Found Safe IL - Emily Nialyn Manion Machado, 3, Berwyn, 27 March 2008

[Kelly]

Hello,

I had been in contact with the father many weeks ago and gave him my advise which included contacting parental abduction (PA) experts at NCMEC and going to the state clearinghouse.

We are not PA experts so feel this case is out of our realm and that it was not to us to determine that local LE have wronged him and take or advise action against them.

So, in our case, pointing him to the experts is what what we could do. I truly hope that if he has been wronged, this will be reversed.

We, unfortunately, don't have the manpower and training in PA cases to do more than that on that case.

Thanks,
Kelly

[teonspaleprincess]

Originally Posted by Salem

Oh! Ditto!

I just got to this thread this morning and I am just crying at your generosity, helpfulness, caring and compassion!

You truely inspire me!

Salem

I'm sending prayers to all and especially to baby Emily!

Thank you. Hearing this has made my day.

[Cubby]

Originally Posted by Salem

Oh! Ditto!

I just got to this thread this morning and I am just crying at your generosity, helpfulness, caring and compassion!

You truely inspire me!

Salem

I'm sending prayers to all and especially to baby Emily!

Thank you! Hopefully we will get this resolved soon.
I have a neighbor who is a state trooper. I am going to ask him what he suggests next time I see him.

I also have a 'Rookie' for my local PD who lives across the wall in my same building. He hasn't been particularly neighborly so I won't bother him. I think him being new in LE, he just doesn't want to get too chummy with the neighbors which I understand, lol.

I'll also call our former neighborhood watch officer who I have great rapport with later this week when he is back after the holiday weekend.

[believe09]

Hi, guys-I left a second message with the detective in charge of missing persons. I explained that I was trying to "vet" Michael's story and would appreciate his input as soon as possible.

Can someone PM me the names of the two detectives/police officers who have been passing the case back and forth between them? I can call them today as well....I am an objective 3rd party who takes meticulous notes, so if they are making spurious allegations, I can make a record of it.

Still on the fence, but willing to be wrong!!

[Cubby]

Originally Posted by Kelly

Hello,

I had been in contact with the father many weeks ago and gave him my advise which included contacting parental abduction (PA) experts at NCMEC and going to the state clearinghouse.

We are not PA experts so feel this case is out of our realm and that it was not to us to determine that local LE have wronged him and take or advise action against them.

So, in our case, pointing him to the experts is what what we could do. I truly hope that if he has been wronged, this will be reversed.

We, unfortunately, don't have the manpower and training in PA cases to do more than that on that case.

Thanks,
Kelly

Thank you for replying Kelly. I missed this yesterday.

[Cubby]

Originally Posted by believe09

Hi, guys-I left a second message with the detective in charge of missing persons. I explained that I was trying to "vet" Michael's story and would appreciate his input as soon as possible.

Can someone PM me the names of the two detectives/police officers who have been passing the case back and forth between them? I can call them today as well....I am an objective 3rd party who takes meticulous notes, so if they are making spurious allegations, I can make a record of it.

Still on the fence, but willing to be wrong!!

I have the names but not the spelling. Will pm them to you.

[Vask]

If you just google the child's full name ( Emily Nialyn Manion Machado ) you'll find a TON of links on her, one of which has the father finding out the mother fled to Brazil with the child.

I found out from the Center for missing and exploded children that they found flight information. They fled the U.S. and went to Brazil.

http://www.ireport.com/docs/DOC-12999

[Cubby]

Originally Posted by Vask

If you just google the child's full name ( Emily Nialyn Manion Machado ) you'll find a TON of links on her, one of which has the father finding out the mother fled to Brazil with the child.


http://www.ireport.com/docs/DOC-12999

This hasn't been verified. Allegedly Berwyn PD has spoken with the childs mother and has told Mike his daugther is ok.

[barb0301]

Originally Posted by Vask

If you just google the child's full name ( Emily Nialyn Manion Machado ) you'll find a TON of links on her, one of which has the father finding out the mother fled to Brazil with the child.


http://www.ireport.com/docs/DOC-12999

When I spoke to the dad, the info about mom fleeing to Brazil came from NCMEC. They apparently found flight reservations, but could not/would not confirm to him if she actually boarded the flight.

[believe09]

Originally Posted by barb0301

When I spoke to the dad, the info about mom fleeing to Brazil came from NCMEC. They apparently found flight reservations, but could not/would not confirm to him if she actually boarded the flight.

Then the ball has to go into another court-I knew someone in a situation where the child was in danger of an international kidnapping like this-her attorney told her that once the child left the country it would be a long hard impossible road to get the child back.

His best bet would be to go to Brazil after them if he knows where she would have gone-he could contact the American consulate once he gets there and he would need to hire a Brazilian attorney I would think....then he could bring Emily home.

[Vask]

Were they not able to get her location or anything? He has legal right to his daughter. The mother keeping him from her (especially with the court paperwork from the custody hearings) is illegal and she can be arrested for it.

Originally Posted by Cubby

This hasn't been verified. Allegedly Berwyn PD has spoken with the childs mother and has told Mike his daugther is ok.

[Cubby]

I just spoke with my neighbor who is an IL State Trooper. He suggested the following.

1) Mikes attorney contact the Cook County States Attorney's office and let them know what is happing with Berwyn PD regarding non/lack of cooperation with the visitation interference and not taking the missing persons report.

2) Mike contact INS with the custody information and all his paperwork. They should be able to track her passport and see if a passport has been issued for his daughter. They too may be able to pursue the parental kidnapping visitation interference.

hth.

[believe09]

Originally Posted by Cubby

I just spoke with my neighbor who is an IL State Trooper. He suggested the following.

1) Mikes attorney contact the Cook County States Attorney's office and let them know what is happing with Berwyn PD regarding non/lack of cooperation with the visitation interference and not taking the missing persons report.

2) Mike contact INS with the custody information and all his paperwork. They should be able to track her passport and see if a passport has been issued for his daughter. They too may be able to pursue the parental kidnapping visitation interference.

hth.

My bold and italics-I just talked to Berwyn PD for a while. They pulled together a number of criminal complaints regarding Mike's case and took them to the State's Attorney. The State's attorney's office refused to swear out a warrant for the following reasons:
1.) Mom is a citizen of Brazil and child has dual citizenship. They flew to Brazil exactly as it was mentioned in the NCMEC report.
2.) At the time the pair left for Brazil, there was no crime except that Nigla did not call Mike and say that she was leaving so he could try and fight it.
3.) Emily is not missing so no missing person's report is going to be filed with anyone.

Now, 60 days after the fact, Mike was awarded custody of his child even though mom was no longer in the country and neither was the child...a fact that Mike knew. If the court had been apprised of that fact, I wonder if they would have awarded him custody...

In any case, as I suspected, Mike now needs to go to Brazil with his paperwork and try to get Emily back. Which su***.

I was told that Mike has been calling multiple organizations on a daily basis looking for assistance-everyone from the FBI on down in terms of LE says there is not a criminal case here...ironically with the EXCEPTION of Berwyn, PD who at least pushed it up the the State's Attorney.

They made not one single negative statement about Mike...they expressed their sympathy and their own frustration.

[christine2448]

Call David Thelan? Believe, thoughts?

[Cubby]

Originally Posted by believe09

My bold and italics-I just talked to Berwyn PD for a while. They pulled together a number of criminal complaints regarding Mike's case and took them to the State's Attorney. The State's attorney's office refused to swear out a warrant for the following reasons:
1.) Mom is a citizen of Brazil and child has dual citizenship. They flew to Brazil exactly as it was mentioned in the NCMEC report.
2.) At the time the pair left for Brazil, there was no crime except that Nigla did not call Mike and say that she was leaving so he could try and fight it.
3.) Emily is not missing so no missing person's report is going to be filed with anyone.

Now, 60 days after the fact, Mike was awarded custody of his child even though mom was no longer in the country and neither was the child...a fact that Mike knew. If the court had been apprised of that fact, I wonder if they would have awarded him custody...

In any case, as I suspected, Mike now needs to go to Brazil with his paperwork and try to get Emily back. Which su***.

I was told that Mike has been calling multiple organizations on a daily basis looking for assistance-everyone from the FBI on down in terms of LE says there is not a criminal case here...ironically with the EXCEPTION of Berwyn, PD who at least pushed it up the the State's Attorney.

They made not one single negative statement about Mike...they expressed their sympathy and their own frustration.

My bold above. Thank you for checking into this believe. It appears that Mikes option/route with least resistance and best possible outcome is to enforce his visitation or custodial rights through the hague convention. Brazil is a cooperating country with the Hague Convention.

Do we know if Mike has been given contact information for Emily and her mother in Brazil? I would think minimally *if* LE has this info it should be available to Mike as he has parental rights.

It is good to know that Berwyn PD pushed it up to the states attorney level.

[Cubby]

Here is the info for David Thelens organization again:
http://www.findthekids.org/


Here is the info for Karl Hindles site and organization:
http://emilyrosehindle.blogspot.com/

From Karls site:
Frozenheart has now been incorporated in the state of New York and is applying for 501(c)3 status as a non-profit organzation.

Frozenheart's principal mission is to provide practical assistance to parents seeking the return or access to internationally abducted children.

Contact Karl Hindle at frozen@frozenheart.org for more information and how to get involved.




Email Contact

• frozen@frozenheart.org
• hindle.karl@gmail.com

I did not use either of the above emails so maybe that is why I didn't catch him. My suggestion is for Mike to email him directly with the information he has and the info believe09 was able to obtain from Berwyn PD this afternoon. Karl, having been through and still going through this himself with his daughter Emily, is the 'expert' on international parental abduction cases.

[barb0301]

Originally Posted by Kelly

Hello,

I had been in contact with the father many weeks ago and gave him my advise which included contacting parental abduction (PA) experts at NCMEC and going to the state clearinghouse.

We are not PA experts so feel this case is out of our realm and that it was not to us to determine that local LE have wronged him and take or advise action against them.

So, in our case, pointing him to the experts is what what we could do. I truly hope that if he has been wronged, this will be reversed.

We, unfortunately, don't have the manpower and training in PA cases to do more than that on that case.

Thanks,
Kelly

Thank you Kelly !! As always, your help is sooo very much appreciated.

[barb0301]

Originally Posted by Cubby

Here is the info for David Thelens organization again:
http://www.findthekids.org/


Here is the info for Karl Hindles site and organization:
http://emilyrosehindle.blogspot.com/

From Karls site:
Frozenheart has now been incorporated in the state of New York and is applying for 501(c)3 status as a non-profit organzation.

Frozenheart's principal mission is to provide practical assistance to parents seeking the return or access to internationally abducted children.

Contact Karl Hindle at frozen@frozenheart.org for more information and how to get involved.




Email Contact

• frozen@frozenheart.org
• hindle.karl@gmail.com

I did not use either of the above emails so maybe that is why I didn't catch him. My suggestion is for Mike to email him directly with the information he has and the info believe09 was able to obtain from Berwyn PD this afternoon. Karl, having been through and still going through this himself with his daughter Emily, is the 'expert' on international parental abduction cases.

I just sent this to Mike.

Interesting - Mike has pics of Emily and mom in Chicago from Emily's 3rd birthday about 10 days ago. Someone sent them to him that has access to mom's MySpace account. If you have MySpace, you can see them on his MySpace account in the pics section. If not, pm me and I will email them to you.

[believe09]

If she is here, get her served!!!!!!!!!!!!!

[barb0301]

Originally Posted by believe09

If she is here, get her served!!!!!!!!!!!!!

They can't find her !!!!!!!!!!!!!! And LE is telling them she is in Brazil !!!!

She doesn't work, so no employment records. Family has sporadic work history. No funds for PI.

Pics are of her and Emily in Daly Plaza.

[Cubby]

Originally Posted by barb0301

They can't find her !!!!!!!!!!!!!! And LE is telling them she is in Brazil !!!!

She doesn't work, so no employment records. Family has sporadic work history. No funds for PI.

Pics are of her and Emily in Daly Plaza.

Then he needs to print the pictures and bring them to LE. Can the date be verified? -or- he needs to pass the myspace info to LE so they can prove she has not left for brazil and is accesing myspace locally. Does she have a DL? Does he have the license plate number of any of the family's car? Something has to be in her name or the families name.

Did he try contacting Thelen or Karl Hindle? He needs to contact someone who is familiar with this... Karl and Thelen know each other well. I'd try Thelen first... another friend of mine mentioned she could not get in contact with Karl either.... and he had a few rough months of it when he flew in from England, was here in the states a month and still did not get to see his daughter. Thelens organization does assist with some funding.

Tell Mike to get off his hmpf and get reading here! This is public now and not in the members only area.... so he need to get here!

[barb0301]

Thanks Cubby. I passed all of these suggestions on to Mike. He was trying to contact Thelen and Mark Hindle tonight. He was also going to be in contact with the 2nd attorney he was trying to retain 1st thing in the morning.

He has been at his sister's house for the past 2 weeks. He has to return to his home and to work in Berwyn tomorrow, so will be somewhat out of touch. I have his home address, but his cell phone has now been cut off. He's cut himself down to the bare minimum, including no internet access and put all his $ into legal fees. I'll be talking to him in the morning and try to get your other questions answered.

I don't think the date of the pics can be "officially" verified without the camera, or something in the pic with a date, etc. I have looked at the pics, and though I don't know Chicago or Daly Plaza, they look like they are authentic as far as location to me. But again, I'm not an expert on the area . Date is another question. They were posted as "Emily's 3rd birthday" by mom in her MySpace according to whoever sent them to Mike. Emily's 3rd birthday was 8/24.

[Cubby]

Originally Posted by barb0301

Thanks Cubby. I passed all of these suggestions on to Mike. He was trying to contact Thelen and Mark Hindle tonight. He was also going to be in contact with the 2nd attorney he was trying to retain 1st thing in the morning.

He has been at his sister's house for the past 2 weeks. He has to return to his home and to work in Berwyn tomorrow, so will be somewhat out of touch. I have his home address, but his cell phone has now been cut off. He's cut himself down to the bare minimum, including no internet access and put all his $ into legal fees. I'll be talking to him in the morning and try to get your other questions answered.

I don't think the date of the pics can be "officially" verified without the camera, or something in the pic with a date, etc. I have looked at the pics, and though I don't know Chicago or Daly Plaza, they look like they are authentic as far as location to me. But again, I'm not an expert on the area . Date is another question. They were posted as "Emily's 3rd birthday" by mom in her MySpace according to whoever sent them to Mike. Emily's 3rd birthday was 8/24.

It's been decades since I've been to Daley Plaza. But March weather in Chicago and August weather in Chicago can easily be verified... there is a place online somewhere.. I'd have to dig for it again. It has all the daily highs and lows, and weather for almost every city for years and years... we could see if the weather matched the pics.....

If she is here and made it look like she left, which is quite possible, we need some evidence for LE to prove she is still in Cook County.
So someone sent them to Mike?
Did he see them on her myspace? I lock up too often opening myspace pages to check.

Mike can access the internet at the library... I've also heard some Walmarts have free internet but I don't know if that is available in IL. If he is in college he should have access from school.

[Cubby]

I understand how Mike feels...
When I went through my CS case and got the run around I had no previous experience in court other than traffic court. You go in, do whatever, pay the fine and do the traffic school and the ticket doesn't count. I was so incredibly niave... I honestly thought going in and telling the truth everything would work itself out. Oh boy, did I find out how wrong I was.....

I know what it feels like to continously feel like you are walking in circles and circles of doors and each one is another slam in your face... I know what its' like to pull all nighters sometimes several nights a week researching law.... having all the right stats and still having been told no. It's hard....

It was not until I found an advocacy group who not only told me what to do, they gave me the means HOW to do it.... and it was still very very tough.

I am more than happy to help Mike and point him in the direction of how to and what to. I'm not fantastic at sleuthing... I can't find many things others here can and do seemingly easily, but this is one area I feel I can be of a little more assistance having been on the single parent forums.. for 6+ years... and heard both sides of the issues... IF I don't have the answer I'll do my best to find someone who will take the time to find out.

Mike though, needs to be barking up the right tree.... I don't mean that to be harsh, but hindsite with what I dealt with I can see I spent countless emotional energy wasting far too much time where I shouldn't have and it cost me a lot of money. Money that I can't even think about other than I did it for my son, but if I knew then what I know now I would have made different choices. Choices that would probably have saved me close to the tune of 6 figures... I don't want to see Mike make that same mistake..... So what I mean by this is he has to trust us.... if something doesn't feel right he can ask us... and we will do what we can.... but he has to go with it even if it doesn't feel right but has been verified.

[barb0301]

woo hoo !!

Just got off the phone w/Michael. He is at the PD right now, and they are filing a missing person report !!!!! They are putting it in NCIC. I am supposed to get a case number this evening, as soon as he has it. I will keep you posted. I pray that this actually happens, as it will FINALLY enable Mike to get the help he so desperately needs.

Hope to have an update soon !!

ETA: Talked to Michael again. He left the PD without the police report, but it was due to them "working on getting it into NCIC". He is supposed to return to the PD tomorrow morning and get the report. They told him that it would be in the system at that time. As a follow up, while he was there, he had someone on the phone with him, so they could listen along as he made the report. This person is a family person of currently missing children, so is well aware of what goes in in missing children cases (although it is not a case where a family member is suspected of having the child). He left the PD hopeful and saying that they were very nice to him and he felt good. I'll talk to him again in the morning.