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Canadian Trek & Habeas Corpus & Possible TV Coverage

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From: Webmaster (webmaster@kids-right.org)
Date: Thu Aug 17 2000 - 12:28:14 EDT


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Good People,

This message contains information on:
1. Family Reform Trek Across Canada
2. Murtari Habeas Corpus Petition
3. Montel Williams and E-Mail Feedback

1. Family Reform Trek Across Canada
______________________________

In an attempt to increase national cooperation for Family Law
Reform in Canada, a "trek" is planned across Canada. David
Shackleton (editor@everyman.org), producer of the popular
Everyman Journal, and Steve Osborne (ozzy_downeast@yahoo.com), an
active advocate for Family Law Reform, are planning a car trip
visiting the various cities of Southern Canada, many quite near
the U.S. border.

Their goal is to meet with as many groups, organizations and
individuals as possible to help form a cohesive national
organization. They will also be holding media events focused on
reform. The effort is scheduled to start around Sept. 2nd in
Ottawa and end Oct. 13th in Victoria, the Canadian West Coast.

For details, please email them or consult their web site at
http://www.everyman.org/. They will be passing close to many
cities in the Northern U.S.--it may be possible for U.S. Groups
to meet them in Canada and you "may" be able to have them address
your group if time permits.

In this age of the Internet, there is still no substitute for
face-to-face meetings. Their "trek" may be a very good idea in
the U.S.

2. Murtari Habeas Corpus Petition
___________________________
 
With some encouragement and advice from Washington, D.C. based
attorney, William Dolan (wdolan@aoc.gov), John Murtari was able
to complete his petition from jail. He sent it to his cousin
(also named John Murtari -- john.murtari@omr.state.ny.us), for
reproduction and delivery to the Federal District Court for
Northern New York, located in Syracuse. You can view the
petition at http://www.kids-right.org/habeas_corpus.htm.
 
In the U.S. Court System, a prisoner in State Custody may submit
a petition to a U.S. Federal Court for "release" if they feel
their Constitutional Rights were violated. A key condition is
that the prisoner must exhaust all "state remedies" before
bothering the Federal Court. This normally means either
appealing the case to the State's highest Court, or having a very
good reason why that wasn't done.
 
John's custody and support arrangement was set by a State Supreme
Court Divorce Judgement. John did appeal that decision all the
way to the State's highest Court. In New York, like most other
states, custody & support orders cannot be changed by other
Courts absent a "change in circumstance." The petition attempts
to show that his imprisonment is a direct consequence of the
conditions set forth for custody and support in the original
order.
 
It is a long shot. The first "hurdle" will be to just get it
past the clerk and assigned a case number.
 
3. Montel Williams and E-Mail Feedback ________________________________

>From Mary Chancellor:
 
I again want to thank everyone for the e-mails showing support on
John's behalf as well as the e-mails addressing personal issues.
If you have not received a response from your e-mail, I'm working
on it!!
 
EXCITEMENT!!!! We have been contacted by the Montel William's TV
Talk Show concerning Child Support issues. They want the
opportunity to talk to John; we are working on getting an
interview from jail (keep your fingers crossed). The topic will
be Dead-beat Mom's and Dad's and relating issues. If you are
interested in more details or feel you have a story to tell
please e-mail me at contact@kids-right.org. The show will air Aug
29 so you must contact me today! It would help if you would give
me your phone number and a time to call you. My hat is off to
John. Even in jail he is still giving it his all....I wonder what
I would do if I were in the same situation???
 
COMMON THREAD As I read all the different issues that are sent
via e-mail it is profound to see the common thread that runs
through out; "Why can't I get someone to listen to me?" or "I
have done everything I know to do, what can I do now, please
help!" and "I don't have any more money to fight the 'system'!!".
The most important thing at any given time in any case is to KNOW
and UNDERSTAND the last court filing and what your legal rights
are. Example: You should always have a copy of your divorce
papers and the Judge's ruling. That is the final say unless a
petition has been filed in the court system to change the
ruling. If a petition has been filed then you should have a copy
of that petition and know if a court date has been set or if the
case has already been heard, you should have a copy of the
Judge's ruling concerning that petition. Your attorney should
provide you with this information and if you do not have an
attorney you have the right to go to the courthouse and get a
copy. The first basic step is to know your rights based on the
Judges ruling. So many times we get things so mixed up due to
all the filings, petitions, petition to petition, etc. that we
forget what the real issue is...I suggest you write down the
'real' issue, in terms you understand so when things do get off
track you can refer back to this paper and get back on track.
 
My many years of experience in dealing with my former husband and
the legal system has taught me to save my energy for the "real"
issue. So many times it is the "garbage" issues that get you off
balance and use up your positive energy, leaving you with NO
energy. Trust me I know!!! All this wonderful information can
still leave you feeling hopeless and as though no one cares. The
difference is that when you finally do find someone that will
listen, you know what your real issue is.
 
Good Luck to each person that can use this bit of insight! God
Bless John and Give Him Peace, God Bless Each of You and Give You
Hope!
 
Mary

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