Ruling in Alamo Case : 3 Boys From Sect Granted to Fathers

Two Orange County men won custody of their three sons Tuesday in the aftermath of a raid by authorities in which the boys were removed from a religious commune in Saugus.

The boys were living with their mothers at the commune, run by fundamentalist Tony Alamo.

Robert Alan Miller, 36, and his brother Carey Miller, 34, told Orange County Superior Court Judge Richard O. Frazee that their sons, ages 4, 10, and 11, were beaten and emotionally abused while living with their mothers at the commune.

In addition to awarding custody, the judge ordered both marriages ended as of Oct. 30, 1988, denied visitation rights to the mothers and ordered the women not to come within 200 yards of the boys’ homes or schools.

Neither Robert Miller’s wife, Susan Miller, 30, nor Carey Miller’s wife, Carol Ann Miller, 35, contested the divorces. According to the men’s attorney, Sidney Radus, lawyers for the wives had sought to delay the hearing early Tuesday, but neither the women nor their representatives appeared in court. Frazee said he found “no compelling reason” to delay the hearing.

“Justice has prevailed,” Radus said.

The three boys have lived with their fathers in Orange County since March when authorities, acting on a court order, raided two facilities of the commune in Saugus northwest of the San Fernando Valley and seized the children.

Orange County Superior Court Judge Ronald E. Owen later gave the men temporary custody pending a hearing.

The fathers fled Alamo’s organization last September, saying they feared for their lives. But the boys’ mothers stayed behind.

Carey Miller, the father of 11-year-old Jeremy Justin Miller, had told authorities his son was hit 140 times with a paddle because he had not looked his elders in the eye when talking to them. Robert Miller also claims that his two sons were severely disciplined.

Four Alamo followers were arrested on suspicion of felony child abuse, but the Los Angeles County district attorney’s office decided not to file charges against them because of a lack of evidence.

Carey Miller said the judge’s ruling should make the children’s lives more normal, but he still fears retaliation from members of the Alamo organization.

“There is a chance” they could retaliate, Carey Miller said. “You can never put your guard down completely, but we are living our lives as normal as possible.”

The Tony and Susan Alamo Foundation, which has 350 to 400 members, originated in the 1960s and earned a reputation for spreading the gospel among young dropouts roaming the streets of Hollywood.

The Alamo Foundation, which has been the target of numerous government investigations over the years, lost its tax-exempt status after the Internal Revenue Service concluded that it was primarily a money-making enterprise that takes much of its members’ income. The foundation is appealing the decision.

Leaders of the foundation say the organization aids the down-and-out by giving them work at its communes.