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Police Without Warrant
Arrest Weidner,
Mace Mother and Daughter

By US~Observer Staff

On August l0, 2005, l4 armed police officers in 11 police cars descended on the home of political activist Roger Weidner and his 95-year-old mother Frances Weidner who has lived in the family home at 3526 S.E. Franklin St. Portland, Oregon since l937.

Without search warrant or arrest warrant the officers stormed the Weidner property. When Sgt. Brown was asked by Roger Weidner to produce a search warrant he refused and instead, with the assistance of another officer, forcibly arrested Weidner and began searching his house with a snarling police dog. The object of their warrantless search was Lynnae Lake and her 9-year-old daughter Emily.

In September l999, Lynnae Lake, because of the abandonment of her family by her husband and business reversals, had sought public assistance for her and her 3 children, then 16, 13 and 4 and thereby without her knowledge entered the children into the Michigan DHS services data base.

Six months later, at the beginning of the school year, CPS demanded that Lynnae bring her children to the courthouse for a meeting to discuss their welfare. Upon arrival at the courthouse and without warning, her children were immediately taken into state custody. At a sham hearing where the outcome was a forgone conclusion, Lynnae exposed the perjury of the “caseworker” on the record. The judge ignored the undisputed evidence of perjury and her children were gone.

During the next 19 months both the children and Lynnae lived a nightmare of foster care hell. During this time the children were moved repeatedly and abused and neglected. The oldest child Mary was given the rights of an adult and encouraged by a state paid counselor and caseworker to enter into a sexual relationship and to live with a man. In December 2000, the state told the oldest daughter she was emancipated and she could live with whomever she wished.

The children were returned, not by DHS but by the divorce courts in Sept 2001, much to the anger of Midland DHS caseworker Dan Rogalny and supervisor Shelly Marner. Both children returned with serious physical and emotional problems. Emily, the youngest daughter, returned with a total fear of being without her mother and in total fear of foster care and the police.

In December 2003, a conspiracy developed between caseworker Dan Rogalny and the oldest daughter Mary to shift custody of Laura and Emily from Lynnae to Mary. Mary was promised money and custody of both children by the state. As part of the conspiracy a false report of physical abuse was prepared by her oldest daughter who was now married and living in her own new home. The middle daughter was illegally detained, questioned and threatened.

In March 2004, after many threats of jail and foster care for the children, Lynnae finally got CPS to admit they had no case to investigate. Immediately a campaign to include the middle daughter Laura, now 17, was started. She was contacted in secret by caseworker Dan Rogalny and her older sister through the private Christian school she attended by phone, email and instant message with promises of car, apartment, freedom and a job if she would purger herself and say Lynnae abused her. As part of the conspiracy a plan was concocted that would only allow DHS to come to the school and move Laura and Emily to their sister Mary’s house on the last day of school. The caseworker stressed that the middle child herself would have to make the call if she wanted her little sister to also go with her.

This was in retaliation for Lynnae exposing their fraud, perjury and falsification of documents and the fact that Dan Rogalny, back in 1999, had already decided that these children and their mother would not be together – ever.

On the last day of school Lynnae received a call that CPS was there. Seeing her middle daughter behind locked doors crying hysterically and unable to get to her she took Emily and fled.

In 2005, Lynnae and Emily began living as a caretaker for 95-year-old Frances Weidner, in the family home she shares with her son Roger Weidner, l998, Oregon Reform Party candidate for Governor.

Shortly after noon on August 10, 2005, Lynnae and Emily told Roger Weidner that there were police outside the house. Weidner observed Portland Police officer Sgt. Brown walking up the driveway and met him at the back door. Brown asked, “where is the girl?” Weidner asked the name of the person Brown was looking for and also asked to see the Search Warrant before the officers could enter the house legally. Brown said he didn’t need a warrant and grabbed Weidner’s hand through his pocket when Weidner reached for his wallet. With the aid of another officer Weidner was forcibly arrested and handcuffed and placed in the hot back seat of the police car while 14 police officers, without either an arrest warrant, search warrant or other valid process, with their dog, went through his house. The police banged on the bathroom door where 95-year-old Frances Weidner was taking a bath. They then started yelling “you better come out” or we are going to sic the dog on them and the “dog will bite.” All the time Lynnae and a terrified Emily were hiding in the basement shower.

The police then kicked the bathroom door in and pepper sprayed the mother and daughter twice. Lynnae was forcibly pulled from the shower and thrown to the ground where three officers tackled and sat on her. While this was going on Emily was crying hysterically saying: “please don’t hurt my Mom! I love my Mom! My Mom has never hurt me!” When Emily was brought out of the house she was crying hysterically and the cops were pouring water into her eyes because she had pepper spray in them. All this was done by these Gestapo thugs supposedly in the best interest of the child.

Lynnae was taken to a police car and driven off. Emily was placed in a separate police car and driven off. Once at the jail, Lynnae was manhandled by several officers; while being double shackled. At one time at least 5 officers had Lynnae where they were stepping on her bare feet, two officers held her by her arms, two officers in front and back pulled her hair out by the roots and an officer had her around the throat. One officer screamed “how would you like if I pulled your F***king hair out of your scalp.” To this she yelled back, “Do it.”

All during this time Lynnae was not ever charged with any crime nor were her rights read to her. They even sent in a psychiatrist to attempt to question her.

24 hours later she was told she could post bail of $500 or talk to the judge at an arraignment and get let out on personal recognizance and that she was being charged with custodial interference. She was now allowed to place phone calls to attempt to arrange the $500, but was lied to and told she could only have a local person post a money order or cash.

Less than 1/2 hour later she was told there was no complaint and that she would be released. As she made the phone call to ask for money and tell of her release she learned from Nancy Luckhurst, Founder of the Foundation for Children’s Rights in Sheridan, MI that there was an emergency shelter hearing being held for Emily and that she had gotten a phone call from Emily. Not surprisingly, the shelter hearing happened, yet mom was not served notice of any hearing or allowed to attend.

If not for the supporters of Roger Weidner, Susan Detlefsen of TV show Mother Interrupted, Will Gaston of A Voice for Children, and others, Emily would have been whisked back to MI with none the wiser as there was already a MI DHS “representative” waiting for her at the airport. Not one of the court actors even attempted to have the mother brought into court – they all knew what the script said anyway, this hearing was just for show.

Another hearing was scheduled for Wed 8/17/05. Back in jail when the news of the blocked hearing became known all of a sudden Lynnae was now under arrest on a fugitive warrant. Papers were now produced for Lynnae to sign, which she did not do. So she was held another night, officially strip-searched and placed in the jail.

On the morning of 8/12/05, all of a sudden the “fugitive warrant” had disappeared as fast as it appeared. Release is once again in sight within a few hours. Prior to release she is told she must now see medical personnel. Thinking she was finally going to have someone look and take pictures of her injuries as promised, she agreed. Another psychiatrist was brought in. But a few hours later Lynnae was released without further incident.

Upon getting home at 4:15 PM she contacted her “court appointed” attorney to find out that she was unavailable until the following Monday and no further information about the case could be obtained at that time. At 5:05 on a Friday afternoon when all courts and county offices were closed Lynnae was told by the legal assistant of her “court appointed” attorney Lissa Kaufman that the Wednesday hearing had now been changed to Monday 8/15/05; that her attorney could not meet with her prior to the hearing and that Emily would be sent back to MI following the hearing.

Just before Monday’s hearing several events took place to try and prevent Lynnae from attending, from a false promise of being able to visit with her daughter, to the court clerk and prosecutor saying there was no hearing. Monday’s hearing was also contrived and pre-determined with the judge calling in by phone. The courtroom held about 20 supporters. The child’s attorney, from Juvenile Rights Project lied and stated her client wanted a judge to decide where she went. When confronted by Lynnae, on the record she suddenly had nothing to say.

For 20 minutes Lynnae challenged each and every one of the public employees for not doing their job; for not being properly noticed; for the illegal arrest and invasion of the house; the violence of the attack on her and her daughter and for holding sham proceedings with a predetermined outcome in a Kangaroo court. Mrs. Frances Weidner also spoke on the violence of the attack and ascertained the non-abuse of Emily and the loving bond mother and daughter had. She also stated that she herself had volunteered for child protective services in getting help for abused children and that this child was not abused.

The judge stated the pick up order faxed to her by Midland MI was expired by 2 months and court would now be adjourned to Wednesday 8/17/05, so that the matter of the expired order could be looked into.

A visit with Emily was demanded and granted. At that visit Emily appeared extremely ill, her face swollen and red, a sore throat and eyes that could barely remain open. She proceeded to tell her mother that she had been forced to promise not to tell certain things and exactly what they were. She told how she was repeatedly being bribed and forced to look at documents that stated she was going back to MI. She begged repeatedly to come home. She was extremely agitated because they only had one hour and young girl could not take her eyes off the clock, commenting over and over in fear at how fast the time was going. She complained that the pepper spray was still burning and bothering her, but was told she had to wait for it to go away. She could hardly stay off her mother’s lap.

On 8/17/05 Lynnae was met at the courthouse by caseworker JD Devros and told to have Emily’s belongings delivered. The court appointed attorney, Lissa Kaufman, said this is how the judge is going to rule and that the concurrent hearing between Midland, MI and Portland, OR were going to be held via phone.

Emily’s attorney Haxton stated she had nothing to say. Kaufman once again asked to quit and was subsequently fired by Lynnae. Lynnae also condemned and fired her MI court appointed attorney, John Wilson, as he was announced.

It was clear from the outset that nothing Kaufman, Lynnae or any of the supporters had to say or introduce into evidence mattered. Lynnae challenged and charged Haxton, Judge Waller and caseworker Devros, peppering them with questions they all refused to answer. All motions and petitions before the court were summarily dismissed as Judge Waller refused to hear any of them. Roger Weidner stood and told the judge that none of the state workers Lynnae was condemning in either Portland, OR or Midland, MI denied the truthfulness of her charges. The basic theme was “you have her, we want her, send her” and it was done.

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