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Q: Investigating attorney to attorney collusion ( No Answer,   0 Comments )
Question  
Subject: Investigating attorney to attorney collusion
Category: Miscellaneous
Asked by: 3743-ga
List Price: $10.00
Posted: 26 Jan 2006 10:09 PST
Expires: 26 Jan 2006 12:24 PST
Question ID: 437948
My daughter and her current husband had a short, but ugly marriage. 
In order to get her to go out with him and ultimately to marry him, he
told her he was a graduate of her alma mater, had served as an Army
officer (she was an AF officer), that he didn't believe in corporal
punishment of children (each of them have 2 from previous marriages),
had never been an abuser himself, was healthy, had good financial
prospects, etc.  All turned out to be lies after the marriage fell
apart, but he perpetuated the lies with my wife and I in the face of
mounting evidence to the contrary.  After he hurt his own boys, had
hit my daughter, and finally scared her son, she left him.  She came
to stay with us and he occupied their home.  Despite establishing a
very good rapport with his parents and sister, who shared his problems
with the truth and his erratic behavior with her only after they were
married, they turned on her as soon as she walked out.
The last time they saw each other was on a day she returned to their
home to get clothes for work.  They got into an argument that
escalated into breaking things and pushing and shoving.  He pushed her
out the door.  She noticed she had left her car keys inside, so she
returned.  When he saw her coming, he moved toward her (threateningly,
she says) and she kicked him hard.  He went down and grabbed for her
leg.  In shaking him off, her shoe hit him in the head.  His version
is that she returned and attacked him without provocation and then
kicked him in the head purposely when he was defenseless.
She then rushed to another phone and called my wife, asking her to
call 911, which she did.  At the same time, he was calling 911.  Two
police officers arrived, interviewed them separately, wrote a report
that they could not determine who was at fault, and issued cross
warrants for domestic assault.
When their case came before the judge, the prosecutor surprised
everyone by announcing he was only going to prosecute my daughter. 
It's not clear to me if he dismissed the charge against her husband or
nolle Prosequo'ed him.  In any case, his attorney departed and both
she and he were questioned by the prosecutor.  I also was called.  Our
position was that it was self defense and this guy was a compulsive
liar with previous accusations of abuse from his former wife who was
also there to testify.  Based on the rules of evidence, neither the
judge nor the prosecutor would permit this information to be
introduced.  On the advice of her attorney, she "stipulated to the
charges" rather than enter a plea and the judge ordered her into a
10-week anger management class and 6 months probation after which she
could return and he would dismiss the charges.
Shortly after the incident, again on the advice of her attorney, my
daughter petitioned for a protective order against her husband.  The
same judge who would later hear the case ordered a joint protective
order that lasted for 2 weeks.  Then, his sister, who is a local
attorney, retaliated by filing for a protective order against my
daughter.  In court, they (her husband, also an attorney, represented
her) tried to introduce a lot of fabricated information about my
daughter's violent past (mostly based on her supposed military
training) which the judge disallowed.  Their case finally came down to
a voicemail my daughter had left for the sister after the altercation,
in which she expressed her disappointment at what she saw as the
sister's betrayal of their trust in not telling her what her brother
was really like.  When the judge asked to hear it, they said it was
inaudible and could not produce it.  The judge, looking visibly
disgusted, ordered a 2-week "cooling off" period after which the
plaintiff could return with new evidence.  Needless to say, they never
showed up.
It seemed strange to me and all 4 of the other attorneys I talked to
that the prosecutor would have made his decision on so little
information and essentially taken the case out of the judge's hands. 
I went in and talked to the prosecutor and he said that the husband's
statement to the police sounded more believable and that he had
sustained more injury than she had.  He insisted he had no ulterior
motive even though the husband was related to two attorneys who live
in the same town and the prosecutor had worked for many years under
the husband's attorney when he himself was a prosector in the
Commonweath Attorney's Office.  I also talked to the Commonwealth's
Attorney who is the prosecutor's boss.
Since then, we have gathered a great deal of documentary and
testimonial evidence that my estranged son-in-law is a liar--no
college degree from anywhere, no military service of any kind, etc. 
As the result of one of the more grievous misrepresentation, we have
filed a multi-million dollar damage suit against him which was sealed
by the court.
At about this time, my former son-in-law and father of my grandson,
came out of the woodwork.  After barely using the visitation
opportunities he was given when my daughter and he divorced and she
was awarded sole custody, he made contact with his "successor" who
undoubtedly told him many things about my daughter than he considered
damning.  Despite being told by my daughter about all the sordid
details because they involved their son, as well as hearing from a
Child Protective Services worker who had investigated both parties
after the altercation that my daughter provided a happy and loving
home, completely free from any violent behavior, he filed a motion to
change custody to him; primarily based on my daughter being "arrested
for assault and battery and sentenced to anger management."  His local
attorney (he lives in California) is a friend of the husband and wife
team mentioned earlier and was probably recommended by them.

At the same time, my estranged son-in-law's former wife and mother of
his children, filed for a change in custody from joint to full, citing
his violence toward the children and my daughter.  We were to be a
part of that since my wife and I witnessed a good deal of this
behavior when they all live in our home waiting for their house to be
built.  The case was pretty even until the home study done on his
house came in.  It contained "conclusions" that he had a history of
marrying "violent women," and that the children "froze up" when they
heard my daughter's name (concluding they were afraid of her, even
though they never said so and were actually afraid of what their
father would do if they said anything nice about her). This completely
unprofessional report tipped the balance and they settled.  However,
his side added an addendum directing the mother to "ensure the
children were never around my daughter until a counselor says they can
be."  Undoubtedly this will be used against her by her former husband
in their custody case.
The "team effort" put into effect against my daughter is obvious, but
not illegal.  However, the hand of the husband and wife attorneys in
the bizarre prosecution of my daughter and the report of the home
study social worker seem more than coincidence.  This is particularly
ominous since my former son-in-law has often stated to others that
"we've talked to the judge," or "we know the prosecutor and the
magistrate," etc.  By the way, my daughter dutifully completed he
anger management class with flying colors and a notation from the
facilitator that it was a class "she didn't really need."
Is there any recourse to punish or at least expose the collusion we
think took place to destroy my daughter's professional reputation and
take her son away from her and his sister?
Answer  
There is no answer at this time.

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