Tag Archives: Family Court

Attorneys Who Win Small Battles Might Win Legal War

An elite Army Ranger and attack helicopter pilot at Fort Campbell, Ky., Maj. Christian “Kit” Martin, 47, has flown some 1,000 combat flying hours. Nothing, however, could have prepared him for the battle he’s fighting now as he tries to avoid becoming a victim of the Pentagon’s sexual assault witch hunt that could send him to prison for 58 years* for something he did not do. Below, I share the opinions of two attorneys (who shall remain nameless) about Major Martin’s case — which involves false sexual assault allegations as well as Army prosecutors and commanders under political pressure to win a conviction at all cost — and about how the attorneys who win the small battles might win the legal war.

My cat, Butters, tries to predict the future by looking into his porcelain bowl.

This photo shows my cat, Butters, looking into his porcelain bowl in an effort to predict the future. Unfortunately, he’s about as reliable in predicting the future as the military justice system is in determining innocence and guilt.

ATTORNEY #1

“I’d like to pick your brain for just a moment,” I wrote in an email two days ago to a former top legal officer for one branch of the U.S. military. “I’m working on a story involving an Army major accused of sexual assault by a woman soon after he asked her for a divorce. I don’t describe her as the major’s wife, because she is now facing bigamy charges in Kentucky.”

I went on to explain that Major Martin had learned — after asking her for a divorce — that she had never divorced her first husband before marrying him. And then I asked my question:

“If the woman is found guilty or pleads guilty to bigamy, can the Department of the Army or Department of Defense sue her or prosecute her for anything, such as obtaining goods and services under false pretenses?”

I thanked him in advance for his thoughts on the matter and, as expected, received his reply early Monday afternoon:

“The short answer is that the Army or DoD would have to request the Department of Justice pursue any sort of recovery. The DoJ would likely send it to the local U.S. Attorney wherever he resides and do an analysis of the merits and the cost/benefit to pursue it. My guess (and it is just a guess) is that the U.S. Attorney would not pursue it.”

ATTORNEY #2

While some might say the attorney’s reply doesn’t bode well for Major Martin, another attorney sees reason for optimism in the major’s camp. He works in the criminal division of a U.S. Attorney’s office in a major U.S. city, and he offered a different view of the same situation.

He said an Army prosecutor with knowledge of a person’s breaking the law — for instance, obtaining goods and services (i.e., healthcare services and the benefits of discounted shopping at the post commissary and exchange facilities) under false pretenses (i.e., pretending to be a military spouse when one is not legally married to a member of the military) from the federal government — not only “has the authority (to initiate prosecution), (but) he has the obligation.” Further, he said the military prosecutor would be committing “a felony on his part” if he fails to act while having such knowledge.

Do the Army prosecutors have knowledge of wrongdoing by Major Martin’s accuser? I believe they do.

They are aware Katherine (Garber) Foster, assistant prosecutor in Christian County, Ky., conducted a thorough investigation that led to a bigamy charge based upon what she believes is rock-solid evidence she can use to prove Major Martin’s accuser committed bigamy.

In addition, they are aware Christian County Family Court Judge Jason Shea Fleming voided the marriage between Major Martin and his female accuser based upon evidence she never obtained a divorce from her first husband, the father of her two youngest children.

Will the prosecutors in Major Martin’s case — Maj. Jacob D. Bashore and Capt. James P. Garrett — use their authority and fulfill their obligation to report the woman’s apparent crime (i.e., impersonation of a military spouse and, in turn, the theft of goods and services from the U.S. Government) to the U.S. Attorney in Kentucky? I certainly hope so, because doing otherwise would not be very becoming of Army officers and gentlemen.

‘CHESS PIECES’ IN PLAY

Then again, there are a lot of “chess pieces” in play right now.

For instance, if local prosecutor Foster offers Major Martin’s accuser some sort of pre-trial diversion linked to a sentence of one year or longer, she would not serve any jail time unless or until she committed another crime, such as perjury, during the term of her diversion.

As I reported yesterday, Hopkinsville, Ky., civilian defense attorney Brandi Jones is not only attempting to prevent local prosecutor Foster from prosecuting the case against her client, Major Martin’s accuser, in civilian court, but she’s hoping Christian County Judge Andrew Self will agree to her request and push back her client’s trial date until after Major Martin’s military trial, expected to run Dec. 1 to 4.

Jones knows that, if she’s successful in both preventing Foster from testifying and in delaying her client’s trial, it’s highly unlikely Judge (Col.) Andrew Glass will allow any reference to bigamy and/or perjury allegations against the woman to be aired in his military courtroom during Major Martin’s military trial. And that would not bode well for the major. If, however, Judge Self refuses to delay Jones’ client’s trial, then Major Martin might have a chance of seeing his accuser explaining herself on the witness stand during his military trial. Of course, there are no guarantees, and he’s seen his witness requests denied before.

Stay tuned for updates!

For a recap of what took place during a recent one-month period in Major Martin’s life, read “Thirty Days of Hell in the Life of an Accused Army Officer.”

For all other articles about Major Martin’s case, click here.

Thanks in advance for reading and sharing this article and those to follow. Meanwhile, Please show your support by buying my books and encouraging your friends and loved ones to do the same.  To learn how to order signed copies, click here.

UPDATE 10/14/2015 at 2:17 p.m. Central: Less than two hours after publishing the article above, I received word that Major Martin’s accuser entered a guilty plea to a bigamy charge. Sentencing is set for Feb. 17. I hope the Army prosecutors are paying attention as she is now a convicted felon.

*UPDATE: After publishing this article, I learned Army prosecutors agreed to limit any possible punishment in this case to 10 years. A sign they have a weak case?”

UPDATE 12/7/2015 at 8:23 a.m. Central: A military judge continued the military trial date for Army Maj. Christian “Kit” Martin to sometime in March 2016, though no specific date has been set.

UPDATE 12/10/2015 at 11:12 a.m. Central: I’ve learned that Major Martin’s military trial date is set for March 14-18, 2016.

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Missouri’s Justice Problems Extend Beyond Municipal Courts

EDITOR’S NOTE: Especially in the St. Louis metropolitan area, the state of Missouri’s municipal court system has been in the news a lot lately — see here and here — for all the wrong reasons. The state’s family court system, however, has not received nearly as much attention; therefore, I decided to fill the void.

Family_Court_Nightmares_Logo

Largely due to the almost-nonexistent news coverage about it, family court was a place foreign to me until a few years ago when, at the request of a friend, I attended a child-custody hearing involving a thirty-something couple who had recently battled their way through a messy divorce.

In this case, the husband seemed to hold all of the cards: he owned a thriving business; he coached youth sports; and he was perceived by many as a pillar in the community. His stay-at-home-mom wife, on the other hand, handled the equally important but often-overlooked responsibilities associated with caring for the couple’s many stair-step children, bi-products of a decade of wedlock. Financially speaking, however, she contributed nothing tangible to the family’s bottom line.

During the morning portion of the hearing, I sat quietly in the back row of a Saint Louis-area courtroom, taking notes and not speaking with anyone in the courtroom. Seated a few rows in front of me were two women, one of whom I determined to be the wife and the other her friend. Across the center aisle that separated the two seating sections and functioned as a kind of subliminal barrier between the litigants, the husband sat amidst a small group of people that included members of his side of the family and friends.

After what turned out to be an uneventful ninety-minute session, a midday break afforded each person inside the courtroom to take a break and grab something to eat, breathe some fresh air and/or take a restroom break. Some may have taken advantage of several items on the unofficial menu of opportunities.

Upon entering the courtroom after the break, I noticed the wife’s female friend had been replaced by another for the afternoon session and that the two had taken my back-row spot on the left side of the gallery seating. Because I preferred to sit with my back near a wall, I relocated to a back-row seat on the other side of the room, two rows behind the husband and his group.

Several minutes passed and, after apparently growing tired of waiting for the judge and the attorneys to return to the courtroom, the wife and her second friend decided to step into the hallway outside the courtroom. Soon after their departure, time and curiosity seemed to get the best of the husband, and he turned to face me.

“You’re not a private investigator, are you?” he asked, seemingly unconcerned about how odd the question seemed in light of allegations made against him by the mother of his children.

“None of your business,” I replied, prompting a chorus of hoots and howls—as well as some well-placed glares—from members of the husband’s group.

A few more minutes passed, and the husband’s snappy-dressed lead attorney—a man of average height and above-average girth—exited the judge’s chambers and walked back into the courtroom. The husband approached the attorney and engaged him in muffled conversation during which both cast suspicious glances in my direction. Those glances were followed a few seconds later by a bluster of high drama.

The animated attorney came barreling down the center of the courtroom, walking directly toward me and speaking loud enough so that everyone in the room—and, perhaps, everyone in the courthouse—could hear.

“Are you harassing my client?!” he bellowed.

Before I could respond to his obvious intimidation tactic, the attorney shouted again, this time toward the bailiff seated behind his desk near the front of the courtroom and only a few feet from the judge’s now-empty bench.

“Bailiff, this man’s harassing my client and following him around! Can we have him removed?!”

Before waiting for the bailiff to respond, I spoke loudly in an attempt to defuse the situation and rebut the attorney’s false and malicious claims.

I told the bailiff the attorney’s allegations were absurd, that I had not made any attempt to harass his client and that I had had good reason to change seats—which I explained to him—during the break.

Perhaps smelling a rat in the attorney’s grandstanding, the bailiff did not have me escorted out of the courtroom. Instead, he simply asked me to move to the other side of the aisle and to refrain from interacting with anyone in the court room.

While the husband’s attorney had succeeded in creating a scene, he had also succeeded in creating a great deal of doubt in the minds of everyone inside the courtroom who was not an officer of the court or a supporter of his client—me.

Did his well-to-do, college-educated business owner client, who coached youth sports teams and donated money to charities for abused children, deserve any key role in the lives of his children? After observing the attorney’s courtroom antics, I was leaning against his client. Then I interviewed his client’s wife.

In graphic detail, she alleged, the man she had married ten years earlier had sexually molested several of their children during the previous decade. She also told me how he had once confided in her the details of how he, as a child growing up in a neighboring state, had suffered sexual molestation at the hands of his adoptive parents.

After catching him in the act of sexually molesting one of their children, she waited until he had gone to work the next day and then fled. She took her children to a shelter for abused women in a nearby community. When he learned what she had done, he immediately transferred the bulk of the money in their joint bank accounts to one over which he had sole control. Then he hired the high-priced attorney whose courtroom antics I described earlier.

In an effort to prove to others that she was telling the truth about her husband, the woman subjected herself to an exam conducted by a state-certified examiner using the Computer Voice Stress Analyzer, the same non-polygraph credibility assessment technology highlighted in my second nonfiction book, The Clapper Memo (May 2013), and featured prominently in my first crime-fiction thriller, The National Bet (November 2014).
Based on the results of her CVSA exam, the examiner determined she was not being deceptive when she answered key questions about the allegations she had made against the man who is now her ex-husband.

When the woman tried to show the results of the exam to the family court judge overseeing the custody case, the judge dismissed them out of hand and, in doing so, ignored the fact the man who had administered the exam — while acting in his capacity as a private business owner — was a full-time employee of the State of Missouri whose job description included conducting CVSA exams on a regular basis as part of state-sanctioned criminal investigations.

Perhaps, the judge was unaware CVSA technology had been used successfully by Defense Intelligence Agency officials to interrogate members of Saddam Hussein’s inner circle (a.k.a., “The Deck of Cards”) as well as detainees at Guantanamo Bay. And maybe he was unaware CVSA technology is used by several states to periodically monitor convicted sex offenders. Sure, it’s possible he’s ignorant about the existence of the technology; however, based upon what I’ve learned about the family court system in Missouri since the courtroom episode described above, I think that’s an extremely remote possibility.

Adding insult to injury, the judge went on to give the father equal custody of the couple’s children in what is known as five-two-five custody arrangement. That means the alleged the alleged child molester was given unfettered access to them two days every week and four days every other week. As far as I know, he’ll continue to have such access until caught by indisputable video evidence or eyewitness testimony and convicted by a court — and a judge — willing to act on the evidence.

The words above will appear as the preface in my upcoming third nonfiction book about another Family Court case I’ve followed for more than five years. It’s a story to which I’ve applied the same journalistic skills that prompted David P. Schippers to describe my second nonfiction book, The Clapper Memo, as representing perhaps the most thorough investigative reporting I have encountered in years.” For those not familiar with Schippers, this might help: he served as the U.S. House of Representatives’ chief investigative counsel during the impeachment of President Bill Clinton.

For links to other articles of interest as well as photos and commentary, join me on Facebook and Twitter.  Please show your support by buying my books and encouraging your friends and loved ones to do the same.  To learn how to order signed copies, click here. Thanks in advance!

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Municipal Court Judge Did Damage Beyond Ferguson

An article about the Justice Department’s report on the Ferguson Police Department caught my attention today, but not for the anti-police propaganda it contains. Instead, I was attracted to the message in it’s headline, A Wholesale Failure of Missouri Judges. Why? Because I’ve been aware of that failure for years. 

Of course, the “failure” message doesn’t apply to all judges, but it does apply to Judge Ronald Brockmeyer, the municipal court judge highlighted in the wholesale failure article whose name first appeared on my radar four years ago.

On Jan. 15, 2011, Breitbart.com published my piece about an 85-Year-Old ‘Potato Lady’ Running for Office. In it, I highlighted Dolores Sherman’s reasons for running for office in St. Peters, Mo., the St. Louis suburb in which she says she was prosecuted more than five years earlier for a crime she did not commit and, in turn, was dubbed, “The Potato Lady.”

During a mid-afternoon news conference after she had filed for office, Sherman detailed her belief that St. Peters city officials were involved in her unfair prosecution and other events leading to it and need to be replaced. The bulk of the article appears below:

“I want to make people aware of what happened to me for an incident that should have never occurred,” Sherman said. “I was railroaded!

“They accused me of throwing a red potato, and I said, ‘I don’t have red potatoes, I have Idaho, six inches, baking potatoes,’” she continued, recalling a conversation she had Sept. 24, 2004, with two St. Peters police officers who had responded her home after receiving a complaint phoned in by one of Sherman’s neighbors in the suburb 20 miles west of St. Louis. “But they gave me a citation — a peace disturbance, then the city prosecuted me.

“Why does a city, more or less, sue an 80-year-old lady for something they probably knew I did not commit?” she asked rhetorically before comparing St. Peters to a much-larger city.

“If you think Chicago is the only pay-and-play arena, huh-uh,” she said before pointing to tables in front of her and around the room that were covered with stacks of documents she said prove her case. “And if you don’t believe it, just look.”

On March 29, 2005, St. Peters Municipal Court Judge Ronald Brockmeyer ordered Sherman to serve 12 months probation, pay a $125.07 probation fee and pay hundreds more for an anger management class, she explained.

The election for aldermen seats is set for April 5. By then, residents of Ward One should be familiar with Sherman’s tongue-in-cheek campaign slogan: “This spud’s for you!”

Did you notice the name in the next to the last paragraph above? Ronald Brockmeyer. He’s been at this game for a long time, and I agree with writer Andrew Cohen when he writes the following:

Every judge in Missouri, the ones who actively deprived residents of their constitutional rights and the ones who passively allowed it to occur, is complicit in a conspiracy of injustice that cannot be countenanced in a nation that purports to operate under a rule of law.

Don’t even get me started about Missouri’s Family Court judges and the system in which they operate. I’ve written about them at Breitbart, too. For details, see Government Burning Family Tree at Both Ends and Missouri Dad Spends $100K (so far) Fighting to Save His Kids, about a case that continues without resolution to this day — four years later and at a cost of more than $200,000 to pay for no fewer than seven attorneys.

For links to other articles of interest as well as photos and commentary, join me on Facebook and Twitter.  Please show your support by buying my books and encouraging your friends and loved ones to do the same.  To learn how to order signed copies, click here. Thanks in advance!

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