From: John Murtari (jmurtari@AKidsRight.org)
Date: Wed Sep 27 2006 - 17:26:47 EDT
--text follows this line--
Good People & People of Faith,
This message contains info on:
1. Help with Murtari early release - write letter!
2. Your FEEDBACK -- Civil Rights of Parents
1. Help with Murtari early release - write letter!
--------------------------------------------------
After the denial of a stay at the Appellate level, John's attorney
will be filing a motion for sentence reduction with Judge Hedges.
This is the judge that originally sentenced John to jail for six
months. Full details at: http://www.AKidsRight.Org/support_jm.htm.
The motion will be argued in Court and John will be present and able
to address the Court. The appearance could be as early as next
Wednesday, Oct. 4th. John's 50th birthday is Oct. 2nd. While John is
ready to continue avoiding solid food and be fed via feeding tube till
December -- he would like his freedom, to get back to work, and most
of all to see his son again. He asks that we write a brief personal
letter to Judge Hedges asking for his immediate release.
Please be polite and respectful. Talk about the love you have for
your kids and the love John has for his son. Talk about a system that
can't help but fail when it does not recognize our Civil Right to be
presumed FIT & EQUAL parents to our children. Further jail time
accomplishes nothing.
John wrote a short two page affidavit to support the motion (complete
text below). It may give you some ideas. In New York State prisoners
get a 1/3 reduction in sentence for good behavior. John started this
sentence on July 31st and should be released on Dec 1st. By the end
of September he will have served half the actual jail time.
Please write in the next couple of days. We would like everything to
reach the judge's office by Monday, Oct. 2nd so there there is time
for him to review them. Depending on where you live, letters should
be mailed no later than Thursday/Friday of this week.
The Judge contact info is:
Judge Bryan Hedges
Onondaga County Family Court
401 Montgomery St.
Syracuse, NY 13202
John welcomes you sending him a copy of your letter, your story with
your kids, and your thoughts on the Civil Rights of parents. His
contact info is:
John Murtari, POD 5A-7
Inmate Correspondence
555 S. State Street
Syracuse, NY 13202-2104
The jail does allow you to enclose stamps in incoming mail. John
replies to all mail and the stamps are a big help. Any contributions
to John's legal defense are welcome. For details, see:
http://www.AKidsRight.Org/donate_jm.htm.
Affidavit to support Release
-------------------------------
Below is the text of John's affidavit. One prerequisite for a
reduction in sentence is a change in circumstance. This is why the
first few paragraphs explain the situation at John's office.
Phillipson v. Murtari
I am the respondent in the above action and make this statement in
support of my motion.
1. At the start of September my business had the unexpected loss of an
employee. While in jail I can't conduct interviews to fill the
position. This leaves only one employee.
2. The business does web site hosting and is a 24 hour operation.
Someone is always on-call in case of a computer problem and there are
customer service calls to answer during the day. It is more than one
person can handle on a long term basis.
3. This jail sentence places the business at risk. Given my Civil
Rights actions and maximizing my time with my son, Domenic, it
provides reliable income and a great potential for future growth. It
can be a future asset for Domenic.
4. This Spring I developed a database product we could sell to a wide
market. I had two large computer magazines interested in running an
article I had written which would have provided great free
advertising. Development plans were suspended due to jail.
5. The report by Wayne County Probation found a good home environment.
The officer visited while Domenic was with me for the summer. He
interviewed Domenic. He said there was a good relationship between
father and son and that Dom wanted to spend more time with me. The
report recommended a short period of incarceration - I received the
maximum sentence.
6. I am not a deadbeat. I love my child very much and do everything I
can for him. I have spent more than the support order required on
about half the imputed income. Please reference and include in this
statement my Affidavit submitted as part of my support hearing, dated
Jan. 13, 2006, and my letter to Judge Hedges, dated July 28, 2006.
Support chronology at: http://www.AKidsRight.Org/support_jm.htm.
7. I am not withholding money from my former spouse as part of a
protest or out of spite. There are no hidden assets. I underwent a
complete financial deposition at the US Attorney's office last year as
part of an unpaid Federal fine. They confirmed this.
8. Since my son was relocated I have tried on numerous occasions to
adjust the support order via Support Magistrate Davies and directly
with my former spouse. All efforts have been rebuffed.
9. I have served almost two months in jail. I have made it hard time
by not eating/drinking and having a feeding tube inserted. This has
been painful, uncomfortable, and expensive.
10. I acted in good conscience and should not be with criminals. I
have not acted in a selfish manner and have always tried to do what is
best for my son. I was placed in a Catch-22 situation by a system
which refused to recognize my value as a parent.
11. I believe the judicial process is fatally flawed when it fails to
recognize the Civil Right of parents to be presumed fit & equal in
raising their own children.
12. Probation is no option. Accepting it would be an admission of bad
conduct if I voluntarily accepted it as alternate punishment. I could
never comply with terms since I am forced to drive to work with a
license suspended by Ms. Davies.
13. Some make an argument that to reduce my sentence would encourage
future hunger-strikers. I did not refuse to eat to reduce my jail
sentence. I refused food to protest an unjust support proceeding and
to affirm my belief that my Civil Rights as a parent were ignored.
Like movements of the past, the problem is not hunger-strikers or
freedom-riders (who sat in the front of the bus). The problem is an
unjust system.
14. I am already being punished for not being able to comply with the
order. I have numerous judgements against me and have been
financially devastated. I live in a $36,000 home that belonged to my
parents and drive a 1988 Dodge Caravan with over 260,000 miles. I
turn 50 next month with nothing in the bank and over $6,000 in credit
card debt.
15. Most importantly, I would like to restore normal contact with my
son who is 13 years old and knows what is happening. God willing, I
hope to travel to see him next month. I need to pick up Dom's pet
bunny, Taro, from foster care.
2. Your FEEDBACK -- Civil Rights of Parents
---------------------------------------------
--- Roger Baril
> I have a 4 1/4 year old daughter. I am 48 years old. She is my only
> child. The courts took her away from me in a case that was a real
> eye opener to how the system works. It is not about truth. I have a
> second trial coming up on Sept 27th. I will be giving this one last
> try for my daughter Lyla. She currently has 10% time with me while
> we are 2 miles from her mother. I have no say in any decisions. I
> am asking for equal time by the time lyla is 6 years old. I am
> asking for equal say through the bridge support of a parenting
> coordinator. I have no criminal record. I am a good father and a
> devoted dad. Lyla loves me very much. as I do her. Please make a
> prayer for lyla's chance to have her dad. I have the deepest
> respect for John Murtari. I hope his story gets on national
> attention. It is profound. God bless you John. and your son. May
> you survive and recover well from your endeavors. Your essay is
> intelligent and most of all just plain RIGHT. This issue is
> paramount and it is time it come up in the political areana. Kids
> need dads, not visitors.
--- Deborah Planet Case FL <DLP4010@aol.com>
> My heart goes out to John, and wish so many other people in power
> would even notice that this is going on all over the country. We
> even had two attorneys admit that there is a club with the presiding
> Judge of Marin County California and money not the law is the only
> thing that exists.
> After 11 years, I am now to see my son 6 hours a year, with my ex to
> pick the supervisor and I must fly to Hawaii and pay expenses. My ex
> admitted he paid over $1,000,000.00 in a letter to the court.
--- Virginia McCullough <vmccullough@comcast.net>
> http://www.newsmakingnews.com/
> MARIN COUNTY COURTHOUSE SITE OF FAMILY LAW COURT DEMONSTRATION
> by Virginia McCullough
> A small group of determined men and women armed with signs and
> flyers gathered at the entrance to the Marin County Courthouse to
> protest the continuing injustices of the Family Law Courts on
> Wednesday, September 28, 2005.
> Billed as a kickoff of the "Domestic Violence Awareness Month of
> October", similar gatherings took place across the United States.
> While the courthouses varied from historical to modern to the Marin
> County courthouse designed by Frank Lloyd Wright, complaints about
> The Family Law Industry were almost identical city to city and state
> to state. The Marin County Superior Court in San Rafael, California
> is an excellent example of the high cost, quid pro quo cronyism,
> falsified and missing paperwork, emotional devastation and
> obstruction of justice that typifies the Family Law Courts across
> this nation.
> Most citizens are blissfully unaware that their taxes pay a high
> price for this corrupt billion dollar a year industry that forever
> destroys the lives of parents and grandparents and continually
> places children in harm's way.
> Decades ago parents would separate, divorce, divide property and
> decide themselves upon how best to raise their children. The
> divorced parents would usually appear in court to briefly testify in
> an initial petition for divorce and then later pick up their final
> decree. The parents would assume the responsibility for determining
> what would be in the best interest of their children by arranging
> between themselves where and with whom the children would continue
> to live. Only when there could be no agreement reached by the two
> adults in the family would the parents resort to a court to resolve
> family issues. If child support was agreed upon or ordered that
> support was paid to the custodial parent directly by the
> non-custodial parent. When the government decided to oversee child
> support payments and impose draconian penalties for the non-payment
> of such support, a cottage industry was created consisting of
> qualified and unqualified people who flocked to the Family Law
> Courts to fill the bureaucratic positions that just kept
> multiplying.
> That cottage industry is now a multi-billion industry living off of
> the tragedy of broken families and damaged children. Currently the
> job titles working under the Family Law Courts could fill an entire
> chapter in a book. There are visitation supervisors, marriage and
> family counselors, sociologists, child protective services
> employees, social workers, psychologists, psychiatrists, mediators,
> special masters, public defenders, prosecutors, juvenile officers,
> probation officers, sheriff deputies, commissioners, judges pro tem,
> visiting judges, dependency court judges, family law judges and
> supporting employees such as executive officers of the courts and
> their staff who in turn employ computer technicians and consultants.
> These people are extremely well paid by comparative standards in
> private industry.
> While taxpayers foot the majority of the cost, parents and children
> who appear before the Family Law Courts are also charged horrendous
> fees for the "use" of the Family Law Courts and the long list of
> "expert" employees. Individual judges maintain a relatively short
> list of favorite "experts" that they depend upon to make their jobs
> and their decisions easier. The parents and the children appearing
> before the black robed ones are delegated to an observer's position
> as their future is determined by these "experts".
> The Family Law Courts are an incestuous community that promotes and
> rewards cronyism. Longtime Family Law Judge Michael Buck Dufficy is
> the perfect model for a man of such power and arrogance that he can
> destroy families and never look back or apologize for his
> actions. Dufficy, appointed to the Marin County Court in 1990, soon
> generated complaints about his conduct on the bench. In 1997 the
> Marin County Grand Jury voted 19-0 to investigate Superior County
> Judge Dufficy. The Marin County Counsel effectively shut down that
> investigation by telling the Grand Jury members that they had no
> right to investigate court matters.
> On February 28, 2000 the privately funded Karen Winner Report called
> for the immediate suspension of both Judge Michael Dufficy and
> Family Law Commissioner Sylvia Shapiro who had also been repeatedly
> criticized by those appearing before her for her obvious bias and
> her intemperate behavior. During these same critical years there
> were rumors of an on-again, off-again FBI investigation. The Winner
> Report urged the continuation of the federal investigations into the
> Family Law Courts in Marin County.
> On May 26, 2000 Judge Dufficy faced a recall drive to remove him and
> Judge Lynn Duryee and Judge Terrence Boren from office. He
> responded by issuing a statement that he would immediately stop
> presiding over family law cases. The recall drive failed but
> Dufficy's arrogant cronyism and resulting negative publicity
> continued. Judge Duryee responded to the negative attention of the
> recall effort by writing in one of her columns, "Oh, come on - we
> didn't lie, steal, cheat, or have sex with a White House intern! We
> just decided an emotional case." It is another example of judges who
> just don't get it.
> On October 18, 2000 an article by Matt Isaacs entitled Odor! Odor in
> the Court! quoted Larkspur family law lawyer Kathryn Ballentine
> Shepherd who depicted Dufficy cavorting naked under his robes at
> alcohol-sodden parties with his attorney buddies called FLEAS
> (Family Law Elite Attorneys) who were favored in his courtroom.
> On May 3, 2001 newsmakingnews.com ran an article called Sheep Ranch,
> California: Where the Marin Bar Bellies Up to Judge Michael Buck
> Dufficy's Bar at His Pioneer Hotel. This article detailed the
> history of Judge Dufficy's tenure on the bench and the antics of his
> quid pro quo cronies.
> http://www.newsmakingnews.com/vmsheepranch4,30,01.htm
> The media also revealed that Judge Dufficy received two private
> reprimands from the Judicial Council of California for his
> misconduct on the bench.
> While Judge Dufficy's activities might appear radical to many, it is
> a sad commentary that he was re-elected after all of these
> revelations. It is also a sad commentary that his actions are
> typical of many Family Law judges across the nation.
> The people in charge of maintaining an accurate and honest filing
> system to support the Family Law Judges, attorneys and litigants are
> called the Court Executive Officers.
> Until March 31, 2005 John Montgomery held the Court Executive
> Officer's position in Marin County since 1996, drawing a salary of
> more than $154,000 a year plus benefits. It was Montgomery's job to
> make certain that the litigants' files were up-to-date and well
> maintained.
> In Marin County litigants on the wrong side of the judge's favor
> have long complained that documents and exhibits supporting their
> position were either missing from their files or that falsified
> paperwork they had never seen had been introduced into their files.
> Another common complaint is that files of high-profile litigants
> were withheld from public access because they were usually being
> held in the judge's chambers. One of the mothers demonstrating in
> Wednesday's demonstration, Jonea Rogers (Case No. FL12003), now
> finds herself in that position. She is unable to access her most
> current files in order to properly prepare for her upcoming trial.
> When this reporter attempted to review these files the clerk told me
> that Judge Lynn Duryee had them in her chambers and would not
> release them because she was preparing an order. The clerk was not
> certain when they would be made available.
> Infighting within John Montgomery's office resulted in disclosures
> about Montgomery's private life that clearly spelled out a conflict
> of interest that affected not only his job performance but also
> brought into question the manner in which he handled the Marin
> Court's budget. An employee within Montgomery's office, Kim Turner,
> initiated the investigation into Montgomery's conflict of interest.
> Turner discovered that Montgomery had purchased two houses together
> with a contract employee, Linda Lau, who Montgomery employed on
> contracts for computer consulting for the Marin County court that
> totaled $674,022 over a three-year period. Turner presented the
> matter to presiding Judge Terrence Boren on January 27, 2005 and
> Montgomery resigned with two days notice to the court on March 31,
> 2005. Also in question were Montgomery's travel expenses and the
> distribution of more then $2 million in fine reimbursements
> collected in Marin's jurisdiction that the court is responsible to
> distribute to county and local municipalities.
> In April 2005 the Administrative Office of the Judicial Courts
> issued an 86-page audit report on the Marin County Courts requested
> by Judge Terrence Boren. Kim Turner is the current acting Court
> Executive Officer.
> Protective parents are finding it difficult to understand how, even
> though money is missing and files are inaccurate and withheld,
> individuals like John Montgomery are protected and they and their
> children are sacrificed on the altar of the Family Law Courts.
> The emotional devastation heaped upon parents and children who
> become entangled in the web of intrigue that constitutes this
> playground for lawyers, judges and social workers, will forever
> impact their lives. The Family Law Courts are a money machine that
> continues to operate under the disguise of dealing out justice. The
> Family Law Courts will only change if taxpayers begin to wake up and
> realize that their taxes are paying for this pathetic game and the
> players who enjoy it. What exists at the current time in the
> courthouses across this nation is simply obstruction of justice that
> has absolutely nothing to do with "the best interest of the child."
> So the women like Kelli Hill (Nunez), Valerie Nixon, and Jonea
> Rogers who have been jailed in the defense of their children and who
> were present at the September 28, 2005 demonstration in front of the
> Marin County Courthouse are courageous warriors seeking to change an
> outdated and corrupt system.
--- Don K.
> All in favor of a Federal Family Rights Act which makes joint
> custody and equal parenting time the LAW. No questions asked. This
> should apply IMMEDIATELY to all divorced parents and their children,
> in the USA, and US citizen anywhere in the
> world. www.action4justice.com
> Will Bill 5267 help Fathers who have a current custody
> agreement. Will it enable us to go back to court with this new
> criteria and possibly receive what we should have.
> Please join us in Lansing at the Capitol East site on Wednesday
> September 27 between noon and 2:00 pm for the Equal Parents Week
> Rally and show your support for HB5267. We are going to bring one
> thousand parents and advocates to the Michigan State Capitol at noon
> on Wednesday September 27th as a demonstration of our will to be an
> equal parent to our children. Fliers and printing instructions are
> available here:
> Current Version of Equal Parents Week Flier is 1.1
> http://www.dadspace.org/files/EqualParentsWeek06Flier.pdf
> 8.5" x 11"
> I have a 12 year old boy. I have him every other weekend, every
> other holiday, Every Tuesday (5 hours) and every other Thursday (5
> Hours) and half of the Summer, Spring and Winter break. My boy's
> Mother and his StepDad are trying to move from Michigan to
> Colorado. My current papers say they can not move more than 100 miles
> or out of state without a court order. He has lived in the same
> town for 12 years, his whole family is here from her side and mine,
> his grades are great and he plays 4 sports which I coach. My Lawyer
> is telling me to wait until they send me the papers. Should I listen
> or should I start the process of stopping the move. Has any one been
> in this situation and if so, Any suggestions would help
> P.S My Boy does not want to move at all!!
--- James Williams
> I agree with many of your comments in your email of 7th Sept. The
> problem I think is that many people suffer in silence. When it's
> your kids that are involved, it's a very personal thing and when
> there is suffering on a personal level, it's difficult to people to
> express their views collectively. If we can reach out at the
> personal level to those suffering low morale and depression from
> what they are and have been through, then there may be a chance of
> changing things for the better.
--- Bob J. <bob_lynn_j@yahoo.com>
> My heart goes out to John Murtari and if there's anything I can do
> to help, please contact me at bob_lynn_j@yahoo.com
> You may want to review proposed legislation on the
> LIFE, http://www.life-vs-cps.com/ (Liberty Independence & Family
> Equality) website called The Family Preservation Act of
> 2006: http://www.life-vs-cps.com/index_files/Page313.htm, which was
> orginally entitled The Family Rights Act of 2006. There is also the
> supporting proposed legislation called the Family Advocate
> Act: http://www.life-vs-cps.com/index_files/Page317.htm. The Family
> Preservation Act was renamed because there is no such thing as group
> rights, only individual rights. You may want to take that into
> consideration. Please note that although the proposed legislation
> is customized for the Commonwealth of Pennsylvania, it was designed
> such that many of the key elements could be used in any state.
--- Duke
> Have been thinking a lot about you ... wish I could do more (actually
> I'm doing nothing except talking with people) but my health is so bad
> I barely leave the house except once in awhile come over to my
> mother's, which is how I am able to email you right now, with her
> help, because I am legally blind now and getting worse. You and I
> discussed my daughter while we were both in Cayuga County Jail.
> Well, when she turned 18 I just picked up the phone and called her,
> against everybody's advice because she was taken from me and I
> hadn't seen her in 13 years. She came right to Auburn to see me and
> has been coming ever since. Her life was not a very happy one for
> the past 13 years. All of the therapists and everybody we had to
> talk with and the do nothing family court judge, who thought her
> mama and her new boyfriend were best for my daughter were 110% so
> wrong. It was all a money issue with my daughter as well, how sad
> they put money before the child. The child's best interest is both
> of the natural parents regardless of money but the courts just don't
> seem to care. I am praying everyday that you make a statement but I
> am also worried about your health. Take care of yourself because
> your son needs you, my daughter needed me for the 13 years I didn't
> see here and I didn't have any way of knowing.
Rolando Bini <parentsinaction1@yahoo.com>
> God Bless You. Keep Strong. Keep up the Fight.
> I agree with you, but we have not only a Civil Right, but also a
> Human Right to be Parents. In my opinion Human Rights are Stronger
> because they are Natural Rights given by the Creator to All Human
> Beings, and Civil Rights are given by the State and they are always
> changeable.
> Article 16 says: "The family is the natural and fundamental group
> unit of society and is entitled to protection by society and the
> State".
> I have tried to put as much material on Human Rights as I could find
> at this link
> http://www.parentsinaction.net/english/HumanRights/HumanRights.html
--- Joe
> Hi John,
> I hope this email finds you well, or as well as possible in your
> situation.
> First, I want to thank you. You are doing the right thing the right
> way. Serious commitment, serious problem.
> Second, I think your vision is wonderful, but it doesn't address the
> need for lawyers to make money.
> In the big scheme of things, the money made by the states on block
> grants are peanuts compared to what the divorce industry takes for
> itself. This is the bigger problem, the one that puts up a wall so
> high, the silent power that cements the status quo in place. The
> face of self interest in family court is the lawyer. They are the
> only winners.
> So step one is that we call a spade a spade, the divorce industry
> gets rich on the misfortunes of families, so the misfortunes
> mulitply. Only in the legal industry does more supply create more
> demand, and that is due to the self policing nature of the legal
> industry.
> We need to make sure that the specter of self interest clouding
> their decisions is cast on everyone standing between a child and
> their parents. Selfish greed vs. a child's best interests.
--- Dan Diebolt
> We will have two professional film crews at the Equal Parents Week
> Rally in addition to media outlets. This would be a great
> opportunity get your story told or contribute to one of several
> documentary efforts that are in the works.
> It takes a lot of work to ogranize an event like this and to arrange
> for our speakers, out of town guests and all the planning and
> support that is needed. Don't let the opportunity to attend the
> Equal Parents Week Rally pass you by.
> We are asking everyone to please contact Michigan and National Media
> and inform them about the Equal Parents Week Rally to be held
> Wednesday September 27 at noon at the Michigan State Capital in
> support of HB 5267 (creates presumption of joint custody).
> Below is an opinion piece sent out by a concerned parent and
> registered nurse who sees the benefit of joint custody and will be
> attending the rally.
> Equal Parents Week Rally set Wednesday
> http://www.battlecreekenquirer.com/apps/pbcs.dll/article?AID=/20060925/OPINION03/609250307&SearchID=73258039555832
> We need hundreds of supportive emails, faxes and phone calls to the
> media so please use the following contacts to Michigan newspapers,
> radio stations and televisions stations:
> Michigan Newspapers
> https://www.quickbase.com/db/97t48ukt?a=q&qid=10
> Michigan Radio Stations
> https://www.quickbase.com/db/97t48ukt?a=q&qid=12
> Michigan Television Stations
> https://www.quickbase.com/db/97t48ukt?a=q&qid=13
--- Angela Pedersen
> Equal Parents Week Rally set Wednesday
> This letter is for all dads, moms, stepparents, and grandparents
> affected by the family court system's removal of one of the parents
> in a child's life. We ask that you attend the following historical
> event: Equal Parents Week Rally from noon-2 p.m. Wednesday,
> Sept. 27, on the State Capitol East Lawn in Lansing.
> We predict close to a thousand to attend and we need your support
> and attendance. Nationally known experts will be speaking such as
> Dr. Stephen Baskerville, David Levy of the Children's Rights
> Council and many more! Ask your state representative to attend with
> you at this even
> Over 40 percent of Michigan's population is micro-managed by the
> family court system with disastrous consequences to our children,
> families and state economy.
> A child's right: Equal time with both fit parents. Everyone knows
> dads are typically the ones who lose time with their
> children. However, over 20 percent of noncustodial parents are now
> women, with this increasing every year. Please join us!
> Angela Pedersen, R.N.
> Battle Creek
> http://www.battlecreekenquirer.com/apps/pbcs.dll/article?AID=/20060925/OPINION03/609250307&SearchID=73258039555832
--
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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