The Honorable Suzanne Parisien Date of Hearing: November 8, 2016 1 2 3 4 5 6 7 SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY 8 9 M.E., 10 NO. 16-2-12120-9 SEA Plaintiff, 11 v. 12 S.H., 13 Defendant. 14 DECLARATION OF M.E. IN OPPOSITION OF THE MOTION TO ENFORCE COURT ORDER SEALING RECORDS & MOTION TO DISMISS ON COLLATERAL ESTOPPEL 15 16 17 M.E., an adult woman, declares and states under penalty of perjury the following: 1. I am the plaintiff in the above entitled case. I am now an adult woman in my 18 twenties. I am also a trained lawyer and member of the WSBA. The defendant, S.H., is my 19 naturally born father. My father, S.H., molested me as two year old child. I have memories 20 of the actual occurrence and I am prepared to testify to the details under oath before a jury. I 21 have previously never had an opportunity to testify about these matters, and I am pursuing 22 this lawsuit in the interests of justice. I was not a party to nor provided the opportunity to 23 24 testify in the previous court proceedings related to the matters raised in this lawsuit. I also 25 understand that the prior proceedings were conducted as a bench trial, and that a jury has 26 never had an opportunity to hear the evidence and render a decision. DECLARATION OF M.E. - 1 of 11 CONNELLY LAW OFFICES, PLLC 2301 North 30th Street Tacoma, WA 98403 (253) 593-5100 Phone - (253) 593-0380 Fax 1 2. It is my understanding that S.H. ordered his lawyers to file a motion attempting 2 to “enforce” the order sealing documents that were previously filed in the divorce and custody 3 proceedings between my parents. S.H.’s lawyers are arguing that this Court should seal all of 4 the existing files under this cause number, and that I should be precluded from my 5 constitutional right of filing documents with and having access to this Court. S.H.’s lawyers 6 7 8 9 10 11 made this request without specifying the nature or sources of the records. I strongly object to my father’s motion. 3. Those same records (regardless of where they have been filed in the past) consist of my own health care records and Child Protective Services. As to my own health care records, I have waived the privilege that I possess as to these records and intend to rely 12 upon those records in these proceedings and as referenced herein. Furthermore, the Child 13 14 15 16 Protective Services Records and publicly accessible files regardless of whether or not those same records were ever filed by S.H. 4. My understanding is that any order from the divorce proceedings precludes 17 unauthorized access to the divorce and custody files. I was not a party to those proceedings, 18 and the order does not apply to me: 19 20 21 22 23 24 25 26 DECLARATION OF M.E. - 2 of 11 CONNELLY LAW OFFICES, PLLC 2301 North 30th Street Tacoma, WA 98403 (253) 593-5100 Phone - (253) 593-0380 Fax 1 1 5. 2 Moreover, even if the order did not apply to me, it only restricts access to the 3 files by the general public and does not say what I can, or cannot, do with my own medical 4 records which I did not obtain from any court files. Under no circumstances do I agree or 5 accept that I am somehow precluded from the use of my own health care records simply 6 because some other person or entity also filed those records in a collateral divorce proceeding. 7 I am a childhood sexual abuse victim and I intend to rely upon these medical evaluations in 8 9 the pursuit of this lawsuit. 6. 10 As a matter of history, in 1990, my mother and father separated and sought to 11 divorce each other. In July of 1990, my father began having private parental visits with me. 12 Upon return from a visit, my mother was bathing me and observed “a protuberance of the 13 rectum and that the area seemed blue or discolored.” My uncle, maternal grandmother, and 14 aunt were witnesses to the related occurrences. I am told, and I verily believe that my 15 16 mother, grandmother and aunt picked me up at my paternal grandparents’ home after a 17 weekend visitation with my father. 18 grandparents’ homes I complained of “an owie on my bottom.” Upon arriving at my maternal 19 grandmother’s home, my maternal grandmother, mother and aunt discovered that my rectum 20 was protruding and discolored. As a family birthday party was happening at this time, my 21 During the ride between my paternal and maternal uncle was also at my maternal grandmother’s home and was asked to observe. At this time 22 my uncle insisted that I be taken to Harborview Hospital. I was then brought for a medical 23 24 examination at Harborview Medical Center, at which point I explained “daddy puts his finger 25 26 1 Exhibit A to Declaration of Ordell DECLARATION OF M.E. - 3 of 11 CONNELLY LAW OFFICES, PLLC 2301 North 30th Street Tacoma, WA 98403 (253) 593-5100 Phone - (253) 593-0380 Fax 1 in my potty pot...” 2 In that same timeframe, I also told my maternal grandmother that “daddy 2 pottied on my leg,” which is documented in writing. 3 The statement was later repeated to my 3 paternal grandmother. 4 4 7. Several of my own health care providers documented the occurrence of the 5 abuse at the time that it occurred. As reflected in a declaration authored by the Harborview 6 7 Medical Director of the Sexual Assault Center, Mary Gibbons, M.D., a forensic medical 8 examination that occurred on July 23, 1990 medically verified that the I had been vaginally 9 violated: 10 11 12 13 14 15 Dr. Gibbons also concluded the following: 16 17 18 19 20 During counseling sessions, I elaborated further about the molestations: 21 22 23 24 25 26 2 Id. 3 Id. 4 Id. DECLARATION OF M.E. - 4 of 11 CONNELLY LAW OFFICES, PLLC 2301 North 30th Street Tacoma, WA 98403 (253) 593-5100 Phone - (253) 593-0380 Fax 1 2 *** 3 4 5 6 7 8 9 10 *** 11 12 13 14 15 16 17 18 19 *** 20 21 22 23 24 25 *** 26 DECLARATION OF M.E. - 5 of 11 CONNELLY LAW OFFICES, PLLC 2301 North 30th Street Tacoma, WA 98403 (253) 593-5100 Phone - (253) 593-0380 Fax 1 2 3 4 5 8. During the counseling sessions with Ms. Bridges, I drafted a diagram our bodies and confirmed the nature, extent, and anatomical locations of the sexualized 6 interactions: 7 8 9 10 11 12 13 14 15 16 17 18 5 9. 19 In private forensic interview that occurred on October 17, 1990 with another 20 examining physician, John E. Dunne, I again privately admitted and confided that “she liked 21 her mother but did not like her father, because ‘daddy hurt my bottom’.” 6 In another 22 interview that occurred on November 5, 1990 with Dr. Dunne, I described more specifics: 23 24 25 26 “When asked if her father hurt her bottom she first said no, then quickly changed to her mind and said yes. She indicated that her father poked her with his big ‘peepee’. When asked to 5 Report of Dunne dated November 26, 1990, Page Insert After 10 6 Report of Dunne dated November 26, 1990, Page 16 DECLARATION OF M.E. - 6 of 11 CONNELLY LAW OFFICES, PLLC 2301 North 30th Street Tacoma, WA 98403 (253) 593-5100 Phone - (253) 593-0380 Fax 1 show how he did that she held the male and the female dolls back to back touching at the 2 buttocks…” 7 A interview summary reflects the following: 3 4 5 6 7 8 9 10 11 12 13 8 14 15 16 10. The forensic expert, Dr. Dunne, that conducted the interviews in favor of S.H. somehow managed to conclude that I was not molested. Dr. Dunne based this opinion upon some sort of obscure “parental alienation syndrome” that is no longer I understand is no 17 longer recognized by legitimate child sex abuse experts. No professional association has 18 19 recognized Parental Alienation Syndrome as a relevant medical syndrome or mental disorder, 20 and it is not listed in the International Statistical Classification of Diseases and Related Health 21 Problems of the WHO or in the American Psychiatric Association's Diagnostic and Statistical 22 Manual of Mental Disorders (DSM). PAS is not included in the American Psychiatric 23 24 Association's Diagnostic and Statistical Manual of Mental Disorders. It is my understanding that the Judge in the proceedings between my mother and father considered Dr. Dunne’s 25 26 7 Id. 8 Id at Page 14. DECLARATION OF M.E. - 7 of 11 CONNELLY LAW OFFICES, PLLC 2301 North 30th Street Tacoma, WA 98403 (253) 593-5100 Phone - (253) 593-0380 Fax 1 medical opinions about PAS, which are no longer validly or accepted in most courts. I would 2 like my own fair opportunity to challenge this now debunked medical theory. 3 4 11. investigation. Child Protective Services was ultimately notified and also conducted an According to a written report dated March 30, 1992, the investigation 5 confirmed that S.H. repeatedly molested me: 6 7 8 9 10 11 12 13 *** 14 15 16 17 *** 18 19 20 21 22 23 24 *** 25 26 DECLARATION OF M.E. - 8 of 11 CONNELLY LAW OFFICES, PLLC 2301 North 30th Street Tacoma, WA 98403 (253) 593-5100 Phone - (253) 593-0380 Fax 1 2 3 4 *** 5 6 7 8 9 10 12. I became estranged from S.H. throughout most of the rest of my lifetime. S.H. 11 12 signed off his parental rights after my mom’s attorney started bringing up suspicions of tax 13 fraud going on from S.H.’s father’s operation. I instructed my lawyers to file this lawsuit 14 against S.H. without identifying his full name. I was conflicted about this decision because I 15 want the world to know that S.H. molested me. However, I am also interested in moving on 16 with my life and focusing on the future. Because it is clear to me that S.H. values 17 confidentiality, thus far, I have elected not to affirmatively disclose his identity. 18 19 13. Additionally, since pursuing this matter, I have been threatened and 20 intimidated by my father through his lawyers. I also believe that I have been followed in the 21 proximity to my home. My father’s lawyers have threatened not only me but also other 22 members of my family if we reveal the truth and/or if I rely upon my own medical records 23 cited herein moving forward with these proceedings. The Amended Complaint that was 24 previously served upon my father but not yet filed provides elaborative details about these 25 26 DECLARATION OF M.E. - 9 of 11 CONNELLY LAW OFFICES, PLLC 2301 North 30th Street Tacoma, WA 98403 (253) 593-5100 Phone - (253) 593-0380 Fax 1 matters. As the records consist of information that is my own medical history, I am offended 2 that I have been threatened with the usage of this information about my own medical records. 3 4 14. Even though I was only two years old when my father sexually molested me, and due to the extreme trauma associated with sexual molestation, I do remember being hurt 5 by my father. I have memories of my father hurting my genital region. Memories of being in 6 7 a room alone with my father and crying out in pain. Moreover, as a teenager and young adult, 8 I battled several conditions that are consistent with a person who has been molested as a child. 9 These conditions include, but are not limited to, eating disorders, depression and anxiety, 10 11 suicidal thoughts, and issues surrounding healthy relationship building with others. 15. While my father has become successful in his media career, and is on 12 television seemingly daily, this has only served to further exacerbate my pain and trauma. 13 14 15 Namely, not a day goes by it seems where I am not reminded and reliving the trauma of being sexually molested by my father due to the fact that he is frequently in the media. Moreover, I 16 am even afraid to change channels on my television out of fear of seeing him as it always 17 reminds me what happened, and is painful even to this day. 18 regularly. 19 16. I suffer from nightmares Much has been written by my father about my intentions in this lawsuit to be 20 about money. Nothing could be further from the truth. I was molested as a child, and I know 21 22 that. It is not based on what others may have told me. In fact, no one in my family has hardly 23 spoken to me about the molestation, and it was always very reluctantly and solicited by 24 myself due to memories I had. I have brought this case against my father because I am 25 seeking justice as a person that has been sexually molested. While justice may take the form 26 of a monetary settlement or jury verdict, what is most important to me is that justice is served. DECLARATION OF M.E. - 10 of 11 CONNELLY LAW OFFICES, PLLC 2301 North 30th Street Tacoma, WA 98403 (253) 593-5100 Phone - (253) 593-0380 Fax 1 I am a victim of sexual molestation, and to date I have not been afforded the opportunity to 2 bring my case and to testify. 3 constitutional rights to litigate are appalling and should not be condoned by this Court. Attempts by my father to circumvent my legal and 4 5 Respectfully submitted this 3rd day of November, 2016. 6 7 M.E. 8 By _________________________________________ Signed under penalty of perjury 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DECLARATION OF M.E. - 11 of 11 CONNELLY LAW OFFICES, PLLC 2301 North 30th Street Tacoma, WA 98403 (253) 593-5100 Phone - (253) 593-0380 Fax