(FL) Custody Feud: Fair Hearing Denied for Linda Marie Sacks

From MomLogic

Gina Kaysen Fernandes: A Daytona Beach, Florida mother who lost custody of her two girls whom she believes are being sexually abused by their father was dealt a crushing legal blow in her the latest courtroom clash. Linda Marie Sacks recently shared her heartbreaking story with momlogic, describing how a judge punished her in family court for raising concerns about her children's documented abuse.

ncmbts.blogspot.com

After going public with her story, Linda Marie filed an appeal with Florida's Fifth District Court of Appeals in her third attempt to regain custody of her kids. The self-described "squeaky clean" mom has only been allowed to see her teen-aged daughters two hours a month during supervised visits. "After 3 years with only 64 hours of contact with my children... enough is enough, " said Linda Marie.

This week Volusia County Judge Shawn L. Briese canceled a scheduled hearing and refused to allow the testimony of a clinical psychologist who believes Linda Marie's two daughters are victims of child sexual abuse. Dr. Kathy Pearce intended to testify about case notes she recently reviewed from the children's therapist's file. "I had seen the summary of her [the therapist's] files but I had never seen her actual notes," Pearce said. "There was much more there than I ever knew."

Linda Marie faced an uphill legal battle from the get-go. Her wealthy ex-husband hired aggressive attorneys to maneuver his way through the courts. He also paid out of pocket for his own psychologists who are essentially hired guns intended to repeat the father's version of events on the stand. The evaluator claimed the father's sexual behavior was within "normal limits". The teens' father has admitted to inappropriate behavior such as wiping down the vaginas of his school-aged daughters.

Cashing in on child custody fights

Legal watchdog groups say the family courts are ripe for corruption. "The whole system is set up to churn fees," says Kathleen Russell of the Center for Judicial Excellence. In high conflict custody cases, a family court judge typically assigns "court appointees" to provide counseling and evaluations of the parents and their children. The cost of these sessions, which are paid by the parents, can add up quickly. "It's a very lucrative industry," says Russell "these mental health professionals are making a handsome living."

What concerns Russell most is that there's no regulation or oversight of this cottage industry. Many of the accused abusers will pay the evaluator directly which can lead to collusion. The court appointees also have legal immunity that prevents them from being sued for unethical behavior. "There's no checks and balances and no questioning of authority," said Russell. The court-hired professionals have significant power when it comes to determining a child's future. Judges generally defer to the appointee's recommendations before making a custody ruling.

Linda Marie says the custody evaluator ordered to examine her case in 2004 never called the abuse hotline, despite having a legal obligation under the mandatory reporting laws.
The psychologist dismissed the girls' abuse history and their father's inappropriate behavior. However the therapist determined Linda Marie had a better psychological bond with the children and recommended the mother should be the primary parent.

Two years later, that same therapist reversed her decision and decided that Linda Marie's ex-husband should have sole custody of their kids. This change of heart happened coincidentally while an associate in her office was hired to evaluate the father. "Money can buy the outcome you want, with total disregard to the children's welfare or safety," said Linda Marie.

While the family courts may initially have had good intentions by relying on mental health professionals, critics argue it's only making the situation worse. "These are criminal matters," says Russell "They need to be investigated as crimes." She advises parents to avoid family court at all cost and try to mediate your divorce instead. If you end up in family court, Russell recommends you collect as much evidence as possible, report abusive behavior when it happens and document it with photos.

There's no turning back for Linda Marie Sacks who intends to keep fighting as long as it takes to get her girls back. "I have my sights on the US Supreme Court if they do not give me my children back and a new judge." While Linda Marie's case may seem extreme, it's not unique. "It's happening to thousands of mothers stuck in family court trying to protect their children," says Russell. "It's a bottomless pit."

Read more: http://www.momlogic.com/2010/04/child_custody_feud_fair_hearing_denied_linda_marie.php#ixzz0mbWsLbmI

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MICKEY SHERMAN HOSTS SUSAN MURPHY-MILANO ON “SHERMAN’S LAW”

Posted by Administrator on 04/29/2010 · Leave a Comment

Tune in live at 4pm Eastern, Thursday, April 29 for the broadcast of “Sherman’s Law” on News Talk AM1490WGCH.  Host Mickey Sherman welcomes Susan Murphy-Milano to discuss her groundbreaking book, “Time’s Up: A Guide on How to Leave an Abusive and Stalking Relationship.”

The link to listen live or to the archive is HERE

Former public defender and prosecutor, Mickey Sherman is a criminal defense lawyer who has represented clients in a very wide range of criminal cases. His innovative courtroom and trial techniques have been the subject of feature articles in the New York Times, National Law Journal, The American Lawyer, Time Magazine, Vanity Fair and other publications.

His cases have been featured on Dateline, 48 Hours, Court TV, America’s Most Wanted, Law & Order and pretty much everything else except the Food Network. Mickey has been portrayed on Law & Order, two TV movies and he is a recurring character in three of James Patterson’s books, most recently “The 6th Target” a #1 on the NYT Best Seller list. He plays himself in the recent Barry Levinson film, “Man of the Year,” starring Robin Williams.

Susan Murphy-Milano is a specialist in family violence and works nationally with domestic violence programs, law enforcement and prosecutors providing technical and consulting services in “high risk” domestic violence and stalking related cases. Her principal objective is to intervene before a victim is seriously injured or killed.

Author of “Defending Our Lives” published by Doubleday, and “Moving Out Moving On: When a Relationship Goes Wrong,” Susan is the host of The Susan Murphy Milano Show and is also a contributor to “Time’s Up!” and“Women In Crime Ink” online. With co-stars, Dennis Griffin and Vito Colucci, Susan will be participating in the new television show, “Crime Wire” which will examine cases in which the investigations have left questions unanswered and possible criminal activity unexposed.

Filed under Client Events, ImaginePublicity, Susan Murphy Milano, Uncategorized · Tagged with cnn, Domestic violence, mickey sherman, oprah, sherman' law, Susan Murphy Milano, Time's Up

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National columnist will present Jana Mackey lecture

National columnist will present Jana Mackey lecture By Kevin Hardy

Kansan.com

Monday, April 26, 2010

Nationally syndicated columnist Connie Schultz will give this year’s Jana Mackey Distinguished Lecture Wednesday at 7:30 p.m at the Dole Institute of Politics.

The lecture, titled “Words from the Heart: Gender, Justice and Advocacy,” is part of an annual series meant to commemorate late KU law student Jana Mackey, who was murdered by her ex-boyfriend in 2008. Mackey, who was a dedicated women’s rights activist, graduated with a KU bachelor’s degree in 2004.

“We selected Connie Schultz to be this year’s speaker because of her dedication to issues of concern to Jana,” said Kathy Rose-Mockry, director of the Emily Taylor Women’s Resource Center in a news release. “Connie has spent her career fighting for the same causes Jana did: women’s rights, equality, social justice and serving others.”

Schultz, a biweekly columnist for the Cleveland Plain Dealer and Creators Syndicate, won the Pulitzer prize for commentary in 2005 and is the author of two books.

The program is free and open to the public. Seating is available on a first-come, first-served basis.

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(KS) Domestic Violence has thousands of faces though many are masked by Fear

Act to prevent domestic violence

 

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Domestic violence has thousands of faces in Kansas, though many are masked by fear, isolation and ignorance.

Former Attorney General Robert Stephan recalls telling an audience that he wished state lawmakers demonstrated as much compassion for women as for abused dogs — to which a man in the audience helpfully remarked that dogs cannot protect themselves, but women can.

Such attitudes are at odds with the facts, including that 48 adults and children died in domestic violence last year in Kansas, constituting more than 25 percent of all murders.

And even when those threatened by domestic violence try to protect themselves, the abuser may beat the system.

That's what happened when Karen Kahler's estranged husband repeatedly defied a protective order last year and allegedly assaulted and harassed her; James Kraig Kahler is now charged with killing his wife, their two teenage daughters and his grandmother-in-law in Burlingame over Thanksgiving weekend.

Or consider Rosa Gomez and the co-worker killed last fall in Salina by her ex-husband, who had flouted a protection order three times.

Or Jennie Jacobsen, stabbed to death in Lyons in November — allegedly by a boyfriend with a protective order against him who was on probation after serving prison time for beating another woman.

In hindsight, the facts of such fatal domestic violence couldn't be more clear. It's harder to recognize the signs and act accordingly before it's too late.

Even Denise Brown managed to miss or disregard what was happening to her sister Nicole Brown Simpson until after she was murdered in 1994 — a crime that led to ex-husband O.J. Simpson's famous trial and miraculous acquittal.

As Denise Brown told a crowd Tuesday at a fundraiser for the Wichita Women's Initiative Network: "We were at these places where the abuse was taking place, and we didn't know it was happening."

As she also said: "Something has to change."

Awareness-raising occasions such as this Kansas Crime Victims' Rights Week and Sexual Assault Awareness Month can help, spreading the word that Kansans in abusive situations should contact law enforcement or call 888-END-ABUSE.

And after a two-year push led by the parents of slain University of Kansas law student and women's studies graduate Jana Mackey, the Legislature recently passed a law to better quantify and track the problem by tagging criminal case files that include elements of domestic violence.

"Frankly, I thought this would be a piece of cake," Stephan said Tuesday, marveling at the effort involved in passing the law as it was signed for a ceremonial second time by Gov. Mark Parkinson.

The advocates of the new law deserve credit for their tenacity. It will take more advocacy, tenacity, vigilance and, inevitably, resources to turn domestic violence into an ugly thing of the past in Kansas.

— For the editorial board, Rhonda Holman

Read more: http://www.kansas.com/2010/04/22/1280854/act-to-prevent-domestic-violence.html#ixzz0lq8ROFzq

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Denise Brown: Educate about domestic violence

 

BY HURST LAVIANA

The Wichita Eagle

Looking back, Denise Brown can see how domestic violence consumed her sister's marriage before she was murdered in Los Angeles in 1994.

But Denise Brown said she often overlooked the rage exhibited by Nicole Brown Simpson's husband, O.J. Simpson.

Because she knew nothing at the time about the cycle of violence in abusive relationships, Brown said, she never thought to intervene.

"We were at these places where the abuse was taking place, and we didn't know it was happening," she said.

Denise Brown became a national speaker about domestic violence after Simpson was charged with and acquitted of Nicole Brown's murder.

Brown was a guest speaker Tuesday night at a fundraiser for the Wichita Women's Initiative Network at the Wichita State University Hughes Metropolitan Complex.

WIN is a nonprofit organization that provides female survivors of domestic abuse with educational and employment opportunities.

Brown said it wasn't until she read her dead sister's diaries that she realized how her sister had been abused throughout her seven-year marriage.

"Before she was murdered everybody thought she had a wonderful life," Brown said. "But she had that dirty little secret she didn't want anybody to know about."

Brown said she has since learned that abusers and their victims often hide the signs of violence.

"They are very good at hiding the bruises," she said. "Abusers are very good at hitting you where you can hide it."

Brown urged the audience of several hundred to spread the word about the importance of understanding domestic violence.

"Something has to change," she said. "We have to start teaching our youth. We have to start teaching our teenagers."

She said anybody can become the victim of domestic violence.

"I used to read about these things and I thought, 'Oh my God. These poor people,' " she said. "You never think it's going to happen to you. You never think it's going to happen to your family."

Reach Hurst Laviana at 316-268-6499 or hlaviana@wichitaeagle.com.

Buzz up!on Yahoo!

Read more: http://www.kansas.com/2010/04/20/1278776/denise-brown-educate-about-domestic.html#ixzz0ljrgLIj9

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KS: New Law Targets Domestic Violence

Law targets domestic violence

ANN WILLIAMSON/THE CAPITAL-JOURNAL

Gov. Mark Parkinson signs a domestic violence bill into law Tuesday at the Maner Conference Centre in front of Jana Mackey’s stepfather Curt Brungardt and mother Christie Brungardt. Jana Mackey, a victim of domestic violence, was killed in 2008, and her parents have been a part of Jana’s Campaign to get the bill passed in the Kansas Legislature.

 

BY TIM CARPENTER

April 20, 2010 - 12:23pm

Gov. Mark Parkinson's signature on the document Tuesday was ceremonial — but it sent a real-world message to perpetrators of domestic violence.

The Democratic chief executive was joined on a stage in Topeka with people devoting their lives to curtail domestic problems, including Curt and Christie Brungardt. They came to be advocates amid the pain and sorrow of the 2008 murder in Lawrence of their daughter Jana Mackey, a law student at The University of Kansas, by a former boyfriend.

Parkinson signed on April 12 a law that carries Mackey's name and put pen to paper a second time at a conference on crime victim rights to amplify his commitment to oppose domestic violence.

The new law is intended to improve tracking of domestic violence through the state's criminal justice system. The files of men and women will literally be tagged if there is an element of domestic violence in a case. The information might help law enforcement, advocacy groups and families as each responds to the "truth about domestic violence in our state," he said.

"Today is a good day," the governor said. "I am confident we are going to reduce the very negative effects that can happen with domestic violence."

Curt Brungardt said the law sent a clear message that domestic violence was a public safety issue, not a private affair, and demonstrated to those who engage in this type of behavior that their actions were unacceptable.

The tag measure should raise the profile of domestic violence issues and provide motivation to support awareness, treatment and education on the subject, Christie Brungardt said.

"This is something we are tackling," she said.

Bob Stephan, a former Kansas attorney general, introduced Parkinson to more than 150 people attending the 13th annual Crime Victims' Rights Conference at the Capitol Plaza Hotel.

Stephan thought the domestic violence tag proposal would sail through the House and Senate, but it took more than two years to gain approval.

"Frankly, I thought this would be a piece of cake," he said.

Parkinson said three legislators, Rep. Jan Pauls, D-Hutchinson, Sen. Tim Owens, R-Overland Park, and Rep. Pat Colloton, R-Leawood, deserved special recognition for not giving up on the bill.

"It likely would not have happened without the three of them," the governor said.

Parkinson also said he was alarmed by the volume of violence against women throughout the world.

"The treatment of women on this planet is shameful," he said.

Kansas Bill will track domestic violence cases

Bill will track domestic violence cases

Last Update: 4:05 pm

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(Rocky Arnold)

A ceremonial bill signed by Governor Mark Parkinson Tuesday will help track domestic violence cases in the state.

It's an issue Curt and Christie Brungardt know all too well. They are the parents of Jana Mackey, a KU law student murdered by an ex-boyfriend two years ago. The new law will flag files of men and women involved in domestic violence cases. The hope is by tracking the cases it will help law enforcement keep those cases from escalating as it did in Jana's case. Her parents say getting the bill passed in Kansas is just the first step and they hope Jana's story will help curb domestic violence across the world. Curt Brungardt said, "Our hope is that where ever this takes us, let's keep the fight up against domestic violence and violence in general against woman, and we want to keep telling Jana's story, if that keeps helping, we'll keep talking and we'll carry on, until our strength is gone.”

Tuesday’s bill signing was only ceremonial as the governor signed the actual bill into law April 12th.

Jana Mackey’s parents praise new law aimed at reducing domestic violence

TUESDAY, APRIL 20, 2010

Jana Mackey’s parents praise new law aimed at reducing domestic violence

By Scott Rothschild

Gov. Mark Parkinson said Tuesday a new law aimed at identifying domestic violence earlier should lead to a decrease in the crime.

Jana Lynne Mackey, 25, of Lawrence

Parkinson’s comments came during a ceremonial bill signing of House Bill 2517 at the 13th annual Crime Victims’ Rights Conference.

He was accompanied by former Attorney General Bob Stephan, members of the Governor’s Domestic Violence Fatality Review Board, and Christie and Curt Brungardt, the mother and stepfather of Jana Mackey, who was murdered by her former boyfriend in Lawrence in 2008.

“I’m thankful that so many fought for this bill,” said Christie Brungardt.

The new law is designed to identify domestic violence offenders in legal proceedings, track repeat offenders, and requires courts to order assessment of offenders and recommend treatment programs.

Christie Brungardt's daughter, Jana, served as a sexual assault and domestic violence advocate and lobbyist for the National Organization for Women. Mackey was murdered by Adolfo Garcia-Nunez, who was arrested in New Jersey and then committed suicide in a holding cell.

Curt Brungardt said if someone like Jana could be the victim of domestic violence, “this could truly happen to anybody.”

The couple are trying to raise awareness about domestic violence statewide, nationally and internationally.

Parkinson said it’s a noble mission. “The treatment of women on this planet is shameful,” he said.

More like this

• Domestic violence bill heard February 1, 2010
• Parents of KU student slain by ex-boyfriend seek changes to state law December 10, 2009
• Legislators approve bill that strengthens domestic violence laws March 31, 2010
• Domestic violence legislation advanced February 18, 2010
• Governor signs into law bill aimed at domestic violence April 12, 2010

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Kansas Governor : New Domestic Violence Law; April 20, 2010 at 10:30 a.m.

http://www.kslegislature.org/bills/2010/2517.pdf

 

Kansas Governor to sign DV bill

www.JanasCampaign.org

On April 20 at 10:30 a.m. at Topeka Capitol Plaza Hotel, Kansas Governor Mark Parkinson will sign the domestic violence designation bill that was earlier passed by the

Kansas Legislature.

Kansas Legislature passes DV bill

It is official. The Kansas Legislature has passed the DV Designation Bill HB2517. On March 30, the Kansas House passed the Senate version 119-0. This is the most comprehensive domestic violence legislation ever passed in Kansas. All that remains is the Governor's signature to turn this bill into law. The Brungardts are overwhelmed by this news and thank you all for your support. News

KANSAS HOUSE BILL 2517 DOMESTIC VIOLENCE LAW DOMESTIC VIOLENCE TAG

www.JanasCampaign.org

• Kansas House Bill 2517: Domestic Violence Law Tag ...
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• Audio Testimony Before the House Committee on Corr...
• KS HB 2517 - Completed Submitted written Testimoni...
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• Kansas Committee to hear testimony on Domestic Vio...

http://www.kslegislature.org/bills/2010/2517.pdf

[scribd id=30217564 key=key-13262kvomzxnz5w1jlby mode=list]

KS Governor to sign into law April 20, 2010 Kansas House Bill 2517: Domestic Violence Law

Substitute for HOUSE BILL No. 2517

AN ACT concerning crimes, punishment and criminal procedure; relating to domestic violence; amending K.S.A. 20-369, 22-2307 and 22-2908 and K.S.A. 2009 Supp. 21-3110,
21-3412a, 21-4603d, 22-2909 and 75-712 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

New Section 1. (a) On and after July 1, 2011, in all criminal cases, if there is evidence that the defendant committed a domestic violence offense, the trier of fact shall determine whether the defendant committed a domestic violence offense.

 

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Kansas Governor to sign DV bill On April 20 at 10:30 a.m.

Kansas Governor to sign DV bill

www.JanasCampaign.org

On April 20 at 10:30 a.m. at Topeka Capitol Plaza Hotel, Kansas Governor Mark Parkinson will sign the domestic violence designation bill that was earlier passed by the

Kansas Legislature. More information about this event will come later.

Kansas Legislature passes DV bill

It is official. The Kansas Legislature has passed the DV Designation Bill HB2517. On March 30, the Kansas

House passed the Senate version 119-0. This is the most comprehensive domestic violence legislation ever passed in Kansas. All that remains is the Governor's signature to turn this bill into law. The Brungardts are overwhelmed by this news and thank you all for your support. News

 

KANSAS HOUSE BILL 2517 DOMESTIC VIOLENCE LAWDOMESTIC VIOLENCE TAG

www.JanasCampaign.org

• Kansas House Bill 2517: Domestic Violence Law Tag ...
• Say NO – UNiTE Globally to End Violence Against Wo...
• Today they vote on Kansas HB 2517 Domestic Violenc...
• KS Legislators consider new domestic violence bill...
• FOX4: Advocates, Prosecutors Pushing for Tougher K...
• Audio Testimony Before the House Committee on Corr...
• KS HB 2517 - Completed Submitted written Testimoni...
• Kansas Lawmakers Heard Testimony Today on Domestic...
• Kansas Committee to hear testimony on Domestic Vio...

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(KS) Events will shine light on domestic violence Denise Brown, Curt & Christie Brungardt

http://www.kansas.com/2010/04/17/1272955/events-will-shine-light-on-domestic.html

 

Events will shine light on domestic violence

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BY STAN FINGER

The Wichita Eagle

They have been thrust into the spotlight by the violent deaths of family members more than a decade apart.

Now Denise Brown and Curt and Christie Brungardt will meet in Wichita for events intended to raise awareness about the prevalence and dangers of domestic violence.

Brown became a national speaker about domestic violence in the years since her sister, Nicole Brown Simpson, was found murdered in Los Angeles in 1994.

The Brungardts have made speaking out against domestic violence a focal point of their lives since their daughter, Jana Mackey, was murdered in her ex-boyfriend's apartment in Lawrence in July 2008.

Their appearances are part of a fundraiser for the Wichita Women's Initiative Network, a nonprofit organization that provides female survivors of domestic abuse with educational and employment opportunities.

"I'm excited that people are going to be able to have some awareness and learn about resources in the community," WIN director Kelley Graham said. "Most people in Wichita have not heard about the work that we do and the people that we serve."

Brown will appear at a VIP reception at 6:30 p.m. Monday at Hotel at Old Town and a luncheon at noon Tuesday at the Wichita Marriott. She will speak at 7:30 p.m. Tuesday at the Wichita State University Hughes Metropolitan Complex.

The Brungardts will be at the VIP reception Monday night, then head to Topeka Tuesday to witness Gov. Parkinson sign into law legislation they helped spearhead.

When it goes into effect on July 1, 2011, it will clarify diversion, assessment and intervention issues, said Sandy Barnett, executive director of the Kansas Coalition Against Sexual & Domestic Violence.

"It will help close the gap on information available to prosecutors and courts when addressing criminal cases," Barnett said.

Currently, she said, law enforcement, courts and prosecutors may have information on a defendant's criminal history, but it does not state whether those incidents were committed in the context of domestic violence.

The law also requires law enforcement officers to consider defense of a person or property when determining whether to arrest a person for domestic violence.

That's an important component, Graham said, because several women told her they were arrested when they were simply defending themselves against their attackers.

Everyone is vulnerable

The Brungardts will bring a simple message to the event: Domestic violence can harm or kill anyone.

Professors who taught classes she was in at the University of Kansas have told the Brungardts just that: "If Jana Mackey can be a victim of domestic violence, all of us are vulnerable."

Mackey, 25, was an ardent advocate for women's rights, according to the website Jana's Campaign to Stop Domestic Violence. She spent years volunteering to aid victims of sexual assault and domestic violence.

She received her bachelor's degree in women's studies from KU and participated in KU's Commission on the Status of Women. The university has created the "Jana Mackey Distinguished Lecture Series" in her honor.

Mackey had recently ended a relationship with Adolfo Garcia-Nunez, a 46-year-old artist who went by the name Fito Garche. He was arrested in New Jersey after Mackey was found dead in his apartment and he committed suicide while in custody.

"They had dated for nearly a year," Christie Brungardt said. "We don't believe there had been on-going violence between them."

Mackey was reported missing before her body was found.

"When we were looking for her, I wasn't thinking about him," Brungardt said. "Maybe I'm just naive. I didn't notice anything out of the ordinary."

'A national epidemic'

Education is the core of the Brungardts' message to others.

"The message we are trying to convey is, you need to be learning about this now," she said. "We need to be having a much larger and broader discussion."

And those discussions need to start when children are young. Teen dating violence has become "a national epidemic," Brungardt said.

One in three women will be the victim of abuse during their lifetime, statistics show, and domestic violence is the leading cause of injury for women between the ages of 15 and 44.

"We're going to have to get behind that like we have drunk-driving laws, seat belts, water conservation," Brungardt said.

Last year tied for the second-deadliest year for homicides linked to domestic violence in Kansas in the past 18 years, Barnett said. Forty-eight adults and children were murdered as a result of domestic violence — more than one-fourth of the state's homicide total.

Since 1992, Kansas has averaged 22 domestic violence-related adult homicides a year, according to the Kansas Bureau of Investigation.

"We're way higher in terms of incidents and fatalities than we should be," Brungardt said.

Reach Stan Finger at 316-268-6437 or sfinger@wichitaeagle.com.

Read more: http://www.kansas.com/2010/04/17/1272955/events-will-shine-light-on-domestic.html#ixzz0lPrb31Kc

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