SOMEWHERE OVER THE RAINBOW

By MamaLiberty

When I started this blog, over a year ago, I promised that I would expose every last criminal in family court.  I will continue to keep that promise and Mama Liberty will be expanding to other various outlets to give Mothers a voice even more.  We are United States Citizens with the same rights as any other.

If you do not like what is being exposed about you and your corrupt system then do the right thing and stop abusing your power and feeding your ego!

We have the right to expose any government entity for fraud, abuse or neglect.

You all cannot shut us all up, we have power in numbers

The wind always blows mightily over Kansas as it has for so long,  just ask Dorothy.

Now the winds of change are upon the dirty family court system in Shawnee County.  Well over a decade a Mother in Kansas has fought the court system and its criminals to have visitation with her daughter.

Claudine Dombrowski continues to ask the court to follow the custody guidelines for her visitation time.  In February 2010 a miracle happened when the Judge actually adhered and allowed the now teenage daughter to have unsupervised visitation with her Mother with no interference from the father.

But the continued problems this Mother and Child face is the Guardian Ad Litem for the child, Jill M. Dykes, who wishes nothing more than to keep Claudine from her child.  Instead of trying to assistwith fostering a relationship with the Mother, Dykes wants to stay on this case, she wants more taxpayers money to keep her job.  Within the transcript of a hearing held in 2009 Ms. Dykes ineptness and bias against Claudine Dombrowski is evident. In the below transcript Dykes continues to interrupt the judge and fervently tries to prevent the judge from allowing unsupervised visitation. Dykes other favorite thing is to submit overtime to the county for keeping a parent and child separated.

http://www.scribd.com/doc/24383015/2009-January-14-GAL-M-Jill-Dykes-Court-Appointed-Abuser-submits-for-OVERTIME-pay

http://ks-fcrc.com/Documents/Richardson%20v.%20Dombrowski%2096D417%204-6-09%20hearing.pdf

Much to the dismay of the court system and specifically Jill M. Dykes this Mother is demanding that the statutes be upheld…otherwise they should terminate her parental rights.  It is not something that would be easy for any Mother but perhaps it is the right thing to do, in the best interest of the child and this mother.

They have once again started their campaign to end the unsupervised visits.  In fact what has been learned by this blogger is that is that

“if there is any extended visitation time it would evaporate any progress that the mother and child have made.” 

That is right, you read that right, the court whores are going to make it very difficult for any mother and child relationship.  Therefore until justice is given to Claudine and her child, this blog and others will continue to expose the injustices by Shawnee County and those that profit from it. The winds of change are coming Shawnee…and its a BIG one…watch out for falling houses Jill

Entry Filed under: Child Custody Issues,Child Custody for fathers,Children's Rights,Family Courts,activism,child abuse,domestic violence. Tags: domestic violence, family court, abusers,government corruption, battered women, Violence, Judges, domestic abuse, abused children,bad fathers, women haters, cyber stalking, protective parent, abusive men, mother rights,family court corruption, violence against women, maternal deprivation, stupid men, Claudine Dombrowski, Shawnee KS, Jill M. Dykes.

WordPress Tags: SOMEWHERE,OVER,expose,Mama,Citizens,rights,system,government,fraud,numbers,Kansas,Dorothy,Shawnee,Mother,daughter,Claudine,Dombrowski,custody,guidelines,February,miracle,Judge,interference,father,problems,Child,Guardian,Litem,Jill,Dykes,wishes,Instead,relationship,money,Within,transcript,bias,parent,January,Court,Abuser,OVERTIME,Documents,Richardson,fact,justice,Entry,Children,Courts,violence,corruption,Judges,deprivation,outlets,statutes,injustices,fathers,blog,visitation,women

Mexican Justice: Is There Such a Thing?

Times Up!

 

By Susan Murphy-Milano

What happens when a citizen of the US vacations in Mexico and something bad happens, something really bad, something violent, or worse, murder? We all think we have some grasp of how our own criminal justice system works; the bad guys are caught, charged, go to trial, are convicted and sentenced. Well, maybe in an ideal world.

In as much as we feel the justice system in the United States needs to be overhauled, changes in plea deals and light sentences, among other things, how many of us can truthfully say we know how the criminal justice system works in other countries? We love to vacation in Europe, Asia and Central and South America, many buying vacation property and retirement homes in third world countries, but what happens when trouble starts?

In April, Bruce and Monica Beresford-Redman agreed to take a trip to Cancun to help repair their marriage, which, by all accounts, was quite troubled. Many around Monica, including her family, didn't feel that Bruce was "sincere" he was up to something and acting strange. Monica's family warned her not to take the trip. Two young toddlers, 3 and 5 were vacationing with their parents while the couple embarked on, what Monica had hoped would be, a second chance; a second honeymoon with her husband, the producer for the hit tv show, "Survivor."

At what point did trouble start? In my opinion, it was when he began his premeditated plan, likely with some help, to elimate his wife and mother of his children in paradise in a foreign country. Pretty clever if you ask me.

What we do know for certain is the couple had serious problems. He was having an affair, in love with another woman and Monica wanted a divorce. This sick cowardly lion was not going to go quietly into the night. As an abuser will do when they are anrgy, or someone else other than them is attempting to call the shots to end a relationship, they look for a way to erase them from their lives. And, in my opinion, you can take it to the bank, that is exactly what happend.

Bruce Beresford-Redman reported his wife, Monica, missing after a night of arguing, as reported by others staying at the same hotel. Two days later her nude, beaten and strangled body was found in a sewer pipe near the resort where they were staying. When reporting her missing, it was noted by authorities that he had scratches and bruises on his body,was soon named a suspect and told not to leave Mexico until the evidence was gathered and investigated.

It was soon reported by E!Online that Beresford-Redman was "huddling with Eduardo Amerena, the noted criminal lawyer who successfully defended Duane "Dog" Chapman back in 2007, plotting a counterattack in the increasingly likely chance he is formally accused of slaying wife Monica and stuffing her body into a sewer." It was stated that he was going to say that Monica had been cheating on him, not he cheating on her! Oh yea, the old "blame the victim" routine! I guess he would be more believable stating that she was the "cheater" because she is no longer here to defend herself or to provide evidence to the contrary. Sounds very familar. It reminds us of the Stacy Peterson case. Who, by the way, like so many innocent lives, are not here any longer because they have also been elimiated.

Bruce Beresford-Redman was ordered to stay in Mexico, not charged with any crime, nor incarcerated. In the meantime, back in the USA, the fate of he and Monica's children was decided. Against the wishes of her sisters and family, the children were awarded to their paternal grandparents, although temporary, they are filing for permanent custody.

To add another twist to the story, around May 20, Bruce Beresford-Redman was suddenly nowhere to be found! Mexican authorities had tried to contact him and were unable to reach him. Low and behold, he shows up back home in California just in time to have another one of his reality tv shows, Shedding for the Wedding, picked up by the CW network. Can we start boycotting the CW Network, please? We should all be outraged that any network in the United States would hire a man whom again, in my expert opinion, murdered his wife. If you go here you can leave an outage comment to the folks at the CW Network. Afterall, the CW Network are only fueling the fire, making a statement to society that "Intimate Partner Violence" and murder is acceptable.

Although he was ordered to give up his passport, Bruce was free to travel around Mexico. Free to find a way to get back over the border? Afterall, hundreds of illegals do it every day, undetected, or with authorities looking the other way! According to Mexican authorities, Beresford-Redman is the only suspect in his wife Monica's brutal murder, and, now he has fled their country, the country which has jurisdiction over this crime. What will they do about it? Absoltely nothing and this piece of human garbageknows it.

So where is the justice, and what can the sisters and family of Monica Beresford-Redman do now? According to Private Investigators, Vito Colucci and Al Dressler, as stated on The Susan Murphy Milano Show, agree the family need to keep the public informed, they need to garner media attention and they need to keep the heat up by offering a reward, hiring a private investigator, or working within our system to insure that Monica's murder does not turn into a cold case sitting in the dusty file cabinet in a Mexican police department.

One thing that may have saved the hundreds of thousands of dollars that will go into finally arresting and convicting the alleged murderer in this case is, if Monica, and others in known violent relationships, had taken the time to complete an Evidentiary Abuse Affidavit. Had this been done, the person who murdered Monica Beresford-Redman would most likely be sitting in jail.

If you, as a reader, are not aware of what an Evidentiary Abuse Affidavit is, it is a formal signed and notarized series of documents, along with video testimony, that can be used in a court of law if someone in a violent relationship is either missing or murdered. It can bypass all hearsay laws because it's done in the "potential" victim's own voice, own words and used like a will in the event that something happens.

Monica Beresford-Redmond traveled alive and well to another country and she returned because of a husband's rage, in a body bag!

As we go about our daily lives, remember there are many "Monicas" out there right now who may be successful professional people, or down and out having a hard time, but one thing they have in common is violence within their homes. Follow the "Battle Cry"and extend your strength and your voice to help stop family violence.

Been there, done that…” Susan Murphy- Milano has turned a tired phrase into demonstrable realism through the gift of her newly published book, "TIME'S UP: A GUIDE ON HOW TO LEAVE AND SURVIVE ABUSIVE AND STALKING RELATIONSHIPS

WordPress Tags: Mexican,Justice,Times,Susan,Murphy,Milano,citizen,Mexico,system,world,needs,plea,vacation,Europe,Asia,Central,South,America,retirement,April,Bruce,Monica,Beresford,Redman,Cancun,marriage,Many,husband,producer,Survivor,opinion,wife,children,paradise,problems,affair,woman,abuser,relationship,hotel,sewer,resort,authorities,Online,Eduardo,Amerena,lawyer,Duane,Chapman,counterattack,victim,cheater,Stacy,Peterson,crime,meantime,fate,Against,wishes,custody,California,Network,folks,Afterall,statement,Intimate,Partner,Violence,Although,passport,Free,jurisdiction,piece,human,garbage,Private,Investigators,Vito,Colucci,Dressler,attention,investigator,cabinet,department,murderer,relationships,Evidentiary,Abuse,Affidavit,person,reader,series,documents,testimony,hearsay,words,event,Redmond,Monicas,Battle,strength,realism,gift,TIME,GUIDE,LEAVE,SURVIVE,ABUSIVE,vacations,toddlers,longer,sisters,hundreds

BELIEVE THE MOTHERS!!!!!Mom Blames Judge Lemkau For Her Baby's Murder By the Father -Judge says ‘Fathers Rights’ (to kill) are more important (than the Childs rights to live.)

BELIEVE THE MOTHERS!!!!!BELIEVE THE MOTHERS!!!!!BELIEVE THE MOTHERS!!!!!BELIEVE THE MOTHERS!!!!!!!!!

Inland Empire Mom Blames Judge For Baby's Murder

ReportingDave Bryan

[youtube=http://www.youtube.com/watch?v=fPI3Zh-OHEA&hl=en_US&fs=1&]

 Wyatt Garcia, killed by his own father.

A judge in San Bernardino is fighting for his political life. Critics say it was his decision on the bench -- to give joint custody to a man who threatened his own son's life -- that was truly a life and death decision.

And that decision, could have led to the baby's death.

The baby was murdered. And the baby's father described the horrific crime on facebook.

Dave Bryan spoke to the judge, Superior Court Justice Robert Lemkau, for his first TV interview. Bryan also spoke with the man who wants Lemkau's job. Literally.

"When Judge Lemkau gave custody back to him, that was it. I just knew that my baby's death sentence was signed that day." -- Katie Tagle

The him was Tagle's ex-boyfriend, Steven Garcia, father of the couple's 9-month-old son, Wyatt.

And he had written her long, rambling E mails saying he was going to kill the baby and himself if she didn't reconcile with him.

But the judge didn't believe the E mails.

Tagle said the tragedy didn't have to happen.

Tagle asked the judge for a restraining order against her ex in January.

She said she supplied the court with the E mails as well as a temporary restraining order and "a mountain of evidence" including police reports.

Lemkau told Bryant he saw the E mails but they were signed "by a John Hancock, not Steven Garcia and he denied signing them. It could not be authenticated that he signed them."

Lemkau went on to tell Bryant that he thought Tagle might have even made up the E mails. "I made comments based on my comments based on the file and based on their demeanor...and prior history."

Lemkau restored joint custody.

Ten days later, Garcia poisoned the boy and shot himself in a murder-suicide. Just as he promised to do.

Lemkau says he was "shocked and very traumatized by what occured."

He apologized to Tagle in open court.

The judge feels like he made the right call. "We don't have crystal balls," he said, "there was no abuse, no history, just an allegation. You have to be cognizant of the rights of all parties."

Tagle isn't having it. "I do blame him," she says.

The judge defends his action. "A restraining order is not a magic shield. Steven Garcia was a homicidal, suicidal psychopath. A restraining order would not have stopped him."

Asked if he felt guilty, Lemkau said, matter-of-fact, "No. I mean, I made...I made the appropriate decision based on the facts and circumstances that appeared before me at that time."

James Hosking, the deputy D.A. in San Bernardino was so outraged by Lemkau's decision in this case, he decided to run against him when he realized no one else was.

"He showed an absolute callousness, I cannot fathom," says Hosking.

WordPress Tags: BELIEVE,Judge,Lemkau,Baby,Murder,Father,Rights,Childs,Inland,Empire,Dave,Bryan,Wyatt,Garcia,Bernardino,life,decision,bench,custody,death,crime,Superior,Court,Justice,Robert,Katie,Tagle,Steven,tragedy,January,mountain,reports,Bryant,John,Hancock,comments,demeanor,history,Just,crystal,allegation,action,fact,James,Fathers,Critics,balls,himself,didn

When Mother’s Day Becomes Mourner’s Day

My mother and daughter, April 2010. The death of a child is unimaginable for most of us, and for those who have experienced it, surely a tragic, life-altering event.

The Chicago Sun-Times ran an emotional piece this week serving as a reminder that Mother’s Day lacks all sense of celebration for those who’ve lost a child to violence.

Mothers gathered Sunday at St. Sabina Church in Chicago to attend a ceremony unveiling a sculpture by J.S. Kenar depicting “a young girl being menaced by an unformed stick-like human figure with a gun,” ”aimed at reminding all who see it that the battle to save lives is an ongoing one.” 

Violence against children and teens in Chicago has been a major issue in the last year or more; CNN reported in May of 2009 that 36 school children had been murdered, more than one a week during the school year.  At that time, “The Rev. Michael Pfleger… ordered the American flag at St. Sabina Church hung upside-down — a historic sign of distress — to symbolize the growing death toll among the city’s youngsters.”

Other types of loss were noted this Mother’s Day, including a silent vigil in front of the White House by Mothers of Lost Children, which according to CNN’s iReport represents women whose children are in the custody of abusive fathers.  Attendees included “Mildred Muhammad, ex-wife of the DC sniper, and… Katie Tagle and Amy Leichtenberg, both who lost their children in murder-suicides with their abusive fathers.”  And of course mothers who have lost children to illness and accident feel the same grief.

Though women mourning their children have heavy hearts on what should be a holiday, losing a mother in young adulthood can sting badly, too.  New York comedian Mindy Raf, who was 28 when her mother passed away, says she tries to keep a sense of humor about being bombarded with all of the Mother’s Day gift ads that pop up each May.  “It’s hard not to feel left out, or feel like there’s extra salt in the wound on Mother’s Day. Like when you get an e-mail reminding you it’s not too late to save on your flower order. Um, sorry, but you’re wrong ProFlowers. It IS too late to. . .”save 10% on my mother’s day bouquet to Carol.”  Bex Schwartz, a 31-year-old writer/director and pop culture commentator, is still grieving the loss of her mother, who died of cancer last year. Continue reading »

WordPress Tags: Mother,Mourner,daughter,April,death,life,event,Chicago,Times,piece,reminder,celebration,violence,Sabina,Church,ceremony,sculpture,Kenar,girl,human,children,teens,Michael,Pfleger,American,upside,youngsters,White,House,Lost,custody,Attendees,Muhammad,wife,Katie,Tagle,Leichtenberg,accident,grief,Though,York,comedian,Mindy,gift,ProFlowers,bouquet,Carol,Schwartz,writer,director,culture,commentator,cancer,Continue,fathers,hearts,week,women

Will Judge Stokes Jail Mother Danielle Malmquist --AGAIN?? (another TN Judge that needs to be removed)

Parenting News Network™

PRESS RELEASE May 25,2010

3:18 Custody Fight Continues, Mom Jailed

3:49 Nasty Divorce Case Still Lingers -Danielle Malmquist still no access to Her Children

4:37 TN Mom: I cant afford to see my kids

 6:36 Bitter Mid South $$ buys Oppression

 

Judge Jerry Stokes accuses mother of his assassination and then when the police refuse to press charges Judge Stokes then takes it upon himself by retaliating from the bench.

PRESS RELEASE May 25,2010

Memphis,TN – After three years of a struggling to understand why she has no contact with her children, a mother inadvertently discovered a labyrinthine scheme in which her ex-husband hired someone to fabricate and alert the judge presiding over their lengthy custody battle that she was  plotting to assassinate him.

On one hand, this was simply another of the father’s attempts to gain a tactical advantage; on the other, the situation muddied substantially when the judge, Jerry Stokes then filed criminal charges against her. A full police investigation of the allegations turned up no credible evidence, and the Memphis Police Department inform Judge Stokes that they would not pursue the allegation further. Subsequently, Judge Stokes failed to disclose these events and recuse himself, as judicial ethics would dictate. Instead, he told police not to alert the mother or her legal counsel of the investigation. For the next two years, over hearing after hearing, the mother has been denied access to her children and her rights prior to any hearing taking place in front of Judge Jerry Stokes.

Since the mother’s discovery of the police report over a year after the fact, she has asked Judge Stokes to recuse himself from the pending custody case but he is standing firm, denying any bias and claiming that he never actually believed the threat…………though he did file the police report.

His actions since filing the report include a ruling on February 13, 2009 which prohibits the mother from filing any motions against the father unless she pays the father $1600.00 in sanctions for attempting to collect on past child support the father owed to mother.  Since the injunction has been put into place, the father has taken advantage of the fact that mother cannot hold him in contempt, and thereby refuses to allow her to see her children. The court clerk’s office has been instructed by Judge Stokes not to accept any more filings by the mother. 

Currently, she faces a May 28, 2010 hearing, in which the father is requesting that mother be jailed for non-payment of sanctions. The Judge is charging this mother monetary sanctions for the mother filing motions.  What has our court systems come to when a mother is prohibited from filing motions in an effort to be reunited with her children?  

For more information please contact:
Danielle Malmquist

650.533.7802

Danny17n@gmail. com

Technorati Tags: Judge,Jail,Mother,Danielle,Malmquist,AGAIN,needs,Divorce,Case,Still,Children,Custody,cant,kids,Bitter,South,Oppression,Jerry,assassination,bench,RELEASE,Memphis,husband,father,advantage,situation,investigation,Police,Department,allegation,events,ethics,Instead,rights,discovery,fact,bias,threat,actions,February,injunction,contempt,office,payment,effort,allegations,systems,himself,recuse

911 tape released in West Haven murder-suicide; Baby is Crying While Father Shoots Mother to Death

 

Listen to audio, baby crying while mom is shot and killed caught on 911 tape

http://www.nhregister.com/articles/2010/05/25/news/metro/doc4bfb26c22e0e5880064660.txt

911 tape released in West Haven murder-suicide; Probe finds ‘troubling’ aspects in arrest, monitoring in domestic violence case (multimedia)

Published: Tuesday, May 25, 2010

By James Tinley, Register Staff

jtinley@newhavenregister.com

A report into a Jan. 17 murder-suicide in West Haven released Monday by the Ansonia-Milford State’s Attorney’s Office details key break downs in the way the domestic violence case was handled and calls for reforms at virtually every level in the response to such cases.

(Caution: The following audio tape contains disturbing content)

The five-month investigation “uncovered several troubling revelations” in aspects of the arrest, prosecution and monitoring of the original domestic violence case of Selami Ozdemir, 42, said Kevin D. Lawlor, state’s attorney for the Ansonia-Milford Judicial District.

Ozdemir, who had a history or domestic violence, was able to post $25,000 bail after assaulting the mother of his children on April 16 without paying a dime of his pocket to a bail bondsman. Once released from jail he was able to violate a protective order for the second time in 12 hours to kill Shengyl Rasim, 25, in front of their two children. He then turned the borrowed gun on himself.

A review of the 911 tapes shows operators “did not communicate vital facts to patrol officers,” on April 17 including a warning from a concerned citizen that Ozdemir was drunk, dangerous and heading for the house. Officers, who were back at the house, were never told of the call from the concerned citizen that came in when they were still at the house on Blohm Street.

Minutes later another 911 call would come in from the Rasim’s house. Arguing, and five loud popping sounds, followed by a baby crying can be heard on the chilling audio from the 911 call.

Operators did not tell the officers, who were sent back to the house, of the possible gun shots.

When they arrived they found Rasim suffering from four gun shot wounds and Ozdemir with a single self-inflicted gun shot wound to his chest.

An attorney for the Rasim’s estate Monday filed his intent to sue the city and dispatchers for “their extreme negligence” in failing to notify the officers of the citizen’s warning.

“There are so many egregious errors on the part of the West Haven Police Department in this case, where do you even start?” said Attorney Joel T. Faxon of Stratton Faxon Law Firm in New Haven. “Ozdemir violated a protective order not once, but two or three times, in the span of 12 hours before killing his wife and no one bothered to take him into custody. I believe racially motivated misconduct clearly plays a role in this case. The dispatchers appear to have a very cavalier and dismissive attitude toward this young Turkish woman who didn’t speak English well and obviously ignored direct warnings of her impending execution.”

The report says the 911 operators have access to translation services, but never requested them.

Calls to the West Haven Fire Department, which oversees civilian dispatchers with the police department were not returned Monday. A West Haven police spokesman declined to comment. Both departments have launched internal investigations.

A gap in the treatment and evaluation of people accused of domestic violence also was exposed in the report.

Ozdemir, who was first arrested for beating his wife in September 2009, was accepted into a family violence education program, but did not attend any classes because there was a three-month wait.

“My primary concern is to determine exactly what happened in this situation and, to the extent possible, attempt to assure that a tragedy such as this does not happen again. It is not to assign blame to any agency or group,” Lawlor said.

Lawlor also called on the state legislature to end the practice of people accused of crimes effectively receiving “get out of jail free cards.”

Ozdemir was arrested for assaulting Rasim on Jan. 16 and was freed that night by a bail bondsman, without any payment to the bondsman. How he was able to do that is still under investigation, but no state law prevents it from happening again. A law to reform the bail bonds industry, which is one of Lawlor’s recommendations, died in the Senate without a vote this year after gaining unanimous approval in the House.

The procedural changes the report calls include: Increasing the number of slots in the Family Violence Education Program; requiring more formal monitoring, supervision and reporting by those accused of domestic violence while their cases are pending in court; formalizing statewide procedures for notifying the state Department of Children and Families of potential instances of child endangerment involving domestic violence; reforming the bail bond industry to prevent a bondsman from issuing what is in effect a “get out of jail free card” to someone accused of domestic violence; and increasing inter-agency and intra-agency communication in domestic violence cases.

Shengyl Rasim Report

Shengyl Rasim Report

WordPress Tags: West,Haven,Baby,Father,Mother,Death,Listen,news,Probe,violence,multimedia,James,Tinley,Register,Staff,Ansonia,Milford,State,Attorney,Office,response,cases,Caution,investigation,prosecution,Selami,Ozdemir,Kevin,Lawlor,Judicial,District,history,bail,children,April,Once,Shengyl,Rasim,citizen,Blohm,Street,Minutes,self,chest,estate,negligence,Police,Department,Joel,Faxon,Stratton,Firm,times,wife,custody,misconduct,plays,role,attitude,Turkish,woman,English,execution,translation,services,Fire,civilian,spokesman,Both,treatment,evaluation,September,education,classes,situation,extent,tragedy,agency,legislature,payment,industry,Senate,approval,House,Program,supervision,procedures,card,communication,Report,mode,articles,aspects,revelations,operators,officers,errors,departments,investigations,crimes,recommendations,instances,suicide,five,month,bondsman,hours,dispatchers,three

Voters should judge Lemkau on his failure to protect children

http://www.sbsun.com/pointofview/ci_15147908

by Randy Burton

"My supposition, ma'am, is that you're lying." Judge Robert Lemkau's presumptuous statement made to Katie Tagle on Jan. 21 would have far-reaching and tragic effects. In denying this mother's basic request for a protective order against her former boyfriend and father of her infant child, Judge Lemkau threatened there would be "adverse consequences" for Katie if she had lied to him.

The grim reality is that Katie was telling the truth, and it would be Katie Tagle's 9-month-old son, Wyatt Garcia, who suffered the consequences of Lemkau's bad judgment when the father, Stephen Garcia, shot the baby to death 10 days later.

Though judges do, indeed, pass judgment on others, they are assumed and ethically obligated to be impartial. However, in spite of the evidence Tagle presented of Stephen Garcia's e-mails threatening to kill their son and himself, Judge Lemkau denied her plea for protection.

Rather than take the law into her own hands, Tagle trusted the legal system to protect her and her infant son from her abusive, homicidal, ex-boyfriend, the boy's father. Instead, Judge Lemkau treated her claims and evidence with skepticism and disbelief. Rather than give Tagle and her baby the benefit of the doubt in the interest of safety, Judge Lemkau's supposition was that she was a liar. By definition, "supposition" is "an opinion or judgment based on little or no evidence."

This morality play is not just about the re-election of a sitting judge. It is first and foremost about an elected official's accountability to the voters for his actions and the sorry state of children's rights in our country. This is not just about a grotesque lapse in judgment. It is about a judge making a deliberate decision, in the face of evidence to the contrary, to deny a protective mother's request to protect her baby son because she dared to assert that her former boyfriend was abusive and dangerous. And, in the process, Judge Lemkau sentenced a baby to death without due process of law.

Judge Lemkau and many of his male counterparts in family courts across our country assume that when a woman alleges child abuse in court they are doing so solely for strategic advantage. Frequently indifferent to the allegations of abuse, particularly allegations of sexual abuse, judges assume that claims of child abuse in custody cases are false, despite numerous national studies indicating that the number of false allegations of sexual abuse in custody cases is very small, and punish those who dare to make such allegations.

As a result, the protection of the child and any due process to which he is entitled are given little or no consideration, and, the abuser is frequently given unrestricted visitation with the child, if not total custody. Child abuse, whether sexual or physical, and child protection becomes only incidentally a custody question.

With a baby's life on the line, Judge Lemkau reportedly spent a total of about five minutes on the entire hearing. Lemkau stated, "All I had were the e-mails," but that is untrue. Police reports and an emergency protective order (EPO) issued eight days earlier by Judge David Mazurek were also admitted into evidence. Clearly, Judge Lemkau chose to ignore Judge Mazurek's prior decision recognizing the danger posed to Baby Wyatt and his mother.

It is every judge's job to carefully consider all the evidence before making a decision. Judge Lemkau failed to do so and wrongly pre-judged the case.

The court transcript shows Lemkau issued his decision almost immediately after the hearing began, without giving Baby Wyatt's mother, Katie Tagle, an opportunity to fully present her evidence. In fact, Lemkau interrupted Tagle virtually every time she attempted to speak and present her side of the case.

Judge Lemkau stated in a recent media interview that what's important is not what was said in court that day, but what he did. What Judge Lemkau did and what voters should judge him on was his decision to ignore the credible evidence before him, his failure to investigate threats against a child's life, his apparent bias against allegations of abuse, and his failure to ensure a baby's safety.

Randy Burton is a former assistant district attorney for the Harris County District Attorney's Office in Houston, where he served as the chief prosecutor of family offenses. Burton is also the founder of Justice for Children, a national child advocacy organization.

WordPress Tags: Inbox,Microsoft,Outlook,pointofview,Randy,Burton,supposition,Judge,Robert,Lemkau,statement,Katie,Tagle,father,infant,consequences,truth,Wyatt,Garcia,judgment,Stephen,death,Though,judges,spite,plea,protection,Rather,system,Instead,skepticism,disbelief,liar,definition,opinion,election,voters,actions,children,rights,decision,male,courts,woman,advantage,custody,cases,result,abuser,Child,life,Police,reports,emergency,David,Mazurek,danger,Baby,transcript,fact,failure,threats,bias,district,attorney,Harris,Office,Houston,Justice,advocacy,organization,counterparts,allegations,boyfriend,sexual