Parental Abduction on Feb 1, 1995, by Nilda M. Keene, mother, of minors James Rogers Keene, 7, and Grace Josephine Keene, 10, from the home of their father, James Jefferson Keene

by James J. Keene, Ph.D., victim parent

Jan. 12, 1996. CIVIL NUM: 95-0021 in the local Guayama Court. "NOTIFICACION" of Feb. 1, 1996, hearing on the Dec. 13 and 22, 1995, motions above.

ENTER THE TECHNICALITY

Jan. 16, 1996. CIVIL NUM: 95-2426 HL in the U. S. District Court. Nilda's lawyer submitted "MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION."

Jan. 26, 1996. Asamblea Espiritual de los Baha'is de Puerto Rico, Office of the Secreteriat, writes that they "had an opportunity to meet with Nilda at our last meeting, and wish to invite you to meet with us on your next visit to Puerto Rico." (Rec'd Feb. 16).

Jan. 29, 1996. CIVIL NUM: 95-2426 HL in the U. S. District Court. Vargas & Ramirez submitted "OPPOSITION TO RESPONDENT'S MOTION TO DISMISS."

Feb. 21. 1996. CIVIL NUM: GDI96-047 in the local Guayama Court. Nilda sues for divorce, again presenting false information to the court ("Trato Cruel"), seeking custody of children.

Feb. 22, 1996. CIVIL NUM: 95-0021 in the local Guayama Court. "MOCION DE DESISTIMIENTO POR PARTE DE LA DEMANDANTE BAJO LA REGLA 39.1" Hearing (from Feb. 1). Nilda requested that her own case be dismissed! Apparently, when her attorney learned from the reply of my attorneys that Nilda had misrepresented the facts, she was advised that she had no hope of prevailing even in the local home-town court she expected to favor her.

Feb. 22, 1996. Sent fax letters to Tom Carl, U.S. Embassy, Anita Banks, U.S. Dept. of State, Mike Maderas, U.S. Dept. of Justice, and Special Agent Raymond Lopez, FBI, "to seek your help in a pending U.S. District Court case," providing updated information and stating that "the case of Nilda Keene may become a classic on how to commit international child abduction and get away with it. How? Simply, kidnap children while outside the U.S."

Feb. 23, 1996. Copies of Feb. 22, 1996, fax letter were sent to U.S. Attorney Guillermo Gil and the Children Welfare Department, U.S. Dept. of Justice, in Puerto Rico and to the National Center for Missing and Exploited Children. The cover letter included: "I pray you can assist in whatever manner is appropriate, perhaps by filing your own motions before the U.S. District Court."

Feb. 23, 1996. I replied to the Assamblea Espiritual de los Bahai's de Puerto Rico, agreeing to meet with them. Recent events were cited with this summary: "So we still cannot name a single person on earth to whom Nilda has spoken the truth. She has lied repeatedly to me, to her children, to her brothers and sister, to Baha'is, to friends and to her lawyers. Soon, nobody will agree to represent her. Obviously, she needs help in a big way, in order to rehabilitate herself to be able to function as a mother.... It seems the priority for you might be to meet with her to help her come back to reality and back to being a mother."

Mar. 5, 1996. CIVIL NUM: G DI96-047 in the local Guayama Court. Court issued "EMPLAZAMIENTO POR EDICTO." This document in Spanish appears to be some sort of ruling by the Guayama Court. The agenda includes investigating corruption in this court where a "gringo" appears to have no constitutional rights or right to due process. I was not allowed to confront my accuser, present evidence, call witnesses, nothing. It was just, "You loose." This document vaults Guayama to be the "kidnappers capital" of the U.S.A. The Judge assigned to the case changed two (maybe three) times. Did the Davis-Flores gang have trouble finding a Judge they could bribe? Who knows? Of course, this was no surprise since my Attorneys Vargas and Ramirez had informed me from the beginning that I had little chance of any justice in Guayama.

Apr. 10, 1996. CIVIL NUM: G DI96-047 in the local Guayama Court. Postmark of copies of the Feb. 21 and Mar. 5 documents which were mailed to me.

May to June, 1996. Many long-distance phone calls are logged in this period to many parties related to this case. What phone bills!

June 12, 1996. CIVIL NUM: G DI96-047 in the local Guayama Court, "CONTESTACION A DEMANDA Y RECONVENCION." My attorneys state (my translation to English): "...(Nilda) had not resided in Puerto Rico for more than one year before presenting the 'demanda' ... deny that (Nilda) could have legal custody of their minor children, because they are in Puerto Rico illegally ... that Nilda has violated law in Puerto Rico by keeping the children out of school ..." etc. Actually, as a non-lawyer this 6 page motion appears to be full of valid points, which the obviously biased court in Guayama has and will continue to ignore. This document should be studied carefully.

June 18, 1996. Two faxes to Elizabeth Yore, International Division, NCMEC, of additional pages to this chronology and stating, regarding the June 12 motion: "1. Vargas & Ramirez, well-known civil-rights lawyers, will make an urgent motion for a hearing by the U.S. District court, which has NOT dismisssed the case, and reply to the diversionary divorce petition in the local court, nullifying it by stating that I have been the subject of "trato cruel" (cruel treatment) by the taking and detention of my children. 2. I have asked U.S. Assistant District Attorney Jorge Vega ... to file (a list of) charges against Nilda. If he does not, I may have to go higher in the U.S. Dept. of Justice."

HOW ABOUT A U.S. DISTRICT ATTORNEY?

July 10, 1996. Meeting with Fiscal Jorge E. Vega Pacheco, U.S. District Attorney in Federal Office Building in Puerto Rico. I gave him documents including the Feb 22, 1996, letter.

July 11, 1996. Met with Fiscal Vega and FBI Special Agent Raymond Lopez.

July 12, 1996. Met with Vargas & Rameriz. An "urgent motion" to the U.S. District Court was discussed for an "immediate hearing" and "order to return kids pending outcome." As they prepared their motion, my attorneys asked me to write my perspective at that time. These are my handwritten comments:

Repeated custodial interference.
Repeated concealment of children.
Repeated denial of access to children, even by phone.
Repeated interstate transport of children between PR & NJ, without permission.
Indescribable suffering, anguish, sleepless nights and grief and overwhelming feeling of loss.
The abductor and her accomplices have deprived myself and my two children of something they can never replace or return -- the parent-child relation, where the parent can love, protect, nuture and educate the soul, heart, character and mind of his children. This time of parenting (for me) and of growing up (for my children) has been permanently and irreplacibly robbed from us. It cannot be returned. But the robbery should be ceased.
These cruel and hearless acts, from the kidnapping of the children, through their concealment and detention by Ana Davis and Nilda Keene, range within the worst things one human being can do to another. My children were frightened, lied to, and imprisoned by Ana & Nilda.

[On this same trip to Puerto Rico, I met with representatives of the Assemblea Espiritual de los Baha'is de Puerto Rico to discuss the matter and answer any questions.]

ANOTHER SERIAL ABDUCTION IN THE OFFING?

July 14, 1996. Collect phone call from Nilda for damage control (please see July 17 entry below). Again, I was informed that the kids had "revolted" and "demanded" to speak with their father. Of course, I spoke with them. Grace stated that they are "not allowed to write to the Cooles (children of Sandra and Philip Cooles) and that "the lawyers are saying bad things." The Keene and Cooles children were good friends and my impression from my daughter is that this letter writing was cut off by the Cooles children's parents. After over one year of brain-poisoning by the kidnappers, Grace still wanted to talk to her Daddy, and her statements reflect part of the child abuse she has suffered at the hands of the Davis-Flores gang. Nilda wanted to "talk directly," which is what I had always proposed and wanted.

July 15, 1996. CIVIL NUM: G DI96-047 in the local Guayama Court, "REPLICA A LA CONTESTACION A LA DEMANDA Y RECONVENCION" appears to be the reply by Lcda. Lucia Rivera Gonzalez, Patillas, PR, attorney for Nilda, to the June 12 submission by Vargas & Ramirez representing me.

July 16, 1996. Another collect call from Nilda, in which she tried to get me to drop the U.S. Federal Court case, but offered no indication of how or when I might see my children.

July 17, 1996. Letter

Mr. Jorge E. Vega Pacheco, Asistant U. S. Attorney, U. S. Attorney's Office, District of Puerto Rico, Federal Office Building, Hato Rey, Puerto Rico 00918 USA (1-787-766-5656, fax 1-787-766-6222)
FBI Special Agent Ray Lopez, Federal Bureau of Investigation, Federal Office Building, Hato Rey, Puerto Rico 00918 USA (1-787-273-8930, fax 1-787-759-1587)
Mr. Mike Maderas (1-202-616-3637 or -8937), Missing Children's Children's Division, Office of Juvenile Justice, United States Dept. of Justice
Ms. Elizabeth Yore, International Department, National Center for Missing and Exploited Children (1-800-843-5678, fax 1-703-235-4067)
Consular Affairs Officer, Office of Children's Issues, Bureau of Consular Affairs, United States Dept. of State (1-202-647-2579; fax 1-202-647-2835)
Vargas & Ramirez, Attorneys-at-Law, First Federal Savings Bldg., Suite 1004, Rio Piedras, Puerto Rico 00927 USA (1-787-751-7485, fax 1-787-250-6434)

RE: Abduction of James Rogers Keene, now 9, and Grace Josephine Keene, now 12, by Nilda Margarita Keene (nee Davis-Flores), on Feb. 1, 1995, and U.S. District Court Case Civil No. 95-2425 HL.
Dear friends:
1. On Sunday, July 14, 1996, I received a collect call from Nilda in which she stated that she was planning to leave Puerto Rico with the abducted children to an unspecified location on the U.S. mainland.
2. Nilda also stated that she has been unemployed for the last year and a half. Thus, her sister, Ana Davis-Flores, and probably her brothers, are financially aiding the continuing abduction and detention of my children. Nilda and Ana conducted the previous illegal interstate (Puerto Rico - New Jersey) taking and concealment of my children.
3. A major feature of Nilda's history of mental and emotional instability is repeated moving from one location to another, both before and after the current abduction episode.
4. In summary, Nilda has stated her intention (#1 above), has the help, including financing, from co-conspirators (#2 above) and has the history (#3 above).
5. Therefore, the urgency to remedy the situation regarding the welfare of my children has clearly augmented.
6. Immedate action should be taken to prevent a further flight and concealment of my children.
7. For my friends in the Justice Department, Mrs. Vega, Lopez and Maderas, charges should be filed without delay; and all means available to you, including arrest of the abductor(s), should be considered and implemented. I respectfully request a written report in the coming days, of your actions or plans.
8. To Ms. Yore at NCMEC and the Counselor Affairs Officer at the USDOS, along with all of the addressees above, I urge you to submit your own motions to Judge Hector LaFitte of the U.S. District Court that the case be heard at the earliest possible time.
9. To my Attorneys, Vargas & Ramirez, please submit the "urgent motion" discussed in our phone conversation yesterday in light of the facts cited above.
Thanks to one and all! Sincerely,
James J. Keene, Ph.D.

July 17, 1996. Fax from Vargas & Ramirez for me to sign and return a copy of a "Declaration" by me for the U.S. District Court regarding informational points #1 to #4 in the July 17, 1996, letter above.

July 18, 1996. CIVIL NUM: GDI96-047 in the local Guayama Court, MOCION SOLICITANDO SENALAMIENTO PARA EL ACTO DE CONCILIACION also submitted by Nilda's attorney. A request that I appear, according to Articulo 97 del Codigo Civil de PR, for a hearing called "Vista o Acto de Conciliacion" before the "Officina de Realaciones de Familia."

Sep 20, 1996. Letter from Nora Vargas Acosta of Vargas & Ramirez to the "Unidad de Trabajo Social" (social work) in the local Guayama Court house, re Civil Num. GDI 96-0047. Lcda. Vargas suggested alternate dates for the hearing based on my location and schedule.

Sep 30, 1996. Meeting with William Ramirez of Vargas & Ramirez in Hato Rey, PR.

EXIT THE TECHNICALITY

Oct. 31, 1996. JUDGMENT, U. S. District Court in PR. Alas, my case was dismissed. However, Vargas & Ramirez pointed out their opinion that my case was dismissed on legal technicality and that the 5 page judgment by Hector M. LaFitte, U.S. District Judge, contained many assertions very favorable to my position as victim parent. E.g., quoting,

In the present case, James alleges, and the Court takes as true, the following: that he is the father and has the right of custody of his minor children; that he is a resident of the Commonwealth of Dominica; that on February 1, 1995, Nilda abducted the children and took them to Puerto Rico, depriving James of his right of custody; that at the time of the abduction James, Nilda, and their children were residing in Dominica; that James obtained a writ from the High Court of Justice in Dominica ordering Nilda to appear in that court with the children on July 26, 1995; that James served Nilda with a notice of the writ; that when Nilda failed to appear before the Dominica court, it issued a warrant for her arrest, and that Nilda is wrongfully detaining the children in Puerto Rico.
In her motion to dismiss, Nilda alleges that neither the Hague Convention or the PKPA are applicable to this case....

The legal technicalities appear to be that Dominica is not a signatory of the Hague Convention, on the one hand, and the PKPA applies only to court orders from a U.S. State. Go figure. Judge LaFitte further wrote:

...Foreign countries are not considered states for purposes of the PKPA. In the case before the Court, James does not seek to have a state court order be given full faith and credit. Rather, he is seeking to enforce an order from Dominica's High Court of Justice. The PKPA, however, does not apply to orders from courts outside of the United States...

Huh? I thought I read that law and do not recall such a restriction in the definitions of terms.

The Court is not unsympathetic to James' plight ... this Court lacks jurisdiction to hear his claim.

Clearly, Judge LaFitte is a cogent writer, but that is not news.

Nov 7, 1996. U.S. District Court Judgment received and phone conversation with Vargas & Ramirez. My notes show "broad interpretation", "loophole in law", "probably this case should be published", I could "lobby to patch up loophole" and "contact congressmen involved with the PKPA" and that I could now write a "press release".

Nov 7, 1996. I wrote the first version of this press release.

Nov 8, 1996. CIVIL NUM: GDI96-047 in the local Guayama Court, NOTIFICATION DE TOMA DE DEPOSICION by Vargas & Ramirez notifying court of appointment to take a deposition from Nilda M. Davis Flores on Nov 20.

MIGDOEL VAZQUEZ-DAVIS MD & HOSPITAL LAFAYETTE SCANDAL

Dec 5, 1996. James Keene to Dr. Humberto Vazquez, M.D., President, Tribunal Examinador de Medicos (PR Medical Examiners Board) re: Complaint on unethical and incompetent conduct by Migdoel Vazquez-Davis, M.D. Dr. Vazquez is a cousin in the Davis-Flores clan.

Dec 12, 1996. James Keene to Dr. Abalberto Zoza, M.D., President, College of Surgeons of Puerto Rico, re: "Complaint on unethical and incompetent conduct by Migdoel Vazquez-Davis, M.D."

LETTERS TO CHILDREN OR TO NOWHERE?

Dec 25, 1996. Date on letter postmarked Jan 17, 1997, from my son, James, saying, in part, "Hope to see you soon! Dear Daddy, It is Christmas today! ... Please write back. Love, Jimmy. P.S. Love you! (Of course! Would I not?)"

Dec 31, 1996. Date on letter postmarked Jan 17, 1997, from my daughter, Grace, saying, in part, "Dear Daddy, How are you doing? I am very well. ... And we all love you and hope to hear from you soon, Love, Grace P.S. Please write back."

The two letters above to me from my kids where hand-made decorated Chistmas cards, which is always something very precious for any parent. There was some fairly detailed text on some of their activities and questions about mine. A major theme in this case is the lack of any real, substantive parent-child communction because of the Davis-Flores blockade. Throughout this entire time, none of my letters to my children have received any reply from my children. It is as if my letters to them go in a black hole. While precious, these letters from my children are like signals sent to outer space from which there can be no reply and as such, represent a most pathetic and cruel situation.

There is no evidence in their letters of their receipt of any of my letters (a point I will verify for exceptions as I presently continue to construct this chronology). Not only do I get no response whatever even to the simplest of queries to my bright children, who would not hesitate to respond under normal circumstances, but the content of their letters to me is exclusively superficial material (my kids have more brains than that), as if their hearts and minds have suddenly become devoid of any concerns about anything at all, unlike before the kidnapping when every day I fielded various questions about situations in life.

A friend who has children ranging from under 10 to grown-up, once looked at some of these "precious" letters from my children. The comment was: "It seems they are trying to make it look like everything is all right. They are not saying what is really on their minds."

The stories in the story continue. There is lots more folks!

Copyright © 2002 James J. Keene

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