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"
Friday, November 19, 2021
New Livestream
Wednesday, November 10, 2021
Livestream
Tuesday, November 9, 2021
Litigants Describe Their Frustrations Dealing With Divorce/Custody Attorneys
Two litigants I previously featured say part of their divorce and custody matters stemmed from their own lawyers.
Bill Sardi, featured here, and Molly Green, featured here, both had similar thoughts about the lawyers they paid to represent them.
Find the full interview with Sardi here.
Hi. Lawyers recuse themselves from cases when the retainer runs out or…. if the verbal promises they have made fall by the way side and they are called out on their failure to fight for their client! Suggestion: Attys. are most hungry at the beginning of the case, that is when you have your attorney put in writing their strategy to win your case. When does any person retain services from a professional without a full understanding of what they plan to do for you? Get it in writing before you pay the first retainer and when they come back for more money…Mr. and Ms. Family Law Atty put your plan/strategy to represent me in your retainer or you don’t get my money.
Monday, November 8, 2021
A Reader Responds to Bill Sardi's Article
Late in October, I wrote an article about Bill Sardi, a California small business owner who is going on his eighth year in family court.
He described a frustrating, time consuming process, which caused him to be separated from his son for months at a time. He faced several judges and had to hire ten lawyers, none of them were satisfactory.
The initial interview with Sardi is below.
You recently published two YouTube audio only interviews with Bill Sardi. It is unfortunate that you do not choose to investigate the credibility of your subjects prior to these airings. Had you bothered to do even a cursory check of the claims made by this man, you would have quickly distanced yourself.As a journalist, you should know that all you have is your reputation. You are apparently comfortable hiding behind a “he’s entitled to his opinion” posture. However, what Sardi failed to mention is that the delays and monies spent during this contentious divorce we’re primarily because of his conduct and refusal to follow court orders - not any wrong doing by any other party. Get the transcripts. Your need for ratings should not outweigh the need to make sure your interviews are honest and fair. If not, you’re not a journalist. There are many things that could be improved with the Los Angeles Court system in general. I agree with you on that 100%. And shining a light on this need could be an honorable pursuit. However, allowing people who have an ax to grind to continue to repeat their lies over and over is a poor representation of journalism.I would imagine you deal with a lot of sociopaths in your line of work. Perhaps if you think back over the years and the people you have allowed to, really, do no more than bitch about a bad deal they think they got, you will develop an eye for spotting sociopaths and people like Bill Sardi who think if they tell a story often enough it becomes the truth.I admit I have not looked at very much of your material. I fundamentally disagree with a lot of what you have to say.Or at least with the way you’ve chosen to say it. Providing a forum for people who just like to hear themselves talk, and think everything has to be about them takes away the good you can do by shining a light where it’s needed.I am not the important one in the story, I have a lot of first-hand information, but it’s not about me or how I feel. It’s about a boy who has spent the last eight years lied to and confused.I have no intention of taking this any further or carrying on this conversation in any manner. Just check your facts and be very sure that you are not just providing airtime to someone whose only relationships are with sycophants. And watch out for the sociopaths if you ever find one. They will cut your heart out if you cross them. And eventually, you will.
I noted to Stevens that I reached out to Sardi's ex-wife's lawyers with no response, to which she replied, "You recently published two YouTube audio only interviews with Bill Sardi. It is unfortunate that you do not choose to investigate the credibility of your subjects prior to these airings. Had you bothered to do even a cursory check of the claims made by this man, you would have quickly distanced yourself.
What Stevens did not say is that she is Sardi's ex-wife's "divorce director". His response is below.
Kathy Stevens is a former assistant district attorney (now physically disabled) and friend of the family who took it upon herself to coach my ex-wife how to navigate divorce and play tricks on the Petitioner (father), Stevens having been coached herself by a former divorce attorney to Hollywood stars she knew closely.Kathy Stevens is my ex-wife’s “divorce director” and is no impartial party to the matters of public interest at hand. Stevens falsely alleged in a prior declaration that I as father of our son "went into tirade about me not being welcome in his home.” That was not a tirade and because she was openly calling me a liar in front of my then 10-year old son. I asked her to leave our property if she was going to continue slandering me in front of our son. She refused to leave. There was no “spitting food on her” as she alleges.Ms. Stevens did interfere with our son’s math tutoring when she had no call or authority to do so, arguing over the methods our son’s math tutor was using to teach arithmetic, which was none of her business. The math tutor was the only tutor who had been able to get our dyslexic son to learn arithmetic. The Respondent (mother) argued over the selection of the math tutor because he was selected by the father. The Respondent (mother) sought to make all the tutors people she had selected. During that confrontation between Ms. Stevens and the math tutor, she misrepresented herself as our son’s “auntie.”The struggle over a laptop computer was simply that I had mistaken the laptop she was using as mine. Stevens called the police over that event, claiming she was assaulted. Officers dismissed her claims.Ms. Stevens, a spinster, says she had a “special bond” with our son and was caught kissing our son on the lips and cuddling up with him with total body contact on the couch while watching a movie in a dark living room as if she and my son were lovers. I had to lay the law down and tell her she needed to find her own boyfriend. She was doing this to intentionally provoke me to anger.Ms. Stevens makes no mention that our son’s mother had physically abused our son, twice running her fingernails down our son’s face, once beating him up when I was out of town on business, and finally twisting the nipple on his chest when he failed to follow her orders. That is what provoked the divorce, and she was unrepentant. Later in the divorce, Ms. Sardi put a black and blue mark on our son’s arm in a fit of anger, which a child counselor described as a “bad parenting moment.” Had I done any of these abusive things, I’m sure I would have been arrested and behind bars.There is a difference between having an “ax to grind” and airing an issue that many parties face in family court that parties entering divorce should be made aware of.Alluding to me as a “psychopath” when the definition of psychopath is “a person suffering from chronic mental disorder with abnormal or violent social behavior”, “mentally unstable, being egocentric and antisocial, with a lack of remorse for one’s actions” is not something anyone other than Ms. Stevens has ever alleged. I am a responsible, caring and judicious father of our son. I am a semi-public figure, consumer advocate and was generous enough to come to the aid of Ms. Stevens when she was in a crisis of her own. That is not something psychopaths do.Ms. Stevens has been a troublemaker during the divorce, using cuss words and uttering unsavory terms to describe me to our son. I consider Kathy Stevens comments slanderous.
Stevens made allegations against me as father of our child in a declaration submitted to the court.
Find that declaration here.
Post Script: Find the fundraiser for this series here.
Friday, November 5, 2021
On The Shannon Joy Show
Wednesday, November 3, 2021
Livestream
Wednesday, October 27, 2021
Livestream
Monday, October 25, 2021
Foster-Morales Off Controversial Case
Dori Foster-Morales, the high priced and high powered Miami area family law attorney, has asked to be removed from a controversial case.
I first discussed the divorce of Gabe Shapiro and his ex-wife Paty Alcanter in the summer. See the interview with Gabe below, starting at about forty minutes in.
Post Script
Please check out the previous parts of this Miami-Dade series: Part 1, Part 2, Part 3, Part 4, and Part 5.
Saturday, October 23, 2021
California Small Business Owner Says State Family Courts Don't Care About Children
A California man said his family court story- now in its eighth year- has taught him not to trust even his own lawyers.
"They {the system} don't care about your kids." Sardi said.
Find the full interview below.
Private court is a euphemism commonly used to describe the practice of hiring private judges to rule over a California court case. A private judge in California acts very much like a public judge and will rule over property and asset division, custody, and support issues.
There are a few distinct differences between public and private courts.
Minute Order 3.15.18 (1) by mikekvolpe on Scribd
Sardi then represented himself to try and overturn Treu's order.In general, and not specifically responsive to your inquiry about a particular individual, an attorney is bound by the ethical responsibilities outlined in the California Rules of Professional Conduct, and owe to each client a duty of loyalty and a duty of confidentiality. These duties define an attorney and their professional reputation; if an attorney were to violate those duties, in any way, and/or engage in actions that are contrary to their own client's interests (i.e. "work against" a client), from a legal standpoint, they would subject themselves to professional discipline from the California State Bar, and/or could subject themselves to disbarment. Neither myself personally, nor any attorney from our office have ever, nor would they ever engage in the types of behaviors that you have alleged in your correspondence. To take action or engage in any course of conduct that is contrary to a client's interests, in addition to being unethical, would be tantamount to professional suicide. While this office cannot respond further to your inquiry about any specific individual, certainly not without a signed written waiver authorizing that communication (as to do so would potentially violate the duty of loyalty and confidentiality referenced above), if you are truly interested in the objective facts alleged in any dissolution of marriage action, as well as the manner in which those facts were argued in court documents, as opposed to an individual's perception and/or their recollection thereof, you should take a look at the publically accessible court file.
Friday, October 22, 2021
Check Me Out on Surviving the Intimate
Thursday, October 21, 2021
Livestream
Wednesday, October 20, 2021
Schulz and Yankee's Divorce Makes Little Mention of Blackhall Studios
Today, both Claire Yankee and Martin James Schulz are claiming they are the mastermind behind the creation and growth of Blackhall Studio, but when they divorced, Blackhall Studio was barely mentioned.
Blackhall Studio was sold to a private equity fund for $120 million.
Both Yankee and Schulz have sued the Founder of Blackhall Studio, Ryan Millsap, claiming they are owed most of the proceeds of the sale.
Schulz has been involved in ongoing litigation with Millsap, even though his claim stems entirely from a purported verbal contract which he claims was hammered out in a coffee shop.
That has not stopped his attorney in this suit, Eric Taylor of Hunton, Andrews, Kurth LLP, from blaming Millsap for all the problems.
Millsap Timeline by mikekvolpe
That lawsuit recently went to arbitration and a final decision is expected soon.
Meanwhile, Yankee filed a suit of her own in September 2021, stating in part, "Unbeknownst to Ms. Yankee, Mr. Millsap and Mr. Schulz entered into a business agreement in December 2015 with the intention of stealing Ms. Yankee's business concepts and excluding her from potential profits."
But when Yankee and Schulz- who were married from 2011-2017- got divorced, Blackhall Studio was listed as another potential asset.
In one document, there was no value or ownership percentage listed.
Wednesday, October 13, 2021
Livestream
Wednesday, October 6, 2021
New Livestream
Tuesday, October 5, 2021
Anastasia Garcia Doesn't Like that Pesky Hearsay Rule
Anastasia Garcia, the Guardian Ad Litem for Gabe Shapiro, believes that hearsay should not apply to people in her profession. She even proposed the idea in a lawyer's journal.
Unshackling Guardians Ad Li... by mikekvolpe
"Commentators courts, and state legislators have reached an almost universal consensus recognizing the pivotal role played by Guardian ad Litem (GALs) in the administration of justice by protecting the vulnerable," Garcia begins in an essay from 2016.
Garcia, in the essay recognized the role of the hearsay rule but believed that GALs are so critical they should be exempt.
"The interests served by the hearsay rule, ensuring that inherently unreliable statements do not come into evidence, is critically important. However, this needs to be weighed against the necessity of the Guardian to bring to light for the Court, details of an investigation from collateral sources who are (sic) available to testify. This factor has been considered by some Courts."
She continues, "Moreover, in balancing these competing interests the fact that family cases are always heard by a Judge militates heavily in favor of admitting the GAL reports."
These GAL reports, produced by people like Garcia, are often a collection of interviews by people close to both the mother and father.
Often times, those interviewed for these reports have complained that their interviews were mischaracterized or otherwise twisted.
Chris Mackney is the subject of my book "Bullied to Death: Chris Mackney's Kafkaesque Divorce."
In that case, the custody evaluator, Stanton Samenow, who took on a similar role to a GAL claimed Mackney had no friends despite interviewing at least three of Mackney's friends. Mackney was in his 40s at time, and these friends, including Rich Ware, had been his friends since college.
But Garcia, like many court actors, has the full faith and confidence in the court.
"During a non-jury trial, it is presumed that the court is able to sift the wheat from the chaff and select only the legal evidence." Garcia quotes from a court decision.
Indeed, Garcia, like this decision, believe that the reason for the hearsay rule is to protect the simpletons who normally make up a jury. Since judges, who Garcia thinks are much smarter than juries, preside over custody issues, they will be able to spot the good hearsay from the bad.
She continues, "There is a way to address concerns about admitting potentially 'unreliable' statements through Guardian reports. As the current GAL statute requires the filing of a Guardian report 20 days before a final hearing if the time required for the filing of a report is extended to lets say 60 days, any lingering concerns about unreliable statements unduly influencing the court's decision-making process can be conclusively laid to rest."
In other words, give the lawyers enough times and they can re-interview every witness and make sure to challenge all the unreliable statements. Except, this means the lawyers are spending all their time figuring out if the GAL report has improper hearsay statements, rather than making sure to prepare for the case.
Ms. Garcia and I have wildly differing philosophies on GALs; I think GALs should be eliminated, while she thinks they should be given even more power.
Please find the interview with Gabe Shapiro below. Starts at approximately 38 minutes.
Friday, October 1, 2021
Child on Brink of Living With Alleged Child Molester in Missouri
Melissa Hagemeier is facing an impossible choice.
I've featured Hagemeier's story several times before. She lost custody of her twins- she has other children- in November 2020, after a Guardian ad litem- Molly Murphy- accused her of parental alienation.
In the TRO, it states, "The Guardian ad Litem and the Court finds that the children will suffer immediate and irreparable harm as set forth in the Application in the absence of the Temporary Restraining Order."
Upon being forced to live with her father, Hagemeier's daughter disclosed that her father had been molesting her.
"He fucked me," the fourteen year old said referring to her father. "He literally put his dick inside of me."
"She then stated that she then lost her virginity but at least he wore a condom," the girl states in this portion, "{The girl} stated that she recalled that her night gown was pulled up and her underwear was pulled down. She disclosed that she had been laying on her back and her father crawled on top of her. {Her father} struck her in the left side of her face with his fist causing her to get dizzy. He then pushed her legs up pinning them against her chest when he put his penis into her vagina."
The Jefferson County- where dad lives- Sheriff's Office began investigating the claims, but that's when dad's attorney, Ryan Munro, and the GAL, Molly Murphy, sprung into action.
Munro and Murphy schemed and forced this girl to sit for a deposition, which often last for hours and force those being question to answer nearly every question asked.
At this deposition, Hagemeier told me, her daughter recanted the disclosures.
"They did depo my daughter who recanted, which clearly was setup. We knew she would recant based off the email my daughter sent back in March after a conversation with her father."
In that March conversation, Hagemeier told me, her daughter said her father told her if she recanted she would go back to living with her mom.
According to a recording, Hagemeier was despondent in her father's care.
Wednesday, September 29, 2021
Livestream
Thursday, September 23, 2021
Supreme Court Writ in Case Involving Family Bridges May Break 1st Amendment Ground
A writ which waits for US Supreme Court acceptance or denial seeks to challenge the near unfettered ability of judges in family law cases to gag litigants.
The writ filed by Richard Ducote, who has been involved in numerous high profile cases, cannot even identify his client by name, rather using SS, but says his client is not even allowed to say their own name publicly.
Petitioners Richard Ducote and Victoria McIntyre are attorneys representing Petitioner S.S., the mother of a now 14-year-old son, in a Pennsylvania child custody case. After S.S. lost custody to the father, Respondent S.B., and the ruling was affirmed on appeal, at S.B.’s urging the trial court issued a “gag order” against all three Petitioners forbidding them to: “speak publicly or communicate about this case including, but not limited to print and broadcast media, on-line or web-based communications, or inviting the public to view existing on-line or web-based publications”; and “direct or encourage third parties to speak publicly about this case including, but not limited to, print and broadcast media, on-line or web-based communications…”
The writ continues.
S.B.’s counsel sought a gag order on Petitioners, plus $200,000 in sanctions, and $10,000 for each future violation of the proposed order. No evidence whatsoever concerning the child was presented at the hearing which resulted in the gag order. It is important to note that Petitioners have never publicly stated F’s name or otherwise publicly identified him. On April 19, 2018, over S.S.’s strenuous constitutional objections, Judge Clark first signed an interim gag order preventing all parties and their counsel from publicly speaking or communicating about the case. App. 80a. However, on April 27, 2018, Judge Clark entered a final gag order prohibiting only S.S., Mr. Ducote, and Ms. McIntyre—and not S.B., his counsel, or S.S.’s former trial counsel who presented the child’s testimony—from speaking about this case in any manner:
Ducote's writ of ceteriorari is below.
5-19-2021 Final Cert Petition by mikekvolpe
In the writ, Ducote states that the unusual action, taken by Judge Kim Berkeley Clark, the President Judge of the Fifth Judicial District of Pennsylvania, was in response to an article in the Pittsburgh City Times and a press conference which followed. Ducote continues in the writ.
Petitioners, together with other professionals, parents, and a now grown child sharing common concerns and experiences, participated in a February 7, 2018, Pittsburgh press conference discussing child abuse victims and the courts’ failure to protect them.1 Mr. Ducote mentioned only S.S. by name, as a mother who lost custody of her un-named son, despite his testimony, to his un-named father.
Independent of the conference, on February 28, 2018, the PITTSBURGH CITY PAPER published Parental Inequity: Children’s Advocates Say Family Courts Unfairly Favor Fathers, Even When They’re the Abusers (App. 114a). The article, which included comments from a Pennsylvania legislator and a George Washington University law school professor, highlighted proposed legal reforms to address custody cases with abuse allegations. F’s graphic testimony was anonymously quoted to illustrate the alarming nature of this problem. App. 114a.
Ducote alleged that this case involved the cover-up of child molestation. Here is what SS's son allegedly said during a judge's questioning of the boy.
Well, sometimes he would lay on top of me. He would like pull my pajamas down. He had these like shorty shorts that he would go running in. They didn’t need underwear. Well, the first thing is that I was—I acted asleep, but I was really awake when it all happened. He would stick his penis in my butt crack. Into what I call my poop hole. He would do that many times. When under my body he would be squeezing my penis. Sometimes I get really angry with myself because I always say that I could have stopped him
The Pittsburgh City Paper article suggested that the bogus label of "parental alienation" was used as a response to the sexual molestation allegations, a common use for the parental alienation scheme.
"At the heart of the problems surrounding custody cases," the Pittsburgh City Paper article states, "is the concept of parental alienation syndrome....Ducote has worked on hundreds of cases and says abusive parents often claim parental alienation to refute abuse allegations. He says the child custody case he's currently working in is a clear example."
Family Bridges appears to be a part of the scheme to cover-up the abuse. According to an order in the case, Family Bridges was used for reunification, "Following the completion of the Family Bridges workshop, and before returning home with , Father shall take on a vacation of no less than five days in duration. The Court expects that will apply what he has learned during the Family Bridges workshop to improve their interactions with his Father during and following their vacation."
Family Bridges has received a great deal of scrutiny; Randy Rand, its principle, has problems with his license and many former children who have gone through the program say it destroyed their childhoods.
The Pennsylvania Supreme Court upheld the gag order. That opinion is below.
Penn Supreme Court Opinion on Gag Order by mikekvolpe on Scribd
Appellants contend that the Superior Court’s affirmance of the gag order violates their constitutional rights to free speech as the order constitutes “freewheeling censorship” that prohibits them indefinitely from speaking about the case in any manner, while imposing no restrictions on Father’s speech. Brief for Appellants at 9. Categorizing the gag order as both a content-based restriction and a prior restraint on speech, Appellants posit that the heightened constitutional standard of strict scrutiny must apply. They maintain that because there is no compelling state interest supporting the imposition of an indefinite and total restraint upon their speech, the gag order cannot stand.
Relating to the claim that the gag order constitutes a content-based restriction on speech, Appellants’ position begins with the premise that content-based restrictions require the government to satisfy the strict scrutiny standard to pass constitutional muster. Brief for Appellant at 10 (citing Turner Broad. Sys. Inc. v. F.C.C., 512 U.S. 622, 642 (1994) (internal citation omitted) (holding that “[o]ur precedents thus apply the most exacting scrutiny to regulations that suppress, disadvantage, or impose differential burdens upon speech because of its content”)). They contend that the gag order’s plain language constitutes a total prohibition against speaking publicly about the custody case in any manner, not only in a manner that identifies Child, as held by the Superior Court.
In support of this contention, Appellants rely exclusively upon the following sentence in the order: “It is hereby ORDERED that [Mother]; Richard Ducote, Esquire; and Victoria McIntyre, Esquire shall NOT speak publicly or communicate about this case including, but not limited to, print and broadcast media, on-line or web-based communications, or inviting the public to view existing on-line or web-based publications.” Trial Court Order, 4/27/2018, at 1. Ignoring the remaining text of the gag order, Appellants view the speech restriction as constituting a total ban on speech of a particular topic, i.e., Child’s custody proceeding, which, they argue, renders the regulation of speech content based.
The US Supreme Court will decide later this month if it will accept the case.
Post Script:
Find the previous Family Bridges story here and go to the fundraiser.
Wednesday, September 22, 2021
Newest Livestream
On Action Radio Talking Miami-Dade and 1st Amendment Violations
Wednesday, September 15, 2021
Livestream
Child Support Paints a New Layer in Curious Lawsuit
Martin James Schulz, the man at the center of a curious lawsuit based on a purported oral agreement, has at least two child support matters where this lawsuit was not disclosed.
Schulz is currently suing Ryan Millsap, who sold the movie studio Blackhall Studios to a hedge fund for over $100 million.
Schulz claims that he and Millsap have an oral agreement which entitles him to most of the proceeds of the sale.
According to the child support documents, Schulz has come a long way to being a principle in a nine figure deal.
In 2012, Schulz settled a child support matter with his ex Martha; in it, he claimed to have made $4,948 per month and was ordered to pay $917 per month.
Claire Yankee Et Al. v. M. ... by mikekvolpe
In 2017, Schulz pled guilty to stalking Yankee. That is below.18SC157086_Guilty Plea Tran... by mikekvolpe
I reached out to the two attorneys, Greg Godsey and Steve McConnell, but I did not receive a response back.
Schulz lawsuit against Millsap goes to a three judge panel later in September. The three judges who will hear the arbitration are: Judge NS "Ken" Kendrick, Judge Edward Krugman, and Judge Randy Rich.
Post Script
Check out Part one, Part two, and Part three of this series.