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Lexi and Wesley's Story
Each time Wesley had to leave after visiting with his grandparents, his screams of "NO Go, Mimi! NO Go, Paw-Paw!" fell on deaf ears. His grandparents, Wesley and Sandra Seely of Ft. Worth, Texas, had raised their grandson since he was six weeks old. They were the only parents he had known in his 15 months of life.
On August 23, 2001, Wesley and Sandra Seely welcomed their new grandson into this world. Due to his parents' inability to care for him, Sandra and Wesley were given custody of baby Wesley, named after his grandfather.
Texas Department Family Protective Services (TDFPS) placed Wesley with his grandparents when he was six weeks old. Several months later, the court awarded the Seely's Permanent Managing Conservatorship (PMC) of Wesley.
During the 15 months that Wesley lived with his grandparents, CASA visits revealed that the Seely home was an excellent and appropriate environment for Wesley. The home was clean and baby-ready; Wesley had his own room, plenty of toys and other appropriate accessories. The visiting CASA worker, Anna Hunt, testified that the grandparents were very nurturing with Wesley and sought medical care when needed.
On July 17, 2002, Wesley's twin sisters, Lexi and Shelby, were born critically ill and premature at 26 weeks gestation. Nine days later, Shelby passed away. Little Lexi survived, although born weighing only 1.5 pounds. She gradually improved and three months later, weighing 4.5 pounds, was able to go home with her grandparents. She had multiple diagnoses, including:
Anemia
Apnea
Cardiomyopathy
Chronic Lung Disease
Diuretic dependency
Neonatal Respiratory Distress Syndrome
Oxygen dependency
Patent Ductus Arteriosis
Peripheral Pulmonic tenosis
Retinopathy
The Seely grandparents took every measure necessary to properly care for Lexi's medical needs, bringing home heart and lung monitors and a feeding tube, and making appointments with medical specialists to address Lexi's numerous diagnoses. They received training by hospital staff to enable them to care for Lexi's medical needs.

Five days after coming home, Lexi's monitors went off for the second time that evening. Sandra performed CPR, called Grandpa Wesley who had just pulled out the driveway, and took Lexi to Cook's Children's Hospital, seven miles from their home. CPS records reflect Sandra Seely did not seek immediate medical attention because she did not call an ambulance. From previous experience, Sandra knew that she could drive to the hospital in less time than it would require getting an ambulance to her home.
Lexi was admitted to Cook's Children's Hospital in Ft. Worth, Texas, with a respiratory infection on October 28, 2002, and placed on a ventilator.
On November 8, 2002, eleven days after Lexi had been admitted to the Pediatric Intensive Care Unity (PICU), Dr. Norman, an ophthalmologist, diagnosed Lexi with retinal hemorrhages.
Dr. Norman stated, "It might be" Shaken Baby Syndrome (SBS), although other doctors questioned whether the retinal hemorrhages were caused by her extremely premature birth and numerous medical diagnoses.
A full body scan revealed no further trauma. Lexi displayed no other symptoms of SBS, which can include fractured bones, brain injuries, bleeding in the brain, and bruising as a result of being held tightly.
Shaking a three month old, 4.5 pound baby to the extent required to cause retinal hemorrhaging would have, at the very least, left finger bruises on her little fatless body. Retinal Hemorrhages alone cannot be used to diagnose Shaken Baby Syndrome.
According to Toni Blake, of Second Chair, Shaken Baby Syndrome Defense, Lexi was such a sick baby that any one of her many medical diagnoses could have caused the retinal hemorrhages - specifically anemia, oxygen dependency, and having had CPR performed twice - once by Sandra and again by the nurse at Cooks Children's Hospital.
Without further investigation of the case or obtaining a second medical opinion, CPS accepted Dr. Norman's statement that Lexi "might have" been Shaken. CPS removed Lexi and 15-month-old Wesley from their grandparents' care. Wesley was placed with his great grandmother and Lexi was placed in a foster home.

The Hoops Never End
The result of one doctor's erroneous diagnosis and the hasty actions of CPS, Lexi and Wesley lived in foster care from 2002-2005.
CPS Caseworker, Lashika Christmas, testified that she had never observed the children with their grandparents. However, the CASA worker, Anna Hunt, testified that she had observed the children with their grandparents and with the foster parents. At the trial court, the CASA worker recommended returning both children to their grandparent's care. At the Appeal, the CASA worker recommended placing Wesley with his grandparents, allowing the foster parents to adopt Lexi, and maintaining visitation for the children.
The Seely's fulfilled all requirements that CPS requested of them, including undergoing psychological exams, taking parenting and anger management classes, etc. All tests came back with positive results relating to their characters and their ability to love, nurture, and properly care for their grandchildren.
At the request of the district attorney, Wesley, Sandra, and three members of their family who had been with Lexi during the five days she was home, took polygraph tests; all of them passed. (Sandra Seely's Polygraph) PDF
CPS refused to return the children to the custody of their grandparents. Sandra and Wesley were told by CPS that they would not be considered for placement of Wesley and Lexi because the Seely's refused to admit that they had done anything wrong, or that anything had happened to Lexi in their home.
The Seely's were granted supervised visits with Lexi for one hour once a month. According to Sandra Seely, the CPS caseworker stated that she refused to read the hundreds of pages of medical information on the care of Lexi. Fortunately, The Lutheran Social Services made themselves available to the Seely's so they could visit their granddaughter.
Wesley and Sandra Seely spent every penny they had, and sold nearly everything they owned, to pay legal fees to fight CPS's decision and get their grandchildren returned home.

Doomed from the Start
The first 12-15 months of a CPS removal case is the most important time of the case.
The Seely's attorney for the first year, Anand Alloju, was under investigation by the Drug Enforcement Agency and was convicted of drug distribution and laundering drug money, along with Dallas Socialite, Karen Luchessi.
Attorney Anand Alloju did not properly represent the Seely Family
Wesley and Sandra Seely's attorney for the first year was busy laundering illegal drug money; so busy that he did not have time to represent them, unbeknownst to them!
Fort Worth Star-Telegram, Texas Knight Ridder/Tribune Business News
Mar. 12--FORT WORTH, Texas-- Karen Lucchesi, the owner of a posh health spa and daughter of former Texas Rangers manager Frank Lucchesi, has been charged
with laundering drug money in an undercover sting run by federal drug agents.
Lucchesi and Fort Worth attorney Anand Alloju, who first appeared in court
Friday, are charged with laundering at least $259,000 that they believed were proceeds of cocaine and marijuana trafficking.
Alloju, 37, was admitted to the Texas bar in 1995 and has no disciplinary
actions on file. He was released from custody on his own recognizance.
The criminal complaint lists several contacts between Alloju, Lucchesi and
Jesse G.
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Alloju committed suicide prior to serving his prison sentence.
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The Seely family had no way of knowing their attorney was more involved with drugs than with providing appropriate legal representation.
April 27, 2004, the trial court of Judge Kimberly Brown, denied the Seely's and the foster parents' Motion to Adopt both children and the state took PMC of the Lexi and Wesley.
August 2004, the Seely's attorneys, David Pearson and Vaughn Bailey, appealed Judge Kimberly Brown's ruling to the Second District of Texas, Court of Appeals, in Fort Worth.
Lexi denied lung transplant; foster care is an unstable environment.
Mid 2004, Governor Perry ordered an investigation into the systemic problems within CPS, to be conducted by the Office of Inspector General. Lexi Seely needed a lung transplant but was refused by the Houston Transplant Team because she was in foster care, and foster care is an unstable environment for a transplant recipient.
The director of Hope4KidZ was mortified that this little girl who had fought so hard to live was going to die because foster care is deemed an unstable environment for a transplant recipient. The Seely's had made arrangements to bring Lexi to Houston and Sandra had verified that her insurance would cover the transplant surgery. The children had been in foster care for
Lexi Seely's plight was sent to Wayne Sneed at the Office of Inspector General. On August 13, 2004, Mr. Sneed contacted Hope4KidZ Director from his cell phone in order to get accurate information about Lexi Seely, as he was on his way to present this baby's death sentence to the Commissioner.
On August 20, 2004, Lexi Seely was adopted by the foster parents without notice to the Seely's attorney, and while the trial court's ruling was under appeal.
Lexi was placed on the Lung Transplant List and shortly afterward, she received the lung transplant that would save her life.

August 18, 2005, when 323rd District Court rendered their decision, Lexi was healthier than she had ever been in her short life. She was reported to have completely recovered from the lung transplant.
According to the Transplant Team in Houston, the life expectancy for a two year old who receives a lung transplant is approximately 10 years. The Seely's were trying to do what was best for both of their grandchildren and since Lexi had lived all her life with the foster parents, they agreed to allow Lexi to remain with her foster parents.
Wesley had spent the first 15 months of his life with his grandparents, and another 9 months living with his great-grandmother who lived down the road from the Seely's and he saw them daily. Wesley Meyers was hooked-at-the-hip with Grandpa Wesley.
Appellate Decision (PDF)
The Appellate Court judge determined it is in the best interest of children that siblings not be separated. It is important to note that Wesley did not know Lexi for the first Two Years of his life. CPS removed Wesley from his great-grandmother's care and placed him into the foster home with Lexi, a sister he did not know and with whom he had no bond.
According to the foster parent's testimony, she was expecting CPS to unite Wesley with Lexi in the foster home, from November 12, 2002 when Lexi came into their care. It appears, according to the 2nd Court of Appeals ruling, that CPS had planned to place both children in the foster home in order to allow the foster parents to adopt them.
The CASA worker expressed concern about Wesley when she visited the foster home. According to the CASA worker, Wesley did not interact with the foster parents and stayed in his room; although, Lexi was bonded with the foster parents.
The appellate judge was concerned with maintaining stability for Wesley. CPS had moved him several times since birth but Grandpa Wesley was the love of little Wesley's life. Testimonials from case workers and the foster parents stating that Wesley was extremely close to his grandparents were ignored.
The court denied the Seely's access to both the children. The children's foster parent testified that although she believed that the children were bonded with their grandparents, giving them access might cause medical problems for Lexi. Because Lexi has had the lung transplant, she is healthier than she has ever been in her entire life.
The foster parent testified that grandparent access might cause emotional distress to Wesley, further stating that Wesley was often sick after each visit with his grandparents.
Did she not consider the possibility that Wesley may have suffered separation anxiety after having to leave his grandparents?
The 2nd Court of Appeals upheld the Trial court's decision to deny PMC to the Seely's and allowed for the foster parents to adopt both children.
The Guardian Ad Litem had previously told the Seely's that the foster parents adopted Lexi on August 20, 2004.

The Final Judgment
In August 2005, the Appellate Court stated:
"Finally, the children's guardian ad litem asked the Court to allow supervised visitation between the children and the grandparents to continue. We believe that this would have been an appropriate solution, but we see no evidence in the trial record that the grandparents alternatively sought or would have accepted supervised access to the children, especially W.M., nor can we conclude that the trial court abused its discretion by ruling differently than we would have.
Based on the record, we cannot say that the trial court abused its discretion in denying grandparent access. But we can say that the law does not have all the answers, and we can say that a two-year-old's complete loss of the two most long-term, stable influences in his life cannot be a good thing, and we can implore the four adults who claim to love these children and want what is best for them to work toward a private compromise outside the legal system that will ensure the children's bright, stable future without erasing the positive remnants of their past."
As of March 2007, Sandra and Wesley Seely have not been allowed to visit Lexi or Wesley.
The Seely's were proven innocent of any wrongdoing, but the Texas Courts determined it was in the best interest of the children to be adopted.
The allegation that Sandra or Wesley Seely had Shaken Lexi, causing retinal hemorrhages, was denounced in reading the Appellate Decision.
The question remains why their beloved grandchildren were kept in state foster care for over two years, and away from the grandparents who love them and want to care for them, without government paid subsidy.
Will these children ever have the stable life that they deserve?

- July 17, 2002 - Shelby and Lexi were born 3.5 months early, at 26 weeks gestation.
- July 26, 2002 - Shelby passed away after nine days.
- Lexi, weighing 1.5 pounds miraculously survived; although a critically ill preemie.
- October 11, 2002 - Three month old Lexi was discharged from Harris Hospital and went home with her older brother (Wesley) and grandparents, who had raised Wesley since he was six weeks old.
- October 28, 2002 - Lexi was admitted to Cook's Children's Hospital in Ft. Worth, placed on a ventilator, and diagnosed with a respiratory virus.
- November 7, 2002 - Eleven days after Lexi was admitted to PICU at Cook Children's Hospital, Dr. Norman diagnosed Lexi with retinal hemorrhages.
- Within a matter of days, CPS had taken complete control of Lexi and 15 month old Wesley was removed from his loving grandparents who had previously been granted Permanent Managing Conservatorship (PMC) by the state of Texas.
- November 12, 2002 - Lexi was released from Cook Children's Hospital and placed in foster care.
- November 18, 2002 - Lexi had to be readmitted to Cook Children's Hospital, by the foster parent.
- November 22, 2002 - CPS requested Lexi's medical records
- According to the biological mother's desire, Sandra and Wesley Seely, the maternal grandparents are going to adopt both grandchildren.
- April 27, 2004 - Judge Kimberly Brown ruled neither the foster parents nor the Seely grandparents would be given PMC. (The Seely's had previously been granted PMC of Wesley and their parental rights were not terminated.)
- August 18, 2005 - SIXTEEN Months later, The 2nd Court of Appeals upheld the trial court's decision to not allow the children to return home but allowed the foster parents to adopt both Lexi and Wesley; because the children had been in the foster home and were bonded to the foster parents.

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