This is an important post. It shows the lengths some people while go to in order to stop the free speech of bloggers. Thankfully, Todd Wilhelm is made of sterner stuff and prevailed. I wrote about the Berrys here. In that post, I stated that I believed, from the evidence, that this couple had burned their little foster daughter. However, this now convicted couple (a felony offense) claimed that they had merely hit the child with a spatula.
Caleb and Mary Beery Unsuccessfully Attempt To Silence Author of “Thou Art The Man”
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
-First Amendment to the Constitution of the United States of America“The First Amendment to the Constitution protects five basic freedoms: freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and freedom to petition the government. These civil liberties are the cornerstone of our democracy.”
I begin this article with a sincere apology to former San Tan Reformed Baptist pastor Frank Urquidez. I assumed he mishandled the Beery’s case. I was wrong. I also apologize to a commenter named “SavedByGrace” a member of the San Tan church, who in the comment section to this article patiently insisted that church leadership handled the case properly. He was right, I was wrong.
This morning I spoke with an individual who also attended the San Tan church and this person confirmed that Urquidez handled the Beery case correctly. I was also informed that the Beerys, contrary to reports found in court documents actually received excellent pastoral care; and loving care and concern from all the church members after their abuse of the infant child in their care became known.
I personally did not need any convincing that pastor Frank Urquidez handled the matter properly after I read the police report which was part of the official court records. ( With the exception of the Beery’s statements, I believe all the information contained in the Police Report.) You can read the report here.
So, again, I apologize to Pastor Frank Urquidez and actually commend his actions as a model for other pastors to emulate when it comes to the correct way to handle child abuse in the church.
It is my understanding that Frank Urquidez is no longer in the ministry. Meanwhile, pastor Rob Holmes returned to John Giarrizzo’s “Grace Covenant Church.” (I recently wrote about the large-scale desertion of pastors, staff, and members from Giarrizzo’s church. You can find that article here. I have checked the GCC website and Rob Holmes has been preaching there. Need I say more?)
Now, on to the subject matter of this blog, specifically the Beerys attempt to silence me by infringing on my First Amendment rights.
Mary and Caleb Beery in happier days.
On Tuesday morning, November 13, 2018, a deputy from the Pinal County Sheriff’s Department came to my house and served me with two Injunctions Against Harassment, one from Caleb Beery and one from Mary Beery. You can view the documents below. The document contained a court order which, among other things, prevented me from “posting or texting on social media regarding the plaintiff.”
If you go to this link, you can read the Injunction Against Harassment on Scribd
I was now effectively guilty until proven innocent! This whole process seems a bit anti-American to me. I didn’t realize that two convicted felons could whine about me writing on my blog about their criminal actions and a Justice of the Peace would then revoke my Constitutional right to free speech until such time as I requested a hearing and got the injunctions dismissed. But such was the case.
Not wasting any time, I proceeded to the Justice Court immediately and requested a hearing. Knowing that the wheels of justice generally turn quite slowly I was pleasantly surprised to be issued a date and time for the hearing right after I turned my paperwork in. My hearing was scheduled for Monday, November 19, 2018.
Fast forward to Monday the 19th and I was surprised to find the Beerys appeared at court in street clothes and unaccompanied by a deputy. They were to have reported to jail to begin their six-month sentence on Sunday, November 11th. Obviously, they had somehow gotten their reporting date pushed back. (More on that later.)
Caleb and Mary wrote the same things on their injunction forms about me. They claimed that I published “false and damaging information about me and the charges filed against me.” In the hearing, Caleb stated they never scalded the baby girl in their care. He maintained their narrative that they “only” spanked the baby girl with a spatula excessively hard. So as I understand it, the Beerys are claiming that the false information I wrote about them and the charges were that they scalded the fourteen-month-old baby girl in their care. Once again I refer the reader to the Police report contained in the Presentence Investigation which is part of the official court record of the Beery case. Please read the highlighted sections below and determine whom you believe – the Beerys or Deputy Lynse, the medical professionals at Banner Ironwood Hospital and Mr. Ryan, the adoptive father of the baby girl whom the Beerys plead guilty of abusing.
As to the “damaging information,” Caleb Beery testified in the hearing that he was fired from his job because of what I wrote on my blog. He said the first thing that comes up when you Google his name are my blog articles. I admit my blog often turns up high on the list when you Google any number of so-called Christians who have abused children but am I really the person to blame? Refresh my memory, did the Beerys not each plead guilty to two counts of Class 6 Felonies of child abuse? I make the best effort I can to be factual in my reporting and take much time and effort to conduct research. Again, I just listed above a document which has two versions of what happened to the baby in the care of the Beerys. Who are you going to believe?
Allow me to add some further evidence that would seem to impeach the trustworthiness of the Beerys version of events. Below is a screenshot of a court document filed by Bruce Feder, the attorney for Mary Beery.
Would it be more reasonable to believe that the prejudicial photographs of the baby girl’s injuries resulted from spanking her with a spatula or dipping her bottom in scalding hot water? Does anyone know of a person scared for life from receiving a spanking with a spatula?
Additionally, I was told today by a former member of the now-defunct San Tan Reformed Baptist Church that the Beerys never once allowed a nursery worker to change the diaper of the baby girl in their care. Why not? I believe the answer is evident. So does the individual whom I talked to. This same individual told me the Beerys initially repeatedly stated to San Tan Reformed Baptist Church members that they would not plead guilty to the charges because they were innocent, but once they realized that the State had photographic evidence of the injuries to the infant girl provided by the Department of Child Safety they changed their tune. Suddenly the claims of innocence ceased, and obviously, the Beerys plead guilty to the charges they once claimed they were innocent of.
As to it being my fault that Caleb Beery lost his job, well that sure seems to contradict what many of the Beerys supporters wrote in their letters to the Judge. For example, Trey Richardson, in his original letter of support which he has now retracted, wrote:
“While at the same time they have always taken full responsibility for their past actions with her, and not directed blame to anyone else in this.”
Uhm, yeah, not so much.
Beerys are supposed to be allowed to participate in the work release program while serving their six-month jail sentence. (Rather tough to do when you don’t have a job!) Below are what Pinal County requires from inmates who request to participate in the program. Notice what the employer is required to provide. What boss, when asked to provide this information is not going to exhibit a normal amount of curiosity and do a little checking into what exactly it is that has landed his employee in jail?
Further, what employer is going to want a felon who plead guilty to two counts of child abuse on the payroll? But yeah, it’s my fault that Caleb lost his job.
The bottom line is my faith in the American justice system was somewhat restored, the injunctions against me were dismissed. (I say somewhat because here are the laws on what is supposed to take place prior to an injunction against harassment is issued. I can say some of these requirements were not met.)
This link will take you to the Dismissal of the Injunction on Scribd
Meanwhile, as I suspected, the Beerys have been granted a delay in their reporting date to the Pinal County Jail. I imagine Caleb is having a tough time finding work as a convicted felon, a task not made any easier by the fact that his new employer would have to put up with the restrictions placed on the jail-bird by the work release program. I think of the poor baby girl scared for life by the Beerys and I don’t have much sympathy for the Beerys.
The Beery’s hearing is on Friday, December 7, 2018 at 1:30 P.M. at the Superior County Courthouse in Florence, AZ. Here’s hoping the Judge determines he has cut the Beerys enough slack and sends them straight to jail to serve their 180 day sentences.
Just remember, when they have completed their sentences the scarred buttocks of the infant girl the Beerys abused will not have faded.
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Now let’s get down to the serious comments.
GETTING SMACKED BY A SPATULA DON’T PUT YOU IN THE BURN WARD WITH YOUR SKIN PEELED OFF FROM SECOND-DEGREE BURNS!
(Unless of course the docs at the burn ward were Part of The Vast Conspiracy just like the cops and courts. If your Conspiracy Theory doesn’t fit the facts, Invent a Bigger Conspiracy. You just know that’s gonna be the spin…)
It was conspiracy of those evil bloggers who insist on posting documentation.
These two seem to have a longtime association with the ‘Building Tomorrow’s Church’ Reformed Baptist conference for young adults.
Mary Wesner Beery giving a report in 2008 to her ARBCA church in Indiana after attending the first BTC conference in Prescott, Arizona in 2008:
http://www.gfcbremen.com/sermon-archives.html [audio, scroll down]
Caleb and Mary Beery pictured with a group of young ladies at a more recent conference:
https://www.facebook.com/buildingtomorrowschurch/photos/a.10153120434531748/10153120438061748
Here is the conference website. It’s featured James White and various other Reformed Baptist bigwigs. Lots of Calvinist dogma taught, but apparently not enough on basic human decency?
http://www.buildingtomorrowschurch.com/about-1/
“Plausible Deniability”, a term familiar to those of us who witnessed to Nixon Administration, is what these felons are looking for. That is why they did not go to trial. They realize that scalding a child is indefensible, so they are trying to inject doubt. “They were not convicted of scalding a baby as punishment, they would never do that. They were just overzealous in disciplining a little sinner.”
Doesn’t matter to them that they had the injunction dismissed, because they will keep pointing to their glorious defense of their righteousness. Their kinfolk of true believers will accept their argument, because to do otherwise would be admitting they are monsters.
“Building Tomorrow’s Church” as in “Tomorrow The World!”?
In the Winter 2011 ARBCA Update, John Giarrizzo explained what the BTC conferences were all about:
“This yearly conference was the brainchild of my son, David Giarrizzo, who, at the age of 23, began formulating thoughts for such a ministry…David was troubled to see some of his old friends from high school drifting away from the churches in which they were raised…’How can we encourage those being raised in Reformed Baptist churches to stay there and to embrace the faith of their fathers?’ he pondered. As more young adults left Grace Covenant to join non-reformed churches, David’s desire intensified for a conference…When the ARBCA General Assembly came to Mesa, Ariz., in 2007, David was granted permission to explain the concept of this conference to the gathered delegates. After receiving advice and encouragement from many of the delegates, David developed a steering committee to help set a course for promoting a conference…”
Isn’t Voddie Bauchum the one who calls infants “vipers in diapers”? He would probably be overzealous in discipline, too.
1) So typical of us Reformed – one solution (a conference) to every problem. :-/
2) I don’t suppose it occurred to any of them to ask those folks *why* they were leaving – but I suspect they were well aware that they would neither like nor accept the answers.
(Since the full post is over here, I’ll copy my comment from the Nov 30 announcement of the post:)
Todd writes, “I was now effectively guilty until proven innocent! … I didn’t realize that two convicted felons could whine about me writing on my blog about their criminal actions and a Justice of the Peace would then revoke my Constitutional right to free speech until such time as I requested a hearing and got the injunctions dismissed.”
In court, was this case about freedom of speech, or freedom of the press, or something outside the First Amendment?
The issue here is the local officials’ decision to pursue a blogger. In general, though, people have restrictions and penalties before hearings all the time, even though they remain innocent until proven guilty.
It’s a relief to know that things worked out as they did.
I took this to mean biological fathers, although it might be meant more broadly.
Whose faith, if anyone’s, do we embrace? I think of my grandma, equal parts pepper and affection. More quietly, behind her, sits a sweet-tempered yet prankish grandpa. They suffered from poverty and illness but breathed not a word, facing life with patience, grit, and hope. They knew the Bible inside out but refrained from reciting it at us. They lived exemplary Christian lives without ever pointing out how Christian they were. Loving and giving meant far more. I wish I had a tenth of their wisdom.
Wow, injunctions served for reporting on public court actions. Glad the same thinking wasn’t on display when Todd challenged it.
His was the first name that came to mind (“vipers in diapers” expression and all) when I read Loren’s turn of phrase “their glorious defense of their Righteousness”. That should tell you something.
I can’t believe they thought you were going to come off worse in this exchange Todd, it’s ridiculous. There is just no reasonable doubt that they went beyond spanking (which was absolutely immoral & despicable to start with) & onto something that burnt her…maybe even used a hot spatula, it being an implement normally associated with heat & cooking.
And I also think it’s ridiculous that pictures of the injuries weren’t allowed due to it being ‘prejudicial’…’prejudicial’, is that what they call normal peoples’ reactions to the truth now? They know that with anybody seeing what they did to that poor little girl, they wouldn’t have a legal leg to stand on. Total cowards as well as monsters.
Good for you for not folding. Kids like that need people to stand for them, & stay standing.
When I studied their mugshots (the Beerys) I became convinced that these two miscreants were already predisposed to this kind of cruelty.
All they needed was a little nudging, and the sick and twisted religion they adhere to was glad to provide it.
I’m glad that TWW, Wilhelm’s blog, and others are exposing these fundagelical outfits (reformed or non) for what they are.
Creepy youtube video the Beerys posted recently, of themselves making cookies. With their spatula.
https://www.youtube.com/user/maryrbeery/videos
I’ve always wondered about this. Since I’m not a lawyer, this is worth the retainer you will not be paying me (I don’t have Venmo anyway):
…all evidence is prejudicial to some extent; when lawyers talk about evidence being “prejudicial” we’re usually talking about the standard for excluding evidence that is “more prejudicial than probative” or that is “intended to inflame the emotions of the jury”.
One example is crime scene photos depicting extremely violent or grotesque results of an attack or a killing. … the judge will rule which ones are admissible and which ones aren’t. … the ones which are not admitted are usually the most graphic, such that the defense can make a reasonable case that the jury would convict anyone sitting in the defense chair for the crime after seeing such photos.
https://www.quora.com/What-is-prejudicial-evidence-and-what-are-some-examples
Looks like the risk, in general, is that gory photos = defendant is guilty, even though someone else might have committed the crime, or the victim might have fallen/jumped… In the case of this poor little girl, maybe one would have had to be in the courtroom to understand how that applied.
Jerome,
I left a link as a comment.
Friend,
“Friend”, the Beery’s cut a deal to keep these photos from being seen in court. What does that tell you?
Please don’t mistake me for a supporter of these convicted felons. I just have no idea how their defense counsel advised them under attorney-client privilege, nor do I know details of what the prosecutor and judge said. In the end, they were convicted without the photos, right?
Sketchy use of evidence can lead to appeal, so I would think that prosecutors need to play it safe too. But I’m not Perry Mason, or Hamilton Burger, or even Della Street.
Maybe a lawyer will come online and shed some light on this.
Muslin? Where you at?
Weigh in on this one…
Muff Potter,
I am curious as to what exactly lead you to that conclusion. Serious question, btw.
Watch out, or you-know-who will claim he saw words like “abuse” in here and try to file a protective order.
I left a comment on an earlier post about this, but I think it fits here as well. Second degree burns on her little bum… and crying over diaper changes… that speaks to me about early potty training. I remember hearing child-training advice from hyper-reformed Ezzo followers that included washing a child who had soiled itself in either very cold or very hot water as “consequences that fit the sin.”
Thank goodness I was too busy to devote my time to early potty training, which was a fad a couple decades ago in neo-reformed churches, along with sleep training, pew training, and early academics.
You mean the comment about the mug shots?
Just gut feelings really, I don’t believe they’re (gut feelings) hopelessly corrupted by ‘sin’.
I’m a semi-Voltaireian free-thinker, and in the case of the Beerys, believing in absurdities, it made it easier for them to commit atrocities.
This disgusts me, angers me, this is just sick!!!!! Who hits a 1 year old baby??? A fricken monster!!! A husband wife monster team!!! I just can’t even stomach that these two are in any church! They should be permanently not be allowed to have children or be near any children
Jerome,
We should all make comments on it!
What ever happened to ‘they will know we are Christians by our love”? Jesus said the whole ball of wax is summed up in one word: LOVE. Yes, this means towards children, too! There is a serious problem with love in a big segment of the Christian church, a serious problem with empathy, kindness, patience and humility.
In this segment of the church there are books, child training systems, peer pressure and sermons that espouse brutality towards children. How do you do this to a helpless baby? How do you fool yourself into thinking this has any congruence with Christ’s teachings? It does not! Anyone who is in a place that is influencing you to treat your, or any other, children this way, get out! Get out before it seeps into your soul and causes damage you won’t be able to fix in a lifetime.
How about ‘no lie is of the truth’? The Beerys should come clean and confess what they did. God knows. Tell the truth. Spend the rest of their lives warning people of the disaster these kind of teachings lead to. That’s the only redeeming thing I can imagine coming out of this at this point.
To be clear, they plead guilty. Once it became known that the State had the photos of the infant’s injuries and intended to use them if the case went to trial it was “game over.”
Todd Wilhelm,
In which case the photos should be shown to guide sentencing. Evil evil sods.
And that whole ‘punish a baby with very cold or hot water’ insanity makes the hairs stand up on the back of my neck. Pure sadism.
Thank you.
The trial of James Alex Fields in Charlottesville is in the news this week. Interesting discussion about unfairly prejudicial evidence. The judge has allowed some items that the defense wanted to withhold.
This is awaiting moderation on Todd’s site.
Todd,
I posted once and let it be known that the Beery’s babysat for 2yrs and NEVER EVER abused my children yet disciplined their foster child corporally against an agreement with the state and crossed the line into abuse. The child has been removed, they have repented of it, and the court is dealing with it. I have not seen where you have asked for prayer for them or the child. Christ’s forgiveness is for anyone who asks. Your website is titled Thou Art The Man and that is a reference to the prophet Nathan when he confronted David about his sin with Bathesheba and the murder of Urriah. God forgave David though he had to live with the consequences the rest of his life. His sin was far worse yet he obtained mercy cause he repented. If Mary and Caleb asked for forgiveness God will forgive them and never bring it up again on that final great day. Will you complain to God that it is not fair to forgive them? You need to let it go. You have sinned too and it doesn’t matter if it is in the same vein. You know that one sin is enough for God to damn according to Genesis. You have already been rash in reporting how the good people at the San Tan didn’t do right by the child. You obviously have been ticked off by some reformed people and can’t let it go. Let it go to God in prayer about it and move on with your life. Life is far to short to hold grudges.
Good night, AL! How boldly you judge Todd and how leniently you judge the Beerys. Do you really think you are the first person to throw out David’s sin as a *gotcha?* Did you know that this is a tedious and light reading of the story of David? I wish you folks who try to use this story would demonstrate a nuanced view of things.
For example, God told the people he would give them a king but they wouldn’t like it. I bet the people were disgusted by the actions of their king who not only was a peeping tom, but was a rapist and a murderer. Had David been a priest, he would have been removed from his position. Sadly, he was the king and God allowed political leaders and the kings to stay in office in spite of the fact that most of them *did evil in the sight of the Lord.* It was no longer a theocracy. They got what they asked for.
Yes. God forgives but you need to demonstrate an understanding of what really happened. A child who should never have been born, died. The Beerys are fortunate that God didn’t punish them as he did David.
First of all, you do not know if the couple repented. You claim they have yet they still claim that they didn’t hurt the child using anything more than a kitchen spatula. Yet, the tiny little girl ended up in the burn unit. As a nurse with my husband who is a doctor, we can assure you that little bitty children do not land in burn units for getting whooped by a spatula.
They are still holding onto that story so strongly that they tried to get an injunction against Todd for writing about it. Thankfully, it was dismissed. These actions do NOT speak to repentance in my book. I wonder if they will try to get an injunction against me now for not believing that they have repented. Darned US law-it allows me to say I don’t buy their story and I do believe they need to be in prison to think about this for a little while. Until they show they understand how serious the injuries are, I don’t believe their crocodile tears.
Have you ever heard of the term *sin -leveling?* This is precisely what you are doing and Scripture itself speaks against this. No, not every sin is the same. If you read the Bible you will see that God had differing punishments for different sins. I, for one, would never beat a child so that her bottom would need to be cared for in a highly specialized burn unit. Perhaps you think that you might do such a thing. If so, I would suggest you get some help. There is definitely a difference between cussing at some guy who cut you off and hurting a child so badly.
They just didn’t cross a line. They jumped the line and kept on running if the child’s injuries are any indication. A person who could do that one time might also do it again. I don’t know what is in the soul of a person who could allow this to happen.
As for your Reformed nonsense, Todd is extremely sympathetic to the Reformed point of view, far more than I am. For example, maybe deep down in your soul you think that God wanted that child to get whooped so badly. So, if God wanted it, it must be good, right?
I find your arguments tedious and your attack on Todd ridiculous. Todd is doing what everyone should be doing-standing up against child abuse in the church. You could learn some thing from him. If you would like to discuss the David story more in depth with me, let me know. I’m concerned about the teaching you are receiving at your church.
A.L.,
BTW-That beating of the child was evil-very evil. It makes me sick.
I can’t wait for more comments behind the scenes from some of the Chantry/Beery fans. I am shocked by the level of sickness that pervades this group of people. Good people, my foot!