Teacher Has Class Denounce Five-Year-Old Boy;
Sen. Biden Wants to Give Your Ex a Free Attorney

May 27, 2008

 

Teacher Forces 'the Only Friend the Five-Year-Old Boy Has Ever Made' to Denounce Him Publicly

"Melissa Barton said she is considering legal action after her son's kindergarten teacher led his classmates to vote him out of class.

"After each classmate was allowed to say what they didn't like about Barton's 5-year-old son, Alex, his Morningside Elementary teacher said they were going to take a vote, Barton said.

"By a 14 to 2 margin, the class voted him out of the class. "Barton said her son is in the process of being diagnosed with Aspberger's, a type of high-functioning autism...

"Alex has had disciplinary issues because of his disabilities, Barton said. The school and district has met with Barton and her son to create an individual education plan, she said. His teacher, Wendy Portillo, has attended these meetings, she said.

"Barton said after the vote, Alex's teacher asked him how he felt.

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"He said, 'I feel sad,' she said.

"Alex left the classroom and spent the rest of the day in the nurse's office, she said...

"Alex hasn't been back to school since then, and Barton said he won't be returning. He starts screaming when she brings him with her to drop off his sibling at school.

"Barton said Alex is reliving the incident. "They said he was 'disgusting' and 'annoying,' Barton said.

"'He was incredibly upset,' Barton said. 'The only friend he has ever made in his life was forced to do this.'"

As a former teacher, I certainly know the challenges that teachers often face, and I also realize how incidents which seem innocent and humorous in the classroom can sound ominous or harmful when relayed second or third or fourth hand to administrators or parents. That being said, if this news article is accurate, there's no defense of what Wendy Portillo did in humiliating this little boy (pictured).

A few thoughts:

1) Sometimes a child will act up or act very strangely in class and the teacher may get in trouble later for disciplining the child or mishandling the situation because the child, unbeknownst to the teacher, had special needs or special issues.  In this case, however, Wendy Portillo knew all about the special problems this boy had-- she had attended meetings where the boy's disability was discussed and plans were made on how to help him.

2) It is true that teachers are human like anybody else and can lose their temper in a difficult situation like anybody else.  However, what Wendy Portillo did went far, far beyond losing her temper. This was hardly a short, quickly regretted outburst, but instead prolonged psychological abuse of the little boy.

3) It is quite true that one disruptive student, or out-of-control student, or special needs student who is unable to control himself, can disrupt an entire classroom.  While I make no excuses whatsoever for what Wendy Portillo reportedly did, it is also possible that she was supposed to receive more support services from the school and did not receive them.

For example, perhaps the boy was supposed to go to a specialist a couple hours a day for help.  This is good for the boy, obviously, and also relieves some of the pressure on the teacher. It is not uncommon for schools to arrange this type of special services and then for the special services to be intermittent, or canceled due to funding cuts or personnel changes.

I experienced this once during the year I taught fourth grade.  I had a boy in my class -- a very nice, good natured boy who I liked -- who did not know how to read.  How he was in the fourth grade and why he was there when he did not know how to read is a good question.

Anyway, he received special services -- for an hour or two a day he would be taken out of my classroom and would go to a specialist who would help him learn how to read.  It was a good arrangement -- the boy began improving, and I had at least a couple hours a day where I did not have to pacify a boy who was largely clueless as to what was going on in class because he could not read.

After about a month or six weeks of this, you can guess what happened -- the reading class was eliminated, perhaps due to budget cuts, and the boy was dumped back in my class, making things more difficult for everyone involved--the boy, the other students, and myself. It is possible that something like this occurred with Wendy Portillo.

The full article is St. Lucie teacher has students vote on whether 5-year-old can stay in class (TCPalm.com, 5/23/08)--thanks to Chris. a reader, for sending it.

To discuss this issue on my blog, click here.


Senator Biden Wants to Give Your Ex a Free Attorney...

"When it comes to domestic violence legislation, the road to hell is paved with good intentions and Senator Joe Biden (D-Del) owns an asphalt company.

"Biden’s latest domestic violence bill is the National Domestic Violence Volunteer Attorney Network Act, which amends Biden’s Violence Against Women Act to create an extensive network of volunteer attorneys to help abused women. The attorneys would provide free legal help in forging divorce or separation agreements and in winning child custody...

"S.1515 will do some good in aiding abused low-income women. The problem is that the bill will also greatly exacerbate the already widespread problem of false domestic violence claims being used to strip decent, loving fathers of custody of their children. There is no mechanism within the bill to distinguish between false accusations and legitimate ones."

Rush Limbaugh discussed S1515 on his show last week after a men's activist called in and told him about it. The bill will enlist 100,000 volunteer attorneys to help purportedly abused women win custody of their children from their alleged abusers. I criticized the bill in my co-authored column Biden’s Misguided S1515 Will Exacerbate Domestic Violence System’s Problems (Philadelphia Daily News, 12/7/07).

The National Organization for Women has a campaign in support of the bill, and the bill is also supported by the American Bar Association and the Family Violence Prevention Fund. The bill can be seen here. Biden's pitch for the bill from his defunct presidential campaign can be seen here.

Shared parenting advocate Ron Grignol (pictured), who in 2005 ran for the Virginia state legislature and made shared parenting one of the key issues of his campaign, recently sent out an update on the bill. Grignol writes:

"The bill S1515 has  price tag of 55.5 million over 5 years.  I checked the language of the bill and calculated 55.5 million.
 
"I was talking to a Senate Judiciary Committee staffer yesterday about VAWA and she told me that Senator Coburn (R-OK) raised objections on the price tag. She said even Biden didn't believe it was 55.5 million until he was shown that this was in fact the case.

"Coburn started a debate but the bill passed out of committee. It looks like the bill passed with a voice vote which is what committee members do when they don't want their vote to be recorded. However, the bill still has a long way to go to become law."

To discuss this issue on my blog, click here.

The American Coalition for Fathers and Children
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Illinois Accidentally Places 3,000 Innocent People on Child Abuser Registry, Won't Apologize

"What is the attitude of the DCFS when confronted with over 3,000 mistakes they made? Spokesman Kendall Marlowe 'acknowledged that mistakes are made, but he said the vast majority of people…were placed there properly… he declined further comment.'

"The DCFS chief administrative law judge Meryl Paniak said, 'A lot of what happens at these hearings is it becomes a legal process, not… whether it happened or not, but whether enough evidence is presented.'

"Not a hint of apology, not a whiff of promise to a better job. In one word, arrogant."

Ned Holstein of Fathers & Families has an interesting post on a new outrage by Illinois officials. Surprise, surprise--state officials put thousands of people on their child abuse registry who should not have been there. They offer no apologies, only saying that most of the people on the list belonged there, as if that makes it OK that 3,000 people were wrongly listed. More evidence that authorities treat the widespread problem of false abuse allegations very lightly.

Holstein writes:

"The Belleville News-Democrat in Illinois reports that the Illinois Department of Children and Family Services (DCFS) 'wrongly placed more than 3,000 people on the State’s official list of child abusers over a five year period…'

"Why should the family court reform movement care about what happens to child abusers? After all, a lot of these parents are less-than-perfect, and they probably did something wrong, you say.

"The reason we care is that non-custodial parents are often up against the same problems as men and women falsely accused of child abuse: arrogant, self-righteous government officials who have been given too much power and are accountable to no one.

"Listen to the complaints of the victims and their attorneys and you will hear a familiar echo.

"Nick Brunstein, one falsely accused foster parent said of child abuse investigators, '…the bad ones have the power of God and with the stroke of a pen they can ruin your life.' Sounds pretty much like a GAL or a family court judge doesn’t it?

"Diane Redleaf, executive director of the non-profit Family Defense Center in Chicago said, 'We see so many cases where the basic rules are being ignored completely by the state investigators.' This too has a familiar ring.

Continue reading here.

To discuss this issue on my blog, click here.

Fathers & Families: Advocacy for the Child-Father Bond
Fathers & Families is a non-profit organization advocating for the right of every child to have two parents. Fathers are an essential part of a child's life--divorce or separation should not change this. www.FathersandFamilies.org

FALSELY ACCUSED IN TEXAS?
Domestic Violence. Child Sexual Assault. Child Protective Services Defense.
Contact the Law Office of Stuckle & Ferguson
www.PaulStuckle.com / falseaccusations@stuckle-ferguson.com

Venus: The Dark Side
Discover how she has 'played' you. For the first time ever, a book that tells you exactly how manipulative and deceitful women win against their unsuspecting prey – and there's detailed information about what you can do about it. Read Roy Sheppard and Mary T Cleary's book "Venus: The Dark Side".  Amazon 5 star reviewers say "An astounding book." "Required reading for all young men today." Visit www.venusthedarkside.com

Legislator Stabs Spouse, Rival Candidate Says He Won't Criticize Her for Her 'Personal Habits'

"Andrew Brownson, one of the Republicans challenging Allen, said it would not be appropriate to ask or force her to resign for her 'personal habits.'

"'I don't believe in that,' said Brownson."

According to the UPI, "Assemblywoman Francis Allen (pictured), R-Las Vegas, is accused of using a steak knife to stab Paul Maineri in the forearm...[Allen] said she stabbed her husband because he embarrassed her in front of friends...Maineri told police his wife of seven weeks refused to get help for him so he drove himself to the hospital."

Nevertheless, Allen's male colleagues don't seem to be holding it against her. Joseph K. Cooper interviewed Allen's fellow legislators and also Allen's rival candidate in an upcoming election in his upbeat article Facing felony charge, Allen continues legislative work (5/21/08). Asked about Allen's arrest for battery with a deadly weapon, no legislator expressed concern over the stabbing victim or even alluded to the seriousness of domestic violence.

To be fair, one can understand and appreciate the legislators' hesitance to rush to judgment about their colleague. But I doubt if a male legislator were arrested for stabbing his wife his colleagues would be so upbeat and positive. And were a male legislator to refer to the stabbing as a "personal habit" he didn't think should be made an issue of, one can bet there'd be a storm of feminist protest, and the legislator would be forced to make a humiliating public apology.

[Note: If you or someone you love is being abused, the Domestic Abuse Helpline for Men and Women provides crisis intervention and support services to victims of domestic violence and their families.]

To discuss this issue on my blog, click here.

Help for East Texas Fathers
Trouble seeing your children? Falsely accused of violence? Child Support Issues? Fathers for Equal Rights in Houston, Texas can help. Call them at 713-226-8485. 
1314 Texas Ave. Suite 609, Houston Texas 77002

The Criminal Defense Lawyer Blog--A Blog by Attorney Douglas R. Slain
Criminal Defense Attorney Douglas R. Slain's Criminal Defense Lawyer Blog gives a unique perspective on the widespread problem of false accusations. http://www.californiacriminaldefenselawyerblog.com/

Is Convicted Murderer Stephen Marsh Innocent?

Background: In my blog post Once Again, the Female Criminal Justice Sentencing Discount from last year, I discussed the BBC article Lovers' 30-year murder sentence (5/18/07). According to the BBC:

"Stephen Marsh, 36, was sentenced to 18 years for persuading Rebecca Harris, 30, to stab his wife Jaspal to death at the marital home in Gorseinon, Swansea. Harris was given a 12-year sentence for carrying out the July 2006 murder."

I wrote:

"Both the man and the woman...deserve severe punishment, but I can't help but notice the gender bias in sentencing here.

"The husband and his lover plotted to kill the man's wife. The husband urged his girlfriend to commit the crime, but physically played no role in the murder. The girlfriend stabbed the man's wife 16 times with a knife. Yet the husband got an 18 year sentence and the girlfriend--the one who actually committed the murder--got only 12 years, partially because she cooperated with prosecutors, but also because she's a woman, and women are treated with kid gloves by the criminal justice system.

"Also, when a man and a woman commit a crime together, the state is more likely to offer a deal to the woman to testify against the man than vice versa."

I regularly receive letters from people who are the family or friends of men who are on trial for or have been convicted of serious crimes, such as murder.  The family or friends of the accused or convicted man explained that the man has been the victim of an injustice, or framed, or is in some other way innocent, and they ask me to take up their cause and publicize it.

Recently I received this type of request from Garry Leech in support of Stephen Marsh.  Apparently British writer Sandra Lean, author of No Smoke - The Shocking Truth about British Justice, has also taken up Marsh's cause. Garry Leech sent me the following letter:

"Glenn, I have just read your article on the murder of Jaspal Marsh and I would like you to visit www.stephenmarshisinnocent.co.uk before making your mind up with regards to Stephen. There are many people who believe Stephen is innocent who were both friends and family of Jaspal Marsh, and also people who have read the shocking facts of this miscarriage of justice.

"Ask yourself why people who knew Jas would support Stephen. If they thought he was guilty, surely they would not be supporting him, as they have lost a very special person in Jas. The only person who is guilty in this horrific crime is Rebecca Harris. She committed this crime as she knew Stephen would never leave Jas.

"Stephen had nothing at all to gain by being part of this murder. I hope by reading his website that it at least makes you think that this case could be a miscarriage of justice. We can never bring back Jas but we can help support Stephen in his fight for freedom."

I hadn't followed the case since I wrote about it a year ago, and I had to go do a search on my website to remember who Stephen Marsh was. I certainly do think it was unfair that he was sentenced to far more time in prison than Rebecca Harris was, even though she was the one who committed the killing and he was not.  Beyond that, I do not really have any particular reason to question Marsh's conviction, and I'm interested as to what readers think.  A few comments:

1) Leech writes "Stephen had nothing at all to gain by being part of this murder." Well, maybe, but maybe not.  The Marsh marriage was obviously a troubled one--the website created by Marsh's defenders says, "He had affairs but Jaz was his wife, he knew the difference and so did Jaz."

It is possible, though the Marsh side will deny it, that Stephen wanted to begin a new life with Rebecca, and it would have been much more convenient if Jaspal (aka "Jaz") were out of the way.  We're told that Stephen had little interest in Rebecca and wanted to break up with her, but the fact remains that he was having an affair with her, which certainly shows a significant level of interest.

Also, we do not know that Jaz took the affair as lightly as Steven's defenders say she did.  Perhaps she was going to cause real trouble over the affairs, and within certain limits, I couldn't blame her.

2) Stephen Marsh -- whose defenders themselves say that he had regular affairs -- hardly seems like a trustworthy individual.  Certainly that does not make him a murderer or an accessory to murder, but it does to some significant degree impugn his credibility.

3) Marsh's defenders write, "If Steve had wanted to be with Rebecca Harris he could have walked out of the door at any time. Steve and Jaz had no children and Steve would have been entitled to half of whatever they had built up together."  Again, maybe, but maybe not.

I certainly agree that the fact that they did not have children makes it far, far easier for Stephen to have left his wife.  However, we have seen cases where divorcing men are so obsessed with their money, or what they think is "their" money, that they have reacted irrationally or even violently in a situation where most outsiders would think they were getting a pretty decent deal.

The Nicholas Bartha case -- where a divorcing man blew up a building he owned with his wife rather than allow her to have it through their divorce settlement -- is one example. It was extraordinarily selfish of him to put others in danger because of his personal vendetta.

The Darren Mack case is another example. Here the wealthy businessman had a good deal (including 50-50 custody of his daughter and a reasonable financial settlement) but stabbed and nearly cut his ex-wife's head off and attempted to murder a judge.

We have also seen situations where men get screwed financially in divorce even though there are no children involved. Stephen Marsh had affairs yet stayed married to his wife -- it seems that for whatever reason, he was hesitant to leave her.

4)  Marsh's defenders write "Steve would never, ever in a million years have left Jaz, she was his rock in life, organized everything for them and looked after him." Again, this seems suspicious.  If she was such a great wife, if he was so devoted to her, if she was "his rock in life," why was he repeatedly having affairs?  Yes, it is possible that Steven did regard his wife in this reverential manner, but it seems unlikely.

5)  Marsh's defenders write:

"Rebecca Harris claimed that Stephen, who was not there (this is not disputed), sent her texts saying 'Do it' and 'Just Do It' and Stephen was jointly convicted of murder. She was sentenced to 12 years in jail, Stephen was sentenced to 18 years. He will never, ever, change his assertion of his complete innocence and so may never come out of prison if we cannot prove his innocence. The media repeatedly reported that 'evidence showed' that Stephen sent texts saying the words 'Do It' and 'Just Do It' and anyone could be forgiven for believing that those words must have been physically recovered from a mobile phone.

"No texts from Stephen to anyone saying any such thing were ever recovered from anywhere - they exist only in the version of events given by the murderer Rebecca Harris

"The 'evidence' referred to was the version of events put forward by Rebecca Harris, this was not made clear by the media, instead by using the phrase 'evidence showed', they allowed their readers and viewers to believe that texts showing those words must physically exist - those words have never been found to exist by any investigation - this is not an opinion this is a fact."

If what  Marsh's defenders say here is true, this is very important.  I know that prosecutors will sometimes distort evidence in order to win a conviction.  I know that defendants don't always have competent legal help.  I know that the media can simplify or distort things, particularly when the bad guy in the story is a man.  On the other hand, it seems somewhat unlikely that prosecutors could get a conviction based on phantom evidence such as Marsh's defenders describe.

The website and the case for Marsh is at www.stephenmarshisinnocent.co.uk. While some of Marsh's defenders' arguments seem flawed to me, I'm not convinced that they are wrong, and I'm  interested to see what readers think of Marsh's guilt or innocence.

To discuss this issue on my blog, click here.

 

Faced with a Divorce? Need Help with Family Law? Child Custody? Child Support? Parental Alienation? False Accusations?

Check Out Glenn's New Family Law Help Directory. The Directory Has Experts From All over the Country Who Can Help You

 If It's Bad for the Environment, It Must Be a Man's Fault

 

This isn't an anti-male editorial cartoon in and of itself, but as I've noted before, in editorial cartoons the person who is said to be polluting, contributing to global warming, or being wasteful is almost always a man. The above is no exception.

To discuss this issue on the blog, click here

FALSELY ACCUSED IN NORTHERN CALIFORNIA?
If you've been falsely accused of domestic violence, sexual abuse, child molestation, or other crimes of a sexual nature, contact The Law Offices of Douglas R. Slain. Slain is a specialist who has worked for over 30 years to defend falsely accused men and fathers. To learn more, click here, or call 888-998-5558.

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

A Parent's Worst Nightmare

Mickey Mantle, Jim Bouton

I was talking with my cousin the other day, whose teenage daughter will soon be going to the other coast to go to college. We discussed his fears of her setting off alone, and I felt relieved that I won't be dealing with that problem for at least a few years.

My father always said the worst part of seeing your kids grow up was the thought of them driving cars around God knows where. The conversation reminded me of something my father told me when I was 18 and had gone away for my freshman year of college. My mother and father received a call at 3 in the morning telling them that my uncle died. My father later told me, "When the phone rang at that hour and I found out your uncle had died, I was happy--I thought it was you."

Several years ago I was saddened to learn that one of my heroes, Jim Bouton, had lost his daughter in exactly this way. Jim Bouton was a pitcher for the New York Yankees during the 1960s who wrote the controversial mega-best seller Ball Four in 1970, and was instrumental in the rise of the players' union. Every decade Bouton has added a new epilogue to the book--Ball Five, Ball Six and then, in 2000, Ball Four: The Final Pitch.  Bouton is pictured above--pitching on the left and with Mickey Mantle on the right.

I've always admired Bouton, and I interviewed him for a business magazine I was working for when I was in my early 20s. Bouton's heart-wrenching account of his desperate attempt to reach the hospital where his daughter laid dying are below. Good luck trying to read it without a tear welling up in your eye.

From Ball Four: The Final Pitch
By Jim Bouton

We had met some friends for dinner and gone to an outdoor performance at Shakespeare & Company. It was a warm summer night with a full moon. It had been a lovely day. When we came home, we had just stepped outside the door, hadn’t even taken the messages off the blinking machine, when the phone rang. Paula picked up and it was Lee.

“Oh, no” I heard her say. “Oh, my God! Oh my God!”

A jolt or terror shot through my body. I had never Paula sound like that before. I had just hoped it wasn’t one of the kids.

“What is it?” I said, my heart hammering. “Who?”

“Laurie’s been in a terrible accident,” said Paula, who was shaking now and gasping for breath.

“How bad?” I moaned, terrified of the answer.

“Very bad,” said Paula, still on the phone, trying to learn more.

“Is she dead?” I heard myself say, not believing I was saying it.

“No… but it’s very bad….”

I fell on my knees.

“ No, no, no, no…” I wailed. “Not my Laurie… not my Laurie.”

I pounded the floor in my helplessness. Laurie was in danger and there was nothing I could do to fix it. And she was so far away.

“We have to go to the hospital right now…” said Paula.

I couldn’t think straight. How could we get to the hospital in Newark? That’s four hours away. Neither one of us could possibly drive in this condition.

Now David was on the car phone with Paula. He and Lee and Lee’s fiancée, Elaine Wood, were driving to the hospital from Manhattan and would be there in twenty minutes. Bobbie and her husband, Phil Goldberg, were already at the hospital. Michael and his then fiancée, Melanie Knapper, were being driven from Brooklyn by a friend, Tom Lanier.

“I have to take care of your dad,” said Paula. In minutes she was on the phone to the driver service that takes me to and from airports when I have to fly. It was now after eleven, but a driver showed up in twenty minutes. Just enough time for us to throw some things in a suitcase if we needed to stay over.

It was the longest ride of our lives. We held each other and cried and talked. David had said Laurie was in a coma and would probably never walk again...

To read more and to discuss this issue on my blog, click here.

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A Stepdad's Lament about His Stepchildren's Absent Biological Fathe

"Steve," a reader who is a stepdad, is a critic of our recent campaign against Fox's Bad Dads. He writes:

"I have been the step-father of two boys for 10 years now. They are 13 and 14. They are growing up to be responsible young men with normal lives and admirable values. I wonder where they would be today without their mother and I. For most of their lives, their father has shown up just often enough to prevent them from really bonding with me as father and sons. His once a year visits, and twice a year phone calls keep their hopes for a relationship with him alive, only for those hopes to be dashed as he abandons them again every time.

"He lives within 100 miles of us, and works until the DA catches up with his employer, then he quits his job and hides out. In 10 years I think we've gotten something approaching $500 total in child support checks. It's not like we care about the money. We really wish he'd just go away. We get along just fine without the child support he doesn't provide. Now if he'd just make himself that scarce.

"He knows he's always welcome to visit and we do not discourage contact or badmouth him to the kids. It's just that most of the time he has more exciting things to do. That's always been his problem. It's basically why he went to jail in the first place for robbing a bank to get drug money.

"Bad dads? Yep, we have living proof...when we can find him. So, you see, it's not all one way. Sorry, I just can't feel sorry for the sperm donor when I'm paying the bills, going to music lessons, soccer games, little league, and Boy Scouts, patching up cuts and bruises, and generally being 'Dad' because he only wants the title and none of the responsibility."

To discuss this issue on my blog, click here.

Faced with a Divorce? Need Help with Family Law? Child Custody? Child Support?
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Introducing the 'David Harris Fallacy'

There's a common fallacy in society's thinking about men, marriage and divorce which I'll call the "David Harris Fallacy." David Harris, as you may recall, was the victim of "Murder by Mercedes" killer Clara Harris. David Harris fell in love with another woman and Clara Harris killed him as he attempted to leave their marriage.

The press on both the left and the right poured derision upon David, and even the prosecutor, Mia Magness, expressed contempt for him, saying in court that instead of killing David by her own hand, Clara should have driven him to suicide by divorcing him and "[doing] like every other woman...get his house, car, kids -- make him wish he were dead."

Clara received widespread sympathy for her "betrayed wife who snapped" shtick.

I wrote several columns about the killing for the Houston Chronicle, and in one of them I argued that "upon closer examination the evidence is overwhelming that the bad spouse in this marriage was Clara, not David." I explained:

"David's daughter, Lindsey, says that her father had the affair in part because of the way Clara mistreated and neglected him. According to her testimony, David told his daughter on many occasions how lonely he felt. Lindsey also testified that her stepmother Clara made her feel unimportant and as if she were not part of the family, and that the only place where pictures of her were allowed in the home were in her father’s bathroom. By contrast, pictures of the twins (the children Clara and David had together) dominated the house. Lindsey also testified that Clara had physically assaulted David on at least one prior occasion...

"Clara also lies, as evidenced by her preposterous courtroom claim that she didn't know she was running over her husband, despite a video which shows her repeatedly circling and running him down with her Mercedes.

"Most importantly, David Harris was married to a person capable of killing an unarmed man as the man's daughter begged her not to kill her father. While we'll never know exactly what happened between David and Clara behind closed doors, can there be any doubt that a person capable of such a heinous crime was not exactly the perfect spouse? That David probably had good reason to distrust or dislike her and seek the affections of another? That somewhere along the line it might have been Clara's um......personality that might have created the problem?"

In other words, a man leaves his wife, she does something terrible, and we blame him and the fact that he left for her crime, or at least excuse it because "he hurt her by leaving her." That's the David Harris fallacy--by the women committing this crime, she reveals that her character was such that the man had damn good reason to leave.

According to testimony from David Harris' daughter, Clara had told her, "I could kill your father and get away with it," and then she did kill him. This aspect of her personality didn't magically appear after David left--it was there in effect before, and David probably saw it.

As a general rule I don't condone adultery or desertion, but when you're married to a woman like that, getting out is a good idea. He probably only stayed as long as he did because he didn't want to lose custody of his sons. (To learn more about the Clara Harris case, see my co-authored column Suppose Roles Had Been Reversed in Clara Harris Case, Houston Chronicle, 1/27/07, or click here).

This can be seen clearly if we switch the genders. If a man's wife leaves him for another man, and the man then kills his wife, would anyone believe his claim that he was an excellent husband who just "snapped?" Would anyone blame her for his violence?

In a recent English case we again see the David Harris fallacy. From the BBC article Mother jailed for kettle scalding (10/11/07):

"A mother who poured a kettle of boiling water over her five-year-old son to get back at his father who had left her has been jailed...The victim, now aged 17, suffered burns to more than 20% of his body.

"He told Cardiff Crown Court his mother called him to the kitchen and said 'I'm sorry I've got to do this.'

"The judge at the trial said:

"'You built up a resentment for your position as being left as a single parent. Your son's father did not turn up that day as intended and over the course of the day your resentment drove you to behave in a way no mother should. You entirely lost your patience with your son and carried out this appalling act of pouring boiling water over him. You punished your child for wrongs you believed have been done to you by your former partner.'"

Get it? He buys into the David Harris fallacy. The woman is wrong because she let her anger over her husband leaving her consume her and make her do this evil thing. He more or less accepts that the woman had good reason to be mad, that the father was wrong for leaving her and making her a "single parent," but she shouldn't have taken her presumably legitimate anger against the father out on the son.

Yet there's a much more logical way to look at this. The father left the mother because he saw she was capable of cruelty and violence , and perhaps she had previously acted cruelly or violently in a way we don't know about it. He had damn good reason to want to get away from this woman, and she is in no way his victim.

I also doubt she scalded the son because the father (allegedly) didn't show up. The five-year-old was probably scalded because he expressed affection for his father, and this was the vindictive woman's way of punishing him for it.

The mother had also "been before the court on five previous occasion for a total of 13 offences involving dishonesty"--was that her ex-husband's fault, too?

Thankfully, at least the now-teenage son knows the score. He said:

"I got my burns for nothing. I don't deserve to have these scars - I have been punished for nothing - because one woman never loved her son."

To read more and to discuss this on my blog, click here.

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Help for San Diego, Riverside Fathers
The Law Offices of Robert M. Bennett provides caring and compassionate divorce and family law services to clients in San Diego and Riverside Counties. His areas of practice include every aspect of family law, such as divorce, paternity, child custody, child support, spousal support, property division, and post-divorce modification of existing orders. Call 760-631-2082 or go to www.robertmbennett.com

Single Dad Saves His Remarkable Daughter

Aaron, a reader, sent me this touching story about a remarkable young woman whose single dad saved her from drugs and an alcoholic mother:

Her past leads push for school for homeless
By David Hunn
St. Louis Post-Dispatch, 5/16/08

Set aside, for a moment, that Stephanie Kilstein is creating a charter school for homeless teens in the city. And that she spends every free minute canvassing civic leaders and businesses to support a plan that just might work.

Today is not about that.

Kilstein is graduating from Washington University this morning with a master's in social work. And, in this season of graduations, her own path onto this old wood stage inside Graham Chapel is worthy of discussion, by all accounts.

Kilstein, just 22, is being awarded not her first, but her second higher degree. At 18, when most are graduating high school, she was teaching migrant fifth-graders. At 16, she entered college, finishing in just two years.

And at 12, she ran away from home, for just the first of many times.

Kilstein's past is one of a broken and chaotic suburban family in Pennington, N.J. It passes through despair, rehabilitation, rebirth and, now, her singular drive to reclaim others like her.

It's a story told by a family, partially healed, and reunited for this graduation. The Kilsteins, their friends and even local law enforcement describe it this way:

Mom drank so much she disengaged for days at a time. Dad, a state bureaucrat and then a policy analyst for a national drug company, left before dawn, and returned after dark. Eventually, he moved out, got a small place across town, and did his best to be there for his children.

Still, for much of junior high and early high school, Stephanie cared for her three younger brothers. She picked them up from school when they were sick. She cleaned the house, served up noodles and tuna fish sandwiches, and, generally, acted much older than she was.

"Hanging out at her house was really fun," remembered childhood friend Elise Thompson. "There was no real parent supervision."

The Kilstein home was the kind of place mothers don't want their kids to visit, the kind of place local police still remember.

But the troublemakers, the druggies and drinkers found solace there. They hid in closets, fleeing parents and cops. They sat on the couch, ate pots of macaroni and cheese, and smoked.

"They felt safe because they knew what we were going through," said Stephanie's mother, Laurie Kilstein. "We were the haven for the runaways."

The eighth grade was the last year Stephanie completed.

By the start of high school, Stephanie was skipping class, stealing toilet paper from gas stations, and coming home drunk night after night. She ran away when she tired of the pressures of home and returned to clean up.

After months, her father went to her school.

"There was an amazing substance abuse counselor at the high school who I went to speak to and just said, 'Um, I am seriously afraid if we don't intervene soon that something terrible is going to happen to Stephanie,'" said her father, Saul Kilstein.

Together, they sat her down and gave her two options: Go to a home for runaways in nearby Trenton. Or go to rehab.

To discuss this issue on my blog, click here.

Steve Moxon's The Woman Racket
The Woman Racket is a serious scientific investigation into one of the key myths of our age--that women are oppressed by the 'patriarchal' traditions of Western societies. Drawing on the latest developments in evolutionary psychology, Moxon finds that the opposite is true--men, or at least the majority of low-status males--have always been the victims of deep-rooted prejudice.
Jeff Leving's New Book--Divorce Wars
Jeffery M. Leving, one of America's most prominent divorce lawyers, has written a new book on how to win any divorce fairly, even when your spouse brings out the heavy artillery. Divorce Wars: A Field Guide to the Winning Tactics, Preemptive Strikes, and Top Maneuvers When Divorce Gets Ugly provides essential advice on everything from picking the right lawyer and devising a winning settlement strategy to getting the most from your day in court and dealing with an ex-spouse. Divorce Wars is available here.

SAMSONLAW--Divorce Lawyers for Michigan Men & Fathers
If you're a Michigan man faced with divorce, you need SAMSONLAW on your side--SAMSONLAW defends men.
Smart Advocacy Means Stopping Oppression Now. INeedSamson.com

Atlanta TV Station Investigates Abusive Practices by Private Child Support Collector

Dana Fowle (pictured, center) of Fox 5 News in Atlanta recently did a two-part series on the abuses committed by a private child support collection agency. According to Georgia officials, one of the collection agencies operating in Georgia deceived both custodial mothers and noncustodial fathers into thinking that they are a government agency with state power.

According to the station, the agency "Threatens to throw [fathers] in jail--even when they've paid," and builds in numerous hidden "fees" so that little of the money the fathers pay actually gets to the custodial mothers. The fees are in addition to the 35% they take of everything they collect.

The first TV report deals with the problems faced by mothers, and the second one focuses on the problems the agencies create for fathers. To watch, click here and here.

To discuss this issue on my blog, click here.

Help for Midwest Fathers
Cordell & Cordell is one of the largest domestic relations firms for men in the Midwest, representing fathers in Missouri, Illinois, Texas, Kansas, Indiana and Georgia. Men who come to Cordell & Cordell know that their interests and the interests of their children will be aggressively championed. www.cordellcordell.com
Civil War - A Father's Guide to Winning Child Custody
Joseph E. Cordell's Civil War - A Father's Guide to Winning Child Custody  gives fathers clear, easy-to-understand tips on how to achieve the best results possible in a divorce. Comprehensive chapters explain every step of the divorce process, the meaning of legal terms, how courts determine custody, and how to maximize chances of victory at every stage. Cordell is the founder of Cordell & Cordell

Some Thoughts & a Question about Saving Private Ryan

I know I'm about 10 years too late to be commenting much about the movie Saving Private Ryan, but I finally saw the movie the other day and there was something in it that didn't seem quite right.

You may remember that at one point the American squad assaults a German machine gun nest, kills two of the three Germans (and captures the other) and suffers one casualty themselves.  The American soldiers are enraged that one of their comrades has been killed, and they want to kill the German who surrendered.

They almost do it, but Cpl. Timothy P. Upham, a translator with the unit, intervenes on the German's side.  The German begs for his life.  In the end, Captain Miller (played by Tom Hanks), prevents his soldiers from killing the German, and tells the German to march back to the American lines and surrender to the next Allied soldier he sees.

Later on they are in a battle against a larger German unit in a nearby town.  Most of the Americans are wiped out. The German soldier who had surrendered earlier is back with the Germans, and shoots Captain Miller during the battle.

Upham, who had been cowering and too afraid to do his duty during the battle, ends up accidentally being behind several of the Germans, including the soldier they had let go. He takes them prisoner.  The German soldier tries to talk to Upham, but Upham shoots him and kills him.

This seems to be portrayed as a good thing, or as justice, but it didn't seem like it to me.  Why should the German soldier have been executed?  He was only doing his job.  He came across some German units after he was released by Captain Miller.  What was he supposed to tell them -- "Gee, Colonel, you know I would like to fight for you, but I can't because I promised an American officer that I would surrender to the Americans."  I don't think so.

I would add that the soldier was probably just a draftee, not a volunteer, and more importantly, he was part of the Wehrmacht, the regular German army, not the SS, who committed most of the atrocities against civilians and Jews.  I don't see why he should have been executed -- am I wrong?

My favorite part of the movie was just a little scene.  It is after the Americans have gotten a foothold in northern France, and they have captured a German unit.  Some American soldiers are marching the German prisoners of war in a column, and Private Stanley Mellish, a rifleman, stands by the column and taunts the German soldiers, pointing to a Star of David around his neck and saying, "Juden, Juden" (Jew).

Mellish kind of reminds me of a relative of mine who escaped from a German camp, somehow made his way to the United States, and volunteered. He came back to Germany as a soldier in the American army and helped guide his unit through Germany because he spoke the language and knew where everything was. 

To discuss this issue on my blog, click here.

Families Against Confiscatory Child Support (FACCS)
FACCS is the national voice for fair and reasonable child support. FACCS believes all parents have an obligation to support their children financially.  However, in high income cases, laws often result in excessive awards that are effectively alimony in disguise and have little to do with supporting children. www.faccsonline.org / contact@faccsonline.org

Help, Resources for Dads
The National Fathers' Resource Center is a division of Fathers For Equal Rights, Inc. (FER), located in Dallas, Texas, with offices in both Dallas and Ft. Worth. In existence for over three decades, it has services and resources for dads nationwide and is one of the largest and most active fathers' rights organizations in the U.S. www.fathers4kids.org

Help for Florida Dads
Neil Leavitt, PA helps Florida dads defend their relationships with their children during divorce or separation. Leavitt specializes in family law and has practiced law for nearly three decades. The Law Office of Neil Leavitt can be contacted by phone at (954) 989-5858.

'The innocent parent naively believes that by doing what CPS wants, he/she will be left alone...the parent soon finds out they were wrong'

The recent furor over the Texas Department of Family and Protective Services (aka Child Protective Services) raids on the Texas Yearning for Zion Ranch polygamist group reminded me of a nice primer on CPS by Texas criminal defense attorney Paul Stuckle (pictured). It is particularly interesting in light of the recent ruling that the raids were unlawful.

I often get letters from parents who are targeted by CPS, and their stories can be horrific and heartbreaking. Stuckle writes:

"Many parents find themselves overwhelmed when contacted by CPS and for good reason. CPS investigators and caseworkers are able to manipulate parents through fear and intimidation, making the innocent parent feels helpless. CPS has the legal power to take children away from their parents.

"Under these circumstances parents who are not aware of the underhanded nature, shoddy investigative techniques, and financial motivations of CPS readily sign safety plans, service plans, allow CPS into their homes, submit to interviews, and essentially do anything the CPS investigator asks. The innocent parent naively believes that by doing what CPS wants they will be left alone.

"The parent soon finds out they were wrong."

Below Stuckle provides a list of questions to ask yourself when dealing with CPS.

Are You Being Treated Fairly By CPS and the Court System?
By Paul Stuckle, Esq.

1) Was your child contacted by the authorities, questioned or photographed without your knowledge or consent?
2) Did CPS have your child remove his or her clothing without your knowledge or consent?
3) Was CPS contacted by an anonymous informant whose identity was not disclosed to you?
4) Was CPS contacted by a mandatory reporter (teacher, doctor, counselor, etc.) who may lose their job if they don’t report even the slightest suspicion of abuse?...

To read more and to discuss this issue on my blog, click here.

The Rogue Wallet: a Scientific, Stylish Solution
Sometimes great ideas come in unexpected shapes. The Rogue Wallet, the only wallet with a revolutionary curved edge, is designed to fit comfortably in your front pocket. Carrying your wallet in your front pocket makes sense for many reasons, in particular because doing so alleviates back pain caused by sitting on a traditional wallet. Inventor Michael Lyons designed the Rogue Wallet specifically with this purpose in mind. www.roguewallet.com

Help for Houston Fathers
The Law Offices of Thomas A. Martin helps fathers with Family Law and Criminal Defense in Houston and surrounding areas. Martin handles divorce, child custody, alimony, domestic violence, restraining orders and a wide variety of issues fathers face. www.thomasamartin.com

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.

Hugo Schwyzer: Rejecting the stereotype that a man getting a gender studies major is most likely to be gay

In his recent blog post “A man getting a gender studies major is most likely to be gay”: on the importance of refuting that problematic stereotype, my friend Hugo Schwyzer (pictured), a feminist blogger and Women's Studies/Gender Studies professor, writes:

"As a heterosexual man who teaches both women’s history and LGBTQ studies at the community college, I reject the implication that men who are drawn to these vital subjects are 'most likely' to be gay.

"The three classic assumptions we make about men who take gender studies are that they are gay; wolves in sheep’s clothing trying to hit on vulnerable women; filled with deep self-loathing of their own masculinity. There’s nothing wrong, of course, with gay men taking gender studies. There is something very wrong with the assumption that men who take a strong interest in this field are 'most likely' gay."

I agree with Hugo about the assumptions that men in Gender Studies are either "trying to hit on vulnerable women" or "filled with deep self-loathing of their own masculinity." Some of the posters here throw these stereotypes at feminist men like Schwyzer and bloggers Barry Deutsch and Dan Oppenheimer, and I dislike the tactic for about 50 reasons.

Having been on the receiving end of unfair stereotypes many times, I don't have a very high opinion of people who use stereotypes to try to discredit an opponent's argument, as opposed to addressing the argument itself. Whenever this is done to me in a radio debate, for example, by labeling me "anti-woman" or a "misogynist" or whatever, I just smile--I know the other side has lost the debate. (That is not to say that there aren't genuine misogynists on our side--there's no shortage).

On the specific issue of male Gender Studies/Women's Studies/Men's Studies students being gay or largely gay or often gay, I think there's some truth to this, for a reason that Dr. Schwyzer's feminist blinders make it hard for him to see.

Heterosexual men are judged by their success, their careers, and their ability to support a family. Heterosexual men may be interested in Gender Studies--as Schwyzer does note above--but few will want to take it as a major, because it's worthless (or largely worthless) in trying to get ahead in the world. A heterosexual male's access to love, companionship, and sex is shaped in part by his ability to earn a living, and being a Gender Studies major is a poor move.

By contrast, gay men for the most part don't have that concern, so it would not dissuade them from being Gender Studies majors.

To discuss this issue on my blog, click here.

Help for Orange County Dads--Free Consultation
Family law attorney J. Christian Conrad in Orange County, California helps fathers with divorce, child custody/visitation, child support, domestic violence, property division, alimony, and other family law problems. Call 949 457-0101 for a free consultation. www.jcc-law.com

Pre-Paid Legal Services for Divorced Dads
Pre-Paid Legal gives members access to professional legal counsel both for traditional legal problems and for everyday events where legal review should be routine, but rarely is. For Pre-Paid Legal members, access to legal counsel is only a toll-free phone call away. This is an ideal product for divorced dads--to learn more, click here or call Josh Case.

'I am raising our daughter and she has none of our kids--how could they label me a 'deadbeat dad'?'

Background: I've criticized Texas Attorney General Greg Abbott on numerous occasions, including my co-authored column When Beating up on 'Deadbeat Dads' is Unfair (Houston Chronicle, 1/7/07).

Abbott often beats his chest during his frequent crackdowns on low-income fathers he labels "deadbeat dads." I get as many complaints about Abbott and the Texas Attorney General's Office as I do about Child Support Enforcement in all other 49 states combined. To learn more about Abbott and his abuses, click here.

Below is a letter from "Jeremy," a father who says he is being manhandled by Texas Attorney General Greg Abbott's office.

"Dear Mr. Sacks,
 
"My ex-wife and I have been divorced for 12 years, most of which has been amicable. Until last year everything has been fine. I have had our kids most of the time and we have each paid each other as we both agreed (without using the state or lawyers).

"Unfortunately, nothing is in writing because last year she went to the Texas AG and filed our divorce decree to 'get me'. So for the last year they have attacked me as a deadbeat dad in every way possible.

"I have an attorney in Austin, Texas but as she puts it they are in no hurry now to settle because they/she are getting their money now. Isn't there anything I can do?

"Obviously I am not a deadbeat dad, she just used the system to hurt me! I currently have an automatic deduction from my paycheck, for what they say is a $50k in arrears debt, while I am raising our daughter and she has none of our kids. How is this fair? Isn't there anything else I can do other than 'take it'?"

To discuss this issue on my blog, click here.

Divorce and Family Consultant Jayne A. Major, Ph.D. Helps Parents all over the United States
Dr. Major, founder of Breakthrough Parenting Services, Inc., helps dads all over the US with Parental Alienation Syndrome, child custody, preparing for psychological evaluations, dealing with personality disorders including BPD,
parenting and family relationship issues, and much more. Contact her at  jaynemajor@gmail.com or (310) 823-7846. For more info., click here.

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An Interesting Question Concerning Criminals

One of the books I've been reading lately is Rudolph Hoess, Commandant of Auschwitz, the autobiography--yes I said autobiography--of the first commandant of Auschwitz concentration camp. An estimated 1 to 2.5 million people (mostly Jews) were killed at Auschwitz, and it was Hoess who perfected the techniques of mass killing which would make Auschwitz the most deadly concentration camp.

Hoess was captured in 1946 (pictured) and wrote his autobiography (pictured) while awaiting execution. He was hung at Auschwitz in 1947.

There are many, many things to write about this book, but in this post I'll mention only one. The other day I was speaking with John Dias of www.dontmakehermad.com. John was telling me about his arrest on false domestic violence allegations and what it was like in jail. While Dias was eventually cleared, he told me "just being in jail for a little while was hell--you'd do anything, anything to get away from some of the criminals there."

What he said reminded me of one of the themes of Alexander Solzhenitsyn's prison memoirs The Gulag Archipelago, one of my favorite books. Solzhenitsyn said one of the worst parts about being in a labor camp was the way political prisoners like himself were terrorized and manhandled by the prisoners who were ordinary criminals.

Solzhenitsyn said that one common theme among the political prisoners during World War II was "wait until the Red Army veterans start coming to the camps--they'll put the criminals in their place." Yet Solzhenitsyn reported with amazement that when the Red Army prisoners did begin arriving in 1945 and 1946, they were manhandled and terrorized by the common criminals just as badly.

Men who had defeated the Nazi armies--and 90% of Germany's WWII casualties were on the Eastern front--couldn't stand up to them. Men who had fought in the two most important battles in all of human history--Stalingrad and the Kursk Salient--were incapable of organizing and resisting the criminals. It amazed me when I read it.

Now, 15  years after pouring through the Gulag Archipelago, I see a passage on this same subject in Rudolph Hoess, Commandant of Auschwitz. Hoess fought in World War I and later was part of the German Freikorps, which resisted the French occupation. He was imprisoned along with many of his comrades in the early 1920s. Hoess writes:

"As a political prisoner I was kept in solitary confinement. At first I was not at all happy about this...but later on I was quite thankful, in spite of the many small amenities that life in the larger communal cells offered...[in solitary] I escaped the hideous bullying practiced by the real criminals in the larger cells...[their] bullying is directed mercilessly against all who do not belong to the criminal fraternity...even the strict supervision of a Prussian prison was unable to prevent this terrorism."

The same theme as Solzhenitsyn--Hoess and his comrades were all World War I veterans who had faced machine gun fire, poison gas, and all the horrors of trench warfare, yet they were "terrorized" and "bullied" by common criminals.

I can't say I really have much of an explanation for this. I suppose one reason would be that Hoess and Solzhenitsyn and all the military veteran prisoners still had their eyes pointed towards the outside world, whereas criminals are accustomed to the prison environment and are focused on how best to achieve advantages and privileges there. It would take quite a change of mind for a noncriminal prisoner to reorient himself this way.

Anybody else have any theories?

To discuss this issue on my blog, click here.

Listen to the Wisest of All
Listen to the Wisest of All is based on interviews with seniors between the ages of 88 and 104. The seniors honestly and eagerly shared unique insights, inspiring quotes, their strong spiritual beliefs, and their advice to the younger generation. Listen to the Wisest of All illustrates life through the retelling of the seniors' experiences. Their stories were gathered into vignettes that reveal the deeper nuances of life, love, and the passions that gave meaning to their lives. www.listentothewisest.com

Poppa Won by Michael Anthony
Children are sometimes used as pawns in custody battles. They get caught in the middle and can feel responsible, hurt, or confused.  Poppa Won is the true story of how one father refused to give up and fought through the courts to win shared parenting of his only child. Poppa Won helps teach non-custodial parents how to contend with the legalities of a custody war.  www.poppawon.com

Out of everything black Americans are facing, THIS is the 'serious moral issue' that black churches need to tackle?

"The time is now for conservative black churches to join with white Christians in opposing this ruling. For far too long churches have sat on the sidelines while serious moral issues have been decided without their participation. This issue is about right and wrong.

"Changing the definition of traditional marriage to include homosexuals is wrong and Christians have a moral duty to speak out against it. Black ministers must encourage their congregations to support grassroots coalitions that seek to protect traditional marriage."--Rev. Jesse Lee Peterson, President of the Brotherhood Organization of a New Destiny, on the recent California Supreme Court pro-gay marriage decision

Are you kidding me? Seventy percent of all black children are born out of wedlock, most are growing up without a father in their homes, the black family has been shredded, black noncustodial fathers are harassed and jailed over unrealistic child support demands and are only marginally able to participate in their children's lives, and the good reverend with a straight face tells us that the problem black churches need to focus on is...gay marriage?! Out of everything black Americans are facing, this is the "serious moral issue" that black churches need to tackle?

I would love for Jesse to explain the connection between gay marriage and the woes faced by black families. My opinions on the recent court decision are elaborated in my recent post Christian Groups' Hysterics over New CA. Pro-Gay Marriage Decision.

I had an odd run-in with Peterson when we were both on a speaker's panel at a Los Angeles discussion during a screening of the documentary "Before the Fact" at the Raleigh studios in Los Angeles in 2005. He and I were on the discussion panel, and we clashed after he made several wild and insulting generalizations about women, including "99% of [family] violence is coming from women."

After I distanced myself from his clownish comments he accused me of wimping out, and he and I got into a brief, angry jawing match in front of everybody. It was strange, to say the least. I've watched with mild amusement as Peterson's prominence and media profile has continued to increase--it tells you more about the way the media works than you want to know.

To discuss this issue on my blog, click here.

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

www.WHYJUDGELITTLE.com
My goal is to inform the public about the rulings made by Madison County, Alabama, Judge Loyd H. Little, Jr. that have turned my son’s life upside down the past two years. Judge Little’s rulings affect everyone in Alabama because they become LAW. A judge ruled (made LAW) in Bayliss vs Bayliss (1989) establishing child support beyond age of 18 which is now applied standard statewide to all unmarried or divorced parents. – Chris Hobbs, Father www.WHYJUDGELITTLE.com

The Feminist Dissident: Men's Activists Unfairly Blame Women for Low Conviction Rates in Rape Cases

"Men’s activists have a narrower focus of blame [for acquittals in rape cases]: the women themselves. If women weren’t lying cows, real victims would get their justice. They base the lying cow theory on a high plurality of cases considered by investigators to be unfounded."

The purpose of "The Feminist Dissident" is to give feminists a chance to speak directly to my audience, and my audience to debate the issues with them in a civil manner. To read previous entries, click here.

Contributors include/have included Micky M. (aka Michelle), Dan Oppenheimer and Jamie Berger of the blog Masculinity and its Discontents, and Hari Narayan Singh Khalsa (aka Harq-al-Ada). If you are a feminist and are interested in submitting a blog post, please email me at glenn@glennsacks.com.

Men's Activists Unfairly Blame Women for Low Conviction Rates in Rape Cases
By Hari Narayan Singh Khalsa

My perception of men’s and women’s issues has been fraught with uncertainty and frequent change as long as I have had perceptions of them. When I first started reading feminist and masculist blogs during my Freshman year of college I approached them with a voyeuristic air. Who are these madmen and loony women who are so angry about supposed unfairness based on gender in this age? Why are they so pissed off?

The latter question I still haven’t answered, but I have grudgingly come to appreciate that both groups have valid points on many topics. On some issues though, feminists and masculists remain stubbornly, unwaveringly wrong. One of those is the prosecution rate for alleged rape.

It is human nature to see purpose and agency in all things; we do not like to think of important phenomena as being random or uncontrollable. The problem with this is that we are quick to blame someone when something goes badly. Anyone will do, but preferably a selection of scapegoats that helps our personal agenda.

The low prosecution rate of rape looks like a symptom of a broken system. Either countless victims are not getting justice or defendants are having their lives unnecessarily upset in large numbers, possibly both.

Feminists tend to blame a sexist culture that supposedly allows officials and juries to be swayed by testimony as to a woman’s dress, prior sexual activity, etc. Alleged rapists aren’t prosecuted, according to feminists, because of permissiveness about rape and society’s blaming of the victim.

Men’s activists have a narrower focus of blame: the women themselves. If women weren’t lying cows, real victims would get their justice. They base the lying cow theory on a high plurality of cases considered by investigators to be unfounded.

“Unfounded,” however, does not connote positive proof of falsehood, merely lack of evidence for verification. I agree with MRAs that alleged rapists, like other criminal defendants, should be considered innocent until proven guilty, and that that sentiment should extend beyond the courtroom. I also believe it should extend to those who might be suspected of giving false rape accusations; for some reason the standard of innocent until proven guilty is forgotten in such cases by some people.

A standard of evidence that favors the accused is a valuable part of our democracy. However, it will inevitably produce a lot of false dismissals and acquittals for types of crime that are difficult to prove. This issue, for me, comes down to a disappointingly banal factor: the nature of the evidence commonly available in rape cases.

A large proportion of rape accusations being of the “date rape” variety means establishing that sexual contact occurred is insufficient, that evidence concerning existence of consent essentially comes down to he said/she said. Given a legal system that wisely prioritizes physical evidence, neither society nor law officials can be blamed for the current state of affairs.

One could point out, as feminists do, that a sizable proportion of the public does think a woman carries some of the blame for rape based on how she dresses, etc. I prefer to be charitable and guess at a different causal relationship between prosecution rates and victim blaming: the low rate causes people to want to blame the victim. They need to alleviate the cognitive dissonance of seeing someone who probably was justified in her accusation come back from a courtroom defeated. In the inherently just world most people believe in, someone must be at fault after all.

To discuss this issue on my blog, click here.

Help for Los Angeles/Ventura County Dads
Certified Family Law Specialist Peter M. Walzer was one of the key figures in our successful legislative struggle to preserve the LaMusga move-away decision. As Chair of the State Bar of California Family Law Section Executive Committee, Walzer lobbied the state legislature to improve California laws on child support and child custody. He's an American Academy of Matrimonial Lawyers Fellow who has authored numerous articles on custody issues, business valuation in marital dissolutions and spousal and child support.  www.California-Divorce.com

Parental-Alienation-Awareness.com
Stop Parental Alienation--a terrible form of Child Abuse. Nine states have now officially recognized Parental Alienation Awareness Day. To learn more, go to Parental-Alienation-Awareness.com.

LaMusga Divorce Financial Planning
Divorce brings about a myriad of financial challenges and changes. Often divorcing couples make important decisions in a rash manner, with emotions impairing their judgment. These decisions may at times serve the parties well in the short-term, but can result in damaging and unnecessary long-term financial hardships. Certified Divorce Financial AnalystTM Gary LaMusga can assist you and your attorney in the process. To learn more, click here or call 925-287-1567. Tracking Number 6790, DOFU 11/07

A Mexican Lesson in Teaching Respect for Elders

My daughter sometimes likes me to tell her Latin American folk tales as bedtime stories.  I learned quite a lot of them while getting my Masters Degree in Latin American Studies at UCLA.  There is one short story in particular that I remember, which I thought was a very effective way of teaching young people to respect and care for the elderly.

I'm sure somewhere on the web someone could find a better version of it than what I told her last night, but this is the story how I remember it:

"A family lives on a farm in rural Mexico and the grandfather lives with them.  The grandfather is old and sickly and the family is struggling economically.  Finally the father doesn't feel that they can take care of the grandfather anymore, so he tells his son to get a shovel and to come with him into the forest.

"The father brings the old man into the forest, takes the shovel and clubs him with it from behind, killing him.  Then the father and the son use the shovel to bury him and cover the hole.

"As the father and son are making their way out of the forest, the father notices that the boy is still carrying the shovel.  The father says to the boy, 'That's an old shovel--you can just leave it here.' The boy replies to his father:

"'No, dad, I think I'd better keep it.  I might need it someday.'"

[Late note: Apparently Linda Stofle of Bellflower [Los Angeles] California could have used this lesson. Today she was charged with murdering her 85-year-old widower father and burying him in her backyard. The most recent story about it is here--I just heard on the radio that she has now been charged.]

To discuss this issue on my blog, click here.

(The drawing above is of Dia de los Muertos/"Day of the Dead," and doesn't really have anything to do with my story, except that it is another aspect of Mexican folklore.)

ExRants.com--The Place to Rant About Your Ex
ExRants.com is the place to rant about Ex-Wives, Ex-Husbands, Ex-Girlfriends, and any type of Relationship Rants. All posts are 100% anonymous. Get it off your chest and get a good night's sleep. Do you have a question about something and would like to see what others think about it? Ask it here with complete anonymity. www.ExRants.com

Steven Carlson, the Custody Coach, has helped thousands of parents with child custody.

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 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. If you need Steven's Custody Coach services, click here.

Be sure to add glenn@glennsacks.com to your address book or
safe sender list so our emails get to your inbox.

A Sad Commentary on Our Education System

I just had this conversation with an insurance company phone representative:

Me: Hi, I need to straighten out a billing error.

Insurance Company Representative: OK, what state are you in?

Me: California

Insurance Company Representative: Northern or Southern?

Me: I'm in Los Angeles

Insurance Company Representative: Is that Northern California or Southern California?

Me: Los Angeles, ma'am.

Insurance Company Representative: I don't know where that is--I was born in Florida.

I was a little appalled and said to myself, "I can see this happening if it's a call center in India, but how could an American be so clueless?"

Then I realized--if it were a call center in India, they would've known...

To discuss this issue on my blog, click here.

Dr. Warren Farrell's Shared Parenting Evidence Kit--What You Need to Win Shared Physical Custody
Dr. Warren Farrell, a top expert on children of divorce now offers a complete evidence kit to help you win shared custody.  The DVDs, audio CD and electronic files summarize the best scientific research available collected over decades.  Scientific research has proven that children do far better with near equal time with both parents with minimal conditions.  This video set was developed to educate parents, judges, lawyers, psychologists and other divorce professionals. Most judges are doing exactly what is worst for children with sole-custody.  Submitted as evidence this will maximize your chances. Divorce Reform groups call(508) 381-1450 to use as fundraiser. www.BestInterestofChildren.org

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. Lady4Justice.com

Some Thoughts on Child Support Amnesties

"When child support payments pile up, parents who owe money often stay away from their children for fear of being arrested.

"Genesee County is offering a solution: Turn yourself in between Mother's Day and Father's Day and you won't be arrested.

"It's a new amnesty program the county is trying out. It's called Parent Safe Surrender.

"Sitting in a cell, they wouldn't be able to pay, so the people at Genesee County Friend of the Court thought, 'Why not just let them turn themselves in?'"

This temporary child support amnesty program from the Genesee County, Michigan Friend of the Court is a good idea, I guess, although I trust Michigan child support about as much as I can dance ballet. I would also add that in a state hard hit by economic troubles like Michigan, a large percentage of the alleged "child support arrears" are fake, and are instead caused by  fathers' inability to get their child support modified downward after being laid off.

However, one thing in the story did interest me--the statement, "When child support payments pile up, parents who owe money often stay away from their children for fear of being arrested." Child support enforcement often criticizes child support debtor dads for not being in their kids' lives or they say "at least they should have paid some," but the reality is that the state's punitive measures often drive the fathers away. It is nice to see this acknowledged.

I made this point during my debate with Ohio Butler County Child Support Enforcement Agency Executive Director Cynthia Brown last year. Butler launched a highly-publicized campaign which put mug shots of the County’s “Most Wanted Deadbeat Parents” on pizza boxes. She said the "deadbeats" she was pursuing and publicly humiliating "had been gone for years." I replied, "Maybe they're gone because you've been chasing them."

The full story is Turn yourself in between Mother's Day, Father's Day, you won't be arrested (WJRT, 05/09/08)--thanks to Cecilia, a reader, for sending it. To watch my debate with Brown on FOX News, click here.

To discuss this issue on my blog, click here.

Help for NYC Fathers
The Law Office of Tracey A. Bloodsaw provides quality family law services at affordable rates. We pride ourselves on serving a community that is often neglected--fathers. Our areas of practice include: divorce; child custody/visitation; child support; domestic violence; and many others. Call 718.274.1599 or go to www.traceyabloodsaw.com.

Are You the Target of Parental Alienation?
Parental alienation cases are among the most difficult and complicated in family law. J. Michael Bone, Ph.D., is an expert on parental alienation. If you're a target parent, he can help you get back into your children's lives. Bone has worked as a custody evaluator and as a therapist and knows how to help the court find the truth. His services are available throughout the U.S. Dr. Bone can be reached by phone at (407) 645-0662 or by email by clicking here. www.jmbconsulting.org
How to Win Shared Custody
Here are the litigation secrets to winning shared physical & legal custody from Boston trial lawyer  Nick Palermo, Esquire  who has won these cases for 24 years.  It costs $5,000 or more in legal fees to gain the knowledge and guidance contained in this $10 handbook--The Ten Essential Elements to Winning Joint Shared Physical and Legal Custody. www.TenEssentialElements.com

Author Says Rebecca Eckler Misquoted Her in a 'Horrifying' Way

Background: In Author Says Divorced/Separated Dads Owe Their Exes a Mother's Day Gift, I criticized Canadian journalist Rebecca Eckler's recent article Get what you want this Mother's Day. Twist the ex's arm (Globe and Mail, 5/6/08).

Canadian journalist Lydia Lovric, a critic of Rebecca Eckler, posted on my blog about some of Eckler's history--see my post 'Rebecca Eckler put her kid in day-care and had two nannies--you can barely call her a mother...'

Canadian writer Vanessa Craft (pictured), author of Out of Character, wrote me about Eckler's piece and is fuming, claiming she was misquoted and misinterpreted. She asked me to post her letter below, saying she "wants the opportunity to clear my name."

Vanessa Craft responds to Rebecca Eckler

Hi Glenn,

I was pretty shocked by Eckler's Globe and Mail piece, and I wanted to make it clear that my comments were sarcastically and obviously in a joking manner at the end of the interview session.

I had already said numerous things about the great relationship I have with my daughter's father and how considerate he is towards me even though he is under no responsibility to do so.  I was under the impression that the article was about what single moms do to handle being on their own over mother's day, more of a 'Do you still get a card from your ex? Do you spend it with friends and family?' type of thing, not so much about how to collect presents from their former partners. Needless to say it was pretty horrifying when I saw the story.

I unfortunately assumed that I could expect to be quoted correctly - no fact checker called me, and I certainly wouldn't have agreed for that quote to have been used as I feel it was completely misrepresented.

Best and thanks for your time,

Vanessa

To discuss this issue on my blog, click here.

Help for Boston Dads
The Law Offices of Nicholas Palermo in every custody and support case, consistently promotes and advances the fundamental, Constitutional, equal right of all involved and fit Fathers, to raise and nurture their children.  In case after case, founder Nick Palermo establishes that Fathers are parents, not "visitors", and secures joint, shared custody, and equal parenting rights for both fit parents. In 2008 we celebrate our 22nd year as a downtown Boston trial and full service law firm.  LAW OFFICES OF NICHOLAS PALERMO
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

Researchers Cite 'Myth' That 'Few Men Experience Domestic Violence'

An interesting new study from the Agency for Healthcare Research and Quality and the Group Health Center for Health Studies on male victims of domestic violence. In the study, "The researchers defined domestic violence to include nonphysical abuse—threats, chronic disparaging remarks, or controlling behavior—as well as physical abuse: slapping, hitting, kicking, or forced sex." I think the results would be more meaningful had the researchers separated the two, or only counted physical violence.

Still, the researchers' press release cited five "myths" about male victims of domestic violence, including "Few men experience domestic violence," "Abuse of men has no serious effects," and "Abused men don't stay, because they're free to leave."

Men experience domestic violence, with health impact, Group Health study debunks five myths about abuse of men
(5/19/08)

SEATTLE—Domestic violence can happen to men, not only to women, according to Group Health research in the June American Journal of Preventive Medicine. "Domestic violence in men is under-studied and often hidden—much as it was in women 10 years ago," said study leader Robert J. Reid, MD, PhD, an associate investigator at the Group Health Center for Health Studies. "We want abused men to know they're not alone." His findings confirm some common beliefs but also debunk five myths about abuse in men:

Myth 1: Few men experience domestic violence. Many do. In-depth phone interviews with over 400 randomly sampled adult male Group Health patients surprised Dr. Reid and his colleagues: 5% had experienced domestic violence in the past year, 10% in the past five years, and 29% over their lifetimes. The researchers defined domestic violence to include nonphysical abuse—threats, chronic disparaging remarks, or controlling behavior—as well as physical abuse: slapping, hitting, kicking, or forced sex.

Myth 2: Abuse of men has no serious effects. The researchers found domestic violence is associated with serious, long-term effects on men's mental health. Women are more likely than men to experience more severe physical abuse, said Dr. Reid. "But even nonphysical abuse——can do lasting damage." Depressive symptoms were nearly three times as common in older men who had experienced abuse than in those who hadn't, with much more severe depression in the men who had been abused physically.

Myth 3: Abused men don't stay, because they're free to leave. In fact, men may stay for years with their abusive partners. "We know that many women may have trouble leaving abusive relationships, especially if they're caring for young children and not working outside the home," said Dr. Reid. "We were surprised to find that most men in abusive relationships also stay, through multiple episodes, for years."

Myth 4: Domestic violence affects only poor people. The study actually showed it to be an equal-opportunity scourge. "As we found in our previous research with women experiencing domestic violence, this is a common problem affecting people in all walks of life," said Dr. Reid. "Our patients at Group Health have health insurance and easy access to health care, and their employment rate and average income, education level, and age are higher than those of the rest of the U.S. population."

To read more, click here.

[Note: If you or someone you love is being abused, the Domestic Abuse Helpline for Men and Women provides crisis intervention and support services to victims of domestic violence and their families.]

To discuss this issue on my blog, click here.

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
Lisa Scott's RealFamilyLaw.com
Shared Parenting Advocate/Family Law Attorney Lisa Scott's RealFamilyLaw.com exposes 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. RealFamilyLaw.com

Dance4Equality
Dance4Equality promotes awareness and advocacy for equal rights in family law through the beautiful uniqueness of dance. Led by Derek J. Bailey, an enrolled tribal member of the Grand Traverse Band of Ottawa and Chippewa Indians, Dance4Equality has led protests against the Michigan family courts to promote equal protection for all in family law cases. To learn more, click here.

Florida Court: It's OK to Look up a Woman's Skirt with a Mirror, as Long as It's a Public Place

"Former teacher Brian Presken, 32, was accused of using a mirror to look under a woman's skirt last summer at Barnes & Noble Booksellers on Airport Boulevard in Pensacola.

"Defense attorney Katheryne Snowden argued that the voyeurism charge should be dropped because Presken's accuser didn't have a reasonable expectation of privacy in a public place under Florida law.

"The law under which Presken was charged states, 'It is illegal to secretly observe someone with lewd, lascivious and indecent intent in a dwelling, structure or conveyance, and when such locations provide a reasonable expectation of privacy.'

"Snowden said the statute her client is charged under — 810.14 — doesn't define the phrase 'reasonable expectation of privacy.'

"Judge George J. Roark III agreed and dismissed the charge Friday afternoon."

The feminists are up in arms over this case, and at least as it is explained in this newspaper article, I can't blame them.  A woman goes to a Barnes & Noble bookstore, a man apparently uses a mirror to look under her skirt, and his attorney argues that it's okay because she was in a public place and thus "didn't have a reasonable expectation of privacy"?!

That is an outrageous claim, but defense attorneys say all sorts of things, so I don't worry about that too much.  What is troublesome is that the judge agreed and dismissed the charges.  Do they really expect us to believe that just because a woman is in a public place it is okay to use a mirror to look up her skirt?

Another interesting part of the story is this -- "Assistant State Attorney Greg Marcille said the ruling will not be appealed. 'We intend to ask the Legislature in next year's session to consider amending the statute to cover situations such as what occurred in this case.'"

Here we have a quirk in the law, and the legislature will probably fix it ASAP. While I would agree with Marcille in this case, it shows you what good politics feminism is, and how quickly legislators and officials often respond to women's concerns.  The full article is Voyeurism charge tossed (Pensacola News Journal, 5/17/08).

Vanessa Valenti of www.feministing.com wrote about this decision with considerable dissatisfaction in her recent blog post 'Peeping Toms' gain popularity in the courts.

To discuss this issue on my blog, click here.

Family Law Help for Dads Nationwide
The Alliance for Single Parents helps dads nationwide with child custody, child support, Parental Alienation, and other family law problems. If you've got a family law problem and are looking for a resolution at a reasonable price, call the Alliance for Single Parents at 1-888-937-3466 (1-888-We're Home) or email them by clicking here. www.allianceforsingleparents.com

Are you or someone you love being abused?
The Domestic Abuse Helpline for Men and Women provides crisis intervention and support services to victims of domestic violence and their families in order to help survivors recover from the trauma of domestic violence. Contact them by clicking here.
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.

Mary Winkler discusses her visitation with her daughters

"My girls are my girls, and I'm their mother.  We were just put back together, and we picked up where we were separated."--Mary Winkler, from Mary Winkler Breaks Her Silence (WREG-TV, 5/16/08)

Yes, Mary, you just pick up right where you left off.  Please don't let the fact that you shot these children's father in the back and then allowed him to slowly bleed to death -- even pulling the phone out of reach so the man couldn't dial 911 to save himself since you wouldn't -- interfere in your relationship with your girls.  Just get the girls back and it will be just like old times.

And of course television reporter Brian Kuebler can't bring himself to utter one word questioning this happy scene or implying that anything could be wrong.  His e-mail address is brian.kuebler@wreg.com.  The full article can be seen here.

To learn more about this case, see my co-authored column No child custody for husband-killer Mary Winkler (World Net Daily, 9/14/07).

To discuss this issue on my blog, click here.

Best Wishes,
Glenn Sacks
GlennSacks.com

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