Right now there have been 13 families that have come forward desperately seeking help and for justice. In Massachusetts, the system is failing to protect mothers and children from abuse and corruption is widespread.
Why 13? Why not? There are many many more cases but I do not have their information. Some are too afraid. Some we don’t know.
There is NO transparency in the Massachusetts family courts with certain judges granting custody to well documented abusers - judges who abuse discretion, abuse their power for personal agenda and for abusers to continue their domestic abuse by proxy and commit moral turpitude8. I am sure with an audit or investigation, you will find thousands of victims.
Why 13? They are cases that came to us and fell in our lap. ALL share close similarities that reflect patterns of a systemic bias against victims of abuse. There are so many more cases in Massachusetts in general, but because there is NO transparency in family court, not to mention the repercussions to our own families we
have endured as a result of the little information we have gathered so far.
Here is a bullet outline of what is happening in Massachusetts to hopefully make it easier to understand. Abusers have a canny way of muddying the waters so the average person, can't see what is in front of them:
- What do these cases share?
- About The judge
- Other Massachusetts Facts
- Why me?
- How I got involved
- About me outside my case
- Resources and More Information
What do these cases share?
- Involve mothers losing custody to well documented domestic abusers1
- Denied right to fair due process
- Involve same family court judge
- Threatened by judge in ways consistent with domestic violence by proxy, moral turiptude(8) & witness intimidation.
- Involve court appointed supervisors paid cash under the table (2)
- Involve restraining orders
- Involve financial abuse, emotional abuse, and psychological abuse by a judge
- Discriminated against by judge turning victimization into claiming “mental issues” w/o medical evidence.
- Many mothers are professional, college educated, middle class
- Involve the same DCF* office
- Involve the same DCF* investigator/worker regarding sexual molestation and/or inappropriate touching
- Bias admitted by Judge who recused himself after irreversible damage done.
- Denied access to court tapes or tapes altered omitting key evidence - Do we not have a civil right to these tapes?
- Involve sexual molestation or inappropriate touching
- Involve court ordered audio taping of phone conversations between mother and children by abusive fathers. (3)
- Involve devastating financial impact on mothers and children (4)
- Denied rights for victims to be allowed witness testimonies, to produce evidence, court investigation into abuse allegations, deposition or a trial and some blackmailed into dropping restraining orders as written in one divorce agreement in return for abuser not taking entire pension fund
- Involve court officials altering criminal court records
- At least one has had assault and battery evidence disappear from police department - Police admit mistake and Chief resigns within 30 days of complaint to town. Irreparable damage done to victims
- DCF has three domestic violence offices yet of all 13 cases, all 13 families were not
offered any domestic violence services by DCF. NOT one.
- At least one involves illegal wire tapping (5)
- Victims of Contumacious conduct (16)
About The Judge
- James V. Menno
- Associate Justice of the Plymouth Probate and Family Court since June 1995 and Brockton Family Court
- Key Note speaker for the father hood program for incarcerated fathers on how to gain visitation and custody (13)
- Association to Father of Massachusetts Organization (13)
- Grants custody to abusers with a well documented history of abuse (1)
- History of Recusing himself on DV cases after irreparable damage has been done
- Currently rendering orders consistent with abusing his power as a judge by violating many state, federal, and civil rights laws not to mention possible international human rights laws.
- Does not use qualified unbiased professionals (with training in domestic violence) to investigate abuse when determining custody.
- Denies children access to medical care despite medical evidence of molestation
- Allowed illegal wire tapping (5)
- Refuses to rule in the courtroom so an unofficial audit of his rulings can be tallied.
- Denies victims of abuse access to court tapes - direct violation of civil rights?
- Admitted bias in cases involving domestic abuse
- Punishing women claiming abuse by taking away custody, parental rights, sanctioning supervised visitations and harsh financial sanctions that render mothers too devastated to defend or fight back.
- Using GAL’s to investigate domestic abuse who lack training
- Mothers denied fair due process - some waiting 2+Yrs for hearings to be scheduled
- 2006 speaker Six & Under: The Magic years w/ Divorcing & Never-Married Parents (9)
- “Judge Menno has a special interest in child related matters and has been a frequent participant and lecturer in custody, visitation, and high conflict seminars sponsored by numerous family law organizations” including Massachusetts Chapter AFCC.
- Alimony in role with child support guidelines (10)
- Court Orders render harm of the family structure and support as seen by denying grandparent’s rights (11)
- Professor: Law and morality (14)
- Allows unlawful visitation interference between mother and child (15) (16)
- Maliciously prosecutes mothers for leaving their abuser to protect her children
- Questioning - judge’s abuse of power and discretion for personal gain and agenda.
- Is Judge Menno funded by the Father's Rights Organizations? What has he done to aid in reducing domestic violence in the state of Massachusetts?
Other Massachusetts Facts: (look at consistencies and amount of corrupt
convicted officials)
- 2004 Harvard study states "Massachusetts Family Courts are failing to protect Mothers and children from domestic abuse"
- Nov 2010 - News article in Patriot Ledger - “FBI report says Massachusetts is most violent state in Northeast”
- 1990 New England Law Review; New England School of Law; New England Law Review; Volume 24, Spring 1990; article begins on page 745; REPRINT: “Gender Bias Study of the Court System in Massachusetts”
- Supervisors are paid cash under the table endorsed by the family court system and do not provide receipts for visits
- Most supervisors are already employees of Commonwealth of Massachusetts and are “moonlighting”
- Boston Phoenix Article exposes judge for bias in sexual molestation case. Mother sanctioned for talking to reporter and ultimately lost custody as result
- 2011 Entire Parole Board forced to resign due to corruption
- 2010 Head of Probation Department investigated for corruption and removed
- 2010 Two City Councilmen convicted on corruption
- Judge Livingstone removed from Family Court Bench in Brockton and Plymouth Courts for corruption in 2007-2008
- DCF has three domestic violence offices yet of all 13 cases, all 13 families were not offered any domestic violence services by DCF. NOT one. Is the VAWA (6) funding these offices?
- Judge Smith reported by two lawyers for corruption. Judge removed from bench but lawyers also lost their license to practice law in the State of Ma for reporting judge.
- In 2007-2008 - Court Clerk charged with corruption - Not the first clerk - look at current cases!
- Court documents altered by court officials violating civil rights to fair due process and malicious in intent to cause harm.
- DCF’s protection of children is secondary to federal money (18) (20)
- 2001 report - Over the ten-year period from 1987 to 1997, Massachusetts saw a 98% increase in the number of children reported for abuse or neglect - this in contrast to an increase of 54% nationally during the same period. (19)
Why Me? How I got involved
When I started this path, it was to heal from years of abuse, deceptions, betrayal and divorce and to be strong and protect my three little girls ages 2, 5, and 8 at the time. The very system I had faith and trust in to protect me and my girls failed us greatly which has had devastating and possibly irreversible damage on us ever since.
My ex-husband short of begging pleaded with me to lift the restraining order because it was preventing him from paying child support. What I did not realize, it was part of his strategy to continue his abuse, manipulations and seek revenge and continued control. As my affidavit supports, I strictly lifted the restraining order not because I was no longer in fear but clearly because I was concerned about the children having a roof over their head and food on the table - hence, financial.
A few months later, my ex marched into court gaining full custody of my children on an ex-parte motion - meaning I was not afforded the opportunity to appear and speak on my behalf. I was completely devastated and now realize my actions then were as a result of battered women’s syndrome as I was in the process of having my children evaluated for possible inappropriate touching and seeking changes in his visitation due to continued abuses when all this occurred. I disclosed my concerns to DCF who told my ex my plans.
It shall also be noted that he did this the very month I opened a health and wellness business. What perfect timing. See website: Married Malicia Men on how to “ex-parte the bitch” on the front page.
By him gaining custody making all kinds of FALSE accusations (as many do), my children were never evaluated and despite specific request to DCF*. My ex admitted showering my oldest daughter who was then 10 despite her humiliation and my youngest with frequent UTI (7) with a doctor’s notation in the records questioning inappropriate touching.
I was denied any and all access to my children for unsubstantiated claims such as: I don’t feed my children lunch (they got FREE school lunches) and bathe my children only (3) days a week and as a result they are “filthy” dirty (I had the children in my possession (4) days a week and was also advised medically to not bathe so much due to chronic eczema). The school and the advising physician were NEVER contacted to verify any of his claims, and all my parental rights terminated. I was not even allowed to go to the children’s school and volunteer as I also did or take part in school functions as I always did. What horrific crime did I commit I wanted to know? Is this punishment for leaving a man who abused me and my children? My oldest was cutting herself at the age of eight and had difficult times with managing the abuses by her father at the time with threats to have her arrested by the police and she would never see her parents or sisters again ever and he gets full legal and physical custody?
Shortly after my ex gained custody, I was approached by a mother one day in court asking me about my case and told me about hers and others in front of the same judge. This is the same judge who told me I was not allowed to file restraining orders despite a well documented domestic abuse history. He also refused to see the 10+ police reports and medical records. To this date, I have been denied complete access to court audio tapes to validate my statements that were requested in January 2009.
We began seeing patterns of injustice in domestic violence related custody and divorce cases with this judge. When I began to investigate on how something like this could happen, I noticed this judge was the key note speaker of the fatherhood program for incarcerated fathers in Plymouth County jail on how to gain custody and visitation of their children. It was also noted while in court waiting to be heard, the number of restraining orders being denied was astounding, and sometimes noted 99% denial rate. This other mother and I were trying to figure out how we get our children home and fix the injustices that have transpired.
Next thing we know, we are being contacted by other moms with similar stories. One was a client of mine through my work teaching meditation and doing energy work. Another contacted me through myspace who went to school with my brother. Another at a Health expo where I was an exhibitor. The more we spoke to other mothers who have been penalized for trying to protect their families, the more my friend and I were
sanctioned by this judge. My friend ultimately lost custody of her children as a result, and I still still have no rights to mine. Judge Menno did recuse himself in December 2010 admitting bias in my case, and my friend was told in court in January 2011 he was going to recuse himself in her case as well, but never did.
About me outside my case
My name is Sarah Smith (identity protected). I have always excelled in school, sports and life in whatever I set my mind to. I graduated with honors magnum cum laude from in college.
Due to the abuse and how it started on the very day I said “I do”, I increasing lost myself to a man who was jealous of my career and requests for speaking engagements.
I started a health and wellness business in Sept 2007, the very
same month my ex decided to get custody. After I left with my children and began my healing path, I began to learn more about “the system”, how to get my children returned, a began a new journey into wellness. I took the advice of one of my mentors to learn and heal as much as I could especially in ways I would not have been afforded if I still had custody. I took many classes in the medical field and holistic field gaining certifications such as certified medical assistant (including EKG and phlebotomy), reiki, and yuen energetics. I began to donate time helping others heal from abuse while in turn helped me heal. I do pro bono healing work, coaching, and classes for victims of abuse. Work includes reiki, meditation, and stress reduction as well and has carried over to helping soldiers returning from the war suffering from PTSD. I have dedicated my life before and after my experiences with abuse to helping and healing others.
I have been recognized by my peers and received numerous recognitions for my efforts serving the health and wellness communities and for my advocacy and healing work in the domestic violence community. I have volunteered for many non-profit organizations and have been on the board of directors for some.
Resources and More Information
* DCF - Massachusetts Department of Children and Families formally known as Department of Social Services
1. A documented abuser consists of having documentation of abuse through at least one of the following: restraining orders, medical records, police records, CORI, criminal records, DCF* records, therapy records, court records.
2. Court appointed supervisors are court endorsed paid cash under the table. Supervised visitation are for those with criminal records, substance abuse, or domestic abuse, but our judges are using them to punish mothers and children emotionally, psychologically, and financially for personal agendas and endorsing possible unreported income.
3. Court ordered tape recording is a violation of the mother’s and children’s constitutional rights to free speech, and unlawful as it is a form of domestic violence by proxy and gas lighting endorsed by the Commonwealth of Massachusetts. Taping of phone calls is a form of abuse sanctioned by the State of Massachusetts rewarding batterers for their continued abuse.
4. Financial impact to mothers is forcing many into bankruptcy or public assistance. Hence, putting additional strains on a system struggling as a result of the economy. Increase burdens on public health care system, public housing, food stamps, and the likelihood of lifelong irreparable mental health and physical health issues as a direct result of the abuse of a judge endorsing domestic violence against mothers. The abuses of the family courts are having a systemic economic burden by draining state and federal resources.
5. Illegal wire tapping produced by abuser and allowed into court as evidence violation of the federal law. Judge denied access to court tapes for victim that validated criminal activity in the court room. Illegal tapes allowed to be admissible as evidence and subsequently, victim unable to get police or DA to investigate after a request was made to judge to make an order that will prohibit victim from filing any criminal charges against his client. Victim taunted, sanctioned and denied access to court tape for proof and prosecution.
6 VAWA - Violence Against Women’s Act, See Department of Justice
7 UTI - Urinary Tract Infection - Untreated for at least 2 weeks on at least three occasions within the first 3 months of custody by father. No previous incidents of uti prior to change of custody. Medical evidence suggests potential long term damage of untreated UTI and UTI can be a symptom of inappropriate touching. Father states he wipes his 4yo daughter when she went to bathroom who had been potty trained for at least 2 yrs. Doctor questioning inappropriate touching in the medical records, but never did any exam of my daughter nor reported concerns to DCF as a mandated reporter. State law of Massachusetts says physicians can be charged criminally for failing to report as a mandated reporter.
8.
Moral Turpitude : Turpitude means a corrupt or depraved or degenerate act or practice. Moral turpitude refers to
"conduct that is considered contrary to community standards of justice, honesty or good morals." . The concept of moral turpitude escapes precise definition but has been described as an
"act of baseness, vileness or depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and man. "The following crimes are always considered crimes of moral turpitude: domestic violence; fraud and crimes where fraud is an element; all theft offenses (but see receipt of stolen property below); blackmail; bribery; perjury.
9.
A View From the Bench: “Although some believe that the family courts are gender biased against fathers, Judge Menno disagrees. From his experience as a family court judge and his view from the bench, fathers are treated fairly in court determinations pertaining to access to their children. In making these determinations, courts must take into consideration the reality of divorce and out-of-wedlock arrangements. This article describes how Judge Menno's county family court operates, and he further subgroups various types of fathers, describing how each fares in the family court when trying to gain access to their children”
10.
MCLE;
The State of Alimony in Massachusetts and its interplay with the New Child Support Guidelines; Alimony Trends & Theories; Conference for Lawyers; Faculty; February 2009
11.
Mass Bar Association; Section Review (see entire article for more info);By: Fern L. Frolin
The Future of Grandparent Visitation in the State of Massachusetts; February 2002
“In Ballarino, another judge of the same trial court, Judge James Menno, declined to reconsider in light of Troxel his recent order compelling grandparent visitation. On March 22, 2002 the Supreme Judicial Court affirmed Judge Menno's discretion to deny the post trial motion for reconsideration on the ground that the constitutional issues were waived when not raised at trial. (SJC - 08639, Slip Opinion)”
“The invitation for amicus curiae briefs in Blixt and Ballarino drew considerable interest from advocacy groups for various constituencies. Including the MBA, seven organizations filed amicus curiae briefs. The Massachusetts chapter of the American Academy of Matrimonial Lawyers and the Coalition for Parents' Rights agree with the MBA's view that any state interference with a fundamental right warrants strict scrutiny. However, the Academy and the Coalition for Parents' Rights disagree with the MBA's analysis that the statute can be constitutionally applied through a limiting construction”
12.
Shared Parenting Brochure;
13.
Fathers of Massachusetts Organization;
Mission: “We believe that every child needs a dad they can count on. Children thrive when they have an involved father someone who loves them, knows them, guides them and helps them achieve their destiny. Fathers of Massachusetts protect the child's right to the love and care of both parents. We seek shared parenting for the children of divorced and never-married parents with equal rights and responsibilities for fathers and mothers. Fathers of Massachusetts fight for social change for fathers and restoring constitutional protections for fundamental rights in family law.” 1. False Restraining Orders 2. Domestic Violence Myths 3. Child Support 4. Abuse of Children
14. October 2008 -
Boston College Course Syllabus;
Natural Law; Aquinas; and Bias in the Judicial System; R.V.S. (1997) p. 282-290; Lavalee v. The Queen p. 290-304; Goodridge v. Dept. of Public Health (handout)
15.
Unlawful Visitation Interference:
"A parent who detains or conceals a child in effort to thwart court-ordered visitation may be punished by the family law court judge or prosecuted by state's attorney in a criminal hearing." Attempts to prevent visits.
“Poisoning" the child with negative talk about mother. Prevention of communication between mother and children. Letters, phone calls, and gifts can be kept from child. Visitations made difficult. Remedies ~ increased visitation, fines, possible jail time, and removal of children from the home to other parent thwarted by biased judge.
16.
Contumacious conduct: "Conduct which is calculated to embarrass, hinder, or obstruct a court in its administration of justice or lessoning the authority and dignity of the court"
17.
Marital Tort: Deliberate interference by abuser. If ruins relationship with child, can sue in civil court for a tort claim. Tort Claims discouraged and thwarted by judge
18.
DSS ‘Follows The Money;’ Makes An Extra $90 Million Per Year What’s ‘Best For The Child’ Is Secondary To ‘More Federal Money’; Massachusetts News; By Edward G. Oliver. “It is a short leap from creatively squeezing federal dollars from active cases to directly targeting children for removal from the home based on certain demographics and categories – especially if consultants are paid on a contingency basis ….The big question that arises out of the quest to maximize federal dollars is, are financial consultants hired to advise and train DSS workers in determining who gets taken out of the home? …."Specifically, the researchers found that the highest predictor of removal was not the extent of a given physical injury, but rather whether or not the family was Medicaid-eligible. In a follow-up study of 805 children, researchers found that the degree of physical injury to a child only became statistically significant in the reporting of child abuse when the family’s income was excluded from the analysis." … Thoma provides numerous examples of creative, some call fraudulent techniques, which consulting firms perform for state Agencies….Approximately 10,000 children per year are taken from families in Massachusetts and placed into foster care, according to DSS spokesman David Van Dam….”
19.
2001 Call to Action: Working to End Child Abuse and Neglect in Massachusetts;
Massachusetts Citizens for Children; www.masskids.org; Statistics released to MCC for 1999 confirm a persistent and ever worsening problem of child abuse, even while the state's violent crime rate decreased 21 percent from 1993 to 1998. In Massachusetts, substantiated child neglect comprises the largest number of cases at 68 percent. Physical abuse cases make up 24 percent; while sexual abuse comprises 6 percent and emotional maltreatment includes 2 percent of cases.
The impact of abuse and neglect on children is enormous. Brain research confirms that connections in the brain used repeatedly during the early years of a child's life become the life-long foundation of the brain's
organization and function. By three years old, a child's brain has reached approximately 90 percent of its full potential.
20
Massachusetts News;.
DSS Social Workers Must Be Accountable;
Legislature Told: DSS Covers Up Its Own Child Abuse; By Ed Oliver; March 6, 2002
