the promise

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persecution of iowa gold star family by crooked conservator

Submitted: February 03, 2017

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Submitted: February 03, 2017

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The Promise

 

We are the proud parents of Sgt. Casey The Byers KIA on June 11, 2005 and Spc. Justin Paul Byers killed in a truck accident on June 20, 2005. We are Bill and Ann Byers who are legal guardians of Casey's fallen heroes child who is Hailey Byers. We are in desperate need of assistance in how to handle a legal matter concerning Hailey. I would like to provide you a time line to help explain our situation.

 

1} After Casey's death a $100,000 death gratuity was given to Amanda Porter who is the mother of Hailey Byers. VA guidelines states that this gratuity should go first to Casey's wife, Amanda and Casey were not married. 2nd to the child if over 18, she was only 5 months old, and 3rd to the biological parents. This being Bill and I. This was not followed but luckily VA had enough sense to know Amanda could not be trusted with this money so it was placed in with Nevada State Bank in a conservator account. Sadly they placed Amanda and her mother as payee's of this account. Both people within months were able to steal $42,000 out of her account. Story County Court held a hearing taking the conservator role away from the original bank and placed it with Boone bank and Trust with Representative Chip Baltimore. All but $16,000 was recovered. At this hearing VA was not present nor were Bill and I notified. It should have went to us.

 

2} It is Iowa Law 633.615 Secretary of veterans affairs-party in interest that states that no changes can be made of any kind to the conservator account without VA being given 15 days notice to the hearing and VA must be present. This was not done so due process was violated and technically they are illegal conservators. They continue to make changes and still no VA present.

 

3} Bill and I have been the legal payee for Hailey's VA and social security monthly allotments for years. In the 11 years that this money has been in a conservator account neither Bank has contacted us in 11 years. Not one phone call, not one letter, not one birthday or xmas card, not one time did anyone ask if we needed anything, is she dead or alive, is her needs being met? Not once were we notified to explain the role, expectations, the duties of a conservator or what our role was. We did not even get her yearly growth report. However they continued to send Amanda this report even after her rights were removed and they sent it to her in prison. We requested in 2012 that we be given a report of her yearly growth report. Since then we did receive this.

 

4} In June of 2015 I contacted the secretary for Representative Chip Baltimore to ask for assistance for Hailey to go to a Catholic school. This was the first contact of any kind we have had for 10 years. It was granted.

 

5} The secretary for the conservator e-mailed us questioning us on funds that Hailey may be receiving. IRS questioned them. We complied and provided them this information. Skip Baltimore called and set up a time to come to our home. We complied. At this meeting he explained that we were not to have been the payee for Hailey's monthly allotment funds. He reported he did not want to make it a receipts issue and did not want to point fingers at who was at fault. He explained that he had misfiled yearly reports to the court and IRS and was trying to correct them. In September of 2016 a motion was filed stating what Hailey received monthly from VA and SS. In October a hearing was held that stated we took it upon our selves to be made payee and that we withheld funds from them. They stated they had no idesa on what Hailey was receiving. Lets not point fingers my eye. First we were told that the conservator was in charge of Hailey's death gratuity account which she would get when she was 18. Bill and I were responsible for taking care of her everyday needs and living expenses. No one said anything about us not being payee. Never once did anyone say they should receive the money. I am not an attorney, I am not the conservator being paid by Hailey to manage her account. I do not know the law and whose responsibility is it to manage her account and to ask questions. Who does not know that when a parent is killed in active duty that SS and VA benefits would not follow. If in fact they believed we were not given any funds to raise her then double shame on them. They never once asked if Hailey needed anything in 11 years.

 

6} This is where we need assistance. A hearing was held in October that consisted of the same Judge who is always present whenever funds are being taken from Hailey for fees and Hailey's guardian At Litem, Ben Doran, the conservator, Chip Baltimore, and the conservator's attorney, Ben Doran. So at this hearing the only ones present were the Judge, the conservator, and 1 attorney for both sides. This was a hearing to take our payee rights away. Bill and I nor our attorney were not notified by the court to attend, violation of due process, VA was not present which it is law they need to be present, another violation of due process, but the most blatant abuse of due process is Ben Doran plays attorney for both sides of the coin. Can you spell conflict of interest. The saddest part of this is that the judge saw no problem in this and granted them their request and ordered our payee rights to be terminated.

 

7} This injustice needs to be addressed. I have contacted every agency I can think of to help with this injustice. All say it is a civil matter and they can do nothing. I have tried to contact our congressman but all say it is a civil matter and can not help. Steve King was the only one who at least looked into it. The conservator continues to place blame on us for withholding these funds from them. It is not my job to ask questions it was his job to make sure he was managing Hailey's account but to do that they would have to invest sometime in talking with us. VA and military agencies say they are investigating the matter but nothing gets done. I have talked to Judges who say the court and judge can do as they do as no one overlooks them. I can not believe this. We have due process and laws for a reason. I need media attention to get this story out. Steve King did speak with Chip Baltimore and at least Ben Doran has stepped down from being Hailey's Guardian At Litem and they did send her her first birthday card this year. This does not change the fact or results of the illegal hearing. Our attorney is trying to fight for us but our hearing is not until late May.

 

8} Explain why Bill and I can not be conservator of Hailey's account as we are the ones according to VA guidelines who should have it. In 11 years we have only utilized this account once for $3000 to help with tuition to a Catholic School. Over the 11 years Hailey lost $42.000 but when done she got all back but $16,000 plus the fees they charged her account to mismanage it. Then second bank comes into play, they also mismanaged her account by not explaining what their role is, what our role was, and now Hailey is going to be charged how much more money in fees to pay for the service of the conservator to make his reports right to the court and IRS. This should not fall on Hailey. The mistake was theirs not hers or ours. The worst mismanagement comes into play when you look over the years how much money Hailey has paid her Gurardian At Litem for legal representation. He was also billing Boone Bank and Trust for legal fees. Would not surprise me Hailey also paid. It should be noted that Chip Baltimore and Ben Doran were Law partners before his position as Trust Officer. Definite conflict of interest again. It stands now that the conservators are payees for Hailey's monthly allotment checks but yet it is our job to make sure her needs are met. They have no clue what her needs are or who she is. These are the same people who have not had any contact with us in 11 years. Bill and I have only used her account once, we will not charge her to manage it, and we know and care about her needs. I will have our attorney file the yearly court reports and pay an accountant to file her taxes. I will not make money off her account or mismanage it. I will make sure guidelines are followed and presented to us. Hailey's account has lost thousand and thousands of dollars to people who do not care about her they want to make a profit off her fees.

 

Casey died for our country so that we can have the freedoms we do. It is sad that I guess this also gives Conservators and the court system the right to violate due process on all levels and abuse the funds that was given to her because of his sacrifice. This is a scenario that one would see on TV not real life. Included in this report is court documentation and information pertaining to events leading up to this.

 

Thank you for your time,

Bill and Ann Byers

abbyers_103 @yahoo,com

712-341-0646 Ann

712-230-0526 Bill

Thank you for taking the time to Read our Story. We are Ann and Bill Byers, Gold Star Parents from LeMars Iowa. Our first son, Sgt Casey Byers, was killed in Action on June 11, 2005. Casey joined the Iowa National Guard when he was a Junior in High School. In late 2004 Casey received orders that he was be going to Iraq.He arrived in Iraq in early January. In late January we received a letter in the mail which was a birth announcement with the name of Hailey Marie Byers. Apparently the mother who's name was Amanda Porter sent it to us. She was one of Casey's roommate. We had met her when Casey was living in the apartment. We contacted Casey and he explained that he didn't know how to tell us and thought that we would react bably. We explained to him that we were not too happy about the way it happened but it was time for him to step us and accept responsibility which he had every intention of doing. He explained to us that he didn't want a relationship with Amanda, but that didn't change the fact that he very much wanted to be a father to Hailey. So we reached out to Amanda, got to know her and soon realized what Casey was talking about. During this time we took care of Hailey while Amanda floated from one place to another. She would take Hailey for periods of time, then bring her back to us which we didn't mind at all. Prior to going to Iraq Casey confided to Ann that he didn't think that he was going to return home and made her make a promise to her concerning ten things that she was suppose to do if he didn't come home. Myself, not knowing this at the time learned of it later. The first thing on Casey's list was, “Always keep my daughter safe.” Also he knew that if he didn't make it back that he wanted us to use the money that Hailey would receive to show her the world, and give her the best opportunities that were possible. He remembered that when he was growing up, how many times we did without to give our children a better life. He talked about the big water cooler jug, which we would put all of our change and extra money in so that we could take him, and his brother and sister on a great vacation every year. He stated how these were the best years of his life. I am asking now that you please refer to an article entitled Des Moines Register/Valor which will explain much of what I have just written about the promises his mother made. Please read the whole thing as the article is very detailed concerning the promises that were made. On June 11th 2005 we received a knock at out door. When we opened the door we saw our Pastor and three miltary in Uniform standing there. They really didnt have to say a thing, we knew. Prior to going on his last mission, Casey had called his mother, to remind her of the promises she had made to him. This too is documented in the Des Moines/Valor article. So we began to prepare for a funeral. It took eight days to get Casey back from Iraq because he was blown up in Humvie and because of Hailey they had to do DNA testing. We received Caseys body back the following Sunday. We Also had another Son, Justin who at the time of Caseys death was home from college and was preparing himself to be sent to Iraq in a matter of weeks with the Iowa Army Reserves Unit. On Monday the night before Caseys wake he was also killed in an Auto accident. So Tuesday we had Casey's wake, Wednesday we had Caseys funeral, Thursday we had a day off, Friday we had Justin's wake, and Saturday we had Justin's funeral. Justin asked if Casey could be buryed in Arlington National Cemetary. He was the first souldier from Iowa to be killed in Iraq to be given that honor. Since Casey wasn't married and there is room for the souldier and wife we wanted to bury both our sons together. But they said we couldn't. So I contacted Rep Steve King from Iowa and asked for his help simply stating that Casey had no spouse and that if we could not bury our sons together that they would never use it for anyone. It took alittle time but alittle over a month later they called us and said they had a date for us. We still were alittle unsure if we were doing the right thing or not. But when they told us the day we were convinced that we were doing the right thing. The date that they gave us was Aug 3rd, which would have been Casey's 23rd birthday. What better present could we give him then his brother. We eventially got to know Amanda and soon found out what Casey was talking about. It just wasn't the same in the the town where we lived so the next spring we decided to sell our acreage and travel, which is what Casey wanted us to do. We had been taking care of Hailey for about 90% of the time. Amanda would pop in here and there, sometimes would take here for a few days but then would bring here back, which we didnt mind because that way we know Hailey was safe. After we sold our house we invited Amanda to go with us, that way we could make sure that Hailey was being taken care of. So for the next 18 months we would spend our time in Texas, and during the summer would come back to Iowa. We had purchased a small cabin on the Missouri River and would stay there during the summer which was close to our daughter Jennifer and our grandchild Jaycee. During those 18 months we learned a lot about Amanda. She had more then one personality portraid much of the instincts of a phycopath. Ann and I had alittle background in this as when we met we were both working at the Iowa Security Medical Facility in Iowa City Ia as Mental Health Officers. We assisted in Security and treatment of individuals within the Iowa Prison System. After 18 months with Amanda while we were spending our summer at our cabin we informed Amanda that we were going back to Texas again in the summer, and that we offered to purchase her a house, pay all the utilities, but she would have to get a job to contribute some support to Hailey. We were convinced that Amanda would have sat on our couch watching TV for the rest of her life if we had let her. She looked at us, said, “I'm not working” and proceeded to call her mother, whom she had not seen or spoken to in 18 months. Her mother picked her up the next day and they were gone. After not hearing anything from Amanda for quit sometime and learning that she was no longer living with her mother, we decided to go to Iowa and look for her. We had learned what town she lived in and hoped that we could find her. We drove around for days, hoping that we would see the car that her and a new boyfriend were driving, or just taking out the garbage or something. We had initiated a wellfair check with the local Police Dept so they knew what we were doing. After a good day of driving around with no luck Ann asked me to take her back to the motel because she was tired. So I took her back and then told her that I was going to drive around somemore. After awhile I too became discouraged, and decided to go back to the motel. Ann had just woken up and I told her that I was going to take a nap. During my nap I had a dream. Casey said to me, “Dad, go to the sheriff's dept”. That was it. I got up from my nap, told Ann that I was going to drive around some more and headed for the Story County Sheriff's Dept. When I got there the clerk approached me and I introduced myself, and informed her what we were trying to accomplish. She left, came back shortly and said, “We arrested Amanda's boyfriend last night for 3rd degree theft, Boone county had a warrant out for him so they picked him up this morning, here is his address. So I thanked her, and left and headed for the Nevada, Ia Police Dept. Because we were doing a welfare check I had to inform them. When I arrived at the address with the officer we knocked on the door. Amanda opened the door, and Hailey imediately walked around her. Hailey had a big black eye and red welts all down her arms and legs. I looked at the officer, he said go ahead and I left with Hailey and went back to Ann who was elated. We then contacted our Attorney and informed her that we had found Hailey. She advised us that we should take Hailey to the Dept of Human Services the next morning to document the injury's which Hailey endured while she proceed to contact a judge who gave us temporary custody. That act was the beginning of the worst possible thing we could have done. The next day, after receiving custody papers, we headed back to texas to a home we had purchased. After that the rest of the story and what we had to go through is entailed in an article entiled, “Grandparents sidestep DHS in order to protect grandchild “ which I have included for your review. This article cannot be found on the internet any longer and has been completely squashed by the establishment.We did this article because after we were given the custody of Hailey we had her for six months, when we were forced to give her back because Amanda hadn't abused her in 6 months. Of course she didn't, she was living with us in Texas. This action enabled Hailey to witness the Murder of Spencer Corson, son of Amanda's current boyfriend. We firmly are convinced that the Story County Court system has been out to get us because after this article came out, the case was taken away from the Story County Attorney's office and given to the Iowa Attorney Generals office because the Story County Attorney had a personal connection with DHS. So alltoll after the Murder of Spencer Corson it took 18 months to arrest her. Then she spent two years in the county jail, was tried and convicted and sentenced in January of 2012 for First Degree Murder and is now serving a life sentence in Iowa. This concludes some of the history of what we have had to go through just to keep the promises that were made to our son Casey. So thinking that the worst was over and raising Hailey in our home in Lampassas, Tx we decided that it was time for us to move back to Iowa. When we left yrs ago we also had a Daughter, Jennifer, who had one child. But as her life progressed and now has 4 children we decided it was time to move back to Iowa to be closer to the rest of the grandkids. We now live in Lemars, Ia. For the past 10 yrs or so Hailey has been receiving money from Social Security, VA, and department of defense. During all this time we never received any guidelines on how the money was to to be spent from either the VA, Social Security or the Dept of Defense. The only time we ever had any contact from anyone was in 2007 when we were visited by a Dept of Defense Representative.He told us that we were allowed to take 1/3 of all household expenses, rent, utilities, food, etc plus any personal expenses directly related to Hailey. He also told us that we were saving too much money because if we saved it they would assume that we didn't need it and take it away. He informed us that the money that we received was for Hailey's upbringing and the death gratuity which was in a conservtorship until she reaches the age of 18 was for Hailey's future, which made sense to us. In all this time we were never contacted by the current conservator who just happens to be a Republican Congressman, Chip Baltimore, Trust Officer, Boone Bank and Trust, Boone Iowa. Not once did anyone connected with the conservatoreship contact us to ask if Hailey was ok, or if she needed anything, or even send her a birthday card. My wife and I both grew up Catholic, but where we lived in Texas there were no Catholic schools so we contacted the Conservator, Chip Baltimore in July 2015 to request help with the tuition which was over $3000.00. They complied with this and Hailey spent a year at the school but now attends the public school. The religion part was just too difficult for her. Perhaps if she had been able to start in kindergarden it would have been different. So in around September of 2015 we were contacted by Chip Baltimore. He had apparently received an end of the yrs tax statement from IRS. He asked to come to our home and we said sure. Didn't realize at the time what he was up to. When he came he didn't come to see Hailey, because he came in the middle of the day, while Hailey was in School. And he also failed to inform our present Attorney of his intentions. During this meeting we were totally honest with him telling him exactly what benefits Hailey received each month. Then in October we received a call from our previous attorney, Angela Campbell of Des Moines asking if we knew about the upcomming hearing scheduled for the end of October. I showed up at the hearing which they were very surprised to see me there. I sat on the right side of the court room and Chip Baltimore and his Attorney Ben Doran sat on the left. It should be noted that prior to becoming the Vice President and Conservator at the Boone State Bank Chip Baltimore and Ben Doran had also been partners in the same law firm. I was allowed to read a statement by the judge which I have included. Now while I was there nothing was mentioned about the conservitorship. It was after that I found out that the reason they were there was to have themselves illegally appointed as Hailey's Representative Payee and now have control over all her funds. It is all a matter of dollars and cents with them. They dont give a crap about Hailey and in the past 11 yrs never contacted us once. What they have done is totally not legal. Please see attatchment Iowa Law 633.615 which basicly says that no changes can be made to the conservatorship without the VA being present. The VA has never, never been present from the beginning. The military guidelines plainly state that the “death gratuity” goes to 1. The Spouse, Amanda Porter was not our Son's Spouse. 2.The Child 3.The parents. Yet the death gratuity was initially given to Hailey's mother, who was not Casey's spouse allowing her to steal 42,000.00 out of it within weeks. Another interesting fact that we discovered is that Ben Doran, ex partner and current Attorney representing Chip Baltimore is also listed as Hailey's Guarden Ad Litem. This is truly the biggest conflict of interest that I have ever heard of. How can he represent the conservitorship who is trying to steal Hailey's money, not for Hailey but for their own personal profits and represent Hailey's best interest at the same time. And at the same time they are attempting to blame this whole thing on us. Saying that we were in the wrong for not telling them that Hailey was getting these allotments every month. Well we were told from the beginning that the death gratuity that Hailey received was for her future, which she gets when she turns 18 and the other money was for her which we never questioned, and never asked them for one penny for ourselves. We never received any guidelines from anyone, only received the checks every month. And shouldn't any competant Convervitor know that any child, weather military related or not would at least receive Social Security from the death of a parent. It was not our job to contact them, they were incharge of Hailey's future and we were incharge of the present. Apparently they never thought it was their job to contact us either, to check to see if Hailey needed anything, send her a birthday card, anything...... nothing initiated by them in all the years of them sucking up their profits. Profits is all that they cared about and profits is still all they care about. Apparently they are allowed to take 1% every year from Hailey's account every year as profits. Since our return to Iowa we have only seen one of these, which amounted to about $1500 dollars. But if you take 1500 for the last twelve years thats $18,000.00 that Hailey has had to shell out. And this is on top of all the court fees and other fees that they got from all the illegal hearings that have taken place since the beginning.But they did and still continue to send reports to Hailey's mother, who has no rights and is serving a life prison sentence. They illegally attatched Hailey's money and Illegally had themselves appointed Representative payee. In fact everything that they have done from the very beginning has not been legal and they should have to pay back all of the illegal and absorbant fees that they have collected. You know we lost two sons 9 days apart. One at 22 and the other at 19. What good is it going to do Hailey to have all that money if god forbid she happens to die before then. Is this the way that the parents and daughter of a Man who gave his life for this country is suppose to be treated? If so then it is a sad world that we live in. So we are reaching out for someone to step up and put this nightmare to sleep. All we want to do is fullfill the promises that were made to our son concerning his daughter. Hopefully not to spend thousands of dollars again, like we had to do the first time to keep Hailey safe. Believe me we will do what we have to do to keep those promises to our son, because of the promise and the fact that Hailey is the last of the Byers. We are aware of many grandparents who are raising grandchildren, many of them involved with the military who are having tough times because of the current laws that don't recognize their legitimacy. We hearby give you our permission to use any of this information that we have given you, including releasing it to the news media, which is something that if we cannot get any help that we plan to do anyway. We did it before to keep our granddaughter safe although we failed in that the courts made us give her back which enabled her to witness the murder that will effect her for the rest of her life. I have included copy of the the illegal hearing that have been held since the beginning, because of their failure to not follow the law that the VA had to be present to make any changes what so ever in the conservator ship. And they are still doing exactly what they want without the VA being present. So everything they have done from the beginning to the present is not legal. For your information here is our contact information: Bill and Ann Byers, 18 6th Ave SE, LeMars, Ia. 51031. Ann phone:712-341-0646, Bill phone: 712-230-0526. Updates in the case: 1. Received a Letter from Department of Veterans Affairs out of Milwaukee Wi. Apparently they too are unaware of the Iowa Law 633.615{ concerning changes to the Conservatorship.}. Letter Attatched. 2. Boone Bank and Trust continues to also defy the Iowa Law 633.615. On Action dated 01/16/2016, 01/17/2017, and 01/18/2017 Michael David Tungesvik, also out of Boone Ia has been appointed as the new Attorney for Boone Bank and Trust because Benjamin Doran has withdrawn from being the Attorney for Boone Bank and Trust and apparently from being Hailey's Illegal Gardian Ad Litem also,Tungesvik has filed for Appointment of a new GAL. And the sad thing is that the Story County Court System is allowing them to do this, so they apparently have no idea either about the law or like Boone Bank and Trust don't care. 3. The third surprise of the day was that when I previously had contacted Steve King and informed him of everything that I intended to do and asked him if he could contact Rep Chip Baltimore to see if there were any possible solutions in hope of us not having to spend thousands of dollars again like we had to do to protect Hailey from her mother I included the fact that they had never contacted us in 11 yrs that they have had it, not so much as a birthday card for her. I explained to him that we were not out to distroy anyones reputation we just wanted an end to this nightmare. Well, today we received a birthday card for her, how sweet. I also informed him of the conflict of interest in that Ben Doran was acting as both the Attorney for Chip Baltmore and Hailey's Guardian Ad Litem. Do they really believe that changing all of their mistakes now is going to override all the illegal things they have gotten away with for years. So they continue to do as they please without the Va being present. And evidently, the Story County Court System, The Veterans Administration and Boone Bank and Trust allow this to happen.


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