UPDATE: THEY TRIED TO PUT ME IN JAIL BUT I CAME HOME ONE MORE TIME
January 24, 2023
Yesterday I was scheduled for trial for the criminal case. In this case St. Luke's hospital claimed to be a victim of mine and the state was prosecuting me with the potential of jail up to 1 year and up to a $10,000 fine. This was for going to St. Luke's Meridian hospital and demanding that they give baby Cyrus back to his parents. I was arrested for trespassing on the St. Lukes property. Last Friday the state, St. Luke's and I had come to a settlement agreement and Monday morning's court hearing was supposed to be just procedural. However, in a very rare turn of event, Judge Annie McDevitt, after hearing the details of the agreement, left the room for around 25 minutes and when she came back immediately ruled that she was not going to accept the agreement. She claimed that the Idaho Victims Act was the reason. She stated that she believed St. Luke's (as the victim) was not really okay with the agreement and that she had an obligation to try and satisfy St. Luke's hospital with greater punishment. St. Luke's had a lawyer from Holland & Hart who then began to manipulate the entire proceeding. It was amazing to witness. St Luke's hospital is the largest "private" employer in the state of Idaho and Holland & Hart is one of the largest law firms in the western United States. They are both tied closely to Governor Little and Scott Bedke. I would have never believed the power they hold over Idaho courts unless I had witnessed what I did yesterday in that courtroom.
Chris Topmiller, the state prosecutor, seemed upset as well. St. Luke's executives went back on the agreement because either they communicated with the judge while she was out (which is illegal by the way) or they saw that the judges had extreme contempt towards me and wanted to grasp the opportunity to go for blood. Mr. Topmiller said to me,"The judge was going to do whatever St. Luke's wanted." Ultimately, St. Luke's and Holland & Hart wanted me in jail, I must go to jail.
To make a long story short, after going back and forth for about an hour and a half, Chris Topmiller and St. Luke's lawyer came to an agreement that included imposed jail time. Initially, I rejected those offers and it finally came down to around 80 days suspended jail time and 5 days imposed jail time. With that as the proposed agreement, I asked if St. Lukes was going to stick with this agreement or go back on it again. I was told that they were in agreement. I then informed Chris Topmiller that I had several days of credit for jail time when I was thrown in jail prior and have a right to use those days of credit. This would keep me from actually going to jail. However, when the St. Luke's people heard about my jail credit, they threw a fit and tried to go back on the agreement again, insisting that I go to jail no matter what. The judge wanted me to agree to at least some imposed jail time, but I insisted that my credit days for jail were legal credits and that I had suffered these days in jail prior and had a right to use them. I also made it clear that if they would not accept the credits and tried to impose jail time, then I was ready to go to trial. Chris Topmiller made the statement that settling this matter was negotiations and everyone has to give.
Judge McDevitt finally decided that the days in jail were not worth going to trial and ruled that the agreement with the credit for time served was final. At the objections of the St. Lukes she ended the proceedings. This judge was put in a position of exposure, if she was to continue to give anymore to St. Luke's then her bias would have become more evident. She could see that St. Luke's executives were never going to be satisfied and would continue to go back on their agreements until I was in jail.
This is what happens when three wolves fight about how they are going to eat a lamb.
I must say that I do believe I would have prevailed in trial. My defense (see below) was very strong and although it is always a challenge to get the truth in front of the jury, I believe (by faith) that I would have succeeded. However, for months I have been asking the Lord to let me know His will in this matter. Ultimately, I came to understand that it did not matter if I went to trial or not, I was not going to prove anything and that I should use this opportunity to extend an olive branch to my enemies. So that is what I did. I do not believe St. Luke's and Holland & Hart accepted my token of peace because they continue to seek for blood. However, I extended it to them, as I believe God requires.
When the court proceedings were over I had a sweet woman insist that God had told her to pay all the fines imposed upon me, nearly $1200. She told me not to reject her offer because it was from God. Just seconds after that a tall man came up to me and asked me if he could pay all of the fines imposed upon me. Then after going down to the main floor of the courtroom I had another woman offer. Leaving the courthouse I called my wife to inform her of what had happened and to let her know that I was coming home one more time. She informed me that baby Cyrus' parents had just Venmoed us $1200 to pay the imposed fines. This love brought tears to both of our eyes. I know that the way we get through hard times is by the goodness of people around us. I am surrounded by the best people in the world. THANK YOU!
As long as I do not "commit any new crimes" for a year, the CRIMINAL case against me is over. I pray that St, Luke's will stop this attack on my family and I and end the CIVIL case against me as well (I am not holding my breath). Baby Cyrus back with his parents was worth it all. That is the ultimate win no matter what happens. I am certain that the Lord is pleased with everyone who acted to make that possible. My only desire is to be left alone and live my life in peace.
Statement on defense if I was to go to trial:
In one of the body cam videos, Eron Sanchez, St. Luke's administrator, says "go to the designated area off of St. Luke’s property". I did not hear that when he said it at the time, no one did that I know of. All those I know who have gone through the videos did not pick up on this either. However, when I began to transcribe that video, I caught it. This was just a couple weeks ago. This did not have a huge impact on my defense because it was never about trespassing anyway. My defense was about baby Cyrus being taken from his nursing and caring mother. The reason we went to St. Luke's hospital in the first place.
My defense in trial was going to be a necessity defense. The state took baby Cyrus from his nursing mother. CPS, St. Luke’s nor the foster parents understood what was going on with baby Cyrus. St. Luke’s doctors had misdiagnosed baby Cyrus multiple times. Ultimately, another doctor diagnosed baby Cyrus later with Cyclical Vomiting Syndrome (CVS). If baby Cyrus would have been taken to foster parents that night when they did not understand his eating schedule, his vomiting syndrome, his sleeping schedule nor what to do to keep him from dehydrating when he vomits perfuslly, there was a significant chance he would have lost his life. The evidence shows facts of this when baby Cyrus was taken to Boise St. Luke’s rather than given to foster parents because of our actions that night. After St. Luke's nurses fed him with a bottle he threw the formula up. This happened multiple times and when the parents got baby Cyrus back he had a feeding tube down his throat and bruises all over his arms and legs were St. Luke’s doctors injected him multiple times with IV needles. I believe it was not until his mother was allowed to give him breast milk and love him that baby Cyrus began to recover.
Ultimately, I and those with me that night stopped the process of baby Cyrus going to foster parents and very likely saved his life or at least from serious medical complications.
If a could prove in trial these legal elements and if the jury would be honest, I would have prevailed.
1) There was a specific threat of immediate harm to baby Cyrus,
2) I did not bring about the circumstances which created the threat of immediate harm,
3) I could not have prevented the threatened harm by any less offense, alternative,
4) The harm caused by staying in the St. Luke's ambulance bay was less than the threatened harm to baby Cyrus.
Click a button above to copy the address (URL)of this page to your system clipboard.