Friday, September 30, 2011

If It Bleeds, It Leads

In the movie "The Pawnbroker" Rod Steiger's character Sol Nazerman reflects on his tortured past: "Everything I loved was taken away from me, and I did not die"
Yet it is clear that just below the surface, much of the person he once was, had indeed died.

If you read deeper within this blog you'll see that I have dealt with the bulk of an abusive marriage myself, thinking that my wife, now ex-wife, would get better and that my son would have a complete family and a loving and stable mother.
I adore my son more than life itself, and as far as I'm concerned, he's the best thing walking on the face of this earth.

Far and away, the most abuse, the most intense and chronic abuse, has come from the Thurston County Family, and Criminal, Court system.

Nietzsche wrote "That which does not kill us makes us stronger"
Apparently that overused quote can be traced back to one person, and while it may put a positive spin on misery, I think if we're honest with ourselves, we know this is not true. After all it's the smallest mosquitoes that ruin a picnic in their endless quest for blood, not the intense brief storm that can be waited out.

And so each day I die a little bit more inside, and each day I find it more difficult to justify getting out of bed in the morning knowing that the mosquitoes await.

It's bad enough being in an abusive relationship, but it's far worse to be the victim, and have the state facilitate more abuse. You can read on if you wish for more details. After all these years thinking that justice was soon coming, I am done with that illusion.

The Governor passes the buck to the legislators.
The legislators pass the buck, saying that the required laws already exist.
The victim advocates, and the family court, pass the buck by refusing to accept that a woman can be abusive.
The media passes the buck, not wanting to hear about domestic issues since they are often a quagmire, and so our local newspaper, The Olympian, goes on printing more berry pie recipes.
After all, who doesn't like berry pie?
The courts blame lawyers.
Lawyers blame the courts.
And Governor Gregoire chimes in with "consider getting a better attorney" certainly implying that justice in the State of Washington must be bought, that judicial outcomes are not based on facts, but rather money spent.
Governor, Justice is not just a luxury for the wealthy, but is a right...or should be.

I could go on and on, but you don't want to hear it, and it pains me too much to write about it.

In the end, I was once again beaten, my son starved, both by my ex-wife. In response Thurston County Superior Criminal Court threw me in jail for 194 days, refusing to look at the evidence, refusing to grant me a hearing or provide an attorney that was more than just a name on the legal record. Believe me when I tell you that it is bad enough being jailed for being a victim, but it is true psychological torture to have no sentence, to be totally ignored by the criminal court, not knowing if your case will ever be heard, if you will ever be released, as you watch even the lowest pedophile get his day in court while this right is denied to you, and only you. And so my ex-wife made good on her promise to our 8 year old son that he would see his "Daddy Rot in Jail"

Is there no real-time oversight, no checks and balances?

But in the end, it was the loss of all contact with my son that totally destroyed me.

The Governor is fully aware of this, as is the Attorney General, the Prosecutor's Office, the Superior Court Judges, along with so many more. I've personally communicated with all of them.

I had told the Governor's office that the buck stopped on her desk. Apparently I was mistaken; she seems well able to pass it back to me.

At this point, after so many years, I refuse to be gutted, killed slowly from the inside out, and be further victimized by the State of Washington in silence.

I am going to peacefully and visibly protest, and since my jail hunger strike didn't do anything but land me temporarily in the hospital, while The Olympian ran front page investigative stories exposing the best ways to pick up your dog's poop, the Governor governed, and judges judged.
Apparently I am going to have to raise the ante until the people that run this state do something for my son and I.

This is a horrible life, and it will change one way or another.

Many a parent has killed themselves over excessive government intrusion into the family. Once the government decides to "aide" a family, they seldom leave, and there appears to be no organizations with any power to prevent the government itself from being abusive. I know, I've searched.

I will not curl up in a ball and die in some dark corner, nor will I accept the government's decision to support an abusive parent and harshly punish a loving parent. I am prohibited by the acting judge from filing any motions in the family court, while at the same time I owe tens of thousands of dollars through family court orders, including an obscene order to pay for my ex-wife's attorney. They have also prohibited me from seeing my son at all.
(You may want to look at some very short, "rant-free", YouTube videos that I've posted (click here). They are protected by the constitutional right to free speech, but being critical of the court system, the judges and lawyers, there can be little doubt that my current legal and parenting position is a matter of "payback" for posting these videos).


If all goes well, and it is not lost on me that "well" is still a horrible scenario, you will find me visibly protesting the issues mentioned in this blog. But even this is not likely to move a berry pie recipe back a page in the Olympian. Having a pretty extensive background in medicine and engineering, I've hidden numerous implants within my body, each containing a different toxin. Some have treatments, others don't. One by one I will open them until someone with some true authority and objectivity looks into my case, or I finish the job the courts here are well into. There is no risk to anyone but myself. The first vial contains a pretty hefty dose of King Cobra venom (Ophiophagus hannah).

Crazy?
No, absolutely not.
Desperate to get my son and I out of our current situation of abuse after many years of dealing with a court system that readily acknowledges that I am the victim (see the videos), as do the police, and yet holds me responsible for a decade's worth of someone else's violence. How can any rational person argue their case before a court that stringently defends this logic?

It is a true crime when stereotypes trump evidence, when the supposition that a man must be an abuser is acceptable in a court of law, yes even family court. There must be an independent investigation into this case, and Commissioners Schaller and Thomas, as well as Court Investigator Judy Murray, must resign their seats on the family court if it is indeed found that they did ignore clear and unambiguous evidence of violent abuse, thus facilitating the further abuse of my son and I. My god, even my ex-wife walked into court and admitted to years of unprovoked violence and made no claim of my having been violent against her (save for the one time I did have to hit her once after breaking into my apartment, following hours of admitted stalking, and then only after trying to rip out my testicles as she knelt on our 5 year old son's chest who then couldn't breathe because of her full weight on him. This she freely admitted to in court).

I truly apologize to my family and friends, but a life abused by the courts here in Thurston County is likely worse than the most of the possible outcomes of this protest.

Though I now certainly understand why parents would kill themselves over irrational and abusive family court rulings, in the end they may no longer be tortured, but they also never see their children again.

I hope that you will support me in my peaceful protest, and be vocal about it. Call and write the media, Governor Chris Gregoire (360-902-4111), Thurston County Family Court (360-709-3620 or e-mail fjcinfo@co.thurston.wa.us ) and why not give Paul Battan, the family attorney defending violence a call (360-754-3901 or e-mail Paul@PaulBattan.com).  At some point, attorneys need be held responsible for their actions.

Perhaps this protest will open up this issue to public scrutiny so that governmental abuse will no longer occur to any innocent and loving parent. This fight is for all of us, and is not an issue of gender.
Domestic abuse, child abuse, and government abuse must not be tolerated...period. Should you even have a shade of doubt that I am truly the victim, please remember that I am the one fighting to open the court files to public scrutiny (with my son's name and everybody's personal information redacted {SS#, addresses}). The family court has sealed the files from outside scrutiny.
You will also find, if you decide to read on, that I had full legal and physical custody of my son prior to my ex-wife kidnapping him from Arizona, and prior to Thurston County Family Court, because of her extensive violence.
My son needs both a father and  mother, and after she finally receives successful treatment for her violence, treatment that has been blocked by the courts, she can once again have equal access to our son. This as all I've ever asked for from the courts.

If you decide to do nothing, say nothing, the, you have no right to to take issue with these courts.
Now is your chance.

And Governor, before you criticize governments overseas for human rights abuses, you may want to take a look out the palatial windows of the Governor's Mansion into your own backyard.

Respectfully,

Nyles Bauer
Nyles Bauer's Protest

Sunday, September 25, 2011

All I Really Need to Know I Learned in Kindergarten from Commissioner Schaller and the Thurston County Family Court



Throughout our childhood we learn benevolence, that violence leads nowhere, and to help those in need.
These are the values our society has chosen, above all others, to instill in our children.
I know that I did, and I did my best to lead by example.

Having studied Immunobiology, I often traveled the world, and always made a point of presenting seminars to the local medical community about safe and inexpensive treatments for various autoimmune diseases such as Crohn's Disease and Multiple Sclerosis. Most "third world" countries don't even treat these diseases, and if they do it tends to be with steroids, or superficially with some sort of symptomatic relief. These treatments are inadequate, usually dangerous, and do little to stop the disease process itself in the long run.

Overwhelmingly I've found the bulk of physicians in poor countries overseas surprisingly well read, well educated, and very competent, but simply lacking resources.

I would lecture, or talk to physicians one on one, about the potential of anti-opiate (opiate blocking) treatments for some autoimmune illnesses. The treatment is often effective, is very safe, and costs perhaps 5 cents per dose. It may very well turn out that most healthy Americans over the age of perhaps 40 could benefit from this regimen, but that's a little premature right now.

I've also been finishing up a book that I believe is sorely needed, and the others that contributed some of their work to the book apparently agree. It is in the final edit after many years of surprisingly hard work. I'm not here to sell it, but rather show you a snapshot of my life.

I am a sworn pacifist.

Because this is what I do with my life, I lost contact with my son. To send him an e-mail would land me in jail or prison for 90 days to over a year.

Though I did research, and lived to promote better treatments for the poor, I was ruled "underemployed."
Writing a book?
"Underemployed"

A pacifist?
It turns out that my ex-wife was violent, very violent, and chronically violent.
It was ruled that I was responsible for my ex-wife's decades of violence.
I was responsible for her violence against police, against boyfriends after we were long diverse, violence against her family and other before we even met.

"I'm going to kill <our son> and then myself" is what she had said once as she sat on the floor of our house with a large shard of glass against his neck. This is only one of many events. Did the court think that she had "outgrown" this behavior magically, without any treatment?

I previously had full legal and physical custody of my son because of her violence and binge drinking, and when the hearings were over I had lost all access.

That is why I am wherever I am when you read this.

Loosing my son to this type of inept logic killed me little by little each day.
My son and I got along wonderfully and there was mutual love and respect.

When I placed some videos on YouTube critical of these court decisions, I spent nearly a full year sentence in jail, no bail, no hearing, and no attorney, until the maximum sentence was nearly finished....if I had had a hearing and been sentenced.

It truly would have been far more merciful, far more compassionate, had the Thurston County Court system simply placed a bullet in the back of my head, rather than reach into my very soul and rip my heart out.
This loss of my son, this victimization of the victim, is killing me inside, and so long as this happens quietly in jail or at home, it would be fine with the courts.

It will not happen that way.

If it is to happen, it will be in broad daylight and out in the open.

I've spent years producing evidence for the courts believing that justice was right around the corner.
I've spent years begging for justice based on evidence.
The abuse by my ex-wife is only augmented by the court system's rulings, with both my son and I the victims of a huge "pile-on" of politically connected thugs.

After so many years I feel I have the right to publicly refuse to be found guilty of forcing anyone's violence, let alone a decade's worth.
To lose my son too?
This must stop.

This ruling by the court has lead to further abuse of my son. According to my ex-wife herself, she starved him for 2-3 days and insisted that our son be "locked up in isolation" when she thought that she may be arrested for assault recently.

Truly, what did the court really expect to happen from a woman that readily admits to most of her violent offenses on the stand, and currently has two active warrants for her arrest that the court is fully aware of?

Without a doubt Commissioner Schaller and Court Investigator Judy Murray are responsible for Dawn’s latest abuse. This claim, surprisingly, does not come from me, but rather from my ex-wife herself. During the 6-8 hours full contact beating I endured, she repeatedly shouted “The family court and psychologist said that my violence is situational. It’s not my fault. It’s your (Nyles’) f*cking fault.” And so, with her perception that she had the court’s blessing, I was beaten severely for 6-8 hours,and, as described above, our son starved for several days.

You may read the other pages of this blog if you like, but at least now you know the core of why I am doing what I am doing. This violence must stop for both myself, and most especially, my son.
I love him as much as any father could possibly love a son.

I hope you will support me in this cause!

Nyles Bauer

Nyles Bauer's Protest



Thursday, September 15, 2011

Why Protest? The Courts Are Looking Out For Everyone's Best Interests......Aren't They?





I want to make one thing very very clear. I do not want to remove my son's mother from his life. In fact, I've done everything to keep her in his life. Even when I had full legal and physical custody, she was always a part of his life unless she was overtly violent, or made significant threats of death and descriptive violence towards others.

During her numerous arrests and detentions for violence, I would always approach the prosecutor and ask they she be allowed to get counseling rather than go to jail. Being in the sciences, I felt there was a treatment out there, and I just needed to find it. I knew jail was not the answer. I still believe this.

I avidly want to stay away from any semblance of airing "dirty laundry", but the following has direct bearing on this case. My ex-wife had been diagnosed with Borderline Personality Disorder while in Arizona, and this fully explains her behaviors, her violence, depression, self-abuse, binge alcohol use,feelings that she is the victim even when the aggressor. Even when she attacked the Tucson police, she portrayed herself as the victim, and she can be very persuasive. She is intelligent and an avid manipulator, all of which fall under the umbrella diagnosis of Borderline Personality. You can read more about this condition by clicking here.

The Thurston County Family Court is also aware this, yet has chosen to ignore this, and adopt a convoluted legal explanation that led to further abuse of my son and I, and left her untreated for her illness. Who benefited? Only the court system and Attorney Paul Battan. This entire case could have been worked out so simply.

Who knew that my refusal to allow my ex-wife to be with my son when she was physically violent would be perverted by the Thurston County Family Court into my being "controlling" and that I would totally lose any contact with my son?

My ex-wife, still on the run from two active warrants in Arizona, one for parental kidnapping and the other for assault, would be given safe haven here in Olympia Washington as a "victim."

A decade of solid violence does not just go away by itself, despite what the court here ruled, and I was beaten at an international airport for over 6 hours, in what the airport police described as the most violent event ever to have occurred there, and my son, according to his own mother, was starved for 3 days, as she insisted to the police that he be locked up in an isolation cell, in order for her to avoid arrest for the assault.

The details of some of these events can be read in the blogs below.

The important thing to note, is that I was arrested for this beating even though the start of it was captured on video, and I was clearly the victim. It can be seen by clicking here.

The Thurston County Superior Court refused to view it, as did the prosecutor.

I spent well over 160 days in jail, no hearings, no bail, and no lawyer, and a plea a "guilty" entered at the very end of my sentence, which was most certainly entered against my will. When I tried to tell the judge that this was not my plea, he told me that I could not speak, and only my lawyer could speak for me. This private attorney sitting beside me had been fired many weeks previously, yet still showed up uninvited and not employed to enter a guilty plea that I did not want. He was not going to speak for me, and he didn't.
Again, you can read the other blog entries on this site for details. I don't want to rant.

Why would something like this happen?

It began with a bad ruling that basically said that despite the fact that I never had any hint of violence in my past, I was somehow responsible for someone else violence...even though a good portion of the violence occurred before and after my ex-wife and I were together.

At that point, I started a blog, much like this one, which documented some of the Thurston County Court's goings on. I also documented just a taste of what my ex-wife's attorney Paul Battan was arguing, and the resulting harm it caused my son.

That's when Family Attorney Paul Battan strongly "believed" that I would not see my son again unless I stopped criticizing him in my blogs.

"(The father) has continued broadcasting material on the Internet....attacking me as her lawyer. Until this risk is reduced, I do not believe that....the family court or criminal court will be comfortable giving (the father) access to (his son)" 

----Family Attorney Paul Battan (The above is edited only to protect the names of my son, and ex-wife)

This was matter of free speech, Constitutional rights, and all that idealistic stuff. Believe me, if anything I had posted about Attorney Paul Battan were not true, he would most certainly have had me in court for libel and slander in a heartbeat. Instead, he used my love and dedication for my son against me, and treated my son as a mere pawn. This is why I have called for a boycott against him. (You can join the virtual "Battan Boycott" if you're a Facebook member by clicking here.)

How can a broken system be mended unless the very things that need fixing are exposed to public scrutiny and criticism? I still held strong to my idealism. I would not believe that a family attorney such as Battan could speak for the family court system or the criminal court system despite his threat of doing so, after all that is why we have court systems in this country, so everyone gets a fair break, their legal rights.

So I called Paul's bluff and I posted more about the courts, and about Attorney Paul Battan himself, including some videos. They are short and can all be found by clicking here.

It turns out that Paul Battan had done some work for the Thurston Family Court, and acted as a Pro Tem Judge on the Thurston County Superior Court. His wife Shirley Battan is a big shot within the Washington State Attorney General's Office, in fact she is a very high ranking official there with only one person between her and Rob McKenna. Rob McKenna, State Attorney General, and currently running for Governor of Washington State, had this to say: "Shirley supervises four legal divisions and is ultimately responsible for the legal work of several hundred lawyers and professional staff in those divisions." They are friends with the Commissioner hearing my case, Christine Schaller (-Kradjin), and most of the family court judges. To say that the Battan's are well connected politically is a gross understatement. 

Most, if not all, misdemeanor cases are heard in District Court. My case, as of November 2010, was retained by the Superior Court. With the Battan's connections, you can certainly understand how that came to be. If it had been bumped down to District Court then Deputy Prosecutor Carol LaVerne, who often works murder and other high profile cases, would not have working to make sure I stay put for a good long while, despite the triviality of the case. No hearing? No Lawyer? No Bail? It all makes complete sense now. Paul Battan was most certainly not bluffing about using my son to leverage his image on the internet, even if the image presented there was undeniably accurate.

Recently Commissioner Christine Schaller was trying to get a seat on the Thurston County Superior Criminal Court, and was the most favored to get this appointed seat...up until the point I posted this video (click here). If I made the video well, you can see that she clearly does not belong on the Superior Court. What I didn't understand at that time was that the Thurston County Family Court was a non-criminal branch of the Superior Court. All the judges, criminal and family, were all of the same court system, and apparently looked out for one another.

So now everything made sense. Why was I the only inmate at the Thurston County Jail not to have a hearing, bail, and an attorney, to be denied most of my prescribed medications, of all the thousands of inmates that I personally met and talked to during my extended stay?

Drug dealers, manufacturers, pedophiles, and molesters all had timely hearings and legal representation. I was the only exception, and I was the only one to produce, and publicly post videos that were very critical of the Thurston County Superior Court, as well as some of the major players. This is the only way to change a broken system. It certainly will not be changed by going through the very courts I openly accuse of being abusive. I  paid for that view, which I still hold to be true and accurate, with my freedom and all contact with my son. Political payback from attorneys and judges, making me the very definition of a political prisoner. If you doubt it, look up my Thurston County Superior Court criminal docket and look at the filings from November 2010 on, as well as the family court filings. I want these opened and examined, the courts do not.

The court well knows that they've hit me with extensive and expensive fees, including the offensive costs of my ex-wife's attorney's fees (you must have loved that one Paul). I am not allowed to file any motions in this court, unless pre-approved by a judge, have a no-contact order with my ex-wife and son to the degree that I don't even know where my son lives, yet I have no history of any type of abuse. I did have a no-contact order protecting me during one of my ex's violent sprees, but according to the City of Olympia prosecutor, this order was "unenforceable" and even the Olympia Police Department referred to it as "A Clusterf*ck". Not surprisingly, Commissioner Schaller had Paul Battan help her write it up. Commissioners Schaller and Indu Thomas both refused to rewrite the order after my ex was freed from jail following a violation., The city judge correctly ruled that the order was.worthless. Schaller and Thomas's response? "Tell the police and prosecutor that's how we do it in family court", "We will not rewrite it"

It should be evident that I will get no justice through the Thurston County Courts. Heaven knows I've tried for many years.

I was a great father, and ironically even my ex-wife would agree with this. My son is a great son...the best.
I miss him more than anything else in the world, and think of him without end. I tears me up inside, sometimes to such a degree that each passing minute is agonizing.

This "payback" from the courts, and it's big players must end. There must be justice for children and families.
Children are not pawns to be used in the court's own interests, and that's why you find me here today, and that is why I am asking for your support. As Commissioner Schaller likes to say "This is the camel that broke my straw back."

If I appear as if I've lost my perspective, if I seem extreme, if you consider me a "nut" let me assure you that it is desperation, and true and pure love of my son. How can I logically respond to ruling against me because I am not violent, and my ex-spouse is, that she is not responsible at all for her actions? And before you buy into this logic, remember that she readily admits to violence before and after we were married. She readily admits that she beats her current boyfriend "the normal amount."

I would like this case to be reviewed by two out of state institutions familiar with civil rights and the rules of evidence. I would like them to decide if justice was served, the community was served, and if the best interest of the child was provided for since the start of this case.

I am not looking for a determination of procedural integrity, which the Washington State Commission on Judicial Conduct investigates (and stated off the record "You would think <Commissioner Schaller> would have looked at the evidence more critically") but rather, a review of the best interests of the community and the parties involved, especially the child, my son. based on the evidence presented. 

I want these reports to me made available to the public, so that the courts may no longer hide behind sealed files. The names of all minors should be removed, as should personal information of all involved parties, such as addresses and Social Security numbers. I want what the court promises, and pretends to offer....transparency. They will do everything they can to prevent this openness, and use every excuse even remotely viable. You will see.

If substantial violations are found, then I would ask that Commissioners Christine Schaller and Indu Thomas resign their commissions, or should they refuse, that they be removed. I would also ask that Court Investigator Judy Murray do the same. These people are paid by your tax dollars, and they are meant to serve the best interests of the people they serve, and the community that pays them. They are charged with the very important task of looking after the welfare of our children.
They have forgotten this.

What I would ultimately like to see happen in my case, is to be allowed unrestricted access to my son, and be allowed to return to Arizona, our home. I would like my son's mother, my ex-wife, to be an integral part of my son's life after she receives appropriate treatment for her chronic habitual violence. I would like Thurston County, and the court systems here, to stop offering my ex-wife safe haven from her two active Arizona warrants. My son deserves a loving father and a mother, even if divorced, and I would like to see this happen.

If we don't all act now, make some political noise, the system will, at best, stay the same. Statistically you, or someone close to you, will pass through this utterly broken system. If people don't insist on change now, don't expect anyone to rescue you later.

I sincerely thank each and every one of you for your support!

Wednesday, September 14, 2011

Take a look at my son. 
He is the love of my life and there is nothing I wouldn't do for him.

And I've lost all contact with him because I am not violent.

Absurd?
I'd put it a little stronger than that, but yes.
Because I've been found responsible by one commissioner within the family court for all my ex-spouse's violence , even violence that occurred before I knew my ex-wife, and after we divorced, I've taken on the legal burden of all that comes with being ruled legally violent.
Conversely, my ex-wife has taken on all the legal rights and privileges of a non-violent member of society, because I was found responsible for her violence.This includes full custody of our son.

Imagine how you would feel if the government took your child and freedom away as "payback"
But I'm getting ahead of myself.

So when she recently decided to subject me once again to her wrath of violence at a major international airport for over 6 hours (officials actually cordoned off the area so travelers could walk around the fight), in what the airport police called "the most violent event ever to occur here", I was thrown in jail for the better part of a year sentence with no bail, no hearing, and no lawyer until the maximum possible sentence was nearly served.
I never raised a finger against her during this fight, nor any of her other fights for that matter.

I hear you thinking to yourself  "There must be something to his forcing her violence. No court would take away a parent's child for being non-violent"

I would have thought the same way prior to this long, and oh so traumatizing, episode.

Now I'd like to point out that during this airport incident she also claimed that she was "starving our son for three days" and insisted to the airport police that our 8 year old son be locked up in isolation when she felt that she may possibly get arrested. Since our son was begging for food and crying constantly, and she prevented me from bringing him any, I suspect that her statement was accurate.

Again, let me remind you that I served the better part of a year sentence for that incident, no bail, no hearing, no lawyer.
Apparently I must have also forced her to abuse our son.

This is sick, and this is pretty much my story.
Oh there are more details in the following pages, but this is the "Cliff's Notes" version.

You can view the beginning of the airport attack by clicking here.
See how I force her to be violent and to abuse our son?
It is likely that these videos, and my blogs, all very critical of the courts and some major players within, had a good deal to do with my situation, and worse, my sons.


That is why you'll find me here.

I love my son more than anything.
(If you see him, tell him is dad loves him very much. I would be arrested for up to a year for doing so, if I knew where he was)
I miss my son nearly every moment of every day.
I am a good...no...a great father, and to many other's surprise, even my ex-wife agrees.


 I hope that you will read on, and if not, then I hope that you will support me in my protests.



Respectfully,

Nyles Bauer

Nyles Bauer's Protest

Friday, September 9, 2011

Open Letter To Governor Chris Gregoire



Damn it Governor Gregoire, I'm sick and tired of my son being abused by his mother under your child abuse protection program, and worse, the Thurston County Family Court system that is running under your keen and watchful eye while at the helm of this fine state.

Do you know that South Korea's airport is just "a stones throw" away from one of the craziest dictator's in the world in North Korea?
Did you know that South Korea and China don't really get along, and are only separated by the very small Yellow Sea?
 
I make this point because Korea has many substantial and devoted enemies in the immediate vicinity.
 
Do you know that each day Incheon Airport in South Korea serves an average of 104,758 passengers!
Did you know that in over 10 years of operation, my ex-wife's beating of me (see short video), with my 8 year old son's help under her most capable maternal direction, was the most violent event to occur there according to Incheon Police? There is no qualification at all on this statement such as "most violent domestic dispute". This was the most violent event ever to occur at Incheon Airport...period. 


Why didn't they arrest her?

The Koreans decided that this was "an American problem" and the police actually cordoned off the area, and directed travelers around the assault. I did not lift a finger to fight back. I would not do this in front of my son. I would not do this...period.
 

And without your representation Governor, and your family court system, she would never had had the chance to make this international record, and beat out China, North Korea, and every psychopath or drunk to pass through that international airport hub?

My ex-wife appears to be Olympia's own ambassador to Korea, and a record setter at the same time.
Do you feel the same "pride" that I feel Governor?

How many times does my son have to be objectively abused, by a self-admitted abuser, before something is done? 
How many times Governor, before your advice to "consider getting a better attorney" stops flowing from your office to me on how best reform the system?
 
I've taken your advice, gotten a better attorney, and this lead to this last incident, one of literally hundreds shes inflicted on many in the past, an incident that was the worse violence at the Incheon Airport in the last 10 years, which is set at this length of time only because no Airport Police present had worked at this particular airport any longer than this. And this incident was "only" an average violent binge for her. 

Governor Gregoire, damn it, stop prosecuting the victims!
 
I spent the better part of a year sentence in your fine county jail, no bail, no hearing, no attorney, for over 160 days. Th.e prosecutor refused to watch the surveillance video of the start of the beating, which shows I clearly did not initiate or provoke it. I went to jail, and my ex got full custody and a "no-contact order" so that I don't even know where my son lives. I would go to jail again for 90 days to a year, if I were to even send him a birthday card or text him on Facebook to tell him his dad loves him.

Why is this Governor? 

This abuse of my son and I, this protection for my ex-wife's violence, and protection from outstanding warrants for her arrest for violence and child kidnapping must end. My being punished for criticizing your Family and Superior Court system must end.

Even pedophiles had their day in court, had their attorney, but not me. Just check the court filings in my court docket. The Superior Court Judges were very good at making it seem as though due process was adhered to if you look at the docket entries, but not when the actual court filings are read.

This was clearly "payback" for these videos. All the videos are true and accurate, but very critical of the Thurston County Family Court, which not coincidentally, is also a part of the Superior Court who refused to grant me my day in court until the very end of my maximum sentence......had I been sentenced to anything.. 

Governor, you've seen the videos, according to your staff, and you've done nothing.
(Readers can see them here)

"Your father hates you", "You need to protect your mommy from your daddy", "Your daddy wants to replace your mommy with another woman, a whore", "Your daddy wants to get naked with another woman and put his p*nis in her cu*t", "You and mommy are going to make sure daddy rots in jail" All these epic lines, are great for an 8 year old to hear coming from his mother on a regular basis. 

Your program supports this, and this program must change, and change now! 
You can not keep passing the buck on this one Governor. 
This is your responsibility. 
I am a lifelong passionate liberal democrat, but this is not liberalism, and if it is, then by all means bring in the Republicans! "An enemy of my enemy is my ally"
 
As you very well know, your family court system is not required to make rulings based on evidence.
Let me repeat this since it is oh so very important...
The Washington State Family Court System is not required to make rulings based on evidence.
It is an injustice to the child to base decisions on gut feelings and intuition rather than facts and evidence, but this is most certainly allowed and regularly occurs.
Would we want our criminal courts to base their decisions on intuition?

This is insane logic, but apparently in Washington State, it is good enough for our most vulnerable of citizens, our children. 
A system not good enough for pedophiles, is good enough for our children? 

It is absolutely insane that in the USA, I should have to be argue that a court use actual, factual, evidence, and that all the politicians involved with the court seem to either ignore or oppose this.

Thurston County Court Commissioner Christine Schaller, put down that gavel and step away from the bench, and please take Court Investigator Judy Murray with you on the way out!

By ignoring evidence and placing a higher legal value on "gut feeling"  you are in fact both child abusers by proxy.
 
In fact, just as child molesters molest children behind closed doors, just as child abusers do so in the relative safety of places out of sight of the public, you too Christine Schaller and Judy Murray do so in the legal darkness of closed courtrooms, and then in order to "protect our victims", order the case files "sealed" so that the public cannot see the inner workings of the family court system.

For shame Christine and Judy, for shame.

You are both expected to serve the best interests of the child, the family, and the community that pays your wages through taxes. Somewhere along the line, you have forgotten this, you have forgotten fairness and justice, but you have not forgotten how to bill the taxpayers.

All of you, this group exclusively, are responsible for the violence in Korea. I’ve warned you in court several times that more violence was on its way from my ex-wife, but you chose to ignore 10 years of previous untreated, unaddressed, violence and rewarded this behavior with the full custody of my 8 year old son.
 
You Christine Schaller; You Judy Murray; You Indu Thomas; and You Attorney Paul Battan, are all responsible, because you were warned it would happen again, and you ignored abundant and detailed evidence, a decade of evidence of indisputable and well documented objective violence.You ignored my own ex-wife's testimony telling you that she was violent. Commissioner Schaller, you even found her guilty of two counts of unprovoked domestic violence on the first day she appeared, just before awarding her full custody.
 My goodness, she's attacked police officers without fear, and totally unprovoked, and you know this, and you know this is only a very small fraction of her documented abuses!
You are all responsible for all the events that have happened, as well as the physical and psychological harm done to my son.

I am being very generous not to include Governor Gregoire, who has been fully supported this abusive system in the name of "child safety."
Gregoire, who, when presented with the same facts as the court, simply replied "Have you tried a better attorney?"
 
Governor, you must change the system, and change it now!
 
The family court system of Washington State, the state in which you are at the helm, must use evidence!
It's really difficult for me to believe that this is such a radical idea.
I want...no...at this point, after giving well over 2 years to the Thurston County Family Court, I demand that there be an investigation into the content, not procedures, of case number 09-3-00087-6 by a mutually agreed upon independent out of state investigator and make the results accessible to the people who pay for this dysfunctional system, the citizens of Washington State.
 
I am so tired of my son, the true love of my life, being continually abused and exposed to violence rendered by his own mother. I am tired a serving time, having to face one warrant after another, take classes in parenting, child abandonment, when I have done nothing but love my son, and trusted your court system. I am oh so tired of being accused of "forcing" my ex-wife's violence, being "the puppet-master", when I had no criminal history prior to my ex swearing out warrants in Washington State, the last that happen to leave out her 6-8 hour rampage at the airport.

My ex?
Well there is animal torture, violence against her family, myself, her subsequent boyfriends after we divorced, none of which she disputes, yet the court has apparently found me to be guilty of forcing all of this violence.

Do you know that as she was beating me in Korea, she kept yelling "This is your fault, not mine. The <family> court and psychologist says my violence is situational"? This came just before she realized that her violence may indeed get her arrested in Korea, and thus refused to leave the transit area. The police then gave her the choice of simply stepping into the normal passenger area of the airport, to which she responded that our son is being starved for the next two to three days (there was no food in the transit area), and then began to insist that our son be locked up in a detention cell rather than her having to move to the passenger area just a few meters away. This is the mother of our 8 year old son.

I am, and have always been a good...no...a great father, and your court system has done nothing but punish me for this, all the while claiming to be acting in my son's best interest. Even my ex-wife is likely to tell you how great a father I am, but the court, never having seen my parenting skills firsthand, determined otherwise based on feelings and conjecture.
Now I have no idea where my son lives; there are orders of protection against me, though no violence or threats ever occurred.

Governor stop this and stop this now!
My son is truly suffering, and I will supply a link to just a small sampling of the violence that occurred in Korea.
Again, the most violence that has occurred at this major airport in at least 10 years, and it revolved around my son, and directly involved him thanks only to your state and your overtly dysfunctional family court system.
 
This is sick Governor that you support a court so out of touch with reality.

I want my son back, and I want to be able to return to Arizona (or anywhere for that matter) with my son, where my ex first kidnapped him, breaking a court order ignored by the Thurston County Family Court system, and hiding him in Michigan for many months.

As for the many family attorneys that practice at the Thurston County Family Court, day in, day out, and know it's many judicial shortcomings, but find it easier to work within the current system. If you are not working to reform the system, to make it fair for everyone, and most importantly, fair for the thousands of children that have their lives changed by decisions, then you too have your fingerprints on this case.



Why Target Olympia Family Attorney Paul Battan?



Yes, people gripe about lawyers.

Yes, many parents, even the "winners", have some level of distain for the Thurston County Family Court system.

This is an excerpt from a letter I just received:

"(The father) has continued broadcasting material on the Internet....attacking me as her lawyer. Until this risk is reduced, I do not believe that....the family court or criminal court will be comfortable giving (the father) access to (his son)" 

----Family Attorney Paul Battan (The above is edited only to protect the names of my son, and ex-wife)

First, and very worthy to note, is the fact that posting to a blog can elicit a visceral response from a "Super Lawyer" (No kidding, Google it).

Maybe local journalism, such as blogs, can indeed change a community for the better, albeit slowly. Nonetheless, at some point individual attorneys must be held accountable for their actions inside the courtroom. When further abuse of a child happens because an attorney decides that he must win a case, throwing a child's best interests in the garbage, then this is most certainly a time of attorney accountability.

I understand that most of you do not know my case, and I wouldn't expect many to want to get emotionally bogged down in a legal and emotional mess. 
Having said that, just ask yourself under what context would an honest attorney, a moral attorney, ask that his reputation on the Internet be a prerequisite to getting to see ones son again? 
Here we see a family lawyer claiming to act in "the best interest of a child" by clearly placing his welfare above those of a child's. 

If there was anything misstated within my page here, Attorney Paul Battan would certainly file a libel suit in court against me. 
He has not because everything here is true. 
Paul Battan has clearly placed the best interest of Paul Battan well above those of a 9 year old child, and in effect is resorting to overt extortion.

Paul Battan must be boycotted until his legal objectives are truly in the interest of the child.

Call him at (360) 754-3901 or e-mail Paul@paulbattan.com and post his reply here. I'm sure that he'd love to chat.

If you happen to be on FaceBook please consider joining the Boycott Attorney Paul Battan page (click the "Like" button after copying the following link to your browser): http://www.facebook.com/profile.php?id=100000250306817#!/pages/Boycott-Olympia-Washington-Family-Attorney-Paul-Battan/129165703764121?ref=ts

Thursday, September 8, 2011

First Attempt: Motion To Have Commissioner Schaller Remove Herself From This Case




Superior Court of Washington
County of Thurston
Family and Juvenile Court


In re:

DAWN BAUER


Petitioner,
and

NYLES BAUER

Respondent.
No.  09 3 00087 6



MOTION TO RECUSE




 

Now comes the above named Respondent, Nyles Bauer and moves to recuse Commissioner Christine Schaller from the above entitled matter under 28 USCS Sec. 455, and Marshall v Jerrico Inc., 446 US 238, 242, 100 S.Ct. 1610, 64 L. Ed. 2d 182 (1980).
"The neutrality requirement helps to guarantee that life, liberty, or property will not be taken on the basis of an erroneous or distorted conception of the facts or the law." 
The above is applicable to this court by application of Article VI of the United States Constitution and Stone v Powell, 428 US 465, 483 n. 35, 96 S. Ct. 3037, 49 L. Ed. 2d 1067 (1976).
"State courts, like federal courts, have a constitutional obligation to safeguard personal liberties and to uphold federal law."
The United States Constitution guarantees an unbiased Judge who will always provide litigants with full protection of ALL RIGHTS.   Therefore, the Respondent respectfully demands said Commissioner recuse themselves in light of the evidence attached as Exhibit 1 detailing prior unethical and/or illegal conduct or conduct which gives the Respondent good reason to believe the above Judge cannot hear the above case in a fair and impartial manner.



Exhibit 1
That Commissioner Christine Schaller is, or has been, an Attorney to, or Associates with Jason, Margarette and Peg Cain of Cain and Atwell Domestic Violence Treatment Providers, and present and past members, or direct family members, of the Safeplace (advocacy agency for survivors of domestic violence) Board of Directors.
That Cain and Atwell Domestic Violence Providers did provide services to the petitioner Dawn Bauer that are relevant to this case.
That Safeplace did provide services to the Petitioner, including counseling, legal aid and referral, and a declaration attesting to the Petitioner’s competency which was filed and utilized in defending the Petitioner in this case.

That Safeplace did recommend, and assist in arranging for the services of the Petitioner’s current attorney Paul Battan.

That Safeplace has never returned my phone calls requesting assistance as a victim of Domestic Violence since the Petitioner has received services despite providing details of abuse by the petitioner Dawn Bauer.

That Paul Battan did provide free legal services to Dixie Richardson (see attached), an employee of Safeplace, who provided a written declaration which was used as evidence in the Petitioner’s court case.

Because of Commissioner Christine Schaller’s links to the Cain family, Cain and Atwell Domestic Violence Treatment Providers, Safeplace advocacy agency for survivors of domestic violence, and the petitioner’s attorney Paul Battan, all of whom have direct bearing on the outcome of this case, it gives the appearance of impropriety and brings into question whether these connections would create, in reasonable minds, a perception that the judge's ability to carry out judicial responsibilities with integrity, impartiality and competence is impaired.

(For clarity within the blog I should add that two former employees of SafePlace both stated that there is an understood policy that "If a man strikes a woman it's the man's fault. If a woman strikes a man, she was forced to do so and thus the man is also at fault" This coincides perfectly with Commissioner Schaller's rulings, and in light of her connections to SafePlace, should have recused herself from this case for the reasons stated in this motion. It is personally offensive to me that taxpayers pay for the bulk of their services despite the gender biases.)


That testimony presented by the Respondent, quoting Dawn Bauer, the petitioner in this case, was not allowed to be fully presented to this court because it was found “offensive” by Commissioner Christine Schaller and thus could not be stated in court as evidence of the Petitioner’s own words and actions, thus effectively eliminating pertinent evidence, and infringing on my rights to testify as a matter of record on my own behalf, and on that of my son’s. This is a substantial Deprivation of the Right of Due Process, as well as a Deprivation of my right to make an “offer of proof” for any appeals that may occur in the future.

According to Congress, and U.S. Supreme Court case law, a judge must bow out of hearing any case in which his or her impartiality might reasonably be questioned.  The test for appearance of impropriety is whether the conduct would create in reasonable minds a perception that the judge's ability to carry out judicial responsibilities with integrity, impartiality and competence is impaired.



I declare under penalty of perjury under the laws of the State of Washington that the forgoing is true and correct. Dated June 22nd, 2009 in Olympia Washington


--------------------------------------
Signature
Nyles Bauer

Wednesday, September 7, 2011

Second Attempt: Motion To Have Commissioner Schaller Remove Herself From This Case



What follows is a motion filed with the court to have Commissioner Schaller remove (recuse) herself from this case. This motion went unheard by the court since they have to approve all my filed motions. That is correct, the judges have to pre-approve all my motions. 
What are the odds that they would approve a motion to remove a fellow judge from a case, even with compelling reasons?
Apparently there is a zero percent chance.
Here is the motion to recuse that was refused to even be heard by the Thurston County Family Court. 
It is hardly a "trivial", "frivolous", or "old" issue.



NO. 09-3-00087-6
MOTION TO RECUSE



To:       NYLES BAUER, Respondent

And to:            PAUL BATTAN, Attorney for Petitioner

And to: The Clerk of the Court

Since the very first day of this case, Dawn Bauer has freely admitted to abuse. These readily admitted and chronic events (she has admitted to abuses that go back over a decade) have included:

Numerous unprovoked physical attacks on respondent and related sociopathic events have been presented and admitted to by the Petitioner in this very court (a warrant for arrest for Domestic Violence is still active in Arizona and is known by this court, and many, if not most, attacks have occurred in front of our son).

Here are but a small sampling:

*Stalking of defendant and his girlfriends well after defendant and Dawn had divorced.
*Death threats to defendant’s Mother with details of dismemberment and injury
*Death threats to defendant’s two sisters
*Binge drinking leading to assault
*Violent assaults against Chaibou Babale
*Violent assaults against Chaibou Babale’s brother
*Detailed arrests in Arizona for violence and domestic violence
*Parental kidnapping of son and interstate flight (a warrant for arrest is still active)
*Unprovoked destruction of property including an entire microbiological laboratory
*Assault on several police officers resulting in the physical injury of one officer
*Her police records and FBI report showing violence and sociopathic behaviors are on file


Much more abuse was admitted to by Dawn in this case, many more violent claims uncontested (including some against our son), and the total events testified to in this court was just a small sampling of the hundreds, if not thousands, of events that occurred over a decade of abuse.

Though the Dawn Bauer generally, but not always, denies abuse of their son ****, testimony was presented to the court stating that Dawn had indeed threated to kill him, going as far as to place a large shard of broken glass to his throat and stating “I’m going to kill ****”

Testimony also was presented stating that Dawn used **** as a physical shield when she tried to defend herself from being arrested by police for violence. This event was, at the very least, alluded to in the Tucson police reports.

In a legal contortion of the facts, this court found that Dawn was “controlled” and effectively forced into violence and thus was awarded sole custody of ****, overturning the Arizona parenting plan awarding me, Nyles Bauer, full custody based on Dawn’s abusive past was overturned.

This past July (2010) Dawn once again abused both her 8 year old son **** and Nyles, her ex-husband.

According to Dawn’s own claim, **** was “starved for 3 days.”
Indeed **** was crying hysterically, and without the need for any exaggeration or any manipulations of the English language, was begging and crying for food. Any attempts by me to offer **** food were met by Dawn’s absolute refusal, ****’s begging to be allowed to eat, and the threat of my arrest when returning to Washington for breaking a no-contact order prohibiting contact with my son. “We’re going to make your Daddy rot in jail” is what she told our 8 year old son, and with this court’s assistance, this indeed did occur.

Dawn also attempted to have **** arrested by the local police and placed in isolation, and shipped to Mongolia, in an attempt to avoid arrest for assault (briefly described below). To this day I do not understand her logic, but this was observed first-hand.

After I returned to Washington State, I was arrested at the SeaTac Airport based on a criminal complaints filed by Dawn, in which she completely left out her threats, and her violence. Again, she promised **** that he would see me rot in jail, and this occurred. I served 194 days, the great bulk of this time with no hearing, no attorney, and motions for an attorney to the Thurston County Superior Court totally ignored. This was as close to hell for me as I can possibly imagine and objectively resulted in an acceleration of my neuromuscular disease.

These violent events occurred at the Incheon Airport outside of Seoul Korea.
Why did I go to Korea in the first place?
While I attempted to press charges against Dawn, legally and with the assistance of a Mongolian attorney which I had retained (I had previously filed, without objection, with this court stating that if Dawn ever did return to Mongolia that I would actively pursue prosecution for her stalking and abuse which occurred there and was not prosecutable over here. This is on file in this very court, and was filed well before there was any indication that Dawn would travel there), Dawn stated in Mongolia that “You can’t do a f#cking

This court and Commissioner Schaller and Court Investigator Judy Murray were aware since day one of their involvement in this case of Dawn’s readily admitted violence, and Nyles Bauer’s absolutely clean record of criminal or violent behavior. In fact, aside from one very brief incident of self-defense (in which Dawn herself admitted to trying to rip out my testicles while I slept at the same time she knelt on ****’s chest, **** unable to breath and so screamed with diminishing vigor) even Dawn herself does not make any claims of my being violent at all and FBI records on file with this court validate her claim.

This denial by this court of Dawn’s responsibility for her own violence has directly lead to further abuse of both **** and myself. Commissioner Schaller and Judy Murray are responsible for Dawn’s latest abuse. This claim, not surprisingly, does not come from me, but rather from Dawn herself. During the 6-8 hours full contact beating I endured, Dawn herself shouted over and over again “The court and psychologist said that my violence is situational. It’s not my fault. It’s your (Nyles’) f*cking fault.” And so, with Dawn’s perception that she had the court’s blessing, I was beaten severely for 6-8 hours, in what the Korean Police described as the most violent event to ever occur at Incheon Airport, a major international airport serving millions of travelers per year. (A video of the very start of this unprovoked attack is available to the court. A motion allowing its entry as CD/DVD based evidence is pending in this court and show’s ****, absolutely hysterical, begging his mother to stop with no effect, his well being totally ignored) ****, our 8 year old son, was starved for 3 days (again according to Dawn herself), and Dawn insisted that **** be placed in an isolation cell by the police in an effort to avoid arrest by the Korean authorities. (an arrest never occurred, the Korean police claiming that this was “an American problem” Though a large area of the transit corridor was cordoned off to allow the assault to proceed.

Dawn Bauer credits Commissioner Schaller and Court Investigator, and acting GAL, Judy Murray with facilitating this extensive and easily foreseeable abuse (based on a decade of self-admitted abuse by Dawn Bauer herself) against our 8 year old son and myself. I do agree with her in this matter.

I have pleaded with this court for protection from violence for both my son and I from Dawn. This basic civil right has been repeatedly denied or afforded anemically and ineffectually by this court, Commissioner Schaller and Judy Murray, as can be plainly seen in this, only the latest violent events in an ongoing saga which clearly could have been prevented by this court, but were not.

I am once again asking that Commissioner Christine Schaller recuse herself from this case and remove Judy Murray from this case and Judy’s testimony and reports from the case records.




Dated this 22nd day of June, 2011                                                                                                 
                                                                                       Nyles Bauer
                                                                                       Respondent

                                                                                       
                                                                                       Olympia, WA .