This petition was filed on Tuesday, September. 13, 2022.
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Vermont Superior Court
Plaintiffs
Shylo Bourdeau
Dylan Gingues
Defendants
Lisa A Warren
Thomas J Devine
Maria L Byford
Lori Perkins
Petition for writ of habeas corpus
The Petitioner submits the following on behalf of Shylo Bourdeau and Dylan Gingues who are being denied due process of law by actions of Department of Children and Families, Families Services Division, Vermont Superior Court and Northern State Correctional Facility.
Shylo Bourdeau and Dylan Gingues were by the courthouse on main street in Newport, Vermont, on or around 3:30 pm, on August 29th, 2022.
I, Shylo Bourdeau, had not received any proper legal notice by personal service regarding any court orders that may have been issued by the family court. It was only on the second day that I was in the Superior court, on Wednesday September 7th, 2022, that a deputy handed me a juvenile pick-up order. ( See exhibit A 1-4).
While Dylan and I were on main street, my Mother, Donna J Peake arrived and pulled in near Maplefields. A state trooper pulled in behind her. My oldest two Sons, Brewer A Barry and Lennon T Barry got out of my Mother's car and began walking to where Dylan and I were parked. Brewer and Lennon got in the rear passenger side door of my Yukon. As the door was closing the state trooper was approaching and said " the kids have to stay here". Not having been previously aware of any court orders that may have been issued I was confused and afraid for Mine and my Sons safety. I told the officer to "stay away from the car" , walked around to the driver's side, got in and left. The last thing I saw was the state trooper apprehending my significant other, Dylan Gingues.
On August 30, 2022, Dylan Gingues went before Lisa A Warrens at the Vermont Superior Court, Orleans Unit in Newport, Vermont via Webex while being held at the Northern State Correctional Facility. She invoked the 24 hour rule against his objections. Also on the same date I received a bail call from Dylan Gingues. I was informed that he was being held at Northern State Correctional Facility in Newport, Vermont and being denied due process of law, assistance of counsel and with no show of cause. He had conditions of release modified. ( See exhibit B, 1) Also reference audio recording.
On August 31st, 2022, Dylan Gingues was in front of Lisa A Warren in the Vermont Superior Court, Orleans Unit in Newport, Vermont via Webex while being held at the Northern State Correctional Facility. He was denied his right to assistance of counsel as prescribed by the bill of rights. Despite his objections, Lisa A Warren entered a pro forma plea of not guilty on Gingues behalf and continued to set forth bail and conditions that are keeping him imprisoned without due process of law or show of cause. ( See exhibit C, 1) Also reference audio recording.
I, Shylo Bourdeau, on August 31st, 2022 became aware of a warrant out for my arrest. I called the FBI to report a crime against Myself and Dylan Gingues. I informed them that my significant other, Dylan Gingues had been unlawfully detained and was being denied his right to due process of the law. I also informed them of the warrant issued on my behalf in regards to the incident that occurred on August 29th, 2022 on or around 3:30 pm near the courthouse on main street in Newport, Vermont. I expressed my concerns for our families safety due to the nature of the force being used against us and without any due process of the law. They directed me to contact Vermont State Police Internal affairs and the State's Attorney General's office. I left several voicemails for Robert Mckenna at the VSP Internal Affairs and did not receive any return calls. I requested to speak with Maria L Byford at the State's Attorney Generals and she refused to speak with me. I also called the Vermont Superior Court to try to track down any paperwork that should have been properly served to Myself or Dylan Gingues. I was told I had a warrant and to come to court. I expressed my concerns about being unlawfully detained or imprisoned as my partner, Dylan Gingues, had been.
On September 1st, 2022, I spoke with Vermont State trooper, detective Louis. He told me that he "would like to reach a peaceful resolution to the situation". He also told me " he did not have any reason to believe that there was any abuse or neglect and that this was simply a paperwork issue with Homeschooling". (Reference audio recording)
On Friday September 2nd, 2022, I was arrested by Newport PD. The man who lives at my farm and is a caretaker for my animals was with me at the time of the arrest. I was cuffed and brought to the Northern State Correctional Facility in Newport, Vermont where I was held without due process of the law or show of cause.
On Monday September 5th, 2022, I was bailed out of jail with no conditions and was picked up by the man who lives on my farm and is a caretaker for the animals.
On Tuesday September 6th, 2022, I was at the Vermont Superior Court house on main street in Newport, Vermont and in front of Thomas J Devine. I received some new information about my case and requested more time to review the newly received documents.
On Wednesday September 7th,2022, I returned to the court and was in front of Lisa A Warren. I raised a jurisdictional issue and she refused to address it despite my objections with her further proceeding until the matter was resolved. This forced me to put her on notice of the U.S. Codes Title 18, subsections 241 and 242. She then tried to enter a plea on my behalf and continued to set forth bail and conditions. ( See exhibit D,1,2) Also reference audio recording.
On or around September 10th,2022, I spoke with Bobbi-Sue Mclain, Gingues Mother. She received a bill for an ambulance trip in Dylan's name and was concerned for his safety. ( See exhibit E, 1)
On or around September 10th, 2022, I, Shylo Bourdeau, spoke with Dylan Gingues and he informed me that the ambulance trip was the result of being assaulted by my Mother, Donna J Peake while being detained by a state trooper and another man, later identified as an off duty Lamoille County officer during the August 29th, 2002 incident on main street in Newport, Vermont. ( See exhibit F,1)
Both Dylan Gingues and Myself have been denied the right to due process of the law. Dylan Gingues has also been denied the right to assistance of counsel. We have both been denied the right to face our accuser and have a show of cause for such imprisonment and or restraint.
I say that none of these problems might have occured if I had been served proper notice of claim and full disclosure of the nature and cause of the affidavit of a DCF/FSD employee that I am told initiated a pick-up order for My offspring, My Sons, Lennon Barry and Zephyr Barry. (See exhibit A, 2)
We are seeking the following relief from the court, including but not limited to;
1. Shylo Bourdeau and Dylan Gingues to be released from any and all restraints against our Liberties.
2. Dylan Gingues to be released from his imprisonment.
3. Shylo Bourdeau and Dylan Gingues to be released of any conditions set forth by Lisa A Warren.
4.Shylo Bourdeau and Dylan Gingues to be released of any and all criminal and family court orders or charges that may have been issued.
5. Shylo Bourdeau's bail money to be returned, including bondsman fee and any interest.
6. To order an investigation into the actions taken by DCF/FSD including but not limited to the employee who filed an affidavit with the family court.
7. To order an investigation into the conduct of any and all law enforcement officers involved with this case.
8. To order an investigation into whether or not Lisa A Warren, Thomas J Devine and Maria L Byford may have been acting in violation of chapter 2 section 56 of the Vermont state Constitution. Also 4 USC subsection 102 and all federal administrative law, including but not limited to title 18.
9. I require proof of documentation of authorization of clear title to office be placed upon the record for a Lisa A Warren,Thomas J Devine and Maria L Byford or any other man or woman that is claiming the authority to imprison, restrain or otherwise deprive my family of any and all liberties secured to us by the law.
10. I require that proof of surety of the office , as required by state and federal law for Lisa A Warren, Thomas J Devine, Maria L Byford and any other man or woman claiming the authority to imprison, restrain or otherwise deprive my family of any and all liberties secured to us by the law be entered upon the record.
Below is the Vermont State Trooper's affidavit which led to Shylo's arrest warrant:
Response from the Superior court judge:
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