Two New Columns, Simpson Case Led to
Harmful Domestic Violence Policies

December 12, 2006

 
James Kim: Hero Father

From the San Francisco Chronicle article Stranded father's heroic last hours: He crawled, climbed through 5-mile canyon, left trail for rescuers (12/7/06):

"James Kim put himself through a desperate ordeal, climbing down a ravine over boulders and logs, though nearly impenetrable brush and in and out of an icy creek, in what one rescue leader called a 'superhuman' effort to save his family.

In the end, his exhausting trek took him in a big, oval-shaped loop to within half a mile of where Big Windy Creek empties out into the Rogue River in the southern Oregon mountains.

"It was there, surrounded by towering cliffs, that the body of the missing San Francisco man was spotted just after noon Wednesday. He was found floating in the middle of Big Windy Creek, 11 days after his family's car became stuck in the snow on a side road and four days after he ventured off to look for help.

"The death of Kim, 35, came as a blow to rescue workers, two of whom broke down in tears while talking about his heroics.

"'We are devastated,' said Josephine County

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Undersheriff Brian Anderson, his eyes moist and his voice cracking. 'I'm crushed.'

"In the end, Kim's circuitous hike took him to within a mile as the crow flies from the spot where he had left his stranded family in their car. Rescuers said that if he had continued down the road in the direction he was driving when the car became stuck on Nov. 25, he would have reached a lodge and almost certain safety.

"About 100 rescuers from seven counties, two federal agencies and the Oregon State Police had searched for Kim since his wife, Kati, and two young daughters were found alive Monday with the car. His family had rented three helicopters and arranged for care packages to be dropped in Big Windy Creek canyon, where searchers had focused their efforts after finding his tracks and articles of clothing and a torn-up map that Kim apparently was leaving as a trail.

"Even a satellite was moved in space so it could be used in the search. Kim died after picking his way nearly to the end of the steep, 5-mile canyon in the Siskiyou National Forest west of Grants Pass. Wearing tennis shoes, a jacket and sweater, he had left his family on Saturday, following a logging road back the way the family had come, winding around a ridge, first south, then west.

"After walking 3 to 5 miles along the road, he turned east into the ravine, apparently to follow the creek in the hope that it would lead down to homes.

"That used to be a recommended survival tactic, but it has fallen out of favor because people who try it usually become more susceptible to hypothermia.

"Trackers followed Kim's footprints through dense forest and over slippery boulders from one side of the creek to the other.

"'I can only describe him as an extremely motivated individual,' said Joe Hyatt of the local Swift Water Rescue Team, which tracked him along the creek bed. 'There were areas where the only option for us to pass through was to enter the water and physically swim.'

"Kim was almost certainly dripping wet. It's not known whether he realized he was approaching the Rogue River, but authorities said he wouldn't have found civilization even had he made it to where the creek empties out.

"'Based on what the searchers were describing, the terrain they were working in, it seems superhuman to me,'' Anderson said of Kim's effort.

"A helicopter crew spotted Kim's body in the creek at a place where the terrain becomes impassable on both sides because two sheer cliffs line the water.

"'He was probably too weak to get back up out of there,' Jackson County Sheriff Mike Winters said.

"Had Kim known to go the other way down the logging road from the start, he soon would have come to a fishing and rafting resort known as Black Bar Lodge. It was vacant for the winter, but rescuers checked it several times, Winters said.

"'I admire his effort, I truly do,' Winters said. 'He has a lot of intestinal fortitude. He comes from the city without a lot of outdoors experience, and he was thinking on his feet, he was very meticulous. ... He had a strong will to survive.'

"Kim's body was taken to the Oregon State Police Crime Lab, where a medical examiner will determine the cause and time of death. Autopsy results could be released as soon as today.

"Earlier Wednesday, authorities said Kim had been leaving clothing and bits of maps in the canyon, apparently as a trail for searchers to track.

"'He was motivated -- I mean, we were having difficulty in there,' Anderson said. 'That was what has been so frustrating; we couldn't seem to get in front of him.'
 
"The discovery marked the end of a saga that was closely watched in San Francisco, where Kim worked as an editor at the tech news site Cnet, and around the nation.

"Kim left his wife and two daughters early Saturday to look for help a week after the family became stranded off Bear Camp Road in the mountains between Grants Pass and Gold Beach. Kati Kim, 30, and daughters Penelope, 4, and 7-month-old Sabine remained with their car, 15 miles from Bear Camp Road, and were spotted and rescued Monday.

"Oregon State Police Lt. Gregg Hastings said that 'the commitment by those involved in the search for Kati, for the kids and for James has gone nonstop around the clock. This is obviously extremely tough on those who have had an emotional commitment over the last several days here.'

"Winters said he admired the love and intense commitment Kim's father, Spencer Kim, showed for his son.

"'He was there, he was relentless in his support of us, and when he looks you in the eye and says he is depending on you...' Winters' voice cracked, and he turned away to hide his tears before choking out, 'It's tough.'
 
"Spencer Kim paid for 18 care packages that were dropped in the area this week. Each package included clothes, a wool blanket, gloves and other survival items, and each contained a letter from Kim's family.

"The Kims left San Francisco on Nov. 18 for a combined vacation and work trip for James Kim. They spent Thanksgiving in Seattle with family, then went to Portland, Ore., where they had brunch with a friend Nov. 25.

"The family then left on their way to a stopover in Gold Beach. At 8:30 that night, they ate dinner in the central Oregon town of Roseburg, where authorities say they intended to take state Highway 42 over to the coast.

"But they missed the turnoff, consulted a map, and decided to drive the 55 miles down Interstate 5 to Grants Pass. There they turned onto Bear Camp Road, which is lightly traveled even in the summer and often is closed in the winter.

"It was stormy, and around the 2,300-foot elevation, about 50 miles from their intended destination, James Kim turned off onto the logging road, apparently by mistake. They were soon winding up the mountains, hopelessly lost, authorities said, and finally became stranded in snow.

"The Kims ran the engine of their station wagon to power its heater, and when the gas was gone, they burned the tires. They ate what little food they had, and Kati Kim breast-fed her two daughters.

"Kati Kim and her daughters were spotted Monday afternoon by a private helicopter pilot."

To follow Kim's path using Google Earth, click here.


Late Note: Kim Walked 16 miles, not 10, Before Dying in Oregon Mountains

From the Associated Press:

"James Kim walked more than 16 miles before he died trying to save his stranded family in Southern Oregon's rugged Rogue River Canyon--six miles more than was originally thought, a search official said Saturday."

Read the full article here.


Oregon Logging Roads...

Apparently the Oregon logging road that Kim accidentally turned on to was supposed to be gated for the winter but the gate had been unhitched by vandals. I'm from Los Angeles but I attended the University of Oregon in Eugene. A college friend of mine grew up in Oregon and knew the state like the back of his hand. We often camped out together out in the middle of nowhere, following endless winding logging roads and going to beautiful, out of the way places to set up camp. I used to tell him--only half kidding--that if something happened to him I'd never make it back alive. Sadly, I can understand, at least a tiny bit, the confusion that Kim must have felt and the odds he faced.
 

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New Column: Simpson Case Led to Harmful Domestic Violence Policies

My new co-authored column, Simpson Case Led to Harmful Domestic Violence Policies (Riverside Press-Enterprise, 12/5/06), discusses the way the Simpson case pushed the domestic violence system way out of balance, stacking it unfairly against men.

Family law attorney Jeffery M. Leving and I wrote:

"The OJ Simpson 1994-1995 double murder trial and the recent controversy leading to the cancellation of Simpson's book mean different things to different people. For some, they are a symbol of America's racial divide. For others, they reflect the problems in our judicial system. Yet the most important and enduring aspect of the Simpson case is one which is rarely discussed--its dramatic effect on domestic violence policies, particularly in California.

"In 1995 and 1996, California passed nearly two dozen domestic violence-related bills and doubled its funding for domestic violence programs. Some of these new laws and initiatives improved the domestic violence system, some were questionable, and some have been very harmful.

"SB 591 mandated that all law enforcement agencies implement mandatory/presumptory arrest policies which virtually require officers to make arrests when responding to domestic violence calls. SB 1944 introduced the 'dominant aggressor' doctrine as a way of encouraging officers to arrest men, not women. Many California District Attorneys adopted 'no drop' prosecution policies. 

"These three were a direct and understandable outcome of the Simpson case. In the late '80s, police had come to Simpson's home on 911 calls for eight separate incidents before finally arresting him. Simpson received little punishment, and many later concluded that if the system had been tougher on him, perhaps the killings could have been prevented.

"These policies have led to large numbers of arrests and prosecutions in cases where it is questionable whether the men actually committed any abuse. In a report in the California legal publication Daily Journal detailing attorneys' frustration with these policies, Pacifica criminal defense attorney Dave McDonald explains that now '[Domestic violence] is a political hot potato...The Legislature is saying, 'Prosecute, prosecute, prosecute'...They prosecute everything.' John Digiacinto, head of the San Mateo County Bar Association's Private Defender Program, asserts, 'There are cases of pushing and shoving that are treated like the crimes of the century.'

"Reflecting the questionable nature of many of these arrests and prosecutions, the Daily Journal report explains that many 'victims' do not want their husbands or boyfriends prosecuted. Digiacinto criticizes the system's 'craziness [with] spouses calling in complaining because [the defense lawyer] can't get the case dismissed.'

"Certainly there are instances where the defendant really did batter his wife and she later recants her previous allegations. However, many prosecutors refuse to acknowledge that sometimes women want the charges dropped because the "violence" never happened, was marginal, was mutual, or was actually perpetrated by the woman. The report notes:

"Domestic violence units have adopted aggressive policies, refusing to drop the cases even when the victim refuses to cooperate."

Read the full article here.
 

'Certainly there are instances where the defendant really did batter his wife and she later recants her previous allegations...'

In case anybody needs an example of my assertion that "certainly there are instances where the defendant really did batter his wife and she later recants her previous allegations," when I wrote it I was thinking of my least favorite baseball player--wife-beating Philadelphia Phillies pitcher Brett Myers. I discussed the Myers case in my co-authored column Brett Myers Case Obscures an Important Truth About Domestic Violence Arrests (Delaware County Daily Times [Philadelphia], 8/2/06).


Family Law Attorneys and Domestic Violence Policies

In the column we discussed California's AB 840, also passed in the wake of the Simpson case. AB 840 allowed restraining orders--which are given out in an assembly-line fashion with little or no evidence required, and are often made permanent despite little evidence--to be considered findings of abuse. This makes the restrained person ineligible for joint custody of his children after divorce. The bill made it easier to use restraining orders as a tactical weapon in custody battles.

Mike Robinson of the California Alliance for Families and Children, which does good work in Sacramento to protect children's right to maintain a relationship with both parents after divorce or separation, sent me an interesting note after the Simpson column came out. According to Robinson, the following groups and individuals were listed in opposition to AB 840:

Family Law Section of the State Bar; California Judges Association; California Judicial Council; Coalition for Parent Support; Leslie Ellen Shear, Attorney at Law; Commissioner Bobby Vincent; David Kuroda, LCSW, former Division Chief of the Mediation and Conciliation Service, Family Court Services of the Los Angeles Superior Court.

Like me, Robinson is weary of the "blame it all on the lawyers" mentality so prevalent in our movement. Many play "Blame it all on the lawyers" because it's more politically palatable than addressing the real opponents of shared parenting--vindictive women and their misguided women's advocate enablers. Lawyers (sometimes) are handmaidens to the destruction of the family, and certainly do deserve some of the blame. However, lawyers only act at the behest of their clients--if a divorced dad can only see his kids a few days a month, it's because of his ex-wife, not her lawyer. And there are countless family law attorneys who have worked hard to protect divorced fathers' relationships with their children.

As the American Coalition for Fathers and Children recently pointed out, Bar Associations are sometimes the enemies of shared parenting, as recently evidenced in North Dakota and Michigan. But, as the ACFC also asserts, it would be a big mistake to view family law attorneys as a hostile monolith.


Write a Letter to the Editor

To write a Letter to the Editor of the Riverside Press-Enterprise, a 200,000 circulation newspaper in the greater Los Angeles area, regarding  "Domestic-violence laws pummel men" (12/5/06), click here. If your letter is published, let me know and I will link to it from a future enewsletter. 

Fathers' Rights Legal Help
If you need help with divorce, child custody, child support, alimony and visitation issues, The Law Offices of Jeffery M. Leving, Ltd. is one of the only law firms in the country focused almost exclusively on fathers' rights in divorce. Leving did heroic work on the Elian Gonzalez case, helping reunite Elian with his father. He also co-authored Illinois' Joint Custody Law, and was named one of "America's Best Lawyers" by Forbes Radio. Leving is the author of Fathers' Rights: Hard Hitting and Fair Advice for Every Father Involved in a Custody Dispute. Call today for an initial consultation (312) 807-3990 or visit us on the web at www.dadsrights.com.

Help, Resources for Dads
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New Column: Rise in Out-of-Wedlock Births Is Bad News for America's Kids

In my recent co-authored column, Rise in Out-of-Wedlock Births Is Bad News for America's Kids (Washington Times, 12/4/06), family law attorney Jeffery M. Leving and I wrote:

"The recent announcement from the National Center for Health Statistics that the out-of-wedlock birth rate is at an all-time high is bad news for America's children. It would be easier to understand, perhaps, if it were naive teenage mothers who were creating this trend. However, according to the new NCHS study, the trend--which is creating 1.5 million babies a year--is being driven by adult women, many of whom are in their 30s and 40s and are choosing single motherhood. They should know better.

"There are various popular interpretations of the out-of-wedlock trend. One is to blame men who, we are told, routinely impregnate naive, hapless women and then abandon them. However, given modern women's birth control and reproductive options, when women have children outside of marriage, it's usually because they want to.

"Nevertheless, our society often goes to great lengths to see unwed mothers as victims. The highly-publicized Fadia Ward case provides a good example. Ward founded www.sorryassbabydaddies.com to publicly shame 'deadbeat dads' and 'take their manhood away.' She has appeared on ABC News Now, Black Entertainment Television, BBC Radio, Good Day Philadelphia, and many others, and has been portrayed as a heroine in numerous newspaper articles. Few have challenged her assertion that she bears no responsibility for her situation, even though she had four children by four different men by the age of 27...

"There are some unwed mothers who really are victims. As a society we're very aware of the ways some men misuse their power, particularly in the family. Now, however, it's time to take a hard look at the ways some women misuse their power. Needlessly creating fatherless babies is one of them.

Read the full article here.


Write a Letter to the Editor

To write a Letter to the Editor of the Washington Times regarding Birth trend travail (12/4/06), click here. If your letter is published, let me know and I will link to it from a future enewsletter. 

Finally What Child Support Payers Need
Child Support obligors face a stacked deck when squaring off against CS Enforcement's army of lawyers and agents, all pitted against some beleaguered father who's working 50 hours a week to pay his child support and support his family. The burden of proving compliance with court-ordered support falls on the obligor, not the custodial parent or the enforcement agencies. Very often fathers are forced to pay money they don't really owe, or are saddled with fake arrearages and the concomitant interest and penalties.

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How to Win Shared Custody
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Help for Colorado Dads
As someone who has personally experienced the heartbreak of divorce and family breakup, Brett W. Martin, Esq. works to advance the interests and concerns of fathers in domestic and family law litigation. Personal attention is given to clients to help them through a very difficult time in their lives. www.brettwmartin.com

The Alliance for Freedom from Alimony
The Alliance for Freedom from Alimony is searching for new members and tax-deductible contributions. Membership is $25/year. This is the leading nonprofit working to reform alimony laws. Anyone can sign up for its web forum free of charge by clicking here.


Thanks, Soldier... 

From Reform laws to protect military parent rights in the Tucson Citizen (12/4/06):

"Regarding the Nov. 9 guest opinion by Jeffrey M. Leving and Glenn Sacks, Service members' parental rights protections long overdue:

"I'm a divorced American soldier who wasn't given joint custody of his children because of his deployment to Iraq. While I was in Iraq, my ex-wife managed to get a modification hearing to raise my child support while I was still 'in-country.'

"The state in question not only raised my child support but assessed an additional 30 percent of the child support because I was an 'absent father.'

"When I returned home, I had a $1,400-per-month child support payment to maintain while I had to wait nine months for the courts to reduce what I owed back to the amount of pay I normally made.

"I was put $6,000 in arrears because I went to Iraq and fought a war for my country. It is true that Washington, D.C., and those on Capitol Hill are indifferent to the plight of the men and women in uniform who have children from other relationships. They are indifferent to men and women in uniform who lose custody of their children because of their services overseas.

"I wrote two senators from my state, Michigan, and I was blown off. There is no response from their office on the issue. There needs to be federal legislation or an addendum to the Soldier and Sailor Relief Act to keep the states from taking any legal action on custody and child support until the servicemember returns home.

"The common slur out there is that military members are men who drink and beat their ex-wives and do not contribute enough to the support of their children. So there is an 'emergency' to take the servicemember to court and take everything possible from the service member, including their children.

"Continue doing what you are doing. I'm 100 percent behind your efforts.

"Sgt. David Hinton
1st BCT, 3rd Infantry
Fort Stewart, Ga."


A Brief Reflection on Pearl Harbor Day

The 65th anniversary of Pearl Harbor was a few days ago. While historians can make any historical event seem inevitable even when it clearly wasn't, one still has to wonder what Japan's leaders were thinking. My teenage son and I sometimes play a war game called "Axis and Allies Pacific." Because I like to give him a built-in advantage, he takes the U.S. and I take Japan. The game starts right after Pearl Harbor.

My tasks with Japan are almost impossible. I'm hopelessly behind in productive capacity, so I have to overrun a good part of Asia and the Southern Pacific in order to build up my resources base. This still leaves me way behind the U.S. in production, and leaves most of my Navy and soldiers a thousand miles away as my son advances on me with the U.S.

My troops are always under-armed and stuck on islands whose sea lanes are cut off. If I engage my son he just wears me down in a war of attrition, knowing I can't match his economic power. If I don't engage, he strangles Japan. On top of that, I have to fight the damn British, who have bases in Australia and India and a not insignificant Navy. I launch Kamikaze attacks but it's way too little, too late.

From a strategic perspective, I wouldn't have wanted to have been Admiral Tojo...

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A Child's Right
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Anti-Father Outrage

Psychologist Gordon E. Finley makes a great point in a recent Letter to the Editor of the Miami Herald. Finley is discussing the Yang case, wherein a Miami-area woman slashed the throat of her two year-old son. To see an Associated Press article about the case, click here. Finley writes:

"Regarding the Dec. 5 story Dad of slashed toddler craves answers: Unbelievable -- we have a 4-month-old infant whose mother allegedly had just slashed his older brother's throat and a stunned, grieving father.

"In response, the state Department of Children & Families 'asked Judge Ellen Sue Venzer to allow the agency to keep Brandon a day or two extra -- to ensure his father would not harm him.' (emphasis added)

"What's wrong with this picture? First, the infant would be safer with Attila the Hun than with DCF. Only fathers and men are so contemptuously maligned by DCF.

"I thank Venzer for using common sense in granting a father the opportunity to grieve with his infant rather than alone."

So typical--mom butchers her little toddler and anti-male Department of Children & Families is worried about dad. As men, we're always the first suspects.

I discussed the anti-male bias in the child protection system in my co-authored column New Report: Foster Care System Disregards Fathers (Boston Globe, 6/8/06) and also in my enewsletter commentary Los Angeles Foster Care Outrage--Father, Daughter Separated for 10 Years. Another good example of "mom brutalized her kids so let's blame dad" was, of course, the Andrea Yates case. To learn more, see my column In Defense of a Flawed but Decent Russell Yates (Houston Chronicle, 3/11/02).
 

Help for Midwest Fathers
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Civil War - A Father's Guide to Winning Child Custody
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Collecting Evidence to Fight False Allegations

We've discussed many times how false allegations of domestic violence are used as custody maneuvers. The website DontMakeHerMad.com details some interesting surveillance options for men (or women) who are in contentious pre or post divorce situations and who want to protect themselves from false allegations.

Their motto is "If lies could put you in jail, you must survail," and it's a hard one to argue with. I know some will say "but these things are sneaky and sometimes even illegal." I'm not advising anyone to do anything illegal, and I don't like anybody being sneaky. Yet the wrong committed to defend yourself is a drop in the bucket compared to the terrible crime committed by false accusers. All day long I receive letters from men who've lost their children and had their lives devastated by false allegations--I won't be losing any sleep over advising these men to defend themselves.

This technology is very useful and is also interesting--I was not aware that many of these devices even existed.

One device, the Bluetracker, helps men avoid a trap that some women try to set by creating situations where they obtain restraining orders then stalk the men so they are in violation of the court order. Some men, who have been served with a restraining order, are unfairly framed for violating that order. The female "victim" follows him as he goes about his business, he being no threat to her. She then secretly spots him somewhere, like a supermarket or a cafe, and calls police on her cell phone telling them that he has stalked her to that location. He is then jailed for violating his no-contact order. Bluetracker enables men to make sure they are within their rights. If the woman is carrying a cell phone that is enabled with Bluetooth technology, you can set your own cell phone to detect when they have come nearby. Your cell phone can then alert you, in time for you to quickly leave the area before you can be framed.

(To learn more about this problem, see my co-authored column Letterman Case Shows Problems with Restraining Orders (Albuquerque Tribune, 1/17/06).

There are also many clever recording devices available. Button cams are hidden video cameras built into buttons that you sew onto your clothing. Some button cams record both video and audio. When buying a button cam, the seller will usually include several other identical buttons so that the button cam blends in with the rest of clothing. The camera is so small that it is powered by a 9-volt battery. It can either transmit a wireless signal to any recorder within range, or connect with a wire directly to a miniature recorder in your pocket.

Button cams can be used in conjunction with miniature recorders. Miniature recorders are tiny electronic video recorders that are small enough to fit in your pocket. They store video either to a tiny hard drive, or to a tiny storage chip called an "SD card." The video is stored as digital files that can be uploaded onto a computer.

Tiger Electronics makes a miniature recorder that is technically made for kids, but is perfect for recording surveillance and is very inexpensive. This recorder is perfect when you need to prove child abuse by an adult (including parental alienation tactics by bitter ex-wives against non-custodial fathers), but cannot do so without the child's assistance. In the hands of a child, this recorder will seem (to unknowing adults) like a harmless toy. In the hands of an adult, it could be a potent tool in exposing the truth of an abusive woman.

Voice recorders can also be embedded into Wrist Watches. They usually play MP3 files, and are not specifically surveillance devices. They can record enough for 2-4 hours of audio, either continuously or in separate files. The recording quality is about the same as a tape recorder and its biggest advantage is that it is body-worn and therefore always available.

Pens are also clever miniature recorders. They are actually real pens that write with ink but also record audio. They are stainless steel, with a few buttons down the side. They might be especially useful when in plain sight, in close range of a sound source. You retrieve the audio by taking off the top half of the pen and plugging it into the USB slot on your computer, where it becomes a virtual hard drive containing audio files.

How to Stop a Dirty Divorce
Many fathers are very naive when they walk into family court, and the results can be disastrous. Family Law Attorney A.J. Comparetto's Ultimate Guide to Stopping a Dirty Divorce teaches you the Dirty Divorce tricks before they are played on you. It's a series of cassettes and videos which teaches you what judges really want to hear from you in court, how to keep your words from being twisted by attorneys, and how to keep your kids from being caught in the middle. www.divorceproblems.com.

Concerned about Financial Issues in Your Divorce?
If you're concerned about financial issues in your divorce, contact Jim DiGabriele of DiGabriele, McNulty & Co by email here or at 973-243-2600.

Los Angeles Dads--Free Legal Consultation on Your Case
If you are involved in a divorce, domestic violence, paternity, child custody or support case in the greater Los Angeles area, call Stephen A. Gershman to schedule your FREE initial one hour consultation at (888) 295-1756 or (818) 990-6505. Gershman is certified as a Specialist in Family Law by the Board of Legal Specialization of the State Bar of California. He is an experienced attorney, over 25 years, who will competently and aggressively defend you against unjust domestic violence restraining orders or unfair financial obligations. When Parental Alienation or custody is an issue, he will help you protect your relationship with your kids. www.losangelesfamilylawyer.com  

 
An Amazing Achievement

My parents celebrated their 44th wedding anniversary this week. My father joked "it shows what the human mind is capable enduring." Growing up I never realized how lucky I was to have two parents who loved each other and stuck out the rough times together.


Wisdom of Our Fathers

As I mentioned after my co-authored column America's Father Hunger (World Net Daily, 10/13/06) came out, a new feature on my enewsletter for the near future is an excerpt from Tim Russert's Wisdom of Our Fathers. This week's excerpt is "Mr. Strawberry" from Joseph Harrison Kelly of Bordentown, NJ, about his father, Joseph Harold Kelly, a store owner (1925-2003).

"When I was ten and helping out my dad's liquor store, a man walked in looking disheveled and confused. He told Dad he had no money, his car had broken down, and he was trying to get home. Without hesitation, my father gave the man twenty dollars and called him a cab.

"'Dad,' I said, 'that guy was a bum. Why did you do that?'

"He said he could see from the man's eyes he was telling the truth and was in trouble.

"The following Christmas Eve, flowers were delivered to our business, addressed to Joseph Kelly and his son, wishing us a merry Christmas and signed Mr. Strawberry. For the next forty years, the flowers came without fail. I finally asked Mr. Strawberry, who had become a regular customer, why he sent us flowers every year. He told me that on one of the worst days of his life, on one of the hottest days of the year, his car broke down and he, a black man, was then mugged by three white teenagers while he was trying to get help. His insulin was low, he was dazed and confused, nobody except Dad was willing to help him, and he would remember that as long as he lived."
 

Steven Carlson's How to Win Child Custody
Are you contemplating divorce or separation but are unsure about how child custody will be determined or what you can expect from attorneys and the family court system? Knowing these things can help you win custody. Steven Carlson is known nationally as The Custody Coach, and has helped thousands of parents with child custody and custody evaluation. He is the author of "How to Win Child Custody" and the founder of Child Custody Coach in Orange County, California. Don't get caught unprepared, download your copy of "How to Win Child Custody" today.

Help for Boston Dads
Boston family law attorney Nick Palermo is a shared custody advocate who believes that divorced dads are parents, not visitors. The Law Offices of Nicholas Palermo is a dedicated and committed trial law firm which has worked to make shared custody for all fit parents the law of the land. LAW OFFICES OF NICHOLAS PALERMO

Expose False Allegations with Technology
Don't let the anti-male bias in criminal law victimize you. If you could be falsely accused by an angry woman, be prepared! Use technology to expose the real aggressor. DontMakeHerMad.com

New Jersey Divorce and Family Law
New Jersey family law attorney David Perry Davis, Esq. can help you through your divorce. In Pasqua v. Council (2006) Davis successfully challenged New Jersey's unconstitutional practice of failing to appoint attorneys for indigent child support obligors at enforcement hearings where they face incarceration. As a result of this suit, trial courts must apply the same standard used when a defendant requests a public defender in a criminal matter. www.dpdlaw.com

Without Honor
Has the family court system failed you? Without Honor is the true expose of one man's journey in the Rancho Cucamonga, California Family Law court system. It chronicles the destruction of a man's life at the hands of unethical attorneys and judges, who carry out their operations under the guise of equitable, established law and the facade of respectability. Order Without Honor by clicking here.


Column: Coercive Abortion Prevention Act Assumes Male Guilt, Opens Door to Unfair Prosecutions

My recent co-authored column, Coercive Abortion Prevention Act Assumes Male Guilt, Opens Door to Unfair Prosecutions (Detroit News,11/30/06), discusses an incredible--and incredibly bad--new bill which was passed by the Michigan House of Representatives. We squared off against Suanne Thompson, legislative liaison for Right to Life of Michigan, whose counterpoint was Women need protection from undue pressure to have abortions.

I've made the point many times that our movement has advanced slowly in part because we face opposition from both sides of the political spectrum. While most of the anti-male prejudice in our society comes from the feminist left, the CAPA is an excellent example of the way conservatives also bash and blame men, and try to shift blame for society's ills onto us.

Family law attorney Jeff Leving and I wrote:

"Bob and Jane live together and, like many young couples, they sometimes argue. There never seems to be enough money, and while they both want to go to college, neither has yet been able to do so. Jane recently discovered that she is pregnant.

"Jane is ambivalent about the pregnancy, and her friends think she should terminate it -- she's too young, and Bob isn't very stable. Bob would like to be a father someday, but not now -- he can't pay their bills and wants a better career.

"One day Bob and Jane argue over some things Jane bought with their credit card, and Bob tells Jane he doesn't want to pay their bills anymore. He says he's tired of arguing with her, doesn't want her to have the baby, and wants to move out for a while and think things over.

"Under a bill recently passed by the Michigan House of Representatives, Bob could go to jail.

"House Bill 5882 creates the Coercive Abortion Prevention Act. Its purpose is to prohibit the putative father of a pregnant woman's child from coercing or intimidating the woman into terminating her pregnancy. While preventing violence or threats of violence against pregnant women is an admirable goal, the proposal goes way beyond this by interfering with constitutionally protected personal prerogatives.

"The proposal actually makes it a crime for a man to 'change or attempt to change an existing housing or cohabitation arrangement' with a pregnant significant other, to 'file or attempt to file for a divorce' from his pregnant wife or to 'withdraw or attempt to withdraw financial support' from a woman whom he has been supporting -- if it is determined that the man is doing these things to try to pressure the woman to terminate her pregnancy.

"This violates men's rights. The U.S. Constitution's protected liberty interests safeguard privacy in areas such as contraception, abortion, marriage, procreation, child rearing and sexual conduct between consenting adults.

"Do Michigan legislators believe these protections don't also cover the basic personal choices the proposal proscribes?

"The bill is also laden with unfair assumptions of male perfidy. There are many reasons why a man might be unhappy over his wife's or girlfriend's pregnancy, and consider ending his relationship with her. He may doubt that the child she is carrying is his. He may feel he was deceived into the pregnancy. She may lash out at him during her pregnancy-related mood swings, and he may take offense.

"A talented prosecuting attorney who may be looking for publicity could frame a man's decision as an attempt to coerce an abortion.

"The accused need not be convicted to suffer egregious harm -- the cost of criminal defense is often ruinous, and the emotional toll can be worse.

"The physical dangers from which House Bill 5882's supporters seek to protect pregnant women are real. It's debatable whether the bill's anti-violence provisions are good law, because the acts it specifies are already illegal.

"However, protecting women from violence is one thing -- punishing men for their peaceful, private conduct in their personal relationships is quite another."


A 'Thank You' for an Opponent

Ironically, I first heard about CAPA from feminist blogger Barry Deutsch. Deutsch and other feminists, including the National Organization for Women, oppose the CAPA because they feel it will hinder women's abortion rights. NOW's views on the subject can be seen in Kary Moss' column A new tactic to intimidate women (5/8/06). Moss is the executive director of the ACLU of Michigan.

In writing about the bill Deutsch wrote something like "I wonder why the men's rights people aren't upset about this bill?" Thanks for the heads-up, Barry.
 
Help for Maryland Fathers
Family law attorney Dawn Elaine Bowie works to protect parents' relationships with their children and reduce post-divorce conflict. She practices in Montgomery, Anne Arundel and Prince George's Counties. Contact her at attorneydawn@marylandfamilylawfirm.com or go to www.marylandfamilylawfirm.com.

Parenting Plan Calendar Software
Shared Ground (R) is an easy-to-use custody calendar software program designed for divorced families to track visitation schedules. Includes a built-in percentage calculator, schedule templates, free training and excellent customer assistance. Parents, attorneys, arbitrators and mediators can generate equitable parenting plans, which is especially useful for parents seeking fair division of their children's time. FREE TRIAL SOFTWARE AVAILABLE by clicking here.

How Does Sex Discrimination Affect Men and Boys?
The National Coalition of Free Men Los Angeles is a non-profit educational & civil rights organization that looks at the ways sex discrimination affects men and boys. NCFM-LA helps provide men a unified voice on important political and social issues. www.NCFMLA.org 


Anti-Male Conservative Fires Back

In the counter to our column, Suanne Thompson, legislative liaison for Right to Life of Michigan, wrote:

"News stories report, 'Couple kidnaps pregnant daughter, drove to New York to force her to abort'; 'Mother forced pregnant 16-year-old daughter to drink turpentine to induce abortion'; and the latest, 'Arkansas man raped teen, forced her to have abortion.'

"These coerced abortions are a few of the most recent ones we know about. Forced abortions are at epidemic levels, yet are concealed in secrecy. This secret assault on women needs to be discouraged.

"Sixty-four percent of post-abortive women surveyed indicated they felt coerced to abort, having no choice but to comply with the wishes of others.

"Surprisingly, the No. 1 cause of death among pregnant women is homicide. Pregnant black women are seven times more likely to be murdered than pregnant white women. Often times the woman's refusal to abort precipitates the crime. Boyfriends, husbands, parents -- the very people who should protect the health and welfare of their pregnant spouse or daughter -- are the ones who selfishly demand the baby be eliminated.

"When women are threatened to abort, up to 80 percent feel guilt, regret, loss and depression afterward, especially if the coercion violated their conscience. They subsequently have shorter relationships, more divorces, live in poverty, repeat abortions, experience substance abuse and many more risk factors. There is a solution to this secret assault on women...

"After months of researching and evaluating numerous medical journal studies and thousands of personal testimonies, a package of bills has been written that makes it a crime to coerce a woman to abort her baby against her will.

"This legislation, known as the Coercive Abortion Prevention Act (CAPA), is sponsored by Michigan women legislators. It would give women the backing they need to stand up and say, 'You can't force me; it's against the law.'

"For those bullies who refuse to live up to this standard and continue to violate women, this law will identify perpetrators and bring them to justice. Abortion clinic personnel will screen every woman for coercion. If she identifies herself as being forced to abort, the clinic personnel will follow intervention protocols and develop a safety plan that may include a call to law enforcement or to a domestic violence shelter....

"This legislation is revolutionary first in the nation. This can also be a coming together of all factions who are interested in rescuing women from harm."

Read the full column here.

Several of Thompson's claims are questionable, to say the least. I would love to know more about the study where "Sixty-four percent of post-abortive women surveyed indicated they felt coerced to abort, having no choice but to comply with the wishes of others." Probably it was a self-selected survey where they took a group of women who feel they were victimized in relation to abortion, surveyed them, and then passed off the results as an indicator of how all women who have had an abortion feel.

The feminists do this all the time--for one example, see California NOW's Family Court Report 2002: Faulty Research, False Conclusions (Los Angeles Daily Journal, San Francisco Daily Journal, 7/11/02). In it I debunked a self-selected survey by the California branch of the National Organization for Women which they claimed showed that family courts were biased against women. California NOW didn't like my criticism, and complained about it in another report which they issued this October.

There are well over a million abortions a year, and have been for over three decades--do Thompson, Michigan Right to Life and their cothinkers really expect us to believe that in two-thirds of these cases the women only had the abortions because they "had no choice but to comply with the wishes" of the children's fathers? That's preposterous. The anti-male feminist left shifts all blame for gender-related problems onto men. Conservatives (or many of them) believe that abortion is wrong, so they try to shift the blame for abortion onto men.

Thompson claims "Surprisingly, the No. 1 cause of death among pregnant women is homicide." It's a "surprise" because it isn't true--see my next entry below for the details.

Thompson writes, "Pregnant black women are seven times more likely to be murdered than pregnant white women." Since black women are far more likely to be murdered in general than white women, it's hard to see what significance this statement is supposed to have. And women in general are vastly less likely to be murdered than men, the safest people of all being white women.

Thompson writes, "When women are threatened to abort, up to 80 percent feel guilt, regret, loss and depression afterward, especially if the coercion violated their conscience." Again, this is probably from a self-selected sample. And many women feel guilt or regrets over their abortions--I guess that's men's fault, too.

Lisa Scott Launches RealFamilyLaw.com
Shared Parenting Advocate/Family Law Attorney Lisa Scott has launched www.RealFamilyLaw.com to expose the truth about what is happening in our family law system. Lisa, the all-time leader in appearances on His Side with Glenn Sacks, says that she was "tired of having her stuff rejected by elitist bar publications and politically-correct newspapers" and decided to start her own website. www.RealFamilyLaw.com

Help for Michigan Dads
Michigan family law attorney Mindy L. Hitchcock has experience fighting for noncustodial parents against Michigan's abusive FOC. Her holistic approach to divorce gets results for her clients while avoiding the scorched earth approach to law that leaves families emotionally and financially devastated. www.Lady4Justice.com

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Is It True That 'the No. 1 Cause of Death Among Pregnant Women is Homicide?'

One of the main pillars of Thompson's castle is her claim--commonly made by misguided feminists and the mainstream media--that "the No. 1 cause of death among pregnant women is homicide." This claim got a big boost from the Washington Post and its affiliated papers in December of 2004 when it published a highly-publicized series of articles which detailed an alleged epidemic of maternal homicide by male intimates.

There are two main points to be said about this claim. One, death among pregnant women is very rare, so even a relatively small number of homicides of pregnant women could make it the top cause of death. Two, as best as one can tell, murder is not the top cause of death among pregnant women, and probably is not even close. In my column New Report on Maternal Homicide Crisis: Myth-Making and Manbashing (Lexington Herald-Leader, 1/3/05) I discussed the issue in more detail:

"'Pregnant women murdered at an alarming rate.' 'Killings of new, expectant mothers mount.' 'Many new or expectant mothers die violent deaths.' 'Violence trails expectant mothers.' 'Pregnant mothers often die of murder.'

"These headlines top a highly-publicized new series of articles by Donna St. George of the Washington Post. The series, which appeared in many major newspapers and media outlets this week, details an alleged epidemic of maternal homicide by male intimates.

"The series powerfully depicts the tragedies of murdered expectant or new mothers. The mother-to-be killed the day her mother ordered the cake for her baby shower. The pregnant 14 year-old murdered by her 14 year-old ex-boyfriend. The bank manager killed because she wouldn't convert to her husband's religion before their twins were born. However, despite the emotion, alarm bells and blaring headlines, the series fails to build the case that maternal homicide is an epidemic, is on the rise, or is even a significant social problem.

"According to the Post's numbers, there are about 100 documented murders of pregnant women in the United States each year. Yet according to the Centers for Disease Control, nearly four million women give birth each year. One out of 40,000 is not an epidemic. The Post  speculates that the true number could be significantly higher but also notes that 30% of these killings are not related to childbearing, but instead involve drug dealing, robberies, errant gunfire, or other causes. And some pregnant women are killed by other women, as in the recent Missouri murder of Bobbie Jo Stinnett by a woman who cut her live baby from her womb.

"St. George and others point to a Journal of the American Medical Association article which states that in Maryland a 'pregnant or recently pregnant woman is more likely to be a victim of homicide than to die of any other cause.' This sounds alarming until one considers that there are an average of eight murders of pregnant women each year in Maryland--alongside 75,000 live births.

"St. George also cites a study by the Massachusetts Department of Public Health which allegedly showed murder to be the biggest cause of death for pregnant women and new mothers. When this study was released the Boston Globe summarized its findings as follows:

"Murder is the leading cause of death for Massachusetts mothers in the 21-month period from when they become pregnant until their babies reach their first birthday, according to a state review that shows domestic violence today is more dangerous than medical complications from childbirth."

"However, when public health specialist Ned Holstein of the Mount Sinai School of Medicine examined the report, he found that murder was well down the list of alleged causes of maternal death. According to the study's own data, the leading causes of death of pregnant or recently-pregnant women over a 10-year period were Medical conditions (152), Motor vehicle accidents (21), Domestic violence homicides (20), other homicides (10), and Miscellaneous (29). The epidemic of domestic violence-related homicides sweeping Massachusetts consists of an average of two deaths per year.

"'The risk of murder by an intimate is extremely small, not an epidemic,' says Holstein, a physician who also heads Fathers and Families of Massachusetts. 'Although every death is tragic, murder of pregnant women simply does not rank as a significant public health problem.'

"St. George's article series expresses commendable concern about battery of pregnant women but errs in claiming a link between domestic violence and pregnancy. According to longtime domestic violence researcher Richard J. Gelles, co-author of Behind Closed Doors, 'to be pregnant alone doesn't put a woman at risk.'

"'Women between the ages of 20 and 34 suffer the highest rate of domestic violence, and that is also the most likely age to be pregnant,' he says. 'Age is driving the risk, not pregnancy'...

"St. George uses anecdote and emotion in place of facts and research in order to find a mythical crisis of maternal homicide. It is another example of how legitimate concern for battered women often devolves into an alarmist and anti-male view of domestic violence and gender relations."

To learn more about the issue, also see my column Domestic Violence Series Substitutes Emotion for Facts (San Francisco Chronicle, 4/8/05).


Glenn Discusses the Coercive Abortion Prevention Act on the Nationally-Syndicated Lars Larson Show

Family law attorney Jeff Leving and I discussed our co-authored column Coercive Abortion Prevention Act Assumes Male Guilt, Opens Door to Unfair Prosecutions (Detroit News,11/30/06) on the nationally-syndicated Lars Larson Show on December 4.

Help for Seattle Fathers
The Law Offices of O. Yale Lewis III is a one-person law firm that focuses on customer care. Mr. Lewis can help you identify and focus on the outcome that you want and implement the steps necessary to get there. www.yalelewislaw.com.

Help for California Divorced Dads
The Divorced Fathers Network helps dads in Los Angeles, the Bay Area and Santa Cruz. Local chapters sponsor free weekly co-parenting classes, individual mentoring for fathers and much more. www.divorcedfathers.com.

The Secrets of Happily Married Men
How can a man achieve a long and happy marriage? If you've been checking out advice columns or seeing a therapist, you may have been looking in the wrong place. Despite all the advances in brain technology, and all of that we have learned about developmental psychology--men and women are given the same advice about solving problems. But when we ask men what works for them, we hear a different story. www.SecretsofMarriedMen.com


On the Subject of Violating Men's Rights to Allegedly 'Protect' Women...

In a recent column Kofi's Legacy Misfires Wendy McElroy of iFeminists discusses the United Nations new Secretary-General's Study on Violence Against Women (SVAW). The SVAW suggests removing "obstacles" to eliminating violence against women. McElroy writes:

"[One] identified obstacle is 'privacy rights' - that is, 'legal doctrines protecting the privacy of the home and family' (e.g. Fourth Amendment guarantees in the Constitution). Such doctrines are accused of 'justifying' the failure of the State and society to intervene when violence is committed against women in the family.'

"Next, 'obstacles' should be overcome by instituting new policies at 'federal, state, provincial and local levels, as well as...the judiciary, legislature and executive.'

"A specific example of a policy change: when prosecuting cases of violence against women 'rules of evidence and procedure, should be conducted in a gender-sensitive manner to ensure that women are not 're-victimized'.' This means criminal trials should provide 'in-camera proceedings where appropriate.' Specifically, courtroom procedures should 'protect the privacy of victims' by 'allowing evidence to be given by video link or restricting [public] access to courtrooms.'

"These changes alone would overhaul American courtrooms. The right of an accused to face and directly question an accuser is a fundamental principle of Western jurisprudence; the presence of transparency is an effective check on judicial corruption. Presenting evidence by video link to a closed courtroom would eliminate both."

As I've commented before, to the radical feminist mind, all that stuff about due process, the presumption of innocence, the right to face your accuser, etc., is just a patriarchal scam designed by men so they can rape and abuse women without consequence. The SVAW is another example of this thinking.

Experience the Book that Dares to Scream the Inner Thoughts of Men
Drawing upon encounters with both foreign and domestic women, American writer Thomas Ellis offers up The Rantings of a Single Male: Losing Patience with Feminism, Political Correctness... and Basically Everything--a collection of incredible but true stories, satire, and social commentary. Running the gamut from hilarious to tragic, these rants employ dark humor to illuminate the many absurdities of our gender culture. Ellis is unapologetic and unrestrained in his handling of women's history, women's spirituality, gender norming, implants, affirmative action, rape hysteria, pornography, homophobia, and bad dates. Contains adult situations and language. Now in its third printing. On sale through the end of 2006 for $9.95 + shipping from Amazon via direct purchase.

The LaMusga Company
The LaMusga Company provides customized solutions to assist individuals and business owners in reaching their financial goals. The LaMusga Company is committed to helping you accomplish your long-term financial objectives. LaMusgaCo.com


US Has Way Too Many People in Prison

According to the Associated Press story 7M in U.S. jails, on probation or parole:

"A record 7 million people -- or one in every 32 American adults -- were behind bars, on probation or on parole by the end of last year, according to the Justice Department. Of those, 2.2 million were in prison or jail, an increase of 2.7 percent over the previous year, according to a report released Wednesday.

"More than 4.1 million people were on probation and 784,208 were on parole at the end of 2005. Prison releases are increasing, but admissions are increasing more."

Of course, even though this tragedy disproportionately affects men--particularly men of color--the author can't resist explaining why the problems is so bad for women, who make up all of 7% of the prison population:

"Men still far outnumber women in prisons and jails, but the female population is growing faster. Over the past year, the female population in state or federal prison increased 2.6 percent while the number of male inmates rose 1.9 percent. By year's end, 7 percent of all inmates were women. The gender figures do not include inmates in local jails.

"'Today's figures fail to capture incarceration's impact on the thousands of children left behind by mothers in prison,' Marc Mauer, the executive director of the Sentencing Project, a Washington-based group supporting criminal justice reform, said in a statement. 'Misguided policies that create harsher sentences for nonviolent drug offenses are disproportionately responsible for the increasing rates of women in prisons and jails.'

"From 1995 to 2003, inmates in federal prison for drug offenses have accounted for 49 percent of total prison population growth."

I sympathize with women incarcerated for nonviolent drug offenses, of course, but I see no reason to separate their situations from those of all of the (many more) men who are incarcerated for the same reasons.

File Taxes Online with  Professional Help
MENstax.com allows you to file your taxes, check your refund status, and have your return reviewed by an experienced tax professional--all online.

Legal Help for Fathers
If you live in Los Angeles, Riverside or Orange counties and you're facing a divorce, separation, or a child custody issue, the law firm of Oddenino & Gaule can help. www.OddLaw.net

Legal Help for Fathers in New Jersey
If you're a New Jersey father facing a divorce or separation, the law firm of Pitman, Pitman, Mindas, Grossman & Lee can help. PitmanLaw.com


This Incredible Story Speaks Volumes About the Way Our Society Views Fathers

From the Detroit News article Dad's goodbye stokes fears (11/29/06):

"A five-county police lookout for a would-be child abductor ended Tuesday morning with a nervous phone call and the realization the suspect was nothing more than a father waving to his own daughter.

"In an incident police acknowledge stoked fears about pedophiles, the manhunt began when another 9-year-old at a playground at Lafayette Elementary School said a man motioned to her about 11:15 a.m. Monday, then fled in his vehicle as she ran to tell teachers.

"Police said the man never noticed the other girl and her reaction, but realized the mix-up after watching reports about the incident on TV.

"In reality, he was simply passing by, saw his child and stepped out of his pickup to motion hello.

"'I think we are just in a society of fear right now. It's unfortunate, but I don't know if we want to be less cautious either,' said Lincoln Park Lt. Ron Szalay.

"Police issued a bulletin Monday to law enforcement agencies in Wayne, Macomb, Oakland, Washtenaw and Monroe counties.

"They were looking for a man in his 40s, driving a blue pickup truck.

"By 3 p.m., police received a report from Sterling Heights about a truck and driver that fit the description.

"However, after getting a call from the school's principal, Szalay called off the search.

"'We had a fair description and extra cars patrolling around the school (Tuesday morning) so we probably would have stopped him if he had come to drop off his kid,' Szalay said.

"Police aren't releasing the man's name, but Lafayette Elementary Principal Craig Stanczyk said he and his family are 'great folks.'

"He was happy the man's wife called him Tuesday morning to clear up the misunderstanding.

"'She said, 'My husband is very nervous,' Stanczyk said.

"'Nobody wants to be falsely accused.'

"But, Stanczyk said the girl who made the report did everything she was taught.

"'It proves that we have a plan and it works,' Stanczyk said.

"'In this situation, it is better to be safe than sorry.'"

Best Wishes,
Glenn Sacks
GlennSacks.com

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