With regard to two
comments from the large collection left for an earlier article, "
Accused molester denied more kid time," namely:
Guest Checks · Comstock Park, Michigan · September 8, 2011 at 12:02pmMore depth on this story from the local newspaper. Interesting read, to say the least.
http://hastingsbanner.com/terpening-den ... 934-87.htm[/list][/list][/size]
Amy Partanen · Works at Childcare Provider · September 9, 2011 at 5:50amI read the banner report!! they said one of reasons why they want the dad to come home is because having 8 kids is to hard on the mom!!! where are alll these supporters who should be helping this mom with the kids..and why would a mom ever take on kids any kids if they are to much for her!
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Well... here's that in-depth article from the
Hastings Banner...
Fwiw, it's extremely difficult to find a
date on most of the material from the
Banner, but I'd venture that the below article was published sometime between the 6th and 9th of September 2011.
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Hastings BannerTerpening denied extra, at-home parentalMichael Terpening, accused of 11 sex crimes with teenage boys under his authority, stood before Judge William Doherty in Barry County Probate Court Tuesday afternoon to ask for additional parental time at home with his eight children. Charges brought against 32-year-old Terpening do not currently involve his children. He and his wife, Amanda, were each at the defendant’s table, represented by their respective attorneys.
Terpening is the former director of EARTH Services youth home near Bellevue, a residence for troubled teen boys. His defense attorney, Thomas Schaeffer, told Doherty the accusations of sexual molestation came from “felons and delinquents,” insinuating their statements were not reliable or reputable.
The prosecution stated there was no change in circumstances, so there was no merit to change visitation rights ordered previously. In fact, prosecution said the defendants have been less than cooperative with visitation authorities and have exploited their children by allowing a YouTube video, with their photographs, to “go viral.”
After hearing arguments from five attorneys, Judge Doherty determined the parental visitation will remain as previously ordered.
When presenting his argument for Michael Terpening, Schaeffer said, “The parameters under which the contact exists at the present time are terrible from the standpoint of having any meaningful visitation or parenting time with the eight children. There are so many children, it is a burden on Mrs. Terpening, I would submit, to not only have that sort of parenting time existing and not in the home. There is no particular reason why this parenting time cannot take place in the home, with the children and the parents. If the court feels there needs to be a supervisory person, a person can be designated to be present during that time. It seems like that would be a reasonable solution to the matter, especially in light of the allegations under which the jurisdiction was taken here.
“All the allegations in this particular matter against Mr. Terpening have nothing to do with minor children. There are no allegations. In fact, at the preliminary examination, it was confirmed by the various social workers there was no allegation that there was any improper treatment of his children.
“The allegations were all made from either convicted felons or convicted delinquents, all of the ages 17, 18 or 19, and in the system for some period of time. Those are the people who have made the allegations. This is not going to be an easy road or a short road to bring out the pertinent facts in that regard. But, the facts at the moments are. .. they have a variety of motivations as to what they are testifying to.
“The facts are my client and his wife have eight children that he is prohibited from seeing for any reasonable parenting time. In all due respect, your honor, it does not make sense, even in spite of what you will hear, and that is to protect the children. There is no indication the children are in any danger, have been or will be in any danger. If the court feels there is that concern, then I would respectfully suggest a third party adult, whether it is a relative or friend, who can be there during parenting time to monitor and make sure there is nothing inappropriate going on.
“That is the basis for my motion your honor, and I respectfully ask you to give liberal contact and parenting time to Mr. Terpening, in the home, with the children, and if the court feels necessary, an adult supervisor to be present.”
Amanda Terpening’s attorney, Keri Selleck, addressed the court by saying, “Mrs. Terpening has not given any indication there is a need to protect the children. She has done everything that has been asked of her up to this point ... She has the children in her possession while she has this cloud hanging over her head that if she doesn’t do everything she is supposed to do, the children could be removed. She will follow whatever guidelines the court sets out to make sure her children are protected, which she has done since this case began. I don’t think anyone can argue with the fact that she is protecting the children, whether she believes the allegations or not. She continues to make the protection of the children a priority.
“She can provide names of third parties who would be more than happy to supervise visitation within the home, and follow any guidelines the court may set.”
The Terpening children’s attorney James Kinney told Judge Doherty, “I oppose any increase in parenting time at this point. Although the allegations and petition do not involve Mr. Terpening’s own children, the court is well aware of [a 1973 legal precedent] ‘How a person treats one child, is how he may treat another child.’ That same concept is still used in opinions stated on July 19 and July 21 of this year, and the Supreme Court also used it last year. It says it applies to even how he treats another’s child, not just his own child. We have very serious allegations here.
“We have Mr. Terpening orchestrating a public display of alleged innocence. He is exploiting his children, as is his wife, by allowing their pictures to be put on YouTube videos and broadcast to the world. By allowing petitions on the Internet that are clearly, although well-meaning by those that put it up, clearly do not have all the facts.
“We have four people currently who have accused Mr. Terpening of sexually molesting them. This started all the way back in 2003, when he was accused by another person. These four individuals don’t necessarily have any common interest, and I resent the accusation, because they are supposedly convicted felons or juvenile adjunctees, that their word is no good. That they can’t be victims too.
“What I see [from the reports] is a man who is grooming these children and grooming those around him. I want to read something I got on the grooming process of a child sexual predator. ‘Just as we groom ourselves before going out, to make us look presentable, predators often groom themselves as wonderful, caring people. They may involve themselves in your family’s life, do great things in the community. This is a trick. This is their game. This is their way of being open about being sneaky, and gaining more access to your child. They often set themselves up to be high profile in the community, and they spend a lot of energy in assuring their innocence.’
“That’s exactly what we have going on here. I do not believe Amanda Terpening can protect these children against Mr. Terpening. In fact, when I read one of the reports of a visit allowed at a park, Mr. Terpening took his young son to the bathroom. Under normal conditions, no one would care about that. So, they went over to the bathroom and [according to the report] who’s watching with an eagle eye? Amanda Terpening. I am concerned that she knows something is going on. I am concerned that she is still under his influence.
“If she really believed in taking care of the best interest of her children, she would have accepted the prosecutor’s offer. The offer was quite simple and in writing. ‘Tell the truth about what is going on. Make a statement. Be prepared to back it up with a polygraph [test]. If you do so, we will dismiss you from this petition.’ She had an opportunity to get out of this petition, and she chose not to, to support her husband in spite of increasing evidence of his wrong-doing.
“Furthermore, I do not believe the parenting time is inadequate. It does meet the state standards. If anything, Mr. Terpening has somewhat abused that parenting time by trying to insist on other individuals being in that parenting time, other than he and his children. I do not believe he should have any more parenting time, other than what is already scheduled, supervised by the agents.”
Several of the Terpening’s children are foster children, some of whom are part of the Potawatomi Tribe. The attorney representing the tribe and its members, Nancy Bogren, said, “First of all, your honor, I expected in support of the motion [for more time] we would have some testimonial evidence. Is that forthcoming? Because what I was expecting was that we would hear about some change in circumstance that would be brought to the court’s attention and would make looking at the circumstances appropriate because something came forward from the children’s therapists or something of that nature. But, we don’t have that.
“Basically, Dad wants more time with his kids. We do understand that. This is not a case where the prosecutor’s office, on behalf of a petitioner, is seeking to reunify these children with their father. They are seeking to terminate his parental rights. That makes this case entirely different. It doesn’t apply when there is a termination petition which accompanies the original neglect petition. This court can simply deny parenting time to the father. That is not the request at this point, although, I think the record would support it.
“Despite the assurances we receive from the mother that she would do anything, cooperate in any way, that is not, in fact, the case. If we have to develop that through the case worker, then I suggest we do. [Amanda Terpening] is not willing to do anything. She is not willing to do everything. She doesn’t even really communicate with the case worker. We have no way of knowing how the children are doing. It doesn’t give us an overwhelming confidence that she is the appropriate person to be supervising visits in the home. Nor does this recent media blitz, whereby there is a YouTube video, an online petition, the children’s pictures all over the Internet attached to the family name, attached to the allegations in this case. Who among that group is an appropriate person to supervise visits in the home? [Michael Terpening’s] supporters are on camera saying this is a witch hunt. The YouTube video is called ‘CPS [Child Protective Services] Gone Wild.’ Those are the folks who are appropriate to supervise in the home and report if something inappropriate goes on? I don’t think so. The only person appropriate to supervise these visits is employed by the department of human services, and the reason the restrictions were put in place is because everyone has grave concerns about these children’s safety.”
Assistant Prosecutor David Banister briefly asked the court to leave the current supervision and visiting parameters in place without any amendment.
Doherty responded to the defendants and the attorneys.
“I have listened to the arguments of counsel. I, at this point, quite certainly do not know the truth or falsity of the allegations made against Mr. and Mrs. Terpening. Juries will make that determination in this case and the criminal case. However, there has been some preliminary determination by Referee [Vicky] Alspaugh of probable cause; probable cause that this did happen. Therefore, it is perfectly appropriate to have restrictions on visitation. In fact, it was something I considered suspending — parenting time, altogether. However, I was not the one to listen to the testimony. Referee Alspaugh found no reason not to allow the limited visitation at the department of human services. There has been no formal request to have this court suspend the parenting time.
“I will point out I do think parenting time is important, but these allegations are very, very serious. I, myself, as a young person had a father who went to Korea while he was in the Army. For an entire year, we did not see my father, and we all survived. These children will survive, as well. Hopefully, we will have some resolution or additional information after the criminal case is processed. The motion [for additional time] is denied.”
The Terpenings will go before Judge Doherty once again on Nov. 22 for a pre-trial.
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