December 23, 2010 A.M. Costa Rica Newspaper

Defensoría moved to halt return of U.S. child By the A.M. Costa Rica staff The Defensoría de los Habitantes said Wednesday that it has filed a habeas corpus action to prevent a U.S. child from being returned to her father in Missouri. The Defensoría said that it wants the Sala IV constitutional court to declare that during the long legal process the Hague Convention on Civil Aspects of International Child Abduction was interpreted incorrectly. A judge ordered the return earlier this year. The father, Roy Koyama, has been waging a legal battle to recover his young daughter who came to Costa Rica with her mother.  The Defensoría states without attribution that he has been guilty of domestic violence, something he has denied. Koyama said earlier this month that he is the first person to receive a judicial decree here based on the Hague Convention. He raised money to bring home the child accompanied by a Costa Rican child welfare escort. The Defensoría also went to bat this month to win a pardon for a woman who had admitted she helped kill a family member in a dispute over witchcraft. The woman claimed she could not understand the legal process where she admitted her guilt because she is a member of a native group and does not speak Spanish. Instead of having the courts order a new trial with an interpreter, the Consejo de Gobierno issued a pardon. Three men also sentenced in the case, including the woman's husband, remain in prison. The Defensoría praised the pardon. The independent Defensoría also supported Chere Lyn Tomayko in her effort to avoid U.S. justice for child abduction. In that case, then-security minister Janina del Vecchio awarded the woman refugee status based on her claim of domestic violence. The U.S. judge involved in the Texas case then told the daily La Nación that he was unaware of any domestic violence claim. The Hague convention basically says that child custody cases should be handled in the country and by the judge that became involved initially.  The aim is to prevent a parent from shopping for a jurisdiction and to burden unfairly a parent who might be forced to present a case in a distant land. In Koyama's case, a Green County, Missouri, court judge granted Koyama sole custody, but the mother claims she never was served and was unaware of the suit. She was in Costa Rica at the time. On a Facebook page the woman, Trina Atwell McCall, accuses Koyama of drug use, all kinds of abuse, including sexual, and violence. She had a sister in Costa Rica, which is why she came here. She and Koyama were not married, but the Defensoría notes that the child, Emily Alina, carries his last name. The mother also is called  Trina Atwell Chavarria. The woman fled Feb. 9, 2009, to come to Costa Rica. The child was seven months old at the time. The Defensoría said that the Hague Convention was interpreted incorrectly because the court decision to return the child is a violation of the rights of women and children. Among other arguments, the Defensoría said that the child has lived longer in Costa Rica than in the United States and that the mother fears that the child will be a victim of violence. The agency said it expected a court decision shortly. Although the Sala IV is in recess for the Christmas vacation, there are magistrates on duty who can issue a temporary order. The action probably will delay any return of the child until the full court can hear the case in January.

Christmas - for the Left Behind Parent of an International Kidnapping Crime

This year was getting really exciting to think we might actually have our princess home to unwrap gifts for the first time with us.  Hope for the best and prepare for the worst is what I am told. I wanted it to fall on deaf ears so I could actually get excited to see my baby with a short time.  She was ripped form my life 22 months ago and I haven't been the same man since.  I truly feel an emptiness inside my body, and it began to fill up about 10 days ago when I go the news.
Now I am finding that tK has more time to plot and make maneuvers that can delay this even further.  The end result is not coming out in her favor, day by day, minute by minute... and don't think I haven't given the authorities every little ounce of information to make this happen sooner.

I was feeling bad about what is going to happen to Trina, because she is the mother of my baby, but after sitting in my car sobbing for several minutes, thinking how she has affected all of our live forever, and to be branded the family with a kidnapper in it... this is still going to be a long journey.  I've read how this directly effects EVERYONE, and especially the children involved.

I can only ask you one time Trina, contact Don Locke ASAP (he gave you his private number).  The FBI Warrant is still in the works, and when it comes down to Greene County, they are not considering dealing with you while you are in hiding.  Expose yourself, call Don so he can meet you somewhere, go to the Embassy, meet the escort that will be accompanying you with Emily to the Springfield Airport. You are only responsible for your airfare.  We need to act swiftly before you do get the Federal Warrant, because if you do get locked up, it'll be federal time. Do what is right for Emily now, not what you think is right, but what is really right... You know exactly what I mean...

I pray for the two of you for a safe journey back home so Emily can have her entire family in her life.

Please

I am grateful to be a part of the Official WATCH D.O.G.S program

A message from church...

I attended church this morning and received a wonderful message about God. I want to share the message with everyone. I believe if kidnappers had God in their life, really had him in their hearts, that we would see a decrease of child abduction.

Sunday Morning Dec. 19, 2010

This is Sunday morning Dec. 19, 2010.
I want to share my feelings and experiences with you as the reader to see how I am dealing with the delay of getting Emily home.  Life is not over, and God, Church, and prayers will help anyone make it through anything imaginable. Thank you for your time, and God Bless the families and children in the world that are suffering today.

Sitting tight...

Today I am sitting tight just waiting for the word from the judge in Costa Rica, the FBI, and Interpol to see where my case is about to go.  I find that my story is not very unique except for people, places, and things that can be interchanged from my story to the next International Parental Kidnapping case.  I have been learning over the past 22 months on how to be strong for my self, my children, and still never give up on the future.  It's been a roller coaster of emotions every day and sometimes I get lucky and make it a week without some type of low.

Life has chosen me to be a strong father and a good example of fortitude in tough times.  I am not close to being a perfect individual, but I know how to make it through the good, the bad, and the ugly.  My goal is to inspire other LBP's to reach out for help and to never stop reaching out when things look really bad.

I am currently awaiting the return of my daughter Emily Alina Koyama from the country of Costa Rica, where she has been held as a prisoner by her mother.  Emily has been isolated the entire time with minimal contact with her mother, and has had to learn Spanish as her primary language to communicate.  My daughter is a Blond haired, blue eyed little princess being held captive in a country where she is by far the minority. 

Emily was ordered to be returned to the US by a judge in Costa Rica, and now her mother is on the run again to avoid facing the truth about her actions almost 2 years ago.  The kidnapper has been charged with a felony parental kidnapping in the US and is now possibly facing Federal charges called a UFAP (Unlawful Fleeing to Avoid Prosecution) which will escalate the trouble the kidnapper will face. 

I have learned that when it comes to kidnappers, they believe/live their lives to the very end...  it is amazing to read the emails from the kidnapper and how she things she is in the position to make demands on how things will be handled from custody, to lifting warrants, and the return of the child.  It's as she is living in a dream state and thinks she has full control over what happens next.  Well... thanks to the judicial system in Costa Rica, she has been able to just about do what she wants with no penalties or charges yet.  I say yet, because I know her latest escapades haven't earned her any friends in either the US or Costa Rica.  She is setting herself up to become an example of what not to do when the legal system has made specific orders on a return of a child back to the country of origin. 

I have done all I can to convince her to turn herself in and come back to the US, but she still believes she is doing the "right" thing by hiding and claiming she is not hiding from anyone and that she is where she has always been (on the run in my opinion).  It's just a matter of time before she gets caught, and all the people that have been helping her will most likely be facing federal charges as well (it's called aiding and abed-ding  a fugitive for those of you about to go to jail for this).  I wonder how long her support system will hold once they know they will be charged with crimes and face time in a Costa Rican jail?

So, for now, I'm sitting tight just waiting for some news... FBI warrant, Interpol warrant, and some good old fashion Contempt of Court charges.  By then it'll be too late for her to get any type of deals for charges to be lessened or dropped.  I pray the kidnapper comes to her senses and gives up sooner than later...

Special thanks to:

my friends & family
NCMEC (National Center for Missing and Exploited Children)
Greene County Sheriff's Office
Chad Courtney - Courtney and Mills Attorney's at Law
Belasario Solano - Court appointed attorney in Costa Rica
the Office of Roy Blunt
Department of State
US Embassy in Costa Rica
bringseanhome.org
Karl Hindle
and anyone else out there with children in their life, and your prayers...