Anne Bear Jailed --

All: I think this is a special situation that we should all read and follow through on Sarah's request. It results from the overly restrictive laws in many states, the lack of flexibility according to case, the bias against anything that is not government sanctioned, and I think it exemplifies the fact that we have untold freedom as long as we don't step outside of the increasingly restrictive legislation, and perhaps more importantly, the interpretation of legislation by governmental bodies. Fred

>From: "Lynn D. Leslie" <conscien@netins.net>

>To: "Battey, Fred" <Fredb001@spectra.net>

>Subject: Fw: Anne Bear Jailed -- long

>Date: Tue, 18 Nov 1997 10:32:33 -0600

>

>Loopies, how about some of you sending Anna a cheery birthday card? It

>would really encourage her!

>

>For those of you new to the loop and the education reform disaster, the

>Barry Bear case was supposed to be a model case to come after the

>homeschoolers in Iowa by threatening to remove their children if they

>didn't comply with the state's overly restrictive home school law(s). Barry

>Bear was raised by his parents on an Indian reservation. Sam Blumenfeld and

>I met with him when he had only been in the state system for a year and

>found him to be a wonderful, pleasant kid with some elementary education

>abilities. The State responded to Anna and Archie's repeated court battles

>to bring him home by institutionalizing him in major lock-ups which Barry

>didn't like. They sedated him with lithium and other horrible drugs that

>were not appropriate for him. The State has made numerous, unsubstantiated

>-- even ridiculous -- claims about Barry's health and mental health over

>the years, which State doctors have attested to, but private physicians

>have said was "bunk". To this date, the State has refused to acknowledge

>its profound error about the mismanagement of this situation -- because to

>do so would negate their attempts to still use this court case as a

>precedent to come after homeschool families. There were numerous attempts

>over the years to come after homeschool families with the threat of social

>workers taking away their kids, using Barry Bear as the precedent, but in

>every case the Lord miraculously intervened. Most of these families were

>poor or of mixed race, like the Bear family which the State thought would

>be easy pickings for their social experimentation.

>

>Anna finally found her "loophole" when the State of Iowa neglected to go to

>court in a timely fashion. The next day she took Barry Bear from the

>institution that was holding him, which she had a legal right to do, and

>brought him safely out of Iowa. The next time she was in Iowa, she was

>jailed for contempt of court for refusing to tell where Barry is. Here's

>the rest of the story....

>

>Sarah Leslie

>__________________________________________________

>The Christian Conscience

>P.O. Box 17346

>Des Moines, IA 50317-0346

>FAX: 515-262-9854

>conscien@netins.net

>http://www.netins.net/showcase/conscience/

>

>----------

>From: VOCALIOWA@aol.com

>To: conscien@netins.net

>Subject: Anne Bear Jailed

>Date: Tuesday, November 18, 1997 2:07 AM

>

>ANNE LEE BEAR, is in jail for contempt of court - When a Boone County court

>refused to release her adult son, Barry Bear from state custody she took

>advantage of liberal visitation to remove him from custody.

>

>Barry Bear, age 20, a captive of the State of Iowa is not guilty of anything

>except being mildly retarded. Anne's contempt charge was imposed when she

> failed to comply with a Boone County order to return him to custody.

>

>She took him off of a heavy drug regimen, cold turkey. She made sure he had

>a good diet and natural food supplements. He's been drug-free for 13

>months since early October 1996. He is doing well. A doctor examined Barry

>and told Anne that Barry could be safely taken off drugs. Barry had a full

>physical examination since escaping state custody.

>

>Current whereabouts of Barry and his father if known, cannot be disclosed

>because both Barry and his father Archie can be prosecuted. They cannot

>visit Anne in jail or contact her in any way for fear of capture. Archie

>Bear is suffering profound physical ailments and is facing severe hardship

>in

>Anne's extended absence. Barry's family is presumably caring for him

>while

>Anne is serving time.

>

>ANNE LEE BEAR is serving her fourth month of a six-month contempt sentence.

> She could be released immediately if she would simply make sure that Barry

>is returned to his captors at Woodward State Hospital and School. This

>option would mean that Barry would return to his state-prescribed drug

>regimen. Anne is resolute and not likely to give in to the state. She

>certainly will not attempt to gain her freedom by returning her son to custody.

>

>Anne's sentence will take her through her birthday, November 22, 1997;

>through Thanksgiving; through Christmas and through New Years. On February

>4, 1998, she is scheduled for release. She could be charged again and again

>and held in jail for the same continuing offense.

>

>The state argued that Barry must be held in custody because he is mildly

>retarded and would be a problem to the community if released without the

>chemical restraints on his behavior. At trial it was demonstrated that until

>he was institutionalized he needed no drugs. The trial court was advised

>that Barry was not combative with his peers but with those at the hospital

>who mistreated him. He has spoken of being isolated and held down and

>shocked by staffers.

>

>If institutionalization prompted the need for the drugs perhaps the state

>should consider freeing him from custody and free him from the drugs. One

>day after Anne arranged for his escape, the court following a 60 day delay

>between trial and ruling, determined that he must be returned to custody and

>remain on drugs. The court said that keeping him in custody was the only way

>of keeping him drugged. Barry's mother took issue with his need for drugs.

>She proved her point by demonstrating for over a year that he did not require

>a drug regimen. This experiment meant that she would have to sacrifice her

> freedom in order to obtain freedom for Barry.

>

> ***************************************

>IF YOU WOULD LIKE TO SEND ANNE A

>BIRTHDAY CARD OR OTHER NOTE OF

>ENCOURAGEMENT:

>

>Her address is: Anne Lee Bear

>Linn County Correctional Center

> Box 74740 Cedar Rapids, Iowa 52407

> ***************************************

>

> In the next few days another review hearing will be petitioned. A pending

> appeal to the Iowa Supreme Court will be dismissed to permit the Boone County

> District Court to revisit the matter.

>

> BACKGROUND

> Anne Lee Bear is married to an American Indian, Archie Bear. Together they

> raised a family on a reservation at Tama, Iowa. The youngest child is Barry Bear.

> This is not the first time the Bears have had difficulty with the state.

> Both Archie and Anne served time in jail for withdrawing Barry from public

> school. The state said Anne, a teacher of 20 years could not home-school

> Barry because he was mildly retarded. Dr. Samuel Blumenfeld noted author

> and educational authority, said she was capable of meeting Barry's

> educational needs. Notwithstaning a heavy weight of evidence in the

> family's favor, the state won that argument and took over custody of Barry

> from age 11 to 18. The state in its infinite parental wisdom taught him

> important things like how to tie his shoe strings and how to ride the MTA

>and

> how to stuff envelopes. The Court of Appeals told the DHS to return Barry

> to his home but the DHS in their tenacity to "maximize" his educational

> opportunities asked the Iowa Supreme Court to overturn the Court of Appeals

> ruling to release.

>

> The family thought that Barry would surely return home when he became an

> adult and no longer under DHS control. The administrator at the

> DHS-controlled Woodward State Hospital and School in Woodward, Iowa, Dr.

> Michael Davis had other plans for Barry. His stay at Woodward provided

> state funding at the rate of $232 per day for the institution which over the

> past several years has had to fight fiercely against shutdown. The school

> decided that Barry needed to be heavily drugged and petitioned the court to

> hold Barry in custody as an adult. Noting that Anne would not continue the

> drugs if he returned home to the reservation, the court continued his

> confinement indefinitely.

.

> John Harvey 1102 - 21st Street

> Des Moines, IA 50311

> (515) 282-2672

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