Misty VanZandt, 26, was recently apprehended in Texas and returned to Sequoyah County on a warrant for felony child abuse. The warrant was issued and recorded on May 8, 2003, in Sequoyah County District Court at the request of the Oklahoma Department of Human Services (DHS). The DHS alleges VanZandt, who is divorced from her husband who is the father of her minor daughter, repeatedly subjected the child to sexual abuse examinations.
VanZandt alleged her ex-husband, Tregg VanZandt of Muldrow, abused their daughter on his visitations every other weekend. Misty VanZandt then allegedly refused to allow Tregg VanZandt visitation rights.
VanZandt was arrested in Gregg County, Texas, and waived extradition. She was returned to Sallisaw on Nov. 13.
The VanZandt's daughter has not been located by police.
VanZandt is now being held in the Sequoyah County Jail in Sallisaw without bond. A hearing on her case is set for Dec. 8 in district court.
Following is a written statement on Misty VanZandt's behalf made by her attorney, Stephanie A. Marston of Oklahoma City.
Marston writes: "On May 6, 2003, a warrant was issued for the arrest of my client, Misty VanZandt, which also ordered that Ms. VanZandt be admitted to bail in the amount of Ten Thousand Dollars ($10,000). Charges of child abuse were subsequently filed against her. The reason my client was charged with child abuse was that she had taken her minor child to be examined by medical professionals for sexual abuse after visitation with the child's father. Sexual abuse has been subsequently confirmed by mental health professionals. Ms. VanZandt has never been charged with fleeing the State of Oklahoma with her minor daughter, which was incorrectly printed in your newspaper in the November 17, 2004, edition. Ms. VanZandt was arrested in Texas on a felony child abuse warrant out of Oklahoma. Ms. VanZandt at first refused to be extradited to Oklahoma because she did not have the benefit of counsel. Once Ms. VanZandt received legal counseling, she waived extradition so that she could take care of the outstanding warrant in Oklahoma.
"On Friday, November. 12, 2004, I posted the full cash bond in the amount of Ten Thousand Dollars ($10,000) on behalf of Ms. VanZandt. Within minutes of posting the full bond the Sequoyah County Court Clerk's Office contacted the Sequoyah County Sheriff's Department to notify them of the posted bond and for them to release the hold on my client. The Sheriff's Department refused to do so without the District Attorney's Office's approval. The Sequoyah County District Attorney's Office refused to release the hold on my client. I was informed by the DA's Office that they contacted Judge A.J. Henshaw Ex Parte [one-on-one or not by conference call] by telephone. I was also informed by the DA's office that Judge Henshaw denied my client bail, even though the full cash bond had already been posted. The DA's Office further informed me that Judge Henshaw said that bail would be denied until my client returned her minor child to Oklahoma. Furthermore, there has been no subsequent Order regarding bail that has been entered in this case. The only "Order" is a "sticky note" from the DA's Office stating "No Bond til...child recovered as per J. Henshaw." All of this was done Ex Parte and done AFTER the full cash bond had already been posted. Sequoyah County is illegally holding my client. They have no legal authority for keeping her in jail after she has already posted a Ten Thousand Dollar cash bond. They are trying to punish her by denying her bond for not returning the child to the State. The purpose of bail is not to punish the defendant, but to ensure that a defendant will appear at all future court proceedings.
"On Monday, November 15, 2004, I filed an Emergency Petition for Writ of Habeas Corpus, of which I have included with this statement to have my client released from being illegally detained.
"Sequoyah County has continued to violate my client's rights and abused their authority by not releasing her on an already posted full Ten Thousand Dollar cash bond. They have no legal authority to continue to hold her without bond. Furthermore, I must impress upon you and to the public that my client is presumed to be innocent of all charges, and will present her defense in a court of law. There will be evidence presented at trial to exonerate Ms. VanZandt of the pending charge."
