BACK STORY
A little over a year ago I was arrested for Child Endangerment and a CPS case was opened and indicated a ruling that I was abusive to one of my children. The criminal charges were dropped once the ADA heard the complete story, and as June 6, 2023 a judge ruled in my favor and overturned the CPS indicated report to unfounded and sealed the case… as if it never happened.
So why was I not found guilty and the initial CPS finding reversed by the judge. I obviously cannot speak to all of what the judge was thinking but I do know this… In all of the evidence that was submitted by the Allegany County… they did not submit the photos taken of the alleged injuries and did not submit the Doctor’s exam of the alleged injuries. Now, anyone with common sense would know that those two things are the key pieces of evidence support a claim of physical abuse in a CPS case. As a matter of fact, those were also the only two pieces of key evidence that was not turned over to me in discovery. What the County did not know is that I found these pieces of evidence and they directly contradicted the claim of CPS. Deputy Commissioner Bigelow was asked in cross-examination if the County had taken pictures and she stated no. Then the judge intervened and questioned Bigelow further and Bigelow then stated that yes, they did have that evidence, and she was not sure why it was not submitted or provided to me in discovery… This is all documented below in the audio link of that line of questioning where Deputy Bigelow clearly lied under oath to a NYS Judge.
In CPS Case Worker Watson’s notes there were multiple times she wrote that I strangled my child and left marks on the neck. Yet that same day the doctor examined my child and noted that there were NO marks on the neck. A pretty big conflict there. Also, those pics they neglected to disclose or enter as evidence that were taken by the police on the same day as the initial report and doctor’s exam, and those also don’t show marks on the neck. A direct conflict with what the CPS were claiming. According to the Deputy Commissioner Jennifer Bigelow’s testimony, it is expected for the case workers to take accurate notes that are truthful and correct. For the case worker not to submit their opinions but rather facts. She agreed it would be an issue with a case if a case worker did not follow these guidelines. Yet, when confronted with the fact that the case worker’s notes directly conflicted with the doctor’s report, and lack of pictures submitted as evidence, Deputy Commissioner Bigelow actually said that she does not see a conflict in this case. This is also documented below in audio transcripts from the hearing.
AUDIO TESTIMONY FROM COURT HEARING (06/02/23)
FORMAL COMPLAINT FILED WITH ALLEGANY COUNTY (08/01/23)
Attn: H. Robert Budinger 08/01/23
Formal Complaint
Hello Mr. Budinger,
I would like to file a formal complaint against the following three County employees: Allegany County Social Services Deputy Commissioner, Jennifer Bigelow; Allegany County Attorney, Carolyn Kellogg, and Allegany County CPS Case Worker, Pamela Watson.
This past year (August of 2022) the Allegany County CPS indicated me in a Child Endangerment Case. Over the past year I have been fighting this decision and completed a Fair Hearing with the state this past June winning my case and having the CPS decision overturned and the case sealed. In light of this hearing, some very troubling, concerning, unethical and possibly criminal behavior on behalf of the County was revealed.
Deputy Commissioner Jennifer Bigelow - During cross-examination at the hearing (06/02/23), Deputy Commissioner Bigelow testified under oath that she was not aware of any photos taken of the alleged injuries claimed in the CPS Report. When the judge intervened and questioned Deputy Commissioner Bigelow further, Bigelow then admitted that there, in actuality, were photos taken of the alleged injuries and that CPS had them in their case files and in the County’s possession. I would like to also articulate that CPS claimed, in their case notes, that there were marks on my son’s neck from me strangling him… and the photos that were taken clearly shows that there are not any marks on my son neck.
It is clear that Deputy Commissioner Bigelow lied under oath and that audio transcript of this is attached in this email. When a high ranking official in Social Services knowingly lies under oath, there is such a clear ethical violation that it should be impossible for this person to remain employed with the County let alone hold a leadership position (currently holding the responsibility of the Commissioner’s office).
Furthermore, this calls into question every case she has testified in or has had her notes entered in hearsay evidence. I would ask that she immediately be put on administrative leave (if immediate termination of employment is not an option) pending an external investigation by both the County and the State. I have also filed a formal complaint against Deputy Commissioner Bigelow to the New York State Office of the Inspector General.
County Attorney Carolyn Kellogg – During the same hearing as above, it came to light that the County’s Attorney, Carolyn Kellogg failed to disclose two key pieces of evidence to both me and the court during the discovery phase of the hearing. These two pieces of evidence were the photos of the alleged injuries and the doctor’s report of the alleged injuries. Please reread that again… because the two pieces of evidence not disclosed by the County’s Counsel were the two most relevant pieces of evidence for that case if it supported the County’s claims. The CPS case notes stated multiple times that there were marks on my son’s neck. We know that there were pictures taken the same day as the CPS case worker saw my child and we know also that the same day my son was examined by a doctor. Why would these have been intentionally left out of the discovery for a hearing? Well, it would most likely be a result of the pictures not showing any marks on my son’s neck and the doctor’s report specifically stating that there were not any marks on my son’s neck. A direct contradiction to what the CPS notes in the report stated.
It is my belief that Attorney Kellogg intentionally left that evidence out of discovery with the hopes of my not knowing about it. It would be beyond reasonable belief that she did not know about these two pieces of evidence as they would be the primary pieces of evidence in any child maltreatment case with claims of physical abuse. We know from testimony that the County did have both of these records in their case files and in the County’s possession. I also believe any reasonable person would see why the evidence was concealed and not submitted. Attached is also the audio transcript file of the cross-examination in which the County admits to not turning over this critical evidence that directly refuted their case notes and as a result called into question all of their claims. If a County Attorney for Social Services knowingly does not submit key evidence, it is a clear ethical violation that it should be impossible for this person to remain employed with the County let alone retain their ability to practice law. Furthermore, this calls into question every case Mrs. Kellogg has been a part of on behalf of the County. I would ask that she immediately be put on administrative leave (if immediate termination of employment is not an option) pending an external investigation by both the County the State. I have also filed a formal complaint against Mrs. Kellogg with the Grievance Committee for the Eighth Judicial District.
CPS Case Worker Pamela Watson – During the hearing noted above, it was found that CPS Case Worker Watson multiple times wrote down false notes claiming bruising on my son’s neck. This was found to be false as the doctor’s report specifically contradicted this and stated there was no bruising on the neck along with the photographs taken, that were in the possession of CPS, also show there was no bruising on my son’s neck.
Furthermore, Case Worker Watson was negligent in her note taking as demonstrated in an interview with one of my children where her notes summed it up as, “…he did not say much about the incident,” yet when looking at the notes from the police of the same interview, they were much more detailed, and I believe significantly weighed in my favor. It might appear that Watson shaped her note taking to fit a desired narrative rather than letting the facts speak to the truth. I was also recently informed by a source at Social Services that this case worker has received at least one other formal write up in the past for an ethical violation, if true, she should not have continued employment in her current position. What is undeniable is that she lied in her case notes and that alone should immediately put her on administrative leave (if immediate termination of employment is not an option) pending an external investigation by both the County and State. I have also filed a formal complaint against CPS Case Worker Watson to the New York State Office of the Inspector General.
To summarize, the acting Commissioner for Social Services clearly lied under oath in a CPS Fair Hearing case less than two months ago on record. The attorney for the county did not turn over the two most important pieces of evidence during the discover phase of the hearing to myself or the court. These two pieces of evidence also directly contradicted the official case notes from CPS. Lastly, the CPS case worker clearly lied in her case notes and clearly lacked sufficient note taking as a whole.
The amount of stress and hours dedicated to fighting for my innocence over the past year is not describable and I wish it on no one. What concerns me most here is not one mess up by one person, but so many mistakes that people at all levels were clearly aware of and what appears to be a clear desire to intentionally overt the truth at any cost… lying, manipulation, incompetence, you name it. What I want is accountability. What I want is the County to admit these people were wrong and were wrong in their judgment against me. What I want is this to be a clear public example for our government employees to not use their power and authority to cause damage to others. It is unacceptable and I expect absolute transparency.
Thank you,
Marshall Green
Documents for Dismissal of Charges and Ruling on Unfounded CPS Claim
