March 24th, 2014

California CPS Officials Retaliating Against Father who Secretly Recorded them to Expose Abuse (Updated) 50

By Carlos Miller

I received the following email from Scott Rolick threatening legal action against me for posting the videos he encouraged me to post, so I removed the videos, not wanting to spend any more energy than I have to on this issue. I’m done with this story. The original story, however, remains below.

*****

DATE 4/3/2014

Dear carlos

Your website is currently linking to my video : http://photographyisnotacrime.com/2014/03/24/california-cps-officials-retaliating-man-video-recorded-expose-abuse-power/

This email to you is notice to you that you are illegally linking to and/or using this video and/or distributing this video This is my video. I did not and do not authorize you or your company and/or website to display and/or use and/or distribute this video in any manner, and I demand that you immediately remove it from your website and any other form of redistribution. I also demand that you destroy any form of this video that may be in your possession, either on your server or hard drive, or any other electronic storage device. Please note that the Ventura County Superior Court has ordered this video removed from all sources, and your failure to comply with my demand for same will be considered a violation of a court order.

Confirmation of the requested action is required. Please send email confirmation, the subject of which shall be noted “Video Removal”, directly to my attorney at: jani@anilaw.com.

If you have any questions please contact me on my cell phone immediately at (805)814-6447.

This email is notice to you that any failure to comply with the demand to remove or to confirm removal via email he video shall force me to seek all legal relief available to me, including but not limited to a civil abatement action, and attorney fees incurred as a result of having to enforce this demand.

Sincerely,

William Scott Rolick,

cc: Jennifer Ani, Esq

****

First, Ventura police raided Scott Rolick’s home, saying they were looking for drugs being sold by his girlfriend’s grandfather who lived at the home with the couple.

Then, after making no arrests, they returned five days later with a Child Protective Services worker who falsely accused Rolick of using drugs, removing his four-year-old daughter, Stevie, from the home and placing her in foster care – even after he and his girlfriend tested negative for drugs at the local police station.

And then, after he secretly video recorded a conversation with a CPS case worker the following week, who urged him to “suck it up” and attend court-mandated drug classes to “look good in court” ( despite there being no evidence he is even a drug user), the agency stripped him of unsupervised visits with his daughter in the foster home where she is rooming with a boy who has stolen from her.

She also lives among troubled teens who have difficulty controlling their temper in the Casa Pacifica facility, one who can be heard shouting in the top video, “open the fucking door!”

It is a harrowing story to the least, especially since he is told they have no available supervisors to oversee his visits with his daughter; a blatant abuse of systemic powers where they will now try to use California’s wiretapping law to keep him from spreading the truth about their abuse.

California is a two-party consent state, meaning he is not allowed to record others whom have an expectation of privacy, so they do have a legal argument.

In one video, footage from the foster home appears that it was recorded in a courtyard and doesn’t contain anybody else’s voices besides his girlfriends and the screaming boy, who Rolick says is about 13 years old, so it might be difficult to prove he broke the law.

But the footage with the case worker appears to have been recorded in an office without anybody else within earshot, so that might not work in his favor.

However, the state’s wiretapping law includes a provision (PC 633.5) that states it is not illegal to record surreptitiously if it is for the purpose of gathering evidence against “extortion, kidnapping and bribery.”

And that is pretty much what is happening here.

Besides, the wiretapping laws in this country need to be updated to allow citizens to record their interactions with public officials, especially when they are trying to disrupt your life.

But now the 37-year-old is looking for a lawyer to represent him on Tuesday in a hearing in which Child Protective Services will ask a judge to order the removal of the two videos in question from the internet.

However, the videos are not even in his control anymore. They were first posted on Barry Cooper’s Never Get Busted Youtube channel, a former drug enforcement officer turned antiwar drug war activist who was the first to break the story.

I then posted them on Photography is Not a Crime’s Youtube channel to show the court that they will never be able to remove these videos from the internet, so hopefully more people do the same.

The second video may also cause him some problems because he recorded a CPS worker without informing her in a call where she stripped him of his visitation rights and threatening him with legal action in regards to the first video.

“I have many more damaging video that I have not posted yet,” he said in an interview with Photography is Not a Crime Sunday night.

He has received calls from the Ventura Police Department wanting to speak with him about the videos, but he has no plans to talk to them.

In fact, he left his home in Port Hueneme and is now living in an undisclosed area because he fears police plan to arrest him.

But he still talks daily to Stevie by phone, who believes she is attending some type of summer camp.

“She says, ‘daddy, I want to come home,’” he said.

But it is not clear when she will be coming home. The night they took her, Rolick’s brother drove from Hollywood to pick her up, but they would not allow him to talk to her.

The nightmare began on February 21 when he was doing lawn work in his front yard when a bunch of cops came running up, ordering him to get down on the ground.

“‘Do you know why we’re here?” they asked.

“No,” he responded.

“Grandpa’s been bad,” they said.

They handcuffed him and left him lying on the side of the street as they entered his home with a search warrant signed by judge Mark Borrell apparently in search of drugs, not having to use the battering ram they came equipped with because the door was unlocked.

They told him they had  arrested his girlfriend’s 70-year-old grandfather during a traffic stop for “sale of narcotics,” Rolick said.

They left 45 minutes later without giving any more explanation.

Two hours later, his girlfriend’s grandfather returned home, telling them he had just been pulled over but not arrested, not giving any more details than that.

Rolick said the man pays rent in the four-bedroom home but mostly keeps to himself, leaving everyday at 8 a.m. and returning home by 4 p.m. and never receiving any visitors.

He is also very sick, suffering from cancer and diabetes, requiring twice-daily intravenous infusions, and is currently in an intensive-care unit after CPS ordered him out of the house.

Rolick said his arrest is very mysterious because there is no mention of it in the Ventura County judicial website.. And police have not released any details, citing a pending investigation.

But it’s clear the grandfather has not been charged yet nor is it clear exactly what they suspect him of doing nor what evidence, if any, do they have against him.

In one CPS report, it was alleged that they found water balloons for packaging heroin when in reality, the water balloons are used for Stevie and her friends to toss on each other for fun.

Five days later, Ventura police returned with a CPS worker named Christy Byrne, who accused him of being under the influence of drugs.

However, when he and his girlfriend went to the police department for a drug test, it came out negative.

But by then, CPS had already taken Stevie and were not about to return her.

Rolick is aware that he may have violated California’s wiretapping law by secretly recording them but it was all he could do to expose the truth.

“I”ll go to jail for this because it needs to be exposed,” he said.

Below is a screen shot from one of the videos with numbers of whom to call.

UPDATE: Was just informed by Rolick that police did find a small amount of methamphetamine under the grandfather’s pillow, but have not filed any charges.

Screen Shot 2014-03-24 at 4.28.22 AM


Send stories, tips and videos to Carlos Miller.
  • nrgins

    You have to ask yourself: why would they do this? Why would they take a little girl out of a home with absolutely no evidence of drug use by the parents, and their drug test coming back clean, and making stuff up on the report, saying they were arrested for narcotics. What’s in it for them? It’s gotta be money, which is the motivation for every other corrupt action in every other corrupt agency. They probably get more money the more children are in their care, allowing them to keep their jobs. Probably, if they didn’t have a certain number of kids in their care, they’d have to start laying people off. So it motivates them to take kids away from their families, even with no good cause, to keep the money flowing. They probably pat themselves on the back at the same time (much like corrupt cops do after beating someone up), telling themselves they’re doing a good thing. And the public applauds them, seeing just summaries like “5 year old girl removed from home of drug users.” When is this going to end???

    • stk33

      Yes, indeed the whole CPS business is in very big part about steering parents to buying “services” from connected firms. I imagine, the meter of corruption in all that is out of scale. Even that special stretched scale for the government.

    • Joseph Edward Bodden

      FYI when CPS holds a child in custody for one year, the Mondale Act (if memory serves) provides them with a twenty thousand dollar ‘support’ payment… and what is the average length of time a child is held by CPS even when there is no evidence to support any allegations?… just over one year.

      • Joseph Edward Bodden

        I also personally know of children taken because ‘the youngest child is not growing properly showing proof that he is being starved for nutrition’… the same child in CPS custody for a year DID NOT GROW – but CPS simply told the judge that it was obviously a medical condition… with them, not the parents. The older children were judged to be ‘alienated’ from the family, and were ADOPTED OUT TO NEW PARENTS against the wishes of the real parents. Yes, slavery and human trafficking are alive and well in Mendocino County.

        • Happy Tinfoil Cat

          The DA went so far as to charge my parents $50K for restitution to pay for the care for the child they stole. My parents had never done anything to warrant stealing the child in the first place. They had to pay or go to jail, so they paid with a check marked “PAID IN FULL”. The DA sued them in court because he decided to double it or something. The judge ruled that “paid in full” is paid in full. Meanwhile, my parents’ lawsuit went nowhere. The state ruined a perfectly good kid due to the mental issues of a crackpot psychiatrist who believed that every girl is molested whether or not they remember it.

        • nrgins

          Human trafficking, indeed. Sick. The love of money is the root of all evil.

      • nrgins

        That’s just sick. So sick.

    • Joseph Edward Bodden

      to the best of my information, the snake in the grass here is The Mondale Act, which has the Federal government paying twenty thousand dollars for ‘upkeep’ for a child seized and held for one year. Check the statistics and see how many children are released to their parents before one year… in many cases even where no cause for such seizure was ever proven.

  • steveo

    This would be a great test case for a citizen’s right to due process and a defendant’s right to collect evidence on his own behalf. When the state acts to deprive the citizen of some freedom, right or property per the 5th Amendment the citizen has the right to due process. Under this principle, I don’t see how the state can ever claim “an expectation of privacy.”

    • stk33

      I’m afraid, more likely outcome is not any test case, but police eventually finding where he is hiding, possibly by tracing phone call, and putting him in jail already for hiding from the police – if not shooting him dead right where he is found.

      • Elliott Whitlow

        Until they have an arrest warrant he’s not a fugitive. You have no obligation to speak to police no matter what they want. So I don’t think I agree.

  • borderraven

    1st Amendment protects the right to gather evidence for redress of grievances against the government. There is no obligation to inform government that you are recording them in their offices, when there is no doubt you are being recorded by them. Nixon recorded people in the Oval Office.

    • Jon Quimbly

      California is an all-parties notification state – for recording telephone calls. For in-person recording, the law specifically states there must be an expectation of privacy in order for wiretapping charges to stick. Government agents performing government business have no such expectation.

    • Joseph Edward Bodden

      I was once arrested for recording a police officer (interviewing me) for ‘not having his permission to record’. It took Mendocino County DA four months to determine that 1) the state law entitles me to a written receipt of any business I conduct with any public agency or agent and 2) under California law, a ‘writing’ is ANY FORM OF RECORDED INFORMATION. They waited long enough to feel safe that the batteries were really dead in the recorder and then I got it back from ‘evidence’…. however flash memory, the type of recorder i used will hold the data for 18 months without batteries. I have posted this recording on Youtube, search for “Verdot” or contact me on FB and i will email you a copy..

  • Mike Ross

    Oh I had one of those a few years ago, very similar case. The SS tried to threaten ME with court action for hosting a copy of the recording!!

    https://groups.google.com/forum/#!topic/uk.legal/E6LGZ8kYyn4%5B1-25-false%5D

  • JdL

    This case is a reminder that cops aren’t the only power-mad, life-destroying government thugs. Stories such as this make me pessimistic that needed change can be achieved through peaceful means.

  • jcfromnj

    Of all the nightmare’s you can be in CPS is probably the worst of all. It’s one of the most contentious, political and local cash generating schemes out there. All those course’s are nothing more than A ottage industries, you need to find out just who is a stockholder in those companies. I wouldn’t personally get involved in this issue myself, I’ve heard too many horror stories about CPS.
    Those folks need to do some due diligence with their proximity to the drug scene, that’s my story and I’m sticking to it.

  • Tijuana Joe

    What was the criminal conviction that elicited all this kooky gov’t intervention?

  • Vegas

    Stop chewing while your face is next to the camera, it ruins the recording.

  • dravo1

    Hers’a a tip to protect yourself from this type of situation. Make up a 4″x4″ sticker that simply states (in large, bold type) “These Premises Are Under Audio & Video Surveillance At All Times” and place it on your front and rear doors in plain view.

  • matism

    Let me know when you finally understand, and are willing to stop playing THEIR games and deal out some justice to this swill.

    • ENTWAFFNUNGDERGESTAPO!

      Die with honor!

  • zebra

    Child protective services operate almost completely outside of the constitution. They are purely evil people who steal and brainwash peoples children.

  • Darek Ffb

    Where the hell is the “Chris Dorner” of cps?!

  • brunocerous

    Judges in other jurisdictions were found to have been getting kickbacks for putting kids into for-profit private systems. Is this happening here?

    http://www.denverpost.com/movies/ci_25239628/kids-cash-disturbing-juvenile-court-kickback-scandal

    http://abcnews.go.com/US/mark-ciavarella-pa-juvenile-court-judge-convicted-alleged/story?id=12965182

  • Bill Larson

    I would argue that the California law is unconstitutional as the federal law on recording phone calls trumps California Law it is a matter of equal protection under the 14th amendment. The Federal law permits recording and does not give a grant of authority to the states “unless otherwise restricted by applicable state law.” Federal Law is a one party consent – 18 U.S. Code § 2511 – http://www.law.cornell.edu/uscode/text/18/2511.

  • Film The Police Always

    Someone needs to call the local news and mirror this story to the story in the Northeast where that hospital went against another hospital and convinced a judge that the girl needed to be removed from her parents.

    How can your kids be removed from your home when you are doing NOTHING ILLEGAL, nor do you have any drug traces in your system? What about the millions of people that get caught with alcohol or drug charges that have kids? Do they get their kids taken from them? HELL NO!
    Go to the NEWS NOW and get your beautiful Daughter back before something happens to her.

  • squintaroony

    Willing to bet the “small amount of methamphetamine” found under the pillow was planted there as CYA to justify the raid.

  • Kenneth Brooks

    Now this is a bit out of my general practice area, but I do know that the freedom we have traditionally enjoyed as Americans was fought for and must be continually fought for. With respect to this entire CPS industry it is readily apparent to me that much of the entire statutory framework of the same in California would have a difficult time passing muster in view of the seminal Supreme Court case on the matter. Pierce, Governor of Oregon, et al. v. Society of the Sisters of the Holy Names of Jesus and Mary, 268 U.S. 510 (1925). Does anyone have any insight as to whether any of the CPS laws or regulations have been tested in view of this aforementioned case. It seems to be that absent an exigency of physical harm, the state would never be able to simply take a child from a parent. Thus, there must be something more to this story. But hey, I wrote the governor during his last go round with gun laws and I explained how a state has no power to condition residency upon the surrender of any personal property lawfully owned in another state before changing residency. Thus, every single ban on possession of a firearm in California that may lawfully be owned in another state in constitutionally infirm, i.e., the assault weapons ban rests on specious grounds. Perhaps we have the same issue here. They have been getting away with this CPS industry, because people have been ignoring it, so far.

    • jcfromnj

      CPS is a rabbit hole that I wouldn’t want to go down, but there is fellow out of Washington State named Luis Ewing, a wild man of Pro Se legal issues on Talk Shoe called Pro Se Winners, who has an ongoing war with CPS and does get into the issue. I don’t sign off on a lot of what he says, but he seems to have nailed down just what the inside skinny is on CPS.

  • ccbarrpics

    I live in another two-party state, Pennsylvania. It is cases like this that make me question just who is being protected by two-party consent wiretapping laws. In my own state’s wiretap laws, their are numerous exemptions to the law. Law enforcement gets exemptions, businesses get exemptions, and I bet CPS could call your home and surreptitiously record the call too and be exempt from the statute. So basically these two-party consent wiretap laws can potentially end up protecting the state from being held accountable by it’s citizens.

    I will bet though that whatever lawyer he does get, they will recommend that he jump through CPS hoops of take this class or go through whatever training. Sadly, it may be a bitter pill he has to swallow to expedite getting his child back. Sometimes in a situation where you are dealing with opposing principles, the desire to fight some injustice vs. get back your child, you need to pick your battles, and getting that child back is first priority. Better to jump through their hoops, because fighting such an agency could take a very long time, time that you could have better spent being with your child.

    • eighmie

      Any lawyer who suggest he comply with CPS is looking for a malpractice complaint. A citizen should not be counseled to give up their constitutional rights by their attorney. If this man has done nothing wrong, CPS needs to step back, admit fault and make restitution like any other criminal.

  • mydadsays

    I hope these CPS workers are criminally prosecuted. Everyone needs to send this out to all the major news agencies, and then CALL these numbers and ask why the child was kidnapped from her home and placed in a dangerous place. Surely there is an attorney that will take this case pro bono and sue those workers!!

  • Eddie Vedder

    wtf

  • Becon

    As a registered voter in Ventura County, I emailed my county supervisor. Hopefully this isn’t just handled internally by CPS.

  • venice

    Does the father have a facepage that we can follow , would like to follow this story .. My heart is breaking for this family ..

  • lberns

    The lice infested foster home:

    https://www.facebook.com/casapacifica

  • Frederikahere

    Anyone remember Sen. Nancy Schaefer? She investigated cps and found some very unsavory things. She and her husband were murdered. Google her and see what you find.

  • DougDante

    Please join me in taking action to help Stevie and her dad obtain a federal investigation into these matters.

    Action Opportunity: Stevie is a four year old girl, who may be endangered of HHS funded corruption. Urge the HHS and USDOJ to investigate!

    TO:

    public.affairs@oig.hhs.gov, hhstips@oig.hhs.gov, Kathleen.Sebelius@hhs.gov, KGS2@hhs.gov, OCRMail@hhs.gov, askdoj@usdoj.gov, contact@gao.gov

    SUBJECT:

    Stevie is a four year old girl who may be endangered of HHS funded corruption. Please investigate!

    BODY:

    Health and Human Services Public Afairs, HHS Tips, HHS Secretary Kathleen Sebelius, HHS Office of Civil Rights, US Department of Justice, US Comptroller General,

    The website photographyisnotacrime.com recently reported:

    “[Police] returned five days later with a Child Protective Services worker who falsely accused Rolick of using drugs, removing his four-year-old daughter, Stevie, from the home and placing her in foster care – even after he and his girlfriend tested negative for drugs at the local police station … the agency stripped him of unsupervised visits with his daughter in the foster home where she is rooming with a boy who has stolen from her.”

    “California CPS Officials Retaliating Against Father who Secretly Recorded them to Expose Abuse”, March 24, 2014, http://photographyisnotacrime.com/2014/03/24/california-cps-officials-retaliating-man-video-recorded-expose-abuse-power/

    This is yet another example of the appearance of systematic violations of the rights of children and parents by HHS funded Title IV-E agencies. In Michigan, major news outlets reported that at least two children were improperly removed from their parents care by so
    called “orders” which appear to have been created by social workers wielding rubber stamps. In Kentucky, major news outlets reported that children were found with foster parents with criminal records. In Connecticut, an HHS Inspector’s General report found that federal laws
    requiring background checks were ignored. More information is available in the reddit men’s rights FAQ:

    http://www.reddit.com/r/mensrights/wiki/faq

    I would love it if you would faithfully exercise your duties to enforce all federal laws to protect children and parents, including investigating evidence of illicit and potentially criminal activities
    which may be endangering Stevie, who is a defenseless four year old girl. Until then, Stevie, her father, and victims like them, must maintain hope and persevere.

  • coastx

    State of the art institutional kidnapping via Tau 3 SIM.

  • JuwanM

    CPS is a joke. Some of these agents need to be in jail in my opinion. There’s another case where a women had sex w/ the 15 yo boy. The boy was successfully sued for Child Support.
    http://mensrightsboard.blogspot.com/2014/02/woman-rapes-boysues-for-child-support.html
    The agency either needs to be reformed or completely disbanded.

  • wiier9l

    truth time

    • catherinecc

      Corruption endemic to a system does not indicate feminism is the root cause. Shitty fucking people are.

      • wiier9l

        feminists ARE shitty fucking people, you dumb bitch

    • Tynam

      “Truth” here being defined as “entitled whining by so-called men who can’t cope with women having any rights”.

  • wiier9l

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  • catherinecc

    People outside of US jurisdiction are happy to mirror the videos. The US courts do not control the world. Corruption and malfeasance anywhere should be exposed everywhere.

  • Mary Bissell

    My nephew has been taken away by CPS twice. After the second time, he disappeared into the system. The first time, CPS lied in their report about what the father had said in the interview. So, the next time they were interviewed, the parents brought a tape recorder. CPS cancelled the interview. There’s a bill in the state Assembly, Sammy’s Law, that would require all CPS interviews to be recorded. I hope everyone will support it. http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1828

    And I hope that you will support my petition to find my nephew. Thank you. http://www.change.org/petitions/state-rep-tim-donnelly-help-find-andrew-dube

  • Dibol

    Is there any new updates in this story? I have not heard anything since this report.

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