Lots of coverage for this trial. Judge Jose A. Gonzalez Jr. is presiding over the trial in Fort Lauderdale because the assigned judge had a conflict.
The defense case from the AP:
A family accused of keeping a Haitian teen as a slave and abusing her are the victims of an opportunist looking to get residency in this country, defense attorneys said Monday in opening statements.
The charges:
Maude Paulin and her mother, Evelyn Theodore, face federal charges that they illegally brought Simone Celestin into the U.S., kept her in involuntary servitude and conspired to violate her civil rights until the girl escaped in 2005.
Paulin's sister, Claire Telasco, also faces charges of forced labor and conspiracy. Paulin's ex-husband, Saintfort Paulin, faces a federal human trafficking charge. Each defendant has pleaded not guilty to the charges.
The government case:
Prosecutors said Celestin was stolen at age 5 from her mother and grandmother in a remote mountain village and forced to pretend she was an orphan at the orphanage Theodore ran with her late husband in Ranquitte, Haiti.
Theodore's family got a flight attendant friend to bring the girl to the U.S. on a 29-day visa at age 14. For the next six years, her life consisted of 15-hour work days as an unpaid servant, no schooling and beatings, prosecutors said.
"She was never intended to leave this country or their custody," said Cyra Cay O'Daniel, a trial attorney with the U.S. Justice Department.
In court documents filed last year, prosecutors identified Celestin as a so-called "restavek," a term meaning "one who stays with" in Haitian Creole.
Here's the Herald coverage and the Sun-Sentinel.
The Herald gives some more from the defense:
But defense attorneys painted a starkly different picture in their opening statements, saying Maude Paulin had intended to adopt Celestin but her plan fell apart when she and her husband divorced. They also said family members tried to enroll Celestin in high school, but she only spoke and understood English at the level of a kindergartner.
''Maude Paulin is not guilty of what she's been charged with,'' said her attorney, Richard Dansoh. ``She tried to do her best. She fell short. It's not a crime to try your best and fail.''
He and other defense lawyers said Celestin may not have been cared for as well as Paulin's teenage daughter, Erika, but she was not treated like a modern-day slave. She received regular meals at home, went to church, watched pop artists like Britney Spears on TV, and went out with boys.
They said she did not escape with the help of family friends, as prosecutors contended, but rather ran away because she had grown up and wanted to be on her own.
''Does she report to the doctors that she's been treated like an animal in six years?'' said Theodore's attorney, Leonard Fenn, citing medical records at Jackson Memorial Hospital. ``Absolutely not.''
He said local and state authorities were well aware of Celestin's condition during her six years in Paulin's household, concluding she would be better off here than in Haiti. He said federal prosecutors pursued a criminal case after Celestin agreed to testify in exchange for lawful residency.
''In order for her to be here [in the United States], she has to play ball,'' Fenn told the 12-member jury.
Another defense attorney, Joel DeFabio, representing Telasco, said the evidence will show his client ``is not a slave master.''
''They did not have Simone come on weekends to clean the [Miramar] house,'' DeFabio said.
``It didn't happen.''
The Sun-Sentinel quotes the prosecutor's opening:
The four defendants might have "appeared ordinary" to outsiders, O'Daniel said, but they hid "a child whose life, will, identity and liberty had been stolen."
Should be interesting....
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Do not vote for Barack Saddam Hussein Osama bin Laden. Vote for an American instead.
ReplyDeleteCouldn't ask for a better Judge. You know no matter what the Defendants will get a fair trial.
ReplyDeleteThis case clearly demonstrate the Fed's power to throw the book at someone and hope something sticks. Gross misuses of cultural differences. Based on articles read, case missing depth and facts. Couldn't we implement a system of redress based on factual discoveries during trial to even the playing field and prevent these malicious tactics? We need to reduce false charges to augment faith in the judicial process. For example, when someone doesn't resist arrest and is charged with resisting arrest in addition to other charges. Isn't this malicious intent toward the defendant?
ReplyDeleteWho is Simone Celestin?
ReplyDeleteOne of the family members accused has been found not guilty! What does that said about the over all process?
One can say if this family member can be found not guilty on all account technically she’s been wrongly accused for a crime that she did not commit! The same can be also true for the others.
What is this family guilty of? Slavery, Harboring and Harboring for profit. What does the law said about?
The 13th. Amendment stated: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
The following are the allegations presented by the accusation and the facts presented by the defense.
Accusation:
• On her testimony Simone affirmed that she was snatch from her home at 5 years old and brought to an orphanage manage by her late husband Theodore in the rural section of Ranquitte.
Defense:
• A certify letter from Simone uncle her legal guardian, in Haiti, stated that he voluntarily register Simone to the orphanage because her mother was mentally ill and due financial reason he was unable to provide for her.
Exploring Simone Intent To Get A Green Card No Matter What!
• During the trial one of the prosecutor witnesses came forward saying that she has exaggerated during her last testimony to the grand jury because she was upset that the FBI came to her home. She stated “That she used to live with family and this family have done nothing wrong and they were very good to her and to Simone and that she never witness any abuse, they all had their choirs in the house it was one day for her and one for the others and Simone was free to go as she pleases, on many occasion when she have errand to run her and Simone would go together, even after she left the family home she would pick Simone or she would call her to pick her so they can spend time with each other that the family never object that, but Simone was very frustrate about not having a GREEN CARD" .
• Talking about Simone’s attitude regarding her relationship with her boy friends, the prosecution witness said she even told Simone “if you are going to be such a slut and embarrassing them like this, you might as well marry someone for a green card”.
Another witness came forward stated “Simone have asked the family for “$10,000.00 to pay someone to get marry in other obtain a green card,” and Simone have told her” “That she will put the whole family in jail if they don’t help her get her green card”
In less than a year after she left the family house she have managed to get pregnant, assuming if she carry an American baby she wont be deported.
Allegation of Mistreatment:
• The prosecution witness Ms X and other defenses witness explain that it’s the norm in the Haitian cultural to sleep on the floor when the house is full of people. Since their house always have visitors they were always people in and out and that Ms. X the same witness stated that she used to sleep on the floor next to Simone. Everyone used to sleep on the floor even the grand mother who suffers from arthritis and heart problem.
• TWO other witnesses and family members have explained during their stay* at this family house they have slept on the floor. Another witness affirmed that her and her 8 year used to sleep on the floor next to Simone. Sleeping on the floor was the norm at this house because space was limited. They believe in helping others, and they never has the heart to turn down a friend or a relative member when they needed a place to stay. Even the principal prosecution WITNESS stayed at the house while she was sick and needed a place to stay.
• Simone voluntary spent x amount of time at the house of the Principal Prosecution WITNESS when she was sick and needed someone to spend some time with her. The principal Accusation witness, who by the way work for the government, asked Maude if Simone can come over and spend some time with her and the answer was NO problem if Simone wanted to she was free to go and stay with you in fact she did and she went. How can they talk about slavery when she can come and goes as she wishes? Principal Prosecution WITNESS have adopted a boy as he was growing up during his teenage year he had problem with his adopted mother, since thing got ugly she ask him to move out of her house, the boy called Maude Paulin crying saying that he didn’t have a place to stay. The family took him and he stayed with them for long period of time.
Slavery and involuntary servitude:
• Simone by her own account stated that the family made her work 18 hours a day and she used to do everything in the house:
The Fact:
The defense explained that the family did not run a manufacture or a sweat shop at their house what could Simone be possibly doing for 18 hours a day? The principal accused had two jobs one as a teacher and another working for Florida city police department. The grand mother spend only a few hours at the house because she always at church as which was confirmed by her pastor, fellow worshipers and most of all the accusation witness, even one of the prosecutor witness have confirm that the grand mother was never home and the she was always in some church activities. As a reminder the family house is an old modest tree bedroom.
• On the other hand Simone it’s either she was home alone watching TV or out with friend of the family or running her own errand. On one Occasion she even got lost and she gave her home number to the police and the police who brought her back home? Did the police say she looked scared or despaired I don’t’ think the would have taken her back to a home where she was held as slave?
• On another occasion there was a robbery in the area the police have knock on the door she voluntarily open the door because there was not anyone home, she gave a deposition to the police during the trial of the robbers Dade County have used her as a witness to testify against the robber she went downtown testify. Now Ask yourself did the juror, the judge, the prosecutors, the defendant, police officer, have seen a despaired young lady, a scared young lady, Simone have testify and return back home.
The accusation stated that the family Violated Simone Civil Right by denying her to go to School and get Medical Care!
Proper Identification the family friend who has obtained the US visa for Simone to come to the US has kept her passport. The family went ahead requested a government ID for Simone this attempt was also denied by requesting the form of entry or valid visa.
SCHOOL RECORD from Dade County was shown at the court as evidence that the couple has tried to register Simone Celestin in school and a buss pass was issued, and the school has reconsidered the application and the demand was TURN DOWN. Due to fact the evaluation stated that she has a learning disability. This is all in paper (seek yourself a copy). The family did a second attempt at Robert Morgan School, unfortunately, Simone demand was again turned down.
• The prosecution witness stated while living with this family she have asked Simone how come she was not in school she told her that the family didn’t put her in school she went ahead trying to register Simone in School the school have kept her for two weeks and later one when the school went over the application they have ask her for a government ID and she didn’t have any she couldn’t go back to the Simone was again frustrated.
• The family move forward by doing home schooling for Simone which has been confirmed by two of the witnesses and the fact that Simone was able to speak English, write and take notes even left a note for the family before she moved out. Have proved that she was being taught at home. But during trial she told the juror she have learned English while she move out the house, how about the notes she wrote to the family when she left?
Was the Gouvernement aware of Simone Presence in the US?
The HRS got a call on an anonymous tip to their house stated on a MEDICAL RECORD = the report said. “State investigator found the child to be in good health, that she spoke only Creole and there were ''NO SIGNS OF CHILD ABUSE/NEGLECT.'' The report also noted that police had notified immigration officials about a ``possible illegal immigrant.
• Medical record was submitted showing that she has taken all her shoots; an application was submitted to the insurance company to add Simone on the family medical insurance. The* request was turn down due to fact that Simone didn’t fall into the family category. The denial letter from the insurance company is part of public record that you may obtain.
• As further proof that Simone was not mistreated, a Miami-Dade police report showing that an anonymous abuse complaint lodged in 2000 was investigated at the home -- and determined to be UNFOUNDED.
• On the other hand pictures taken by Simone showing her dancing and smiling are also available to proof that she was not mistreated nor kept prisoner (see pictures).
June 2005, four day after Simone have left the family house, her picture was taken she was smiling when the defense question the DR. Z who has motivated Simone into leaving the family residence “did she look abuse to you?” His answer was “no and replied that his purpose was to help her get her green card that was his main drive.” When Simone moved out the family house she started to work for the Dr. Z and later one she find herself another job where she was able to make more money…
The juror found the family guilty and the trial was base on “she said and the family had all the facts- (records, witnesses)”
But the defense attorney's said there is no evidence Celestin was ever been abused. They depicted her as a rebellious teenager who ran away and only alleged abuse to SECURE RESIDENCY IN THE U.S.
Base on fact:
• The emergency room where she went after she left the family house report they were NO sign of abuse nor bruise, no mark on her body since she complained that she was not feeling well they gave her a Motrin and she went to her journey.
• The HRS agent who came over the family house reported they were no sign of abuse and advice the family not to send her back to Haiti due to political turmoil and currently Haitian were fleeing the country for economic problem and safety and that it was unsafe. (It’s all on paper)
• The court brought in an officer from Dade county school who work for the school administration. Defendant have asked the agent “base on the paper in front of you did the family did try to register Simone but the system have turn them down.” The agent reply YES
• Several witness have came forward , other teenager who use to spend time with Simone came forward explained to the court that they have known Simone they used to play, eat and watch TV together and go to the Mall and not once they seen the family mistreat her.
• Pastor of the church have explained that Simone have participate on their youth program she was happy teenager and when she wanted to attend the youth program at night, she would call them for a ride and they would have one of the parent pick her up.
• A garment she has purchased at the mall was shown to her during trial she admitted that she purchased it at the mall while she went to the mall with one of the teenager of the family.
• Even the prosecutor witness stated Simone was never been sequestrated at home nor refrains from going out.
• Simone have told the juror how she was able to go south beach, and having boyfriends.
• Slavery and Harboring for profit – can you please define these charges does this sound like this teenager was abuse or did the family have her working for others and kept the money. There was not one witness who came forward saying that they used to pay the family for service render by Simone.
• The government went to Ranquitte Haiti seek a witness and found the family worst enemy issue a visa to her at the lady request she said she wont leave without her husband and the government gave both of them a visa. They have them stayed at a hotel at the stand the lady said “When I was 35yrs old I have worked for this family as a I used to live 20 minute away from them. Mrs. Theodore had me signed a contract for 10 years I was never paid after 2 month I left the job so Mrs. Theodore owe me 10 year of work at $300.00. This a witness that have claimed she have worked for the family since 27 years ago because now she 62. Mrs. Theodore came with her passport proving that the time the lady have mentioned she was not even in the country, was this taken into consideration?
• While doing my research I have interview several Haitian I have asked them what was the procedure of hiring a maid in Haiti I have find out not once in Haitian history they have heard of something like that and they told me due the fact the illiteracy rate in Haiti is so high it will be an insult to ask someone so. Did the witness came with the contract NO. This is sad and regretfully if the government had taken some time do some research the could have find out the GDP is Haiti is ……………at the time they would have know right away not even a Chief Police in the area was not making that kind of money. So how credible was the government witness was?
• Let say you were in her position you were offered a visa for you and your husband and your 62 years old you will be staying at a hotel a country you been dreaming of you hardly made to Port-au-Prince the capital of Haiti and there is possibility to get a compensation for $36,000.00. Would you have said NO to the UNITED STATE OF AMERICA?
• During research I have found out that Ranquitte is a remote area the area suffers from famine year long. The area is lack of water, not much crop grows there, due to the fact the area is mountainous, deforestation is one of the major problem people cut the three to feed their family, famine is so severe part of the population eat mud for food.
• Getting a visa to go come USA is considered like GOLD or even going to heaven for anyone living in third world country that is having financial hardship. Some will do anything to come to this country to seek a better life others have died in the middle of the sea it’s a hard journey but they still risk their life to seek a better life, but does this mean that someone is allowed or have the right to mistreat someone NO abuse is not acceptable here and nothing can justify it? Considering all the fact do you think this family have committed the crime they have been accused of?
• This is a public matter records are available to everyone, if you want to form an inform opinion please access the court archive.
I am an American my ideology of UNITED STATE OF AMERICA you are not guilty until proven guilty and justice is to serve by all. I am proud of my country and I take great pride of my juridical system. In 2000 the law on slavery was reinforce I know this will enable us to keep criminal at bay, and victim will be protected. I am happy that the law enforcement is enforcing it. Slavery and human exploitation should have no place in our society if all things are considered was this family treated fairly or did someone have misled our prosecutors. Or do you feel that Once again someone have fooled system.
Please let us hear your opinion
Based on fact:
ReplyDelete• One of the family members who faced the same charges as the others has been found not guilty! What does that say about the overall process?
• One can say if this family member can be found not guilty on all counts, technically she has been wrongly accused for a crime that she did not commit! The same can also be true for the others.
• A certified letter from Simone’s uncle her closest family member, residing in Haiti, stated that he voluntarily registered Simone to the orphanage because her mother was mentally ill and, for financial reasons, he was unable to provide for her.
• The emergency room where she went after she left the Paulins’ house reported that there were NO sign of abuse. There were no bruises, nor marks on her body. Since she complained that she was not feeling well, they gave her a Motrin and she went to her journey.
• The HRS agent who came over the Paulins’ house reported there were no sign of abuse and advised the family not to send her back to Haiti because if was unsafe to do so due the political turmoil. (It’s all on paper)
• The court brought in an officer from Dade County school system. The Defense has asked the agent “based on the paper in front of you, did the family try to register Simone but the system have turned them down?” The agent replied YES. Then who has failed Simone the Paulin or the system?
• Several witnesses have come forward. Several teenagers have testified that they have known Simone. They used to play, eat, watch TV and go to the Mall together. Not once, have they seen the family mistreat her, they said in Court.
• Pastor of the church has explained that Simone has participated in their youth program. She was an happy teenager and when she wanted to attend the youth program at night, she would call them for a ride and they would have one of the parents pick her up.
• A garment she has purchased at the mall was shown to her during trial. She admitted that she purchased it at the mall when she went to the mall with one of the teenager of the family.
• Many teenagers came forward and explained to the Court how they used to go to the movies together. One of them precisely said that they have seen “Batman” together
• Even Momperous the prosecutor’s witness stated that Simone has never been sequestrated at home nor refrained from going out.
• Simone has told the jurors that she was able to go to south beach, and had boyfriends.
• Slavery and Harboring for profit – can you please define these charges? Does this sound like this teenager was abused or did the family have her working for others and kept the money? There was not one witness who came forward saying that they used to pay the Paulins for service rendered by Simone.
• Our government went to Ranquitte, Haiti seeking a witness and found the family’s worst enemy, issued a visa to her and her husband, whom she would not leave behind.
• Our government had Marie Philip known under the name -Avrina and her husband stay at a hotel during the whole trial. Under oath, Avrina stated “When I was 35yrs old I have worked for this family as an I used to live 20 minutes away from them. Mrs. Theodore had me sign a contract for 10 years and they didn’t pay me. After 2 months I left the job. So, Mrs. Theodore owes me 10 year of work at $300.00 per month. Avrina is now 62 years old. This has happened 27 years ago.
• Did our government try to find out the salary wage of Haiti NO.? Back in 1980, when dictator Jean-Claude (”Baby Doc”) Duvalier first set the minimum wage, it was at 13.20 gourdes per day, about $264 per month. And that was for a factory worker. What does this have to do with Simone being abused anyway?
• Mrs. Theodore came with her passport proving that the time Avrina has mentioned she was not even in Haiti. Was this taken into consideration? NO.
• While doing my research I have interviewed several Haitians when they hear about the $300.00 salary a month they have told me not even the chief Police in this area was making that kind of money. How credible was the government witness?
• Let say you were in Avrina’s position. You are 62 years old and you are offered a visa for you and your husband and you will be staying at a hotel in a country you have always dreamed to see. Unfortunately, you barely made it from the countryside to Port-au-Prince the capital of Haiti. In addition to this, there is a possibility to get a compensation for $36,000.00. Would you have said NO to the UNITED STATES OF AMERICA?
• During research I have found out that Ranquitte is a remote area. The people living there suffer from famine all year long. There is no water in the area, not much crop grows there either due to the fact that the area is mountainous. Deforestation is one of the major problems. People cut the trees to feed their family. Famine is so severe that part of the population eats mud for food.
• Getting a visa to come to USA is considered like GOLD or even going to heaven for anyone living in third world country who is having financial hardship. Some will do anything to come to this country to seek for a better life, others have died in the middle of the sea seeking for a better life in the “land of opportunity.” but does this mean that someone is allowed or have the right to mistreat someone NO abuse is not acceptable here and nothing can justify it? Considering all the fact do you think this family has committed the crime they have been accused of?
• This is a public matter. Records are available to everyone, if you want to form an informed opinion, please access the court archives.
I am an American. My ideology of the UNITED STATES OF AMERICA is that you are innocent until proven guilty. I am proud of my country and I take great pride in my juridical system. In 2000, the law on slavery was reinforced to enable us to keep criminals at bay, and to protect victims. I am happy that the law is enforcing it. Slavery and human exploitation should have no place in a civilized society like ours. But, all things considered, was this family treated fairly or has someone misled our prosecutors. I wonder, has someone, once again, fooled the system.
Please let us hear your opinion