What is Spoliation of evidence and why is it so important to US CPS cases?
Spoliation of evidence is withholding evidence which would help a defendant. When CPS or any other person/entity withholds or “covers up” any evidence which if revealed would help prove the innocence of a defendant, they have committed Spoliation of evidence or withholding exculpatory evidence.
The spoliation of evidence is the intentional, reckless, or negligent withholding, hiding, altering, fabricating, or destroying of evidence relevant to a legal proceeding. Spoliation has three possible consequences: in jurisdictions where the (intentional) act is criminal by statute, it may result in fines and incarceration (if convicted in a separate criminal proceeding) for the parties who engaged in the spoliation; in jurisdictions where relevant case law precedent has been established, proceedings possibly altered by spoliation may be interpreted under a spoliation inference, or by other corrective measures, depending on the jurisdiction; in some jurisdictions the act of spoliation can itself be an actionable tort.
The spoliation inference is a negative evidentiary inference that a finder of fact can draw from a party’s destruction of a document or thing that is relevant to an ongoing or reasonably foreseeable civil or criminal proceeding: the finder of fact can review all evidence uncovered in as strong a light as possible against the spoliator and in favor of the opposing party. – Wikipedia
When CPS investigates often in their unending desperate search for evidence to use against parents they often come across information which actually proves the parent is a fit good parent or otherwise disproves CPS’s original accusations. Under the US law, all evidence relevant must be presented to lawyers, judges, parents, etc. CPS cannot choose to hide or “forget” evidence which does not support their theory.
For example, I shall use my own personal case to better explain this;
In 2017 my newborn was taken, CPS took him because a hospital employee makes false accusations that my husband and I were denying the child treatment. However fortunately for us, this hospital keeps fabulously detailed records. When CPS was contacted by another hospital employee who reported the original accusations were completely false and should not be used in court, CPS recorded this report in the case file. Then CPS went one step further and looked at the hospital records which prove the original allegations were false and added these records to the CPS case file. The next day, after getting all this information (evidence) CPS went to court, stood in front of a judge, and presented the original accusations as unchallenged truths and never once mentioned the conflicting documents and reports. This is withholding exculpatory evidence, aka – lying. The judge was never given the chance to review all the evidence that CPS collected when making their desci0n as to whether or not CPS could keep a child in foster care under an emergency custody order. This behavior by CPS is not only morally inept- it is notably illegal.
This type of illegal activity is remarkably common in CPS court cases – right from the very beginning. However, most parents while they realize how morally defunct this behavior is they usually don’t perceive the fact its criminal and grounds for immediate case dismissal and could be ammo for a federal lawsuit as well. We can’t all be lawyers, so don’t feel bad if you are just learning about this now – that is how CPS takes advantage of millions of parents annually in fraud court cases.
How do you find out if CPS has done this? It is very simple. You must immediately request a copy of your entire case file. States have different methods and laws governing how you can get a copy of your case file. If you are not sure how to do this call the CPS office and request your case file. Follow the policy to obtain it and once you have it read it in its entirety.
CPS in the US is betting on two things in order to kidnap your children and drag you through court. First, they are assuming you will not fight back. Second, they are assuming you are – and I apologize if this sounds mean but its the truth – too stupid to get the information you need to fight them successfully. Don’t be stupid, fight back. Because when you arm yourself with facts and laws you have already won the battle.
CPS will not help you do this. They will disclose as little of your rights as possible, and they will pretend to be above the law. Do not buy into that nonsense- I don’t care how “nice” they are. They are in your life to steal your children. That’s it.
Spoliation of evidence also closely relates to other illegal acts such as obstruction.
Obstruction of justice, in United States jurisdictions, is the crime of obstructing prosecutors or other (usually government) officials. Common law jurisdictions other than the United States tend to use the wider offense of perverting the course of justice. Generally, obstruction charges are laid when it is discovered that a person questioned in an investigation, other than a suspect, has lied to the investigating officers. However, in most common law jurisdictions, the right to remain silent can be used to allow any person questioned by police merely to deny answering questions posed by an investigator without giving any reason for doing so. (In such a case, the investigators may subpoena the witness to give testimony under oath in court, though the witness may then exercise their rights, for example in the Fifth Amendment, if they believe their answer may serve to incriminate themselves.) If the person willfully and knowingly tried to protect a suspect (such as by providing a false alibi) or to hide from investigation of their own activities (such as to hide their involvement in another crime), this may leave them liable to prosecution. Obstruction charges can also be laid if a person alters, destroys, or conceals physical evidence. Obstruction charges may also be laid in unique situations such as refusal to aid a police officer, escape through voluntary action of an officer and refusing to assist prison officers in arresting escaped convicts.Obstruction can include crimes committed by judges, prosecutors, attorneys general, and elected officials in general. It is misfeasance, malfeasance or nonfeasance in the conduct of the office. Most commonly it is prosecuted as a crime for perjury by a non governmental official primarily because of prosecutorial discretion. – Wikipedia
So when a CPS agent or other official commits obstruction of justice it is referred to perjury or misfeasance (the willful inappropriate action or intentional incorrect action or advice), malfeasance (the willful and intentional action that injures a party), or nonfeasance (the failure to act where action is required — willfully or in neglect).
The UK also has similar laws. Perverting the course of justice is an offense committed when a person prevents justice from being served. For a CPS agent or other official to have Perverted the Course of Justice they must have done one or more of the following acts;
- Fabricating or disposing of evidence
- Intimidating or threatening a witness or juror
- Intimidating or threatening a judge
- Conspiring with another to pervert the course of justice, and intending to pervert the course of justice
- Perverting the course of justice
- Interfering with the administration of justice
- Obstructing the administration of justice
- Obstructing the course of justice
- Defeating the due course of justice
- Defeating the ends of justice
- Effecting a public mischief
Perjury is another topic in US law which CPS often commits. Perjury is the intentional act of swearing a false oath or falsifying an affirmation, to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding. Walking into a courtroom and making verbal or written statements (such as an affidavit) which is known to be false is a crime. It’s actually a criminal act.
Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding. Contrary to popular misconception, no crime has occurred when a false statement is (intentionally or unintentionally) made while under oath or subject to penalty. Instead, criminal culpability attaches only at the instant the declarant falsely asserts the truth of statements (made or to be made) that are material to the outcome of the proceeding. For example, it is not perjury to lie about one’s age except if age is a fact material to influencing the legal result, such as eligibility for old age retirement benefits or whether a person was of an age to have legal capacity. – Wikipedia
It’s not a crime to lie in court about facts which have no bearing on a case. However, if the lie does have some bearing on the outcome of the case or the subject of the dispute – that is a crime.
The best way to prove CPS has done these things is to get your case file. The CPS case file will document everything CPS has on your family and person. It is like looking at another players cards in a game – you know exactly what they have against you and therefore have a much better understanding of how to fight them in court.
If you live in the US and find that CPS has committed Spoliation of Evidence it does not matter if CPS goes right now to court and shows the withheld evidence – they have already done a illegal act which cannot be reversed.
Lastly I want to remind everyone, if your location allows for a “Fair Hearing” or review of the CPS agents actions or decision you must request one. It is a opportunity to reverse their decisions in many cases. Always ask for one immediately after a CPS agent “supports” or decides to investigate your family.