False Sexual Abuse Allegations in Child Custody Disputes

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February 15th, 2009 Leave a comment Go to comments

Biological parents are not likely to sexually abuse their own children. But in recent decades, there has been an epidemic of false sexual abuse claims against biological parents. This epidemic started in earnest along with changes in laws and policies to allow fathers to have partial or full custody of children after a divorce.

The false claims of sexual abuse may be made by either parent. However, they are more common coming from mothers trying any method they can to prevent the children’s fathers from having contact, custody, and/or visitation with the children. This is a despicable strategy related to parental alienation. It is also particularly effective because of societal taboos and the difficulty of proving innocence of a crime which according to the false accuser was seen by nobody but the alleged perpetrator and a small child (who may not even be able to talk!) and of which there is frequently no physical evidence because the false reports are made about false incidents which supposedly occurred weeks or months earlier.

If the children can talk, frequently they are taught by the alienating parent and criminally incompetent CPS social workers and their allies, often consisting of biased police and therapists, to recite “facts” and false accusations about sexual abuse which never occurred. These are taken as reasons to deprive the children of contact with the falsely accused parent and his or her family.

Cases like this can drag on for years, even when there are never any charges filed or convictions against the falsely accused parent. The accuser “wins” by default and the target is devastated. If by some chance the malignant parent is caught lying, seldom is there any prosecution or other punishment for the crime. Therefore such malignant parents are encouraged to repeatedly use false accusations as a weapon to harm their children’s other parent and to deprive their children of contact with the other parent and his or her family.

Family court lawyers often refer to false sexual abuse allegations as “the nuclear option” in child custody cases. Once the bomb goes off, the resulting damage can never be fully repaired. The children and falsely accused parent are permanently harmed by the false accuser and a “child protection” system that insists accused people are guilty without proof. Often contact is permanently severed, one of the aims of parental alienators. The parent who is slimed with the defamatory claims of being a child molester may lose his or her job and be turned into a pariah, forcing him or her to leave the area and making it even more likely the children will not see the falsely accused parent for years, if ever.

Let’s not beat around the bush — CPS social workers, police, therapists, and judges who exhibit bias, refuse to examine or consider evidence that shows false accusations to be false and malicious, and participate in the alienation are at best emotional child abusers. In some ways, they are worse child abusers than the falsely accusing parent. The toxic parents could not on their own cause so much damage. But they are assisted by civil servants who do immense damage to children and innocent parents by backing false accusations, ignoring evidence to the contrary, and insisting upon “no contact” between children and accused parents to supposedly assist investigations that should take days or weeks but which they manage to drag out for months or years. They so barrage the falsely accused parent with threats and attacks that they cause mental illness (particularly depression and anxiety), bankruptcy, and even in some cases suicides. As such, these government and the toxic parents are effectively a conspiracy to harass and kill the falsely accused and victimize the very children they are supposed to protect.

Such abusive parents flinging maliciously false accusations routinely end up with months or years of sole custody, instill fear and hatred of the other parent in their children, and generally at a minimum psychologically and financially ruin the other parent. If they are “lucky” their lies will result in the death of the target parent, possibly by health problems or suicide brought on by the false allegations and the systemic abuse. This ensures the 100% custody of the children by an abusive parent will continue.

Children who are in the custody of a parental alienator are in a bad situation. The parental alienation and false accusations are often just the tip of the iceberg with regards to the problems these parents have. Such parents have demonstrated that they are incapable of good parenting, have poor moral character, and are likely to suffer from a variety of mental illnesses that resulted in their abusive behaviors. Ultimately, the children are set up for long-term emotional abuse. They may be programmed to believe they were victims of trauma which never occurred, thus causing very real emotional damage over something that never happened. Depending upon how messed up the malignant parent is, it may extend to other forms of child abuse. Verbal abuse is highly likely to accompany the emotional abuse, especially as many of the alienating and falsely accusing parents are victims of child abuse themselves and had these behaviors modeled for them by their own parents. Physical abuse is also a strong possibility. Growing up in such an abusive and alienating environment, the children are likely to develop long-term psychological problems and many may become child abusers themselves.

Upon some reflection, it is very clear the government encourages false child abuse reports and false sexual abuse reports in particular. False sexual abuse reports are treated with a special ferocity of persecution, refusal to even consider the innocence of the false accused, and dismissal of a lack of evidence as being important. Even when the government “gets it right” and quickly comes to the conclusion that the accusations were false and even maliciously motivated, they do nothing to correct the mess. The abusive parent is let off without even a hand slap, likely not even a warning. The target parent doesn’t even get an apology. The government seldom if ever prosecutes the falsely accusing parents, even when the proof that the accusations were false and malicious becomes evident.

This governmental inaction constitutes an implicit approval of false allegations as a weapon in child custody battles. Abused parents typically cannot afford to bring civil cases against the abusive parents. They have been mentally and financially drained just trying to protect their children and themselves. Even if they could afford to pursue a civil case, they stand to gain zero financial reparations as the cost of litigation is likely to approach or exceed the judgment. And even with a judgment, there is no guarantee the abused parent could ever collect it anyway. A person who is so willing to victimize their children and an innocent parent using lies and manipulations is also the kind of person who does not cooperate with court orders. Furthermore, after such a legal battle, they are not likely to have the funds left to pay a just judgment award.

In the end, malignant parents who make false abuse allegations are taught to make them again and again. And they often do. There is no disincentive. It costs them nothing but a small amount of time to make false allegations, they are prone to doing parental alienation so teaching their children to lie about false abuse is no significant additional effort on their parts, and if they are caught they are not punished in any way. In the meantime, they inflict massive damage upon the other parent and get rewarded by an incompetent and irresponsible government with 100% child custody for months or years. They are also likely to get child support awards based upon their 100% custody obtained with lies, thus being financially rewarded for their crimes. In short, these malignant parents not only get away with their crimes, they are amply rewarded for them even when they are caught in their lies.

The failure to prosecute false accusers is just one of the many ways in which law enforcement and the courts encourage crime and victimization of children and parents. It is well known that perjury is seldom if ever prosecuted and is an epidemic in family law courts. Court order violations are also commonly ignored. That’s because the victim of the court order violations frequently would have to pay for the quasi-criminal prosecution of contempt of court, potentially costing tens of thousands of dollars or more to fight a battle to simply get a toxic parent to follow court orders that may be as clear, simple, and beneficial to the children as allowing frequent parent / child telephone contact as ordered by the court.

Emotional child abuse and parental alienation by government agencies in false child abuse cases is a well documented phenomenon, but is little discussed by the general population. Government oversight agencies such as grand juries have attempted to force these agencies to correct their misconduct and stop the child abuse, but to little avail. Without severe corrective action, it is likely government agencies will continue to abuse children and assist in parental alienation.

As a particular example, the San Diego County Grand Jury has repeatedly investigated misconduct of DSS (Department of Social Services) and CWS (Child Welfare Services, also known as Child Protective Services or CPS) in the last two decades. They have found that it is commonplace for social workers to perjure themselves in court testimony, routinely show bias against fathers and take the side of mothers even if they are abusive, refuse to consider evidence that conflicts with their opinions, and refuse to consider possible innocence of the accused at all. These social workers go so far as to idiotically claim that because guilty people deny their crimes, anybody who denies an accusation is therefore guilty. They place falsely accused parents into the catch 22 situation of having to falsely admit guilt and submit to more government abuses to restore contact with their children or to fight in courts for years possibly to no avail as even if they are found to be innocent in a criminal court, the family law and juvenile courts can ignore these decisions and continue to treat them as guilty by accusation.

In a July 1992 report of a San Diego County Grand Jury study of how child sexual abuse allegations were mishandled in the area, there was severe criticism of the results:

FALSE ALLEGATIONS OF SEXUAL MOLEST DURING CUSTODY DISPUTES

There is no dispute within the Juvenile Dependency System that false allegations of sexual molest during custody disputes occur and that the system fails to deal with them properly. There is, however, considerable dispute about how to handle these cases. The Jury has found that a parent making a false allegation of abuse or molest during a custody dispute is very likely to achieve the desired result. These accusations are made primarily to avoid visitation and joint custody provisions and the accuser frequently succeeds.

Particularly with allegations of molest, visitation will almost certainly be at least temporarily terminated. The longer the accused parent goes without visitation, the more difficult resolution of the case becomes. The Jury has studied numerous cases of allegations of molest in custody disputes which have never been at Juvenile Court and where the father has had no further visitations. Parents who knowingly make false allegations generally seek to contaminate the child’s relationship with the other parent. The children are subjected to a range of contamination starting with simple personal deprecation and escalating in the worst cases to brainwashing. Parents who do this are not stable, not protective, and doing permanent harm to the child.

The Jury has studied many of these cases. Not one of them has been resolved despite years of conflict. Because all of these cases involve mothers who made allegations against fathers, we will speak in those terms. It does happen the other way around, and is, of course, equally damaging to the child.

Family Court Services has recognized the seriousness of this problem and has instituted the Family Court Case Study Team to try to help resolve some of these long term cases and to reestablish fathers’ visitations wherever possible. Unfortunately, by the time a case gets to that point the child is usually so contaminated that (s)he fears the father and psychologists are loathe to force the child to see a feared parent. Furthermore, only a fraction of such cases stay in domestic court where they reach the attention of this team. Most of the cases end up in Juvenile Court where there are no resources to redress the problem.

The Grand Jury went on to point out that even parents who are found innocent of criminal charges continue to be treated as guilty by other courts:

Guilt or innocence is not determined in Juvenile Court. That is a standard of criminal court. Perpetrators of in-house molest are sometimes charged in criminal court and tried by a jury. A verdict of not guilty in a criminal court will not effect the “true finding” in Juvenile Court because that finding is based on a different and lower evidentiary standard.

Further, it is routine for government employees to refuse to correct mistaken charges and convictions when they do occur. Again, as cited by the San Diego County Grand Jury:

In one case investigated by the jury, the father was accused of 13 felonies. After 18 months in Juvenile Court and personally bankrupt, he decided, upon the advice of counsel, to plea to a single misdemeanor. After reunification with his family, he asked to have his case reexamined. He contacted a ranking detective in the Child Abuse Unit and asked how he could do this. It was suggested that he take a polygraph exam. He did. He followed other procedures recommended to him. The detective began to believe that this man was innocent. He talked to the Deputy District Attorney on the case who treated the exonerating evidence as irrelevant and refused any action.

One of the major problems with obtaining objective investigations of child abuse reports is that the “experts” involved by the government are frequently biased and benefit from claiming things that are not child abuse indeed are child abuse. They will get more follow-up business this way, both from new cases and from ongoing services such as trauma counseling, forensic interviews of children, and so forth. In San Diego, non-government organizations such as Chadwick Center at Rady Children’s Hospital are routinely involved in biased and unobjective “forensic interviews”. If the government doesn’t get the evidence it wants, then instead of using it to show innocence of the falsely accused, it covers up the interviews! Chadwick Center routinely refuses to comply with court subpoenas. That organization and others like it appear to believe they are above the law and can do whatever they want. They receive the full conspiratorial cooperation of law enforcement and child protective agencies who are also interested in covering up evidence that would show they persecuted and prosecuted the wrong people, often with no substantive evidence.

Finally, when government employees have been shown to have violated their duties and committed severe misconduct, they often escape any and all appropriate disciplinary action. Consider the case of Elizabeth Jane Via, the deputy DA who prosecuted James Wade for the alleged rape of his daughter Alicia Wade. (See the full story in Torture of the Wade Family by San Diego CPS.) Via ignored evidence that Albert James Carder committed the rape, even when directly questioned about the possibility by the judge in the case. She conspired with San Diego County DSS social workers to keep the prosecution going to allow Alicia Wade to be adopted by another family. When the whole scheme unraveled, she kept her job! This woman should have been fired and disbarred for her misconduct, yet she continues to work for the San Diego government.

The San Diego County Grand Jury found that widespread lying, perjury, bias, corruption, and misconduct is so endemic that they supported legislation to strip social workers of official immunity. They believed that this level of individual accountability is necessary. The threat of one’s job ending and being thrown into court with a civil rights abuse suit and one’s assets being taken to compensate for the misconduct was the only real way the system would eventually be corrected. Unfortunately, this has not happened.

The ongoing epidemic of false child abuse claims, and of particularly damaging false child sexual abuse claims, will continue for as long as the government continues its present policies. Correction of this problem requires compliance with the US Constitution and civil rights laws, vigorous prosecution of false police reports and perjury, and dismissal and prosecution of government employees who participate in false prosecution and child abuse and encourage them to continue. This dismissal and prosecution policy must extended beyond the line social workers and police officers all the way to the upper ranks and into the courts. Judges must be held accountable for their misconduct, also.

Anything short of these reforms simply means the government and its employees intend to continue to involve themselves in the persecution of innocents, commission of child abuse, and violation of the letter and spirit of the US Constitution and civil rights laws. And so long as that persists, this nation’s children will continue to be harmed by abusive parents and an abusive government. This is a travesty of human and civil rights abuses of monumental proportions.

Further reading:

San Diego County Grand Jury: Child Sexual Abuse, Assault, and Molest Issues – A Report by the 1991-92 San Diego County Grand Jury June 29, 1992

San Diego County Grand Jury Letter Regarding CPS Abuses

Torture of the Wade Family by San Diego CPS

Dean Tong’s “False Allegations of Child Abuse” Home Page

  1. February 15th, 2009 at 16:34 | #1

    As the author of, arguendo, the groundbreaking book on Sexual Allegations In Divorce and child suggestibility within that same dynamic, Rob may have inadvertently left out my seminal book “Elusive Innocence” – Survival Guide for the Falsely Accused – from the list of works above.

    Dean Tong, MSc., Forensic Trial Consultant & Expert
    abuse-excuse.com

    • admin
      February 15th, 2009 at 18:04 | #2

      Dean, we did include a link to your insightful book “Elusive Innocence” in the upper right hand corner of the article on the web page. But it may not have made it into the RSS feed.

  2. Amber Taroni
    February 22nd, 2009 at 10:39 | #3

    I have to add to your comments that it is actually very rare for a child to falsify accounts of sexual abuse and biological abuse IS actually more common than people would like to admit. With statistics being 1 in 4 young people suffering sexual abuse and the majority percentage being by a family member, I personally know many who have been abused by a biological family member and whilst I do agree that false accusations are made and should be dealt with, one must ask why those allegations were made in the first place? Was there a previous history of abuse

  3. Bumblebee72
    March 3rd, 2009 at 01:03 | #4

    Amber,

    A large percentage of false sexual abuse allegations are made in divorces and child custody battles.

    They are made because they cause great harm to the victim parent and help the abusive parent get the 100% custody they seek.

    If you would kindly read the report San Diego County Grand Jury: Child Sexual Abuse, Assault, and Molest Issues – A Report by the 1991-92 San Diego County Grand Jury June 29, 1992 that mentioned in additional information, you’d see that the grand jury investigation found that false sexual abuse allegations are relatively common in these situations.

    DO CHILDREN LIE ABOUT ABUSE AND SEXUAL TRAUMA?
    Psychological experts testified that children lie about
    these issues. Recent literature reflecting studies conducted by the American Psychological Association not surprisingly concluded that some children lie and others don’t. Studies also indicated that young children can be very easily contaminated to believe that things happened which, in fact, did not occur.

    Witnesses from DSS and the District Attorney’s Child Abuse Unit told the Jury that children rarely lie about abuse and sexual trauma. It was disturbing to the Jury that these same witnesses often concluded that a child was in denial or being protective if they denied abuse by a parent but were never lying when they accused.

    The Jury examined cases where children made allegations of abuse and then later wanted to retract them. The children said they had lied and were sorry. The same social workers, therapists, prosecutors, and judicial officers who believed the stories of abuse, refused to believe the children when they admitted to a lie.

    Jurors observed a teenage girl testify to molest by her step-father. She reported to a school counselor that he had touched her once on the breasts and genital area while she was clothed. She denied any previous occurrence. Evidence presented at trial included love letters she had written to an older maternal uncle with whom she was romantically involved. In these letters she wrote graphically about her sexual attraction to this uncle. She also wrote that she was trying to get her mother to strike her so that she could report the abuse to CPS and live with the grandmother. (Not coincidentally, the uncle also lived with the grandmother and the mother was trying to limit contact.)

    Prior to the introduction of the letters the teenager had testified to a good relationship with her mother and no conflicts. The letters clearly indicated that this was not true. Despite contradictory testimony from three adults who were awake and present within 15 feet, and a sibling who was awake in the next bed, at the time of the alleged abuse, a true finding was made. At no time was the teenager cautioned about telling the truth. Everyone in the courtroom was solicitous of this child to the point of ignoring contradictions in the girl’s testimony.

    The Jury investigated a case brought by citizen complaint. The natural 18-year old son of a foster mother was accused by a 10-year old foster child of sexual molest. The child was immediately removed, the foster care license pulled, and the 18- year-old prosecuted for felony-sexual assault. The only evidence in the case was the child’s allegation. The 18-year-old adamantly denied the charge. The 18-year old pled “nolo” to a misdemeanor charge with the understanding that this would be removed from his record in one year.

    The foster mother had not been informed prior to the placement of this child that the child had a history of sexual molest, multiple placements, and false allegations against various parties. While in this home the child made allegations against his social worker and classroom teacher.

    The DSS file includes a long history of psychological problems and psychological evaluations which reported that the child was a pathological liar. The District Attorney and DSS had this information, the defense did not. There was no physical evidence and the decision to prosecute was based solely on the child’s allegation. Defense costs bankrupted this family. The Department lost a foster care provider.

    A professional family adopted an abused, very petite, four year old. She did well in this home until puberty. She began to act out, lie, not come home, etc. She told a counselor at school that she was being abused at home. She told the counselor that she wasn’t being fed and that was the reason she was so small. The family was investigated. The family cooperated and agreed to services in the hopes that the child and family could be helped. The child wasn’t pulled but social worker contact continued. The child made allegations to her social worker of sexual molest by her brother. The parents became alarmed and agreed to her placement in foster care in order to protect their son. Each person who believed the stories told by this child ultimately regretted it. The social services record shows a trail of gullible adults. Even a Deputy District Attorney tried to adopt this child. She returned the child after several serious problems. This deeply troubled child now has an extensive record as a delinquent and no family to turn to. The adoptive family no longer feels capable of coping with her problems.

    There are dozens of these stories. Some children lie. Failure to recognize this as fact is ultimately not in the child’s best interest. Each one of the children in the stories above has suffered as a result of the system’s gullibility.

  4. May 12th, 2009 at 22:59 | #5

    You made some good points there. I did a search on the topic and I have to agree with your article.

  5. June 24th, 2009 at 20:54 | #6

    What a great read.

  6. B. Better Parents
    October 30th, 2009 at 12:13 | #7

    Good post indeed. It’s also very sad that false allegations of parental alienation are made says psychologist Dr. Ira Turkat which is also a form of abuse. And when these kinds of abuse and false abuse allegations are made, wrapped up in custody disputes, in come the custody examinations which, few realize that there is a lack of scientific support for child custody evaluations …what a mess, how unfortunate.

  7. Mary
    November 3rd, 2009 at 12:25 | #8

    @B. Better Parents
    My husband is going through false accusations by his ex wife and 17 year old child. We have been bullied and robbed of our freedom by DCS and the police. Sad thing is that this child and mother are lying through their teeth! And the sadder thing is that they can, and will get away with it. With live on pins and needles and feel like we are walking on eggshells. If only there was a agency to protect fathers and their familys from their ex’s. Especially when it is a complete lie to beat the custodial system, and fathers lose most the time.

  8. serra
    November 4th, 2009 at 00:52 | #9

    This was an amazing post and 100% true. My fiance has been fighting to get full custody of his 4 year old son for years now. The courts let his ex speak all she wants and give him close to no time to speak. They paint a picture of him that is ugly and false. They claim he doesn’t want to have to pay for his son and so forth — all lies. Recently out of jealousy and desperation, the ex filed charges against me saying that I molested and abused my fiance’s son. She made disgusting disturbing comments that I can not repeat. She went to his school and family and told them I did these things. She was able to get a temporary restraining order against me and showed it to the world. The police could not find any evidence to prove this was true and dropped all charges.

    The social worker assigned called my fiance and told him that it all was true that she was being a good concerned mother and that she did the right thing. She told him he needed parenting classes and that he needed to listen to her and realize that his fiance was abusing his son. The social worker automatically took the mother’s side before even speaking with or meeting my fiance or myself. Now that it has calmed down, the damn system won’t do a damn thing about it. She lied and falsely accused me of horrible things. She put her 4 year old through hell and because the social worker said she was being a “concerned mother” nothing will be done to her.

    This her second attempt to “get rid” of me. A few months back she tried to get a restraining order on me so that I could not see my fiance’s son because I am “5150″ — that also failed.

    This system is ridiculous, they make it impossible for dads! My father was able to get full custody of myself and my two younger sisters. He did way more for us then my mother ever could! My dad had completely lost us, he was on drugs but he cleaned up and got his life together.

    So to all you dads who are fighting this battle against these unfit mothers and f**$ed up system, good luck!!! There is hope out there. My dad was able to do it and so are you!!

  9. November 7th, 2009 at 06:40 | #10

    If only your article were true–thousands of children would be spared the agony of incest. Unfortunately, studies by professional and governmental agencies have proven that most child allegations of incest are true. Having experienced the agony of incest and multiple other types of abuse from the age of five years old until long after I was an adult (Child Debilitation Syndrome) I can assure you that the shame and sorrow inflicted upon a child by a molester who “happens” to be her (or his) parent almost always silences the child. Sometimes that silence extends well beyond the age of chronological maturity. Sometimes, the child does not survive. The parents in these cases are not the victims–they are the perpetrators that rob their own children of their childhood, their dignity, and often, their life itself.

    Consider how shameful it feels to a child to have an “accident” such as bedwetting. Multiply that a thousand times over and you may begin to understand the shame a molested child experiences. It would require extreme parental abuse by the instigating (lying) parent in order to convince a child to make himself (herself) an object of public shame by claiming to be sexually abused–even if the allegation IS true.

  10. William Norman
    April 5th, 2010 at 16:24 | #11

    Who out there wants to here my story about a malicious mom in my life who happens to be my daughter. She has caused great harm to her daughter and the rest of the family. This is a one of a kind story. I call it evil is far greater and stronger than the goodness of truth.

  11. melissa
    June 10th, 2010 at 20:15 | #12

    Wow, these stories are so sad. I am so sorry for what you all are going through.

    My story is the same except, I am a mother. My son father wants full custody of our son. When I said no, he was upset. He threatened to take me to court but I was able to tell him valid reasons why he did not have a case. The next thing I know, my child was removed from the school because “someone” called CPS. The police came to my home and I was also charged with physical abuse of a child.

    After my initial meeting with the social worker, she told me that she did not feel that my son was in any harm in my home. She did tell me that there were bruises on him but my son has a lot of scars from just being a kid. My son even claimed his father made some of the bruises. She told me she did not feel my child was at harm and that he could return home. I had not spoken to my child at the time (about a week) because I was told by the police not to just in case. So the first thing I asked was, could I call my son. She said of course and I called him that night. His father would not let me speak to him. His Dad would not even answer his phone. I waited a day and texted him that I wanted to talk to our son and if he had issues with that, he could talk to the worker. I also told him that our child was coming home that next week so he needed to call the worker ASAP and I left at that (I should not have told him that). A day later, I get a call from the police department saying I was harassing him.

    Couple days later, I meet with the worker and the special needs worker (I requested help to better coach my son). We came up with a plan. Although that extend the time I would not see my son, I was optimist. 2 days later, I was served with a restraining order and the case finding. I was devastated, the case finding said I had maltreated my son and it was now part of my record. I was so hurt and confused because I was being told something totally different by the worker and most likely would not see my child for a long while. In addition, the restraining order also said was not to have any contact with my son’s father or my child. I was totally hurt and cried for what seemed like forever.

    I needed help and did not know where to turn. I knew that my son’s father’s grandmother had been a social worker with our state for many years and asked her for help. Well, I found out she was part of the reason things went the way they did. She did sound shocked when I told her that I had not talk to my child in now 3 weeks. She replied that I needed a lawyer and hung up the phone. I was really scared. I called the officer who handled my case but they had nothing for me. I decided to call the CPS hotline and they were able to help with good advice. I was told I could file an appeal for my case findings and should get documentation of everything.

    I am trying to be strong but its so hard because my husband and I have a small child and am currently pregnant and I am so afraid that they will take them too (they spoke to my little boy and he told them; literally – I was a good mommy). I don’t understand why things are like they are. I try my hardest to be the best mother I can be. I have never abused my children or tried to harm them in anyway. I have even tried to be a “team player” with my son’s father for my child’s sake. I am confident things will work themselves out eventually but how much damage will be done to my son and our lives.

  12. Gerardo Villamizar
    July 28th, 2010 at 10:07 | #13

    This is a true story about Miami Police Officer Steven Machado, and B.Lopez falsifying sex abuse reports.

    Madrid, July, 28, 2010

    A brief background about the case

    I am temporarily living with my wife Rodica Villamizar, at a “Refugee Shelter run by the Spanish Red Cross”, in Madrid, Spain. We came to Europe, last April, after living in Venezuela, since I was deported, on January, 12, 2005. The trip to Europe is to file a complaint, with the, “Spanish Commission on Human Rights”, for violation of Human Rights against the City of Miami, Florida, USA,.

    We submitted with the Venezuelan Foreign Ministry, our case of, “Civil and Human Rights Violations”, against, Cubanamerican public officials that run the City of Miami, Florida. Since Venezuela´s president, Hugo Chavez, decided to withdraw from “The Inter-American Commission on Human Rights, (OEA)”. It took our case back to square one.

    I Gerardo Villamizar, Social Security,136-50-3083, ex- Us legal resident, and Rodica Villamizar,a Nationalized US, Citizen, have and excellent case, and evidence to prove that the Miami, Police Department, the Department of Children and Families created a series of false evidences to take our children, from us and destroy our family
    We are looking for a team of good lawyers who are not compromised with the corruption created by Cubanamerican Public officials and who are not afraid to file on our behalf lawsuits against the City of Miami. We need our case to be a Pro-Bono, since there is lots of money to be made. We have about 200, pages of evidence to win these cases.

    I was unjustly charged with a felony count of L&L,>16, by Miami, on October, 9, 2002, by Police Officer Steven Machado, (4455). Machado, filed phony reports, tampered with physical evidence, with the help of Miami, Police Officer, B .Lopez; as a consequence of their actions, our three children were taking into custody by the Florida Department of Children and Families.

    My older daughter; Julia Villamizar, age 23, got married, and, is attending Florida, International University. Julia Villamizar, funded a Foster Youth, organization;” Youth Shine”, it helps children in foster care. Julia is, a voice for foster children; a “Youth advocate nation wide”.

    My younger daughter Nicole Villamizar, age, 21, graduated from Coopers Union, Art school in New York, completed a bachelor in Arts. After graduating from Miami, The New World School of the arts. Nicole and 2 other students from the State of Florida were, awarded a $500,000, scholarship, to Coopers. My daughters are successful, because Gerardo Villamizar and their mother Rodica Villamizar were good parents.

    The legal process, by The Department of Children and Families, case No 03-16173 D008, against Gerardo Villamizar, and Rodica Villamizar, for the custody of our three, children, was based on the false evidence fabricated by Police Officer Steven Machado, and Officer. B. LOPEZ. For instance; on October, 10, 2002. Steven Machado called the Department of Children and Families, 800, abuse line to report, that on October, 8, 2002,”Gerardo Villamizar, had exposed him to a group of children, shown his genitals, masturbated in front of these children, and threatened these children to cut their fingers with a knife”. This information submitted by Machado created, abuse Report No. 2002-165444. This phone call was made by Machado to the DCF´s Intake coordinator Erika Thames (5263). Other false abuse reports were called in to the 800, line, by unknown persons, accusing Gerardo Villamizar of beatings to my two daughters, which required hospitalization. Custody case No. 03-161173, was a concerted effort by, the DCF, to destroy my family, without evidence.

    Casualty affected the manner in which the DCF treated Gerardo Villamizar and Rodica Villamizar in reference as to how we were parenting our children. The Judicial system and Law Enforcement agencies, administered justice different to Gerardo Villamizar due to the effect of the serial rapist, Reynaldo Elias Rapalo´s´sexual crimes.

    1. At the time of my arrest for “Lewd and lascivious exhibition on 8, years, old, Hali Vega.
    A. There were occurring a series of sexual attacks perpetrated by “Serial Rapist, Reynaldo Elias Rapalo, a Honduran, citizen. Rapalo was first arrested on, October, 16, 2002, for fondling a 12, years, old girl. This event took place, 7 days after Gerardo Villamizar, was falsely arrested by Machado and charged with L&L, in October, 9, 2002. Rapalo´s case was dismissed on November, 25, 2002.
    B. Rapalo continued with 7 more rapes and 3, attempted attacks. The amount of publicity generated by Rapalo, sexual crimes, produced information that, targeted sexual crimes, and criticized “how soft the, Florida Judicial system were in its sentencing people convicted of sex crimes”. The Florida, media caused a public outcry, in the State of Florida.
    C. In Rapalo´s case for fondling a 12, years, old, girl, was thrown out of court because, the witness (girl and mother), did not show up in court. Police Lieutenant Carlos Alfaro said, in an interview with the Miami Herald, “We looked at everyone arrested for L&L conduct”. Rapalo lived in little Habana, the same area where Gerardo Villamizar, live with his family.
    D. The only evidence that was written on the Incident Police Report No. 28216862, about sexual misconduct, by Gerardo Villamizar are two lines of information, that reads: “The victim is 8 years old girl” and “it all happened in the presence of a 8 years old girl”, the rest of the police report written by Machado, is about Gerardo Villamizar shouting obscenities, and a confrontation with adults.

    2. In the custody of my children and the lost of paternity to the State of Florida, the mistake made by Judge Sarah Zabel, in handling mentally ill, Yusimil Herrera´s case, received brutal media coverage, and intense criticism from the Department of Children and Families. Judge Sarah Zabel handled Phoenix Villamizar´s case, and she was biased and misinformed, by lawyers from the DCF, Psychologist, investigators Kevin Ramos, and others.

    The case of Yusimil Herrera, after her arrest affected judge Sarah Zabel, decision in taking my children away due to the publicity generated by, 20 years old, Yusimil Herrera, who was charged with attempted first-degree murder, in the case of her, infant daughter Angel Hope Herrera. The Department of Children and Families Abuse hot line, received, 3 calls in February and March, informing DCF, “that Herrera was abusing Angel”. The DCF, asked Judge Sarah Zabel to take Angel Hope Herrera into protective custody, but Zabel found grounds to take Angel into custody. After emergency workers found Angel Hope Herrera, battered and unable to breath on her own.

    One can imagine Judge Sarah Zabel reading Machado´s abuse report he made to the DCF, protective services where he mentioned that, Gerardo Villamizar, had threatened children with a knife, an had exposed himself in a lascivious.

    Imagine Sarah Zabel reading the psychiatric reports made by Dr. Salvato, during my reclution at the North Shore Hospital´s Psychiatric Unit, ordered by Judge Jerald Klein, based on Machado´s false report made to the DCF, on October, 10, 2002?. Dr. Salvato, branded Gerardo Villamizar, a “Schizophrenic”, closed to a psychopath.

    3. An, “Evaluation Report/ SUMMARY OF PSYCHOLOGICAL ASSESSMENT, ordered by Judge Sarah Zabel of the Eleven Judicial Circuit of Florida Juvenile Justice Center, of Gerardo Villamizar, was conducted by Maria Lourdes Rodriguez, Ph.D., License Psychologist. The biased psychological profile made of Gerardo Villamizar, by Psychologist Maria Lourdes Rodriguez, was conjured up, with information provided by Miami Fire Rescue LT. Eduardo Gomez of Rescue Unit No. 3, about Gerardo Villamizar.

    During my encounter at Rodriguez´s office, I gave her (who is Cuban like Gomez) a copy of a written report, I submitted to the Florida Commission on Ethics, (case No. 23-90567-H), about Lt. Eduardo Gomez, un ethical doings, and corruption. Gomez had falsified a court case, No. CO3-933 CC against 80, years old Lidia Polcary, Gomez claimed that Polcary had not paid him rent for the month of January, 2003. Polcary who at the time, had opened heart surgery, was enduring stress due to Gomez harassment. Gomez had falsified court evidence to throw her out, of his apartment building just like he did to my family, to force us to move out without paying us relocation expenses. I Gerardo Villamizar stood up to Gomez and went with Polcary and showed the evidence against Gomez, to Judge Caryn Canner Schwartz who threw Gomez case with prejudice.

    4. Gerardo Villamizar and Rodica, had filed Housing and Urban Development complaint, and an Ethics Commission complaint, against Gomez because he bought a building where we lived and harrassed, our family into moving out of his property. The day that I took the psychological evaluation test, conducted by Rodriguez, I got into an argument with Rodriguez because she was illegally using a tape recording device I saw hidden in her desk. That day I rendered Rodriguez, a copy of the complaint I had submitted to the Florida Ethics Commission against Gomez. Rodriguez, read the report against Gomez who is another Cubanamerican like Rodriguez and exchanged information.

    5. Rodriguez reported to Judge Sarah Zabel, in SUMMARY OF PSYCHOLOGICAL ASSESSMENT, that “Gerardo Villamizar was not taking responsibility for sexually exposing himself in front of children”. During questioning by Psychologist Maria Lourdes Rodriguez, about the charges of L& L, made by Machado against Gerardo Villamizar, I told Rodriguez, “that I was certain that it was a conspiracy by Lt. Gomez and his friends in the Miami, Police Department”. In September of 2004, while awaiting deportation; Homeland Security, gave me a copy of COMPLAINT ARREST AFFIDAVIT, (court copy), I compared, it, for its accuracy with the information contained in Incident Police Report, No. 28216862, and read the information contained in DCF´abuse report No. 2002-165944, it clearly establishes a conspiracy. COMPLAINT ARREST AFFIDAVIT, (court copy), was possibly hidden, by the State Attorneys office, to falsely prosecute, Gerardo Villamizar, because I was proof of my innocence.

    6. In the SUMMARY OF PSYCHOLOGICAL ASSESSMENT, written by Psychologist Maria Lourdes Rodriguez, Rodriguez, profiles Gerardo Villamizar, as unstable, psychotic, that blames, Gomez, and my daughter Julia Villamizar, for all my problems, that I was crazy and mentally unstable, that Gerardo Villamizar was dreaming up conspiracy theories to avoid responsibility”.

    7. Little does, Judge Zabel and Rodriguez know that the result of the investigation of Lt. Eduardo Gomez, by The Florida, Ethics Commission, concluded on July, 2005. Conducted by Investigator, Ron Moalli. In its final report items 25-29, it revealed, that “Miami, Police Officer, records clerk Helen Heyward, (3028), with Miami, Police Detective, Sergio Diez, had downloaded, 12, criminal records of other people, to blame Gerardo Villamizar for crimes that I had not committed. These records were notarized by Attorney Zaily Delgado, and submitted by Gomez in HUD, housing discrimination case, No 23-9567-H, to destroy my character, and make Gerardo Villamizar, as a sex predator who likes to abuse little children.

    8. Gomez, also, illegally obtained a copy of, “Incident Police report No. 28216862, and on November, 6, 2002; twelve days prior to Assistant State Attorney Patrick Farrell Tresses had file formal criminal charges on November, 18, 2002. My defense Lawyer, in the case of my son Phoenix Villamizar, Kevin Coyle. Colbert, Esquire, (phone: 305-388-1769, Fax. No. 305-388-7198, lost the custody of my son Phoenix Villamizar who is now, 8 years old and has been in foster care for the last 7 years. The Department of Children and Families took our children due to these false allegations, record tampering and phony sex abuse reports by Police Officer Steven Machado and Officer B. Lopez.

    I need a pro-bono lawyer to reverse the charges due to new evidence after I pleaded bargained to 5, years probation. There is lots of money and good publicity for your law firm if you help me. Below is the proof. Sincerely yours Gerardo Villamizar.

    There is more evidence to probe that other members of the Miami, Fire Rescue in the City of Miami, were involved in a conspiracy with the Department of Children and Families, the Miami Police Department to destroy my family.

    Below is a condensed version of Steven Machado´s phony records.

    MIAMI POLICE OFFICER STEVEN MACHADO (4455), AND POLICE OFFICER B. LOPEZ, CREATED PHONY CRIMINAL CASE F02-030084, TO VIOLATE GERARDO VILLAMIZAR’S FAMILY CIVIL RIGHTS.

    Email: [email protected]
    [email protected]
    Phone in Madrid, Spain: 0034-660-708-534

    By
    Villamizar Gerardo Antonio, Red-3. Deportation case No-44-456-107-1/1952

    On October, 9, 2002, Miami police officer Steven Machado, (4455), falsely accused Gerardo Villamizar, of “Lewd and Lascivious Exhibition on 8, years, old, Hali Vega”. The motive for Police Officer Steven Machado´s arrest, was an altercation with: “18, years old Anibal Ulloa, 19, years, old Jason Sosa, 19, years old, Julio Polcari, and 20, years old, Pedrito Polcary”, caused by the constant, sexual harassment by the above individuals of my 14, years, old, daughter Nicole Villamizar, and 15, years, old Julia Villamizar.

    On October; 10, 2002, Police Officer, Steven Machado and Police Officer B. Lopez, altered critical evidence, contained in Police Incident report No- 28216862, tampering criminal case No. F02-0300084. Police Officer Steven Machado fabricated phony, DCF`s false sex abuse report, No. 2002-165944, about, Gerardo Villamizar, having sexually abused, “other children”, and hid it from the District Attorneys Office, my Public Defender Guy Robinson, Deborah Love, and State Paid Attorney Naphtali H. Wacks violating my wife, Rodica Villamizar, and my 3, US born children’s civil rights.

    On March 18, 2004, I plea-bargained to one count of Lewd and Lascivious Exhibition >16 and placed on five years of “Sex Offender Probation”. I pleaded guilty as a matter of convenience, to avoid involuntary civil commitment to a mental hospital.

    On September, 28, 2004; while at Homeland Security’s Federal Detention Center in Bradenton, Florida; Homeland Security gave Gerardo Villamizar, with “Discovery” a copy of “COMPLAINT/ARREST AFFIDAVITT, (court copy) by B. LOPEZ”. This document was notarized, dated, Sept, 21, 2004, and signed by Deputy Clerk Harvey Ruvin, of Circuit Court Miami-Dade County, Florida, for the State of Florida. Please see date, and notarized seal on back of document exhibit 1.

    Please see Exhibit 1.

    Gerardo Villamizar seeks of the U.S Government dismissal of Criminal Charges in case No.F02-030084 and restoration of his civil rights because the prosecution withheld critical evidence from my defense. This evidence surfaced, during GerardoVillamizar’s deportation procedures and 3 and half months prior to my deportation to Venezuela, and:

     For the first time; COMPLAINT/ARREST AFFIDAVIT, (court copy); was made available to Gerardo Villamizar, by the State Attorneys Office, trough Homeland Security, 23 months after, Police Officer Steven Machado wrote it.

     This evidence was provided10, months after, Gerardo Villamizar, had plea/bargained to 5, years probation, and renounced my right to a fair trial.

     This exculpatory evidence surfaced, 2 ½ years, after, Assistant District Attorney, Patrick Farrell Tresse, had charged Gerardo Villamizar, with: 1 Count of Lewd and Lascivious Exhibition >16; on the 18th, of November, of 2002,

    Police Officer’s Steven Machado, made the, first false criminal charges with, the Florida State Attorney’s Office and arrested, Gerardo Villamizar, on L&L, Exhibition charges>16; on October, 9, 2002. These false accusations, by Machado, originated felonious criminal case No. F02-030084.

    The following is how, “COMPLAINT/ARREST AFFIDAVIT (court copy)” originally written by Police Officer Steven Machado looks like , before it was tampered with by Police Officer B. Lopez.
    EVIDENCE 1

    NARRATIVE: Victim is 8 years old girl. The accused threw a glass bottle in the direction of one of the witness. The witness told the accused; are you crazy or what? The accused told the witness that he was going to cut them to pieces with a knife. The accused took out his penis, grabbed it and said, “I am going to fuck you in the ass when you go to jail, I work for the dept of corrections”. All of the above happened in the presence of an 8 years old girl. DCF worker Erica # 5263, contacted.

    Please see Exhibit 1.

    On the early morning of, October, 10, 2002, Police Officer B. Lopez, transferred the data, hand-written by Police Officer Steven Machado in “COMPLAINT/ARREST AFFIDAVIT (court copy)”, into the Eleven Judicial Circuit of Florida’s computerized system; the result of Lopez’s action was computer generated “Incident police Report No. 28216862, that had information missing contained in, “COMPLAINT/ARREST AFFIDAVIT (court copy)”.

    This is, how COMPLAINT/ARREST AFFIDAVIT (court copy), looks like, after its data was transferred, and altered by Police Officer B. Lopez, and transformed into Incident Police report No-28216862.

    EVIDENCE 2

    NARRATIVE: Victim is 8 years old girl. The accused threw a glass bottle in the direction of one of the witness. The witness told the accused; are you crazy or what? The accused told the witness that he was going to cut them to pieces with a knife. The accused took out his penis, grabbed it and said, “I am going to fuck you in the ass when you go to jail, I work for the dept of corrections”. All of the above happened in the presence of an 8 years old girl.

    In exhibit 2; page No. 4, of Incident Police Report No. 28216862 , the words written by Police Officer Steven Machado on the lower bottom, part of, COMPLAINT/ARREST AFFIDAVIT(court copy) , to wit; the following segment written by police Officer Steven Machado “DCF worker Erica # 5263, contacted”, were cut out, from Incident Police Report No. 28216862.

    Please see Incident Police Report No. 28216862. Exhibit 2. (2a, 2b, 2c)

    DCF ´s abuse report No. 2002-165944, documented a phone conversation, between, “Police Officer Steven Machado, and Erica Thames, of the DCF‘s 800 abuse hot line, held on October, 9, 2002: from 7:07, PM, until 7:45 PM”.

    This is Police Officer Steven Machado, second false story; to the 800, DCF´s abuse line, which, originated, DCF´s sex abuse report No. 2002-165944.

    EVIDENCE 3.

    ON 10/08/02, THE HOME IS A MESS. THERE ARE PAPERS AND CLOTHES ON THE FLOOR. THERE IS OLD FOOD IN THE REFRIGERATOR.
    ON 10/08/02, THE FATHER PULLED DOWN HIS PANTS AND GRABBED AT HIMSELF WHILE THRUSTING BACK AND FORTH IN FRONT OF CHILDREN IN THE PARKING LOT.
    THE FATHER THREATENED TO KILL THE CHILDREN AND CUT OFF THEIR FINGERS.
    THE FATHER WAS LICKING AND KISSING A CAR WINDOW WHILE BLOWING KISSES AT THE CHILDREN HE EXPOSED HIMSELF TO. THERE IS CONCERN FOR PHOENIX WHO LIVES IN THE HOME WITH THE FATHER. THE MOTHER ALSO WENT OUTSIDE ON THE BALCONY IN ONLY HER BRA AND PANTIES.
    THE FATHER HAS BEEN ARRESTED FOR LEWD AND LASCIVIOUS BEHAVIOR TOWARD THE CHILDREN IN THE PARKING LOT.

    24 HOUR

    Notice that, Police Officer Steven Machado, phone conversation with intake coordinator Erika Thames of the DCF’s 800, line, misled investigator Kevin Ramos of the Department of Children and Families, into believing that, on October, 8, 2002, Gerardo Villamizar, had threatened and committed another sex crime involving another group of children. “That Gerardo Villamizar had been arrested on October, 9, 2002, yet for another L& L charge”. Notice that Police Officer Steven Machado makes reference to October, 8, 2002, to establish a false fact, about events that had never taken place.

    Please see. Exhibit 3.

    It is plausible that, “Judges Gerald Bagley and Julio Jimenez” continued to prosecute, phony case No. F02-030084, against Gerardo Villamizar, because they did not know the existence of false abuse report No. 2002-165944, made by Police Officer Steven Machado to the DCF, abuse 800 line.

    Although, COMPLAINT/ARREST AFFIDAVIT (court copy), written by Police Officer Steven Machado, was being, kept and safeguarded, by Assistant State Attorney Patrick Farrell, in Tresses’ criminal file. It is also possible that COMPLAINT/ARREST AFFIDAVIT(court copy) , was kept from defense attorneys, Guy Robinson, Deborah Love, and State paid Attorney Naphtali H. Wacks by the PROSECUTION, because it was to uncover Machado’s PERJURY ,and Police Clerk B. Lopez ´s TAMPERING WITH PHYSICAL EVIDENCE, and, Gerardo Villamizar ‘s FALSE PROSECUTION, by the State’s Attorneys Office. This was not just an innocent mistake made by someone with lost memory.

    FORMAL FALSE CHARGES BY ASSISTANT STATE ATTORNEY PATRICK FARELL TRESE ON NOVEMBER, 18, 2002.

    EVIDENCE 4.

    1 COUNT

    GERARDO ANTONIO VILLAMIZAR on or about OCTOBER 9, 2002, in the County and State aforesaid, did unlawfully and intentionally expose the genitals in a lewd or lascivious manner in the presence of a person, to wit: H.V. (A MINOR), under 16 years of age, in violation of s. 800.04(7) (A) Florida Statues, contrary to the form of the Statue in such cases made and provided, and against the peace and dignity of the State of Florida. See excerpt of criminal charges filed by Assisting State Attorney Patrick Farrell Tresse, on November 18, 2002.

    On October 10, 2002, as a result of phony Incident Police Report No. 28216862 and phony abuse report No. 2000-165944, made up by Police Officer Steven Machado, and Police Officer B. LOPEZ, Gerardo Villamizar was unjustly incarcerated. Gerardo Villamizar was Backer Acted by Judge Jerald Klein, placed at the North Shore Medical Center’s psychiatric unit, under court order and kept there for 20 days, and forced to take psychotropic drugs Neurontin, known to cause delusions, hallucinations and suicide. Also mood altering drugs, Seroquel and Welbutrin.

    Under false pretenses, of “sexual abuse”, The Department of Children and Families, removed 1 ½ years old, Phoenix Villamizar, 14, years old, Nicole Villamizar, and 15, years old, Julia Villamizar, and placed them under foster care since 2003.Their natural mother, Rodica Villamizar, is a US Naturalized, Citizen, their father Gerardo Villamizar was a US legal Resident, who was deported by Homeland Security to Venezuela, based on Police Officer’s Steven Machado, and Police Officer B. Lopez, false accusations.

    Please see: Exhibit 4.
    EVIDENCE 5.

     On December 17, 2002, during sworn deposition and questioning of Police Officer Steven Machado, by defense Attorney Guy Robinson, Police Officer Steven Machado had an alibi as to as to the reasons for charging Gerardo Villamizar, with, “1 Count of Lewd and Lascivious Exhibition 1>16”. Police Steven Machado, avoided talking about having made DCF`s false sex abuse report, No. 2002-165944.

     During his deposition, Police Officer Steven Machado´s didn’t mention, the story he narrated to Erica Thames of the DCF’s 800 abuse line “about how Gerardo Villamizar, had shown his genitals to a group of children and had threatened to cut off their fingers with a knife in a parking lot on October, 8, 2002”.

    Please read Police Officer Steven Machado´s sworn deposition. Exhibit 5.

    EVIDENCE 6.

    During Helen Suarez’s deposition, by Public Defender Guy Robinson “Helen Suarez, didn’t say anything about Police Officer Steven Machado´s story of lascivious acts against children committed by Gerardo Villamizar, on October 8, 2002 “

    Please read Helen Suarez’s sworn deposition. Exhibit 6.

    EVIDENCE 7.

    During Alain Dulofeu´s deposition by Public Defender Guy Robinson; Alain Deulofeu; “did not mention anything related to Machado´s story, of October, 8, 2002, about lascivious acts against children on a parking lot”.

    Please read Alain Deulofeu´s sworn deposition. Exhibit 7.

    Based on abuse report No. 2002- 165944 and criminal case No. F02-030084 attorneys from the DCF’s Legal Department, falsely accused Gerardo Villamizar; of being a “Sexual Predator”, “a danger to my 3 children”. The above false reports originated paternity case No. 03-16173, by the Department of Children and Families, at the 11th, Judicial District Court, Juvenile Division of Miami, Florida. This false prosecution was initiated by Attorney: Atyria S. Clark, Social Worker Rosa Arjona, and Attorney Sharon Hornett of the Miami, Guardian at Litem.

    On February, 6, 2008, Attorney Kevin Calvin Colbert lost of paternity of my US. Born son Phoenix Idriceanu Villamizar; on behalf of Appellant GerardoVillamizar, cases: No.3D07-890, in the lower tribunal No.03-16173.

    Please see Court’s letter of lost of appeal. Exhibit 8.

    To help contact: Gerardo Villamizar at: [email protected].

    LIST OF EXHIBITS

    1. COMPLAINT/ARREST AFFIDAVIT, (court copy) by B. Lopez. written by Police Office Steven Machado, (4455)
    2. 2a, 2b, 2c. Incident Police Report No. 2816862.
    3. False abuse report No. 2002-165944, made up by Police Officer Steven Machado, to the 800 line, and taken by DCF worker Erica Thames.
    4. False charges made by Assistant State Attorney Patrick Farrell Tresse, against Gerardo Villamizar.
    5. Sworn deposition of Miami, Police Officer Steven Machado in case F02-030084.
    6. Sworn deposition of witness Helen Suarez, mother of Hali Suarez, an “alleged sex crime victim”.
    7. Sworn deposition of witness Alain Deulofeu, step-father of Hali Suarez; an “alleged sex crime victim”.
    8. Court’s letter of lost of “legal case of Paternity” of Phoenix Villamizar by Gerardo Villamizar.
    9A. Florida Statutes: Accessory; Attempt; Solicitation and Conspiracy
    9B. Florida Statutes: Perjury
    9C. Florida Statutes: Falsification of Evidence
    9D. Florida Statues: Bribery; Misuse of Office; Tampering with or fabricating physical Evidence.

    Write an E mail please and let me know. GV

  13. Denise Bruns
    August 2nd, 2010 at 21:00 | #14

    Denise Bruns was falsely accused by her 17 year old son of abuse, neglect and mental harm of her children. CPS Nyela Bolden submitted a fraudulent report with these allegations. Charges were not brought forth, family court issued restraining orders and supervised visitation.

    September 8, 2008 Bolden testified her report was erred and she could not substantiate Ms. Bruns for the allegations set forth in her report. 17th Circuit Court Judge Nanaruth Carpenter awarded custody to Kim Bruns who has a history of abuse, non aggravated assault, 2 substantiated child abuse 1/19/01 & 12/8/07, abandonment, illegal wiretapping, 2 child endangerments.

    On June 2, 2009 Kim Bruns and Attorney Joan Irons submitted her personal affidavit allegaing attempted kidnapping again Carpenter issued restraining order and supervised visitation that was never facilitated. Kent County FOC Julie Haveman was to facilitate make up parenting time she refused. Haveman stated Mr Bruns feels parenting time should remain the same and custody can not be changed without an order.

    To this day I do not have my daughter my custody has been terminated and I have been place on CPS central registry as a level II child abuser. There have been 26 reports to CPS in regards to our family 10 investigated and non substantiated.

    I have petitioned the appeals court for reconsideration denied. My Attorney Mikhail Albusri a terrible attorney submitted my brief without my approval failed to present the fact that CPS Bolden testified her report was fraudulent. My daughter wants to come home. My request for expungment has been denied ignoring the fact everyone has retracted their allegations and I am innocent. If anyone knows of how to get assistance please contact me at [email protected]

  14. Anthony Peterson
    February 19th, 2011 at 01:56 | #15

    It is safe to say that people like you and I know that those ‘Be a Dad’ type organizations just cover up real abuses in the family court system. I just don’t have a daughter anymore and that is the very intention of abusive sick judges who prey on weak custodial parents. Some who are fearful of the power of the courts have stated that it isn’t a good idea to criticise specific judges because they are human and will retaliate. Just with that statement it affirms the need to change how custody/visitation cases are handled. More light on the matter would help the process. The now retired name of the presiding judge in my case: Guy P. DePhillips.

  15. M. Jenkins
    August 6th, 2011 at 15:40 | #16

    First I write this message to all those men who have been accused unjustly by their ex-wives. Keep up the fight! Secondly to state that I will never see my adopted daughter, Elia, again because of the corrupt system as stated above. I pray to God every day that my daughter will seek me out and find me one day.

    All you need is a little knowledge of the system and it is as easy as snapping your finger – all the cards will fall. That’s what happened to me. My mother in law, who hated me from day one, used the system against me. She started a ministry in her own home called “Bruised Reeds.” She helped abused women get divorces from their husbands. The problem was that she didn’t have anyone overseeing her ministry to have checks and balances to over see it. Moreover, she built up a base of money, lawyers and shelters to help women escape from their abusive husbands. I thought, at that time, “What a noble cause!”

    I never realized that my mother in law would have coaxed my ex-wife into divorcing me. But one day I stood up to my mother in law and told her that my ex-wife and I are the parents of Elia and not her. She, then, told my ex-wife that I was an abusive man and finally convinced my ex-wife of her lies. I loved my daughter and my ex-wife with all my heart. And I still love them today even through all the pain my ex-wife and mother in law have caused me. I pray for their souls that God will forgive them of their acts.

    Here’s my story. Without prior warning that my ex-wife was leaving, I came home from work and she was gone. A Dear John letter was waiting for me and stated that she had taken our adopted daughter and that they were fine. And to not look for them. I called my ex-wife for days to no avail and no return phone call. Three days later, I received a call from Children’s Youth Services that I had molested my daughter and to please call them to set up an appointment for an intake interview. I called them and saw them that day. I spoke with a counselor there and they stated that my daughter would go for a gynecologic examination to determine if I sexually abused my one year old daughter. One month later, I received a letter from Children’s Youth Services that stated that there was no evidence of sexual molestation and that the case was dropped by Childrens Youth Services. I received a letter stating that the charges were unfounded.

    I asked the counselor what would be my next step in seeing my daughter and she stated to obtain a lawyer. I secured a lawyer. Through my lawyer, I found out that my ex-wife was seeking refuge at an abused women’s shelter and that my daughter was also living there. My ex-wife had already in 1 month obtained all the documentation she needed to oust me: Abuse Shelter letters, Children’s Youth Services Letters and a computer that she stated to the court contained Child Pornography on it. The letters and computer downloads were all unfounded but it gave her the upper hand in the custody battle for my daughter.

    I went to court and the judge believed her testimony without an ounce of evidence. I was given the ability by the judge to see my daughter on the weekends through protective services via an emergency court order. I had to pay $50.00 per visit for a 2 hour session to see my daughter each weekend on a Saturday. If you add this up, it is $200.00 per month. If I missed the supervised visitation, I could not make it up. On top of this I was told by Custody Court that I had to pay $350.00 for marital support and $450.00 to support my daughter. I am not complaining about the money. And I am not a Dead Beat Dad. I paid all of it. I state this only to show you what I had to endure to see my daughter. In total I paid, $1000 a month in custody fees. I felt as if I were living in a card board box. In addition, I attempted to not pay my ex-wife because she abandoned me. The judge stated that she did not have to be abused in the home but only have a fear that she might be abused thus substantiating her abandonment of her home thus qualifying her for marital compensation. In addition, my ex-wife stated that if I did not agree to her custody money terms that she would tell the judge that I raped her.

    I told my lawyer that I would not pay her and to have her words of “rape” recorded as fact for God to read on judgement day. And that my mother raised me well: “I know how to treat a woman.” See how the system works. Many times the Protective Services agency did not have enough workers so my visits would be cancelled. Many times the funding for the agency was not available and my fee for visitations would increase. Many times I would be accused of molesting my daughter by my ex-wife when nothing occured at Protective Services. Thank God that my innocence was substantiated by the protective services workers who watched me.

    Furthermore, I had documentation from the Protective Services Agency that my ex-wife was a Parental Alienator. She would tell my daughter that I could not come to her birthday parties because I would hurt her baby dolls. She told her that I could not go anywhere in a car with me because I would wreck the car and hurt her. My daughter told me of how she hated grandma. I could do nothing about any of this. I had many psychological evaluations which stated I was of good character and was shown to not be a sexual deviant. And I would be a good father if given a chance by my ex-wife. I had documentation from my ex-father in law that stated that his daughter, my ex-wife’s mental health was not right.

    I had all this documentation and all my ducks in a row but couldn’t even get my case heard by a judge. Every time that the judge would listen to my case, my ex had something else to throw on the fire (i.e, turning my computer into the police and stating that I was looking at child pornography which was not substantiated by the police.) I spent over $30,000 to my lawyer and didn’t even get to talk with a judge. My case was never heard. I have endured many unfounded allegations. I have lost friends over all of this. My biological family has endured with me this terrible situation. They have lost Elia also and have not been able to visit with her. My ex-wife almost destroyed my life. If it were not for God, I would have died. In the end, I made a deal to stop the court proceedings and to never see my daughter again. The court fees, alimony and child support were destroying me and my new family.

    I write all this to warn all men that it can happen to you. Beware! The system is corrupt. I will end with these words that my lawyer left me with, “In Family Court, you are guilty until proven innocent.” This should not be so! To all those men who are fighting, do not give up but also count the cost. This will be the fight of your life. I am still fighting. And I know I will see my daughter some day. If my daughter ever reads this, come and find me. Love always, Dad. (Tears…..)

  16. gardiner
    September 26th, 2011 at 19:41 | #17

    For those of us who have been abused by a family member and have been silenced by fear of retribution till death do us part this is indeed a appalling attitude to take. I hope one day you have more wisdom and make your assumptions on more knowledge not just personal experience. In my work I find far too many many women who have been sexually and psychologically abused by men and women in their family who have never revealed their abuse before because they knew the consequences are far worse than the abuse because they knew they would not be believed and if older, they may know the court causes more abuse.. Their psyche is distorted for life. Sexual abuse is insidious and damaging and far more common that you may have knowledge of. Your experience is not the same as everyones. You are just a victim of grand assumptions but that does not justify making the same mistake in reverse. the courts are neither justice nor moral but are set up to control people by people with authority. Many are in power because they are control freaks not because they have any morals or sense of justice for you or other victims. Read books about surviving the legal system for this is another abuser of people like yourself..

  17. Innocent Father
    April 16th, 2013 at 21:59 | #18

    I agree with the article and most of the posts. I also know of the countless times the innocent are forced and coerced by the system to admit guilt, give up freedoms or otherwise bend over or risk losing much more. Had I succumbed and given in I could have maybe seen my kids during the past year and a half. But I refused to allow the system to roll over me yet again.

    I know Dean Tong and hired him for his help through Dependency court. While I beat out dependency court I am still in family court over divorce/custody and the false allegations continue. The mother has run to the courts and police repeatedly the past two years with all manner of accusations. Nothing has amounted to anything other than a criminal investigation into the false allegations that is over a year old and nothing done on it in about 8 months because there is nothing there. The mother loses a court battle or gets her motion denied and she is off filing something else.

    I have documented proof, transcripts, police reports and testimony of professional therapists that show the mother has lied repeatedly, committed perjury, filed at least three false police reports and I was even falsely arrested because of one of them only to have the judge so upset over it that once he found out I was out in an hour and nothing ever happened with the false arrest, case was just mysteriously closed with no information or record of an arrest. The sheriff and county did some sort of cover-up to protect against being sued by me.

    My children suffer and have suffered for over two years at her hands. I finally saw my kids with a therapist, that I PUSHED to get a court order to have them see a counselor with me. I saw them once. The mother again took the daughter to the police and said she was ready to say more now about the alleged abuse and stopped me from seeing them. So the inactive criminal investigation now becomes active.

    BUT! We are at court again after this and I am ready to attack after spending hundred on documentation and court transcripts and copies of reports, we are going to ask she be arrested and prosecuted for perjury, 3 counts of false police reports, a dozen contempt of court violations, all of which I had proof in my hand. But they won’t look at it and my attorney said it will make me look bad to attack the mother. The judge is starting to see the mother’s true colors so he told me stop spending money to attack her and continue to defend myself. The mothers new allegations are horrible indeed. The judge didn’t bat an eye, she told her bring the children to therapy, the daughter does not have to participate but she will be brought. Then the judge looked the mother dead in the eye and told her that she hopes no one is making the child say anything, because that is worse abuse than it actually happening. Then the judge told her that no matter what, if the child says it happens and believes it happened, now there is a false memory to deal with and it will have to be dealt with. As to the criminal investigation, the judge said that’s up to the police to investigate.

    This judge has had several verbal slips as to this being false accusations, nothing occurred and other things that we are not privy to in the courtroom but clearly the judge knows a lot more behind the scenes of what is going on.

    All I know is that the laws in this country are wrong and protect evil victimizers and hurt our children. The system failed my children miserably when I filed and asked for intervention early on to to get official shared custody ordered, both the mother and I were rebuffed and told to work it out. The mother sought to entrap me and became ever vigilent at trying to get me in trouble at every turn as her method to work it out. All I ever did was take the high road and refuse to use the children as pawns unlike the mother who kept them from school and the phone just to keep them from contact with me until I would agree to whatever it was she wanted that day or week.

    It makes me sick and I live this daily. I cry over my children and what they are going through. They dont even know how sad they have it, they think this is normal as they have lived it with her. I hurt over them constantly. My attorney just says that he is expensive and I have to pick my battles or I can’t afford him to win the war in the end if I fight every battle that comes along.

    Another attorney said it best when I was searching for legal advice…

    “In this country, you can have all the justice you can afford”.

  18. rICHARD
    July 10th, 2014 at 18:54 | #19

    It will never change. Once you are accused, you are guilty. I have suffered PTSD for 22 years and I have learned that I was harmed by my sociopath ex. You just have to keep getting therapy and pray for the best. Sorry to you out there, you will deal with it the rest of your life.

    Just pray and seek help that is all we can do

    It will never go away, and don’t even think it will……..

    I just hope you all have leaned you lesson. Women have the power to destroy you and the relationship with your children

    Women in the U.S. KNOW THEY ARE IN CONTROL

  1. February 16th, 2009 at 16:29 | #1
  2. April 22nd, 2009 at 23:25 | #2
  3. May 25th, 2009 at 04:10 | #3
  4. May 25th, 2009 at 23:53 | #4
  5. May 28th, 2009 at 20:47 | #5
  6. July 1st, 2009 at 23:28 | #6
  7. August 13th, 2009 at 04:35 | #7
  8. October 28th, 2009 at 16:42 | #8
  9. August 1st, 2012 at 04:54 | #9
  10. December 13th, 2012 at 20:52 | #10

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