Color of Law Custody Cases

Color of Law Custody Cases
Rhode Island and other states often violate civil rights in civil courts when officials threaten to separate children from protective parents who are their lifeline. These cases may include "color of law" abuses that push the boundaries of law. Judges who allow color of law abuse in their courtrooms are guilty of "color of office."

In Family Court, we give judges ultimate power over people’s lives while taking away their curiosity, concern, and even their ability to inquire about what is really happening in these cases. This transfers the power to guardians ad litem and lawyers. These officers of the court can convince a judge--through false allegations that are frequently off the record--to remove children, imprison innocent parents, then bankrupt them through years of frivolous motions, and forbid them to talk about it--all under color of law.

In domestic abuse custody cases, this enables the abusive parent to gain extraordinary power and control over the protective parent and the children.

Here is more information about color of law:


Showing posts with label John Lynch. Show all posts
Showing posts with label John Lynch. Show all posts

Friday, September 3, 2010

9.D. How "Vincent" finagled Chief Jeremiah's order, 1994

This case study begins at 9.A. below. (Click on August, then 9.A. in the Blog Archives at right.) My comments appear in italicized brackets.


This case study begins at 9.A. below. (Click on August, then 9.A. in the Blog Archives at right.) My comments appear in italicized brackets.

February 1994 After eight months and fourteen hearings, Justice Raymond Shawcross, found the mother’s testimony of the father’s abuse credible. He kept a restraining order on Vincent and assigned sole custody and placement of the children with their mother in the marital home. He required Vincent’s visits with the daughter to be supervised.

April 1994 Chief Judge Jeremiah found that Vincent was stalking his wife and failing to pay court-ordered bills for child care or utilites. Mother and children relied on charities for food. The bank was foreclosing on their home. Jeremiah gave the mother permission to move the children to Illinois, where she could work in her brother’s law office and have free housing with her mother. Vincent could visit their son, and the mother must have the daughter evaluated by authorities there.

June 1994 The mother drove back to Rhode Island for a hearing and brought their son to visit his father. Chief Jeremiah expressed frustration with the two attorneys, John Lynch and Nicholas Colangelo, who had failed to agree on drafting the order from the prior hearing. Without a court order, Illinois officials could not provide an evaluation or supervise the family as Jeremiah required. He told the lawyers they were “prohibited from leaving this courthouse” until they had written an order based on the April transcript for Jeremiah to sign.

In the same hearing, Colangelo asked for his client, "Vincent," to have telephone contact with both children in addition to supervised visitation with the daughter in Illinois. Chief Jeremiah responded emphatically:
No, Mr. Colangelo, no visitation and no telephone contact until I get this [evaluation report]. That is an important issue. I need to see the report, and I will continue the matter until I get the report . . . . But there will be no visitation and no telephone conversations until I get the report. (Transcript 6/9/94:9).
September 1994 Attorney Colangelo withdrew, and Michael Hagopian entered as Vincent’s lawyer. Chief Judge Jeremiah approved arrangements for Vincent’s supervised visits with his son in Illinois, plus telephone contact with his daughter on Thursdays from 7 to 7:30 p.m.

Vincent prepared a one-page “synopsis” of the transcript of that hearing that misrepresented Jeremiah’s order. (Click on documents to enlarge.)



In his synopsis of Chief Jeremiah's order (above), Vincent wrote:
After consideration, the Court concluded that it would be appropriate for [the mother’s] brother to deliver the child to [the father] for an unsupervised visit with his daughter (p. 6 lines 12-18). [I have italicized key words here and below.]


In fact those lines in the transcript refer specifically to the son alone, for Jeremiah instructed the mother:
… your brother will be there to have the child go with his father.


In his synopsis, Vincent misrepresented another point:
The Court went on to review the report of Childhood Trauma Treatment Program and concluded that there was not a credible story of molestation (p. 7 lines 1-11).


But in fact, Jeremiah’s reference in those lines applied only to the son, not the daughter:
. . . in reviewing the report of the Childhood Trauma Treatment Program, it stated my professional opinion these do not constitute spontaneous disclosures that list the father sexually abused him.


Here are excerpts of the transcript to compare to Vincent's synopsis. His synopsis referred to his former wife's complaints on page 2. In the transcript she is talking about his astonishingly low child support. (Click on documents to enlarge.)





On pages 6 through 8, the transcript refers to supervised visits with his son and phone calls with his daughter. (Vincent's synopsis of the transcript changed this to unsupervised visits with his daughter, with no mention of his son.)





When he drafted the final order, Hagopian did not go as far as Vincent’s synopsis had tried to revise Jeremiah's words. Hagopian drafted the order to give his client unsupervised visits and weekly phone calls with both children, but no overnights. And he got Judge Jeremiah's signature:



But a full decade later, Justice Michael Forte incorrectly described this order as if it had "reinstated unsupervised overnight visits."
After the results (unfounded) of the Illinois evaluation, the Chief Judge reinstated overnight visitation with both children by Order of July 29, 1994. (Forte, Decision, 7/6/2004:2)


[In fact Jeremiah clearly said "no overnights" on July 29. Forte is referring to the written Order of September 26, 1994, pictured above, which followed the Illinois evaluation, but also did not allow overnight visits. Later I will relate how mediator David Tassoni, with Justice Forte punished Vincent's children.

[Lawyers’ paperwork is a frequent cause of delay, expense, inaccuracy, and emotional distress in Family Court due to the failure to follow through on filing essential documents, the misrepresentation of judges’ orders, and the lack of clarity in many orders. Family Court does enormous harm when it uses adversarial litigation in these cases.

[A better option could be for evidence of crimes like domestic violence and sexual abuse to go to the Attorney General, Grand Jury, Superior Court, and jury trials. Helping families resolve ongoing crises would be far better served with a single multidisciplinary team from beginning to end, as described in the prior post. That team could include a writer and clerk responsible for timely filing of coherent and accurate documents. The Court needs to steadfastly remove opportunities for private contractors to profit from inflaming these cases.]

NEXT: 9.E. How "Vincent" got the Chief Judge to apologize.

Monday, August 9, 2010

3.B. Case Study: Going for the gold

(This story begins below at 3.A.)

As their divorces got underway, these couples and their lawyers devoted most of 2001 to their finances.

Intending to marry the mother of his baby, the Textron VP gave her a diamond ring that she later insisted was an outright gift in return for her cooperating with the ruse so they could both keep their jobs at Textron. She says her husband was then unemployed, and she worried that they could not pay the mortgage on their new home if the VP fired her.

As for the VP’s divorce, his ex-wife had no lawyer and no apparent need for one. She gained assets worth over $4.3 million, while he got unspecified amounts in annuities, deferred income, and stock options, plus assets worth over a million.

He reached a settlement with Textron to protect the company against more claims of sexual harassment, while Textron supported his bid for disability insurance with help from doctors who said he was legally blind.

Pegged to his former salary of half a million dollars, his disability payments from Social Security and corporate insurance totaled $15,000 a month, from which he agreed to give the baby’s mother $1,500 a month child support--the same amount he would give his ex-wife for their teenager.

The baby’s mother reached her own settlement with Textron. Her husband’s attorney, John Lynch, persuaded Justice Voccola on May 18th to “equalize” counsel fees for lawyers on both sides, to be paid from marital assets, though it was not yet clear whether that could include her settlement.

On May 18th, Voccola also appointed the guardian ad litem—Patricia Murray-Rapoza, who four months later secured the judge’s order for the couple to sell their home so they could pay their legal fees. By January 2002, Murray-Rapoza wrote to the young couple's lawyers:
You will note that I severely underestimated my time on this case . . . . I know your clients are 'strapped' for cash at the present time. I would respectfully request that when the house sells that I be paid from the proceeds. I will be willing to wait for the money.

Some suspicion of deceitfulness rankled the judge. Though this was never asserted under oath, Voccola heard that the two former Textron employees, adversaries in the courtroom, were behaving like sweethearts at Sam’s Club. She declared her recusal, clearing the way for the next judge: Gilbert Rocha, whose daughter, Patricia Rocha, was one of Textron’s attorneys that negotiated the VP’s settlement with attorney Holt.

Instead of recusing himself from the case because of his daughter’s involvement, Rocha took the bench in time to intercept insurance company lawyers who came to Rhode Island to investigate transcripts, seeking to find out whether the former executive was truly blind and unemployable. Did he deserve the millions they were paying? Rocha blocked their access to the court record and sent them home for subpoenas.

Meanwhile, in the divorce case, Rocha began doling out escrowed funds to Murray-Rapoza, the guardian ad litem.

This angered lawyers for the divorcing parents, who demanded their share and handwrote a stipulation, using exactly the same words that Murray-Rapoza had used. Though they submitted no bills for their work, Justice Rocha signed the hasty order that awarded each lawyer $5,000 from the couple’s escrowed funds. By signing the order, he unwittingly created a second and third guardian ad litem for the two children.

The wife’s escrowed settlement funds produced a separate feeding frenzy as more lawyers secured non-refundable deposits and submitted bills to the court before abandoning her case. That fund would be managed by the guardian ad litem, Murray-Rapoza, and it would be tapped again by attorneys for the other side.

NEXT: C. Mischief in the Court