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10 February 2011

Justice Denied

JUSTICE DENIED « MamaLiberty's Weblog

Press Release 02/08/11

World’s Most Famous Beach….World’s Most Scandalous Case

Florida Mother DENIED justice when Presiding Judge Torphy, Judge Evander and Judge Cohen REFUSED  to Review Ruling En banc, Write Written Opinion, and Certify Questions to the Florida Supreme Court on  02/07/11

Constitutional and Human Rights Violations in Family Court Cases Rampant in the U.S.

In the “World’s Most Famous Beach”…Daytona Beach, Florida…………they also have the most scandalous case involving a wealthy millionaire, his power, money, and connections to the community that has most experts involved in the national crisis in the family courts regarding “custody visitation scandal cases” asking when will justice prevail for these Florida  children and their Mother.

National advocates and organization’s  are asking for federal investigations into the crisis in the family courts and have documented  violations of litigants constitutional rights and are advocating for America’s children. The Leadership Counsel and Interpersonal Violence (www.leadershipcounsel.org) research shows that US family courts order about 58,000 children a year into unsupervised contact with physically or sexually abusive parents following divorce in the US.

Dr. Phil in April 2010 had the very 1st show regarding the family courts failure to protect abused children, and family court judges dismissing documented evidence of abuse, and taking away loving, caring Mothers.

Linda Marie Sacks, a “Squeaky Clean Mom”, is headed to the Florida Supreme Court and the U.S. Supreme Court in Washington D.C. in her continued efforts to be re-united with her children, and is speaking  out about this injustice to her children, and the national crisis in the family courts. Her daughter’s teacher said..if you can lose custody, America better wake up, because if you can, anyone can. Her case is a Justice for Children case,(www.justiceforchildren.org)

and they are a national organization who advocate for children in abusive situations when “official avenues” judges, police, Dept of Children and Family,  have failed to protect them.

On 12/21/10 she  filed 3 pro se Motions asking the Fifth District Court of Appeals reconsider their 12/7/10 (Case 5D09-3752) ruling that has violated  her constitutional rights to be a parent to her children. On 02/07/11, the Fifth District Court of Appeals, with Presiding Judge Torphy, Judge Evander and Judge Cohen, DENIED all of her Motions, and affirmed the erroneous ruling by the trial court of Judge Shawn L. Briese.

This is her second appeal before the court of appeals. In her first appeal, (Case 5D07-1682) the ruling on custody of her children was REVERSED AND REMANDED due to violations of this Mothers constitutional rights to due process and the opportunity to be heard. In their ruling they stated that Mothers hand written Motion for Continuance was legally sufficient, and should not  have been denied by Judge Briese, and the hearing to decide custody of the minor children should NEVER have taken place. This rare reversal by an appeals court provided NO relief to Mother and her children as the trial court of Judge Shawn L. Briese refused to be disqualified from her case, or VACATE the unjust supervised visitation ruling.

Mother appealed to the Fifth District Court of Appeals in a Writ of Prohibition, (Case 5D08-3668) and provided documented evidence of judicial misconduct by Judge Briese, and the attorneys of record for the Father, James L. Rose of Rice and Rose, and Leonard R. Ross of Ross and Burden. The documented evidence of judicial misconduct included violations of Judges Canon #3, Fl. Ad Code 2.330, ex parte communication with the attorneys of record and violations of her constitutional rights. The Fifth District Court of Appeals DENIED her Writ and Judge Briese was allowed to hear the “Rehearing of the Custody of Minor Children” in April 2009.

In this hearing, (Case 2004-30312 FMCI) Judge Briese refused to allow Mothers witnesses to testify and refused to allow her exhibits. In his oral ruling he stated that mother did not buy greeting cards for children to give to the father, and mother did a Channel 9 news interview in New York and this was a concern to the court, and so she MUST continue to stay on Supervised Visitation. It WAS NOT a concern that Father admitted to an altercation with his daughter at 8 years old and this resulted in her getting a split lip and blood. This matched Mothers Domestic Violence Injunction of Protection, Police Reports and DCF reports. Father also admitted to “wiping down the vaginas” of his school age children, which also matched the Domestic Violence Injunction of Protection, Police and DCF reports. This credible evidence was DISMISSED, IGNORED and SUPRESSED by the trial court of Judge Shawn L. Breise, and now, DISMISSED, IGNORED and SUPRRESSED by the Fifth District Court of Appeals, as they have just AFFIRMED the trial court’s ruling.

With only 79 hours of contact in 3 years and 10 months…under Supervised Visitation at the local Family visitation center, for two hours a month……..this “squeaky clean” class Mom, soccer Mom, community volunteer, with no drugs, no alcohol, no abuse, nothing……just a loving, caring Mother lost custody of her children… will have to continue on with the Supervised Visitation, with NO case plan or reunification plan provided by the trial court. This Mother is the LONGEST family law referral in the history of the Daytona Beach supervised visitation center….now at 3 years and 10 months.

National Advocates, experts, and Mothers were in Albany, New York on  Jan.7, 8,and 9th, 2011  for the Annual Battered Mothers Custody Conference,( www.batteredmotherscustodyconference.org) to address this national crisis of  Mothers losing custody with documented evidence of abuse to their children, and safe, protective parents  having all of their contact with their children either terminated  by the family courts or are being place on supervised visitation for years without a case plan or reunification plan.

The trend documented by the latest research is that judges routinely dismiss, ignore and suppress documented evidence of abuse to the children in the “custody-visitation scandal cases”, and batterers are asking for Sole Physical Custody and are successful 70% of the time. www.apa.org/pi/viol&fam.hmtl and  www.aja.ncsc.dni.us/domviol/pages5.html

The Florida NOW, National Organization for Women Ad Hoc Family Law Committee has published a brochure a “Crisis for Women in Family Court: What to Expect and How to Fight Back”. (www.nowfoundation.org/issues/family)

Numerous national organizations are demanding  federal investigations into the crisis in the family courts and asking for congressional hearings to address these human rights violations to America’s children and their Mothers.

The latest research on this issue is in the book Domestic Violence, Abuse, and Child Custody Legal Strategies and Policy Issues Edited by Barry Goldstein, J.D. and Dr. Mo Therese Hannah. And can be found at www.civicresearchinstitute.com/dvac.html

Linda Marie’s daughters said “Mommy fight for us and do something every day to get us back and don’t ever stop. So after 3 years and 9 months, this Florida Mother is now more determined than ever, and is headed to the Florida Supreme Court and then on to the U.S. Supreme Court. She has kept her promise to her daughter’s and now she is speaking up for her children and all of America’s children.

For more information  on this crisis in the family courts please contact:

Center for Judicial Excellence www.centerforjudicailexcellence.com

California Protective Parent Association www.protectiveparent.com

Domestic Violence Legal Empowerment and Appeals Project www.dvleap.org

Stop Family Violence www.stopfamilyviolence.org

Randi James www.randijames.com

Court Whores www.courtwhores.com

American Mothers Political Party www.AmericanMothersPoliticalParty.org

Family Court in America www.juliafletcher.wordpress.com

Talia Carner  www.taliacarner.com

Protective Parents for Children’s Rights www.protectiveparent.ning.com

Liz Notes www.lizlibrary.org

Many thanks to all who are part of the solution to the crisis in the family courts. You are all true American heroes.

For contact information re: this press release please contact:

Linda Marie Sacks

386-453-3017

Lindamariesacks@aol.com




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