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
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 .
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