Proceed with Child Abuse Case

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I, Channell Kaimikaua, mother of three child abuse victims, ages 4, 7, and 10 at the time of the event, request the immediate commencement of the litigation proceedings in case number CR 17 9503 and CR 16 28799 (State of Nebraska v. Mahiola-Elua Kaimikaua). Our patience in the eleven months since charges were filed in November 2016, has been put to the test. However, I have withheld my sentiments to show solidarity and respect for the judiciary system in Nebraska. I have the utmost belief that justice will prevail and the laws of our state will be upheld. I am asking of your approval to proceed with this case as it has an immense impact on our daily lives, as I try to repair the physical, mental and emotional stress caused by this and past events from their father.

Background
In late October 2016, my oldest daughter bravely approached her teacher and told her she was afraid to go home with her dad. She then had to speak with the guidance counselor and the principal, telling them of the abuse she has endured while under the care of her father. When I spoke with the principal about this he mentioned “she expressed great anxiety and fear in returning home with her father.”
In early November 2016, I picked up my children from their father’s house. During breakfast, I noticed a scratch to my son’s chin and bruises to his left arm, left back and left thigh. My son stated that “daddy cut me with the shaver.” Regarding the bruises, my son said he was hit with the belt. On top of all of this, after the previous visit with his dad, my son came back with a split lip. I was advised to take my son to the police station to have it documented and pictures were taken at that time.
Shortly after all three of my children were interviewed at an organization that specializes in child abuse. Each child had to discuss and relive all the painful events that they endured at the hands of their father. Their father was charged with three counts misdemeanor child abuse.
In January 2017, a trial date was set for these charges. However, a continuance was granted. During this time the children had not been back to their father’s house. The children’s guardian ad litem did a home visit with the children and their father noting there was no concern and the children were safe to resume overnight visits with their father.
In February 2017, two weeks after resuming overnights with their father, my son is once again hurt. This time he was burned with a space heater to his buttock. I remained in contact with the previous detective and he advised me to file another police report. I also had to take my son to be interviewed again; crime scene investigators took pictures and the physician reported second degree burns. For this incident, their father was charged with one count misdemeanor child abuse.
Each month a court date was set for these charges and each time a continuance was granted. Each subpoena we receive in the mail gets my children worried and anxious about having to go to court and testify; to relive the frightening experiences their father put them through as he sits across the room with his oppressive stare. They cry emotionally and get physically ill to their stomachs until they find out it was pushed back.
The defendant’s attorney is persistent on a continuance until a child psychologist completes her evaluation for custody on the divorce case. The custody evaluation related to the divorce is a completely separate case and should have no bearing on a criminal matter.

Closing Remarks
Enclosed is a petition supporting the movement to proceed with litigations in this case. I am asking that this case proceed immediately for the criminal charges incurred by the Defendant as a result of his actions. Further, I ask that the custody evaluation related to the divorce not be admissible in this case, as it has no relevance in this criminal matter.
There is a need for justice to be served in two separate cases of the same matter that is almost one year old. To prevent tragedies and further adverse events from occurring, there needs to be a level of accountability taken by the Defendant, a nurse who took an oath of non-maleficence against patients. But what about his own children? Our community needs to be aware of the repercussions that occur due to poor judgement and lack of self-control in the punishment of our children. There have been far too many child abuse cases resulting in death that have occurred in our community and Nebraska’s child abuse rate is far higher than the national average.



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