I see that I've got a number of very interested repeat visitors who obviously have an interest in this case and I want to make it clear that I'm very accessible and willing to talk about it. That said, I'm not big on publishing my contact info on the internet, but if there's anything you'd like to discuss, you can email me via the "Email me" link in the right sidebar. From there, it doesn't take much to get my phone number out of me.
If there's anything you'd like to discuss, just pull the trigger on an email. I'm easy like that.
Sunday, November 30, 2008
To Whom It May Concern
Wednesday, November 26, 2008
The Documents: 209A violation charge
On July 18, 2003 a 209A (restraining order) violation charge was filed against me by Foxboro police officer Scott Hodson, at the request of Cynthia Whelahan. The best summary of the situation was published in Massachussetts Lawyers Weekly and can be found here. The report, along with the police log entry (which comes into play again later in this story) is here. Hodson's testimony at trial is here. Whelahan's testimony is here: Part 1 and Part 2. My testimony is here: Part 1, Part 2 and Part 3.
If you've read all that, please consider two questions. First, who do you believe as to what the content of the message left was? Second, would you hire Scott Hodson to pick up dog crap from your lawn? That boy is dumb as a stump, ain't he?
One more question: Does it strike you as odd that this message on an answering machine wasn't preserved as evidence? If you were going to charge someone with leaving a message, wouldn't you keep it to prove that they did it? Of course you would...if you weren't lying about what was said. And if you didn't think the question would ever get to trial. But, as she testified on pages 63-64 of the trial transcript (Part 2 link above), she didn't keep the tape and it was conveniently unavailable to be played at trial. Or was it?
I'm going to get into this document in much more detail later in the story, but this is a letter to me from Foxboro police chief Edward O'Leary explaining the outcome of an "investigation" conducted by FPD Internal Affairs on several complaints that I filed immediately after the July 2004 trial. Look at page 3 of that document, in the paragraph numbered 4 which states as a finding of this "investigation": "That recording was preserved by Ms. Whelahan and could be produced for court presentation if needed." This is an official finding of a police investigation conducted after Whelahan gave sworn testimony indicating that she did not have the recording and didn't keep it because a Foxboro cop, Scott Hodson, told her she didn't need to.
Most people plead these things out for fear of a bad outcome at trial. I had (and declined) the opportunity to have the charges "Continued Without a Finding" which would have had them dismissed after a year. But that requires an "admission to sufficient facts" to prove guilt, and I wasn't guilty of anything, so that was out. Still, most people take the deal. Most people. The cops and DA's count on it. If everyone exercised their right to a jury trial, this corrupt system would be brought to its knees in short order and this sort of nonsense would stop.
UPDATE: Memo to Cindy, since she's reading. Remember that smug, condescending attitude and that smirk on your face on the day in question when I was at the house getting some of my things and learning that you'd decided to steal the rest from me? You know, that attitude you were throwing at me while you were charming your new buddy Scott Hodson who somehow couldn't remember having been there an hour or so before the two of you decided to dummy up a new criminal charge to hang on me. How's that holding up these days, Boots? Do you still find all this funny?
Addendum: It also bears noting that the 10 day hearing on this restraining order was conducted first thing on a Monday morning, piggybacked on the A&B arraignment, less than 24 hours after the order was served leaving me no opportunity to get a lawyer or to really understand the implications of the order, let alone prepare a proper defense, gather witnesses, etc. This thing was extended for a year without me having any real opportunity to fight it. They pass these things out like candy, and they really don't care about having any sort of fair, reasonable hearing on them.
Tuesday, November 18, 2008
The beginning
OK, three documents here, all in PDF files. First, Cynthia Whelahan's Voluntary Statement written just after having me arrested. Second, Foxboro Police officer McDonald's narrative from the police report. Then we have Page 164 of the trial transcript, which includes the contents of Whelahan's 911 call, the tape of which was played at trial.
I'll be editing this post later to add some commentary and connect some dots. For now, I just want to get these out there and make sure it works.
The Documents
I started this blog with the intention of creating a historical record of my trials and tribulations at the hands of the courts of the Commonwealth of Massachusetts. That was two years ago and several forces have played a part in suspending that project. First, I thought this thing was over at the time. That turned out not to be the case and the prospect of further litigation made it unwise to continue at the time. That is no longer an issue. The case is done, and I have been completely exonerated. Second, personal revulsion played a part. Seriously, going through this enormous pile of crap turns my stomach. But it's too important that this be fully documented to let that get in the way. Several requests have renewed my motivation, and I'm going to dedicate some time to scanning and posting the documents related to this case. Well, a lot of them, anyway. There has to be 1000 pages here, but I'm going to endeavor to get the relevant stuff posted. Third, there are some technical issues related to the limits of the Blogger software, but I think I have those worked out. Last, there's the part about me being something of a procrastinator, which is compounded by the second point. I can think of a hundred ways I'd rather spend my time, but I'm feeling a moral obligation to get this done, so I'm going to try to be disciplined about doing it.
Some of the commentary that will accompany this effort is is going to read like an attack on Cindy Whelahan, and by necessity, it will be. She started this nonsense and she pursued it, with malice in mind and lying every step of the way, and that will be made perfectly clear in great detail. But I want to make it clear that that is not my purpose here. What I mean to expose is the system, from the police to the courts to the DA's, that allowed and enabled this travesty to happen with no regard whatsoever for the truth or for the law itself. This system continues to do such things to innocent people every day, and they're spending millions of taxpayer dollars in this pursuit of rank sexism. That is what must be detailed, and that is why I chose the name I did when I started this blog.
For those who'd like a summary, there's a narrative here and there's a more detailed chronology of events here. Someone once quipped after reading those that this story sounds a lot like Franz Kafka's "The Trial" I think that "Kafkaesque" is a fairly accurate descriptor.
Wednesday, July 16, 2008
Reminiscing, 5 years later
Every week, I get an email from Sitemeter and sometimes it prompts me to take a look at the traffic the site is getting. There really aren't any gaudy numbers to look at, so I tend to look more at where the traffic comes from, how long the visitor stays, etc...
That email often just gets deleted, but this week is significant in that that Sunday, July 13th was five years to the day from the day I went to bed and wound up in jail, courtesy of my favorite felon, Cynthia Whelehan. And strangely enough, guess who visited this little site on July 13? Yup. Cynthia Whelahan. From Lambeth, I presume.
Obviously, I can only assume that she's looking for what I might have to say on the occasion, and I hate to disappoint. So...
I thank God every day that I saw the light before I made two of the most horrific mistakes I would ever have made in my life: marrying you and having a child with you. If you're wondering if you're still on my mind, the answer is yes. I kick myself regularly for being so willfully blind to your utter lack of trust and your inability to be a partner in an adult relationship. And I cringe every time I imagine what my life might be like today if I had submitted to your perverse desire for control.
For a while, there were pangs of sadness at having lost what often seemed so perfect a relationship before we lived together. But every time those cropped up, all I had to do was look at what you very intentionally did to me, and I know that I made the right decision when I told you I was leaving. You made yourself awfully easy to get over, and I suppose I should thank you for that. I know I could never trust you, which is sort of ironic, given that I had already made that leap of faith that you simply couldn't.
I really should get around to posting all of the documents from this case, starting with your police statement. The trial testimony is pretty juicy too. A full document dump is in order, even though it's hundreds of pages. I should set some time aside to share, don't you think?
Friday, October 19, 2007
Upcoming 209A Forum - Recommended
False Allegations Restraining Order Forum
Defending Yourself in Court
Thursday November 8th from 7pm to 9:30pm
Marriot Courtyard Westboro at Route 495 and Route 20 intersection. One
block West of 495
Massachusetts courts have been issuing domestic abuse restraining orders (Ch. 209A) at the rate of about 40,000 per year. Judges give them out even if a person claims to have a vague fear. Once an order is issued, the defendant can lose his house, his children, his guns, his livelihood, and sometimes his life.
Something must be done to help those who are falsely accused. Of course, no one defends actual abuse. However, some lawyers say that as many as 95% of restraining orders are issued on false allegations, for reasons like breaking up with a boyfriend, or getting a leg up in a divorce. This is abuse of the purpose of these orders. The phrase used by lawyers is that they are “given out like candy”. At this
point, a mere claim of “Fear” is sufficient to issue these devastating restraining orders. Even though the Mass. Appeals Court has said this is NOT lawful most judges are ignoring the Appeal Court guidelines. The result is destroying parents and children’s lives.
Education and legislative efforts are underway to stop this unconstitutional law and prosecute false accusations to stop this destruction. False accusations and restraining orders have become a tool to tear apart families, and traumatize children, when no domestic violence has occurred and there is no proof that
they help anyone. In fact some studies show they cause far more problems than they prevent.
LEARN HOW TO FIGHT A FALSE 209A RESTRAINING ORDER IN COURT INCLUDING:
1. What to do when you suspect an order is on the way.
2. How to prepare for your day in court.
3. How you can defend yourself against false allegations and claims of fear.
4. How to get evidence that will win.
5. Skits on how to present your court case the WRONG way, and the RIGHT way.
6. Take home valuable and practical written information to use in Court, including key cases and legal arguments.
Who Should Attend: Anyone involved in a divorce proceeding, anyone under a restraining order now, anyone in a relationship going sour.
Call (617) SAD-DADS to reserve your seat. Just leave your name, phone and email address.
Requested Donation is $5-$10 to cover hotel and refreshment costs.
Sponsored by: www.FatherhoodCoalition.org and www.FathersUnite.org where much more information can be found on these and related divorce issues.
Sunday, October 07, 2007
Victims of false domestic violence reporting detail experiences
An eye opening article appears in The West Virginia Record detailing two studies into the abuse of restraining orders. The article is here, and I'll cite it extensively after the jump in case the article expires from the WVR website.
I'd like to connect it to the same problem in Massachusetts, but the Commonwealth has done it's very best to see that this doesn't happen. You see, a gentleman by the name of Steve Basile conducted a similar study, focusing on orders issued in the Gardner District Court in the year 1997. As Basile and others began to expand the scope of the original study, the Commonwealth and Jane Doe, Inc responded with a successful effort to restrict access to the orders and to the data, ensuring that no such study could ever be completed.
They don't want the truth getting out. Lies are their livelihood, and that hasn't changed under the reign of Martha Coakley.
The WVR article follows:
Victims of false domestic violence reporting detail experiences
10/5/2007 9:00 AM
By Lawrence Smith -Kanawha Bureau
CHARLESTON - The release of a study indicating that most of the petitions for domestic violence protection orders may be used for leverage in a divorce or child custody proceeding comes as cold comfort to those who've experienced it firsthand.
"I was so innocent, and the evidence was so profound, I was able to beat that in court myself," said Teresa Lowe.
Lowe was among the 25 people who gathered along Lee Street in front of the Charleston Town Center Mall Monday, Oct. 1 as part of a rally and press conference held by Men and Women Against Discrimination.
To kick off National Domestic Violence Awareness Month, the Vienna-based children's advocacy group staged the event to release two studies showing inequities in the West Virginia judicial system when it comes to domestic violence.
The first study was an analysis of all petitions for domestic violence protective orders filed in Cabell County Family Court during the 2006 calendar year. According the study, 76 percent of all petitions are dismissed.
Using the Cabell County statistics as a model, the second study showed that the time and resources lost in dealing with those dismissed petitions is $18 million.
Though she now lives in her native Wood County, Lowe, 38, says the analysis of Cabell County holds true in Jackson County, where she used to live with her now ex-husband. In the course of their divorce proceeding, Lowe says he leveled accusations against her of child abuse in an attempt to gain custody of their children.
Though the tactic eventually failed, Lowe says she and her children are still feeling the repercussions of those allegations.
"I've spent six years of my life tied up in court," Lowe said.
Likewise, Chris Saunders says the same holds true in Wayne County which not only neighbors Cabell County, but also shares part of Huntington. According to Saunders, accusations of domestic violence were leveled against him on nine different occasions by his ex-wife, not including additional allegations he molested his daughter, which led to two warrants being issued for his arrest.
Now since exonerated of all the charges leveled against him, Saunders, 37, who now lives in Burlington, Ohio, says the studies MAWAD released has a therapeutic effect for him.
"I just like seeing the information get out," Saunders said. "Nobody should have their children torn away for making false allegations."
Hopefully, Sanders says, the studies will convince lawmakers to pass bills criminalizing false reporting of domestic violence, and creating 50/50 parenting plan.
"What we're talking about is children having a right to both halves of themselves," Saunders said.
Charles Pope says both he and wife were victims of domestic violence. He for not being provided assistance after she battered him one night, and her for being provided too much assistance under the assumption she was the victim.
According to Pope, who lives on Charleston's West Side, his wife become violent one night in January. Unbeknownst to him, Pope says, his wife was taking medication for depression, and had been diagnosed with schizophrenia.
"She just snapped," Pope said.
When police came to their house at her urging, Pope says they were prepared to arrest him. However, with the intervention of his pastor, police placed her in custody.
Instead of being arrested, Pope says, his wife was taken to CAMC for evaluation. Believing she was the victim of domestic violence, the hospital referred her to a local shelter for battered women.
Later, when he attempted to have a mental hygiene warrant served on her by Kanawha County Sheriff's Department, Pope says, people at the shelter told deputies she was not there. However, when he publicly detailed his ordeal at a conference on male victimization in April, his wife was released from the shelter.
"And she really never got the help," Pope said.
Pope says he hopes that police will begin to investigate each domestic violence-related case on its merits instead of arriving on the scene with the assumption the man is the guilty party.
Likewise, he would like to see more services, especially overnight shelter, provided to male victims of domestic violence.
"There's too many politicians hooked up in the foolishness of all this," Pope said. "They don't believe a man can be a victim of domestic violence."
"I'm living proof of it," he added
Charly Young says she knows too well of the man-is-guilty mentality many law enforcement officers have. Though she was not formally part of MAWAD's rally, Young, 29, who lives in downtown Charleston, donned one of their T-shirts and joined them in a march around the Town Center on her way to the transit mall.
About two weeks ago, Young says, she and her fiancee got into a heated argument. The argument centered about coping with financial difficulties they are experiencing.
Needless to say, police were summoned to their apartment. Despite telling police no blows were struck, and she shared part of the blame in creating the disturbance, Young said police encouraged her to press charges against her fiancee.
"The police really didn't care," Young said. "They just wanted to take somebody down."
For Young, the matter was "culture shock." A native of Washington, D.C., Young said she moved to Charleston after leaving an abusive relationship in Baltimore in 2003.
After being nearly choked to death by her former boyfriend, Young says she found it incomprehensible that her word alone could have sent her fiancee to jail.
According to Young, the financial challenges she and her fiancee are having stem from a gunshot wound he suffered three years ago. He is still rehabilitating from that wound, and has not had steady employment since then.
Though acknowledging money won't solve all their problems, Young says if more were done to alleviate poverty, then that would go a long way in curbing domestic violence.
"That is where domestic violence comes from in the poor neighborhoods," Young said.
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