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Jailed !!

John Murtari, who has a story on our Hall of Shame page, was jailed voluntarily on 12/17/97.  He did not make bail, and was finally released on Dec. 23rd by a Judge pending trial.  He was waiting for his appeal to be heard when he got an eviction notice from his home (at the time he was living alone in the home and it was on the market waiting to be sold -- his spouse had moved out years prior). He made a decision to use Civil Disobedience, and voluntarily go to jail, rather than leave the home both he and his Son knew. He is NOT fighting over the property, but in his words:

"The 'system' found it very easy to declare that I was not only a bad husband, but also a bad father! I was denied representation by Counsel, and was also denied a Jury to hear my cause. I still tried to defend myself, calling over 12 eye witnesses, and presenting extensive video-tapes -- but it just didn't matter. By the time it came to Trial, it appears the "professionals" involved had already made up their mind.

There is so much 'pain' in this nation's family law system. I'm also doing this for all those mothers & fathers who have had the horrific experience of walking out of a Court House knowing you were now just a "visitor" in your child's life."

On 12/17/97, he was jailed when the Sherrif appearred at his home to enforce the eviction order. If you want to see how it "happened", the following documents may help:

  • His letter to the Appellate Court asking for a "stay" until his Appeal to the Divorce proceeding and Custody could be heard, it explains his reasons for protest (The request for stay was denied). The Appeal is on the Appellate Calendar and scheduled for Oral argument on April 3rd, 1998 in Rochester, NY -- contact John if you want to attend. Here is part of his Appellate Brief, which summarizes his argument on the "rights" of children & parents. The ENTIRE brief is available below.

  • His letter in response to the eviction notice which was posted on his house door on December 10th, giving him until midnight on the 13th to move out -- or face removal by the Sherriff, and his property moved out "to the curb".

On 12/23/97 he was released.  Here are some common questions I have gotten, check the FAQ page

In February of 1998 the charges were dismissed. John had refused to plea guilty to a "lesser charge".


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