Patience Personified

Posted: March 29, 2015 | Author: Father | Filed under: Doctor Levin, Doctor Wolman, Jim Cantwell, Judge Menno, Margaret Kenney, Michele Dorsey, Mrs. Marshfield | 3 Comments

Ultimately, all evidence rolls up to the judge, and it is at his or her discretion to pull truth from conjecture, speculation and lies. I’ve seen a pile of documented evidence in this case ignored. A probate judge also has the ability to intervene throughout a case and do the right thing. While some judges, within the U.S. judicial system, have limited discretion in their sentencing, probate judges perhaps have some of the broadest authority and discretion in sentencing and how they conduct their courtroom.

The probate judge’s power appears unlimited. They serve without term limit, and are not democratically elected. Moreover, based upon my correspondence with the Massachusetts Bar concerning Attorney Michele Dorsey (Scituate, MA) and her role in this matter it is my understanding that all complaints and disciplinary action, in regards Attorney Dorsey and her role as both mediator and parenting coordinator, also rolls up to Judge Menno. There appear to be no Massachusetts rules or laws governing the Guardian Ad Litem role either. Here again, any complaints or issues concerning same appear to be within the Judge’s domain.

But who is ultimately responsible for Judge Menno, and his professional behavior?

Judge Menno sat in the same trial that I witnessed, and presumably saw the same evidence and heard the same testimony I did. The evidence my attorney and I brought to this case was not refuted, and there was plenty of evidence suggesting that the many collaterals, and court appointees, in this case had either lied at various points in this process, or were inept in their roles and failed to perform. But perhaps this is standard operating procedure in Plymouth County Probate System? Or maybe this just they way Judge Menno conducts his courtroom affairs.

If Judge Menno thought this case was “frivolous,” and I fail to see how underfeeding a nine year old boy to the tune of fifteen pounds, et al., then why did he conduct four day trial?  If the matter had already been decided prior to the fourth day of trail than why conduct it? And to hear both father’s and mother’s attorneys speak – it appears that the matter was a foregone conclusion (see proceeding chapter). Unless conducting the trial was strategic in nature, and there was another motive? Either way, serious resources were brought to bear, and this money could have gone to Chris and/or his future.

And I’m afraid that money is what this entire matter was about, almost certainly from Margaret Kenney’s perspective, and possibly from the perspective of the Probate Industrial Complex. After all, there are professionals to feed. That Chris undoubtedly suffered at the hands of his mother is in no doubt from my perspective or the perspective of my son. And I believe any rational adult reading this book will concur. The suffering endured by my son was both physical and psychological in nature, while under the care of his mother.   And I little doubt that my son’s suffering continues to this very day. Having been rewarded by the courts for her behavior, one cannot imagine that Margaret changed her behavior, but rather her behavior was reinforced by Judge Menno.

What I have not discussed in this book is the role my son’s therapist played in this matter, Doctor Sol Levin. And there is a great deal that I do not know about this man’s relationship with my son. I do know this however, early in the process Dr. Sol Levin called me into his office after a visit with Chris, and asked for the GAL’s name and address. The doctor was visibly upset, and clearly wanted to discuss this matter with the authorities or the GAL. Chris opened up to me after this session that he had unloaded to Doctor Levin, like a “volcano,” all that was going on in his mother’s home. And yet, in the GAL report, as documented and testified to on the first day of trial, Doctor Wolman only spent fifteen minutes with my son’s therapist, Dr. Levin. So the only independent and professional source, who supposedly knew and spent time with my son, and Doctor Wolman allocates fifteen minutes with this individual, my son’s therapist.

Sounds like the fix was in.

Doctor Levin is yet another of Judge Menno appointees. As such he’s just another member of the Probate Industrial Complex. Doctor Levin and I spoke a couple of times, and he seemed very much in awe of attorney Dorsey. Of course, after this case was over there would be other cases and possible referrals down the road. It wouldn’t do for a member of the probate industrial complex to rock the boat, and cut oneself off from a peer or upset another professional or colleague. The peer pressure for these professionals to mutually agree, and get along and go along must be tremendous. In November 2011, after I had not seen Chris for three months my attorney recommended that I call Doctor Levin to learn how my son was doing. One of the key things Doctor Levin had to say during our call was that Chris missed me and asked about me often. He also went on to say that the professionals involved in this case were deciding if I should be reintroduced into Chris’ life.

It appears that the professionals in the case were so disturbed by my blog, that nobody read, that they would exact retribution by withholding visitation from my son.

What follows is a timeline and a brief narrative on my interaction with the Plymouth County Probate Court. As for the findings of fact, Judge Menno appears to have copied attorney Cantwell’s findings, verbatim typos and all.   We were told in the 2.5 months leading up to Judge Menno’s decision that he was working very hard on the case, and putting forth a great deal of time and energy into his decision making, per his secretary or judicial assistant.

As the reader will see… from the date Chris asked me if his mother was trying to kill him (by deliberately withholding food) to the date the ruling was rendered was almost two years. Of course, Maragaret’s Attorney, State Rep. James Cantwell, promised he would drag this trial out indefinitely, against the wishes and best interests of my son.

Many have said I lacked patience in the handling of this trial; but when your son is manipulated like a pawn by Massachusetts Legal professionals (and is suicidal while under his mother’s care), out of presumed maliciousness and greed, what’s a father to do but expose these individuals for their corruption and incompetence. Two years to try this case, and another year of court room proceedings – initiated by Margaret afterwards – I believe I deserve an award for patience.

Probate Court Time Line of Events:

May 2010:

Michele Dorsey of Safe Harbor is appointed parenting coordinator against the wishes of the father, by Judge Menno.

Michele Dorsey’s documented bias against the father in the case, not withstanding.

Instead of appointing a GAL to investigate this matter, the Judge agrees to have both parties go in for psychological evaluation. This psychological testing option, in lieu of the appointment of the GAL, originated from Margaret, her attorney and Michele Dorsey.

Father appeals the Judge’s appointment of a parenting coordinator, providing among many reasons that the judge does not have the authority to appoint a parenting coordinator.   The judge denies the appeal.

October 2010:

Father files for contempt because of Margaret’s refusal to adhere to Judge’s orders that they submit to psychological review.  Of course, psychological review was Margaret’s idea in May 2010, in lieu of appointing a GAL. Jim Cantwell indicates that he did not know the costs involved with a psychological exam when they originally recommended it in May 2010.

The judge declines to hold Margaret in contempt, and reverses his earlier order- rescinding the order for psychological review.

Chris is to begin attending therapy, as ordered by the judge.

The court declines to appoint a GAL.

November 2010:

The judge reverses himself, again, and agrees that a GAL should investigate this matter.

Trial is scheduled for 6-20 and 6-22-11.

January 2011:

Two months later, the judge handpicks Dr. Wolman to be the GAL.

Doctor Wolman’s track record in this matter and testimony speak for themselves, and are possibly a reflection upon the judge and the probate system.

February 2011

Without explanation the Judge shortens the trial to a single day in June.

May 2011

Dr. Wolman (Judge Menno’s appointee) authorized Margaret to conduct her own investigation on the father’s property with a very upset child, Chris, in tow.

Parenting coordinator, Michele Dorsey, (also Judge’s appointee) also thinks that Margaret conducting an investigation on my property is a good idea in the presence of Chris, and states it’s a matter of “safety.”

(Interesting: When my son we beaten up by neighborhood bullies, at his mother’s residence, and threatened with a BB gun (or when Chris was suicidal under his mother’s care), Michele Dorsey – Judge Menno’s appointee – did not feel that this was a matter of “safety.”)

Father files a restraining order against the mother, due to concerns for his safety and his son’s safety.

Judge Menno agrees to a hearing on the restraining order request.

Judge Menno at the hearing denies restraining order and indicates that the father has made “big mistake” in filing the restraining order.

GAL, Doctor Wolman, issues his report, nearly 60 days late, and eight thousand dollars over the amount budgeted by the court.

It is clear to the father, and this is later revealed in court testimony, and documented in this book, that the GAL appears not to have done his job (by any reasonable standard or expectation), and did not investigate, or simply ignored, the father’ complaints and concerns.

Subsequently, the Judge does not hold the GAL accountable

June 2011

The Probate court is overbooked, and the trail is postponed for July.  This is the first time the trial is delayed.

However, the Judge agrees to hear an emergency request by Team Margaret (comprised of Margaret, her attorney, Michele Dorsey of Safe Harbor and Doctor Wolman) that father’s visits with son should be supervised.  Team Margaret now allege Chris is suicidal, but fail to recognize that he lives with his mother, 99% of the time.

Dr. Wolman and Parenting Coordinator, Michele Dorsey, testify on the mother’s behalf; however, they offer no new information, since the GAL report was issued which recommended no change in custody or visitation.  Michele Dorsey of Safe Harbor Mediation was aware of Chris’ suicidal thoughts, allegedly made in Margaret’s home, and took no action against the father earlier in the month of June (two weeks prior to the June hearing), during a parenting coordinator session.

Nor did the child therapist express any concerns, during the month of June.  My attorney describes this as a “trial by ambush.”

July 2011

We appear in court in July, and again, the court is overbooked for the second time; and for the two day’s scheduled in July for trial, we only hear two hours of testimony.  This is the second time the trial is delayed.

The judge appears ill, and the proceedings are cancelled short, with the idea that we are to continue in August.  There are no court dates in August.  This is the third time this trial is delayed.

Dr. Wolman reveals in court testimony that he did not investigate many of the documented and acknowledged allegations made by father against the mother and her collaterals.

Despite Dr. Wolman’s credibility issue, the judge takes no action.

August 2011:

Father, out of fear and concern for his son’s safety, and because of the inconsistencies in the Plymouth County Probate court (including by this time, three trial delays), and in order to advance his son’s wishes to live with his father, begins publishing his blog.  The blog makes no threats to anyone, but merely publishes many of the facts of the case, much of which are or will be a matter of public record.

Parenting coordinator, Michele Dorsey (the Judge appointee) orders the blog shut down, and suspends visitation, stating the blog harms the son.

Father told to shut down his site by his attorney, and father immediately complies.  Suspension of visitation, however, remains in force.  Court dates are now reestablished for late September and early October.

September 2011: 

Father files three separate emergency requests within the Massachusetts Probate system, requesting that visitation be restored.   My attorney informs me that it is highly unusual that the judges would not hear these emergency requests, and it is more unusual that the judges appear to be talking to one another.

Probate Judge #1 denies the request.  (The first time the emergency request is denied)

Probate Judge #2 denies request. (The second time the emergency request is denied)

And finally, Judge Menno denies emergency request, indicating he will hear the request at next week’s hearing. (The third time the emergency request to restore visitation is denied)

Second day of trial in late September (the first day of Trial was in July), the judge suggests he will make a decision on the emergency request to restore father’s visitation after hearing Parenting Coordinator, Michele Dorsey, on the next court date. (The fourth time the emergency request is denied)

Father testifies second day of trial.

October 2011:

Third day of trial, Parenting Coordinator and Dr. Wolman testify…. Both recommend the same exact terms for father: supervised visitation and a suspension of the father’s rights, and that the father should go to therapy.  Michele Dorsey is not a trained mental health professional; and Dr. Wolman would appear to lack credibility given his failings as a GAL, his courtroom testimony, and poor guidance given to the mother, in regards conducting her own investigation.  Michele Dorsey, Judge Menno’s appointee, labors on the witness stand, her face is scarlet, and she cannot remember many things, despite being a mediator for the last five years.  Father believes Michele Dorsey makes many misstatements on the witness stand.

Judge Menno suggest that they will make ruling on the emergency order on the next trial date, after hearing Margaret Kenney. (The fifth time the emergency request to restore visitation is denied)

Fourth day of trial, Margaret Kenney testifies, and Judge now states that he will make a request on the emergency request to restore visitation by no later than November 9^th.  (The sixth time the emergency request to restore visitation is denied).

(Author’s note: With all these delays in making a decision on the emergency order, could this have been due to Judge Menno having already made up his mind on his ruling, before the trial had even begun?)

The father through documentation illustrates throughout proceedings that the mother underfed child, so that he lost at least fifteen pounds in two separate incidents (as documented by Doctors Sousa and Stanley).  It was documented that the child missed 31 homework assignments (even though his mother is a school teacher), while under his mother’s care for the fifth grade.   It is freely acknowledged that he was locked out of his mother’s house, and that the mother is mean to the child (which she admits to on the witness stand), and the mother is a danger to household pets.  Chris is also poorly clothed in the winter months, and has been repeatedly tested again and again for learning disabilities. His stepbrother, per Chris, has been tested repeatedly for drugs, has anger management issues, and as acknowledged by the GAL has drawn swastikas on the basement walls and punched holes in the wall. It is acknowledged by the mother that Chris has fainted, or nearly fainted, at school (twice) and during mass in front of the congregation – so that medical attention was sought. Doctor Sousa attributes the fainting spells to lack of food. While in the mother’s care in Summer 2011, Chris has repeated suicidal thoughts.

The mother testifies on the witness stand the Chris is aware that his mother hates father, clear evidence of parental alienation.

Mother admits at the trial that Chris loves his father, is upset at not seeing his father, and is miserable. Moreover, there is no documented evidence providing by Team Margaret showing parenting alienation on the part of father. Nor has father ever been convicted of a crime, been to rehab or tested positively for drugs.

And yet, Judge Menno does nothing.

November 2011:

Judge does not rule on interim order for restoration of visitation on 11-9-11, as he committed to doing.  (This is the seventh time the emergency request to restore visitation is denied.)

My attorney, after stating she would do everything in her power to restore visitation by 11-9, and after she filed two emergency – interim orders, now states we must wait for final ruling.  Why?

November 9, 2011 all documents are into court, final argument and final pleadings, etc.

December 2011:

The judge, through his secretary, now says that he will make a comprehensive decision before Christmas. The secretary assures everyone that the judge is working very hard on the matter.

January 2012:

A decision signed 12-28-11 is received on 1-3-12.   The four-page decision took two and a half months to create; and the findings of fact released by Judge Menno are those proposed by Team Margaret, complete with typos, errors, known inconsistencies with documented evidence, and omissions.

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