Of all the cases we've reported at Dastardly Dads, this has got to be one of the most horrifying. And not just because there was a violent father, TIMOTHY FRAZIER, who killed his son in a murder-suicide. It was because this father was able to get access to his son after obtaining "custody" illegally--and all with the help of the local police department, who swooped down and stole this boy from his mother. This is a case involving SYSTEMWIDE failure and incompetence. For additional background, see the posts listed below:
Dad TIMOTHY FRAZIER was successful in getting the police to remove his 21-month-old son from his mother's custody with a phony Emergency Protective Order (EPO) that "requested" temporary custody. It didn't "grant" him custody. The police department is now being sued. Whether these guys willfully misinterpreted this document or just lack basic literacy skills is still to be determined in court.
However, new evidence has surfaced that the police were TOLD BY THE FATHER on the telephone that he didn't have custody. THREE TIMES. Do we have problems with listening comprehension here in addition to basic literacy???
A link to the recording is available at the website below.
Recording Released In Murder-Suicide Case
Recording Shows Father Told Police He Didn't Have Custody Of Son
By Eric King/WLKY
POSTED: 6:24 pm EST January 28, 2010
UPDATED: 8:17 pm EST January 28, 2010
BARDSTOWN, Ky. -- WLKY has uncovered new information in a Bardstown murder-suicide case.
WLKY obtained an audio recording of a conversation between Timothy Frazier and the Lawrenceburg Police Department. Police said in May 2009, Frazier shot his 21-month-old son in the head, then turned the gun on himself.
The Lawrenceburg Police Department is being sued for illegally taking the boy from his mother and placing him in the custody of his father, who according to police, later killed him.
In the call, Frazier made it clear, three times, that he did not have custody of the child.
The call came into the Lawrenceburg Police Department on May 13, just hours after Frazier filed an emergency protective order against his ex-girlfriend, Candice Dempsey, of 21-month-old Cole.
The EPO was filed in Bardstown, where Frazier lived. Dempsey lived in Lawrenceburg.
In the call, the dispatcher asked Frazier why he thought Dempsey was a danger to the boy.
"Well, I mean, she threatened to wreck. According to, I mean it's on the EPO, she's threatened to wreck while he's in the car," Frazier told the dispatcher.
"Does the EPO give temporary custody of one or the other?" the dispatcher asked.
"No, it don't," Frazier said.
The EPO stated that Frazier requested temporary custody of the child because, he was "afraid for his son's safety."
The judge did not give Frazier custody, but referred him to the Cabinet for Health and Family Services or law enforcement if he believed the child was in danger.
In the recording, Frazier acknowledged that the EPO did not grant him custody.
"They won't let him reside with me. She won't let him reside with me. Until the hearing, have him put in a, what do they call it? I hate to do it. A shelter. I hate to do it, but I," Frazier trailed off.
The morning after the conversation, two Lawrenceburg Police officers took the child from his mother in Lawrenceburg and placed him in Frazier's custody in Bardstown.
Two weeks later, both were found dead. Police called it a murder-suicide.
"This child was unlawfully taken from his mother," said Dempsey's attorney Ron Hillerich.
In June, Hillerich filed a multi-million dollar lawsuit against the city of Lawrenceburg for illegally seizing the child.
"He knew himself, a lay person, that the judge had not granted him temporary custody. Yet, the Lawrenceburg Police Department looked at it, or at least they say they did. I think they just looked at the first page of the motion and determined they were to take custody of the child from the mother and give him to the dad," said Hillerich.
WLKY has uncovered the sworn statements of the two Lawrenceburg officers involved in seizing the child.
Lt. Chris Atkins and Officer Nathan Doty, in a deposition, both admitted under oath that they did not read the EPO in its entirety.
Late Thursday afternoon, WLKY spoke with the attorney representing the Lawrenceburg Police Department.
In a statement, Spencer Noe said, "The Lawrenceburg Police Department did everything correctly. What they did was correct and proper. I'm confident, at the conclusion of this, they will be exonerated."
The trial is scheduled for October.