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!

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