Oregon Family Court and Child Services Abandons Young Man
Child’s Welfare Ignored – Judge Bailey Orders Boy to be Seized from Caregivers, Given to Alleged Abusers, Fines Custodial Grandparents $1,000.00/day
By Ron Lee
Washington County, OR – “I’m not leaving because you hurt me when I was a little kid, and I’m not going to let that happen again. I have proof.” Abuse survivor, six-foot-tall, almost 15-year-old Keegan McCleary can’t stay silent anymore – he feels abandoned by all the state agencies and processes that are supposed to help him. For 8 years he’s been pushed through the Washington County, Oregon, Family Court in a custody case that started with abuse allegations against his father — allegations which have been ignored by Clatsop County Prosecutor Ron Brown for the past eight years. For the last 5 years, Keegan has been thriving under the custodial care of his maternal grandparents, Ann and Dave Samuelson, but barring any extraordinary intervention, that is about to change, and Keegan is being forced by the Family Court into the home and hands of his alleged abusers — a prospect which has triggered night terrors, severe trauma, anxiety and horror for this brave young man.
Keegan’s safety, his security, his very life is being determined by one man: Washington County Judge D. Charles Bailey. Bailey has never even talked to Keegan to know what he wants, nor does it appear to Keegan that Bailey cares about him in the slightest, seeing as though he ruled to disregard all evidence of the abuse Keegan states he suffered.
All this was gleaned from letters and conversations Keegan shared with US~Observer’s Editor-in-Chief, Edward Snook.
“Keegan is right,” Snook said, recalling that on August 4th, 2023, Judge Bailey signed an order, in a hearing where Keegan had no representation present (ex parte), removing Keegan from the Samuelson’s and giving custody to Keegan’s father, Terry McCleary. The problem: Terry McCleary, according to Keegan, has been physically, mentally, and sexually abusive to him. It is something that Keegan has disclosed on many occasions to doctors, counselors, family, child services, and anyone else who could potentially help protect him.
“You can’t get more corrupt than having Judge Bailey look the other way when counselors, even state agencies step forward and say there has most likely been abuse at the hands of the McCleary’s, and then Bailey rules to hand Keegan over! In fact, he seems more interested in soaking the Samuelson’s for all they are worth than providing Keegan with a safe environment.” Snook went on to say, “And let’s not forget that Bailey made this ex parte, backroom, ruling AFTER Keegan’s federal lawsuit had been filed where Bailey is named as a defendant! This is a clear case of retaliation and there is no one looking out for Keegan, other than Ann and Dave Samuelson and the US~Observer.”
Through his attorney and grandparents, in May of 2023, Keegan filed a federal civil rights lawsuit against everyone associated with trying to give him back to those who he believes hurt him. Not only does this include his father but his father’s mother, Connie McCleary, who had an open case by the Office of Training, Investigations and Safety (OTIS) of “founded” sexual abuse against Keegan. Those allegations, however, never stopped Connie McCleary from being present at hearings regarding Keegan’s custody or making herself present at every other turn involving Keegan, her son, Terry, or Keegan’s mother, Kristin.
Even though there have been multiple reports of abuse, the district attorneys in the counties where the alleged abuse took place are not moving forward with the charges against Terry McCleary. Some have speculated that this is politically motivated as Connie McCleary, Terry’s mother (Keegan’s paternal grandmother) used to be involved in county government, and Clatsop County District Attorney, Ron Brown has an axe to grind with the Samuelsons – something you can read about in previous articles of the US~Observer.
With parties inside the Washington Family Courthouse coming forward on the condition of anonymity, recent hearings have come to light wherein the Samuelson’s are being held in contempt for not handing Keegan over after the August 4th ruling. According to these parties, Ann and Dave Samuelson are being separately charged $500.00 per day while Keegan stays in their custody. They have further suggested that both Samuelsons have been purposely improperly served so that this case could move forward.
In fact, the US~Observer received the following account of a hearing held on November 1, 2023:
The hearing started off with Philip Jones asking for default judgment against Dave Samuelson, who wasn’t there, because he had not been served properly. The papers had only mentioned Ann Samuelson, but Mrs. Samuelson did not have any chance to even say that, before Judge Bailey agreed to a default that would amount to about $60k and counting.
Mrs. Samuelson stayed calm and mentioned that she had been denied counsel. Judge Bailey said that under the 6th amendment, she could only have a right to counsel if she faced jail, but this was just about money. That’s primarily what this case has always been about — how to get the Samuelson’s money by putting the child in jeopardy and forcing them to jump through costly hoops hoping to save him.
Mrs. Samuelson talked about the truly important issues — that the grandparents, who had been given permanent custody because both of the parents had been deemed wholly unfit, had spent hundreds of thousands of dollars caring for him, healing him from the abuse, and now Bailey’s ruling jeopardized his healthcare, mental wellbeing, and his safety.
When Mrs. Samuelson mentioned the upcoming appointment at OHSU for the child’s chest injury, caused by his father shooting him in the chest, the judge just snorted.
Judge Bailey did not want any discussion about his decision, because he felt 100% confident in it. When Mrs. Samuelson said he had no idea of the destruction he was wreaking on the life of the young child, whom he had never met, Bailey burst out “I’d like to meet him.”
That begs the question: why hasn’t he? Why did he abdicate his duty to do what was in the best interest of the child?
He blamed the Samuelsons for defying his god-like judicial wisdom, and reminded everyone that he was not just an officer of the court, but Judge Bailey actually said, “I am the court.”
Judge Bailey had previously ignored ALL the therapists’ testimony of the horrific abuse the child had suffered, therapists who worked with the boy when he first disclosed abuse at age 6, and those who worked with him for years. The Judge had all those reports stricken from the record. He deferred to pediatrician Dr. Charlene Sabin, who spoke to the child for maybe 30 minutes, but who advocated for his abusers. Dr. Sabin has a known track record of being an adherent of the fully discredited theory of Pedophile Richard Gardiner’s Parental Alienation Syndrome. She literally said the kid “should learn to be safe” with his abuser, rather than protecting him.
When Mrs. Samuelson pointed out that Bailey had just plain failed to rule on the motion for professional supervision since BOTH parents had been deemed unfit by another judge, Judge Raines, Judge Bailey did what he does best and ignored it. Just as he ignored it when she pointed out that he failed to rule on a motion for clarification. It’s as if he blames the grandparents for protecting the child. It was clear that he was angered that they didn’t roll over and hand the child to his abusers.
When Mrs. Samuelson said that she cannot physically put a kid who is 6-feet-tall in a car and make him go to his abusers, it seemed to register. She said she could put her 3-year-old other grandson or newborn granddaughter in a car and make them go somewhere, but not a teenager. She made it clear; he does not want to go. Will not go. That seemed to register.
Bailey told her to tell the boy that UNLESS he goes with the McClearys, his grandparents will be charged $500/day each. Mrs. Samuelson said she would not put that on him, and Bailey said, well, he is old enough to have consequences. Again, failing in any way to give consequences to the child’s alleged abusers. It appears that our family court system is a predatory arena where abusers are frequently given custody and protective parents are bled of all funds in desperation to keep a child safe.
Mrs. Samuelson said it was ridiculous to levy a fee like that, when the money should be going to care for the child, for his braces or college fund. She noted that Judge Raines had said they were wealthy grandparents.
Bailey then railed at Mrs. Samuelson for depriving the child of the pleasure of the company of his abusers now that she has spent a fortune stabilizing and caring for him. He completely overlooked the laws that said there must be a change in circumstance for modification, which Mrs. Samuelson pointed out, and noted that there had been none. She reminded Bailey of the tenant that says the statue clearly states the best interest of the child is not to be in the custody of someone who has been sexually, physically, or emotionally abusive. He ignored that these people have shattered his psyche and only through patience, love, careful stability has been able to attain a level of competence that would never have been possible in the hands of a mother who, according to police reports has struggled with substance abuse, domestic violence, and mental health issues, leaves the poor child in trauma, or with the father who the boy alleges physically and sexually abused him, and who had no interest in caring for him, or with the grandmother who allegedly sexually abused him.
Mrs. Samuelson noted that her daughter, the child’s mother, Kristin, had been a caring and protective parent but that the family court system had contributed to her psychotic break, and that they had lost a daughter. I had the sense that Kristin’s siding with her son’s abusers disgusted the child so much, there was no going back from that.
Mrs. Samuelson noted in court that there were more instructions for adopting a cat at the shelter than the utter lack of provisions in Bailey’s Judgment for them taking the child. In fact, Bailey just mandated, “Parents alternate weeks. Switch to be made at 5 on Sundays.” That was it. Nothing about school or insurance or vacations or visits or activities or health conditions. Nothing. Two lines as opposed to 28 pages, which is more often the case.
Towards the end of the hearing, it did seem to dawn on hm that Mrs. Samuelson was right that she could not physically make the child go to his biological parents. Phil Jones suggested that if she could make him go to school or Karate, she could make him go to his abusers. Mrs. Samuelson noted, “He wants to go to school. He doesn’t want anything to do with the people who abused him. He will run away.” She then asked, “Would you rather have him on the streets or safe?” She was told anything she says about what the boy will do or say is hearsay, and she was not allowed to say anything the boy had said. The child’s voice was not allowed anywhere, because it was hearsay. Judge Bailey never brought him into chamber for questioning or put him on the stand. Bailey just erased his voice, just like he struck the record of the abuse. The previous four therapists who had been vocal about the authenticity of the child’s account of the abuse, had their testimony stricken from the record.
Further, Bailey denied there was any duty by the court to keep a child safe.
Mrs. Samuelson noted that if he were a girl, he was of an age where he could choose an abortion. He is clearly old enough to know where he wants to live. And he will not live with his abusers.
Bailey then told the parents, they would be better off writing him a letter, if they love him and are open to a relationship with him. He did caution them that if they force this, it will not turn out well for anyone, and he urged them not to force this. He intimated it wouldn’t be a long-term situation at any rate. Judge recognized that the child will emancipate at 16 anyway, which is just a year away, and that it was too late for a relationship at this stage. Yet, recognizing it, he still ruled to force it, and left it to the abusive parents to do the “right thing,” which they have not done in 8 years.
Just days later, Sunday, November 5th, the McCleary’s showed up at Ann and Dave Samuelson’s to take Keegan into their control. A video uploaded by a family friend showed them ask for Keegan to come with them and Keegan refused. He stated that he was hurt by his father, and he refuses to be hurt again. He said he has proof.
His paternal grandfather, Terry McCleary Sr., said, “… It’s not going to happen again.”
As his father stepped toward him, Keegan reeled back in obvious fear and ran into the home and locked the door.
Terry Sr. shouted out to Ann and Dave Samuelson, “That’s a $1,000.00 on you today.” Later he said, “Next time we come back we’re taking him. Next time, you’re going to be in jail.”
In the background, Kristin Samuelson, Keegan’s mother, shouted out toward her mother, “You $1,000.00 whore!” The US~Observer believes you have the logic backwards, but way to be an example for your child.
Keegan reached out to the US~Observer saying, “I’m good,” when asked if he was alright after the attempt to take him and his mother’s outburst. He went on to say that he looks forward to the day he can be emancipated and live with whoever he wants, because that would be his grandparents, Ann and Dave, who have given him the very best life he could have had for the last 5 years.
It has been rumored that Connie McCleary’s case with OTIS has been deemed “undetermined” for undisclosed reasons. The US~Observer would like to know what that conclusion was based on, considering Keegan never had a chance to tell his side of the story. However, we have been informed by Keegan that has just provided them with this evidence – the passed polygraph – in the hopes that this time, they will believe him and do something to help him.
According to Keegan, OTIS and Child Services have thus far failed to do what they promised him; to hold the McClearys accountable for their behavior toward him. In fact, Keegan recently recorded a phone call to the Child Service’s Hotline where he told them about his passed polygraph. He told them that CPS promised to keep him safe, and they aren’t doing it.
Keegan maintains the polygrapher noted there was no deception whatsoever on any of the responses. Keegan says he was asked the following questions:
Were you abused by Terry McCleary and Connie McCleary?
He says he responded with, “Yes.”
In the last five years, have you had nightmares about possibly seeing Terry and Connie?
Again, he says he responded with, “Yes.”
Did Dave or Ann Samuelson ever tell you to lie or make up a story about the abuse?
Keegan was strong in saying that he said, “No.”
So, what now CPS, OTIS, Judge Bailey and everyone else involved? What are you going to do now that the victim has proven it himself? HE IS THE VICTIM! He’s had no coaching. What he has stated time and again is the absolute truth, according to a scientific tool! Quit trying to harm him further.
“It is abhorrent that these people and agencies act out of retribution for being named in a federal lawsuit.” Snook raged.
At the end of the day, Oregon law has been violated by those who say they uphold it, and one young man is their clear victim, but Keegan will remain silent no longer, and you better believe he is finding his voice.
“I want to help other kids who are going through scary family court situations, and I’m going to keep telling the truth, so they can see it’s okay for them to stand up for themselves.” –Keegan McCleary
You go, Keegan, we’ve got you.
Edward Snook’s Note: I have spoken with Keegan numerous times and received the results of the polygraph test. I have thoroughly checked out the polygrapher. There is no better polygrapher and the test is valid and conclusive.
What amounts to further child abuse in this case by Judge Bailey, Prosecutor Ron Brown, numerous counselors and even Keegan’s own attorneys forces me to speak out on behalf of Keegan. You will all pay for this unbelievable atrocity. If not now, then when Keegan is old enough to pursue his own civil rights lawsuit and certainly when God judges you – you will all look for a rock to hide under! I cannot find words strong enough to describe how despicable your actions toward Keegan have been, but I can assure you this, your friends, neighbors and families will know what you have done before I am finished.
Now hear this loud and clear: If what I have accused you of weren’t true you would obviously sue me for defamation. You would never dream of doing so because the truth is an absolute defense against defamation. Further, you realize that Keegan McCleary would be my first witness to take the stand – and we all know he has a lot to testify to.