't make the effort to understand the implications of the custody agreement doesn't necessarily make the custody agreement any less binding. People in the US sign away significant legal rights all the time without thinking about it (and probably without the education or mental capacity to comprehend the full consequences of their actions) but we hold them to it anyway.

My knowledge of Tn. judicial procedure is uneven at best and I would have to read Childers' opinion to get a full idea of how "off" his reasoning is, but if he does base a lot of his opinion in preset caselaw and it's not mainly grounded in cultural bias or improper considerations, there are probably few, if any, grounds to overturn that lower court decision. From what the articles I've read say, the main sticking point is the wording of that custody agreement and the sufficient mental competency of the Hes to understand what that agreement would mean if they bothered making the effort to go beyond a verbal understanding of the arrangement.

(This isn't directed at you, kimpossible.) People seem to think that the law is just a dressed up version of King Solomon where intuition and fairness, rather than order and consistency of decisions, reign supreme. It's just not like that. Law and justice are two very different things. Law gets settled in the courts. It's a set of (hopefully) steadfast rules for the orderly resolution of problems that people cannot solve peacefully on their own. Justice, on the other hand, is what you try to keep in mind when writing those laws. Law, by itself, often lends itself to many unjust and unfair conclusions.

Unfortunately, it's hard to have true, objective justice without having steadfast laws. It's a tightrope.

[>:^|]

That's because this whole case was marked by a custody agreement for that one child. From what I can tell from the rather incomplete articles on the web, the question before the court wasn't "are the Hes competent to be parents" as much as it was "was there anything contradicting this agreement or the Hes actions after this agreement was signed that disproves the wording of the agreement which seems to denote that the transfer of custody was meant to be permanent?"

Actually, Judge Childers concluded that both Mr. and Mrs. He are "unfit parents." He additionally wrote that the Hes' home was "unhealthy and unsafe" and that Mrs. He's "emotional instability" would be harmful to the child.

My knowledge of Tn. judicial procedure is uneven at best and I would have to read Childers' opinion to get a full idea of how "off" his reasoning is, but if he does base a lot of his opinion in preset caselaw and it's not mainly grounded in cultural bias or improper considerations, there are probably few, if any, grounds to overturn that lower court decision. From what the articles I've read say, the main sticking point is the wording of that custody agreement and the sufficient mental competency of the Hes to understand what that agreement would mean if they bothered making the effort to go beyond a verbal understanding of the arrangement.

Read the opinion. Childers released it on the internet, which I think is an ethical breach. You might also be interested to know that several major law schools are using this case as an example of judicial bias.

[snailpoo]

Actually, Judge Childers concluded that both Mr. and Mrs. He are "unfit parents." He additionally wrote that the Hes' home was "unhealthy and unsafe" and that Mrs. He's "emotional instability" would be harmful to the child.



Read the opinion. Childers released it on the internet, which I think is an ethical breach. You might also be interested to know that several major law schools are using this case as an example of judicial bias.
Isn't that the problem?

The determination of "unfit," and "unhealthy," and "unsafe" are factual determinations. Judicial review on an appellate level is largely designed to check mistake of law, not mistake of fact.

[kimpossible]

That's because this whole case was marked by a custody agreement for that one child. From what I can tell from the rather incomplete articles on the web, the question before the court wasn't "are the Hes competent to be parents" as much as it was "was there anything contradicting this agreement or the Hes actions after this agreement was signed that disproves the wording of the agreement which seems to denote that the transfer of custody was meant to be permanent?"


It's been a long time since I read any of the court docs or articles (and give me the leeway for being a non-legal person in any way) but I do believe somewhere along the line the term of unfit parent(s) was used to describe them at some point legally. I could have come up with that on my own, but I don't think I am. Been a long time.

I'm not addressing the custody agreement. I imagine that's one the most straightforward parts to this.


My knowledge of Tn. judicial procedure is uneven at best and I would have to read Childers' opinion to get a full idea of how "off" his reasoning is, but if he does base a lot of his opinion in preset caselaw and it's not mainly grounded in cultural bias or improper considerations, there are probably few, if any, grounds to overturn that lower court decision.


For what it's worth, I was basing it on Childer's opinion. He did cite Mrs. He's use of English as a negative character trait. I believe he found her deceptive because her English was spotty and he believed it to be purposeful. Same goes for the supposedly dangerous life Anna would have in China as a female. If I remember correctly, Anna's life in China was something the court considered and based at least part of that judgment on a book written by a woman who had been through transnational adoption process in China. It cited the mortality rates for females I think. I also believe this was one of Mrs. Baker's plea - kind of a save the child from certain doom in China.

Anyhow, fairness of the custody agreement aside, there does seem to be an uncomfortable amount of cultural interpretations that were used unfairly to determine parental rights and credibility. I don't know how often the government terminates parental rights but I can't imagine it's done but under the most dire of circumstances.

[TyroneK(prettypretty)]

Actually, Judge Childers concluded that both Mr. and Mrs. He are "unfit parents." He additionally wrote that the Hes' home was "unhealthy and unsafe" and that Mrs. He's "emotional instability" would be harmful to the child.

You're right, but I don't think that necessarily contradicts what I think is the central idea of this case. In the end, you still have written agreements and a situation of "we say" versus "they say" testimony and completely belies the paper trial left by the Hes.

The part about the language ability was going towards the truthfulness of the Hes and their insistence that they did not know what they were doing when they signed the agreement. I think Childers puts too much stock in this, but at the same time, it does affect their appearance truthfulness and is relevant to their ability to understand and be bound by a contract.

The excerpts and summaries of the opinion itself that I've managed to find state that in the context of the applicable law, the agreements and the factual record don't support reverting parental rights back to the Hes. The parts about the Hes being "unfit parents" are additional, but not central, argument supporting the finding of abandonment. Basically, Childers says that even if the agreements weren't clear cut and that the facts didn't prove abandonment, the Hes are unfit parents anyway.

It's unfortunate dicta, but that's not necessarily grounds for overturning the lower court decision. As a result, the Childers decision has one ridiculous prong and one acceptable prong that can stand on its own even if you take out a lot of the rhetorical crap.

Read the opinion. Childers released it on the internet, which I think is an ethical breach.

It seems to be a breach of ethics according to the complaint lodged against him. It also releases a lot of private information about a minor, which is a big no-no for any child case. I hope that this complaint against Childers get pressed to the fullest extent possible even if the Hes have to leave Tennessee without their child.

You might also be interested to know that several major law schools are using this case as an example of judicial bias.

But at the same time, the bias doesn't mean that an opinion is not grounded in the law or that it should or will be overturned. Childrers' opinion is a bad opinion, but it's arguably grounded enough in the facts not to get overturned by a higher court adhering to a mission of only overturning incorrect interpretations of law and not interfering with a lower court making conclusions of fact. This means that a higher court will only go but so far to compensate for the biases and perceptions of a judge or jury. Unfortunately, you're not legally entitled to have a judge believe you and your witnesses even if you're right. A court may disbelieve or incorrectly interpret key evidence, but that isn't grounds for overturning a decision on appeal.

By the way, I don't agree with Childers' conclusion. The more I read about this case, the more firmly I believe that the Hes should have their kid back. At the same time, I don't think that the law is going to be on the Hes side. The whole situation stinks out loud, but the stink isn't quite powerful enough for all parts of the legal system to break out of their preferred roles and clean this mess up the right way.

[>:^|]

The excerpts and summaries of the opinion itself that I've managed to find state that in the context of the applicable law, the agreements and the factual record don't support reverting parental rights back to the Hes.

There was no question of "reverting parental rights." The question was about custody and termination of parental rights. Termination of parental rights is nearly always in extreme cases of abuse or neglect. If you've worked in the system, you'd know that the Hes' conduct would not even be considered by most judges for termination of parental rights. In any event, if they're unfit parents, why haven't their other children been seized?

But at the same time, the bias doesn't mean that an opinion is not grounded in the law or that it should or will be overturned. Childrers' opinion is a bad opinion, but it's arguably grounded enough in the facts not to get overturned by a higher court adhering to a mission of only overturning incorrect interpretations of law and not interfering with a lower court making conclusions of fact. This means that a higher court will only go but so far to compensate for the biases and perceptions of a judge or jury.

Abuse of discretion or bias can be grounds. Certain types of evidence can be reviewed de novo. Certainly one finding that could be indicative of bias was the judge's determination based on Baker testimony that the Hes had an unsafe home. The court appointed guardian never filed any reports suggesting the home was unsafe or unfit.

Read the opinion. I think you'll be stunned.

[lethal]

Read the opinion. Childers released it on the internet, which I think is an ethical breach. You might also be interested to know that several major law schools are using this case as an example of judicial bias.

I think releasing the opinion is fine. NJ, for instance, releases all unpublished opinions from the App. Div. on the njcourts web site.

Otherwise, I don't have the record, so I can't say if there was abuse of discretion at the trial level, but that is the standard required for an appellate court to overturn. Given that Tennessee is a fairly conservative state, the Supreme Court Justices are probably on the conservative side and probaly will not vote to overturn the trial court (however, I do not know the exact political composition of the Tenn Supreme Court).

I think Tyrone's hit the nail about the same place I've hit the nail.

The trial court got the decision wrong, but it was so abusive as to be overturned. Appeals courts aren't about right and wrong most of the time, but rather what is legally sound or not.

[haplesshobo]

Assuming that the Hes are for real, they really shouldn't have signed that custody agreement. They basically turned what could have been a more clear cut factual case into a credibility battle. Once you build up that kind of paper trail going against what you want, you can't easily move back. Any decision against the Hes can be passed off as a credible judgment on the believability of the parties involved and a reasonable call on what would be in the best interests of the child.

What was the problem with the custody agreement? Was it that they should have never been willing to transfer custody in the first place, or that they signed that particular custody agreement?

And, as you pointed out, once it became a contest of credibility, then the Hes were at a disadvantage given their track record where the Hes had shown a pattern of mendacity which weakened their credibilty. Plus, there seemed to be other witnesses who were collabarating with the Bakers version of events. If the Bakers were really trying to exploit the Hes struggle with the english langauage by having them sign documents the Hes didn't understand, then why would the Bakers insist on getting translaters to make sure the Hes understood the documents the Hes were going to sign to transfer custody? Or, why would the Hes not use the lawyers they had access to when they were signing Anna Mae away? I just got the feeling that perhaps Mr. He was willing to give Anna Mae away to the Bakers, but that Mrs. He didn't want to.

[TyroneK(prettypretty)]

There was no question of "reverting parental rights." The question was about custody and termination of parental rights. Termination of parental rights is nearly always in extreme cases of abuse or neglect. If you've worked in the system, you'd know that the Hes' conduct would not even be considered by most judges for termination of parental rights. In any event, if they're unfit parents, why haven't their other children been seized?

This isn't a case where the parental rights were terminated out of the blue by social services. If social services was involved, then you might have had a situation where all the kids got taken away.

This whole terrible situation came out of signing that custody agreement affecting only one child. Otherwise, the Hes could have made a more convincing argument that their daughter got kidnapped. Basically, the Hes signed an agreement where they agreed to turn custody of their daughter over to the Bakers and also agreed that any reversion of custody would have to be approved by a court. The Court didn't terminate the parental rights as much as they refused to revert those rights back to the Hes. The fact that the Hes didn't think that was what the agreement said (or didn't intend for the agreement to be interpreted as the sole controlling document) doesn't necessarily affect the wording and its legal effect. The Bakers could point to the Hes signing of custody and present their own version of the events that led the court to conclude that the Hes had legally abandonned the child and were now making a half-ass attempt to reassert custody.

If you study adoption law, established authority makes it extremely difficult, if not impossible, for an adoptive parent to change their minds and revoke an adoption. It doesn't matter how sincere the change of heart is.

Abuse of discretion or bias can be grounds. Certain types of evidence can be reviewed de novo. Certainly one finding that could be indicative of bias was the judge's determination based on Baker testimony that the Hes had an unsafe home. The court appointed guardian never filed any reports suggesting the home was unsafe or unfit.

Read the opinion. I think you'll be stunned.

I've read the opinion and I am stunned, but at the same time I don't see enough that would drive a conservative appellate court to overturn the decision as an abuse of discretion. Lower courts are allowed a lot of factfinding and credibility leeway, especially when the higher courts don't want to get involved in the messy business of reexamining evidence and spending too much time digging through the trial court's record. Likewise, the standards for using bias as a ground for overturning a lower court decision usually requires much more than an obvious misunderstanding or contempt for a different culture or a tendency to believe people of certain background over others.

The facts of the situation don't really help the Hes either, as haplesshobo has pointed out. The issues of this case hinged largely on credibility, and as I've explained before, you're not legally entitled to have a court believe you just because you're telling the truth.

I think you'd be stunned by how much people confuse "justice" with the law. Justice is arguably on the Hes side, but the law probably isn't and it's not due to some evil misconstruction. Legal requirements regarding judicial factfinding are almost counter-intuitively basic and bare-boned.

[>:^|]

This isn't a case where the parental rights were terminated out of the blue by social services. If social services was involved, then you might have had a situation where all the kids got taken away.


No, this is worse. This is a case in which the parents' rights were terminated so somebody else could adopt their baby. But in any event, if the Hes are unfit parents, they are unfit parents for all their children.

The Court didn't terminate the parental rights as much as they refused to revert those rights back to the Hes.

Nope. Not the same.

[lethal]

My current case I'm working on is a termination of partental rights case. The trial record and appendicies is over 2000 pages.

These cases are so fact sensitive...

Well, the Appellate Court ruled 2-1, so there was at least a dissent. Is that opinion printed anywhere? I'd like to read the dissent.

Found it on Westlaw. 2005 WL 3132353 (Tenn.Ct.App.)

[SunWuKong]

any updates?

[lethal]

http://familyrightsassociation.com/horror_stories/he/anna_mae_7th_birthday.htm

February 3, 2006

A greeting letter to our beloved daughter, Anna Mae, for her 7th birthday.

Dear Anna,

Your mother, father, sister and brother want you to know that we love you and that you are always with us in our hearts, especially during this time of year when we celebrate your birth that is also the Chinese New Year.

A Judge that you will probably never meet decided in May 2004 that you would no longer live with us, but live instead with the Bakers. We do not know why the Bakers believed they could love you more than your mother and father. We continue to pray that they take good care of you.

Always remember that your mom is Qin Luo, is a good woman who loves all her children. When you get older you will read her name on your birth certificate. She wanted you before you were born and will want and love you every moment for the rest of her life.

Always remember that your dad is Shaoqiang He, a good man who loves all his children. When you get older you will read his name on your birth certificate. He loves you now as he has from the moment he knew you were to arrive in this world.

Your mom and dad always wish you the best, but in the event you need blood transmission or a part of our body for medical reason, we will be available to you.

Your brother is Andy and your sister is Avita. Just like you, they are lovely and adorable. Your brother and sister have faces that always remind us of you, though it has been a long, long time since we last saw your face.

We wish we could look at the faces of all three of our beloved children. We wish we could watch you all grow and learn together. We wish all three of our children could wake up in the same house, see each other--and smile.

Always remember, too, that you are Chinese. We wish you were with us so you could learn not only about your country, America, but also about your Chinese culture. We wish you could, just like your brother and sister, speak both English and Chinese.

We wish when you wake up each morning you were surrounded by people who look like you--the two people who created you--your mother and father.

If you were with us we would love you everyday of your life. Even in your heart-breaking absence that does not change. We love you and always will.

You are not in our home (your home), but you are always in our hearts.

Mom, Dad, Andy and Avita

[Player 0]

^I honestly wonder if she'll ever get this letter, odds are no, the Bakers will say they never heard of such a letter and tell Anna how much her original parents hated her and wanted to leave her behind because they're evil commie Chinese.

[SunWuKong]

please help expand this wiki article:
http://en.wikipedia.org/wiki/Anna_Mae_He

[lethal]

On Monday, April 24, 2006, the TN Supreme Court agreed to hear the appeal of Jack and Casey He to regain custody of their 7 year old daughter, Anna Mae. (http://www.commercialappeal.com/mca/local/article/0,2845,MCA_25340_4647997,00.html)

The Tennessee Supreme Court agreed Monday to hear the long-running adoption and parental-rights case involving 7-year-old Anna Mae He of Memphis.

The state's high court granted the request of the child's birth parents, Shaoqiang 'Jack' He and Qin Luo 'Casey' He, to hear the case. The Hes have sought the return of their first-born for six years, after placing her with Jerry and Louise Baker of Cordova when she was 3 weeks old and the Hes were facing financial and legal difficulties.

The court has not set a date for arguments, to be heard after lawyers for both families file legal briefs outlining the case.

The Hes' appeal follows a state Court of Appeals ruling Nov. 23 that Anna Mae should remain with the Bakers. That 2-1 ruling upheld a 2004 decision by Shelby County Circuit Judge Robert 'Butch' Childers that it was in the child's best interests to remain with the Bakers.

The case has split public opinion in Memphis and attracted international attention.

Anna Mae was born in Memphis in January 1999. Facing difficulties, her birth parents, both Chinese nationals living in the city, placed their baby with the Bakers before she was a month old. They contend the arrangement was temporary. The Bakers said they were to keep the child until she turns 18. They later sought permanent custody.

Much of the case centers around a Tennessee law that considers a child abandoned if parents don't visit or provide support for at least four months. In her dissent in the Court of Appeals ruling, Judge Holly Kirby said the Hes' failure to visit for a time should not be seen as willful because it followed a dispute and they were pursuing recourse in Juvenile Court at the time.

[Faithless]

The judge's opinion http://www.wreg.com/Global/story.asp?S=1863039&nav=3HvDN4ah
Read it. It's long, but damning. I've gotten this far:

Since 1998, Mr. He has repeatedly engaged in a pattern of conduct marked by deceitfulness and dishonesty, without remorse, repentance, or conscience, and has shown a propensity to justify all means, including perjury, for what Mr. He deems to be justifiable ends.
...
Mrs. He is an impetuous person not subject to being intimidated or deterred in achieving whatever she sets as her goal. The evidence shows that she is calculating, almost theatrical, in her actions. The evidence further shows that she is dishonest and manipulative, and has a history of acting in an unstable manner when it serves her own self-interest.

When you've got that kind of court sentiment going against you, you know you are going to get screwed.

.
After reading all the posts in this thread, I'm still confused about what happened? Did the Hes actually sign something that gave up their daughter to adoption, but which they didn't understand? And, if they did that, why would they sign something that gave up their daughter, even temporarily, if they couldn't understand the document?
I think it was the court record that said they understood what they were signing.

.
I like how this "fact" serves its purpose on certain occasions only.

By virtue of being born in the United States, AMH is a citizen of the United States.

http://www.wreg.com/Global/story.asp?S=1863039&nav=3HvDN4ah

.
The Appeals Court ruled 2-1 in favor of the Bakers, but that means 1 judge agreed with the Hes.
...
What was the reasoning behed the lone vote the other way?

.
Has anybody tried "appealing" to the Bakers? http://www.bakerdefensefund.com/

.
The supposed Kirby dissent. http://binhan.home.netcom.com/annamae/KirbyDissent.htm

[SunWuKong]

any updates on this?

[Faithless]

It's hard to find anything current.

There is this: BRIEF OF AMICUS CURIAE: DONGXIAO YUE,... (http://www.parentalrightsandjustice.com/upload/site/1/84/ydx_amicus_brief_e_copy_single_space.pdf) from August 7th, 2006, which comes by way of this site (http://www.parentalrightsandjustice.com/).

...
CONCLUSION

The Hes did not abandon their child A.M.H. There was no willful failure to visit. It will be a violation of Hes’ liberty rights for the Judicial Branch of the State of Tennessee to terminate Hes’ parental rights to A.M.H.

Amicus respectfully asks the Supreme Court of Tennessee to reverse trial court’s ruling on terminating Hes’ parental rights. Amicus respectfully asks the Supreme Court of Tennessee to give the custody of A.M.H back to her birth parents.

[SunWuKong]

the case has been overturned!

By Woody Baird
ASSOCIATED PRESS

11:31 a.m. January 23, 2007

NASHVILLE, Tenn. – The Tennessee Supreme Court cleared the way Tuesday for a Chinese couple to be reunited with the daughter they had placed in foster care with an American family nearly eight years ago.

The court overturned a decision by a Memphis judge who had taken away the parental rights of Shaoqiang and Qin Luo He, ruling that they had abandoned the child. That decision attracted widespread publicity and was criticized as ethnically biased.

Their daughter, Anna Mae He, has been living with Jerry and Louise Baker in suburban Memphis since she was 3 weeks old. Anna Mae turns 8 later this month.

The Bakers have been trying to adopt the child over her parents' objections and refuse to give her up.

The state's highest court agreed with the Hes who had argued for years that they sent Anna Mae to live with the Bakers only temporarily because of their legal and financial hardships.

“This evidence overwhelmingly shows that the parents' voluntary relinquishment of custody was entered as a temporary measure to provide health insurance for (Anna Mae) with the full intent that custody would be returned,” the court said Tuesday.

Anna Mae was born in January 1999 shortly after her father, a student at the University of Memphis, was accused of a sexual assault. He was ultimately acquitted, but the charge cost him a scholarship and the student stipend that was his family's primary source of income.

The Hes had said they wanted to return to China, but could not leave Anna Mae behind. On Tuesday, Shaoqiang He said they hope to get the girl back soon and are now unsure whether they will move back to their homeland.

Jerry Baker declined to talk about the ruling until he and his lawyer discuss it. “Right now, we're not sure what we're going to do,” Baker said. “We're going to try to do what's best” for Anna Mae.

The Bakers have said Anna Mae has no connection to her biological parents, and contend she would have a better life in the United States than in China. They have described her as an ordinary, happy child who did not completely understand the legal fight surrounding her.

The Supreme Court agreed with critics of the lower courts that living conditions in China were not relevant in this case.

“Financial advantage and affluent surroundings simply may not be a consideration in determining a custody dispute between a parent and a non-parent,” the court wrote.

In 2004, Chancery Court Judge Robert Childers of Memphis took away the Hes' parental rights, ruling that they had abandoned Anna Mae under Tennessee law by not visiting her for four months.

Lawyers with the Child Advocacy Clinic at the University of Memphis, Loyola University in Chicago and Vanderbilt University in Nashville had argued that Childers was wrong to compare the parenting skills of the Bakers and the Hes or to consider whether Anna Mae would have a better life in suburban America than in China.

The Supreme Court on Tuesday sent the case back to the Shelby County Juvenile Court, where the custody fight began, and ordered it to resolve the dispute “with a view toward reunification” of Anna Mae with her biological parents.

Shaoqiang He said he and his wife will move as quickly as possible to get their daughter back.

“When she wakes up each morning, she'll wake up and see her mother and daddy and her brother and sister, and we'll all have the same faces she has,” he said.

[SunWuKong]

another article:
http://www.myeyewitnessnews.com/news/local/story.aspx?content_id=a56de018-7c86-48b3-878f-56ffb2af0881

[lethal]

The Written Opinion of the Tennessee Supreme Court

5-0 decision!

http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/071/AMHOPN.pdf

[urbia]

Finally.

[moser]

^ Seriously. Though I hope the kid turns out all right; that's a huge adjustment she's going to have to make.

Hope the Hes sue the hell out of the Bakers....

[Faithless]

Woo hoo! Have a good life in China, Anna Mae.

[snailpoo]

It's the right decision that should have been made years ago, but now?Holy crap, she's 8. Will she be able to adjust? What has been ingrained in her, and can she start over without the only family she's ever known? Wouldn't that turn her world upside down? Imagine having to not only to move to a different country, but move with a different set of parents? And what have the Bakers told her about the Hes? What if they told her their version?

There's just no winners in this case.

[SunWuKong]

It's the right decision that should have been made years ago, but now?Holy crap, she's 8. Will she be able to adjust? What has been ingrained in her, and can she start over without the only family she's ever known? Wouldn't that turn her world upside down? Imagine having to not only to move to a different country, but move with a different set of parents? And what have the Bakers told her about the Hes? What if they told her their version?

There's just no winners in this case.

yeah, i worry about that, too. hopefully they'll agree to a slow transition for Anna Mae to go back to her parents.

[VV o n g B a]

reading about this still makes my blood boil. glad her parents got custody, but man... she's gonna be a messed up kid.

[sandra]

8 years...and recall the 4 months that they "neglected to visit" was because the bakers didn't allow them to do so. how easy the court made it for a white couple to take a baby away from a chinese family.

[tripostrophe]

:)

[sandra]

not sure if i missed something, but the court doesn't actually rule that anna is to be reunited.

[SunWuKong]

not sure if i missed something, but the court doesn't actually rule that anna is to be reunited.

i only read two articles about it, and not the opinion itself, and what i understand is that the Tennessee Supreme Court overturned Childers' decision to take away the Hes' parental rights, and that the case is sent back to "Shelby County Juvenile Court, where the custody fight began, and ordered it to resolve the dispute “with a view toward reunification” of Anna Mae with her biological parents."

[lethal]

not sure if i missed something, but the court doesn't actually rule that anna is to be reunited.

Having found that the trial court erred in terminating Shao-Qiang (“Jack”) He’s and Qin (“Casey”) Luo’s parental rights, we dismiss the Petition for Adoption and Termination of Parental Rights and reinstate the parental rights of Shao-Qiang (“Jack”) He and Qin (“Casey”) Luo. Further, we revoke the parental consent to the change in custody and guardianship, vacate the juvenile court and chancery court orders concerning visitation, and designate the current custody and guardianship orders as temporary in nature.

The judgment of the Court of Appeals is reversed. As the reinstatement of parental rights resolves the issues presented by the Bakers in chancery court, we remand this case to the chancery court for the transfer of jurisdiction over the remaining issues to the Juvenile Court of Shelby County where the modification of custody hearing originated. We direct the chancery court to complete this transfer within twelve days of the entry of this judgment. Cf. Tenn. Code Ann. § 36-1-118(e)(4)(A)
(2005). The Juvenile Court of Shelby County is directed to consider, prepare, and implement a plan to resolve the pending custody matter with a view toward reunification of A.M.H. with her natural parents, Shao-Qiang (“Jack”) He and Qin (“Casey”) Luo, in a manner that minimizes trauma to the child.

[Dimeron]

A.M.H court case aside, is it me or has the dad been charged (but not found guilty) for sexual assault twice? That seems rather strange. Anyone got any more details on that? If the first case happened via a mis-understanding, you would think he would have taken extra measures to ensure that the same thing would not happen again.

So either he did something bad, someone is out to get him, or just happens to be a really friendly person?

[Dimeron]

PS. I will not comment on the whole court case, but I will say this, as someone who has to personally experience horrible legal battles between divorced parents from a young age, I can only imagine how much it must suck to be A.M.H. And I thought the shit I had to go through was bad.

[Seraphfire]

It's about time.

And the judges made the Bakers pay for the appeal too!

[Player 0]

This should've occurred from the very beginning.

[mr. x]

This should've occurred from the very beginning.
course by now she's got the whole "China = pisspoor" thing in her head

[lethal]

The US Supreme Court has denied an application for a stay. I think this case is effectively over.

http://www.supremecourtus.gov/docket/06a783.htm

[SunWuKong]

The US Supreme Court has denied an application for a stay. I think this case is effectively over.

http://www.supremecourtus.gov/docket/06a783.htm

well, the Shelby County Chancery Court is supposed to handle the transfer of custody and guardianship. did the Tennessee Supreme Court set a time frame for the transfer? after how the Tennessee justice system has totally screwed this up, i'm going to wait and see what happens. the Shelby County Chancery Court could potentially drag the actual transfer on-and-on. hopefully the Hes won't have to go to the Tennessee Supreme Court again, to ask for a smack down of the Shelby County Chancery Court.

[lethal]

well, the Shelby County Chancery Court is supposed to handle the transfer of custody and guardianship. did the Tennessee Supreme Court set a time frame for the transfer? after how the Tennessee justice system has totally screwed this up, i'm going to wait and see what happens. the Shelby County Chancery Court could potentially drag the actual transfer on-and-on. hopefully the Hes won't have to go to the Tennessee Supreme Court again, to ask for a smack down of the Shelby County Chancery Court.

The Tenn Supreme Court said 12 days from the date of the decision, which was 1/23, so it should be done by now. Once the US Supreme Court ordered that there would be no stay of that Tennessee decision, the custody transfer should've occurred immediately.

[SunWuKong]

The Tenn Supreme Court said 12 days from the date of the decision, which was 1/23, so it should be done by now. Once the US Supreme Court ordered that there would be no stay of that Tennessee decision, the custody transfer should've occurred immediately.

oh, i thought they were going to have a period of re-adjustment where they bring in all kinds of psychologists and counselors?

god. this can't be good for the kid.

[SunWuKong]

ok, here's what i was looking for. according to the denial of the Bakers' Petition to Rehear:
... Upon remand, the chancery court has twelve days to transfer this case to the Juvenile Court of Shelby County. The juvenile court is vested with such authority as is necessary to “consider, prepare, and implement a plan to resolve the pending custody matter with a view towards reunification of A.M.H. with her natural parents.”...

so we'll see how the Juvenile Court of Shelby County handles the transfer. it is the juvenile court that could drag things on-and-on.

http://www.foramh.com/upload/site/1/22/baker-he.ord.denying_020907.pdf

[SunWuKong]

http://www.abcnews.go.com/GMA/story?id=2891978&page=1

the Bakers have gone to ABC News about what happened and ABC News basically did a completely one-sided story that sympathises with the Bakers. what's really worrying is that Anna Mae has said she "never" wants to go to China and she doesn't eat Chinese food anymore.

and Bakers were going to be the parents that'll help Anna Mae deal with being Chinese and Asian in the US? this just strengthens my opinion that Anna Mae ought to be reunited with the Hes.

[SunWuKong]

the Bakers have set up a website, and there's a forum on it. most of the people there argue in favour of the Bakers.

http://pub46.bravenet.com/forum/3873316436/show/1077253

[moser]

The Bakers are a bunch of <redacted>. They're especially selfish and <redacted> for trying to bias the child against the Hes so that they can keep her. At this point, the very least they should be doing is being concerned about Anna Mae's well being and helping her adjust, not trotting her out to the media and adding an additional trauma.

And according to this article (http://www.usatoday.com/news/nation/2007-02-20-custody-battle_x.htm), Anna Mae should have been reunited with her parents today.

[Thanol]

http://www.abcnews.go.com/GMA/story?id=2891978&page=1

The girl, who was born and raised in the United States, has rejected her Chinese heritage, saying she "never" wants to go to China.

She won't eat Chinese food anymore, and tells people that she's Mexican.

Good god. The poor girl has been poisoned by their prejudice. She should've been ripped from their custody long ago.

EDIT: It seems like the Bakers bribed/led Anna in those questions. Disgusting. They're exacting her to even more torment. They've lost fair and square this time. Let the child heal.
http://www.foramh.com/upload/cat/2/78/baker-coax-amh-s.gif

[Player 0]

http://en.wikipedia.org/wiki/Stolen_Generation

This is my personal theory of what the Baker's are trying to do, of course they're probably trying to start on a much smaller scale and work their way up.

[Player 0]

the Bakers have set up a website, and there's a forum on it. most of the people there argue in favour of the Bakers.

http://pub46.bravenet.com/forum/3873316436/show/1077253

Well, i'm officially trolling, who's with me?!

[SunWuKong]

that is truly disgusting that Jerry Baker paid her $5 to answer questions in front of the camera. and apparently, when asked whether she wanted her last name to be "He" or "Baker", she refused to answer.

[dialectic44]

What the Bakers, Mid-South, and Judge Childers have done is deplorable.

If anyone wants a summary of the details of the judgments, and the ridiculous errors in reasoning therein, I wrote a summary on Fighting44s which a law professor has read and is cool with.

While there have been quite a few articles written criticizing the judgments, they are either brief soundbites in newspapers or online, or are written in very technical legal jargon. I went through the judgments at all three levels and walk the reader through just how biased and ridiculous the judgments were, using what I hope is normal and understandable language. I feel very strongly about this case. It's a long piece, but I think it's important to know and spread the word about what happened.

On a separate note, the Bakers actually tried to do two things after the Supreme Court issued their judgment. They tried to get the court to re-hear, which the court refused. It seemed they were also deliberately acting dumb when it came to one of the instructions the court issued, that is, to get the guardian and attorney ad litem off the case, so the court had to clarify that.

Then, as someone mentioned above, they tried to get the U.S. Supreme Court to stay the proceedings, which they thankfully refused. As I understand it, most of the time the U.S. Supreme Court defers to the state Supremes in cases of state law (whereas in Commonwealth countries, national Supreme Courts are considered supreme over all others), so this was a long shot for the Bakers anyway.

Now we'll see what kind of media support they can stir up to try to interfere with the transition process.

[Player 0]

^Mind posting a link?

[SunWuKong]

What the Bakers, Mid-South, and Judge Childers have done is deplorable.

If anyone wants a summary of the details of the judgments, and the ridiculous errors in reasoning therein, I wrote a summary on Fighting44s which a law professor has read and is cool with.

While there have been quite a few articles written criticizing the judgments, they are either brief soundbites in newspapers or online, or are written in very technical legal jargon. I went through the judgments at all three levels and walk the reader through just how biased and ridiculous the judgments were, using what I hope is normal and understandable language. I feel very strongly about this case. It's a long piece, but I think it's important to know and spread the word about what happened.

On a separate note, the Bakers actually tried to do two things after the Supreme Court issued their judgment. They tried to get the court to re-hear, which the court refused. It seemed they were also deliberately acting dumb when it came to one of the instructions the court issued, that is, to get the guardian and attorney ad litem off the case, so the court had to clarify that.

Then, as someone mentioned above, they tried to get the U.S. Supreme Court to stay the proceedings, which they thankfully refused. As I understand it, most of the time the U.S. Supreme Court defers to the state Supremes in cases of state law (whereas in Commonwealth countries, national Supreme Courts are considered supreme over all others), so this was a long shot for the Bakers anyway.

Now we'll see what kind of media support they can stir up to try to interfere with the transition process.

well, i don't think the Tennessee Supreme Court has denied the Juvenile Court from appointing an ad litem for Anna Mae. so with this media coverage that they've done, i think what they're trying to do now is to argue not from the context of parental rights, but from the context of what Anna Mae wants, and probably attempt to have that override the issue of parental rights. it's blatantly obvious. they have videos of her saying she never wants to go to China, and they are interviewed as saying that the Hes will take her back to China. i'm not a lawyer or anything, so i don't know what the Bakers' options are. what we do know is that Juvenile Court is handling the transfer of custody, and personally i don't think we're in the clear yet.

[dialectic44]

^Mind posting a link?

Sorry, since I'm a new member (I can't remember what my old login was, and I only made a couple posts at most under it anyway), the system won't let me post a link for fear of spammers.

Go to thefighting44s.com and click on the article at the top of the page that says "Little Girl Found: Commentary on the Case of Anna Mae He."

As for the ruling concerning the ad litems, all they said was the current ones could no longer have anything to do with the case.

As far as I know, at this point the only thing the Bakers can do strictly within the legal system is negotiate transition terms: amount of visitation and the like. Of course, with media support and whatever other political and financial support they can get, I suppose anything is possible.

[SunWuKong]

Sorry, since I'm a new member (I can't remember what my old login was, and I only made a couple posts at most under it anyway), the system won't let me post a link for fear of spammers.

Go to thefighting44s.com and click on the article at the top of the page that says "Little Girl Found: Commentary on the Case of Anna Mae He."

As for the ruling concerning the ad litems, all they said was the current ones could no longer have anything to do with the case.

As far as I know, at this point the only thing the Bakers can do strictly within the legal system is negotiate transition terms: amount of visitation and the like. Of course, with media support and whatever other political and financial support they can get, I suppose anything is possible.

here's the link:
http://www.thefighting44s.com/archives/2007/02/19/little-girl-found-commentary-on-the-case-of-anna-mae-he/

good job compiling that together.

anyway, i think the Bakers asked the Juvenile Court, and was granted, an ad litem to be appointed to Anna Mae. the Bakers no longer have any case in terms of arguing for parental rights, but i'm wondering if it's possible for Anna Mae's ad litem to argue in court against the custody transfer, from the context of what Anna Mae wants, and whatever rights she has as a minor.

here's a forum that i think might have been set up by the Bakers.

http://pub46.bravenet.com/forum/3873316436/show/1077253

weigh in if you have any insight.

[Banana]

http://www.usatoday.com/news/nation/2007-02-20-custody-battle_x.htm

Later, as Jerry plays checkers with Anna, he tries to coax out some sound bites for the camera. He ups the ante by offering to pay her $5 for every answer she gives. Anna is willing to make five bucks fast.

WTF is that?!

[Player 0]

http://www.usatoday.com/news/nation/2007-02-20-custody-battle_x.htm

Later, as Jerry plays checkers with Anna, he tries to coax out some sound bites for the camera. He ups the ante by offering to pay her $5 for every answer she gives. Anna is willing to make five bucks fast.

WTF is that?!

The Baker's idea of good parenting.

[SunWuKong]

http://www.usatoday.com/news/nation/2007-02-20-custody-battle_x.htm

Later, as Jerry plays checkers with Anna, he tries to coax out some sound bites for the camera. He ups the ante by offering to pay her $5 for every answer she gives. Anna is willing to make five bucks fast.

WTF is that?!

yeah, foramh.com caught that one basically as soon as the ABC News article/video came out. he even pressed her to answer whether she wants her last name to be He or Baker. that one she refused to answer despite the promise of money. maybe there's hope for her yet.

and who knows if the Bakers had actually told her exactly how she should answer before the cameras came. this is just disgusting. even if we just look at the welfare of Anna Mae, it's pretty apparent that the Bakers are not good parents.

[SunWuKong]

so i've been trolling around for internet opinions on this whole thing for the past couple of days. since the ABC article and video, a lot of people have pitched in their opinions. there are many people who instinctively side with the Hes, and also people who actually take the time to read the history and realise how wrong the Bakers are. but there are people who just see the ABC News article and video and think that the Hes are just all of a sudden trying to get Anna Mae back after abandoning her for 8 years. a lot of people don't seem to realise that the Hes never intended to give her up permanently, and have been trying to get her back all these years, almost right after they gave her to the Bakers. there is a lot of misinformation about this case.

i think one thing should be noted is that, for the most part, and correct me if i'm wrong, Asian transracial adoptees have been pretty angry with how the Bakers have kept her away from the Hes.

[Banana]

Is there any way to get the story out that the Bakers have been bribing Anna to say certain things?

This is beyond sick.

[SunWuKong]

Is there any way to get the story out that the Bakers have been bribing Anna to say certain things?

This is beyond sick.

well, we don't know that for certain, but it really wouldn't surprise me if they did that. i've posted up that USA Today story in some forums out there with people who are not aware of what the Bakers did.

i'm sure the Bakers love Anna Mae, but it's very apparent that they're not the best parents for her. the funny thing is that they were trying to get sympathy with the recent media coverage of Anna Mae herself, but a lot of people saw it and was disgusted with the Bakers. but granted, it was also many people's only idea of the situation, so the Bakers have won over those that saw her only as a happy little girl that'll be yanked from her family. basically the Baker's stunt really polarised general opinions.

i really hope that the people involved makes the transition as easy as possible, and that Anna Mae accepts her real parents. right from the beginning when i read about her story, i already thought, what the hell is she going to think when she grows up and read about how the Bakers have taken her away from her biological parents, who had always wanted her back in the first place?

how many personal stories have we heard, in our personal lives and even on this site itself, of transracial adoptees finding a sense of ethnic identity when they're adults? it's really disheartening to see how Anna Mae has been growing up in the context of what she thinks of China and her Chinese heritage.

[eos]

reading this whole thread just made me so angry. while i'm happy that she will be able to be with her parents, her distorted view on her true heritage will possibly confuse her and maybe cause self-hatred. i'm angry and sad at the same time. this affects me so much because where i work, i see many white families with their adopted chinese girls and i can't help but wonder about the parents' motives or ideology. most of the time, the parents seem more interested than the kids and that's kinda disheartening to me. just my thoughts.

[lethal]

The US Supreme Court declined to hear the Bakers' appeal.

The Bakers are trying one last desperate court filing, which should be unsuccessful. If that's the case, Anna Mae should be reunited with her natural parents by July.

http://www.abcnews.go.com/TheLaw/story?id=3313577&page=1

[tripostrophe]

Thank goodness. I hope she's able to resolve any identity issues and the like, and grow up healthy and happy.

[SunWuKong]

by the way, the Tennessee state House passed a law called the Anna Mae He Act. it's supposed to make sure cases like Anna Mae's don't happen again. the Senate is going to wait till next year before voting on it.

http://www.tennessean.com/apps/pbcs.dll/article?AID=/20070604/NEWS0201/70604070/1001/NEWS

[tripostrophe]

From AAM

6.29.2007
supreme court denies anna mae he case
This week, the U.S. Supreme Court refused to review the custody battle over Anna Mae He, and denied the Bakers' application to stop the Tennessee Supreme Court mandate ordering that Anna Mae He be reunited with her birth parents, Jack and Casey He: Supreme Court: Decision Stands for Anna Mae He. The ruling appears to be the end of this long and painful legal battle... though the Bakers are still fighting to the bitter end. In federal court papers filed June 12, 2007, the Bakers made another plea to overturn the Tennessee Supreme Court ruling. They're just not giving up. But if the federal court doesn't intervene, 8-year-old Anna Mae is expected to be permanently reunited with her biological family and two younger siblings sometime in late July. And lets face it—that's not going to be easy.

http://abcnews.go.com/TheLaw/story?id=3313577&page=1

[Paradox]

From AAM

6.29.2007
supreme court denies anna mae he case
This week, the U.S. Supreme Court refused to review the custody battle over Anna Mae He, and denied the Bakers' application to stop the Tennessee Supreme Court mandate ordering that Anna Mae He be reunited with her birth parents, Jack and Casey He: Supreme Court: Decision Stands for Anna Mae He. The ruling appears to be the end of this long and painful legal battle... though the Bakers are still fighting to the bitter end. In federal court papers filed June 12, 2007, the Bakers made another plea to overturn the Tennessee Supreme Court ruling. They're just not giving up. But if the federal court doesn't intervene, 8-year-old Anna Mae is expected to be permanently reunited with her biological family and two younger siblings sometime in late July. And lets face it—that's not going to be easy.

http://abcnews.go.com/TheLaw/story?id=3313577&page=1

The Bakers sound pretty wacked out to me. I hope this doesn't end in a murder suicide or something. Who knows what they are thinking at this point. Anyone that is desperate enough to try and take a kid away from their birth parents is probably capable of much more.

[SunWuKong]

just FYI, the Bakers have given up and Anna Mae has been reunited with her real parents.

[ahsingjai]

http://en.wikipedia.org/wiki/Anna_Mae_He_affair

In January 2007, the Tennessee Supreme Court, in a unanimous decision, authored by Chief Justice William M. Barker, reversed the ruling by the state Court of Appeals and ordered that Anna Mae He be returned to her biological parents. In its ruling, the Court said, "We hold that the parents of Anna Mae He did not voluntarily transfer custody and guardianship of Anna Mae He to the Bakers with knowledge of the consequences and, therefore are entitled to superior rights to custody." and "the evidence does not support a 'willful failure to visit' as a ground for abandonment." The case must now cycle back through the Shelby County Chancery Court as the process of returning the child to her biological parents begins. The Bakers will have to pay all legal fees, according to the opinion.

After the judgment was entered, on 2007-02-02, the Bakers motioned the Tennessee Supreme Court to rehear the case and stay the custody transfer. The Tennessee Supreme Court promptly denied both motions on 2007-02-09 and ordered the Bakers to pay costs "for which execution may issue if necessary". Immediately thereafter, the Bakers petitioned to the U.S. Supreme Court to stay the transfer of custody. The U.S. Supreme Court denied Bakers' requests on 2007-02-12, thus putting an end to the legal battle for custody.

Transfer of custody

After the final decision of the Tennessee Supreme Court, Anna Mae He is to be returned to her biological parents. The Bakers do not have any residual rights over Anna Mae. The process is to be supervised by the Tennessee Juvenile Court.

On February 21, 2007, the Bakers released videos of Anna Mae, showing what Baker interpreted as Anna Mae He's rejection of her Chinese heritage, saying she "never" wants to go to China. She won't eat Chinese food anymore, and tells people that she's Mexican. According to a report from USA Today dated February 21, 2007, Jerry Baker paid Anna Mae $5 for each question she answered, such as "Where do you want to grow up United States or China?" and "What do you want your last name to be, Baker or He?" The USA Today article noted that she refused to answer the question of whether she wants her last name to be "He" or "Baker." Juvenile Court Judge Curtis Person expressed displeasure that Anna Mae was exposed to this media coverage in the Bakers' home, and may issue a gag order if it continued.

Anna Mae had her first visit with the He family on March 15, 2007. It was a two-hour visit at an undisclosed location that included a court-appointed psychologist. Judge Curtis Person has said that the psychologist will be responsible for arranging a series of meetings over a period of four weeks, with the visits increasing in duration and frequency. According to Jack He, the first meeting proceeded much better than he and Casey He expected, and that Anna Mae was not crying, upset, or hostile. A second meeting took place on March 18, 2007, also at an undisclosed location.

The Bakers petitioned for appeal at the U.S. Supreme Court. They also twice sought to stop the custody transfer. After a vote by the justices, the U.S. Supreme Court denied Bakers' petition and their applications for stay of custody transfer. Bakers then filed a lawsuit in Federal district court against the juvenile court and the attorney general of Tennessee. The U.S. district court dismissed Bakers' suit for lack of subject matter jurisdiction. With legal recourse exhausted, the Bakers finally gave up.

A court-appointed guardian went to Jerry and Louise Bakers' Memphis home on Friday, July 20, 2007 to pick up Anna Mae He. Anna Mae is fully reunited with her biological parents on Monday, July 23, 2007.



Anna Mae He Act
http://www.memphisdailynews.com/Editorial/StoryLead.aspx?id=97112

[SunWuKong]

according to foramh.com, the Hes are moving back to China.

http://www.foramh.com

anybody have any news about how Anna Mae is adjusting back to her life with the Hes?

[Napoleon Chynamite]

Whoa I dunno how something like this slipped under my radar. So this is the Anna Mae case everyone was talking about a while back. Reading through this entire thread for the first time was almost like watching a movie based on a true story that kept me on the edge of my seat, with emotions ranging from empathy and anger to hope and anticipation. I'm glad it had a happy ending. I would also be interested in knowing how Anna is faring with her biological parents/family.

Edit: Well, happy ending in that as far as my perspective is concerned justice was served, but it's still unbelievably sad that Anna would have to make that type of transition after 8 years of litigation.

[Banana]

Way to join in on an years old conversation, Hube.

[Napoleon Chynamite]

Way to join in on an years old conversation, Hube.

ur mom

[Napoleon Chynamite]

http://www.nytimes.com/2007/12/30/us/30adopt.html?ex=1356670800&en=5c40b81d9a195c8d&ei=5090&partner=rssuserland&emc=rss&pagewanted=all

_____________________________________


Custody Resolved, a Move Looms

By THE ASSOCIATED PRESS
Published: December 30, 2007

MEMPHIS (AP) — An 8-year-old girl taken from an American couple and returned to her Chinese parents after a seven-year custody fight faces another big adjustment: moving to China.

Anna Mae He with her mother, Qin Luo He. Anna is getting to know her family after years of living with foster parents.

The girl, Anna Mae He, rejoined her parents, Shaoqiang and Qin Luo He, in July, under orders from the Tennessee Supreme Court. She had lived with an American couple who took her in as an infant to help her financially struggling parents and then refused to give her back.

Now, with the custody fight resolved, Anna’s family faces deportation. Her father says it is time to head home to China.

“Next month, we’re going to do the paperwork with a federal immigration judge,” Mr. He said recently at his family’s small, two-bedroom apartment on the outskirts of Memphis.

Mr. He came to Tennessee to attend graduate school at the University of Memphis, but his student visa expired years ago. He was allowed to remain in the United States because of the custody fight, which began in May 2000 and ended with the court ruling in January.

“We always wanted custody to move back to China as a family,” Mr. He said.

An immigration judge agreed four years ago to delay ruling on the Hes’ immigration status, but Mr. He said that decision could come anytime now.

“If deported, we might never come back again,” Mr. He said. “With a voluntary departure, we don’t get an order.”

Mr. He said he expected to return to China by the end of February. A Memphis church, New Sardis Baptist, has begun a drive to help pay for the family’s move.

Ashok Kara, a family psychologist working with the Hes on Anna’s transition, said the girl was warming toward her parents and was getting along well with her brother, Andy, 7, and her sister, Avita, 5.

“At least on the surface, things are moving in a very positive direction,” Dr. Kara said. “She’s happy. She talks. She laughs. She jokes. Although beneath the surface where things are not easily observed, we don’t quite know what’s going on.”

A third grader, Anna earned all A’s and E’s on her latest report card. “She participates well when called up,” her teacher wrote. “I enjoy having her in class.”

Anna’s former foster parents, Jerry and Louise Baker, won a court order five years ago barring the Hes from any contact with Anna, so she is still just getting to know her family.

But piled up on a living room sofa one recent evening to watch cartoons, Anna, Andy and Avita shared the easy laughter of comfortable playmates.

Anna ignored questions about China or the pending move, focusing instead on the TV and a book of children’s poetry called “Falling Up.” She did find time, though, to occasionally poke Andy in the side with a foot, setting off bouts of giggling.

“She has been learning Chinese, but she’s a little bit afraid of the language,” her father said. “She told me it’s very difficult, this language. But she’s becoming more curious about China. She asks about the schools, the teachers, the children, what’s the subjects that are taught.”

Anna was born in January 1999 with her parents facing hard times financially and legally. Mr. He was accused of sexual assault by a female student at the university, a charge that cost him his scholarship and student stipend though he was acquitted at trial.

The Bakers, a suburban Memphis couple with four children of their own, were introduced to the Hes through a private foster-care organization. They volunteered to take in Anna for a few months but decided later to adopt her, even though the Hes wanted her back.

The Bakers accused the Hes of being unfit parents and argued that Anna would have a better life in America than in China.

In 2004, a Memphis judge took away the Hes’ parental rights on grounds of abandonment, a decision that drew widespread criticism as culturally and ethnically biased.

The Tennessee Supreme Court ruled that the Hes thought they were giving up their daughter for a short time so she could get health insurance and lost custody largely because of their ignorance of American law. It ordered the family to be reunited.

Dr. Kara said he had hoped Anna would have more time to bond with her family before moving to a country with an unfamiliar culture and language.

“But the way things were set up, they were allowed to stay here until a resolution, and the resolution has taken place,” he said.

________________________

Do E's stand for "excellent" nowadays? Back in my time they meant something else.

[AngryABCGirl]

http://graphics8.nytimes.com/images/2007/12/30/us/30adopt.650.jpg

pic with the article

[Banana]

And she's in an dirty Chinese supermarket. She's Asian now.

[SunWuKong]

article from Associated Press:

http://ap.google.com/article/ALeqM5iYyHZogRriOsGRJA2wWgbZ-y6j1QD8TUNVG81

A Chinese couple who fought for seven years to get their daughter back from foster care won a judge's approval Thursday to avoid deportation by leaving the United States voluntarily.

-snip-

Shaoqiang He said he may seek permission to temporarily return to the United States if Anna develops serious psychological or emotional problems.


she looks happy in the pictures. but of course, pictures can be deceiving. it probably would have been better if they stayed in the US, but it doesn't look like they actually have any choice. if they were deported, they (at least the parents) would be barred from entering the US for the next 10 years.

here's another article that has a little more info.
http://www.commercialappeal.com/news/2008/jan/04/decision-may-help-he-family/

[sandra]

it's a good thing that she has siblings who are close in age who have probably helped her adjust.

just think - when courts screw up, people lose 5 years of their lives. a simple decision on the judge's part, that he maybe took no more than half an hour (if that) on each day of their hearing to consider, and the matter probably hasn't crossed his mind since then. all you need is an asshole of a judge - and those aren't hard to find.

i think the worst part of it all is the fact that it didn't have to be this difficult for the he's. someone along the way screwed up not because he had different values or anything like that, but because he didn't care enough or was ignorant.

[SunWuKong]

here are more articles:
http://www.commercialappeal.com/news/2007/dec/24/annas-journey-5-months-later-a-new-life-annas-5/
(photos (http://www.commercialappeal.com/photos/galleries/2007/dec/21/anna-mae-he/))
http://www.washingtonpost.com/wp-dyn/content/article/2007/12/29/AR2007122900192.html
http://www.stnn.cc/feature/200712/t20071218_695368.html
http://news.cctv.com/china/20071227/100550.shtml

[raacluse]

just think - when courts screw up, people lose 5 years of their lives. a simple decision on the judge's part, that he maybe took no more than half an hour (if that) on each day of their hearing to consider, and the matter probably hasn't crossed his mind since then. all you need is an asshole of a judge - and those aren't hard to find.

i think the worst part of it all is the fact that it didn't have to be this difficult for the he's. someone along the way screwed up not because he had different values or anything like that, but because he didn't care enough or was ignorant.

Hope things work out for the He's.

It's interesting or coincidental that this case occurred in a place where horrifying adoption practices occurred in the first half of the 20th century. I recently ran across the following book in my local library:

The Baby Thief: The Untold Story of Georgia Tann, the Baby Seller Who Corrupted Adoption (http://www.amazon.com/Baby-Thief-Georgia-Corrupted-Adoption/dp/0786719443) by Barbara Bisantz Raymond (Carroll & Graf, 2007)

from the Publishers Weekly review:

An episode in American adoption history little remembered by the public at large, the crimes of nationally-lauded Memphis orphanage director Georgia Tann are skillfully and passionately recounted by freelance writer Raymond, herself an adoptive mom. The portrait of Tann that emerges is a domineering, indefatigable figure with an insane commitment to ends-justify-the-means logic, who oversaw three decades of baby-stealing, baby-selling and unprecedented neglect. Meanwhile, she did more to popularize, commercialize and influence adoption in America than anyone before her. Tann operated carte blanche under corrupt Mayor Edward Hull Crump from the 1920s to the '50s, employing a nefarious network of judges, attorneys, social workers and politicos, whom she sometimes bribed with "free" babies; her clients included the rich, the famous and the entirely unfit (who more than occasionally returned their disappointing children for a refund). "Spotters" located babies and young children ripe for abduction-from women too uneducated or exhausted to fight back-and Tann made standard practice of altering birth certificates and secreting away adoption records to attract buyers and cover her tracks-self-serving moves that have become standard practice in modern adoption. A riveting array of interviews with Tann's former charges reveals adults still struggling with their adoption ordeal, childhood memories stacked with sexual abuse, torture and confusion...

[sandra]

i'm watching abc right now and they just showed announced that they will be airing a special on the anna mae he case this friday. they didn't use her name, but i'm pretty sure i recognized her face. abc's words essentially were:

"why is this american girl being taken out of her home and sent to china? why is she forced to leave the only country she knows?"

i guess an objective portrayal of the facts would be wishful thinking.

apparently this has aired before. here's one girl's blog about it:

Anna Mae He: Children Should Not Settle Custody Disputes
author: kirsten anderberg e-mail: kirstena@resist.ca
I was very disturbed by a news story I saw recently about a girl named "Anna Mae." Her biological parents are Chinese, and the adopting parents are a white American family. The biological parents want Anna Mae back. Video footage from the house of her adoptive family, showed them asking her if she wants to go to China and she says, "...no, never...," etc. 8 year old children should not be dragged into custody battles between adults...
Children Should Not Settle Custody Disputes
By Kirsten Anderberg (www.kirstenanderberg.com)
Feb. 22, 2007

I was very disturbed by a news story I saw recently about a girl named "Anna Mae." ABC News summarized the story as an adoption case gone awry. They reported her biological parents faced economic crisis due to a medical emergency in the immediate family, so they gave her up for adoption. Her biological parents are Chinese, and the adopting parents are a white American family. The biological parents want their child back. And the things I saw on the video footage that ABC News aired, from the house of her adoptive family, brought flashbacks of when I was 8, just like Anna Mae now, in a judge's chamber alone, being asked who I wanted to live with. Eight year old children cannot make the types of decisions that these adults are forcing upon this child. And it seems obvious that children should not be settling custody disputes, especially their own.

When I was 8, my dad had dragged my mom all the way to the highest courts in California with grueling custody battles for me. It finally cumulated in me at a hearing with my mom and dad present, and I was taken alone into the judge's chambers with an older white male judge in a black robe. He sat me down alone, away from the drama of the courtroom, where I saw my mom and dad parading our family friends onto the stand to defame each other repeatedly, and asked me who I wanted to live with. He asked me if I wanted to live with my mom or my dad. Now, my mom was an amphetamines addict, who would sleep for days on end, and then be up for days on end with no sleep, and she left me alone in apts. without food, without supervision, and it was very scary as a child. I often worried my mom was dead in our apt. The apt was dark, and I was alone a lot with this woman that might be dead, I was not sure. And I put myself to bed next to her near-dead body in her bed, as a 6 year old. Finally she was rushed away in an emergency and had to have all of her teeth pulled, to save her life. It was a pretty hectic and frightening childhood with her. So, you would think I would choose my dad as my custodian, but I didn't.

Family is a complex situation. My mom, well, I worried about her being alone, first of all. I worried that she would die if I, the child, was not with her. But my dad was a successful engineer and he had a nice apt. with a pool, and a nice car, and he took me out to dinner, and to Disneyland, etc. You really would think I would choose him. But when the judge asked me who I wanted to live with, I said I wanted my parents to get back together and to live with both of them (they had been divorced and fighting aggressively for 4 years by then). I was alone with this judge and I chose *both* my parents. Because that is the level of innocence an 8 year old child has, even after being dragged through endless custody battles. I just wanted them both. And I see this little girl being ripped in half like I was as a child, and I blame that ripping directly on her adoptive parents, Jerry and Louise Baker.

When I saw the home videos that the Bakers used on TV to try to win people over to their side, I was appalled. They asked their 8 year old if she wanted to go to China, and she said something like "No, I *never* want to go there." And in another clip, they show her in a big sombrero and the Bakers said she "rejects her Chinese heritage and tells people she is Mexican." The Bakers came off looking like horribly shallow racists, to be honest. They kept saying weird things, like they did not want her biological parents, Shaoqiang and Qin Luo He, to take her to China because no one will be able to understand her there. News flash! People speak English in China, and she can learn other languages without it surmounting to child abuse! The Bakers kept saying it was all about the *child's rights* but that is exactly what they said when they dragged me through their property wars over me as a child. And it is clear to me that the custody battles I endured as a child were only about my parents, and NOT about me, because the minute my dad got custody of me at the age of consent, 13, serious abuses began, that involved alcohol, violence, and child abuse. And my mom abandoned me because I left her for my dad, so I became a homeless teen on streets with no family, after all of those battles for me at age 8.

"All we are asking is for someone to take the time to ask her what she wants." ( http://www.usatoday.com/news/nation/2007-02-20-custody-battle_x.htm) is what we hear the Baker family saying. Although it sounds nice, I hear my own custody battle past as a *child*, in that, and still say, that it is not healthy for kids to be dragged into adult fights like this.

As I watched the Bakers act righteous in their pleas to keep Anna Mae, I kept thinking, why don't these Bakers embrace Anna Mae's beautiful and rich Chinese heritage and welcome her parents, making one big extended family, rather than acting like Anna Mae is some kind of property to fight over. People are not legitimate chattel. Adding to the mystery, is the fact that the Bakers have other children living with them, so Anna Mae is not the only child they "have."

The He's have some language barrier obstacles and so they did not fully understand the legal paperwork they signed and believed they were only giving temporary custody of their child to the Bakers. The Bakers insist they were supposed to be allowed to raise Anna Mae to adulthood. But you know what? Even if the Bakers were told that, they need to be humane about this. They have someone else's biological child, and these people are begging for their child back. They are saying they did not understand some of the paperwork and they desperately need their girl back. What kind of people would then start teaching their daughter to hate her own heritage, to say things like she never wants to go to a country her parents are from, and then teach her to hate her biological parents, rather than help this girl? I think what the Bakers are doing is horribly selfish.

If the Bakers care about Anna Mae, they will quit causing conflict and sorrow around her. They will help the He's economically and will embrace an extended family, with the He's so they can keep contact with Anna Mae, but not brainwash and traumatize her! I really think that the things the Bakers are reinforcing in the thoughts of Anna Mae to be alike brainwashing from the TV clips I saw, at least. I really hope that the Bakers gain some compassion, from a child's eye view and realize they are causing a situation that does not have to happen.

Children are not property, you should not fight over them as if they are...it takes a whole village to raise a child, why are the Bakers so possessive? Just because others help raise a child they love, that does not lessen their utility. It just is a blessing, that Anna Mae has two sets of parents and two families that love her. But instead, the Bakers are making it such an either-or situation. I really think that the Bakers could make this so much nicer by changing their path. The He's and the Bakers live really close to each other and could surely both help each other, but it seems that the Bakers are the problem. It seems this little girl's environmental stability and peace of mind really is dependent upon the Bakers' behavior. If they embrace the He's and give them their daughter back yet stay present in her life, that would be great. But if they are going to just abandon her if she goes back to her parents, then it just showed they never actually cared about her as a person in the first place. This all lays in the hands of the Bakers in many ways, and I hope they have some sort of revelation about this situation soon! (This, obviously, is only my opinion, and as I do not know either of these parties, should be taken with a grain of salt. I am merely responding to what I am seeing on the television news and in the media about this case. There could be parts to the story I do not know about that would change my assessments of the matter.)

homepage: http://www.kirstenanderberg.com

[AngryABCGirl]

I actually saw this about the Bakers and the Hes celebrating her birthday together in the chinese newspaper a few days ago:

http://www.worldjournal.com/wj-weekly-news.php?nt_seq_id=1665421

Weird.

[SunWuKong]

you know, maybe the Bakers could actually go visit the Hes in Beijing, and in the process see that China is not the communist shithole they think it is, especially if you're living in the city with a job teaching at a university.

[Plucesiar]

Man, I feel sorry for the parents, from the wikipedia article (http://en.wikipedia.org/wiki/Anna_Mae_He_affair) it seemed like they had one hell of a time in the States. I hope their lives get significantly better to make up for the mess that occurred all these years.

Edit:
Looks like their plane's taking off today.

[AngryABCGirl]

you know, maybe the Bakers could actually go visit the Hes in Beijing, and in the process see that China is not the communist shithole they think it is, especially if you're living in the city with a job teaching at a university.

They'll have shitfit seeing how a lot of China is actually way more modern than, say a lot of the US midwest and south.

[SunWuKong]

one thing i want to point out about Anna Mae's recent 9th birthday party - the Bakers stopped inviting the Hes to celebrate Anna Mae's birthday after her 2nd birthday party. for six whole years the Hes had missed Anna Mae's birthday. now as soon as the Hes get Anna Mae back, the first birthday that she celebrates with the Hes, they actually invite the Bakers. it's really difficult for me to see the Bakers as anything but "the bad guys" through this whole thing.

another thing - i really hate all these articles that's been popping up about how sad it is that Anna Mae will be moving to a country she does not understand and whose language she does not speak, and i hate all the asshats that make comments in those articles to chime in about how sad that is. i think it's sad that Anna Mae won't get to see the Bakers. but are you fucking kidding me? Anna Mae getting immersed in Chinese society by actually living in China is going to be the best thing that'll happen to her personal development. it's not fucking sad that she's going to a country she doesn't know. she's nine years old! she'll grow to learn and take Chinese culture as her own, other than risk getting stuck in the mindset that Chinese culture is completely alien to her if she had gone to China when she's older.

[Paradox]

I grew up in the south and I had a set of white godparents that would take care of me on the weekends because my parents were busy running a restaurant. They also mentioned adoption once but my parents laughed at that idea. This is kind of typical though. I think the Bakers are just lonely older southern white people. They view Annie as sort of a racial novelty and have grown obsessive over a child that isn't theirs. The real problem is that the court was absolutely biased in this situation and put the He's through absolute hell to get their own child back. That is inexcusable in every way and shows how seriously screwed up the U.S. is when it comes to race.

[Banana]

The arrogance of white Americans is astounding.

[kimpossible]

one thing i want to point out about Anna Mae's recent 9th birthday party - the Bakers stopped inviting the Hes to celebrate Anna Mae's birthday after her 2nd birthday party. for six whole years the Hes had missed Anna Mae's birthday. now as soon as the Hes get Anna Mae back, the first birthday that she celebrates with the Hes, they actually invite the Bakers. it's really difficult for me to see the Bakers as anything but "the bad guys" through this whole thing.


Until I see a bad angle coming from the contact, I'm going to assume that the Hes are mature enough and loving enough parents that now that the court drama is over, they'll put aside animosity in order to make the transition for Anna easier. Even if the Bakers have shown that they would not do the same, the Hes are making their own decision for their daughter's benefit.

Now, the bad angle. If what the Hes are doing are letting all boundaries down and not carefully managing this from the standpoint of Anna's emotional transition, then that's inviting continued drama to Anna's detriment. The best outcome would be an extended family for Anna, even if I detested the Bakers' methods and actions. Then again, I have no doubt that you or I would have handled it much differently from the start were we the parents in question. Feels off, doesn't it? I feel it, too.

[SunWuKong]

did anybody catch the 20/20 segment on Anna Mae? i missed it. anybody know if it's online? i couldn't find it.

[SunWuKong]

here's a video and some pictures of Anna Mae with her family:
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=61;curloc=Sit e:1;ct=1202717183;_cchk=ct-ctype-curloc-objid-site_id@028866df64736495b50651cd8c237302

[lethal]

did anybody catch the 20/20 segment on Anna Mae? i missed it. anybody know if it's online? i couldn't find it.

http://abcnews.go.com/TheLaw/story?id=4250114&page=1

[Paradox]

Until I see a bad angle coming from the contact, I'm going to assume that the Hes are mature enough and loving enough parents that now that the court drama is over, they'll put aside animosity in order to make the transition for Anna easier. Even if the Bakers have shown that they would not do the same, the Hes are making their own decision for their daughter's benefit.

Now, the bad angle. If what the Hes are doing are letting all boundaries down and not carefully managing this from the standpoint of Anna's emotional transition, then that's inviting continued drama to Anna's detriment. The best outcome would be an extended family for Anna, even if I detested the Bakers' methods and actions. Then again, I have no doubt that you or I would have handled it much differently from the start were we the parents in question. Feels off, doesn't it? I feel it, too.
I just think it's disgusting that the parents of their own natural born child have to jump through so many legal and emotional loopholes to appease some strangers. It's beyond ridiculous and shows how racism has played such a focal point in this. It reminds me of the Aboriginal "adoptions" in Australia where aboriginal parents were considered unfit by the state and had their kids taken away by force. If you think about it there's not that much difference. Same patronizing tone regarding the ethnic parents, same derogatory racial characterizations, and blatant disregard for the "non white" point of view.

[SunWuKong]

alright. no idea what the fuck is going on. a local Fox affiliate in Memphis said that family friends said that Jack abandoned the family.

http://www.myfoxmemphis.com/myfox/pages/News/Detail?contentId=7614747&version=1&locale=EN-US&layoutCode=VSTY&pageId=3.2.1

but it was only in September that a Chinese interview with Jack was published, with him talking about his family and rebuking something that another local Memphis news source was claiming about them.

http://www.yweekend.com/webnews/080904/a12/080904A1202.shtml


EDIT:
talk about a strange fucking turn of events.

http://www.wrecradio.com/cc-common/news/sections/newsarticle.html?feed=185284&article=4370134

After fighting to regain custody of his daughter for almost 7 years, Jack He has left Anna Mae and his family. The biological father of Anna Mae has been missing for the past three months. After Jack and Casey He got their daughter back they moved to China. Now, Casey says Jack left in July after the two argued.. She said he quit his teaching job and left home. Casey He, whose family in China is apparently financially secure, said Jack wanted money from her family.Offering to give her the three children for one hundred thousand dollars .

Casey who lives near her family, said she and the children are happy. All three children are in private schools, where English and Chinese are spoken. She says she has no idea where Jack is living and has no way to contact him.

you'd think that troubling times bring families closer together. but at any rate, i'm glad to know that Casey's family is actually well-off and she can send all three kids to private school. (and damn, her family must be pretty damn well-off to afford to send all three kids to a bilingual school in China.)

[tommyhtown]

Interesting turn of event. I hope Anna and the rest of the kids are doing well.

[applehead]

that's so weird.
why didn't he just ask for a divorce?

[VV o n g B a]

apparently he has filed for divorce, but says he only did it b/c he wanted leverage to keep his wife and kids from moving out.

http://www.msnbc.msn.com/id/27972114/

[kimpossible]

My only comment is that Casey should stop the flow of info on Anna in the media and that only stems from a fear of Anna being kidnapped because she has wealthy relatives.

[Wuwei]

People are just scum..

[tommyhtown]

^ That's why I like dogs better.

[Seraphfire]

http://www.cnn.com/2008/WORLD/asiapcf/12/18/anna.he.adoption/index.html

Girl caught in adoption tug-of-war adjusting to new life in China

CHONGQING, China (CNN) -- Anna He is like a lot of kids about to turn 10. She plays with her brother, fights with her sister, practices piano, hates vegetables and is adapting to her new life -- adapting, because even though she's Chinese, this little girl seems far from happy about living in China.

"I always hate staying in China," she says. "It's one of the worst places I have ever been. When I first went to the big city, there was so [much] pollution and so [it] always makes me feel bad. I also don't like the smell."

Her new life in China began after the Tennessee Supreme Court ruled last year that Anna should be returned to her biological parents, Jack and Casey He, known in China as He Shaoqiang and Qin Luo respectively.

The decision ended a six-year custody battle.

Anna was born prematurely while her parents were in Memphis, Tennessee, on temporary work visas. Unable to cope financially, they decided to give her up temporarily until they were able to get back on their feet.

That's when Jerry and Louise Baker stepped in and agreed to take temporary custody of Anna, when she was 4 weeks old. The Bakers said they made a verbal agreement with the Hes to take care of Anna until she was 18.

But the Hes dispute that. They wanted their daughter back soon after her first birthday and eventually went to court to have their parental rights restored. After a bitter legal battle, the Hes finally prevailed and Anna was returned to her parents. Anna was given a six-month transition period to adjust to her biological family before the Hes left the United States.

Now back in China, Anna is still finding it hard to adjust. Her biological parents have separated since returning to their homeland. Casey He relocated her family from Changsha, China, to Chongqing -- a sprawling mega-city on the banks of the Yangtze River with a population of 32 million. Like most of China's big cities, it's heavily polluted. During the winter, the sun rarely breaks through the heavy brown smog.

Jack He says the marriage is over. Casey He appears shaken when asked about her husband and why she packed up and left, with Anna and her younger brother and sister -- Andy, 8, and Avita, 6.

"A lot of things were not what I intended and not what I had hoped," said Casey He. She said she would talk about why she left "one day when the kids are bigger."

Jack He says the couple disagreed over how they should raise their children. He has limited contact with his family; Anna has seen him only once in the past two months but says she doesn't miss him. Asked why, she said, "I don't know. It's just a feeling in me."

Now a single mother, Casey has enrolled all three children in a boarding school during the week. A tough decision, she says, but necessary -- especially for Anna, who was a straight-A student in the U.S. but now struggles because she can't speak Chinese.

"I know American people say I am bad, I take the kids to school, this is not good. But in China, the Chinese people don't think so. They study very hard," Casey He said.

She lives with her children in a small, two-bedroom apartment; it's clean and sparsely furnished. Casey bought a new piano for Anna and Avita, who are both taking lessons.

The apartment and school are both paid for by Casey He's brother, a wealthy businessman.

Life is difficult, she says, but she has no doubt that despite Anna's struggle to fit in, the little girl is still better off with her in China rather than living in Memphis with the Bakers.

"In China one single mother take three kids -- for me, it is very hard. But I love my kids, mother's love from my heart," said Casey He. "I can take care of the kids. Give them better life."

Since her parents split, Anna has re-established regular contact with the Bakers, who call every Saturday. But after more than a year with her biological family, Anna is still unsure of where she would rather be -- with her mom or the Bakers.

"I cannot pick anyone. I would die if I would pick one," she said.

[SunWuKong]

the Hes' separation is strange, but as far as adjusting culturally, she's going to be alright. it's an awkward age for it, but eventually she'll grow to be culturally fluid like the other "Third Culture Kids".

i think in hindsight, it took me a few years to adjust to American life after we moved here. i was 11 years old at the time.

Life is difficult, she says, but she has no doubt that despite Anna's struggle to fit in, the little girl is still better off with her in China rather than living in Memphis with the Bakers.

better believe it. with her American citizenship, she can go back to the US when she is an adult and make an adult decision to go back. at her young age right now, it is much easier to learn a language and culture, so it's a great opportunity for her to live in China right now.

[mrcfo]

the Hes' separation is strange, but as far as adjusting culturally, she's going to be alright. it's an awkward age for it, but eventually she'll grow to be culturally fluid like the other "Third Culture Kids".

i think in hindsight, it took me a few years to adjust to American life after we moved here. i was 11 years old at the time.



better believe it. with her American citizenship, she can go back to the US when she is an adult and make an adult decision to go back. at her young age right now, it is much easier to learn a language and culture, so it's a great opportunity for her to live in China right now.

She's probably going to end up in the US by her early teens anyway or mid teens for high school/uni.

[Seraphfire]

Ironic that her mother allows her contact with the Bakers when the Bakers refused her parents the same graciousness.

[SunWuKong]

Ironic that her mother allows her contact with the Bakers when the Bakers refused her parents the same graciousness.

because the Bakers' whole argument was based on abandonment, and they were actually trying to create a situation that made it look like the Hes abandoned Anna Mae. it was pretty fucking evil.

[Player 0]

^Yeah, though it's exceptionally big of her to allow them contact, which would be incredibly surprising as i'd imagine most poeple would be bitter as hell about such a situation, i'm wouldn't put it past them to try to use this as evidence in the future to say that Anna has an abusive and unstable home environment and should be extridited to the US for adoption.

[SunWuKong]

^Yeah, though it's exceptionally big of her to allow them contact, which would be incredibly surprising as i'd imagine most poeple would be bitter as hell about such a situation, i'm wouldn't put it past them to try to use this as evidence in the future to say that Anna has an abusive and unstable home environment and should be extridited to the US for adoption.

uh... i don't think extradition works that way...

plus, China doesn't have an extradition agreement with the US (though HK does).

[tommyhtown]

Props to Casey He! Big ups for letting Anna Mae talk with the Bakers.

[Wuwei]

plus, China doesn't have an extradition agreement with the US (though HK does).

Yeah that would never happen. There are a lot of Chinese people in the U.S., who would be considered criminals in China for political reasons and what not, and the U.S. gave them sanctuary. So when shit like that is not resolved, China would never ever extradict anyone back to the U.S. unless its really black and white.

[SunWuKong]

ABC has another update on Anna Mae He, although much of it is the same as we've heard from the most recent previous articles - she's adjusting to life in China, going to boarding school, she misses the Bakers, etc. some of the things she says from being interviewed by the reporter hints that she is making progress in her emotional adjustment.

http://abcnews.go.com/Nightline/anna-mae-starts-life-china-custody-battle/story?id=9854222

there is an embedded video clip in the article which i thought was much better than the article itself. the written article i thought was kind of biased in that it doesn't really touch upon just how she has or hasn't adjusted to everyday life in China. it's been two years. has she made friends? how is her Chinese language level? the article just says she "doesn't speak the language". what? not even one word after 2 years?

[Dimeron]

Biased western media is biased. It applies to pretty much everything that is reported, but especially true when it comes to China, from politics to people stories like this.