2319 $4121? AH 908 STATE OF MICHIGAN IN THE THIRD CIRCUIT COURT FOR THE COUNTY OF WAYNE JUVENILE DIVISION IN THE MATTER OF, Case No. 18-000,676 Petition No. 18001004 ISABELLA PARKER, DYLAN PARKER, Hon. Frank Szymanski EXCERPTS OF PROCEEDINGS RULING OF BENCH TRIAL BEFORE THE HONORABLE FRANK SZYMANSKI, CIRCUIT COURT JUDGE Detroit, Michigan Thursday, November 29, 2018 APPEARANCES: For the Petitioner: GERALD MILLER, ESQ. (P25591) Assistant Attorney General 3030 W. Grand Blvd., Suite 10?200 Detroit, Michigan 48202 Telephone: (313) 456?3019 For the Children: REGINALD THOMAS, ESQ. (00910) Michigan Children's Law Center One Heritage Place, Suite 210 Southgate, Michigan 48195 Telephone: (313) 833?1615 For the Mother and Father: LISA KIRSCH SATAWA, ESQ. (P52675) 1133 W. Long Lake Rd. Ste. 150 Bloomfield Hills, Michigan 48302 Telephone: (248) 792?3060 Reported by: Cassandrea Waters Certified Shorthand Reporter WITNESSES: None None A I I PAGE ADMITTED Detroit, Michigan Thursday, November 29, 2018 - at 2:44 p.m. THE CLERK OF THE COURT: We're here in the matter of Isabella and Dylan Parker, Jacket No. Petition 18001004N. All parties state your name for the record. MR. MILLER: Gerald Miller, Assistant Attorney General, on behalf of the Department of Health and Human Services. MS. STONE: Taylor Stone, Petitioner on behalf of DHHS. MR. THOMAS: Reginald Thomas, Michigan Children's Law Center, our office represents the children. I am standing in for Eliot Zipser. MR. PARKER: James Parker, father of Isabella and Dylan Parker. MS. SATAWA: Lisa Kirsh Satawa, attorney for both parents. MS. PARKER: Allison Parker, mother to Dylan and Isabella Parker. THE COURT: So look, I heard a lot of science here. I appreciate the attorneys and the work they did in terms of preparing and presenting this. I wish that I had this in all of my cases. I understand there might be some dispute about this Vitamin D. Look, I'm going to just quickly mention a couple of things that I thought were significant. First of all, it became very clear to me that you can't pick up bone deficiencies from an x?ray. Secondly, while I agree there is this dispute about what does Vitamin deficiency and what is Ehlers?Danlos mean in terms of bone fragility and I realize that, you know, it's not quote, a settled science, I'll use that term. There is room to accept that this could be part of the explanation, and I have two parents here who I have with the exception of these actual injuries, I have no evidence of either of these parents being bad actors. I don't have a domestic violence history. I don't have a criminal violent history. I mean, they're just, they're just normal people who have been thrown into a nightmare here by the fact that their child could be susceptible to these types of injuries through less than what we would normally consider traumatic action, I'll say that. So, and I think about, well, if I take jurisdiction what would I do? The parents are already providing for their children and they're doing so and Mr. Miller's remark numerous times, well, they have been fine since they came into care. Well, they came into care but they have been in care by the parents. So, I mean, that argument really cuts both ways. I mean, yeah, I could take jurisdiction and order them to take a parenting class, but what would that do? That wouldn't make them better parents than they already are. So, and I thought about this bruising a lot, and you know, Dr. Smith gave me a plausible explanation. And when I consider possible disposition towards more easily bruising that Dylan certainly might have, and I understand there is no conclusive proof that mother has Ehlers?Danlos or that Dylan has it, you know. I don't have a box checked off on a medical chart that says it's absolutely final but there is certainly all kinds of supportive evidence of that. So, I'm just not inclined to ignore all of that. And I shutter to think about, you know, other cases where all of these factors might be involved and the judge never gets the information and never gets an opportunity to understand that there might be an alternative explanation. And I don't think Dr. Moore is necessarily, you know, is just doing things because she's getting paid but I heard a lot deeper science from some of the other witnesses than I heard from Dr. Moore, and I think it would be absurd for us based on what we heard to assume that the Vitamin level was already at 12 at birth when it was being supplemented ever since the child was born when the child came in on April 13th. So I think everybody understands where I'm at on this. I understand why the Department felt it was appropriate. Every time there is broken bones on a young child they file a petition, I understand, unless there is an admission that the child was in an auto accident or some explanation, I understand all of that. To the parents, you know, I think in my mind you have LUNH 00'acquitted yourselves in terms of establishing, you need to thank Ms. Satawa because she did a job I rarely see in this courtroom. So any of us could find ourselves in your situation base on a predisposition of a child. I'm sorry you had to experience all of this, case dismissed. (At 4:32 proceedings concluded) CERTIFICATE OF REPORTER I certify that this transcript, consisting of 7 pages, complete, true, and correct transcript of the proceedings and testimony taken in this case by Cassandrea T. Waters on November 29, CASSANDREA T. WATERS (CSR-8126) P.O. Box 55 Wayne, Michigan 48184 Telephone: (734) 741-3894 Dated: January 24, 2019 2018. is a