New Life Children's Refuge case
{{Short description|Alleged kidnapping during the 2010 Haiti earthquake}}
The New Life Children's Refuge case was an incident of alleged kidnapping and the ensuing legal cases which occurred in the aftermath of the January 12th 2010 Haiti earthquake. On January 29, 2010, a group of ten American Baptist missionaries from Idaho attempted to cross the Haiti-Dominican Republic border with 33 Haitian children. The group, known as the New Life Children's Refuge,{{cite web|title=NLCR's mission statement: New Life Children's Refuge Haitian Orphan Rescue Mission.|url=http://studylib.net/doc/18912891/new-life-children-s-refuge-haitian-orphan-rescue-mission|website=studylib.net|language=en}} did not have proper authorization for transporting the children and were arrested on kidnapping charges.{{Cite news|url=http://www.cnn.com/2010/CRIME/02/04/haiti.arrests/index.html|title=U.S. missionaries charged with kidnapping in Haiti - CNN.com|access-date=2017-09-13|language=en}}{{cite journal|last=King|first=Shani M.|year=2012|title=Owning Laura Silsby's Shame: How the Haitian Child Trafficking Scheme Embodies the Western Disregard for the Integrity of Poor Families|journal=Harvard Human Rights Journal|publisher=Harvard Law School|volume=25|issue=1|pages=1–47|url=https://harvardhrj.com/wp-content/uploads/sites/14/2009/09/King.pdf}} The missionaries denied any wrongdoing and claimed that they were rescuing orphans and leading them to a Dominican hotel which was being transformed into an orphanage. Nine of the ten missionaries were later released but NLCR founder Laura Silsby remained incarcerated in Haiti. By the time she went to trial on May 13 the charges had been reduced to "arranging irregular travel" and the prosecution sought a 6-month prison term. On May 17, she was found guilty and sentenced to the time served in jail prior to the trial.
New Life Children’s Refuge
The New Life Children's Refuge (NLCR) was founded in November 2009 by Laura Silsby and Charisa Coulter, who are both members of the Central Valley Baptist Church in Meridian, Idaho. The organization described itself as a "non‐profit Christian ministry dedicated to rescuing, loving and caring for orphaned, abandoned and impoverished Haitian and Dominican children, demonstrating God’s love and helping each child find healing, hope, joy and new life in Christ."{{cite news|url=http://news.bbc.co.uk/2/hi/americas/8490843.stm|title=Profile: New Life Children's Refuge|date=2010-02-05|publisher=BBC News|access-date=12 May 2010}} The charity claimed to be in the process of acquiring land to build an orphanage as well as a church and school in Magante on the Northern coast of the Dominican Republic. NLCR further intended to provide adoption opportunities for American "loving Christian parents". On January 12, 2010, Haiti was struck by a major earthquake and NLCR quickly formed the "Haitian Orphan Rescue Mission", a group of ten people from the Central Valley Baptist Church and the East Side Baptist Church in Twin Falls, Idaho. Both churches are affiliated with the Southern Baptist Convention. The mission's plan was to go to Haiti and bring a hundred orphans to Cabarete, Dominican Republic, where NLCR had leased a hotel to serve as a temporary orphanage.
Timeline of events
The ten missionaries, led by Silsby, flew to the Dominican Republic on January 22, chartered a bus, and arrived in Haiti on January 25.{{cite web|url=http://www.haitivoxbulletin.com/2010/02/special-report-puello-says-other.html|title=Special Report: Puello Says Other Dominicans Helped Silsby|last=d'Adesky|first=Anne-Christine|date=2010-02-24|publisher=Haiti Vox Bulletin|access-date=12 May 2010|url-status=dead|archive-url=https://web.archive.org/web/20100810172240/http://www.haitivoxbulletin.com/2010/02/special-report-puello-says-other.html|archive-date=10 August 2010}} American journalist Anne-Christine d'Adesky states that she met Silsby the day before the missionaries' entry into Haiti. The NLCR's leader explained that she had a letter from Dominican officials authorizing the transfer of orphans to the hotel in Cabarete. D'Adesky warned Silsby that she also required proper paperwork from Haitian authorities. On January 26, the group gathered forty children and set off for the Dominican Republic. They were stopped by a policeman, who explained that their actions were illegal.
{{cite news|url=http://www.cnn.com/2010/WORLD/americas/02/04/haiti.border.arrests/index.html|title=Dominican official: I warned U.S. church leader about Haitian kids|date=2010-02-05|publisher=CNN|access-date=12 May 2010}}
{{cite news|url=http://www.christianpost.com/article/20100209/haiti-police-u-s-baptist-team-tried-to-take-children-before/index.html|title=Haitian Officer: U.S. Baptist Team Made Earlier Attempt to Take Children|last=Vu|first=Michelle A.|date=2010-02-09|publisher=The Christian Post|access-date=12 May 2010}}
Undeterred the group set out to collect orphans from the devastated town of Calebasse (or Callabas) and from the slum of Le Citron in Port-au-Prince.{{cite news|url=https://www.nbcnews.com/id/wbna35507224|title=Parents: All Haitian 'orphans' had relatives|date=2010-02-21|publisher=Associated Press (through NBC News)|access-date=13 May 2010}}
{{cite news|url=http://www.cnn.com/2010/WORLD/americas/02/02/haiti.arrests.americans.detained/index.html|title=Haitian parent sent kids to orphanage for better life|last=Basu|first=Moni|date=2010-02-03|publisher=CNN|access-date=12 May 2010}}
33 children (20 from Calebasse and 13 from Le Citron) were put under the mission's care. On the night of January 29, the missionaries were arrested while trying to cross the Dominican border without proper authorization. They denied any wrongdoing and maintained that they were doing God's will by helping orphaned victims of the earthquake.
New York Times, [https://www.nytimes.com/2010/02/02/world/americas/02missionaries.html "Case Stokes Haiti’s Fear for Children, and Itself"], Ginger Thompson, 1 February 2010 (accessed 11 May 2010)
The children were sent to the SOS Children's Village orphanage in Croix-des-Bouquets, a suburb of Port-au-Prince, and it became clear that most (if not all) of them were not orphans.{{cite web|url=http://www.soschildrensvillages.org.uk/charity-news/haiti-earthquake/haiti-orphans-urgent-breaking-news-baby-and-child-traffickers-caught|title=Haiti Orphans: URGENT Breaking news Baby and Child Traffickers Caught|date=2010-01-30|publisher=SOS Children's Villages|access-date=16 May 2010|archive-url=https://web.archive.org/web/20100205094217/http://www.soschildrensvillages.org.uk/charity-news/haiti-earthquake/haiti-orphans-urgent-breaking-news-baby-and-child-traffickers-caught|archive-date=5 February 2010|url-status=dead}} NLCR missionaries maintained that they were told that the children were orphaned. In turn, people in Calebasse and SOS Children's Villages accused the missionaries of lying about their intentions. Although the children's relatives were told that they would be able to visit them and eventually take them back, the NLCR's mission statement clearly outlined plans for adoption.
On February 4, the ten Baptists were formally charged with criminal association and kidnapping for trying to smuggle 33 children out of Haiti.
{{cite news|url=http://www.cnn.com/2010/CRIME/02/04/haiti.arrests/index.html|title=U.S. missionaries charged with kidnapping in Haiti|date=2010-02-05|publisher=CNN|access-date=13 May 2010}}
In an interview, the United States Ambassador to Haiti Kenneth Merten, stated that the U.S. justice system would not interfere and added "the Haitian justice system will do what it has to do."
{{cite news|url=http://cbs4.com/national/haiti.baptists.children.2.1472191.html|title=Attorney For Baptists In Haiti: Leader Is To Blame|publisher=CBS News|access-date=13 May 2010}}{{dead link|date=February 2018 |bot=InternetArchiveBot |fix-attempted=yes }}
On February 5 former president of the United States Bill Clinton, who was appointed by the United Nations as relief coordinator for the earthquake, appealed for a swift end to the case to ease tensions between Haiti and the United States in the relief effort. {{cite news|url=https://www.reuters.com/article/us-quake-haiti-missionaries/bill-clinton-urges-solution-to-haiti-kidnap-case-idUSTRE61503J20100206|title=Attorney Bill Clinton urges solution to Haiti 'kidnap' case|publisher=CBS News|access-date=23 October 2021}}
On February 17, eight of the ten members of the NLCR team were released by Haitian judge Bernard Saint-Vil. They were immediately flown back to Miami on a US Air Force transport plane. Laura Silsby-Gayler and Charisa Coulter were held over for more questioning.
New York Times, [https://www.nytimes.com/2010/02/18/world/americas/18haiti.html "Judge Releases Eight Americans Jailed in Haiti"], Simon Romero, Marc Lacey, 17 February 2010 (accessed 18 February 2010)
On March 8 Coulter was also released, but Silsby remained incarcerated.
[https://www.nytimes.com/2010/04/27/world/americas/27briefs-Haiti.html Haiti: 10 American Missionaries Cleared of Kidnapping Charges] Associated Press through nytimes.com. April 26, 2010
{{cite news | url = http://www.idahostatesman.com/2010/03/08/1109592/boisean-charisa-coulter-released.html | title = Boisean Charisa Coulter released Monday from Haitian jail; Laura Silsby remains|publisher=The Idaho Statesman|access-date=16 March 2010}}
{{cite news|url=http://edition.cnn.com/2010/WORLD/americas/03/09/haiti.americans.detained/|title=Freed from Haiti, missionary returns 'with mixed emotions'|author1=Lonzo Cook |author2=Sara Sidner |date=2010-03-09|publisher=CNN|access-date=10 August 2011}}
The charges against Silsby were eventually reduced from conspiracy and child abduction to "arranging irregular travel". Her trial began on May 13, and prosecutors asked for a 6-month prison sentence, arguing that Silsby was fully aware that she did not have proper authorization to take the children out of the country.{{cite news|url=https://www.foxnews.com/world/haiti-prosecutors-seek-6-months-in-prison-for-us-woman-who-tried-to-remove-kids-after-quake/|title=Haiti prosecutors seek 6 months in prison for US woman who tried to remove kids after quake|date=2010-05-13|publisher=Associated Press via FoxNews|access-date=16 May 2010}} On May 17, she was found guilty and sentenced to the time served in jail prior to the trial.{{cite news|url=https://www.usatoday.com/news/world/2010-05-17-Haiti_N.htm|title=U.S. missionary convicted in Haiti, but free to go|date=2010-05-17|publisher=Associated Press through USA Today|access-date=17 May 2010}}
Laura Silsby - Gayler
Laura Silsby founded the New Life Children's Refuge and led the expedition in Haiti. Though she was freed after serving her sentence in Haiti, she also faced legal problems in Idaho.
{{cite news|url=http://www.cleveland.com/nation/index.ssf/2010/02/haiti_missionary_leader_left_t.html|title=Haiti missionary leader left trail of financial woes in Idaho|last=Moeller|first=Katy|date=2010-04-02|publisher=Cleveland.com from The Idaho Statesman|access-date=13 May 2010}}
{{cite news|url=http://www.timesonline.co.uk/tol/news/world/us_and_americas/article7017161.ece|title=Baptist Laura Silsby who set off to 'rescue' orphans left behind debts and bad wages|last=Bone|first=James|date=2010-02-06|publisher=The Sunday Times|access-date=10 August 2011}}{{dead link|date=September 2024|bot=medic}}{{cbignore|bot=medic}}
In early March 2010, her attorney in these cases filed a motion to withdraw as her counsel.{{cite news|url=http://www.idahostatesman.com/2010/03/03/1103264/attorney-for-laura-silsby-personal.html|title=Attorney for Laura Silsby, Personal Shopper in civil suit files motion to withdraw as counsel|last=Moeller|first=Katy|date=2010-03-03|publisher=The Idaho Statesman|access-date=14 May 2010}}
Silsby faced civil lawsuits for fraud, wrongful termination and unpaid wages mostly related to Personal Shopper,{{cite news|url=http://www.utsandiego.com/news/2010/Feb/10/idaho-woman-faced-financial-woes-before-haiti-trip/|title=Idaho woman faced financial woes before Haiti trip|last=Boone|first=Rebecca|date=February 10, 2010|publisher=U–T San Diego|access-date=13 December 2013}} an Internet company that she founded in 1999 with James Hammons. Silsby and Hammons worked together at Hewlett-Packard.{{cite news|url=http://www.idahostatesman.com/2010/02/13/v-print/1079653/grand-ambitions-laura-silsby-has.html|title=Grand ambitions: Laura Silsby has tackled life with faith in God and herself|last=Moeller|first=Katy|date=2010-02-13|work=The Idaho Statesman|publisher=Idaho Statesman.com|access-date=21 May 2010}} Silsby became part of MYSTATE USA an emergency notification company headed by Claudia Bitner in 2011.Idaho Sec of State filing under MYSTATE USA 2012 MYSTATE USA changed its name to Alertsense.Idaho Sec of State MYSTATEUSA filing 2015 Alertsense has since started another company called Konexus because of bad press when its software was involved in the 2018 Hawaii false missile alert.Hawaii Advertiser March 2018 Silsby married and now goes by the name Laura Gayler or Laura Silsby Gayler.Nampa Press Tribune 2016
Jorge Puello
In the days following the group's initial arrest, Dominican Jorge Puello represented some of the detainees, falsely portraying himself as a lawyer. Caleb Stegall, an attorney representing Culberth, McMullin, and the Thompsons, stated, “My clients have never met Mr. Puello and know nothing about him.” Judge Saint-Vil said he had questioned Silsby about what connection she might have with Puello.
New York Times, [https://www.nytimes.com/2010/02/16/world/americas/16haiti.html "Trafficking Charges for Adviser to Jailed Americans in Haiti"], Marc Lacey, Ian Urbina, 15 February 2010 (accessed 18 February 2010)
Puello later acknowledged that he is under investigation for sex trafficking in El Salvador and wanted in the United States for smuggling people across the Canada–US border. Puello was incarcerated for short terms in both Canada and the US.
New York Times, [https://www.nytimes.com/2010/02/16/world/americas/16haiti.html "Trafficking Charges for Adviser to Jailed Americans in Haiti"], Marc Lacey, Ian Urbina, 15 February 2010 (accessed 18 February 2010)
{{cite news|url=http://www.cnn.com/2010/WORLD/americas/02/15/haiti.legal.adviser.charges/index.html|title=Legal adviser for Americans in Haiti facing his own charges|last=Penhaul|first=Karl|date=2010-02-15|publisher=CNN|access-date=13 May 2010}} He was arrested in the Dominican Republic on March 18, 2010.{{cite news|url=http://www.cnn.com/2010/CRIME/03/19/haiti.baptists.adviser/index.html|title=Adviser to missionaries in Haiti kidnap case is arrested|date=2010-03-19|publisher=CNN|access-date=14 May 2010}} On August 18, 2010, the Dominican Supreme Court authorized Puello's extradition to the United States where he was sentenced to 37 months of prison in June 2011.{{cite news|url=http://news.therecord.com/article/764022|title=Dominican court allows US extradition of man who acted as lawyer for US missionaries in Haiti|date=2010-08-18|publisher=Associated Press via the Waterloo Region Record|access-date=13 September 2010}}{{cite web|url=http://www.sentinel.ht/news/articles/crime/1241-legal-advisor-to-idaho-10-gets-3-year-sentence|title=Legal Advisor to Idaho-10 Gets 3-Year Sentence|date=June 15, 2011|publisher=The Haitian Sentinel|access-date=9 December 2013|url-status=dead|archive-url=https://web.archive.org/web/20131213200135/http://www.sentinel.ht/news/articles/crime/1241-legal-advisor-to-idaho-10-gets-3-year-sentence|archive-date=13 December 2013}}