My complaint against Tulsa Special District Judge J Anthony Miller has been rejected. Their claim is that he did not violate the Oklahoma Code on Judicial Conduct.
The Oklahoma Code on Judicial Conduct includes avoiding impropriety, the appearance of impropriety, bias, and always acting in a professional manner.
In this case, the judge allowed blatant forum shopping, stayed on the case despite not only going to law school with a litigant but being a mediator in the beginning of the case.The COJC only acknowledged that he went to law school with a litigant, conveniently forgetting that the judge wore two hats, which is a blatant violation and shows not only bias but impropriety.
Also, through his actions, he caused a pro se litigant to suffer a panic attack. Following the panic attack, the judge forced her back into court with a subpoena and then ignored her when she said she took a drug which effectively knocked her out.
This, according to Taylor Henderson of the COJC, does NOT constitute impropriety, the appearance of imporpriety, or bias. That's because Taylor Henderson is a typical corrupt bureaucrat; she protects bad judges from litigants. She is part of the problem.
Also note, at the end of the letter, Henderson even says the COJC is not allowed to speak to me, the person who submitted the complaint, anymore. How is that for transparency?
Also, I've learned that the COJC is not subject to the Freedom of Information Act, here is more from the corrupt Ms. Henderson: "The Oklahoma Open Records Act is the State of Oklahoma’s equivalent to the federal FreedomofInformation Act to which you reference. Pursuant to Title 51, Section 24A.3.2 of the Oklahoma Statutes, the Council on Judicial Complaints is specifically exempted from the Oklahoma Open Records Act and its records are not subject to public inspection."
So, the COJC does everything in secret, will tell you nothing, and by law does not have to release their records.
This is the most transparency the COJC has ever felt.
I do still have two more complaints against the Orwellian Judge J Anthony Miller that the COJC must deal with and I'm sure I'll get a standard form letter like this one. That's because Taylor Henderson protects bad judges from the litigants, not the other way around.
The raw audio of the day the Orwellian Miller caused Tanya Hathaway's panic attack, ignored it, then ordered her back into the courtroom while she was being treated through a subpoena is below.
But the Orwellian Special Judge J Anthony Miller is not the only corrupt judge in Tulsa County.
Also, on the broadcast is Mary Roma. TnT Tanya TalkS introduces her story this way.
MARY ROMA GAGE START HER OUTRAGEOUS AIL SENTENCE given the initial abuse by Tulsa District Court and the reprehensible set ups. Recently Mary’s (we call her Roma) matter was transferred to a remote court outside of Tulsa County. This is one of countless actions that one would seem to believe is to cover up Tulsa’s courtroom abuse by the Judge and attorney’s that seem to continue to make themselves quite a living by heisting trusts of unsuspecting victims who have lost their loved ones. So what did Roma do? She filed for what rightfully belongs to her family.
This is an earlier podcast with Mary prior to being sentenced to jail and they last minute presented another charge and 20k in fines on a contempt charge she had no prior notice of. This is all CONJURED TO STEAL MONEY THAT HER PARENTS LEFT FOR HER FAMILY NOT CORRUPT ATTORNEYS
A man with no history of drug use was first ordered to
take a drug test and then ordered to pay for it when it came back clean
during his divorce.
It’s the latest example of judicial hubris and abuse by a
growing list of litigants in the Court #349 of the Tulsa District Court where
the Orwellian Judge J Anthony Miller presides.
(Orwellian Tulsa Distric Special Judge J Anthony Miller)
Stephen Thompson is a flight nurse with a steady job and he
said he has no history of drug abuse.
The order further noted: "It is further adjudicated, ordered, and decreed by the courts that the cost shall be prepaid by the Petitioner (Thompson's ex-wife) and if Respondent's results are positive for the substance, the cost of Respondent's said drug screening shall be reimbursed by the Respondent to the Petitioner."
Despite Miller's own court order, in July 2017, even after his drug test came back negative,
Thompson was told his test would be “presumed positive” if he didn’t pay for
it.
Indeed, according to an April 24, 2017, court order signed
by the Orwellian Miller, Thompson is ordered to take a drug screen: “It is
therefore ordered, adjudicated, and decreed by the court that it has been fully
advised and with good cause hereby orders that the Petitioner submit a hair
sample.”
But on July 12, 2017, the on-line docket shows an entry-
currently at least- for a “presumed positive” test.
Thompson said this episode is only one injustice in a year
plus process which has put him on the brink of financial ruin, threatened with
jail, and worse yet, he said he’s been systematically removed from his four children’s
lives by his ex-wife.
An email to Miller’s law clerk, Shana Grandstaff, was not
returned.
A petition was filed for divorce between Deshonda Thompson
and Stephen Thompson in Tulsa County District Court on February 16, 2017.
Thompson said he makes
approximately $4,300 per month in income but between child support and alimony, more than half his gross income is confiscated.
“On March 8th 2017, I was informed that my child support would be calculated
out to $1337/mo based off of my income, that was coming from my attorney, I
thought that was a bit steep, but what do I know." Thompson said of what happened next. "Turns out, it was definitely
miscalculated. I go to court on April 24th, I believe, 2017 and my pay stubs
are introduced as evidence, Judge Miller orders me to pay the current child
support as well as $900/mo in alimony and Judge Miller states, and I quote, ‘He
will just have to figure it out.’ I was also forced to take a drug test for the
sole fact that my ex would pay for it, even though I didn't meet any statue
saying that I needed to.
“I end up getting evicted from my apartment and my car
repossessed. The summer of 2017 my ex kept the kids from me, and on June 1st,
2017, my daughter was grounded from me, and I have a recording stating such. I
hired a new attorney in July and go back to court later that month because she
wants to move out of town and she wants me drug test to be deemed positive
(side note, I am a nail biter, she knows that, wouldn't allow for a hair
follicle, I h ad to wait a month for my nails to grow, all while paying $25 a
week to go in and them tell me to come back). I go to court, Judge Miller
orders me to pay for the drug test, the one he only allowed because she was
going to pay for it, and I get some sort of visitation reestablished, he didn't
care that the kids were withheld from me for the summer and didn't give me the
opportunity to state anything about my daughter being grounded from me.”
An email to Deshonda Thompsons’ attorney, Kameran Ritzhaupt,
was left unreturned.
But Thomson said his attorney was not able to file a
petition to modify the child support order until November 2017, and that has
still not been heard by the Orwellian Miller. Thompson said this happened despite that from May 21- August 17, 2017, he didn’t
see any of his four children at all.
He hasn’t seen one of his children, his daughter who is grounded
from him, since June 1, 2017.
“For over a year, my ex keeps saying my child has issues
with me but won’t say what those issues are.” Thompson said on Conservative Law & Politics.
But Thompson said the abuse only got worse as 2017 turned
into 2018.
“In February (2018) I go back to court, and again he doesn't
have time to hear my motions, and my attorney pleas on my behalf and waives my
right to a trial by jury, unbeknownst to me.
“I go back to court
in April and yet again, my motions aren't heard, it gets pawned off until
May.
“On May 11th, I go back to court. This time I overhear Judge
Miller say that he will find me guilty of contempt, even before a trial, I hear
this judge already have a preconceived notion that I am guilty after hearing no
evidence whatsoever. I am forced to plead no contest, since my right to a jury
trial had already been waived, so I can remain out of jail until September when
I have a status hearing on that issue. Meanwhile, once again, my motions about
child support/alimony and me not seeing my daughter are all pawned off.” Thompson has been represented by for parts of the ordeal by Matt Ingham and other parts of the ordeal by Cliff Stark. Emails to both were left unreturned.
Emails to Alex Gerszewski and Terri Watkins, press secretaries for Oklahoma Attorney General Mike Hunter, and to Sally Van Schenk, press secretary for Tulsa District Attorney Steve Kunzweiler, about the forming pattern of abuse in Miller's courtroom were left unreturned.
On March 12, 2018, I along with another Orwellian Judge
Miller victim Tanya Hathaway, wrote her story; you can find that story here.
A podcast discussing her case is also below.
Tanya has started her own show, TnT Tanya TalkS, and among
her guests was a third victim of the Orwellian Miller, Ashley. That podcast is
below.
Hathaway started the Facebook page “Injustice in Oklahoma”
where the list of victims of the Sooner State's judicial, law enforcement, and political abuse grows daily. She also interviewed Stephen Thompson and that podcast is below.
Stephen Thompson, the guest on the above podcast, experienced corruption in front of the same judge Tulsa District Special Judge J. Anthony Miller.
Stephen Thompson was on with Tanya Hathaway on TnT Tanya TalkS and Tanya Hathaway described his case below:
Our guest, Stephen Thompson, is yet another victim (and more are coming out of the woodwork) of Special Judge J. Anthony Miller, of Tulsa District Courthouse, where he will share his nightmare in courtroom # 349.(Ipersonally begin to hyperventilate thinking about that evil excuse for justice. )
This is yet-another family case gone wild!
Stephen’s Constitutional Rights have seemingly been violated- motions ignored- suppressed and oppressed…. Parental alienation ignored- suborned, and seemingly applauded by Judge Miller when Stephen tries to enforce existing orders- instead, it’s more like he was punished.
Although we know one thing for sure that Miller is bias over (in my opinion) is protecting his self interest regardless of gender as a litigant; I certainly understand, as plenty can I imagine- why Stephen has the following to say about his ongoing experience with the Orwellian Miller.
Quotes from Stephen: “This is the first time I have had to deal with lawyers and courts. From the beginning I have felt like I have been hustled from all sides”.
“After experiencing the things that I have gone through, I have realized that the system creates more “deadbeat dads” than there would be otherwise and the kids best interest, which this should all be about, goes by the wayside. “
I've referred to so-called Judge Miller as the Orwellian Judge Miller. Stephen was forced to take a drug test; the reason being was that his ex-wife agreed to pay for it even though he had a job and no history of drug use.
Then, when the test came back negative, the Orwellian Miller ordered Stephen to pay for the test or have it be deemed positive. How's that for Orwellian?
There is a second documented case of Orwellian Judge Miller victimizing a litigant. Tanya Hathaway and TnT Tanya TalkS also interviewed Ashley. That podcast is below.
The podcast about Tanya Hathaway's story is below; Hathway makes it three Orwellian Judge Miller victims. Please read Tanya Hathaway's story "New Hampshire Woman Takes on Oklahoma" here.
My initial complaint was rejected. See photo below.
I disagreed with their assessment and filed a follow up with Taylor Henderson, the COJC Administrative Director. That is below. For reference, here is the Oklahoma Code of Judicial Conduct.
We also discussed the abuse Tulsa, Oklahoma Judge J. Anthony Miller engaged in against Tanya Hathaway. Find the audio which summarizes this abuse here,
(Tulsa Special Judge J Anthony Miller)
Finally, I mentioned a letter from the Council on Judicial Complaints in the last ten minutes. Photo of that letter is below. This was written by Taylor Henderson, the Administrative Director at the Oklahoma Council on Judicial Complaints.
Mike is facing 800 years- based on the charges levied against him by the State of Oklahoma.
Mike refused to lie to satisfy the "needs" of the Oklahoma Bureau of Narcotics and Medicaid Department after they raided what they believed to be a pill mill and worked hard to save face.
LISTEN IN and hear Mike's story for the first time. A side that mainstream is not covering. The political implications of the raid; how a man working security suddenly finds himself in the midst of the unthinkable and being touted as the alleged "pill mill" doctor's "most trusted friend" and "muscle" when according to Mike- those statements couldn't be farther from the truth.
Mike stands his ground and refuses to make a plea for something that didn't exist as far as he knows- and had nothing to do with.
What on earth does the state plan to come up with and what
Check me out with Lee, also on are Tanya Hathaway and Julie Goffstein. What does subject matter jurisdiction mean; it means having to defend your New Hampshire home in Oklahoma.
Victim-survivor of domestic violence. Ashley shares her story and what she is up against; being re-victimized by Special Judge J. Anthony Miller- of Tulsa District Court and a problematic system. Ashley endured seven years of abuse by her ex, concussions, contusions and more. Miller sees fit to subject this mother and her children to continued abuse. Ashley is faced with the possibility of being in Miller’s courtroom again very soon. She is desperately trying to make sure that doesn’t happen. Hasn’t she already been through enough?
The judicial oversight committee has failed us. We must stand together and up to those that deny us our basic civil and human rights. Special Judges are appointed by the presiding judge-not elected. But the presiding judge is elected. So yes, we have an even deeper problem.
A lawyer forcefullynegotiated with a pro se litigant while she was having a panic attack.
That shocking interaction was caught on tape during a 2015 divorce
hearing in Tulsa County, Oklahoma between John Doe and Tanya Hathaway.
Michon Hughes, now of Clinton C. Hastings and Michon Hastings Hughes, Doe’s attorney, presented
a settlement offer to Hathaway, who was representing herself, while Hathaway
was in the middle of a panic attack.
Later in the same hearing, the Special Judge, J. Anthony Miller, proceeded with the hearing, even after
being told by Hathaway that she’d taken a prescription drug to help halt the attack which made her unable to contribute to her defense.
The disturbing set of events is part of a near four-year divorce
process for a six-month marriage.
(Tanya Hathaway)
A Six-Month Marriage
John Doe and Tanya Hathaway met online and after a short courtship
they married on November 27, 2013. At the time, Hathaway lived in a home she built in 2001 in
Newbury, New Hampshire, with her two sons. Hathaway and Doe decided to buy in a home in nearby Springfield, New Hampshire.
While the money to purchase the house came from Doe, the purchase and sale agreement was in both their names, and
Hathaway paid at least that much for repairs they’d planned to make upon buying
the property.
Right before the closing, Doe told Hathaway that he needed to keep her off the deed for taxes
purposes but would put her back on shortly after they got married; Doe, however, never put Hathaway on the deed.
The house closed in September 2013.
Several weeks after the property closed, Hathaway, Doe, and her two sons spent the day moving personal effects and
furniture from her Newbury home. They were to spend their first night in the marital home. And they did.
Doe remembers it differently saying in an email: “After I took title from the accommodator, she
(Hathaway) moved into the house without my permission before we were married.” Doe said in
an email, but he did not explain where he and his new wife were living, if not
in this property.
In a letter to his mother, he also presented the
home as his and Hathaway’s: “The plan is simple there is
no need to carry 3 houses. Tanya is selling hers and will get out from
underneath the bills and mortgage on her own. I am not helping her on any of
her expenses on that. She will stay in Philbrick (the disputed property) for
now and keep it winterized.” Doe spent the semester working at Oral Roberts University in Oklahoma
and commuted back and forth.
Unbeknownst to Hathaway, Doe was carrying on inappropriate in an relationship with at least
one other woman before and during the marriage.
On March 19, 2014, upon discovering evidence of betraying their marriage, Hathaway asked Doe to leave. They reconciled shortly after and Doe sold his Oklahoma home in May, but the marriage fell apart for good in late June.
.
Leads to a Four-Year Divorce
On July 3, 2014, with process servers in hot pursuit to serve him
with divorce, Doe served Hathaway for divorce in Oklahoma.
Hathaway’s immediately filed in New Hampshire- but he fled, nowhere to be found and couldn't be properly serve him.
in New Hampshire the law would have treated their home as marital
property and even split is presumed, while in Oklahoma the home would have been
treated as his because he bought it before the marriage.
Doe seemed to know this when he emailed Hathaway’s sistersuggesting they just sell the house and split the money. That was until he realized that hand served divorce papers were not allowed in New Hampshire. Doe had hired Michon Hughes, a powerful figure in Tulsa’s legal
community; Hughes and Doe had worked together on mock trials while he taught at Oral
Roberts University.Doe is a lawyer.
Many attorneys refused to take Hathaway’s case after it unfolded;
as a result, Hathaway was forced to represent herself for much of the affair,
and when she had representation, the attorney generally worked against her
interests.
The Bogus Notary
The initial petition filed by Hughes on Doe’s behalf appears to
not have properly been notarized. The lawsuit was notarized by Hughes, not a third
party, and it later came out that the petition had been emailed back and forth
between Doe and Hughes, and as such,she hadn’t witnessed his signature.
All three- Doe, Grey, and Hughes- are attorneys
and presumably would have known that a notary must witness the signature.
(Michon Hughes)
Grey has since
moved to his own firmand did not respond to an email for comment. When this was argued in front of Judge Miller, Hughes claimed that notarizing in this way is normal, accused Hathaway of doing the same thing, and claimed a 2013 law allowed her to do this.
Hathaway denied notarizing this way, and Hughes
provided no evidence to back up this assertion; Hughes never provided this
purported law allowing such a notary.
I could not find such a law in Oklahoma or any
other state; Hughes did not respond to a voicemail for comment.
Notarizing the initial lawsuit in this way would
not only constitute a fraud upon the court but since Hathaway had filed a
petition for divorce in New Hampshire, but hadn’t yet served Doe, this would
mean Doe’s legal team cheated to get the case in the state they wanted.
The Order of Protection
In April 2015, Hathaway was served at her New Hampshire home with
an order of protection (OOP);Doe claimed Hathaway was harassing his friends and family, along with
other transgressions.
The OOP claimed Hathaway lived in Oklahoma; Michon Hughes would
later say that this was a scrivener’s error, legal term for a typo.
“You know that was a scrivener’s error,” Hughes said.
“No, that was deception,” Hathaway responded.
If it was a scrivener’s error, it’s never been corrected and it’s
a convenient typo because it suggested that Hathaway lived near Doewhen they lived more than a thousand miles from each other. (Doe was living in Oklahoma in 2015.)
At the OOP hearing, Doe accused Hathaway of stalking, theft, harassing his family and
employer, and costing him his job; Hathaway had to travel to Oklahoma- she has
made approximately ten trips for this case- and was prepared to counter each charge-
she had a warm birthday card from Doe’s sister who Hathaway had purportedly
stalked- but she had the first of several panic attacks, failed to make the
hearing and the order was entered by default. Doe never provided any witness statements to satisfy the claims.
As a result, Hathaway was ordered to stay at least five hundred
feet away from him, not to reference him on social media, a blog she started
and to his then employer; in the blog she noted that she’s a domestic violence
survivor, a certified volunteer crisis counselor, and advocate for domestic
violence survivors; the picture painted by the OOP was the opposite of who she
was.
The only other time in her life she had suffered panic attacks was
when she was a domestic violence victim in her twenties.
Dirty Laundry on Dr. Phil
A family member of Hathaway’s suggested that the whole bizarre
episode was perfect for Dr. Phil.
Months after getting an OOP, which forbade Hathaway from being
within five hundred feet of Doe, they shared the same Dr. Phil stage
voluntarily.
Doe “portrayed himself as a man of god but he’s really demon
possessed.” Julie also said.
Julie went on to say that the two were engaged on August 11, 2011,
also after a short courtship, but then Doe ended it suddenly with a text message and kicked her out of the
house.
“When Doe kicked me out, I felt so unbelievably betrayed,’ Julie said.
It came out in the broadcast that Doe came cross country with his
daughter- presenting himself as unattached- to see Hathaway while Julie was
still living with him.
“One time when I was nine years old, he actually took me to meet
with one of his lovers,” his ex-step-daughter Marissa said, describing how
brazenly Doe cheated on her mom.
Kelly said before they divorced Doe pressured her to give him $300,000 for a property she said they
purchased with her money. Doe also manipulated two properties in the divorce.
“All three of these women have one thing in common,” Hughes said,
“they wanted more of Doe property wise than he was willing to give.”
At that moment, all three women adamantly spoke up to challenge
the assertion.
Of Hathaway,Doe said that the home at issue was an investment property; he
accused Hathaway of being a gold digger, of also having affairs, and hiding her
past as a dancer.
Hathaway adamantly denied all the charges and said she never hid
that she’d been a dancer.
Doe remained defiant, stating in an email: “There are no children, no abuse issues, you should see the irony that a
less than 6 month marriage has resulted in a Dr. Phil Episode.”
A court must have some sort of stake in a case before it can hear
it: That’s subject matter jurisdiction.
Their marital home was in New Hampshire, Doe claimed their marital
home as his primary property, and he’d already sold his Oklahoma home; as such,
Hathaway argued, Oklahoma had not established subject matter jurisdiction.
In an email to me, Doe said: “My
domicile was Oklahoma and I had a contract to teach for the 2014-2015 school
year in Tulsa,” and as such, argued that Oklahoma did have subject matter
jurisdiction.
At a hearing held in in April 2016, nearly two years after the
divorce was filed, in front of Tulsa County Special District Judge J. Anthony
Miller, Doe admitted that he had lived at the New Hampshire property,
signed up for a Post Office box in December 2013 where he stated he had a
permanent address in New Hampshire, the marriage license listed New Hampshire
as their legal address, and renewed his driver’s license in New Hampshire on
June 27, 2014.
Judge Miller, during an argument with Doe's attorney, noted the importance of this evidence: “I don’t
understand why a driver’s licenses would not be admissible to go to evidence of
where a person’s residence is in a hearing on subject matter jurisdiction.”
Doe provided a storage locker receipt in Oklahoma as evidence he
lived in the state.
(Orwellian Judge J. Anthony Miller)
This video summarizes the events...
Judicial Estoppel
Hughes also argued that the case should move forward based on a
legal technicality called judicial estoppel, which
“prevents a party from asserting a position in one legal proceeding that
directly contradicts a position taken by that same party in an earlier
proceeding.” According to the Cornell Law Review.
Hughes argued because Hathaway had come to Oklahoma to challenge
the lawsuit, this implicitly gave the state jurisdiction.
Without subject matter jurisdiction, judicial estoppel is moot.
After all, litigants need to prove domicile- meaning being a lawful permanent resident in a particular jurisdiction- before filing a lawsuit, and if all Doe provided was a storage
locker receipt, he’d done nothing to show subject matter jurisdiction.
Neither estoppel nor anything else applies if it is achieved by
fraud, but Judge Miller- who forced Hathaway to travel to Oklahoma for every
hearing- ruled that estoppel applied.
The next day, after Hathaway filed an emergency motion for
reconsideration, Judge Miller augmented his ruling, saying that not only did
estoppel apply but subject matter jurisdiction as well.
“I apparently, I left the impression and I want to correct it,
that the only basis for my ruling yesterday was on the basis of judicial
estoppel. It’s my intention to indicate that after hearing those many hours of
testimony, the facts support that this court has subject matter jurisdiction,”
Judge Miller stated at this hearing, “He was a resident based on the factual
record presented.”
While he said there was subject matter jurisdiction at this
hearing, he never provided an explanation to back up this assertion, moving on
to another subject after making this proclamation during the hearing.
The Conflicts of Judge J. Anthony Miller
Judge J. Anthony Miller appears to have been duty bound to recuse
himself from the case. First, he was an informal mediator during a mediation
session held on January 5, 2015.
He denied that he had been the informal mediator when asked to
recuse himself, but Hathaway remembered him from the session; Judge Miller was
the second judge on the case; Judge James Keeley presided over the case when
Judge Miller was the informal mediator.
Bill Windsor tracked down the document proving this.
“On January 5, 2015, a so-called
‘mediation’ was held by (Doe's) attorney, Michon Hughes,with
Tanya Hathaway, and with a Tulsa judge/mediator. The ‘mediator’ was not
the judge in the case. The meeting was allegedly an attempt for a quick
resolution. The ‘mediator’ gained personal knowledge of disputed
evidentiary facts concerning the proceeding. When Tanya Hathaway
attempted to speak during the informal conference, the ‘mediator’ yelled at
Tanya Hathaway to ‘SHUT UP.’ In April 2016, Tanya Hathaway learned that
the ‘mediator’ was Judge J. Anthony Miller.” According toa blog post about the case from 2016. Judge Miller denied an emergency motion to disqualify himself from the case filed on July 5, 2016, where these arguments were made.
The Trial
The day after the subject matter jurisdiction hearing a divorce
trial was held.
Hathaway initially made a motion to the court for an
accommodation- a request she’d made before- under the Americans with
Disabilities Act (ADA).
Hathaway was diagnosed with adjustment disorder, which is a series
of symptoms like anxiety and panic attacks resulting from a stressful life
event.
She has attention deficit disorder (ADD), but because of the
anxiety and panic attacks, her doctors removed her ADD medication which
exacerbated the panic attacks.
As a result, she told Miller it was impossible for her to
concentrate, and she was unable to properly catalogue: emails, receipts for
improvements on the home, cash payments, and other documents.
She asked for a next friend- a
person who assists another person who is under disability- to help
catalogue her documents; Judge Miller denied this accommodation while refusing
to accept her medical records as evidence.
Since it was the legal abuse which caused her adjustment disorder,
Judge Miller had a reason not to recognize her disability; after all, he caused
it.
Among other things, Doeclaimed Hathaway withheld his mail and that only she could forward
the mail at the PO Box, when in reality, he had total control of that mailbox.
The Tulsa County Clerk of Court confirmed it’s not in their system
but had no explanation why. The Clerk’s office said if a copy was submitted to
them it would be entered into the system which I’ve done.
Approximately fifteen minutes into the hearing, Hathaway excused
herself and went into the hallway; she was on the verge of a panic attack.
In the hallway, the panic attack continued, but Hughes was
unimpressed, initially telling Judge Miller that Hathaway was faking it before
following Hathaway into the hallway and presenting a deal.
“We know you’re going to appeal and this is going to drag on,”
Hughes said while Hathaway was in the hallway trying to control her breathing.
“I’m having a panic attack and the only way to stop it now is to
take meds that would knock me out and then I can’t even be there,” Hathaway
responded still trying to control her breathing.
Hughes, who then acknowledged she’d also had panic attacks,
responded, “$25,000, I think we’ve all agreed you put in at least that much. If
we sell the property there will be at least that much.”
“I want this over with because I can’t live with him trying to
take everything through the lies,” Hathaway responded still trying to control
her breathing.
Carol Channing, the communications director of the Oklahoma Bar
Association, did not respond when asked if this move violated any ethical
standards.
This was one of over one hundred items filed by Hathaway in a bar complaint against Hughes; after a year, the bar responded by saying there was
nothing to investigate.
Back in the courtroom, Hathaway said, “I’m having a panic attack
and if I don’t take the medication I will have to go to the hospital and if I
take medication, I won’t be able to stay awake and think clearly.”
Upon hearing this, Judge Miller adjourned the trial for fifteen minutes
for Hathaway to collect herself.
During the break, an emergency medical technician (EMT) treated
her with oxygen; while being treated by the EMTs, she was served with a
subpoena, and told to return or lose by default.
Hathaway took a trazadone-prescribed by her doctor- to control her
panic attacks; it was the first time she had taken trazadone- a drug which
causes dizziness, drowsiness, and light-headedness.
When Hathaway informed the court, she had taken the drug, her
statement was stricken from the record and Miller ordered the proceedings to
continue.
Hathaway finished the trial that day, but remembers very little.
A call to Judge Miller’s chambers was also left unreturned.
(Oklahoma Bar rejecting Hathaway's complaint against Miller)
This video summarizes the shocking set of events...
The Decision:
According to the docket, prior to the trial, Judge Miller was to
hear Hathaway’s motion to vacate a defaulted order for summary judgment along
with defaulted temporary orders.
The summary judgment gave Doe sole possession of the house.
These orders were entered by default at a hearing in April 2015;
Hathaway didn’t make the hearing because while leaving her hotel which was
across the street from the courthouse she suffered another panic attack.
She filed a motion to vacate before she left Oklahoma in April
2015- higher courts frown upon default judgments if the defaulted party has a
good reason- and her motion was on the docket for a year and to be heard before
the other matters- the subject matter jurisdiction and the divorce trial.
Rather than hearing Hathaway’s motions to vacate, Judge Miller made a nunc pro tunc ruling- a legal term which means to retroactively act on an earlier matter- which mirrored
the summary judgment: Doe got sole possession of the house.
As such, rather than granting Hathaway a right to be heard, he
gave Doe what he asked for without giving her a chance to oppose it. " I never intended to hurt her, throw her out, or do anything to harm her and the boys." Doe said to Hathaway's sister in an email from September 2014, but that's exactly what will happen if this ruling is upheld.
Hathaway has appealed; her latest appeal to the Oklahoma Supreme
court stated: “EMERGENCY APPEAL AND MOTION TO REQUEST THIS MOTION AND
BE ACCEPTED AND REQUEST FOR AN IMPARTIAL INVESTIGATION THROUGH A HIGHER COURT
AND OVERTURN ANY AND ALL FINDINGS BY AND THROUGH TULSA COUNTY COURT AND ALL
INVOLVED IN THE CORRUPTION IN THIS MATTER BEFORE THE COURT.”
The appeal has sat at the Oklahoma Supreme Court for
approximately a year without a resolution.
There are more than fifty entries on the Oklahoma Supreme Court docket
for this case; the
case in Judge Miller’s court has more than one hundred entries.There are hundreds in the District Court, some that Hathaway claims have been removed, many not available,
and plenty “sealed”.
“For a six months marriage the cost in time has been exorbitant”
Doe said during the hearing, “We didn’t have joint bank accounts, we didn’t
have joint savings accounts, the property in her name remained in her name, the
property in my name remained in my name and there was no reason it should have
gone on this long,”
On Sunday March 18, 2018, TNT Tanya Talks featured this story in depth.
For the raw audio of the fateful day when the Orwellian Miller forced Tanya Hathaway to continue after a panic attack with the threat of a subpoena listen below.
Please note. I welcome any and all comments from any political perspective. I will not stand or approve any swearing, and personal attacks will likely also not be approved.
