Received - Ask the State of Oregon why it's covering up CHILD ABUSE_

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Received - Ask the State of Oregon why it's covering up CHILD ABUSE_ Powered By Docstoc
					                                                                            October 16,2008

                                                                                   Received
                                                                                   OCT 20 2008
RE: Police Case #: 0880238
                                                                            Attorney General. Salem. Oregon

       Enclosed is a letter that I sent to Police Chief Rosanne Sizer concerning a very
important matter that is in need of investigation? Please review it. I have included a
picture of the injury that my daughter incurred so you may understand why I consider this
matter to be ofthe highest priority. I am still waiting to hear from Police Chief Sizer
about this most serious matter. I am writing to ask for your support in making sure that
my daughter receives a full and fair investigation. I would appreciate it if you would
contact Police Chief Sizer and tell her that you want to see justice for Qadira. I am very
concerned about the Portland Police Bureau, I have reported a crime against a minor
child and they are doing nothing about it. I also believe that due to the conduct of
Sergeant Dan Liu of the Child Abuse Team that you as a representative of the State of
Oregon should call for his immediate dismissal. He is either grossly incompetent or
willfully negligent and certainly should not be in charge of Child Abuse investigations. I
have also filed a complaint against Judge Michael Mcshane because I believe he willfully
presided over a trial in which there was illegal activity and is therefore complicit in the
actions taken against my daughter. He also made sure to deny Qadira the right to a new
trial which she was more than entitled to and he needs to be immediately removed from
the bench or at least thoroughly investigated for his conduct. My child was severely
injured and has been further abused by what seems to be a corrupt legal and judicial
system. This is clearly outrageous. How does an adult who injures a child in such a
severe manner, and not seek medical attention receive protection from answering all
questions and receive a verdict of non-negligence? My daughter and our famiiy have the
right to get our concerns addressed, and the right to a full and fair investigation. This
matter should be of the highest priority to the State of Oregon. I believe that all children
have a right to protection of intentional or negligent harm from an adult under the law
and excusing any adult from such actions sets a very dangerous precedent for the State of
Oregon. We do not want to send a message that our children are not safe in this state. I
hope that you will uphold these rights and seek justice for Qadira. I request a personal
meeting with you about this matter as soon as possible.


Sincerely,
~D-f~\L- ~
Karellen Stephens
Mother, Concerned Parent, and guardian ad htim for Qadira Stephens
7135 SW 54th Ave., Portland, OR 97219
503-977-7935
Police Chief Rosanne M. Sizer
Portland Police Bureau
1111 S.W. 2nd Avenue
Portland, Oregon 97204


Request for investigation of Case #: 0880238

Dear Chief Sizer,

         On April 12th 2007 Qadira Stephens (my daughter) went to spend the night at her
friend Sophie Burkholder’s house. Sophie Burkholder lives with her father Todd
Burkholder and mother Aimee McQuiston. Sophie got a new kitten and invited Qadira to
an overnight so they can play with her new kitten.
           A little after 10 PM that evening I (Qadira’s mother, Karellen Stephens) called to
say goodnight to Qadira. Ms. McQuiston answered the phone and told me to come over
to their home because Qadira was burned. When I arrived at the home of Ms. McQuiston
and Mr. Burkholder I was led down into the basement where I found my daughter naked
with only a robe on. My daughter’s face was swollen and red. When Qadira first saw me
she began crying very hard and said “Mommy I got a burn.” I went to my daughter and
discovered she had a very large burn on her leg. There was no skin on the area that had
been affected. I was extremely shocked. Mr. Burkholder and Ms. McQuiston did not
seek any medical attention for Qadira. I immediately picked up my daughter and left the
Burkholder’s home.
         I drove home to get my husband to help me take Qadira to the hospital. I called
my mother to come watch my other children. I also called Ms. McQuiston and asked if
she could come as well to help watch my other children until my mother arrived so that I
and my husband could leave to the hospital right away. Todd Burkholder and Aimee
McQuiston only live four tenths of a mile away from my residence. Todd Burkholder
came over and I and my husband left to Providence Hospital to seek medical attention for
Qadira. When we arrived at the hospital Qadira was taken immediately to be seen by the
ER doctor Julie Andrews. Audrey Lloyd, my mother, arrived at my residence shortly
after we departed to the hospital.
         Qadira was diagnosed with 2nd degree burns (Exhibit 1) on the inner knee and
thigh of her left leg. Being mandatory reporters, the hospital later explained to me after I
inquired that they did not notify the Department of Human Services because they
believed that Qadira’s burn pattern was consistent with the version of events that she
described to them (see Exhibit 1.) In a follow up appointment at the OHSU Gabriel Park
Clinic with Dr. Sarah Tubbesing, there was some confusion with the several doctors who
looked at Qadira’s leg about weather the burns were 2nd or 3rd degree burns. Qadira was
then referred to a specialist.
         My husband and I put in a claim against Mr. Burkholder and Ms. McQuiston’s
homeowners insurance policy. We retained counsel (Mr. Scott F. Kocher) for Qadira to
facilitate her damages, because he presented himself as a child burn specialist attorney.
       After we retained Mr. Kocher we voiced our concerns about Qadira’s case as
follows. State Farm’s attorney (Rudy Lachenmeier) was also aware of these concerns.

      We were concerned that Qadira was playing a naked game in the bathtub with
       Sophie at the McQuiston/Burkholder home. We felt that Qadira and Sophie were
       too old to be playing naked in the bathtub together.
      Ms. McQuiston and Mr. Burkholder did not seek our permission to have the girls
       play such a game together.
      Ms. McQuiston and Mr. Burkholder injected a dangerous item (a teapot of
       scalding hot water) into a slippery environment with two naked children present.
      Ms. McQuiston asked the girls to stand on the lip of the tub while she poured the
       scalding hot water into the tub (our daughter’s version of events.)
      Todd Burkholder walked into the bathroom when the girls were playing naked in
       the bathroom, which caused Qadira to slip into the bath tub and get scalded.
      Ms. McQuiston and Mr. Burkholder did not seek medical attention for Qadira
       after she was injured.
      Ms. McQuiston and Mr. Burkholder left Qadira sitting in their basement crying
       with only a robe on for about an hour.
      Ms. McQuiston and Mr. Burkholder did not try with earnest to contact us after
       Qadira’s injury. (Exhibit 2)
      Mrs. McQuiston and Mr. Burkholder never gave a sincere apology or showed any
       real concern for Qadira’s injury.

Given these concerns we believe Mr. Scott F. Kocher and Rudy Lachenmeier attempted
to cover up a crime in the following ways.

      Mr. Kocher and Rudy Lachenmeier (defense counsel for State Farm) never
       directed us to the proper authorities.
      Mr. Kocher failed to allow me or my husband to sit in on or discuss the
       depositions of Sophie Burkholder, Todd Burkholder, or Aimee McQuiston.
      Mr. Kocher encouraged us to go to trail without Qadira to testify.
      Mr. Kocher failed to inform us that Ms. McQuiston was not taking any
       responsibility and intentionally left Todd Burkholder, a responsible party, off of
       the complaint. In a letter from state Farm representative Beth Phipps (Exhibit 3)
       State farm makes full admission that Qadira was injured at the
       McQuiston/Burkholder home.
      Mr. Kocher agreed to a verdict form (Exhibit 16) that he should have challenged.
       Mr. Burkholder, Mrs. McQuiston, and State Farm insurance company had already
       admitted that the accident occurred in their home. Qadira was an 8 year old child
       at the time of the accident. There should have been no question of responsibility.
      Mr. Kocher unethically led defense witnesses through the trial and never allowed
       them to tell their version of events on the stand. (Exhibit 18)
      Mr. Kocher never properly addressed at trial, in the pleadings, or in depositions of
       Aimee McQuiston and Todd Burkholder the Stephens’ concern that Qadira had
       been playing naked at the McQuiston/Burkholder home or the fact that Mr.
    Burkholder walked into the bathroom when he was well aware that Qadira and
    Sophie were playing naked.
   Mr. Kocher allowed defense to use evidence that was not relevant to liability or
    damages without objection. Mr. Kocher never showed defense exhibits to us. (see
    Exhibit 4) Mr. Kocher also never showed the plaintiff’s evidence that he was
    going to use at trial to us.
   Mr. Kocher allowed the intentional injection of homeowners insurance into
    defense evidence without objection, which prejudiced the jury against his client
    Qadira and her parents. (Exhibit 5)
   Mr. Kocher improperly used the medical evaluation of Tuan A. Nguyen (Exhibit
    17) as evidence at trial. Tuan A. Nguyen was defense counsels doctor and not
    Qadira’s doctor. He only saw Qadira one time at the request of Mr. Lachenmeier.
   Mr. Kocher did not properly investigate Ms. McQuiston and Mr. Burkholder’s
    claims of having contacted a Kaiser Advice Nurse after Qadira was burned. This
    spoke to the credibility of Mr. Burkholder and Ms. McQuiston’s as witnesses,
    which could have been challenged at trial.
   Mr. Kocher failed to present relevant evidence that he had in his possession
    contesting Mr. Burkholder and Ms. McQuiston’s claims at trial of trying to
    contact us multiple times on the evening of Qadira’s injury. (see Exhibit 6) This
    evidence would have challenged Mr. Burkholder’s and Ms. McQuiston’s
    credibility as witnesses at trial.
   Mr. Kocher did not play the taped phone message that Amy McQuiston left on
    our answering machine the night of the burn. The phone message was an
    admission of fault and Mr. Kocher had full access to this evidence. The message
    also provided a clear timeline of the events and was concrete evidence that Qadira
    spent about an hour without medical attention in their home after the accident
    occurred. This was one of the first items turned over to Mr. Kocher after we
    retained him.
   Knowing Ms. McQuiston and Mr. Burkholder’s denial of responsibility based on
    their version of events. Mr. Kocher failed to involve testimony or documentation
    from the ER doctor or any doctor who would have been able to substantiate
    Qadira’s version of events based on her burn pattern.
   We never saw or heard of an Offer of Judgment (Exhibit 7) from State Farm until
    we viewed and requested copies of the court file from the court after the trail and
    after Mr. Kocher withdrew as counsel. Note: the Offer of Judgment already
    expired when Mr. Kocher claims to have mentioned it in a phone conversation on
    6/29/08. (Exhibit 19) My husband contends that Mr. Kocher never mentioned an
    Offer of Judgment.
   Mr. Kocher did not allow or provide viewing of or copies of pertinent documents
    in regards to Qadira’s case to us. Most notably the Complaint that Mr. Kocher
    filed with the court (Exhibit 8), the Answer (Exhibit 9), the mediation statement
    (Exhibit 10), and the Offer of Judgment. (Exhibit 7)
   Mr. Kocher went to trial without receiving Defendant’s Response to Plaintiff’s
    First Request for Admissions. The response was filed with the court after the
    trial. (Exhibit 12)
      Mr. Kocher allowed defense counsel Rudy Lachenmeier to ask inappropriate and
       irrelevant questions in depositions and at trial without objection.
      Mr. Kocher allowed Rudy Lachenmeier to have Qadira’s entire deposition read at
       trial. Qadira was available to testify and either attorney could have issued a
       subpoena to have her testify. In Qadira’s deposition she stated to Mr.
       Lachenmeier that her burn did not bother her. But in a journal that Qadira kept
       after her burn there was clear evidence that this was not true. (Exhibit 13) Mr.
       Lachenmeier had possession of this journal as well as Mr. Kocher. Mr. Kocher
       did not use Qadira’s journal to rebut Mr. Lachenmeier’s assertion that her burn
       did not bother her and allowed her deposition to stand as her testimony.
      We provided two credible witnesses to testify on behalf of Qadira in regards to
       her personality changes since her accident. Qadira’s Grandmother Audrey Lloyd
       whom Rudy Lachenmeier’s assistant called and deposed over the phone (Exhibit
       14), and Paula Ripke (a neighbor and social worker) whom Mr. Kocher met with.
       Mr. Kocher said he felt that Mrs. Ripke and Ms. Lloyd added no relevant
       testimony. In trial when Mr. Lachenmeier asked Mrs. Stephens if anybody had
       noticed any changes in Qadira’s behavior I cited Mrs. Ripke and Ms. Lloyd but
       Mr. Kocher called neither witness to testify to my credibility as a witness.
      Mr. Kocher seemed to be inappropriately investigating my husband and me in the
       deposition of Todd Burkholder, Sophie Burkholder and Aimee Mcquiston.
       (Exhibit 15) instead of investigating what happened to Qadira on the night of the
       accident.
      Mr. Kocher did not object to Mr. Burkholder’s testimony at trial which could
       have been perceived as expert testimony by the jury in regards to burns. (Exhibit
       18)
      Mr. Kocher did not move for a directed verdict even though Ms. McQuiston and
       Mr. Burkholder admitted to injuring Qadira.
      Qadira was diagnosed by several doctors and Mr. Kocher and Rudy Lachenmeier
       failed to bring any doctor to testify to damages or the validity of liability at trial.
      We believe that Mr. Kocher and Mr. Lachenmeier had a special interest in failing
       our daughter’s case because the Defendant’s brother-in-law is a Portland Metro
       City Counselor Rex Burkholder. In Mr. Kocher’s deposition notes of Aimee
       McQuiston and Aimee McQuiston’s deposition there is clear reference to Rex
       Burkholder. This might also explain why Mr. Kocher left Todd Burkholder off of
       the complaint. (Exhibit 11)

        My husband and I are not attorneys and did not express dissatisfaction with any
aspect of Mr. Kocher’s representation before the verdict because we were unaware of the
impact of his actions and were depending on Mr. Kocher for sound legal advice for our
daughter. We trusted that he knew what he was doing and that he was bound by a
professional code of conduct. My husband and I also believed that State Farm was acting
in good faith and was working with us and our daughter to have our concerns answered
and addressed. We never attended a trial before and looked to Mr. Kocher to guide us in
the legal process and to help protect our daughter’s rights throughout the process.
    The fact that Qadira incurred this type of injury at all and the manner in which it
occurred has and will continue to be very difficult for Qadira and our family. She has a
permanent scar on her left leg and endured a very traumatic event. Mr. Kocher’s and
Rudy Lachenmeier’s further abuse towards our child should not be taken lightly. Qadira
endured numerous trips to Mr. Kocher’s office to have her privacy invaded and her leg
photographed. She also had her leg photographed by State Farm representatives (Beth
Phipps and Rudy Lachenmeier) on two different occasions. On the day of mediation she
was asked to lift her pant leg so that Mr. Barker and three representatives of State Farm
could view her scar. Mr. Kocher also asked to view and took copies of her private
journal that he also provided to defense counsel. This is an 8 year old child and this
conduct is egregious.
     We were shocked to hear the testimony of Todd Burkholder, Sophie Burkholder, and
Aimee McQuiston at trial. Mr. Kocher informed us that the defendants told a slightly
different story of how Qadira’s injury happened. The story that the defendant told at trial
in regards to where Qadira was standing was inconsistent with the burn pattern on
Qadira’s leg and could have easily been challenged. We also learned at trial that Mr.
Burkholder heated and tested the water before handing the tea kettle to his wife and that
this game was apparently his idea and something he liked to do for himself. Mr.
Burkholder, Aimee Mcquiston, and Sophie Burkholder also testified that Qadira had
bathed at their home before which was not true as far as we are aware. How was Mr.
Burkholder left off of the complaint as a responsible party? Mr. Kocher and Mr.
Lachenmeier never properly addressed at trial or in depositions our concern that Qadira
should not have been bathing at the McQuiston/Burkholder household without
permission or the fact that Mr. Burkholder walked into the bathroom while she was
naked, which frightened her and caused her to slip into the tub. The jury deliberated for
ten minutes before absolving Mrs. Mcquiston of negligence with the knowledge that she
had indeed injured Qadira and with no evidence to the contrary. We filed a police report
soon after the trial. How does an adult who injures a child in their care, on their property,
at their hands, and admits to it obtain a unanimous verdict of non-negligence? When I
viewed a copy of my daughters file through the court I discovered that defense counsel
(Rudy Lachenmeier) had not entered any evidence into the court log. Judge Michael
McShane and Paul Shoen (court clerk) claim to have no memory as to what was received
into evidence and there is no evidence logged into the court file. I am in the process of
filing a complaint against Judge McShane for willful misconduct, and have already filed
a complaint against Mr. Kocher with the Oregon State Bar for malpractice and
negligence.

    Had I known that my daughters attorney was going to behave in an unethical and
negligent manner and not properly investigate all claims, and that State Farm, Aimee
Mcquiston, Todd Burkholder and their attorney Rudy Lachenmeier did not have Qadira’s
best interest at heart in regards to her injury I would have contacted the police along time
ago in order to have this matter properly investigated. I need to have all of the
information in regards to my daughter’s injury properly investigated so that her father
and I can make the best decisions for her in regards to her follow up care, including
counseling. I expect to cooperate fully with law enforcement in this matter and would
hope that law enforcement will be willing to do a complete investigation of the facts.
    I Karellen Stephens, guardian ad litim for Qadira Stephens and in the interest of
protecting her rights respectfully request a through police investigation into this matter. I
would like to press charges against those individuals who took part in these actions
against my daughter. I have spoken with Sgt. Dan Liu of the C.A.T. team several times
and explained to him my concerns and he has refused to investigate this matter. He was
argumentative and rude on the phone and hung up on me despite the fact that this is a
very serious matter. His only concern seemed to be that Aimee McQuiston and Todd
Burkholder might get into trouble. My daughter who was 8 years old at the time of this
incident has the right to have her rights protected. She is entitled to a full and fair
investigation. She suffered a severe burn and further abuse at the hands of State Farm
and their attorney Rudy Lachenmeier and her own attorney (Scott F. Kocher) who did
nothing to protect her rights throughout the entire legal process. I feel that it is very
important to understand what happened in the Mcquiston/Burkholder home on the night
of April 12th 2007 and at the trial on August 11 and 12th. I am deeply concerned about
how my daughter’s case was handled and I need the help of law enforcement to make
sure that my little girl receives a full and fair investigation. I have included in this letter a
full recording of the trial and a recording of an additional hearing that I had with Judge
McShane when I tried to get Qadira a new trial. I have also included all depositions
except for Qadira’s which I will send to you as soon as I receive it. I have in my
possession some other relevant items that I will turn over to law enforcement as soon as I
receive some notice of cooperation in this matter. Please review these recordings and all
pertinent documents. Qadira deserves a full and fair investigation.



Sincerely,



Karellen Stephens
guardian ad litim for Qadira Stephens

7135 SW 54th Ave.
Portland, Or 97219
503-977-7935
                                                                           March 14, 2011

       On April 12th 2007 Qadira Stephens (my daughter) went to spend the night at a
classmate’s house. A little after 10 PM that evening I (Qadira’s mother, Karellen
Stephens) called to say goodnight to Qadira. Mrs. McQuiston (Sophie’s mother)
answered the phone and told me to come over to their home because Qadira was
burned. When I arrived at the home of Mrs. McQuiston and Mr. Burkholder (Sophie’s
father) I was led down into the basement where I found my daughter naked underneath
only a robe. My daughter’s face was swollen and red from crying. When Qadira first
saw me she began crying very hard and said “Mommy I got a burn.” I went to my
daughter and discovered she had a very large burn on her leg. There was no skin on
the area that had been affected. I was extremely shocked. Mr. Burkholder and Mrs.
McQuiston had not sought any medical attention for Qadira. We still do not know how
long Qadira spent in the basement without proper medical attention.

        I drove home to get my husband to help me take Qadira to the hospital. I called
my mother to come watch my other 3 younger children. When we arrived at the
hospital Qadira was taken immediately to be seen by the ER doctor Julie Andrews. She
told the hospital her version of events and was diagnosed with 2nd degree burns on the
inner knee and thigh of her left leg. The hospital did not notify the police or DHS which
is a violation of ORS 419B.010 and 42 USC §13031 (a). I notified Qadira’s teachers
and her school but no one notified the authorities or suggested we do so. I later
discovered that all of these individuals were mandatory reporters and should have
reported this incident.

    We retained counsel, the Vangelesti Kocher law firm, for Qadira to facilitate her
case. Vangelesti Kocher did not notify the authorities which is a violation of ORS
419B.010 and 42 USC §13031 (a). Vangelesti Kocher recommended that I be
appointed Guardian ad litem and Oregon Judge Dale Koch signed this illegal order
which is a violation of 18 USC §3509 (h)(1). Not only was I completely unqualified to be
Qadira’s Guardian ad litem but I was also a witness in this case. I was told that this
case was just about Qadira’s damages despite all the concerns that I imparted to them.
I was not informed that Todd, Amy and Sophie had told a different version of events.
Child abuse and neglect is clearly defined in ORS 419B.005 which states “Any assault,
as defined in ORS chapter 163, of a child and any physical injury to a child which has
been caused by other than accidental means, including any injury which appears to be
at variance with the explanation given of the injury”. I became aware at the trial that
there are two conflicting accounts of how the burn occurred. When we was reported this
to the police they refused to investigate. If you try to report this matter to Oregon DHS or
Portland Police Bureau you will find that Qadira’s case is mysteriously ineligible for
investigation. DHS has refused to give me access to the original unaltered report that
was generated after we made a police report in 2008. There is clearly defamatory
statements made by Rudy Lachenmeier in the report and they are blanked out. I asked
DHS what Rudy Lachenmeier said to them about my family and they have stopped
talking to me. Only Qadira’s version of events is contained in the report and the State
found neglect. They never made contact with Amy, Sophie, or Todd.

        After we retained Vangelesti Kocher we voiced our concerns about Qadira’s case
as follows.

      We were concerned that Qadira was playing a naked game in the bathtub with
       Sophie at the McQuiston/Burkholder home.

      Mrs. McQuiston and Mr. Burkholder did not seek our permission to have the girls
       play such a game together.
      Mrs. McQuiston and Mr. Burkholder injected a dangerous item (a teapot of
       scalding hot water) into a slippery environment with two naked children present.
      Mrs. McQuiston asked the girls to stand on the lip of the tub while she poured the
       scalding hot water into the tub (our daughter’s version of events.)
      Todd Burkholder walked into the bathroom when the girls were playing naked in
       the bathroom, which caused Qadira to slip into the bath tub and get scalded.
      Mrs. McQuiston and Mr. Burkholder did not seek medical attention for Qadira
       after she was injured.
      Mrs. McQuiston and Mr. Burkholder left Qadira sitting in their basement crying
       with only a robe on for an undisclosed amount of time.
      Mrs. McQuiston and Mr. Burkholder did not try with earnest to contact us after
       Qadira’s injury (we only live a couple of blocks away.)
      Mrs. McQuiston and Mr. Burkholder never gave a sincere apology or showed any
       real concern for Qadira’s injury.


Given these concerns we believe Vangelesti Kocher (Scott Kocher and Richard
Vangelesti ) and Rudy Lachenmeier attempted to cover up a crime in the following
ways.



      Vangelesti Kocher and Rudy Lachenmeier never reported this matter to the
       police and did not properly investigate what happened to Qadira on the night on
       April 12th 2007.
      Vangelesti Kocher failed to allow me (guardian ad litem) to sit in on or discuss
       the depositions of Sophie Burkholder, Todd Burkholder, or Aimee McQuiston or
       Renee Stephens which is a violation of 18 USC §3509 (h)(2).
   Qadira was not allowed to testify and they did not take videotaped testimony.
    The opposing counsel simply read her deposition in open court which is illegal.
   Vangelesti Kocher failed to inform me that Mrs. McQuiston was not taking any
    responsibility and intentionally left Todd Burkholder, a responsible party, off the
    complaint.
   Vangelesti Kocher unethically led defense witnesses through the trial and never
    allowed them to tell their version of events on the stand.
   Vangelesti Kocher never properly addressed at trial, in the pleadings, or in
    depositions of Aimee McQuiston and Todd Burkholder, the Stephens’ concern
    that Qadira had been playing naked at the McQuiston/Burkholder home or the
    fact that Mr. Burkholder walked into the bathroom when he was well aware that
    Qadira and Sophie were playing naked.
   Vangelesti Kocher allowed defense to use evidence that was not relevant to
    liability or damages without objection.
   Vangelesti Kocher did not properly investigate Mrs. McQuiston and Mr.
    Burkholder’s claims of having contacted a Kaiser Advice Nurse after Qadira was
    burned. Todd Burkholder and Aimee Mcquiston have never produced their
    phone records from the night of April 12 2007.
   Vangelesti Kocher failed to present our phone records that he had in his
    possession contesting Mr. Burkholder and Mrs. McQuiston’s claims at trial of
    trying to contact us multiple times on the evening of Qadira’s injury.
   Vangelesti Kocher did not play the taped phone message that Amy McQuiston
    left on our answering machine the night of the burn stating that ”Qadira got a
    burn and she wants to go home...” The phone message was an admission of
    fault and Vangelesti Kocher had full access to this evidence. I directed him to
    play the call at trial and he refused saying it “would make us look bad.” This was
    one of the first items turned over to Vangelesti Kocher after we retained them.
   We never saw or heard of an Offer of Judgment from State Farm until we viewed
    and requested copies of the court file from the court after the trial and after
    Vangelesti Kocher withdrew as counsel.
   Vangelesti Kocher did not allow or provide viewing of or copies of pertinent
    documents in regards to Qadira’s case to me. Most notably the Complaint that
    Vangelesti Kocher filed with the court, the Answer, the Mediation statement, and
    the Offer of Judgment.
   Vangelesti Kocher went to trial without receiving Defendant’s Response to
    Plaintiff’s First Request for Admissions. The response was filed with the court
    after the trial.
   Vangelesti Kocher allowed defense counsel Rudy Lachenmeier to ask
    inappropriate and irrelevant questions in depositions and at trial without
    objection.
   Vangelesti Kocher allowed Rudy Lachenmeier to have Qadira’s entire deposition
    read at trial. Qadira was available to testify and either attorney could have
    issued a subpoena to have her testify.
   I provided two credible witnesses to testify on behalf of Qadira in regards to her
    personality changes since her accident. Qadira’s Grandmother Audrey Lloyd
    whom Rudy Lachenmeier’s assistant called and deposed over the phone, and
    Paula (a neighbor and social worker) whom Vangelesti Kocher met with.
    Vangelesti Kocher told me he felt that Paula and Audrey added no relevant
    testimony which was not true.
    Vangelesti Kocher seemed to be inappropriately investigating my husband and I
    in the deposition of Todd Burkholder, Sophie Burkholder and Aimee Mcquiston
    instead of investigating what happened to Qadira on the night of the accident.
   Vangelesti Kocher did not move for a directed verdict and refused to file a
    Judgement notwithstanding the verdict even though Mrs. McQuiston and Mr.
    Burkholder admitted to injuring Qadira.
   Qadira was diagnosed by several doctors and Vangelesti Kocher and Rudy
    Lachenmeier failed to bring any doctor to testify to damages at trial.
   We believe that Vangelesti Kocher and Mr. Lachenmeier had a special interest in
    failing our daughter’s case because the Defendant’s brother-in-law is a Portland
    Metro City Counselor, Rex Burkholder, which we learned after the trial and when
    we investigated the matter ourselves. In Vangelesti Kocher’s deposition notes of
    Aimee McQuiston and Aimee McQuiston’s deposition there is clear reference to
    Rex Burkholder. This might also explain why Vangelesti Kocher left Todd
    Burkholder off of the complaint.
   I spoke with the presiding juror Susan Glosser after the jury absolved Aimee
    Mcquistin of any fault after she admitted to Burning up my child, and she told me
    that the jury ruled in this manner because “they paid all of her medical bills” she
    then proceeded to tell me I was mentally ill and “crazy” and she slammed the
    door in my face. Qadira was not awarded medical expenses.
   I have reason to believe that Susan Glosser may have visited my home
    impersonating Beth Phipps (insurance adjustor), and took pictures of my injured
    child.
   There was a woman on the Jury who was from my child’s school, and evidence
    of my child’s school program was apparently sent back to the jury.
   I believe the trial was fixed. Qadira was not appointed a proper Guardian ad
    litem because I had no qualifications to do that job and I was a witness in the
    case making my appointment against federal law USC title 18 section 3509
    subsection (h)
      Rudy Lachenmeier and Scott Kocher had ex-parte communication with the judge
       and this is recorded on the court record. They had a conversation about how to
       make sure the jury “did not get confused about Todd.”
     I have spoken with risk management at Providence St Vincents hospital and they
       have given me no explanation as to why they did not call the police and DHS the
       night I brought my daughter to the hospital
       My husband and I are not attorneys and did not express dissatisfaction with any
aspect of Vangelesti Kocher’s representation before the verdict because we believed
that we were receiving sound legal advice for our daughter. We trusted that they knew
what they were doing. My husband and I also believed that State Farm was acting in
good faith and was working with us and our daughter to have our concerns answered
and addressed. I never attended a trial before and looked to Vangelesti Kocher to
guide me in the legal process and to help me protect my daughter’s rights and interests
throughout the process.

   The fact that Qadira incurred this type of injury at all and the manner in which it
occurred has and will continue to be very difficult for Qadira and our family. She has a
permanent scar on her left leg and endured a very traumatic event. Vangelesti Kocher
and Rudy Lachenmeier’s further abuse towards our child should not be taken lightly.
Qadira endured numerous trips to Vangelesti Kocher’s office to have her privacy
invaded and her leg photographed. She also had her leg photographed by State Farm
representatives (Beth Phipps and Rudy Lachenmeier) on two different occasions. On
the day of mediation she was asked to lift her pant leg so that Mr. Barker and three
representatives of State Farm could view her scar. This is an 8 year old child and this
conduct is egregious!

The jury deliberated for ten minutes before absolving Mrs. Mcquiston of negligence with
the knowledge that she had indeed injured Qadira. There was loud laughter coming
from the deliberation room as the jury was called back into the court. Qadira was
awarded nothing (not even medical expenses) and Amy Mcquiston and Todd
Burkholder walked away free with no consequences. We filed a police report soon after
the trial but have been told by the police that they do not investigate this type of thing. I
have spoken with Sgt. Dan Liu of the Child Abuse Team several times and explained to
him my concerns and he refused to investigate this matter. He was argumentative and
rude on the phone and hung up on me despite the fact that this is a very serious matter.
His only concern seemed to be that Aimee McQuiston and Todd Burkholder might get
into trouble. I tried to file a report with the local FBI and the individuals I spoke with
refused to give me their names and never contacted me. I finally made contact with an
agent that gave me his name (Matt Doyle) but he still has failed to contact me. The FBI
sent me back all of my materials and told me never to contact them again. I believe that
Rex Burkholder, Rudy Lachenmeier, Scott Kocher, and Richard Vangelesti are using
their power to obstruct justice in this matter.

I filed a complaint against Mr. Kocher with the Oregon State Bar but it was dismissed
because he went to “Harvard.” I filed a complaint against Judge Mcshane and this
complaint was also dismissed without investigation or explanation. I have written all my
State and Local officials and they all have refused to help Qadira. I spent 9000 dollars
to file an appeal on her behalf only to have it thrown out of the State Court with no
opinion. I believe that the appellate attorney (Andy Simrin) was dishonest as well. All
the judges that oversaw this case are covering up child abuse and need to be
investigated immediately! I filed a motion to appoint Qadira counsel as an indigent child
in order to petition the Supreme Court of Oregon, and it was denied. I wrote and filed
the Petition as her Guardian ad litem to ask them to reverse the lower court’s decision
and they have refused to hear her case.

I have spoken with many attorneys trying to secure counsel to at least go after
Vangelesti Kocher for malpractice but no one will help me as Scott Kocher and Richard
Vangelesti are well known attorney’s in Oregon, and everyone seems to have a conflict
of interest because they know both attorney’s personally or professionally. I finally filed
a pro se action against the law firm Vangelesti Kocher for Malpractice and Negligence
on August 12th 2010. I am supposed to go to trial against them sometime in April and I
really need some help. Any kind of assistance would be appreciated as I have very little
resources and I am handling this matter on my own with the help of my husband. I am
a mother of 4 children and my husband and I work fulltime. We don’t make much
money but we are trying our best to do sound legal research. I have written my own
complaint and won a small victory when my claim for emotional distress was upheld
when Vangelesti Kocher asked that it be stricken. I would like to find an attorney for
Qadira as well. She has many separate claims against this firm and the police but
again no one will help her and I just don’t know what to do. She is only 12 years old.

   Vangelesti Kocher is considered the leading personal injury law firm in Portland and
they also represent Children of abuse. I don’t believe that these two individuals should
be allowed to practice law in the State of Oregon or anywhere. I am very afraid that
they will take advantage of other families and children

    I Karellen Stephens, guardian ad litem for Qadira Stephens and in the interest of
protecting her rights respectfully request full and fair investigation into these matters.
My daughter who was 8 years old at the time of this incident has the right to have her
rights protected and so do I. We are entitled to a full and fair investigation. She
suffered a severe burn and further abuse at the hands of State Farm and their attorney
Rudy Lachenmeier and her own attorney (Vangelesti Kocher) who did nothing to protect
her rights throughout the entire legal process. This is Child abuse and this is a huge
cover-up. The judges who oversaw this case, the jurors, and every single individual
involved in this matter needs to be properly investigated. I feel that it is very important
to understand what happened in the Mcquiston/Burkholder home on the night of April
12th 2007 and at the trial on August 11th and 12th. I don’t understand why the police
have refused to do an investigation and why nobody in the State of Oregon will help me!
I am deeply concerned about how my daughter’s case was handled and I need the help
and possibly protection from the individuals involved in this matter. How does an adult
who injures a child in their care, on their property, at their hands, and admits to it obtain
a unanimous verdict of non-negligence and police protection? I am asking for your help
to confront all of the individuals responsible for this crime against my daughter and my
family. Attached you’ll find a picture of the injury my daughter sustained. Please help
us. This case is fully documented in depositions taken under oath, trial proceedings,
and Vangelesti Kocher’s notes and other evidence.



Sincerely,



Karellen Stephens
guardian ad litem for Qadira Stephens

7135 SW 54th Ave.
Portland, Or 97219
503-977-7935
503-545-2516 (cell)

				
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