Wednesday, February 3, 2010
WIFE BEATING; It's not just "domestic violence."
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Showdown in Shawnee County: We finally got some hell instead of corn (Topeka, Kansas)
WEDNESDAY, FEBRUARY 3, 2010
Showdown in Shawnee County: We finally got some hell instead of corn (Topeka, Kansas)
"What you farmers need to do is raise less corn and more Hell." Mary Elizabeth Lease (1853-1933)
Kansas political activist, suffragist, populist, writer, and lecturer
Not too many years ago, Thomas Frank wrote a book called "What's the Matter with Kansas?" where he wondered whatever happened to the spirit of progressive Kansas voices like Mary Elizabeth Lease.
After attending a custody hearing as a court observer in Shawnee County, Kansas last week, I can tell you that Mary's spirit still lives on--in Claudine Dombrowski.
Unfortunately, I also saw that the corruption and special interests that Mary railed against all her life are still with us too.
It's taken me a week to gather my thoughts together, because my experience as a court watcher was inspiring, maddening, frustrating, and revolting--all at the same time.
Claudine Dombrowski is a Kansas mother, a domestic violence survivor, who lost custody of her daughter to her abusive ex-husband, Hal Richardson, in an ex parte decision.
For those of you who are not legal experts, an ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present. Basically we're talking about a legal proceeding brought by one person in the absence of and without representation or notification of other parties.
In the United States--or so we're told--the availability of ex parte orders or decrees from both federal and state courts is sharply limited by the Fifth and Fourteenth Amendments, which provide that a person shall not be deprived of any interest in liberty or property without due process of law.
In THEORY, this has been interpreted to require adequate notice of the request for judicial relief and an opportunity to be heard concerning the merits of such relief. A court order issued on the basis of an ex parte proceeding, therefore, SHOULD necessarily be TEMPORARY AND INTERIM in nature, and the person(s) affected by the order must be given an opportunity to contest the appropriateness of the order before it can be made permanent.
In REALITY, this has never happened in Claudine's case. The ex-parte hearing took place in 2004. Six long years ago. That's an huge piece of somebody's childhood. Since then, Claudine has been on supervised visitation although I NEVER heard Hal Richardson's attorney, Jason P. Hoffman, bother to articulate A SINGLE REASON AS TO WHY. In fact, Claudine has never been accused of or investigated for child abuse, substance abuse, domestic violence, sexual abuse, or any other abuse you can think of.
But more about that later.
The purpose of this hearing was to finally get Claudine unsupervised parenting time and to force the court to follow established Kansas law per Chapter 60, article 16. This states that a parent must be allowed "reasonable parenting time" unless it can be DEMONSTRATED that the parent is dangerous or somehow harmful to the child.
I've mentioned that I did not hear one single accusation regarding Claudine's parenting abilities, much less any evidence, even of the flimsiest sort.
So what did I hear? I heard utterly ALARMING AND FRIGHTENING attacks on Claudine as an outspoken advocate for victims of domestic violence and as a human rights activist. I saw an obsessive fishing expedition orchestrated by Jason Hoffman, who was demanding that the authorship of various domestic violence blogs and websites be publicly revealed--even ones that I know for a fact that Claudine has no connection with. As if being a domestic violence advocate was some sort of act of treason or crime against the state!
Where the hell are we? I kept asking myself. China? Burma? North Korea?
I also witnessed an obsessive line of inquiry as to whether Claudine had removed all references and photos of her daughter from the Internet. Through all this, Hoffman did not produce one piece of timely evidence to suggest that she had not. In short, another ridiculous piece of legal grandstanding.
Oh, and another thing. The specter of ALIENATION! Despite the fact that the father (and his cronies) had limited this mother to supervised visitation since 2004, and that the father had conveniently obstructed all visits since last summer, Hoffman had the nerve to accuse Claudine of being an alienator or potential alienator! Never mind that if ANYBODY should be labeled an alienator, it's Daddy Dearest. For me, this moment crystalized how the whole "alienation" label has become increasingly bogus with every passing day. That Daddy has shut off a child from contact with a non-abusive, fit, and loving mother isn't "alienation." That Mom might have some residual anger or frustration about the situation is. Horse patootie.
One other party in this scam deserves special recognition. Jill Dykes, who has been connected with this case as a guardian ad litem, showed that she was utterly incapable of even the barest appearance of professional objectivity. Throughout the entire hearing, she was literally at Daddy's elbow, sometimes whispering into his ear. This is neutrality? This is the best interest of the child? Though she objected to unsupervised visitation being granted, she produced zero evidence to support her position. There was something about a letter, not written by Ms. Dykes, but by somebody else who was conveniently unavailable for questioning or cross-examination. Such a coincidence. And even that letter was said to be quite old--didn't catch how old.
Generally, her reasoning came down to a distorted circle of pseudo logic: Ms. Dombrowski should be on supervised visitation because...she's been on supervised visitation. Not good enough, Ms. Dykes. Can you come up with better? Didn't think so.
It seemed quite apparent that Mr. Hoffman, Mr. Richardson, and Ms. Dykes thought they could play the same old games and get away with it. And maybe they would have.
Except in the audience, there were a half dozen observers from Topeka, Kansas City, and even out of state, who were scribbling down every word. Because all of us had heard about the blatant constitutional violations in this case, and all us had decided to bear witness to it.
I'll give credit to Judge David Debenham. Maybe he has seen the light, and realized what a legal travesty and constitutional outrage this case has become. Or maybe he just felt the heat, with all the court watchers present.
The end result is that he ordered limited unsupervised visitation. Just two hours on a Sunday to start. And the right to telephone twice a week.
But it's a start. And it's an opportunity for this mother and daughter to start a healing process that is long overdue.
Posted by silverside at 8:41 AM
Labels: child custody, custodial father, custody/visitation, DV, ex parte,Kansas
Technorati Tags: Showdown,Shawnee,hell,corn,Topeka,Kansas,Dads,FEBRUARY,Mary,Elizabeth,Lease,writer,lecturer,Thomas,Frank,Matter,custody,observer,Claudine,Dombrowski,corruption,interests,life,watcher,violence,daughter,husband,Richardson,decision,controversy,person,absence,representation,notification,orders,courts,Fifth,Fourteenth,THEORY,relief,basis,SHOULD,TEMPORARY,INTERIM,nature,piece,somebody,attorney,Jason,Hoffman,SINGLE,REASON,fact,substance,purpose,Chapter,article,parent,accusation,victims,human,rights,expedition,connection,treason,crime,Where,China,Burma,North,Korea,inquiry,Internet,Through,specter,ALIENATION,Despite,father,cronies,nerve,ANYBODY,Daddy,Dearest,moment,frustration,situation,Horse,scam,recognition,Jill,Dykes,guardian,appearance,Throughout,Though,zero,letter,examination,coincidence,logic,Didn,Except,audience,word,Judge,David,Debenham,Maybe,result,Just,Amendments,references,photos,observers,violations,week,parte,visitation,alienatorKS HB 2517 - Completed Submitted written Testimonies Kansas Legislature Feb 1-Feb 2 2010
Note: Cross posted from [blogger angelzfury] Jana's Campaign.
Permalink
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The committee will vote on February 12th 12:00 PM-1:30 PM room 144-S Kansas State house.
[publisher note: If any one has any other material that they would like to be published so that we can get the word out-please Subject line HB 2517
send to AngelFury@AngelFury.org
Claudine Dombrowski- Survivor- Submitted Written Testimony For Domestic Violence Tag Law
Michelle Blasdel- Survivor Written Testimony For Domestic Violence Tag Law proponent HB 2517
Judge Harold Flaigle Domestic Violence Fatality Review Board
Robert Stephan Chair Domestic Violence Fatality Review Board
Kari Ann Rinker KSNOW-Lobbyist
Judge Welch Johnson County Courthouse Domestic Violence Docket
Jenny Marsh Director of Crime Victim Services Kansas Department of Corrections
Ed Klumpp_ Associations of: . Chief of Police_ Peace Officers_ Sherriff’s
Douglas J. Miles Chief Deputy DA Colorado Springs, CO. Domestic Violence Specialist
Note: Cross posted from [blogger angelzfury] Jana's Campaign.Permalink
Tuesday, February 2, 2010
Southern California Judge Denies Protective Order to Mother…Bam! Father Murders Young Son and Kills Himself
California Judge Denies Protective Order to Mother…Bam! Father Murders Young Son and Kills Himself
Filed under: California, Child Abuse, Child Custody, Child Custody Battle, Child Custody Issues, Child Custody for mothers, Child custody for fathers, Children and Domestic Violence, Children's rights, Corrupt Judges, Corrupt bastards, Domestic Abuse, Domestic Violence, Family Court Reform, Family Courts, Family Rights, Fathers Rights,Fathers who murder their children, Getting screwed by the Family Courts, Judge J. David Mazurek, Judicial Immunity, Katie Tagle, Murder, Murder - Suicide, Parental Alienation Disorder, Parental Alienation Disorders,Parental Alienation Syndrome, Stephen Garcia, parental alienation — justice4mothers @ 6:40 pm
Just as other mothers who have feared for the lives of their children, and try and seek protection for them, dear Katie Tagle was turned away. Now her young son Wyatt is dead. From SFGate.com (San Francisco Chronicle):
SoCal father, son dead in apparent murder-suicide
Sunday, January 31, 2010
01-31, 18:38 PST HESPERIA, Calif. (AP) –
Authorities in San Bernardino County say a 25-year-old father and his 9-month-old son have died in what investigators believe is a murder-suicide. A sheriff’s news release says deputies found Stephen Garcia and son Wyatt Garcia dead in a vehicle on a rural dirt road in the Twin Peaks area early Sunday.
The release says the Hesperia Sheriff’s Station had received a report Saturday night that Garcia took his son during a court-ordered visitation and threatened to kill the child and himself. The department did not say how the pair died, only that they “sustained traumatic injuries.” The county coroner will conduct an autopsy on both father and son this week.
Stephen Garcia was from the Pinon (pin-YONE) Hills area and his son was from Yucca Valley.
Hat tip to Annie for digging out the court docket on this one. It is heartbreaking to read that Judge J. David Mazuek found that the father was not a threat to the mother or child two weeks prior to the murder of dear little Wyatt. Read the court docket here.
Case FAMMS900840 – KATIE TAGLE -N- STEPHEN GARCIA
OSC RE: DOMESTIC VIOLENCE FILED BY KATIE TAGLE
01/12/2010 – 9:00 AM DEPT. M3
| J. DAVID MAZUREK PRESIDING. |
| CLERK: KIMBERLEY HATCH |
| COURT REPORTER JENNIFER BARNAKIAN POLAND JENNIFER BARNAKIAN POLAND |
| - |
| PETITIONER KATIE TAGLE PRESENT |
| RESPONDENT STEPHEN GARCIA PRESENT |
| - |
| PROCEEDINGS: |
| OSC/MOTION HELD. |
| BOTH PARTIES ARE SWORN AND EXAMINED. |
| COURT FINDS THERE IS A PENDING PROCEEDING IN |
| THE VICTORVILLE COURT THAT IS SUBJECT TO CUSTODY |
| AND VISITATION ORDERS. |
| - |
| COURT FINDS THERE IS NOT THREAT TO PETITIONER |
| OR THE MINOR CHILD. |
| THE OSC IS DENIED. |
| - |
| ORAL MOTION FOR ATTORNEY FEES BY RESPONDENT IS |
| DENIED. |
| - |
| BOTH PARTIES ARE REMINDED BY THE COURT OF THEIR |
| FAMILY COURT SERVICES APPOINTMENT FOR THEIR |
| VICTORVILLE CASE. |
| COMPLAINT STAGE AT DISPOSITION – OTHER DISMISSAL BEFORE HEARING (FL) |
| DISPOSITION OTHER DISMISSAL BEFORE HEARING (FL) |
| COURT ORDERS ENTIRE ACTION DISMISSED WITHOUT PREJUDICE. REASON: REQUEST DENIED.. |
| ACTION – COMPLETE |
| === MINUTE ORDER END === |
Case FAMMS900840 – KATIE TAGLE -N- STEPHEN GARCIA
| Viewed | Date | Action Text | Disposition | Image |
| 01/26/2010 | FEE PAYMENT | Not Applicable | ||
| 01/26/2010 | FEE PAYMENT | Not Applicable | ||
| 01/12/2010 9:00 AM DEPT. M3 | OSC RE: DOMESTIC VIOLENCE FILED BY KATIE TAGLE - Minutes | Pre-D Complete | ||
| 01/11/2010 | ANDREW H. LUND IS REMOVED AS ATTORNEY FOR STEPHEN GARCIA, AND PRO/PER IS ADDED AS ATTORNEY OF RECORD. | Not Applicable | ||
| 01/08/2010 | PROOF OF SERVICE OF SUPP DECL BY KATIE TAGLE BY MAIL ON 01/07/10 AS TO ATTORNEY ANDREW LUND, FILED. | Not Applicable | ||
| 01/08/2010 | DECLARATION OF KATIE M TAGLE FILED | Not Applicable | ||
| 01/05/2010 | PROOF OF SERVICE OF ANSWER TO TRO/IE BY MAIL ON 01/05/10 AS TO KATIE TAGLE, FILED. | Not Applicable | ||
| 01/05/2010 | INCOME AND EXPENSE DECLARATION FILED BY STEPHEN GARCIA | Not Applicable | ||
| 01/05/2010 | ANSWER TO TEMPORARY RESTRAINING ORDER FILED BY STEPHEN GARCIA, PARTY REPRESENTED BY ANDREW H. LUND. | Not Applicable | ||
| 12/15/2009 8:29 AM DEPT. M3 | EX-PARTE MOTION RE: DOMESTIC VIOLENCE -Minutes | Pre-D Complete | ||
| 12/11/2009 | CERTIFICATE OF ASSIGNMENT RECEIVED. | Not Applicable | ||
| 12/11/2009 | EX PARTE RE: DOMESTIC VIOLENCE FILED BY KATIE TAGLE | |||
| 12/11/2009 | REQUEST FOR ORDER DOMESTIC VIOLENCE PREVENTION | Not Applicable | ||
| 12/11/2009 | REQUEST AND PARTY INFORMATION ENTERED.(DV) | Not Applicable |
See the heartbreaking MySpace page that belongs to the father and the bizzare RIP on it.
Another scary indicator: Stephen Garcia’s website he set up on his obsession with Katiehere.
Judge J. David Mazurek needs to held accountable on this, and charged as an accomplice in this murder. This needs to happen to every judge that allows abusers to take children, and then hurt or murder them. Maybe then judges will start taking domestic violence seriously. Thanks to the father’s rights advocates and their “false allegations” drivel, they have turned America’s judges into a bunch of pussies who absolutely have no clue. Just get the child to the father….doesn’t matter if he is violent or not. It is time to stop listening to the mantra from these groups and start taking these violent guys seriously, and start putting judges in prison that don’t.
Technorati Tags: Southern,California,Judge,Protective,Order,Mother,Father,Young,Himself,Child,Abuse,Custody,Battle,Children,Domestic,Violence,rights,Corrupt,Judges,Court,Reform,Courts,David,Mazurek,Judicial,Katie,Tagle,Murder,Suicide,Parental,Alienation,Disorder,Syndrome,Stephen,Garcia,Just,protection,Wyatt,From,SFGate,Francisco,Chronicle,SoCal,January,HESPERIA,Calif,Authorities,Bernardino,news,vehicle,dirt,road,Twin,area,Sheriff,Station,department,Pinon,Yucca,Valley,Annie,Mazuek,threat,Read,Case,DEPT,CLERK,KIMBERLEY,HATCH,REPORTER,JENNIFER,BARNAKIAN,POLAND,PETITIONER,PRESENT,RESPONDENT,PROCEEDINGS,MOTION,HELD,BOTH,SWORN,VICTORVILLE,SUBJECT,VISITATION,ORDERS,MINOR,ORAL,ATTORNEY,FEES,SERVICES,APPOINTMENT,COMPLAINT,STAGE,DISPOSITION,DISMISSAL,ENTIRE,ACTION,PREJUDICE,REASON,REQUEST,COMPLETE,MINUTE,Date,Text,Image,PAYMENT,Applicable,Minutes,ANDREW,LUND,RECORD,PROOF,SERVICE,SUPP,DECL,MAIL,DECLARATION,ANSWER,INCOME,EXPENSE,TEMPORARY,PARTE,CERTIFICATE,ASSIGNMENT,PREVENTION,INFORMATION,MySpace,Another,indicator,obsession,needs,accomplice,Maybe,Thanks,drivel,America,clue,mantra,prison,fathers,Disorders,injuries,Hills,allegations,docketSocal dad who planned child's death on facebook
This is the same story from the other day. Another article. The comments are unbelievable.
The judge needs to be removed. There is so much evidence of this guys plot to kill, and to top it off it seems his friends and family may have helped.
If you want a story to publicize the problems, this one shouldn't be ignored. FYI-he had no arrests for dv or abuse.
Not every guy like this will kill, but there sure as hell will make mom's life and the child's life a living hell and do everything they can to take the child from the mom.
http://www.detrimentalind.com/
http://www.vvdailypress.com/news/hills-17062-son-pinon.html
ilovemikey07 wrote:
I am so angry.. I knew this guy, I went to school with him! The mother tried to protect her child and look what happened! She had so much proof that Stephen was a danger to Wyatt. I posted this link on my FB page, and I was attacked by a "friend" of Stephen's. This person also refuses to read the website or Stephen's facebook page. This guy put all of his stuff out there, he made a special website http://www.Detrimentalind.com he posted it on his FB page http://www.facebook.com/?ref=home#/StephenKatieWyatt?v=wall&ref=search
All the proof is right there and no one helped saved the baby, someone even went as far in assisting in the murder! That person who posted the suicide letters had to have known what Stephen was going to do, and instead of helping save the baby he/she helped kill the child.
I wish that when FB suggested I become "friends" with Stephen I would have done it, because I know that if I would have seen those posts I would have been on the phone calling some police or doing whatever I could to stop it and have that guy committed... but the system couldn't even listen to the mother, so I don't think I would have gotten anywhere
2/2/2010 12:45 AM PST on VVDailypress.com
ilovemikey07 wrote:
I am so angry.. I knew this guy, I went to school with him! The mother tried to protect her child and look what happened! She had so much proof that Stephen was a danger to Wyatt. I posted this link on my FB page, and I was attacked by a "friend" of Stephen's. This person also refuses to read the website or Stephen's facebook page.
This guy put all of his stuff out there, he made a special website http://www.Detrimentalind.com he posted it on his FB page http://www.facebook.com/?ref=home#/StephenKatieWyatt?v=wall&ref=search all the proof is right there and no one helped saved the baby, someone even went as far in assisting in the murder! That person who posted the suicide letters had to have known what Stephen was going to do, and instead of helping save the baby he/she helped kill the child.
I wish that when FB suggested I become "friends" with Stephen I would have done it, because I know that if I would have seen those posts I would have been on the phone calling some police or doing whatever I could to stop it and have that guy committed... but the system couldn't even listen to the mother, so I don't think I would have gotten anywhere
2/2/2010 12:45 AM PST on VVDailypress.com
http://www.vvdailypress.com/news/hills-17062-son-pinon.html
Pinon Hills man plans murder of infant son, suicide on Facebook
Comments 21 | Recommend 6
February 01, 2010 11:19 PM
In a chilling letter posted on Facebook for anyone to see, Stephen Garcia, 25, of Pinon Hills appears to detail how he planned his suicide and the murder of his 9-month-old son.
“I led everyone on my side of the family to believe I wouldn’t of done this because I did not want them to know...” the letter reads. “I had been thinking about doing this for months.”
The post may help San Bernardino County Sheriff’s Homicide investigators piece together what led to the Sunday morning tragedy, when Garcia took his infant son during a court-ordered visitation, drove to a dirt road in Twin Peaks and ended both of their lives.
In the letter posted to his Facebook profile, Garcia claimed the deaths were an attempt to save his son from a difficult life — and to punish the baby’s mother, Katie Tagle, for refusing to come back to him.
“Our deaths are a lot for her,” the post continues. “It will have to suffice as her punishment. But that is not the reason I did it. It was the only way we could be happy without Katie. I did this out of love for our son, to protect him and myself.”
Saved letters, text messages and massive files containing e-mails and other correspondence give a glimpse into Garcia’s obsession, cursing Tagle and her family in some posts and asking her to return to him in others.
Court documents tell more of the story, with Tagle filing a request for a domestic violence restraining order on Dec. 11, 2009. On Jan. 12 that order was denied, as it was found Garcia was not a “threat to petitioner or the minor child.”
A search of his criminal record showed no history of domestic violence, battery or similar offenses in San Bernardino County. However, in one of a slew of other online letters attributed to Garcia, it states, “I’m sorry for hurting you. I’m sorry for hitting you. I’m sorry I made the wrong choices.”
On Jan. 17, shortly after the final visit with Judge David Mazurek, Garcia joined a Facebook group called “Organ Donor.”
In the days leading up to the murder-suicide, Garcia posted a half-dozen videos and dozens of photos of Wyatt with cryptic captions such as, “Please, it’s not too late.”
On his MySpace page, his mood over the last week was listed as “tested,” “bummed” and “scared,” with “one more day :(” his final post.
Hours before officials got a call Saturday night that Wyatt was missing and Garcia had threatened to kill him, he made his final online post: “We love you all.”
The suicide note was posted on Garcia’s Facebook profile Sunday, about eight hours after Hesperia Sheriff’s deputies found the bodies in Garcia’s car. It appears Garcia left directions for someone to post the letter and make it public for everyone to see.
The lengthy post also reads as a will, with directions for how to distribute his possessions and personal notes to family members and friends. It also states that Garcia left a signed letter in his truck, confessing to the killings and explaining why he did them.
Though Garcia mentions using a gun, investigators have not released information on how he killed Wyatt and himself, stating only that they both died from “traumatic injuries.”
Anyone who may have information about this case is asked to call Detective Ryan Ford or Sgt. Frank Montanez at the Sheriff’s Homicide Detail at (909) 387-3589 or call WeTip at (800) 78-CRIME.
Brooke Edwards and Natasha Lindstrom contributed to this report.
Beatriz E. Valenzuela may be reached at 951-6276 or at BValenzuela@VVDailyPress.com.
Monday, February 1, 2010
Kansas Lawmakers Heard Testimony Today on Domestic Violence Law HB 2517
Kansas lawmakers heard testimony Monday about a new proposed domestic violence law. Members of the house committee on corrections and juvenile justice heard testimony about a bill to assist the criminal justice system in documenting crimes linked to domestic violence and track repeated offenders.
Posted: 5:32 PM Feb 1, 2010
Reporter: Stephanie Ramos
Email Address: stephanie.ramos@wibw.com
Kansas lawmakers gathered Monday to hear testimony about a new proposed domestic violence law. The bill proposed Monday will track people who are continuously domestic violence offenders..... one victim's family was there to support not just their daughter but everyone who may be affected.
Jana Mackey, a University of Kansas law student was only 25 years old when she was murdered by her ex boyfriend 18 months ago.
"My hope is that we get a positive reaction from the house committee members and that next week when they take a vote on this bill..hopefully they will support it and move it on to the full house..by the end of the session bill for the governor to sign." says Curt Brungardt, stepfather of victim Jana Mackey.
The Brungardt's say proposed house bill 2517 is a good way to keep track of domestic violence crimes but will also reduce the amount of offenders...
The family hopes that when the bill is voted on next week it will pass on to the next level and that by the end of the session the bill will be ready to be signed by the governor.
| Douglas J. Miles Chief Deputy DA Colorado Springs CO. DV Specialist |
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