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Court Dates

Oklahoma

 

May 11, 1998 Dena Silliman filed a motion to contest application to proceed with the adoption without the natural father’s consent. We won a ruling that Walter was not served properly with court documents and for jurisdiction matters he had to be served in Canada.

 

May 28, 1998 Dena’s Motion to dismiss Application to proceed with the adoption without Walter’s consent was too be heard. Incoming David Henry to represent Glenna Henderson and withdrawals Application filed against Walter’s rights. The motion filed by Dena is moot. The adoption attorneys (herein known as the Boren’s)   claim to have filed the same application by the adoptive mother but do not produce the document. The judge allows them to reschedule the hearing for June 15. Walter is to be served with the papers in Canada.

David Henry also files an objection to the adoption and revocation of consent due to fraud and duress. It is stated clearly that we will not be heard until Walter’s case has been dealt with.

 

Winnipeg

Jeffrey Harris (Canadian Lawyer until this day) petitions Madame Justice Guertin-Riley for an order placing Baby Boy Henderson under the Manitoba Child and Family Services Act. The order is granted and states:

 

1) That the Child and Family Service Act R.S.M 1987, c.80 applies to adoption proceedings regarding Baby Boy Henderson born April 1, 1998 in Oklahoma City, Oklahoma;

 

2) a) The Consent Glenna Henderson given on or about April 2, 1998, in the District Court of Oklahoma County, in the state of Oklahoma, to the adoption of Baby Boy Henderson is invalid and of no force and effect.

b) Interim custody of Baby Boy Henderson is hereby granted to Glenna Henderson;

c) All efforts be made to find the said Baby Boy Henderson and have him delivered to Glenna Henderson in the City of Winnipeg, in the Province of Manitoba, Canada, forthwith;

d) The adoption file of Baby Boy Henderson be opened solely for the purpose of enabling the Applicants to learn the identity of the Adoptive Mother, if necessary;

 

Oklahoma

June 15, 1998  Arguments heard for motion to dismiss due to lack of Jurisdiction over Walter and his child.

Submits Manitoba Order asking for comity with the foreign court.  And motion to dismiss because of Oklahoma’s Choice of law provision (i.e. If Oklahoma has Jurisdiction the Law states that the state of residence of the mother and/or domicile should be applied (Manitoba)

 

July 8, 1998  Motion to dismiss denied on all counts by Judge Carol Ann Hubbard.

Guardian ad litem appointed by the court for Baby Boy Henderson.

Choice of Law Provision denied.

Comity not Granted.

Move made for trial date on the merits of Walter Choken and his rights to his son. Trial set to begin August 14, pre-trial August 11.

 

August 11, 1998  Pre-Trial, David Henry raises question to Judge Hubbard as to whether or not the adoptive mother is in fact the deceased Judge Kelley’s wife. Judge Hubbard let’s Robert Boren answer the question which is "There are no documents that the judge has that would reveal the identity of the adoptive mother." We had no legal documents to prove that it was Mrs. Kelley and the Judge said "Even if you did (have the documentation to prove it) what do you think it would get you?"

 

August 14, 1998  The trial begins.  Not before the families are asked to leave the courtroom. The adoption attorney’s will not allow anyone but those testifying to even be in court while the trial is on. My mother faints at this time. Ambulance were called and the trial was rescheduled for the afternoon. Walter is on the stand for three hours. The trial cannot be completed so it is rescheduled to finish on September 4.

 

Winnipeg

August 28, 1998 Harvey Pollack Lawyer for Glenna and Walter gives notice to the adoptive mother, through her attorneys, That a final order of custody is being applied for to The Court of Queen’s Bench in Manitoba. Hearing date is set for September 1.

 

Oklahoma

August 31, 1998  Robert Boren and Mike Cantrell file an emergency order regarding custody (done only in extreme cases) for the adoptive mother citing;

Click here to view the document   AG00050_.gif (1615 bytes)          Page 1                       Page 2                    Page 3

 

Winnipeg

September 1, 1998  Hearing before Justice Guertin-Riley to finalize Interim Order from May. The adoptive mother fails to appear in Manitoba court in person or through an attorney. The order is made Final giving custody to Glenna Henderson.

 

Oklahoma

September 2, 1998  Motion filed by Dena Silliman and David Henry at the Supreme Court of Oklahoma, to give grant a stay in the Walter’s trial so they may hear the appeal on granting comity to a foreign order.

 

September 3, 1998 The stay was denied but a hearing was set for September 23.

The trial is finished, ruling to be handed down the following morning.

 

September 4, 1998 Judge Hubbard rules that Walter’s consent is not necessary to proceed with the adoption. A hearing is set to terminate his rights and a hearing to determine the best interests of Baby Boy Henderson.

 

September 23, 1998 Supreme court of Oklahoma hears case of comity towards the Manitoba Order:

Proper Jurisdictional matter (Manitoba vs. Oklahoma):

Applying the Law of Manitoba if Oklahoma is deemed the proper jurisdiction.

 

September 28, 1998  Motions denied on all counts by the supreme court of Oklahoma.

 

October 8, 1998  Glenna’s Pre- Trial Hearing, Temporary Custody Order granted to Linda Susan Kelley by Judge Hubbard presented as evidence of her knowledge of who the adoptive mother was. David Henry asks that Judge Hubbard recuse herself from the proceedings due to impartiality.

 

October 9, 1998  Judge Hubbard refuses to recuse herself. She states " I worked with Judge Kelley for a year and half till he turned sick. During the time he was active on the bench I went to him for advice on certain cases twice a week. I visited him in the hospital, when his wife was present. I attended his funeral as did all other judges who could attend. But it would not make me partial to any side of this case."  She did stop the trial from beginning allowing her decision to be appealed to the Head district Judge, which was also denied.

October 13, 1998 A stay was granted by the Supreme Court of Oklahoma on all proceedings, including Walter’s termination/best interest hearing, involving the adoption of Baby Boy Henderson.

 

November 10, 1998   David Henry argues his case to the Supreme Court that because Judge Hubbard knew and worked with the deceased husband of the adoptive mother that she could not possibly give fairness to his client.

 

December 1, 1998 The Supreme Court rejects the impartiality of Judge Hubbard.

 

December 3, 1998  Judge Hubbard calls in the Boren’s and David Henry excluding Dena Silliman and the guardian ad litem, and admits that she did know the adoptive mother from the very beginning. That she had a home study performed in the adoptive mothers home and court documents that stated the adoptive mother’s name. David Henry feels this is grounds to ask the supreme court to reconsider removing the judge. Files the reconsideration on December 11.

 

While we wait for judgment for the Supreme Court we learn that the adoptive mother Linda Susan Kelley has sold her home in Oklahoma City for $199,000 US. Because there is a stay on the proceedings no hearing can be called before the judge to see if the she knows of the whereabouts of Baby Boy Henderson. The Guardian ad litem, lawyers on our side knew nothing of this. No one has been able to tell or prove to us that baby Boy Henderson, my son Levi, is in fact in Oklahoma. We have still not received any pictures or knowledge about his well being. Foreign Affairs and the consulates are unable to find any information. Reporter Olivia Hart calls neighbors to see about any their knowledge of Mrs. Kelley. They confirm she has moved and believe she has not left Oklahoma City. The brother of Susan Kelley is contacted but will give no information without specific reasons.

 

February 12, 1998  Supreme court again denies motion to recuse trial judge.

Because of the lack of trust between David Henry and Glenna Henderson, David Henry files a motion to withdraw as attorney of record for Ms. Henderson.

A new attorney is in the works. March 1 is the withdraw date and a scheduling hearing for trial will be made after that day with the new attorney. There is still no word on the whereabouts of Levi Emile (Baby Boy) Henderson.