Arrest warrant issued for Va. mom
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Janet Jenkins (right) of Fair Haven, who is involved in a same-sex custody battle with Lisa Miller of Virginia, holds up a photo of her daughter, Isabella, for television cameras after a family court judge in Rutland issued an arrest warrant for Miller on Tuesday. At left is her attorney, Sarah Star. Vyto Starinskas / Rutland Herald |
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By Brent Curtis Staff Writer - Published: February 24, 2010
An arrest warrant has been issued in Vermont for a mother from Virginia on the run with her daughter.
But the order issued Tuesday by Rutland Family Court Judge William Cohen would only put Lisa Miller in jail if she and her 7-year-old daughter are found in Vermont.
Thirty days after giving Miller extra time to transfer custody of her daughter to her former partner, Janet Jenkins, Cohen ordered an arrest warrant for Miller should she be found in Vermont and he set bail at $50,000.
"Under the circumstances, it's clear that Ms. Miller is under contempt," Cohen said.
Last month, Cohen made the unusual decision to give Miller more time to comply with a custody transfer he ordered in the lengthy dispute between Miller and Jenkins, whose civil union in Vermont ended in 2003. Miller, who lived with her daughter Isabella in Forest, Va., was ordered last year to deliver her daughter to Jenkins, who lives in Fair Haven, on Jan. 1.
Jenkins, who has no biological relation to Isabella but is recognized as an equal parent by the court, told the court last month that Miller and her daughter never appeared for the transfer.
In his defense of Miller, attorney Stephen Crampton said he objected to the warrant even though it would appear to have little practical effect in terms of being exercised.
"It seems like an exercise in futility," Crampton said while appearing in court by phone. "It seems least likely that Ms. Miller will be found within the purview of this court's jurisdiction."
While its unlikely that Miller would come to Vermont, the judge's ruling was more than symbolic in the eyes of Jenkins and her lawyer, who are hopeful the warrant will prompt Rutland County prosecutors to file a criminal charge against Miller.
"I would be surprised if the Rutland County state's attorney didn't exercise his discretion to bring a charge at this point," said Sarah Star, Jenkins' attorney.
Rutland County State's Attorney Marc Brierre said Tuesday that the matter hadn't come to his desk yet — but he said he expected an ongoing police investigation to arrive in the near future.
"I'm hoping to get it soon," he said.
Jenkins, who fought in court for years for recognition as a parent and for visitation rights before Cohen granted her custody of Isabella in November, held up pictures of her daughter while pleading for help.
"I hope the judge's order gives law enforcement the tools it needs to find Isabella," Jenkins said in a statement read after the hearing. "Every minute of every day I worry about her, where she is and if she's OK. I just want to know that she's safe."
Even though Miller hasn't faced criminal charges, police in Bedford County, Va., said Tuesday they've been searching for Miller and her daughter.
"They're both entered as missing persons," said Lt. Kyle Williams of the Bedford County Sheriff's Department. "We've had no information leading us in any direction at this point."
No one else, including Miller's Florida-based attorneys, has heard from the mother and daughter for a number of months. But Jenkins said after the hearing that she doesn't think Miller is acting alone.
"There have to be people helping her," she said. "You can't go on the run with no income and no home."
brent.curtis@rutlandherald.com
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