Federal Judge Directs Attorney General to Present Position on Parental Rights Case

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Title IV-D Incentive grants: The “Elephant in the Courtroom” now targeted in federal court case: Leon Koziol v Judge Gerald Popeo, New York Child Support Processing Center, et. al.

By Dr. Leon Koziol

Parenting Rights Institute

This past week, a federal judge directed attorneys defending my civil rights case to present their positions regarding an amended complaint drafted to meet federal court standards. The amended version was made necessary by the New York Attorney General who removed my case from state supreme court to federal court on August 29, 2019.

To be sure, this is a complex case but no small matter as a “shoot on sight” threat was made against me by a traffic cop claiming authority of a high alert support warrant. That alert was secretly crafted and unlawfully “leaked” to media according to a local sheriff. The threat was made to a driver of my vehicle on August 30, 2018, and it was eerily similar to the police murder of Walter Scott in South Carolina on April 4, 2015.

That murder was caught by a hidden by-stander using his i-phone, otherwise it would not have been believed. I addressed national media and a member of Congress at the Walter Scott funeral to shift attention from race relations to federal funding abuses under Title IV-D of the Social Security Act, 42 USC 651-669b. That Act incentivizes parental conflict, aggravates domestic violence and causes needless murder-suicides.

Walter Scott was shot dead in the back unarmed while fleeing a support warrant at a traffic stop. Fortunately I was not present in the vehicle when the “shoot on sight” threat was made to my driver three years later. In my amended complaint, I compare the abusive proceedings in retaliation for my whistle blowing activity to the show trials, death threats and child propaganda of Nazi Germany.

The fact that no judge to date has shown any concern for these draconian, Nazi style enforcement practices should make every good American very alarmed. It could be you or a loved one under attack tomorrow. I endured 12 years of persecution due to my exposure of this human rights crisis, one that now supports a conclusion that our government will kill for money, i.e. the Title IV-D scheme rewards family courts by the number and size of support orders they issue.

Here is the opening segment of my amended complaint:

     Leon R. Koziol, as and for his amended complaint, sets forth the following:

                     PRELIMINARY  STATEMENT

   1)  The United States Supreme Court has long declared that the right of parents to raise their children is the “oldest liberty interest protected by the Constitution.” This right is not lost or waived when two parents decide to raise their children in separated environments.

   2)  However, in the State of New York, this parenting right has been dismantled in countless ways through an antiquated system of custody, support and visitation processes that can permanently and needlessly separate parents from their children. For parents to legally divorce or separate, they must expose themselves to these unduly adversarial processes to a point of being forced out of their children’s lives. Parental rights are effectively terminated through overregulation and invasive conditions imposed on a substandard level of proof.

   3)  While our national government focuses on parent-child separations at our borders, wrongful separations among legal residents are occurring on a far greater scale. They are highly influenced by federal incentive (performance) grants which reward the states by the number and size of support orders issued. Under this scheme, parents are forced to name a “custodial parent” or war over that title for states to receive billions of dollars in aid for their court operations. This, in turn, creates a systemic bias among decision makers against the noncustodial parent.

   4)  In addition, a 12-court trial level structure has been erected, in part, to maximize these revenues. As this case will demonstrate, a parent could be forced to litigate in three separate trial courts at the same time with evidentiary fictions that expedite support orders in violation of basic due process. The state’s top jurists have condemned this structure with a former chief judge depicting it as “absurdly complex… difficult to understand, hard to navigate and a burden to administer.” The state’s bar association has repeatedly issued reports calling for major overhauls.

   5)  The U.S. Supreme Court has also declared that the right to exercise free speech is more than public expression, it is a right of self-governance critical to any free society and it deserves special protection by our judicial branch. Despite practices to the contrary, that protection is not limited to speech directed at our executive and legislative branches.

   6) Against this backdrop, plaintiff, an attorney and parent victimized by this system, set out in 2008 to reform it through community forums, lobbying initiatives, news conferences, public protests, editorials, website postings and formal complaints. With each event, there arose a corresponding act of retaliation continuing to the present day. Over time, it resulted in the loss of plaintiff’s livelihood, licenses, law practice, motor vehicles, bank accounts, established credit, personal health and precious daughters, among many other liberties, without any criminal charge, moving violation, child protection report, malpractice or evenly applied ethics violation.

   7)  For example, before the Moreland Commission on Public Corruption in 2013, plaintiff reported judges who fictionalized college degrees to inflate his support obligations for punitive incarceration purposes. Only weeks later, plaintiff lost all meaningful contact with his two daughters based on such concoctions as a “prohibited alcohol related gesture” (wedding toast) when no unfit parenting could be proven. The retaliation has escalated to the extreme now where plaintiff is prohibited from contact at school events under penalty of criminal contempt.

   8)  Plaintiff’s website continues to feature the Moreland testimony and reports to various commissions regarding judicial misconduct. In 2016, Family Judge Daniel King issued a gag order disguised as a protection order on this website. It was removed only after a show cause order was signed against him by a state supreme court judge. Judge King then dismissed the tactical family offense petition on his own motion and recused himself without explanation.

   9)  Plaintiff’s pro bono efforts were consistent with ethical duties to improve our judiciary, but he was targeted by system beneficiaries to the extreme of a “shoot on sight” threat by a traffic cop purporting to enforce an unlawful child support warrant in 2018. It mirrored the police murder of Walter Scott three years earlier in South Carolina, leading the public to conclude that our government is now killing for money. Like Nazi practices in the day, plaintiff was subjected to show trials, death threats and propaganda which exploits the child for money.

   10)  Unlike other types of whistle blowers, attorneys who expose corruption in their profession have no legal protection. They are isolated in a way that impedes genuine reform and accountability. This action seeks precedent, declaratory relief and compensation for a level of persecution over a twelve-year period that “shocks the conscience.” When addressing the totality of structural, financial, systemic and retaliation flaws with a permanent loss of children and an ultimate death warrant, that standard is easily satisfied by the extraordinary facts of this case.

                    JURISDICTION  AND  VENUE

   11)  This court has jurisdiction over this action pursuant to 28 USC 1331, 1343 and 1441. It is authorized by 42 USC 1983. A private right of action is inferred under 42 USC 669b.

   12) Venue is proper under 28 USC 1391(b) because all parties are in the Northern District of New York, and the events giving rise to this action occurred here.

   13)  This action is also brought pursuant to the Title IV-D scheme, more particularly 42 USC 651-669b. Under the latter provision, federal funds are earmarked to assist noncustodial parents to improve child access and mediate disputes. No such programs were provided here.

   14)  Supplemental jurisdiction over state law claims is authorized by 28 USC 1367.

THE REST OF THIS 26-PAGE AMENDED COMPLAINT WILL BE SOON MADE AVAILABLE ON THIS SITE. PLEASE NOTE THAT THIS LITIGATION MAY SET OVERDUE PRECEDENT HELPFUL TO VICTIMIZED PARENTS ACROSS THE COUNTRY. IT IS BEING OPPOSED BY BIG MONEY INTERESTS. WE NEED YOUR FINANCIAL AND SOCIAL MEDIA SUPPORT TO BRING CONSTITUTIONAL PROTECTION BACK TO THE PEOPLE. KINDLY DONATE TO THIS CAUSE FOR THE SAKE OF YOUR OWN FAMILIES.

TO THE EXTENT WE CAN TAKE CALLS REGARDING THIS EXTRAORDINARY CASE, OUR PRI OFFICE NUMBER IS (315) 380-3420.

Join the campaign to remove “Scary Gerry” Popeo from Utica City Court

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“I would love to come off this bench and wipe that smirk off your face!” Judge Gerald Popeo to a litigant in his courtroom

By Dr. Leon Koziol

Parenting Rights Institute

As they say, every dirty dog has his day. You can abuse judicial office and get away with it for a long time. But the day will come when you will be held accountable, and what a sweet day that will be for the victims.

That day for Judge Gerald Popeo has arrived. And like so many who ganged up on me (we’ll just call them junk yard dogs), justice will finally be served when he is removed from the bench by a stellar candidate who announced his campaign to seek Gerry’s judgeship in 2020.

Oneida County Assistant District Attorney Joe Saba announced that he will seek the judgeship for City Court of Utica, New York this week.  Scary Gerry has not yet announced and was no doubt hoping to be unopposed. But like another member of the “Get Leon” clan, Judge Mike Daley, I am predicting a sound defeat of incumbent Popeo should he decide to run.

After “Cowboy” Daley abused his judge assignment to my family court case in 2010, he could not get the support of his political party when he sought re-election shortly afterward. He could not even get support for his old job as Herkimer County DA. He was soundly defeated by another assistant district attorney.

Judge #42 has now replaced Popeo after all his revenge work was completed against me. Assigned out of Syracuse, her name is “Martha Mulroy” who simply joined the junk yard team by denying everything I requested, even simple phone contact which life term prisoners get. That is how deep the venom runs after all the corruption I exposed.

I have never been charged with a crime, reported for abuse or found to be an unfit parent. I am the victim of a so-called “custodial parent” (Kelly Hawse-Koziol) who abused her own title through brainwashing and severe parental alienation to get a millionaire father replacement. She failed in at least two of her scams and is now working on her third victim according to an anonymous letter received last month.

It may be too late to save my father-daughter relationships, but hopefully I might get major compensation and precedent to benefit others in my state supreme court case which was recently moved to federal court by the New York Attorney General. Scary Gerry is now the lead defendant named in that action after the State of New York was necessarily dropped due to 11th Amendment sovereign immunity.

I will now recruit voters in the city which I once served as an elected councilman and corporation counsel. Mr. Saba saved me a full page dedicated to seeking candidates to run against Popeo. It should not be difficult to remove Gerry after that Public Censure he got from the New York Commission on Judicial Conduct (issued on February 12, 2015).

In that decision, you will find how Gerry was found guilty of making racial jokes to an African-American attorney in city court. He was censured for a threat to do violence to a litigant by threatening to come off the bench to “wipe a smirk off (his) face.” He could not lie about that one, like he denied the racial misconduct, because his threats were recorded by a court stenographer. Now let’s face it, that is one DUMB  judge.

Scary Gerry was also punished for throwing guys in jail in violation of their due process rights whenever someone rubbed him the wrong way. Now that’s EGO MANIA on steroids! Come on Gerry, this isn’t a street fight. You have the protection of court security, and you gotta wonder who they would restrain if Gerry did come off the bench to wipe out smirks. They would certainly not be necessary if he attempted that on me.

There were so many cases of wrongdoing that you gotta wonder how Gerry was allowed to remain on the bench at all. This is the same guy who bellied up to me at a local bar in 2017 to accuse me of involvement in the “witch hunt” against him. I now wish I was involved but informed him truthfully that I was not. Evidently paranoid for some irrational reason, he did not buy it.

Somehow he got himself assigned to my family court case six months later. Now, all else aside, you gotta ask yourself a common sense question: what is a racist, violent and egotistical judge doing in family court which features domestic violence cases and sensitive family matters? He was obviously appointed to even the score for his paranoid suspicions. That alone is a serious violation of the Judicial Code of Ethics.

Judge Gerry then orchestrated a support violation warrant which got out of control when a traffic cop claimed that he could “shoot on site” because somehow that warrant was secretly modified into high alert status. All of this is now the subject of my federal case. Yeah, as I stated, every dirty dog has his day. You can’t change the spots on a leopard, but you can change a scary situation by voting a dog out of office.

If you would like to help the movement to throw “Scary Gerry” off the bench, call our office at (315) 380-3420

Legislator will crusade against domestic violence after her arrest for assaulting millionaire husband

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A front page story in the November 19, 2019 edition of the Syracuse Post Standard features a county legislator and former broadcaster, Julie Abbott-Kenan. She was arrested for assaulting her millionaire husband and taking a baseball bat to his 2019 Chevy Silverado. After posting bail,  Julie will now lead the charge against domestic violence. You go girl!

By Dr. Leon Koziol

Parenting Rights Institute

In our last post we featured a recent anonymous letter advising me that my ex-wife, Kelly Hawse-Koziol, was parading a millionaire, Lou Usherwood, around town as the father of my two teen girls. I also related how Kelly Hawse assaulted me at an upscale restaurant in Newport, Rhode Island prior to our marriage.

Although the attack was witnessed by many, I did not press criminal charges. I simply got up from our table and left for Utica. Kelly jumped in my car and refused to exit even though her father lived nearby. Eight hours later, I locked her out of my home because such violence would form no part of a future family together.

After her relentless pleas on my front porch, I unlocked my dumb bolt and the rest is history (she had her own car parked outside and a nearby apartment). It was an act of forgiveness which made my daughters possible. While I would never have it any other way that fateful night, the price I ultimately paid is everything short of premature death.

Today Kelly Hawse presses on like a wind-up doll with her crusade to end all father-daughter contact. She does not know about other letters and communications which show that I may have protected her in the same manner as I did a former president of our local bar association. My ability to avoid child support jail was as fateful as my decision in the summer of ’99.

Now comes a paradox story for the ages. As we have said on this site time and again, you “just can’t make this stuff up.”

Steve Kenan is not just a millionaire, he is probably filthy rich. The son of Pyramid Companies founder, Bruce Kenan, the owner of Destiny Mall, he provided his wife, Julie, and their four children a 3,600 square foot waterfront home.

His major mistake was a failure to end his marriage sooner as I fortunately did. He filed for divorce in August, 2019, but his wife had other plans. Three months later, she engaged in a series of  violent acts. They were anything but a “lapse in judgment” as Julie now rationalizes.

First, Julie hit her husband in the face knocking his glasses to the ground. Then she picked them up and crushed them with her hands. Like an enraged, dumb-ass, unconcerned about the publicity this would cause her four children, husband and county legislature, she made the call to 9-1-1.

Obviously, as a domestic violence crusader, she followed the feminist handbook of making the first call. But when police arrived, the couple agreed to sleep in separate quarters with the injured party sleeping in an apartment above the garage. No arrests were made.

Now you would think that this would have ended it all. But knowing her gender favoritism, Julie returned hours later with a baseball bat and began smashing in the windshield to her husband’s new Chevy Silverado. She did so in full view of the garage apartment window.

Now this is about as calculated as it gets. Wisely Steve watched until Julie finished her tirade on the inanimate object. When he was able to assess the damage outside, Julie continued to provoke him with profanities from her own bedroom window.

This is when Steve was forced to call police. After all, they had four children, and mom was clearly not going to stop her crusade of provocations until she could succeed in causing the male victim to engage her physically.

Against this horrific backdrop, Julie Abbott-Kenan now announces to the media that “nothing matters more to (her) than protecting the welfare of (her) four children, who have already endured enough trauma in their young lives.” Were these her words or those of her criminal attorney?

Julie then went on to state that none of this would impact her duties on the county legislature which votes on matters of domestic violence. In that arena, sexist tactics have men on the defensive at all times. Let’s face it, if it was Steve arrested while holding such office, there would be petitions and protests for resignation.

I have made some difficult decisions in my life, in a modern day world getting more insane by the day. Kelly Hawse agreed to move out of our marital home which I financed and we both searched for a home for her to purchase. Indeed, until her millionaire scandals, we raised our children with few incidents.

Fortunately I was able to prevent the Kenan type harm to my daughters. And although they remain brainwashed by a father alienation crusader, hopefully they will one day realize how Julie and Kelly could easily have become one and the same.

Maybe I’ll send my girls the front porch video as a holiday or birthday gift.

Unlocking the “Dumb” Bolt to a Family Court Fiasco: Did this really happen?

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Anonymous letter received last week mailed to my home with a warning of things to come

 

By Dr. Leon Koziol

Parenting Rights Institute

Just when you thought it was safe to come out as a court corruption whistle blower, along comes an anonymous note in my mail this past week. Among other things, it read: “Your money hungry ex-wife is at it again. Parading Lou Usherwood (Usherwood Office Technology) around town and school events like he is the father of your children.”

Those of you following this site, http://www.leonkoziol.com, might help me analyze the peculiar mailing and understand what is really going on. Think of it as the television series “Forensic Files” or “Dateline.” You may have some vital information I need to know, or maybe you’ve had a similar experience with some psycho alienator, the truly bad parent targeting the good one to extinction with the help of a family court gestapo.

Over the past decade of reform work, I have come across countless bizarre stories in the twilight zone known as family court. Yet I remain confounded about my own. How could a model dad and stellar attorney for over two decades become so viciously targeted to result in his total alienation from his daughters, now 16 and 17 years of age?

How could I have been subjected to a “shoot on sight” threat during a traffic stop involving a driver of my vehicle en route to my location last year? It had all the scary trappings of the Walter Scott murder by a traffic cop in South Carolina. That dad was shot dead five times in the back unarmed while fleeing a child support warrant. In our last post, we posed the question: “Is our government now killing for money?”

My ordeal is the shocking precedent for a court which has morphed into the “star chambers” that our founding fathers set out to prevent in our Constitution. It features the kind of tactics Adolph Hitler championed using children as his pretense. It was a war which had my own dad surviving five years in a Nazi camp. How could he imagine what would await his own family when coming to this country so long ago?

How could anyone imagine a court which styles itself as “family” causing so many parents to war with one another until their money runs out, to deny the countless suicides caused by anal custody and support tactics? Where is the accountability from higher courts which defer to the domestic “specialization” which supposedly exists here, the misconduct commissions like those in New York and California which look into a mere 10 % of all complaints?

Strangely, this anonymous note could help answer such questions. A similar one was placed next to my garage door in 2005. It contained the same warnings about this “Lou Usherwood.” At the time, Kelly Hawse-Koziol was still looking to reconcile after agreeing to move out of the marital home. We still stayed with our girls on my boat at Lake George and spent holidays together. I looked into the Usherwood report and determined him to be a millionaire with no threat to my girls.

Less than a year later, along came Joe Flihan Jr. who, unlike Usherwood at the time was being “paraded around” as the father of my children. Kelly Hawse-Koziol, the state’s appointed “custodial parent,” offered in an October 25, 2006 phone call to give up child support if I would give up my fathering rights to this childless millionaire. That set off the escalating family court proceedings over the next 13 years.

Of the 20-plus trial jurists assigned to my originally uncontested divorce, not a single one raised a concern over this parent substitution scandal. Flihan removed Hawse-Koziol from his home in 2016. During her two year stay there, she had falsified a relocation notice, pretending to still reside in the home she has now returned to. Once again, family court gave this fraud no remedy. Was money the cause for it all?

During the time of my civil rights practice I literally saved lives, and since the time of my reform crusade I saved veterans and professionals from suicide. At least three would gladly testify to this. In one case, I saved the life of the president of our local bar association. He was caught cheating with a client’s wife who happened to be his law office secretary. It led to a hotly contested divorce.

Late one night that client came to my home to announce that he was finally going to end it with this adulterous attorney. He was inflamed by a divorce judge who refused to allow us to place that attorney on the witness stand (which was necessary at the time to win our case). His reason was to prevent reputational harm to the bar president. At least this judge expressed his intent which so many others fail to do while orchestrating similar illicit outcomes.

Rather than backing down, I challenged this judge. Indeed I won my first appeal against him right out of law school. My client was pleased with the risks I took but was left with the perception that the courts were sufficiently corrupt for him to take the law into his own hands. I knew his history, i.e. a gun fire exchanged during a Florida road rage. I knew exactly his intent but prevailed upon him to relent.

I was later thanked by both the bar president and former client. Nothing good would have come of this and sadly, that president died of natural causes when he collapsed on a courtroom floor years later at age 46. The practice of law can do that to you. Yet today I am being vilified by members of that same bar despite all the good I have done consistent with ethical duty.

Back to the Usherwood note and the title of this post.

In the summer of 1999, I was dining with my future bride, Kelly Hawse, at an upscale restaurant in Newport, Rhode Island. At one point, I mentioned that I was still friendly with an ex-fiancee, a relationship broken off four years earlier. Why is that so hard for some to accept? The next thing I knew, my lights practically went out when she punched me in the head. Any closer to my nose and she could have killed me.

Restaurant patrons were shocked. Had the genders been reversed, they would surely have tackled me. With a bruise on my head, I had sufficient cause to have Kelly arrested with a criminal record today. Instead, I got up quietly and left for my vehicle convinced beyond repair that there would be no marriage proposal. To my continued shock, Kelly jumped into the passenger side and refused to exit (fortunately I had paid the bill).

Over the next eight hours on the trip to her dad’s home across Narragansett Bay and back to my home in upstate New York, I was unable to convince this woman to leave my car. She was so incessant with her pleading that at one point along Route 91 near Springfield, I left her in my new red corvette with the car running to find a sanctuary from her endless nagging. Now it’s gotta be bad for a guy to do that.

Finally I got home with a plan long fixed in my mind. I ran from my vehicle parked next to hers and locked the dumb bolt to my enclosed front porch. She had her own apartment but sat down at my door crying. Concerned about how the commotion might be interpreted, I videotaped this scene from my window never expecting it would become relevant for the rest of my life.

After calming her down, I unlocked the “dumb” bolt and the rest is history. My daughters were born three and four years later.

So, against this backdrop, who was it that authored the anonymous letter in 2019, a concerned school employee, jealous lover or Kelly Hawse herself in a scheme to provoke another incident for family court purposes?

Are Family Courts now killing for money? Take a look at some scary facts.

Fatherhood was once a noble tradition which is now under severe attack. This is one of my favorite scenes from the hit comedy series “Married with Children.” Even though the characters poked constant fun at one another, everyone cheered whenever Al Bundy took action to protect his “little girl.”

Sadly my girls were taken from me without cause due to my reform efforts, and I am powerless to protect them from a corrupt family court system. It explains my passion and sacrifices in today’s post. They made the mistake of coming between daddy and his “little girl(s)” even if I am totally out-gunned in the fight.

By Dr. Leon Koziol

Parenting Rights Institute

For regular followers of this site, Leon Koziol.com, my horrific  ordeal as a judicial whistle blower is well known. As a highly qualified civil rights attorney with 23 unblemished years of practice, I set out in 2008 to reform an “absurdly complex” trial court structure through forums, news conferences, lobby initiatives, public protests, editorials, website postings and formal complaints, indeed the very essence of self-governance supposedly protected by our Constitution.

Our third branch of government is not immune from accountability for their violations of these rights, but when money is at stake, anything goes as I learned the hard way. I became an unwitting threat to a gold mine, a trillion dollar family court industry when adding lawyer fees, third party beneficiaries and billions of dollars in conflict incentives provided by our federal government under Title IV-D of the Social  Security Act.

This is an epidemic described in a report delivered to all members of Congress by parental rights advocates at our recent Parent March on Washington. It is one that has yet to receive any meaningful investigation or media coverage. Despite daily suicides caused by torturous processes that separate parents from their children, those at our borders are receiving far greater human rights attention.

If a person creates a dangerous condition such as drunk driving or a live electric cord in a swimming pool, he or she is held accountable for consequential deaths or injuries. The violator may not want to kill any person, but the outcome is predictable based on the condition that was intentionally or recklessly created.

Lawyers know this rule of liability all too well when they solicit and collect on personal injury cases. But somehow that knowledge incurs a disappearing act when they create a dangerous condition in divorce and family courts. They incite needless conflict in recurring fashion causing suicides, health impairments, child abandonment or murder in the most extreme cases.

Such cases are growing in number, but the profit motive, like with tobacco and drug companies, makes the victims expendable. I have spent more than ten years exposing this epidemic. As a consequence, I was targeted by the state and its agents resulting in the loss of my lifelong reputation, livelihood, various licenses, law practice, alternate employment, motor vehicles, bank accounts, established credit, personal health and precious daughters, among many other liberties. I was set up for premature death without any criminal charge, malpractice, moving violation, child protection report or evenly applied ethics violation.

But I never imagined I could also become subjected to a “shoot on sight” threat by a traffic cop. Any doubt that family courts today are killing for money can be removed by recalling the traffic cop in 2015 who shot an unarmed father five times in the back while fleeing a child support warrant. It occurred after a traffic stop in South Carolina and was caught on a phone video by a concealed by-stander. Otherwise it would not have been believed.

Both the white shooter and his black partner were later indicted, but the four children left behind will never see their dad again. All the money in the world is not worth such an outcome. Sadly, greed-infested lawyers in family court do not accept the consequences of their dangerous conditions. Therefore the carnage goes on without any reforms.

I attended Walter Scott’s funeral and addressed national media to shift the focus from racism to persecution, never imagining that I would become a near victim three years later. But the current dysfunctional nature of these courts is killing more than human lives, it is killing fatherhood, motherhood and family relationships that have existed since the beginning of humanity. The sensitive purpose of family court has morphed into a star chamber where a “winner take all” mentality is celebrated.

To deflect from all this, my adversaries also set out to kill the messenger of reform by discrediting me in every way possible, even committing crimes and fabrications along the way. But how can my message be so contemptible when the most learned authorities are supporting it? Again let’s look at some facts:

In her 1999 State of the Judiciary Address, former New York Chief Judge Judith Kaye declared the system of trial courts in New York State to be “absurdly complex… difficult to understand, hard to navigate and a burden to administer.”

Twenty years later, in a similar address, New York’s current Chief Judge Janet DiFiore made a more compelling condemnation of that trial structure in a call for constitutional reform even though one had been voted down in 2017. In her short tenure thus far, the state’s top jurist has initiated reforms which have brought no relief to those victimized by this structure.

On June 19, 2017, the New York State Bar Association issued a report supporting a constitutional convention based on an 11 trial court structure which it compared with our nation’s largest state of California having twice the population and a single trial court. The report chairman decried this Constitution as “a 52,500 word behemoth, filled with minutia and obsolete provisions, and even sections that the U.S. Supreme Court has declared unconstitutional.”

In 2009, this “absurdly complex” court system grew even more complex by legislative creation of “support magistrates.” In effect, this created a twelfth trial court functioning concurrently with supreme and family courts. Unlike judges of the latter, support magistrates are not elected or publicly vetted for their qualifications; they are screened and appointed administratively with only a three-year minimum of lawyer experience.

While states have been accorded wide latitude in establishing their judicial branches of government, they cannot do so in a manner which violates basic human rights. As relevant to my current federal court action, the court structure in New York has infringed too deeply upon these rights to due process, equal protection, free speech, privacy and a fundamental liberty interest in a parent-child relationship.

New York boasts a proud history of according greater constitutional protections for its people than the federal government under its counterpart Bill of Rights. However, under both constitutions, court reform efforts are not reserved to judges, the bar or their committees. They have been retained by all people. My ordeal is a shocking watershed case which brings substance to the very condemnations that our state’s top legal authorities have repeatedly made public.

Please share this post, donate to our cause on this site, or call our office at (315) 380-3420.

New Date Set For Parental Rights Case in Federal Court; Argument Submissions Can Educate Victims and their Attorneys.

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It is high time for our Supreme Court to address a human rights epidemic in our nation’s divorce and family courts. Pictured here: Dr. Koziol and associates at a news conference on the steps of the U.S. Supreme Court after a petition for writ was filed in 2016.

By Dr. Leon Koziol

Parenting Rights Institute

A federal judge has granted a request by the New York Attorney General to adjourn proceedings regarding my parental rights case from November 15, 2019 to next month. Also, lawyers for defendant Oneida County Sheriff Robert Maciol and a support investigator have filed motions set for December 20, 2019.

However, unless otherwise informed, there will be no public argument on that day. I received notice of this in the mail over the weekend and ask all interested followers to share this information to benefit those originally planning to attend this Friday.

Principally a constitutional rights case, I am seeking to invalidate a scheme of custody and child support provisions that are increasingly harming moms, dads and their children. These provisions enable draconian enforcement practices that routinely cause needless conflict and destroy parent-child relationships.

Parental alienation is asserted as a symptom of a dysfunctional family court system which brings lucrative benefits to third parties and billions of dollars in Title IV-D incentive funds to state collection agencies. Debtor prisons, bankruptcies and premature deaths are rising as a result of the mass suppression of a human rights epidemic fed by our own federal government.

USA Today featured an editorial in yesterday’s edition (Veterans Day) which called for programs to reduce the shocking number of suicides in our military (22 per day). True to form, it focused on PTSD and active military suicides with no mention of the divorce and family court crisis occuring when they come home.

For the past twelve years, I have assisted victims of this crisis. In one case, I prevented an Iraq war veteran from committing suicide as his preferred course of action over a jail cell for support debts. Those debts were caused by PTSD, unemployment and a family court lawyer who was failing his duties to this client.

In my Whistle blower report to Congress distributed to every member by parent advocates on May 2, 2019, I featured the suicide letter of Chris Mackey. The distribution was made on the second day (Lobby Day) of our 3-day Parent March on Washington. Those who participated can be proud to know that due notice of this crisis was served on our federal government.

Sadly, while remaining focused on parent-child separations at our borders and the 2016 elections, those members have made no effort to respond to the vital requests made in that report. They include a federal investigation of human rights violations, family court corruption and fraud through the use of federal funds.

Consequently when a $35,500 child support payment was not recognized in my support violation case in 2018, a clear fraud was exposed, one designed to cause a contempt sentence for non-payment and an increase in federal aid. With the added feature of a “shoot on sight threat,” it became necessary to seek protection in a higher court. That action led the New York Attorney General to move my case to federal court.

Whistle blowers like me have been persecuted beyond rhyme or reason for exposing this epidemic. Indeed lawyers have committed crimes during their witch hunt against me in retaliation for my exercise of First Amendment and due process rights which are at the core of this litigation.

For example, three ethics lawyers were allowed to resign without any charges despite being caught falsifying their time sheets. My custody judge was permanently removed from the bench after admitting to sexual abuse of his handicapped, five-year old niece (ex-New York “Family” Judge Bryan Hedges).

Like prior federal litigation, after a 23-year stellar record as a civil rights lawyer, the motions now filed by the attorney general and county lawyers omit key precedent from their written arguments for dismissal. They include the Second Circuit ruling in NAACP v Merrill (September 10, 2019) and Third Circuit decision in Malhan v Sec. of State, N. J. Attorney General, et. al. (marked “precedential” on September 18, 2019).

Read together, both cases have curtailed Eleventh Amendment immunity, Rooker-Feldman doctrine and Younger Abstention practices. Such practices have been used by federal courts to keep aggrieved family court victims from having their federal rights heard in a federal court. The very reason for existence of these courts is to safeguard our constitutional rights.

In my recent 24-page brief opposing dismissal, I raised these and other crucial cases to benefit victims everywhere. That brief caused the attorney general to seek the adjournment for a more thorough reply. The various submissions by the lawyers in this case are available at my office or in the public court records.

As always, we rely on donations and purchases on this site and the Parenting Rights Institute to make this all possible. Kindly make your donation today or call our office at (315) 380-3420.

Independent Misconduct Commission being organized to counter official commission neglect of citizen complaints

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Dr. Leon Koziol at a whistle blower conference in Washington D.C. pictured here with the executive director and legal counsel of the Government Accountability Project (GAP).

By Dr. Leon Koziol

Parenting Rights Institute

If you are a regular follower of this site, you know that our Institute and fellow advocates of government accountability have remained unable to obtain the necessary investigations of judicial/lawyer misconduct and family law reform. It is a trillion dollar industry controlling our courts much like the tobacco, energy and drug companies control our elected officials.

But the time for surrender and depression is over, we get it now, the ones we entrusted to deliver “justice for all” have made it clear they could care less about our grievances. Just don’t acknowledge us, and the misconduct simply did not occur. But this neglect of our complaints will no longer be tolerated. A citizen occupied commission is being organized to act in place of the official ones dominated by lawyers and violators.

Dubbed the Independent Misconduct Commission, we are looking for conscientious citizens willing to serve on our board of directors. We are also looking for contributors, writers and researchers on a voluntary basis until sufficient donations and investments can be obtained. That means we need fundraisers as well. Meetings will be conducted by teleconference or Skype with assignments by electronic means and phone.

The idea here is to act as a substitute for the corrupted commissions and committees. We will monitor judicial commissions across the states and deliver counter-reports where required for a more appropriate penalty which we will share with that commission and media. For those complaints that are wrongfully neglected, we will issue our own “reprimands,” “public censures” and “removal recommendations.” Our ever expanding website (to be developed soon) will catalogue all our reports and shared over the internet.

The myth that widespread corruption in our courts is nonexistent may easily be debunked by citing major joint investigations such as Operation Greylord in Chicago. 17 judges, 48 lawyers, 10 deputy sheriffs, 8 policemen, 8 court officials and one elected official were indicted. Nearly all were convicted. The young lawyer secured by the FBI to gather evidence in that Operation was advised that he might never practice law as a result. I incurred that very punishment for my whistle blowing and reform activity, hence my resolve to make this independent commission a reality.

An independent citizen commission is further justified by recent reports such as those in New York and California showing that as little as 10 % of all complaints are even investigated by the official judicial commissions. Our third branch of government cannot immunize itself from accountability in this manner. The number of judges convicted in federal court of bribes, extortion, racketeering and fixing custody cases is unprecedented. That fact alone justifies checks and balancing of their self-regulated operation. To that end, a sampling of documented cases is now in order.

New York Chief Judge Sol Wachtler was sent to federal prison for secretly harassing his mistress and her daughter for a bribe. He directed paid court staff to harm the lawyer who was helping her expose him. In his book, After the Madness, Wachtler rationalized that judges are taught to think as gods. Contrary to that status, my custody judge was banned from the bench after admitting to sexual abuse of his handicapped, five-year old niece, In re Bryan Hedges, 20 NY3d 677 (2013).  Unlike priests and other sexual predators, that judge was never prosecuted criminally.

Brooklyn divorce judge, Gerald Garson, was also sent to federal prison after FBI agents proved that he had accepted a bribe to fix a custody case in favor of a father. He was released early after numerous Garson colleagues submitted good references. Now what does that say about setting an example and any genuine concern for fairness and justice? In upstate, New York, another judge tried the same thing in favor of a mother. New York Supreme Court Judge Thomas Spargo was convicted for seeking a $10,000 bribe. He needed it for lawyer fees to defend earlier misconduct charges.

In the “Kids for Cash” scandal, two Pennsylvania judges were sent to federal prison for accepting bribes from detention center contractors. 4,000 juvenile convictions had to be overturned by the state’s Supreme Court which had its own justices mired in scandals. One juvenile victim committed suicide, and his mom chastised these judges at their sentencing. one co-defendant judge ordered evaluations to be conducted by a relative who raked in over $1 million as a result.

A married Michigan judge, Wade McCree, presided over a child support case while getting the mom pregnant and putting an unknowing dad on a support monitor. He was removed from the bench, but the dad’s lawsuit was turned down by the U.S. Supreme Court due to judge immunity. Can it be that judge adultery in chambers with an active litigant is now a protected judicial act? What other “acts” are judge-immune?

In Watertown, New York, a state court judge, James McClusky, sentenced a school employee convicted of sexually abusing a 14 year old student to probation, no jail time, while good fathers are being sentenced to six month jail terms in the same court for failing to pay child support bills. Victim supporters collected over 70,000 signatures in a petition to remove McClusky, but months later, that judge remains on the bench and the state judicial conduct commission has taken no action.

Finally, we bring you a shocker from Utica, New York. City Judge Gerald Popeo was merely censured in 2015 by the same judicial commission despite a hearing judge who found that he had made racist jokes to an African-American attorney. Asked whether the attorney knew what downstate blacks called upstate blacks, Judge Popeo got no answer. He then stated, “country niggers.” He targeted a former African-American commissioner causing a suicide attempt in the city lock-up.

Gerald Popeo was found guilty of numerous ethics violations. He threatened to come off the bench to wipe a smirk off a litigant’s face. He jailed men for contempt in violation of their rights. And because he was never removed, Popeo was assigned to my family court matters in 2018 (as a city judge), resulting in a near fatal outcome. How is such violent, racist and unethical conduct appropriate for family court where domestic violence and debtor prisons are common? Popeo was brought up on complaints of racism and bias against this judicial whistle blower but, to date, nothing has come of it. With an independent commission, we would have countered the public censure with a report publicly demanding Popeo’s removal and disbarment.

Such egregious misconduct is not limited to state judges. In United States v Cossey, 632 F.3d 82 (2nd Cir. 2011), a federal judge issued a six-year sentence for a non-violent offense with the kind of omnipotence that would make anyone cringe. Judge Gary Sharpe announced a gene to explain criminal behavior, one that would be not be discovered for another fifty years: “It is a gene you were born with. And it’s not a gene you can get rid of,” he emphasized to the defendant while condemning the psychiatric profession for its own opinions that were “all over the board.”

Reversing this decision, a federal appeals court unanimously found that Sharpe’s brand of justice “seriously affected the fairness, integrity and public reputation of judicial proceedings.” In a rare move, it referred the case to another judge on remand. Such gross misconduct conflicted with the rationale for granting life tenure to federal jurists. Recourse is limited to the illusory process of impeachment where only one judge in our history was removed for non-criminal behavior.

This sort of “Hitleresque” mindset must be rooted out for the evil that it is with congressional hearings. In countless family court cases, records are falsified and misconduct is concealed or disregarded to protect judicial reputation. Judges are widely deemed to be beyond reproach. Tragedies have therefore resulted from oversight failures and a lack of criminal prosecutions involving human rights violations under federal law such as the ones cited above. Five cases highlight the horrific consequences to parents, families and law enforcement over the past decade: 

On September 28, 2009, police Investigator Joseph Longo was ordered to pay $1,800 in monthly child support. He answered the same day with a murder- suicide leaving four children without parents. Even the district attorney could not predict this. A $2 million recovery was based on a zone of danger created by city officials as opposed to family court, Pearce v Longo, 766 F. Supp. 2d 367 (2011) LaDuca, Rage built Longo to murder-suicide, Observer Dispatch, 12/30/09. 

On June 15, 2011, a father and war veteran, Thomas Ball, burned himself alive on the steps of a family court to protest years of abuse and separation from his children. It stemmed from a single incident of slapping his daughter, and he left behind a manifesto on how to firebomb courts. Even after such a horrific death, the ex-wife stubbornly defended herself by complaining that her children’s dad failed to comply with court counselling. This is how demented the process has become, see Mark Arsenault, Dad leaves clues to his desperation, Boston Globe, July 10, 2011. 

On April 4, 2015, Walter Scott, an unarmed father was shot dead five times in the back by a traffic cop while fleeing a support warrant. The shocking murder was videoed by a concealed bystander. Contrary to national hype focused on racism, the victim’s funeral pastor blamed it on draconian child support confinements. Many concluded that the state was now killing for money given the revolving door outcomes. In vain, two reporters warned of this trend, see Robles and Dewan, Skip child support. Go to jail. Lose job. Repeat. New York Times, 4/15/15 at pg. 1.       

On July 30, 2018, a physical therapist with a practice in Manhattan fatally shot his ex-wife, their 6-year old son and current wife in his Astoria (Queens) home. It became the final edict in a protracted custody battle fueled by judicial war games. After a failed Go-Fund-Me effort to pay his lawyer fees, in a page titled “Child Kidnapping,” the abused dad, James Shield, explained, “I had the perfect life a few years ago but it has spiraled out of control,” Moore, Musemeci and Sheehy, Custody battle led dad to family murder suicide, New York Post, July 31, 2018.

And so the carnage continues, this time in Philadelphia where a mother showed her dissatisfaction during a domestic dispute over child support by purchasing a gun and killing the father and their two infant children the next day. It occurred on October 15, 2019 and the mother, Damyrra Jones, survived her suicide attempt only to be arrested on multiple counts of murder.

Less transparent are the countless cases swarming beneath these five which can easily explode. Their cause is wrongfully blamed on the parents. The public is duped into believing that an adversarial process yields truth and justice in our courts. That may be true in other forms of litigation, but when children are taken hostage by untethered lawyers, the opposite is true here. Parents commit perjury on an artificial premise that they are protecting their offspring. Sparks convert to forest fires, children emulate the dysfunction, and the perpetrators profit.

If you would like to do something meaningful about this growing, silent epidemic, support our Independent Misconduct Commission. Make government accountability real from the people who entrusted our government officials with the greatest of duties. E-mail me personally at leonkozioljd@gmail.com or call our PRI office at (315) 380-3420.