Bill Cosby Loses Preliminary Legal Skirmish as Tattered Reputation Continues to Slide

GEO CASUALWhen you think of Bill Cosby today do you think of a family friendly comedian or a serial sexual abuser?  With his reputation tarnished it is his legal battles and the stripping of  his accolades and prestigious appointments by institutions that once honoured him that consumes media attention.

From the startling front cover of  New York magazine where photos of his 35 victims were pictured, to the removal of his honourary degrees from Marquette University and Fordham University, his tattered reputation is in free-fall. He was forced to resign from the Board of Trustees of Temple University and his ties to the University of Massachusetts, where he earned a Master’s and Doctoral degree, have been cut-off.

The United States Navy stripped him of his honourary designation as Chief Petty Officer and there has been significant pressure to remove his Star on the  Hollywood Walk of Stars, and force him to relinquish his Presidential Medal of Honour. His bronze bust at Disney World Orlando is no longer on display.

This week his lawyer’s application in Los Angeles Superior Court to dismiss alleged victim Judy Huth’s case on the basis of a technicality was denied by Judge Craig Karlan who determined that mistakes made by Ms. Huth’s previous counsel were not so serious that her claim should be thrown out.

Her former lawyer, Marc Strecker, admitted that he overlooked a section of the legal code that barred the naming of an alleged sexual offender in claims brought based on historical sexual abuse.

Mr. Cosby’s lawyer, Martin Stringer, argued that by identifying his client in the claim, he could not receive a fair trial and that the identification caused a tsunami of other complainants to come forward. Singer also attempted to persuade Judge Karlan that certain actions of Mr. Strecker were cause for dismissal of the claim, including allegations that Mr. Strecker attempted to extort $250,000 from Mr,. Cosby before the claim was filed, and attempted to sell Ms. Huth’s story to the National Enquirer ten years ago.

Mr. Cosby is scheduled to be deposed, an event that will likely see media outlets scrambling  for “leaks” and tips on his admissions during his under oath questioning.

Why Bill Cosby would put himself through the indignity of these civil cases is astounding considering his financial ability to make it all go away. I assume his many victims want their day in court, to be vindicated from Cosby’s  bold-faced denials, despite the corroboration of a phalanx of additional victims.

Lawdiva aka Georgialee Lang

Mother Jailed 8 Years for Child Abduction Now Released

B9316548187Z-1.1_20150314202542_000_GFTA6A1QO.1-0One of the most litigious child abduction cases may have finally come to a conclusion.

Victoria Innes was five-years-old when her mother, Marie Carrascosa kidnapped her, taking her from the United States to Spain, despite a court order that prohibited each of her battling parents from removing her from the United States without the consent of the other parent.

To buttress this order, and as a precaution, the Court also said that Victoria’s passport must be held by her mother’s lawyer and not released.

A series of unexpected events unfolded when Ms. Carrascosa changed lawyers. Her new lawyer, Madeline Marzano-Lesnevich, was unaware of the court order regarding Victoria’s passport. She released the passport to her client whereupon Ms. Carrascosa fled with Victoria to Spain, where her parents lived and where she was qualified as a lawyer.

Distraught father, Peter Innes, took immediate legal action to have Victoria returned to the State of New Jersey, obtaining an American court order for custody, however, the Spanish courts ignored the order.

Later Ms. Carrascosa returned to New Jersey without Victoria to continue the legal battle, apparently confident that the Spanish courts had jurisdiction and taking comfort in an order of the Spanish court that  barred Victoria from leaving Spain until she was 18-years-old.

But the New Jersey courts didn’t see it that way. Ms. Carrascosa was tried and sentenced in New Jersey to fourteen years in prison for contempt of court and interfering with child custody.

In the meantime, Mr. Innes launched a lawsuit against attorney Madeline Marzano-Lesnevich who was ordered to pay compensation of $950,000 to him for her negligence in releasing the passport to Ms. Carrascosa.

Typically a term of imprisonment tends to  eventually persuade an individual to comply with the law, but not in Ms. Carrascosa’s case. In her zeal to ensure her ex-husband would have no contact with Victoria she remained in prison year after year, depriving her daughter, not only of a father, but a mother as well. Victoria was in the care of her maternal grandmother in Spain.

Ms. Carrascosa’s continued defiance of the court orders and her lengthy incarceration became a legal problem for the State court who expected compliance sooner rather than later. At a hearing in 2007 appellate Judge Donald G. Collester said “She cannot be held forever. At some point in time, she will be out of jail. What are you going to do then?”

In 2014 Ms. Carrascosa received parole for the child abduction conviction but was immediately transferred to local  Bergen County jail for refusing to return Victoria to New Jersey.

It was the entreaties of her daughter to court and correctional authorities and the consent of her former husband, Mr. Innes that resulted in her final release in 2015.

Mr. Innes said:

“I know Victoria wants her mother back, and for that reason only, I support her release. I am confident that once our daughter gets to know her mother, she’ll begin to see the reality of this sad situation. It’s been 10 long years since my daughter was taken, and there’s only one thing I am sure of — no one wins in cases like this.”

No person should suffer the torment of child abduction and Peter Innes’ consent to his ex-wife’s release is proof that he understands that it should be all about what is in his daughter’s best interests, a concept that has eluded the self-centred Ms. Carrascosa.

Mr. Innes maintains a website “” and has not given up hope that one day he and his daughter will be reconciled.

Lawdiva aka Georgialee Lang

Quebec’s Former Lieutenant-Governor Sentenced to 18-Month Jail Term

BarristerPerhaps one of the most prestigious appointments in Canada is that of a provincial Lieutenant-Governor, appointments made by the Governor-General of Canada in consultation with Canada’s Prime Minister and the Premier of a particular province.

The Lieutenant-Governor performs various ceremonial duties on behalf of Queen Elizabeth, while elected politicians and those appointed carry out the daily operations of government. It is a non-partisan position although politicians have been appointed and Canada prides itself on the appointment of women and minorities.

Lise Thibault was Quebec’s 27th Lieutenant-Governor appointed in 1997 by Prime Minister Chretien. She attended teacher’s college and taught adult education for several years before she worked as a host and researcher for the CBC. Her appointment was widely heralded as she was the first woman and the first disabled person to be appointed to the post in Quebec. As a result of a tobogganing accident as a teenager she was confined to a wheelchair.

Serving for over ten years, her fall from grace occurred in 2007 when federal and provincial auditors determined she had spent $700,000 in unjustified expenses including:

-$45,000 for “gifts” without the names of recipients.
-$24,000 to transport her official van to the United States while she was on vacation, rather than renting a car there.
-$12,000 to the provincial air service for a one-day fishing trip in the Gaspe region.
-$44,000 in “tips” paid by her bodyguards during hotel stays and sporting activities.

Upon her appointment she promised to bring “values” to the position, but instead defrauded two levels of government by billing them for her golf lessons, fishing rods, roof repairs at her home, and even the legal fees for her divorce lawyer.

Her defence lawyer argued she enjoyed “sovereign immunity” against criminal charges as an agent of the Queen, an arrogant position considering she was a civil servant. However, the Court rejected her argument and Judge Carol St.-Cyr described her behaviour as “highly reprehensible” and part of a “culture of deceit”.

Ms. Thibault was also ordered to reimburse the government the sum of $300,000.

Tonight she sits in a Quebec prison, despite her lawyer’s plea that at age 76 her punishment is overly severe. She is expected to be released next week pending her appeal.

Having received three honorary doctorates during her tenure as Lieutenant-Governor, it is galling that she is nothing more than a greedy crook, who managed to obtain and abuse her coveted position, forgetting that her job was to serve the citizens of Quebec.

Lawdiva aka Georgialee Lang

Grandparents Jailed for Assisting in Children’s Abduction

_DSC4179 - Version 2Poor grandma and grandpa…thrown in jail for their misguided efforts to assist their daughter to flee England with her two children after the Court ordered a change in custody to their father.

The children’s mother had custody of her son, age 7 and daughter, age 2 until a judge ordered the children to be transferred to their father’s custody, leaving mom with one hour a month of supervised access. The mother’s “issues”, what ever they be, were plainly reflected in the draconian limitation placed on her time with the children.

And then a plan was hatched: Mother’s parents drove her and the children to a secret rendezvous spot under cover of night where mother, children, and six suitcases were loaded into a chauffeur driven Mercedes for the journey to Charles de Gaulle airport in Paris where they hopped on a flight to Costa Rica. They had escaped, or so they thought.

Police investigators naturally began their search for the missing children at their grandparents’ home. The grandparents advised the police that the children had spent the night at their home, but in the morning when they awoke the children and their mother were gone, leaving only a note.

However, their story quickly fell apart when police discovered a text message from granny to her daughter that showed her daughter’s location in the Channel Tunnel enroute to France.

More damning evidence emerged from roadside video that showed the Mercedes and other footage displayed the abducting mother’s vehicle being driven by grandfather back to his home.

Eventually the police learned that mother and children were in Costa Rica and not surprisingly, the children were already on the local constabulary’s radar as it had been reported that the children were wandering through their hotel without supervision, their mother’s whereabouts unknown.

The children’s father’s wife and a social worker arrived in Costa Rica to retrieve the children from an orphanage and return them to England, a task that took almost six weeks to obtain the proper paperwork from local authorities. All tolled, the children’s ordeal lasted two and a half months before they landed on British soil.

Grandma was jailed for 14 months, while her husband, who was less involved, was sentenced to 12 months in prison. Judge John Wait said to the elderly offenders:

“The consequences of this case have been quite awful. You were responsible for some of this but those acts were done out of love and emotion, not for money. You knowingly flouted a court order and told lies in the Royal Courts of Justice.”

Mother remains in Costa Rica but extradition proceedings are pending. You can be sure this mother will receive a lengthy jail sentence once she is back in the United Kingdom.

Lawdiva aka Georgialee Lang

Divorce Lawyer Clandestinely Hypnotizes Female Clients

_DSC4179 - Version 2In a bizarre case out of Ohio, attorney Michael W. Fine, age 58, has been charged with numerous sexual offences arising from private appointments with a number of female clients, either in his office or in counsel rooms at the local courthouse.

The charges include rape, engaging in a pattern of corrupt activity, attempted rape, 15 counts of kidnapping, three counts of attempted kidnapping and two counts each of attempted sexual battery, attempted gross sexual imposition, gross sexual imposition and illegal use of a minor in nudity-oriented material.

Mr. Fine’s abusive activities were fostered by his ability to hypnotize his clients and take advantage of them while they were under hypnosis. The first client who blew the whistle on Mr. Fine recounted an uncomfortable feeling every time she left her lawyer’s office, with her disheveled clothing and a feeling she had lost track of time.

She reported the situation to the local police who told her not to return to his office, but she had a better idea. She continued to see her lawyer and secretly recorded what occurred. Later she played the recording and in shock and embarrassment returned to the police where they listened with mouths agape as they heard Michael Fine put her into a trance and then make outrageous sexual suggestions and physical overtures to her.

They asked Jane Doe #1 if she was prepared to wear a wire and video recorder which would be monitored by the police. The plan was that if and when Mr. Fine began his reprehensible acts they would burst into his office and arrest him. And that’s what they did.

The local bar association immediately suspended Mr. Fine from the practice of law and with the accompanying publicity 30 more women presented themselves as victims of his sex crimes. Shortly thereafter, Mr. Fine gave up his license to practice law.

The current indictments against Mr. Fine involves six women only, as many of his other victims are unable to provide sufficient evidence to satisfy the criminal burden of proof. However, police say they are continuing their investigation.

Not surprisingly, at least one victim has filed a civil suit against Michael Fine and the law firm that employed him. Her case is particularly alarming as she retained Mr. Fine to bring a civil suit for sexual abuse she endured as a child. She reportedly became close to him and considered him a second father.

Fine’s tactics included schooling his clients on relaxation and “mindfulness” techniques, a front for hypnotism and his own selfish sexual gratification.

He has plead not guilty to all charges.

Lawdiva aka Georgialee Lang

Liar, Liar, Pants on Fire: Perjury in Family Court

GEO#1People tell lies, so-called “white” lies, they tell half-truths, they prevaricate, fabricate, distort, and tell “whoppers”, and they can, unless they are in a court of law or a government hearing where they are “sworn to tell the truth, the whole truth and nothing but the truth.

Yet nowhere is the truth more elusive than in a family law trial and the recent case of Kneller v. Underwood 2015 BCSC 1410 is a prime example of perjury under oath.

The issue was whether or not 36-year-old Twyla Kneller and Jim Greenwood of Cranbrook, B.C. lived together in a marriage-like relationship for nine years, as Twyla testified, or whether they simply were “friends with benefits” as he maintained.

If they were in a spousal relationship, Ms. Kneller would be entitled to share in his property in light of the 2013 law that gave common law spouses the same property rights as married spouses.

Ms. Kneller described a traditional relationship where Mr. Greenwood worked and paid the bills, while she maintained the home with its wood stove, doing the grocery shopping, cooking, baking, canning, cleaning, laundry, and gardening. The parties initially resided in a trailer on bare land and later in a renovated home on acreage, all owned by Mr. Greenwood.

Mr. Greenwood’s parents and grandparents lived on adjacent properties and Twyla became close to his mother.

Interestingly, despite his family’s obvious knowledge of their son’s living arrangements, they were not called to testify, although many other witnesses paraded through the courtroom.

During the nine-year relationship the parties separated on one occasion for three and a half months, not surprisingly, considering Ms. Kneller’s evidence that Mr. Greenwood’s physical
assaults landed her in hospital twice. She testified to regular punching, slapping, kicking, and other abuse. She said that initially Jim would apologize for this behaviour but after a while he didn’t bother. She stayed because she loved him, an oh-so-familiar sentiment in cases of domestic violence.

When it was time for Jim Greenwood to testify his evidence could not have been more different than Ms. Kneller’s.

He swore they never lived together, although she spent some nights with him. He said she lived in Cranbrook with her mother. He apparently forgot that in an earlier affidavit he said “they lived together off and on”. He testified their finances were completely separate and they each filed “single” status tax returns, a misstatement he was forced to correct when his 2010 tax return showed he claimed tax deductions in respect of his “common law spouse”.

He denied he gave her a “promise” ring and was cornered when it came to light he had added her to his medical and dental insurance as a common law spouse. He recounted a denigrating anecdote to the court where he felt it necessary to “take her home”. When it was apparent the “home” he referred to was his, and not Twyla’s Cranbrook home, he squirmed and became agitated and nervous.

When he abruptly asked Ms. Kneller to leave, he said she had almost nothing to pack, despite photographs showing a U-Haul with furniture and personal chattels piled in. He had forgotten that in an earlier affidavit he swore she took all of the furniture, although he paid for it all. He also couldn’t keep the date of their separation straight: Was it August 2013, as he first suggested, or October 2013?

Of course, who to believe was the central issue in the trial, a task that was not daunting for the trial judge. He found that Ms. Kneller was one of the “most genuine, down-to-earth, credible and engaging witnesses” he had ever encountered.

As for Jim Greenwood the court said:

“The respondent’s evidence, in particular, was disingenuous and lacking in credibility. It consisted almost entirely of vague, unsubstantiated and unsupported assertions. His evidence at trial contradicted his earlier affidavit evidence in many significant respects. The best he could muster when faced with the conflicts in his sworn evidence was to blame the drafter of the affidavits, to say he wasn’t a very good reader and to state, “that is what you get when you don’t look at the things you sign.”

The trial judge also declared that Mr. Greenwood’s blanket denial the parties ever lived together, and his testimony that he never physically abused his spouse were “devoid of truth”.

Finally, the trial judge said he didn’t believe or accept anything Jim Greenwood had to say that contradicted the evidence of his common-law spouse and her witnesses.

“In my view, the respondent would be well served by a recalibration of his moral compass.”

It’s called “perjury”, an indictable criminal offence with a possible 14-year jail term attached to it, and yet, liars are not prosecuted in Canada. Oh yes, Air India terrorist, Inderjit Singh Reyat’s acquittal in 2003 on murder charges prompted the Crown to charge him with perjury, securing a conviction and a nine-year prison term, but that is the exception, not the rule.

Not so in the United States where Roger Clemens, Barry Bonds, Martha Stewart and others faced charges, not for steroid use or securities fraud, but for lying.

Canada’s refusal to deliver consequences to parties who blatantly lie in court needs to be addressed. Mr. Greenwood was a poor liar but there are many cases where Mr. or Ms. Charming fool the court and justice does not prevail. Perjury is a serious issue, particularly in our family courts and steps must be taken to punish liars who make a mockery of their oath to tell the truth.

Lawdiva aka Georgialee Lang