Judge Lorna Alksne in Cindy Dumas v. Eric MoelterWritten by: Chris Print This Article
Use of Our Content (Reposting and Quoting)
Update on March 31, 2010:
Eric Moelter has started to speak up a bit about what has happened in the false sexual abuse and child custody abduction case of Cindy Dumas v. Eric Moelter. He believes Cindy Dumas suffers from Borderline Personality Disorder and has been waging a distortion campaign against him for years. Please see our update in Eric Moelter Speaks Against Cindy Dumas Distortion Campaign.
On January 15, 2010, there will be yet another hearing in the long-running and highly destructive San Diego family law case of Cindy Dumas v. Eric Moelter that started in 2003. In this case, Dumas has alleged for years that Moelter sexually abused their children. The children corroborated some of these claims, but were viewed as potentially repeating misinformation and opinions programmed into them by their mother. Despite investigations that don’t agree with Dumas, she would not change her opinion or reach some resolution that would allow the children safe contact with both of their parents.
This article lays out many of the reported facts and statements and observable events and artifacts such as flyers and websites. Later I’ll be writing about my interpretation of the case and some of the problems with the manner in which the courts and law enforcement are handling this case and others like it.
Background on the Dumas v. Moelter Case
Although complete court records from the State of Hawaii are not readily available online, it appears the Moelter and Dumas family resided in Hawaii in the 1990’s and were divorced in the early 2000’s.
Despite the resolution of the divorce in Hawaii, the child custody battle ended up in the San Diego County court system. Mother Cindy Jean Dumas filed a court action against her ex-husband Eric Moelter in San Diego Superior Court case D477012 on March 27, 2003, shortly after she filed for a DV TRO against him on March 5, 2003. Starting about the same time, she made claims that he physically and sexually abused their youngest son Damon. At the time, he was 6 and his two older brothers were 9 and 10.
(Note: Normally we would avoid mentioning identifiable information on a minor child, but Damon’s name has been circulated extensively throughout the media by his father due to the child abduction and by his mother due to her public campaign to vilify Eric Moelter and alienate the children from him.)
Dumas has organized a significant number of San Diego residents and national organizations to protest what she sees as injustice against her and her sons because the police, CPS, and courts refuse to find that there was ever any abuse and because she has persisted in making accusations despite a continuing lack of evidence, the courts have found that she has disrupted the relationships between the sons and their father. Essentially, the experts and courts have come to the conclusion that Cindy Dumas is a parental alienator.
Dumas wouldn’t accept any of this. She abducted their children around November 5, 2004. An arrest warrant for her was issued on January 11, 2005. She hid from the law for three years in New York, Florida, and Colorado. She eventually reappeared with the children after negotiating that she would not be charged and prosecuted for child abduction and would cooperate with the family law court.
Dumas Went to War, Still Fighting
Since returning to San Diego, Dumas has become increasingly vocal in her opposition to the courts and intent on gathering allies to her side. She and her allies have been staging protests at the San Diego Superior Court Family Law Division on Sixth Avenue during 2009. Part of their protests is picketing. Another part is passing out flyers. Much of their ire is directed at San Diego Superior Court Judge Lorna Alksne, the Presiding Judge for Family Law who is the judicial officer handling the case after the original judge, Judge Michael Smyth, moved to the criminal courts.
Below is a video of one of these protests in the summer of 2009.
KUSI Video Story on Dumas Protests at San Diego Court
Below is the text of one flyer they were passing out in December 2009. You can also examine a scanned PDF of the flyer.
To: Judge Lorna Alksne McKellar
Cc: California Commission on Judicial Performance, Chief Justice George, Governor Schwarzengegger, Attorney General Jerry Brown, D.A. Bonnie Dumanis, Speaker Karen Bass, Assemblyman Nathan Fletcher, Assemblywoman Fiona Ma, Senator Dennis Hollingsworth, Senator Ellen Corbett, Supervisor Diane Jacobs, Mayor Jerry Sanders
Don’t ignore Damon’s courageous reports of abuse any longer!!
Thousands of people from all over California and the U.S. are supporting his right to be protected after reading about his story at SavingDamon.com and StopFamilyViolence.org.
Damon in 13 years old and has been bravely reporting years of physical, sexual and emotional abuse by his father, despite his father’s threats to kill him and his mother if he told anyone about the abuse. Damon has said that he will run away or kill himself if he is forced to live with his father. You must not take a chance with his life.
Family Code 3118 states you must do a full investigation of the abuse before forcing him to go back with his father. Family Code 3027.5 states you cannot take custody away from parents who are trying to protect their children from abuse. These laws were enacted because so many judges have not protected children and have punished protective parents with loss of custody when they tried to protect their children.
Please protect Demon and allow him to return to his protective, loving mother. Your most important job is to protect children and families!
GO TO SAVINGDAMON.COM TO SIGN THIS PETITION
COURT ORDERED ABUSE
Approximately 58,000 children a year are placed in this custody of convicted abusers! Millions of children report abuse but are forced with live with their abusers.
Children rarely report abuse falsely, but family court judges, minors’ counsels and psychologists disregard their cries for help and re-victimize them.
The vast majority of parents (usually mothers) who try to protect their children in family court are placed on supervised visits and lose custody to the abuser.
Unscientific forms of mother blame such as alienation, unfriendly parent, coaching, danger to the children, etc. are used to take custody away.
Expensive attorneys and psychologists are appointed to “reunify” children with abusers using threats, fear, maternal deprivation, lies, deprogramming, coercion, and isolation — prisoner-of-war tactics.
Children and their mothers are tormented by being deprived of each other in order to silence them about the abuse.
Instead of protecting children, family courts bankrupt parents and deprived them of their Constitutional right to parent and protect their children.
WORST OF ALL: the children are hurt and damaged by continuing abuse and loss of their mother; and the perpetrators are allowed around YOUR CHILDREN.
Demand FAMILY COURT protect children!!
Research: LeadershipCouncil.org; ProtectiveParents.com, SavingDamon.com, StopFamilyViolence.org, mothers-of-lost-children.com
Facebook: Protective Mothers Alliance
To report negligent/corrupt officials: Distinctioninfamilycourts.com
Books: From Madness to Munity, Why Mothers are Running from Family Courts and What Can Be Done About It, by Neustein and Lesher
Court Licensed Abuse, by S. Carolyn Taylor
A Mother’s Nightmare, by John Meyers
Mothers on Trial, by Phyllis Chesler
Dumas Web Campaign
Dumas has spread her campaign into cyberspace. She has the “Saving Damon” website running to publicize the case. She also has a Facebook page, a MySpace page, and others. Some appear to be published by her, others by organizations affiliated with her.
Dumas has convinced some of her friends to publicize the case and her criticisms of the San Diego courts and Lorna Alksne. For instance, one of her apparent friends identifying herself as Elizabeth Donaldson claims to have published the following blog post in 2009:
(from “It’s my heart they’re burning…”)
For all their words about looking out for the best interests of the child, reunifying family members, etc., California Family Court is not really Family Court.
It’s a slave auction.
Consider: most children are placed in the custody of the parent who has/pays/donates the most money. Any attempts to uncover the ugly truth are rapidly smothered. The children in question are traumatized for years (if not the rest of their life), and little/no real effort is made to help them heal from it. They are bartered and used in threats like they are no more than cheap trinkets.
And, in the case of my friend’s children, siblings are placed in separate homes with no foreseeable reunification until they are out of the system, i.e. when they reach the age of majority.
Yes, you read that right.
Today, Judge Lorna Alksne of San Diego Family Court placed my friend’s two oldest boys (17 and 15) in the custody of their father, Eric Moelter, the man who repeatedly sexually abused the youngest boy (13 years of age), who is still in the custody of Moelter’s friend’s family. Having full physical and legal custody of the two oldest, Eric Moelter could easily hold visits with the youngest over their heads, should the boys choose to resist.
But one of, if not the, truly heartbreaking things about this is that recently, the youngest boy told the custody evaluator Dr. Breffni Barrett that he was afraid to be alone, and hated being without his brothers. And so, they have decided to continue waging war on a child, for daring to tell the truth.
It’s been a while since I’ve felt so powerless, and hated every moment of it.
If you remember nothing else from this post, remember this: Judge Lorna Alksne, Dr. Breffni Barrett, and Eric Moelter are part of the evil that fuels California’s injustice system. Remember those names. Tell everyone. These vampires operate best in secrecy; exposing them to the world will weaken them like sunlight does others of their kind.
UPDATE: March 30, 2011:
To the best of my knowledge of this case, there are a number of very strong reasons to doubt many of the claims of Cindy Dumas. For one, her pattern of behavior viciously attacking Moelter for years despite major holes in her stories looks an awful lot like the actions of a person suffering from a personality disorder. Despite this, or some may say because of the intensity associated with such behaviors, she is clearly able to motivate many people to help her viciously attack Eric Moelter.
While many of Donaldson’s comments above about the San Diego family court system have significant cause, her allegations that Eric Moelter “repeatedly sexually abused” Damon is likely grounds for a defamation lawsuit against her. She is now complaining about the attributed quotation of her writing above despite it falling under the fair use doctrine. Perhaps she realizes that she has defamed Eric Moelter and does not have the honesty to admit it?
Moelter Appears Quiet Publicly
There are signs that Eric Moelter may have tried to both find the kids after Dumas abducted them and to counteract their mother’s public attacks on him by using the Internet. The remnants of a mostly defunct website at http://ericmoelter.com still show content tags for related keywords in the HTML source code, but the page appears as almost blank with virtually every link to a file or image broken.
Aside from this, there’s nothing obvious on the web that appears to be coming from Moelter. It seems he’s not interested in slugging it out in public, or has realized that all it accomplishes is to further aggravate Cindy Dumas into further hostilities.
Lorna Alksne Delayed Hearings Yet Again
Judge Lorna Alksne has been delaying hearings in this case as she’s done in many others she is handling (see Unjust Delays in San Diego Family Law Courts). It appears Alksne lacks the commitment, resources, and/or judicial expertise to ensure reasonably speedy justice, especially in cases like this one.
While for many types of court cases it may not particularly matter if resolution is achieved in one year or two, in child custody cases the time delay is a serious problem. Years of childhood can race by while corrupt and inept courts fail to do their jobs. Children can miss out on having one or both parents, grandparents, and other relatives in their lives because of abusively slow courts.
The Dumas case is near the end of its seventh year in court. While Cindy Dumas is partially at fault for that herself because she ran away with the children for three years, the courts do bear substantial blame for delays like these. They are happening not just in this case but also in cases in which litigants haven’t run away with the children and there is no excuse for the years of delay in resolving child custody questions.
It appears the latest hearing now rescheduled for Friday, January 15, 2010 will finally move forward according to the San Diego Superior Courts calendar on their website on January 11, 2010:
Dept. F5: Judge LORNA ALKSNE 1555 Sixth Avenue, San Diego
09:00AM D477012 OSC DUMAS, CINDY . vs MOELTER, ERIC
DUMAS, CINDY . (P) PRO PER
MOELTER, ERIC (D) HENRICH, WILLIAM M.
MINORS, COUNSEL (D) PLAVNICK, GARY S.
MINORS, COUNSEL (D) SMITH, TIMOTHY N.
MINORS, COUNSEL (D) SCHULMAN, DAVID S.
|Child Abduction, Child Abuse, Child Custody, Children, Courts, Divorce, Domestic Violence, Family, Government Abuse, Legal, Parental Alienation, Psychology|