VanZandt has been held in the Sequoyah County Jail in Sallisaw for the past eight months on the child abuse charge, and continues to refuse to reveal the location of her 7-year-old daughter, as ordered by the court.
Ty Clevenger of Washington, D.C., one of VanZandt's attorneys, said Thursday that a motions hearing for the change of venue request in the juvenile matter is set for Monday.
VanZandt fled the state with her daughter after a divorce two years ago, which allegedly violated the visitation rights of her ex-husband, Tregg VanZandt.
Misty VanZandt alleged that her daughter had been sexually abused after each visit with her ex-husband, according to court records. Your TIMES was unable to reach Tregg VanZandt's attorney for comment.
Court records in the criminal case against VanZandt indicate that she allegedly took the child on repeated visits to the doctor for alleged sexual abuse despite no evidence to verify the claim. An investigation by the Department of Human Services (DHS) ensued, along with the subsequent May 2003 charge against VanZandt for subjecting her child to "unwarranted sexual abuse examinations." VanZandt was apprehended in Texas in October.
"She did take her child to the doctor a whole lot," Clevenger said. He said that her child has acute asthma, and of the 60 times she took her to the doctor, only nine are related to sexual abuse.
Jeff Sheridan, Sequoyah County assistant district attorney, said Thursday evening that the district attorney's office is currently "reviewing the merit of the criminal action against VanZandt."
Clevenger said there are three layers of VanZandt's situation, including the criminal charge against her, the DHS/juvenile case, and a custody and visitation issue. He said the criminal case and the juvenile case overlap, and he said he expects the criminal case to soon be resolved.
Sheridan said VanZandt is being kept in jail on the custody, juvenile, and criminal cases. He noted that if the criminal charge is dismissed, VanZandt will still remain in jail on a contempt charge for not revealing the child's whereabouts. She is currently being held on no bond for contempt. Her bond was previously set at $250,000.
Misty VanZandt's attorneys and family say that there is evidence her child was sexually abused, and friends of VanZandt launched a Web site Thursday to support her.
Misty VanZandt's mother, Robin Ruth of Roland, said the Web site was posted by friends because her daughter "can't get anything done in Sallisaw." Ruth said she hopes the Web site will "open everyone's eyes to the truth.
"Everyone is trying to sweep it under the rug," Ruth said. "No one wants to tell Misty's side of the story."
Ruth said VanZandt won't reveal the location of the child because she is afraid DHS will take custody of her child and give the child back to her ex-husband.
"She is trying to protect her daughter," Ruth said.
Clevenger said his client does not trust DHS. "Frankly, under the circumstances, I don't blame her," he said.
Clevenger said the change of venue request was made because they believe there has been too much publicity regarding her case.
"It's a very bizarre case," Clevenger said.
Clevenger became involved after friends in Texas who knew VanZandt contacted him.
Clevenger said VanZandt has told him that she is willing to sit in jail until her daughter is 18 to make sure she isn't abused again.
"It (the case) appears to be at an impasse," Clevenger said.
