Record No. 1389-96-3

IN RE: SHAMEMA HONZAGOOL SLOAN

Ismail Sloan,

Petitioner-Appellant

-against-

CHARLES AND SHELBY ROBERTS

Respondents.

MOTION FOR THE APPOINTMENT OF COUNSEL IN THIS APPEAL

Comes now Ismail Sloan and states:

I am the father of the subject child, Shamema Honzagool Sloan. I hereby move for court appointed counsel in this case. I previously had court appointed counsel, James H. Massie III. However, he was unable to appear at the last hearing in the court below.

As this court should be aware, I was previously sentenced to five years in prison on this case. Charles and Shelby Roberts also filed civil suits against me, which they pursued while I was in prison. When I got out, I was forced to file for bankruptcy because of the judgments obtained by the Roberts. Also, my mother's house, in which I had been living prior to my arrest and imprisonment, was confiscated my Judge Gamble while I was in prison. The house was sold and the proceeds of the sale have entirely disappeared. Also, my mother, Dr. Helen Marjorie Sloan, was taken prisoner and locked up. I do not know where my mother is or whether she is even dead or alive. (I am sure that the respondents in this appeal know this information, but they are not going to provide it to me.)

Also, the bank account which I had back in 1986 was frozen by Judge Miller. That freeze is still in place ten years later. I believe that the bank actually gave the $3000 which was in my personal account to my brother, who is involved with the Roberts and has testified against me in their behalf.

All of these circumstances, plus the fact that I have six children to support (not counting the child, Shamema, who was actually kidnapped by the Roberts) has left my family in poverty from which I am unable to extricate myself for the reason that, every time I get money, I have to spend it to try to get my daughter back and to deal with the various legal problems all of which have been caused by the respondents here.

Meanwhile, the Roberts have their own court appointed counsel, even though they are clearly not entitled to one. Even though Lisa L. Schenkel was theoretically appointed by Judge Janow as counsel for the mother, Honzagool, it is well known and obvious that she is the de facto counsel for the Roberts. For example, at the court hearing which is the subject of this appeal, Lisa Schenkel argued that the Roberts should be allowed to have custody of my daughter because the Roberts are good Christians, whereas the actual parents of Shamema are Muslims and Muslim men are allowed to have four wives. In making this argument, she slandered her own supposed client and attacked her client's religion, because Honzagool, the mother of Shamema, is a Muslim and is married to a prominent lawyer in Pakistan, Raja Abdul Rashid, who has at least one other wife. Honzagool has three other children by that man. In the six years that she has been on this case, Lisa L. Schenkel has never adopted a position in any way contrary to the wishes of the Roberts.

This case should be treated as a case involving the termination of parental rights, in which I am clearly entitled to the appointment of counsel. Every right which a father normally has been taken from me by the order which is the subject of this appeal. I have no right to visit my child, I have no say so in the education, religion or upbringing of my child. All of these rights have been given by the court below, not to the mother, but to Charles and Shelby Roberts, who are not parents or even relatives bit rather who are kidnappers who acquired possession of this child by paying $40,000 to a professional kidnapper to kidnap this child.

On February 20, 1996, at the conclusion of the trial by the court below, Judge Kenneth Trabue directed that I be given visitation with this child and directed J. Thompson Shrader, who had been appointed by Judge Janow as guardian ad litem for my daughter, to implement and set up that visitation. It later became apparent that Mr. Shrader was refusing to do so. Also, Mr. Shrader was directed by Judge Trabue to prepare an order in accordance with the decision of the court for the judge's signature. Mr. Shrader did not do that either. At first, Mr. Shrader gave the excuse that he had been unable to do so because his mother was ill. However, as time wore on and Mr. Shrader was actively practicing law every day in his office, it became apparent that this was just a contrived excuse. I complained to Judge Trabue about this and Judge Trabue wrote a letter to all counsel. Finally, more than two months after the trial, Mr. Shrader submitted a proposed order, but one which was completely contrary to the decision which was announced in open court. Judge Trabue, obviously under pressure not only from Thompson Shrader but also from Judge Janow and Judge Gamble, the criminals who conspired to have my daughter kidnapped in the United Arab Emirates in the first place, reneged on his decision and denied me all visitation with my 14 year old daughter, whom I had raised until she was kidnapped from me at the age of nearly nine.

For these reasons, I request that counsel be appointed to represent me in this appeal.

VERIFICATION

I, M. Ismail Sloan, I have read the foregoing declaration and know the contents thereof. The same is true of my own knowledge, except as to those matters which are stated upon information and belief, and, as to those matters, I believe them to be true. I declare under penalty of perjury under the laws of California that the foregoing is true and correct.

Dated: July 20, 1996

Respectfully submitted,

_______________________
M. Ismail Sloan
2420 Atherton Street, Apt. 6
Berkeley, California 94704
USA

Tel: (415) 292-7711
FAX: (415) 929-7500
E-Mail: Kaneyasu@aol.com

Copy to: Charles and Shelby Roberts
420 Amelon Road
Madison Heights, VA 24572

J. Thompson Shrader
Court appointed attorney for Shamema Honzagool Sloan
P. O. Box 428
709 South Main Street
Amherst, Virginia 24521

` Lisa L. Schenkel
Court appointed attorney for Honzagool
1602 Graves Mill Road
P. O. Box 11315
Lynchburg, Virginia 24506

Honzagool c/o Raja Abdul Rashid
House No. 252, Street No. 52
F-10/4, Islamabad
Pakistan

CERTIFICATE OF SERVICE

This is to certify that on July 20, 1996 the undersigned served the within motion by mailing a true copy of the same addressed to:

Charles and Shelby Roberts
420 Amelon Road
Madison Heights, VA 24572

J. Thompson Shrader
Court appointed attorney for Shamema Honzagool Sloan
P. O. Box 428
709 South Main Street
Amherst, Virginia 24521

` Lisa L. Schenkel
Court appointed attorney for Honzagool
1602 Graves Mill Road
P. O. Box 11315
Lynchburg, Virginia 24506

Honzagool c/o Raja Abdul Rashid
House No. 252, Street No. 52
F-10/4, Islamabad
Pakistan

______________________
Samuel H. Sloan