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

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Protected: Baldwin Blunders Should Lead to an Open Investigation

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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?

   

Augusta Court Fails to Allow Due Process: Children Gone

The rest of the story in this Augusta case is much darker that at first believed. It is also similar to other troubling stories, the damages revealed by families throughout this judicial circuit. When we contrast the order and beauty inside of Augusta National with what is Outside the Gates, it is for this reason: parents are set up to fail intentionally and children are being left in harm’s way, when there was evidence, testimony and opportunity to prevent poor outcomes. This reality is the opposite of what the world thinks of when they hear Augusta or think of The Masters Tournament. This case and others are pulling back the curtain.

Civil or Criminal?

At one time it appeared that Atlanta attorney Kathy Portnoy was properly advocating for her client, one who appears to have not gotten a fair shake throughout this case. The issue featured here in this news report?

A DFCS report was made available to the court by the father’s attorney and used by the judge in reaching a decision as he noted. The problem for the judge was that the report was not made available to the mother and her counsel so that she had a chance to cross-examine the report and be fully informed in her case. The report was never put into evidence and therefore was not supposed to be considered by the court.

If this report had been put into evidence, the guardian ad litem on the case would have been able to refute it, as she knew it was created as a part of the father’s legal team’s strategy to wrongfully cut the mother out of the lives of her children. This issue was resolved when the appellate court agreed that the judge erred in considering this report. [See VIDEO at the bottom of this page.]

The bad news is that it didn’t matter; the fix was in on this case, and the judge gave the father permission to remove the children from the state before notifying the mother. The mother learned her children were gone when they did not get off the school bus. They did not even get to say goodbye.

We now know this was not merely an “error,” and that it was intentional to cause the mother and children this unnecessary trauma. It was also intentional that this mother was not allowed to know what was being said or used against her, denying her right to a defense.

Have you been allowed to know what was being used against you, or to know that all available evidence is being used to support your case? The more news reporter Nick Lulli investigated, the worse this case looked as evidence surfaced – – evidence that was either not being used by the mother’s counsel, or was being ignored by the court.

This is an ongoing and larger story than we first realized, as the court is now expected by the father’s team to force an agreement on the mother, an agreement which is different from what she was considering, and one which she did not sign. Her attorney used up all of her financial resources and abandoned her. The timing on her withdrawal and how her presence was used to keep this mother in the dark is telling.

Court Watch on Augusta Family Court – April 17th – 9am. If the court refuses to allow a continuance as requested by the mother so that she can find counsel to help her navigate and defend her rights, it will become even more obvious that she was never meant to have a fair trial on these issues, or to have a fighting chance at parenting her children.
WFXG FOX54 Augusta – Your News One Hour Earlier
How can parents prepare ahead of time to learn the pitfalls in managing family disputes, especially involving children?

Request more information to learn about the hiring the best team for your needs. This case is another glaring example of what can go wrong when you rely on word of mouth and online marketing to make hiring decisions. There currently is no real accountability for attorneys who allow their clients to fail by withholding evidence and avoiding opportunities to prevail, or for others who use special relationships with judges to reach outcomes that are damaging to children and to good parents. This is just “normal” for Augusta and for other judicial districts.

Just What Did the Doctor Order?

The fewer words we use to describe this here, the better.

The more time you spend understanding what went into this article being shared around the globe, the more you can help solve this mystery in your own backyard.

Professionals focused on improving protections: please connect on these issues.

This is quite simple:

Ask court professionals to put protections over profit, rather than the other way around as they appear on this Cobb County, Georgia case.

Another expensive report in the way of protecting children? $$$

Another expensive report in the way of protecting children? $$$

 

Child abuse is a crime, and preventing crimes from being investigated and blocking the protection of children is a crime.  It’s time to stop calling this something that it is NOT.  

What is it?  #GALmisconduct  

What do we do?  We ask that the authorities #ReviewCases flagged for professional misconduct. That is step one.

Protecting Children from Family Violence

The stories are worse than the stats, so if you don’t have a strong stomach, just turn away.

But we dare you to watch and learn, and take a stand in your cases and in your courts.

Many injuries and deaths are preventable, so stop making excuses. #ProtectChildren

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: