Mother Denied Due Process By Judge Shawn L. Briese
Parenting News Network™
Bizarre quote by abuse denier Richard Gardner who promoted child custody theories such as Parental Alienation that cover up child abuse
Linda Marie Sacks of Volusia County was denied a fair hearing and was not allowed to have an expert witness testify again on Tuesday, April 20, 2010. This is one more example of how women and children are treated in family court. Mothers are repeatedly denied due process when trying to submit evidence of abuse. Wealthy fathers use aggressive attorneys who do mostly whatever they want in court and often get away with it. One of this father’s lawyers is such good friends with Judge Shawn Briese that one time years ago Judge Briese said that he needed to recuse himself due to the relationship. When the mother’s legal representation accepted the recusal, Judge Briese then unrecused himself.
Besides his lawyers, this father had involved some of the most powerful psychologists in Florida to also repeat his version of events and use the old victim blaming scam. Psychologist Deborah Day had her own business associate Dr. Alan Grieco do the evaluation to claim that this father’s sexual behavior was within “normal limits” as if a paper and pencil test can tell whether or not sexual abuse actually occurred. No paper and pencil test can give this information. The only use that these psychologists have is to obscure the evidence that the children have made vivid disclosures as well as the father’s own admission to certain inappropriate behaviors such as wiping down the vaginas of school age girls.
From the website of Psychological Affiliates, a group of mental health professionals established by Deborah O. Day, Psy.D.
http://psychologicalaffiliates.com/pa-staff-alan-grieco.asp
Dr. Grieco conducts psychological and psychosexual evaluations (See Services For More Information), often at the request of a defense attorney whose client has been accused of a sexual offense. He is also available for courtroom testimony.
Since when would a psychologist who advertises excusing away sexual abuse be appropriate to have opining regarding the well-being of children? The psychologists that the father wanted are allowed submit opinions, but an expert trying to present actual evidence is not allowed to speak in Judge Shawn Briese’s courtroom. Where is the concern for these “MOTHERLESS” children?
PRESS RELEASE April 21, 2010
Daytona Beach – Despite a state law requiring judges to hear any evidence of child abuse, a Volusia County Judge refused to allow the testimony of a Melbourne psychologist ready to tell the court that she believes two Ormond Beach teens are victims of child sexual abuse.
Clinical Psychologist Dr. Kathy Pearce was subpoenaed to court yesterday for a scheduled custody hearing concerning the teens before Volusia County Judge Shawn L. Briese. But the hearing, which began Monday, was again postponed after Briese ruled the mother must first submit to a deposition by opposing council. “This is the third time I’ve tried to testify before this judge and he does not let me,” said Pearce, who has often been an expert witness in child sexual abuse cases.
The mother, pro se litigant Linda Marie Sacks, subpoenaed Pearce for a hearing, scheduled six months ago, to reunite with her children. But Judge Briese changed his mind Monday morning about allowing the hearing and instead ruled the mother must first submit to a deposition by the father’s attorneys. For the past three years Sacks has had only two hours a month of supervised visitations with her daughters.
Sacks filed for a divorce in 2004 after her daughters began acting out sexually. The eldest daughter, at age 8, drew a picture of the father as an erect penis during a therapy session and made an outcry during Sunday School that she had performed a sex act on her father. Sacks has spent six years in the family court trying unsuccessfully to protect to her daughters.
On Tuesday 4/20/10, Sacks filed a pro se emergency motion requesting the judge listen to Pearce’s testimony concerning the children’s safety during her originally scheduled hearing time.
Pearce planned to testify about case notes from the children’s therapist’s file that Pearce reviewed for the first time Monday. “I had seen the summary of her (the therapist’s) files but I had never seen her actual notes,” Pearce said. “There was much more there than I ever knew.”
Pearce said she immediately called Florida’s sexual abuse hotline.”I’m required to by law,” said Pearce, noting that the state officials accepted the report. “She told me a DCF investigation would begin immediately.”
About four years ago, Pearce said she heard Briese say from the bench that the sexual abuse against Sacks children must not be true because none of the professionals reported the abuse. “I thought gee, he’s misinformed,” Pearce said. “I’ve been trying to set the record straight with this judge ever since without success.”
Florida Custody Laws 61.13 (2)(b)1. states that all judges “shall consider evidence of domestic violence or child abuse as evidence of detriment to the child” and 61.13 (3) “the best interests of the child shall include an evaluation of all of the factors affecting the welfare and interests of the child including, but not limited to: (1) evidence of domestic violence or child abuse.
But, during the 7-minute hearing, Briese refused to hear the testimony, refused the mother’s emergency motion to allow the witness to testify or to allow the scheduled hearing on the mother’s motion for unsupervised visitation and total contact to minor children to take place.
Judge Briese told the mother until she is deposed, she will not be allowed to present her case on being reunited with her daughters or have any witness testify regarding documented abuse regarding her daughters and their safety. The next scheduled hearing is to continue at 8:30 a.m. April 27, 2010 and Sacks plans to in the courtroom and wonders when will she ever have a fair hearing and will justice ever prevail for children.
For more information please contact:
KATHLEEN RUSSELL
KATHLEEN RUSSELL CONSULTING
1346 4th Street San Rafael, CA 94901
Cell 415.250.1180
Main415.459.9211
Fax 415.459.9210
Telling Stories, Moving Mountains
Kathleen Russell
415.250.1180
Center for Judicial Excellence
1206 3rd Street
San Rafael, CA 94901
