Mennonite minister loses U.S. appeal of kidnapping case conviction


December 17, 2015

Source: Reuters

A U.S. appeals court on Wednesday upheld the conviction of a Mennonite minister accused of helping a woman flee to Nicaragua with her daughter to evade court orders giving her former lesbian partner visitation rights.

kenneth-miller-minister

The 2nd U.S. Circuit Court of Appeals in New York upheld the conviction of Kenneth Miller, whose case drew widespread attention as gay rights and evangelical Christian groups took opposing sides in the legal battle over the daughter.

Prosecutors said Miller helped orchestrate Lisa Miller’s flight to Canada and Nicaragua in 2009 with her daughter out of Christian solidarity with her decision to reject homosexuality and her former partner. The two Millers are not related.

He was found guilty in 2012 by a federal jury in Burlington, Vermont for aiding in international parental kidnapping and subsequently sentenced to 27 months in prison.

On appeal, Miller argued that Vermont, where the custody battle between the women took place, was an improper venue, as he personally was not alleged to have committed any criminal act there.

But U.S. Circuit Judge Susan Carney, writing for a three-judge panel, said it was Lisa Miller’s removal of her child from the United States that allowed that allowed for the jurisdiction.

“It was not, for example, simply violating a state court custody order and crossing a state line: Its international nature endowed it with a different character and consequences,” Carney wrote.

A lawyer for Miller did not respond to a request for comment.

Lisa_Miller_og_Jane Jenkins_776397a

The criminal case was filed 2011, two years after Lisa Miller took the girl to Central America after denouncing homosexuality and losing a series of family court battles in Vermont with her former partner, Janet Jenkins.

Jenkins and Lisa Miller were joined in a civil union in Vermont in 2000 and, using in vitro fertilization, Miller gave birth to their daughter, Isabella Miller-Jenkins, two years later.

Lisa Miller filed to dissolve the union in 2003. She got custody of Isabella but a Vermont court gave Jenkins visitation rights.

Prosecutors said Kenneth Miller, an Amish Mennonite minister, subsequently organized Lisa Miller’s departure with Isabella by arranging for them to leave from Virginia to Nicaragua, engaging individuals who accompanied and helped them, and planning for their reception in Nicaragua.

Lisa Miller was indicted on international kidnapping charges in 2010, but has not returned to the United States since, according to the court decision.

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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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US pastor convicted for aiding parental abduction


August 16, 2012

Source: Sydney Morning Herald

BURLINGTON, Vermont: An Amish-Mennonite pastor has been found guilty in the US of abetting international parental kidnapping, in a case involving same-sex unions and conservative Christian opposition to homosexuality.

The pastor, Kenneth Miller, faces up to three years in prison. A federal jury in Burlington, Vermont, took four hours to convict him of helping Lisa Miller (no relation) flee to Nicaragua with her daughter, Isabella Miller-Jenkins, in September 2009 to evade court-ordered visits with Ms Miller’s former partner in a civil union in Vermont.

After the verdict, about 100 of Kenneth Miller’s supporters from the Beachy Amish-Mennonite sect, the women in traditional long dresses and head scarves, gathered outside the courthouse to sing Amazing Grace and other hymns.

After splitting up with the former partner, Janet Jenkins, in 2003, Ms Miller declared herself a born-again Christian, denounced homosexuality, began interfering with visits and tried to strip Ms Jenkins of her legal rights as a parent. Ms Miller moved to Virginia and, in 2009, as a frustrated Family Court judge in Vermont threatened to transfer custody of the girl, disappeared with her daughter.

The Beachy Amish-Mennonites regard homosexual behaviour as a sin.

In the trial, Miller’s lawyer, Joshua Autry, did not dispute the evidence that Miller had helped arrange for Ms Miller and her daughter to fly from Canada to Nicaragua and obtain shelter from missionaries in his sect. But Mr Autry argued that Miller did not realise Ms Miller was defying court orders at the time of the flight.

The prosecutors cited abundant evidence that Miller tried to hide what Ms Miller was doing – he specified that their flights should not touch down on American soil and gave the pair traditional Mennonite garb to wear as a disguise.

His case was also undermined by the reluctant testimony of a fellow Amish-Mennonite pastor in Canada, who said he had refused to transport Ms Miller and Isabella across the US-Canada border because he feared they might be breaking the law.

Miller had to give up his passport, but will remain free for now.

The judge gave the defence 30 days to file post-trial motions.

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