Archive for the ‘“Til Death Do Us Part” (literally)’ Category
For BMCC Day 1: Why VAWA, DV Groups Basically Can’t (Won’t?) Stop [Terroristic Threats, Murder, Assault, Battery, Stalking, False Imprisonment, Harrassment– Child Molestation–or other Crimes]
Why?
Well, I have one line of reasoning — that there is a family court around basically creates an immense loophole; any police officer anywhere can just about get out of arresting domestic violence perpetrators (they could anyway) by, when children exist, simply failing to arrest, and letting it land in the family venue. Ditto with CPS. But even if they didn’t, they still have immense discretion to simply not arrest. If they DO arrest, the DA’s have immense discretion not to prosecute also.
WOMEN’s JUSTICE CENTER /CENTRO de JUSTICIA PARA MUJERES
Santa Rosa, California
(a site I quote below, and refer to often enough) I see has written an October 2011 letter to:
I’m a women’s rights advocate who has been working for the last 20 years in the exasperating struggle to end violence against women. I’m writing because we’re stumped, and we need your help.
My opinion: these feminist law professors and women, in many respects, have for over a decade completely ignored the role of the family courts, and their relationship to the criminal prosecution of (see title) real-time crimes play in simply invalidating domestic violence law, child abuse law, in fact most criminal laws of any sort for women who have given birth. And women who give birth, aka MOTHERS, represents a significant portion of women against whom violence is routine.
In this current climate, and while that off-ramp from the criminal justice system (if the reporting and prosecution even gets there), it is next to impossible for these women to get free from an abuser – with children — and stay free unless HE simply chooses not to sue for custody or further bother her. And, if there’s a Title IV-D child support order around, even if he doesn’t want to bother her, the county can and will go after that family and those kids anyhow. That’s My take on it. So I would not be asking a feminist law professor for help, based on the track record and under-reporting of this scandal. And I’ve talked to some of them (including in my area). However, this writer has a point:
The problem is this: Modern violence-against-women laws are in place throughout most of the U.S., as are crisis centers, hotlines, counselors, and shelters. But a critical piece is missing. We don’t have anywhere near adequate enforcement of the laws. Nor do women have any legal right to enforcement of the laws, nor any legal remedy or redress when police and prosecutors fail to enforce the laws.
As such, the laws are meaningless to us. However, it takes a while — and sometimes costs a life — to recognize this.
. . . But the daunting and particular problem for women is that these absolute discretionary powers are in the hands of law enforcement agencies that are rife with anti-women biases, structures, and traditions. Violence-against-women cases are the cases these officials are most overwhelmingly prone to ignore, ditch, dismiss, under-investigate, under-prosecute, and give sundry other forms of disregard. This disparate impact and denial of equal protection is undermining all the other monumental efforts to end violence against women.
Despite all the high flying official rhetoric to the contrary, way too many police and prosecutors don’t want to do these cases. They know they don’t have to do these cases. They know a million ways to get rid of these cases. They know nobody can hold them to account. And the Supreme Court keeps driving this impunity deeper into the heart of American law. Not surprisingly, the violence against women rages on.
We can social work these cases endlessly, but when police and prosecutors don’t do their part and put the violent perpetrators in check, the perpetrators easily turn around and undo any stability and safety we and the women have attempted to secure. The freer she gets, the angrier he becomes. Without adequate law enforcement, victims of violence against women are doomed. And then they are double doomed by the void of any legal cause to hold unresponsive police and prosecutors to account. And then, all too often, she is dead
Notice that at the end of this eloquent (and I believe, truthful) letter, she refers to the “Judicial Ghetto of Family Law.” It is this Ghetto that has to be addressed if “violence against women” is to stop. To date, we are still the gender that produces children, gives birth to them, no matter how nurturing Dad is. As such, this arena, that ghetto, ALSO has to be addressed, or as an obstacle to life itself for those in it, removed:
We urgently need your help. Not in the judicial ghetto of family law where victims of violence against women are too often shunted to fend for themselves.
Why NOT? Why should women have to fend for themselves in a biased system — because thats where it typically goes after any civil restraining order (see VAWA, below) is put in place. Perhaps if there’d been more “feminist law professors” who’d gone through leaving DV AS MOTHERS, this might have been handled by now. Not saying that it wasn’t a tough uphill battle to start with. But we mothers are certainly not ballast in this journey; just treated like it in these circles!
But in criminal law where the state itself must take responsibility for securing justice for these heinous crimes. We can’t solve this problem without you.
As a first step, please pass this on to colleagues you think would most fervently fight to create a women’s right to justice. And then consider joining in yourself.
Thank you for your concern.
Marie De Santis, Director Women’s Justice Center Centro de Justicia para Mujeres
mariecdesantis@gmail.com www.justicewomen.org
We like to believe that criminal law always applies when crimes are committed (the title lists some of the crimes which comprise “Domestic violence” and “Child abuse” and characterize the lives of people who sometimes, after years enduring these things, end up dead, or paying their abuser, which is a form of institutionalized extortion).
BUT — when a case is labeled “high-conflict” or “custody dispute” of any sort, BY LAW (apparently) it comes under the jurisdiction of a different court — which is not a real court, it’s a business enterprise. (See this blog. See other NON-federally-supported blogs or articles.
For example get this (“johnnypumphandle, re: Los Angeles “Public Benefit Corporations Supported by Taxpayers” Not only ALL the people walking through the halls — but the real estate — the halls themselves, apparently are often part of this enterprise! Why this never occurred to me before reading these matters, I don’t know. The family court is in a separate building from the main (Criminal) courthouse in MANY towns and cities across the county. That alone should have caught our attention. Now (same general idea), they are building, sometimes, “Family Justice Centers” as part of a National Alliance movement (see “One-Stop Justice Shop” posts, mine).
I reviewed this material carefully before, it takes a while to sink in. It will NOT sink in if all you see mentally is the visual of the building and its inhabitants. In order to “See” straight, one needs to see and be willing to think in terms of corporations, tax returns, and cash flow. And something relating the words “taxpayer” with “tax-exempt.” As the site says:
We have again reminded the IRS of the same scheme being perpetrated by the Private Corporation – Los Angeles County Courthouse Corporation – with the same bond guarantees by the law firm of O’Melveny & Myers. Taxpayers are still getting stiffed by this scam, since there is no accountability for the money and NO TAX FORMS HAVE EVER BEEN FILED!
Key in this EIN#
|
to This Charitable Search Site (for California) — and tell me why the Relationship Training Institute — which does business with and takes business FROM the court, evidently — is still marked “current” when no (zero, nada, zilch, nothing at all) has been filed (and uploaded) by this organization for the state of California as a charity -EVER; even though it’s filed with the IRS? Is that cheating the citizens of California, or what? Here they are (and here goes continuity in my post today):
Relationship Development and Domestic Violence Prevention, Training, and Consultation
The Relationship Training Institute (RTI) is a 501(c)(3) non-profit organization, established in 1986* by David B. Wexler, Ph.D. to provide training, consultation, treatment, and research in the field of relationship development and relationship enhancement.
Entity Number | Date Filed | Status | Entity Name | Agent for Service of Process |
---|---|---|---|---|
C2583174 | 05/17/2004* | ACTIVE | RELATIONSHIP TRAINING INSTITUTE | DAVID B WEXLER |
Because — in the 7 years (at least) it’s been operating in California, David B. Wexler, Ph.D.’s group has not bothered to file it’s (by law) annually required tax return with the state (NOTE — which provides the California Attorney General with a Schedule B showing names and addresses of contributors, and has to list government funding) and because the CA Corporations search site is so limited, I can’t see from there OR its founding articles if this is a domestic (Ca originated) or “foreign” (out of state) corporation.
On the other hand, the group California Coalition for Families and Children which incorporated in 2010 (per same site) — and is critical of the San Diego Family Court Practices — has twice received a “file your dues” letter, which you can search at the same charities link, above. It has no EIN# because it hasn’t registered yet.
Entity Number | Date Filed | Status | Entity Name | Agent for Service of Process |
---|---|---|---|---|
C3284403 | 03/09/2010 | ACTIVE | CALIFORNIA COALITION FOR FAMILIES AND CHILDREN | CORPORATION SERVICE COMPANY WHICH WILL DO BUSINESS IN CALIFORNIA AS CSC – LAWYERS INCORPORATING SERVICE |
I believe any group that calls itself a 501(c)3 (or “4”) should fulfil the requirements of it. However, there seems a bit of favoritism (OR, This group has no bribe to pay — below the table — for the regulatory agencies, including the OAG?); Emad G. Tadros, Ph.D., checked out the suspicious credentials of a custody evaluator, discovered a custody Mill (plus that a house cat got a diploma from the same place) and put up a website about all this, plus filed a suit, which was simply the right thing to do. In retaliation for challenging the right of the courts to continue their fraud up on the public he was fined $86K in fees, and an attempt has been made at obtaining interest, too. Apparently, this group has not cut a deal with anyone, and so the OAG WILL go after their nonprofit status. Here’s the link to “San Diego Court Corruption.”
So, as to The Relationship Training Institute, I guess not filing with the state is “close enough for jazz The Office of Attorney General.” And also close enough for an NIMH sponsored grant on Domestic Violence in the Navy, too. If our Navy was run this way, we’d be losing a lot more wars.
RTI offers an on-going series of informative workshops and state-of-the-art training programs for mental health professionals and for the public, bringing innovative leaders and teachers to the San Diego community. RTI staff also travel throughout the world training professionals in the treatment models that we have been developing and publishing for over 25 years
So, don’t try to tell me the courts and attorney general are unaware — see its website, and see the detail on its charitable registration. A letter has been sent to this charity, and its site claims it’s approved by the Judicial Council of California to provide CLE credits for its trainings!
(the logos of approving organizations).
Approving Organizations
By the way, Dr. Wexler is listed under another one, IABMCP or something:
David B. Wexler , Ph.D., Diplomate IABMCP | |
Director, Relationship Training Institute, San Diego, California |
International Academy of Behavioral Medicine, Counseling and Psychotherapy (group registered in Dallas, TX in 1979, EIN has 11 numbers # 17523304719. Usually it’s 9 or 12):
Name | Taxpayer ID# | Zip |
---|---|---|
INTERNATIONAL ACADEMY OF BEHAVIORAL MEDICINE COUNS | 17523304719 | 75225 |
The actual EIN# is 751726710 and it’s registered in Colorado as a 501(c)6 ” Business leagues, chambers of commerce, real estate boards, etc. formed to improve conditions..” It has a tiny budget and apparently exists to distribute a newsletter, per 990 (2010 ruling.), registered as a foreign nonprofit (citing the Texas org.) since 1999 and apparently is filing its reports in Colorado OK.
2010 | 751726710 | International Academy of Behavioral Medicine Counseling and Psychother | CO | 1980 | 06 | 31,455 | 1,402 | 990 |
Dr. Wexler anyhow, is on its Advisory Council, along with a long list of mostly but not all male personages, including Deepak Chopra…
I also note that this domestic violence training is very man-friendly… But RTI is apparently the group that does the trainings OUTSIDE the courthouse, which makes them part of the personnel bill. The earlier article was about who pays rents on the real estate, who owns the real estate, of the courthouses themselves? Reading on:
August 25, 2001 – Los Angeles County Courthouse Corporation and others. e.g. Los Angeles County Law Enforcement-Public Facilities Corporation and (too many to name or to discover). The Crusaders think that there are over a dozen of these ‘Public Benefit’ Corporations hiding in LA County. If you are aware of any of the others, drop us a line.
These companies are established as Tax exempt ‘charitable trusts’ under the Federal Statute – 501(c)(4). They direct millions of dollars but are basically unaudited. The Los Angeles County Courthouse Corporation (LACCC), for example, controls projects for $632 million, but as yet has not registered with the California Department of Corporations even though they have issued outstanding securities for this amount.
They have established trust agreements with banks, lease and leaseback agreements with developers, securities agreements with underwriters, legal assistance from high powered law firms, yet they have no employees. All work is done ‘outside’ on authorization from an officer of the Company. e.g. bills are paid, rents are collected, legal services are performed by outsiders through agreements. As an example, O’Melveny & Myers pays the fees for this Corporation.
Is this a donation? Somehow, I think O’Melveny & Myers are not providing legal services for free.
The company has offices in the LA County facilities, claims no employees, but has all of its utilities, telephone, rent, etc. paid by the County.
Who answers the phone? A county employee, doing ‘part time’ work but receiving no pay. At least the Corporation claims to have no employees.
How are bills paid? We have a letter to Henry P. Eng, an auditor , who is told that he will receive a check for $4,730 and a like amount will be charged to the rent due to the corporation in order to balance the books. You see, the Corporation has issued bonds (Certificates of Participation) recently for $115 Million to build the Antelope Valley Courthouse. The Banc of America and four other underwriters have guaranteed the purchase of all of these certificates.
So WHY do I make those claims in the Title of this post today? Well, for one, I research TAGGS grants, and read conference brochures, and pay attention to what groups do – -and don’t — report on, including the various elephants in the room…
I’m not the only one, either, questioning what VAWA is for, except to inspire a lot of anti-feminist backlash, give Fathers & Families (GlennSacks hounds) something to complain about, and a source of funds to set up websites and conferences (ad nauseam) to perpetuate the illusion that whatever a civil — or even criminal — domestic violence action DOES, Family Courts will not quickly UNDO, even if neither parent asks them to!
You might want to look at this article:
VAWA Critique
In Which a Little-Known Legal Brief Plows into Hallowed Terrain
I almost felt like a traitor (though I was sure in my opinion) with this round of requests I write someone to reauthorize VAWA. WHY? I thought. I already know who’s collaborating with these other courts. Well, another (non-federally funded, intentionally so) site – I like this site, too — explains:
Ever since the U.S. Violence Against Women Act (VAWA) was passed in 1994, women’s advocates have rallied again and again to assure that VAWA stays authorized and funded. The steady torrent of threats against the act from antagonist men’s groups has left advocates with little inclination to question whether VAWA is truly delivering what’s needed to end the violence and secure justice for women. But a little-disseminated legal brief we came across recently rips along the fault lines and suggests that giving VAWA a thorough critique may be one of the most important steps we should be taking to advance the struggle.
“The legal brief, signed by a dozen domestic violence scholars from around the country and submitted in 2007 to the Inter-American Human Rights Commission, emphatically makes the case that VAWA not only is failing to protect women, but that this failure is rooted in fundamental flaws in VAWA’s structure and administration. “VAWA is a limited remedy,” the document states, “That fails to protect women or to discharge the United State’s obligations under international law.”
(it’s going to talk about the Jessica Gonzales case, and the IACHR. However, NO — I say that these DV scholars have simply fallen asleep at the switch, or decided to look the other way, to keep their publications, etc. coming. )
In summarizing their analysis, the brief states, “VAWA fails to accomplish four crucial things: 1) It does not provide any remedy when abuser’s or police officer’s violate victims’ rights, 2) it does not require participation of all states or monitor their progress, 3) it does not fully or adequately fund all the services that are needed, 4) it does not require states to pass or strengthen legislation around civil protective orders or the housing rights of domestic violence victims.” . . .
VAWA: “primarily a source of grants” which has not reduced domestic violence
The brief goes on to characterize VAWA as “primarily a source of grants” with non-binding terms, voluntary participation, unmonitored compliance, and which mandates nothing. And the funding is paltry. According to the brief, in 2007, the median total of VAWA grants to individual states was 4.5 million dollars. That’s less than the cost of one wing of a fighter jet allotted per state to combat violence against women.
If the core of this brief is accurate, despite the services VAWA has provided to tens of thousands of women, the message VAWA delivers to law enforcement and other public officials throughout America is disastrous. ‘You can prevent, investigate, and punish violence against women – if you feel like it. But if you’d rather not, don’t worry about it. VAWA doesn’t mandate that you do anything. And if women are upset by that, rest assured, VAWA and the courts have also made sure there’s not a darn thing women can do about it to hold you to account.‘
Most troubling of all, the brief finds that in the time from VAWA’s passage in 1994 to 2007 when the brief was filed, VAWA has not reduced domestic violence in the U.S., despite the U.S. government’s claims to the contrary. As stated in the brief, “Since the passage of VAWA, domestic violence rates have not been reduced in proportion to other violent crimes
This site writes their rationale:
And perhaps worse, these fundamental flaws in VAWA are not even a matter of discussion, debate, or protest among frontline women’s advocates. It’s critical for progress in ending violence against women that that discussion begin.
The Tie that Binds
VAWA requires that shelters and rape crisis centers that receive VAWA funding must demonstrate their cooperation with their local law enforcement agencies.
Individual states that administer the VAWA grants have implemented this requirement in various ways. But typically the shelters and crisis centers seeking VAWA grants must obtain signed operational agreements with their local law enforcement agencies. This has given law enforcement veto power over the survival of the violence against women centers, a controlling power law enforcement has not hesitated to use.
Copyright © Marie De Santis
Women’s Justice Center,
www.justicewomen.com
rdjustice@monitor.net
VAWA is a Federal Act of Congress first passed in 1994. By Contrast (and to oppose its premises), the National Fatherhood Initiative is a NONPROFIT started by someone with close connections to HHS, and Washington, and now many legislators — and is not only still funded, but has permeated the structure and purpose of violence prevention, child welfare, and child abuse prevention areas of goverment. While VAWA (which at least went past Congress initially — the NFI did not) promotes one kind of training, NFI promotes the opposite theories.
Then the two groups get together, for example, The Greenbook Initiative and congratulation their federally-paid-behinds for being able to get along, while women continue to die after breeding and leaving abuse. And etc.
The DOJ Defending Children Initiative: even has an “Engaging Fathers” link:
The ILLUSION that there is protection for women and children through groups such as “Child Protection Services” is fatuous. That’s not what they’re there for, apparently. Nor, apparently, are the civil restraining order issuers (typically a domestic violence nonprofit of some sort, or possibly a parent might get one on his/her own) there to prosecute or punish any crime.
I heard this from a woman (grandparent) in an unidentified urban area, regarding her grandchildren’s being in the sole custody of an abusing father AFTER CPS and police had confirmed sodomy and forced copulation with the (young boy):
Hearsay #1:
There are no laws or penal codes against child abuse by a parent. Child abuse by a parent comes under the Welfare and Institution Code (WIC).
The welfare and institution code does ONE thing — offers reunification services to the abuser. The one and ony law mandated by legislators (in such cases) is reunification.
Since the theme is “reunification” (and really, let’s get honest — “supervised visitation” concept comes from this field, reunification), no family court has any interest in re-unifying a protective mother with her child once that child has been completely (and physically) “reunified” with the abuser father. There are no fatherhood-promotion services for this (access/visitation concept is actually a fatherhood concept). Supervised visitation with a sex offender (young) father and mother has resulted in child-rape INSIDE a supervised visitation facility in Trumbull County, Ohio, recently. It has resulted in financial fraud on East and West Coast both (Genia Shockome/Karen Anderson of Amador County, PA), it has resulted in a child literally being supervised by a woman who had criminally sexually assaulted a DOG in Contra Costa County California courts (Welch v. Tippe), and — the commissioner? who made that order, as recommended by her court-crony, is I believe still on the bench — and has been, while we’re at it, on the Board of Kids’ Turn, too. After all, it’s all about the “Kids” and what’s best for them, right? How often do women whose children have been abused get put on supervised visitation for “alienating” the father by reporting — or allowing their kids to even report to someone else unsolicited, like a schoolteacher — real live criminal activity upon themselves?
Hearsay #2:
Child Protective Services labeled our case high-conflict which put it in custody court. Neither the father or I had even mentioned divorce at the time.
This mother says she saw it on their report. I’d like to see that report. Assuming it’s true, this means that CPS knows quite well that they don’t have to prosecute anything against a parent when it comes to abuse of children; they can shunt it off to family court.
Hearsay #3 (to you — this is my case):
When my children were being stolen (abducted), and I was protesting on the basis of a valid court order giving me physical custody, an attempt was made to bring CPS in — although no abuse was being alleged! When I pointed this out, the officers supervising the exchange — which I’d requested for personal safety — refused to enforce the court order, mocked me, and when I realized there was no recourse from this crew, I had to let my “ex-batterer” and the children’s father, drive off into the sunset with children I’d raised, and from this point forward (til today) not ONE single court order was consistently obeyed for more than a month, including visitation or phone contact with me, alternating holidays, or the children with the mother on mother’s day, all of which remained in the CUSTODY order.
In short, if I wasn’t going to voluntarily justify bringing on more (paid, public employee) professionals AFTER existing paid, public employee professionals simply refused to do their job (which I later learned — they don’t have to, even if not doing their job results in someone’s, or even three children’s, deaths. See Castle Rock v. Gonzales).
Talk about “interlocking directorate” – – – – I also heard from a savvy investigator (mother) (noncustodial) in another state how that, literally, when a father is accused AND found guilty of abuse in one sector (for example, criminally, or child support services) this literally causes the father to be declared “incapacitated” or incompetent — making the child a “dependency” case. The court that the mother then walks into is, in effect, a “dependency court.” The state owns her child, and if she can’t ransom it back, too bad. The ransom process is simply this: the hearings go on, and on, and on and as much money is extracted from the mother, who WILL fight back, until she’s broke too, if not in spirit. That’s the plan. That’s not an anomaly or “burp” of the system — that IS the plan.
We have heard also of horrendous situations, and I’ve reported this, of dual electronic docketing. (“Computerized or Con-puterized?” Janet Phelan on Joseph Zernik reporting. One week after she published the layperson’s explanation of this, he was picked up by police without cause and held). We’ve heard of collected but intentionally not distributed child support, in the millions of $$ (Silva v. Garcetti (who was Los Angeles D.A., involving Richard Fine). Even a brief look at what happened to Mr. Fine (besides getting incarcerated and disbarred) and how the California Legislature handled the fact that the entire judiciary was subject to bribery at the county level by payments to judges — from the county — in cases where — the county — was a party. It retroactively granted immunity, and did this quickly, lest the entire judicial system get shut down. (SBX-211) — that brief look should say, what we are dealing with is XX % crooks, and X% enablers or people who can’t themselves get out of the system because by participation, they’d be prosecuted too. Talk about “gangs” . . . that’s a Gang. Sometimes deals go between one jurisdiction and another, making them a little harder to catch (Gregory Pentoney)
Two other things which I’ve heard of from a non-BMCC “let’s ask the expert source” in recent times — and again, I present this as Hearsay, but it’s entirely in character for the venue — of more than one physical case file being kept. One is shown to the litigant when she can afford it (which ain’t always), or qualifies as low-income enough to be shown it. The other is shown and hauled out when it comes to justifying program billing — that one or both parents may be totally unaware of, occurring in their case, under their or their kids’ social security #s, and in their name.
Again, my plan is to curtail posting on this blog (I believe I’ve “said my piece” on most major points) at the end of January, and get about other aspects of life. Oh yes, and I signed the blog up for Twitter, which should curtail the length some, like by ca. (10,000 to 14,000) – 140 characters!
I realize that conversational style isn’t communication, yet the information is urgent to present and get out. The “end of January” date was in honor of the BMCC conference, which I plan to comment on every day it’s in session. Ideally, you will see one post a day from here til 1/31, however, some of the material does cause vicarious trauma to report, which may affect quality of post, or my getting one out on a certain day. While I know what I know, from study, research observation, reflection, and synthesis, expressing it is another matter.
Also, the conversing with the material style is laborious, and takes hours. Whereas in a personal conversation, say, by phone, with interaction, I know I could convey the key FAQs, overall, in 10 minutes or less, and tell people where to find more information, should they be motivated.
So here we go:
Some people I know are headed up again to the Battered Mothers Custody Conference IX in Albany, New York again this year, where the same basic information will be presented by experts, while mothers are welcome to participate from the floor and by adding their square to the quilt, by buying books which the presenters will be selling (last year’s hot-off-the-press available in softcover and at a discount – only $59 — for conference attendees) and donate, too. This is addressed to mothers who are probably being fleeced in the courts, have tortuous situations to handle, and some are paying child support to their child’s or their abuser, which is why they pull it together to come to this conference, seeking help and answers — from the experts.
One difference — a positive one — THIS year is the attendance of Dr. Phyllis Chesler, who also will be selling her newly revised “Mothers on Trial” which I know incorporates some new stories, and I plan to order it on-line.
However, I also know that it’s not about to contain the information on this blog, on NAFCJ.net, or much on the AFCC, Welfare Reform (1996), and the role of the Child Support $4 billion industry in prolonging custody conflicts, for profit. However, it will be a new presenter, and an experienced feminist who I’ll bet is not afraid to address some of the issues of Gender Apartheid (which also results in “Battered Mothers”) in front of this audience, and on which she is an expert. Perhaps she will — as I don’t think others have — bring up the impact of religion on this situation in the family courts. It’s there – -not talking about it would hardly make sense.
At the bottom of this post, I am going to list the Presenters, and brief comments or links on the ones I know. The ones I don’t, I’ll look up. Perhaps in the next post (as this one expanded into handling a few other items).
And in this post, I’m going to charge pretty hard into the entire concept behind this conference, as I did last January, afterwards.
NB: I attended one conference in all its years, but primarily to meet mothers I’d been blogging with; I’d already realized that it was a marketing conference. That’s responsible behavior for people shelling out travel, hotel, and conference fees, not to mention in general. You find out who’s saying what and evaluate it.
The Title of this year’s conference is apparently “IS WHAT WE’RE DOING WORKING”?
HUH?
-
We who? (Mo Hannah, Barry Goldstein, et al.?)
-
Working for whom?*
-
Define “working” — what’s the goal here? (Sales, Self-Promotion, Shaping Distressed Mothers’ Perceptions?)
Ask a foolish question, you will get a very foolish answer. Act on those answers and you become a fool. A sucker is born every minute, and I regret every minute of my own “suckerhood” which listened to domestic violence rhetoric for too long, and didn’t think to GO CHECK TAX RETURNS AND NONPROFIT FILINGS FIRST, which might’ve had a different result.
That’s why I believe that it’s the “experts” that should be sitting around the tables in the conference and taking notes, and the women themselves that should be up on stage giving testimony, ideas — and controlling the microphones. Then some of the questions they have might get some answers, through collective wisdom, as women tend to do — when not co-opted into the hierarchical model of relating to each other which is more characteristic of males, and of this society we live in.
The structure of this type of conference is didactic — from presenter to participant. They are the dispensers of wisdom, women & mothers attending, the recipients. Go forth and deliver the expert wisdom to your areas, (seek to hire us as expert witnesses in your court cases) and if it doesn’t work — next year we are going to do the same basic routine anyhow, and your feedback will NOT be front and center, if it is allowed at all.
Seriously — that’s how it goes. And anyone with a child in a custody case has a ticking clock, if not time bomb, which is running. We do not have time to beat around the bush and fail to address things in PRIORITY order.
So anyhow, “is what we (?) are doing working?”
Somehow this is going to be stretched out into a weekend’s worth of material? Is there a better question to ask, such as — what can we do to either clean up or shut down the family law courts if they refuse to clean themselves out, which is unlikely? How many experts does it take to distract a mother’s attention from who is paying her abuser and the judges that gave that kid to the abuser? Why doesn’t this conference ever bring up child support, welfare reform, or mathematical issues, such as economics?
Or, for that matters, why are not the people who experienced abuse considered THE experts, and why are the true experts (the battered mothers) not as informed as the presenting experts on things that others figured out over 15 years ago in this field?
This is, among other things, a marketing conference, and a chance for women to sit with each other and have company in their distress. It is NOT a place for them to actually reform the courts, or learn the most direct possible ways (if any ways are possible) to get their children back, or a crooked judge off their case. That I can tell.
*A comment on the site says women can contribute to a quilt for missing children. (Which somehow reminds me of a church situation — you may attend, women: Here — serve some cookies, greet perhaps, and of course work child care, the sermon and other important things will be piped in from our (male) minister). . . . . now, there are presenters who are mothers on the platform, some of who I know by name, and I know those mothers are not about to rock the boat — by reporting on what you’ll find here, NAFCJ.net, Cindy Ross, Richard Fine (Emil Tadros either, for that matter) and other places. Somehow that information isn’t worth informing Moms of, which results in Uninformed Moms, wondering why things aren’t changing.
You see, professionals (and I was one in one or two fields) know they’re not expert in other fields and so tend to defer to people presenting as the experts in a different field. This works REAL well when mothers in panic, danger, or serious trauma go for help to DV experts who are hired (or volunteered) with agencies which do not themselves see fit to look at the larger picture AND TELL THE MOMS ABOUT IT.
Moreover, once a case — or person — moves out of their area of “expertise” — meaning, case in point for mothers, into the family law system — it becomes “not my problem” and they can, I suppose, somehow sleep with themselves at night (those who actually have functional consciences) without drugs or sedatives, by saying – it’s out of my hands now, I did my part!
Ay, there’s the rub. It’s a win-win for the civil restraining order (DV agency) field AND for the Family Law Field, because no one “out-ed” either field’s collaboration and centralization over the years. No one has done this much to date because so few people follow the funding, particularly experts protesting “Child abuse, Domestic Violence” and so forth.
RE: “IS What We’re Doing Working”
Here’s a short answer: “ExcUUse me? You * #$!- ing (kidding) me, right?”
Slightly Longer answer, Fresh kill, two children (10 & 14) into someone else’s care (foster? relatives?) this week in California. The woman showed up, obediently, for a family court hearing, and was murdered in cold blood, in her car.
Authorities say the man shot his wife, gave chase to police, then shot himself; they were scheduled to appear in family court for a hearing
BY JOHN ASBURY AND KEVIN PEARSON
STAFF WRITERS
kpearson@pe.com | jasbury@pe.com
Published: 04 January 2012 08:42 AM
A man at the Hemet courthouse for a child-support hearing calmly walked up to his wife’s car and fired two fatal shots, then led police on a car chase before killing himself Wednesday morning, according to witnesses and police
. . . .
Costales had no criminal record in Riverside County, and the couple had no history of domestic violence with each other, nor was there a restraining order in the case. However, Costales was accused of domestic violence in a previous divorce.
The two children now aged 10 and 14, we don’t know who their biological mother was –whether the woman slumped over in her car that day, or the former Ms. Costales: However, they were born (do the math, see article) prior to this marriage: 2012 January minus ten, minus fourteen years. Mr. Costales prior marriage had mutual restraining orders as of the year 2000.
‘A HORRIBLE SIGHT’
Kimberly Jones, 45, of Hemet, said she was in her car when she heard the first gunshot, which she thought was a firecracker. She looked back to see Schulz back away quickly.
Jones ducked as additional shots were fired, then ran over to find Schulz bleeding and slumped over in the driver’s seat. Jones, who is a nurse, said she tried to resuscitate the woman in the parking lot as Costales casually walked back to his car.
. . . She moved out, not him….
Schulz told the court in September that she was unemployed and receiving $550 in monthly aid. She asked for Costales to be required to make child and spousal payments and to make payments on their Honda Pilot until she could afford to get her own vehicle.
“I need hearing because of no income but aid,” Schulz wrote in court documents. “Living on my brother’s couch, looking for work daily, been unsuccessful. Children need their own home and stability.”
The age difference: Him vs. Her — was 17 years. We don’t know this situation, but here’s a woman who never apparently even SAID “domestic violence” — and yet still died asking for something reasonable. Did she bring children into the relationship (was he their father?). Did he seek a needy woman with children to make up for loss of his first wife and two sons (now adults)?
Do second wives EVER believe the record on the first wives’ court docket?
I went to look this one up at the Riverside Court, but found out that it’s not even free to view the images, and in doing so, they will know who is looking. So much for public oversight from a safe distance!
Police closed off a portion of the courthouse parking lot, stranding about 50 people who were unable to get to their cars to leave, but the courthouse remained open. The Hemet branch of the Riverside County courts handles family law cases in addition to civil, small claims and traffic issues.
Why did she leave? Who knows? Was this unreported violence, nonsupport, or what? Where are the children going to live now? Who HAS them now?
This was a TANF case. She was on aid — that means that only if there has been violence, or some severe extenuating systems, is she allowed some sort of diversion away from seeking child support from the father. The county wants its programs funded. If “aid” goes out, the County controls the collection of child support. This was likely an administrative hearing — there seems not to be any discussion over custody or visitation. This woman didn’t know, and now never will, what receiving welfare from anywhere in California puts one at risk of. Had it not ended this way, it might have stretched out for years in the courts as well.
Suppose this man had not been just Mr. Costales, but Mr. DeKraii, and been in a real bad mood that day? Who else might have died?
Hence, we have to re-think this phrase: “Clear and Present Danger.” It has 3 usages.
1. In the law, unless it’s been rescinded by now — in California, a Batterer is a “Clear and present danger to the mental and physical health of the citizens of California.” If one continues reading the law, they then talk about something like a task force at the District Attorney level.
2. In Usage by AFCC, “Lack of Resources” to the family courts is the “Clear and Present Danger.”
3. I feel it’s safe to say now, clearly, and quite presently, that “the family courts are a clear and present danger to the citizens (not just parents) of the state of California.”
So much for the domestic violence industry. It doesn’t hold water once it’s in “conciliation court.” They just forgot to tell the mothers this, evidently.
I fully realize that’s “heresy” (but the courts themselves are based on psychological theory and clear intent to undermine the meaning of criminal law and drive business to therapists, etc.) but anyone concerned about my POST-battering relationship, POST-family law custody matters (like we say, it goes, so long as minors and two parties are all alive, until the children reach majority) — I have no criminal record and no criminal intents either. I showed up to court hearings no matter how scared I was, and was forced to sit at the table with my ex, and from this close range, somehow “negotiate.”
People want to “reform” Family Court. That’s crazy thinking. It doesn’t account for the roadkill.
Although I can’t blame the average citizen, who thinks that his /her taxes are going to support something noble or good when it pays these salaries for family courts throughout the land, and more. When the situation hits them, personally (evidence is that not all close relatives or friends figure it out, either), perhaps the 2 + 2 will = 4. Who has it helped, and what’s the ratio of helped to roadkill, to children being tortured, children sent into foster care, parents experiencing MIA children, etc.? That’s a system someone can supposedly MANAGE?
Here’s a summary, a post from long ago (about 1.5 years ago) which I’m amazed it still gets attention, and was today:
Toms River NJ femicide/suicide post-mortem concludes strangled DYFS worker should’ve hooked up with “agencies such as ourselves”
I posted this on August 17, 2009
2012 PRESENTERS Bios to be added shortly
Jennifer Collins Carly Singer Michael Bassett, J.D. Carol Pennington Liora Farkovitz Lundy Bancroft- author Barry Goldstein – author, former attorney Joan Zorza – DVLeap, doesn’t blog family law matters Kathleen Russell* — *of Center for Judicial Excellence. Won’t report on AFCC, barely reports on fatherhood funding, but loves high profiles. Not a mother. Connie Valentine (CPPA) Karen Anderson (CPPA and her case is detailed in Johnnypumpandle — but this crowd simply ain’t interested.) Phyllis Chesler (if there were better company I’d try and get there this year, to meet her) Gabby Davis Loretta Fredericks Loretta Fredericks in my opinion should not be allowed to present. She should be put on the spot and have women fire questions about her. Unfortunately, so few women know ANYTHING about MPDI, Duluth Abuse Intervention Programs, Battered Women’s Justice Project, how much TAGGS says the MPDI (etc.) got (HHS funding) — or the infamous collaboration with the AFCC in “Explicating Domestic Abuse in Custody” (or similar title) which was also public funding. She also is featured in AFCC as a presenter, i.e., on the conference circuit? Has she influenced them to understand abuse — or vice versa. This situation (not her personally — we’ve never spoken) PERFECTLy represents what Liz Richards of NAFCJnet has correctly (my research validates this) calls a DV expert functioning as a “heat shield” for fatherhood providers. They lend legitimacy where there is non. Michele Jeker Maralee Mclean Angela Shelton Wendy Murphy Jennifer Hoult Sandy Bromley Renee Beeker (advocates court watch) Joshua Pampreen Nancy Erickson Karin Huffer Jason Huffer Crystal Huffer* *Huffers talk about and help women deal with Legal Abuse Syndrome). Holly Collins Jennifer Collins Zachary Collins Garland Waller **Collins and Waller are central to the conference and high-profile, I believe people know about them.
Dara Carlin* *Formerly DV advocate from Hawaii, then it happened to her. Didn’t notice that the legislator she was sure was on women’s side actually had close ties to a Fatherhood Commission in Hawaii (a What?). This was how I learned about Fatherhood Commissions, actually. She didn’t “Get” it. Also hadn’t noticed that AFCC was presenting — in Hawaii — on PAS, etc. Toby Kleinman Linda Marie Sacks (mentioned in my 2nd “About This Blog” — how to get to the Supreme COurt citing Dr. Phil, Oprah, and a Radio show onesself was interviewed on, thereby giving the rest of mothers protesting abuse a nice reputation for not being too bright. Seriously!) Rita Smith* (NCADV Leadership. NCADV is atop the pile of statewide Coalitions Against Domestic Violence which are state-funded, although not too much funding. It takes fees from these organizations and sells things, has conferences, etc. Was cited positively by Women in Fatherhood, Inc. which I find interesting …..) Eileen King (“Justice for Children” also I think on Linda Marie Sacks case, which Supreme Court refused to hear). Mo Therese Hannah (self-explanatory — and running the conference, with help It says from Ms. Miller. I don’t recoqnize the other names). Liliane Miller Raquel Singh Tammy Gagnon Louise Monroe Chrys Ballerano |
California ‘Open Carry’ Ban passed Senate…and passing the Assembly Public Safety Committee: Some Domestic Violence Questions (Publ. Sept. 10, 2011, Format-only update Aug. 10, 2019)
POST TITLE (with addendum showing dates published & updated, length & short-link):
California ‘Open Carry’ Ban passed Senate…and passing the Assembly Public Safety Committee: Some Domestic Violence Questions (Publ. Sept. 10, 2011, Format-only update Aug. 10, 2019) short-link ends “-QY,” originally about 15,200 words**; added remarks about 800 more. Some broken image links removed, etc.
**I see that much of the length is how long the quotes are, and many articles quoted. My actual comments aren’t that long.
**2019 (Extended) UPDATE REMARKS:
Why I’m updating such an early post: It came up in a search result for a recent post. In Sept. 2011, I had no idea I’d still be posting eight years later. Early post sometimes lack the “Read-More” link, which makes for more tedious viewing of any search results they show up in. They also don’t have a pleasant background color. By now I have fairly standard formats (page-width, borders, and the practice of including a full post title with visible “short-link” ending and post length) (and date published nearby if not in the actual title), and so have applied it here.
My blogging is more organizations/operations-financed now, however if you read this post, you’ll see I’d already identified both names, practices, and interactions among certain domestic violence organizations, still in power — and still federally-funded, which has a lot to do with WHY.
I also see from a brief review that it references a DV fatality with the last name “Samaan.” ALL such fatalities are dramatic, but this one, as I recall (it should be checked), involved someone (the mother) working for the state Attorney General’s office — and she couldn’t even save her own; there apparently being some built-in-delay on kidnapping or Amber alerts when it’s a parent involved. Too late to save lives… If I also recall, from eight years ago looking up individuals involved, his side of the family had relatives involved as custody evaluators or in some way with psychological services in the family courts. However the “SAMAAN” case is incidental to this post, not its focus.
In 2019, recently, there have been mass shootings in (at least) three U.S. cities. I referenced this in an August recent post (“A Health System Flush with Cash” as I recall), in the context: There is always drama and headlines; let us, however remember to focus on ongoing drivers of public policy (case in point, the tobacco tax revenues merging into welfare reform revenues, both aimed, naturally at lifelong behavioral modification and particularly (as to at least California) Early Childhood initiatives, i.e., “First 5” commissions & related nonprofits. I also looked at what is now “Truth Initiative Foundation” (previously, “American Legacy Foundation.”
A passing reference to my previous research on specific gun control (or “gun safety”) networks came up in that context; I posted a link to an earlier post and in the context, this one came up also. I then referenced more recent set of nonprofits (formed 2007ff and funded by one of the worlds, or at least the U.S.’s wealthiest men, former Mayor Bloomberg) as it had come up in the domestic violence context, again, in an article circulated on Twitter.
Therefore nothing should be “read into” my cleaning up this post other than, I’m cleaning up an early post in the sense of adding the usual html to produce borders, title up front, and an easy-to-copy title with short-link. I do, however, have standing as having dealt personally with guns and knives in the home (and my ex’s then-obsession with collecting both of them and using them in intimidating ways, particularly when I’d engaged in some known socially supportive, positive connection outside the home. The act of engaging in socially supportive, positive connections outside the home, even ones he’d personally ordered me to attend (in a few key incidents) itself seemed to provoke dangerous situations at home.
I am MANY years outside of co-habiting with this individual; he is not bothering me any more, despite two (now grown) children in common. The major post-DV damage was definitely accomplished through the family courts in a way it just could not have been, long before. While my ex was a very “strange bird” (and dangerous to live with), in fact, it was my family’s reaction to my expelling a batterer which INITIALLY fueled the family court fiascoes (battles) that followed. My point in all this blogging includes that, while these venues exist, we do not have a safe place to flee, and many times may not be allowed to, for “social science” reasons anyhow.
If anyone wonders, I do not do “concealed carry” but wouldn’t tell anyone if I had such a license. My general solution is geographical distance and drastic reduction of communications, to this day; something not possible with minor children and co-parenting orders.
I am both luck and glad to still be alive and able to post. //LGH Aug. 10, 2019
I just happened to catch this in a news subtitle — it was not discussed at all. However, a group is definitely tracking Open Carry laws nationwide:
HOT: Click here to defend open carry rights in California!
New Here? Join The Forum! |
because there hasn’t been a problem with open-carry demonstrations in other cities.”
They are talking about California SB 661 and AB 144, part of which I’ve quoted below.
They write, in opposition:
Subject: Oppose AB 1144 & SB 661
Dear Assembly member [or Senator] _______:
I urge you to oppose AB 144 & SB 661.
These bills are aimed at making it difficult or impossible to open carry properly holstered handguns in California. Because California’s concealed handgun permit program allows Sheriffs and police chiefs absolute discretion in issuance of concealed carry permits, open carry is the only way for most California citizens to carry handguns in public.
If these bills pass, California gun owners will be forced to open carry rifles and shotguns in public places – something which remains legal under the bills. California residents deserve to retain their Second Amendment right to carry handguns, and proponents of these bills want to stomp our rights into the ground.
A number of people in our state are allowed to carry concealed weapons, because they have a concealed carry permit. But not Exposed Unloaded Weapons, because it freaks too many law-abiding citizens out. Lest we have too many freaked-out citizens (not good for business) around, California is passing another law to stop this
I respond as a domestic violence survivor who had dealt with multiple guns (not the only weapon) in the home. It was actually the knives that frightened me more, along with the previous injuries involving neither gun nor knife. Overall, living in fear is no way to live, period. After years of attempting other law-abiding ways to deal with law-breaking behaviors, I sometimes look back and wonder how it might have played out had I learned to be more aggressive, and had come into life (including marriage) with the ability to handle a firearm and self-defense training.
By the end of this (ever-extending) post, you’ll read about an Open Carry advocate soccer mom, who was shot to death by her parole officer husband anyhow (they had young children and were not even separated); about how groups that are typically anti-DV laws (if not feminism) that are quite alert as to violation of civil liberties, and how the domestic violence response typically is, well, er — despite how hated it is by certain groups — still ineffective.
This topic hits close to home, which means it may NOT be my best post, but I’m putting this information out FYI, food for thought. Nibble on some of it, and I hope digest some — if Open Carry is a misdemeanor, then how are women to stay alive and keep their kids alive when there is real — not false allegations, not trumped-up reasons (as it ALLEGEDLY happens so often in courts) — real danger to life, limb, and bystanders because of earlier poor choice of partners followed by the No Exit systems which the family custody arena truly is?
I wonder whether the father who just allegedly shot his two-year old to death, and himself, was illegally carrying a concealed weapon.
Luzerne County, PA: “Doctrine of absolute judicial immunity” vs “Racketeering, fraud, money laundering, extortion, bribery and federal tax violations,” and more…
In Lovely Luzerne, PA, two judges were, ah, moonlighting? (maybe their salaries didn’t support their lifestyles?) — well, you can google the background story, of judges indulging themselves in the Kids for Cash business. Several parallels apply to the family law arena
For Kids Caught in PA Scandal, Trials not Over
It is slow going for about 4,500 juvenile defendants who were caught up in the Luzerne County, Pa. “cash-for-kids” scandal and who want to get their records cleared.
It has been more than a year since state courts first ordered that verdicts handed down by Luzerne County Judge Mark A. Ciavarella Jr. be thrown out. But the price of judicial misconduct has been steep, according to a Philadelphia Inquirer article:
“[F]ewer than 10 percent of the records have been expunged. Luzerne County is hiring staff to finish the job. But even then, thanks to the mounds of paperwork and multiple agencies involved, officials say it will take another year to erase all the records.
“That leaves young people who are trying to enlist in the military, obtain student loans, win teacher certification, or apply for certain jobs entangled in red tape.”
A panel that investigated the scandal listed 43 reform recommendations in May. Its report (see Gavel Grab) detailed a scandal that involved two judges who later were charged with receiving more than $2.8 million in payoffs; they were accused of taking kickbacks to send juveniles to private detention centers
{“Gavel Grab” leads to the “Justice at Stake” campaign & its partners}
About this post:
In the Law.com report on a defendant’s attempt to receive damages under the RICO charges, we learn about judicial immunity, standing, causes of action in these cases (emotional trauma doesn’t count / financial loss does).
When I looked up a single point raised therein, “11th Amendment,” a riveting, mind-numbing PA case, from the late 1990s surfaced — the wife of an abusive police officer repeatedly seeks intervention. I narrate and discuss it, too.
- As the situation escalates (starting with a suicide attempt, threats to kill (mostly her, but once, their son], private & public assaults [not of her only] and beatings, stalkings, and useless 911 calls, the husband/officer, who was never (that I can see) locked up once, finally is served a restraining order. Actually, 3 (all of which he basically ignores, and its witnessed violating by officers), after which he (predictably) finally succeeds in killing himself — after he shoots his wife point-blank in the chest.
- In the same timeframe, in PA, the Pennsylvania Coalition Against Domestic Violence (or at least Barbara J. Hart) has been publishing lethality assessments, lists of warning signs, and indicators, ALL of which this man met, plus-some. One begins to wonder where the communication gap was, between the DV people and the officers, although certainly it’s a tough situation for them also.
- Finally, the wife attempts to regroup damages, to sue for negligence by the officers. does so on the wrong basis, and a Court of Appeals overturns this. That section is in mostly green font.
I inserted this account, which illustrates the parallel worlds of DV literature and street reality, the graphic reality of living with an abuser (and regretfully, that no one apparently insisted on utter and complete separation when these things began; she almost was killed, was seriously injured, and for years the children and others associated with her were at risk from this father/husband/police officer who never received whatever help or intervention might have put a stop to his behaviors.) AND I include it for us to understand that being assaulted, injured, or feeling betrayed, and having sought and failed to find help doesn’t always qualify a person for compensation for losses, however much common “logic” may feel it is due, when public servants are negligent.
The Jessica Gonzales case in Colorado, in which this also mother-of-three warned the officers, who didn’t take her seriously, and her children were murdered. This is where a case could go AFTER they separated because of violence — it could get worse. In 2005, Chicago attorney/professor Joan Meier, Washington Post/published in StopFamilyViolence.org, summarizes the critical issue in Town of Castle Rock, Colorado v. Jessica Gonzales, itslef a response to Ms. (then) Gonzales’ suit against the town. My post is getting long, but I suggest reading a few paragraphs of this one. Her incident was in 1999 (Ms. Burella’s, 1996-1998). Years later, after the deaths, the cases are still in the courts. My take on the issues at this point — issuing restraining orders has become in too many cases, “certifiably insane.” Why not make self-defense training a marriage requirement? Or, incorporate it into high school curricula, as a requirement, along with learning some basics of our legal system? They become simply red flags, whether the initial violence was from psychiatric disorder, or a simply overentitled person, or some of both. If police canNOT be held to enforce them (and after the police, a judge has to sentence; if the judges repeatedly release criminals, and so forth) — we need to find another way.
Published March 19, 2005 by The Washington Post
Battered Justice For Battered Women
by Joan Meier [Prof. of Clinical Law, George Washington Univ, Washington, D.C.,1983 U. Chicago Law School, cum laude, Exec. Dir. of DVLEAP]
It is common for the public and the courts to criticize women who are victims of domestic abuse for staying in an abusive relationship and tolerating it. But what happens when women do try to end the abuse? Jessica Gonzales’s story provides one horrifying answer.
In May 1999 Gonzales received a protection order from her suicidal and frightening husband, Simon Gonzales, whom she was divorcing. The order limited his access to the home and the children. On June 22 the three girls disappeared near their house. But when Jessica Gonzales called the Castle Rock, Colo., police department, she received no assistance. Over a period of eight hours, the police refused to take action, repeatedly telling her that there was nothing they could do and that she should call back later — even after she had located her husband and daughters by cell phone. The three young girls, ages 7, 9 and 10, were not to survive the night. At 3 a.m. on June 23, Simon Gonzales arrived at the police station in his truck, opened fire and was killed by return fire. The bodies of Leslie, Katheryn and Rebecca were found in the back of his truck.
Perhaps his life might have been saved also. “serve and protect” I guess.
Next week the U.S. Supreme Court will hear the case of Town of Castle Rock, Colorado v. Jessica Gonzales, which stems from Gonzales’s lawsuit against the police. The question before the court is whether the constitutional guarantee of procedural due process was violated by the police department’s dismissal of the protection order, in clear violation of the state statute, which required them to use “every reasonable means” to enforce it. If procedural due process — required by the 14th Amendment — means anything, then it must be found that it was violated here, and the U.S. Court of Appeals for the 10th Circuit has so ruled
While no justice for this mother or her three daughters, there’s a diligent pursuit of justice to prevent any consequences for the prior injustice. To the Supreme Court.
The doctrine of procedural due process derives from the principle that when a state chooses to establish a benefit or right for citizens, it may not deny such benefits in an arbitrary or unfair way. In this case, the state established a benefit of mandated police enforcement of protection orders. Aware that police discretion too often fails, the Colorado legislation required the police to make arrests or otherwise to enforce domestic violence restraining orders of the sort issued to Jessica Gonzales. Police discretion was limited to determining whether a violation of an order had occurred. Yet in this case the police did nothing; they simply ignored the complaint, a clear example of “arbitrary” conduct
(Joan S. Meier)
Luzerne County Judges Racketeering and
“Julie Burella (et al.) v. City of Philadelphia” [Court of Appeals]
What these two cases taught me:
Individuals and relatives/friends of women targeted by these kinds of beatings assaults, making life hell situations — as well as the improperly locked up juveniles in Luzerne County — need to understand some legal basic, including <>standing (jurisdiction), <>legitimate causes of action, <> what is or is not a legitmate tort, or breach of contract (etc.) and<> who is and is not going to be immune from damages. These are often forgotten in the emotional drama of survival, and dealing with the emotions around the case. This kind of understanding is not generally handed to one by one’s attorney, and I guarantee you it’s not by most “justice centers.” It needs to be sought and obtained.
Rights cannot be protected if one doesn’t know what they are. Moreover, the credibility gap between mainstream domestic violence law, and applied practice, remain. Women need to protect themselves adn their children, when possible (if intervention fails and the situation continues to escalate) by leaving.
Permanently. George Bush, Bill Clinton, and President Obama’s policies aside, our right to LIFE is unalienable. hence, women must be able to act on that. The parent who has engaged in threatening or trying to eradicate that right in others, based on wife as property, husband as property, or children as property, and has repeatedly demonstrated this in private OR public, should lose subsidiary rights, such as contact with their children. The family law arena appears to exist in order to subvert that principle. Though I am no attorney, I can read, and have. The no-fault divorce situation creates a different kind of court as to divorce, and limits remedies in some sense, just as a “civil” restraining order implies that the violence, or causes of action justifying it, were not criminal in nature, which quite often they are.
(from the FBI Philadelphia Sept. 2009 bulletin:)
(the youth/juveniles that came in front of these judges didn’t have that standard applied…)
That these two got caught doesn’t mean there were no others…
and here’s LAW.Com’s comments that, at least THIS time, sometimes, ya’ get caught… whether or not this indicates compensation for the problems caused
For any future youngsters, or their parents, hoping that a RICO suit might help compensate for years lost, or other damages — emotional trauma ain’t enough. I’ll bold the wording here. As posted in “Law.com” (link included):
Disgraced Former Judges Lose Immunity Battle in ‘Kids for Cash’ Scandal
Ruling also includes some setbacks for the plaintiff, who claims he was one of the victims of the alleged kickback scheme when he was sentenced to the juvenile facility in 2005
The Legal Intelligencer
August 11, 2010
Even the doctrine of absolute judicial immunity proved to be too weak a defense for the two disgraced former Luzerne County judges who are the leading figures in Pennsylvania’s “kids-for-cash” scandal.
A federal judge has ruled that the pair — Michael T. Conahan and Mark A. Ciavarella Jr. — are immune only for actions they took in court or while ruling on cases, but that they can still be sued for their roles in an alleged conspiracy to take kickbacks from the owner and builder of a privately run juvenile prison. Conahan had also asserted a defense of legislative immunity, arguing that some of the allegations lodged against him stemmed from the funding decisions he made in his role as president judge.
But U.S. District Judge A. Richard Caputo rejected that argument, saying: “It does not appear that Conahan had the type of general policy-making power that would cloak his actions with legislative immunity.“
Meaning, if he HAD been a general policy-maker, he would have legislative immunity, I guess….
The ruling means that Conahan and Ciavarella face possible liability for their roles as the alleged architects of the larger alleged conspiracy to cut off all funding for the then-existing county-owned juvenile facility and to take kickbacks in return for ensuring a steady stream of incarcerated youths so that the new, privately run facility would be profitable.
I am not blogging about juvenile justice systems. This blog is about FAMILY court matters, more dealing with parental relationships, which, unfortunately brings us into the realms of violence, kidnapping, child abusee, child molestation, and the fathers-rights-womens-rights-childrens-rights debate. The Pennsylvania case is different in application (violating kids’ due process in order to provide warm bodies for supposed crimes they had committed), as opposed to violating one set of parents’ due process in order to provide referral business for the court professionals and the professions flocking around the courts. It’s somewhat of a technicality, when you grasp “steady stream of .(warm bodies) . . . so that . . . would be profitable.” and the criminal nature of a business racket. And what kind of personalities would choose judgeships to engage in them. What an ethical violation — to go to a judge fo justice, and that judge is himself a criminal, with cohorts.
The two former judges were hit by federal prosecutors in September 2009 with a 48-count indictment containing charges of racketeering, fraud, money laundering, extortion, bribery and federal tax violations in connection with allegedly accepting more that $2.8 million from the builder and former co-owner of a private juvenile detention facility. Conahan agreed in April to plead guilty to one RICO count.
Caputo’s 12-page opinion in Dawn v. Ciavarella, handed down on Monday, also included a few setbacks for the plaintiff, Wayne Dawn, who claims he was one of the victims of the scheme when he was sentenced to the juvenile facility in 2005.
First, Caputo found that Dawn’s RICO claims must be dismissed because he lacks standing to pursue such a claim.
Any Plaintiff’s comPlaint should establish standing up front. The fact that in the family law business, it’s not unusual for judges to issues orders where they have no standing doesn’t change the fact that individual FAMILIES or PARENTS had better make sure they do!
Under RICO, a plaintiff must plead an injury to “business or property,” Caputo noted, and the courts have consistently rejected the notion that personal injury or mental distress can satisfy that requirement.
“Injury for RICO purposes requires proof of concrete financial loss, not mere injury to an intangible property interest,” Caputo wrote.
From what I now understand of the court process, I’m of the opinion that parents might as well face that reforming these courts stands a better chance in pointing out the fraud, racketeering type activity within them (and sometimes involving other parts of the system, i.e., the criminal law elements) than running the conferences about how it’s hurting our kids. On what basis do we think the people involved actually care?
Dawn’s claim fell short of that test, Caputo found, because he “has not alleged sufficient injury to business or property to confer standing to bring a claim pursuant to RICO. Plaintiff’s claims for loss of sense of well-being, emotional trauma and stigma are not the type of concrete financial loss that is envisioned by the phrase ‘injury to business or property.'”
If Dawn was the youth (I didn’t read this complaint, am just familiar with the case generally), probably that well-being, emotional trauma and stigma are going to hurt him/her very badly — in fact we know from acestudy.org and common sense that this would. However, RICO is a business-type charge involving cheating, stealing, and financial loss or damages. Many people caught up in the drama and passion of this, offended by the betrayal, forget the context in trying to get heard (I know I did and have).
Caputo also ruled that Dawn cannot pursue any claims against the Luzerne County Juvenile Probation Department or Sandra Brulo, the probation department’s former deputy director of forensic programs.
“Because Juvenile Probation is an arm of the state that is immune to suit pursuant to the 11th Amendment and Pennsylvania has not waived its immunity to suit, its motion to dismiss will be granted,” Caputo wrote.
I searched for 11th amendment, this county and found several cases (in PA, different counties):
Debra Haybarger v. Lawrence County Adult Probation and Parole,e t al. State governments and their subsidiary units are immune from suit in federal court under the Eleventh Amendment. AND:
Date: 09-24-2007
Case Number: 04-1157/2495
Judge: Fuentes
Court: United States Court of Appeals for the Third Circuit on appeal from the Eastern District of Pennsylvania (Philadelphia County).
Here’s a REAL egregious case, a living nightmare where a police officer’s wife tries, repeatedly and HARD, to get the 911 calls, help for her husband through his employers, the police department, and finally /too late, that “certifiably insane restraining order” system to work — against her police officer husband, who is off the chart dangerous, and eventually seriously injured her (shot her in the chest) and killed himself. She tries to sue, among others, the officers who kept releasing the guy or refusing to arrest him, even when they witnessed the violations immediately. Multiple threats to kill, beating her at home, she calls repeatedly, etc. The officers, responded, we have immunity. The District court ruled — no you don’t. THIS is the Appeals court ruling, well, actually, yes they did.
This BURELLA case is late 1990s, (somewhat off the post’s RICO topic but ON the blog’s topic) and 34pages long.
Please READ parts of it if you are among the innocent (or ignorant/apathetic/too busy to process til it hits you, or your family) who doesn’t yet grasp “why don’t she leave?,” or that a restraining order ain’t the end of the process and may increase the risk for many of us! What about the enforcement that backs it up? What about if the attacker KNOWS enforcement is lax?
Well, then logically, she’d better get the heck out of there…. But – – — what about their kids? But — joint shared parenting presumptions and court orders make that nigh impossible! Ask Dawn Axsom, from Arizona, and her mother, Oct. 2009.
Oh, I forgot — you can’t — they’re dead. Fox news blamed it on “the Custody Battle” and calls them ALL (3) victims, not the man who shot his wife, mother in law and then himself, orphaning their baby. My blog was only one of many on this incident. There are so many such incidents, I even forgot I blogged that one…
That, in a nutshell, seems to be how our country STILL views Fathers killing Mothers (and/or others, and/or themselves). Being a mother and a woman, this woman (like Burella, below) knew danger whne she experienced or sensed it, and tried to reconcile being a law-abiding citizen with being a LIVING citizen. She went to her death complying with a court order, apparently. How was the judicial immunity in that case? (As it’s in Maricopa County, I recommend reviewing the top page in this blog, and “National Association of Marriage Enhancement” nonprofit, based in Phoenix and possibly also having its contract steered to it in ia not-quite-above-the-board manner. NAME started (as I recall) in 2006. Axsom’s case relates to this refusal to allow women to leave violent relationships because there is a crisis in fatherlessness in this country, which is detrimental to the health of the children. That policy was in full effect also during the Burella years, per 1995 Executive Order from then-President Bill Clinton, to re-arrange and review HIS branch of government, at least, to accommodate “fatherhood” and address the nation’s crisis in kids not waking up in homes with their biological fathers.
At what point does the law of reverse efforts set in, and the failure of ROI cause a policy change?
JILL BURELLA – US COURT OF APPEALS 04-1157/2495
Description:
In January 1999, George Burella, a ten-year veteran of the Philadelphia Police Department, shot and seriously injured his wife, Jill Burella, and then shot and killed himself.1 George Burella had emotionally and physically abused Jill Burella for years prior to the shooting. Although she reported numerous incidents of abuse to the police over the years, obtained several restraining orders just days before the shooting, and told police that her husband continued threatening her despite the orders, police failed to arrest him. This appeal concerns whether the police officers had a constitutional obligation to protect Jill Burella from her husband’s abuse. {(make that “violence” please!)} Despite our grave concerns about the Philadelphia Police Department’s alleged conduct in this case, we hold that the officers did not have such an obligation. Accordingly, we will reverse the District Court’s denial of qualified immunity and remand for further proceedings consistent with this opinion.
I. Background
We set forth in some detail the long and protracted history of physical and emotional abuse in this case because it is central to Jill Burella’s claim that Philadelphia police officers knew about the abuse, but nevertheless failed to act, thereby violating her due process and equal protection rights.
. . .
The abuse began around February 1996, when George Burella was convicted of disorderly conduct for stalking his wife at her workplace and assaulting her male co-worker who he suspected was having an affair with her. One month later, in the face of marital troubles and a severe gambling problem, George Burella attempted suicide. He survived and was admitted to a psychiatric hospital where he was diagnosed with depression.
After her husband was released from the hospital, Jill Burella contacted the Philadelphia Police Department’s Employee Assistance Program (“EAP“), which is designed to assist officers in obtaining help with personal problems. The EAP notified the City Medical Department, which placed George Burella on restricted duty and referred him to City doctors for psychological treatment.
There’s an old movie, a comic parody of Robin Hood, called “Men in Tights.” What follows here (in green) describes what surely was HELL, in living with this “Man with Gun.” His wife and mother tries to get them help, sounds like every way possible. Who knows if or what threats she might’ve received about trying to leave, or if she tried to. It’s hard enough to get away from abusers when you are in their social/personal networks sometimes — can you imagine that when the personal/social network includes fellow officers? ONLOOKERS should notice — what she did, the police and EAP responses. This man was a problem waiting to happen, and happening. Suicide attempts, stalking, depression, assaulting others (jealousy), threatening to kill her, beating her, using his official privilege to defuse an incident, and he had 3 children… I’ll color-code the red flag incidents RED, her or others’ attempts to help or stop it bold and the responses, BLUE. Then you can ask, what century , and country, do we live in? Is this a 3rd world country? In certain ways, USA-style, for women, YES.
George Burella’s violence towards his wife continued over the next several years and, in early June 1998, she contacted the Philadelphia Police Department’s Internal Affairs Division to report the abuse. Internal Affairs referred the matter to the EAP, which assigned George Burella a peer counselor.
Later that month, on June 26, 1998, George Burella assaulted his wife and another man at a local bar. Witnesses called 911, but George Burella left the bar before police officers arrived. When he got home, he phoned his wife and threatened to shoot their son Nicholas if she did not immediately return to the house. After calling 911, Jill Burella rushed home, where her husband, who was armed with a gun, threatened to shoot her. Before the matter worsened, police officers arrived. George Burella initially refused the officers’ order to surrender, but did so after the officer in charge agreed to report the incident as a domestic disturbance, rather than a more serious offense. {{bargaining it down is common}} Officer Robert Reamer, who is named as a defendant in this lawsuit, was one of the officers who arrived at the scene.
They could probably throw a person in jail for being drunk and disorderly in public, or resisting arrest after being confronted with jaywalking. Or for too many parking tickets (?).
This man had already — on this night alone, and after some years of assault & battery: assaulted his wife AND another man in public, threatened to kill their SON by phone, threatened her, with a gun, in person, and resisted arrest. And that was a “domestic disturbance” ??? Even the part in public and involving a non-relative being assaulted? Sounds to me like her reporting and seeking help had made the situation worse; jealousy plus maybe his perceived public humiliation (i.e. some witnesses called 911) followed by public retaliation…
After the police officers left, George Burella began beating his wife on their front lawn. Her parents arrived and took her to their house, but George Burella followed them there. Once at her parents’ house, she tried to call 911, but her husband wrestled the phone from her and told the operator that he was a police officer and that everything was under control. As a result, the operator did not instruct police to respond to the situation. Three days later, Jill Burella contacted the EAP to report the incident, but because the EAP failed to notify Internal Affairs, the incident was never investigated.
I’m going to speculate that her life at this point was a combination of walking on eggshells and trying to consider her options, plus work, plus being a Mom. I can only imagine what it might be like after years of assaults by an officer who knew he could bargain down and schmooze off some of his violence under the authority of his uniform. Some men are maybe attracted to that uniform to serve & protect, but some also for the authority. That one night, the first 911 hadn’t helped. At her parents, now they AND her kids were at risk. Again, 911 was called. What were her genuine options and wishes here? (I’m not going to continue with the font changes — but can readers mentally separate, 1, 2, 3: 1. Incident, 2. attempts to call for help or get safe, 3. system responses.)
In July 1998, George Burella called his wife at work in Upper Southampton Township and threatened to kill her. After Upper Southampton police officers arrived at her workplace, she received several more threatening phone calls from her husband. The officers called Captain Charles Bloom, George Burella’s commanding officer, and a defendant in this lawsuit, to inform him about the incident.
I’m starting to wonder about any meds for depression from that 1996 hospital visit….READ THIS, a report about possible links to “atypical anti-psychotics” being pushed, since 1999, in a Tacoma Mental Hospital…
Captain Bloom became directly involved in the situation on August 13, 1998, when Northampton police officers arrested George Burella for assaulting Jill Burella in Bucks County. The officers released George Burella into the custody of Captain Bloom, who escorted him home. {{What, the jails were full near home? Didn’t want to embarass the guy?}}
Three days later, on August 16, George Burella called his wife while she was visiting his parents with the children and again threatened to kill her. When he went to his parents’ house, Northampton police officers responding to an emergency call escorted him to his car, unloaded his firearm, and placed it in the trunk of the car.{{did not lock him up, maybe following Cap. Bloom’s lead?}} Shortly thereafter, officers found him driving in the vicinity of the house with his gun re-loaded and placed on the backseat of his car. Officers took him to a local hospital, but he was released shortly thereafter.3 After being notified of the incident, Captain Bloom ordered George Burella to submit to a psychiatric evaluation.
Later that month, George Burella admitted himself to a psychiatric hospital, but left after four days of treatment. {{one wonders, of what sort? How could he just “leave”?}} Several days later, City psychologists examined him and concluded that he should be monitored for the next two years. After one follow-up appointment with City doctors in September 1998, he did not return for treatment.
Without consequences, apparently, for this. Was it a city order, or a personal recommendation from Capt. Bloom?
On December 24, 1998, George Burella again assaulted his wife, this time while she was visiting a friend. (CHRISTMAS EVE….)
Philadelphia really isn’t that far from Washington, D.C. In 1994, VAWA passed. News travels slowly, it seems. From my perspective (I was being assaulted in those years, and didn’t know about VAWA, or my options, either) it’s now clear that this woman is being punished for engaging in normal activities outside home & work. He is also sending a clear message to anyone in her social support system that they, too, might be at risk, at the least being affected by witnessing the violence to her.
Mothers caught in the court system after abuse also experience the escalation. Even well-meaning people have their own lives to live. It becomes nearly impossible to be a staunch supporter and ally, because the trauma is ongoing and repetitive, and never fully resolved — court orders aren’t enforced, crises can be generated by any accusation, practically IN the courts, plus the incidents outside of them also. That’s why I often liken the family law system to the abuse I knew, in these 1990s (another part of the country…). Same effects, same system deafness to the dangers.
When Philadelphia police officers arrived, they allowed him to leave with the couple’s youngest daughter (a twin, if I recall), and then took Jill Burella and her two other children home, where her husband resumed beating her. {{HOW does one spell “insane”??}}
Jill Burella — she’s been beaten, with kids watching it, for years now, threatened with guns, assaulted/stalked, and/or threatened to kill her (or her son): at her workplace, at a bar, at her parent’s house, at a friend’s house, on her front lawn, at home, at her work place, in Bucks County. IHe has (1996) actually attempted to commit suicide. The man, a cop, and the situation, is a walking /stalking time bomb in need of some serious intervention.
In response, he has NOT been locked up once, but HAS been:
- (1996) Admitted to a psychiatric hospital and diagnosed with depression
- place on restricted duty and referred to City doctors (?) for psychological treatment (was it received?)
- (1998) Assigned a peer counselor
- After a night of multiple incidents and threats to kill (including his son), the responding officer downgrades this to “domestic disturbance” and does not arrest.
- The same night, he simply resumes beating her. Her PARENTS try to rescue her (evidently no policeman is going to) by taking her away. He follows them there. She tries to call 911, he interferes with the phone and talks the situation down — and so far that dispatch operator was not brought up to speed on the evenings’ developments. Perhaps nothing further happened that night because all parties were just exhausted…
- 3 days later, she calls EAP again, who does not notify Internal Affairs, and nothing is investigated. (Way to go!)
- July, 1998, more threats to kill (at her workplace). The responding officers tell his commanding officer, Captain Bloom. No record of anything being done.
- August, 1998 more assaults and/or threats. Captain Bloom drives him home…Tells him to go to a psychiatric hospital . . He goes, but quits. City psychologist then say he needs 2 years of monitoring (not exactly a sensible decisions, in light of the past). He goes once, and no mention of follow up by them. I think we get the picture that Mr. B. doesn’t appreciate that he is breaking the law, nor has anyone to date apparently attempted to communicate this to him by locking him up even overnight!
So now, she is going to try a restraining order. I wonder how well THAT is going to work after all this. Is the guy showing restraint? Is any part of this system going to back her up if he violates it? Because if not, then (I now ssay) they shouldn’t issue it. Better to give her and the kids some self-defense training, or another place to live, like witness protection. 1998, people….
Over the course of the next few weeks, Jill Burella obtained the three protection from abuse orders relevant to this lawsuit. On January 2, 1999, {{NB: last recorded assault — and Philadelphia police officers blowing it off — Dec. 24, 1998 in Philadelphia}} she obtained an emergency ex parte protection from abuse order from the Philadelphia Court of Common Pleas that prohibited her husband from “abusing, harassing, stalking and/or threatening” her, and from “living at, entering, attempting to enter or visiting” the couple’s home. {{the KICKOUT}} The order further provided that officers “shall . . . arrest the defendant if he/she fails to comply with this Order.” (App. at 110-11.) The next day, Officer Reamer served the order on George Burella, who, according to Jill Burella, immediately violated it by shouting at and threatening her. Despite witnessing the alleged violation, Officer Reamer permitted George Burella to enter the house.
These officers have forgotten their responsibilities and become a public health hazard. THEY don’t respect protection from abuse (say what? in PA they don’t call it “VIOLENCE”? Did they ever?). Obviously neither does the husband in question. If they refuse to enforce the law (is a court order an order? or a suggestion? If they refused to arrest without an order, now, they had an order and it even specified they SHALL arrest if he fails to comply. So THEY are in contempt of that order, as I see it.) So, what are they doing in office and pulling a salary? Directing traffic? CYA-ing? Whom are they serving and what are they protecting?
There’s a site for law enforcement called “behind the blue line.” There’s also a blog for officer-involved violence, called, “Behind the Blue WALL.”
Not all officers try to “blow off” domestic violence.
In 1999, an officer sued his bosses, the mayor, and others in federal court over retaliation against him for his trying to do his job!, also involving an officer and domestic violence against his wife (also an officer):
Same dynamics, same timeframe (1996-1999), same state – Pittsburgh, PA area
Jim McKinnon, Pittsburgh Post-Gazette, June 4, 1999
A Pittsburgh police officer has sued his bosses in federal court, charging that they have retaliated against him for doing his job, which he said has included filing complaints against other officers. In a lawsuit filed in U.S. District Court, Edmond N. Gaudelli Jr. names as defendants Mayor Murphy, Deputy Mayor Sal Sirabella, police Chief Robert McNeilly, Deputy Chief Charles Moffatt, several assistant chiefs, commanders and sergeants, a doctor at the training academy and an internal investigator, among others. Gaudelli, 32, a police officer since 1990, says in the suit the defendants had conspired to retaliate against him since 1996, when he filed a grievance against several officers, including a complaint that opposed the appointment of McNeilly as police chief… The marks against Gaudelli began to mount when, as an officer at the West End station, he said he responded to a domestic violence call at the home of McNeilly and his wife, police Cmdr. Catherine McNeilly. Gaudelli said in the complaint that McNeilly had told him to phone his supervisor and have records of the call removed from the running sheet…On assignment at a store in Waterworks Mall, Gaudelli said, he was disciplined again because he tried to arrest Officer Cindy Harper for shoplifting. Gaudelli said Harper’s husband, Assistant Chief Nate Harper, intervened and then was part of a conspiracy to have him fired…
McNeilly was the George Burella (at least in that incident), and Gaudelli was the responding Captain Bloom. But Gaudelli tried to file the repoet. McNeilly pulled a “Burella” and said, basically, to clear his name, pulling rank to do so. Domestic violence victims should be aware this can happen. Officer Gaudelli, assigned to a mall to stop troublemakers (including presumably shoplifting), couldn’t even do that, when the person doing it was an officer. And the US doesn’t have a caste system or grant titles of nobility? ?? Sounds like some public servants aren’t aware of this.
So, back to the Burella situation —
The next day, Jill Burella obtained {where? Criminal or Civil? HOW?} another temporary protection from abuse order, which essentially repeated the terms set forth in the January 2 order. In addition, the court awarded her temporary custody of the couple’s three children, prohibited George Burella from having “any contact” with her, and ordered him to relinquish all guns other than his service weapon, which he was required to turn over to his commanding officer at the end of every shift. The order also stated that “[t]his Order shall be enforced by any law enforcement agency in a county where a violation of this Order occurs.” (App. at 121-22.) {{either that was standard, or it was accommodating all the other places he followed his wife and assaulted or threatened her)}}.
Later that day, Jill Burella called 911 after she received threatening phone calls from her husband. After officers arrived, and while in their presence, she received several more calls from her husband. The officers told her they could not do anything unless her husband was physically present {is that word “threatening” in the RO too vague to comprehened?} .4 When Jill Burella called the police the next day, again they told her that nothing could be done unless her husband was physically present at her house.
On January 8, 1999, Jill Burella obtained a final order of protection.5 Four days later, following an appointment with a psychiatrist at the City Medical Department, George Burella went to the house he formerly shared with his wife and shot her in the chest. He then immediately shot and killed himself. Although she suffered serious injuries, Jill Burella survived the shooting.
I cannot help noticing (2nd or 3rd reading of this case) that troubles escalated after visits to a psychiatric hospital.
OR, another article on schizophrenia, violence, with substance abuse (which Burella had) and atypical antipsychotis — if the guys take ’em:
Management of Violence in Schizophrenia The public perception of people with schizophrenia often is, unfortunately, of uncontrollable–possibly murderous–criminals. While mental health providers know this stereotype is almost always wrong, they do have real concerns about controlling violent tendencies in some patients with schizophrenia–especially people with co-occurring substance abuse disorders. Treatment of schizophrenia has become more effective with the introduction of the atypical antipsychotics, but getting patients to take their medications still proves to be a problem and is related to their potential for violence.
Before I comment on the LEGAL issues of this, let’s look at a document from Pennsylvania dating to 1990, which is why I include its contents here. Lethality Assessment by Barbara J. Hart is well-known in this field of DV. I wonder what happened that — same State — the message didn’t get through, somehow, that this guy was going to shoot somebody, possibly her. Nowadays, they are still selling “risk assessments” to the courts, as similar incidents continue.
The dispatcher and responding officer can utilize the indicators described below in making an assessment of the batterer’s potential to kill. Considering these factors may or may not reveal actual potential for homicidal assault. But, the likelihood of a homicide is greater when these factors are present. The greater the number of indicators that the batterer demonstrates or the greater the intensity of indicators, the greater the likelihood of a life-threatening attack.
Use all of the information you have about the batterer, current as well as past incident information. A thorough investigation at the scene will provide much of the information necessary to make this assessment. However, law enforcement will not obtain reliable information from an interview conducted with the victim and perpetrator together or from the batterer alone.
- Threats of homicide or suicide.The batterer who has threatened to kill himself, his partner, the children or her relatives must be considered extremely dangerous.
- Fantasies of homicide or suicide.The more the batterer has developed a fantasy about who, how, when, and/or where to kill, the more dangerous he may be. The batterer who has previously acted out part of a homicide or suicide fantasy may be invested in killing as a viable “solution” to his problems. As in suicide assessment, the more detailed the plan and the more available the method, the greater the risk.
- Weapons.Where a batterer possesses weapons and has used them or has threatened to use them in the past in his assaults on the battered woman, the children or himself, his access to those weapons increases his potential for lethal assault. The use of guns is a strong predictor of homicide. If a batterer has a history of arson or the threat of arson, fire should be considered a weapon.
- “Ownership” of the battered partner. The batterer who says “Death before Divorce!” or “You belong to me and will never belong to another!” may be stating his fundamental belief that the woman has no right to life separate from him. A batterer who believes he is absolutely entitled to his female partner, her services, her obedience and her loyalty, no matter what, is likely to be life-endangering.
- Centrality of the partner.A man who idolizes his female partner, or who depends heavily on her to organize and sustain his life, or who has isolated himself from all other community, may retaliate against a partner who decides to end the relationship. He rationalizes that her “betrayal” justifies his lethal retaliation.
- Separation Violence. When a batterer believes that he is about to lose his partner, if he can’t envision life without her or if the separation causes him great despair or rage, he may choose to kill.
- Depression.Where a batterer has been acutely depressed and sees little hope for moving beyond the depression, he may be a candidate for homicide and suicide. Research shows that many men who are hospitalized for depression have homicidal fantasies directed at family members.
- Access to the battered woman and/or to family members.If the batterer cannot find her, he cannot kill her. If he does not have access to the children, he cannot use them as a means of access to the battered woman. Careful safety planning and police assistance are required for those times when contact is required, e.g. court appearances and custody exchanges.
- Repeated outreach to law enforcement.Partner or spousal homicide almost always occurs in a context of historical violence. Prior calls to the police indicate elevated risk of life-threatening conduct. The more calls, the greater the potential danger.
- Escalation of batterer risk.A less obvious indicator of increasing danger may be the sharp escalation of personal risk undertaken by a batterer; when a batterer begins to act without regard to the legal or social consequences that previously constrained his violence, chances of lethal assault increase significantly.
- Hostage-taking. A hostage-taker is at high risk of inflicting homicide. Between 75% and 90% of all hostage takings in the US are related to domestic violence situations.
If an intervention worker concludes that a batterer is likely to kill or commit life-endangering violence, extraordinary measures should be taken to protect the victim and her children. This may include notifying the victim and law enforcement of risk, as well as seeking a mental health commitment, where appropriate. The victim should be advised that the presence of these indicators may mean that the batterer is contemplating homicide and that she should immediately take action to protect herself and should contact the local battered woman’s program to further assess lethality and develop safety plans.
Hart, B.“Assessing Whether Batters Will Kill” PCADV, 1990.
In February 2000, Jill Burella filed a complaint in Pennsylvania state court against Officer Reamer, Captain Bloom, and Captain Bloom’s successor, Francis Gramlich, along with the City of Philadelphia and Dr. Warren Zalut, the City psychiatrist who saw George Burella on the day of the shooting. After the case was removed to federal district court, she filed an eight-count amended complaint asserting various federal constitutional and state law claims. The officers and the City moved for summary judgment on all counts asserted against them.6 This appeal concerns solely the District Court’s summary judgment ruling that the officers are not entitled to qualified immunity with respect to Jill Burella’s due process (Count I) and equal protection (Count IV) claims.
This case cites the Castle Rock case. The opinion is worth understanding. People receiving restraining orders need to understand what they are and what they are not. As residents of a rain forest understand the rain forest, or those who live in monsoon territory have to understand the ramifications of the deluge, residents of the United States, though a Constitution, Bill of Rights, and legal systems exist, they exist in a context — on paper and arguments about them have created a deluge of paperwork over the 2+centuries since we started. They are only as good as interpreted by those who read act on this paperwork.
So, the deluge of paperwork can lead to life, IF one is prepared to understand its contexts, and shifting contexts, too., or death if one places false or misguided hope in them alone. Whether to stake one’s life on the force of that paperwork is personal, like a decision to stake one’s life on a God, or sacred writings describing that God. Whatever one chooses, chances are that sooner or later and like it or not, one is going to come face to face with someone who reads it differently, or thinks it’s a joke, and be forced to deal with him or her. This could include one’s own marriage certificate, obviously.
This is what Judge Fuentes, in the Burella appeal, wrote (any emphases are mine…):
[as above…United States Court of Appeals for the Third Circuit on appeal from the Eastern District of Pennsylvania (Philadelphia County)]
As discussed above, however, the Court in Castle Rock
unambiguously stated that absent a “clear indication” of legislative
intent, a statute’s mandatory arrest language should not be read to
strip law enforcement of the discretion they have traditionally had
in deciding whether to make an arrest. 545 U.S. at 761. Although
the Supreme Court did not specify what language would suffice to
strip the police of such discretion, it is clear after Castle Rock that
the phrase “shall arrest” is insufficient. As previously noted, the
Supreme Court explicitly stated that “a true mandate of police
action would require some stronger indication from the Colorado
Legislature than . . . �shall arrest.'” Id.
To the average person, “shall arrest” means “shall arrest.” But, the Supreme Court kept in mind that police discretion (discussed in more detail in the document). The word “shall” means “shall,” or at least we hope so, in something as official as a court order signed by a judge. GOOD, we think, NOW I finally have some protection. But the law doesn’t always think like that (logically), nor courts, and obviously not police. So, the safe understanding would be to understand the bottom line. It doesn’t mean ‘squat,’ really. Maybe to you, but not to others.
Thus, a restraining order is only as good as SOMEONE has respect for it and will act on it as if it were unilaterally true.
In addition, we note that Jill Burella’s argument fails to
address the Supreme Court’s observation in Castle Rock that even
if the Colorado domestic violence statute mandated an arrest, it
would not necessarily mean the victim would have an “entitlement”
to an arrest. That is, although the Pennsylvania statute allows a
victim of domestic violence to “file a private criminal complaint
against a defendant, alleging indirect criminal contempt” for
violation of a protective order, 23 Pa. Cons. Stat. � 6113.1(a), or
“petition for civil contempt” against the violator, 23 Pa. Cons. Stat.
� 6114.1(a), like the Colorado statute, it is silent as to whether a
victim can request, much less demand, an arrest.14 See 23 Pa.
Cons. Stat. Ann. � 6113:1(a). In fact, “[w]hen an individual files
a private criminal complaint [under � 6113.1], the district attorney
has the discretion to refrain from proceeding for policy reasons.”
Starr v. Price, 385 F. Supp. 2d 502, 511 (M.D. Pa. 2005); Pa. R.
Crim. P. 506.
. . .
Finally, we cannot ignore that despite framing the issue as
one of procedural due process, what Jill Burella appears to seek is
a substantive due process remedy: that is, the right to an arrest
itself, and not the pre-deprivation notice and hearing that are the
hallmarks of a procedural due process claim.
In short, whether framed as a substantive due process right
under DeShaney, or a procedural due process right under Roth, Jill
Burella does not have a cognizable claim that the officers’ failure
to enforce the orders of protection violated her due process rights.15
Therefore, we need not determine whether her entitlement to police
protection was “clearly established” at the time of the alleged
violation before concluding that the officers are entitled to
qualified immunity.
* * *
Outcome: The facts Jill Burella alleges, if true, reveal a terrible
deficiency on the part of the Philadelphia Police Department in
responding to her complaints of domestic abuse. Binding precedent
nevertheless compels our conclusion that the officers� failure to
arrest her husband, or to handle her complaints more competently,
did not violate her constitutional right to due process or equal
protection of the law. Accordingly, we hold that the officers are
entitled to qualified immunity on her constitutional claims.
We will reverse and remand to the District Court for further
proceedings consistent with this opinion.
BACK TO THE LUZERNE COUNTY CASE,
Juvenile WAYNE DAWN’s COMPLAINT and CAPUTO’s ruling
As for Brulo, the judge concluded that the allegations in Dawn’s lawsuit were too thin to justify allowing the claims to proceed to the discovery stage. “There are no specific factual allegations made against Brulo. Instead, there are blanket assertions about what all defendants did collectively, many of them consisting of legal conclusions, such as defendants aiding and abetting each other in this conspiracy,” Caputo wrote.
Sounds like a poorly-written high school composition, starting with the conclusion, rather than starting with a thesis and systematically showing the reader the process and facts that led to it. In other words, sloppy writing.
(Again, I didn’t read Dawn, just the comments on it here).
Dawn’s complaint, Caputo said, “is littered with the type of bald assertions and legal conclusions warned against by the Supreme Court” in its recent decisions in Bell Atlantic v. Twombly and Ashcroft v. Iqbal.
“Plaintiff has not alleged any actions taken by Brulo specifically and, therefore, has failed to raise a reasonable expectation that discovery will reveal evidence that Brulo violated plaintiff’s rights,” Caputo wrote.
The main focus of Caputo’s opinion was tackling the arguments lodged by Conahan and Ciavarella, both of whom are acting as their own lawyers and had sought a dismissal of all claims.
Caputo concluded that while the former judges are entitled to assert absolute judicial immunity, it was not enough to end the case because Dawn’s suit accuses the judges of taking steps in the alleged conspiracy that went beyond their roles as judges.
According to the suit, Conahan and Ciavarella struck an agreement with attorney Robert Powell and Robert K. Mericle, the owner of a local construction company, to build a new, privately owned juvenile detention center in Luzerne County as a replacement for the adequate, publicly owned juvenile detention center already in existence.
For the new facility to be financially viable, the suit alleges, it would require a regular stream of juvenile defendants, and Conahan and Ciavarella agreed to divert large numbers of juveniles into the new facility in order to gain more than $2.8 million in kickbacks.
To hide these ill-gotten proceeds, the suit alleges, Conahan and Ciavarella transferred the money via wire transfer to various corporations controlled by them. Their cooperation in the conspiracy allegedly included removing all funding from the publicly run detention center, having juveniles moved to the new privately owned facilities built by Mericle and operated by Powell, agreeing to guarantee placement of juvenile defendants in the new facilities, ordering juveniles to be placed at the private facilities and assisting the new juvenile detention centers in securing agreements with Luzerne County.
Caputo ruled that, under the doctrine of absolute judicial immunity, Dawn cannot pursue any claim that is premised on a theory that Conahan and Ciavarella did not act as impartial judges, failed to advise juveniles of their right to counsel or failed to determine whether guilty pleas were knowing and voluntary. But Caputo also found that “many of the actions taken by Conahan were not of a judicial nature.”
The alleged agreements entered into by Conahan with Mericle and Powell, as well as any budget decisions make by Conahan as president judge, or any advocacy for building a new detention center are “non-judicial acts that are not subject to absolute judicial immunity,” Caputo wrote.
Likewise, Caputo found that “some of Ciavarella’s alleged actions are covered by judicial immunity, while others are not.”
Ciavarella’s courtroom actions in sentencing juveniles, including his sentencing of Dawn, are protected by judicial immunity, Caputo found.
“As for to the other allegations,” Caputo wrote, “such as Ciavarella’s role in the conspiracy to build the juvenile detention centers and receive kickbacks, those allegations are extra-judicial activity that is not protected by absolute judicial immunity.”
Dawn’s lawyer, Timothy R. Hough of Jaffe & Hough in Philadelphia, could not be reached for comment. Brulo’s lawyer, Scott D. McCarroll of Thomas Thomas & Hafer in Harrisburg, also could not be reached.
I have lost some editing in the last few “saves” and am for now “abandoning ship” on this post which began to usurp my free time for the last two days. My equipment has a (vey) slow processor, which challenges my ability to retain the train of thought while it is completing a save (or even dribbling out keystrokes several seconds after input — I’m a fast typist), and I have miles to go before I sleep. Hopefully this post was not a “sleeper” and may have awakened us out of some rhetoric-induced slumber in these matters. If you hang around some circles too long, you begging to believe and accept their theories, without critical analysis and distancing, as a lifestyle, too. It’s laborious, but better.
JESSICA (GONZALES) LENAHAN’S STATEMENT
FOR THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
MARCH 2007
ACLU WEBSITE — SHE HAS NOT GIVEN UP SEEKING ANSWERS
- Hello, my name is Jessica Lenahan. My former married name was Jessica Gonzales. I am grateful to the Inter-American Commission on Human Rights for allowing me this opportunity to tell my story. It is a courtesy I was not granted by the judicial system of my home country, the United States. I brought this petition because I want to prevent the kind of tragedy my little girls and my entire family suffered from happening to other families.
Let me start from the beginning. I am a Latina and Native American woman from Pueblo, Colorado. I met my previous husband, Simon Gonzales, while still in high school. I married Simon in 1990 and we moved to Castle Rock, Colorado in 1998. We lived together with our three children – Rebecca, Katheryn, and Leslie – and my son Jessie, from a previous relationship.
- Throughout our relationship, Simon was erratic and abusive toward me and our children. By 1994, he was distancing himself from us and becoming more and more controlling, unpredictable, and violent. He would break the children’s toys and other belongings, harshly discipline the children, threaten to kidnap them, drive recklessly, exhibit suicidal behavior, and verbally, physically, and sexually abuse me. He was heavily involved with drugs.
Simon’s frightening and destructive behavior got worse and worse as the years went by. One time I walked into the garage, and he was hanging there with a noose around his neck, with the children watching. I had to hold the rope away from his neck while my daughter Leslie called the police.
Simon and I separated in 1999 when my daughters were 9, 8, and 6. But he continued scaring us. He would stalk me inside and outside my house, at my job, and on the phone at all hours of the day and night.
On May 21, 1999, a Colorado court granted me a temporary restraining order that required Simon to stay at least 100 yards away from me, my home, and the children. The judge told me to keep the order with me at all times, and that the order and Colorado law required the police to arrest Simon if he violated the order. Having this court order relieved some of my anxiety.
- But Simon continued to terrorize me and the children even after I got the restraining order. He broke into my house, stole my jewelry, changed the locks on my doors, and loosened my house’s water valves, flooding the entire street. I called the Castle Rock Police Department to report these and other violations of the restraining order. The police ignored most of my calls. And when they did respond, they were dismissive of me, and even scolded me for calling them. This concerned me and made me wonder how the police might respond if I had an emergency in the future.
- Simon had at least seven run-ins with the police between March and June of 1999. He was ticketed for “road rage” while the girls were in the truck and for trespassing in a private section of the Castle Rock police station and then trying to flee after officers served him with the restraining order.On June 4, Simon and I appeared in court, and the judge made the restraining order permanent. The new order granted me full custody of Rebecca, Katheryn, and Leslie, and said that Simon could only be with our daughters on alternate weekends and one prearranged dinner visit during the week.
File under “split personality court orders” THANK you, George Bush, Bill Clinton, Pres. Barack Obama (not much changed), formerly and til now, Wade Horn, Ron Haskins, Jessica Pearson (Center Policy Research, AFCC founder, I heard, Gardner fan), and anyone and everyone who really can say with a straight face that the nation’s true crisis is when children do NOT wake up with their biodad in the home. Thank you, multi-million$$ Healthy marriage/REsponsible Fatherhood funding, and any legislator with ties to Rev. Sun Myung Moon, but not open about it. Thank you, for your overt subversion of the United States of America founding principles and documents, and being AWARE of this enough to be secretive about it, as evidenced by failing to tell protective MOTHERS (like this one) while recruiting Dads behind our backs, to give them advice adn sometimes free legal help to get our kids away from us.
Thank you about 3 major organizations in the Denver area driving this policy, and thank you for being smart enough to know that “all animals are equal, but some are more equal than others” really wouldn’t hold sway legally, so it had to be practiced through another Branch of Government, voila, (1991) Health and Human Services department, and the things I’ve been blogging about.
Thank you for police officers that back each other up, but not women seeking protection via the restraining order system. I also know of officers that gave their lives to save others, in domestic violence incidents. I’m not talking about them, but the others. You know which you are.. Some men wear the uniform, and others live it — just like some men fit the fatherhood shoes, and others need to put theirs on and just keep walking…..
Yeah, I’m moved . . . Was Jessica a real Mom? Was she a person? Were her daughters?
The father had attempted suicide, and he gets a typical custody situation, alternate weekends. What’s THAT? an attempt to use the kids to make him a better man?
- (her children are kidnapped. She repeatedly asks the police to help… Here are some of the responses):
- Less than 3 weeks later, Simon violated the restraining order by kidnapping my three daughters from our yard on a day that he wasn’t supposed to see the girls. When I discovered they were missing, I immediately called the police, told them that the girls were missing and that I thought Simon had abducted them in violation of a restraining order, and asked them to find my daughters. The dispatcher told me she would send an officer to my house, but no one came.
I waited almost two hours for the police, and then called the station again. Finally two officers came to my house. I showed them the restraining order and explained that it was not Simon’s night to see the girls, but that I suspected he had taken them. The officers said, “Well he’s their father, it’s okay for them to be with him.” And I said, “No, it’s not okay. There was no prearranged visit for him to have the children tonight.” The officers said there was nothing they could do, and told me to call back at 10pm if the children were still not home. I was flustered and scared. Unsure of what else I could say or do to make the officers take me seriously, I agreed to do what they suggested.
- THAT JUDGE’S STANDARDIZED ORDER SET HER UP FOR THIS. THERE WAS NOTHING SHE COULD’VE DONE, WITHOUT HERSELF BREAKING IT, TO CHANGE THE SITUATION.
-
Soon afterwards, Simon’s girlfriend called me and told me that Simon called her and was threatening to drive off a cliff. She asked me if he had a gun and whether or not he would hurt the children. I began to panic.
I finally reached Simon on his cell phone around 8:30 pm. He told me he was with the girls at an amusement park in Denver, 40 minutes from Castle Rock. I immediately communicated this information to the police. I was shocked when they responded that there was nothing they could do, because Denver was outside of their jurisdiction. I called back and begged them to put out a missing child alert or contact the Denver police, but they refused. The officer told me I needed to take this matter to divorce court, and told me to call back if the children were not home in a few hours. The officer said to me, “At least you know the children are with their father.” I felt totally confused and humiliated.
- {{My children did not die. But, despite any court order (and there’s one to this date ordering weekly contact — with me — it’s not safely enforceable. I haven’t seen either one in a long time. Prior to that situation, I was in this situation with officers, and got a similar response, in a context of escalating threats to take them, and troubles. AFTER they were taken, I was given the same line, even though at this time their address was unknown and they weren’t attending school. The story almost never changes, much….}}
- I called the police again and again that night. When I called at 10pm, the dispatcher said to me that I was being “a little ridiculous making us freak out and thinking the kids are gone.” Even at that late hour, the police were still scolding me and not acknowledging that three children were missing, not recognizing my repeated descriptions of the girls and the truck.
- NOW, her children are dead — through their negligence and ignoring her pleas — and here is how she is treated:
- After hearing about the shooting, I drove to the police station. As I attempted to approach Simon’s truck, I was taken away by the police and then to the local sheriff’s office. Officials refused to give me any information about whether the girls were alive. They ignored my pleas to see my girls. {{I have been in this situation, very similar, requests ignored}} The experience revictimized me all over again. They detained me in a room for 12 hours and interrogated me throughout the early morning hours, as if I had a role in the children’s deaths. They refused to let me see or call my family. It was absolutely the most traumatic, horrific, and exhausting experience of my life!
- I have noticed over time, that if a woman is persistent in reporting violations of court orders, stalking, threats, or missing children in particular, the anger will be turned on her; she will not be heard. We might as well accept and prepare ourselves for this emotionally, though it’s wrong. Police officers’ roles includes dominating others, and situations. They’re REAL good at dominating traumatized women….This includes verbal abuse as well, mocking, sarcasm, belittling, questioning, interrupting when one is asking legitimate questions, — in fact, practically everything an abusive partner might do, with this kicker: they are authorized to use force in certain situations, and they carry sidearms.
-
The media knew my girls were dead before my family or I did. I was finally told by state officials around 8am that Simon had murdered the girls before he arrived at the police station. However, I never learned any other details about how, when, and where the girls died. I continue to seek this information to this day. I need to know the truth.
Several family members and I asked the authorities to identify the girls’ bodies, but we were not permitted to view their bodies until six days later – when they lay in their caskets. My daughters’ death certificates and the coroners’ reports state no place, date, or time of death. It saddened me not to be able to put this information on their gravestones.
- Today, nearly eight years after my tragedy, I continue to seek a thorough investigation into my babies’ deaths. I see nothing being done in Castle Rock or nationwide to make police accountable to domestic violence victims. It’s like rubbing salt in my wounds.
So why did the police ignore my calls for help? Was it because I was a woman? A victim of domestic violence? A Latina? Because the police were just plain lazy? I continue to seek answers to these questions.
We rely on the courts and the police for protection against violence. But I learned from my tragedy that the police have no accountability. The safety of my children was of such little consequence that the police took no action to protect my babies. If our government won’t protect us, we should know that. We should know that we are on our own when our lives are at risk.
Had I known that the police would do nothing to locate Rebecca, Katheryn, and Leslie or enforce my restraining order, I would have taken the situation into my own hands by looking for my children with my family and friends. I might have even bought a gun to protect us from Simon’s terror. Perhaps if I had taken these measures, I would have averted this tragedy. But then I might be imprisoned right now. That is the dilemma for abused women in the United States.
- I am blogging. I am telling people. This woman has told people. You read it in the late 1990s and you’ve now read two statements from the year 2007 (Burella’s appeal, denied, citing Gonzales’s failed Castle Rock case). Remember what I said about the ‘deluge” of paperwork. If we are going to go the “paperwork” route, the due diligence is necessary to understand the REAL contexts of it. The REAL context of it is that one cannot count on enforcement.
- Moreover, I also assert (and have discussed this more among my friends than on the blog) that the fatherhood and the domestic violence advocates are in bed together, and care more about their conferences and grants than our lives, and probably always have. I don’t say this with anger (well, not TOO much anger), but so we who don’t have another year to waste won’t waste anther year looking for help, rather than helping ourselves in the most moral, legal, and humane way possible.
There are consequences to the U.S. when women have to go to the international level to ask for protection. I’ve read about globalism and am aware of NGOs, and so forth, but the gol-dang Tea Party folk, and libertarians, if they will not recognize woman’s humanity as equal to theirs, even when not bound to a husband, they are going to cost us this country. Show me an honest faith-based organization that’s involved in government, and I’ll work with it. Til then, no thank you! Where are woman who have some faith to hang out? In some mega church that has less respect for women than the Castle Rock police Dept? ???
This IACHR link will be put on the front page.
How many foundations, acronyms (CPR, MDRC, PSI), Federal $$ and Ivy League hotshots does it take to “screw” . . the Poor?
INTRO (added 07/17)
For international visitors, or others who may not get the pun in the title:
There’s a common joke used to degrade people of certain ethnic — or professional — profiles, usually to insult the intelligence of the target group. It refers to screwing in a a lightbulb, something a child can do, and goes “How many ______s does it take to screw in a lightbulb?” and the answer is a clever twist on why it takes so many. ”
The word “Screw” has another off-color connotation, pun intended here.
In this case, it’s NOT a joke; the more I look, the more I feel the USA is screwed. By whom — read on. I experienced total devastation through this system, so far, and without committing a single crime. My “social” crime was not taking the low road, but the high road, out of a marriage that probably shouldn’t have happened, but did, and then my misplaced value on marriage (exactly what these people are promoting) resulted in my staying in just short of us becoming a statistic. There weren’t real other options, that I saw — welfare, and a battered women’s shelter with one toddler, and pregnant with another child? That wasn’t in my vocabulary or background – we were a WORKING family.
We didn’t fit — at all (nor do many women affected by religious-based violence) the target profile of these programs — AT ALL. I was full-time employed while pregnant, and gave birth to very healthy children, fully covered by insurance provided by my work, not his. By the second child, almost every infrastructure was shut down — for me — and came only through him, and he wasn’t very forthcoming.
Women are NOT going to be safe in their marriages, if the marriage goes sour or violent, or OUTSIDE them unless we can be safely independent without excommunication from our communities.
Society has to handle its love/hate relationship with the PAID wages of employed mothers (meaning, child care, school system, after care, a certain scenario. Because the public school system in this country discriminates against the poor, that also impacts their future) AND the UNPAID benefits nonworking mothers provide to their familis and children.
CORPORATIONS historically have cared about their profits first, and their employees second, until forced to do differently. This splits up families, obviously. SCHOOLS in the US are also a jobs basis and designed on the corporate model, the “employer” being the government (although that government gets its wages from the very parents and non-parents it claims to be serving and educating).
CHURCHES, MOSQUES and SYNAGOGUES also must deal with money matters, and typically exist (from what I understand) in the US as “nonprofit” tax-exempt corporations. They have mortgages and typically pay their leaders (although not always). Therefore when a financial conflict of interest arises because a prominent — or even just attending — father begins assaulting a daughter or a wife, the temptation will be to cover it up for the “greater good,” i.e., continuing the community, but sacrificing the individual’s rights or safety. Some readers will remember, this was attributed to why Jesus Christ had to be sacrificed – – because if he “rocked the boat,” the Romans might come in and make it worse for the Jews. Which, later, obviously happened.
=======
As a woman who has seen the best and worst of a religion I adopted as a young woman because my own family was destitute of one, of a personal family identity outside one father’s professional profile (for the most part), I am quite willing to reject “religion” when it fails to practice what it preaches as I see my government, and its institutions have also utterly failed the people they preach about “serving.”
These foundations have utterly forgotten what the Declaration of Indepencence declares, and are mostly concerned about their own positions in life, and structuring a society to preserve their right to run others’ lives without their informed consent, and at their expense, too.
When a president cannot say the word “mother” along with the word “father” when describing “Families and Children,” and this president is held up as a role model and leader, women, and mothers of children, and the children ARE “screwed.” Linguistically, they are just sperm incubators, a delivery system for kids. We also get to now be scapegoats for society by either declining to marry, or leaving a marriage, yet the actual scapegoats are the society’s engineers, not the people who have become simply the gas in its (think) tanks or the blood in its veins.
It takes time to gestate and raise a child, and I think we are approaching the time when women are going to start saying NO! We will NOT produce babies for you to abuse, waste, or box up and become half-human order-takers and low-wage laborers, or young men and women to go fight your wars over land, oil, and the global economic system. If I participate in this happening, perhaps I will have in part helped compensate for having been unable to stop domestic violence they witnessed growing up, or divert and protect them from the INSANITY that took place the moment some professional, probably on the take either literally ($$) or by business referrals, knew how to “let the games begin” by getting our case into a custody battle.
THE OTHER SIDE OF THE MARRIAGE/FATHERHOOD COIN – –
SUSPENDING CIVIL RIGHTS MAKES NO $$SENSE$
This dates back 5 years.
2005
(DOLLARS and SENSE logo here)
29 Winter Street, Boston, MA 02108 USA
T:(617)447-2177
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Copyright © 2010 Economic Affairs Bureau, Inc.
Marriage Promotion, Reproductive Injustice, and the War Against Poor Women of Color
On December 22, at the stroke of midnight, Renita Pitts became a single woman. Renita is 44 years old, a mother of five with 14 grandchildren. She has been on and off of welfare for most of her life. After she had her fifth child, her husband brought crack cocaine into their house, telling her that it would help her lose weight. She became addicted and struggled for 13 years with that addiction. Throughout her marriage, Renita says, she was afraid to leave her house. “I couldn’t trust my husband with our children long enough to go to school. If I left for even an hour, he would have a full-fledged party going on when I came back,” she says. In addition to being a drug addict, Renita’s husband was verbally, emotionally, and physically abusive. She says they fought frequently, and she had to call the police again and again.
Renita and her husband separated shortly after she stopped using drugs and returned to college. She had also begun attending church. According to Renita, her husband “was insecure because of my security.” He gave her an ultimatum, saying she must leave school and stop going to church. When she refused, he left.
Despite the abuse and the drugs, Renita says, she felt many social pressures to stay married. Regardless, she says, “it was important not to have him in my life, constantly pumping me full of drugs.” She says the relationship had become so abusive that if she had stayed in it any longer, “someone would have ended up dead.”
With the help of California’s welfare program, Renita is currently enrolled in the African American Studies and Social Welfare departments at the University of California at Berkeley and works on social justice issues at the Women of Color Resource Center. She was happy to see her divorce finalized in December.
The life stories of Renita and many other women like her are not on the radar screen in Washington, however. Legislation that would promote marriage among low-income people is currently wending its way through Congress. The so-called “Healthy Marriage Initiative” includes a range of provisions designed to encourage women on welfare to get and stay married: providing extra cash bonuses to recipients who get married, deducting money from welfare checks when mothers are living with men who are not the fathers of their children, increasing monthly welfare checks for married couples, offering marriage and relationship education classes, and putting up billboards in low-income communities promoting the value of marriage. Several provisions specifically target Latino and African-American communities. So-called marriage promotion policies, such as those in the Healthy Marriage Initiative, have been touted by the Bush administration and enjoy wide bipartisan support in Washington. Many advocates, however, are concerned that, if the bill passes, it would become more difficult for Renita and domestic violence survivors like her to get a divorce and to survive without a husband.
Married Good, Single Bad
The administration’s point man for marriage promotion is Dr. Wade Horn, assistant secretary of Health and Human Services {HHS}, whose Administration for Children and Families {ACF} would run the initiative. In July 2002 Horn wrote, “On average, children raised by their own parents in healthy and stable married families enjoy better physical and mental health and are less likely to be poor. They’re more successful in school, have lower dropout rates, and fewer teenage pregnancies. Adults, too, benefit from healthy and stable marriages.” Critics say Horn sees the wedded state as a cure-all for society’s ills, while ignoring the difficulties of promoting something as intensely personal as marriage. Horn and others in the ACF refused repeated requests for comment.
Marriage promotion legislation has its roots in the 1996 welfare reform act. This legislation ended welfare as an entitlement–it allowed states to deny assistance to fully qualified applicants, and resulted in the abrogation of some applicants’ constitutional rights. It also created a five-year lifetime limit for welfare recipients, denied aid to many immigrant communities, created cumbersome financial reporting requirements for welfare recipients, and set up work rules that, according to many recipients, emphasize work hours over meaningful employment opportunities and skill development. The legislation explicitly claimed promoting marriage as one of its aims.
When welfare reform was passed, Congress required that it be revisited in five years. The Healthy Marriage Initiative that Congress is considering today was introduced in 2002 as part of the welfare reform reauthorization package. Welfare–now known as Temporary Aid to Needy Families (TANF)–was set to be reauthorized that year, but that reauthorization is now two years overdue.
In September, Senators Rick Santorum (R-Pa.) and Evan Bayh (D-Ind.) introduced a bill to reauthorize welfare for six months without overall changes, but with $800 million for marriage promotion and fatherhood programs over a two-year period. Sen. Santorum has been a strong proponent of marriage promotion. In an October 2003 speech to the Heritage Foundation, he promised to aggressively press for legislation that supported marriage between one man and one woman. “The government must promote marriage as a fundamental societal benefit. … Both for its intrinsic good and for its benefits for society, we need marriage.
{{Did these men, Senators, not take an oath of office similar to the President’s, to uphold and defend the constitution? If these Senators are so concerned about marriage, why don’t they socially shun, and hold conferences about, some of their cheating-on-their-wives colleagues, let alone former Presidents (let’s hope Obama has better sense than Clinton in that category)..?? ONE nation under God, and ONE set of Federal laws, and ONE set of the Bill of Rights for all. Government designing family life is the same as Government deciding religion, and as such is prohibited…}}
And just as important, we need public leaders to communicate to the American public why it is necessary.” The reauthorization bill has died in the Senate, but because of its strong bipartisan support, it is likely to be re-introduced. Sen. Santorum refused repeated requests for comment for this story.
Diverting Dollars
Although the debate about marriage promotion has focused on the Healthy Marriage Initiative, this is just one piece of the Bush administration’s pro-marriage agenda. The Department of Health and Human Services has already diverted over $100 million within existing programs into marriage promotion. These are programs that have no specific legislative authority to promote marriage. Some examples: $6.1 million has been diverted from the Child Support Enforcement Program, $9 million from the Refugee Resettlement Program, $14 million from the Child Welfare Program, and $40 million from the Social and Economic Development Strategies Program focusing on Native Americans, among others. Plus, another nearly $80 million has been awarded to research groups studying marriage.
One beneficiary is in Grand Rapids, Michigan. Healthy Marriages Grand Rapids received $990,000 from the federal government in 2003 to “facilitate the understanding that healthy marriages between parents is [sic] critical to the financial well-being of children, increase effective co-parenting skills of married and non-married parents to improve relationships between low-income adults who parent children, increase active, healthy participation of non-custodial fathers in the lives of their children, increase the number of prepared marriages among low-income adults, and decrease the divorce rate among low-income adults.” The program coordinates local public media campaigns plugging marriage as well as relationship counseling classes, many offered by faith-based providers.
It is precisely this emphasis on marriage as a cure for economic woes that worries many welfare recipients and advocates. According to Liz Accles at the Welfare Made a Difference National Campaign, “Marriage promotion is problematic for many reasons. It is discriminatory. It values certain families over others. It intrudes on privacy rights. The coercive nature of this is lost on a lot of people because they don’t realize how deeply in poverty people are living.” Accles says that adequate educational opportunities, subsidized child care, and real job skills and opportunities are the answer to the financial concerns of women on welfare. She joins many domestic violence counselors in saying that marriage education funded by government coffers and administered via faith-based providers and welfare case workers is at best a waste of taxpayer money, and at worst pushes women deeper into abusive relationships that may end in injury or death
{{including sometimes to the kids. I’m still waiting for someone to explain to us how THAT helps the welfare of children And now that’s it’s known this happening, why hasn’t the policy changed??!}}
In Allentown, Pa., a program called the Family Formation and Development Project offers a 12-week marriage education course for low-income, unmarried couples with children. Employment services are offered as part of the program, but only to fathers. In its application for federal funding, the program set a goal of 90% of the participating fathers finding employment. No such goal was set for the mothers. According to Jennifer Brown, legal director at the women’s legal rights organization Legal Momentum, which filed a complaint with the Department of Health and Human Services, “What we fear is that this kind of sex stereotyped programming–jobs for fathers, not for mothers–will be part of marriage promotion programs funded by the government.”
Experts at Legal Momentum are concerned that the administration is diverting scarce funds from proven and effective anti-poverty programs and funneling the money into untested marriage-promotion programs. They say there is little information about what is happening on the ground, making it difficult to determine what activities have been implemented.
Feminist economists point out that the mid-1990s welfare reform law served larger economic interests by moving women out of the home and into the work force at a time when the economy was booming and there was a need for low-paid service workers. Now that the economy is in a recession, the government has adopted a more aggressive policy of marriage promotion, to pull women out of the work force and back into the home. According to Avis Jones-DeWeever, Poverty and Welfare Study director at the Institute for Women’s Policy Research, “We are talking about putting $1.5 billion into telling women to find their knight in shining armor and then everything will be okay.”
Jones-DeWeever says the view that marriage creates more economically stable individuals is not grounded in reality. She notes that individuals are likely to marry within their own socioeconomic group, so low-income women are likely to marry low-income men. According to author Barbara Ehrenreich’s estimates, low-income women would need to have roughly 2.3 husbands apiece in order to lift them out of poverty. Jones-DeWeever points out that in African-American communities, there are simply not enough men to marry: there are approximately two and a half women for every African-American man who is employed and not in jail. In addition, many social policy analysts are quick to point out that in general, poor people are not poor because they’re unmarried. Rather, they may be unmarried because they’re poor: the socioeconomic conditions in low-income communities contribute to a climate in which healthy marriages are difficult to sustain.
Another criticism of marriage promotion comes from survivors of domestic violence and their advocates. Studies consistently show that between 50% and 60%–in some studies up to 80%–of women on welfare have suffered some form of domestic violence, compared to 22% of the general population. In addition, between 3.3 and 10 million children witness domestic violence each year. Domestic violence survivors say their abuse was often a barrier to work, and many have reported being harassed or abused while at work. Most survivors needed welfare to escape the relationship and the violence. Any policy that provides incentives for women to become and stay married is in effect coercing poor women into marriage. Many women on welfare, like Renita Pitts, say that their marriages, rather than helping them out of poverty, set up overwhelming barriers to building their own autonomous and productive lives.
According to Kaaryn Gustafson, associate professor of law at the University of Connecticut, policies that attempt to look out for women’s safety by restricting or coercing their activities are paternalistic and misguided. “The patriarchal model is really troubling. The gist is that if there isn’t a man in the house there isn’t a family. The studies of family well-being are all very problematic because you cannot parse out the issues of education, socioeconomic status, and other emotional and psychological issues that are tied up in who gets married and who doesn’t.”
Domestic violence ITSELF often is a reflection of a paternalistic attitude, and this DOES stem at least from faith communities. Moreover, we have to look at this United States which used to legalize slavery. Slavery is abusive and a paternalistic attitude justified it. I’ve “just” had enough of this! So, in effect, promoting marriage — both undermines individual civil rights, and duplicates the same attitude which justifies such violence towards a woman because she is a woman!
Reproductive Straitjacket
While marriage promotion as a federal policy began in 1996, many say it is only one part of a much larger system of control over, and sanction of, the sexual and reproductive freedoms of poor women and women of color. Another part of this system is child exclusion legislation, which has been adopted by 21 states. Child exclusion laws permit states to pay benefits for only one child born to a woman on welfare. Social policy experts say it is a response to the myth that African-American welfare recipients were having more children in order to get larger benefit checks. Such laws push women either deeper into poverty, or into abortions. In some states, a woman who chooses to have another child instead of an abortion may end up trying to raise two or more children on less than $300 a month.
Christie, who would like to use only her first name, is a single mother of two. She has been working, supporting her children and herself, and going to college. Since her first child was born, she has also been receiving welfare. While on welfare, she fought to get a college degree in general education; now she hopes to get a job as a Spanish language translator. During her time in college, her welfare caseworker told Christie to quit going to school and instead report to a welfare-to-work program. She says, “I felt that it was a punishment. Just because I was on welfare, they could make me quit school and come and sit in a room and listen to people talking about the jobs I should get. Most of the jobs that they wanted you to have were geared towards the lower poverty level where you stay in poverty and you can never climb the socioeconomic ladder. It’s like that’s your position and that’s where you have to stay.”
When Christie became pregnant with her second child, her caseworker told her she could not receive an increase in her benefit. This forced Christie into some tough choices. “My religion kept me from having an abortion. I worked after I had my daughter, because I felt like it was a mistake that I made, and so I tried to do what I could for my daughter.” Christie says this legislation penalizes women for having children, and creates an overwhelming sense of guilt that permeates low-income families. Rather than celebrating the birth of her daughter, Christie felt that she needed to work twice as hard to make up for her “mistake.”
When states began adopting child exclusion policies in the early 1990s, they were implemented under federal scrutiny. States were required to keep data about the financial status of affected families. These data showed that child exclusion policies resulted in women and children being thrust further into poverty. One of the more sinister effects of the 1996 welfare reform law is that it did away with the requirement that states monitor the outcome of child exclusion policies. Since 1996, states have been able to impose sanctions on families without paying any attention to the results.
According to a July 2002 report by the Children’s Sentinel Nutrition Assessment Program (C-SNAP), a research and advocacy collaborative, child exclusion policies are directly correlated to a number of risks to the health and well-being of children. Infants and toddlers in families that have been sanctioned under the child exclusion provisions are 30% more likely to have been hospitalized than children from families who have not been sanctioned, and these children are 90% more likely to require hospitalization at the time of an emergency room visit. In addition, child exclusion sanctions lead to food insecurity rates that are at least 50% higher than those of families who have not faced sanction. The negative health and welfare impacts reported in the C-SNAP study increase dramatically with each year that a family experiences sanctions.
Proponents of child exclusion legislation, including many members of the Bush administration and a bipartisan array of senators and representatives, claim that women on welfare have no business bringing a new child into the world whom they cannot support financially.
The United Sates has a long history of regulation of poor women’s reproductive activities. From the forced sterilizations performed in low-income communities of color in the 1940s, 1950s, and even later, to state child services departments appropriating poor Native American children and giving them to upper-class white foster parents, many U.S. historians say that sexuality among lower-income communities of color has traditionally been viewed as something that should be controlled. The University of Connecticut’s Gustafson responds, “There is this idea that if you pay taxes you have the right to control those who don’t, and it smacks of slavery. There should be some scope of liberty that should be unconditional, and that especially includes sexuality and family formation.”
There’s no such respect for freedom and privacy under TANF. The program requires women to submit to a barrage of invasive questions and policies; TANF applicants must provide private details about every aspect of their lives. In California, for example, the application asks for the names of up to 12 men with whom a woman has had sexual relations on or around the time of her pregnancy. In San Diego county, before a woman can receive a welfare check, she must submit to a “surprise” visit by welfare case workers to verify that there isn’t an unreported man in the household, among other things.
One of the problems with all of these sexual and reproductive-based policy initiatives is that, according to Gustafson, they distract people from the actual issues of poverty. While TANF accounts for less than 2% of the federal budget, the hysteria surrounding whether and how to assist poor families with children has created an uproar about whether low-income women should even be allowed to have children.
Because the 1996 welfare reform law eliminated the concept of welfare as an entitlement, welfare recipients lack certain protections other U.S. citizens have under the Constitution. In effect, when you apply for welfare you are signing away many of your constitutional rights
Similarly, when a woman receives cash aid and food stamps after leaving a violent relationship, she signs over her right to collect child support to the local county. She is NOT, however, openly told that the U.S. Government is promoting marriage and some of the monies used to collect her child support are diverted into programs that may eventually help the man she just left get back into her life, or even get her children. In other words, we aren’t given full information to make a good decision at the time. This is VERy manipulative and in essence treat as her like less than adult.
For this reason, many advocates today are critiquing welfare through the lens of human rights rather than constitutional rights. International human-rights agreements, including the United Nations Convention on the Elimination of All Forms of Discrimination against Women, afford women many universal human rights. “Those include access to education, access to reproductive choice, rights when it comes to marrying or not marrying,” says Gustafson. “When you look at the international statements of human rights, it provides this context, this lens that magnifies how unjust the welfare laws are in the United States. The welfare system is undermining women’s political, economic, and social participation in society at large.”
On September 30, Congress passed another extension of the 1996 welfare legislation. This extension contained no policy changes–for now. When Congress does finally reauthorize welfare, child exclusion policies and marriage promotion are likely to be hot-button issues that galvanize the debate. According to Liz Accles at the National Welfare Made a Difference Campaign, there are three steps to a successful welfare strategy. “Access. Adequacy. Opportunity. All three of these hold equal weight. You cannot have benefits so low that people live deeply in poverty. You can’t have good benefits that only a few people get access to. You also need to have opportunity for economic mobility built in.”
Although the marriage promotion bill was defeated this time, it continues to enjoy strong bipartisan support–including support from the White House now that George W. Bush has a second term. Welfare recipients and social policy experts are worried that whenever welfare reform is debated, politicians will deem regulating the reproductive activities of poor women to be more important than funding proven anti-poverty measures like education and meaningful job opportunities.
RESOURCES Joan Meisel, Daniel Chandler, and Beth Menees Rienzi, “Domestic Violence Prevalence and Effects on Employment in Two California TANF Populations,” (California Institute of Mental Health, 2003); Richard Tolman and Jody Raphael, “A Review of the Research on Welfare and Domestic Violence,” Journal of Social Issues, 2000; Sharmila Lawrence, “Domestic Violence and Welfare Policy: Research Findings That Can Inform Policies on Marriage and Child Well-Being: Issue Brief,” (Research Forum on Children, Families, and the New Federalism, National Center for Children in Poverty, 2002); E. Lyon, “Welfare, Poverty and Abused Women: New Research and Its Implications,” Policy and Practice Paper #10, Building Comprehensive Solutions to Domestic Violence, (National Resource Center on Domestic Violence, 2000)
I looked up “Children Families and the New Federalism,” and on its database googled “domestic violence mediation” and found this:
Let’s look at who’s behind Parents’ Fair Share Demonstration, which project took place over a 10-ear period, it says:
MDRC Investigator(s) Fred Doolittle (MDRC)
Virginia Knox (MDRC)
Earl Johnson (MDRC)
Cynthia Miller (MDRC)Sponsor(s) US Department of Health and Human Services
MDRCFunder(s) PEW Charitable Trusts
Ford Foundation
AT&T Foundation
US Department of Health and Human Services
US Department of Labor
McKnight Foundation
Northwest Area Foundation
US Department of Agriculture
Annie E. Casey Foundation
Annie E. Casey FoundationSubcontractor(s) Abt Associates, Inc. Domain Income Security/TANF Status Completed (final report released) Duration Jun 1991 – Jun 2001 Type Research and/or Program Evaluation Goal To implement and evaluate the Parent’s Fair Share Demonstration (PFS). Program/Policy Description PFS centers on four core activities: employment and training services, peer support through group discussions focused on the rights and responsibilities of non-custodial parents, stronger and more flexible child support enforcement, and voluntary mediation services to help resolve conflict between the custodial and non-custodial parents. PFS is required for non-custodial parents (usually fathers) who are unable to meet child support obligations and have been referred to PFS by the courts. Notes No notes reported.
And the findings, in brief:
Recent Findings in Brief
Final Descriptive/Analytical Findings
As a group, the fathers were very disadvantaged, although some were able to find low-wage work fairly easily. PFS increased employment and earnings for the least-employable men but not for the men who were more able to find work on their own. Most participated in job club services, but fewer than expected took part in skill-building activities. PFS encouraged some fathers, particularly those who were least involved initially, to take a more active parenting role. Many of the fathers visited their children regularly, although few had legal visitation agreements. There were modest increases in parental conflict over child-rearing decisions, and some mothers restricted the fathers’ access to their children. Men referred to the PFS program paid more child support than men in the control group. The process of assessing eligibility uncovered a fair amount of employment, which disqualified some fathers from participation but which led, nonetheless, to increased child support payments.
Because I happen to be familiar with the contractor “MDRC” through prior research (i.e., looking around on the web….), I went to CPR (Centerforpolicyresearch.org) and simply typed in “Parent’s Fair Share.”
This is how many links came up:
Search Results
1 Projects – Parents’ Fair Share Demonstration Project – Relevance: 3006
Assist MDRC in design and implementation of a mediation component in the Parents’ Fair Share Demon…
http://www.centerforpolicyresearch.org/Projects/tabid/234/id/284/Default.aspx – 12/17/2008 4:09:47 PM2 Poverty – Relevance: 2008
Many of CPR’s projects involve identification and assessment of programs to reduce poverty and…
http://www.centerforpolicyresearch.org/AreasofExpertise/Poverty/tabid/262/Default.aspx – 1/19/2009 1:33:25 PM3 Incarceration and Reentry – Relevance: 1004
CPR has done seminal work on child support and incarceration. As a result of CPR’s studies of …
http://www.centerforpolicyresearch.org/AreasofExpertise/IncarcerationandReentry/tabid/263/Default.aspx – 1/19/2009 1:20:48 PM4 Projects – Child Support Strategies for Incarcerated and Released Parents – Relevance: 1003
Publicize information on the child support situation that incarcerated and paroled parents face an…
http://www.centerforpolicyresearch.org/Projects/tabid/234/id/378/Default.aspx – 12/18/2008 10:51:44 AM5 Court Services – Relevance: 1003
CPR’s Jessica Pearson and Nancy Thoennes have pioneered the development, implementation and ev…
http://www.centerforpolicyresearch.org/AreasofExpertise/CourtServices/tabid/256/Default.aspx – 1/19/2009 1:15:59 PM6 Projects – Evaluation of Parents to Work! – Relevance: 1002
Evaluation of a program to utilize TANF funds to deliver services to noncustodial parents involved…
http://www.centerforpolicyresearch.org/Projects/tabid/234/id/375/Default.aspx – 12/18/2008 10:46:52 AM7 Child Support – Relevance: 1002
CPR personnel have been leading researchers and technical assistance contractors for nearly ev…
http://www.centerforpolicyresearch.org/AreasofExpertise/ChildSupport/tabid/255/Default.aspx – 1/19/2009 1:09:46 PM8 Projects – Task Order 38: An Assessment of Research Concerning Effective Methods of Working with Incarcerated and Released Parents with Child Support Obligations – Relevance: 1002
An analysis of child support issues concerning offender and ex-offender noncustodial parents. The …
http://www.centerforpolicyresearch.org/Projects/tabid/234/id/382/Default.aspx – 12/18/2008 10:54:07 AM9 Projects – Texas Access and Visitation Hotline II – Relevance: 1001
Evaluation to assess the effectiveness of a telephone hotline offering parents in the child suppor…
http://www.centerforpolicyresearch.org/Projects/tabid/234/id/294/Default.aspx – 12/17/2008 4:21:13 PM10 Publications – When Parents Complain About Visitation. – Relevance: 1001
http://www.centerforpolicyresearch.org/Publications/tabid/233/id/427/Default.aspx – 12/18/2008 3:46:12 PM1 2 3 4 5 6 7
They do things like this:
Multi-Site Responsible Fatherhood Programs
Subcontract with Policy Studies Inc.
Contract with Office of Child Support Enforcement
U.S. Department of Health and Human Services
1999 – 2001
Multi-site evaluation of eight responsible fatherhood projects to assess various methods of outreach, client intake and service delivery to noncustodial parents in an effort to promote their financial and emotional participation in the lives of their children, and to assess the effectiveness of a management information system developed to for use at the sites.
or “MEDIATION INTERVENTIONS” (based at the Child Support Location) to get them more ACCESS to their children. . .. A whole other set of funding (HHS) is the “access visitation grants system.”
(CFDA 930597, I believe on TAGGS.hhs.gov) another thing I wasn’t told about in my custody issues.
MDRC, like PSI, like CPR, and others, are many of the organizations contracting out these programs. LESS highly publicized (but it’s out) is the court-based organization, AFCC giving awards to Ms. Pierson (of CPR), this organization also pushes mediation.
We are all in all moving quite towards a “planned economy,” whether or not we personally approve of it, or comprehend in just how many ways. LOOKING UP ONLY “Parent’s Fair Share” on the web, these came up:
Operated by the RAND Corporation
http://www.promisingpractices.net/program.asp?programid=43
For this amazing summary, with so many government agencies, quite an assemblage of persona (and backed by several foundations), done in 8 different areas, the bottom line is, it didn’t affect anyone’s bottom line! No significantly increased child support payments, and not much more involved fathers. Says so right here!:
- Overall, from the perspective of the custodial parents, the net result of PFS did not produce a detectable change in their total income as a result of child support payments.
- With respect to child contact, PFS did not lead to increases in the frequency or length of contact that noncustodial parents had with their children.
In fact, kind of the contrary:
- For more-employable men, the program had little effect on average earnings and somewhat reduced employment among those who would have worked in part-time, lower-wage jobs.
Hrere’s the MDRC site report on the Parent’s Fair Share:
The Parents’ Fair Share (PFS) Demonstration, run from 1994 to 1996, was aimed at increasing the ability of these fathers to attain well-paying jobs, increase their child support payments — to increase their involvement in parenting in other ways. These reports — one examining the effectiveness of the PFS approach at increasing fathers’ financial and nonfinancial involvement with their children and the other examining the effectiveness of the PFS approach at increasing fathers’ employment and earnings — provide important insights into policies aimed at this key group.
What it doesn’t say — we failed at both goals…
By the way, MDRC stands for Manpower Development Research Corporation. These Corps are sprouting up to work with the government (and foundations behind the government policies) to manage society.
From April 2010, Still coming up with “astounding” revelations (for how much$$?) about how life works:
- Overall, from the perspective of the custodial parents, the net result of PFS did not produce a detectable change in their total income as a result of child support payments.
- With respect to child contact, PFS did not lead to increases in the frequency or length of contact that noncustodial parents had with their children.
- For more-employable men, the program had little effect on average earnings and somewhat reduced employment among those who would have worked in part-time, lower-wage jobs.
The Parents’ Fair Share (PFS) Demonstration, run from 1994 to 1996, was aimed at increasing the ability of these fathers to attain well-paying jobs, increase their child support payments — to increase their involvement in parenting in other ways. These reports — one examining the effectiveness of the PFS approach at increasing fathers’ financial and nonfinancial involvement with their children and the other examining the effectiveness of the PFS approach at increasing fathers’ employment and earnings — provide important insights into policies aimed at this key group.
Policies That Strengthen Fatherhood and Family Relationships
What Do We Know and What Do We Need to Know?
{{that depends on who “WE” is. One thing seems evident — that the four authors to this paper, below, are employed, or at least have some nice sub- sub-contracting work… Another thing “We” (women in my position) would have LIKED to know is that organizations like MRDC and CPR and PSI and others are (through HHS) making our lives harder, “for our own good” because we dared to collect child support at one point in time. In retaliation for this, our “exes” will be helped by the United States Government to stay on our tails for the rest of time, possibly.}}
No, SERIOUSLY now, as of April 2010, after a decade plus of family/fatherhood programs, what bright conclusions can be drawn?
As described in earlier articles, children whose parents have higher income and education levels are more likely to grow up in stable two-parent households than their economically disadvantaged counterparts.
WHO IS THIS MDRC? Now that some poor folk actually have internet access, we can find out who’s studying (us):
Created in 1974 by the Ford Foundation and a group of federal agencies, MDRC is best known for mounting large-scale evaluations of real-world policies and programs targeted to low-income people.
The Board of Directors are the Cream of America, as follows:
Board of Directors | ![]() |
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Robert Solow, Chairman Institute Professor Massachusetts Institute of Technology |
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Mary Jo Bane, Vice Chair Professor of Public Policy John F. Kennedy School of Government Harvard University |
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Rudolph G. Penner, Treasurer Senior Fellow Urban Institute |
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Ron Haskins Senior Fellow, Economic Studies Co-Director, Center on Children and Families Brookings Institution |
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RON HASKINS SOUNDED FAMILIAR TO ME. HERE HE IS:
Ron Haskins
Senior Fellow
Co-DirectorA former White House and congressional advisor on welfare issues, Ron Haskins co-directs the Brookings Center on Children and Families. An expert on preschool, foster care, and poverty—he was instrumental in the 1996 overhaul of national welfare policy.
(SEE MY TOP ARTICLE, THIS POST – some people are not too happy about it!)
Higher marriage rates among the poor would benefit poor adults themselves, their children, and the nation. Although I do not support coercive policies to achieve higher marriage rates, I do favor marriage promotion programs conducted by community-based organizations such as churches and other nonprofit civic groups. The activities these groups should sponsor include counseling, marriage education, job assistance, parenting, anger control, avoiding domestic violence, and money management.
“Where’s Mom?” and other vocabulary issues
We have to have a talk about the word “children” and “families” when it really means “fathers.”
This is from FAMILY VIOLENCE PREVENTION FUND, a.k.a. “endabuse.org”
FIRST, a little indicator of the funding behind this organization. But my point is, the vocabulary. So the charts, are for an indicator, at this point, of the influence.
For some years, I read materials from this group, and associated groups, and inside, went, “YEAH! Right-On!” and “THANK YOU! for validating what I (and others like me) already know by experience!” This is a very big deal when one has been in isolated circumstances and living with a person, or dealing immediately post-separation, with personalities who are still in the gaslighting (crazy-making) mode, i.e., we imagined our own abuse, and that evidence really doesn’t count, etc.
But I was in the family law system, and the credibility gap between this obvious information and their practice still remained. I was going through the experiences, without support or help IN THE COURTROOM, because once it hit family law, it was not considered the venue of the federally-funded or other nonprofit DV organizations. Go figure — once a divorce is filed, or custody action, then suddenly the violence becomes irrelevant? Not quite, but it might as well be, from the handling in that venue.
So, here’s FVPF.org:
For years, this has been a leading organization in stopping violence against WOMEN movement, but as its funding has changed, so has its vocabulary.
I think it can be identified as a major “player” in this field: (from USASPENDING.gov, I searched on the title). 2000-2010
Federal dollars: $32,245,683
Total number of recipients: 1
Total number of transactions: 68
FAMILY VIOLENCE PREVENTION FUND $32,245,683
It is receiving funds from multiple agencies:
Top 5 Agencies Providing Assistance
DOJ – Office of Justice Programs | $18,464,457 |
HHS – Secy. of Health and Human Services | $9,607,290 |
HHS – Administration for Children and Families | $4,071,750 |
HHS – Centers for Disease Control and Prevention | $102,186 |
Assistance Type
Grants and Cooperative Agreements | $32,245,683 |
Other | $0 |
Insurance | $0 |
Direct Payments (both specified and unrestricted) | $0 |
Trend
2000![]() |
$1,229,542 |
2001 | $1,591,442 |
2002 | $2,466,092 |
2003 | $2,916,044 |
2004 | $1,940,689 |
2005 | $3,573,082 |
2006 | $585,210 |
2007![]() |
$5,243,959 |
2008 | $3,373,812 |
2009![]() |
$7,825,811 |
2010 | $1,500,000 |
2009 was clearly a banner year, and the Congress apparently likes this group. Kids are still getting killed on court-ordered visitation, and sometimes the Moms, and sometimes the fathers too, or bystanders, but this group is going strong for sure.
Top 5 Known Congressional Districts where Recipients are Located
California 8 (Nancy Pelosi) $5,602,750 Top 10 Recipients
FAMILY VIOLENCE PREVENTION FUND $32,245,683
HERE”s ANOTHER SEARCH, from the TAGGS (HHS only) SITE:
Results 1 to 22 of 22 matches. (may not be all: I just searched on the Institution title on TAGGS.hhs.gov….) |
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Page 1 of 1 | 1 |
Fiscal Year | Program Office | Grantee Name | City | State | Award Title | CFDA Number | CFDA Program Name | Principal Investigator | Sum of Actions |
2010 | OPHS/OWH | FAMILY VIOLENCE PREVENTION FUND | SAN FRANCISCO | CA | FY09 HEALTH CARE PROVIDER RESPONSE TO VIOLENCE AGAINST WOMEN – EDUCATION, TRAINING AND TECHNICAL ASSISTANCE PROGRAM | 93088 | Advancing System Improvements to Support Targets for Healthy People 2010 (ASIST2010) | LISA JAMES | $ 1,500,000 |
2009 | FYSB | FAMILY VIOLENCE PREVENTION FUND | SAN FRANCISCO | CA | FAMILY VIOLENCE PREVENTION & SERVICES | 93592 | Family Violence Prevention and Services/Grants for Battered Women’s Shelters: Discretionary Grants | ESTA SOLER | $- 1 |
2009 | FYSB | FAMILY VIOLENCE PREVENTION FUND | SAN FRANCISCO | CA | SPECIAL ISSUE RESOURCE CENTERS FOR INFORMATION AND TECHNICAL ASSISTANCE | 93592 | Family Violence Prevention and Services/Grants for Battered Women’s Shelters: Discretionary Grants | DEBBIE LEE | $ 1,353,812 |
2009 | OPHS/OWH | Family Violence Prevention Fund | SAN FRANCISCO | CA | FY09 HEALTH CARE PROVIDER RESPONSE TO VIOLENCE AGAINST WOMEN – EDUCATION, TRAINING AND TECHNICAL ASSISTANCE PROGRAM | 93088 | Advancing System Improvements to Support Targets for Healthy People 2010 (ASIST2010) | LISA JAMES | $ 31,000 |
2008 | FYSB | FAMILY VIOLENCE PREVENTION FUND | SAN FRANCISCO | CA | SPECIAL ISSUE RESOURCE CENTERS FOR INFORMATION AND TECHNICAL ASSISTANCE | 93592 | Family Violence Prevention and Services/Grants for Battered Women’s Shelters: Discretionary Grants | DEBBIE LEE | $ 1,323,812 |
2007 | FYSB | FAMILY VIOLENCE PREVENTION FUND | SAN FRANCISCO | CA | SPECIAL ISSUE RESOURCE CENTERS FOR INFORMATION AND TECHNICAL ASSISTANCE | 93592 | Family Violence Prevention and Services/Grants for Battered Women’s Shelters: Discretionary Grants | DEBBIE LEE | $ 1,394,127 |
2006 | FYSB | FAMILY VIOLENCE PREVENTION FUND | SAN FRANCISCO | CA | SPECIAL ISSUE RESOURCE CENTERS FOR INFORMATION AND TECHNICAL ASSISTANCE | 93592 | Family Violence Prevention and Services/Grants for Battered Women’s Shelters: Discretionary Grants | DEBBIE LEE | $ 1,145,872 |
2005 | CB | FAMILY VIOLENCE PREVENTION FUND | SAN FRANCISCO | CA | CHILD ABUSE AND NEGLECT | 93670 | Child Abuse and Neglect Discretionary Activities | ESTA SOLER | $ 496,000 |
2005 | FYSB | FAMILY VIOLENCE PREVENTION FUND | SAN FRANCISCO | CA | FAMILY VIOLENCE PREVENTION & SERVICES | 93592 | Family Violence Prevention and Services/Grants for Battered Women’s Shelters: Discretionary Grants | ESTA SOLER | $ 1,240,689 |
2004 | FYSB | FAMILY VIOLENCE PREVENTION FUND | SAN FRANCISCO | CA | FAMILY VIOLENCE PREVENTION & SERVICES | 93592 | Family Violence Prevention and Services/Grants for Battered Women’s Shelters: Discretionary Grants | ESTA SOLER | $ 1,215,689 |
2003 | NCIPC | FAMILY VIOLENCE PREVENTION FUND | SAN FRANCISCO | CA | PUBLIC HEALTH CONFERENCE SUPPORT COOPERATIVE AGREEMENT | 93283 | Centers for Disease Control and Prevention_Investigations and Technical Assistance | ESTA SOLER, PRESIDENT | $ 102,186 |
2003 | OCS | FAMILY VIOLENCE PREVENTION FUND | SAN FRANCISCO | CA | FAMILY VIOLENCE PREVENTION & SERVICES | 93592 | Family Violence Prevention and Services/Grants for Battered Women’s Shelters: Discretionary Grants | ESTA SOLER | $ 1,133,236 |
2002 | OCS | FAMILY VIOLENCE PREVENTION FUND | SAN FRANCISCO | CA | FAMILY VIOLENCE PREVENTION & SERVICES | 93592 | Family Violence Prevention and Services/Grants for Battered Women’s Shelters: Discretionary Grants | ESTA SOLER | $ 1,113,796 |
2001 | OCS | FAMILY VIOLENCE PREVENTION FUND | SAN FRANCISCO | CA | FAMILY VIOLENCE PREVENTION & SERVICES | 93592 | Family Violence Prevention and Services/Grants for Battered Women’s Shelters: Discretionary Grants | ESTA SOLER | $ 958,542 |
2000 | OCS | FAMILY VIOLENCE PREVENTION FUND | SAN FRANCISCO | CA | FAMILY VIOLENCE PREVENTION & SERVICES – SPECIAL ISSUE RESOURCE CENTER | 93592 | Family Violence Prevention and Services/Grants for Battered Women’s Shelters: Discretionary Grants | ESTA SOLER | $ 804,542 |
1999 | OCS | FAMILY VIOLENCE PREVENTION FUND | SAN FRANCISCO | CA | FAMILY VIOLENCE PREVENTION & SERVICES – SPECIAL ISSUE RESOURCE CENTER | 93592 | Family Violence Prevention and Services/Grants for Battered Women’s Shelters: Discretionary Grants | ESTA SOLER | $ 698,710 |
1998 | OCS | FAMILY VIOLENCE PREVENTION FUND | SAN FRANCISCO | CA | FAMILY VIOLENCE PREVENTION & SERVICES | 93592 | Family Violence Prevention and Services/Grants for Battered Women’s Shelters: Discretionary Grants | ESTA SOLER | $ 50,000 |
1998 | OCS | FAMILY VIOLENCE PREVENTION FUND | SAN FRANCISCO | CA | FAMILY VIOLENCE PREVENTION & SERVICES – SPECIAL ISSUE RESOURCE CENTER | 93592 | Family Violence Prevention and Services/Grants for Battered Women’s Shelters: Discretionary Grants | ESTA SOLER | $ 678,710 |
1998 | OCS | FAMILY VIOLENCE PREVENTION FUND | SAN FRANCISCO | CA | FAMILY VIOLENCE PREVENTION SERVICES | 93592 | Family Violence Prevention and Services/Grants for Battered Women’s Shelters: Discretionary Grants | LRNI MARIN | $ 50,000 |
1997 | OCS | FAMILY VIOLENCE PREVENTION FUND | SAN FRANCISCO | CA | FAMILY VIOLENCE PREVENTION & SERVICES – SPECIAL ISSUE RESOURCE CENTER | 93592 | Family Violence Prevention and Services/Grants for Battered Women’s Shelters: Discretionary Grants | ESTA SOLER | $ 637,604 |
1997 | OCS | FAMILY VIOLENCE PREVENTION FUND | SAN FRANCISCO | CA | P.A. FV-03-93 – DOMESTIC VIOLENCE: HEALTH CARE & ACCESS: SIRC | 93592 | Family Violence Prevention and Services/Grants for Battered Women’s Shelters: Discretionary Grants | JANET NUDELMAN | $- 9,549 |
1995 | OCS | FAMILY VIOLENCE PREVENTION FUND | SAN FRANCISCO | CA | P.A. FV-03-93 – DOMESTIC VIOLENCE: HEALTH CARE & ACCESS: SIRC | 93671 | Family Violence Prevention and Services/Grants for Battered Women’s Shelters: Grants to States and Indian Tribes | JANET NUDELMAN | $ 451,525 |
Here’s a recent program listed:
National Institute on Fatherhood and Domestic Violence
It’s no surprise that children who are exposed to domestic violence need supportive and protective adults in their lives to mitigate the effects of exposure. The FVPF has created many programs and campaigns in response to this need. We also know that there are many adverse outcomes for children who are exposed, but how can we as a society make it better for the next generation? One way is to create more opportunities for abusive men and fathers to stop their violent behavior and make amends.
Since 2002, the FVPF has been developing a framework, strategies and products to help further the work of keeping abusive fathers accountable, while supporting them to change their behavior. Partnering with batterers intervention programs, victim services, child witness to violence programs and supervised visitation centers across the country, FVPF created Fathering After Violence (FAV), an initiative to enhance the safety and well-being of women and children by motivating men to renounce their violence and become better fathers and more supportive parenting partners. As a continuation of this work, in 2008, the FVPF created the National Institute on Fatherhood and Domestic Violence (NIFDV). We are adapting the original framework and guiding principles for use in new and different practice fields and create the next generation of champions for this work.
Guiding Principles of the Fathering After Violence Initiative
The working collaborative behind the Fathering After Violence Initiative developed the following guiding principles to inform its work:
- The safety of women and children is always our first priority; {{{OH??? I HAPPEN TO DISAGREE!}}
- This initiative must be continually informed and guided by the experiences of battered women and their children; {{Oh?? HOW CAN IT WHEN OUR INPUT IS NOT SOUGHT, we ARE STUCK IN FEAR & LITIGATION OVER CUSTODY, FINANCIALLY STRAPPED, AND FORCED INTO MEDIATING WHAT ARE CRIMINAL MANNERS, WHICH DEPRIVES US OF DUE PROCESS? }}
- This initiative does not endorse or encourage automatic contact between the offending fathers and their children or parenting partners;
- In any domestic violence intervention, there must be critical awareness of the cultural context in which parenting happens;
- Violence against women and children is a tool of domination and control used primarily by men and rooted in sexism and male entitlement;
- Abuse is a deliberate choice and a learned behavior and therefore can be unlearned;
LOOK, the courts are either for justice, or they are not. If they are social transformational behavioral modification centers, then forget the Bill of Rights, OK? Which is exactly what is happening….
- Some men choose to change their abusive behavior and heal their relationships, while others continue to choose violence;
- Working with fathers is an essential piece of ending violence against women and children; and
- Fathers who have used violence need close observation to mitigate unintended harm.
Personally, I think this is just about a lost cause. Get protection for the women, teach them to protect themselves, and allow them to separate. Acknowledge that if you are going to abuse a woman, you forfeit fatherhood privileges. I’m sure the message will get out sooner or later, instead of the contrary message now being sent — nothing much will happen….
Public and Private Partnerships:
The NIFDV has been supported by public and private partners including the Doris Duke Charitable Foundation, the Ms. Foundation for Women, the Office on Violence Against Women, the Department of Health and Human Services, and the Family Violence Prevention & Services Program, Administration on Children and Families.
This project is being developed in partnership with other national organizations, such as the>> Center for Family Policy and Practice, <<the Institute on Domestic Violence in the African American Community, the National Latino Alliance to Eliminate Domestic Violence, Mending the Sacred Hoop, the Domestic Violence Resource Network, and the Minnesota Center Against Violence and Abuse.
The National Institute has three core elements:
- Training and Technical Assistance Leadership Academy
- Program Practice and Development Center
- Information Clearinghouse
Fatherhood has proven to be a powerful tool to reach men in understanding the effects of family violence. There is much to learn in this area and we need to move cautiously forward. Safety for women and children remain the focus and center of our work. By working with fathers in breaking the cycle of abuse, we will enhance the safety and wellbeing of their partners, children, grandchildren and future generations yet to come. ===========
Fatherhood is not a tool, it’s a role that responsible (versus violent, and intending only to control and dominate) men fill. It’s not an entitlement.
Amy Castillo, who lost 3 children drowned in a bathtub years ago, because some judge was smarter than her, when she warned he was unstable and had threatened to kill them or himself (she’s a pediatrician — what would she know? In family law, she’s just a woman) now is trying to make a difference for future women, and took more insults in public recently. This link from 2/28/2010 and yesterday’s post, comments on it:
Amy Castillo testified at this hearing, as she tried to get a protective order in 2007, but was denied. Her husband Mark Castillo had their three children on visitation after when he murdered all three in a Maryland hotel, drowning them in the bathtub. At the protective order hearing, her husband’s lawyer questioned her (from the transcripts):
Douglas Cohn–Defense Attorney, Mark’s Attorney: “He threatened to kill your children and you, and you made love to him that night.”
Amy Castillo: “Yes, because I’m scared of him. If I act scared or upset or emotional, he really reacts to that, and I didn’t want him to know I was trying to get a protective order.”
With this, the judge denied the protective order. Judge Joseph Dugan ruled “There is not clear and convincing evidence that the alleged acts of abuse occurred.” This left Mark Castillo the opportunity to murder the children.
28.Feb.2010 Maryland Mother Fights to Change Law After Husband Killed Children
Updated: Friday, 26 Feb 2010, 12:26 PM EST
Published : Thursday, 25 Feb 2010, 7:15 PM EST
By Sherri LyANNAPOLIS, Md. – When Amy Castillo’s husband, Mark, killed her three children nearly two years ago she knew he’d carried out his threat. “He said well really the worse thing I could do is kill the children and not you so you have to live without them,” Castillo said.
Fifteen months earlier she told a Montgomery County judge the same story but he denied her final protective order because there wasn’t “clear and convincing evidence.” Castillo says she was devastated.
The interim protective order had already angered her estranged husband, who suffered from mental illness and transcripts show had planned to violently end his own life. “I think he would have had to have hurt them before, in the past, actually physically injured them. All along I felt that you have to actually hurt someone or prove you sexually abused them before you can get any help,” Castillo said.
For her efforts, she is insulted again…
AND we are talking about fatherhood after violence? Pierce county, same thing: PARENTING CLASSES to handle an out of control man who doesn’t respect the law. More important to get those kids with Daddy.
This post to be continued…
When Judges Ignore Evidence, and Women’s Gut Instincts, Again…
I don’t know that reporting problems is going to change them. Our society is becoming immune, rapidly, but there is clearly a VIEWPOINT divide between the potential victims and those charged — at public expense — with protecting them.
MY common sense says, don’t lean on the broken posts to protect onesself. What the other legal options are is clearly up to each individual — or relative/friend of someone being stalked — to figure out.
WOMEN TARGETED BY STALKERS NEED MORE SELF-DEFENSE TRAINING AND EMPOWERMENT, if not some EQUIPMENT, too, and LESS TRAINING IN RISK-TAKING BEHAVIORS, SUCH AS SEEKING HELP THROUGH PROTECTION ORDERS.
Among the SELF-DEFENSE measures available — sometimes — can include, if possible — LEAVING THE AREA. Is it better to be totally uprooted, even poor — but alive? Or well-grounded and respected in the community, hoping the powers that be will do what they are supposed to do, and staying, until caught by a stalker who went over the edge, or got tired of playing cat and mouse, and went to endgame mode… Like in the incident reported below.
Again, an “ORDER” is a piece of paper issued by the judge. It does not possess magical powers.
When a piece of paper comes up against a person intent on stalking and making sure no one else gets a woman, no matter what, that person is going to get what (he) wants unless he is behind bars. Even from then, there’s the potential to incite others of similar mentality.
There’s a real backlash against assertive women in religious circles, at a minimum. Well, if we can’t be assertive in these situations, what is the option?
From the site Anne Caroline Drake.com
This site has organized commentary and detailed summaries on news events. These posts are worth checking regularly, particularly if my lack of spell-checking is a hard read.
Teacher Murdered by Stalker while Legislature Bickers
Friday morning, February 26, Jed Ryan Waits waited two hours outside Birney Elementary for Ms. Paulson to come to work at 7:30 AM. She was with a colleague. Without saying a word, he fired three shots and killed Ms. Paulson. The fire department arrived within seven minutes to find Ms. Paulson bleeding profusely, but there was nothing they could do to save her life.
Within a half hour, a deputy spotted Waits’ car and pulled him over. Ironically, it was at a day care parking lot in Frederickson. When Waits fired at the officer, the deputy returned fire and killed him.
Four hundred children go to Birney Elementary. The newspapers didn’t say how many kids were already at the daycare center.
What were the options?
Get her a bullet proof vest, and wear it daily?
MOVE, and change her identity, including name and social security #? Her stalker had military training, and was persistent. He’d met her in college!!
This isn’t even an intimate partner relationship. However, the theme of stalking IS family court matter, and so I find it relevant. Continuing, from this website:
Pierce County and Olympia: What if Jennifer Had Been YOUR Daughter?
Pierce County has a very long history of callous disregard toward domestic violence. They didn’t lock up domestic violence perpetrators Tacoma Chief of Police David Brame or the DC Sniper or Isaiah M.K. Kalebu or Maurice Clemmons or Darrel Street or David E. Crable or dozens of other people they knew or should have known would kill.
Judge Thomas Felnagle refused to grant bail to a couple of punks who savagely murdered a stray dog, but he let Maurice Clemmons go home to further terrorize his 12-year-old step-daughter, who he allegedly raped. Maurice Clemmons assassinated four cops in Lakewood while out on bail.
The legislature got all excited when David E. Crable, who had been abusing his 16-year-old daughter for years, killed a deputy sheriff and wounded his partner. Crable’s daughter Bryona had to rescue the cops {{SEE BELOW}} who were supposed to be protecting her.
Legislature Bickers and Keeps the Status Quo Firmly Entrenched
Did the legislators in Olympia focus on the domestic violence underlying these killing sprees? Hell, no! Did they try to pass a law to deny bail to domestic violence perpetrators? Hell no!
The law enforcement task force focused on protecting the cops rather than people experiencing domestic violence. Gov. Christine Gregoire, who perpetually evidences callous disregard for domestic violence, according to the Seattle Times:
The original bill proposed by Gov. Chris Gregoire would have let judges deny bail if they determined that the suspect posed a public safety risk, but in order to get enough support in the House, the criteria was narrowed to those who would face a maximum sentence of life without the possibility of parole and if the suspect is considered dangerous.
By the time the bill got to the state senate, Judiciary Committee Chairman Adam Kline, who also has his head up his ass, said:
A prediction of violence is a shot in the dark right now. We’re not going to have judges deny a consititutional right on a hunch.
(HERE”s MY rant on that). He happens to be right on the matter of PREDICTING violence. That’s what the experts do, and want us to participate in helping them do. Here’s a new one from Michigan I became aware of recently:
http://www.biscmi.org/thelethalityequation/index.html
And here’s the sales plug. Notice: WHO (to “whom”) is it addressed?
- Do you feel like there is more to evaluation than current assessment tools provide, but you’re not sure where to turn?
Are your current lethality assessments and abuse histories enough to adequately understand and predict future intimate partner violence and sexual assault?
Would you like to learn more about what to assess with individual perpetrators within your community? - If so, join us at this training and learn more about personality issues among those who are violent and abusive to others.
Not to minimize the research and expertise that went into exploring this, but WHY should I want to know more about personality issues among those who are violent and abusive to others. Isn’t this information already available by listening to their victims? What benefit will a new set of vocabulary to describe what we already know “dangerous” is? HUH?
What does a large cat predator do before the kill? It stalks!
So how much more does one need to fine-tune that, rather than get that woman protection, including if necessary OUT of there?
Yeah, Anne Caroline is right to be on a rant (and I’m out of time, also).
However, since constitutional rights aren’t going to be infringed upon (when it comes to certain profiles of people), we’ll just have to go back a little further than this Constitution, I guess, and remember some INALIENABLE RIGHTS, the FIRST one of which is to LIFE. That’s physical, breathing and not having that breathing stopped violently or suddenly by force. Then LIBERTY. Being stalked compromises one’s freedom to wander about at will, freedom that people NOT being stalked may take for granted but we (yes, I said “we”) can’t.
In this country, women attempting to leave violent relationships involving children for the most part CAN’T. They have to show up again and again and fork over either more funds for court-appointed professionals, or court-associated professionals, OR if they can’t afford this, they too often have to fork over their children to the batterer, or the state.
Just like the anti-harrassment orders in This case (resulting in one dead woman), that too is regardless of court orders.
This is where the “cult of the experts” leads to, logically speaking. IF “we” (collectively) are going to farm out the basic things of life:
- Thinking
- Self-Defense training for ALL
- Knowing how our legal and economic systems really work, for ALL (male & female, rich and poor)
- Raising our young and educating them
- Governing ourselves.
- Restraining people close to us from violence
- Also entertaining ourselves without pornography, excesses of drugs, alcohol, violence, or simply mind-numbing idiocy (sometimes I’m not sure which is worse)
- Respecting people of other faiths or no faith, by which I mean, not trying to press OUR views onto OTHERS’ kids — and this is going to require a hard look at the school system also. The message is in the system, not just the supposed content of it. These schools are war zones, and the response is too often to blame the parents. Parents then blame the schools. Well, come on folks, it’s an interactive system!
- Living moderately and requiring that our politicians and leaders ALSO do.
- Health, Welfare, and things pertaining to general HUMANITY
Then what kind of country is this?
Rep. Mike Hope and Rep. Chris Hurst, who are former cops, went ballistic. Rep. Hurst told the Seattle Times:
I can’t remember a time when a couple folks sat down behind closed doors and didn’t talk to their colleagues, didn’t talk to the law-enforcement community.
We will not leave this session without this legislation. This is the most important piece of criminal-justice legislation in decades.
Amen.
The Senate Judiciary Committee held a public hearing a half hour after Ms. Paulson was gunned down. I’m willing to bet they still didn’t get it.
We the People get it. And, we’re mad as hell at your callous disregard for our safety and welfare.
Click on her links and learn how the abused daughter protected the cop.
Here’s a sample, as summarized on same website:
Deborah Horne onKIRO7 has just reported that Pierce County deputy sheriff Walter “Kent” Mundell passed away this evening at 5:04 p.m.
He had been on life support at Harborview Medical Center in Seattle since being gunned down during a domestic violence call near Eatonville in Pierce County, WA on December 21.
NOTE: shortly before the holidays…
Police officers had been keeping a 24/7 vigil at the hospital.
Last night there was a candlelight vigil at the LA Fitness outlet in Puyallup, WA where deputy Mundell worked out.
His partner, Sgt. Nick Hausner, visited him at Harborview after he was released last week from Madigan Army Medical Center at Ft. Lewis, WA.
Sgt. Hausner credited Bryona Crable, the 16 year-old daughter of David E. Crable (the perpetrator who gunned down the deputies), with saving his life.
Apparently, she courageously jumped her father during the close-range shoot-out and took his gun away before he was fatally wounded by deputy Mundell. Her aunt and uncle pulled Sgt. Hausner to safety.
HERE is a SEATTLE TIMES account of this incident, in which a pro-active teenager saved what could easily have been more lives, although her own father and eventually a police officer died. THIS FAMILY knew more about the “danger assessment” of their relative David Crable than, apparently, a Pierce County Superior Court judge, which shows up in prior sentencing to “parenting classes.” When in doubt, a parenting class will stop bullets, abuse, and change behavior for sure. Do you think the policy of assigning parenting classes to men who are terrorizing their family is going to change just because it resulted in deaths of a cop, and in essence, Suicide by cop, this time?
Bryona Crable, 16, whose dad shot 2 deputies, is a heroine, possibly saving Sgt. Nick Hausner’s life
December 27, 2009 – 16-year old Bryona Crable is being called a ‘herione’, {spelled like that?] according to The Seattle Times. She didn’t just stand by and watch as her father opened fire on two unsuspecting Pierce County Sheriff’s deputies who were at her home responding to a family violence call. Instead she grabbed her father, pushed him to the floor, possibly avoiding additional gunshots from being fired, and possibly saving Sgt. Nick Hausner’s life.
Deputy Kent Mundell, 44, was shot multiple times by Bryona’s father, David E. Crable, 35. Mundell was able to fire back and kill David Crable. According to Ed Troyer, Spokesman for Pierce County Sheriff’s, Mundell now remains in ‘grave’ critical condition. He is on life support at Harborview Medical Center.
During the shoot-out David Crable was hit. His daughter, Bryona, “jumped on her dad and fought him for his gun,” Troyer said. “He went down and never got up again.”
Bryona ran outside to get help from neighbors and to call 911. She and Jason’s girlfriend, Bridget Warren, protected Hausner by dragging him to another room, barring the door, and administering first aid, “while Bryona went for help.”
“She’s absolutely a hero, but she’s also a victim. She witnessed her dad being shot,” Troyer said. “She’s had a bad life at her dad’s hands. She saw her dad shoot two deputies and she stood up and did the right thing and tried to help our guys.”
The Seattle Times reported that Bryona has been in the middle of family fights involving her father whose life, according to court records, was plagued by alcohol and violence.
After the shooting Edward, David’s brother, Bryona, and Warren, were forced to leave their Eatonville home with ‘little more than their clothes’. The property has been ‘torn to pieces’ during the criminal investigation. According to Warren, it took more than two days for them to even retrieve their cell phones.
“We’re going minute by minute,” Warren said Thursday morning. “Obviously, we can’t go back to our house, so at this point, everything’s up in the air.”
The three have been staying with friends due to a lack of relatives in the area. They are trying to figure out what to do about a funeral for their troubled relative, David E. Crable.
Background of sentencing? (Maroon print, below, from HERE):
Callous Indifference to Domestic Violence Reigns in Pierce County
Gimme a break. Let’s review the myriad opportunities various government officials had to stop Crable:
- Spring, 2007: Crable was hospitalized after threatening suicide. He was arrested on domestic violence charges against his mother and daughter.
- June or July, 2007: Crable’s brother Jason sought a protection order against David because he had threatened “to kill my dogs and damage my car. .We started talking and he started to get upset then started yelling. . .he was going to ruin my life and do anything to possible to mess up my move.” This was a clear indication that Crable was a pit bull abuser.
- February, 2008: Crable was charged with DUI, fined $966, and sentenced to 24 hours of community service.
- May 18, 2009: Patsy Jo Crable (his 71 year-old mother) asked for a restraining order against her son David: “I am afraid in my own home with him because of the many guns he owns. . .before I left home, he was always threating suicide, and told his daughter he wanted to die. . .The altercations have escalated. This constant threat of what he’s going to do has caused me great stress. I have a heart condition, and he constantly gets in my face and tells me he wants me to die.” She described him as armed, suicidal, violent, and abusing drugs.
- May 28, 2009: Crable was arrested at his mother’s home after getting into a fight with his brother, choking his daughter, threatening to punch her in the face, and pointing a knife at her. All four of the tires on his brother’s car were slashed. This was the first police standoff.
- June 25, 2009: Crable pleaded guilty to a third-degree malicious mischief, to unlawful display of a weapon, and to unlawful carrying of weapons in Pierce County Superior Court. Judge Vicki Hogan suspended his sentence, put him on two years of probation, and ordered him to pay $800 in fines and court costs, to have no hostile contact with his brother Jason, and to take parenting classes.
OK — did you GET THAT? They finally arrest the suicidal, assaulting people, threatening people, property damage people who is totally out of control, and escalating, has access to weapons (which kill people, right?) and a (female, but that may not really be as relevant as the system that spawned judges that come up with “solutions” like this) says “be a good boy now, and take some nice, friendly, parenting classes.”
Should we fast forward to the latest AFCC conference about the REAL CLEAR AND PRESENT DANGER is not enough funds for court-associated professionals to do MORE parenting classes and behavioral modification programs ??? Sure, yeah…
- June, 2009: Child Protective Services (CPS) received a complaint that Crable had assaulted his 15 year old daughter. The allegations were deemed to be “founded,” but nobody at CPS did anything to protect his daughter.
- November 14, 2009: Crable was arrested for a DUI.
- Pierce County prosecutor Mark Lindquist said multiple protection orders were issued against Crable: “They are a result of people saying this guy is a danger to me. I think you can reasonably infer from his history, he had an alcohol problem.”
Crable obviously had more than a problem with alcohol. But, Lindquist, Troyer, and the judges in Pierce County minimize and trivialize evidence in domestic violence cases. Perpetrators get a slap on the wrist. Crable, for example, was never charged with a felony despite abundant evidence that his long history of terrorizing his family was escalating. He was, therefore, allowed to own guns. His victims survived the best they could with nothing but a piece of paper to protect them.
Crable’s daughter wasn’t the only terrified teenager in Pierce County in 2009. Maurice Clemmons’ daughter was similarly left unprotected after her daddy raped her until her daddy assasinated four Lakewood cops. Then, the system pulled out all the stops to arrest him. The people who allegedly aided and abetted him before he was murdered by a Seattle cop are facing serious jail time.
THE QUESTION IS NOT, IS THIS NOW ROUTINE? THE QUESTION IS, WHAT ARE PEOPLE WHO CARE ABOUT THOSE CLOSE TO THEM GOING TO DO, IN LIGHT OF THIS INFORMATION?
Here’s from the Pierce County, WA, website (I went there and searched on “domestic violence.”) They have a Domestic Violence Diversion Coordinator . . . . This is about their Domestic Violence Unit
The Pierce County Sheriff’s Department Domestic Violence Unit was established in 1995 in order to more effectively stem the tide of what is a very serious and harmful crime to society.
That’s apparently why, when it occurs, the perpetrator can get “parenting classes and probation…”
The Unit is comprised of detectives and deputies whose responsibility it is to investigate domestic violence related crimes including assaults, property damage, court order violations, rapes, threats, custodial interference, and others. Additionally, Unit members serve as liaison to health care providers, advocacy groups and social agencies to improve identification and reporting of existing instances of domestic violence and develop prevention strategies linking law enforcement and community efforts. We review cases to more quickly identify high rate offenders and high rate victims and direct coordinated intervention efforts toward these groups. We identify high rate locations for domestic violence, especially multi-family housing units. We work with patrol, crime-free multi-unit housing coordinators and social service agencies to focus on early, comprehensive attention to cases of domestic violence.
The Unit also serves arrest warrants and develops new, innovative programs to help deal with domestic violence.
Should you have any questions about the Pierce County Sheriff’s Department Domestic Violence Unit or wish to contact us for any reason, please call us at (253) 798-6516.
?? ??? ???
They also have one of those “family justice centers” that are now becoming commonplace.
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The Crystal Judson Family Justice Center will work collaboratively to achieve the following objectives:
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The Crystal Judson Family Justice Center (FJC) opened in December, 2005. Over 800 clients were served the first year of operation. Many of these clients have been to the FJC more than once. Our service providers handled 1200 client visits to the FJC during this time period. The FJC was created as a result of an interlocal agreement between the City of Tacoma and Pierce County. The City and the County jointly fund the FJC. An Executive Board oversees the operation of the FJC and is comprised of two County Council members and two City Council members and a fifth person of their choosing. The FJC was named in honor of Crystal Judson Brame. In addition to funding from the City and the County, the FJC has received financial contributions from the City of Lakewood, the Puyallup Tribe of Indians, the Tacoma/Pierce County Health Department, the City of University Place, the City of Gig Harbor, and the Federal Government. |
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Oh well . . . .
Don’t Box Me In…. or Shut Me Up…
Eve Ensler, as quoted by Anne Caroline Drake
We Silence Girl Power
When Ms. Ensler debuted her new idea at the TED India conference in November, 2009, she addressed how we silence girls’ authentic voices ~ tell them not to show their brilliance ~ tone it down ~ don’t be too intense. We sell them and objectify them and turn them into commodities to be bought and sold. In essence, we render them invisible.
She also shared how her violent father ordered her not to cry while she was being beaten because it exposed his brutality to him. He didn’t want to see it ~ didn’t want to be reminded.
Girl Power is silenced by patriarchy power.
Girls are initiated into society via a process intended to crush, eradicate, annihilate, humiliate, belittle, censor, reduce, and kill off their voices. [1]
Our compassion, empathy, passion, intensity, emotions, vulnerability, intuitive intelligence, and vision are silenced. We forget that compassion informs wisdom and vulnerability is our greatest strength.
Mandate to Please Girls are conditioned to please ~ to do what someone else wants them to do rather than to be authentic.
Ms. Ensler told CBS’ Early Show this morning that she believes girls stay in violent relationships because that’s what their boyfriends want: I think often when girls stay with boys, it isn’t always because they want to be beat up, it’s because they’re feeling their [boyfriend’s] sorrow, or they’re feeling their insecurity, or they’re feeling their grief, or they’re feeling something boys don’t feel. So they’re overcompensating for that.
One of the monologues, “Dear Rihanna,” is devoted to teenage girls’ reaction to the dating abuse Rihanna experienced from Chris Brown.
V-Girls Revolution Ms. Ensler is calling all girls to claim our emotions, break the silence, and unleash our feminine energy. She wants to shift the focus from a mandate to please to a mandate to educate, activate, engage, confront, defy, and create.
She believes girl power can save the world. In the book’s epilogue, she issues a Manifesta:
Everyone’s making everything up
There is no one in charge except for those
who pretend to be
No one is coming
No one is going to
Rescue you. . .
Always fight back
Ask for it
Say you want it. . .
Why am I waiting
Whining
Pining
Fitting in?
Ayaan Ali Hirsi.
The Caged Virgin: An Emancipation Proclamation for Women and Islam
Its Preface is short, and worth reading.
In response to ongoing abuses of women’s rights in the name of fundamentalist Islam, Ayaan Hirsi Ali and her supporters established the AHA Foundation in 2007 to help protect and defend the rights of women in the West against militant Islam.
Through education, outreach and the dissemination of knowledge, the Foundation aims to combat several types of crimes against women, including female genital mutilation, forced marriages, honor violence, and honor killings.
The Foundation is opposed to the adoption of dual legal systems to adjudicate family disputes in religious families and supports the separation of all religions and the State.
The AHA Foundation works to reinforce the following basic rights: the rights of women and girls to security and control of their own bodies, the rights of women and girls to an education, the rights of women to work outside the home and to control their own income, the rights of women and girls to freedom of expression and association, and the rights of women and girls to other basic civil rights of citizens and residents defined under the laws of Western democracies and the Universal Declaration of Human Rights, regardless of sexual identification.
Founding member, Ayaan Hirsi Alli
As a 501(c)3 organization under the Internal Revenue Code of the U.S., the Foundation only accepts charitable and philanthropic contributions and does not sell products of any kind.
Click here to learn more about the AHA Foundation.
WHAT DO WE KNOW? Click here to download facts and figures on the circumstances affecting Muslim girls and women in the United States.
Where Fist, Feet and Faith Collide

Diego Sanchez before a bout in Memphis.
Mr. Renken’s ministry is one of a small but growing number of evangelical churches that have embraced mixed martial arts — a sport with a reputation for violence and blood that combines kickboxing, wrestling and other fighting styles — to reach and convert young men, whose church attendance has been persistently low. Mixed martial arts events have drawn millions of television viewers, and one was the top pay-per-view event in 2009.
Recruitment efforts at the churches, which are predominantly white, involve fight night television viewing parties and lecture series that use ultimate fighting to explain how Christ fought for what he believed in. Other ministers go further, hosting or participating in live events.
The goal, these pastors say, is to inject some machismo into their ministries — and into the image of Jesus — in the hope of making Christianity more appealing. “Compassion and love — we agree with all that stuff, too,” said Brandon Beals, 37, the lead pastor at Canyon Creek Church outside of Seattle. “But what led me to find Christ was that Jesus was a fighter.”
The outreach is part of a larger and more longstanding effort on the part of some ministers who fear that their churches have become too feminized, promoting kindness and compassion at the expense of strength and responsibility.
“The man should be the overall leader of the household,” said Ryan Dobson, 39, a pastor and fan of mixed martial arts who is the son of James C. Dobson, the founder of Focus on the Family, a prominent evangelical group. “We’ve raised a generation of little boys.”
These pastors say the marriage of faith and fighting is intended to promote Christian values, quoting verses like “fight the good fight of faith” from Timothy 6:12. Several put the number of churches taking up mixed martial arts at roughly 700 of an estimated 115,000 white evangelical churches in America. The sport is seen as a legitimate outreach tool by the youth ministry affiliate of the National Association of Evangelicals, which represents more than 45,000 churches.
The Church is segregated enough. Rich congregations, poor congregations. White and black. English, Spanish, Korean, et al. We shouldn’t have a schism over personality types. I know in the subconscious that we’re attracted to like-types, but the Body of Christ has many types and we all need to join together to work together.But aside from simply being offended by their derogatory language, there is great danger in redefining the Gospel of Peace. This happens by projecting certain personality traits onto Christ Jesus. In order to sell their case these men try to define our Savior as a rough-and-tumble character who liked fighting and pain. They say being sensitive is a feminine trait not fitting for men, so Jesus wasn’t sensitive. Gentleness is also excluded from Christ’s manly character. Driscoll has a slogan, “Meek. Mild. As if.” slamming the characterization of Christ as either of these things, regardless of Christ’s proclamation that “the meek shall inherit the earth.”
This isn’t the first time a masculine movement has tried to redefine the Church. When the Germanic barbarians controlled much of the Northern Holy Roman Empire, the (beer drinking) barbarians wouldn’t accept “a God I could beat up” because of their warrior culture. To “Christianize” the Germans, the Church adapted to this culture turning Jesus into a warrior, Heaven became Valhalla, and the disciples became Christ’s warriors. The Germanic tribes were indeed converted, but Christianity became a militarized religion as a result. Centuries later you will never guess who drew on this Jesus as a warrior model in the 1930s to create a masculine, nationalistic movement in Germany. If you guessed Adolf Hitler, you’d be right. He drew on the Germanic folklore, blended with Christ, to create the Aryan race. He called Jesus his “Lord and Savior” and “a fighter.” Jesus was a warrior punishing the Jews.
I don’t mean to invoke Godwin’s Law, it just happened to be a historic fact that the blending of tribal Germanic myth with Christianity lead to a “fighter” Jesus which just so happened to inspire Nazism, which was a decidedly masculine movement as well. (Is it any coincidence that our current masculine movements tend towards being nationalistic?)
As time went on, the rugged, pioneering American spirit brought another masculine movement opposing the traditional clergy who were viewed as wimps because of their refusal to fight, and their piety. This lead to more individual ministers instead of the traditional clergy with elders, deacons and the rest. Again, Jesus was redefined to fit this cultural model of man and he became muscular and militant.
Where I stand:
I think that this pendulum, this male/female argument isn’t going to be won one side or the other. Until the artificial womb is complete, and sperm cloned (don’t think there’s not work going on this… There is….), we are going to need each other. Besides, how’s about some variety?
Hate begets hate, and hate is a human spiritual/emotional quality. It’s just that some environments incubate it better than others. Like theater, the arts (including the “art” of war), drama, music, and building things like pyramids, cathedrals, and mosques, the dynamic, the resonance, the structure, the impact, is intensified (for better, or for worse) in crowds.
I think that basic human nature needs scapegoats, and if they can’t face their personal “demons,” they will continue to externalize them in someone or some group to “hate.” The central message of the cross (to me), is that they end up shooting themselves in the foot, or shooting (or crucifying) the messenger. At our best, and privately, I’m sure most of us are hypocrites. It’ s the “US/THEM” mentality, carried to extremes, that is the primary problem.
HOWEVER, that’s no excuse for shutting up women reporting abuse, or attempting to leave it, or attempting to get something better for their children. And this is going on to this date, don’t kid yourself.
I wish I’d known about the “muscular Christianity” while I was married. If this continues to be carried to extremes, women are going to be just as interested in it, as in doing the “feminine” thing, i.e., running around from agency to agency looking for someone to protect them. I’m beginning to hate myself for my own upbringing, in having done that — BUT, you live, and you learn.
For those who wonder where I may stand religiously, I can’t stomach church attendance any more, and believe that they cause more problems than they help with. I also have become much more skeptical over whether church and state can really be separated. Not with some of our present institutions.
Besides, it seems the national religion at this time is worship of money. Like any religions, it is just as prone to sacrifice men, women and children at its altar. In order to retain their “manhood,” SOME men lower on this totem pole appear to need to have some women lower than themselves, or children as property to bolster it up. Others have enough self-control not to do that.
=
HAITI, pre-Earthquake (2005)
Rewinding History: The Rights of Haitian Women
Let Haiti Live Women’s Rights Delegation
January 2005
Introduction
In a climate of deep insecurity and escalating violence, Haitian women, the backbone of Haitian society and economy, are facing insurmountable challenges. Although Haitian women support the majority of Haiti’s economic activities and hold families together throughout the country, they have historically occupied an inferior social position.
Under the regime of U.S.-backed Prime Minister Gerard Latortue, Haitian women are caught in the middle of what many Haitians are calling a “rewind” back to the time of the 1991-94 coup d’etat, a period characterized by random violence in poor neighborhoods, a terror campaign employing rape, murder and disappearance as tactics, and rapidly increasing insecurity undermining all economic activity of the informal sector.
. . .
- The most impoverished and overpopulated neighborhoods of Port-au-Prince, known as katyè popilè, have become war zones where feuding gangs, some of which are funded by political organizations, are victimizing tens of thousands of innocent civilians. While traveling to St. Catherine’s Hospital in Cite Soleil, an area that has been gripped by gang violence, the delegation observed the remains of arson attacks in the zone. Although the popular perception of the populations in these areas is that they support one or another of the gangs, the team heard repeated testimony that these armed groups are raping women and young girls, robbing families and burning homes.
Members of the national labor movement, Confederation des Travailleurs Haitienne (CTH) explained that due to the lack of economic opportunities in both formal and informal sectors women are having sex for money. A number of sources confided to the team that women and girls who cannot afford to attend school are having sex with older men to finance their educations.
When looked at in tandem with the rise in forced sex, the recent spike in politically motivated rapes is a clear indication that women’s bodies are being abused sexually as a result of increasing insecurity. The increase in frequency of rapes was confirmed by the director of the gynecology department at the General Hospital. Testimony from victims of rapes heard by the delegation highlighted several patterns in the attacks. Attackers beat their victims into submission, often striking their eyes so they will not be able to identify them. Attackers are often masked and heavily armed. Women are usually raped by more than one attacker, and the victims’ children are often witnesses to the rape. After the attack, most women have nowhere else to go and are forced to return to the location of their rape (their homes and the yards in front of their homes) to sleep at night.
Women accused armed bandits/gang members of committing the rapes, but most cannot identify their attacker(s) either because they were masked or because the victim was beaten and could not see the identity of her attacker(s). Most victims have been forced to find alternative places to stay and are afraid to go out during the day. Children conceived during rapes are deeply stigmatized in Haiti. One woman told the team that her daughter is taunted with the name “little rape” by the other children in her neighborhood.
One fifteen-year-old prisoner claims she was held for several days in the fire station before being transferred to the prison, and that while in custody there she was beaten and raped.
From the interviews at the women’s prison, the delegation unanimously concluded that justice is very much for sale in Haiti. Those who have the means to hire lawyers are able to see judges and have their cases dealt with swiftly and to their advantage. The poor suffer indefinite detention and are denied the right to see a judge because they cannot afford to hire a lawyer.
Although Haiti’s young democracy inherited problems from decades of dictatorships and little has been done to reform the system, it is not an overstatement to describe the system as a failure
Haitian women become crime targets after quake
From the interviews at the women’s prison, the delegation unanimously concluded that justice is very much for sale in Haiti. Those who have the means to hire lawyers are able to see judges and have their cases dealt with swiftly and to their advantage. The poor suffer indefinite detention and are denied the right to see a judge because they cannot afford to hire a lawyer.
Although Haiti’s young democracy inherited problems from decades of dictatorships and little has been done to reform the system, it is not an overstatement to describe the system as a failure
HAITI, post-earthquake, 2010
By PAISLEY DODDS – Associated Press WriterTags: CB Haiti EarthquakePORT-AU-PRINCE, Haiti — Bernice Chamblain keeps a machete under her frayed mattress to ward off sexual predators and one leg wrapped around a bag of rice to stop nighttime thieves from stealing her daughters’ food.
She’s barely slept since Haiti’s catastrophic earthquake Jan. 12 forced her and other homeless women and children into tent camps, where they are easy targets for gangs of men.
Women have always had it bad in Haiti. Now things are worse.
. . .
Rape was only made a criminal offense in Haiti in 2005.
Reports of attacks are increasing: Women are robbed of coupons needed to obtain food at distribution points. Others relay rumors of rape and sexual intimidation at the outdoor camps, now home to more than a half million earthquake victims.
A curtain of darkness drops on most of the encampments at night. Only flickering candles or the glow of cell phones provide light. Families huddle under plastic tarps because there aren’t enough tents. With no showers and scant sanitation, men often lurk around places where women or young girls bathe out of buckets. Clusters of teenage girls sleep in the open streets while others wander the camps alone.
Out of all the things to take away from women who have been suffering, what a crime it is to attempt to take away, and re-phrase their own interpretations of their stories, their own reports of their own lives.
It has to be some kind of crime, these conferences ABOUT our families to which our families are not invited, nationwide. This is made possible by the digital divide, and economic constraints as well. It is an US/THEM mentality which is a poor/rich divide.
In the US, another family in Idaho was wiped out by court-ordered visitation.
Police: Father kills young son in Meridian murder-suicide
by Scott Evans
Idaho’s NewsChannel 7Posted on February 9, 2010 at 8:30 AM
Updated today at 11:09 AM
MERIDIAN — The Ada County coroner has identified a father and infant son in an apparent murder-suicide in a home on S. Pelican Way.
Meridian Police say it appears Nicholas Bacon, 20, shot his 8-month old boy Bekm, then turned the gun on himself.
According to police, Bacon’s estranged wife received a series of telephone calls from her husband Monday, the last of which she said he threatened violence.
“Her husband was making suicidal and homicidal threats; he had their baby with him,” said Meridian Police Deputy Chief Tracy Basterrechea.
The couple was going through a divorce, but because they had joint custody of their son, Bacon had the child for the afternoon and was supposed to return him that night. Bacon’s wife called police after her husband threatened to harm the baby and himself. Officers went to the home around 8:30 p.m.
“My oldest boy looked outside and saw all the cop cars and all the emergency vehicles out in front of the home,” said neighbor John Meyer.
Officers knocked on the door and called inside, but got no answer. They entered the home through the garage after Bacon’s wife gave them the code to open the door.
Officers found Bacon and his son on the floor of the living room, dead from gunshot wounds. A .40-caliber handgun was nearby. An exact time of death is not known, but Basterrachea says the shootings happened before officers arrived.
“We were surprised to see the (crime scene) tape out front,” said neighbor Frank Lane. “That’s what drew our attention.”
Basterrachea says the Meridian Police Department had no previous contact with the family. Bacon, who graduated from Mountain View High School in 2008, had no criminal record and no known history of domestic violence. Basterrachsa said Wednesday that Bacon got the gun from the home of a family member without that person’s knowledge.
“We probably will never be able to explain how somebody could do this, or why, but we’re trying to bring all of the pieces together to at least give us a little more clear idea of what happened there,” Basterrachea said.
Neighbors say the family, who moved into the rental house about one month ago, kept to themselves.
“I’m sorry to hear about it. It’s sad to hear something like that is going on in your neighborhood, you know,” Lane said.
WHEN will we just “get smart” and NO DEAL on that joint custody thing?
I can’t keep up with this, but if you’re not alarmed, sickened, or politically active, something is wrong upstairs — in the thinking.
These situations are not just dropping down out of the sky, they are the products of some truly very sick dogma, philosophies, and practices.
How could a 20 year old “man” do this to a son less than a year old?
Here’s another, December 2009 — this one was jealousy, not about kids, evidently:
IDAHO FALLS, Idaho — Idaho Falls School District 91 says it will have counselors and crisis teams available Monday for students and staff following what police describe as a murder-suicide involving an Idaho Falls High School instructor.
Police say 49-year-old math teacher Keith Matthias on Friday evening shot and killed a man having an affair with his wife and then shot and killed himself after police forced his vehicle to a stop a short time later.
Matthias’ wife, Jennifer Matthias, 41, is a sixth-grade teacher at A.H. Bush Elementary School in Idaho Falls.
The Post Register reports the couple have three children.
Police say Jack Purcell, 46, died about 8 p.m. Friday while sitting in his truck at a Wal-Mart parking lot after being shot in the head numerous times with a large-caliber revolver.
In 2003, Purcell was sentenced to 18 months in prison following convictions for grand theft and domestic violence in Kootenai County in northern Idaho.
The Idaho church folk that went to Haiti to rescue children should’ve been looking closer to home.. Here’s an Idaho “Silent Witness” initiative.
The figures before you represent the Idaho women killed in acts of domestic violence in 1996.
As you look at these figures be aware of the many women still being hurt. They are our mothers, daughters, sisters, and neighbors. STOP, LOOK, LISTEN!
These figures are blood red, life size wooden cutouts representing adult domestic violence victims that were murdered in Idaho last year. Each figure bears a shield with the victim’s name, dates and story of how the murder occurred.
go to: 2001 2000 1999, 1998, 1997, 1996
I keep coming back to POORMAGAZINE.Com (see my very first or second blog here).

The Un-just actions of Commissioner Marjorie Slabach continues -unchecked
Marlon Crump/PNN
Saturday, September 5, 2009;“What do we want?”
“JUSTICE!”
“Who do we want it for?”
“Poor mamas struggling!”
“With?” “When do we want it?”
“NOW!”. . .
the California Commission on Judicial Performance really that oblivious, ignorant, or even the least bit concerned of Slabach’s unethical judicial misconduct? A recent inductee was Jana Farrell, a single mother of an eleven-year old son. Miss Farrell arrived in the U.S from St. Petersburg, Russia in 1994, without any knowledge of English. In spite of that, she still wanted to contribute to this country’s work force. Jana worked one year in her current career in real estate, at Pacific Union and at Coldwell Banker for nearly three years.
In her native country, Jana earned a bachelor’s degree in Economic and Management from St. Petersburg’s University of Economics and Management, graduating with high honors. Her path of finding a job began with her enrollment at Heald Business College, where she received a science degree in accounting.
After Jana’s embrace of the United States as her second home, she attended Golden Gate University for a year and a half. While enrolled at Golden Gate, she took English as a second language program. Along the way, she met wonderful people teachers, and got married.
The marriage, however, became a failure, stating,
“It was due to his violent abuse towards me.†In 2006, Jana sought custody of their son in court.“My ex-husband’s lawyer would often submit an application for these types of motion hearings (ex-parte) and Judge Slabach would continuously grant these motions, sometimes even twice in one week without question. These motions also required me to appear at 8:45 a.m, and this conflicted with my work schedules.” Jana explained.
Jana is one of the masses of young women who are victims of these rights-robbing motions. As I mentioned in the previous “Silenced Mamas” article, these “motions” attack a person’s 5th and 14th Amendment of the U.S Constitution’s Right to Due Process of law, because there is no advanced notice to the other party, from the moving side.
“I cannot agree more. As a matter of fact, those ex parte motions were leading me to a bankruptcy, loss of my job and other hardship. I’m not mentioning the toll all this will take on my son in the future.” Jana explained, in response to an online petition that I personally implemented to ultimately have Judge Slabach removed from the bench.
AND:
Queennandi Xsheba/PoorNewzNetwork
Thursday, October 8, 2009; [[False report by Social Worker…]]“Yes, I called em’ (cps) and reported abuse and neglect, because I didn’t like her!” The voice of new SF resident Sherie Lewis still echos in my ears as she confessed to me her part in the separation of Christana Martel’s family. As we further spoke, she also admitted that she called the calworks department (Alameda county) and falsely reported that Christana sold all of her food stamp benefits on her EBT card for in exchange for marijuana, (that accusation resulted in Christana paying a HEFTY price) which according to (then) neighbors Mertis Bowden and Michelle Howell was a “f-ed up lie!”, and that Christana kept “plenty of food”- Michelle explained to me that she was a guest over for dinner often. Ms. Lewis boasted on with her vengeance against Ms. Martel, attacks ranging from “manipulating” Christana’s family members just to cause dissent, and too in one case, to win a frivilous lawsuit against a former landlord.I stood there in awe as I literally watch this sista take sadistic pleasure in tearing down another sista. When I asked Ms. Lewis why, the sad and simple answer was that Christana was a poor mama. Far as CPS goes, people like Ms.Lewis whom in this case overstepped her boundaries and abused it (the Sssystem) tend to do this to “get back” at someone who was either an adversary to them, or out of plain jealousy. Either way, what is more than always overlooked is the children and their feelings towards being torn apart from their families, for no ligitamate reason other than their mama wasn’t very well liked, or “crossed” by a certain individual. CPS “stands” for Child Protective Services, indicating that if a child is in immediate danger, or if the child is being abused, there is a hotline number to call and report such actions- granted. However, there are mamaz like myself, tiny, vivian and jewnbug who strongly believe in “Tribal Intervention” and the “It takes us to heal us” theory, which is unfortunately not practiced amongst all of the members of our tribes (communities), thus the results are tribal dissent, and definitely reasonable (understatement) mistrust for the outside Sssystem.The impact of being removed from the home affected baby girl Destiny a bit more than her brothers, Dalevon and Deshawn. She was depressed, withdrawn and suffered from massive hair loss, but has been improving since Christana was given more time to spend with the children, and to see about Destiny’s mental well-being. Why is this type of CPS abuse allowed to continue? The question remains in the “smokeblower”, while mamaz such as Christana and myself ponder on non-exsistent penalties for folks like Ms. Lewis who abuse the law and walk away laughing, taking high stride pride in helping to break up fellow black families. “Looking back at the Hassani case, in my opinion, placing the children in foster care isn’t always the best option.” Ms. Martel said. “If a mother is able- bodied, mind and willing, she should be given more access to resources that would enable us to become indpendent caretakers, rather than just snatch our children away from us.”Christana Martel is a single mother of four now, who loves her beautiful, talented children dearly. Fighting and overcoming a heartbreaking situation like hers took alot of strenght, and we @poormag call for others to press on, at the same time we commend Christana on her perserverance.
Social Workers Always Know Best?
Like this one? Around Thanksgiving, 2009?
Former State Official Charged With Phone Threats
Tamara T. Hoffman, newly-former chief of staff for the Illinois Department of Healthcare and Family Services, has been charged in Springfield with making harassing phone calls and texts to a woman who is supposedly involved in a love triangle with a man that both her and Hoffman have been seeing. Police say Hoffman made the calls/texts from her state issued cell phone. Authorities also say Hoffman tried to throw her political weight around with the downstate woman, allegedly telling her, “If you see him again, something bad is going to happen to you. I work for the State of Illinois, and you don’t know who you’re messing with.”
Hoffman also allegedly threatened the officer when contacted about the incidents, and posted 2 photos of herself — one posed with Gov. Rod Blagojevich, and another with her and a man holding guns — on the victim’s daughter’s Facebook page.
Followers of the Blago impeachment hearings might remember Ms. Hoffman’s testimony in front of the Illinois House Impeachment Committee, when her and department director Barry Maram got legislators’ panties in a bunch when they played dumb in regards to Blago’s controversial health care program, All Kids. Lawmakers had rejected expansion of Family Care coverage, and claimed that since Blago continued with it anyway, he displayed an abuse of power.
Hoffman had resigned her $119,400-a-year job a day before the arrest.
Associated Press – November 25, 2009 5:44 PM ET
SPRINGFIELD, Ill. (AP) – A top official in a state social service agency is out of a job after allegedly using her state-issued telephone to harass another woman because the two were romantically involved with the same man.
Champaign County State’s Attorney Julia Rietz (REETZ) says Tamara T. Hoffman was arrested Saturday in McLean County and posted $2,500 bond. She will appear in court Dec. 11.
The 50-year-old Chicago woman left her $119,400 job as chief of staff for the Department of Healthcare and Family Services Friday. Agency officials would not comment further.
Rietz says Hoffman began calling a Rantoul woman about Aug. 14 threatening “something bad” if the woman continued to see the man. Hoffman did not return a message left at her home.
WELL, that’s enough for today, and not what I even came here to blog. But when you are dealing with this situation, it is thought-provoking.
Let’s Get Honest about “Kids’ Turn” and Judges’ Profit.. [First Publ. Oct. 24, 2011, updated Mar. 25, 2017].
with 10 comments
~ ~ ~
First published Oct. 24, 2011, I would consider Let’s Get Honest about “Kids’ Turn” and Judges’ Profit.. among key posts early in the blog (from a 2017 perspective). In wishing to quote this (for one of its passing references to Kids’ Turn donor “Halsey Minor” (founder of CNET), and because a blog-upgrade has for some reason turned the base post color to a sort of sickly mixture of greenish-white, I’m adding also a font-change, border, and a few other things I didn’t know how to do in 2011. Kids’ Turn has since submerged itself into (if I remember it right) San Francisco Child Abuse Prevention Center (SF CAPC) which “CAPC” is something of a serial curriculum-peddler (through a series of nonprofits to run the curriculum). That’s a general recall, and anyone is free to do a more detailed check on the Secretary of State, or Attorney General (Charitable Trusts Registry) as I do throughout this blog in case I mis-remembered exactly WHERE Kids’ Turn decided to submerge its identity into another nonprofit with classes to sell.
This may have happened anyway in the organization’s process of growing up and not wishing to call attention to the conflicts of interest it would sure seem to represent for anyone with a divorce case and likely to be added into forced co-parenting education, when the entity routinely has family court connections, family court judges, attorneys, or administrators on its board, and as this post references, contracts with the City and County of SF regarding the court.
Or, I like to think this blog may have had SOMETHING to do with their decision to go further underground and (apparently) otherwise continue business as usual…//LGH 3-25-2017.
Per an Annual Report, 2010, on this organization which sheds light on how the courts work:
HALF THE CLIENTELE OF KIDS’ TURN ARE ORDERED TO GO THERE BY THE COURTS. Notably, this Nonprofit also was started by a family law judge, and by the end of this (LONG) blog, you should know much more about the interrelationship between the Profit in Non-Profits and how judges order litigants to attend services provided (fee-based) for organizations that MANY of them have sat on the board of.
Not just for US. Nope, the UK is going to help out this “charity” (started by family law judge…)
Amazing….they write:
UNbelievable… Some families stuck in the courts (beCAUSE they are stuck in the courts) can’t afford internet, and “Kids’ Turn” has its facebook page…
I am simply throwing out some greens here, about a gleam in a judge’s eye (1987-1990) that is going global. Not exactly in the free market — it is subsidized as a sub-grantee THROUGH the California Judicial Council, under “Access Visitation Grants,” and as such, you probably can’t get out of some facet of indoctrination once you file a motion in any family law court, anywhere, for any reason. You might, but it’s kind of like what I hear of slot machines, gambling, etc. — the House always wins.
KIDS’ TURN,” INTERNATIONAL” — and is CLOSELY Associated with AFCC:
How nice to belong to more than one organization for which conferences can involve transcontinental and transoceanic travel to exotic locales to talk about “healing family relationships.” OF note — this organization is funded in part as a sub-grantee from US Federal funds, including diversions from WELFARE to enhance CHILD SUPPORT collection for needy families. ….
But what caught my interest — what is KIDS’ TURN doing on a notice of lien to the SFTC, which is the San Francisco Courts? (Source: CRIIS.com, recorded documents)
Someone should look into this — what’s THAT about? From what I understand, “SFTC” is the San Francisco Superior (or Trial) Courts — pls. submit comment correcting me if I’m wrong. And its GRANTEE, i.e., Kids’ Turn is granting something to the courts, while receiving grants from the Cal. Judicial Council through the courts.
I could write on anything — of course — but have noticed this particular group (out of SF and San Diego, originally) going international, Hawaii, Illinois, you name it. They say they are really successful — read it on the website here, a study done in 2009 (it began around 1988) “Our programs work….”
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Written by Let's Get Honest|She Looks It Up
February 27, 2011 at 9:08 pm
Posted in "Til Death Do Us Part" (literally), AFCC, Business Enterprise, Cast, Script, Characters, Scenery, Stage Directions, Designer Families, Domestic Violence vs Family Law, History of Family Court, Organizations, Foundations, Associations NGO Hybrids
Tagged with *Comments: This post has several comments with more info., Access-Visitation, AFCC, Claire Barnes, Designer Families by Court Decree, Education, Halsey Minor, HHS-TAGGS grants database, ICCFR - International Commission on Couples and Family Relations, ICCFR - International Commission on Couples and Family Relations | 2002 Conference (Sydney Australia), Jeanne Ames - Dorothy Huntington - John Sikorski (Kid's Turn Curriculum Authors), Kids' Turn, KIDS' TURN San Diego (EIN 33-0724932), KIDS' TURN SF (EIN# 94-3112621) [Merged out ca. 2016 or 2017], LGH|FCM Oct 24 2011 post 'Let's Get Honest About Kids' Turn & Judges' Profits' (w|updates 2017+2019-more tags), mediation, Studying Humans, U.S. Govt $$ hard @ work., UK running Kids' Turn Curriculum