From: John Murtari (jmurtari@AKidsRight.org)
Date: Tue Apr 25 2006 - 14:26:40 EDT
Good People & People of Faith,
I hope this will bring people up-to-date with events. The
continuation of my child support contempt proceeding has been assigned
to another Judge, Brian Hedges, and we are scheduled to appear on May
3rd, at 10 AM. Complete details at
http://www.AKidsRight.Org/support_jm.htm (I have included a quick
summary below).
I now have the transcript from our Apr 10th appearance. My attorney
and I have written the Judge regarding his recusal, details on that
follow below. My special thanks (and thanks from Mr. Keller) to the
people that have sent in money to help with my legal defense -- their
names will be included in an upcoming message. I certainly hope it
will help all of us.
As you can imagine, it is stressful preparing for every appearance,
and not knowing if I will even be able to go home. I'm taking a few
days off (Wed PM - Fri AM) to go on retreat to a Benedictine
Monastery, just south of Elmira, New York: http://www.msaviour.org/ --
they are sheep herders and it is a quiet place.
Imagine a couple of days with no TV, no phone, no newspaper, no radio,
no Internet -- it's amazing what you can think about! People of all
Faiths are welcome there. When Domenic is with me in the summer, we
both go down for a couple of days and it's a welcome break. They're a
nice bunch of guys -- although two days of peace & quiet is our limit!
Also -- as I was preparing this message there was some late breaking
news on NY Bill A330 from Greg Fischer, that is also included below.
John Murtari
Voluntary Recusal by Judge David Klim on Apr 10th.
-------------------------------------------------
Here is a brief excerpt of what was said (the whole transcript is at
the site):
---
JUDGE KLIM: I'm going to recuse myself because I cannot be
objective with Mr. Murtari. He has a web site which has numerous,
negative things, about me on his web site. It's been on for
several years, and I -- I don't want to be overly -- I don't want
to react to that, so I'm going to recuse myself based upon his web
site and the numerous comments about me.
MS. WALSH (opposing counsel): Your Honor, if I could be heard on
that matter? It will just go to another Judge, and he'll do it to
another judge.
JUDGE KLIM: But the other judges at this point aren't on his web
site.
MS. WALSH: Correct, your Honor.
JUDGE KLIM: So what's going to happen is after it -- this
proceeding goes and it's confirmed and he's sent to jail by
another Judge, that judge will be on his web site, and then if he
continues, we've got about five or six -- we got a lot of judges.
We have 18. So we can go for a lot of years. But I'm going to
recuse myself for that reason, and this will be back -- this will
go to one of the other judges, and we have plenty of them.
--- My letter, sent attached to attorney's cover (below).
Dear Judge Klim, April 14, 2006
I was concerned after my appearance on Monday, April 10th. You recused
yourself and it sounded like I had launched some type of personal
attack against you at my web site, AKidsRight.Org, over a jail
sentence you gave me in 2000.
I have reviewed the site location where this is mentioned:
http://www.AkidsRight.Org/support_jm.htm -- It does present a
chronology and includes letters written to you. I did not see any
demeaning, insulting or offensive remarks. While I, and other mothers
and fathers in our Family Law reform group, did not agree with your
decision and felt it was not just; I have always tried to keep a
respectful tone and encourage members of the group to do the same.
Could you please clarify the specific items you found offensive? I may
have overlooked something and I will certainly give an apology and
make site changes for any unwarranted comments. I am confident that
nothing has been changed on the page to affect the entries made prior
to April 10th which you might have read. I can also assure you the
material is on numerous archival tapes, and analysis would show no
alterations have been made.
I have no problem with you being the Judge in this matter. I had hoped
to show you I love and support my son, Domenic, and any violation of
the support order was not willful. A keystone of my conduct and the
group AKidsRight.Org is to treat everyone with the dignity, respect,
and compassion, even if opposing views are held. Your remarks cast
this in a negative light and could affect another Judge. I wish to
make the record clear.
If procedure allows, I also hope you will reconsider your actions and
hear this matter.
Sincerely yours,
John Murtari
AKidsRight.Org
--- My Attorney (Mr. Keller's cover letter)
Dear Judge Klim, April 17, 2006
This letter is regarding the above captioned matter. Mr. Murtari has
asked me to convey his surprise at your recusal from the case. My
recollection is that in court, you indicated that Mr. Murtari had a
website that attacked the Court and that there were disparaging
references to you posted there.
Please find attached a letter from Mr. Murtari [above] regarding the
website. He has indicated that if there is something there you feel is
inappropriate or offensive to you, he will consider removing or
changing it. I have had an opportunity to review Mr. Murtari's website
and it appears to be mostly a chronology of events.
I have represented Mr. Murtari on and off for approximately 6 years
now. I am not a member of his group or part of his cause. Although
people can disagree about the merits of his efforts, I have always
found Mr. Murtari to be very respectful and have never known him to
say anything disparaging or inappropriate about anyone involved in
these or other matters I have been involved in as counsel. He is
non-confrontational to a fault I have found.
We hope that if you have concerns regarding postings on the website,
that you will review them and notify Mr. Murtari of any specific
concerns you have.
Please feel free to contact me at your convenience regarding those
concerns.
Sincerely,
Charles A. Keller III., Esq.
Enclosure: 1
cc: Maureen K. Walsh, Esq.
---- MURTARI SUPPORT BACKGROUND SUMMARY
60,000 dollars behind - what about that!? -- Well, it's easier than
you think. Just imagine an initial support level based on twice your
income. Imagine your five year old child then being relocated to the
other coast and being given 'visitation.' Now, add a former spouse
that blocks phone contact. Between airline tickets, accommodations,
rental car & expenses -- each 'visit' is almost $1000.
Include three times a year when your child is home with you, but you
fly with them back & forth -- three sets of tickets, about another
$1000. Pretty soon you are talking real money! But what about your
needy child? Aren't shoes & food more important than plane tickets?
Suppose your former spouse's family are almost millionaires -- your
kid doesn't want for material things, just you.
Lastly, repeatedly file for support modifications, but have them
thrown out of Court because the local 'officials' know you and don't
want to change anything. Be assigned a public defender (Mr. William
Bartholomae) who tells you, "John, just pay the money -- you'll see
your son when he's 18."
I've actually spent about $60,000 in support of my child on much less
actual income -- but it doesn't count at all? For complete details and
legal documents see below. I only know one thing of 'empirical'
evidence to support my decision. My son is 13 now, living on the other
side of the Country with a former spouse who sought to alienate
us. Last week we had a great time together on vacation.
In the last 7 years I have flown out there 4 times a year for visits,
and 2 times a year to pick him up for vacations here. How many of
those could I have traded away -- and not lost our relationship? I did
not want to find out. You?
If the Judge says, "Go to jail." I will just lay down on the floor and
be polite, but passive. I will talk to them, but I won't help in any
way or answer any processing questions. Anywhere they want me, they
can carry me (and probably drop me - ouch!). In my jail time I've
seen how they handle uncooperative prisoners. They limit
communication, use of the phone, and put you by yourself. It doesn't
bother jail officials that much, nor me.
But I will also make them feed me and keep me hydrated. I'm not going
to cooperate by eating or drinking for them -- they can use an IV and
feeding tube. I'm their total responsibility. PLEASE UNDERSTAND this
in no suicide wish or hunger strike. My goal is not to hurt myself,
but to make them expend an uncomfortable amount of effort to keep me
in custody. More at:
http://www.kids-right.org/archive/archive2006/0011.html
The New York C&F Committee Hearing Today (April 25, 2006) on A330
-----------------------------------------------------------------
Submitted by: "Greg Fischer" <perfect100@hotmail.com>
Today the committee voted to hold the bill for revision.
Voting to RELEASE THE BILL:
Michael Benjamin (also a signer)
Ruben Diaz, Jr. (also a signer)
Vincent Ignizio (also a signer)
Karim Camara
VOCAL AGAINST:
Joseph A. Errigo (should have recused, ties to family court)
Adam Bradley (should have recused, practicing family court Attorney)
Carmen E. Arroyo (misinformed as to the facts, studies and statistics)
OTHER PROBLEMS:
Family Court Judges wrote in to lobby (ILLEGAL)
False documents circulating.
Ms. Arroyo verbally abusive to lobbyists attending.
PERSONAL:
I was singled out by the committee and that is highly improper.
Mr. Errigo stated publicly something similar to "Is Mr. Fischer here
........ it is Mr. Fischer's calling legislators that is damaging the
chances for the bill." Mr. Errigo further stated that I was
'threatening' people --- that is not true!
The truth: there is not one lobbyist who ever had the impression that
Mr. Errigo would ever be anything except a vocal dissenter against
A330. Also, I never spoke to Mr. Errigo, I only spoke to his staff.
Mr. Errigo refused all calls. Without this bill New York families of
divorce, where both parents are fit parents, still face additional
harm in the courts by FORCED custody battles that move family assets
away from kids and toward court costs and attorneys. What is true is
that I see this bill as a partial answer to a 'life & death' public
health emergency created by bad law in the family courts of New York;
as such, I have promised to personally help unseat every legislator
who votes against this bill --- that is my right (and my duty) as a
voter, citizen and activist. Further, I have already begun to empower
opposition candidates to those opposed to A330. I will ask others to
similarly exercise their rights of democracy. This is not
'threatening' people and I will not let Mr. Errigo's personal attacks
deflect fron the true issues.
PLEASE STAND BEHIND ME and get more people to join.
Please do it now at http://fathersrights.meetup.com/186
MY RESPONSE IS:
Mr. Errigo, this bill has been debated in various forms for 20 years;
please do not say that I am the reason for its delay --- that would be
a lie. Look at the statistics Mr. Errigo --- 38 States have Shared
Parenting and the studies say it saves lives. Shared Parenting stops
violence. Shared Parenting as proposed is only to help fit parents
have a better chance --- a fast track through the family courts and be
free of unnecessary custody wars. In my opinion, your speaking
against the bill makes you a DRACULA LIKE KID KILLER!
MY RECOMMENDATION:
1.) Help build the group:
http://fathersrights.meetup.com/186
2.) Start to lobby your local legislators.
3.) Go back to lobby the following members of the committee until they sign
on the bill.
. Deborah J. Glick
Albany Fax: (518) 455-4649
Albany Phone: (518) 455-4841
District office Fax: (212) 674-5530
District office Phone: (212) 674-5153
. Amy Paulin
Albany Fax: (518) 455-5409
Albany Phone: (518) 455-5585
District office Fax: (914) 723-2665
District office Phone: (914) 723-1115
. Naomi Rivera
Albany Fax: (518) 455-5596
Albany Phone: (518) 455-5844
District office Fax: (718) 409-0431
District office Phone: (718) 409-0109
. Annette Robinson
Albany Fax: (518) 455-5857
Albany Phone: (518) 455-5474
District office Fax: (718) 399-7690
District office Phone: (718) 399-7630
. Karim Camara
Albany Fax: (518) 455-5768
Albany Phone: (518) 455-5262
District office Fax: (718) 778-3010
District office Phone: (718) 756-1776
. Carl E. Heastie
Albany Fax: (518) 455-5103
Albany Phone :(518) 455-4800
District office Fax: (718) 654-5836
District office Phone: (718) 654-6539
. Teresa R. Sayward
Albany Fax: (518) 455-5710
Albany Phone: (518) 455-5565
Elizabethtown:
District office Fax: (518) 792-5584
District office Phone: (518) 792-4546
Glens Falls:
District office Fax: (518) 873-3804
District office Phone: (518) 873-3803
. Michele R. Titus
Albany Fax: (518) 455-3892
Albany Phone: (518) 455-5668
District office Fax: (718) 327-1878
District office Phone: (718) 327-1845
�Carmen E. Arroyo
Albany Fax: (518) 455-4681
Albany Phone: (518) 455-5402,
District office Fax: (718) 993-6021
District office Phone: (718) 292-2901
�Adam Bradley
Albany Fax: (518) 455-5041
Albany Phone: (518) 455-5397,
District office Fax: (914) 686-0046
District office Phone: (914) 686-7335
�Joseph A. Errigo
Albany Fax: (518) 455-5918
Albany Phone: (518) 455-5662,
District office Fax: (585) 334-5437
District office Phone: (585) 334-5210
�Barbara M. Clark
Albany Fax: (518) 455-3740
Albany Phone: (518) 455-4711
District office Fax: (718) 464-7128
District office Phone: (718) 479-2333
--
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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