From: John Murtari (jmurtari@akidsright.org)
Date: Wed May 03 2006 - 19:30:18 EDT
Good People & People of Faith,
I had a court appearance today at 10 AM and I'm quite happy to still
be free and able to send this message. As many of you know I've been
in a struggle over child support arrears and my former spouse would
like to see me held in contempt and jailed.
For anyone new to this, or interested in more details, there is a
complete chronology at: http://www.AKidsRight.Org/support_jm.htm
Over the weekend I received news from Mr. Keller, my Attorney. The
newly assigned Judge, Bryan Hedges, had denied the objections we had
filed earlier. A copy of his order is posted at the site (see above).
It didn't even seem he had read the objections. It was disappointing
and while I felt I'd been lucky a few weeks ago -- this time I would
be sent to jail. I would actually have to start my effort at
noncooperation and lie down in the Courtroom....
As we spoke briefly outside the court room Mr. Keller told me we had a
solid case on appeal regarding venue and due process violations -- and
he would try to get any jail sentence stayed due to an appeal. Even
if I was jailed he would move as quickly as possible on other actions.
We were called into the Courtroom, I noted the floor was carpeted.
What a break! I wouldn't have to lie down on hard, cold linoleum.
The Judge reviewed what the proceeding was about. That this was a
continuation from an earlier hearing held before a Support Magistrate,
and meant to determine what (if any) punishment was appropriate. The
other attorney, Ms. Walsh, said they wanted punishment.
The Judge then surprised me by saying that before going any further he
wanted the Probation Department to do an investigation and report on
my background and also discover where I really lived. He said that if
the investigation confirmed I live in Lyons, NY (Wayne County), all
the paperwork will be sent there. (My former spouse lives out West).
He told the other attorney they could also withdraw their petition and
refile in Wayne County on their own initiative.
At this point Ms. Walsh began to interject that they didn't want
probation to do anything, that it was pointless, that I owed a lot of
money. In a bigger surprise, the Judge told her to be quiet, that he
wasn't asking for her opinion, that he was telling her what he was
going to do.... He again offered her the option of withdrawing the
petition and refiling. She declined.
He then scheduled another appearance for July 25th where the report
would be reviewed. He then said that if it is determined I live in
Wayne County (which I do), the proceeding and ALL the paperwork would
be moved there. We were dismissed.
(Things happened fast, these words aren't exact, but I hope to have a
transcript at the site soon).
A Sigh of Relief
----------------
I can't tell you how relieved I was to hear that. Both Domenic and I
were anxious over the results and I had plane tickets to see him in
two weeks. Not only that, but summer vacation stood in the balance.
We should hopefully be fine now.
It is difficult to explain what went on in the Courtroom. It seems
that maybe in later review someone actually read all the papers we had
submitted regarding improper venue and realized there was a big
problem. I had actually submitted a criminal complaint regarding an
alleged false affidavit submitted by the other attorney (see link
above) and my former spouse. If proven, a Felony offense in New York,
this would result in disbarment.
Dignity, Respect & Compassion
-----------------------------
Everyone deserves this type of treatment, including opposing counsel,
even if they are guilty. We should not resort to name calling or get
some type of 'joy' from another's misery -- then we demean ourselves.
If we believe something is improper, we try to take proper action.
If someone is guilty, they should be punished.
Here is what I feel we should avoid, below are some comments directed
toward a State legislator (name changed) that didn't vote 'our way' on
some family legislation:
> MY OPINION is: JOE SMITH IS A LOW-LIFE GREEDY, LYING, SCUMBAG, A
> KID-KILLER BY PROXY, A PARENT KILLER BY PROXY, A PEDOPHILE BY PROXY,
> AND A TRAITOR TO HIS OATH OF OFFICE (Part 1 of 2).
Can we all get away from that? Including how we treat each other as
we all work for reform?
Love is not unarmed, but also wields a sword! - St. Francis of Assisi
---------------------------------------------------------------------
I don't think anyone could have predicted the Judge's actions in my
last two appearances: one recusal, another moving the case away. Many
of us feel powerless against the 'system'. They they can do what they
want to us and sometimes we just better go along, or just try to hide.
These Judges were aware of what was at our web site, and the lengths I
was ready to go to, and it made them uneasy. Talk is cheap, anyone
can submit stacks of paperwork -- but we have someone who says they
love their child. That their child is the most important thing in the
world to them. Someone who is willing to lie down in Court, be
dragged off to jail, and potentially kept alive through tubes.
And no foul language? Not calling me names like most people do?
Maybe this person really does care about their child? I need to be
careful here, maybe it's not what I think?
We talk so much about NonViolent Action, if you haven't had the time,
please check it out at: http://www.AKidsRight.Org/civil.htm -- the
whole point, to convert how people think about you. To make them
rethink their ideas by your willingness to embrace voluntary
suffering. Our best way to change public opinion.
The Love we have for our kids. It is a very powerful weapon, but
we have to have the Faith to use it.
Many Thanks!
------------
I have not been able to pay my attorney, Mr. Keller, anywhere near
what he is worth. I have asked for donations and I want to express my
sincerest appreciation to the following people who sent money for a
total of $200.00:
Sheryle (Rockymtnmom2@aol.com)
Joanne (aces4kids_jo@yahoo.com)
Theresa (littlet@tampabay.rr.com)
Charles (dehartcg@earthlink.net)
For more details on their donations check the Legal Defense link at
the top of: http://www.AKidsRight.Org/support_jm.htm
I know how important money is to all of us. Many of us can never have
enough to fight our own legal battles, let alone help someone else. I
would not even ask if this was just my private struggle.
But I hope my willingness to go very public with my proceeding and to
take risks by noncooperation in any jail sentence -- that we can all
benefit by potential publicity and legal precedence.
Senator Clinton is Key
----------------------
This support issue is important, but a distraction, from our real
effort with Senator Clinton -- and getting her to meet face-to-face
with parents who have been hurt by the 'system' through divorce,
separation, or child 'protective' services.
We need her to call for Congressional Hearings into reform. The first
step in getting a Family Rights Act passed to protect all of us.
http://www.AKidsRight.Org/approach.htm
Many of you are familiar with that effort, and I hope to resume it
later in the summer. I welcome mothers and fathers who are willing to
join me. For details and history see:
http://www.AKidsRight.Org/actionc_syr
Best regards!
--
John Murtari
____________________________________________________________________
Coordinator AKidsRight.Org
jmurtari@AKidsRight.Org "A Kid's Right to BOTH parents"
Toll Free (877) 635-1968(x-211) http://www.AKidsRight.Org/
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