My Response to the Delaware Women's House Democrats Letter to Sec DeVos

Ms Devos,

 Recently,  Tthe Womens Delaware House Democrats  wrote you an open letter. This letter expressed their adversarial stance to the changes you proposed to Title lX. These Legislators exhibited a fundamental acumen that is totally devoid of knowledge regarding the Constitutional bedrock called Due Process.

In this letter they essentially asked you to tone down and retract your proposed changes.

Their letter was entitled - “Title lX Changes Could Have Chilling Effects”

The “Chilling Effect” mentioned by this Honorable Band of Ladies is code for action that brings us back to due process. They do not want due process to apply to neither allegations of domestic violence nor allegations of campus sexual assault

Moving forward, I would like to address two of the main deviations included in their letter:

1)      Require Schools to use the Preponderance of Evidence –

On August 28, 2012, in Delaware, Kent County Family Court Judge Lou Ann Vari would grant my serial false accuser a protection from abuse order – designating before God and the world that I was a perpetrator and she (ex-wife) was the victim. A few hours later the “victim” evidently was not satisfied with the civil action, would strip down to her underwear, on her partially clad body scratch herself with a sharp object and write with blue eye liner a terroristic note to herself. She would then lay down on the side of a road screaming that I and two unknown accomplices had done this to her.

Fortuitously, I was wearing a court ordered GPS Ankle Bracelet which showed three things: I, the  accused, was innocent,

 the accuser was a liar, and

Judge Lou Ann Vari (earlier that day) empowered a false allegations artist.

This alleged victim would be arrested and charged with filing false police reports and lying to police.

She would be convicted via a plea deal from the State of Delaware.

When someone is accused of an assault this is a crime and should be treated as such.

The standard should not be lowered to that of a civil action such as a slip and fall accident where the standard of evidence is “preponderance”. The preponderance of evidence has now  been misinterpreted as allowing the mere allegation of abuse to serve as the preponderance of evidence standard.

The  accusation of an abusive act is a very serious matter and its effects can be devastating to the life of the falsely accused , in light of this, the standard should remain –

” beyond a reasonable doubt”.

2)      Discourage the use of cross examination in a hearing which can retraumatize victims.

This one statement in and of itself shows the complete disdain that this honorable group of women, House Democrats, have for due process. Cross examination is the judicial act of protecting the right of both the accused and the accuser. It is unbelievable that a group of law makers would think this to be an appropriate stand to take.  

They would have you accept the mere unsubstantiated allegation as evidence. Any scrutiny of the alleged victim’s story, as we search for truth, is met with cries of re-traumatization of the victim. This is an egregious method they use to protect a narrative at the expense of finding truth.

We now have literally hundreds, if not thousands, of documented cases of women lying about sexual and domestic violence.

I call upon you Ms Devos to resist the demands of these enemies of Due Process, who would have us regress to a gendered lynch mob form of justice. Resist their attempts to redefine truth and justice!

Gordon Smith

Port Orange, Fl

302-242-0299

Christine Blasey-Ford:The Heroine We Deserve

You read it right. She is my heroine, my archetypal Cowgirl riding in on the white horse. Because of this woman and her "noble" (but apparently delusional allegations) of attempted sexual assault against a Trump nominee for the Supreme Court (Judge Kavanaugh), we now have the topic of false allegations where it’s never been before:  out in the open on the national stage.

Ms. Blasey Ford has done what the more notable cases, such as the lynchings of the early 20th century of black men and boys, Duke Lacrosse team, Brian Banks, UVA/Rolling Stone Rape Hoax, Emma Sulcowicz – the debunked mattress girl, Vladek Filler, Gordon Smith, etc., have failed to do. This case has now shown with the greatest of clarity that there is a war on due process, with the predominate victims of this war being the men who are accused of any type of abusive infraction against any female, be it today, yesterday or three decades ago.

This case now has shown us that it is wrong to automatically believe, as a matter of policy, someone who alleges that a crime has occurred against them. The aforementioned cases and the myriad of others show that women can and do lie about abuse and have done so for centuries .

In Joe Biden’s back yard – in the State of Delaware, where I experienced the grotesque nature of state sponsored false allegations – we had three very influential women make the following statements:

• Lynn Kokjohn: “False allegations of sexual abuse have become the weapon of choice for mothers seeking to alienate their children’s father in custody cases.” — Family Law Commission member Lynn Kokjohn (Delaware State News, April 9, 2010)
• Former Judge Chandlee Kuhn: “I know there are abuses made (in the PFA system). Unfortunately, the people who are domestic violence advocates are reluctant to give up or make any changes.” — Chief Family Court Judge Chandlee Kuhn (Family Law Commission meeting May 13, 2010)
• Former State Senator Liane Sorenson: “One of our problems that has come up repeatedly to the commission from the public has been the filing of false Protection from Abuse orders. The public has asked why people get away with claiming abuse when it didn’t happen.” — (Former) Family Law Commission chairwoman Sen. Liane Sorenson (Family Law Commission meeting April 17, 2008).

I have said this before:  what Judge Kavanaugh experienced with the lynch mob of (always) #believewomen (though I empathize with him), should be an eye-opening experience for both him and our judicial system of what the common man in family court is subjected to as a matter of actual public policy.   The mere allegation of an abusive act, regardless how severe or inconsequential, is regarded as both preponderance of evidence in the civil realm, and quite often probable cause in a criminal proceeding.

Yes, thank God for Christine Blasey Ford.  Her and the Democratic Party’s attempt to further weaken due process will hopefully be the beginning of a redirected pendulum swing.

We can stop the erosion of due process in this country, but it will require raising an alarm for the common man in Family Court and not just when it’s a Trump nominee for the Supreme Court.

Gordon G. Smith

Port Orange, Fl. (Formerly Felton, De.)

  

Senator Coons, I Thank You

Senator Coons, I would like to thank you for providing the entire country proof of the utter disdain that you and your political party have for any man who stands accused of an act of abusive behavior toward any woman. Not just exclusively regarding the Judge Cavanaugh hearings.

In a Washington Times interview you stated – “The burden of proof lies with the Supreme Court nominee Judge Kavanaugh to prove his innocence”

Those, who value the hallowed concepts as “Due Process,” and “Presumption of Innocence,” were a bit shocked to hear you (a Senator) go on the national stage and confess to such ignorance regarding the rights of the accused.

But it was not a surprise, however, for those of us who have had the misfortune of living in your state and experiencing this twisted version of due process that you spoke of.

You see, I have both the experience and moral high ground to speak on this topic.  You sir, do not. After two years of experiencing your states “guilty until proven innocent” perversion of due process, I was vindicated and exonerated at the highest levels of the state government.

See:

 http://www.wboc.com/story/19448944/dover-woman-arrested-for-lying-to-police

You and your political power structure ignore the clear evidence of cases like mine that contradict your politically motivated witch hunts, and show the danger of automatically believing the mere allegation of an “alleged victim.” You have both created and perpetuated a false allegations industry that gleefully rewards those who make fraudulent allegations of abuse.

In closing, congratulations Senator Coons, on the successful perpetuation of policies that effectively weaken our Constitution.

Gordon Smith

Port Orange, Fl

Formerly Felton, De

Double Standard: GOP Style

Allegations of an abusive act by an alleged male perpetrator with an alleged female victim has now set a fevered pitch on the national stage of power politics.

I observe as Republican politicians, esquires and multiple ideologues express their shock and abhorrence that an individual can—without any evidence—possess the power to derail and adversely affect the life of the accused forevermore. The silver bullet, commonly referred to as the unsubstantiated allegation.

 Ladies and gentlemen, what comes to my mind is the blind passivity that these same guardians of due process have shown for the ongoing state sanctioned mass prosecution of the accused male deep within the underbelly of the Family Court Tribunal system. It has been the judicial standard operating procedure for decades now.

Its pretty sad that what has brought you out of the closet as inspired defenders of due process was the developing fiasco of the Judge Kavanaugh allegations of sexual assault from over three decades ago, while ignoring the plight of the average constituent in your state who faces a similar unsubstantiated allegation of an act of abuse from an ex partner.

It’s all good; relax.  Pretty soon, the lights and cameras will be shut down, the flurry of attention over the Judge Kavanaugh controversy will wane, and then you can go back to your silent acquiescence of innocent men being brutalized by the false allegations industry.

Gordon Smith

Port Orange, Fl

Delaware: Sex Crimes and Gender

One need not look any further than the State of Delaware, for absolute proof of the existence of the bizarre and twisted world of a gender bias in our justice system.

You see, last year in Dover, Delaware the individual above, Elaine Goodman was spared jail after she admitted to raping her daughters 13 year old boyfriend.

According to court documents – the child testified that he -

 "took his you-know-what and put it in her you-know-what,"  

After pleading guilty to fourth degree rape Elaine Goodman, even though she faced up to 15 years in prison accepted a sweet plea deal and was sentenced to just two years' probation.

Kent County Superior Court Judge Robert Young of Delaware described her action was "an aberration", or literally a “departure from that which is normal”, as a result he did not think jailing her was the answer.  

So let me get this straight, following the logical progression of Judge Young's "edict" - if a sex crime is a “departure from the normal, it should be assessed from a more lenient perspective ?

What a crock of Delaware Horse Manure.

Elaine Goodman, of Dover, Delaware, was arrested  after police examined text messages she had exchanged with a friend, including one that said: "I asked him what in the world are u doing with a body like that at 13".

She told the court: "I know sorry is just a word, but I really am. I know I hurt people and that is terrible."

Passing the light sentence Judge Robert Young said the sexual predator  had been compassionate in looking after her elderly parents and community members.

"This came out of the blue," he said. "The crime is egregious and affected the victim and his family, which was taken into account. But incarceration is not the answer."  Out of the blue? What in Gods name does this even mean? The unexpected nature of the crime merits a slap of the hand for the female sexual predator? Again, a crock  of the finest Delaware Horse Manure.

The child testified that he "took his you-know-what and put it in her you-know-what," 

I leave you with this one question:

Had it been a male who put his “you know what” into a female child’s “you know what” – What do think the sentence would have been?

Gordon Smith

Port Orange, Fl

Ex Patriate of Delaware

  

September is False Allegations Awareness Month

October is officially recognized as Domestic Violence Awareness Month.

                In the twenty four years since the Violence Against Women Act was passed by Congress, great strides have been taken toward both the prevention of and the enhancement to laws against domestic violence.

It is safe to say, at this point, that we as a country are more than aware of domestic violence, and the federal government has--via the states--implemented much more aggressive policies against domestic violence.

Unfortunately, as with many federal government initiatives, it has often become subject to exploitation and fraud.

The government's criteria is not necessarily the effectiveness of a program, but conversely, its in showing a continual need for such program(s).

This is best accomplished by diluting the very definition of domestic violence, i.e.--hurt feelings, and defining the mere allegation as a probable cause. In adopting this de facto policy one is virtually assured of the "higher numbers"

Since 1994, states have continually sought to show an ever-increasing need for perpetual federal funding for its various agencies by showing the numbers of those who are alleged perpetrators and alleged victims. This has created what is best described as a False Allegations Industry, an industry that conceptualizes a symbiotic relationship between the government, that needs the (False) victims for numbers and the (False) victims who see the opportunity for upper hand in custody, divorce proceedings, revenge in a relationship gone bad, free legal representation, rental assistance, or just plain sociopathic tendencies.  This cottage industry is dependent on a model of bygone days in which the male was the defined primary aggressor.

Statistically, this idea is falling by the way side - at least 1 out of 4 males are the victims of domestic violence, with that ratio lessening every year.  Our headlines are reflecting this paradigm shift as well with the growing numbers of women who are arrested for making false allegations, adult women having sex with children, or violent attacks upon the male.  We are confronted with the fact that gender violence is not mutually exclusive to males.  In a recent nationwide survey, one in six persons said they knew someone who had been falsely accused of abuse, and one in 10 said they had been falsely accused themselves.  Also, according to the American Coalition for Fathers and Children (ACFC), two million false allegations of domestic violence are made each year. The ACFC also reports that two-thirds of all reports of domestic violence are found to be unnecessary or false.  Furthermore, 11 percent of all Americans surveyed reported being victims of false allegations of sexual assault, child abuse or domestic violence.

In January 2010, the now retired Delaware Family Court Chief Family Court Administrator Guy Sapp said, after viewing video evidence confirming yet another false allegation from my ex-wife against me, that I was “collateral damage and that my case was simply an anomaly.”  However, her criminal activity would continue with impunity for two more years until her arrest on September 1, 2012. Yet the same head in the sand policy continues to this day with no semblance of an end in sight.

In truth, our states face an epidemic of false claims, false accusations, and false allegations — all of which are a clear misuse of our legal system.  September is False Allegations Awareness Month. Throughout the month, events are held around the country to raise awareness that making a false allegation of  domestic violence is a crime and should be treated as such by our legal system. 

America’s legal system has become awash in false allegations of abuse, including false accusations of domestic violence, child abuse, and sexual assault. False allegations are harmful because they:

·         Take away scarce protections and services from real victims

·         Can be devastating to the falsely accused

·         Undermine due process and cause misuse of our legal system

·         Force children into single-parent households, placing them at higher risk of social pathologies

I survived, overcame, and have successfully moved beyond the Kafkaesque experience from my encounter with the State of Delaware. I went full circle with the State paying to have each of the twenty- one charges forever expunged from my record and the Governor's Legal Counsel writing an official letter of exoneration for me.  Yes, I experienced true redemption, sadly, most victim of the false allegations industry never do.

Stop ignoring the facts and help support September as -

 False Allegations Awareness Month.

Gordon Smith

Port Orange, Fl

September 1, 2012

September 1 will mark the sixth year anniversary of an event that exposed with the greatest of clarity just how perversely prejudiced the domestic violence policies of the State of Delaware really are. As in the previous years,  it will not be marked by any fanfare or acknowledgement. You see, the system that had aided and abetted a serial false allegations artist would now be compelled , nay - forced to arrest an individual who had for three years exploited and mocked a system that was to protect women from domestic violence, this (literally) with the full blessing of the State of Delaware. Three years, nine arrests, twenty one criminal charges five protection orders later and an estimated $500,000 of taxpayer money later - all executed upon one innocent man later she would cease to be protected in her crime spree and face "justice".- on September 1, 2012

What was different this time compared to the thirteen previous official  fraudulent allegations?

 1) The extreme and unbelievable nature of her account:

It would be determined, only hours after Judge Lou Ann Vari granted her fifth fraudulent Protection From Abuse order (PFA) , that after stripping down to her underwear, she would cut herself and scribble threats of harm on her body.

2) As a punitive measure, a Judge ordered a GPS Ankle bracelet be strapped to my ankle. This to monitor my every whereabouts as I awaited trial regarding previous false allegations from her. After a violent take down and detainment by Delaware State Police and DOC Probation Division, the GPS coordinates would show her story to be a complete and absolute fraud. 

At that point, the key actors - Deputy Attorney General Patricia Dailey Lewis, Deputy Attorney General Ken Haltom and Delaware State Police Troop 3 in this sick drama could no longer protect their favorite self-defined "victim".

A  certain line of lunacy had been crossed.

Now, you would think as State lawmakers and guardians of good for society there would be inquiry and systemic introspection as to the hows and whys such exploitation of a system occurred, that there would be definitive changes in SOP and business model methodologies.  No, to the contrary, the influential members of the Delaware Domestic Violence Coordinating Council would see to it that no legislation would ever be introduced to even begin to debate the need for reforms.

In a nut shell: 

Money: its directly tied to the DDVCC continuing to receive and funnel federal funding to state agencies. A call for greater scrutiny or reforms would be viewed as an impediment to this cash flow.

Political Power: There is much to gain politically from blindly facilitating federal money to State agencies and ignoring fraudlent exploitation of resources, especially since this was essentially Senator Joseph Biden''s baby from 1994 federal legislation that introduced (VAWA).

It continues unabetted. In the years following that redemptive day of September 1, 2012, I still , to this day receive contact from dozens of men in Delaware who have fallen prey to a system that rewards those who have developed false allegations of domestic violence into an art form. Sadly, their stories are essentially the same as mine. The State of Delaware ignores exculpatory evidence and rubber stamps Protection Orders (PFA's) and also warrants for the arrest of men accused of domestic abuse with the same de facto policy as espoused by Judge Newell himself -"We don't want to prosecute women for false allegations because it might deter others from coming forward" - with the subsequent carte blanche for fraudulent allegations.

Democrat and Republican lawmakers alike, by your silent acquiescence you do great harm to innocent men and their children, great harm to real victims of domestic violence and great harm to tax payers who are left to foot the bill for this calloused system that allows the mockery to continue.

http://www.wboc.com/story/19448944/dover-woman-arrested-for-lying-to-police

Gordon Smith

Port Orange, Fl

 

Medical Marijuana and a Husband's Love for His Wife

I work in the Medical Marijuana industry. The husband of one of our patients came into the dispensary today. I asked how his wife was doing and how effective the product was in treating her particular condition. His response was overwhelming to me both emotionally and intellectually. I asked him if he minded putting his response in writing for me.

He was more than happy to do so and even included his name and phone number. I , however have chosen not to include his name in my blog regarding his testimonial:   

"My wife was diagnosed with a rare neurological disorder, Myasthenia Gravis approximately 9 years ago.  For the past 9 years we have gone to Neurologists from Shands Hospital in Gainesville, FL to the Mayo Clinic in Rochester, Minnesota.  She has taken prescription medications that side effects further hurt her emotionally and physically.  She was administered chemotherapy (Retuyimab and Cyclopaosphimide) over the course of a year which had no benefits and subsequently caused my wife to fall into deep depression.  

     My wife and I had given up, and assumed this was our life.  Then Medical Marijuana was legalized in Florida for medical use, and we decided to give it one last try.  To say Medical Marijuana changed our life for the better would be the century's largest understatement.  My wife, for the first time in 9 years, has been able to enjoy life to the fullest, and regain a sense of independence.  Medical Marijuana is a true miracle, and I hope some day legislators are able to open their eyes and completely legalize such a beneficial treatment."

Name Withheld 

Every day I entertain literally dozens of face to face accounts of the healing and life changing impact of Medical Cannabis

For those of you who place obstacles in the way of critically ill human beings acquiring Medical Cannabis, your argument is unequivocally devoid of both logic and compassion.

Please contact your State and Federal Legislators and demand they support measures to stop the ridiculous war on Cannabis. 

Gordon Smith

Scot Husbands: No Plea Deal; He Chose To Fight

Last year, I wrote about the former Milford, Delaware elementary school Assistant Principal Scot Husbands h and his acquittal by a jury of  nine women and three men of charges that he molested young girls. Scot alleges and with much evidence to substantiate he was the victim of State sponsored false allegations - a quintessential witch hunt that has become more and more common.
I went into detail about how the State of Delaware, even after Scot was found innocent continued to go for their pound of flesh and make his life a living hell. Scot lost his career, has reputation trashed , and lost his mother as she (tragically) recently passed away.

Some thing amazing that I just discovered about Scot's case was that as he faced 30 years in prison, the State offered him a plea deal of  probation with no jail time if he pled guilty.
Scot refused their and essentially told the witch hunting prosecutors to stick their offer where the sun did not shine. I told Scot - facing the possibility of 30 years in prison, many an innocent man has accepted plea deals such as that simply out of fear of the State's power and calloused disregard for truth.
Awesome job Scot Husbands, you showed great courage standing up to the bastards like you did.

Gordon G. Smith

Domestic Violence Allegations and the Demise of Due Process

On August 28, 2012, as I sat in the parking lot of the Camden, Delaware Texas Roadhouse getting ready to go inside for supper, a law enforcement officer suddenly appeared at my window screaming out commands that I get out of my vehicle.  As I complied, another officer pointed his gun at me screaming "hands up;" another one grabbed me, pushed me against my vehicle, and handcuffed me. I was then thrown into the back of the car, taunted, transported to Delaware State Police (Troop 3), shoes taken, belt taken, placed in a holding cell and held for just short of two hours. Why was this happening you might ask?

According to official police reports - my ex wife had taken a sharp object, scratched herself with it, used a blue eye liner to write threats and my name on her body, drive off the side of a road, strip down to her underwear, lay in a ditch face down until a passerby stopped. She would fabricate a story that I attacked her and left her for dead.

It gets better.....previously, over a period of three weeks on three different occasions - August 13, 19,  and 24, she would write three terroristic notes, placing them on her front door and on her car windshield, constructing them as if they were from me, including writing my name on them.

I would be arrested for the writing of those terroristic notes and be forced to wear a GPS Ankle Bracelet.

Ironically, it would be the GPS Ankle Bracelet that would vindicate me (and her unbelievably ridiculous attempt to frame me). The tracking device showed me miles away from the demented damsel in distress - vindicating me and ultimately proving she fabricated in great detail the entire event.

On September 1, 2012 she would be arrested for the filing of false police reports and lying to police.

So in the midst of the current "Guilty until Proven Innocent" craze, where we are told that a woman's allegation of domestic violence should transcend due process, I take great issue from a very personal level with this perversion of what our founding fathers' intent was for those accused of a crime.

By the standards of the current DV Lynch Mob, I would have spent years in a prison cell.

False Allegations has become a cottage industry fueled by the behemoth Violence Against Women Act (VAWA) that creates financial incentive for allegations of Domestic Violence.

This great pendulum swing not only destroys innocent lives, but also makes a mockery of true victims of domestic violence.

I stand with and applaud President Trump for his much maligned tweet:

"Peoples lives are being shattered and destroyed by a mere allegation. Some are true and some are false, Some are old and some are new. There is no recovery for someone falsely accused - life and career are gone. Is there no such thing any longer as Due Process?"

President Donald Trump

Gordon Smith

I listened, as the 75 year old female emphatically shared with me that, since she started her Medical Marijuana usage, she not had experienced any of  the horrible symptoms of  COPD that had plagued her for years. I was awestruck by a 78 year old who could hardly contain her joy, as she shared how much Medical Marijuana had helped her with the crippling Rheumatory Arthritis that had slowly taken over joints. There are soldiers who come back from combat suffering from PTSD due to their experiences in combat; there are a myriad of sufferers of chronic pain who testify that Medical Marijuana has helped them regain their life and feel like themselves as they break the deadly Opiod addiction, cancer patients, children with seizures, various neurological disorders I could go on and on. I hear the most amazing stories every day, about how Medical Cannabis has improved the quality of their lives.
Previously, I believed (and still do) in the legalization of recreational cannabis.  But, when I began working in Medical Marijuana on a professional level, I began to  acquire so much more scientific knowledge about this complex and therapeutic plant.
The bottom line is that Medical Cannabis is a good thing. It is proven to help people who are suffering, without the harmful side effects like that of Opioids.

Frankly, it astounds me.  No, it angers me to see the inexcusable obstacles laid out by the opponents of Medical Cannabis. The Federal government still maintains its criminalization policy, the banking industry won't touch it, insurance companies refuse to coordinate with treatment, making even more difficult for people to afford its treatment benefits, and local politicians are still able to circumvent the will of 71% of the State's voters.

One thing I have learned is that greed and ignorance can be powerful allies against something as good as Medical Cannabis.

Gordon Smith