Murtari Appeal Results / Request for Good Time / Message Archive
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Date: Thu Oct 26 2000 - 13:23:50 EDT
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Good People,
This message contains information on:
1. Mailing List Archive now Available
2. Results of Murtari Appeal regarding relocation & jury
3. Thanks for your Contributions
4. Murtari asks Judge for "good time."
1. Mailing List Archive now Available
______________________________________
We now have a complete archive of prior mailing list messages going
back over a year. The contents of the list is searched as part of the
site search available from the left menu bar. If you would just like to
browse the list by Subject go to: http://www.AKidsRight.Org/archive.
2. Results of Murtari Appeal regarding relocation & jury
_________________________________________________________
New York State's Appellate Division rejected the arguments John had
made in his appeal. We will be updating the web site with
complete details as the appeal moves forward to New York State's
highest Court, the Court of Appeals. For now we have included the
decision of the Appellate Division below. Go to
http://www.AKidsRight.Org/appeal_nys2.htm for current info.
You can form your own opinion. To read the Appellate briefs,
including a complete trial transcript, go to
http://www.AKidsRight.Org/relocate.htm. We think you will find that:
1) The couple was not acrimonious. John wanted to share an equal
relationship with Domenic with his former spouse, but she did not
value him as a parent. It's unfortunate that the system appears to
reward uncompromising behavior.
2) Credibility was not really an issue. Both spouses gave similar
descriptions of events, but just differed in how they valued the other
parent's importance.
3) The Constitutional issue of jury trial was preserved. This will be
important as the appeal goes forward to New York's highest Court, the
Court of Appeals.
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
(1250) CAF 99-1275. (Onondaga Co.) -- MATTER OF ADRIANNE PHILLIPSON,
PETITIONER-RESPONDENT-RESPONDENT, V
JOHN MURTARI, RESPONDENT-PETITIONER-APPELLANT.
-- Order unanimously affirmed without costs.
Memorandum: Respondent contends that Family Court erred in
denying his cross petition seeking joint custody. We disagree. The
court was "in the best position to evaluate the character and
credibility of the witnesses" (Matter of Paul C. v Tracy C., 209 AD2d
955, 956). The record supports the court's determination that, based
upon the parties' acrimonious relationship and inability to
communicate in a civil manner, a change from sole custody to joint
custody was not warranted (see, Matter of Dube v Dube, 259 AD2d 1041;
see also, Braiman v Braiman, 44 NY2d 584, 589-590) . The court also
properly determined that petitioner's relocation was in the best
interests of the child (see, Matter of Tropea v Tropea, 87 NY2d 727,
741). There is no merit to the contention of respondent that he was
denied due process by the court's denial of his request for a jury
trial. Subject to exceptions not present here (see, Domestic
Relations Law §§ 143, 173) , matrimonial actions and proceedings
incidental thereto are masters of equity for which "there is no right
to a jury trial and thus [they] are not within the constitutional
guarantees of a right to a jury trial" (Mandel v Mandel, 109 Misc 2d
1, 2, citing Reubens v Joel, 13 NY 488, and Powell v Waldron, 89 NY
328). We have examined respondent's remaining contention and conclude
that it is without merit. (Appeal from Order of Onondaga County Family
Court, Bersani, J. -Custody.) PRESENT: PINE, J. P., WISNER, HURLBUTT,
SCUDDER AND BALIO, JJ. (Filed Sept. 29, 2000.)
3. Thanks for your Contributions
_________________________________
Over $300 has been received in donations in support of John Murtari's
recent jail sentence. The response was certainly heart warming to
John. While he personally thanked each contribution, we would also
like to thank everyone who has helped so far. For summary information
on his efforts during the past year, check
http://www.AKidsRight.Org/protest_dm.htm.
To make a donation or to see the contribution list and how
the money is being spent, check http://www.AKidsRight.Org/letters_jm.htm
4. Murtari asks Judge for "good time"
______________________________________
John has been devastated by a six month sentence which cost him a
summer vacation with his son. For background details see
http://www.AKidsRight.Org/support_jm.htm.
John is now awaiting a response from the Judge to his recent letter
asking for standard "good time" which could make his release date
Oct. 28 instead of Dec. 28. The complete text follows:
[As this message was being prepared, John got word the request was
denied. Details at link above.]
**********
5 October 2000
Dear Judge Klim,
I would like to ask you to please remove the "condition" on my
sentence so that I will be eligible for "good time" credit. The staff
here told me that at present I must serve the entire six month
sentence, from June 28 - December 28. There are simply no financial
resources available to me to make the conditional payment of $20,000.
I have encountered other parents here on similar support sentences and
they are all getting credit for good time.
This change would move my release date up to October 28th. It would
allow me to get home to my mother. This is the longest time she has
ever been separated from me in over 20 years (since I left the Air
Force to better care for her). She is not doing well and I think you
received a letter from her physician. It will allow me to make plans
to see Domenic in Colorado for a weekend in November and also make
reservations to bring him here for Christmas vacation -- which would
be very welcome for all of us! The plane tickets that I could not use
with him this summer will expire at the end of December. I continue to
have no phone or written contact with him. It leaves a great
emptiness in my heart.
I will also be able to get back to my business. The last few months
have been very disruptive and have seen a decrease in income and
severe stress for the other two company members who have had to work
longer hours and sacrifice vacation time. We would all benefit from
more income there. Last Saturday I learned that my appeal of Domenic's
relocation to Colorado had been rejected. We are preparing an appeal
to the Court of Appeals. Early release would allow me to better
contribute to that effort.
My primary concern has always been equal custody. The experience of
losing six weeks of family time for my son over "support" has
certainly focused my attention on this issue and a need for
resolution. I will be working hard to get a support modification
which takes into account travel distance to Colorado and that reflects
the realities of my family and work situation.
Best Regards,
SIGNED
John Murtari
CC: Ms. Maureen Walsh, Esq.
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