Supreme Court expansion raised as a judicial access issue in the case of Koziol v King, Docket No. 16-512

Dr. Leon Koziol

Parenting Rights Institute

In 2016, a Florida doctor, New York lawyer, California dentist and Virginia engineer joined efforts at a news conference on the Supreme Court steps to announce a case docketed there by civil rights advocate Leon Koziol. It challenged the high court’s repeat denials of petitions filed by aggrieved parents who were wrongfully separated from their children in our nation’s divorce and family courts. It can be found on the Supreme Court website under docket no. 16-512.

The historical refusal to hear such cases led to an opening point seeking a declaratory ruling in support of the court’s expansion. It was based on Article III of the Constitution together with First and Fourteenth Amendment guarantees of judicial access and due process. The case was turned down on January 9, 2017. The greater history of this case features a horrific ordeal of a judicial whistleblower and civil rights attorney which reads like a John Grisham true story.

Like so many other publications here at Leon Koziol.com, our positions are repeatedly vindicated. It happened again today, five years after the Koziol v King case, when members of Congress announced a plan to expand the Supreme Court. Such expansion has also been advocated by Dr. Anthony Pappas, retired professor of St. John’s University, who has written reports on the subject. He was the Republican-endorsed candidate against Alexandria Ocasio-Cortez (AOC) in her first race for Congress. In a 6-1 Democrat voting district, Dr. Pappas was barely able to make the radar. However, he used his public platform to boldly challenge judicial immunity and widespread injustices in our nation’s domestic relations courts.

Site Administrator’s Note: The opening argument in Koziol v King is presented below. Note its startling relevance to current events. Also note, at the time of filing, a vacancy had the Supreme Court functioning with only eight members. For more information, contact Dr. Koziol, Director of the Parenting Rights Institute, at (315) 380-3420. You can also contact him directly at (315) 796-4000 or his e-mail at leonkoziol@gmail.com. Given the censorship we have endured over the years, we ask our many followers to share this post with media and interested parties.

Point One

In its present form, the Supreme Court has rendered itself inaccessible to petitioner and the vast majority of Americans through artificial barriers to federal court jurisdiction in violation of due process, its duties under Article III of the United States Constitution and genuine principles of federalism.

During the period when Marbury v Madison,  5 US 137 (1803), was issued, the Supreme Court had six members. The population of the United States was little more than 5 million, and global complexities were utterly unimaginable. Today with the politics being played over the Court and presidential campaigns, there are only two additional members despite a population of over 300 million.

There are some 10,000 petitions filed annually with this Court and about 100 that are granted, less than one percent of the total petitioners seeking proper relief under Article III of the Constitution.  Against this backdrop alone it can plainly be seen that our Supreme Court has been transformed from a constitutionally prescribed role to an elite tribunal inaccessible to all but the most fortunate of litigants. When petitioner’s last filing was considered, there were over 800 petitions reviewed by this Court’s eight members on the same conference day of September 26, 2016.

Three fathers’ rights cases were among them, all denied on the same day. It is ludicrous to expect the American people to believe that every judge read all 800 petitions with any meaningful comprehension. It is more plausible to conclude that the vast majority of these petitions were never even examined directly. The insult to the people served lies in the futility of their hard work, expense and good faith in the current petition process particularly with the rigid rules for production, filing and standards for consideration.

In order to limit the unmanageable influx of meritorious petitions, this Court has had to erect artificial barriers to exclude a statistical 99% or more of petitioners and potential filers who neglect to seek recourse on futility grounds. They include such well known and formidable obstacles as Younger abstention, Rooker-Feldman doctrine, subject matter jurisdiction, judicial immunity, res judicata, collateral estoppel, waiver, pleading requisites, deference policies, factual insufficiency or excess, statutes of limitations and domestic relations exception.

If a pro se litigant lacks sufficient means to continue his or her pursuit of justice after relinquishing them to lawyers, they have a virtual zero probability of access to their nation’s high court…. (This case) is now ripe for a declaration of candid limitation … so that reform might be influenced. This was the approach taken by former chief justices of New York’s high court when they brought a hybrid mandamus-declaratory judgment action in their own lower courts for pay raises naming executive and legislative leaders as defendants, see Maron v Silver, 14 NY3d 230 (2010).

The relevant “Issues Presented” found on the third page of this filing reads as follows:

QUESTIONS PRESENTED

1) Has the Supreme Court rendered itself inaccessible to petitioner and the vast majority of our citizens in violation of due process and Article III of the Constitution?

2) Has the Supreme Court erected and ratified onerous obstacles to federal court jurisdiction for parents victimized in divorce and family courts contrary to due process, a fundamental liberty interest and genuine principles of federalism?

3) Has the Supreme Court encouraged or justified private remedies for law abiding citizens to vindicate their constitutional rights when its duties were abandoned here?

Hypocrisy, Corruption and Arrogance on Steroids: Will Andrew Cuomo change Empire State label to Cuomo Country?

Dr. Leon Koziol

Parenting rights advocate and former trial attorney

Media and political observers have been baffled by New York Governor Andrew Cuomo who continues to resist mounting calls for his resignation. The state he has governed for more than a decade is now facing unprecedented tax hikes, overregulation and mass exodus of industry, business and residents. Long known as the Empire State, New York once boasted the largest population in America. But in recent decades it has shrunk to number four beneath California, Texas and Florida with no end in sight.

So why is this governor who presided over so much of this decline hell bent on fighting everyone to stay in the Governor’s Mansion? If Andrew Cuomo truly believed in “I Love New York,” he would simply step down for the good of the state. To be sure, his sex scandals are sufficiently nauseating to induce vomit among mainstream families. This is not what Andrew’s dad meant by the “Family of New York” when he governed the state during the eighties.

Andrew loves to benefit posthumously from that dad, former Governor Mario Cuomo. He even renamed the new $4 billion Tappan Zee Bridge after his father in 2017. The costly highway signs for miles around could not come up fast enough. More recently, he sought ostensibly to give essential workers recognition under a measure he called “Matilda’s Law” after his mother. Now wouldn’t it have been more genuine to have it named after the Manhattan doctor who took her life under pressure during the height of the pandemic?

After all, tradition backs up those who see through the current governor’s hypocrisy, corruption and arrogance on steroids. For example, the former Griffiss Air Force Base upstate was named after the first pilot who lost his life in World War II. And what was wrong with the Tappan Zee bridge named after a Native-American tribe which once lived along its shores? Is Andrew Cuomo’s renowned fury directed at Donald Trump better explained by a preference to have a Cuomo face on Mount Rushmore?

The framers of our Constitution envisioned a nation where leaders were elected for limited terms in humble service to the people. Here in one of our original colonies, it’s anything but that. The state’s top leader loves to play the role of a tough guy from Queens, even comparing himself and Dr. Anthony Fauci to Robert DeNiro and Al Pacino at a December, 2020 public appearance. But when anyone else makes comparisons to the Godfather characters that made these movie stars famous, this so-called governor fumes ethnic discrimination.

Brother Chris also loves to play tough guy, but when his juvenile threat of throwing a heckler down the stairs is compared to Fredo Corleone, he fumes too. Andrew even went so far as to threaten to deck the president of the United States when Donald Trump made an identical comparison. And who gives a hoot that Andrew is now single? By announcing it as governor, and groping state employees at the mansion, he appears to be offering sex interviews on company time. What is going on in New York government today?

Should all of us now follow the lead by taking the law into our own hands? Will the Empire State label soon change to “Cuomo Country?” Such a country will include the lawless, the “expendable elderly” in nursing homes, falsified death reports to promote a book, a state worker required to sing Danny Boy for personal entertainment, and a state plane abused to play strip poker. Yes, Andrew has basked in all this absurdity, the kind once cited to remove President Trump from office, but how Karma comes around with the bizarre “Cuomo Conduct” we see today.

On Constitution Day, 2013, I was invited to testify before Andrew Cuomo’s Moreland Commission on Public Corruption. It was called a “dream team” of experts, lawyers and law enforcement recruited with great fanfare at taxpayer expense to reverse a “culture of corruption in Albany.” As a long time whistleblower and civil rights attorney, I was duly impressed with all this. Accordingly, I traveled to Manhattan to expose major corruption in our third branch of government. But like so many other “window dressing” commissions, this one was prematurely dissolved when presenters began implicating persons close to the governor.

Fortunately one of those presenters, federal prosecutor Preet Bharara, could see through the pathetic cover-up. He seized Commission files resulting in the conviction of the state’s top legislative leaders including a Cuomo aide depicted as an adopted Cuomo family member. Like “Teflon Don” of Godfather fame, the top dog Cuomo knew nothing of the corruption, did nothing wrong, and managed to escape similar liability. Did his Democrat friend in the White House have something to do with this? FYI: another Moreland presenter, federal prosecutor Loretta Lynch, was later promoted to U.S, Attorney General by President Barack Obama.

A self-loving politician as brazen as Andrew Cuomo has proven time again that he could care less about New York’s expendables, his sexual harassment victims, and those who sacrificed so much by testifying in good faith at his self-promoting commissions. If there is anything to be learned from the Cuomo legacy, it is that such victims expose misconduct at their peril. Retaliation will be severe and immediate. In my case, within months of my public testimony, I was punished with a loss of licensing privileges, child contact and hard-earned professional reputation. To date, all recourse has been viciously denied.

Welcome to Cuomo’s New York!

Putting a face on the parent alienator: meet Kelly Hawse-Koziol (Usherwood)

By Dr. Leon Koziol

Director, Parenting Rights Institute

Former Civil Rights Trial Attorney

Among my popular publications are those that shed light on this human rights tragedy known as parental alienation. It is the centerpiece of a nationwide epidemic promoted by greed, lawyer profits and billions of dollars in federal funds under Title IV-D of the Social Security Act. It is a gold mine for service providers, prescription drug companies and conflict predators of astounding variety, an underworld of corruption made possible by a rarely tested declaration that our domestic relations courts are acting in the so-called “best interests” of our children.

This epidemic is escalating by the day because government is failing us in its duty to safeguard our most cherished right of parenting, one that the Supreme Court has repeatedly declared to be the “oldest liberty interest protected by the Constitution,” Troxel v Granville, 530 US 57 (2000). It is failing us most horrifically by refusing to correct parental alienation which has become so silently widespread across America. Instead, more regard is given to illegals, criminals and child traffickers at our borders.

Consequently we must take a closer look at these domestic tribunals. They all seem legitimate with the decorum, perfunctory overtures, and lawyers cloaked in black robes pressing us to believe that our precious offspring are in good hands. As an alienation victim, I tested that blind trust resulting in one of my custody judges being permanently banned from the bench for sexual abuse of his handicapped, five year old niece, In re Bryan Hedges, 20 NY3d 677 (2013). Only last year another of my custody judges resigned for sexual harassment of his female clerks (Michael Hanuszczak).

Indeed, over a twelve year period of retaliation for the conscientious stand I took against my profession, more than 40 trial level jurists were removed or disqualified from my family litigation, a national record by most accounts. I did not ask for this record or so many parenting substitutes since an uncontested divorce was upended by court predators. Since 2004, they orchestrated a blood bath reminiscent of the Roman Coliseum.

After all, have you ever wondered why loving parents are forced to joust over a “custody” award or “visitation” schedule? Are not these terms more appropriate for prisons and funerals? And haven’t such archaic terms “outlived their usefulness” as a veteran judge long ago declared in the case of Webster v Ryan, 729 NYS2d 315 (Fam. Ct. Albany 2001) at fn. 1?

I did not ask for the years of daily persecution that ultimately led to my hospitalization four months ago. I did not ask for this simply to spend more time with my daughters. I did not ask for the alarming information disclosed to me anonymously and otherwise concerning my ex-wife bent on replacing me time and again with her preferred dads.

This hideous alienator, Kelly Hawse-Koziol, brings a face to this epidemic. Indeed she could become its poster parent, exemplifying the absurdity of taking a support and custody battle to an illogical extreme. After all, what did she gain by destroying the career of her children’s dad? She got the attention she craved, pleased the ones anxious to even the score for a lost case, but how did any of it benefit the girls who could have been so much better off today.

In my case, I was never given an out, constantly forced on the defensive to prove myself as the fit parent I always was. For example, through a series of family offense petitions, all thrown out for lack of evidence, and a malicious campaign for failing to give up my parenting rights, Hawse-Koziol (soon to be Hawse-Usherwood) brainwashed my girls into hating their biological father who made their existence possible.

I raised them without incident for the first ten years of their lives, sacrificed immensely to stay with them, provided over a quarter million dollars for their support, and showed them a wonderful time which would be the envy of most children. Yet today they seem content to reward me with silence, avoiding contact even while I was hospitalized during the Christmas holidays. I cannot imagine doing this to my own parents or to my ex if the shoe was on the other foot. It is a modern day evil which our courts are manufacturing daily.

Such is the face of severe parent alienation, and it warrants a federal investigation of human rights violations in addition to the rampant abuses of federal funds. It also warrants criminal prosecutions and jail time for contempt to balance the consequences that have long been applied to child support debtors. I mean, isn’t a parent-child relationship far more deserving of legal protection than money transfers that are so often abused for non-child related activity? Parental alienation also warrants a new form of lawsuit that compensates victims.

Those who join with the alienator should also be held accountable. Again, I did not ask for the reports from concerned observers that my ex-wife was at it again by soliciting a guy named Lou Usherwood to act as the father of my children. Indeed during a high school football game in 2019, her illicit agenda was confirmed when, accompanied by this latest substitute, she threatened me by text for talking to my cheerleader daughter without a proper court order.

This is “insanity on steroids” and it is becoming commonplace. But in my case it is laced with retaliation for the exercise of speech outside the courtroom and constitutional right of parenting free from excessive interference. I have never even been charged with child abuse or found guilty of unfit parenting. Yet convicted felons in prison get better “visitation” orders.

After exchanges with the ex designed to move on from this disaster last year, I took down all negative posts involving her. However, the alienator showed true colors again by continuing with her sick agenda. She is doing this despite all the precious time and advice lost between “daddy and his little girls” that can never be restored. It is an evil I have never seen before, even among some of the worst criminal defendants I have come across. Yet I continue to have no legal recourse against those who made her agenda possible due to judicial immunity.

In my 2017 book, Satan’s Docket, I document how a corrupt family court made all this possible. It is not only uniquely educational but it reveals an epic ordeal deserving of a long overdue documentary. To order a copy or respond personally to this post, feel free to contact me at our office at (315) 380-3420 or electronically at leonkoziol@gmail.com. Kindly help us overcome the censorship of this epidemic by making our vital message and this blog site viral.

Should our courts honor lawsuits to compensate victims of parental alienation?

By Dr. Leon Koziol

Director, Parenting Rights Institute

Former civil rights trial attorney

You can’t just run into court and expect a recovery simply because you were wronged by someone. It has to be a legal wrong to avoid dismissal. Legal wrongs accepted by the courts are generally known as a cause of action. Your facts or grievance must satisfy the elements of a cause of action to be actionable for an award of damages.

So, for example, there are causes of action for civil assault, fraud, conversion (civil theft) and breach of contract. Then there are what’s known as developing causes of action, gradually accepted by judicial rulings, which eventually become commonplace. One example is the tort of Intentional Infliction of Emotional Distress. The elements which typically must be satisfied are 1) an intentional act by the defendant 2) which is extreme or outrageous 3) and the direct cause of 4) severe emotional distress.

Over the years there have been variations of such torts in family courts such as custodial interference, but when it comes to the destruction of a non-custodial parent’s relationships with his or her children, the courts have yet to convert such a wrong into a legally recognized one. To give you an idea of how long this latter developing tort has been around, it was my 1983 assignment in the Illinois State Moot Court Competition while in law school.

There has been no progress in the four decades since because the remedies for such wrongs have remained limited to custody modifications. These limitations fail to compensate victims for the severe emotional harm caused by the outrageous conduct of the alienating parent. In addition there is no optional recovery against judges who fail to correct the injustices due to a judge-made doctrine known as judicial immunity. And because a lawyer accomplice (i.e. child attorney) has no legal relationship with the same victim, malpractice is also unavailable.

Parental alienation was offered as a psychological disorder by Dr. Richard Gardner in 1985. However, to this day, the psychiatric profession has failed to recognize it among the 300 or so disorders found in the DSM-5 manual (even though many of the established disorders combine to cause alienation). In my research and precedent-seeking litigation over the past twelve years I have argued that parental alienation is not so much a psychiatric disorder as it is a cause of action for damages against the alienating defendant regardless of his or her status.

Our courts have not adopted this logic because it would undermine the lucrative nature of custody and support battles in family court. Face it, a custody modification is only a partial remedy. Properly completed with a damage award, a new cause of action for parental alienation would further deter future misconduct by any would-be alienator. The elements of this new form of lawsuit can be an extension of those already established in the intentional tort context.

Given the history of parental alienation, elements such as outrageous conduct and severe distress cannot be disputed. These are common characteristics which a civilized society would want to have rectified with children as additional victims. And strictly from a legal standpoint, our Supreme Court has declared parenting rights to be the “oldest liberty interest” protected by the Constitution. This is why I attempted to obtain recovery under an optional cause of action established under our civil rights acts, most notably 42 USC section 1983.

Many victims have sought similar refuge by filing pro se actions under this section in federal court. Such actions are routinely dismissed in deference to state courts. In my case, retaliation set in early, resulting in an unprecedented number of persons and entities infringing on my “oldest liberty interest.” My actions against them fell victim to various immunities, abstention doctrines and jurisdictional technicalities as as result, see i.e. Parent v New York, 786 F. Supp. 2d 516 (NDNY 2011). This 45-page decision is all that one needs to confirm that federal courts have closed the doors to wrongs committed in any divorce or family court case.

A parental alienation cause of action was not recognized in the Parent case either as a tort or civil rights violation. As a result, instead of deterring misconduct, this decision only added fuel to the fire, emboldening my ex-wife (custodial parent) to escalate her outrageous conduct. With the support of biased judges, 40 of whom were removed or disqualified over a twelve year period, she created an impossible environment for me. Her hatred was so severe that I received no visit from them in more than six years. Shockingly I also received no phone contact during the holidays four months ago while hospitalized for a life-threatening condition.

That life-threatening condition was caused by the incessant persecution I sustained as a reformist and whistleblower, adding further justification for a parent alienation cause of action. Few could withstand the daily stress I endured for so many years simply to spend more time with my children. There was never even a report of child abuse and no finding of unfit parenting while all offense petitions of the alienating parent, Kelly Hawse-Koziol, were thrown out. Where was the accountability or justice for the true victim here? And should not the courts also allow a monetary recovery against a third party acting wrongly as a substitute parent? To be sure, convicted felons received more contact in prison than I did.

During my 23 years as an unblemished practicing attorney, I was able to get a restraining order on a $30 million high school project right out of law school, substantial recoveries and jury verdicts for victims of government abuse, a perfect record of acquittals for the wrongly accused, and a state supreme court order invalidating a billion dollar casino compact. see i.e. Patterson v City of Utica, 370 F.3d 322 (2nd Cir. 2004); Oneida Nation v Oneida County, 132 F. Supp. 2d 71 (NDNY 2000); Peterman v Pataki, 2004 NY Slip Op 51092(U); Koziol v Hanna, 107 F. Supp. 2d 170 (NDNY 2000); Currie v Kowalewski, 842 F. Supp. 57 (NDNY 1994).

Today I am unable to get a family court order for a phone call with my teen daughters. This demonstrates the extreme to which the system will go to preserve the family court goldmine. My case is much more than judicial retaliation but a series of human rights violations warranting a federal investigation. These violations are chronicled in my 2017 book, Satan’s Docket, with much more to come hopefully in the way of a documentary. Help me help you by donating to our cause and making this post viral.

Contact me, Parenting Rights Institute, at (315) 380-3420 or leonkoziol@gmail.com.

Government Accountability is a Fraud: Why should the people honor laws that lawmakers flaunt?

By Dr. Leon Koziol

Parenting Rights Institute

Is there any shame these days to the widespread misconduct of public officials? Is there any accountability for those who flaunt the law with impunity? We’re not talking about isolated indiscretions, but serious misconduct undetected for years, even decades. Former New York Governor Eliot Spitzer, Congressman Anthony Weiner, Wall Street regulator Bernie Madoff, Attorney General Eric Schneiderman and ex-California Congressman Duncan Hunter constitute a small list of disgraced officials who brazenly advanced themselves at public expense, a joint hypocrisy of epic proportion.

And now, topping this list, we find Andrew Cuomo engaged in a flurry of news releases to deflect from his growing scandals. From a sudden legalization of recreational marijuana to the relaxation of coronavirus restrictions, the current governor of New York is relying on an electorate that quickly forgets. This long abused practice flies in the face of government misconduct that should be held accountable to avert the lawlessness it incites elsewhere. The public message here is that if you bend the rules, by the time anyone catches up with it, a lavish life has already been fulfilled.

Yes, crime pays, and the message continues to be that the people served are idiots for honoring laws that apply differently to separated classes. Those in power abuse their authority to achieve a higher standard while those who make it all possible are remanded to a life of poverty, incarceration, suicide and meager employment. To maintain the upper class, various programs are announced to make it appear that these lawless politicians truly care about the rest of us struggling to make sense of our reality as a two class society. Any middle existence is an illusion of escalating proportion particularly with the impacts of the current pandemic.

On Constitution Day, 2013, I testified at Governor Andrew Cuomo’s Moreland Commission on Public Corruption, to warn of our current realities. This was yet another window dressing entity designed to fool the public into believing that there will be accountability for a “culture of corruption in Albany.” But the same governor who created this commission with great fanfare acted just as quickly to dissolve it when growing testimony implicated officials close to Cuomo himself. Not to be duped, one of those testimonials came from a federal prosecutor who seized commission files resulting in the convictions of both leaders of the state legislature and a top Cuomo aid.

For my part, as a qualified whistleblower in our third branch of government, I exposed a family court epidemic that was causing vast separations between parents and their children. How ironic and hypocritical it is today that much more attention is being given to criminals and illegals at our southern border. Is this equal justice for our tax paying citizenry or the promotion of corporate profits dependent on cheap labor, drug addictions and false advertising?

In my reports to Congress and Justice Department I explained how Title IV-D funding was creating a biased judiciary rewarded by the size and number of child support orders doled out in our nation’s domestic relations courts. Put another way, federal funding was being incentivized by the number of “custodial parents” needlessly manufactured to incite lucrative conflict in the so-called “best interests” of our children.

In support of a federal investigation, I even cited proof in my own case featuring over 40 trial level jurists removed over a twelve year period in a maliciously protracted divorce that caused irreversible parental alienation. This was anything but a process for advancing the best interests of my two precious daughters. And in the end, like most whistleblowers, I suffered severe retaliation to suppress judicial accountability. Attacked as the messenger of overdue reforms, I was targeted by these same jurists and their ethics agents. By destroying my credibility, the gold mine of service fees and federal money was further preserved.

That targeting was successful largely because the public is further duped to believe that judges are “beyond reproach” as members of that arbitrarily created elite class. Such argument was used by lawyers to attack my motions for removal of biased judges from my support and custody cases in Syracuse, New York. That was before some of them were removed from the family court bench for misconduct that was made public. They include Judge Bryan Hedges permanently banned from judicial office by New York’s high court for sexual misconduct on his handicapped, five year old niece and more recently, Judge Michael Hanuszczak, exposed for sexual harassment of female court clerks.

The growing number of judicial scandals should have all of us very concerned because this is where we expect justice to be dispensed. Examples cited in my reports include Brooklyn Judge Gerald Garson sent to federal prison after being convicted of seeking a bribe in favor of a father in a custody case, and Albany Judge Thomas Spargo for seeking a bribe in favor of a mother in a divorce case against a father-attorney.

Such judicial misconduct is nationwide in scope as demonstrated by the “Kids for Cash” scandal which landed two Pennsylvania judges in prison, and Michigan Judge Wade McCree who impregnated a mother while presiding over her child support case. The victimized father was unable to secure justice or compensation in federal court due to judicial immunity, sending the message that adultery in chambers is a protected judicial act.

Unfortunately my expert reports, lobbying excursions, and peacefully led marches in Washington yielded no reforms. Instead I was rewarded with human rights violations, indefinite suspension of licensing “privileges,” and near death experiences. Such are the consequences for whistleblowers in countries led by ruthless dictators, not one that professes democracy and social Justice. Yet those remain the consequences here in America for a civil rights attorney whose greatest crime was to seek more parenting time with his children and to expose corruption by self-jurists and politicians. My ordeal is now a looming documentary published in a recent book, Satan’s Docket.

This is not a “lone wolf” project but a representative undertaking for a disjointed mass of aggrieved parents from across the country hoping to achieve resurrection from their suffering at the hands of evil beings. It is not the message I was hoping to present on Easter Sunday 2021, but we can either join to achieve a better society or we can continue to surrender to one that is becoming more godless by the day.

Please help spread this vital message to overcome censorship of this public service blog site, Leon Koziol.com. You can reach us for comment and support by calling our office at Parenting Rights Institute at (315) 380-3420 or me directly at (315) 796-4000, e-mail at leonkoziol@gmail.com. Stay tuned for an eye-opening post coming soon on the subject of parental alienation which caused two girls to avoid all contact with their hospitalized dad this past Christmas holiday.

HAPPY EASTER TO ALL !

Andrew Cuomo’s Tale of Two Cities

After creating the Moreland Commission on Public Corruption in 2013 to address a “culture of corruption in Albany,” New York Governor Andrew Cuomo dissolved it prematurely to suppress a growing level of testimony implicating top level officials close to him in criminal activity. It led to the convictions of leaders from both houses of the Legislature and a high level Cuomo aid when federal prosecutors seized Commission files in response. History now repeats itself with mounting scandals because the same governor was never held accountable then.

By Dr. Leon Koziol

Former government attorney, corruption whistleblower and current civil rights advocate

Andrew Cuomo is obviously a legacy of his father, the former New York Governor Mario Cuomo. He boasts often of his dad’s accomplishments and took great credit for the elder’s success as his campaign manager during the 1980s. Andrew even re-named the new Tappan Zee Bridge, a $3.9 billion project, after his dad in 2017. But of all the audacity that Andrew may have acquired, he never grasped the true meaning of his dad’s most famous speech delivered at the 1984 Democrat National Convention.

Dubbed the “Tale of Two Cities,” Mario Cuomo made an allusion to Charles Dicken’s epic novel of the same title which decried the cavernous gap between the elite and proletariat around the time of the French Revolution. He used this allusion to attack then president Ronald Reagan and his depiction of the United States a “Shining City on the Hill.” This speech elevated Mario Cuomo to national prominence much like Andrew Cuomo’s news conferences did for him at the height of the coronavirus pandemic.

But while Andrew was depicting New York as a model of success, the reality was that various scandals yet to be made public were telling a whole different story. This one might warrant another allusion to Charles Dickens about the other city left behind in the valleys of the empire state. Andrew Cuomo exploited his leadership role over two entirely distinct regions, upstate and downstate, to play politics at the expense of struggling businesses, working class and those victimized in nursing homes.

Much like Michael Avenatti, Andrew Cuomo flew too close to the sun as he bamboozled media in a game of politics with Donald Trump. When the Javits Center and hospital ship were made available for emergency relief to New Yorkers at great expense to federal taxpayers, Andrew Cuomo was out to prove that he needed no assistance from President Trump. Instead he sent coronavirus patients from downstate venues to hospitals in upstate New York. Such transfers of a hundred miles or more violated the most basic scientific protocols about isolating such patients in their places.

This scandal, like so many others, was suppressed to protect a media darling from public accountability. During the same period, I published a series of blog site postings which described this political exploitation of two regions to serve the ends of party politics. It was titled “Corona Chronicles” and can still be found on this site at http://www.leonkoziol.com. That series was likely made subject to internet censorship because the viral benefits once enjoyed by this site trickled down to nothing by the year 2020. It occurred after I was forced to bring an action in New York Supreme Court resulting in the removal of a family judge gag order imposed upon this same site in 2016.

Among the many exposures and predictions made here, the Moreland Commission on Public Corruption is very fateful today. In 2013, Andrew Cuomo assembled a dream team of lawyers, experts and law enforcement to crack down on a “culture of corruption in Albany.” As one of the small number selected to speak, I traveled to Pace University to expose corruption in our state’s domestic relations courts. Instead of overdue reforms, this commission was prematurely dissolved when testimony began implicating officials close to the governor. For my good faith efforts, I was rewarded with human rights violations, a loss of livelihood, and an end to father-daughter relations.

Such retaliation for the exercise of constitutional rights forces victims to go underground, to lose faith in their government, and ultimately to exhibit violent protest. It is a slippery slope that has become all too common this past year. In short, the King Cuomo scandals do not warrant individual prosecutions deserving of due process so much as they do a humble response to a serious loss of public faith in governance. For the good of the people, therefore, this governor should heed the calls for his resignation.

For related outside commentary on the Moreland Commission visit https://www.counterpunch.org/2013/10/18/new-york-is-drowning-in-bribes-and-corruption/

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Is there a unifying danger to the growing scandals surrounding Andrew Cuomo?

By Dr. Leon Koziol

Former government attorney, corruption whistleblower and current civil rights advocate

Andrew Cuomo faces a growing level of scandals surrounding his three term stint as governor of New York. Most public are the sexual harassment victims emboldened by herd immunity who continue to come out of the woodwork. However it is not simply the number of complaints but their diversity in content that should concern the public while federal and state authorities investigate.

There are many distinct aspects that can be counted. They include sexual harassment, false reporting of nursing home deaths, immunity from health care liability, and favoritism secretly accorded to family, supporters and elite society in coronavirus testing. Coupled with quid-pro-quo implications, an untethered ego, and First Amendment defiance, this governor has evinced a character more familiar to the monarchs which New York colonials ousted during our Revolutionary War.

Fear of retribution among whistleblowers is common to these scandals as it was for patriots who exposed corruption by tyrants. Intentionally or not, Governor Cuomo has assumed a tyrannical role after losing all sight of our founding principles. He did so by seizing upon a pandemic to foster an elite class of constituents, something his father might compare to the tale of two cities. Placing himself above the law, he set a dangerous precedent which entices his underclass to take that law into their own hands.

Such an underclass will inevitably revolt but not necessarily through violence. It can be carried out with a disregard of obligations, exploitation of government benefits, or flight to more democratic states and countries. All this, of course, harms New York’s capacity to provide economic recovery and essential services. Simply put, the people have become fed up with impotent investigations, politically constituted commissions, and watchdog inventions that act as mere window dressing for government accountability.

Governor Cuomo’s version of accountability features due process as a pretext for ending these scandals when public attention predictably fades. In addition, buying time means an opportunity to influence outcomes, an agenda already underway as evidenced by vaccine agents who recently made peculiar contact with county officials. This raises the specter of more scandals and a strategy employed time and again by this governor.

A key example is Governor Cuomo’s Moreland Commission on Public Corruption in 2013. He assembled a dream team of lawyers, experts and law enforcement to crack down on a “culture of corruption in Albany.” As one of the small number selected to speak, I traveled to Pace University to expose corruption in our state’s domestic relations courts. Instead of overdue reforms, this commission was prematurely dissolved when testimony began implicating officials close to the governor. For my good faith efforts, I was rewarded with human rights violations, a loss of livelihood, and an end to father-daughter relations.

Such retaliation for the exercise of constitutional rights forces victims to go underground, to lose faith in their government, and ultimately to exhibit violent protest. It is a slippery slope that has become all too common this past year. In short, the King Cuomo scandals do not warrant individual prosecutions deserving of due process so much as they do a humble response to a serious loss of public faith in governance. For the good of the people, therefore, this governor should heed the calls for his resignation.

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Attorney Whistleblower Exposes Unprecedented Retaliation for Documentary Purposes

By Dr. Leon Koziol

Parenting Rights Institute

Mainstream and secondary news documentaries focus highly on criminal matters. But in a recent flurry of blog site postings a judicial whistleblower with over thirty years of litigation experience exposes widespread corruption in our nation’s divorce and family courts. The retaliation he endured from judges and ethics lawyers was unprecedented, and his 12-year ordeal is now ripe for a shocking documentary. The postings that summarize that ordeal are found at the following links:

  1. Widespread dysfunction, a pandemic and parent alienation have combined to create a perfect storm
  2. Why is judicial accountability so crucial to Democracy?
  3. Say YES TO THE MESS? Courts built to dispense justice are being abused for profit.
  4. Kill a parent with a gun or prefer a toxic family court instead: the realities of a growing epidemic
  5. Hospitalized dad gets no calls from his daughters: the price paid by a judicial whistleblower

We are living in an evil society today. This pandemic may be a wake-up call to those who erase their parents, those who continue to sadistically harm others and those who upend the moral fiber of a free society with greed and self love. The coronavirus has derailed graduations, college life and career aspirations which may be a punishment for such evil. It warrants a fresh look at our society and the government which now dominates it. Help us make that documentary a reality by re-publishing this post. Your own ordeal may be included.

If interested, contact me directly at leonkoziol@gmail.com or (315) 796-4000.

Widespread dysfunction, a pandemic and parent alienation have combined to create a perfect storm in our nation’s divorce and family courts.

By Dr. Leon Koziol

Parenting Rights Institute

In a flurry of recent posts, I document the judicial corruption and parental alienation which have remained unchecked in our nation’s divorce and family courts. The coronavirus pandemic has now combined with those dysfunctions to create a perfect storm in today’s society.

With closures, social distancing and home confinements, it has aggravated the alienation of parents from their children particularly in the divorce and separation context. There has not been, and perhaps there never can be, a study which reports on the number of suicides, drug addictions, domestic violence and health impairments caused by this perfect storm. However, a comprehensive review is clearly warranted.

As a civil rights attorney, victimized parent and judicial whistleblower, I have repeatedly called upon our federal government to commence this review through congressional hearings and a Justice Department investigation. It is based on thirty years of experience in these courts. Had this occurred, today’s dire consequences may have been less impactful. Instead I was subjected to severe retaliation with overdue reforms that remain elusive.

Outside observers are easily duped into believing that conflict in these courts are financially and emotionally driven by disgruntled parents. But a closer look leads to a more accurate conclusion that such conflict is typically orchestrated by unscrupulous lawyers, biased judges and a money-driven court system. Service fees and federal Title IV-D funding are key examples.

This website, http://www.leonkoziol.com chronicles more than ten years of persecution endured by me as a result of my stand against this corrupted system. I have witnessed it first hand in a number of relevant capacities and will expose certain trial level jurists who abused public office in my case to retaliate for this public stance. The abuse was pathetically obvious and supportive of my demands for accountability.

In 2009, Syracuse family judge, Martha Walsh-Hood, conducted a four day custody trial that she was unprepared for. The sheer volume of cases may have been one explanation but a predetermined outcome was more likely. For example, she directed me to cease the spontaneous presence of a pen between my fingers during objections because it was intimidating my ex-spouse. There was no complaint from her, nor a similar directive of my opposing female attorney. Coupled with other abuses, it led to a conclusion that this judge was prejudiced against men. The resulting exercise in futility caused me to exit early.

In 2011, after Judge Walsh-Hood stepped down from my ongoing family matters, Judge Michele Pirro-Bailey issued an order granting the ex-spouse my weekend parenting time to accommodate a family event. This was done despite the judge’s admission that she had not reviewed my opposition papers and without even hearing my opposing argument in court. It caused me to exit this hearing early inasmuch as my side of the case was being ignored in violation of due process. After issuing abusive forensic orders in my absence, this judge also stepped down weeks later. The orders were removed by her successor on the same record to show how arbitrary and needless they were.

On January 14, 2014, a judge who replaced the latter (without reason given) conducted yet another custody hearing during which he was caught orchestrating a record to support a second set of punitive forensic orders. Judge Daniel King resurrected them in retaliation for my testimony before the Moreland Commission on Public Corruption four months earlier. There I exposed his fabrication of college degrees to elevate my child support obligations. Specifically he directed me to cease making objections (two of five were already granted) regarding my ex-spouse’s irrelevant, defamatory and hearsay testimony under penalty of being removed from the courthouse. A transcript supports his misconduct. To avoid a “contempt by ambush” I was forced to again exit early.

In 2018, a child support violation hearing was held before more assigned jurists, Natalie Carraway and Gerald Popeo. There I exposed a scheme to double my obligation for contempt incarceration purposes. A social services attorney, free for my ex-spouse, committed malpractice by failing to offer a support summary into evidence at the conclusion of her lone witness testimony. It was admitted anyway over my objections and then reversed when I discovered a $45,500 support amount paid in 2015 which had been omitted from that summary. In this way, an attempted fraud was concealed from the record.

Both Carraway and Popeo later denied me a transcript of that hearing to show not only serious error but also a fraud in the Title IV-D funding program. It caused me to avoid a clear set-up at a confirmation (contempt) hearing conducted by Popeo. This led to an unlawful support warrant, secret bulletin and “shoot on sight” threat from a traffic cop to mirror the 2015 Walter Scott shooting in South Carolina. That transcript has yet to materialize despite recourse sought in both federal and state appellate courts.

In these and other proceedings over the years I was forced to take extreme measures to protect myself. This included an absence from my daughters’ school events with an ex-spouse threatening a contempt petition each time I attempted contact. I had never been found to be an unfit parent or even accused of any abuse, but a jail term without a jury, pretrial discovery or heightened standard of proof, was not an option. With each early exit, these and other assigned jurists were able to use the ex-spouse’s unchecked testimony to issue one-sided orders that made me to appear incompetent as a parent.

Such orchestrations were rampant over my fourteen year ordeal that led to the destruction of my wonderful father-daughter relationships and ultimate harm to my health and professional career. The joint misconduct was well hidden in a voluminous record and presumptively credited due to the high regard typically associated with any person bearing the title of “judge.” In truth, it was a pretext for punishing my First Amendment rights as a whistleblower outside the courtroom.

My daughters cannot be expected to understand the complexities of this misconduct which forced me out of their lives. We had such a wonderful relationship for more than ten years, but all that was erased by a “custodial” mother and court system hell bent on money interests over parental rights. I lost so many opportunities to experience various phases and crucial events in my girls’ lives that can never be recovered. And I was forced to pay for the kidnapping with over a quarter million dollars in tax free child support paid to date despite an income capacity destroyed by draconian support practices.

This is the price paid by an attorney with the qualifications to challenge a corrupt court system. It is a price which allows the system to live on even during a pandemic, thereby harming countless parents, children and families. It is an epidemic protected by powerful interests, one that wreaking havoc upon our society as a whole. Although my sacrifices were many, they were properly directed against this system. Hopefully others will join my crusade so that those sacrifices were not in vain.

For more information, I may be contacted at leonkoziol@gmail.com or (315) 796-4000. Kindly share this post to overcome the censorship we are experiencing.

Why is Judicial Accountability so crucial to Democracy?

By Dr. Leon Koziol

Parenting Rights Institute

Why is judicial accountability so crucial to democracy? The answer is simply this: too much power vested in a single person invariably leads to corruption. We see this everywhere today. As it is said, tyranny begets anarchy, and when judges fail to honor the rule of law established by the people, the natural consequence is to take the law into one’s own hands. This is the very underpinning of American society and how our country came to be.

However when judicial power is usurped in domestic relations courts, a more serious form of corruption emerges. This is because families and parent-child relationships have long been considered sacred, private matters. Unfortunately, despite a constitution that created a form of government divorced from the mother country, a judge-made doctrine in feudal England managed to evade our Bill of Rights by finding its way into these courts.

That doctrine, known as Parens Patriae, has been relied upon to invade our privacy rights in ways never before imagined in a free society. As an accomplished civil rights attorney who became a victim of this doctrine, I set out to expose the corruption it caused to me and fellow victims. I sought to convert family court from a lawyer-friendly system to a parent-oriented one. Over time it cost me my professional career, father-daughter relationships and ultimately my very health.

When my ex-wife and mother of my children began to see the consequences of my principled stand, she took advantage of the retaliation by filing petitions that received the favor of judges seeking to suppress my First Amendment rights. Indeed in November, 2015, that ex-wife, Kelly Hawse-Koziol, filed yet another family offense petition having an ulterior goal of removing me from my daughters’ lives. Over the years, all her offense petitions were thrown out, but this one featured a gag order disguised as a protection order on this whistleblower website, http://www.leonkoziol.com.

The illicit scheme was profoundly exposed when I obtained a court order in New York Supreme Court challenging it. Despite motions denied over a six month period, the presiding family judge who issued that gag order (Daniel King), cancelled his hearing on the offense petition and vacated (removed) his own gag order. Weeks later, the same Judge King stepped off the case entirely after three years of harm to my father-daughter relationships. He never ceased his retaliation for my 2013 whistleblower testimony before the Moreland Commission on Public Corruption. There I exposed fabricated college degrees used to elevate my child support obligations for incarceration (contempt) purposes.

Throughout this crusade, my daughters and law license were used as ransom to elicit my silence. For her part, rather than honor the sacred interest in a father-daughter relationship, Kelly Hawse-Koziol exploited the clear retaliation by asserting one false accusation after another which I was forced to defend. I did so to an extreme of seeking constitutional protection in federal courts. But by then the fix was in, the record too tarnished, and any basic rights I might have once had were ignored or shamelessly violated. Hawse-Koziol was never held accountable for her perjuries and abusive petitions.

That favoritism was made possible by a judge made doctrine known as judicial immunity. Under that doctrine, judges can actually abuse public office by maliciously targeting a critic. To illustrate its absurdity, Michigan family judge, Wade McCree, was removed from the bench after his adulterous relationship with a litigant was exposed. It featured an adversary father that McCree placed on a child support monitor to appease his paramour. The father sued for civil rights violations in federal court but was denied recourse based on immunity, leading to the bizarre conclusion that sex in chambers with a litigant is now a protected judicial act.

This website, Leon Koziol.com chronicles more than ten years of efforts to reform this system and the retaliation which has yet to earn an Innocence Project outcome. Critical to my ordeal was a willingness of biased jurists, acting without a jury, to ignore perjury in the petitions and hearing testimony of Kelly Hawse-Koziol. Anything that could be used against me quickly found its way into decisions and orders that systematically destroyed proven father-daughter relationships. The judge prejudice was so extreme on one occasion that I was ordered to cease objections to such testimony under penalty of being removed from the courthouse (Family Judge Daniel King, January 14, 2014 transcript).

That willingness to ignore perjury was well demonstrated at a June, 2016 hearing where I was challenging a city marshal who claimed service of a support violation petition upon me at a local restaurant (known as a traverse hearing). After his sworn service document and testimony were introduced by Hawse-Koziol’s lawyer (one of many she retained), I cross examined him on a segment which claimed recitation of veteran status during the service of the petition. Knowing of an upcoming witness of mine in the waiting area, the marshal admitted that he never gave such a recitation. He then admitted that he had lied on the sworn document and in his testimony before the court.

Although the petition was consequently dismissed, no referral for perjury prosecution was made to the Syracuse district attorney. Such lack of accountability became potentially fatal when a scheme was hatched one year later to have an Oneida County deputy sheriff acting in the capacity of court security to serve the next violation petition upon me during a custody hearing. Unlike all other court litigants, Hawse-Koziol was not charged for this service as prescribed by law and the deputy sheriff was acting outside the scope of his security duties. So disruptive was this unlawful act that it caused yet another assigned judge to step down from my case.

More than 40 trial level jurists were assigned to my family matters over a 14 year period, a national record by most accounts. That alone warrants a federal investigation. There was no disciplinary action taken by this deputy’s superior, Oneida County Sheriff Robert Maciol, and no investigation by the state judicial conduct commission or attorney general, proving clearly that the state courts are unable to police themselves. The unlawfully served petition ultimately led to a “shoot on sight” threat from a traffic cop purporting to enforce a violation warrant issued by Utica City Judge Gerald Popeo. He was assigned to replace the one who stepped down and to avenge a public censure of that judge.

The corruption here was so rampant and unchecked that it forced me to take a bold stand against this irreparably infected process. Law enforcement would be well served by looking into such corruption because it puts them needlessly in harm’s way. One of Sheriff Maciol’s deputies was fatally shot during a stand-off with a parent trapped in a garage during a domestic incident. Had the officers who had him surrounded let time and talk take its course, that deputy might still be on duty today.

Throughout my ordeal in this corrupted family court system, I was proven justified time and again. To cite only a few examples, I filed a motion to remove one of my custody judges from my case and to prevent a private meeting with my young daughters in chambers. Opposing lawyers condemned it as an assault on a judge whose reputation was “beyond reproach.” Only months later, that judge, Bryan Hedges, was permanently removed by New York’s high court after Hedges’ public admission to sexual abuse of his handicapped five year old niece.

Judge Hedges’ replacement, Syracuse family judge Michael Hanuszczak, was forced to resign after a state judicial commission had found that he sexually harassed subordinate court staff. Judge Gerald Popeo, as stated, was publicly censured (when he should have been removed) by the same judicial commission for making racist remarks, jailing litigants for such conduct as a “smirk,” and threatening violence from the bench to remedy such indiscretions. The ethics lawyers who also targeted me were allowed to resign after falsifying their time sheets. These removals are all a matter of public record.

While this is only a partial list, it underscores the problem I set out to correct. A mother truly committed to her daughters and a co-parenting environment that was once so promising would counsel them on the righteousness of my cause. Instead she exploited the clear misconduct for selfish gain. My parenting liberties were so monitored that nothing I did was acceptable. Conditions were imposed that were not only contradictory, something I described as a “contempt by ambush,” but they forced me to avoid all contact with my precious girls.

This ordeal is detailed, in part, in my published book, Satan’s Docket, available on this site and http://www.parentingrightsinstitute.com. I am asking all court victims to carry on this cause so that my sacrifices are not in vain. For more information, you can contact me directly at leonkoziol@gmail.com or (315) 796-4000. Kindly share this post to overcome continued censorship and suppression.