Custody Dispute Puts Father in Prison for 18 Years

GeorgiaLeeLang057For those of you who think that false allegations of abuse are a rarity in family law cases, think again! Recently I acted for two clients, the first was a father accused by his estranged wife of molesting their young son. A police investigation was initiated and the Ministry of Child and Family Services barred him from seeing any of his children.

The second client was accused by his common law spouse of all manner of outrageous abuse: physical, sexual, and psychological. The graphic descriptions of her alleged suffering were like nothing I had ever seen before. Another day, another police investigation.

In both cases the allegations were unfounded and dismissed, but not before wreaking havoc in two innocent men’s lives.

And not all abuse allegations are nipped in the bud…take for example the case of Luther Jones of  Santa Rosa, California. In 1998 he obtained custody of his daughter, an event that changed his life, only because immediately after he was awarded custody, his 10-year old daughter accused him of sexually molesting her.

Mr. Jones alleged that his former girlfriend, Elizabeth Woods’ accusations were false and only surfaced when he received custody of one of their children. A witness at trial told the court that Woods had told her she would put Jones in jail to prevent him from gaining custody. The ten-year old testified against Mr.  Jones. He was convicted and sentenced to 27 years in prison, all the while protesting his innocence.

But that little 10-year old grew up and at the age of 30 admitted to authorities that her mother forced her to falsely accuse Jones, because her mom was enraged that he obtained custody of another child of theirs. She also acknowledged that she was molested, but the perpetrator was a different boyfriend of her mother’s.

Luther Jones, now 70 years old, ill and frail, was released from prison and is expected to receive compensation of about $1 million dollars from the State of California.

The current county district attorney, Don Anderson remarked that in the context of a custody battle, the allegations of abuse must have attracted suspicion, but apparently not enough to see justice prevail. Anderson has announced his willingness to seek perjury-related charges against Ms. Woods, a fate that is far less than she deserves. He is also determined to investigate the new information that the ten-year old was molested, just not by Luther Jones.

Lawdiva aka Georgialee Lang







Should This Be Stopped? Foreign Mothers Give Birth to Children in Canada to Secure Citizenship

DSC00275_1Canada, the true north strong and free, is the envy of the world and one of its most valuable assets is its citizenship. Before the Harper government left office they made sweeping changes to Canada’s Immigration Act, making it more difficult to qualify for citizenship. Meeting great opposition however, the Conservative government did not tackle  the phenomenon of “birth tourism”, a subject that remains  highly controversial, particularly in Vancouver.

Those who favour birth tourism argue that innocent children, born in Canada to a foreign mother, should not be deprived of the benefits and advantages of  birth citizenship, saying that to ban birth citizenship is a racist response to what is a miniscule practice in Canada.

Kerry Starchuk of Richmond BC, a suburb of Vancouver, is an advocate for a ban on birth tourism. She has organized a petition to raise the issue in the House of Commons this fall. Backed by Conservative Member of Parliament Alice Wong, the petition was posted on-line in mid-June 2016 and quickly acquired more than double the 500 required signatures to be referred to the House of Commons.

The petition favours the elimination of birthright citizenship in Canada unless one of the parents of the child born in Canada is a Canadian citizen or permanent resident of Canada.

Ms. Starchuk’s chief complaint is that her home for 28 years is now bordered by a “maternity motel” for pregnant women from China, one of several such homes in Richmond. Local Chinese newspapers and websites in Vancouver and Asia display advertisements soliciting Mandarin-speaking mothers, and promote the advantages of delivering a baby in Canada, suggesting that having a Canadian child will assist them to obtain citizenship as well.

Services offered include airport shuttles, language translation services, provision of obstetricians, and assistance with birth certificates, child tax benefits, medical coverage,  social insurance numbers, and passport and visa applications. These maternity motels boast of healthy  food prepared by professional chefs and describe  views of the snow-capped north shore mountains from their  facility.

China and Hong Kong are well-versed in the potential exploitation of birth tourism, a phenomenon they struggled with when mainland Chinese mothers travelled to Hong Kong to give birth in order to obtain better health care, Hong Kong residency, and the freedom to dodge China’s one-child policy. Until Hong Kong  passed laws banning birth tourism in 2013, statistics indicate that up to half of all children born in Hong Kong had parents who lived elsewhere.

Immigration lawyer Richard Kurland presents the argument that this isn’t really a  Canadian problem, citing the huge number of foreign workers and long-term visitors to Canada of over a million people per year, compared to 232 births attributed to birth tourism.

I predict that Ms. Starchuk’s petition will languish just like similar proposals to rid Canada of birth tourism.

Interestingly, Canada and the United States are the only G7 countries that permit babies born on their soil to obtain citizenship.

Lawdiva aka Georgialee Lang










Another Crazy American Judge Story

DSC00507 (2)There will always be debates about what it is like to be a judge. Some say it’s a highly stressful position, while others argue it is a “cushy” power job, with no one looking over your shoulder as you command your courtroom. When a judge directs a lawyer or a litigant to “jump”, they jump, no ifs, ands or buts!

I lean towards the view that a judge’s job is very stressful. They deal with the most important issues in society: where should a child live? how much jail time should a convicted offender receive? and, how much money do innocent victims  of a car accident need to reclaim their lives?

Of course, there is much anecdotal evidence about the stressful nature of the judicial role, often used as a reason to excuse bad behaviour. Or does unprofessional conduct  abound because  some judges begin to believe they are untouchable, simply because they are judges?  A recent case of a “runaway” judge tends to support the “arrogant judge” theory.

Judge Arnette Hubbard, age 81 (yes, still sitting at 81!)is a silver-haired African-American jurist who presides in Chicago. One sunny July morning Judge Hubbard left the court building to smoke a cigarette in Daley Plaza, adjacent to the court facilities. Businessman David Nicosia was nearby using his cell phone and became annoyed at the second-hand smoke wafting in his direction.

Judge Hubbard and Mr. Nicosia, a white man, had an unpleasant exchange that resulted in Mr. Nicosia’s arrest for aggravated battery and a hate crime. Mr. Nicosia was at the law courts that morning to obtain a marriage license. Instead he ended up in jail, cancelled the wedding plans, and awaited his day in court.

His trial last month turned into the ever popular “He said/She said”.  Judge Hubbard testified that when Mr. Nicosia asked her to stop smoking she replied that she wasn’t permitted to smoke indoors. She said that Mr. Nicosia then spat in her face and yelled “Rosa Parks move!”. She cried out to nearby deputy sheriffs and tried to stop Mr. Nicosia from leaving the scene, whereupon she alleged he flung her off and slapped her.

Mr. Nicosia described a different series of events. He testified that after he complained the judge intentionally blew smoke in his face and said she could smoke wherever she liked. He replied “It’s not like you’re the Rosa Parks of smoking”. At that point an angry Judge Hubbard said she had something for him. She opened her mouth and delivered a projectile of tobacco-laced spittle that landed in his mouth, on his glasses, and on his shirt.  He quickly spit out the nasty “goober” which inadvertently landed on Judge Hubbard. He testified that the slap was accidental and occurred when the judge moved toward him to stop him from leaving.

Trial Judge James Obbish acquitted Mr. Nicosia of all charges, saying he believed that Mr. Nicosia would never have faced the felony charges if the alleged victim had not been a judge. He said that Judge Hubbard ought to have moved away from Mr. Nicosia once he complained. He also added that Mr. Nicosia  didn’t deserve a medal as he “didn’t act in a way that a man should act to a lady”.

Clearly the court did not believe Judge Hubbard’s version of the truth and her credibility was also damaged after she testified she had to take 17 months off work  after the “assault” for post-concussion syndrome, although she presented no medical evidence to support her claim.

Judge Hubbard has a civil lawsuit against Mr. Nicosia pending. As for me,  I think she should retire from the bench, drop her civil suit,  and pay back the 17-month salary she milked  from the citizens of Chicago.

Lawdiva aka Georgialee Lang




Lawyer Jailed for Refusing to Remove “Black Lives Matter” Pin

GeorgiaLeeLang100Ohio lawyer, Andrea Burton, was handcuffed and led out of a courtroom by an attending sheriff when she refused to comply with Judge Robert Milich’s  multiple requests that she remove her Black Lives Matter pin.  After her refusal, the Judge and Ms. Burton  adjourned to his chambers to discuss the impasse created by Ms. Burton’s position. She argued that the Court’s ruling was an unjustified infringement on her First Amendment right of free speech.

Judge Robert Milich reminded Ms. Burton  that based on Supreme Court case law, he had authority to prohibit any symbolic political expression in his courtroom. He later spoke to the media declaring, “There’s a difference between a flag, a pin from your church or the Eagles and having a pin that’s on a political issue”.

Judge Milich emphasized that his personal opinions had nothing to do with his decision.

“A judge doesn’t support either side, a judge is objective and tries to make sure everyone has an opportunity to have a fair hearing, and it was a situation where it was just in violation of the law.”

Burton was sentenced to five days in jail for contempt of court, although she was later released and her jail sentence “stayed” pending her appeal of the Judge’s contempt finding and  jail sentence.

Upon her release she told the local media that she believed that her First Amendment right overruled the Supreme Court law and Judge Milich’s discretion, and that she ignored the judge’s instructions because she didn’t want to remain neutral to injustice.  “To remain neutral becomes an accomplice to oppression, ” she remarked. She also said:

“It’s an act of civil disobedience, I understand that. I’m not anti-police, I work with law enforcement and I hold them in the highest regard, and just to say for the record I do believe all lives matter. But at this point they don’t all matter equally, and that’s the problem in the justice system.”

Not surprisingly, the National Association for the Advancement of Colored People announced they would be following Burton’s case and believe her civil rights may have been violated.

My view is that judges have full authority and discretion to determine what is said and what is worn in their courtrooms. They  have jurisdiction to make findings of contempt for behaviour that does not comport with the required decorum and solemnity of our courts of law.

Lawdiva aka Georgialee Lang






The World’s Richest Lawyers: Part 1



If you think all lawyers are rich, you’d be wrong. Money Inc. reports that the average salary for lawyers in the United States is $133,000 per year. The average for Canadian lawyers is less than that. But there are a group of lawyers worldwide who have made a fortune from practicing law, not from investments or business activities, but just advising and representing clients.  The list includes a few well-known names and several who fly under the radar.

  1. ALAN DERSHOWITZ  $25 million

A graduate of Harvard Law School in 1962, Dershowitz became a faculty member at Harvard in 1964 and a full professor in 1967. While working as a professor he gained a stellar reputation as a criminal lawyer, representing celebrities such as heavyweight champion Mike Tyson, Queen of Mean and New York hotelier Leona Helmsley, OJ Simpson, Patty Hearst, televangelist Jim Bakker, and Claus Van Bulow, acquitted of murdering his wife. He has also written more than a dozen books.

2. MARK GERAGOS $25 million

Mark Geragos is a “celebrity” lawyer who has acted for Michael Jackson in his sexual molestation trial; Winona Ryder for shoplifting; California politician, Gary Condit, who was suspected of murdering his Washington, DC intern; Susan McDougal , partner of the Clinton’s involved in the Whitewater scandal; Scott Ferguson, convicted of murdering his wife Lacey; and Chris Brown, who pleaded guilty to the assault of his girlfriend Rhianna. Named one of the 100 Most Influential Attorneys in California, he also holds the record for one of the top ten jury verdicts in California for a 2008 award of more than $38 million against a pharmaceutical company

3. WILLIAM LERACH $900 Million

William Lerach specialized in corporate law, specifically  private securities class action lawsuits, the largest being the $7.12 billion he obtained as the lead attorney in the action against Enron. Nicknamed the “King of Pain”, he was reputed to be one of the most feared lawyers in the US during his 30-year career. In 2010 Pulitzer Prize winning journalists, Patrick Dillon and Carl Cannon wrote a book about Lerach called “Circle of Greed: The Spectacular Rise and Fall of the Lawyer Who Brought Corporate America to its Knees”. He no longer practices law after pleading guilty  in 2007 for obstruction of justice, related to a kickback scheme,  and serving a two-year prison sentence. He was disbarred in California in 2009.

Lawdiva aka Georgialee Lang

Who Knew? DNA Isn’t Always Reliable

GeorgiaLeeLang016DNA evidence has proven to be a godsend for police investigators and a nightmare for criminals, whose skin, hair, blood, and other bodily fluids can provide damning proof of their involvement in criminal cases, usually involving sexual assault and homicide.

Florida rapist, Tommie Lee Andrews, has the ignominious distinction of being the first offender in the United States to be convicted as a result of DNA evidence. DNA or deoxyribonucleic acid, contains a genetic blueprint that  unequivocally identifies each person, with the exception of identical twins, who share the same DNA profile. Two years after Mr. Andrews’ conviction, a Virginia killer, Timothy Wilson Spencer, nicknamed the “South Side Strangler” was sentenced to death in 1987 after DNA linked him to multiple rapes and murders in Virginia.

The infamous “Green River Killer”, Gary Ridgeway, who murdered 49 women in the Seattle/Tacoma area in the 1980’s and 1990’s, mostly prostitutes and runaways, was eventually caught through DNA.  He plead guilty after learning that police had definitively confirmed that sperm on several of this victims matched his DNA. He later confessed to another dozen murders.

That DNA evidence initially baffled jurors is best illustrated by the 1995 murder trial of OJ Simpson, where despite unimpeachable blood evidence a jury acquitted Mr. Simpson of the murders of his former wife and her friend Ron Goldman. The public outcry of his acquittals underscored the public’s new understanding of the science behind DNA.

However, Scientific American reports in their June 2016 journal that DNA evidence, thought to be foolproof, recently implicated an innocent man, where “touch” DNA was used as evidence of his involvement in a murder.

Lukis Anderson, a homeless man in California, was charged with the murder of Silicon Valley multi-millionaire Raveesh Kumra based on DNA evidence. While Anderson’s DNA was found on Mr. Kumra, his alibi was rock-solid. At the time of the murder Mr. Anderson had been drunk, near comatose, and in hospital under medical supervision.

How is that possible you say? Anderson’s legal team discovered that the paramedics who arrived at the murder victim’s home had also treated Mr. Anderson earlier that day and inadvertently “planted” his DNA at the murder crime scene. While this is an isolated case, it shows that blindly relying on DNA, particularly from skin cells, carries with it a significant risk.

Mr. Anderson was arrested and spent more than five months in jail after he was connected to the slaying of Mr. Kumra. Eventually two Oakland gang members and a prostitute were charged in the murder which occurred during a home invasion at the victim’s mansion.

Law-enforcement agencies around the world are assembling DNA databases, which have yielded matches that investigators may otherwise have missed. The FBI now has DNA records on more than 5 million convicted offenders, and sex offenders in all 50 states are required to submit DNA samples to law enforcement.

Canada’s DNA Bank originated in 2000 and has two categories: DNA collected from crime scenes, and DNA taken from convicted offenders who have been subject  to court orders permitting the RCMP to take DNA samples.

Government records show that over 237,000 DNA profiles are in the convicted offender category and more than 71,000 are in the crime scene bank.

Lawdiva aka Georgialee Lang