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Trial in Canada / The Power of the System / Murtari Update
From: Webmaster (webmaster@kids-right.org)
This is a message from a mailing list, members@kids-right.org Unsubscribe instructions at bottom of message. ====================================================================== Good People & People of Faith: This message contains information on: 1. Upcoming trial in Canada - Steve Osborne 2. The Power of the System - Kay Henson 3. Murtari update - petitioning Senator Hillary R. Clinton 1. Upcoming trial in Canada - Steve Osborne ------------------------------------------- Submitted by Steve Osborne (steve@nobiglies.org), http://www.nobiglies.org/ Its been busy here the last couple of weeks. The time that I should have been spending preparing for trial has been usurped by another 2 court actions launched in mid December. 6 of the parties I have subpoenaed to give evidence at my trial have raised applications in court to quash their invitations: 1/ The Honourable Martin Cauchon, Minister of Justice and Attorney General of Canada. I haven't asked for Mr. Cauchon's personal appearance, I just want some records from his department. Records of complaints against the 2 family court judges here and from a conference in 1991 that I'm told the judge in my case attended and may even have been a presenter at - "The National Symposium of Women, the Law, and the Administration of Justice." Being the Minister, Mr. Cauchon is protected by what's called "parliamentary privilege" and therefore he can't be forced to appear. 2/ The Right Honourable Beverly McLachlin, Chief Justice of Canada and Chair of the Board of the National Judicial Institute. I haven't asked for the Chief Justice's personal appearance either, but I am more than a little interested in the training materials the NJI is using in the realms of family law, custody and access, domestic violence and gender sensitivity. The gentleman that responded on her behalf, Mr. George Thomson, has admitted in his affidavit that they do what he calls "skills training" and "social context training" up there behind closed doors, so the reasons that family court judges don't think - and rule - the way the rest of the world does is likely rooted right there. When judges are taken aside and given training that is kept secret from the society/community they are supposed to be serving the whole of the administration of justice is in deep trouble, and that's why they want to keep this stuff under wraps. 3/ Jeannie Thomas, Executive Director of the Canadian Judicial Council The CJC is the body that governs the conduct of federally appointed judges. Complaints go there for resolution. I haven't asked for her to come down personally, anyone can bring the records of complaints against the judges in question here, and I want the stats on complaints against judges related to family matters. I wrote these people way back when I first learned it was all right to lie in court so long as it wasn't a big lie, and they wrote back telling me that they couldn't act unless a judge acted in a manner incompatible with the "due execution of the office of judge", which the big lie thing did not qualify as. I can't imagine anything that could be less compatible with the due execution of the office of judge myself. 4/ Mr. Justice David Smith, Chief Justice of the Court of Queen's Bench of New Brunswick. Mr. Justice Smith is credited with some comments in the paperwork disclosure has generated, and has been the recipient of letters from the judge that heard my family matter for some 3 years, all trying to have me stopped, removed or somehow silenced from raising the questions I have raised in front of the court here. I have already conceded that his appearance will not be necessary, I'll get the info directly from the horse's mouth so to speak, the guy who's been writing all those letters to him. Mr. Smith's application to quash was filed even before he had been served his subpoena. An interesting turn of events, launching an action prior to having the papers to launch the action against....... 5/ Mr. Justice R. James Williams. Mr. Justice Williams is a family court judge in Nova Scotia who published an article on the topic of judicial notice and the courts' acquisition of social science, otherwise know as "social context training". Half of my defense of justification is the public interest involved in my work, so when we find out why Mr. Justice Williams published his mastoral thesis in #14 Canadian Family Law Quarterly that branch is covered. 6/ Mr. Justice Weldon Graser Mr. Graser is the other family court judge involved in my family law case. Once it has been established for the jury who he is, what he does and where he does it I have only one simple question for him: is it all right to lie in your court too? I don't even care what his answer is, a yes is good for my case and a no is good for my case. Mr. Graser also raised his application before he had been served his subpoena. The applications were filed and served on me less than 36 hours before the first appearance was made in the matter, so I was able to successfully argue for an adjournment to give me time to respond to the whole thing. The judge hearing the trail had to come down from the northern end of the province, a 4 hour + trip, and he'll be back to hear the arguments on December 30th. That will establish which of the parties will have to give evidence. Its ironic that the most powerful and influential people in Canada's legal system - people with unlimited budgets from public funds - are all looking for a way out of testifying, while some fine people that have agreed to come give evidence supporting my position are begging and borrowing to find their way here. The people with the biggest stake are bailing out, like rats off a sinking ship, rather than lining up to defend a brother judge and their so called "social context training." If there wasn't something wrong with what they're doing one would think they'd be lined up to get here, proud of their work and accomplishments. This may turn out to be the most telling development of all when its said and done. The trial is still scheduled to go ahead on January 6th. Legal Aid has not yet responded to my requests for funding to bring in my witnesses. I am not surprised, what with me self defending and all. I am not going to have the experts I had hoped to be able to bring in it looks like, and that will be a distinct disadvantage for my case, one that might be pivotal, but what can't be cured must be endured and I'll find a way to work around the problem. Legal Aid hasn't even refunded the monies I have spent on service of process and such like, disbursements any attorney would have to make in any case on behalf of a client. Its not a large amount, only about $350, but when one considers my income is $363 monthly things look a bit different-no Christmas here this year. I spent Christmas day in front of the court here again, year number 4 for me. I'd like to thank the people that responded to the messages on this list. A nice lady out west sent me a cheque for $100, which allowed me to arrange for more service that would have had to be forgotten without her donation, and there's been some mail as well. Without the support of people like these ones I'd have been finished long ago, and I want to make sure their contributions are acknowledged-much appreciated. I haven't been able to keep up with most of the contacts, its been more than a little hectic here, but I'll try to do better once things calm down, unless I'm on a state enforced / sponsored rest for a while that is! Damn those torpedoes. Steve O 2. The Power of the System - Kay Henson --------------------------------------- Submitted by Suzanne Shell (dsshell@ix.netcom.com) For Immediate Release Dec. 28, 2002 Family & Youth Institute After reviewing all evidence in her probation revocation hearing, the Administrative Law Judge (ALJ) has ruled in favor of Kay Henson and refused to revoke her probation as demanded by Walworth County Probation Officers Eileen Haffey and Catherine Kozminski. Kay is the Walworth County, Wisconsin pastor's wife who pled no contest to simple battery for spanking her disobedient 10 year-old son on the bare bottom with her left hand. She was placed on eighteen months probation with a recommendation that probation be terminated after six months of no violations. There were no violations during this period of time. After Kay was invited to appear on a Warner Brothers talk show to reveal government abuses associated with her criminal and civil cases that arose out of the spanking, Walworth County probation began to seek reasons to revoke her probation. Kay was jailed three times while she was investigated for probation violations. She has been in jail for more that three months awaiting her probation revocation hearing. "This is nothing more than the state exerting legal force to control adult political behavior through the removal of children or through incarceration on trumped-up charges," said Suzanne Shell, Director of the American Family Advocacy Center. Shell believed the children were at risk of unnecessary removal and advised Kay's husband, Slade, to go into hiding with them. When the state was unable to seize the children, who have remained safe and well-cared for with their father, agents began to escalate their efforts against Kay by denying her access to a law library and legal materials; by blocking her calls to her advocates, attorney and other supporters; by denying her needed medical attention; and by attempting to coerce her into revoking herself. Additionally, her revocation hearing was delayed four times. The basis of this revocation hearing was a video tape of her children playing in the neighborhood, filmed by neighbor Marcia Koehler. Ms. Koehler has been described in the court's order as having purchased her video camera for the sole purpose of video taping the Henson children and commenting "there you are, you stinker" when Aliyah appeared in view of her camera. Ms. Koehler filmed the Henson children from behind bushes. Supporters of the Henson family suggest that Ms. Koehler was engaged by Walworth County Probation officers to 'catch' Kay 'neglecting' her children. "Walworth County has demonstrated a pattern of abuse and harassment, under the color of law, against this mother and her children," said John Welker, Executive Director of the Family & Youth Institute, who has been assisting Kay and her attorney on this case. "They have held her on trumped-up allegations because she has been outspoken in her criticism of the abuses she and her family have endured by Walworth County employees and because she has refused to buckle under their threats and intimidation." The Family & Youth Institute, whose national headquarters is in Shakopee, Minnesota, was instrumental in obtaining competent legal representation for Kay's revocation hearing. Jack Hoag, Kay's attorney, commented that 95% of these hearings result in revocation of probation. The ALJ refused public or media access to the hearing, which was held in the Walworth County Jail in Elkhorn. Kay remains in jail and there is no word on when she will be released. It is unlikely that she will be released until the Department of Corrections has exhausted their appeals, if they choose to pursue an appeal. If Kay is released, she will remain on probation until February. The entire chronology on Kay's case is available at http://www.familyrightsassociation.com/members/wisconsin/henson.html For further information, contact the Family & Youth Institute at 952-445-2590 or at http://www.fyionline.org The mission of the Family and Youth Institute, FYI, is to provide educational and other resources to family members who feel that their constitutional and/or civil rights are being, or have been, violated by governmental authorities during domestic dissolutions where child sexual abuse has been alleged and/or during child protection interventions. 3. Murtari update - arrested again. ---------------------------------- John returned to the Syracuse Federal Building again today in a continuing effort to petition Senator Hillary Clinton regarding Family Law reform. There are background and details at the site, http://www.AKidsRight.Org/actionc_syr John was arrested and charged with loitering and trespass. He was taken into custody by Syracuse City Police and should be arraigned tomorrow in Syracuse City Court. There may be additional Federal charges filed for violating a Judge's order on Thursday. The group PR person, Mary Jo Marceau-Hawthorne, was the only other person present when John entered the building. She paid a visit to Senator Schumer's office. ================================================================== To unsubscribe from this list at anytime, send email to Majordomo@kids-right.org with the following 1 line in the BODY of the message (Subject is ignored). unsubscribe members
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