Seago v. Arkansas Department of Human Services

360 S.W.3d 733, 2009 Ark. App. 767, 2009 WL 3852785, 2009 Ark. App. LEXIS 963
CourtCourt of Appeals of Arkansas
DecidedNovember 18, 2009
DocketCA 09-244
StatusPublished
Cited by23 cases

This text of 360 S.W.3d 733 (Seago 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
Seago v. Arkansas Department of Human Services, 360 S.W.3d 733, 2009 Ark. App. 767, 2009 WL 3852785, 2009 Ark. App. LEXIS 963 (Ark. Ct. App. 2009).

Opinion

LARRY D. VAUGHT, Chief Judge.

liThis is one of three appeals decided today that involve children who were removed from the Tony Alamo Christian Ministries compound in Fouke, Arkansas, in September 2008. The three appellants, fathers of girls placed in DHS’s custody, challenge the two circuit courts’ orders adjudicating their children dependent-neglected. See Brian Broderick v. Arkansas Dep’t of Human Servs., 2009 Ark.App. 771, 358 S.W.3d 909, and Alphonso Reid v. Arkansas Dep’t of Human Servs., 2009 Ark.App. 784, 2009 WL 3855700. Judge Jim Hudson conducted the hearing in this case. Judge Joe Griffin heard the Broder-ick and Reid cases together. Many of the witnesses testified at both hearings and some of the deposition testimony was admitted at both hearings. This opinion will review the evidence common to all three appeals.

Appellant Greg Seago, the father of V.S., has been a member of the ministry since |21976. At the time of the hearing, he was working for and living on ministry property in Fort Smith. Gina Howard, V.S.’s mother, married Seago in the ministry, but without a marriage license, when she was fifteen and he was thirty-five. She left the ministry in 1999. Although Howard was involved in the proceeding below, she did not appeal from the adjudication order. Their daughter B.S. was born in February 1993, and lived at Alamo’s residence for a period of time. She was living with Howard at the time of the hearing. V.S., who was born at home on August 10, 1994, did not have a birth certificate. She lived at Alamo’s residence in Fouke, in a building the church members referred to as the “mission” or “school,” when DHS took her into custody. Seago and Howard also have two minor sons, who were living with Seago in the ministry compound.

There was evidence that, among the grown women supervising the young girls who lived at the mission, were Alamo’s legal wife, Sharon, and his polygamous wives. While V.S. lived in Fouke at Alamo’s home, Seago was living in Fort Smith on the ministry’s premises. According to the witnesses, this type of living arrangement was common. In Fouke, there was a boys’ dormitory; sometimes, children lived with their parents in houses used by the ministry. There was another residence for young girls in Fouke that the witnesses referred to as the “green house.” There was evidence that young girls who had broken a rule or were somehow out of favor in Alamo’s residence were sent to the green house. Vicki Lareson, an adult who had been involved with the ministry for many years, was the housemother there.

hThere was evidence that, after Howard left the ministry, she attempted to convince Seago to leave the church and raise the children outside of the ministry. Although he left the ministry a couple of times, he never stayed out long and spent the better part of the thirty-two years between 1976 and 2008 actively involved with the church. In 1981, he moved onto church property and began working full time for the ministry. For over two decades, he worked for the church without receiving a paycheck and lived on church property. The church provided for all of his family’s needs. The children went to a school run by the ministry, which used the Christian education A Beka program.

DHS filed a petition for emergency custody of V.S. and other children at the Alamo compound on September 23, 2008. In the supporting affidavit, Lori Alexander, with the Arkansas State Police, stated that its Crimes Against Children Division had been assisting the FBI and the Arkansas State Police’s Criminal Investigation Division in investigating allegations of physical and sexual abuse at the Alamo ministry in Fouke. Tony Alamo was the alleged perpetrator. Alexander stated that V.S. was living in Alamo’s residence with her father’s knowledge and consent. She alleged that Howard had abandoned V.S. and that Seago had failed to protect her from abuse by allowing her to reside in Alamo’s home.

The petition was also supported by an affidavit of Sgt. John Bishop with the Arkansas State Police. He stated that he had interviewed V.S. and other children: 1

ltThe following three juveniles were interviewed by this Agent, Sgt. John Bishop, within the last six months. The three juveniles are believed to be credible in their statements. This credibility is based on information that has been obtained from other former members of the Alamo Christian Ministries that is located in Fouke, Arkansas and the three juveniles were not and had not been together for some time.
The confidential source was also interviewed by this Agent within the last six months. The confidential source provided information of assaults that had been witnessed by this person. The information was found to be creditable due to the source given independent information that paralleled the juvenile’s information.
Juvenile # 1 stated the following: She entered Tony Alamo’s home at 8 years of age and was made a wife, by consummating the marriage, at 9 years of age. Alamo had her watch pornography on more than one occasion while they were engaged in sex acts. He took sexual photos of her and maintained several of these photos of her and other young girls he married.
Juvenile # 1 has witnessed several beatings and assisted in several. She stated she was beaten by Alamo and Jeanne Orlando. Punishment from Alamo was normally fasting or proverbs, which is the word for a beating.
Juvenile # 1 stated that Alamo made the statement that Juvenile # 2 wasn’t a virgin anymore after he was in the room with her.
Juvenile # 2 stated she is 16 years of age when interviewed. She was picked by Alamo to live in his house in Fouke, Arkansas when she was 11 years of age. Alamo first had sex with her by digital penetration while she was still 11 years old. When she was almost 12 years of age he forced her to have sexual intercourse and sometime later forced her to have oral sex. He had sex with her at least 10 times.
Juvenile # 2 stated she was taken on a trip to California on Alamo’s bus. This trip was taken in early 2006. On the trip out there Alamo had sex with her and again had sex with her after arriving in California. On another occasion she was staying with her parents in California and Alamo came out there. He had sex with her there and then transported her back to Arkansas. Upon arriving back to Arkansas he had sex with her. She recalled that this occurred in early 2007.
Juvenile # 2 stated she was beaten by Alamo several times and on one occasion she passed out from the beating. She also witnessed several beatings of members by John Kolbeck.
^Juvenile #3 stated she moved into Alamo’s home in Fouke, Arkansas at age 11. She lived in his home for a year and a half.
Juvenile # 3 stated Alamo had a number of wives in his home and he was having sex- with all of them. Alamo has pornographic pictures of some of the wives.
Juvenile # 3 stated she knew Alamo had raped Juvenile # 2.

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Bluebook (online)
360 S.W.3d 733, 2009 Ark. App. 767, 2009 WL 3852785, 2009 Ark. App. LEXIS 963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seago-v-arkansas-department-of-human-services-arkctapp-2009.