Bureau of Health Services Complaint and Allegation Division

December 30, 2003

To Whom It May Concern: Bureau of Health Services Complaint and Allegation Division

First, allow me to thank you for looking into this Complaint about Samantha Heinzel and myself, Victoria Heinzel. I really didn’t know where to turn and my counselor after hearing what I was going through he referred me to your office. He felt you could help. Around the first of September 2003, I got a half copy of Doug Gilmet’s CPS report a lot was left out, as you will see with the few pages I copied. I was not happy with what I did read in the portion of the files I did receive. I wrote John Keller, CPS Supervisor, a letter on September 1, 2003, which I am enclosing a copy to your office that state some of my concerns. I know there are interviews with Samantha that were not documented properly, as well as, other interviews of individuals whom Samantha told about her daddy hurting her, which Doug Gilmet didn’t accurately document what they told him, either. He actually told Roger Budnick, not to write me out a statement of what he witnessed until he spoke to someone else in FIA first. Roger Budnick told Doug Gilmet he did what he felt he should do. Then Doug Gilmet writes that I baited and misled unassociated third parties in an attempt to strengthen my custody case. How is this feasible if they are willing to testify in court on Samantha’s behalf about the abuse and what Samantha has told them? Two of the other people who were misquoted in this report are Jennifer Warwick and Sally Warwick.

I have a question? CPS has told 2 of these witnesses that they are not to write statements/document in regards to what Samantha shows them and tells them about her abuse. Is that not taking away their First Amendment right, the Freedom of Speech? I want to know when did we become a dictatorship? CPS of Presque Isle is trying to cover up the abuse of Samantha Heinzel. Doug Gilmet and John Keller, in front of my mother, have threatened me, separately, numerous times that they are going to throw me in jail for reporting the abuse of my daughter. They tell me that I am falsifying documents and after reading theirs I know that is what they have done.

On January 23, 2003 Samantha asked Doug Gilmet if her brother Grayson could come into the interview with her in January 2003. He said in a stern, rough voice, “No, just you, he can’t come.” I feel that he intimidated and scared Samantha severely and she then clung to me and refused to talk to him. Grayson had just come out of an interview with Doug Gilmet. I feel this was very unprofessional, unethical, and not a good way to gain Samantha’s trust.

There is also a statement in the CPS report that Police officer Bill Zinke told Mr. Gilmet on the phone in Jamie Heinzel’s home that I was arrested in a bar dispute. That is an outright lie and then he proceeded to tell Doug Gilmet that I am not credible as a referral source. His statement is included in this report, in January of 2003.

Another witness, Patrick Keyes, who Samantha confided in about her abuse and he saw not only bruises but also severe rash between Samantha’s legs. We took pictures in Samantha’s bathing suit. Mr. Keyes wrote a letter as a referral to CPS, Mr. Gilmet disclosed this letter to Jamie Heinzel. Doug Gilmet did not even interview Patrick Keyes because Jamie Heinzel, the abuser, lied and said that we were romantically involved. I was never involved with this man; he is 25 years older than me. Patrick Keyes is my employer not boyfriend. Patrick Keyes felt led to contact FIA by writing an extensive letter to Doug Gilmet about his interactions with Samantha, but was never contacted in this matter. I was told by FIA that when someone makes a referral that it is Anonymous isn’t this called breaking his or her Confidentiality? Is CPS allowed to disclose this personal information to the abuser?

On May 31, 2003 Samantha told me that Doug Gilmet was giving her toys and telling her that Mommy is the one hurting her and Samantha said, “Mommy I tell him no, that Daddy do it but he won’t help. He (Doug) scare me.” She brought a toy dog in a Christmas hat and I photographed it. This is supposed to be a man that is an ADVOCATE of children, not of the Abuser. In Mr. Gilmet’s report it shows that, as soon as, he is done interviewing Samantha he brings Jamie Heinzel in and discloses what Samantha has told him. What about my daughter’s Confidentiality? Isn’t this in complete violation of her rights? Isn’t that what the Child Protection Act is supposed to do? There is proof/documentation of more abuse related bruises occurring after she has told police, CPS, myself, and also after going to the Hospital to have them documented. I guess I just can’t see how they have the best interest of the child in mind when it appears to me that they are not following proper protocols.

I have received several letters signed by John Keller stating that the referrals were not substantiated.
I wrote to John Keller, the CPS Supervisor of Presque Isle County on September 1, 2003. I submitted a referral about Samantha’s vaginal redness and the bruise in the middle of her back that Samantha said, her father hit her with a hairbrush. He never responded to the many questions and concerns that I had containing Doug Gilmet’s CPS report of Samantha Catherine Heinzel. He did have another worker from Alpena meet with Samantha. Her name is Lori Budnick. In an interview with John Keller, where I wanted to discuss the discrepancies in the CPS report, Mr. Keller told my mother and I that there was no forensic evidence that would support abuse or neglect. He also said that he welcomed the Office of Children Ombudsman’s investigation. I brought in my photos and showed them to him and he refused to really look at them. I showed him a diagram that I found in a Self Help book in the Public Library that shows Locations of Typical Abuse-Related Injuries resource from the St. Louis Police Department occur and showed him pictures of Samantha that related to those areas. He made a comment that bruises in those are could happen from anything. I said, “that many, in patterns?” He did not want to hear anything I had to say. He said that he supported Doug Gilmet’s reports 100%. I requested a booklet on what their office constitutes as abuse and he refused to give me a copy. I also asked what protocol was for a forensic interview and if he had a copy of that and he refused that to me, as well.

There are several other instances that just don’t make any sense and police reports that don’t appear in the file at all. Samantha was hit on her back by her father, Jamie Heinzel, with a hairbrush; there was a swollen bruise. I have a video of her accounts as to what occurred.

In a phone conversation on 9/09/03, Lori Budnick, CPS worker, told me that she read many letters that I wrote to Jamie Heinzel in regards to complaints of vaginal and anal redness, which she included in her account of the meeting of 9/03/03, LOG # 1718. Ms. Budnick told me that Samantha is a very manipulative little girl, that she didn’t see any signs of abuse. She told me that she had Jamie take Samantha to the Doctor’s office to have her checked out and there were no signs of abuse or neglect on her anywhere. I said, well I have not seen anything out of the ordinary at the moment myself so; I would not expect them to find anything. Jamie has stopped abusing Samantha for the time being, Child Wellness Check for school and court coming up, as far as, infection in the vaginal area she was almost cleared up when she left my care so, no Ms. Henigan would not see anything to that effect either. Ms. Budnick proceeded to tell me that I was the only one seeing these problems and therefore they were not occurring due to her conversation with Ms. Henigan, a nurse practitioner. Then, Lori Budnick brought up my husband’s affair that he is having, and that it is not their concern if the child is sleeping in different beds instead of her own. I simply replied that I have never talked to CPS about such matters. I think she was trying to provoke me. Lori Budnick told me that it was a moral issue not neglect. I told her again that I am not the one who brought it up. I asked her if she thought it was right for a married man to teach his little girl that sleeping with someone that is not his wife is proper and she stuttered, then replied well, that is a custody matter. I said, “and it will be dealt with in court, but that is not what I contact CPS about.” Lori Budnick told me that under no circumstances am I to ask Samantha about her bruises. Samantha told Lori Budnick that her father hit her in the back with a brush. Then Lori told me that she asked her several questions, which would have confused me much less a 4 year old child. Then her answer became inconclusive. I have asked CPS repeatedly to please record their interviews to protect Samantha, as well as, themselves and they have refused under the Child Protection Act.

In Lori Budnick’s report it is documented that she interviewed Samantha, Jamie Heinzel, and Julie Looper, the girlfriend, in Jamie Heinzel’s home. Mr. Heinzel also did not report any concern related to a rash/redness around Samantha’s vaginal area. “Mr. Heinzel stated that he only recalled one time when Samantha told him that it hurt when she urinated.” In Ms. Budnick’s report it reflects that she asked Samantha leading and confusing questions. “I ASKED SAMANTHA IF THERE WAS ANYTHING THAT DADDY DID THAT SHE DID NOT LIKE OR MAKE HER FEEL UNCOMFORTABLE/HURT.” Then she asked the same question and substituted Julie Looper’s name, father’s girlfriend. “I ASKED SAMANTHA IF SHE HAS EVER HURT AND SHE SAID, “sometimes I go pee and it hurts.”” “DID YOU TELL MOM DADDY HIT YOU WITH A HAIRBRUSH? SAMANTHA SAID, YES.” “I ASKED SAMANTHA TO TELL ME ABOUT WHEN THE POLICE COME OVER/WHAT HAPPENS. SAMANTHA SAID, I DON’T KNOW.” “I ASKED HER HOW COME SHE TOLD HER MOM THAT HER DADDY HIT HER WITH A BRUSH AND SHE SAID I DON’T KNOW.” Also, indicated in the phone logs in Lori Budnick’s report it states that she had Doug Gilmet call Jamie Heinzel on 9/03/03 to let him know that she, Lori Budnick, would be stopping by to see him and Samantha. Then it states there was an Unannounced Home Call to his home at 5:10 pm. Then she went to Marylou Heinzel’s home to see if Samantha and Jamie were there. Marylou Heinzel told Lori Budnick that neither she nor Jamie were using “bubble bath because Sam said that she gets irritates sometime.” Jamie does have a cell phone. How is this a surprise visit when there were several messages to Jamie about this 9/03/03 visit? Samantha tries to please Jamie and this worker misconstrued what Samantha is doing, as love and affection, not self-preservation and fear. She has learned to try and make daddy happy in order to not get hit. There are pictures, of June 29, 2003, that I showed to a retired State Officer in Detroit and he stated that they looked just like defensive bruises.

At this point, they had never interviewed Samantha in a neutral environment where Jamie is nowhere to be seen. They always have him bring her in. Isn’t that intimidating to a child knowing the person that is hurting you is waiting for you? Shouldn’t a forensic interview like this be conducted in a neutral place for the child to feel safe? In an interview on Dec. 4th, 2003 in a neutral environment, Samantha told Lori Budnick, Doug Gilmet, John Keller, and Officer Bielas that her daddy hit her in the back with a hairbrush. And when asked if her mother told her to say this Samantha replied No.

There are several police reports, Child Protective Services complaints, letters to Friend of the Court, 100's of photos documenting bruises, testimony from the child to law enforcement, FIA, and friends about her father hurting her and now she has told FIA and Officer Bielas of the Rogers City Police Department that her father has sexually molested her. The only way a 4 years old child can talk about it. There have been 24 referrals to Child Protective Services and every one of them has been unsubstantiated even though there is testimony from police and the child as to what had occurred, bruises, pictures, and video. If you look into this issue, you would find testimony of the State’s own employee of Family Independency Agency, Doug Gilmet, testified where abuse related bruising would appear, butt, foot, back, ect… he was presented pictures of Samantha’s bruises on her feet, back, butt, in multiple pattern bruises, and under the arm, presented as evidence in case # 02-002359-DM, and told that Samantha told her mother and others that her father had hurt her. His testimony then reflected that it did lead him to admit such bruising would be considered as child abuse and the claim would then be substantiated. Doug Gilmet also testified in October 2003 that it was okay for Jamie to bruise Samantha because she didn’t want to leave her mother’s home. This was in regards to January 28, 2003 when Jamie Heinzel assaulted Samantha Heinzel in front of my son, who was 6 at the time, my mother and myself. So, is it is okay to bruise a child if you are disciplining them? I have always felt that hurting a child out of anger and leaving bruises constitutes abuse. Mr. Gilmet also testified that their office did not take my referrals seriously and he did not look at Samantha’s bruises when she came into his office. I feel this is very discriminating and bias on Family Independence Agency, CPS’ part. How can a forensic interview be conducted if CPS does not follow protocol by looking at the bruises and documenting them? Such as: the multiple bruises on the backs of Samantha’s legs on October 21, 2003. Doug Gilmet called Sally Warwick and she told him about these multiple bruises and how Samantha curls up on the couch and puts her head down and acts so sad, and tells her how daddy grabs and hurts her. Mr. Gilmet did not document this conversation as to what exactly Sally Warwick told him. He did not even have Samantha come in to look at the multiple bruises on the backs of both of Samantha’s legs. Mr. Gilmet ignored these allegations completely, as per, his testimony on the stand in October 2003.

On December 4th, 2003 there was a forensic interview set up with 3 FIA workers and Officer Bielas and Samantha told them that her father had put his finger in her and pointed to her butt and vagina. She also disclosed many other physical abuse issues. FIA “failed to turn on the volume on this video camera interview.” John Keller, CPS supervisor, was in charge of taping interview. CPS of Presque Isle and RCPD, Officer Kenneth Bielas are fighting over several issues. Samantha has told these workers, and me that she has crawled into bed with her daddy and his girlfriend while they did not have clothes on and has witnessed many different acts that she is now repeating. Then she also told the CPS workers and Officer Bielas what had happened to her. Presque Isle’s FIA unsubstantiated this referral, as well. Officer Bielas’ report and Lori Budnick’s reports do not match and Officer Bielas is very upset with CPS for messing up his investigation by not taking notes and not turning the volume on the video camera. Lori Budnick typed 5 pages of report with no notes only Officer Bielas took notes. According to Officer Bielas, Ms Budnick’s report misquoted both Samantha and himself. The Prosecutor’s office refuses to file a warrant on any of the physical or sexual abuse of Samantha. CPS, John Keller, is now filing Emotional Abuse charges against me once again because I took these 2 pictures to prove something was wrong with Samantha’s vaginal area. Doug Gilmet of CPS says that these pictures are affecting Samantha’s self esteem.

On December 15, 2003, Jamie Heinzel was up on the stand and said that FIA workers told him to withhold visitation from me in February 2003 and May 2003. When my attorney asked him who in FIA was instructing him to do this? Jamie said, “Doug Gilmet and Lori Budnick told him that he should not let me see my daughter.”

On Friday, December 19, 2003 CPS worker, Doug Gilmet, called my home and left me a message to call him back. I called his office and there was no answer at 2:00p.m. So I left a message saying that I called back. He left another message at 3:30 saying he was at the Prosecutor’s office filing an Emergency Petition against me and that, as soon as, I get the message to come to Mr. Gray’s office. I got that message around 4:00pm and called my divorce attorney. Christopher Swartz, my divorce attorney, called the Prosecutor’s office and was patched into an Emergency Hearing going on in the courtroom. When I arrived in the courtroom Doug Gilmet was up on the stand testifying.

Jamie Heinzel and Mike Vogler, my husband’s attorney, were both present at this hearing. If this is against me, “Emergency” what does it have to do with my husband unless there were all in on this Ambush together. They wanted to revoke my extra visitation that the Judge had issued on Monday, December 15, 2003. The Assistant Prosecutor signed this Petition and there was nothing new in it that the Judge nor the Assistant Prosecutor, had not already heard in court during the divorce. The Judge obviously didn’t feel I had harmed Samantha or he would not have allowed me the extra parenting time for Christmas.

Mr. Gilmet testified in court record that my four years old child is being coached by cue cards. That someone is holding up cue cards and she is reading them. The courtroom just about laughed at this comment, I know I did. My attorney said that if this is the extent of Mr. Gilmet’s qualifications as to what he knows about Children then he should not be working with Children at all. 4 year olds don’t know how to read; even if they could they would be sounding out every syllable or word reading. If not, Doug said, “someone was behind the camera telling the child what to say.” How many children know how to read lips? A child that young if someone was telling them what to say and they could not hear it or understand they would say “What did you want me to say”, “I can’t remember what you wanted me to say” ect… She has never done this in any interview ever conducted nor on video. Any time CPS or Police have asked her if Mommy told her to say this Samantha says. “No”. The only thing I ever tell her is to TELL THE TRUTH no matter what.

Mr. Gilmet also admitted that he gave the video to Ms. Judith Thompson for her opinion on it. This is the chosen counselor that Doug has been calling off and on as his report states since May 2003. He never gives her all the information. My attorney asked Mr. Gilmet if he gave Ms. Thompson copies of the letters that I wrote Jamie Heinzel. Doug Gilmet, said No. My attorney asked Doug Gilmet if he had told her of the numerous, about 18 plus letters, that I had written Jamie in regards to Samantha’s red vaginal and anal area. Doug Gilmet said, No. So, he is omitting information to get the results that CPS seeks. It seems CPS gives half the story, in order to bias a witness against me. Once again False Documentation and Discrimination.

John Keller, CPS Supervisor, is who filed the complaint/petition against me. They never looked at the Police Report regarding the fact that Jamie Heinzel was threatening Samantha about not telling. They ignored all of that and went after the picture that was included in the report of Samantha’s vaginal and anal area that was to support that something was wrong with her. The nurse practitioner in court could not rule out sexual abuse when showed the same picture. There were 2 pictures admitted into the courts record in a private envelope.

The Petition says that Victoria Heinzel-Sanderson when able to do so, neglects or refuses to provide proper or necessary medical care for the child’s health, other care necessary for the child’s health and morals.
I have no physical or legal rights to Samantha and was unable to take her to the doctor’s office without Jamie Heinzel’s or CPS’s permission. So, how could I possibly be medically negligent? Shouldn’t this be against my husband? Lori Budnick read the letters that I wrote to Jamie regarding her vaginal redness and many other ill conditions, in Jamie Heinzel’s home. Samantha also disclosed this to her in the same interview. It is documented in her report of 9/03/03, I told Doug Gilmet several times and also in an interview that I tape recorded on December 12, 2003 that I wrote letters to Jamie regarding this problem on 10.28.03 and he never took her to the doctor’s office or spoke to me about it. Both CPS and Jamie Heinzel knew these problems existed and both ignored them and never acted on them. Jamie has the custody and all the rights. I have even tried to take Samantha to the doctor and was turned away because I don’t have legal or physical rights by the Rogers City Medical Group. Jamie made sure that everyone at that doctor’s office knew I had no authority to issue medical treatment to our daughter. We discussed this issue with the Friend of the Court in December 2002.

In the new order issued December 19, 2003, the Judge had to actually issue an order to the following. IT IS FURTHER ORDERED that the Respondent mother may take the minor to a physician for any necessary emergency medical treatment while said minor is in the mother’s care.

There is also a sheet attached to the petition with 6 points.

1 and 2 just state I took pictures and video of Samantha’s irritation problem. I took 2 photos on October 28, 2003 and a video on November 6, 2003 to show the court that even during court proceedings this problem is still occurring. During the video I stated the exact reason for the taking of the video. So, Samantha knew why it was going on so there was no confusion. In the taped interview on December 12, 2003 I told Doug, “Because I got a phone call not to long before that um.. From Lori Budnick saying that I was the only one seeing this, that this was not occurring, that she was not getting red.” I am sending you a copy of the transcript from this interview.

Point 3 – I use Young Living’s KidScents Tender Tush it is for rash on infants. It has no chemicals and contains therapeutic grade oils, which are not irritants and safe if consumed. I can thank Assistant Prosecutor Mr. Gerald Gray for this since he went online and pulled up all the ingredients and made a big deal over this saying its not FDA approved… it can be ingested and consumed and have no adverse side effects. There are no chemical compounds in this ointment. Jamie said that I applied this “Internally” another misquote I know the court record will show that I never said I applied this “Internally”. If this product was hurting Samantha, would she beg to have it applied to her after she goes to the potty and she is hurting? They are trying to say that Tender Tush makes her condition worse. So, I am now Court Ordered not to use it.

Point 4 – I am not allowed to “Wipe” my four years old daughter unless it is ordered by a physician. Many times she is so red that she asks me to wipe her because I make sure she is fully dry and a lot of the time when she eliminates she does not wipe herself very well. She has come to my home with poop caked all over her butt several times. I kept a pair of her underwear in the summer to show how dirty she comes to my house.

On point 5, Mr. Gilmet did not fully quote me. He only picked out a phrase not my full statement. He also did not state the exact question that he asked in the petition; or the exact response that I gave him. I feel this is fraud and falsification of documentation. I am not the only person he has done this with in his reports. I can list about 4 or 5 other people in the documentation of CPS file where individuals have been misquoted.

Point 6 – Doug Gilmet states that Dr. Robert Allum is a M.D. he is only a D.O. He reviewed Samantha’s file which he was not the primary physician that saw Samantha in 2003, the nurse practitioner, Tammy Henigan did. Dr. Allum supports an emergency petition to protect Samantha from the mother. He feels that I am sexual abusing Samantha and sexually exploiting her. Dr. Allum further feels that the mother’s behaviors suggest a borderline personality. When did he get his Ph.D. in Psychology? I have never even spoken to this man. I feel this is slander on Dr. Allum’s part.

My attorney said in court that CPS only filed this petition against me because I reported their office over to the Ombudsman and they are just angry since the Office of Children’s Ombudsman are going to investigate.

I would suggest you request a copy of the CPS case file on Samantha Heinzel and the testimony of Doug Gilmet in case # 02-002359-DM and 03-048-NA. Thank you again for taking your time to look into these matters.