- Eric T. SchneidermanNew York State Attorney General and District Attorney Frank Sedita
NYS Attorney General and DA Frank Sedita: Investigation regarding the illegal and unethical actions of the Orchard Park Police Department and Thomas G. Meyers in the Kimberly Lawton case.
This is important because due to false accusations made by Thomas G. Meyers, in an effort to win custody, and due to police misconduct by the Orchard Park Police Department a baby is being kept from his mother and a woman is being punished for a crime she did not commit.
See video here: https://www.facebook.com/kimberlylawton.isinnocent
In April 2013, Thomas G. Meyers, set Kimberly Lawton up for a crime in an effort to win custody of their son. Her son's father contacted CPS and the Orchard Park police department and claimed Kimberly was poisoning their 5 month old son.
On April 5, 2013, during a court ordered exchange the Orchard Park police Department left Thomas G Meyers and his nanny alone with the bottles she sent for their son's visit. He picked up their son and the bottles and drove the bottles to a Detective a block away. Two weeks later and already spoiled the OP police then drove the bottles to the NYS lab in Albany where they sat for 5 months rotting and spoiling away. When they were finally tested, they came back with a trace amount, a non measurable amount, of ethanol in the bottles. Ethanol is formed naturally through a fermentation process. Anything with sugar and yeast will ferment and create ethanol. Leave juice on the counter for five months and you will have ethanol.
Also, during the 5 months, CPS (who was working collaboratively with the police) investigated Kim and closed the case unfounded because there was absolutely no evidence whatsoever that she poisoned her baby. Their son was 100 percent healthy and a very happy baby. Her son's pediatrician also told CPS and the police that he was 100 percent healthy.
Furthermore, Tom Meyers has changed his story several times. It is one story with court, another to CPS and yet another to the police. Her son's father also went on vacations and left their son with Kimberly and never once took the baby to a doctor. What's the first thing any parent would do if they thought their child had been poisoned? What parent would leave their baby with a person they thought was harming their child while they went on multiple vacations?
Due to the Father's accusations only, Kimberly was arrested and Erie Family Court transferred custody over to the Father. Not only did the father gain custody, he no longer pays $3,000 a month in child support, no longer drives 3 hours back and forth to see his son, his schedule increased from Mondays and Fridays for 4 hours only and his girlfriend, who would not allow Tom to be alone with Kim or allow Tom to attend doctor appointments, is more secure with their relationship now that Kim is out of the picture.
Finally, and importantly, an investigation is warranted into Police Chief Andrew Pacholec's actions in this case. He has allegedly used his position in power repeatedly to try and cover up his illegal and unethical actions and mistakes involved in this case. For example and most recently, he allegedly approached the Erie County Sheriffs Benevolent Association and tried to encourage them to blackmail the Erie County District Attorney, Frank Sedita, by requesting that they force him to put pressure on Mr. Sedita to bring the case to the Grand Jury or asked the Sherriff’s Benevolent Association to pull funding and support of him as the District Attorney during the next election. That is a serious crime that alone deserves an investigation.
Anyone who has had the unfortunate experience of dealing with a divorce and custody case knows this is exactly the type of behavior courts permit. The parent who makes up the biggest lies about the other parent wins custody, is rewarded and there is no repercussion whatsoever for this illegal and unethical behavior. Instead parents are using CPS and the police (you have to document it all) to abuse the system and using children as a means to satisfy their own agenda. This is child abuse.
Anyone who knows Kim knows this is absurd. She is a loving, wonderful mother to all three of her children and has helped many of us with our kids over and over. She didn’t go from a loving mother, soccer coach, Girl Scout leader, homeroom mom, etc. to hurting her own baby
- New York State Attorney General and District Attorney Frank Sedita
Eric T. Schneiderman
Dear Eric Schniederman,
My name is Walter C. Lawton Jr. and I am writing to you today on behalf of my daughter Kimberly Ann Lawton. On October 17, 2013 my daughter was arrested by the Orchard Park Police Department for allegedly putting poison in her baby son's bottles.
I am writing to you today regarding this case to request an independent investigation into the Orchard Park Police Departments actions and conduct by your office. I am also requesting an investigation into the illegal actions of Thomas G. Meyers for filing a false police report, filing a false CPS report, obstruction of justice, committing perjury on documents submitted to Family Court and perjury during a felony hearing and during Grand Jury testimony.
Let me start with the obvious, if bottles were obtained by the Orchard Park Police Department on Friday April 5th, why were they left at the police station to spoil for two weeks before even being transferred to the NYS Crime lab? Then, why did the bottles sit for 5 months before being tested?
Once the bottles were back, shouldn't the OP police exercised due diligence consulting with an expert regarding how ethanol can form naturally through a fermentation process? Shouldn't the OP police department have exercised due diligence before my daughter was arrested, humiliated, lost her job, had her reputation tarnished and most importantly, lost custody and even visitation of her newborn baby and children?
According to Detective Larry Brand, during the Felony Hearing, the bottles sat at the OP police department for two weeks before being transferred to the lab in Albany. These aren't unsupported accusations but statements made during a felony hearing. Which raises many more questions - were the bottles left in the evidence room at room temperature or in the police department fridge next to left over Chinese?
These bottles were compromised repeatedly by the Orchard Park police department while in their custody and even during the seizure of the bottles.
I am also requesting an investigation into the actions of Detective larry Brand on April 5, 2013. On Friday, April 5, 2013, the day the bottles were seized, Detective Larry Brand was parked on Burbank Drive and left Thomas G. Meyers, the person making the accusations, and his employee alone with the evidence on Glendale Terrace. He then allowed Mr. Meyers to drive the bottles over to him on Burbank Drive. This certainly does not follow proper Chain of Command. I invite any person to park on Burbank and honestly say they can see my daughters home through cars, bushes, trees and into the front seat of a SUV with tinted windows with the rear end of the truck facing towards Burbank. Detective Brand allegedly told CPS worker Stephanie Mang a very different story about how he seized the bottles then he told during the Felony Hearing. Again, this is not unsupported accusations since there is evidence that exist of the Orchard Park Police Departments actions on this day. I would like to offer your office video, photos that were taken of the exchange on Friday, April 5, 2013.
Finally, and very importantly, I believe an investigation is warranted into Police Chief Andrew Pacholec's actions in this case. Not only did he threaten my daughter over the phone, it has been brought to my attention that he has allegedly used his position in power repeatedly to try and cover up his illegal actions and mistakes involved in this case. For example and most recently, it has been brought to my attention that he approached the Erie County Sheriffs Benevolent Association and tried to encourage them to blackmail the Erie County District Attorney, Frank Sedita, by requesting that they force him to put pressure on Mr Sedita to bring the case to the Grand Jury or asked the Sherriffs Benevolent Association to pull funding and support of him as the District Attorney during the next election. That is a serious crime that alone deserves an investigation. I understand Politics are part of life but how dare he legally, morally and ethically play Politics with a baby's life and with my grandchildren!
As your office investigates this case, I believe Thomas G Meyers actions will become apparent so find no need to detail those or any other concerns in this letter today.
There are certainly several factors that I have outlined in my letter and many more that your office has received from other concerned citizens that should cause great concern to your office regarding the Orchard Park Police Departments and Thomas Meyers conduct during the investigation process and behavior and actions even now while the DA is spending time reviewing all the facts. There are several petitions floating around that will make there way to your office and I will continue to escalate this to the next level if your agency fails my daughter like the OP police deparemt has in this case. This will not go away until my daughter and grandchildren receive the Justice they deserve.
I would like to close my letter with one final request of you, imagine for one moment that my daughter did not do what she is being accused of and step by step think about everything she has been through. At first she was asked to no longer volunteer at her children's school during the investigation by the Principal and Priest which was humiliating, she was harassed by the police for months after she told Chief Pacholec she was going to go to the DA and Senator about their gross police work on the case, she was arrested, spent time in jail, lost a 90k year job, had her children taken from her and not just a 8 and 10 year old but her new baby and then had her picture all over the news all the way to the West Coast. One person did this to her but in the process the Orchard Park Police Department has revictimized her and her children over and over again. She missed her baby's First birthday, she refused to celebrate Christmas and her birthday this year, from what I can tell spends most days crying and today six months later she and her kids have not seen each other once! So just imagine for one moment that my daughter actually didn't do this. Justice is not clearing her name, justice is arresting and holding accountable the guilty parties that broke the law.
I appreciate your time.
Walter C. Lawton Jr.
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