Please check out my new books, "Bullied to Death: Chris Mackney's Kafkaesque Divorce and Sandra Grazzini-Rucki and the World's Last Custody Trial"
Tuesday, March 27, 2018
Monday, March 26, 2018
Tanya TalkS Injustice in Oklahoma
MEET ASHLEY
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.
Also, check out Tanya Hathaway's story here.
Friday, March 23, 2018
Thursday, March 22, 2018
Evavold Released
In an update from a story I did a couple days ago, Dede Evavold has been released.
She was initially held without bond and a Monday court appearance only delayed any decision until Tuesday. After my article came out Tuesday morning, Evavold was released without a bond.
She was told to remove all the remaining disputed blogs by early next week or she would be sentenced to a full month in jail.
Remarkably, the so-called judge, Kathleen Gearin, actually said in open court, "I'm just afraid other reporters will report on this."
Apparently, the judge is worried that the news will do its job.
She ordered Evavold to also not talk about Dakota County and Michael Brodkorb, according to a source.
Brodkorb, I've learned, didn't just accompany the police when Evavold was arrested but actually called it in. Though he lives nowhere near her, he was apparently outside her home until he noticed she'd arrived and called into the police to pick her up because there was a warrant for her arrest.
I asked the sheriff, Donald Gudmundson, if Brodkorb's behavior didn't itself constitute a crime, as he appeared to be stalking Evavold but he didn't respond.
Evavold's so-called crime is that she did not remove blogs fast enough.
Below, is the previous article.
...
She was initially held without bond and a Monday court appearance only delayed any decision until Tuesday. After my article came out Tuesday morning, Evavold was released without a bond.
She was told to remove all the remaining disputed blogs by early next week or she would be sentenced to a full month in jail.
Remarkably, the so-called judge, Kathleen Gearin, actually said in open court, "I'm just afraid other reporters will report on this."
Apparently, the judge is worried that the news will do its job.
She ordered Evavold to also not talk about Dakota County and Michael Brodkorb, according to a source.
Brodkorb, I've learned, didn't just accompany the police when Evavold was arrested but actually called it in. Though he lives nowhere near her, he was apparently outside her home until he noticed she'd arrived and called into the police to pick her up because there was a warrant for her arrest.
I asked the sheriff, Donald Gudmundson, if Brodkorb's behavior didn't itself constitute a crime, as he appeared to be stalking Evavold but he didn't respond.
Evavold's so-called crime is that she did not remove blogs fast enough.
Below, is the previous article.
...
Dede Evavold is in jail, held without bond: her crime, not removing blogs fast enough for a court.
This blatant violation of Evavold’s first amendment rights appears to be just fine with all involved: the sheriff, the judge and the media which have been covering the Rucki story.
The whole bizarre scenario started with David Rucki’s attorney, Lisa Elliott, filed an emergency motion on February 12, 2018.
“Ordering Respondent to immediately remove the entire post titled ‘Beaten Before Born: Sandra Grazzini-Rucki Assaulted While Pregnant – Rucki Wanted to Kill Baby Because ‘Wasn’t Perfect.’, dated December 18, 2017, from the Red Herring Alert Blog and /or any subsequent revisions to the post along with any reposts and/or posts to Facebook and Twitter, which is a direct violation of Minnesota Statue § 609.748, Sub.1a;” The motion stated.
Remarkably, the original blog in question was re-printed from another blog; the story originated on Justice for Grazzini-Rucki children, where it remains today.
Remarkably, the original blog in question was re-printed from another blog; the story originated on Justice for Grazzini-Rucki children, where it remains today.
The motion was still quickly granted and Evavold was ordered to remove the blog post immediately.
The motion was granted even though Rucki has had glowing coverage from local media and national media like 20/20 and it’s not clear how a blog would “harass” him as he alleged.
An email to his attorney, Lisa Elliott, was left unreturned.
That order turned into an order to remove nearly ten blog posts and then dozens. When Evavold did not comply with the most recent order to remove dozens of blog posts, a warrant was issued for her arrest.
The arrest warrant was initiated by Elliott who filed an affidavit in early March 2018: “Respondent has failed to comply with this Court’s March 1, 2018 Order. THEREFORE, IT IS HEREBY ORDERED: That the Dakota County Sheriff’s Department shall issue an arrest warrant immediately for the detention of the Respondent, Deirdre Elise Evavold, as outlined in its March 1, 2018 Order.”
Her request was quickly granted by a retired judge from Ramsey County, Kathleen Gearin, and an arrest warrant was issued on March 14, 2018; but Evavold, while free, said she was out of the state on a preplanned trip at the time the warrant was issued.
According to her neighbor, Evavold was picked up by a Stearns County Sheriff- Evavold lives in Stearns County- on Sunday March 18, 2018.
The Stearns County Sheriff, Don Gudmundson, said any potential violations of the 1st amendment must be taken up with the judge: “Mrs. Evavold can take those issues up with the Judge. My lawful duty is in Court File 19AV-CV-17-1950 and Write of Attachment 19AV-CV-17-1950-1 which states 'Hold Without Bond.'”
According to Minnesota statute, her violation- contempt of court- is punishable by a maximum of $250 fine and six months in jail, but as Sheriff Gudmundson stated, she is still being held without bond per the order of the judge.
Judge Gearin is retired and could not be reached; staff at Ramsey County Court and Dakota County Court- from where the warrant was issued- did not respond to messages to explain what appears to be a blatant violation of Evavold’s 1st amendment rights.
Staff at Dakota County did say that retired judges are brought in when there is a shortage of judges, and this would be the reason Judge Gearin presided over parts of this case.
Evavold’s neighbor, Angela Young, said that Evavold was arrested even though she handed the sheriffs her own affidavit of compliance with the order.
A subsequent email to the public affairs department at the Minnesota Courts was also left unreturned.
Remarkably, Michael Brodkorb, who runs Missing in Minnesota, accompanied the sheriffs as they arrested Evavold.
Sheriff Gudmundson did not respond as to how Brodkorb would know to be there for the arrest; Brodkorb has blocked my email and did not respond.
When the Rucki girls were found in November 2015, Brodkorb also accompanied police on that trip, even though the police were supposed to be executing a sealed warrant.
Evavold was convicted along with Sandra Grazzini-Rucki of helping hide Grazzini-Rucki’s daughters when they ran away from home in April 2015, after a court forced them to live with their father, despite insisting to the court that he abused them and their siblings.
Tuesday, March 20, 2018
For Not Removing Blog Posts: Evavold Held Without Bond
Dede Evavold is in jail, held
without bond: her crime, not removing blogs fast enough for a court.
This blatant violation of Evavold’s first amendment rights appears to be just fine with all involved: the sheriff, the judge and the media which have been covering the Rucki story.
The whole bizarre scenario started when David Rucki’s attorney, Lisa Elliott, filed an emergency motion on February 12, 2018.
“Ordering Respondent to immediately remove the entire post titled ‘Beaten Before Born: Sandra Grazzini-Rucki Assaulted While Pregnant – Rucki Wanted to Kill Baby Because ‘Wasn’t Perfect.’, dated December 18, 2017, from the Red Herring Alert Blog and /or any subsequent revisions to the post along with any reposts and/or posts to Facebook and Twitter, which is a direct violation of Minnesota Statue § 609.748, Sub.1a;” The motion stated.
Remarkably, the original blog in question was re-printed from another blog; the story originated on Justice for Grazzini-Rucki children, where it remains today.
The motion was still quickly granted and Evavold was ordered to remove the blog post immediately.
The motion was granted even though Rucki has had glowing coverage from local media and national media like 20/20 and it’s not clear how a blog would “harass” him as he alleged.
An email to his attorney, Lisa
Elliott, was left unreturned.
That order turned into an order to remove nearly ten blog posts and then dozens. When Evavold did not comply with the most recent order to remove dozens of blog posts, a warrant was issued for her arrest.
The arrest warrant was initiated by Elliott who filed an affidavit in early March 2018:
“Respondent has failed to comply with this Court’s March 1, 2018 Order. THEREFORE, IT IS HEREBY ORDERED: That the Dakota County Sheriff’s Department shall issue an arrest warrant immediately for the detention of the Respondent, Deirdre Elise Evavold, as outlined in its March 1, 2018 Order.”
Her request was quickly granted by a retired judge from Ramsey County, Kathleen Gearin, and an arrest warrant was issued on March 14, 2018; but Evavold, while free, said she was out of the state on a preplanned trip at the time the warrant was issued.
According to her neighbor, Evavold was picked up by a Stearns County Sheriff- Evavold lives in Stearns County- on Sunday March 18, 2018.
The Stearns County Sheriff, Don Gudmundson, said any potential violations of the 1st amendment must be taken up with the judge: “Mrs. Evavold can take those issues up with the Judge. My lawful duty is in Court File 19AV-CV-17-1950 and Write of Attachment 19AV-CV-17-1950-1 which states 'Hold Without Bond.'”
According to Minnesota statute, her violation- contempt of court- is punishable by a maximum of $250 fine and six months in jail, but as Sheriff Gudmundson stated, she is still being held without bond per the order of the judge.
Judge Gearin is retired and could not be reached; staff at Ramsey County Court and Dakota County Court- from where the warrant was issued- did not respond to messages to explain what appears to be a blatant violation of Evavold’s 1st amendment rights.
Staff at Dakota County did say that retired judges are brought in when there is a shortage of judges, and this would be the reason Judge Gearin presided over parts of this case.
Evavold’s neighbor, Angela Young, said that Evavold was arrested even though she handed the sheriffs her own affidavit of compliance with the order.
A subsequent email to the public affairs department at the Minnesota Courts was also left unreturned.
Remarkably, Michael Brodkorb, who runs Missing in Minnesota, accompanied the sheriffs as they arrested Evavold.
Sheriff Gudmundson did not respond as to how Brodkorb would know to be there for the arrest; Brodkorb has blocked my email and did not respond.
When the Rucki girls were found in November 2015, Brodkorb also accompanied police on that trip, even though the police were supposed to be executing a sealed warrant.
Evavold was convicted along with Sandra Grazzini-Rucki of helping hide Grazzini-Rucki’s daughters when they ran away from home in April 2015, after a court forced them to live with their father, despite insisting to the court that he abused them and their siblings.
Thursday, March 15, 2018
Tuesday, March 13, 2018
Monday, March 12, 2018
New Hampshire Woman Takes on Oklahoma
By Michael Volpe and Tanya Hathaway
A lawyer forcefully negotiated 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.
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.
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.
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.
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 sister suggesting 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.
Grey was an attorney working for Hughes firm at the time;
he acted as a go-between emailing the document back and forth from Doe to
Hughes with Hughes notarizing the document which was emailed to her.
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 firm and 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 Doe when 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.
Also on the broadcast were Doe ex-wife, Kelly, and his ex-fiancée, Julie.
“(Doe) is a user, and a thief, and a liar,” said Julie on the
broadcast, a show entitled “The
College Professor and His Many Women.”
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.
He was painted as a serial philanderer; shortly
after the show aired, he was terminated from his job at Oral Roberts
University.
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.”
Subject Matter Jurisdiction
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...
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 to a 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.
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.
Judge Miller then put off a
citation he’d made against Doe for direct contempt for perjury, saying the issue would be taken up after the trial; as such, Doe could testify while being accused of lying under oath.
Among other things, Doe claimed 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 direct contempt citation disappeared from the docket on the central system called, Oklahoma State Court Network (OSCN) and the jury trial,
which Judge Miller ordered in his citation, was never held.
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.
Hathaway filed a grievance with the Oklahoma Board of JudicialStandards against Judge Mller-but they declined to take any action; they declined to comment to me, citing privacy.
(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.
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 March 9, 2018, the
Oklahoma Appeal's Court Division III affirmed the Orwellian decision, but Tanya has one last desperate hope at the Oklahoma Supreme Court.
Injustice in Oklahoma EXPOSED:
From that experience, Hathaway started Injusticein Oklahoma EXPOSED; her story is one of tens
of thousands of stories of corruption at all levels of government in Oklahoma,
she said.
She has also expanded that forum and is a regular host on TS Radio “TNT Tanya Talks”and has also been asked to speak at the annual Whistle-blower’s Summit in Washington DC this summer and is dedicated to making a difference with other dedicated advocates like herself.
On Sunday March 18, 2018, TNT Tanya Talks featured this story in depth.
She has also expanded that forum and is a regular host on TS Radio “TNT Tanya Talks”and has also been asked to speak at the annual Whistle-blower’s Summit in Washington DC this summer and is dedicated to making a difference with other dedicated advocates like herself.
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.