Read this partial transcript from the court proceedings held on January 21, 2010 in Victorville, California. The judge is Robert Lemkau. The plaintiff is Katie Nagle, the infant's mother, and the defendant is STEPHEN GARCIA, the infant's father (the name is misspelled as Steven below).
You almost need a calculator to keep track of how many times Judge Lemkau smears the mother as a liar. Note that he expresses no interest in examining any of her claims or looking at any evidence she may have had. His mind is made up, and that's that.
Keep in mind that after Ms. Nagle's request for an ex parte hearing was denied, Mr. Garcia murdered their 9-month-old son during court-ordered visitation.
THE COURT: Number 2. Steven Garcia and Kathy Nagle.MS. TAGLE: It's Katie.
THE COURT: Okay, Good morning, ma'am. I'm very concerned. You are Kathy Tagle and you're Steven Garcia?
MR. GARCIA: I am.
THE COURT: And you have an ex parte request calendered for tomorrow which I am advancing to today. One of you is lying, and I'm very concerned. You already have a Family Court Services appearance on February the 2nd; is that correct?
MS. TAGLE: February 4th is our mediation date and March 3rd is our next court date that you --
THE COURT: Okay. I'm inclined to deny your ex parte request. I feel that, if you're lying to me, ma'am, there's going to be adverse consequences. Mr. Garcia claims it's total fabrication on your part, but I'm going to deny ex parte basis and you have mediation and you're back in court. All existing orders remain in full force and effect. I urge you to work out your -- you have visitation plans. I'm going to keep all existing orders in full force and effect. Yes, sir?
MR. GARCIA: I'm supposed to get by son back today at 10:000 and so far I've not seen him in two weeks or have been able to talk to him.
MS. TAGLE: The police officer --
THE COURT: I'm denying your request, ma'am. I think -- there's insuficient evidence in my mind. Mr. Garcia claims it's total fabrication on your part that this is -- but I'm going to leave all existing orders in full force and effect which means the visitation previously ordered which you agreed to, you had an agreement for visitation, which was on December the 14th; correct?
MR. GARCIA: Yes.
THE COURT: Okay. That's the order. That will remain in full force and effect. So he should have visitation.
MS. NAGLE: He didn't threaten to kill our son at that time, though and now he has.
THE COURT: Well, ma'am, there's a real dispute about whether that's even true or not. I'm going to deny ex parte basis. He claims this is a total fabrication on your part, that these email communications are total fabrication.
MS. NAGLE: He sent my mother a text message asking me to go the lake with him and Wyatt, and when I get home from work at 11:00 I have these e-mails saying that he's going to take his life and our son's life at the lake the next time he gets him, and if he doesn't do it that day, he will finish the job later and it says it in the story that he would kill our son with Benadryl, that he will put it in his juice bottle and kill him.
MR. GARCIA: Your Honor, I have a time line of all of the little stunts and games I'd like to show you that she's trying to keep me out of my son's life. She even brought her new boyfriend --
THE COURT: I'm going to deny it, ma'am. My suspicion is that you're lying, but I'm going to keep the custody orders in full force and effect. You're going to mediation, coming back to court. Okay. In any event your ex parte request is denied. Continue it to -- the next hearing is 3/1 and, sir, your ex parte request, I'm advancing it to today and I'm basically denying it as well, but I'm keeping all orders -- you had an agreement back in December. All orders remain in full force and effect, okay? Yes, sir.
MR. GARCIA: So it's my understanding you got my paperwork?
THE COURT: Yes, I did. I reviewed it and that's why I'm -- my supposition, ma'am, is that you're lying, but if I'm incorrect, you can always bring another ex parte motion but don't misrepresent the situation. If you're lying about this, there's going to be adverse consequences. My supposition is that you're lying. Yes, sir?
MR. GARCIA: Would you like the paperwork that I brought today?
THE COURT: Keep in in hand. In any event, so have your mediation date and come back to court. Okay. Thank you.
(Whereupon an adjournment was taken.)