Father of missing Hoggle children seeking to lift judge's order, allow police to question mother

ROCKVILLE, Md. - Nearly two years after two Montgomery County children went missing, Jacob and Sarah's Hoggle's father is not giving up hope in finding them.

Troy Turner is gathering signatures on a petition asking for an interrogation of their mother, Catherine Hoggle. She is currently in a psychiatric facility and is the last known person to see the missing children.

Jacob and Sarah were just 2 and 3 years old when they went missing on Sept. 7, 2014. In a change.org petition, Turner said their mother's rights are being protected over the rights of his innocent children. He can't understand it and he is begging the judge to help so the family can have a chance at getting some answers.

"My kids have no place in the courtroom," said Turner. "They have no voice in a case that is about them being taken."

The children both disappeared while in their mother's care. Turner said whether they are alive or dead, they deserve to come home.

Catherine Hoggle has been diagnosed with paranoid schizophrenia and is refusing to tell the family where she left them. She has repeatedly been found mentally incompetent to stand trial by her doctors.

The judge denied a request by prosecutors to have a psychiatrist conduct an independent competency evaluation. Due to an order by the judge, police are unable to question her about the whereabouts of the children.

Catherine Hoggle's attorney told FOX 5 while he is sympathetic to what the family is going through, at this point, the court proceeding going on right now is not designed to find the children. It is a criminal proceeding seeking to sanction her for her alleged conduct. He said the judge's order is a confirmation of her constitutional right to remain silent.

Turner said there is a question he would like to ask the judge.

"If they were his kids and there was another judge ruling, would he want it ruled the same way or would he rule the same way if they were his children?" he said. "I kind of doubt it. I can't imagine he would."

Turner also added, "When I have spoken to the lead detective, they feel that there is a good possibility obviously that we would get up there and she may not say anything. But at the same time, having the ability to do it is a tool, and in this case, we need every tool we can get ahold of."

"For anybody to think that an incompetent person, someone who can't even understand and can't participate in her own legal defense, would have the ability to explain where somebody is now and the last time they saw them was two years ago - though I understand the desire, if people just spend the time and think it out, it really doesn't make a lot of sense," said David Felsen , Catherine Hoggle's attorney.

So far, the online petition has been signed by more than 1,500 people. Whether or not it brings about any action, Turner wants to keep the spotlight on his kids.

He and his family also run a website and a Facebook page devoted to gathering tips. He also drives around with Sarah and Jacob's missing poster still attached to the side of his car.

Turner said another hearing on Hoggle's competency is set for late September.