Thank you for publishing the names of the two Judges, Robert Lemkau and David Mazurek, who not only denied a restraining order and visitation order modification, but one of whom was quoted as believing the mother of a now murdered child was a liar.
THE COURT: Number 2. Steven Garcia and Kathy Tagle.
MS. TAGLE: It's Katie.
THE COURT: Okay, Good morning, ma'am. I'm very concerned. You are Kathy Tagle and you're Steven Garcia?
MR. GARCIA: I am.
THE COURT: And you have an ex parte request calendared for tomorrow which I am advancing to today. One of you is lying, and I'm very concerned. You already have a Family Court Services appearance on February the 2nd; is that correct?
MS. TAGLE: February 4th is our mediation date and March 3rd is our next court date that you -
THE COURT: Okay. I'm inclined to deny your ex parte request. I feel that, if you're lying to me, ma'am, there's going to be adverse consequences. Mr. Garcia claims it's total fabrication on your part, but I'm going to deny ex parte basis and you have mediation and you're back in court. All existing orders remain in full force and effect. I urge you to work out your -- you have visitation plans. I'm going to keep all existing orders in full force and effect. Yes, sir?
MR. GARCIA: I'm supposed to get by son back today at 10:000 and so far I've not seen him in two weeks or have been able to talk to him.
MS. TAGLE: The police officer --
THE COURT: I'm denying your request, ma'am. I think -- there's insufficient evidence in my mind. Mr. Garcia claims it's total fabrication on your part that this is -- but I'm going to leave all existing orders in full force and effect which means the visitation previously ordered which you agreed to, you had an agreement for visitation, which was on December the 14th; correct?
MR. GARCIA: Yes.
THE COURT: Okay. That's the order. That will remain in full force and effect. So he should have visitation.
MS. TAGLE: He didn't threaten to kill our son at that time, though and now he has.
THE COURT: Well, ma'am, there's a real dispute about whether that's even true or not. I'm going to deny ex parte basis. He claims this is a total fabrication on your part, that these email communications are total fabrication.
MS. TAGLE: He sent my mother a text message asking me to go the lake with him and Wyatt, and when I get home from work at 11:00 I have these e-mails saying that he's going to take his life and our son's life at the lake the next time he gets him, and if he doesn't do it that day, he will finish the job later and it says it in the story that he would kill our son with Benadryl, that he will put it in his juice bottle and kill him.
MR. GARCIA: Your Honor, I have a time line of all of the little stunts and games I'd like to show you that she's trying to keep me out of my son's life. She even brought her new boyfriend --
THE COURT: I'm going to deny it, ma'am. My suspicion is that you're lying, but I'm going to keep the custody orders in full force and effect. You're going to mediation, coming back to court. Okay. In any event your ex parte request is denied. Continue it to -- the next hearing is 3/1 and, sir, your ex parte request, I'm advancing it to today and I'm basically denying it as well, but I'm keeping all orders -- you had an agreement back in December. All orders remain in full force and effect, okay? Yes, sir.
MR. GARCIA: So it's my understanding you got my paperwork?
THE COURT: Yes, I did. I reviewed it and that's why I'm -- my supposition, ma'am, is that you're lying, but if I'm incorrect, you can always bring another ex parte motion but don't misrepresent the situation. If you're lying about this, there's going to be adverse consequences. My supposition is that you're lying. Yes, sir?
MR. GARCIA: Would you like the paperwork that I brought today?
THE COURT: Keep in hand. In any event, so have your mediation date and come back to court. Okay. Thank you.
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To have your letter published: Write: P.O. Box 1389, Victorville, 92393 Fax: 241-1860 E-mail: SWilliams@vvdailypress.com
February 09, 2010 11:24 AM
Thank you for publishing the names of the two judges, Robert Lemkau and David Mazurek, who not only denied a restraining order and visitation order modification, but one of whom was quoted as believing the mother of a now murdered child was a liar.
This should serve as a wake up call to the voters of our community to pay attention, not only to the obvious public servant positions we vote on, but also the judges we sit on an authoritative bench to play Russian Roulette with our lives.
I pray that Katie Tagle is able to find some sense of normalcy in her life one day, but through her anger finds a way to have Lemkau and Mazurek (who do not deserve to be addressed as “Judge” or “Honorable”) charged with a form of murder or manslaughter, and removed from their positions.
Carrie Jo Ashmore
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