Why indeed? Check out the statistics. Most parental child killers are in fact fathers. And notice that in many of these cases there is a history of domestic violence, and that the murders often take when the mother is trying to separate from the abusive father and/or during child visitation.
http://www.voice-online.co.uk/content.php?show=19004
Why would a dad kill his kids?
Merissa Richards
IT'S A disturbing statistic. Nearly 70 percent of all the children who die as a result of murder or manslaughter in the UK lose their lives at the hands of a parent. In most cases the killer is their father.
Most recently, the shocking case of Jean Francis Say hit the headlines. It is alleged that the 61-year-old father from the Ivory Coast stabbed his two children to death in their south London flat before calling his ex-wife, who informed the police.
It was reported that retired concierge and part-time football steward Say was found by detectives sitting calmly beside the bodies of his children, 10-year-old son Rolls and eight-year-old daughter Regina.
Say, who had the children for the weekend, was arrested at the scene and later charged with the youngsters’ murders.
In an interview with the Evening Standard, the children’s mother, Adjoua Say, broke down in tears saying "My children, my children. It is too horrible," distraught at the deaths.
Horrifying as the Say case is, it is not, unfortunately, uncommon.
In April last year, a jealous father, who filmed a farewell video of his two young children before murdering them, was jailed for life.
Petros Williams, 37, a finance officer from Manchester, was given a minimum prison term of 28 years for killing his son Theo, two, and daughter Yolanda, four, in a "spiteful reaction" to the breakdown of his marriage.
The sadistic father strangled them with internet cables because he heard his wife, 30-year-old Morengoe Molemohi, known as Mo, was chatting to men on dating websites.
He left a chilling note for his wife, which read: ‘Mo, use the internet as much as you like, luv (sic) Petros.’
Another note read: ‘Mummy decided to leave us for a new boyfriend.’
The devastated mother expressed how the painful memory of her children’s deaths would forever be etched in her mind.
Mo said: “In the months that have passed since the children died, the effect upon my life has been tremendous. I know that it will continue to impact upon me for the rest of my life, and I also know that the pain will never go away.
She added: “Try to imagine the panic, the isolation and the sense of uselessness in those moments, as I realised that my most precious children needed me the most and I was unable to save them.”
In October 1999, Peter Stafford, 30, from Birmingham, stabbed his wife and three children before hanging himself from a banister in the family home. This month a jury found 26-year-old Ryan Leslie guilty of murdering Cameron Jay Leslie, who was just 14 weeks old when he died in hospital on September 6, 2008, after suffering severe injuries to several parts of his body
So why would a father murder his own child?
Associate professor Christine Harrison from the School of Health and Social Studies at Warwick University revealed that there is increasing anecdotal evidence which shows that cases such as these are becoming more frequent.
Harrison said: “Research that was done in the UK a couple of years ago found that in a sizable proportion of cases involving fathers killing their own children there is a history of domestic violence and escalating violence.”
She says prevention strategies involve being able to recognise early on where there is conflict.
“Post separation can cause lethal violence, and some women get to the point where there’s a problem if they stay and a problem if they go. So they’ll probably need legal advice and voluntary sector support in order to ensure that their children are safe and remain safe,” she told The Voice.
Dr Kevin Browne, a professor of forensic and family psychology at the University of Nottingham, says many family homicides occur in certain set patterns, and one of these patterns is an acrimonious divorce.
“Where the violent man tends to take revenge because he’s separated from his family and his children,” he said. “One third of all family homicides happen after separation.”
“The warning signs are mental illness, personality disorder and history of violence in the past; those are the main significant finds. Also, sometimes they are unable to cope, which often leads to a father losing his temper.”
Experts who have studied the issue claim there are noticeable differences in the mindset of men and women who kill their kids. Women are usually mentally ill, often suffering from postnatal depression. Men tend to be struggling with emotions of jealousy, anger, revenge and hatred.
Dr Alex Yellowlees, consultant psychiatrist and medical director of the Priory Hospital in Glasgow said in a Guardian article: “Most men and woman go through life experiencing distressing circumstances such as relationship breakdowns or financial problems, and they have developed strategies to deal with them.
“But there are people, less functional people, who have not developed those coping skills. They have very low self-esteem. They are almost always very controlling and are less able to handle rejection. They cannot talk about it - it is as if they have failed - and they simply cannot accept it. They feel utterly humiliated and respond with the ultimate act of revenge - if I can't have you, no one can. They know that she will suffer for the rest of her life if he kills the children and leaves her alive.”
For mothers like Adjoua Say and Morengoe Molemohi the reasons their partners killed their children will probably count for little. They will live with the lifetime pain of having their flesh and blood taken from them in such a cruel and senseless manner. But for society, being aware of the warning signs could prove to be of vital importance in preventing future tragedies.
Thursday, February 24, 2011
Single dad arrested for fathering kids with daughter (Vassoura de Botao, Brazil)
UNNAMED DAD has been arrested on allegations he fathered two children with his own daughter. It appears that the daughter has been locked up for 12 years by Daddy Dearest--shortly after her own mother "disappeared." The daughter has been lead to believe that the mother "abandoned" her and her siblings to this abuser. That may be. It is also likely that she met some other fate in the hands of a man like this. Wouldn't be the first time a domestic "disappearance" was actually a murder.
http://www.edmontonjournal.com/Brazilian+held+fathering+kids+with+daughter/4337138/story.html
Brazilian held for fathering kids with daughter
Agence France-Presse February 24, 2011
A 50-year-old Brazilian man has been arrested on allegations he fathered two children with his own daughter, whom he was said to have kept locked up for 12 years, media reported Wednesday.
The 26-year-old daughter was freed Tuesday by police who received an anonymous tipoff in the remote northeastern town of Vassoura de Botao.
"The victim said she and her four siblings were abandoned by their mother when she was 11, and from the age of 14 she was kept locked up and suffered abuse from her father," police chief Leonardo do Nascimento Diniz said. "At 22 she had her first daughter from the forced relations with her father and then, last year, she had another baby," he said.
The arrested man has confessed to the crime, Diniz said.
One child was found with the freed woman. The other was given to another family to look after.
http://www.edmontonjournal.com/Brazilian+held+fathering+kids+with+daughter/4337138/story.html
Brazilian held for fathering kids with daughter
Agence France-Presse February 24, 2011
A 50-year-old Brazilian man has been arrested on allegations he fathered two children with his own daughter, whom he was said to have kept locked up for 12 years, media reported Wednesday.
The 26-year-old daughter was freed Tuesday by police who received an anonymous tipoff in the remote northeastern town of Vassoura de Botao.
"The victim said she and her four siblings were abandoned by their mother when she was 11, and from the age of 14 she was kept locked up and suffered abuse from her father," police chief Leonardo do Nascimento Diniz said. "At 22 she had her first daughter from the forced relations with her father and then, last year, she had another baby," he said.
The arrested man has confessed to the crime, Diniz said.
One child was found with the freed woman. The other was given to another family to look after.
Dad accused of molesting two children waives hearing (Livingston County, Michigan)
UNNAMED DAD is charged with sexually abusing both his son and daughter over a period of 5 to 6 years. No mention of a mother in the home. Notice that there are also child porn charges.
INVISIBLE MOTHER ALERT.
http://www.livingstondaily.com/article/20110224/NEWS01/102240320/Court-Docket-Party-ends-in-charges-for-man
Accused molester waives hearing
A Howell-area father accused of molesting his children will head to trial after he waived a preliminary exam Wednesday, sending his case to Circuit Court.
Police allege the 51-year-old father molested his son and daughter, then both under age 13, for a period of about five years or six years. No new court dates were immediately known Wednesday.
The father, who is being held in the Livingston County Jail without bond, is charged with five counts of first-degree criminal sexual conduct, which includes an allegation of penetration. He also is charged with four counts of second-degree CSC and two counts of third-degree CSC/incest.
The father also is charged with two counts of child sexual abusive commercial activity for allegedly taking inappropriate photographs of his children.
Police did not release additional details, but did confirm that they are conducting a forensic review of the father's computer and related media devices.
INVISIBLE MOTHER ALERT.
http://www.livingstondaily.com/article/20110224/NEWS01/102240320/Court-Docket-Party-ends-in-charges-for-man
Accused molester waives hearing
A Howell-area father accused of molesting his children will head to trial after he waived a preliminary exam Wednesday, sending his case to Circuit Court.
Police allege the 51-year-old father molested his son and daughter, then both under age 13, for a period of about five years or six years. No new court dates were immediately known Wednesday.
The father, who is being held in the Livingston County Jail without bond, is charged with five counts of first-degree criminal sexual conduct, which includes an allegation of penetration. He also is charged with four counts of second-degree CSC and two counts of third-degree CSC/incest.
The father also is charged with two counts of child sexual abusive commercial activity for allegedly taking inappropriate photographs of his children.
Police did not release additional details, but did confirm that they are conducting a forensic review of the father's computer and related media devices.
Death of 3-year-old boy ruled homicide; murder took place during weekend custody with father (Nashua, New Hampshire)
Yet another poor child "allegedly" murdered by his father during weekend custody time. Notice that we still have an UNNAMED DAD here. Elsewhere, he is being identified as SHAWN GANLEY.
http://www.myfoxboston.com/dpp/news/crime_files/crime_watch/death-of-3-year-old-boy-ruled-homicide-20110224
Death of 3-year-old boy ruled homicide
Updated: Thursday, 24 Feb 2011, 11:02 AM EST
Published : Thursday, 24 Feb 2011, 10:58 AM EST
Nikoletta Banushi
Web Producer
NASHUA, N.H. (FOX 25 / MyFoxBoston.com) - The death of a 3-year-old boy in Nashua, N.H., has been ruled a homicide, New Hampshire Attorney General Michael A. Delaney and Nashua Police Chief Donald F. Conley announced today.
Christian Jackson was rushed to the Southern New Hampshire Medical Center from a home on Chestnut Street on Saturday night. He was pronounced dead on Sunday.
New Hampshire's Deputy Chief Medical Examiner, Dr. Jennie D. Duval, completed an autopsy on February 21 and determined that the cause of the boy's death was blunt force trauma.
The child's great aunt Lisa Dorval told FOX 25 Christian was in the custody of his father over the weekend.
The victim's family set up the Christian Jackson Fund, held by Jennifer Dorval at the TD Bank branch at 191 Main St., to help pay for the funeral expenses.
http://www.myfoxboston.com/dpp/news/crime_files/crime_watch/death-of-3-year-old-boy-ruled-homicide-20110224
Death of 3-year-old boy ruled homicide
Updated: Thursday, 24 Feb 2011, 11:02 AM EST
Published : Thursday, 24 Feb 2011, 10:58 AM EST
Nikoletta Banushi
Web Producer
NASHUA, N.H. (FOX 25 / MyFoxBoston.com) - The death of a 3-year-old boy in Nashua, N.H., has been ruled a homicide, New Hampshire Attorney General Michael A. Delaney and Nashua Police Chief Donald F. Conley announced today.
Christian Jackson was rushed to the Southern New Hampshire Medical Center from a home on Chestnut Street on Saturday night. He was pronounced dead on Sunday.
New Hampshire's Deputy Chief Medical Examiner, Dr. Jennie D. Duval, completed an autopsy on February 21 and determined that the cause of the boy's death was blunt force trauma.
The child's great aunt Lisa Dorval told FOX 25 Christian was in the custody of his father over the weekend.
The victim's family set up the Christian Jackson Fund, held by Jennifer Dorval at the TD Bank branch at 191 Main St., to help pay for the funeral expenses.
Dad may be on trial date next month; charged with beating 8-year-old son nearly to death with baseball bat (Redding, California)
We've reported on this case before. Dad GEOFFREY SCOTT KELLY has now given up his right to a preliminary hearing. Daddy is accused of beating his 8-year-old son nearly to death with an aluminum baseball bat. This POS attacked this boy when he was sleeping. Unfreaking believable. And though the boy has survived, he faces serious disabilities and health issues, including brain injuries and paralysis. Note that Daddy has a violent criminal history as well.
http://www.redding.com/news/2011/feb/23/father-beaten-boy-may-get-trial-date-set-next-mont/
Father of beaten boy may get trial date set next month
By Record Searchlight staff
Record Searchlight
Posted February 23, 2011 at 3:06 p.m., updated February 23, 2011 at 3:06 p.m.
A Redding man accused of beating his 8-year-old son nearly to death with an aluminum baseball bat gave up his legal right to a preliminary hearing today.
Geoffrey Scott Kelly, who earlier this month was deemed mentally competent to stand trial in Shasta County Superior Court, has pleaded not guilty to two felony counts of attempted murder and child abuse, as well as a series of special enhancements.
Kelly, 53, potentially faces life in prison if convicted of the charges against him. His trial date may be set on March 14.
Although Kelly has been found mentally fit to stand trial following a mental health evaluation, his appointed Redding defense attorney said today that he has not ruled out an insanity defense for him.
“Mental health is still at issue in the case,” said attorney Adam Ryan.
Redding police officers were called to Kelly’s California Street apartment on Jan. 5 after receiving reports of a bleeding and unconscious boy who had been attacked there while he was sleeping.
Police said that Kelly told them he snapped and twice hit the boy with the bat, according to a police report released last month.
“I lost it,” Kelly reportedly told an officer. “I just lost it.”
The boy, who at one point had been listed in critical condition at U.C. Davis Medical Center in Sacramento, has shown improvement and is now listed in fair condition.
Shasta County Deputy District Attorney Curtis Woods, who is prosecuting Kelly, said today that the boy is “responding to outside stimuli” and has some movement in his fingers and arms, but not his legs.
He said it’s not known if the child will recover from his paralysis.
“They have no idea what’s in store for him,” he said.
Among the enhancements filed against Kelly is one claiming he caused great bodily injury, including brain injury and paralysis, to his son.
Although police have said Kelly has admitted to hitting the boy with the baseball bat, his mental state at the time of the alleged beating would be the key factor should the case go to trial.
“I don’t know what was going through his mind,” Woods said.
Before the alleged attack, the Redding police report said, Kelly told his wife that he believed the Mafia was out to get him. She told police he had been acting “weird.”
The boy’s mother, identified as Heather Sieglock, told police she woke up shortly before 7 a.m., on Jan. 5 and found her husband sitting in a living room chair holding the baseball bat, which they kept for protection.
When she asked him why he was sitting there holding a bat, Kelly did not reply, the police report said, and she returned to bed.
Their son, she told police, slept in a purple sleeping bag beside their bed, and she woke up after hearing a noise. She said she saw Kelly standing over their bleeding son holding the bat.
Sieglock said she frantically picked up the boy and was carrying him toward the home’s front door when Kelly again hit the boy in the head with the bat, the police report said. Kelly did not speak during the entire time, the report said.
She then began yelling for help and ran to a neighbor’s home, the report said.
Kelly, who police have said has a criminal history that includes willful injury to a child in Santa Clara County in the late 1980s and several assault charges, shoved a knife into his own chest during a confrontation last year with police in which he was arrested for threatening officers with a hammer.
http://www.redding.com/news/2011/feb/23/father-beaten-boy-may-get-trial-date-set-next-mont/
Father of beaten boy may get trial date set next month
By Record Searchlight staff
Record Searchlight
Posted February 23, 2011 at 3:06 p.m., updated February 23, 2011 at 3:06 p.m.
A Redding man accused of beating his 8-year-old son nearly to death with an aluminum baseball bat gave up his legal right to a preliminary hearing today.
Geoffrey Scott Kelly, who earlier this month was deemed mentally competent to stand trial in Shasta County Superior Court, has pleaded not guilty to two felony counts of attempted murder and child abuse, as well as a series of special enhancements.
Kelly, 53, potentially faces life in prison if convicted of the charges against him. His trial date may be set on March 14.
Although Kelly has been found mentally fit to stand trial following a mental health evaluation, his appointed Redding defense attorney said today that he has not ruled out an insanity defense for him.
“Mental health is still at issue in the case,” said attorney Adam Ryan.
Redding police officers were called to Kelly’s California Street apartment on Jan. 5 after receiving reports of a bleeding and unconscious boy who had been attacked there while he was sleeping.
Police said that Kelly told them he snapped and twice hit the boy with the bat, according to a police report released last month.
“I lost it,” Kelly reportedly told an officer. “I just lost it.”
The boy, who at one point had been listed in critical condition at U.C. Davis Medical Center in Sacramento, has shown improvement and is now listed in fair condition.
Shasta County Deputy District Attorney Curtis Woods, who is prosecuting Kelly, said today that the boy is “responding to outside stimuli” and has some movement in his fingers and arms, but not his legs.
He said it’s not known if the child will recover from his paralysis.
“They have no idea what’s in store for him,” he said.
Among the enhancements filed against Kelly is one claiming he caused great bodily injury, including brain injury and paralysis, to his son.
Although police have said Kelly has admitted to hitting the boy with the baseball bat, his mental state at the time of the alleged beating would be the key factor should the case go to trial.
“I don’t know what was going through his mind,” Woods said.
Before the alleged attack, the Redding police report said, Kelly told his wife that he believed the Mafia was out to get him. She told police he had been acting “weird.”
The boy’s mother, identified as Heather Sieglock, told police she woke up shortly before 7 a.m., on Jan. 5 and found her husband sitting in a living room chair holding the baseball bat, which they kept for protection.
When she asked him why he was sitting there holding a bat, Kelly did not reply, the police report said, and she returned to bed.
Their son, she told police, slept in a purple sleeping bag beside their bed, and she woke up after hearing a noise. She said she saw Kelly standing over their bleeding son holding the bat.
Sieglock said she frantically picked up the boy and was carrying him toward the home’s front door when Kelly again hit the boy in the head with the bat, the police report said. Kelly did not speak during the entire time, the report said.
She then began yelling for help and ran to a neighbor’s home, the report said.
Kelly, who police have said has a criminal history that includes willful injury to a child in Santa Clara County in the late 1980s and several assault charges, shoved a knife into his own chest during a confrontation last year with police in which he was arrested for threatening officers with a hammer.
Dad's kidnapping pretrial moved to March (Adrian, Michigan)
JOHN SKELTON was the daddy who claimed he handed off his three sons to some woman. Then it was to some mysterious "organization." In reality, it is most likely these children are no longer with us. Reminds me of DAN PORTER and all the games he played regarding his missing children.
http://www.foxtoledo.com/dpp/news/local/Skelton-kidnapping-pretrial-moved-to-March-9
Skelton kidnapping pretrial moved to March 9
Updated: Wednesday, 23 Feb 2011, 10:46 PM EST
Published : Wednesday, 23 Feb 2011, 10:45 PM EST
ADRIAN, Mich. (WUPW) - John Skelton's parental kidnapping case pretrial hearing in Lenawee County Circuit Court scheduled for Feb. 23, has been moved to Wednesday, March 9.
It is the second such delay in the case of Andrew, Alexander and Tanner Skelton, three Morenci, Mich., brothers who were last seen three months ago on Nov. 25, 2010, Thanksgiving.
http://www.lenconnect.com/topstories/x345548528/Life-prison-charges-added-in-John-Skelton-missing-boys-prosecution
Life prison charges added in John Skelton missing boys prosecution
Charges of kidnapping and unlawful prisonment have been added in the prosecution of John Skelton of Morenci over the disappearance of his three sons.
By Dennis Pelham
Daily Telegram
Posted Feb 23, 2011 @ 07:37 PM
Last update Feb 23, 2011 @ 07:39 PM
ADRIAN, Mich. — Prosecutors are wielding a bigger stick in the criminal case against a Morenci father charged in the Thanksgiving disappearance of his three sons.
Kidnapping and unlawful imprisonment counts have been added to the parental kidnapping counts filed against 39-year-old John Skelton in December. Skelton now faces a maximum of three life prison terms if convicted instead of a one-year sentence.
Skelton failed to return his sons, Andrew, 9, Alexander, 7, and Tanner, 5, to his wife, Tanya Skelton, after a Thanksgiving visit. The couple are divorcing. Skelton has claimed he turned the boys over to an “organization” for protection. Morenci Police Chief Larry Weeks has discounted the claim and announced Feb. 1 the focus of the investigation has changed from a missing persons case to homicide.
A hearing where the new charges against Skelton would have been addressed was adjourned Wednesday in Lenawee County Circuit Court at the request of public defender John Glaser.
Glaser said Wednesday he needed more time to go through additional reports submitted by Morenci police before meeting with Skelton to decide what steps to take next.
“I’ve gotten quite a lengthy supplemental police report,” Glaser said.
A decision could be reached before a rescheduled March 9 hearing date set by Judge Margaret M.S. Noe.
Glaser said it will be up to Skelton to decide if he wants to proceed with setting a trial date in circuit court. The other option is to remand the case back to district court for a preliminary examination where the prosecution would have to present evidence to support the new charges.
“He has a right to take it back to a preliminary examination process,” Glaser said.
Lenawee County Prosecutor Jonathan Poer agreed it is up to the defense at this point to decide how to proceed.
Poer declined to comment on what new information has come from the Morenci police investigation that convinced him to file more serious charges.
“They have submitted additional reports,” Poer said.
Language in the document charging Skelton with kidnapping the three boys states that he restrained each one “with the intent to take that person outside of this state.”
Poer said he cannot say where Skelton allegedly took them or what happened to them.
“It is an ongoing investigation,” Poer said.
Searches were conducted in several Ohio communities near Morenci when large groups of volunteers combed rural areas shortly after Thanksgiving for signs of the missing boys.
http://www.foxtoledo.com/dpp/news/local/Skelton-kidnapping-pretrial-moved-to-March-9
Skelton kidnapping pretrial moved to March 9
Updated: Wednesday, 23 Feb 2011, 10:46 PM EST
Published : Wednesday, 23 Feb 2011, 10:45 PM EST
ADRIAN, Mich. (WUPW) - John Skelton's parental kidnapping case pretrial hearing in Lenawee County Circuit Court scheduled for Feb. 23, has been moved to Wednesday, March 9.
It is the second such delay in the case of Andrew, Alexander and Tanner Skelton, three Morenci, Mich., brothers who were last seen three months ago on Nov. 25, 2010, Thanksgiving.
http://www.lenconnect.com/topstories/x345548528/Life-prison-charges-added-in-John-Skelton-missing-boys-prosecution
Life prison charges added in John Skelton missing boys prosecution
Charges of kidnapping and unlawful prisonment have been added in the prosecution of John Skelton of Morenci over the disappearance of his three sons.
By Dennis Pelham
Daily Telegram
Posted Feb 23, 2011 @ 07:37 PM
Last update Feb 23, 2011 @ 07:39 PM
ADRIAN, Mich. — Prosecutors are wielding a bigger stick in the criminal case against a Morenci father charged in the Thanksgiving disappearance of his three sons.
Kidnapping and unlawful imprisonment counts have been added to the parental kidnapping counts filed against 39-year-old John Skelton in December. Skelton now faces a maximum of three life prison terms if convicted instead of a one-year sentence.
Skelton failed to return his sons, Andrew, 9, Alexander, 7, and Tanner, 5, to his wife, Tanya Skelton, after a Thanksgiving visit. The couple are divorcing. Skelton has claimed he turned the boys over to an “organization” for protection. Morenci Police Chief Larry Weeks has discounted the claim and announced Feb. 1 the focus of the investigation has changed from a missing persons case to homicide.
A hearing where the new charges against Skelton would have been addressed was adjourned Wednesday in Lenawee County Circuit Court at the request of public defender John Glaser.
Glaser said Wednesday he needed more time to go through additional reports submitted by Morenci police before meeting with Skelton to decide what steps to take next.
“I’ve gotten quite a lengthy supplemental police report,” Glaser said.
A decision could be reached before a rescheduled March 9 hearing date set by Judge Margaret M.S. Noe.
Glaser said it will be up to Skelton to decide if he wants to proceed with setting a trial date in circuit court. The other option is to remand the case back to district court for a preliminary examination where the prosecution would have to present evidence to support the new charges.
“He has a right to take it back to a preliminary examination process,” Glaser said.
Lenawee County Prosecutor Jonathan Poer agreed it is up to the defense at this point to decide how to proceed.
Poer declined to comment on what new information has come from the Morenci police investigation that convinced him to file more serious charges.
“They have submitted additional reports,” Poer said.
Language in the document charging Skelton with kidnapping the three boys states that he restrained each one “with the intent to take that person outside of this state.”
Poer said he cannot say where Skelton allegedly took them or what happened to them.
“It is an ongoing investigation,” Poer said.
Searches were conducted in several Ohio communities near Morenci when large groups of volunteers combed rural areas shortly after Thanksgiving for signs of the missing boys.
Wednesday, February 23, 2011
Judge refuses to recuse self in child custody case (Bad Axe, Michigan)
This kind of case happens more often than not. This kind of judicial bias is very difficult to fight, and in a perfect world, judges would avoid even the appearance of bias by simply recusing themselves voluntarily. Frankly, Judge M. Richard Knoblock should do the right thing and pull himself out. Then maybe the merits of this case will be decided on the facts, rather than the possibility that Judge is peeved because he didn't get a pay raise.
http://www.michigansthumb.com/articles/2011/02/23/news/local_news/doc4d6502c370eef742034124.txt
Knoblock won’t recuse self from Kim Damrow case
Published: Wednesday, February 23, 2011 10:51 AM EST
By Kate Hessling
Tribune Staff Writer
BAD AXE — Kim Damrow and her attorney made it clear Tuesday they will appeal Huron County Circuit Court Judge M. Richard Knoblock on Tuesday denial of a motion to disqualify himself from Damrow’s custody case.
And the State Court Administrator’s Office, which is the administrative office of the Michigan Supreme Court, already has been contacted by the county circuit court office to request a judge to oversee a second hearing for a motion to disqualify Knoblock from the case, which involves Damrow’s ex-husband, Dustin J. Noworyta, seeking parenting time of their 4-year-old son, Boden.
Though the case is between Damrow and Noworyta, Damrow seeks to disqualify the judge because she claims he is biased against her because she is married to 84th District State Rep. Kurt E. Damrow.
In her opening statement during Tuesday’s motion hearing, Kim Damrow’s attorney, Nicole Saady, of Grosse Pointe, outlined a number of reasons for disqualification. She noted those reasons do not have to prove an actual bias exists — just that the facts and evidence would lead a reasonable person to believe the judge may be tempted to be partial.
What followed were hours of testimony during Tuesday’s hearing regarding the motion to dismiss Knoblock from the case, which is based on two claims: 1.) Knoblock is biased against Kim Damrow because Kurt Damrow instigated an investigation into a Huron County Friend of the Court (FOC) employee and attempted to create a Community Advisory Council to mediate grievances between the public and the FOC; and 2.) Kurt Damrow, while serving on the Huron County Board of Commissioners, denied the judge’s request to raise the pay of the circuit court administrator.
Saady, on behalf of the plaintiff, Kim Damrow, also argued Knoblock showed prejudice by predetermining the results of child’s mental health exam when he said, during a prior hearing, that Kim Damrow is poisoning the child’s mind.
Knoblock said he still feels that she is poisoning the child’s mind, however, it’s not a determination — it’s an observation he made, and he subsequently ordered the child be evaluated, as it was clear from the child’s pediatrician that the child was suffering from severe anxiety.
Saady argued the court, during more than one occasion, has been told the defendant has not turned over requested mental health records. In doing so, it showed the appearance of bias when Knoblock made the statements predetermining Kim Damrow’s guilt without having looked at Noworyta’s mental health records, she said.
Noworyta’s attorney, Duane Cubitt, of Bad Axe, said both Noworyta and Kim Damrow previously underwent psychological evaluations, and the evaluator looked at Noworyta’s mental health records prior to making her opinion. That opinion stated there is no reason why his client should not be allowed parenting time, Cubitt said.
After being separated from his child from quite some time, Noworyta filed a motion seeking visitation that he’s entitled to by law, Cubitt said. The court then set up visitations to reacquaint the child with his father, which were for a few hours and were supervised by Kim Damrow. After some time, the visitations were without Kim Damrow, but supervised by Noworyta’s grandmother or mother. Then the supervisions became longer and eventually included alternating weekends, Cubitt said.
“I have a hard time (seeing) how Mrs. Damrow believes she has been treated unfairly,” he said, noting there’s no proof in the court record that Noworyta is an unfit parent.
He said he has offered to release Noworyta’s records to the plaintiff, so long as legal counsel signs a protective order. Without that, he said, he fears Kim Damrow would post the records on Facebook.
Discrepancy in recollections of pay issue
The plaintiff’s assertions that Knoblock is biased against Kim Damrow because of a pay issue stems back from when Kurt Damrow served as commissioner. Knoblock, along with Huron County District Court Judge David B. Herrington and Huron County Probate Court Judge David L. Clabuesch, had objected to a wage study that proposed having discrepancies between the way the court administrators are paid.
Prior to the new wage study, the administrators were paid equally. Per the study, the district administrator would be paid the most, followed by the probate administrator and then the circuit court administrator.
According to testimony from Damrow and former Huron County Commissioner Jim Leonard, who previously chaired the Personnel Committee, the judges met with the committee to discuss their concerns and then left the room to allow the committee to discuss the matter privately.
Leonard said the committee decided to adhere to the study’s recommendations, as the county spent a large amount of money on the wage study and wanted to follow its recommendations. The committee recommended its decision to the full board of commissioners for approval, and the full board voted to adopt the system.
The vote was followed by a letter, signed by all three judges, that opens with Knoblock stating he was shocked and appalled by the vote because he was lead to believe the wages for the three court administrators would be equal. That is because of a conversation he said he had with Kurt Damrow and Clabuesch in his chambers following the Personnel Committee meeting, where Kurt Damrow said something along the lines of “everything is taken care of” and the salaries would be adjusted.
But, during Tuesday’s hearing, Kurt Damrow denied stating anything of the sort. He also denied ever meeting with Clabuesch in Knoblock’s chambers.
Though he did not testify Tuesday, Clabuesch told the Tribune earlier this month that there was, in essence, an agreement, and the agreement didn’t carry through, for whatever reason.
“I was certainly there for part of it (the meeting in Knoblock’s chambers), because I remember (Kurt Damrow) stuck his head in after the meeting and said, “It’s all taken care of,’” Clabuesch previously told the Tribune.
Knoblock referred to the above discussion in his chambers and, reminding Damrow that he is under oath, Knoblock flat out asked whether Damrow remembered saying something along the lines of “everything’s taken care of” to Clabuesch and himself.
Damrow replied that he isn’t saying he didn’t say it, he just doesn’t remember stating those words.
Kurt Damrow testifies about attempt to create CAC
During his testimony, Kurt Damrow said in his two years on the board, he never saw a reaction from his commissioner counterparts like he did the day he proposed entertaining the idea to create a Community Advisory Council (CAC), which would mediate grievances between the public and Huron County FOC.
“Everyone seemed scared,” Kurt Damrow said, as he explained the group was silenced by David Peruski, who was the board chairman at the time and said the discussion would have to wait until Knoblock could join the discussion.
Kurt Damrow said it is a common practice for judges and department heads to attend meetings, but this seemed different because this was not to the point where a department head or judge would join the discussion.
Huron County Commissioner Steve Vaughan testified about that meeting, noting the chair did stop the meeting to have the judge called into the room before any further discussion was held.
He said while it’s not unusual for department heads to join the board, they usually have a request to make of the board. In this instance, the board didn’t know what Knoblock’s part of the discussion would be. As a result, the board was quiet and tentatively waiting.
When asked whether he was scared, Vaughan said the board members were all curious as to how the d iscussion would go.
“I wasn’t scared,” Vaughan said, adding he was inquisitive of why the judge had to be there before any other discussion could be held.
During that discussion, according to testimony and court records, Knoblock said he was neither for or against the creation of a CAC, however, he believed it would be a waste of money.
Saady claimed it would take some authority and power from the judge, who currently is the one to review grievances from Friend of the Court.
Knoblock countered that a CAC would have no ultimate authority — just the power to review and make recommendations — and the ultimate decision still would stay with him.
Cubitt argued because the judge was neither for or against the creation of the CAC, it does not make him biased that Kurt Damrow proposed the idea. He said it takes a majority of the board to create the committee, and no vote was ever taken to do so.
Kim Damrow takes the stand
During Kim Damrow’s testimony, there were a variety of questions and issues that were addressed during prior hearings, particularly the plaintiff’s assertion the defendant has a history of physical and emotional abuse, is unstable and is a threat to the child’s safety.
When asked whether Kim Damrow believes Noworyta has changed his circumstances in any way since the visitation has been expanded, she said, “not at all.”
Cubitt countered that this is all past evidence, and there’s no requirement stating circumstances have to change in order to change parenting time.
Saady disagreed, and countered that if there are mental health records missing, it puts the child in danger and is not in the best interest of the child.
She then asked Kim Damrow whether she feels she was treated fairly throughout the court proceeds, and Kim Damrow said she does not. She then asked whether the judge has treated the defendant fairly, and Kim Damrow answered, “I think he’s gone above and beyond.”
Knoblock denies plaintiff’s motion
Regarding the court administrator pay issue, Knoblock said he has disagreed with county commissioners before, but that has nothing to do with what he does in court, as he has a responsibility to be fair and just.
In his ruling, Knoblock explained Kurt Damrow’s Friend of the Court grievance and issues with Eric Goebel, of Friend of the Court, are red-herring issues involving the plaintiff’s husband.
In regard to the grievance, Knoblock questioned why Kurt Damrow’s interest didn’t crop up until after his wife’s case. He said when Kurt Damrow filed a grievance on behalf of his wife, he was notified he has no business doing so because it’s ethically improper to make factual assertions about an open case. When that happened, Kurt Damrow attempted to form a CAC and held a protest because he’s dissatisfied with the court’s decisions.
But the proper procedures were followed, and just decisions were made, Knoblock said. Sometimes, parties are not satisfied with a ruling and they attack the judge and/or attack the court system. But people can’t do those things to make a judge look prejudiced, he said.
He said this is his 33rd year on the circuit court bench and when he walks in, he’s not himself — he’s in a special spot that’s immune from prejudice and favoritism.
“That’s what I do — what I’ve done in this case,” he said, noting there’s absolutely no reason to remove himself from the case, and that’s why he’s denying the motion.
Another factor Knoblock noted had led to his decision is the motion to disqualify him from the case is not timely, as it has to be made within 14 days.
Knoblock said he is allowed to request the state assign a new judge to oversee a new hearing to consider a motion for Knoblock’s dismissal. Saady said her client will proceed with this appeal.
Knoblock still will oversee the case until a hearing is held by an assigned judge. If the judge sides with the plaintiff and grants the motion for dismissal, then Knoblock no longer will oversee the case. If the assigned judge agrees with Knoblock’s decision, Knoblock will remain on the case.
http://www.michigansthumb.com/articles/2011/02/23/news/local_news/doc4d6502c370eef742034124.txt
Knoblock won’t recuse self from Kim Damrow case
Published: Wednesday, February 23, 2011 10:51 AM EST
By Kate Hessling
Tribune Staff Writer
BAD AXE — Kim Damrow and her attorney made it clear Tuesday they will appeal Huron County Circuit Court Judge M. Richard Knoblock on Tuesday denial of a motion to disqualify himself from Damrow’s custody case.
And the State Court Administrator’s Office, which is the administrative office of the Michigan Supreme Court, already has been contacted by the county circuit court office to request a judge to oversee a second hearing for a motion to disqualify Knoblock from the case, which involves Damrow’s ex-husband, Dustin J. Noworyta, seeking parenting time of their 4-year-old son, Boden.
Though the case is between Damrow and Noworyta, Damrow seeks to disqualify the judge because she claims he is biased against her because she is married to 84th District State Rep. Kurt E. Damrow.
In her opening statement during Tuesday’s motion hearing, Kim Damrow’s attorney, Nicole Saady, of Grosse Pointe, outlined a number of reasons for disqualification. She noted those reasons do not have to prove an actual bias exists — just that the facts and evidence would lead a reasonable person to believe the judge may be tempted to be partial.
What followed were hours of testimony during Tuesday’s hearing regarding the motion to dismiss Knoblock from the case, which is based on two claims: 1.) Knoblock is biased against Kim Damrow because Kurt Damrow instigated an investigation into a Huron County Friend of the Court (FOC) employee and attempted to create a Community Advisory Council to mediate grievances between the public and the FOC; and 2.) Kurt Damrow, while serving on the Huron County Board of Commissioners, denied the judge’s request to raise the pay of the circuit court administrator.
Saady, on behalf of the plaintiff, Kim Damrow, also argued Knoblock showed prejudice by predetermining the results of child’s mental health exam when he said, during a prior hearing, that Kim Damrow is poisoning the child’s mind.
Knoblock said he still feels that she is poisoning the child’s mind, however, it’s not a determination — it’s an observation he made, and he subsequently ordered the child be evaluated, as it was clear from the child’s pediatrician that the child was suffering from severe anxiety.
Saady argued the court, during more than one occasion, has been told the defendant has not turned over requested mental health records. In doing so, it showed the appearance of bias when Knoblock made the statements predetermining Kim Damrow’s guilt without having looked at Noworyta’s mental health records, she said.
Noworyta’s attorney, Duane Cubitt, of Bad Axe, said both Noworyta and Kim Damrow previously underwent psychological evaluations, and the evaluator looked at Noworyta’s mental health records prior to making her opinion. That opinion stated there is no reason why his client should not be allowed parenting time, Cubitt said.
After being separated from his child from quite some time, Noworyta filed a motion seeking visitation that he’s entitled to by law, Cubitt said. The court then set up visitations to reacquaint the child with his father, which were for a few hours and were supervised by Kim Damrow. After some time, the visitations were without Kim Damrow, but supervised by Noworyta’s grandmother or mother. Then the supervisions became longer and eventually included alternating weekends, Cubitt said.
“I have a hard time (seeing) how Mrs. Damrow believes she has been treated unfairly,” he said, noting there’s no proof in the court record that Noworyta is an unfit parent.
He said he has offered to release Noworyta’s records to the plaintiff, so long as legal counsel signs a protective order. Without that, he said, he fears Kim Damrow would post the records on Facebook.
Discrepancy in recollections of pay issue
The plaintiff’s assertions that Knoblock is biased against Kim Damrow because of a pay issue stems back from when Kurt Damrow served as commissioner. Knoblock, along with Huron County District Court Judge David B. Herrington and Huron County Probate Court Judge David L. Clabuesch, had objected to a wage study that proposed having discrepancies between the way the court administrators are paid.
Prior to the new wage study, the administrators were paid equally. Per the study, the district administrator would be paid the most, followed by the probate administrator and then the circuit court administrator.
According to testimony from Damrow and former Huron County Commissioner Jim Leonard, who previously chaired the Personnel Committee, the judges met with the committee to discuss their concerns and then left the room to allow the committee to discuss the matter privately.
Leonard said the committee decided to adhere to the study’s recommendations, as the county spent a large amount of money on the wage study and wanted to follow its recommendations. The committee recommended its decision to the full board of commissioners for approval, and the full board voted to adopt the system.
The vote was followed by a letter, signed by all three judges, that opens with Knoblock stating he was shocked and appalled by the vote because he was lead to believe the wages for the three court administrators would be equal. That is because of a conversation he said he had with Kurt Damrow and Clabuesch in his chambers following the Personnel Committee meeting, where Kurt Damrow said something along the lines of “everything is taken care of” and the salaries would be adjusted.
But, during Tuesday’s hearing, Kurt Damrow denied stating anything of the sort. He also denied ever meeting with Clabuesch in Knoblock’s chambers.
Though he did not testify Tuesday, Clabuesch told the Tribune earlier this month that there was, in essence, an agreement, and the agreement didn’t carry through, for whatever reason.
“I was certainly there for part of it (the meeting in Knoblock’s chambers), because I remember (Kurt Damrow) stuck his head in after the meeting and said, “It’s all taken care of,’” Clabuesch previously told the Tribune.
Knoblock referred to the above discussion in his chambers and, reminding Damrow that he is under oath, Knoblock flat out asked whether Damrow remembered saying something along the lines of “everything’s taken care of” to Clabuesch and himself.
Damrow replied that he isn’t saying he didn’t say it, he just doesn’t remember stating those words.
Kurt Damrow testifies about attempt to create CAC
During his testimony, Kurt Damrow said in his two years on the board, he never saw a reaction from his commissioner counterparts like he did the day he proposed entertaining the idea to create a Community Advisory Council (CAC), which would mediate grievances between the public and Huron County FOC.
“Everyone seemed scared,” Kurt Damrow said, as he explained the group was silenced by David Peruski, who was the board chairman at the time and said the discussion would have to wait until Knoblock could join the discussion.
Kurt Damrow said it is a common practice for judges and department heads to attend meetings, but this seemed different because this was not to the point where a department head or judge would join the discussion.
Huron County Commissioner Steve Vaughan testified about that meeting, noting the chair did stop the meeting to have the judge called into the room before any further discussion was held.
He said while it’s not unusual for department heads to join the board, they usually have a request to make of the board. In this instance, the board didn’t know what Knoblock’s part of the discussion would be. As a result, the board was quiet and tentatively waiting.
When asked whether he was scared, Vaughan said the board members were all curious as to how the d iscussion would go.
“I wasn’t scared,” Vaughan said, adding he was inquisitive of why the judge had to be there before any other discussion could be held.
During that discussion, according to testimony and court records, Knoblock said he was neither for or against the creation of a CAC, however, he believed it would be a waste of money.
Saady claimed it would take some authority and power from the judge, who currently is the one to review grievances from Friend of the Court.
Knoblock countered that a CAC would have no ultimate authority — just the power to review and make recommendations — and the ultimate decision still would stay with him.
Cubitt argued because the judge was neither for or against the creation of the CAC, it does not make him biased that Kurt Damrow proposed the idea. He said it takes a majority of the board to create the committee, and no vote was ever taken to do so.
Kim Damrow takes the stand
During Kim Damrow’s testimony, there were a variety of questions and issues that were addressed during prior hearings, particularly the plaintiff’s assertion the defendant has a history of physical and emotional abuse, is unstable and is a threat to the child’s safety.
When asked whether Kim Damrow believes Noworyta has changed his circumstances in any way since the visitation has been expanded, she said, “not at all.”
Cubitt countered that this is all past evidence, and there’s no requirement stating circumstances have to change in order to change parenting time.
Saady disagreed, and countered that if there are mental health records missing, it puts the child in danger and is not in the best interest of the child.
She then asked Kim Damrow whether she feels she was treated fairly throughout the court proceeds, and Kim Damrow said she does not. She then asked whether the judge has treated the defendant fairly, and Kim Damrow answered, “I think he’s gone above and beyond.”
Knoblock denies plaintiff’s motion
Regarding the court administrator pay issue, Knoblock said he has disagreed with county commissioners before, but that has nothing to do with what he does in court, as he has a responsibility to be fair and just.
In his ruling, Knoblock explained Kurt Damrow’s Friend of the Court grievance and issues with Eric Goebel, of Friend of the Court, are red-herring issues involving the plaintiff’s husband.
In regard to the grievance, Knoblock questioned why Kurt Damrow’s interest didn’t crop up until after his wife’s case. He said when Kurt Damrow filed a grievance on behalf of his wife, he was notified he has no business doing so because it’s ethically improper to make factual assertions about an open case. When that happened, Kurt Damrow attempted to form a CAC and held a protest because he’s dissatisfied with the court’s decisions.
But the proper procedures were followed, and just decisions were made, Knoblock said. Sometimes, parties are not satisfied with a ruling and they attack the judge and/or attack the court system. But people can’t do those things to make a judge look prejudiced, he said.
He said this is his 33rd year on the circuit court bench and when he walks in, he’s not himself — he’s in a special spot that’s immune from prejudice and favoritism.
“That’s what I do — what I’ve done in this case,” he said, noting there’s absolutely no reason to remove himself from the case, and that’s why he’s denying the motion.
Another factor Knoblock noted had led to his decision is the motion to disqualify him from the case is not timely, as it has to be made within 14 days.
Knoblock said he is allowed to request the state assign a new judge to oversee a new hearing to consider a motion for Knoblock’s dismissal. Saady said her client will proceed with this appeal.
Knoblock still will oversee the case until a hearing is held by an assigned judge. If the judge sides with the plaintiff and grants the motion for dismissal, then Knoblock no longer will oversee the case. If the assigned judge agrees with Knoblock’s decision, Knoblock will remain on the case.
Subscribe to:
Posts (Atom)