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.
Here are the background documents on this show. Below is the docket for one of the trusts. Note that on November 1, 2017, there is an entry for "Petition for disbursement/release of funds."
On the first page, who is the petitioner, David Rucki.
Below is a photo of the other trust. Of note is that it says FBO, or for the beneficiary of, Sandra Grazzini-Rucki. All the money 1636.28 shares have been withdrawn, but as Ms. Grazzini-Rucki notes in the interview, she's received none of it. Where did it go?
Some of a few of the many exhibits Hathaway presented for supporting arguments for lack of Subject-matter jurisdiction include:1) Their marital home was in New Hampshire. Hathaway never lived in Oklahoma, and XXX (referring to Hathaway’s estranged husband) wasn’t living in Tulsa County. XXXswore their marital home as his legal residence when he applied for a P.O. box, 2) XXX obtained a New Hampshire’s driver’s license on June 27th 2014- just weeks before filing- where he swore that he lived in New Hampshire, 3) Their marriage certificate listed New Hampshire as their legal address 4) Confirmation from the US Postal Service (USPS) that XXX permanently changed his home address from Tulsa to New Hampshire 5) dozens of resumes which XXX sent to potential employers where his return address was New Hampshire 6) While Hathaway examined XXX for her motion to vacate the suit due to lack of jurisdiction, he admitted that he did not have a residence or stay anywhere in Tulsa County during the time period required to claim Subject-matter jurisdiction. Clearly, he relied on his insiders to take care of things.
Miller, during an argument with XXX’s attorney, even threw Hathaway a bone, saying, “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.”
Judge Miller noted that Subject-matter jurisdiction came down to, “was the petitioner a resident of Oklahoma for six months prior to filing the petition?”
When XXX testified, he insisted that he was domiciled- or had a residence in-Oklahoma at the time he filed his petition in June 2014, but when asked to provide his address, he responded, “I did not have a formal address in Tulsa.”
He even repeated this assertion when Miller asked him the same question minutes later.
JUDICIAL ESTOPPEL
Just as XXX knew he could rely on Hughes and Hastings, lawyers on XXX’s behalf, Hughes knew they could rely on Miller to make it all work. All they needed was something with the veneer of legitimacy: thinking Hathaway didn’t know better. Judicial Estoppel is a legal technicality 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 and her team argued because Hathaway had come to Oklahoma to challenge the lawsuit, this implicitly gave the state jurisdiction, except, as in this case,without Subject-matter jurisdiction, Judicial Estoppel is moot. They all know it.
Hathaway knew there was no Subject-matter jurisdiction, but couldn't prove it until discovered additional evidence that was rock solid. Knowing she could prove it, she motioned to vacate the suit in a county that by law cannot hear or rule over the matter.
Put another way, you aren’t allowed to go to New Hampshire’s Department of Motor Vehicle and swear you live there and turn around and tell a court in Oklahoma weeks later you live in that state, if all your evidence is a storage receipt.
By all rights, it was a slam dunk. No evidence was presented to overcome the lack of Subject-matter jurisdiction as the defense relied solely on Judicial Estoppel.
That’s fraud, and neither estoppel nor anything else can be achieved by fraud, unless your friends with facing the Orwellian Miller appointed by the upstanding Presiding Judge Linda Morrissey who ignored requests to review the gross negligence claimed in this matter in her court.
Miller denied Hathaway citing Subject-matter jurisdiction as the key to vacating the suit. Yet, The Hughes Team didn't use that defense! If they had, it was still a slam dunk.
Still, knowing Subject-matter jurisdiction overrides Judicial Estoppel (the defenses claim), Hathaway filed an emergency motion for reconsideration, arguing that Judicial Estoppel does not apply because subject matter was not established. This caused Miller to augment his rulings the next day in court.
“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,” the Orwellian Judge Miller stated at this hearing, “He was a resident based on the factual record presented.”
Factual Record information from Cornell University Law School Includes:
“In General. In an action tried on the facts without a jury or with an advisory jury, the court must find the facts specially and state its conclusions of law separately. The findings and conclusions may be stated on the record after the close of the evidence or may appear in an opinion or a memorandum of decision filed by the court.”
The “factual record” evidence consisted of a Tulsa storage unit receipt.
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If you can't believe this happened take listen to the audio below.
and take a look at the Judicial Complaint against Judge J Anthony Miller. Board of Judicial Complaints declined to take action.
Tim Kinley was first involved in family court with his own story, which involved religious liberty. He then started doing a weekly local television show called "Speechless Minnesota" and did several segments on Sandra Grazzini-Rucki's story.
More details on the Grazzini-Rucki case are below.
Sandra Grazzini-Rucki talks about the Jamie Leigh Cramer case, a mom who is on the run and in hiding after being forced to hand her daughter over to her ex, Cory Rymal, who it's alleged molested their daughter.
More on the story here. '
(Corey Alan Rymal mugshot 1/16/2016, Beaufort County Sheriff’s Office. Charge: Disorderly Conduct. Source: http://southcarolina.arrests.org )
Note, Rymal claimed he was last arrested when he was 18 ten years ago. Listen for more details.
More details on the Grazzini-Rucki case are 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.
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