A Tompkinsville, Ky., grandfather speaks out on why he said the system failed his grandson.
Loy Milam said his five-year-old grandson returned home from a visit at his father's house severely bruised on his backside.
Kentucky State Police arrested Michael Graves on criminal abuse and drug charges, but his charges were later dismissed by the county attorney.
Milam can't understand why the charges were dismissed when he feels he has undeniable proof of abuse.
"What would you do for your grandchild in order to get justice," Milam asked.
He is pleading with anyone that will listen and he's taking his case public.
Milam has dedicated hours to a website www.hayjayfarms.com. It documents his proof with pictures like the one below.
"The whole backside was bruised up his leg," Milam explained.
Five-year-old Hayden said during a visit to his father's around Easter he was abused by his father's girlfriend.
"She smacked me with a belt and bruised my legs," Hayden said, then puts his head down.
Milam is especially protective of Hayden who at weighs only 29 pounds. He suffers from Russell Silver Syndrome, causing him poor growth and low birth weight.
Milam said they didn't notice the bruises at first, but immediately contacted Kentucky State Police afterward.
During KSP's interviews with Hayden's brothers and sisters, they all said he was hit by their father's girlfriend.
"... And we didn't coach them when they were interviewed," Milam explained.
Graves' girlfriend wasn't arrested, but he was. Yet, his charges were dropped by Monroe County Attorney Doug Carter.
"The investigating officer thought there was enough evidence to charge him. Doug Carter thought there wasn't enough evidence to charge him," said Dwayne Barnett, Kentucky State Police Public Information Officer.
WBKO tried a number of times to get in touch with Carter on the phone. We went to his office to speak with him in person and his receptionist said although there is another side of the story, the attorney is not willing to comment.
Milam is outraged. He's lived in Tompkinsville more than 30 years and believes the system has failed his grandson.
"I don't ever want them in this situation again. I'm gonna do something about it," Milam said.
At this time, there are no charges pending in court for the accusations of child abuse.
The Milam's feel they have just one chance to change their grand children's lives. On May 22, 2007, the Cabinet for Human Resources will take their supervised visitation case to court with the same county attorney's office that initially dropped the charges against Graves.
On May 23, a custody hearing in circuit court will be presented to Judge Lovelace.