April
26,2005
State of
Florida
Executive Office of the Governor
The Capital
Tallahassee, Florida
Dear
Governor Bush:
Thank you
for responding to my letter through the Florida
Department of Children and Family Services. I
received a letter from Mike Watkins, District
Administrator from District 7; however, I live in
Port St. Lucie, Florida which happens to be in
district 15.In the letter, Mr. Watkins stated that
DCF does not have jurisdiction over criminal matters
or how they are being handled through the State
Attorney’s office. Assuming that Mr. Watkins is
familiar with my case, my question is how can DCF
look out for the best interest of the children in
Florida without being directly involved in a case
that directly impacts the welfare of my children?
The
criminal trial of Edward Munao resulted in the
defendant, Edward Munao, being convicted of child
abuse and solicitation to commit aggravated battery;
however, jurors were unable to reach a verdict on
the charge of solicitation to commit second degree
murder. In lieu of this decision, The State of
Florida has no further plans for a new trial on the
charge of solicitation to commit second degree
murder. Chief Assistant State Attorney, Tom
Bakkedahl went on to state to reporters “There’s no
need to retry this… This was a just verdict… we
respect the jury’s verdict.”
As a
mother, I am far more concerned with the negative
repercussions the verdict has on my child than the
defendant. The real crime has never been
addressed. Who will help me deal with the trauma
to which my son has been exposed? How am I alone
able to ease the fear and pain that my son
experiences on a daily basis. The state does not
want to hear about my son’s emotional concerns and
fears, but they are the first to label him as an
emotionally troubled child. I do not disagree with
the label, but I do disagree with the State’s
apathetic response to my questions and pleas for
intervention. Did anyone ever stop to ask why my
son experiences emotional problems, and, perhaps
more importantly, their source? It stands to reason
that my son is labeled as a violent and emotionally
disturbed child as a result of his father’s criminal
behavior. It has been documented that my son’s
Oppositional Defiant Disorder and emotional issues
are a direct result of his contact with his father,
Edward Munao. The court system labeled my son’s
emotional state as a preexisting condition not
taking into account that on more than one occasion
he had been directed to “kill” his mother. I don’t
know of any parents that advise their children to
kill. My son’s actions were predicated upon being
used as an unwilling pawn by his father. His
outbursts and actions are the result of being
confused severely traumatized. My son did not ask to
be used in this manner and therefore can not be held
directly accountable for his actions.
The
Florida law described in Chapter 39 of the Florida
State Statues should protect children of Florida
like my son, but I have yet to see how our state
laws are implemented, in particular the law titled
Grounds for Termination. I am referencing Pursuant
to 39.806(1)(c)F.S. ‘the parents have engaged in
conduct toward child or toward other children that
demonstrates that continuing involvement of the
parent or parents in the parent-child relationship
threatens the life, safety, well being, or physical,
mental, or emotional health of children irrespective
of the other provision of services pursuant to
39.806(1)(b).’ How does this law apply to a parent
who has been convicted of a criminal act if the
Department of Children and Families does not have
jurisdiction over criminal matters? What happens to
a child under the age of 16 who is ordered to
testify for a criminal case and not protected from
attorney interrogation and thereby forced to
experience post traumatic stress? What is the
answer? I am demanding answers as to how these
issues will affect me, my children and other women
in my situation.
Based upon
the events related so far, it is inevitable that,
Edward Munao, the father of my children will be
reunified with his son. Munao only has to follow a
case plan designed by DCF consisting of parenting
classes, a one time anger management evaluation, a
one time psychiatric evaluation, a one time
substance abuse evaluation, and provide financial
support for the children weekly (in the amount of
twenty dollars per child) in order to restore
visitation rights with my son. How does this case
plan help Edward Munao ? How can a one time
visitation make up for all that my son has
endured? Clearly it is only a matter of time
before the State of Florida realizes that this is an
absurd answer to a much bigger issue. How is a one
time evaluation able to reveal an individual’s true
intent or allow any healing process to take place?
As a
mother, I have concerns with the state’s judicial
system. After the trial, I was told by Chief
Assistant Tom Bakkedahl that my case was ‘nothing
more than a domestic issue gone too far.
Furthermore, Bakkedahl stated, “No other State
Attorney’s office in Florida would have taken on
this case with these charges and… that I should be
happy with what I got” Based on these statements,
what is the Chief State Attorney implying to all
women with children that are victims of domestic
violence?
I have
been battling a system that should protect women and
their children from domestic violence. Unfortunately
I realize that I simply represent another example of
the ever increasing number of cases of domestic
violence before the Florida courts. In 2002, Edward
Munao took my son away from me and I filed and
emergency petition to return my child in St Lucie
County Court. The emergency motion for return of
child was denied by Judge Schack. My money was
mailed back to me and I was told to file a petition
for modification seeking the determination of
residency, parental responsibility and visitation.
Unfortunately, the Judge and the Port St. Lucie
Police Department failed to take into account
Florida Statue, Section 742.031(2) which states
“custody shall be presumed with the mother.”
In 2003, I
filed a petition for an emergency injunction in St.
Lucie County Court which I received from Judge
Levlin in July 2003 not disclosing why the
injunction was placed as requested by Edward Munao.
I then asked the Judge for supervised visitation.
It was denied because Edward Munao stated he could
not afford the fee and was not working. On December
22, 2003 I filed another emergency petition with
the court for domestic violence injunction on behalf
of my children which got denied by Judge Bryan.
Judge Bryan was given extensive information about
my situation and my fears were stated. The motion
was denied. A hearing was set. It was not till
February 2004 in front of a female judge, Judge Cox
in St. Lucie County that I received an injunction on
behalf of my children for their safety. I expressed
my concerns to the State Attorney’s office who told
me “don’t worry, Edward Munao won’t bother you or
your children due to his bond conditions.” Munao
not only violated his injunction but went on to call
me the day he was arrested from jail. I was right to
assume that bond conditions would not stop Edward
Munao from threatening my well-being and that of my
children. The domestic violence injunction for
myself and my children as well as Munao’s bond
conditions were once again violated in July 2004
which finally led to Munao’s incarceration. It is
clear that domestic violence can not be deterred
by injunctions and bond conditions alone.
It is a
sad state where those who abuse animals are dealt
with more severely than those who abuse children.
The State of Florida will take an animal away from
the abuser and criminally prosecute that person.
Furthermore, that person’s rights are terminated and
the animal does not return to the guilty party in
order to avoid the possibility of further abuse.
What does the State of Florida do for the children
that are abused and neglected? The Department of
Children and Families gives the abuser a case plan.
Not just any case plan but one that entitles an
individual like Edward Munao to a one time visit for
the specific evaluation. Simply stated, in Florida,
animals are protected more than our own children.
In a state which prides itself on the protection of
children, animals enjoy more rights.
My son
worries about his family everyday. He worries more
about things which are out of his control. He has
little time to worry about anything else.. My son
like any little boy wants to see his father. He
wants to find out answers, but the question
regarding my son’s safety and emotional well-being
remains. After a one time evaluation will Edward
Munao be that loving empathetic parent who will
never advise his son to kill his mother? Children
are what they learn.
I am
requesting that the concerns of my family and I not
be taken lightly. If the State of Florida wants to
separate criminal issues and The Department of
Children & Families is a separate jurisdiction how
does this affect overall family unity? Florida
needs to evaluate the judicial system as well as the
laws that govern our state. If an individual is
convicted in criminal court it should be carried
over to The Department of Children & Families.
I
appreciate both your time and consideration. The
courtesy of a return response is requested
Sincerely,
Jodi R. Walsh
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