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Bobby Fijnje
was a 14-year-old who babysat at his family's church in Florida. He spent
two years in adult prison before being acquitted in 1991 of charges that
he'd molested the children in his care. His parents were urged to accept a
plea deal for their son, and told that he would likely contract AIDS in
prison. When they proclaimed their son's innocence, false stories were
leaked to the media that accused them of being child pornographers and
drug dealers. The jury was so disturbed by the conduct of the case that
they wrote to Florida Attorney General Janet Reno:
There was a high degree of improbability
of certain allegations raised against the defendant. For instance,
alleging that he [Bobby Fijnje] drove a child to the American Foreign
Legion Hall, when no representative of that facility saw the defendant
on the premises. And the fact that no adult ever saw the defendant drive
a car, a task that he claims he has yet to attempt.
Other allegations have the defendant
taking children where there were witches and in which he dressed as a
clown. Again, no one ever saw anyone dressed as a witch nor the
defendant as a clown. Further allegations of a baby being killed and a
cat's neck being broken were unfounded.
From
Concerned Citizens for Legal Accountability:
The following letter was written by the father of
Bobby Fijnje, a 14 year-old boy who met up with Janet Reno's style of
"child protection." This "Open Letter to the American People" documents
his family's reaction when they heard with disbelief that Janet Reno had
been nominated to head the Justice Department. For more info about this
case, see: Armbrister, T., JUSTICE GONE CRAZY, Reader's Digest, Jan.
1994, p. 33-40.
To the American people and their government:
It is with surprise, shock, dismay, and anger that the Fijnje family
learned of the nomination of Janet Reno as Attorney General of the
United States of America. After reading this letter I hope you will
understand why our family feels that way. I would like to describe how
Ms. Reno persecuted our family.
After serving the government in Curacao, Netherlands Antilles, for
almost 25 years, we decided that it would be a good experience for our
children Nanette and Bobby, Jr., to settle in Miami, Florida.
We bought a house there and the children entered school. We wanted to
make our new home our fatherland. When we arrived in Miami, Nanette was
8 and Bobby was 5. In late 1981 we joined Old Cutler Presbyterian
Church, in which the whole family participated in almost all church
activities. I was honored to serve the church for three years as deacon
and three more years as an elder. For eight years I sang in the choir,
while my wife Vivian joined the bible classes, worked in the kitchen,
and helped in other ways. The kids went to Sunday-school classes, and
when the time came, they became members of the congregation. Neither
Vivian nor I was ever called to school or church because of any
misbehavior of either of the children. Nanette graduated from high
school and entered Dade Community College. Bobby was given an award as
the best all-around student of his class when he graduated from 6th
grade. But in the fall of 1988 dark clouds began to gather.
We did not know what accusations were being made or who the accusers
were. Imagine our shock when, on the morning of 28 August 1989, I opened
the door and four policemen identified themselves and told me that they
would like to talk to Bobby. One of the four, Detective Martinez, told
me that although they had no search warrant, they wanted to search
Bobby's room for pornography. I told them there was no need to get a
warrant and that they could go ahead and search the room. We later
learned that Detective Martinez had obtained an arrest warrant for Bobby
three days previously, but he told us that he had only come to "talk to
him." Two policemen turned Bobby's room upside down and of course found
no pornography because we have no such trash in our home.
I rode with Bobby, Detective Martinez, and Lieutenant Forster to the
police station where Bobby was interrogated from noon until dinner time.
I was with him for the first two hours, but I was then told that I must
leave the room because Detective Martinez wanted to talk to him alone.
On the evening of 28 August 1989, two months after his 14th birthday,
Bobby was taken to the Dade Juvenile Detention Center. He remained there
until 4 May 1991 when he was released. During the frequent recesses
which occurred throughout the preliminary hearings and trial, Bobby was
held in solitary confinement in a holding cell at the courthouse. During
Bobby's imprisonment, we twice asked for him to be released on bond, the
second time in the care of his aunt and uncle (a retired Connecticut
State Supreme Court judge), but this was refused because "Bobby was a
threat to the community" and because it was said that our family would
flee the country. Bobby pleaded not guilty, and was tried as an adult on
the motion of the Dade County prosecutor's office, headed by Ms. Reno.
The pre-trial hearings finally began in early August 1990 with Judge
Norman Gerstein presiding. Pre-trial hearings lasted until the middle of
January 1991, at which time a jury was selected. Before and during the
trial, we were repeatedly urged to accept a plea-bargain and warned of
the dangers Bobby faced in prison. We were told that he would have AIDS
within a week after entering prison. We were told what a horrible time
he would have in prison, where the jailers are mere administrators and
the prison is actually ruled by the prisoners. But we knew Bobby was
innocent, and we refused to accept a plea bargain.
During the trial, not a single witness ever testified that he or she had
seen anything improper. Over 800 members of the church stepped forward
and offered to testify on Bobby's behalf. At least 14 motions for mis-trial
were filed by Bobby's lawyers, Mr. Mel Black and Mr. Peter Miller. Over
500 sidebar conferences were held in this case, which cost the taxpayers
well over $3 million, money that could have been used to feed the poor,
improve public health, or shelter the many homeless people who roam the
streets of Miami. Instead, this money was spent on the longest trial
ever held in Dade County, all in an effort to send an innocent boy to
jail for life.
On the morning of 4 May 1991, the jury advised Judge Gerstein that a
verdict had been reached, but we waited an hour and a half for that
verdict to be read. Judge Gerstein advised our lawyer that we must wait
for Ms. Reno's arrival. She wanted to be present when the verdict was
read.
Bobby was acquitted on all counts.
During this period, our family had to endure daily attacks and lies in
the newspapers and on television. My wife and I were accused of being
drug dealers and ringleaders in a child pornography business. Death
threats were sent to us and left on our telephone answering machine. In
addition to local and county police departments, the FBI was also called
in to investigate us. Unmarked police cars cruised through our street,
while a police helicopter with a searchlight flew overhead at night.
Television reporters knocked on every door and window in the house, but
we refused to give interviews because we believed that the media would
not truthfully report them.
Ms. Janet Reno was the Dade County Prosecutor at the time of the
investigation and prosecution of our son, and as such she must bear the
primary responsibility for what was done to him. Is Ms. Reno the right
person to head the United States Justice Department? Is she really a
crusader against child abuse? Is she aware the she abused my son by her
actions and robbed him of one year, eight months, and one week of his
life?
I urge President Clinton and the American people to be wary of giving
her this high office. Any one of the 260 million Americans might run the
risk of having the same thing happen to them as happened to our son. If
our efforts save even one innocent child from Bobby's fate, it will have
been worth the trouble. We pray that President Clinton will hear the
lone voice of a family that has suffered at the hands of Ms. Reno.
In spite of all the injustices done to our family during this period, we
wish the people of the United States well.
Sincerely, B. Fijnje, Sr. The Netherlands
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