Response to Prosecutor William Vailliencourt

William Vailliencourt, head of the Prosecutor’s Office in Livingston County, MI spearheaded the prosecution of Josh Burns for child abuse. He continues pursuing a malicious and illegal intrusion into Brenda and Naomi’s lives despite Brenda being exonerated of any wrongdoing. Mr. William Vailliencourt has provided the media with a written statement (pdf) about this case in an attempt to defend the unlawful, untruthful and malicious conduct of his office. Mr. William Vailliencourt is an elected official. He is a public servant who is required to uphold the constitution and laws of the United States as well as those of the State of Michigan even if he personally disagrees with them.

Josh Burns has written the following statement in response to Mr. William Vailliencourt. The events that Josh refers to in his response are based on fact and have been witnessed by numerous people:

In an attempt to defend the actions of his office, Mr. William Vailliencourt has issued an official statement on my case as well as the TornFamily.com website that my supporters have created. I would like to address the issues he brings up in that statement.

Mr. Vailliencourt begins by stating, “It is important to remember that the version of events presented by the defendant and his family and friends is a version of events that was rejected twice by each of two separate juries – juries made up of members of this community.” The claim that the story told by myself, my supporters and the TornFamily.com website is a version of events rejected by two separate juries is false.

The juries in the civil and criminal trials were denied access to integral pieces of evidence that point to my innocence. One example of evidence that was suppressed from the jury is an email exchange between Dr. Bethany Mohr and Dr. Alex Levin. Dr. Mohr sought a second opinion from Dr. Levin and when that opinion called into question her diagnosis of child abuse the e-mail was concealed from Brenda and myself and later kept from the juries.

Another example of suppressed evidence is the large amount of peer-reviewed medical research that was barred from being presented to the jury. This medical research showed how Naomi’s symptoms were caused by something other than abuse. I also took two polygraph tests related to the crime I was accused of and passed both. These test results were given to the Prosecution but were not allowed to be shown to the jury due to rules of evidence. All of these items I have just listed can be verified by many witnesses to this case.

Mr. Vailliencourt continues by saying, “First, a jury of six found that allegations in the abuse and neglect case against Mr. Burns were proven. Second, another jury of twelve in the criminal case found beyond a reasonable doubt that Mr. Burns committed child abuse against his daughter – an intentional act, not an accident. In each case, Mr. Burns testified and in each case the jury found him responsible for committing abuse. I think you can assess what the jury thought of his credibility. Simply having them restated for the press doesn’t make those statements any more worthy of belief.”

My response to these assertions is that during the civil trial the jury asked to see the exchange between Dr. Mohr and Dr. Levin. The court denied the request of the jury. The letter can be viewed in the defense section of the evidence tab on the TornFamily.com website. After the jury rendered its’ verdict in the civil trial the jury foreman told my attorney, Mike Cronkright, that he could not get past the fact that every time Naomi was taken to the hospital she had been alone with me. The jury was led to believe this falsehood (that can be confirmed by witnesses) because assistant prosecutor Betsy Sedore deliberately lied in order to deceive the jury into believing that I was alone with Naomi every time she ended up in the ER or the ambulance. Clearly the jury was not presented with all the evidence and it was also led to believe a falsehood by the prosecution.

Mr. Vailliencourt then states, “Testifying at both trials was the head of the University of Michigan Child Protection team, who is a nationally recognized expert. This child almost died. This was not birth trauma, but child abuse. And we won’t know until she gets older what lasting effects the victim might have suffered.”

My response to the prosecutor’s assertions that Dr. Mohr is a nationally recognized expert is that Dr. Mohr has never published any peer reviewed medical journal articles. Despite never publishing peer reviewed research herself, the doctor refused to acknowledge the authority of any peer reviewed medical research presented by the defense because if she did it would hurt the prosecution’s case against us. The experts who testified for the defense were much more experienced and qualified than Dr. Mohr, including the two child abuse pediatricians who testified that there were other valid medical explanations for Naomi’s symptoms and that a diagnosis of abuse would be way down on the list of cause of injury. Their testimony (as well as Dr. Mohr’s) can be read in the evidence section of the tornfamily.com website. Dr. Mohr also has a criminal record in the state of Florida related to a false report of an accident. This is public record. This false report is a crime of dishonesty which calls into question Dr. Mohr’s credibility. This fact was not allowed to be presented to the jury.

Mr. Vailliencourt finally ends his statement with the following, “Neither we nor the court currently know the location of the child. The court has scheduled a hearing on that matter on March 19. We have litigated our case in the courts, where it is the appropriate place to do so, and will continue to do so.”

My response to the Prosecutor’s Office is that based on the recent Michigan Supreme Court ruling in the Sanders decision they have no legal right to know Brenda and Naomi’s address. Despite this, they have been informed of Brenda and Naomi’s new address. In fact CPS and a state trooper showed up at her new residence and requested to come inside. They were denied entry by the homeowner because they did not have a warrant.

The Prosecutor’s Office and CPS/DHS are not just simply interested in Naomi’s safety as they claim. Rather they are interested in continuing to harass the Burns family and assert illegal jurisdiction over Brenda’s relationship with Naomi. After the City of Brighton Police Department entered Brenda’s previous home without a warrant, I contacted the police, prosecution and CPS/DHS and volunteered to wear an ankle tether which would allow the state to know my location 24 hours a day in order to set their minds at ease that I have no intention of breaking the No Contact Order. I received no response to my offer because law enforcement, prosecution and CPS knew such an action would prevent further illegal intrusion into Brenda and Naomi’s lives. The Livingston County Prosecutor’s Office is more interested in maintaining their power than following the law or fairly prosecuting residents.

It is also interesting to note that Mr. Vailliencourt continues to bring up that I was convicted by a jury of my peers, however, the Prosecutor’s Office fails to recognize that Brenda was exonerated by a jury of her peers and continue to treat her like an unfit parent. He hypocritically argues the public should believe I was fairly convicted by a jury while refusing to acknowledge Brenda’s innocence has been upheld by a jury and offers no reason to call her exoneration into question.

 

 

William Vailliencourt prosecuted Josh Burns without evidence, and continues a malicious intrusion into Brenda's life despite Brenda being exonerated.
Update: The Burns Family Finally Reunited, December 2015. Naomi is happy and healthy, suffering no long term effects from her illness.

 

 

15 thoughts to “Response to Prosecutor William Vailliencourt”

  1. do i have this right ? the mother was exonerated , and was given back her child ? now she is labeled “an abuser ” ? because she won’t give up her address ?would the people who are “supposed to know best ” PLEASE TAKE YOUR HEAD OUT OF YOUR — !!!

    1. CPS, and other so call child protection services are really full of themselves. had family members, myself included have gone and still is going through hardship since they became involved in our lives. but yet we’re the ones at fault; as always NEVER them.
      Family is deal with the rapes of our nieces and sodomy of our nephew, but it’s not CPS fault, instead of a through investigation they just believed what the mother said because she’s white and the father had to do drug program because he’s black (didn’t use drugs), in order to see his kids and the mother let ex cons in the house and her kids paid the price for her good time. Where the hell was CPS when this went down??? yet the father is the only one helping them now, and is still getting dumped on by our great justice system and other offices. CPS, DOR, gave him no justice. in court the Judge said he was a bad parent , DOR is taking money from him for his kids and he has custody of his kids after CPS was finished with helping them. My family have no trust in CPS, DOR, Our courts, they’re crooked.

  2. Leave this family alone. Don’t you politicians and cps (I don’t capitalize their name because that would be a sign of respect and how can you respect a agency that uses power to destroy innocent families) have anything better to do. Get over it. You lost cps and to the prosecutor why is this any of your business. You’ve ruined ones man life. Are you worried this is gonna go against any upcoming promotion. It is bc your corrupt and a fraud.Secondly. Hospital s often have to use tools that later on are shown to cause injury to the babies. Leave this mom and baby alone or Canada will be outraged. I am asking all my friends and family to share this on all social media to show how ridiculous this is.

  3. Another lesson learned in this….DO NOT trust a doctor to get a second opinion for you. If that opinion contradicts your doctor’s opinion, you may never see it. Get the second opinion on your own.

    Dr Bethany Mohr, in all her self-glory, decided to play God in this, and took what she had no right to take by hiding the second medical opinion…she took the Burns’ family’s lives!

  4. What a well-presented defense! My heart breaks for you. May God uphold your cause and reunite your family. Do you have a Facebook page to follow?

  5. CPS are among the most evil people on earth, and to make matters worse they have little or no oversight and have free reign and power. From my experience, most of them don’t even have children themselves. Once they get you in their system, they will do and say anything to keep you there. It is very tragic what is happening to this family.

  6. I pray you will be justified here on this earth, and soon. Thank you for being such a good husband and father and doing the absolute best you can in the face of such wicked adversity. Your wife and daughter must be so proud of you!

  7. Praying for great protection for you all during this time. I know who you are, a man of God, loving father and husband. May you feel His abiding love, and know that you are being held up in prayer everyday. Thank you for letting your light shine in this dark hour my friend. To God be the Glory forever and ever.

  8. I am outraged for you and your family . The blatant abusage of power by cps is more than rebarbative . I can only hope that in the end you all will be exonerated. I further hope that at some point you will be able to launch a civil case against these individuals and their entities (I realize this can be difficult or impossible , but I hope.) When I think of the forced time away from your wife and daughter , again , its just outrgeous.

    Kimberlee Decker

  9. I am just reading this today, May 20, 2016. It is hard to read without getting physically sick! This is a horrible sumation with incorrect facts stated as truth! God help, bless and continue to give strength to this tormented family. Good heavens enough already, stop torturing these poor people!!!

  10. I was investigated by CPS from a disgruntled family member and exonerated twice. Anyone can call CPS and get an investigation started. Anyone.

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