Can I Have a Judges Cases Reviewed to Prove Bias
Judicial Bias(?) – How Information technology Works and How To Defend Against It by Zed McLarnon
Used with permission of the author
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Index
Forward
Phantom clinical evaluations
How to fight it
Recommendations of the probation officer
How to fight it
Edited court hearing tapes
How to fight it
Undercover hearings
How to fight it
Secret affidavits
How to fight it
References
Newspaper/magazine manufactures and web sites featuring the kidnapping of Ian McLarnon
Spider web sites featuring Zed'due south example
Forwards
Top
The following applies primarily to courts in Massachusetts but courts in other states utilise many of these aforementioned tactics and practices.
Many men in the fathers and family rights movement complain that they have been victimized by judges who demonstrate extreme bias against them in the courtroom regarding restraining orders and/or child custody. We hear stories from men whose lawyers present what they think is a winning instance but to accept the judge completely ignore the evidence in favor of the (unremarkably) unsubstantiated accusations of corruption past the (ex-)wife, or girlfriend. Some men complain to the Judicial Conduct Commission (JCC) [in Massachusetts] regarding farthermost bias judges have used against them in the courtroom, but to have the JCC exonerate the judge. How tin can this be? How do they go away with it?
I take been involved in a seven-year struggle to meet my son. one During that period I have used my experience equally a forensic investigator, and a groovy deal of time to research and then find, the criminal tactics judges and their court personnel use as a basis to support rulings that seem similar open discrimination confronting men/fathers. Here are tips to help you lot betrayal the most common crimes used to support the court'southward blatant bias against fathers. 2
Phantom clinical evaluations
Elevation
The answer many times is "phantom" clinical evaluations. I call them "phantom" because the man/male parent doesn't know they exist. Here's how it works: A woman goes to Probate & Family Court to obtain a restraining guild, and/or custody. A "victim's advocate," usually a lawyer or social worker, is appointed past the court. The woman may, also, come across a social worker at the Department of Social Services or privately. These social workers interview the woman and write her accusations downward in a written report. The social worker does not interview the man accused of abuse or neglect or whatsoever other complaint the adult female is basing her example upon. Since this report is generated by a social worker, information technology is a "clinical" evaluation in the court's eyes, fifty-fifty though the social worker didn't interview both parties – only the woman.
This "clinical" evaluation is sent to the court and, since it is clinical in nature, is impounded in the Annals'southward Role impounded files. It does non appear in the case file. Impounded files are clinical in nature and not meant for public scrutiny. About men do not know of the existence of impounded files. Even if a man goes to court and reviews his case file he doesn't detect that the "evaluation" is present and poisoning his instance.
Therefore, the human being doesn't know that there is a study, or evaluation, that is being seen past the gauge. Unless this "phantom" evaluation is struck from this instance file, the judge who sees it uses it as an alibi to ignore the testify of the instance in favor of granting the woman a restraining order or custody of the children. When challenged past the Judicial Conduct Committee, the estimate pulls out the phantom "clinical evaluation" from the impounded files saying this guy is a very bad human being and I had to protect the woman and children.
How to fight information technology
Top
I discovered that phantom clinical evaluations performed by two social workers who worked with my ex-wife's husband had been poisoning my case.
Check your example docket, or have your lawyer obtain a certified copy of the docket, to see if a "clinical" evaluation has been submitted to the Court. If there is an entry in the docket that an evaluation has been submitted, you, or your lawyer, must obtain a copy from the Register's Part. The Register's Role is where all cloth that is "clinical" in nature is kept — not in your case file. Even if the docket does not have an entry of the existence of an evaluation or report, go to the Annals's Function and request all impounded cloth having to do with your case. The Register's Function will resist by saying they tin't find the file, or a gauge may be reviewing information technology, etc. Be persistent. Information technology is imperative to obtain all impounded material from the Annals' Office regarding your case. One time you obtain it, or discover out information technology exists, have your lawyer strike this report, or evaluation, from your file on the grounds that information technology is not "clinical" in nature since you weren't interviewed or given an opportunity to outset the report's accusations.
If your attorney does not inform you that a report might exist, or doesn't cheque the docket or Register'due south Role for you, your attorney may not be doing everything possible to help you win. Many times a man's attorney will nowadays all the data the homo wants in courtroom. Only, if your attorney does not check the docket, or request all impounded material from the Register'southward Office and accept the phantom reports struck, even the all-time of lawyer's arguments are ignored by the estimate in favor of the accusations in the phantom study. Attorneys know this and if you haven't requested that your attorney specifically disclose the presence of this report and strike information technology from the tape, then the attorney has washed you an injustice. Of grade, this leads to you retaining the chaser further to appeal the adjudication or for the adjacent hearing.
I believe near family lawyers know these tricks are being employed and subtly sell their male person clients out by, on the one hand, representing them vigorously — while knowing the gauge will ignore their arguments in favor of the manipulated court tape. The lawyer shrugs his/her shoulder and the homo/father wonders what happened. Lawyers are nether force per unit area from the courts to keep these "tricks" from being revealed or they will never win another case in forepart of that court once again. For example, my attorney, Greg Hession, submitted to Judge Hiller B. Zobel (of the Louise Woodward "nanny" trial) ii court-certified copies of my docket six months apart. The 2nd docket had been altered to re-innovate a GAL [Guardian Advertizement Litem] report that I had previously had stricken. Approximate Zobel dismissed my arrange and, in his written ruling, threatened Greg that "if he ever presented evidence like that once again he would suffer professional sanctions."
Recommendations of the probation officer
Elevation
The court's Probation Officeholder usually listens to the woman and doesn't even cheque with the human being/begetter. His recommendation is sent to the judge without the man/father being aware of its existence. For example, men with shared parenting have lost custody and been forced to brand child support payments even though their divorce understanding was based on shared parenting without whatever kid support. How does this happen? The judge doesn't look at the divorce agreement and problems the ruling based on the Probation Officer's recommendation. When challenged, the judge can defer to the Probation officer's report.
How to fight it
Top
If y'all are faced with a situation where your ex-married woman is trying to gain sole custody and demands child support, write a Memorandum in Opposition to Plaintiff's Motion for Modification of Custody. Demand to know of the existence of a Probation Officer's recommendation or study. Do this on the tape and so that the court is forced to reveal its existence. And then set on the report as unprofessional since you were never interviewed and disclose to the judge that it is based solely on your ex-wife's fraud upon the courtroom. Women are coached to tell the Probation Officer that they take custody and the man is not paying child-back up. If the judge ignores your Memorandum and its logic that your ex-wife lied to the Probation Officer, you have an issue upon which to base an appeal.
Edited court hearing tapes
Top
In farthermost cases, like mine, your hearing tapes may have been edited to remove the presentation of your evidence in the hearing. These edits, along with the removal of your documentary show from your example file, successfully vacuums your evidence from the record. If the appeals court or the Judicial Conduct Committee reviews your example, your evidence supporting your complaint will not exist found.
How to fight it
Top
Have a court reporter present for all your hearings. If you are indigent, request the court pay for the reporter. Record all proceedings yourself.
Secret hearings
Top
My attorney, Greg Hession has discovered that cloak-and-dagger hearings have occurred in several cases in which he was involved. My case has at least three secret hearings in which my chaser and I weren't present, just the opposing attorney (my ex-wife's) did meet with the judge. They so come into your hearing knowing exactly how the outcome volition be.
How to fight it
Peak
Ask the judge and the opposing chaser to put on the record if whatsoever ex-parte hearing or meetings occurred regarding your case. Do this right at the offset of each of your hearings. Watch for "slips of the natural language" in hearings. In my and attorney Hession's cases, the judge or the opposing chaser slipped and referred to an event that had occurred in the surreptitious hearing.
Secret affidavits
Top
Massachusetts General Hospital's Psychiatry and the Law Section was my son'south courtroom -ordered guardian. They illegally charged me $3,000.00 upwardly front end. Massachusetts General Infirmary and the court knew that state law mandates if the court orders the evaluation, then the courtroom must pay. After Massachusetts General Infirmary found my ex-wife, Virginia Jokisch and her politically-connected social worker husband, David Douglas, were abusing my son, Massachusetts General Infirmary reversed themselves and tried to extort money from me under the threat that I would never see my son once more. When I refused they started a entrada of submitting hush-hush affidavits to the court without allowing myself or my attorney access to the affidavits.
How to fight it
Top
Make yourself familiar with:
1. Your case file. Make certain your evidence remains intact. Make certain your file isn't being "padded" with bogus evidence that condemns you lot.
two. Your case docket. Make sure your hearings are all docketed. A common court pull a fast one on is not to docket your hearing until after the entreatment period has lapsed. And so, they docket the hearing and backdate the entry so information technology seems you permit the entreatment period lapse. The docket in my case has had illegal deletions and additions made. This is easy to prove considering I obtained certified copies of my docket as the case was progressing. It has inverse over the years.
three. Your impounded files. These files are located in the Annals'due south Office and are the number ane mechanism for social workers to help your ex-wife poison your instance with judges.
4. Your hearing'due south tapes. Obtain a re-create and check for edits that remove material beneficial to your case. If you lot believe your tapes are edited contact me and I tin can help bear witness it on my Digital Audio Workstation. I take helped five other men bear witness their courtroom hearing tapes have been edited.
These tips are intended to help you discover the criminal activity that is widely practiced in the family court system and used to back up the bias of judges. The first five pages of the December 2000 issue of The Massachusetts News features coverage of the Middlesex Probate & Family Court and how they edited four of my hearings' tapes, manipulated my instance docket and hid "phantom" evaluations generated by associates of my ex-married woman's husband, David Douglas. Mr. Douglas is a politically-connected social worker who founded the batterer's handling heart, Common Purpose, and worked at Emerge, another batterer'south center. Harry Stewart was jailed considering he wouldn't succumb to the extortion threats of Common Purpose.
Hither'southward what Dr. Stephen Baskerville, of Howard Academy wrote in the August/ September consequence of the Cosmic World Report regarding my discoveries:
"Litigants have long claimed that family courts tamper with transcripts and other testify, but were unable to document their claims until Zed McLarnon, a forensic audio-visual proficient, showed photographic testify that hearing records in his example were being doctored. For his complaint, later aired in the Massachusetts News, McLarnon was assessed $20,000 in fees for attorneys he had not hired, and jailed without trial by the same judges who were responsible for the doctored tapes. The court is currently moving to seize his house and car. His attorney claims the court also "removed documents from his example file, falsified the case docket, refused to enter motions and hearings in the public tape, and withheld the public instance file for nine months." (from What God Has Joined Together. Professor Baskerville is one of the nation's foremost authorities on Family Courts and the Constitution.
1. Zed McLarnon has over 20 years experience as a forensic investigator. He can provide help for you to expose edited tapes, dockets, files/impounded files, or any other criminal action. He can be contacted by telephone at (781) 324-1989 or via email at zed@globe.std.com. He uses a Digital Audio Workstation and has corroborated that nine people in four states are victims of criminally edited hearing tapes.
2. This copyrighted article is part of McLarnon's upcoming book "Of the Lawyers, By the Lawyers and For the Lawyers."
References
Paper/magazine manufactures and web sites featuring the kidnapping of Ian McLarnon
Tiptop
Male parent Sues Court Officials in Federal Court for Kidnapping Son: Zed McLarnon Still Trying To Discover Justice in Massachusetts past Ed Oliver, Massachusetts News, June17, 2002.
Full Text of Zed McLarnon 'Complaint' in Federal Court, Massachusetts News,. June 17, 2002.
The Politics of Family unit Destruction by Dr. Stephen Baskerville, Crisis Magazine, Nov 4, 2002.
Appeals Court Helps Men Claiming Restraining Orders, Massachusetts News, July eleven, 2002.
What God Has Joined Together... past Dr. Stephen Baskerville, Catholic World Written report Aug./Sept. 2001.
Biased Courts – Are Family unit Courts Prejudiced Against Fathers? by Dr. Stephen Baskerville, Insight Magazine, June 18, 2001.
SJC Justice Upset with Problems in Probate Court, Merely Tells Father to Mutter to Primary of Probate Court Outset by Ed Oliver, Massachusetts News, February 13, 2001.
Some other Male parent Was Punished for Doing What Judge Langlois Suggested — SJC Dismissed Conform Without Looking at Evidence by Ed Oliver, Massachusetts News, Jan 9, 2001.
Middlesex County Court Charged With Abuse — Who Altered Court Hearing Tapes and Other Records? past Ed Oliver, Massachusetts News, December 2000.
Begetter Proves That Courtroom Tapes Were Altered by Ed Oliver, Massachusetts News, Dec 2000.
It's Possible To Tamper With Tapes In Middlesex Probate Court by Ed Oliver, Massachusetts News, December 2000.
Social Workers Discredit Court's Report; Give Startling Admissions by Ed Oliver, Massachusetts News, December 2000.
Douglas' Company Is Infamous to Fathers by Ed Oliver, Massachusetts News, December 2000.
Land of Massachusetts is Main Impediment to Justice by Gregory A. Hession, Esq., December 2000.
Web sites featuring Zed'due south case
Height
American Family Rights Association, Father Sues Court Officials In Federal Court for Kidnapping Son, (1 of the kickoff Title 42 Sec. 1983 cases), June 20, 2002.
MassOutrage: Outrageous Restraining Guild Cases – Zed McLarnon by Attorney Gregory A. Hession.
Meridian
| EJF Habitation | Join the EJF | Comments? | Get EJF newsletter | EJF Newsletters |
| Courts, Veteran Courts, And Civil Liberties | Contents | Index |
| Chapter one — Our Dysfunctional Courts |
| Next — Teach Your Children by John A. Gabor |
| Dorsum — Is Our Family Court Organisation Causing Blood in the Streets? by Judy Parejko, M.S. |
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Concluding modified 5/9/20
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