Wednesday, April 26, 2017

HB 141 and the Judicial Objectivity of Madam Judge Vari





HB 141: This Act authorizes the Family Court to interview a child outside the presence of the parties for the purpose of obtaining the child's testimony and ascertaining the truth of a matter asserted by a party to a Protection from Abuse proceeding.
[HB141 2017 Detail][HB141 2017 Text][HB141

The above proposed bill sounds harmless enough, a bill that officially gives the a Family Court Judge the authority to speak privately with a child to determine the truthfulness of one parent's claim of domestic violence.

But the problem is not so much a question of the good intentions of the proposed statute, but it is the caliber of a certain Family Court Judge and her ability to execute proper Judgment in the courtroom.

August 28, 2012 - I cite (then) the "Honorable"Commissioner Lou Ann Vari:

I would stand accused of acts of Domestic Violence in the context of a Protection Order Hearing inside the Court room of Lou Ann Vari.
To prove my innocence, I subpoenaed the Dover Police Office who investigated the August 13, 2012 incident where it was reported to police that the subject had found a terroristic note written in a cryptic fashion with my name on the back of it - the note stated I was going to kill her.
The investigating Dover Police Officer concluded in his report that he believed she (the subject) fabricated the incident and he intended on arresting her for falsely reporting an incident to policed.
During the Hearing this Officer gave sworn testimony to this fact.
 Lou Ann Vari did the unthinkable:  she completely disregarded the Dover Police Officer's investigative findings and his sworn testimony, and would rule in favor of the accuser - the individual that the Police Offer had determined through probable cause, to be a fraud.

It gets better.  Three hours later, this accuser would (according to Police records) go home, and write another terroristic note. This time , however, she would use her own body as the stationery.   No, really.  She would take a marker and write--on her own body--life threatening words of terror, my initials and also scratch superficial marks on her body as well. She would then drive out across the road in front of Wild Quail Subdivision, strip down to just her underwear and fake an attack and attempt to implicate me as the attacker.
Now bear in mind this creator of fraudulent terroristic notes is the same person that Lou Ann Vari would define as her victim and would actually take the word of,  over that of a stellar Dover Police Officer who had conducted an actual investigation into the alleged incident.
Long story short - Four days later. Lou Ann Vari's "victim" would be arrested for the filing of false police reports and providing false information to police officers. I would be ultimately vindicated as the victim of the State and their false allegations artist.


But this redemption would not occur before being violently apprehended by a Law Enforcement and detained in a holding cell  for almost two hours, this, without absolutely no clue whatsoever why I was being subjected to this treatment.

From my documented experience, I can say without a doubt Judge Lou Ann Vari's  actions in my case were disgraceful, she is biased and incompetent.
The thought of her interviewing a child in private to "determine the truthfulness of one parents claim of domestic violence" is disturbing.

Gordon Smith









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Wednesday, April 5, 2017

Monday, April 3, 2017

Not Guilty: The Story of Scot Husbands


The State of Delaware is a perfect synthesis of corruption and incompetence. I could bore you with countless articles and independent studies which would bolster and confirm this commonly known assertion as fact. But, I will refrain and allow you (if you choose) to research it for yourself.

One of many examples is the Scot Husbands story:
Scot earned his graduate degree from Delaware State University.
A professional educator.
Worked his way up to Assistant Principal in Milford Delaware.
An impassioned supporter of his son and daughter in their athletic pursuits.

In the initial stages of his marriage dissolution, Scot was accused by three of his estranged wife's good friends of inappropriately touching their daughters at a sleep over.
The State of Delaware would throw all of its big artillery at Scot in what they were sure would be a slam dunk case for the State.
A year later, after losing his job as Assistant Principal, unable to acquire and gainful employment due to the pending charges and facing ostracism in his home community, a jury of 9 women and 3 men would sit and painstakingly listen to all of the evidence against Scot.
This jury of Scot's peers would find him Not Guilty.


Scot would not be sent to prison for 20 years. He could leave that court room a "free man".
So one would think. He would learn that being found "not guilty" in Delaware doesn't mean what you think it would. Restoration, redemption and getting one's life back together? No, not in Delaware you still have to fight a systemic injustice that cares not you were acquitted of all charges.
Scot would still face community persecution and ostracism. After his acquittal on three separate occasions Scot would be denied expungement of the charges of child molestation.
He would also have his teachers certification taken from him.
Thus, leaving him handicapped in his attempt to start life over again.
It seems society is more than happy to accept guilty decisions that are made by juries but somehow refuse to accept a jury's decision of not guilty with these type of cases. Its as if the presumption of innocence and the rule of law operate as proverbial myths in our society, instead reverting to base and vile nature of witch hunting as a de facto policy.

Tragic cases like Scots are definitely not unheard of, I cite the case of Tonya Craft, the Kindergarten teacher from Georgia who faced charges of fondling some of her female students.
She was acquitted and successfully sued all of those involved in her false allegations.
Locally, Family Law Commission member and Sussex County resident Lynn Kokjohn once stated in a 2010 Family Law Commission meeting that "False Allegations of child abuse have become the weapon of choice in custody battles."
A silver bullet , if you will.
We must resist the tendency to follow the ever popular witch hunt principle but instead embrace the principle of the rule of law.

http://www.chattanoogan.com/2015/8/19/306473/Tonya-Craft-To-Tell-Her-Story-Of.aspx

https://nationalparentsorganization.org/blog/7880-tonya-craft-declares-7880

Gordon Smith