Petition for Certiorari to US Supreme Court

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Jan 3, 2020, 10:55:49 AM1/3/20
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In The
Supreme Court of the United States

Samuel H. Sloan, petitioner
v.
Creighton W. Sloan
Sue H. Roe
Aiken County Probate Court
Respondents

On Petition for a Writ of Certiorari to the Supreme Court of South Carolina
Petition for a Writ of Certiorari
Statement of the Case

1. Dr. Helen Marjorie Sloan was born on 17 March 1910 near the family farm in Creston, Iowa. She was a child psychiatrist and a medical doctor with a distinguished career as acting director of the Memorial Child Guidance Center in Richmond Virginia, director of the Lynchburg Child Guidance Center in Lynchburg Virginia, Staff Director of the Virginia State Colony and Training School for Epileptics and Feeble Minded in Madison Heights Virginia and head of the Geriatrics division of Western State Hospital in Staunton Virginia. Her biography is published in the First Edition of Who's Who in American Women.
2. Her eldest son Samuel Sloan was born in 1944 in Richmond Virginia. Her second son was Creighton born on June 27, 1946 but we now suspect and believe that Creighton was not the natural son of her but was unofficially adopted because at that time Dr. Sloan was director of a Home for Unwed Mothers in the same building as the Memorial Child Guidance Center in Richmond, where children were born whose mothers did not want them and as she had the authority to issue birth certificates she could have easily taken an attractive child as Creighton was and listed herself as the mother.
3. Creighton has had difficulties all his life, failing the sixth grade, flunking out of junior college, often changing colleges, having difficulties keeping a regular job, unable to get along with co-workers, wrecking his mother's cars, finally getting three masters degrees in dramatic arts but unable to find steady employment in that field and always relying on his mother to support.
4. Finally Creighton kidnapped his mother and took her to North Carolina where he was living at the time and then had her pension and social security checks routed to him where he could get the money. She escaped from his home in North Carolina two times and went to her own home in Lynchburg Virginia only to have him grab and take her back to North Carolina.
5. Finally, Dr. Sloan escaped again and went to New York City where a custody hearing had been scheduled for September 4, 1986 scheduled before New York Supreme Court Judge Kristin Booth Glen regarding her eldest son Samuel and his two children Peter and Mary Sloan who were children by Sam's Latvian wife Anda Baumanis of Riga Latvia. Also present were Shamema Honzagool Sloan, aged 4, by his wife Honzgool from Chitral Pakistan. However Shamema was not present in court on this day.
6. Just as the hearing was about to commence, Judge Glen's phone rang. She took the call in chambers and then came out and announced that the call was from Judge Larry Janow in Madison Heights Virginia and he wanted Sam Sloan and his mother arrested for taking Shamema out of state because the Roberts family was planning to seek custody of Shamema. Therefore Judge Janow wanted Shamema aged 4 taken into custody and rendered or extradited to Virginia.
7. Judge Glen said that she had seen Shamema in court the previous day but she was not in court this day so the child could not be detained. However, she was calling the New York City Police to arrest Sam Sloan and his mother. Also present in court was Anda's lawyer Walter Anderocci who said he was representing Creighton Sloan too and he was planning to take Dr. Marjorie Sloan to a place where Creighton could come and get her. Hearing this, Dr. Sloan said, “I want nothing to do with Creighton.”
8. The police arrived and took Sam Sloan and his mother to jail at the police station on Elizabeth Street, the police station closest to the court. However, two hours later the police released them saying that they had been informed by the Amherst County Virginia Commonwealth Attorney that there was no warrant for their arrest.
9. Realizing that Creighton and the Roberts would try again and again to get their money and their grandchild and since the Roberts were affiliated with the powerful religious group headed by Jerry Falwell in Lynchburg, Virginia who wanted to convert the child to the Christian religion, Dr. Helen Marjorie Sloan obtained a passport for herself and her granddaughter Shamema. The three then caught a flight to Rio Gallegos Argentina where Sam Sloan had a previous engagement as a coach for a team of chess players.
10. After the chess tournament was finished and they were preparing to leave, it was discovered that Creighton Sloan had canceled all the credit and bank cards of Dr. Marjorie Sloan and had frozen the funds of her bank accounts, so Dr. Sloan was now left destitute and without funds.
11. Nevertheless. they made their way to Buenos Aires Argentina and from there to Asuncion Paraguay and from there to Spain and France.
12. There learning that Dr. Marjorie Sloan was in Paris France, Creighton called the police there and tried to have her detained, but she again escaped. They they went to Innsbruck Austria and from there to Budapest Hungary and from there to Dubai United Arab Emirates where the 1986 World Chess Olympiad was about to commence.
13. Sam Sloan got a job as the chess columnist for the Gulf News which gave him enough income to support his mother and daughter. They wound up spending four years in the United Arab Emirates.
14. They went to Kandy Sri Lanka where they hired two domestic servants, Dayawathie and Renuka. One of them was to take care of the elderly grandmother, the other was to take care of the daughter Shamema Honzagool.
15. On a subsequent trip in 1990, they went to Bangkok Thailand where, after visiting the Crocodile Farm, Dr. Sloan became ill and had to be hospitalized in the Bangkok General Hospital.
16. There, upon learning that Dr. Sloan had been hospitalized, Creighton hired a lawyer to kidnap her out of the Bangkok General Hospital.
17. During the four years where they had been going from country to county, Dr. Sloan had been interviewed twenty times by various US consular officers stationed at the countries they visited. Dr. Sloan had made no secret of her whereabouts so a US Vice-Counsel would often come to visit her in view of Creighton's allegation that she had been kidnapped and was being held against her will. In one noteworthy instance, the US Consular Officer in Abu Dhabi tried to take her by force but as she was stronger than he was she had fought him off so he could not take her
18. Finally, Boonchoo in Bangkok Thailand kept the hospital room under surveillance and after waiting several days for a time when Sam Sloan was out of the hospital, he came in with a gang of men who injected her with knock out drugs and took her by force and overcame her resistance. Shamema Honzagool, her granddaughter, was present in the hospital room when this happened and witnessed this kidnapping.
19. Boonchoo had her put unconscious on a TWA flight to America. Creighton's Uncle Cassel Jacobson paid for this kidnapping. He later testified that he had paid $60,000 for this.
20. Arriving at his home in Silver Spring, Maryland he had the address for both her social security check and her Virginia Supplemental Retirement System check changed from her address at the US Embassy in Abu Dhabi to his address in Silver Spring. However, he soon found out that these changes of address would not be honored because Dr. Sloan had previously strictly instructed both agencies never to change the address for her checks because of the many times that Creighton had changed her address to his own address so he could get her money.
21. A second problem Cassel had was the nursing homes in Maryland were not willing to hold Dr. Sloan against her will or to lock her up as she was fully competent and capable of managing her own affairs, especially after she kept trying to escape.
22. Creighton Sloan had recently moved to Aiken, South Carolina, so Creighton and Cassel Jacobson devised a plan to transfer her to South Carolina especially after learning that South Carolina Law would allow her to be held in a “closed room” which the Maryland law would not allow.
23. Dr. Sloan was brought to South Carolina. Probate Judge Sue H. Roe without holding a hearing of any kind and without any notice to Sam Sloan who by then was back living in his mother's house at 917 Old Trent's Ferry Road in Lynchburg Virginia with his two domestic servants from Sri Lanka, Dayawathie and Renuka, and the by then there three children. Learning that Cassel Jacobson had been unsuccessful in changing the mailing address for the Social Security Checks and Virginia Supplemental Retirement System checks from her address in Abu Dhabi to his address, Judge Roe ordered that the checks be sent to Creighton's address instead.
24. Under the law of South Carolina and the law of every other state, for a person to be found incompetent and have their rights taken away, there must be medical examinations and testimony by qualified doctors and psychiatrists and there must be notice and the opportunity for a hearing for all of the children. None of this was done.
25. Moreover, in this case Judge Roe specifically ordered that the eldest son Sam Sloan NOT be notified. During this entire time, Sam Sloan was searching for his mother. The last time he had seen her was just before she had been kidnapped out of the Bangkok General Hospital. He did not even know what state or country she had been taken to. She might have been taken to Sri Lanka or to Virginia or Iowa.
26. Eventually after searching for three months, he found out that she was being held in Aiken South Carolina but by order of Judge Roe he was not allowed to see her. He was not allowed to see her nor was she allowed to see him. Also under South Carolina Law a hearing must be held once a year to determine if her condition has improved. No such hearing was ever held. Sam Sloan never received any notice of the conditions or the whereabouts of his mother.
27. Sam Sloan was once able to get into the prison-like facility where she was held four years later one time in May 1994. This happened four years after she had been kidnapped by Boonchoo in September 1990. He got in because the Staff of the Mattie C. Hall Health Care Center in Aiken South Carolina thought he was his brother. He was able to speak to his mother for the first and only time since she had been kidnapped and to her observe her walking around the facility testing all the windows and doors to see if she could open them and escape.
28. When the staff of the Mattie C. Hall Health Care Center realized he was not his brother, he realized had better get out. He got into his car and drove out of town but soon the Aiken police cars surrounded him and stopped his car, having been called by Creighton. But they did not arrest him. Instead they detained a young woman Kerry Durney who was a passenger in his car.
29. Dr. Helen Marjorie Sloan died on 16 May 2002 at age 92, having been held in the Mattie C. Hall Health Care Center for 13 years. Creighton had taken all her pension and social security checks and her bank accounts. No accounting of funds has ever been provided but altogether it must have been one or two million dollars.
30. It is astounding that my mother was psychiatrist director of the Virginia Department of Mental Health and Hygiene and the Memorial Child Guidance Clinic at 200 North 22nd Street, Richmond, VA 23223 and then nevertheless she was kidnapped in Bangkok, Thailand and taken to Aiken South Carolina where she was held prisoner in the Mattie C. Hall Health Care Center for 13 years until her death at age 92.
31. The judge who ordered my mother locked up was Sue H. Roe. It was not until the retirement of Judge Roe was announced in May 2016 at https://www.scstatehouse.gov/sess121_2015-2016/bills/1326.htm that I am others discovered that Sue H. Roe had never graduated from college, had never been to law school, had never passed the bar examination and had never practiced law or met the qualifications to be a lawyer and yet she conducted hearings, made rulings on evidence and basically pretended to be a qualified lawyer.
32. I have been to Aiken South Carolina where I attempted to copy the case file only to discover that virtually the entire case file including any rulings made by "Judge Roe" have been shredded or have disappeared.
33. It was not until after the subsequent retirement of Judge Sue H. Roe that it became known that Judge Roe was not a lawyer. She had never been to law school. She never took the bar exam. She was and is completely unlearned in law. This explains why she did not understand the legal requirements that a person cannot be detained unless she is a danger to herself or a danger to others.
34. Ironically. Dr. Marjorie Sloan knew the law on this point very well, because she was THE AUTHORITY on this law in Virginia. As she was an official of the Commonwealth of Virginia, it had often been up to her to decide which prisoners went free and which were to be locked up in jail or in a psychiatric hospital. She could order a prisoner released or kept detained.
35. Petitioner has recently been to Aiken South Carolina and has ordered copies of the case file. Petitioner has found that there is nothing to copy because the file is virtually empty. Petitioner does not know if “Judge” Roe ordered the file to be shredded. Now there is almost nothing there. There used to an order by Judge Roe that petitioner remembers reading, but that order is not in the file. Petitioner had filed many petitions and even a case in federal court and had attended so called hearings in the Aiken County Probate Court and appealed from one of the orders. Judge Rodney A. Peeples heard the appeal but said that Judge Roe “is a fine. Fine” probate judge. Petitioner is not aware whether Judge Peeples knew that Judge Roe was not a lawyer and not a proper judge.
36. Judge Peeples said he has played over all the tapes taken in the hearings before Judge Roe. Those taped cannot be found. Petitioner has been unable to obtain these tapes or the transcripts if any of the tapes. There is a sign posted on the courthouse saying Judge Peeples is a business partner of Judge Roe. This is improper.
37. It is not possible to bring my mother back to life or to restore the 13 years she lost by being kidnapped and held prisoner.
38. The time to appeal an order of the Aiken County Probate Court is only ten days. Because Petitioner lives in Bronx New York, by the time he has received the order and filed a notice of appeal, the ten days has expired. Petition has asked for extensions of time which have been denied so petitioner has never been able to have an appeal heard.
39. After attending the ISHI Conference, the The 30th International Symposium on Human Identification in Palm Springs California September 23-26, 2019 in Palm Springs California, petitioner realized he could establish whether Creighton Sloan is really his brother or not. If he is not his brother and not the real son of Dr. Marjorie Sloan, then all the property Creighton Sloan has taken including all the bank accounts, the house, the land and all the property Creighton Sloan has taken must be returned. Accordingly Petitioner Sam Sloan filed a letter appeal dated 28 March 2019 to the South Carolina Supreme Court which brings this case before this court.
40. Petitioner has received a decision of the South Carolina Supreme Court signed by all five judges of the South Carolina Supreme Court dated December 9, 2019 incorrectly naming the case Sloan vs Sloan in the matters of the estate of Helen Marjorie Jackson Sloan letter to the court dated Match 28, 2019 Appellate Case No. 2019-000452 in which the petition was denied. This gives this court jurisdiction over this petition for a writ of certiorari. A copy of the order of the South Carolina Supreme Court is annexed.
41. Petitioner has taken ALL the available DNA tests including familytreeDNA, Ancestry, 23andme and Myheritage and has uploaded the results to Gedmatch. These test results and the DNA test results of his paternal cousin Jack Sloan and children of his maternal cousin Richard Jacobson establish that he is the real son of Dr. Marjorie Sloan.
42. However, Creighton Sloan and his children have failed and refused to take any of the DNA tests. This creates the presumption that he knows the tests will show that he is not the real son of Dr. Helen Marjorie Sloan.
43. The last will and testament of Dr. Helen Marjorie Sloan is not in the court file and is presumed lost.
44. This brings up an issue that needs to be resolved by this court because studies have shown that 17% of the people who take these DNA tests find out that the person they thought was their father was not their real father. There are bound to be a lot of cases like this coming through the courts and these are issues this court should take up.
45. In this case there is an added factor in that Dr. Helen Marjorie Sloan was NOT a resident of Aiken South Carolina. She was kidnapped and taken there by force. She had never been there before. This could be readily established by a Freedom of Information Act Request as the twenty different US Consular Authorities who interviewed her in various countries of the world no doubt made and kept reports of her whereabouts, as well as did the FBI that was often called about her case or cases.
WHEREFORE
For All of the Reasons Set Forth Above, This petition for a Writ of Certiorari Should be Granted and in addition Creighton Sloan should be ordered to take the DNA tests.
_____________________________
Samuel H. Sloan

Verification

Samuel H. Sloan, being duly sworn, states that he is the Petitioner herein; that he has read the foregoing Petition for a Writ of Certiotari and knows the contents thereof; that the same is true to his knowledge except as to those matters stated to be alleged upon information and belief, and as to those matters he believes them to be true.

_______________________
Samuel H. Sloan
Sworn to before me this 2nd
day of January, 2020

__________________________
NOTARY PUBLIC







Certificate of Service

Samuel H. Sloan, being duly sworn, deposes and says that on January 2, 2020 he mailed the within petition for a writ of certiorari to all counsel at the following address:

Catherine H. Kennedy
Turner Padget Graham & Laney PA
P. O. Box 1473
1901 Main Street, 17th Floor
Columbia SC 29202

South Carolina Supreme Court
1231 Gervais Street
Columbia, SC 29201

Aiken County Probate Court
109 Park Ave SE
Aiken, SC 29801

_______________________
Samuel H. Sloan
Sworn to before me this 2nd
day of January, 2020

__________________________
NOTARY PUBLIC
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