John Murtari Update
From: Webmaster (webmaster@kids-right.org)
Date: Wed Sep 13 2000 - 14:43:37 EDT
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Good People,
This message contains several important items regarding John Murtari and his
actions for reform:
1. Not Intentionally Withholding Support
2. Financial Contributors Needed
3. Legal Update - Appeal and Habeas Corpus
4. Message from Mary (Public Relations Person)
1. Not Intentionally Withholding Support
---------------------------------------
The group does not recommend withholding "support" from your
children as part of the Non-Violent Action. Obviously it does
not meet the requirements of risking personal sacrifice to call
attention to your cause.
John Murtari has gotten some messages that express confusion
about his recent jail sentence. The site does have the complete
story of his case. (http://AKidsRight.Org/support_jm.htm),
Here is a brief summary of the case:
"Withholding support has never been part of my protest actions.
The focus has always been on equal physical and legal custody for
parents. When Domenic was living here I was paying $60/week, at
state guidelines based on my actual income. The problem was a
support level set at $120/week based on "imputed" income.
The Judge stated, "I should abandon my business (which was
showing good growth), and take a regular job". I was not willing
to do that. The reason I was not willing to abandon my business
was that I choose to start my own business to afford me flexible
hours, flexible time for Dom. The Judge also commanded me to
stop the volunteer work I was involved in at a homeless shelter
so I could work more. Dom used to help me "make sandwiches for
the poor people." He saw how important it was by my actions, not
words. Can you imagine a single person (the Judge) having that
much power over your life?
"... The Defendant has voluntarily chosen to decrease his income
... to spend more time during the day with Domenic ... business
income is unable to support his family obligations ... The time
spent on volunteer work, no matter how commendable, could be
better used producing income ... The defendant needs to adjust
his priorities to adequately provide for his family."
At that time I had Dom Thursday - Monday, every other weekend.
He was four and the business gave me the flexibility to spend all
these days with him -- I never left him with a sitter. He had a
"busy" schedule with Mom and came to enjoy & cherish our quieter
time together. I still averaged more than 40 hr/week, working
morning and evenings when Dom was asleep and weekends when
he wasnot with me. I made a petition to the court system to modify
the support level, but it was denied. I started falling behind."
In 1999 Dom was relocated to California after my former wife
gained permission through the court system. (A different Judge
than the original). No adjustments were made to my support level
so that I could see him. I saw myself cut off as a parent. I
was never able to reach Dom on the phone (always got the
answering machine) -- Every week I leave a message on the
answering machine, I write Dom once a week, send him gifts for
the holidays -- but I have received only one letter from him in
almost 2 years. If I did not travel to see Dom, there would be
NO contact. NO chance to provide hands on "parental" support.
I made the conscientious decision to start my Non-Violent Actions
in 1999. My goal was to restore the relationship between Dom and
me. My income dropped... I was getting farther behind on the
court ordered child support payment, however I was spending more
money on Dom. About $4000 in just travel expenses to see him for the
summer and three other visits (all the way to California for just
a weekend). I used my money to provide him direct "parental and
emotional" support.
Relocation was not an option. I am an only child and have an 84
year old mother who also needs my help. In practical terms my
former spouse comes from a wealthy family and has the means to
provide Dom's "material" needs. Dom has never gone "without"
the material things in life ... if I did not choose to visit
him, he would go "without" the emotional support I provided as
his father.
If I had ever felt Dom was in physical need, I would have
abandoned my mother and moved out there.
I have always been very honest with the Court about my
intentions. I have offered the courts proof of how the money is
spent -- but it didn't matter. (See my many letters on the
support page above).
So that's why I'm here now. Child support has become identified
only with payments made to a support collection system and
counted by computers. Why? Frankly, not because its a good
measure of the money spent by a parent in providing material and
emotional support to their child -- but because it makes it very
easy to collect and measure. Can a system of computers ever
count love?
If I could have spent the time with Dom and paid the money, I
would have done it -- but the system didn't really care about
that option. When the court system supported the relocation of
Dom, they chose not to address the issue of "on-hands" emotional
support for Dom from me. They left me with the very difficult
decision ... Do I provide Dom financial support OR Do I provide
Dom with "hands-on" emotional support??? I knew this would be a
"life-changing" decision. For me there was only ONE choice. The
very week Dom was to come to visit me for my court appointed "six
weeks" the Judge decided I should pay for my decision...JAIL for
SIX MONTHS!!! What a coincidence... or was it???
2. Financial Contributions Needed
---------------------------------
His long jail sentence is putting John into a difficult financial
situation. He has reduced his expenses as much as possible, but
he still has a car insurance payment and the minimum payment on
two credit cards (about $125/month total). His jail account has
about $5 left in it. He spends from $5-$10/week on pens, stamps,
envelopes, stationary & personal hygiene items. He still has
several hundred dollars in emergency cash -- but he would really
like to keep that for his release. He wants to make a trip to
see his son.
We are going to try our first fund raising effort. Direct
participation in Non-Violent Action can be something only a few
people are suited for by temperament and circumstance, but they
do not have to bare the entire burden.
We think the Internet will allow us to coordinate such an effort.
Fundraising needs to be conducted carefully. For instructions on
how to make a donation, please check
http://www.AKidsRight.org/letters_jm.htm . As
contributions are made we will post individual information at the
site.
John will also send us information on how the money is spent. In
the future we may use a neutral auditor to both receive and
disburse funds.
>From John :
"Please understand the anxiety I feel over this. I have never
had to ask anyone for money in my life. This will help me learn
my dependency on others, something that does not come easy for
me. I am humbled by the support and actions of those who rally
care for me. I have gained a new appreciation for the phrase "we
support you and believe in you"!
Some of you may feel I don't deserve the help. I can appreciate
and understand your position. I made my decisions based on the
"truth" as I perceived it. Though you may question some of my
actions please know I try to keep my heart in the right place! I
welcome your support and help. Thanks."
3. Legal Update - Appeal and Habeas Corpus
------------------------------------------
There is both good news & bad news. The U.S. District
Court denied, without prejudice, John's request for Habeas Corpus
relief. It had been a long shot. The reason was "failure to
exhaust all state remedies" before asking the Federal Court for
relief.
Jim Stern, the attorney who as represented John in the relocation
battle regarding his son, stopped by the jail on Thursday after
arguing his appeal of the decision. The initial impression was
very good. The Judges (a five judge panel in NY) appeared
sympathetic and where attentive to his arguments. It can still
go either way. A written decision is expected in the next month.
For details see http://www.AKidsRight.org/relocate.htm.
4. A message from Mary (Public Relations Person)
_________________________________________________
When John contacted me concerning the issue of financial support
I have to admit that my first reaction was that of a negative
nature. After all, good responsible people did not publicly ask
for financial support...that is a private issue! Wow...does that
sound shallow and judgmental!!! The truth is I know there are
many people who have e-mailed asking how they could possibly help
John and our cause. Short of telling them to send a card of
support there was really nothing we could personally do...now is
the chance to help. Asking for financial help should be viewed no
differently than asking for any type of support...you should
examine your heart and follow your instincts.
All support is appreciated and brings us to a higher level of
gratitude.
We honor all your actions.
God Bless You and Give You "Support".
Mary
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