Broderick v. Arkansas Department of Human Services

358 S.W.3d 909, 2009 Ark. App. 771, 2009 Ark. App. LEXIS 943
CourtCourt of Appeals of Arkansas
DecidedNovember 18, 2009
DocketNo. CA 09-351
StatusPublished
Cited by9 cases

This text of 358 S.W.3d 909 (Broderick v. Arkansas Department of Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Broderick v. Arkansas Department of Human Services, 358 S.W.3d 909, 2009 Ark. App. 771, 2009 Ark. App. LEXIS 943 (Ark. Ct. App. 2009).

Opinion

ROBERT J. GLADWIN, Judge.

|, This appeal is one of three cases decided today that involve children who were taken into emergency custody by DHS from the Tony Alamo Christian Ministries compound in Fouke, Arkansas, in September 2008. Appellant Brian Broderick is the father of two girls, S.B. and A.B., taken into custody and challenges the circuit court’s order adjudicating his daughters dependent-neglected. Judge Joe Griffin heard this case and the one concerning Alphonso Reid’s daughters, A.R. and C.R., at the same hearing. Judge Jim Hudson heard the proceeding concerning Greg Seago’s daughter, V.S. Many witnesses testified at both hearings, and some testimony was consolidated in all three cases. Where possible, we will refer to the evidence discussed at length in the Seago opinion in order to avoid repetition.

Broderick has been a member of the ministry for over twenty-five years. He works for and lives on property used by the ministry. Susan Broderick, the mother of S.B. and A.B., married Broderick in 1989 in the ministry when she was fifteen or sixteen. She left the ministry in early 2008 and is now living in Virginia with her fourteen-year-old daughter, M.B., and her adult son, Nicholas Broderick. Although Susan Broderick was involved in the adjudication proceeding, she has not appealed the adjudication order. The Brodericks’ fifteen-year-old son lives with his father. S.B., who was born December 31, 1995, and A.B., who was born June 17, 1997, lived at Alamo’s residence before they were taken into custody by DHS.

Spencer Ondrisek testified in this hearing and in the Seago hearing. As in the Seago case, he talked about the iron control held by Tony Alamo over the members of the ministry. In both hearings, he testified about being beaten by John Kolbeck when he was twelve; his second beating by Kolbeck in 2006, when his sister, A. O., was also beaten; and a third beating in October 2007. Spencer stated that parents must get permission from Alamo to take their children to the doctor, and that he never saw a parent try to prevent their child from being beaten. He explained that fear played a vital role in keeping everyone under control. He testified that the members of the church were taught that if they left, they would fall into sin; that they could not trust the government, which was the “anti-Christ”; and that they could not go to the government for help. Spencer said that his parents would not speak to him after he left the ministry.

M.B., who also testified at the Seago hearing, testified that she, S.B., A.B., A.R., V.S., B.S., A.T., and M.E. were underage females who lived at Alamo’s house with the adult women who were known to be Alamo’s wives. She said that D.K. moved into Alamo’s house when she was eight, and that S.H. moved there when she was about ten. M.B. said that she saw both D.K. and S.H., who were known as his wives and had wedding rings, go into Alamo’s bedroom and shut the door, staying there for hours. As in the Seago hearing, she described her sexual molestation and threats by Tony Alamo when she was in the shower. She said that she did not tell her parents about the molestation because they would not have believed her over Alamo. As in the Seago hearing, she described her beating by John Kolbeck when she was ten years old, and talked about being forced to participate in a recording with B.S., V.S., and A.R., wherein the underage girls denied having been molested by Alamo. M.B. also testified that she witnessed her sister S.B. being beaten by Michelle Jones, one of Alamo’s wives, with a board, while M.B. was forced to help hold her sister down. Another time, she said, she observed Alamo catch B.S. by the throat and shove her against the wall. She also said that she heard B.S. being beaten by Kolbeck as she screamed that she wanted her mother.

Danny Ondrisek also testified in both hearings. He described his punishment on “diesel therapy” and said that the whole church was placed on a week-long fast when he was eight or nine years old. He stated that, after his sister Alice moved in with Alamo when she was ten or eleven, 'his family’s status improved. His mother received a new Dodge Caravan; his father got an expensive digital camera; they moved into a very large house in Texar-kana; and his parents obtained better jobs in the ministry. He stated, “It is common knowledge that if you move into Tony’s house and you are spending a certain amount of years there you are one of his wives. I mean he definitely doesn’t have boys coming over all the time. It’s only little girls and they usually never move out.”

Alanna Downs also testified in both hearings. She said that her sister Pebbles was one of Alamo’s wives and described seeing several young girls go into Alamo’s bedroom; she saw A.O. go into Alamo’s room and stay for three or four days. She stated that Alamo talked about how beautiful Alice Ondrisek was and referred to her as his wife. As in the Seago hearing, she described her periods of imposed fasting and her physical punishment. She described the beatings of other young girls, including A.O., and Kolbeck’s beating of Danny and Spencer Ondrisek. She testified that, when they were tipped off about an upcoming raid, the younger girls who were Alamo’s wives were sent out of Alamo’s residence, and that she observed some pictures of his underage wives being removed from his belongings.

The videotaped depositions of Nicholas Broderick and Jessica Cooper, which were played in the Seago hearing, were also admitted in this hearing.

Antavia Reid, Alphonso Reid’s stepdaughter, also testified about being beaten and forced to fast as punishment. She said that the primary reason why she left the ministry was because Alamo did not permit her to obtain medical attention for her son, who was born with a serious medical condition. Antavia testified that Alamo has multiple wives and that she witnessed J.G. and W.T. marry thirty-year-old men when J.G. was twelve and W.T. was thirteen. Antavia said that she had only completed the eighth grade.

Dr. Karen Worley’s testimony in this hearing was significantly similar to her testimony in the Seago hearing. She said that the girls in this proceeding did not reveal any sexual abuse. She stated that C.R., A.B., and S.B. talked about how the government thought that Alamo was a pedophile and appeared to have been coached before their interviews with investigators.

Robbie Polite, with DHS, testified that, although S.B. and A.B. had received some immunizations, they were not up-to-date, according to the records in Arkansas.

S.B. testified that, since she was eleven years old, she and A.B. had primarily lived in Alamo’s house. She described a spanking that Alamo ordered one of his wives, Michelle Jones, to give her:

After he got off the phone, Tony said he was going [to] have Michelle spank me and I begged him not to and he said, yes, he was going to, I needed to learn my lesson and he took me into his room and got the paddle from behind his desk and had all my friends and everybody in the office come into his room and said for all them to watch me....
I was scared. I was crying. I asked him not to do this. We went into Tony’s room and he had four people hold me, hold my arms and legs down and he told me to bend over on his bed and I believe it was, do I need to say the name? It was Lydia, Sharon Alamo, Yvonne. She is known as Pebbles. And I can’t remember who else ...

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Cite This Page — Counsel Stack

Bluebook (online)
358 S.W.3d 909, 2009 Ark. App. 771, 2009 Ark. App. LEXIS 943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broderick-v-arkansas-department-of-human-services-arkctapp-2009.