NYPost- comment re 4/28 “Judge kicks 'War of Roses' couple out of house,” answered 4/29/11
(90++% below- documented, rest my opinion, but none lightly given) (Email me at email@example.com if you want copy of outrageous Memorandum decision by Judge D'EDmic)
LIE- husband has NOT lived on other side of ridiculous wall 1st Judge Sarah Krauss (later recused for bias) ordered installed 2005, so only kicking out wife. Husband visits, has other(s) live there to illegally (vs one of many ignored court orders) control utilities (turn heat way down, etc), make late loud noises, etc., AS COURT HAS BEEN INFORMED! HOW ABOUT- “ALL SOCIETY LOSES WHEN COURTS DON'T OPERATE FAIRLY, NO MATTER THE TOPIC?”
Consider that Judge D'Emic, & all judges, ignored that maintenance was rarely paid to wife for 6yrs, orders for husband to pay home mortgage were never enforced, etc. causing wife's bankruptcy last 3 yrs. Letter FROM IRS to wife's lawyer July 2009 said husband's last tax returns was 2004. (Could YOU get away with that?) Husband had 3 federal fraud convictions in 1998, was in bankruptcy 1998-2001. He declared $77,000 in 2002 (Judge D'Emic reports $650,000 by 2006, ~$1 Million now, but neither reflects even just all rents he collects, as all judges have been informed). Yet Judge D'Emic reports he immediately got loans to build apartments (over 40 luxury, illegally in commercial zone, AND versus Judge Carolyn Demarest -later recused for bias- orders transferred that property to daughter- March 2007). COULD YOU GET LOANS UNDER THOSE CIRCUMSTANCES? Simon Taub stole custody of 14 year old son, mother hasn't seen him since. Mr. Taub has currently had his extortion hearing postponed 3x re keeping quiet re sexual abuse of that son. He still hasn't provided courts with his bank statements (more ignored orders- part of Discovery), yet has been acknowledged by judges to be wealthy (bankruptcy Judge Stong estimated he's worth $40+ million). Judge D'Emic ordered only wife's small properties sold, proceeds halved (little value will be left- all in foreclosure) while he pays wife far less than reasonable value for his properties he gets to keep. Also, from wife's share, he gets to deduct some of legal fees (wives usually get legal fees when husband is sole breadwinner; also get to stay in marital home). All wife's lawyers have soft-pedaled case, withdrawn, succumbed to “intimidation,” etc. Judge D'Emic “ignored” that legal fees equal millions, most incurred by Simon (Caused many delays, etc.). Chana owes at least several hundred thousand!
Monthly maintenance Judge D'Emic ordered- sad joke since maintenance has never been enforced (Future enforcement likely to take court time for years, continuing to cost public, denying access, etc.), & is surely less than should come from multimillionaire! Part of reason first divorce action was denied is because Judge Carolyn Demarest wouldn't allow testimony of NOTED expert domestic violence witness re his 7 hrs interviewing wife, determining she exhibits all parameters of an abused wife! Wife's credibility has been frequently questioned. Isn't that backwards? ETC!! Another judge dismissed RICO (fed. racketeering) filed pro se. Consider that Simon has only one mailbox for illegal apts, has often been in tax arrears, ETC! Hmm...
Chana Taub is going to appeal (more court time; she has no choice AGAIN). Let's cheer for her AND START EXTENSIVE PUBLIC DIALOGUE RE ESTABLISHING EFFECTIVE CHECKS & BALANCES ON OUR LEGAL SYSTEM! Excessive legal costs hurt business, health care, families, individuals, & fuel state & federal deficits! Judicial hellholes (official term) exist across U.S. Unfair judges & lawyers hinder good ones! A study -1996-2006 reported of ~ 840 federal judges in 29 states, thousands of complaints, NONE got sanctioned. Do YOU think that makes sense??
At request of president of National Coalition for Family Justice I've attended this case since Feb. 5, 2007 since court abuse was suspected. Investigative sources have done little. I am in Who's Who in America, etc. due to 40+ yrs of public advocacy. I have no self interest, but am worried about future of our country. Can we lead this way? "OUR KIDS KANT WAIT SO NEITHER CAN WE!")
I hope the connection re Supreme Court case below will be made to money, since one of issues is often not only wanting to punish the mother, etc., etc., but also because the father doesn't want to pay child support. I know organizers all know this, but I think that item ought to be mentioned in all press releases as I'm sure it doesn't really occur to some (most?)) of the public, legislators, etc. and may even not be totally realized by some of the judges. The whole thing is of course about power & control, and our entire legal system, no matter the topic, has too often become about who can win, not justice. I believe stressing this bigger picture will help get legislators & the public more involved. We need to establish checks & balances on our legal system re evidence gathering ( many "anecdotes' all pointing in the same direction should constitute evidence), re delaying tactics of multiple sorts, etc.
An article in NYT 4/27/11, "Who Protects the Animals," said, "The problem is the system that enables cruelty and a lack of not just law enforcement but actual laws." Monica Getz & others have long also stressed that far more needs to be done re judge, guardian, etc. training re DV, most esp. re charlatan aspect of most abusers and how well they present in court (which I know has been stressed at conferences, etc., but I hope will be strongly emphasized again now, and I believe reference to that also needs to be in all media presentations), discussion of bi-polar disorder, etc. Since PR re the conferences, etc. must be short, consider just including a topic list of issues so it at least starts getting others thinking and feeling involved. This is NOT female vs male (In fact many female judges have been found to be more abusive to mothers than male judges- ex. Brooklyn, NY Judge Robin Sheares was recently removed from Family Court to Criminal Court because of years of complaints, final one being that she jailed a mom for refusing to send 10yr old son from NY to AZ to visit father jailed for several rapes), but rather a pro human plea.
US Supreme Court, One First Street, NE ,Washington, DC
Sidewalk in front of the US Supreme Court
HISTORIC US SUPREME COURT CASE
Child Advocates and Legal Scholars are anxiously awaiting the filing of a Petition for Writ of Certiorari on May 6, 2011 at 12 noon at the US Supreme Court in Washington, D.C. in the Sacks v. Sacks case.
This truly will be an Historic Day at the US Supreme Court, for America's children and their "Protective Parents", as this landmark case is being hand delivered by a Florida Mother and exposes a national crisis all over the US.
The Sacks v. Sacks case is the perfect opportunity for the US Supreme Court to thoroughly explore and address the issue of Battered Mothers and child abuse, and their documented evidence of "protective parents" losing custody and the failure of family courts and Child Protective Services to thoroughly investigate and handle Domestic Violence, child sexual/and or child physical abuse cases properly, therefore resulting in a verdict, contrary to the "bests interests of the child(ren)".
Kathleen Russell, from the Center for Judicial Excellence, in the California Progress Report, on 10/19/09 "When Family Courts Get It Wrong", says "When a parent harms his or her own child, family courts are supposed to step in and safeguard the victim. Can you imagine what a tragedy it would be if courts awarded custody to the wrong parent Actually according to one conservative estimate, more than 58, 000 children a year are court ordered by family courts into unsupervised visitation contact with physically or sexually abusive parents following a divorce in the U.S. The fact that this type of scandal is taking place in the American justice system defies the imagination. Not since the Roman Catholic Church pedophile scandal has the US seen this type of institutional harm inflicted on innocent children." (www.centerforjudicalexcelllence.org)
The National Organization for Women, NOW and the NOW Ad Hoc Law Committee are addressing this issue and in their Spring 2011, "and explore what can happen to a protective mother and her children when she does nothing more than to protect her children", as quoted on page 36 of the Petition for Certiorari.
The Petitioner, in the US Supreme Court case, Linda Marie Sacks, has been chosen as the "Poster Mother" of the Family Court Crisis, is interviewed for the article.(www.now.org) Click on the Family Law Spring Newsletter.
On April 21, 2011, in the BMCCVI Digest Number 2011, reports that Eileen King representing Justice for Children participated in the Office of Violence Against Women Roundtable Discussion that took place at George Washington University Law School. The Roundtable was organized by Rita Smith, the Director of the National Coalition Against Domestic Violence and Prof. Joan Meier, Director of the Domestic Violence Legal Empowerment and Appeals Project (DVLEAP) at GWU Law School. OVW will post a report about the Roundtable on their website in the near future. (www.justiceforchildren.org) and (www.dvleap.org)
As noted by Barry Goldstein, Esq. The Office of Violence Against Women (OVW) is part of the US Justice Department that provides grants for programs to reduce and prevent domestic violence. They recently sponsored a forum for their staff and other professionals in various parts of the government to learn about the crisis in the custody court system.
"It was a discussion based upon current scientific research and actual experiences that courts are routinely making catastrophic mistakes in failing to protect children and domestic violence survivors.
Linda Marie Sacks, a Florida Mother, truly the "All American Mom", has only seen her children at the Family Tree House Visitation Center for 82 hours in the last 4 years and 2 months, is challenging the "Best Interests of The Children" Statute 61.13, as Domestic Violence, child sexual and physical abuse must be considered in a judge's decision determining the "Best Interests of the Children". In the Pro se Cert Petition, Sacks raises the constitutional implications of a fit parent to the care, custody, of her children, and without a finding of unfitness by clear and convincing evidence, established by the US Supreme Court ruling in Santosky v. Kramer, U.S. 745, 769-770 (1982).
Her daughters said in April 2007, "Mommy fight for us and do something every day to get us back and don't ever stop". Their Mother not only kept her promise to them, but now is a national spokesperson on the child custody crisis, and is speaking up for her children, and all of America's children affected by the failure of our justice system to protect our most innocent children from sexual and physical abuse. She is a formidable legal opponent, as she has been self taught, going to "Internet Law School" to continue her legal challenge after spending $140,000 to undo an unjust custody decision. The Fifth District Court of Appeals REVERSED and REMANDED the issue of child custody back to the lower court for a violation of the Petitioners constitutional rights to due process, in 08/08. This rare reversal provided no relief as the lower court of Judge Shawn L. Briese refused to abide by the Appeals court and refused to protect the children and said one child lied about being sexually abused.
In an article by John Weiss, from Post-Bulletin, Rochester, MN , "Do children lie about sexual abuse? Not Usually." Children do lie, but seldom about being abused. "All human beings can and do lie, but it's hard for kids to do it about sex", said Victor Vieth, the director of the national Child Protection Training Center at Winona State University. "They can't lie about something they have no knowledge of" he said, and children don't learn about oral sex from Sesame Street.
Dr. Deborah Day of Psychological Affiliates, the court ordered custody evaluator said the minor child at 8 years old had pediatric bipolar and that negates any child sexual abuse, and then thwarted the DCF investigation. The court record clearly showed that the child DID NOT have bipolar, but the trial court still refused to protect the children, which is typical from cases all over the US.
One day justice will prevail for America's children. Could it be in the Sacks v. Sacks case?
Nat'l Advocacy groups & Mothers -attending events to shed light on crisis in Amer. Courts.
Mothers Day, May 8th, 2011 in Washington DC will also have the Mothers of Lost Children from 6-9:30 PM at the White House.
Information will be available on Sunday night about activities on Monday.
The Sacks v. Sacks is an historic case.
Linda Marie Sacks
For more information and press
Center for Judicial Excellence
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IMPORTANT: CJE DOES NOT GIVE LEGAL ADVICE. The information in this e-mail is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. If you have a legal problem, seek professional legal counsel.
__._,_.___PUPPET CHILD, a family legal drama about a mother fighting the legal system to save her daughter from its "justice," was listed in the Top 10 Favorite First Novels 2002 (www.BookBrowse.com). The novel has since spawned activism and legislation.
<P> Please check the author's website at www.TaliaCarner.com for resources for protective parents and for great articles for activists, as well as the text for THE PROTECTIVE PARENT RERORM ACT.
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Author Talia Carner's second novel CHINA DOLL is a story about an American pop icon on a concert tour in China, when a baby is thrust into her arms. In CHINA DOLL, infanticide is juxtaposed against the music world and the complex life of a celebrity battling those who are trying to silence her.
NEWS!!!!!!! Carner's next novel, JERUSALEM MAIDEN, will be published by HarperCollins in June 2011. It is the story of a young woman's struggle for her individuality against her society's religious dictates.