For Immediate Release

Louisville, Kentucky

July 16, 2003

A Louisville, Kentucky mother is being indicted in front of a Grand Jury in Jefferson County July 28 on charges of custodial interference after fleeing the state to keep her two disabled children from their father, who CPS substantiated abuse allegations against.  After CPS substantiated the abuse and Ms. Shain and her attorney sought to terminate her ex husband's visitation rights, Jefferson Family Court Judge Stephen George ordered Bonita Shain to turn her children over to her ex sister in law. Ms. Shain, who has been found a competent and fit parent, has had full legal custody since her divorce.  Fearing the paternal family would continue contact between her children and their abuser, Ms. Shain fled the state last November and stayed on the run until earlier this month when Indiana police took the children into custody and returned them to Kentucky.

Ms. Shain has had full legal custody of both boys since her divorce a few years ago due to her ex husband's severe violence. However, they had been on the run since November 15, 2002, when Jefferson Family Court Judge Stephen George ordered Ms. Shain to hand over custody of her two boys to her ex sister-in-law after Ms. Shain and her attorney,  Wallace Rogers of 440 S. Seventh St. Suite 300, Louisville, KY (584-6375) sought to have her ex husband's visitation rights stripped after Child Protective Services substantiated mental abuse of her oldest son by his father and sexual abuse by an unknown perpetrator. 

Their run finally came to a shattering end.  Ms. Shain was arrested at her residence in Indiana on Thursday, June 26 and her children returned to Kentucky.  During the arrest, Ms. Shain was never given her Miranda rights, fingerprinted and was denied an attorney.  She was held in a holding cell until 9:00 am Friday when she was handcuffed, shackled and taken to court.  The presiding judge refused to sign extradition papers and the state of Indiana refused to become involved since the case was a civil one and not criminal.

Ms. Shain has never been proven unfit.  She told Judge George in court that if he decided to temporarily remove her children until evaluations could be completed, that she would move out of her home an let her parents move in to take care of the children so they would not be disrupted.  Judge George ordered the children into the custody of a paternal aunt whom the children did not know and whom Ms. Shain feared would continue allowing contact with her son's abuser because Judge George stated in open court "I know he has some serious problems but HE WILL have access to these kids".

After Child Protective Services substantiated the abuse charges against Ms. Shain's ex husband, Ms. Shain placed her son in counseling to cope with the trauma.  Counselor Julie Schultz with Highland Counseling in Louisville testified on behalf of Ms. Shain and her sons.  When she took the stand, Judge George stopped her testimony stating he had already made a decision.  He then put a restraining order against Counselor Schultz for believing the child when he told her he had been molested by his father and for working with him through it.   

Ms. Shain's ex husband filed for the change of custody the same month his father's attempt at grandparent visitation was dismissed from the courts due to the Scott v. Scott decision.  Ms. Shain's ex husband and his family hired Psychologist, Rhonda Luttrel to argue Parental Alienation Syndrome but no supporting evidence was ever cited other than the little boy stating to Ms. Luttrel he did not want to visit with his dad.  Ms. Shain had previously filed a lawsuit against this same psychologist for physical abuse against her oldest son.  Counselor Luttrel allegedly dragged the young boy down a flight of stairs to force a visitation with his father after he told this psychologist his father had abused him. 

After leaving the state of Kentucky, Ms. Shain was notified that Judge George had entered an order that all child support monies were to no longer go to Ms. Shain or her boys, but to be paid to the paternal aunt to hire a private investigator to locate Ms. Shain.

Ms. Shain will be indicted in front of the Grand Jury July 28. The prosecutor did not want to indict Ms. Shain, but was instructed to do so from his superiors. Ms. Shain is to turn herself in to Judge George in Family Court Monday, July 21 in order for a federal felony warrant to not be issued to bring her back from Indiana.

Since Ms. Shain's children have been taken to their Aunt's custody, Ms. Shain has been denied any contact with them by their paternal family.  It has also come to light that Ms. Shain's worst fears were true and her children are being allowed visitation with their abuser.