Buy My Book Here

Fox News Ticker

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"

Showing posts with label virginia. Show all posts
Showing posts with label virginia. Show all posts

Thursday, June 14, 2018

Dalton Facing Jail for 4 Emails


The persecution of Natalia Dalton continues.

As I recently documented on American Legal News, Dalton had a son born with her ex-boyfriend, Julio LoCayo in 2008.

For the first six years, Natalia Dalton had physical custody of their son and the ex-couple only appeared in court once to argue.

Custody was switched in April 2014- in what was supposed to be a routine status conference- after LoCayo’s lawyers filed an emergency motion claiming Dalton had come to school barefoot and custody needed to be switched as a result.

Since 2014, when custody was switched, they have appeared a hundred times and more, almost always initiated by LoCayo, with LoCayo and his attorney going into court repeatedly to reduce and ultimately eliminate any time Dalton still has with her son.

It’s gotten so bad that the court is now entertaining a motion by LoCayo which would limit Dalton to four hours per month with her son which would be supervised, and she would pay for it. Dalton is ordered to pay $150 for each two hour session. 

Worse than that, Dalton faces up more than $40,000 in fees and penalties and 37 days in jail.
Approximately six months ago, after losing a series of so-called show cause motions- the court restricted Dalton’s access to her children by forbidding her from having any contact with any doctor about her son.

The court justified this stance by claiming that Dalton has brought forward a series of frivolous allegations against LoCayo.

After noticing a change in her son’s prescription, Dalton did contact her son’s doctor, who indeed noticed the prescription was being administered inaccurately, but since this still violated a court order, Dalton faces a new sanction and Alexandria (Virginia) Circuit Court Judge Lisa Kemler will consider a motion made by LoCayo’s attorney, Donnie Colton, to have Dalton sent to jail for as much as 37 days on June 15, 2018.

Colton and Kemler did not respond to emails for comment.

Enter Debra Bray

Debra Bray is an attorney in Virginia and on March 15, 2018, she was appointed as the new Guardian Ad Litem (GAL) on the custody matter.

Her findings since have helped the court continue to persecute Dalton.

For instance, in an affidavit submitted on May, 17, 2018, “This last year witnessed a reversal in the minor child’s behavior concurrent with mother unable to accept father as sole custodian.” Bray continued, “Mother has already involved the courts, CPS, and the police in allegations of physical abuse of the child and they were dismissed every time.”

Bray notes that the child first started exhibiting behavioral issues in late 2013, at almost the exact moment when Dalton said she noticed her son becoming more aggressive with visits to his father.

But Bray made an even more egregious statement in the affidavit: “The previous GAL has done a thorough investigation and found it (the allegations of abuse) to be without merit. The undersigned GAL (Bray) has met with the minor child privately while neither parent was present in the building and the child made no disclosures. I provided him every opportunity and even when discussing discipline and the home environment, the child did not convey concerns.”

Dalton said that Bray told her that was not Bray’s place to ask the child about abuse but rather the child would disclose if he wanted to.

Indeed, it is unclear how either Bray or the previous GAL to whom she gives so much credence, Isabel Kaldenbach, are in any way qualified to determine if abuse is real.

Kaldenbach, Dalton told me, downplayed the abuse in a previous hearing by saying it was in the past
Both are lawyers. Kaldenbach told me she was not trained in child abuse but in advocating for a child.

She was trained, she told me, by the Virginia Supreme Court, which would have no special training in spotting abuse either.

Bray did not respond to an email for comment.

LoCayo has been arrested several times, convicted of crimes more than once; Dalton provided photos, police reports, medical reports, her own testimony, and testimony of friends who witnessed his abusive nature to back up her allegations of abuse.

In one police report from 2013, LoCayo allegedly pushed her into an open-door frame before slamming the door in her face during an argument. She had bruises on her back and filed a police report immediately after the incident.

UPDATE: 

So-called Judge Lisa Kemler sentenced Natalia to five days in jail and did not fine her. 

Wednesday, June 13, 2018

Thursday, June 7, 2018

On FACEUS Talking About Natalia Dalton's Case

More on Natalia Dalton's case here. 

Natalia faces 37 days in jail and fines of nearly $50,000 for sending emails to make sure her son was medicated properly. Find out more at the podcast...

Monday, August 2, 2010

Virginia Passes One Hurdle Re: Health Care

A Federal judge gave the state of Virginia a small victory in its battle with the U.S. government.

The state of Virginia can continue its lawsuit to stop the nation's new health care law from taking effect, a federal judge ruled Monday.

U.S. District Court Judge Henry Hudson said he is allowing the suit against the U.S. government to proceed, saying no court has ever ruled on whether it's constitutional to require Americans to purchase a product.

"While this case raises a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulate -- and tax -- a citizen's decision not to participate in interstate commerce," Hudson wrote in a 32-page decision.

This is a long way from over. I won't predict the outcome but can someone explain why the Federal government is taking on so many of its states. It's absolutely amazing how many lawsuits that pit the Federal government of Barack Obama are currently ongoing in which the adversary is an individual state. Here's the statement from the White House.

Since the enactment of health reform legislation in March, several state Attorneys General have filed lawsuits challenging the constitutionality of the Affordable Care Act. Having failed in the legislative arena, opponents of reform are now turning to the courts in an attempt to overturn the work of the democratically elected branches of government. This is nothing new. We saw this with the Social Security Act, the Civil Rights Act, and the Voting Rights Act – constitutional challenges were brought to all three of these monumental pieces of legislation, and all of those challenges failed. So too will the challenge to health reform.


Couldn't you turn that statement around on the White House re: the Arizona immigration law?

Sunday, August 9, 2009

Point Counter Point Weekly Addresses

Not surprisingly, the President focused the majority of this week's address on health INSURANCE reform. It appears their new marketing strategy is to focus on the word insurance. The president, surprisingly, only spent about 30 seconds talking about the positive economic numbers. The jobs report came in much better than expected. That followed a better than expected 2nd quarter Gross Domestic Product number along with mostly better than expected earnings. The president said this is a sign that the worst is over and that we are on our way to recovery. He also made sure to mention that this is of little comfort to anyone who lost their job in July, and that's why he "won't rest until everyone in America that wants to find a job can".

He spent the other roughly five minutes talking about a health insurance utopia. In this utopia, everyone would be covered. All procedures, including check ups, would be covered. The co pay would be reasonable. No one could be dropped if they got sick or had a pre existing condition. Insurance companies wouldn't be able to dictate how much treatment an individual got in a year or a lifetime. In this utopia, "no one would go broke dealing with an illness". I understand that a lot of people go broke dealing with divorce as well and so hopefully the president can after creating this health insurance utopia can create a divorce utopia as well.

Ironically enough, the president's philosophy would only contribute to the skyrocketing health care costs. That's because one of the biggest problems now is too many "third party costs". In that, your insurance covers too much of your health care. In so doing, you stop acting like a health care consumer and gets all the tests and procedures without even asking. Insurance should be used to pay for things you can't afford yourself. Check ups are usually affordable and yet President Obama would have even those be covered. That's the equivalent of having an oil change covered by your car insurance. Can you imagine how expensive insurance and oil changes would be if those were covered?



Meanwhile, Bob McDonnell, candidate for Virginia Governor, was the speaker for the Republican response. McDonnell used the very same jobs report to bemoan the struggles of "American families and small businesses". McDonnell then railed against cap and trade. He talked about a packaging plant in Western Virginia that he visited. At that plant, the VP, Mark George, told him that the 1500 people that worked there would all have their jobs threatened if this legislation passed. McDonnell then extolled the virtues of conservatism: small government, less regulation, and lower taxes. He pushed back against the president's "nationalized health care" plan. McDonnell ended the video with agreement. He said he supported the president's goals of bringing more choice in education and merit pay.

Both addresses sounded an awful lot like a long campaign commercial. Both were short on detail, long on broad ideas, and full of carefully selected talking points.