Judge D. Charles Bailey Traffics Abused Child?

Latest Ruling Proves Judge / System Doesn’t Care for Boy’s Safety

Federal Civil Suit Filed for Eight Years of Systemic Abuse, Seeks Protection for Child from Court-Ordered Reunification with Alleged Sex Abuser

Hillsboro, OR – According to the Oregon Judicial Department (OJD), Children & Families, Family Law website, “The best interest of the child is the main focus in making decisions about custody …” Obviously the OJD believes that’s what a judge should weigh when deciding who gets custody and shares time with a child.

Washington County Circuit Judge D. Charles Bailey

In Oregon’s Washington County that has not been the experience of KM, an abused boy who is being forced by Judge D. Charles Bailey to reunify with his father, Terry Allen McCleary, who according to a federal suit filed on KM’s behalf, “made him eat his own feces, made him watch pornography, shot him in the torso with a rubber bullet, and allowed a friend, identified as ‘Worm’ to whip him with a Bondage sexual masochism whip.” Judge Bailey has been informed of the accusations against the father, as well as the founded sex abuse claims against the father’s mother, Connie McCleary, who also allegedly abused KM. All of it is being disregarded as Judge Bailey moves forward with plans to reunify KM with those the boy claims to have abused him, even going so far as admonishing KM’s current custodial guardians for their attempts to protect KM.

Terry McCleary

For the last 8 years, 14-year-old KM has been the focus of a contentious custody case. Since 2019, KM has been told by the Washington County Family Court, first through Judge Keith Raines and more recently at the order of Judge D. Charles Bailey that he is to be reunited with his “abusive” father. It’s a prospect that continues to frighten KM, whose only safe place has been found with his loving maternal grandparents, Ann and Dave Samuelson – Dave has legal custodial guardianship.

KM disclosed the abuse he’d suffered at the hands of his father, Terry, and grandmother, Connie, multiple times to mandatory reporters over the years. Many reports have been filed, and in an investigation conducted by the Oregon Office of Training, Investigations and Safety (OTIS) abuse was found to have been committed by Connie McCleary.

According to the OTIS Investigator, Katie Nelson (as quoted from the OTIS report):

“In speaking with KM, he shared the same concerns of physical abuse and sexual abuse by his father. He has written numerous times and shared with OTIS that no one has told him what to say and what he has shared is the truth from his own experience. In his first meeting with OTIS, he reported Connie and Terry McCleary both touched his penis in the bathroom and bedroom of the McCleary’s residence.

Connie McCleary

“… Based on the substantial evidence obtained throughout this investigation, there is strong evidence to support the allegation Connie McCleary sexually abused KM over several years while he was in her care. He has made consistent disclosures over six years to various individuals, been diagnosed with PTSD related to childhood abuse, and demonstrated severe trauma reactions related to Connie; therefore, the allegation of sexual abuse by Connie McCleary to KM will be closed as FOUNDED.”

It is important to note that OTIS was only investigating claims against Connie McCleary and was not authorized to make any findings against Terry McCleary. It has been reported that OTIS was aware of reports made to DHS regarding allegations against Terry McCLeary.

Yet here is the state, through the Washington County Family Court, pushing to force KM to have regular contact with the father, something KM is firmly against as clearly shown in these excerpts from a letter written by KM, as quoted in the OTIS report:

“… I really want somebody to start listening to me about how people to believe what my dad did and “why can’t I see my other therapist”. And I think my dad is dangerous which is the reason I don’t want him to be around me.”

Ann Samuelson said, “He [KM] already suffers from diagnosed PTSD because of everything he’s endured.” Her frustrations have mounted as evidence of the abuse has been totally and factually ignored by not only corrupt Clatsop County District Attorney (DA) Ron Brown, whose office received the numerous reports of abuse and the founded complaint, but Judge Bailey’s court as well as it moves forward with the custody case.

One of the ignored reports includes one taken on 10/19/2019, when Clatsop County Sheriff Detective, Jodi Libertad, investigated an incident involving then 10-year-old KM. The report is heavily redacted. It reads in part:

“… he made disclosures about the time he spent with his dad in February of this year. … disclosed during the night previously mentioned he was in bed alone with his father … said his father was talking gross and doing gross things. … said his father was touching him and while he said this, pointed towards his penis. … said his dad got close up to him. … described … how his father’s penis was erect. … told his dad had to go to the bathroom to ‘beat it.’”

Libertad noted that she “contacted the DHS Child Abuse Hotline and made a report.” The detective further stated the report was being forwarded to DHS and the Astoria Police Department.

Why was this and all the other reports not followed up on with criminal charges? Again, the only one who can answer that is DA Ron Brown.

The Samuelson’s have cared for KM since he came to live with them full-time in 2019 after the allegations of abuse surfaced and their own daughter, KM’s mother, “disappeared into her addictions.” Their care has been instrumental in KM’s growing confidence and well-being. Ann has said she believes the court is acting like child traffickers, “especially with the latest ruling where Judge Bailey is forcing us to get a $10,000 bond to make us comply with visitations between [KM] and his father.” Judge Bailey even went a bit further and suggested he’d be willing to be the “bad guy” and send KM back to his father if the grandparents didn’t comply with his dictates. The grandparents viewed this as a threat to pay up or Judge Bailey is moving the boy to those KM has identified as his abusers. The fact remains, KM is now a 14-year-old and has made it clear that he is not going to be forced by anyone to be with those who he claims to have sexually and physically molested him.

Ann went on, “After these experiences we believe there is absolutely an extreme bias against us, and more importantly a bias that threatens the safety, well-being, and best interest of our grandson.”

What depraved judge orders grandparents, who are trying to protect their grandchild from those who allegedly abused him, to pay for a $10k bond in an attempt to force them to give that child back to the alleged abuser for visits? Judge D. Charles Bailey, that’s who. Bailey, in 2019 as presiding judge, resigned his position because he couldn’t handle a new, woman chief justice telling him what to do, and in good, old, narcissistic fashion tried to spin it and make her look bad in his resignation letter:

“… you deserve to have a Presiding judge that you have faith in and will not feel the need to micro-manage. This resignation will give you the opportunity to hopefully find that judge.”

In KM’s case, Judge Bailey is obviously not following the tenets set down by the OJD to guide his decision-making process. These principles are posted on their website and are titled, Factors a Judge Will Consider (how KM’s case relates to these factors are in parenthesis):

A judge’s primary consideration in deciding how to award custody is the best interest of the child. To decide the best interest of a child, the court will look at these factors:

• The emotional ties between the child and other family members
  (In KM’s case, KM’s emotions regarding his father are fear and anxiety.)
• The interest of the parents in and attitude toward the child
  (Multiple expert counselors and psychologists believe Terry McCleary physically and sexually abused KM.  According to these experts, McCleary does not care for KM’s best interest and allows his mother Connie and (according to the federal suit filed) registered sex offender Thomas “Worm” Hayes, to have access to KM, clearly showing his lack of regard for KM’s safety and well-being.)

• The desirability of continuing an existing relationship
  (KM has stated he will not comply with any order forcing him to reunify. He has expressed himself to all who will listen, he wants nothing to do with his father.)

• The abuse of one parent by the other
  (What about alleged abuse by the parent on the child?)

• The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court
  (KM prefers to live with Ann and Dave Samuelson, his current custodial guardians, and has made this known to each of the attorneys who have been appointed to represent him.)

• The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child
  (KM should not be encouraged to have a relationship with someone who allegedly sexually and emotionally abuses him.)

A judge cannot give custody to a parent just because the parent is the mother or father of the child. Also, the judge will consider the conduct, marital status, income, social environment or lifestyle of a parent only if it is shown that those factors are causing or may cause emotional or physical harm to the child. (Conduct and lifestyle are imperative in KM’s case.)

And then there is the law to consider. ORS 107.137 states:

“However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child. “

Clearly, according to the above guidelines and state law, Judge Bailey should rule that KM should remain with Ann and Dave Samuelson. Instead, Bailey is striking evidence of the abuse from the record, as requested by KM’s own court-appointed attorney, Amy Velazquez. These actions by those who are tasked with protecting KM should be considered criminal.

Attorney Amy Velazquez

Speaking about Judge Bailey and KM’s attorney, Ann stated, “Amy Velazquez, asked Judge Bailey to order us, as grandparents, to pay 40% of her attorney fees. Terry McCleary’s attorney, Phillip Jones, quickly asked that this be retroactive. It was clear to us, this had been discussed prior to this hearing. Judge Bailey, with no discussion or questions from us, ordered it.” Ann continued, “We got to our car after the hearing and had a bill in our email for almost $5,000.00. Our grandson had only ever been seen once by his attorney, and that was in April of 2022. The abusers of our grandson have spent far more time with his attorney than he has, just as they have done with 3 of the 4 attorneys KM has had. They have strongly influenced each of KM’s attorneys. This whole thing is one big racket and we have often wondered if both Clatsop and Washington County are involved in the kids for cash scheme.”

Attorney Robert Parker

The Samuelson’s opinions are shared by many, including KM’s federal civil rights attorney Robert Parker, himself a victim of systemic abuse.

Mr. Parker has filed a $150-million federal civil rights lawsuit for KM citing intentional infliction of emotional distress, and violations of the 14th Amendment, among other claims. He is also seeking an emergency injunction to stop the family court case from moving forward.

When asked about the suit he filed, Mr. Parker replied, “I usually don’t comment on ongoing litigation, but this boy needs immediate help. I mean, in what reality does forcing an abused child to be in the custody of his abuser make sense or seem like it would be in the best interest of the child? I have filed suit against those parties that have wronged or failed this boy.”

These parties include KM’s abusers – his father and his father’s mother; Clatsop County Child Protective Services (CPS); Clatsop District Attorney’s Office and Ron Brown individually, who has refused to prosecute multiple charges of abuse, for years – which could be related to a political fight that DA Ron Brown had with Ann Samuelson; Washington County Judge D. Charles Bailey, in his official capacity, for his willful disregard of the abuse allegations; pediatrician Charlene Sabin, who reportedly determined KM’s abuse as being “historical” and nothing the court should consider when determining custody (more on Sabin below); KM’s previous court-appointed attorney, Peter Bunch, who rather than admitting his lack of representation and relationship with KM, slandered the Samuelsons to the court; Phillip Jones of Goldberg Jones in Portland, Oregon who represents Terry McCleary in the custody suit who is “putting forth arguments to the court which it appears upon information and belief he has failed to properly investigate … to the detriment of the minor child”; present court-appointed counsel to KM, Amy Velazquez, who according to those involved, has never represented KM’s best interest and has sought to cover-up the abuse by requesting that it be stricken from the record. Further, it has been reported that Velazquez has even tried to interfere with Robert Parker filing the federal suit on behalf of KM.

“It is a racket, and none of these people should be making decisions for this child, or for that matter any other child,” Parker asserted.

Dr. Charlene Sabin

That is surely true for Dr. Charlene Sabin. Sabin was instrumental in KM’s case as “Case Manager, regarding the reunification process” to remove KM’s chosen therapist, Dr. Mel Langston, PhD. Langston had “reservations” and felt it “detrimental to KM’s mental health … to attempt reunification.” Sabin went on to steer the court in her favored direction, all under the guise that reuniting with the abusive father would be good for KM’s well-being. Imagine trying to tell a rape victim that they have to live with their rapist because it’s good for them, but that is literally what Sabin was selling the court, and the court literally lapped it up. Sick.

Sabin is known for over-inflating her credentials and even claiming to offer psychological services when she is not a licensed psychologist (she has since removed those services from her website when she was challenged in court on a separate case) – Google her name and read reviews about her practice. It has been reported that Charlene Sabin sides with the party that pays her, to the point that she disregards facts, and just as with KM’s case, tries to spin the court in her client’s favor. In fact, so many parties have reached out to us regarding Sabin’s involvement in their custody cases, the US~Observer is currently investigating Dr. Sabin. We will publish our findings in the near future. One thing is sure, so far, it’s not looking good for the “doctor”.

After Parker filed his federal suit, KM’s father filed a motion in the family court for immediate custody and attorney’s fees, suggesting that the grandparents were just intervenors unwilling to follow court orders. When, in reality, Dave and Ann Samuelson are the only people protecting KM from those who would “sexually, physically and emotionally harm him,” and a court system that has enabled those reported abusers.

Clatsop County District Attorney Ron Brown
Photo by George Vetter

Perhaps Clatsop County District Attorney Ron Brown should dust off those eight pending charges of physical and sexual abuse against Terry McCleary and give KM’s father the criminal trial he deserves. But Brown is a bad prosecutor who has targeted numerous innocent people for prosecution in the past, instead of truly guilty parties. No one knows that better than Dave Samuelson, who himself was wrongly pursued by Brown. It’s a case the US~Observer reported on to its rightful and just conclusion – innocent. Because of his inaction, it is clear Brown has hopped into bed with alleged rapists and abusers.

Brown deserves to lose his position, and the citizens of Clatsop County need to take notice that Brown is not interested in justice, especially for those who are the most vulnerable. He is factually every bit as depraved as Judge D. Charles Bailey!

It is a fact that a criminal trial and conviction would literally set KM free, once and for all, to live his life without the fear of being abused by both his family and a court system who ignores his pleas for help. Until that day, those that love KM plan to fight for him however they can. They hold out hope that the federal courts will stand up and take notice of this unprecedented miscarriage of justice and abuse. That would be in the best interest of this child, and that is what this is all supposed to be about.

The US~Observer would like all those involved to know that we will ensure the public is aware of what is going on and who is doing it, in hopes that this boy’s abuse ends, and he is allowed to stay unmolested by a justice system that is all too eager to hand him back to Terry McCleary, a man who himself should have been prosecuted long ago.

Editor’s Note: This case is a disgusting miscarriage of justice, malpractice, and systemic abuse. KM deserves to feel safe and remain with his loving and responsible grandparents, Ann and Dave Samuelson.

 Anyone with information on, or photographs of, any of the individuals in this article contact the US~Observer immediately at 541-474-7885, or by sending an email to editor@usobserver.com.

Tell these people to do what is right by KM!!!

Reach out to Judge Bailey:

Phone: 503-846-8888 ext. 70595
Email: D.Charles.BAILEY@ojd.state.or.us

Reach out to Ron Brown:

Phone: 503-325-8581
Email: da@ClatsopCounty.gov