Complaints against family court specialist go back years

Malcolm Maclachlan's November 3rd article in California's Capitol Weekly, begins:

According to her resume, Janelle Burrill is many things: psychologist, attorney, social worker. To the Sacramento Superior Court, she’s both an approved family court mediator and a special master, a person appointed by the court to make sure judicial orders are followed. She’s also been active in Placer and El Dorado Counties, testifying in numerous cases. But to some critics of California’s family courts system, she’s something else: Exhibit A for what’s wrong with family courts in California.

Her fraudulent claims remind me of David Tassoni, apprentice to Rhode Island Family Court's former Chief Judge Jeremiah S. Jeremiah, Jr.

Burrill and Tassoni both enjoyed enormous power in secretive family courts though their credentials were not questioned while both actively promoted the discredited legal tactic of "parental alienation" (developed by psychiatrist Richard Gardner, who claimed a status he never held at Columbia University Medical School).

The article expresses surprise at the high prices charged by these court "specialists" citing huge retainers and fees of $200 an hour. That is the same amount charged six years ago by attorney Lise Iwon (now head of the Rhode Island Bar Association) when she worked as guardian ad litem to remove two sisters, 5 and 9 years old, from an excellent mother, using the same bogus argument of "parental alienation" that Burrill and Tassoni liked to use. When she convinced Judge John Mutter to take the girls into state custody, Iwon complained that their mother still owed her $5,000. Before long, Iwon's bill approached $50,000.

Iwon was close friends with Lise Gescheidt, who was criminal defense attorney for the two girls' father. Gescheidt (who now heads the RI Supreme Court's Ethics Advisory Panel) defended her friend Iwon and accused the girls' mother of introducing motions that "slander the professional reputation of a unbiased guardian ad litem who has consistently acted in the best interest of the children without meaningful compensation. . . .” (Italics added.)

These cases are all about money and power, not about determining the "whole truth and nothing but the truth" or the "best interests" of children.

The only family that is reliably served by Family Court are the "sisters and brothers" of the Rhode Island Bar and their former colleagues, now on the Bench, who protect and preserve the Family's interests.

The ease with which Lise Gescheidt and Lise Iwon influenced staff at the Department of Children, Youth and Families (DCYF) shows that the Executive Branch is also implicated in this ongoing scandal.

The third branch of government, Rhode Island's General Assembly did the right thing by mandating in 2010 that DCYF must finally get accredited by the internationally recognized Council on Accreditation.

Now we need the General Assembly to turn its attention to Family Court. The many legislators who are also members of the Bar should step back, recuse, and allow their colleagues to conduct an open audit of Family Court costs and services.

More about Lise Iwon's handling of this case is at http://littlehostages.blogspot.com

The Capitol Weekly article on Burrill appears at the link below (or click on the title above):
http://www.capitolweekly.net/article.php?xid=1040os14pyj1slg

How lawyers manipulate doctors: Do-No-Harm vs. Take-No-Prisoners

This article appeared here:
http://www.opednews.com/articles/How-lawyers-manipulate-doc-by-Anne-Grant-110327-242.html

A 12-year-old sent his mother this note three years after he last saw her:

When soldiers are ordered to "take no prisoners," it means to annihilate their enemies. Physicians who vow to "do no harm" step onto a treacherous path when they sell their expertise to lawyers trained to take no prisoners in adversarial lawsuits.

For more than two decades, I have researched domestic abuse custody cases in Rhode Island Family Court, trying to understand how this publicly financed process crushes children and families. In many of these cases, lawyers, who are officers of the court, have manipulated clinicians. (Below I am naming only those lawyers and physicians specifically responsible to protect children.)

First Case: At Hasbro Hospital's Child Protection Program (CPP), Providence, Rhode Island, in 1997, a 6-year-old girl sat rigid, a blanket over her head. Children often try to disappear when life gets intolerable.

The girl's father had a documented history of aggression against his first two wives and their children. This child, the youngest, showed symptoms of sexual abuse. CPP Director Dr. Carole Jenny reported: "There is no doubt in my mind that some event happened because of the child's clear and consistent disclosure."

The father harassed those who tried to help his families: a security guard, social workers, therapists, teachers, pastors. He bullied a Providence Journal editor. He took aim at Kevin Aucoin, chief legal counsel at the Department of Children, Youth and Families (DCYF), for not responding quickly enough after the father appealed DCYF's findings against him. When he threatened to sue, Aucoin needed Dr. Jenny to revise her assessment.

She listed warning signs in the father's behavior, then minimized them in a summary of court documents. Her new "forensic review" freed the father to demand possession of his children. He held them for thirty months, until the eleventh Family Court judge to hear the case denounced his behavior in 2003 and sent the children home to their mother with damage that has not yet healed.

Second Case: In March 2006, attorney Lise Iwon began writing letters to the CPP about a case in which she purported to be a neutral guardian ad litem. She secured an astonishing report from Dr. Nancy S. Harper at CPP. Instead of medical information, Harper's report glibly summarized court documents Iwon had provided, repeating the conjecture, hearsay, and biased rhetoric in the father's defense strategy.

Harper's supervisor, Dr. Jenny, never saw or signed off on her CPP report before Iwon whisked it off to the judge who ordered DCYF to remove two young girls that day from their mother for a "psychiatric evaluation." Police arrived with a social worker to take them from their schools into "temporary" custody. The children remained in foster homes and a shelter at taxpayer expense for more than sixteen months before the state awarded the younger girl to the father she had accused of sexually assaulting her; the older girl went to yet another foster home.

Scores of neighbors, teachers, and others wrote letters attesting to the mother's superb parenting, but Iwon never interviewed them. Dr. Jenny told me the mother's behavior sounded "bizarre" but candidly admitted she herself might seem bizarre if she believed her children were in danger.

Third Case: A German father, head of a vast multinational corporate empire, retained several law firms in the U.S. and Germany to retrieve his two American sons after his estranged wife brought them here to her parents for one to have surgery in 2007.

The mother told me she had confronted her husband in Germany with evidence that he was sexually abusing their sons. She said she had walked in on this happening and found disturbing photos on a laptop computer her husband had given her. She related that her sons had pointed out a store where their father got hardcore pornography. They allegedly told her that he forced them to watch it and act it out.

The father hired a former U.S. official (at $700 an hour) as one of his lawyers, who reached out to Family Court Chief Judge Jeremiah S. Jeremiah, Jr., and paid the chief's assistant David Tassoni over $2,300 to help. The father's attorneys met alone in chambers with U.S. District Judge William E. Smith and intervened to end the involvement of Family Court, DCYF, and the FBI. They secured attorney Sharon O'Keefe, who had been assistant child advocate in Rhode Island, to serve as guardian ad litem.

O'Keefe contracted with Dr. Jenny to evaluate some of the father's photographs and a stack of German legal documents with apparent translations. O'Keefe's bill exceeded $13,000, including at least $2,000 to be paid directly to Dr. Jenny.

O'Keefe hardly talked with the boys, and Jenny never met them. Both concluded they saw no evidence the father was a pedophile. Judge Smith gave the boys and their American passports to their father, who took them back to Germany in April 2007.

Judge Smith ordered the father to give the boys plenty of time with their mother. But she has not been allowed to see or communicate with them since 2007. On Mothers Day 2010, one son wrote a plaintive note asking why "these people" would not at least let them Skype her.

It is troubling that Dr. Jenny never talked to the boys, who might have helped her interpret the photos. Nor did she demand an independent search of the hard drive by state police who are trained and equipped to examine electronic evidence of child pornography--and who do not accept private payment for their services.

In January, I wrote expressing these concerns and asked Dr. Jenny to improve CPP's protection of children by:

~Establishing ethical standards that forbid CPP staff to produce reports for private clients in litigation without a full investigation into the family's history;

~Making a complete inventory of past reports produced by CPP or its staff to see how these have been used in litigation and to examine the outcomes for children; and

~Providing CPP staff with training in domestic abuse, coercive control, and the symptoms of post-traumatic stress disorder (PTSD) that clinicians need to recognize in protective parents who may seem "bizarre" in their appropriate efforts to protect their children.

Clinicians must recognize the pitfalls when officers of the court reach out to them. Lawyers are hired to zealously represent their clients, no matter who gets hurt. Doctors trained to "do no harm" are easy prey for them; children suffer the consequences.

Notes

In order to protect children's identities, I am referring only to case numbers.

First Case: P92-4797 in Rhode Island Family Court; Carole Jenny, MD, signed the Child Safe Clinic #0629-23-38 report of January 14, 1997. After an extensive sexual abuse assessment by St. Mary's Home (April 16, 1997), DCYF sent a letter (April 18, 1997) to notify the father he had been "indicated." He appealed and a year later threatened to sue DCYF and its senior counsel Kevin Aucoin for failure to schedule a hearing. DCYF asked Dr. Jenny to review her records. Her report (July 29, 1998) was followed by a revised DCYF report (August 6, 1998), and Aucoin's motions (August 6, 1998, etc.) to launch an expedited trial. DCYF investigator Edward J. O'Donnell sent a letter (August 18, 1998) to the father stating that the findings against him "are hereby overturned . . . pursuant to . . . a forensic review of the investigation and all associated material conducted by Dr. Carole Jenny" (DCYF Administrative Appeal of SCR 425142 I/6).

Second Case: N04-0106 in Rhode Island Family Court and 1676-86-32 AC 000119896231 at Rhode Island Hospital. The court file, which is now sealed and presumably held at the Rhode Island Supreme Court, contains Lise Iwon's Motion (March 31, 2006) regarding her communications with Nancy Harper, and Iwon's Motion (April 5, 2006) asking to release clinical reports and court documents to Harper, whose report (March 21, 2006, signed April 5, 2006), shows that Harper already had those documents. I interviewed the mother and secured documents from her and the court file until Judge John Mutter imposed a gag order forbidding all parties to disclose anything further about the case and sealed both the divorce and DCYF files, on or about August 16, 2007.

Third Case: 07-46S in the U.S. District Court for Rhode Island, which holds transcripts, including the ex parte chamber conference of January 31, 2007, and court orders, including the decisive order of March 28, 2007; Jenny's report to O'Keefe (March 15, 2007); and the father's documentation of payments to Tassoni and others. The mother provided scores of documents, including the rental list from the German video store (October 2005), an initial DCYF report by Paul Ventura (January 31, 2007), O'Keefe's bills (March 12 and 28, 2007), hundreds of photographs from the laptop, and her son's letter (Mother's Day 2010).

Anne Grant writes several blogs about legal abuse in custody courts and wrote a chapter for Domestic Violence, Abuse, and Child Custody: Legal Strategies and Policy Issues, ed. Mo Therese Hannah, PhD, and Barry Goldstein, JD (Civic Research Institute, 2010).

Dr. Gardner's ghost still haunts Rhode Island (even after David Tassoni has gone)

As Judge Haiganush R. Bedrosian becomes Chief of Family Court, it is time we banished the ghost of Dr. Richard Gardner, whose coercive tactics in Rhode Island courtrooms have been haunting families traumatized by domestic abuse.

Victims of terror do not present well in court. They are tense, emotional and understandably outraged. On the opposing side, tyrannical controllers can be calm and charming litigants, confident in the damage they have inflicted. Their lawyers, who are often accomplished bullies in their own right, tell astounding lies calculated to trigger a full display of symptoms in the victims.

Psychiatrist Richard A. Gardner designed a stealth weapon in 1985 that he called "Parental Alienation Syndrome." A domestic-violence-denier, Gardner testified for hundreds of fathers and argued that mothers had "alienated" their children against them. Gardner also wrote that sexual relations between parents and children were natural. He told filmmaker Garland Waller that children who report abuse by their fathers should be threatened with a beating. He committed suicide in 2003, but his ghost still haunts our courtrooms. Here are three examples from cases I have been following:

In 2004, Warwick police charged a Family Court deputy sheriff with felony domestic violence when they found his girlfriend handcuffed in their kitchen with a broken jaw and eye socket. Already entrenched in litigation, the deputy sheriff was an often-unruly defendant in the same courtroom where he once kept order. He demanded custody of his ten-year-old daughter, who was terrified of him.

In the corridor during a break, David M. Tassoni, assistant to Chief Judge Jeremiah S. Jeremiah, Jr., told me he was searching for a psychologist who "understood parental alienation." Tassoni found Lori Meyerson, PhD, in a cramped country office and invited her to serve at Family Court, where she testified that the deputy sheriff was a "happy, calm and level person." She had never visited either parent's home when she recommended giving the father sole custody. General Magistrate John J. O'Brien, Jr., praised Meyerson's work and declared this case to be "as close as you can get to parental alienation."

Tassoni told me he was working with Judge Bedrosian and a joint committee from the Court and the Bar Association on a training program to qualify guardians ad litem. Their 2004 course and manual devoted an entire section to Gardner's theory of parental alienation.

Attorney Lise M. Iwon, who is now president of the Rhode Island Bar Association, helped teach that course, though she did not follow its guidelines in writing her report as guardian ad litem in another case. A three-and-a-half-year-old had protested behavior she described as her father's "sausage games" on days they spent alone. A pediatrician's office reported this to DCYF, who ordered the father out of the home. A few months later, the mother filed for divorce.

I asked why Attorney General Patrick C. Lynch had failed to convene a grand jury. He considered the child too young to be believed. Neither DCYF nor the AG used available technology to record this child's "excited utterances" in order to meet standards of evidence. They made no video of her reportedly vivid "reenactment" of an assault. No jury saw the graphic portrait she drew of her father.

Iwon succeeded in getting the girl and her older sister removed from an excellent mother and home. After sixteen months in state custody, the court gave the younger girl to her father and moved the older one from a shelter to a foster home, all at state expense. Iwon's course of action suggested that a Gardner-defense was underway. Like Tassoni's efforts on behalf of the deputy sheriff, Iwon sought psychiatric examiners, and found a pliable group in Massachusetts, where psychologist Bernice Kelly, PsyD, wrote that Iwon, herself, had suggested the possibility of "parental alienation."

In 2007, Kelly's report to the court listed Gardner's "eight symptoms" of alienation. She seemed unaware that the National Council of Juvenile and Family Court Judges had identified this as "junk science" the year before. NCJFCJ had warned judges to strike any report referring to parental alienation from the record because it failed to meet standards of evidence.

This year, as the American Psychological Association prepares to publish the Fifth Edition of its Diagnostic and Statistical Manual, its committee has steadfastly resisted pressure to elevate "parental alienation" to scientific credibility.

Yet Blue Cross and Blue Shield apparently reimburses providers for parental alienation "therapy." In 2007, psychologist Peter J. Kosseff, PhD, testified in Rhode Island that his court-ordered efforts to forcibly "reconcile" two teenagers with their father were not what Kosseff considered "therapeutic." Nevertheless, he billed Anthem Blue Cross and Blue Shield in Connecticut for "miscellaneous medical service" and got paid for those sessions--though they ended badly when the 14-year-old daughter suffered a breakdown and spent ten days at Bradley Hospital, costing the insurer many thousands more.

How long will the ghost of Dr. Gardner haunt Rhode Island's children? I am confident that Chief Judge Bedrosian does not share Gardner's pro-pedophile views. She is now in a position to end his ghostly reign in Rhode Island and to promote the highest standards of evidence in Family Court's handling of custody cases.

But one branch of government is not enough. Will Governor Lincoln Chafee demand thorough reform at the Department of Children, Youth and Families? The General Assembly has mandated that DCYF must, in 2011, start the process toward accreditation.

Will Attorney General Peter Kilmartin use technology and convene grand juries to examine evidence of sex crimes by family members against young children? (Two of the fathers above acknowledged that they were sexually assaulted in childhood, one by his father and the other by his grandfather.)

Children who have suffered from domestic abuse need all three branches of government to work together and unequivocally banish Dr. Gardner's ghost from Rhode Island.


This op-ed is reprinted from
http://www.opednews.com/articles/Dr-Gardner-s-ghost-still-by-Anne-Grant-101219-843.html
and also appeared in The Providence Journal
http://www.projo.com/opinion/contributors/content/CT_annegrant27_12-27-10_JGL9NV5_v13.8712c4.html

Two weeks later, David Tassoni resigned. Here is the Providence Journal report:

http://newsblog.projo.com/2011/01/andrea-has-tassoni.html

RI Family Court mediator quits amid probe of qualifications
4:31 PM Thu, Jan 06, 2011
By W. ZACHARY MALINOWSKI
Journal staff writer

PROVIDENCE, R.I. -- Rhode Island State Police are investigating allegations that a longtime mediator in Family Court may have provided false information about his qualifications when he was hired 15 years ago.

State Police Lt. Raymond Studley, assistant detective commander, confirmed Thursday that detectives had opened an investigation into David Tassoni after court officials tipped off the police that the state worker may have "misrepresented his educational background."

"The court asked us to look into it and determine if there is any criminal behavior," Studley said.

Studley said that court mediators are not required to have a law degree.

Craig Berke, spokesman for the state court system, said that Tassoni resigned on Wednesday. Berke said that Tassoni was hired in 1996.

He said that Tassoni, who made $105,398 annually, was an assistant administrator in addition to his duties as a mediator. As a mediator, Berke said that Tassoni primarily worked to resolve disputes in divorce proceedings.

Family Court Chief Judge Haiganush Bedrosian said through Berke that any mediations that Tassoni participated in "are unaffected by this development.''


ABC 10 News broke the story:
http://www2.turnto10.com/news/2011/jan/06/10/court-mediator-resigns-resume-questioned-ar-351568/

By PARKER GAVIGAN
Published: January 06, 2011
Updated: January 06, 2011 - 6:54 PM
» 19 Comments | Post a Comment
A top court mediator resigned amid questions about his credentials.

David Tassoni worked at Rhode Island's Family Court for 13 years.

Tassoni's resume said he graduated law school and earned a degree from Providence College. From there, he rose through the ranks of state's Family Court, recently reporting directly to the chief judge and making $105,000 a year.

NBC 10 learned neither degree exists.

Paul Labonte's case in Rhode Island Family Court is over. He lost custody of his kids to the state. That's where he met Tassoni.

"You're expecting the people to be professional and be qualified in the positions they hold, and when they're not, it's like you get anyone down here to hear the case," Labonte said.

Tassoni's resume, obtained by NBC 10, says he graduated from Providence College and Southern New England School of Law in 1997 -- the same year he began working for Rhode Island's court system. He worked first as a law clerk intern and then as chief mediator, rising fast to the rank of assistant administrator and making $105,000 a year.

Sources say Chief Judge Haiganoush Bedrosian started to look into Tassoni's education and learned he did not graduate from law school or from Providence College.

Earlier in the week, Tassoni's resume, picture and biography were posted on the website of the Massachusetts-based company, Legal Options Inc.

The site said he had mediated more than 750 divorce and domestic disputes. The site also said that in addition to his family law practice, Tassoni is the domestic mediation instructor for Roger Williams University.

After NBC 10 started investigating, the information about Tassoni was pulled from the website.

Many court employees said Tassoni was good at what he did. Labonte doesn't disagree.

"I thought it was a shame. I really did," Labonte said. "He was really listening to what I was saying as opposed to just being at work,"

NBC 10 tried reaching Tassoni at his home and on the phone, but we were unsuccessful.

State police confirmed there is an active investigation at the Family Court, but they wouldn't confirm whether it involves Tassoni.

A representative for the court said the cases that Tassoni mediated are not affected by his resume problems.

State Sen. John Tassoni, David Tassoni's cousin, said the two men haven't been close and that he learned of the resignation from someone else.

Here is David Tassoni's fraudulent resumé (click once on it to enlarge):



He listed these among his duties:
Family Court Mediation Advisory Board (Chairperson), 2001 to present
Attorney General's Domestic Violence Task Force, 2002 to present
National Association of Court Managers, Governors Ideal System of Care, 2002 to present
Supreme Court Indigent Defense Task Force, 2002 to present
Supreme Court Mediation Task Force, 2002 to 2003
Child Support Guidelines Task Force, 2002
Rhode Island Children's Trust, 2003 to present
Guardian ad Litem Task Force, 2003 to present

Psychiatrist Richard Gardner made his own fraudulent claims that he was "Clinical Professor of Child Psychiatry at the College of Physicians and Surgeons, Columbia University." After his 2003 suicide, his New York Times obituary listed this among his credentials, and Columbia University denied the assertion.