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Most scams, such as sub-prime mortgages and email scams, victimize adults. But custody scams victimize children. When government fails to protect children it throws open the doors to private contractors—lawyers and clinicians—who enrich themselves at the expense of children. (More about this child and the mother who tried to protect her appears below.)


Wednesday, December 2, 2009

City official kills wife and daughters, but not son



For the original link, click on the title above or go to this link:
http://www.fox4kc.com/wdaf-kahler-murders-lawyer-120109,0,7315787.story

Divorce Lawyer Not Surprised Man Killed Wife And Daughters, But Not Son
Stephanie Hockridge, FOX 4 NewsMeagan Kelleher, FOX 4 Web Producer

December 1, 2009

Ex-Mo. City Official Charged With Murder In Death of Wife, Teenage Daughters
COLUMBIA, Mo. - A former Columbia, Missouri city official has been charged with capital murder in the shootings of his wife and two teenage daughters in eastern Kansas. The divorce attorney for 46-year-old James Kraig Kahler's wife said the man had serious problems with women, going so far as to call him misogynistic.

While attorney Dan Pingelton admits Kahler has never been psychologically evaluated, he says all the signs were there.

"My first thoughts were, 'I hope that's not Karen and her children,'" Pingelton said. "Based on the case my second thought, because I heard there had been one survivor, I said, 'That survivor is going to be Sean.'"

Pingelton was representing Karen Kahler in her divorce when he learned of Saturday's shootings in Burlingame, Kansas. Police said Kahler shot and killed Karen and their two teenage girls, Emily and Lauren. Karen's grandmother was critically injured in the attack. The sole survivor was the couple's 10-year-old son, Sean, who was there but wasn't hurt.

"Ambushing your entire family, killing the three women and trying to kill the fourth woman and your son lives...he's a monster, an absolute monster," Pingelton said.

Pingelton said Kahler was a rigid and controlling individual, who emotionally abused the girls.

"We had a schedule set up for him to see the children, he declined to see his daughters," Pingelton said. "These were wonderful girls. I mean, wonderful people. And they did not take sides in this divorce."

Kahler was expected in court on Wednesday on a domestic assault charge stemming from an incident with his wife in March.

That case, along with the divorce, were warning signs to the Columbia city manager, who said he asked Kahler to resign from his position in September as director of Columbia's Water & Light Department because of his difficult family issues.

Still, Pingelton said Kahler knew it wasn't the end of the road and neither the assault charges nor the divorce needed to get ugly.

"He could have been an involved parent and moved on with his life," Pingelton said. "So, when you say, was the timing of it precipitous, no, it wasn't. He had been well counseled that this thing was going to work out all right."

Pingelton said the 10-year-old is staying with family in Kansas. In the meantime, Kahler is scheduled to be in court December 10 and bail has been set at $10 million.

Monday, November 2, 2009

California I-Team investigates Family Court Costs

I-Team Examines High Costs Of Family Court (Click on the title for the original link.)

Parents Say They Are Drained Of Money By Court Professionals

Lauren Reynolds
10News I-Team Reporter
POSTED: 2:18 pm PDT October 29, 2009
UPDATED: 11:55 am PST November 2, 2009

SAN DIEGO -- Jim Wittmack's home is lined with hundreds of pictures of the two children who no longer live with him.

"The whole custody thing was about money," he said.

He has strong feelings about the family court system.

"It is very well crafted by the professionals to extort money from the parents and ramp up fees," he explained.

It's a complaint the 10News I-Team has heard several times over the past year while investigation several stories in family court.

Connie Valentine of the California Protective Parents Association said, "It's pay to play."

She said the problem is not unique to San Diego or even to California, but is nationwide.

"It's a money industry at this point; a completely unregulated money industry in which the professionals can charge what they want," she said.

The professionals include attorneys, evaluators, special masters and mediators. Sometimes one person will take on different roles in different cases. For example, a mediator in one case might be a custody evaluator in a second and a special master, or tie-breaker, in a third.

Among the higher priced services provided by psychologists in San Diego is a custody evaluation. There are a dozen psychologists routinely used in San Diego Family Court.

"The fact that they use the same 12 people over and over again just confirms that it's like a cartel," said Wittmack.

He said the professionals know each other well and refer each other work.
Wittmack had two evaluations over three years with the same psychologist. The cost was $14,000.

"You just have to come up with the money whether it exists or not. In my case, I borrowed it from my sister," he explained.

The evaluators often will not release their reports until their bill is paid; they even get judges to compel payment, the I-team learned.

The I-Team found one example out of Northern California in which an 11-year-old boy, Coby, was the center of a custody dispute. His mother was ordered to pay $2,200 upfront to a custody evaluator. In the ruling, the judge wrote, "If mother does not pay the fees ... primary custody shall be changed."

The mother did not come up with the money and she lost custody. She told the I-Team she didn't have the money and the boy's father had missed child support payments.

Valentine said, "It's a shocking case."

She reported it to the Judicial Council, which oversees California courts.
Evaluators counter that their work provides valuable insight, especially given that judges get limited time with family members involved in disputes.

Stephen Sparta, Ph.D., spoke before a gathering of family law attorneys, judges and evaluators last spring and pointed out that evaluations are thorough and can help spot the psychosis in parents. He gave examples of violent outcomes of custody battles to make his point.

"Sometimes I feel badly that people without money don't get these evaluations," he told the crowd.

The I-Team confirmed that low income families, even those with documented conflict, are not ordered to get the custody evaluations because there is nobody to pay for it.

The reports are only used for families with financial means.

Since even some judges question the value, the I-Team asked Supervising Judge Lorna

Alksne why they are used for people in the middle or upper classes.

She responded that parents often request or demand these evaluations hoping their side will be favored. In most cases, she said, it is the parents and their attorneys who provide the court with the names they want to be selected as the evaluator. Judges do not control the costs, but they may rule on how parents should split the bill.

Alksne also pointed out that some judges try to dissuade parents from getting the evaluations because of the time and expense involved and the fact that it does not always solve the problems relating to custody sharing arrangements.

Parents have told the I-Team that attorneys or even judges steered them into the evaluation.

One local Judge, Jeffrey Boswick, is openly critical of the process. He spoke frankly about the evaluations while giving a presentation to court professionals. The presentation was videotaped and provided to 10News.

"It's too expensive, it takes too long to do, and it often times doesn't solve anything in the case," he said.

Wittmack said he had 50-50 custody of his children and that he and his wife typically were cordial to each other until the lawyers and professionals became involved.

He said he agreed to the first custody evaluation, but made it clear that he couldn't afford the second one.

In a letter, the custody evaluator who worked on his case said Wittmack failed to pay the entire "cost of the assessment" up-front.

The evaluator wrote it "resulted in the court changing custody."

Wittmack has his pictures of his children all around him, but he only has his children every other weekend.

Tuesday, October 20, 2009

Peoria murder-suicide victim sought help from court

Peoria murder-suicide victim sought help from court
Peoria woman later killed in apparent murder-suicide
by Dustin Gardiner - Oct. 20, 2009 12:00 AM
The Arizona Republic

A Peoria mother whose body was found Friday had recently tried to leave Arizona after receiving threats from her apparent slayer, but a judge denied her request, court records show.

Two weeks before she was killed, Dawn Axsom pleaded with Judge Jose Padilla of Maricopa County Superior Court to let her leave Arizona with her son because she feared Gabriel Schwartz, the toddler's father, would harm her or their boy.

Padilla denied the 26-year-old's request and ordered the pair to attend parental counseling together.

Axsom's body was found in her Peoria residence Friday. Police also found the bodies of Schwartz, 28, and Linda Braden, 56, Axsom's mother.

Schwartz is suspected of shooting and killing both women before turning the gun on himself, Peoria police spokesman Mike Tellef said Monday.

Tellef said the violence likely began in the downstairs kitchen, where Schwartz shot Braden. Then, Schwartz went upstairs, shooting Axsom in the master bathroom and killing himself in a bedroom.

Police discovered the grisly scene at about 10 a.m. Friday after Axsom didn't show up for work and a friend and the friend's mother went to the home, located in the 7400 block of West Sierra Street, to check on her.

When the friend knocked on the door, she heard Axsom and Schwartz's nearly 2-year-old boy crying upstairs.

The woman called police, who arrived and found the child unharmed inside his crib.

"When the officer took the baby outside, he covered (the child's) eyes so he couldn't see anything," Tellef said, recounting the scene.

Friends and co-workers who gathered outside Axsom's residence Friday said she was having ongoing custody problems with Schwartz and expressed frustration that the court system wouldn't let her leave Arizona when she knew Schwartz might harm her.

Court records show Padilla granted Axsom a protective order against Schwartz four days before the Oct. 6 hearing where he ordered her to attend parental counseling with him and denied her request to relocate to Maryland with the pair's son.

Axsom's son was placed into the custody of state Child Protective Services.


* * *

3 found dead in Peoria home
by Nathan Gonzalez - Oct. 18, 2009 05:38 PM
The Arizona Republic

Peoria police believe three people found dead inside a home Friday morning may be a case of murder-suicide, but are awaiting autopsy results, a spokesman said Sunday afternoon.

Detectives hope the autopsies on Lisa Braden, 56, her daughter Dawn Axsom, 26, and Gabriel Schwartz, 28, will provide answers on how the three died, said Mike Tellef, a police spokesman.

"There are too many unknowns as of yet," Tellef said, noting that the incident looks like a possible murder-suicide. However, he fell short of naming it as such.

Police believe there are no outstanding suspects.

About 10 a.m. Friday, a woman and her mother went to the home on the 7400 block of W. Sierra Street, after one of the victims failed to show for work, police said previously.

When one woman rang the doorbell, she heard Axsom and Schwartz's 2-year-old child crying inside. The woman called police, who arrived and found the child unharmed inside the home.

Police have thus far declined to say how Braden, Axsom and Schwartz died, only that violence was involved and their bodies were found in different areas of the home.

The 2-year-old boy was placed into the custody of Child Protective Services.

Friday, September 18, 2009

Custody courts are not helping


On Thursday, Sept. 17, 2009, neighbor Hailey Erickson brings a flower and a stuffed animal to a makeshift memorial in front of the apartment where a father and his children were found dead in the 2700 block of White Ridge Place the day on Wednesday, Sept 16, in Thousand Oaks. (Andy Holzman/Staff Photographer)

Jobless dad, kids in murder-suicide

By Connie Llanos, Jerry Berrios and Kevin Modesti, Staff Writers
Updated: 09/17/2009 09:53:39 PM PDT
published in the Los Angeles Daily News

THOUSAND OAKS — After losing his job in the midst of fighting a child-custody battle, a Thousand Oaks father apparently stabbed his two children to death in their own beds and then killed himself, police said.
The murder-suicide stunned this suburban Ventura County community which hadn't seen a single homicide for more than a year.

The children's mother found the bodies of her ex-husband, James Mulvaney, 52, son Jason, 12, and daughter Jennifer, 7, when she went to pick up the children from their father's home Wednesday evening, said Ventura County Sheriff's Department spokesman Ross Bonfiglio.

The Ventura County Medical Examiner's Office determined the two children died from multiple stab wounds. Mulvaney's cause of death is pending toxicology reports, which could take anywhere from 12 to 16 weeks. But officials said it appeared he overdosed on prescription medication.

Shocked neighbors described Mulvaney as a quiet family man who was often seen outside watching his kids ride their bikes or swim in The Knolls apartment complex pool. They said he had lived there for about six months.

Karla Jackson, a neighbor whose 11-year-old son often played with the Mulvaney children, said the kids always seemed happy.

"They had beautiful blond hair and always had big smiles on their faces," Jackson said as she teared up. "It will be a long time before we will be able to get over this."

She said the scene at the apartment complex was like a movie. A crime scene investigations truck was parked in front of the apartment, as well as several police cars. Dozens of residents watched the crime scene.
"I was out here until 1 a.m. last night," Jackson said. "I couldn't sleep. I just can't believe this happened."

Mulvaney's ex-wife called 911 at 5:42 p.m. Wednesday, police said. She had become concerned after learning the children had not attended school or after-school activities Wednesday.

She also identified the bodies.

Authorities believe Mulvaney killed the children between 10 p.m. Tuesday and 2 a.m. Wednesday, then killed himself between 2 p.m. and 5:30 p.m. Wednesday.

"It is believed he overdosed on multiple prescription medications," said Craig Stevens, a senior deputy medical examiner.

They recovered the presumed murder weapon from inside the house, a large, fixed-blade knife covered in blood.

The couple was recently divorced and were in court over custody of their children, Bonfiglio said.

Grief counselors were at Lang Ranch Elementary and Los Cerritos Middle School Thursday to help students and teachers deal with the tragedy.

"It's a tightknit community and we all rely on one another," said Janet Cosaro, assistant superintendent of instruction at Conejo Valley Unified School District.

Cosaro said the tragic event was not only heartbreaking but uncommon for the quiet suburban neighborhood.

Bonfiglio said Mulvaney had lost a job recently.

Mulvaney previously worked at a Citibank branch in Camarillo, a branch employee confirmed Thursday. A Citibank corporate spokesman would only confirm he once worked for the bank.

"We are deeply saddened by this tragic incident. Our thoughts and condolences go out to all the friends and families who are affected by this tragedy," Citibank spokesman Robert Julavits said in a written statement.

Investigators worked overnight Wednesday combing through the apartment in the 544-unit upscale Spanish-style complex for clues to the gruesome crime. By Thursday afternoon, a crime scene cleanup crew arrived at the corner apartment.

Bonnie Shapiro, one of Mulvaney's neighbors, said she came out to console Mulvaney's ex-wife after she heard her screams at 5:30 p.m. Wednesday.

"You don't think you are going to come home to something like this," Shapiro said. "My heart goes out to her."

Thursday afternoon, gold and blue glittery hula hoops lay by the entrance to Mulvaney's apartment. His gray Lexus sedan was parked out front with a red and white soccer ball in the front passenger seat and pink tennis shoes in the back seat.

Neighbors identified a blue Volvo station wagon, parked askew two doors from the apartment, as belonging to Mulvaney's ex-wife. She also had children's items scattered throughout her car including soccer cleats, knee pads and a My Little Pony video game.

The tragedy follows a recent rash of family murder suicides in the Southland in the past two years, including incidents in North Hollywood, Porter Ranch, Covina, Yorba Linda, San Clemente and Wilmington.

Dr. Lanny Berman, executive director of the Washington D.C.-based American Association of Suicidology, said the role of marital strain and child-custody battles in such violent incidents is "a common theme."

Berman said evidence is mixed on whether job losses and other elements of the national economic downturn have contributed to any increase in suicides and violent behavior.

Berman said that during the recession, operators of some suicide-prevention helplines have reported an increase in calls in which financial stress seems to be a factor, but others report no difference.

Because there's typically a two- to three-year lag in the reporting of suicide data, statistical evidence of a correlation between the recession and suicide attempts is not yet available, and a direct tie-in may never be proven.

"All we have is anecdotal reports, and the media picks up on these things, because everyone suspects there's going to be an effect," Berman said. "I would caution against rushing to judgment on it.

"That's not to say it couldn't be a factor. But the economy has affected millions of people in this country. To commit suicide, somebody would have to have a lot more going on. (Financial stress) is not a sufficient explanation."



Daily News research
Updated: 09/17/2009 09:43:53 PM PDT

Other slayings
Parents killing kids


Wednesday: Thuy Le, 38, of Garden Grove, is suspected of stabbing her 3- and 5-year-old daughters with a kitchen knife at a cousin's home in Westminster, then stabbing herself. The 5-year-old girl has been placed on life support but is expected to survive. The 3-year-old girl suffered superficial wounds. Authorities said they plan to charge Le with attempted murder.

Sept. 2: Diana Moreno, 17, and Edith Moreno, 11, die when their throats are slashed at their North Hollywood home. Their mother, Antonia Gomez, has been charged with capital murder. She pleaded not guilty during a hearing Thursday.

Jan. 27: Ervin Lupoe of Wilmington kills his wife and their five children before turning the gun on himself. Lupoe and his wife, Ana, had just been fired from their jobs as medical technicians at Kaiser Permanente Medical Center in West Los Angeles.

Dec. 24, 2008: Bruce Jeffrey Pardo, of Sylmar, dressed in a Santa Claus costume, commits suicide after killing nine people at a Christmas Eve party at the Covina home of his former in-laws. An unemployed aerospace worker, Pardo had recently divorced.

Oct. 6, 2008: Karthik Rajaram, an out-of-work financial analyst, kills his wife, three sons and mother-in-law before committing suicide in their rented home in Porter Ranch.

May 2008: Five members of a close-knit Turkish-American family in San Clemente die in what authorities say was a suicide pact. A motive was never determined.

Feb. 23, 2008: Orland Cho, 41, killed his wife and three of his children in their Yorba Linda condominium before turning the shotgun on himself. A 14-year-old stepson was shot but survived.

Tuesday, September 8, 2009

What happens when a mom is alleged to "alienate"

Click on the title to watch a custody court at work.

Sunday, September 6, 2009

Court-ordered child abuse

In this news story, an adult who was given to the custody of an abusive parent by a California court, writes of being forced to commit crimes. To read that letter, click on the title above.

Sunday, August 30, 2009

StopFamilyViolence.org reports bias in court decisions

Irene Weiser at StopFamilyViolence.org, writes:

We're uncovering what seems to be a national trend of murders that occur
during divorce proceeding and/or custody disputes.

More often than not, it's the man who kills the women and/or children, but
we've certainly seen it go the other way too.

In one way or another it relates to the disturbing trend of court's not
believing the mother's allegations of abuse, and favoring the (abusive)
father.

See our collection of stories on this topic here:

http://www.stopfamilyviolence.org/get-informed/custody-and-abuse/news-on-custody-abuse

(Or click on the title above to reach this link.)

About the mother and child pictured at the top

On February 21, 1992, Rhode Island Family Court's Chief Judge Jeremiah Jeremiah gave this two-year-old to the sole custody and possession of her father despite his history of domestic violence and failure to pay child support. The father, a police officer, brought false charges against his ex-wife, first saying she was a drug addict. (Twenty-two random tests proved she was not.) Then he had her arrested for bank fraud, then for filing a false report, then for sexual abuse, then for kidnapping. None of his charges stuck.

The child remained with her father and stepmother until 2003, when, at 14, she finally realized that her mother had not been a drug addict. The teenager persuaded Judge Stephen Capineri to let her return to her mother. There she began working on the painful issues of lifelong coercion and deception--a tangled knot of guilt and rage. Most painful has been her father’s continuing refusal to let her visit two dearly loved half-sisters, whom she has not seen since 2003.

She is one of countless children in Rhode Island subjected to severe emotional and physical trauma by Family Court when it helps abusive parents to maintain control over their families after divorce. When she turned 18 in 2007, she gave the Parenting Project permission to publish her picture on behalf of all children who have been held hostage by Rhode Island custody scams.

We are using this blog to provide links to stories that will help concerned people, including government officials, become aware of this form of child abuse and legal abuse. We must work together to improve the courts' ability to recognize the signs of post-traumatic stress disorder (PTSD) in victims of domestic abuse who are trying to protect their children.

PLEASE NOTE: If you are looking for the story of the removal of "Molly and Sara," please visit http://LittleHostages.blogspot.com


About the Author and the Cause

Parenting Project is a volunteer community service begun in 1996 at Mathewson Street United Methodist Church, Providence, RI, to focus on the needs of children at risk in Family Court custody cases. Our goal is to make Rhode Island's child protective system more effective, transparent, and accountable.

The Parenting Project coordinator, Anne Grant, a retired minister and former executive director of Rhode Island's largest shelter for battered women and their children, researches and writes about official actions that endanger children and the parents who try to protect them. She wrote a chapter on Rhode Island in Domestic Violence, Abuse, and Child Custody: Legal Strategies and Policy Issues, ed. Mo Therese Hannah, PhD, and Barry Goldstein, JD (Civic Research Institute, 2010).

Comments and corrections on anything written here may be sent in an email with no attachments to parentingproject@verizon.net

Find out more about the crisis in custody courts here:

www.centerforjudicialexcellence.org/PhotoExhibit.htm
www.child-justice.org
www.leadershipcouncil.org
www.evawintl.org provides forensic resources to end violence against women

about domestic violence in hague custody cases:
www.haguedv.org

more about domestic violence in law enforcement:
http://behindthebluewall.blogspot.com/



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