Nation casts its eyes on an international kidnapping case on trial in Buffalo


September 22, 2016

Source: http://www.buffalonews.com

Kidnapped girl is only a part of story

Over the next two weeks, a Buffalo jury will hear the story of an alleged kidnapping, a story that captured the nation’s attention and cast a spotlight on some of its most polarizing issues.

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At the heart of the case is Isabella Miller-Jenkins, now 14 and believed to be living in Nicaragua with one of her two mothers, Lisa A. Miller, the woman accused of abducting her seven years ago.

Their story – a journey that started with the alleged kidnapping in Virginia, brought them to Buffalo and eventually landed them in Central America – has garnered national headlines because of the social and legal issues – same sex marriage, homosexuality and parental rights – at the core of the case.

On trial is Philip Zodhiates, the man accused of helping Miller and her daughter make their way from Virginia to the Buffalo Niagara International Airport in an effort to flee the country and keep Isabella from ever again seeing her other mother, Janet Jenkins.

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By then, Miller and Jenkins had dissolved their civil union and Miller, who had renounced what she now calls her “homosexual lifestyle,” was fighting Jenkins’ visitation rights.

“Janet wanted to have contact with the girl she loved,” Assistant U.S. Attorney Paul Van de Graaf told the jury Wednesday. “The backdrop of this case is the custody fight that followed their separation.”

A federal grand jury in Buffalo indicted Miller and two others on charges of conspiracy and international parental kidnapping in 2014 but so far, Zodhiates is the only one to ever appear in a Buffalo courtroom.

Unlike most kidnapping cases, the Miller prosecution unfolded on the national stage for all to see. The New York Times and Atlantic Monthly are just two of the many news organizations that have followed the story.

“This case is not about attitudes about lesbians, gays or same-sex marriage,” Robert B. Hemley, the Burlington, Vt., lawyer defending Zodhiates, said Wednesday. “That is a smokescreen.”

Hemley insists the trial should only be about Zodhiates, a Virginia businessman, and why he went out of his way to help Miller and her daughter seven years ago.

He told the jury his client is a “very special kind of person,” a person known for his charitable acts, and was never motivated by a desire to keep Isabella away from Jenkins.

“Why did he do it?” Hemley asked at one point. “Did he do it to hurt Janet Jenkins? Or did he do it because that’s who he is.”

For seven years, the National Center for Missing and Exploited Children has distributed photos of a smiling 7-year-old girl in blond pigtails in hopes of finding Isabella and her mother.

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Prosecutors plan to call witnesses who have seen the two in Nicaragua. Jenkins, who Hemley claims had an opportunity to adopt Isabella but declined, is also on the witness list.

Now 51 and married to another woman, Jenkins has said little in recent years but has always maintained her legal and moral right to be part of her daughter’s life.

“Isabella, like any other child, deserves to grow up in her home country with parents and relatives who love her,” Jenkins said in a statement to The Buffalo News two years ago.

After their separation, Miller acknowledged that, even before she and Jenkins moved from Virginia to Vermont, a state that recognized same-sex unions, she had started questioning their lesbian relationship.

She also pointed to a desire to reconnect with the church and, in notes that later became public, pointed to her difficult pregnancy with Isabella.

“I promised God that, if he would save my baby, I would leave the homosexual lifestyle,” she wrote in one of her journals.

One of her lawyers at the time, Rena M. Lindevaldsen, associate dean of the Liberty University Law School, refers to the notes in “Only One Mommy,” her 2011 book on Miller’s decade-long fight to become Isabella’s only parent.

When the courts in Vermont and Virginia disagreed and upheld Jenkins’ visitation rights, Miller tried stopping Jenkins from seeing their daughter.

When the courts again intervened and, according to prosecutors, appeared on the verge of transferring custody to Jenkins, Miller left Virginia.

“Lisa and Isabella have not been back since,” Van de Graff, the federal attorney, told the jury. “And that was the last Janet saw of her daughter.”

Zodhiates’ lawyers don’t contest the government’s claims that Miller fled the country, but they argue the decision was hers and hers alone.

“Her choice,” Hemley said Wednesday. “No one forced her to do anything.”

Sometime in late September 2009, Isabella and her mother arrived in Managua, Nicaragua, and were greeted by Timothy D. Miller, a Mennonite pastor who is no relation to Miller.

Like Zodhiates, Timothy Miller, who was recently discovered and arrested in Nicaragua, was indicted and charged with helping Lisa Miller make her way from Toronto to Nicaragua. He was also charged in 2011 but the government dropped the charges, reportedly because he agreed to cooperate with prosecutors.

A few months later, another Miller, Kenneth, a Mennonite pastor in Virginia, also was charged with aiding in Isabella’s kidnapping. None of the Millers are related.

In 2012, a federal court jury in Vermont found Kenneth Miller guilty. Court papers indicate Miller, who is on the prosecution’s witness list, may refuse to testify.

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International child abduction case has a Western New York angle


October 5 , 2014

Source: buffalonews.com 

Mom, daughter on the run crossed border in Falls

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At an age when most girls are thinking about junior high, making new friends and fitting in, Isabella Miller-Jenkins is on the run from the law.

It’s an international journey, authorities say, that began with her kidnapping in Virginia, brought her to Buffalo and eventually landed her with a group of Mennonites willing to hide her in Nicaragua.

Isabella, now 12 and under the alias of Lydia, is believed to be living there with one of her two mothers, Lisa A. Miller, the woman accused of abducting her five years ago.

Their story, which has garnered national headlines, could very well end here if Isabella and her mother are ever found. A federal grand jury in Buffalo recently indicted Miller and two others on charges of conspiracy and international parental kidnapping.

“Isabella, like any other child, deserves to grow up in her home country with parents and relatives who love her,” Janet Jenkins, Isabella’s other legal parent, said in a statement to The Buffalo News. “I am grateful for the efforts of law enforcement in Vermont, Virginia, New York and Nicaragua who have been working to find Isabella and prosecute those who have conspired in her abduction.”

Unlike most cases of parental kidnapping, the Miller prosecution has unfolded on the national stage for all to see. The New York Times and Atlantic Monthly are just two of the many news organizations that have followed the story.

It’s a case chock-full of social and legal issues – same-sex marriage, homosexuality, parental rights – that divide much of the nation.

So why prosecute the case in Buffalo?

The allegation is that Miller, eager to leave what she now calls the “homosexual lifestyle,” fled Virginia with her daughter in 2009 and, with the help of co-defendant Philip Zodhiates, made her way to Buffalo.

It was here, at the Greater Buffalo International Airport, that she hired a taxi driver to take them across the Rainbow Bridge into Canada. From there, they made their way to Mexico and ultimately Nicaragua.

“Janet believes that her daughter is still in Central America in the company of Lisa Miller and the Amish Mennonite community,” Sarah R. Star, Jenkins’ Vermont lawyer, said in a statement.

Jenkins is eager to have her daughter home and is asking anyone who might know where she is to please come forward.

“Isabella is sorely missed by her mother Janet, her aunts, uncles, cousins, grandparents, and many friends who have not seen her in five years,” the attorney said. “She requests that anyone with further information about Isabella’s whereabouts or her well-being contact the National Center for Missing and Exploited Children.”

A renounced relationship

The photos of a smiling 7-year-old girl in blond pigtails have been part of the National Center’s website for four years.

A flyer with the words, “Missing. Please bring me home,” has been circulating since Miller fled Virginia with Isabella, leaving behind Jenkins, her partner from a civil union in Vermont.

Years earlier, Miller had renounced their relationship, returned to Virginia and, according to the Times, taken a job teaching at Liberty Christian Academy, a school founded by the Rev. Jerry Falwell.

By then, Vermont had dissolved their civil union and granted custody to Miller and visiting rights to Jenkins.

Miller, now 46, would later acknowledge that, even before she and Jenkins moved from Virginia to Vermont, a state that recognized same-sex unions, she had started questioning their lesbian relationship.

Miller, who became pregnant through in vitro fertilization, also had a troublesome pregnancy with Isabella and, in notes that later became public, acknowledged a desire to reconnect with the church.

“I promised God that, if he would save my baby, I would leave the homosexual lifestyle,” she said in one of her journals.

One of her lawyers, Rena M. Lindevaldsen, associate dean of the Liberty University Law School, refers to the notes in “Only One Mommy,” her 2011 book on Miller’s decadelong fight to become Isabella’s only parent.

When the courts in Vermont and Virginia disagreed and upheld Jenkins’ visitation rights, Miller tried stopping her former partner from seeing their daughter.

Lisa-Miller-and isabella poster

When the courts again intervened and ultimately granted Jenkins custody, she left Virginia and never returned.

“I only want to see my daughter,” Jenkins told the Times in 2012. “What’s hard for me is not knowing what she’s going through.”

National implications

Jenkins, now 49, is still in Vermont and has since married another woman.

Even before she fled, there were hints that Miller might not accept the courts’ rulings on Jenkins’ visitation and custody rights.

In a 2009 letter to a judge in Vermont, according to the Times, she said Isabella, “knows from her own reading of the Bible that marriage is between a man and a woman … that she can not have two mommies.”

“What is at stake,” she told the judge, “is the health and well-being of an intelligent, delightful, beautiful, 7-year-old Christian girl.”

Early on in her custody fight, Miller enlisted the support of Liberty Counsel, a nonprofit Christian organization known for its pro bono work on issues such as same-sex marriage. The group argued that Virginia law, which did not recognize civil unions, should have precedence over the case, and that Miller should be declared Isabella’s sole parent.

A lower court in Virginia initially agreed, but the state’s appeals court took a far different stance. It said Vermont’s laws should rule.

Viewed as a custody fight with national implications, gay-rights groups such as Lambda Legal and Gay and Lesbian Advocates and Defenders have joined the battle, providing legal aid to Jenkins.

No sightings since 2011

Sometime in late September 2009, Isabella and her mother arrived in Managua, Nicaragua, and were greeted by Timothy D. Miller, a Mennonite pastor who is no relation to Miller.

He took the two of them to Jinotega, a town in the “coffee-growing hills of northern Nicaragua,” according to the Times. They stayed for about two months, he told the paper, and returned to Managua, but had trouble accepting the isolation there.

Mother and daughter eventually went back to Jinotega but, in 2011, disappeared when word filtered back that Timothy Miller had been arrested in Washington, D.C., and charged with aiding in Isabella’s abduction.

By all accounts, there have been no sightings of Isabella or her mother since then. Authorities believe they are still somewhere in Nicaragua.

Lindevaldsen could not be reached to comment, but in a 2012 interview with C-SPAN, said she has no idea where her client ended up.

“It seems at one point she was in Nicaragua,” she said at the time, “but that’s all I know, as far as what’s in the court papers.”

The latest indictment also charges Timothy Miller and Philip Zodhiates with helping Lisa Miller escape the country. Zodhiates, a Virginia businessman, is accused of traveling with them to Buffalo and then contacting an unidentified individual who helped them make their way through Canada.

Zodhiates could not be reached to comment, but is expected to be arraigned Wednesday in Buffalo before U.S. Magistrate Judge Jeremiah J. McCarthy.

For Timothy Miller, this is the second round of federal charges. He was charged in 2011 after his arrest, but the government dropped the charges, reportedly because he agreed to cooperate with prosecutors.

A few months later, another Miller, Kenneth, a Mennonite pastor in Virginia, also was charged with aiding in Isabella’s kidnapping. None of the Millers are related.

In 2012, a federal court jury in Vermont deliberated only four hours before finding Kenneth Miller guilty. His 27-month prison sentence was stayed pending his appeal.

Defense lawyers for Kenneth and Timothy Miller could not be reached to comment, and prosecutors in the U.S. Attorney’s Office in Vermont and Buffalo declined to comment.

Meanwhile, the FBI and Interpol’s search for Lisa Miller continues.

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