Judge’s Child Support Ruling Goes Viral

_DSC4179 - Version 2Life isn’t always fair, but Carnell Alexander expected that a judge in Michigan would right the wrong. As he described it:

“How can you start a case with a lie? The mom lied. The process server lied. Now I have to pay for it.”

In 1987 a young woman gave birth to a child. In order to get welfare funds from the government she was obliged to fill out a form indicating who the father of her child was. She named Carnell Alexander as her child’s father.

She then filed a court action alleging he was the father and sought child support.

A process server was hired to personally deliver the court documents to him, as was required by law.

A court hearing took place but Carnell Alexander wasn’t there. He was in jail serving time for a juvenile offence.

Later in the early 90’s Carnell was checked in a routine traffic stop and advised there was a warrant for his arrest. The police officer told him he was a “deadbeat dad”.

You can imagine his surprise…he had never received notice of the paternity hearing as he was behind bars at the time, and he swore he had no children.

He began searching for the woman who had named him as father so he could prove he was not, through DNA testing, but his efforts failed until 2013 when a paternity test was administered.

With his grade 8 education and no assets or income, he could not afford a lawyer, but each occasion he went to court he repeated the refrain that he was not the child’s father.

But the government wanted him to pay arrears of child support of $30,000, so he showed up in court on his own expecting that justice would prevail. Boy, was he wrong!

Judge Kathleen McCarthy said she was “outraged that Mr. Alexander for two and a half decades failed to take this matter seriously.”

She said that Mr. Alexander should have filed documents protesting paternity years ago and because he did not, he must pay the support.

Yes, even though he had no notice, was not the father, and the child’s biological father was in his life, he must pay.

Feeling helpless, Mr. Alexander went to Michigan radio station WXYZ who broadcast his story.

And yes, Judge McCarthy was outraged about that too saying:

“I am outraged at the media for the willful misrepresentations of the facts of this case. Casting this court in a negative light.”

Due to the media exposure Carnell Alexander now has a pro bono lawyer, Cherika Harris, who has vowed to continue the fight for him.

As for Judge McCarthy, it is not the radio station that has cast a negative light on her court. She did that all on her own.

Lawdiva aka Georgialee Lang

Family Law Lawyer’s “Social Media Strategy” Leads to Suspension From Bar

10950859361151CDPEven the best lawyers don’t win every case they take on. While a client deserves the best defence or offence possible, sometimes the facts cannot be marshalled in a client’s favour, despite a lawyer’s competence and zeal.

Other times, the law simply does not support the position advanced by counsel on behalf of a client. In cases like these, most lawyers are smart enough to tell their clients, in writing, that their chances of success are dim and the cost of pursuing a weak claim may be unjustifiable.

Remarkably, many clients continue to pursue a case even in the face of such an opinion and that is certainly a client’s prerogative.

Family law lawyer Joyce Nanine McCool acted for mother, Raven Boyd, in a difficult custody case that included allegations that the children’s father had sexually abused them.

After rounds of litigation before two different judges, Judge Deborah Gambrell and Judge Dawn Amacker, of Mississippi and Louisiana respectively, Ms. McCool was disappointed with her lack of success in proving her client’s claims and decided to implement an out-of-court strategy.

She initiated an online petition that implored potential supporters to:

“Sign our petition telling the judges that there can be no justice … if the law and evidence is ignored, Ask yourself, what if these were your daughters? … Horrified? Call the judges and let them know.”

The website promoting the petition also contained information that was not to be made public due to a sealing order. As well, Ms. McCool linked audio recordings of her client questioning the children about the alleged sexual abuse, again contrary to an order made by the Court.

But there was much more…the website provided misleading and inflammatory statements about Judges Gambrell and Judge Amacker and their alleged refusal to listen to recordings of the children accusing their father of molestation:

“Now consider that no judge has ever heard those recordings. Why? Because for 4.5 years, they have simply refuse (sic) to do so. On August 16, 2011, Judge Deborah Gambrell in the Chancery Court of Marion County, Mississippi, once again refused to admit all of Raven’s evidence, including these recordings, and ordered that H (REDACTED) and Z (REDACTED) have visits with their father in the house where they both report having been molested by their father in the past.”

However, that statement was completely false as Ms. McCool later admitted she did not bring the recordings to court and did not seek to enter the recordings as evidence at any time, either before Judge Gambrell or Judge Amacker.

Ms. McCool’s media campaign also included the posting of misleading articles online, and twitter rants with links to the online petition:

“Judge Gambrell at it again – turned a 4 YO child over to a validated abuser – PLEASE TELL ME WHAT IT WILL TAKE FOR EVERYONE TO SAY ‘ENOUGH’.”

“Make judges protect H (REDACTED) and Z (REDACTED) from abuse by their father!…”

Judge Gambrell brought a formal complaint about Ms. McCool’s behaviour to the Bar Association after receiving a barrage of telephone calls from members of the public and multiple copies of the petition and assorted tweets.

The disciplinary panel determined that Ms. McCool knowingly, if not intentionally. resorted to a campaign intended to “intimidate and influence the judges’ future rulings in pending litigation…and threatened the independence and integrity of the judiciary…causing the judges to be concerned for their personal safety”.

An aggravating factor was the use of the internet, a medium that would display Ms. McCool’s unprofessional tactics for a long time to come.

Her punishment? A suspension of one year and one day, together with a mandatory ethics program.

Clearly a stiff penalty, to lose one’s source of income for a year, but Ms. McCool’s lack of remorse and lack of understanding as to the consequences of her behaviour contributed to the panel’s decision.

Her zeal to win her client’s case made her lose sight of her obligations as an officer of the court, a mistake that will be costly for her.

Lawdiva aka Georgialee Lang

Witty Judge Pens Acerbic Judgment

GEO CASUALMr. Justice Joseph Quinn of the Ontario Superior Court well-deserves his international reputation as a clever intellect, a raconteur of immense talent, and a really funny scribe.

In one of his latest judgments, The Hearing Clinic (Niagara Falls) Inc. v. 866073 Ontario Limited, et al., 2014 ONSC 583, his acerbic wit shines as he records his fond memories and legal findings of a 72-day trial, spread over three years, that dealt with the allegedly fraudulent sale and purchase of a hearing aid business in Niagara Falls, Ontario.

The star witness in the case was Stefan Fridriksson, an audiologist who purchased a hearing aid business from the corporate defendant. While his lawyer referred to him as “Dr.”, Quinn J. put an end to that designation upon learning that the title was prohibited by the College of Audiologists and Speech-Language Pathologists of Ontario.

Blessed with an orderly mind, Justice Quinn set out a Table of Contents with headings that include:

“Is There a Doctor in the House?

“Fridriksson plays Lieutenant Columbo with Inspector Clouseau results”

“All the Madness That’s In Your Head”

“….Nor Hell A Fury Like an Audiologist Scorned”

“Fridriksson The Fabricator”

While trial counsel usually turns to the back page of Reasons for Judgment to see the results of a trial, in this case, the Table of Contents gave it all away.

Yes, the trial got off to a shaky start, described by Justice Quinn in his first paragraph:

“Leave an untruthful man in the witness box long enough and he will reveal himself to the world. Here ends the lesson, but not the story.”

Unfortunately, the first witness was Dr., no make that Mr. Fridriksson who according to Quinn J. “sub-let the witness box for 26 days” with dire results:

“He entered the box as an articulate professional with impressive academic credentials, displaying what appeared to be a sound and comprehensive recollection of events. When he stepped down, after more than 14 days of withering cross-examination, he was noticeably dazed, his credibility was reduced to existential confetti and he even appeared to be physically shorter than when the trial began.”

Fridriksson turned out to have a less than credible curriculum vitae. Where he noted he was a professor he wasn’t, when he said he was an adjunct professor, he wasn’t that either. What was he? An unpaid lecturer!

But that was the least of his problems. The Court identified the often troublesome task of determining credibility:

“We have no special powers in that realm and, wherever possible, avoid reliance upon darts, dice and Ouija boards. However, rarely, has a witness generously offered up so many reasons to be disbelieved. Fridriksson was an evidentiary gift who kept on giving. He ignored rule number one
in the Litigants’ Credo: “Know thyself, because others soon
will.” Enough of this preamble. Come with me now on a visit to the phantasmagorical work of Fridriksson. Pack light.”

But the quips keep on coming, like an avalanche:

“For Fridriksson truth is like a spandex undergarment:he can stretch it to fit anything.”

“Readers must never forget. This is a key witness for a plaintiff alleging oral false misrepresentations.”

“I do not know who enjoyed this cross-examination more, me or (defendant’s counsel). The only thing missing was popcorn.”

“His testimony deserves a special descriptor, coined for the occasion: “incredibull.”

This judgment tickled me so much that I recommend you read all 326 pages…it’s a laugh a minute. Oh, yeah, Fridriksson was awarded $423.00 in damages.

One last zinger:

“Fridriksson has taken everyone on a hideously time-consuming and obscenely expensive journey down his private yellow brick road to the outskirts of the Emerald City where, it appears, he has a residence. It was not a worthwhile adventure,” the judge writes.

Lawdiva aka Georgialee Lang

Attorney Uses Forged Power of Attorney to “Pull the Plug” on Her Wealthy Father

Elder abuse is a world-wide phenomenon that has only recently received the attention and research dollars that it deserves. For our senior citizens who are victims of caregivers or family members, the emotional and physical damage and financial exploitation is often hidden behind closed doors.

Such is the case in an elder abuse case in Missouri that has been exposed by authorities who have charged Kansas City lawyer, Susan (Liz) Elizabeth Van Note, age 44, with first degree murder and felony forgery.

Liz Van Note’s 67-year-old father and his long-time girlfriend, who he intended to marry, were attacked by an intruder in their Ozarks vacation home. Mr. Van Note’s girlfriend, Sharon Dickson, age 59, did not survive her gunshot wounds and died at the scene.

Mr. Van Note survived and was transported to hospital, but died four days later, after his only child, Liz, gave his medical team a durable power of health care attorney, that authorized her to determine whether or not to “pull the plug”. She decided that life support should be terminated. With the death of her father and his fiance, Liz Van Note became the beneficiary of his multi-million dollar estate.

Authorities later determined that the power of attorney was a forgery.

A September 2012 criminal indictment against Ms. Van Note says that she “knowingly caused the death of William Van Note by shooting him… either acting alone or by knowingly acting together with or aiding another or others” and used a forged power of attorney to deny him potentially life-saving treatment. No charges have yet been brought against her in respect of the death of Sharon Dickson.

Two high school friends of Ms. Van Note’s have also been charged with felony forgery and second degree murder. Desre and Stacy Dory also plead not guilty.

Not surprisingly, Ms. Van Note was removed as the executrix of her father’s estate and was ordered to relinquish control of the assets in her father’s estate. She did, however, manage to post cash bail of $1 million dollars after pleading not guilty, a situation that has caused concern because Ms. Van Note filed for bankruptcy the year before her father’s death, claiming assets of $250,000 against debts of $375,000.

The obvious inference is that Ms. Van Note has already helped herself to estate assets.

Ironically, Liz Van Note practices estate law touting her “compassionate representation of clients” and expertise in end-of-life issues.

UPDATE: Liz Van Note has now been charged with the murder of Sharon Dickson. She was also jailed for contempt of court when she failed to return monies she spent from her deceased father’s estate. Charges have been dropped against high school friends, Desre and Stacy Dory, who unwittingly witnessed the forged power of attorney.

Lawdiva aka Georgialee Lang

Law Firm Caught Up in Bogus Sunken Treasure Find

DSC00275_1Jay Miscovich was a bright man, with a medical degree in his pocket, but he preferred the world of business and real estate investments until, down-on-his-luck, he turned his talents to finding sunken treasure off the coast of Florida.

He told a story about running into an old friend in a bar in Key West, who showed him some salvage fragments which appeared to be from a Spanish galleon. He purchased a map from his friend for $500.00, where X marked the spot of a possible treasure trove of sunken artifacts and perhaps more.

He and a buddy, later a partner in the company they incorporated, began diving in the location marked on the map and lo and behold, they discovered over 80 pounds of emeralds on the ocean floor. But under Florida law they needed the admiralty court to confirm their find and legally recognize their ownership.

It was not to be as straight-forward as they hoped.

A well-established treasure salvage company, Motivation Inc., who in the 1980’s staked claims to two Spanish galleons that sunk in 1622 and rescued over $400 million dollars in booty, including gold and silver, challenged Mr. Miscovich’s claim, saying the area where the emeralds were found, was part of their salvage operations, 30 miles off the Key West coast.

Miscovich needed a lawyer and hired the well-respected firm of Young Conaway in Delaware. Young Conaway partner, Bruce Silverstein, ran the case and became an investor in the project as well. Silverstein engaged counsel in Florida to represent Miscovich in admiralty court. Young Conway’s legal fees would be paid from a percentage of the treasure, after sufficient monies were raised from investors to conduct the salvage operation.

Under the intense scrutiny of Motivation Inc., Jay Miscovich’s tale of treasure began to fall apart. Lab tests revealed that the emeralds were coated with a 20th century epoxy. But it was to get worse.

In later court proceedings a Florida jeweller testified that Mr. Miscovich purchased $50,000 worth of low-quality emeralds from him several months before the “find”.

Jay Miscovich committed suicide once the fraud began to unravel.

An investor’s group filed a $10 million dollar lawsuit against Silverstein and his firm, alleging that the goal of the enterprise was to extract money from investors and lenders, and conceal and perpetuate the fraud.

They also claimed that Miscovich fraudulently pumped up the value of the emeralds by causing Young Conaway to file false documents. Finally, they said Young Conaway’s litigation tactics were intended to “thwart and intimidate” the opposition by imposing “enormous litigation and investigation costs”.

Motivation Inc. had earlier brought a lawsuit against Young Conaway for fraud and bar sanctions against Bruce Silverstein, alleging that Silverstein aided and abetted Miscovich’s fraud, while deliberately delaying the legal proceedings by filing frivolous applications designed to overwhelm Motivation Inc.in a paper war.

This week a Florida court threw out Motivation’s fraud claims against Young Conaway, but agreed that Bruce Silverstein must face a sanctions hearing, not a trifling matter in the practice of law.

In the meantime, the investor’s claims are still alive, pending an upcoming trial.

As for attorney Silverstein, it is reported that he has an impeccable reputation with both the bar and the bench, and is highly offended by the allegations that he knowingly participated in the fraud. Young Conaway’s view is that they are innocent victims of their client’s treasure hunt scam.

Lawdiva aka Georgialee Lang

Switched at Birth

10950859361151CDPWriters since the 18th century have been intrigued by a storyline where babies are accidentally switched at birth. This theme appears in Gilbert and Sullivan’s operettas “The Gondoliers” and “HMS Pinafore”, and Mark Twain also used this plot line in “The Tragedy of Puddin’nhead Wilson”

Dozens of television shows have also featured this now-classic conundrum, including soap operas “One Life to Live” and “The Young and the Restless, primetime’s “Desperate
Housewives”, now in reruns, and the current ABC TV Family network’s popular “Switched at Birth”.

But how often does baby switching occur in real life? More often than it should! Some medical experts say that one in eight children are mixed-up at birth, particularly in large urban hospitals in America.

This week a court in Johannesburg, South Africa, heard a case involving two four-year-olds, a boy and girl, who left the maternity ward with the wrong parents.

The mistake did not come to light until one of the parents requested a paternity test upon his separation from his child’s mother. He was faced with a claim for child support and wanted to ensure that he was the child’s father, because he said, the child looked nothing like him.

His suspicion proved correct. Neither he nor his wife were biologically related to their child. The court heard from a child development expert who testified that each child should remain with the family who raised the child, albeit with a suggestion that the child also have visits with his or her biological parents.The expert’s recommendation is in keeping with other “switched baby” cases in other parts of the world.

One of the most famous cases occurred in Ottawa in 1971 when Laura Cain gave birth to twin boys at Grace Hospital. She named them George and Marcus, but she was not in a position to raise the twins, so Ontario’s Children Aid’s Society found a foster home for the infants. Several months later Laura married the father of her fraternal twins and requested the return of her babies.

She and husband Randy Holmes raised George and Marcus, having no idea that Marcus was not their son, due to a mix-up at the foster home where the boys were living. The real “Marcus” was with Jim and Carroll Tremblay in a neighbouring community. They named him Brent after adopting him from Children’s Aid.

The switch may have remained undiscovered but fate intervened when both George and Brent registered at Carleton University in 1992. Mutual friends introduced them, remarking that they looked curiously similar. They became fast friends and eventually they met each other’s parents.

Once the two sets of parents realized the three boys were all in the care of Ontario’s Children’s Aid as new born babies, and after DNA testing, they discovered that Marcus was not George’s twin, but Brent was his identical match.

After learning the truth, Laura Cain noted how different George and Marcus were from one another, different interests and different friends, although they were very close and moved in together once they left the family home.

There were reports at the time of a lawsuit against Children’s Aid and the foster mother who cared for the three baby boys, as it was she who mixed up the twins when she returned the twins to social services.

By the time the mistake was identified the foster mother had alzheimers and so eventually the lawsuit was dismissed.

Now you can understand why “switched babies’ is an intriguing favourite of fiction writers, but in the Canadian case, truth is stranger than fiction.

Lawdiva aka Georgialee Lang

LiarsCheatersRUS.com

_DSC4851If your boyfriend or girlfriend is a liar or worse, a cheater, you can “out” him or her, just like Stacey Blitsch and Amanda Ryncarz did when they posted their complaints about their former lover, lawyer Matthew Couloute, on LiarsCheatersRUS.com.

The website is designed to provide a forum for women and men whose wives, husbands or significant others have “done them wrong”, usually by engaging in one or more affairs during what they believed to be a monogamous relationship.

In the case of Matthew Couloute, a former prosecutor and Court TV analyst, when he learned that the LiarsCheaters comments were the first hits for him when anyone googled him, he sued both women for compensation for inflicting harm to his reputation and causing mental anguish and economic loss.

Ms. Blitsch was a professional roller derby skater and the mother of Mr. Couloute’s son, while Ms. Ryncarz reported that Mr. Coulote dumped her and married someone else twelve days later. The online comments from the women included “Lied and cheated his entire 40 years of life”;”He’s scum, run far away” and “Has no longterm friends. He rents or finances everything and owns absolutely nothing”.

The website makes it very clear that the material on the site is someone’s opinion and the owners of Liars Cheaters do not guarantee the truthfulness or accuracy of the posted allegations.

Last week Federal Judge Harold Baer threw out Mr. Couloute’s lawsuit saying that Mr. Couloute could not show he had suffered any professional damage and ruled the comments were not defamatory because they were “clearly hyperbolic”. The Judge said that it would be obvious to anyone that the comments were the “opinions of disappointed lovers”.

Mr. Couloute says he intends to appeal the ruling: “When you look for a lawyer and the first thing that comes up on Google is defamatory, how are you not harmed?”

UPDATE ON LIARSCHEATERSRUS.COM

Karma is a bitch….Mr. Couloute married Lauren Haidon twelve days after dumping Ms. Ryncarz, having dated for two months prior to their wedding. Ms. Haidon stood up and defended her husband when he was cyber-slammed by his ex-girlfriends, but now she says they were absolutely right!

She filed for divorce in 2012 alleging that Mr. Couloute abandoned her and their 7-month-old baby. In an August 2012 family court filing she said “Father is mentally, financially, emotionally unstable. Father is emotionally abusive.”

But it gets worse. It appears the couple may have reconciled as the New York Post this week reports that Mr. Couloute was arrested and charged with third-degree assault. The victim is identified as his wife, but no name is given.

Lawdiva aka Georgialee Lang