WA WA - Sky Metalwala, 2, Bellevue, 6 Nov 2011 - #17

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I, too, believe 'something' happened while she was at the mediation and left her two babies alone! :banghead: WHO does that??!! She DID admit that, right?!

Yes, according to Solomon's lawyer, Clay Terry, Julia admitted to leaving the children unattended during the mediation (although I believe Sky was no longer there on that day -- I think he had been "missing" for a while at that point). See below (BBM):

"Date: Mon November 21, 2011
The father of a missing 2-year-old , and his attorney, Clay Terry, join Ron & Don to talk about the search for his son and his contentious relationship with his ex-wife, who hasn't talked to police since their son went missing.

Q: Is there a parenting plan, and if so, why hasn't this guy over here had access to his children?

Attorney Clay Terry: There was a temporary parenting plan that was set up through a restraining order that we received back in... March of 2011. We had been forced to come to court, by Julia, in a complaint that he had done a bunch of bad acts. First she complained that he had beaten her the year before and, of course, that that was proven untrue and thrown out. Then she filed charges against him that he was going to take the children out of the country and the police came and they dismissed that. She's made several allegations and finally when every allegation failed she went and said well I believe that he went and abused the children physically and then she suggested that there may have been sexual abuse. So once we found out about that we went down, we took a polygraph, we passed the polygraph.

CPS did an investigation, they eventually came back and said it was unfounded, it didn't happen. But the court commissioner said that she did not believe him, so she restricted him to see the children only 4 hours a week with a supervisor but conditioned upon a number of classes and things that he had to take that were very expensive and time-consuming. But because he had to pay child support, he had to pay maintainence, and he had to pay her attorney fees with his meager earnings, he couldn't afford to take the time, he was working 70 hours a week. So he had to use the money that he was making to pay, and the time, and he couldn't go to all the classes and take all those preconditions so we decided to wait for trial. And then on Nov.1, two weeks before the trial, we went into a mediation. We spent 11 ½ hours we finished after midnight on the 2nd. She signed a parenting agreement with us. We came up with a parenting plan. And then on Friday, two days later, we received a letter from her lawyer saying she's repudiating it, saying she didn't want it and on Sunday the baby was missing.

... a mediation with 4 small, minor items to discuss took 11 ½ hours. ...7 hours was to arrange a time where he could get visitation with the children. She did not want him to have visitation with the children and she put up a block to do it. She wanted to put enormous restrictions on him; and finally, I understand, when she did make the agreement with him it was not what we wanted, but it was a start and he's get to see the children again, so we agreed with it. It was only 2 days later that she decided she wanted to repudiate that agreement. She didn't want him to have that visitation schedule.

Q: Solomon, where were your kids for those 11 ½ hours while you and Julia were signing this plan?

Q: Clay--Has anyone come forward yet and said “I was watching those kids for 11 ½ hours while these guys were in mediation?
A: No, Don, in fact, she admitted she left the children alone that entire time.

Q: We've heard reports that she's been hospitalized three times for her OCD condition. Is that true?
Clay: Yes, and this is very severe. This is not something that's just a minor, she was able to convince a court commissioner that she was healed but she was not. She has OCD, she's been diagnosed as depressed and also with bipolar. And it's a bad combination, and it's a bad combination for someone who has a child. Who is compulsive to the nth degree, which she is."

I would like to know, however, if JS ever watched those kids. Mediation day or otherwise....

And, can I say it once again: Julia ADMITTED to leaving M alone for 11.5 hours (plus travel time, folks). Can't they charge her with that?!?! It has NOTHING to do with Sky's case. Nothing at all. Completely separate crime. No double jeopardy. Just charge her. Be done with it. Charges for Sky can come later.
 
Yes, according to Solomon's lawyer, Clay Terry, Julia admitted to leaving the children unattended during the mediation (although I believe Sky was no longer there on that day -- I think he had been "missing" for a while at that point). See below (BBM):



I would like to know, however, if JS ever watched those kids. Mediation day or otherwise....

And, can I say it once again: Julia ADMITTED to leaving M alone for 11.5 hours (plus travel time, folks). Can't they charge her with that?!?! It has NOTHING to do with Sky's case. Nothing at all. Completely separate crime. No double jeopardy. Just charge her. Be done with it. Charges for Sky can come later.
Is it possible that they could be building a case for this, but need more evidence or something? Maybe they're waiting until M tells more about what JB did to her?

I look at it this way...what if Sky is never found? I hate to even type that, but there doesn't seem to be enough evidence against her without finding him. There might be nothing to charge her with regarding Sky, so the case against her for neglecting M should be as strong as they can possibly make it.

That's what I'm hoping at least. Justice for Sky, somehow. Soon.
 
Piney94 ~ Here's more JB quotes. I hope they help!

** A "suicidal" text message JB sent to SM: “Please, please I’m begging with my whole heart help me find a peaceful way to die. I cannot live ANOTHER day and cause you, M**** and Sky anymore suffering. I’m dead inside anyway and have been dead for a long time. You will not miss me at all and M**** and Sky have the best daddy in the world so I know they will be okay …”

Sky is listed last – he is the least important. JB is the most important (in her eyes).


** “I learned about the extent of our debt from my husband when we were six months behind on paying our two mortgages, utilities, credit cards and all other bills,” she said in court documents. “This is the time when my husband’s anger and his true character began to show.”

I don’t get it – Julia learned about the extent of their debt…and were six months behind on bills. Why would SM then get angry? If she learned about it (after six months), wouldn’t Solomon have been hiding it? Why would he be angry?


** Her first psychiatrist put Biryukova on anti-depressants during her pregnancy with Sky, despite her objections. In court documents, Biryukova argued that her psychiatrist had a “history of prescribing powerful psychiatric medications to people who do not require them.”

Well, a psychiatrist can prescribe meds – but the patient doesn’t have to take ‘em. It is a blaming technique of JB’s – not taking responsibility for her actions. Also, setting a defense for psych issues.


** In court records filed on Sept. 23, 2010, Julia declares: “I do not suffer from severe OCD and I never have.”

Note – she doesn’t deny suffering from OCD, only severe OCD.

** “Now, my fear is for my small children. And now Solomon is doing the same thing to our small children that he did to me, physically abuse them and try to control them,” said Biryukova in court documents.

Note – JB uses the word “now” in two places. She uses this as if these problems are just beginning to occur, as opposed to the past. She uses the word “small” (previous commented on) as a way to manipulate for sympathy from the court. What does “physically abuse” mean? Spank? Finally, the word “try” means not succeeding. SM can not control the children. Is this why he gets mad? Does JB have a problem with this?


** (I'm personally fascinated by this one, it's so over-the-top): She posted on her Facebook: “Justice was served today. I am the PRIMARY PARENT for my babies! Hallelujah! My babies are happy and I am HAPPY! Thank you Veronica Freitas!” on Sept. 22, 2010.


When JB talks about “Justice” being served, she talks as though it was a formal trial – very matter of fact. “Primary Parent?” Again – this shows distance and lacks emotion. Though the children are not infants, JB sees them as “babies” she refers to this term twice. Note the difference in writing the word “happy.” She capitalizes the “happy” that is connected to her, as if to convince the world (and herself) that she is happy.

** And another quote from JB's mother, NB: “Neither your husband nor I would like for you to live with us at your current conditions … All of us (your children including) are suffering from your abuse," the documents continue. But her mother would later state that Solomon “little by little, he convinced me that my daughter was sick.”

JB burned her bridges all around, didn’t she?

http://www.kirklandreporter.com/news/134429073.html

I have added my comments in bold underneath the comments from JB - thanks to Rougelatete for digging these up.
 

GRRRR. :banghead:

At least there is this,

"She is a very smart little girl. She has seen a lot, and everything she does say, it goes right to the Bellevue Police Department," said Metalwala.

~~

Terry said he does not know of Biryukova's whereabouts currently, however, he said police told him this week they know where she is.
 
Missing boy's mom a no-show for custody hearing

http://www.komonews.com/news/local/Missing-boys-mom-a-no-show-for-custody-hearing-142094943.html

komonews.com said:
Four months after she reported that her little boy had vanished from his car seat, the mother of missing toddler Sky Metalwala once again failed to show up for a court hearing over custody of her children.

And now the judge in the case has set a March 30 deadline for Julia Biryukova to submit a parenting plan, or else the boy's father, Solomon Metalwala, will likely be granted full custody of Sky - if he's ever found - along with the boy's 5-year-old sister Maile.
 
And now the judge in the case has set a March 30 deadline for Julia Biryukova to submit a parenting plan, or else the boy's father, Solomon Metalwala, will likely be granted full custody of Sky - if he's ever found - along with the boy's 5-year-old sister Maile.

In the meantime, Terry said, he has confirmed that Biryukova is still living in the Puget Sound area - but he doesn't know exactly where.
http://www.komonews.com/news/local/Missing-boys-mom-a-no-show-for-custody-hearing-142094943.html
 
So....since JB was a no-show, they just gave her a few more weeks instead of going ahead with an order to keep M with Solomon?

Why are they coddling her?

What I do know is that tomorrow is JB's birthday and we know how much she didn't want to turn 30. I would be willing to bet that her birthday is the only thing on her mind. She doesn't care about what she did to Sky...she doesn't care about seeing MM (thank God).....the only thing that matters to her now is that she's turning 30 because all that she cares about is herself.

I wonder what the birthday plans are this year...Salty's again?
 
So....since JB was a no-show, they just gave her a few more weeks instead of going ahead with an order to keep M with Solomon?

Why are they coddling her?

What I do know is that tomorrow is JB's birthday and we know how much she didn't want to turn 30. I would be willing to bet that her birthday is the only thing on her mind. She doesn't care about what she did to Sky...she doesn't care about seeing MM (thank God).....the only thing that matters to her now is that she's turning 30 because all that she cares about is herself.

I wonder what the birthday plans are this year...Salty's again?

BBM: I, for one, would be interested to know that too. WHY, FGS?
 
You guys are right - there is hardly anything to go on as far as JB's words on the Internet.

Here is a snippet, I believe from her protection order. I have underlined the key points in this statement and will comment afterward:

"He became furious like I have never seen him before, he grabbed me by my hair in front of our daughter, dragged me into our hallway, threw me down on the floor and then threw me against a decorative column we have in the entrance of our home. He continued to assault me with his feet – by kicking me and then he took out his car keys and contrived to scratch me in any area he could. The most, most recent have been his threats to kill me if I say anything against him or if in any way I proceed with action of seeking custody of our two small children. I live in constant fear for my life and my children’s life. Please investigate and help me

JB starts the statement with "he" and continues to use "he" rather than "Solomon." This shows distance and it is appropriately used. Pronouns are key in statement analysis, so when JB uses "our" instead of the "my" it goes along with the separation that a pending divorce has brought. She uses "our" later on as well. When JB talks about the decorative column, she is using extra words that she doesn't need to use. In statement analysis, the shortest sentence is the best sentence, so why go through the trouble of listing the specifics of where Solomon threw her? Probably for the effect and dramatization factor. She uses the word "kicking," which is inappropriate in statement analysis work because it is present tense - which comes in the middle of a past tense statement. This shows an alteration in reality. So it was either a deceptive claim or one that didn't happen the way she is saying it. I don't know if JB has a problem with her English usage, but she has unique terms, such as "contrived to scratch me..." It doesn't make sense - did Solomon actually tell her "I'm going to scratch you in any area on your body that I can!" A very strange description, which I take as deceptive. When a word is replicated like "most, most" it is a way for the speaker (or writer) to attempt to convince, so she repeats the word to make it sound really important. Again, another example of coercion on her part. Adding in excessive words, like "our" two small children, this is meant to add extra fuel to the fire that she is creating. "Small" is a sympathy word - like "defenseless." Finally - it is all about JB. Note who she puts first when she talks about fearing for her life (and her children's). When people list things in their statements, they list the important things in order. She is at the top of her own list. And in the last sentence, when she writes "please help me," what happened to her kids?

The only true way to look at her deceptiveness would be a formal analysis of her interview w/ LE about the events that occurred when Sky went missing. I'm going to try and get in touch w/ the lead investigator to request JB's statement. Does anyone have a direct contact email?

My thoughts about her public image on FB and her "blog"? Bizarre!

On her FaceBook page - she lists her occupation as Full Time Mommy! :) - I am struck by the way she added both an exclamation point and a smile. This tells me that she is NOT happy with this role. She felt as though she needed to add the smile, as if to say "I'm happy" - which is an excessive addition which doesn't need to be made. The exclamation point refers to an emphatic symbol that demands attention - such as in "Help!" Also, JB has her status as "married" - she didn't change that during the separation? Her pictures feature Maile, but there are none of Sky (except for her profile picture). Again, the false front that she has put on to the world. Her info button is odd too. Her movies are all children's movies, she comes off as being very religious (several references to the Bible and Jesus), she is conservative (in written word anyway) - focusing on being a Republican, etc. And then the whole Justin Bieber thing - she writes "He is so pretty," which may be true, but for a woman in her 30s, she has a crush. Finally, she is not very verbose - she keeps her comments really brief, as though she's not comfortable expressing herself.

Her blog - besides the fact that it is really troubling to listen to the kids cry during the parenting exchanges, JB remains nonplussed. And to make a blog about this? Not sure what she was trying to do. There was not a lot to go on with her words in these recordings.

Hi piney94! Thank you for all your hard work on this.

One thing, the court declarations are written by lawyers, not the parties themselves. The use of the term "our children" is by design. It is because judges get very angry when a party refers to the children as "my" children. That indicates that a party views the children as possessions to which the other side has no right.

So when you analyze the court declarations, you are likely analyzing through a filter. Generally, the client gives their story to the lawyer and the lawyer takes the story, omits anything that may look bad, cleans up the language, adds facts that may be important that the attorney may have had to drag out of the client and crafts a compelling declaration.

I describe the process as my clients vomit up a bunch of information and I have to sift through it for what is important and then create a persuasive statement from it.

I think Julia's own statements, i.e., what she wrote in e-mails, on FB, her blog and how she spoke at the custody exchanges are thus much more valuable when trying to analyze her mindset!
 
Piney, I think it is interesting to compare and contrast JB and her mom's public statements.

Piney94 ~ Here's more JB quotes. I hope they help!

** A "suicidal" text message JB sent to SM: “Please, please I’m begging with my whole heart help me find a peaceful way to die. I cannot live ANOTHER day and cause you, M**** and Sky anymore suffering. I’m dead inside anyway and have been dead for a long time. You will not miss me at all and M**** and Sky have the best daddy in the world so I know they will be okay …”

** “I learned about the extent of our debt from my husband when we were six months behind on paying our two mortgages, utilities, credit cards and all other bills,” she said in court documents. “This is the time when my husband’s anger and his true character began to show.”

** Her first psychiatrist put Biryukova on anti-depressants during her pregnancy with Sky, despite her objections. In court documents, Biryukova argued that her psychiatrist had a “history of prescribing powerful psychiatric medications to people who do not require them.”

** In court records filed on Sept. 23, 2010, Julia declares: “I do not suffer from severe OCD and I never have.”

** “Now, my fear is for my small children. And now Solomon is doing the same thing to our small children that he did to me, physically abuse them and try to control them,” said Biryukova in court documents.

** (I'm personally fascinated by this one, it's so over-the-top): She posted on her Facebook: “Justice was served today. I am the PRIMARY PARENT for my babies! Hallelujah! My babies are happy and I am HAPPY! Thank you Veronica Freitas!” on Sept. 22, 2010.

** And another quote from JB's mother, NB: “Neither your husband nor I would like for you to live with us at your current conditions … All of us (your children including) are suffering from your abuse," the documents continue. But her mother would later state that Solomon “little by little, he convinced me that my daughter was sick.”

http://www.kirklandreporter.com/news/134429073.html

“I’ve been interviewed by the FBI twice and if I knew something I would tell them, but I don’t. I just want the media to leave me alone,” 56-year old Biryukova said in tears.

“No. I don't want to talk to anyone, especially a news reporter whom I’ve never met. I must be losing my mind talking to you now - I'm not sure if that is wise of me to do... Never in my life I was involved with any kind of media and was totally indifferent to their existence, but I have come to hate those people now - they literally have been sleeping under my door... I want to disappear from the face of the earth”, Biryukova e-mailed.

~~

Nadia further wrote, “Here is just something to start with: my ex, brutally betrayed me for a young prostitute after 18 years of marriage. Shortly after we came to US with our two children, Julia 13 and Stanley 2 years old at the time, he decided to go back for more fun with his prostitute leaving me in the foreign land with our two children, without any relatives, friends and/or support of any kind. Although I was highly educated (I have MBA) and held a successful career back home in the Ukraine, I didn't know one word and/or letter in English at the time. It was most devastating, before the current one, time in my life! If the betrayal itself wasn't hard enough, the immigration, adjustment to new culture and language almost killed me... If I saw a light at the end of my tunnel it was an upcoming train! I suddenly realized that I was deaf, dumb, stupid, handicapped and basically good for nothing, but too ambitions to sweep the streets or wash someone else's toilets. I’ve been to hell and back! The only good outcome of the journey was the fact that I met Jesus on the way! I started learning the English alphabet in ESL (English as second language) classes and ended up with accounting degree and have been non-stop working ever since. I never took a vacation. I'm one dumb workaholic, who lives to work. I'm getting so sick of it and want to give up. My ex's brutal betrayal left me with hate for men up to now. I didn't have a man in my life ever since our divorce (15+ years ago) not necessary because I'm ugly, but because I didn't allow one to came close to me, although there were a few who tried."

Nadia has asked that “Little Sky” be kept in people’s prayers for his safe return.

More at link: http://www.thenewtakhoman.com/111411.html
 
Yes, according to Solomon's lawyer, Clay Terry, Julia admitted to leaving the children unattended during the mediation (although I believe Sky was no longer there on that day -- I think he had been "missing" for a while at that point). See below (BBM):



I would like to know, however, if JS ever watched those kids. Mediation day or otherwise....

And, can I say it once again: Julia ADMITTED to leaving M alone for 11.5 hours (plus travel time, folks). Can't they charge her with that?!?! It has NOTHING to do with Sky's case. Nothing at all. Completely separate crime. No double jeopardy. Just charge her. Be done with it. Charges for Sky can come later.

BBM - In Washington, a child abuse/neglect allegation has to directly relate to evidence of "harm to a child". Since no-one made a referral that these children were left unattended at the time (no one caught her), and we have no "evidence" of how the children were harmed. If little Sky was found deceased and there is undisputable evidence of him being significantly malnourished - then the State could have a "founded allegation" of child abuse and there could be a separate process for criminal charges brought through LE. The only reason they would be able to confirm that JB is the perpetrator of the longterm neglect as she had care/custody/control of the children for the year prior - SM did not have visitation rights. Hope I am making sense of this.
 
BBM - In Washington, a child abuse/neglect allegation has to directly relate to evidence of "harm to a child". Since no-one made a referral that these children were left unattended at the time (no one caught her), and we have no "evidence" of how the children were harmed. If little Sky was found deceased and there is undisputable evidence of him being significantly malnourished - then the State could have a "founded allegation" of child abuse and there could be a separate process for criminal charges brought through LE. The only reason they would be able to confirm that JB is the perpetrator of the longterm neglect as she had care/custody/control of the children for the year prior - SM did not have visitation rights. Hope I am making sense of this.

Sadly, what this law says is that it is ok to abuse or neglect a child until that child comes to harm!!!!

Whaaaa????

So a person can chronically abuse a child and not be prosecuted for such until there is a death or injury. Ok. So much for protecting our children. Why even have the laws then? Why not just have "suggestions". Sorry, feeling pretty disgusted.
 
Sadly, what this law says is that it is ok to abuse or neglect a child until that child comes to harm!!!!

Whaaaa????

So a person can chronically abuse a child and not be prosecuted for such until there is a death or injury. Ok. So much for protecting our children. Why even have the laws then? Why not just have "suggestions". Sorry, feeling pretty disgusted.

Yes . . . sick as that sounds Washington is an "imminent harm" State, in which the allegations of Child Abuse and/or Neglect standard that must be met is such that the child will be harmed if intervention is not attempted.

There are varying degrees of this but for an example . . . if a Parent is doing drugs, you must show that there is a direct link to harm to the child. (ie: needles in the home where children have access, parent passed out and child escapes the home and found wandering, Registered Sex Offenders having access to the home with children, child started a fire while parent passed out or partying, etc). Just because a parent is using drugs, it does not mean that the child is going to be harmed. There must be a direct link to abuse and/or neglect to a child, in order for the allegation to be screened in to be investigated.
 
Thank heavens we got a little update of information. I guess at this point anything is better than nothing! I knew Julia wasn't going to show for the hearing.

Thanks Piney for your hard work. It's very interesting to read your findings.

It's good to see a bunch of people back on Sky's thread. I think it's safe to say that we are not going to forget about him!
 
Yes . . . sick as that sounds Washington is an "imminent harm" State, in which the allegations of Child Abuse and/or Neglect standard that must be met is such that the child will be harmed if intervention is not attempted.

There are varying degrees of this but for an example . . . if a Parent is doing drugs, you must show that there is a direct link to harm to the child. (ie: needles in the home where children have access, parent passed out and child escapes the home and found wandering, Registered Sex Offenders having access to the home with children, child started a fire while parent passed out or partying, etc). Just because a parent is using drugs, it does not mean that the child is going to be harmed. There must be a direct link to abuse and/or neglect to a child, in order for the allegation to be screened in to be investigated.

Thanks. I guess leaving preschool age children alone for extended periods of time would not necessarily equate to "imminent harm" then? :what:
 
Thank heavens we got a little update of information. I guess at this point anything is better than nothing! I knew Julia wasn't going to show for the hearing.

Thanks Piney for your hard work. It's very interesting to read your findings.

It's good to see a bunch of people back on Sky's thread. I think it's safe to say that we are not going to forget about him!

Never EVER will forget little Sky and will always walk a living prayer for his father and sister, too. :heart:
 
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