Troubling Endorsements of Sexual Harassment and Abuse

It’s hard to image how we as a society stomp out sexual abuse and harassment and truly help victims of assault when those in positions of power and authority do not take it seriously. When efforts to seek accountability fail, it sends a message to predators that they are free to continue.

Two situations come to mind for me as clear and overwhelming examples of this problem with accountability. Both situations are well documented and involve many offensive acts which did cause severe and lasting damages to victims.

In learning of these and other such situations involving abuse, a cover up and avoidance of accountability, I couldn’t help but ask this: if this kind of misconduct is tolerated and protected, what else are these predators and those who protect them willing to do? Does any life, any right, any need…matter to them?

AUGUSTA: OUTSIDE THE GATES

In Georgia, in the family law area of our legal system, a sexual predator was given the position of Guardian ad Litem in many domestic cases involving child custody disputes. The role of this person as Guardian position lasted for years, so let yourself imagine how many lives were negatively impacted over that time and for years to follow. Unless you’ve been subjected to such pain and loss, however, it will be impossible to fathom the depth of suffering.

I’ll address the details of abuse by court-appointed Guardians (GAL’s) more fully in a separate post, but there are many and they are fueled by the same mentality that people are there to be used and taken advantage of, even when the court professional is a sworn officer of the court and expected to abide by laws specific to their role and profession.

Other court professionals knew of the predatory conduct in the Augusta area, and even discussed it amongst themselves in writing. They did nothing about it, and especially did nothing to address the twisted and harmful outcomes of cases, let alone the damages to the victims and their children. Of course the man eventually left the role of Guardian but was never held accountable and there was no investigation or relief for the families and children.

What happened?

The Guardian ad Litem chosen to sway the court in favor of one parent and against another used his position to coerce sexual favors from women subjected to his authority in their child custody litigation. In at least one case where the Guardian was complied with, the mother obtained custody when she was not the safe parent. That means the father in that case lost custody in spite of the evidence of the mother’s problems – endangering the children when they were in her care. Of course the father had no way of knowing that the mother of his children was being sexually harassed and assaulted by the GAL who influenced the court against him.

In many more cases involving abusive conduct by the Guardian, mothers who would not give in to his advances lost their children. In at least two cases, the children were forced to live with a parent who was psychologically abusive and potentially dangerous to them given issues with addiction and rage. Those mothers and their children were harmed badly as a result of this Guardian’s influence with judges and attorneys managing the cases, but there has been no recourse for them in either civil or criminal cases.

Even with news coverage of these cases and the pervasive sexual exploitation and fraud on the court, nothing was done about it. It was said by law enforcement that no crime occurred, that there was nothing the agency could do, and a judge actually just referred to the misconduct as “harassment,” saying, “sexual harassment isn’t a crime in Georgia.”

If a court-appointed Guardian ad Litem is not held accountable for such abusive conduct, and is allowed to freely abuse such power in this position of trust and control, what does that say about our system for determining what is in a child’s best interests? Can any parent expect to have their rights upheld when it comes to staying in a child’s life or having the ability to protect their children who are in harm’s way?

Taking it a step further, if such predatory conduct by a court-appointed Guardian is to go unpunished while the lawyers bill for the work going on around this conduct, what else, what other forms of abuse, were being perpetrated against victims of abuse? Were the professionals in this area aware of other abusive conduct and staying silent, or worse?

With Georgia’s extremely high rates of child sexual abuse, exploitation and trafficking, the issues raised here should not just be filed away. These are not isolated incidents but indicators of bigger problems in the legal system and in our state.

Predatory conduct and the mindset of those in power who avoid holding perpetrators accountable make for a very dangerous combination. *If you can’t be protected from sexual assault when you enter the court system, where can you expect to be protected?

 

CORPORATE MALFEASANCE AND COVERUPS

The story below is connected to a recently resolved criminal case and ongoing civil matter in Georgia. Both sides of the story are troublesome and raise issues of accountability for wrongdoing; it appears that there is no perfect answer, no one clear resolution in store. I’ll say for now that one crime does not justify another, but it will be up to the jury and court to determine if secretly video-taping inside another person’s home is a punishable offense in this particular situation.

April 11, 2018, update: the jury acquitted the defendants today on all charges. Read more in the Daily Report here.

The purpose of sharing this information here is to highlight the mindset of sexual predators and lack of accountability for their misconduct, as well the extreme challenges for victims of abuse in seeking relief. Currently, there are no criminal investigations into any form of sexual abuse related to these parties that I’m aware of. News media, especially the legal news media, are only focused on the gyrations of the criminal trial for eavesdropping violations by the alleged victim of sexual abuse.

Updates on this trial are being reported by Robin McDonald with the Daily Report/ALM. For the latest as of Monday, April 9th, click here.

This update reveals the detective who tried to look into the allegations of sexual abuse by the employer stated that no crime was committed, but he was also unable to conduct a thorough investigation due to records being sealed and ongoing civil actions wherein parties and lawyers did not want to talk openly. Allegedly the court issued a gag order preventing the housekeeper from speaking about the matter. Police Lt. Carben Tyus pointed out that the existence of a parallel civil case does not, as a rule, impede a criminal investigation. “They are often simultaneous,” he said, adding that criminal prosecutions often take precedence over civil cases. It seems that one of the issues raised was that the alleged victim waited months before reporting, and produced no evidence of a crime, only narrative about the civil litigation.

BACKGROUND

In Texas, a woman was fired in retaliation for reporting severe and prolonged sexual harassment and assault by her co-workers and supervisors. When she left and started her own business, her business was attacked to cause her loss of income. I didn’t know about this case and the federal court’s scathing opinion of the predatory and retaliatory conduct until April of 2018 because it was introduced in the aforementioned criminal trial of a woman and lawyer involved in confronting the former Waffle House chief executive. Regardless of the outcomes of these cases, the information and federal court judge’s response to this abusive behavior are noteworthy, timeless and should be preserved.  We shouldn’t just move on from this like it’s another headline to be forgotten.

This is worth repeating:

Predatory conduct and the mindset of those in power who avoid holding perpetrators accountable make for a very dangerous combination. *If you can’t be protected from sexual assault or harassment in your place of work, where can you expect to be protected?

What allowed the entitled and predatory mindset seen in both of the above situations is pervasive and causing our society to rot from the inside out. It’s about a lack of humanity and empathy, the notion that people are there for the taking, there to be exploited and profited from in some way, no matter the cost.

After publishing this post, I dug a little further to find this AJC article from several years ago when the Waffle House “sex video” and the cross-claims were in the news; this was before the recent criminal case gained momentum. It provides added perspective which I believe is missing from the recent coverage of the criminal trial.

This is what followers of the Waffle House CEO Sex Tape “scandal” and the resulting civil and criminal cases are not hearing about:

  • In 1998, a U.S. district court judge in Texas ruled in favor of a former Waffle House personnel recruiter who alleged repeated sexual harassment at the hands of her superiors.

He, the chief executive, “… either condoned the wrongful conduct of (top Waffle House executives ) or sanctioned it in advance,” wrote the judge, who awarded former Waffle House personnel recruiter $8.1 million. The district judge’s written decision was later “vacated” by the court as part of a confidential settlement between Waffle House and the woman. (her name is redacted to keep the focus on the patterns of conduct relevant to this article)

  • The former recruiter agreed to support the woman in this present case, stating, “I think it’s important for this case that people realize that the power (he) has and the personality he has, how he could coerce someone to do what she did over all those years,” she testified. “And she, unlike I, could not just walk out and get another job.”

“You know, if a boss invites you to have sex or do sexual things, you always have to wonder what will happen if you say no,” she said.  The man who was her boss, she said, is “a bully. I find him to be someone who preys on others weaker than he is.”

As it turns out, the woman who did report repeated sexual harassment was terminated, with no record against her to justify the termination.

  • Classic victim-blaming:

“She was a jilted lover with an axe to grind,” said the lawyer for the former executive. The lawyer also stated that prior claims of sexual abuse or harassment are irrelevant in the current case.

I’ll leave you with one last thought for now: the situations featured here involve clear and compelling evidence of abuse, as well as evidence of failures by professionals and authorities to properly respond.

If such well documented abuse, exploitation and betrayal cannot lead to accountability and protection, what does this mean for victims of abuse – including children who are sexually exploited – where there is less evidence?

What other forms of misconduct, including retaliation for reporting, are being endorsed and covered up by corporations? What about by our courts?

Can you expect your own family members and children to be kept safe?

 

Sexual Harassment: Scribner v. Waffle House, Inc., 976 F. Supp. 439 (N.D. Tex. 1997) via Justia by Deb Beacham on Scribd

Cameras Needed in Courtrooms

Do Cameras in Courtrooms Make a Difference?

There is no question that our citizens are safer when there is transparency in legal matters, but some judges are going out of their way, even issuing gag orders to media in addition to parties and sealing records in select cases, to prevent a review of what goes wrong in child custody matters when laws, facts and evidence are ignored or concealed from the court.

For several years I’ve been observing, analyzing and reporting on issues in family conflict matters that are causing avoidable stress and loss to children and to loving, safe and available parents. At the center of all of my research and reporting is the needs of children, which too often are forgotten or just set aside. The reports are not what matters, but the possibility of improving outcomes for children; the correct term for this form of journalism is Solutions-Based Journalism.

This form of news media and investigative reporting may not be popular in some circles as it challenges the dangerous status quo, but if it didn’t matter, we wouldn’t be talking about Rule 22 laws and cameras in courtrooms in this state. This is a critical topic the public needs to know is being debated and decided, so I’ll share more of my work and that of other journalists to support understanding and participation in this debate. In the meantime, please ask video journalist Nydia Tisdale about her experience filming public events and proceedings, and ask how you can support her efforts to inform citizens and increase transparency. Her unique work has been featured by news media not only in Georgia but by the Associated Press for her bold moves to support open government and greater public participation.

The more you know, the greater likelihood you’ll contact your legislators and your local news media because we do need cameras in courtrooms and we do need ongoing reporting about how family conflict and legal matters are managed.

A major issue for all, including for ethical, talented legal and healthcare professionals, is that foul play by certain other professionals is rampant and worsening with each year. In part this is due to a vulnerable and unsuspecting public but is also due to a cloudy courtroom landscape where it is easy to disguise bad faith and unethical tactics used to increase billable hours.

Another factor in the worsening of predatory & harmful case management is that certain judges are willing to play along, such as in this highly unusual Augusta situation which was investigated and reported on by local news media.

In the case featured in the news report below, the judge gave custody of the mother’s daughter to her ex-boyfriend when he gave custody of her two sons to this man, their father. However, the man has no biological or legal relationship to the girl, meaning this child and her mother were tormented and torn apart unnecessarily. Note: I have no connection to these parties, no bias or preference other than for facts and laws to count for the children involved. After studying dozens of cases closely in the Augusta Judicial Circuit, collaborating with local news media & seeing news stories through to completion, I know these courtrooms and local practices well and stand by my work and these news reports. Also worth noting, this is not water under the bridge for these children and their families; the damages are ongoing, and more families are being harmed in similar ways as you read this.

The Featured Report:

If the facts and evidence of this case justified an award of custody to the father of the boys, that would be reasonable, but the court also ignored the physical, visible evidence of family violence.

In a separate conversation we’ll feature more of the instruction for judges pursuant to the Georgia Domestic Violence Bench Book, which should be required reading for court officers and court staff such as clerks, social workers and others working with judges on these cases. This Bench Book is available online and published as a 10th edition, with participation from dozens of professionals from around the state of Georgia, so it’s not a secret to our courts that family violence, including in making determinations of custody and visitation, is a matter to be taken seriously.

Please review this news report and ask yourself how this could happen, why a judge would do this, and if the judge is making this kind of ruling, what else is going wrong in his courtroom.

Another key question is whether or not this court and this family could have benefitted from the application of instructions found in the Judicial Guide to Child Custody.

Solutions to Consider:

First, learn about your local courts before you enter into a legal action. Learn about practices of professionals before you sign agreements and pay retainers. Understand why so many families are losing their homes, health and jobs during or following litigation and especially why so many children are kept in or moved to unsafe environments.

Next, learn about accountability systems that exist to provide oversight of professional conduct, including judges and other court officers and experts who help determine outcomes. Do you see any consequences being given to professionals in your area or are you familiar with any investigations into questionable conduct of those managing these types of cases?

Learn from the testimony of lawyers, doctors, teachers, parents, grandparents and others who are brave enough and articulate enough to state clearly what they experience or witness, and who are willing to call it what it is – especially if something improper has transpired, as in this Augusta news report.

Remember that all of these court professionals, including judges and child custody experts, are human, meaning they make mistakes, become fatigued and even worn out by the extreme emotions displayed in these cases; none of them, and none of us, are perfect. But the reality is that they have sworn to uphold our laws and they have a duty to do what is right by the children caught in litigation and who are often torn apart in the process.

Where you have the opportunity to encourage the use of cameras in courtrooms, with proper approval of Rule 22 Requests to Record, Videotape and/or Audiotape, to Televise or otherwise make publicly available these proceedings, please do so as it is highly likely you will help save lives.

Please contact My Advocate Center and let me know if you have questions or would like to contribute toward making these solutions available.

Thank you,

Deb Beacham, Founder

 

Protected: Good Guardian Ad Litem Disregarded by Augusta Family Court Judge

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Guardian Ad Litem System in Augusta Explains Damages Across Georgia

Cases and complaints have been pouring in for years from the Augusta judicial district after we first investigated and reported on cases where evidence was being suppressed and children harmed. Good parents and grandparents have been undermined and even blocked from seeing children, even when there was no justification for this.

Billing records were reviewed, showing discrepancies that explain why parents are failing financially as they can’t keep up with the financial burden, let alone understand what they are being charged for to see that things don’t add up. Screenshot 2014-12-02 10.09.57

 

This article by the Augusta Chronicle is based on very compelling research that enlightens citizens and leadership about how certain bad actors on this stage are able to control outcomes of cases while lining their pockets. One of the bad actors in the Guardian ad Litem program here is a business owner named Janet Weinberger. This news report by Fox 54 confirmed there are even more cases with complaints against Weinberger for billing issues along with allegations that key evidence was left out of reports leaving children and parents unprotected and destabilized. To see previous news reports related to this judicial district, click here.

My Advocate Center’s analysis, combined with investigative reporting and fed-up litigants exposing evidence of wrong-doing, is opening the door for larger investigations and for consideration of civil actions to help victims recover from damages caused in these cases. At the very least the data is building to a point that state leaders and advocates across the country will have a clear picture of the direction needing to be taken to improve public safety.

WFXG FOX54 Augusta – Your News One Hour Earlier To learn more about our case studies, to contribute to this effort to improve family stability and health, or to report case details or other billing records, please contact us here.

Court Watch: Do Georgia Predators Have It Easy?

Is being a sexual predator in Georgia just entertainment, or are we ready to call it a crime to sexually assault someone or to secretly videotape children and adults during private moments?

Three fathers in Georgia have so far avoided conviction and real consequences for alleged sexual misconduct, as has former magistrate judge and Guardian ad Litem Doug Nelson in the Augusta Judicial District.

Before we get into the specifics of these cases, we want to make sure you are aware of this video and the related document. The Georgia Domestic Violence Bench Book exists to help guide professionals in family law and child custody cases involving violence and various forms of abuse.

In the Atlanta area we are asking the question, “Should this man, William Randolph Cushen, be considered as safe for any child?” Would you leave him unsupervised with your own child or anyone else’s child?
CBS46 News

This post covers the issue of protection being avoided intentionally by certain professionals, and avoided consistently across Georgia counties in family law, child custody, family violence and child abuse cases. It touches on our analysis and reporting from the Atlanta area counties, including Cobb and Fulton counties, to the Augusta circuit including Richmond and Columbia counties. The more you learn about what it takes to prosecute offenders and to protect victims, the more you realize we clearly need more help in Georgia on abuse cases. We hear and read a lot about DFCS being blamed for situations involving harm to children due to a shortfall on caseworkers, negligence or lack of oversight, but what about cases where DFCS and law enforcement are kept out, and family court professionals are to blame?

Comparisons: Some crimes are committed and recorded – literally – which show that assault is a crime. (See Turnage and Cushen, as examples.) Others are clear as well in that ethical, credible professionals have substantiated claims of abuse, only to be blocked from testifying or ignored by the courts.

Turnage: This past year we learned this older GOP official, also a predator, was foolish enough to “play” around in front of Skype getting himself caught in the act of attempted rape.  Billy Joe Turnage, chairman of the Union County Republican Party in northern Georgia, was arrested after police responded to an ongoing rape that had been seen on Skype. (Photo removed March 2015)

Georgia just can’t help it, it seems, when it comes to sexual predators and wanting to be seen in the news.   This official and GAL Doug Nelson were caught in the act, but only one was arrested.   The one responsible for helping to commit fraud during litigation and causing damages to innocent parents – and to their children – has not been arrested, and the family court judge close to this situation said “sexual harassment is not a crime in Georgia.”  Judge Roper, what was done in Augusta is not mere harassment; it was assault and it was done in the context of coercing victims using their children as leverage.

Other judges in that area knew the Guardian ad Litem Doug Nelson was a predator, sexually assaulting mothers, throwing cases based on whether they complied or not, but they did nothing to intervene. Nothing has been done yet to correct the situation. This damaged both good mothers and good fathers. The toll on the children is still rising, but Georgia officials have done nothing so far. Some of these family court cases involve DFCS investigations, but we can show that the injury to children and parents is not related to any alleged DFCS failures. It is the family court professionals who are blocking protections.

How is it that sexual predators just have an easier time with help in avoiding prosecution? Either way this news coverage of sexual misconduct and attempted assault or actual assault is critical.  

What is hard to believe is that the Cobb County, Georgia, man – William Randolph Cushen – who secretly videotaped adults and children using the bathroom in two states is still able to avoid consequences in Cobb County Family Court while his victims await justice in the criminal court. He was able to plead out in Florida on similar charges after avoiding arrest in Georgia to be extradited to Florida, but family court professionals like Guardian ad Litem Larry Yarbrough do not appear interested in using the evidence on this case to protect the children. Certain court professionals have held the mother hostage in the legal process while waiting to see if the father Randy Cushen was indicted. They stalled decisions and protections in this case, even though there is no question that he committed these crimes, including secretly filming other adults and children.

Update: now that Randy Cushen has been indicted, we will get to see if the Child Custody expert, GAL (guardian ad litem) Larry Yarbrough and the Superior Court judge give this man free reign to continue abusing, or if they protect the children and hold him accountable. In addition to the damages caused to the victims of his crimes, and the risk to his own children, the father’s attorney and other court professionals appear to want the mother to lose her business and to be unable to provide for their children. There is still much here to investigate. One question parents and counsel might consider is whether or not to allow a criminal defense attorney who is positioned to defend alleged perpetrators (as opposed to protecting children) to be assigned as guardian, especially in cases where child abuse or violence may exist.

Case history:

MARIETTA, Ga. – November, 2013. A Cobb County man is accused of secretly photographing and recording both children and adults at a pool and in restrooms.   Investigators say William Randolph Cushen, III of Kennesaw set up hidden cameras at both a neighborhood pool and his own home. According to an arrest warrant, Cushen secretly photographed women at the pool at the Overlook at Marietta Country Club, and in a bathroom at his home on Grey Point Court.  The warrant says Cushen secretly videotaped women, men and children in the bathroom. Cobb County police would not comment about the case, citing its nature and an ongoing investigation. …Talk about being caught in the act!  

We want to bring your attention quickly to a major problem for victims and for our State leadership:  

Victims often do not get the support or protection they need, or the crime isn’t called a crime apparently until the victim is nearly dead, or deceased. This is not just because victims are afraid to speak up, and it’s not just that the evidence does not exist or hold up. This may be over-simplifying the answer, but it seems that the core issue is that it is more profitable to avoid protecting victims and to let true offenders off the hook. This is what we refer to as putting profit over protection.

Maybe the assault in front of Skype referred to here will make a difference even though police say the victim was “not physically injured,” or will this be forgotten? Thanks to this assault being seen, Billy Joe Turnage was arrested and charged with aggravated sexual battery and criminal attempt to commit rape.

But what about Randy Cushen’s victims? Child abuse can be prevented_My Advocate Center

When is it their turn to have justice?

Perpetrators of sexual assault, even those careless enough to leave evidence on text (Doug Nelson, GAL), on their computers (Cushen), or on Skype (Billy Joe Turnage), and even those exposed in the news media, often do not get prosecuted, and in some cases they do not face the consequences that early reporting suggests they will receive.

Two other cases we follow, one in Fulton County and another one in Cobb County, both involved investigations that led to substantiated abuse reports (one by DFCS), but the alleged perpetrators are still given either primary custody or visitation rights without any regard for the protection needed by the children.

It does seem that Georgia has a problem with tolerating sexual assault and abuse, even when the crimes and evidence are clearly identified and the victims are begging for justice (Cobb County let father John Kristofak out of jail knowing he was mentally unstable and committed to murdering his former wife).  

These are not isolated incidents and much of the injury is predictable, and avoidable.

If national news media is what is needed to make a difference, then we hope this SKYPE spotlight will serve us well!

In the meantime, please keep asking this question: is it all of Georgia leadership and all courts or agencies, or is it mostly family court professionals who put profit over protection?

Either way, KEEP THE PRESSURE ON to have predators and those who cover for them held accountable, while ensuring protections and treatment for victims.

Union County Sheriff Investigator Staff Sgt. Darren Osborn told the paper that 911 dispatchers received a report of an ongoing “assault and rape” of a 39-year-old female at Turnage’s residence last week. Osborn said that investigators from the Georgia Bureau of Investigation conducted two days of interviews before bringing criminal attempt to commit rape charges against Turnage.  

 

This is KEY: the GBI only needed two days to decide to bring criminal charges for the attempt to commit rape.

But in the Fulton County Superior Court case, the GBI did not follow through on twice-confirmed evidence of child pornography, and both police and forensic experts were not allowed to testify for the protection of this child. Now the alleged perpetrator is getting away with making false allegations against the abused child’s mother, and she has been run into the ground from trying through the court system to defend herself and to protect her child. 

Why should the public follow up on this particular story about the rape assault on Skype? Because other sexual assault victims in Georgia, and victims of other types of assault or exploitation, are not getting justice or any kind of protection in many cases.  If we lose interest in these stories everyone loses, especially victims of crimes. In other cases the perpetrators do not have the political pull and connections this man apparently has. So if those other offenders are never convicted and their victims do not get justice, what do you think might happen here?

In the Augusta area, mothers who were sexually assaulted by the GAL Doug Nelson during their child custody cases cannot get law enforcement to take action against this predator. This is in spite of his text messages revealing his actions and their video testimony, and in spite of the fact that there are multiple victims and clear damages.  

There is even proof that judges knew this was going on and did not intervene, ignoring the damages to both parents and to their children. Good mothers lost custody of their children when they did not comply with his demands for sex, while at least two good fathers lost their rights – and a lot of money – when the mothers on those cases allegedly complied with Nelson’s advances.  

What in the world is going on outside the gates of the peaceful and austere grounds of the Augusta National Golf Course, home to the Masters Tournament?  This can’t possible be the same place the world sees as a golfers paradise?

Back to other news: The New York Daily News and other major media outlets spent time to learn whether this is the norm in Georgia, or was this aging now-former official just that stupid on top of being willing to commit the criminal act of raping a woman?

“A Georgia Republican official is facing criminal rape charges after he broadcast on Skype an alleged sexual assault attempt, according to a bombshell report.

Billy Joe Turnage, the 76-year-old GOP chairman in Union County in northern Georgia, allegedly tried to rape a 39-year-old woman in her house — and he televised the disgusting act on the Internet, according to the North Georgia News.”

 On this AJC page covering the Georgia election updates, more is explained about how this went down – or actually went UP, as in on the air: “Oct. 22, dispatch received a 911 call at approximately 4 p.m. of what was believed to be an assault and rape,” Sgt. Osborn said. “It was being viewed via Skype. Deputies responded and I responded as well.”

Ryan Mahoney, a spokesman for the state GOP, said state party officials have received no communication regarding Turnage’s status. Any effort to remove him would require action at the local level, Mahoney said. A picture of Turnage and David Perdue, the GOP candidate for U.S. Senate, is on the Union County GOP Facebook page. It’s not likely to be there long. (If you follow up on this story, please let us know if this offender was held accountable.)

Correction: the Union County GOP Facebook page is GONE.  So apparently that is one way to rid yourself of pesky photos of predatory pals.

 

 

For now we’ll leave you with these questions:

Do victims of assault experience real damages even if they are not physically injured or if the injuries do not include physical bruising or tearing?

Do we expect our Courts and Law Enforcement to prosecute crimes and protect victims even when news media is not applying pressure?

If this kind of abuse is being reported on by news media, and victims are still not receiving any help from the courts or from state agencies, then what hope is there for other victims?

   

What is a Guardian ad Litem?

Question Number One: What is a GAL?

Now that we see how prevalent the misconduct is and how extreme and lasting the damages are, we are developing the dialogue about what to do next.

You have to understand what a Guardian is and what they are supposed to be doing before you can properly review and judge their work, so let’s start here.

The news station reporting on the GAL misconduct and the bad case outcomes in Augusta, Georgia, asked us to explain more about the GAL program in Georgia.

They asked us, “What is a guardian ad litem, and is what we are seeing in Augusta the norm?”

We are opening the discussion for professionals and parents to work together to help improve this situation. The Augusta Chronicle ran a great summary of the GAL program, so please read that and let’s revisit how to improve this system so that we can avoid more of the same, and improve outcomes for children and families.

Please also connect with us via LinkedIn, and professionals may join the Counsel for Change group to contribute privately as we work on answering and correcting what is is wrong.  

Help Break the Silence about GAL misconduct that has been leading to harm to children and good parents.

Help Break the Silence about GAL misconduct that has been leading to harm to children and good parents.

Understanding GAL Misconduct via The Augusta Chronicle

Augusta news media have picked up what we think of as the HeartBeat of its citizens.

This is the burning desire of parents and grandparents to be able to nurture and provide for their children. And to keep them safe.

Housing and employment are critical as well, but in at least one case in every county we see these being taken wrongfully from good parents. The Roberson case in Augusta, as reported in by WFXG and The Augusta Chronicle, is a perfect example. Another case in Hall County is a stunning example of the court allowing fraud to occur for the sake of stealing property and work tools, while putting a child and father wrongfully out on the street. In Cobb County a mother is having to give up her profitable franchise business all because a guardian is dragging out a case to earn more fees, by saying a father indicted on child porn charges should have unsupervised access to children. Different cases, but the same pattern of fraud used to steal and destroy.

This burning desire to change this situation – for the sake of children – is not unique to Augusta, and as pointed out the damages caused by certain custody experts and other court professionals can be seen all around Atlanta. All it took was the will, the financial resources, the emotional tolerance and the time to start analyzing these cases, and to continue the work throughout Georgia. The damages here mirror what families around the country are experiencing.

It really boils down to corruption, which we often refer to as bad practices, because most people cannot picture what corruption looks like – how it plays out – at least not in family court.

As the Augusta Chronicle says so clearly, “It’s very, very wrong” and “stunning” in terms of the lack of accountability. In our analysis of over 100 cases in Georgia we’ve seen not one incident of professionals reporting on others they know to be clearly violating ethics rules and/or laws. This includes laws put in place to protect children from abuse, or to protect victims of violence or sexual assault.

What is glaring beyond belief in Augusta is that Superior Court judges knew that the guardian ad litem being appointed to child custody cases was preying on vulnerable women, trying to coerce them – and even a witness on a case – into having sex with him. Those who did not comply lost their children. Most still do not have their children with them, are devastated financially and emotionally, and Doug Nelson now has a new job. Would you be surprised to know that his new job is allegedly back in the court system?

Somehow our court system, or certain professionals controlling family court matters, decided it is okay to put profits over the needs of children, to just ignore laws and every rule governing professional conduct or judicial conduct.

Advocating_truth_MAC 2014

So as the number of families negatively impacted has grown, so has the beat gotten louder as more hearts have been broken.  Time for open discussion and greater public awareness.  Time to do something about these pounding hearts aching to have children returned and protected by loving parents.

We are not hesitant to ask for certain custody cases in certain jurisdictions to be reviewed and examined closely. The heated public discussion about what the reality is for parents being held hostage in these child custody fights demands that we follow through on this.

We hope more families will have a chance to recover now that public support is triggered and focused on the cause of their losses. So now we need to take a closer look.

The Augusta Chronicle in this opinion piece takes some of the guesswork out of the question being raised about why so many parents and children are being harmed in this process. What we are hoping parents will get for right now is that following advice blindly when facing a legal conflict in the family court system may not be the best approach.

Learn the process, talk to people who have been through it, and do due diligence on professionals before you hire or agree to subject yourself to someone else’s judgment or oversight.  All guardian ad litem and custody “expert” professionals are not created equal, that one thing is for sure. As treacherous as it appears to be in Augusta, Atlanta and in other areas in Georgia and the US, there are a good number of ethical and talented professionals, so if you have a good experience we encourage those names to be shared as well.

This is an excerpt that stands out and we expect much more animated debate around this topic in the coming months as more parents come forward after realizing that it was not just their imagination that something wasn’t “normal” or right on their case.

“Even though guardian ad litem reports are only recommendations that judges can accept or reject, both the woman in the Chronicle story and the divorced parent we talked to said their attorneys advised them not to report Nelson’s behavior, for fear of what he could do to them in his report.

We find that unconscionable, but also horribly bad legal advice – to sweep inappropriate behavior under the rug.

It shocks the senses to think of a court-appointed official preying on women who are in some of the most vulnerable states in their lives, while going through divorce with children.

The lack of accountability and responsibility in the system is stunning.”

Augusta has named Doug Nelson as one of the main custody experts who has harmed good parents and their children, but he doesn’t work alone in all cases. The next step is to determine which professionals teamed up with him to ignore evidence and guide cases to the wrong outcomes.

In some Atlanta cases we could see where Dr. Howard Drutman has worked with GAL Jim Holmes to suppress evidence of child abuse, and the same pattern has occurred with Dr. Drutman and other GALs in the Atlanta area, including attorney Larry Yarbrough who openly said he was working to protect the alleged molester in Cobb County (which the record reflects he has done).  This is just how they operate, when it is profitable and possible for this to happen. The rules, laws and needs of children just do not factor in with certain professionals, as the investigation into GAL Doug Nelson as proven for everyone. When parents attempt to stand up for themselves and fight to PROTECT their children, they are intimidated and retaliated against.

This is why we are adamant that this innocent father in Augusta be exonerated in his “criminal” trial in Columbia County. He didn’t do anything wrong…but he did work hard to fight for his rights to care for and protect his daughter. He was not allowed to have motions heard, has been jailed for many weeks now and key witnesses have been blocked from testifying. Can you guess who was involved in making this situation happen? Yes, a “doctor” acting as a custody expert. Check out the facts of this case and stay tuned to the news reports coming out.

Now that we know there is a problem, and we can see one source of the problem, let’s regroup on why it is so easy for this exploitation of parents and children to continue.  Join in as we work on #TurningTheTables on bad practices in Family Court.
By contrast, this mother’s case was damaged, with her children moved out of state without her knowledge, by the judge and the father’s attorney and not by the Guardians ad Litem who both recommended the children stay with their mother:

Call to Action: Release Father from FALSE Allegations

CALL TO ACTION FOR MAY:  Ask the Augusta Assistant DA and the Court to not prosecute this innocent father.

COURT WATCH AUGUSTA: MAY 19-23 IN COLUMBIA COUNT. https://www.facebook.com/events/1424811577781088/

The Georgia Court of Appeals and Supreme Court are also asked to review this case and understand how this case went from a clear civil matter to what it is now.

This is wrong, and the same bad practices are affecting many good and innocent mothers and fathers in Georgia.

PRESS UPDATE:

WFXG Augusta Fox54 reported last night about the innocent father jailed for going to see his daughter.

This group of supporters is building in strength and number, and showing how effective you can be when supporting both fathers and mothers who are being damaged by the same unethical custody experts on these cases. 

This father believed he was not violating a court order when he went to see his daughter, but he had been set up to fail.

This is the problem created when certain attorneys use select custody experts to do the dirty work of suppressing evidence and creating or supporting what they know are FALSE allegations.  The attorney working this case with the father was told by the judge to stay on this case, but it appears the “work” being done was more that of a collection agent rather than advocate. Now is the time for all Augusta professionals to abandon the bad practices that undermine cases and damage children and good parents.  It is time to Turn this Around!  No, not too late…

What started this? A psychologist decided this father should not have such a strong bond with his daughter so he cut them off from each other for weeks (6-8 weeks). 

When a good, nurturing parent is cut off from a child who truly needs that parent…it causes severe damages for both.  Can you imagine being the parent your child relies on the most, and being told you have to avoid seeing her and that she can’t be told what is going on?  

Can you imagine also having your career taken from you, your vehicle and work tools, so that you have to leave town to find income to pay the fees put on you by this same custody “expert” who is destroying your child?

She now feels abandoned and confused, and it will take time to learn the depth of her suffering. How can she know what has really happened to her father and why?

Because this father has been denied medical treatment, and is being denied a real defense with full access to the evidence and testimony to support his case, the court found him guilty on civil contempt charges. He is now facing the criminal charges that would not exist but for the bad practices of the custody experts on this case.

Keep it going advocates, supporters and Augusta news media! 

If you are outside of Augusta or interested in learning how good parents are being set up to fail, and how our child custody laws are being undermined and our criminal justice system is being misused, this is a good case to examine and follow.

Parents around Georgia and the US who are struggling with similar cases: this is a true team effort here. This group has found a way to strengthen each other, and to leverage the information and tools demonstrated by @MyAdvocateCentr in the Atlanta area cases and news reports. Find people in your area and repeat what we are doing in Augusta – – this is possible!

Augusta:
Keep telling this court:

“Protect children first.”

“No More Fatherless Daughters – and Children deserve the Best of Both Parents”

“False allegations hurt children.”

“Open up the custody records and cases associated with GAL Doug Nelson and Dr. Jody Frey, and others.”


WFXG FOX54 Augusta – Your News One Hour Earlier

 

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If you haven’t yet read “Green Light Augusta” and seen the series of stories here in Georgia spelling out how parents and professionals are pulling together to undo and recover from bad family court practices, this is a good time to get up to speed and take action.

You’ve heard most likely about false allegations being used to give one parent an advantage over another, right?

Now we can show how certain custody experts play a key role in carrying those false allegations through the process to help the Court reach the wrong outcome in select cases. Join the Augusta Court Watch going on now.  

Observe, learn, ask questions and report on how this innocent father is being treated. Ask what can be done to ensure the available evidence and testimony are used to not only exonerate him, but help him restore his life and career – and more importantly get his daughter back in his care.  We are expanding on this case and other critical situations on Facebook and Twitter, and using LinkedIn as well.

#GreenLightAugusta

See this Event Page on Facebook to join & follow the updates.

We know that a GAL in Augusta was guiding the Courts there to take custody away from mothers who would not give in to his demands, but other very harmful situations are happening involving fathers as well.

This post is about yet another case manipulated and “thrown” by suspect practices inside of a child custody case in the Augusta district.

Now – this week in early May 2014 – this father is being held while a jury is selected, when he knows that transcripts and other evidence and testimony have been blocked by this court in the past, so that he could not prevail. It is a dire situation for him and his family, but the community is beginning to rally around him.  How can YOU help out? 

Will you be there to watch how the court handles the evidence and testimony?  Will they continue to deny him due process and insist that he serve time when it was the custody experts who suppressed evidence and set him up to fail?

The court has left him jailed for many weeks without bond and has denied him due process throughout his custody case and now into this criminal case (one that never should have been taken in the criminal court to begin with). He was taken into custody because he mistakenly believed he should be allowed to call his daughter and to see her before he left town to start a new job.  

WHY was he having to leave town to start a new job?  Because the Court and these custody experts made him turn over his work vehicle and tools – and all of his premarital assets – to cover their fees.  Fees that were NOT necessary on this case. He lost his ability to work there near his daughter, so he was forced to take a job out of STATE in order to earn enough to pay both child support AND the outrageous and unnecessary fees on his case. He merely wanted to say goodbye to his daughter before leaving town. He tried to file an appeal to better manage an unmanageable custody outcome, and the Court chose to jail him instead of allowing him to move forward on appeal.

Can you even fathom how complicated and challenging it is to defend yourself against something like this?  Unfortunately this is the reality in many counties when the wrong custody experts get involved in your case. This is the reality for many families in the Augusta and Atlanta areas.

Back to this case and to this father.  This is URGENT that leaders and news media learn more and investigate this case!

His daughter needs him and misses him, and doesn’t understand why her good father cannot provide for her as he was doing before this case was interfered with like it was.  The mother in this case was led to believe it was right to allow the Court and police to believe he posed a threat, when he did not. Now she and her daughter are unable to get child support, and her daughter faces losing a devoted father on top of that financial support.

Yes, this case shows the same issues as the cases that have been in the Augusta and Atlanta news.  The custody experts used on these cases should be investigated and have their billing records and reports thoroughly reviewed.