Rottie Refugees

Usually, suicide notes are reported to be rambling diatribes, or worse. This suicide note is disturbing in its accuracy.  It begins rather ominously…

I am due in court the end of the month. The ex-wife lawyer wants me jailed for back child support. The amount ranges from $2,200. to $3,000. depending on who you ask. Not big money after being separated over ten years and unemployed for the last two. But I do owe it. If I show up for court without the money and the lawyer say jail, then the judge will have the bailiff take me into custody. There really are no surprises on how the system works once you know how it actually works. And it does not work anything like they taught you in high school history or civics class.

When I was a mere lad, I was taught owing money was not a crime. Heck, even judges at traffic court will give you time to pay. How can this happen in my world?

I could have made a phone call or two and borrowed the money. But I am done being bullied for being a man.

I’m sick of the TV commercials where the woman is a genius and the man an imbecile.

But first let me tell you how I ended up in this rabbit hole.

I’ll attempt brevity here.

My story starts with the infamous slapping incident of April 2001. While putting my four year old daughter to bed, she began licking my hand. After giving her three verbal warnings I slapped her. She got a cut lip. My wife asked me to leave to calm things down.

When I returned hours later, my wife said the police were by and said I could not stay there that night. The next day the police came by my work and arrested me, booked me, and then returned me to work. Later on Peter, the parts manager, asked me if I and the old lady would be able to work this out. I told him no. I could not figure out why she had called the police. And bail condition prevented me from asking her. So I no longer trusted her judgment.

After six months of me not lifting a finger to save this marriage, she filed for divorce. Almost two years after the incident, I was talking with her on the phone. She told me that night she had called a mental health provider we had for one of the kids. Wendy, the counselor told my then wife that if she did not call the police on me, then she too would be arrested.

See how that works? Scare the crap out of these ‘genius’ women and threaten them with losing their kids and you have a formula for success.

If both she and I were arrested, what would happen to our three children, ages 7, 4 and 1? They would end up in State custody. So my wife called the police on her husband to protect the children. And who was she protecting the kids from? Not her husband, the father of these children. She was protecting them from the State of New Hampshire.

Now for the understatement of the year…

This country is run by idiots.

You got that right, brother.

The police sergeant Freyer screwed this up from the get go. When I got the Court Complaint form the box was checked that said Domestic Violence Related. I could not believe that slapping your child was domestic violence. So I looked up the law. Minor custodial children are exempted. Apparently, 93% of American parents still spank, slap or pinch their children. To this day I still wonder if Freyer would have made this arrest if it had been the mother that had slapped the child.

One would think the police department would be facing a federal lawsuit, but let’s not get too far ahead of ourselves, just yet. It gets worse.

Arrests are mandatory for the police in New Hampshire for domestic violence. That is not law. That is police department policy. Laws come from the Legislature and the Governor’s office together. God only knows where these policies come from. The State’s Attorney General also has a mandatory arrest protocol for domestic violence. I call these policies, procedures and protocols The Second Set of Books. You never cover the Second Set of Books your junior year in high school. That because we are not suppose to have a Second Set of Books.

So you can see how this thing is spiraling out of control. There seems to be no one in “authority” that can see the damage nor is willing to put an end to this for fear of their job. Not the Cops. Not the judge.

 As remarkable as my life has been, I figure that what happens to me must be happening to others as well. I was 48 years old when I got arrested here for my first time. So I went looking for the arrest numbers for domestic violence, this new group that I had unwilling joined. I could not find anything. So I wrote the U.S. Dept. of Justice in Washington. They wrote back that they did not keep track of domestic violence arrests. The FBI keeps track of all other crimes. How come not domestic violence? I thought some low level clerk was blowing me off.

The poor shlub. Nobody cares about his demographic.

At the time, I had mailing addresses in both New Hampshire and Massachusetts. So I wrote to all six Congressional offices, the two Senators from each state and the two Congressman. They like doing favors for constituents hoping you will favorably remember their name in the voting booth. All six offices reported back the same thing. They do not know how many arrests for domestic violence have been made. I immediately knew something was wrong. And I also knew this was not going to be good.

At this point he should have come out of the closet and this might just go away. But I digress.

Improvise, adapt and overcome. The Army teaches that to every soldier it trains. They say that no battle plan survives the first five minutes of combat. So your people on the ground had better be able to think for themselves. Taking casualties in war is just an occupational hazard. Taking casualties and not accomplishing your mission is a disaster. After 21 years of Army service, I am pretty good at improvising.

Eww. Military. Strike Two.

The first thing I found was a study not of domestic violence arrests but of domestic violence injuries for 18 unnamed states and the D.C. in the year 2000. In the study 51% of the injuries were ‘no injuries’. So I knew I had a study of police reports. Who else but a police officer would record no injuries? I populated that out to the 50 states and came up with 874,000 arrest in the year 2000.

All this can do is piss off “The Man™”

I had originally populated the number back to 1994 when the Violence Against Women Act (VAWA) was enacted into law. I would later find out these arrests stated with the U.S. Attorney General’s Task Force of Domestic Violence ten years earlier in 1984. As individual states data became available for various years and states, I would incorporated in to my informal study. The number I have now in 2011 is 36 million adults have been arrested for domestic violence. I have a gut feeling this number could be as high as 55 million. But I only have data to 36 million. So 36 million it stays. And there is a really cool trick you can do once you have this number. You can find out how many American men. women and children ended up homeless because of these arrests.

Most of the domestic violence statistics I have seen break down with 75% male and 25% female being arrested. So I am going to used the male pronoun for the one arrested spouse and the female pronoun for the victim spouse. That should make the domestic violence feminists ecstatic-man bad, woman good. But that is okay because that is probably the last nice thing I am going to do for them today.

Hang in there, kids, this is where it gets good. (Or bad, depending on your perspective.)

When then a man is arrested for domestic violence, one of two things can happen. If they are only dating and have separate apartments, then he can head home. But if they are living together, then this fellow has a real problem. Bail conditions and then a possible protective or restraining order prevent him from being with her. So he needs to find a new place to live, at least until the charges are resolved. The King of his Castle is no longer allowed into his castle. A feminist name Pence who wrote that was absolutely giddy at that outcome. So he can get his own place if he has enough money. Or he can move in with his mother, his sister or another relative. He might have a girl friend who would let him stay with her. And if none of this is possible, well then I guess he is sleeping in his car down by the river.

If he has minor children, money will soon turn into an issue. Most men I know do not mind paying child support. They want their kids to have food on their plates, clothes on their backs, and a roof over their heads. But it does stress that man’s finances. Child support is usually 33% of the man’s gross income. Withholding for taxes, social security and health insurance can range up to 28% of his gross paycheck. So a man making $500 a week gross has only $825 monthly left over after withholding and child support. That is not enough money for an apartment here in Central Massachusetts. That does not include other expenses like heating, electric, gas, groceries, telephone, cable, car payment and car insurance. So he is in a financial hole. Estimates of homeless men run 82% to 94%. I am going to round that down to 80%.

And it’s not much better for women:

After the King has left his castle, his wife runs into a problem. She was use to getting his whole paycheck for the household. Now she get a third for child support. Figure they both work and made the same money, her budget went from 100% down to 66%. If she was running the house on $3,045. a month when the King was home, now without him she only has $2,220. Most households in America cannot withstand a 27% hit on the household account. She’ll juggle the bills but eventually most wives figure out that they can pay all the smaller bills if they just does not pay the big bill. That would be the rent or the mortgage. So six to nine months after the King is out of the castle, the Queen, the Princes and the Princesses are also on the street. Domestic violence feminists state that 50% of victim spouses of domestic violence end up homeless at some time in their lives.

The last group of homeless from these arrests are children. The domestic violence feminists state that 70% of domestic violence couple have children. So 50% female times 70% children equals 35%. But children is plural. So we will double to 70%.

(Odd isn’t it? They know that 50% of victim spouses end up homeless and that 70% of them have children. How can they know the percentages when they do not know how many total arrests were made? Those people at the U.S. Justice Dept. cannot even pull off a credible cover-up. )

Men are 0.8, women are 0.5, and children are 0.7 for a grand total of 2.0 homeless Americans for every domestic violence arrest. Multiply that by 36 million and you get 72 million men, women and children ending up homeless at some point in their lives over the last 25 years because of these domestic violence arrests.

That’s almost a quarter of the population homeless because of a ‘policy’ of the police department.

Twenty-five years ago the federal government start pushing these arrests on state’s legal systems.
The idea for these arrests came from something called the Minneapolis Police Experiment (MPE) of 1981-82. In the experiment police offices were given pads with one of three words written on them; counsel, send or arrest. Counsel meant the officer was to try to mediate the couple’s spat. Send was to send one of the spouses out of the house for eight hours as a cooling off period. Arrest was arrest one of the two spouses. The officer was to do as the top paper on the pad said to do. The experiment was set up by the Police Foundation and Lawrence W. Sherman was the lead researcher. The results show counseling resulted in a future assault in 24% cases, send was 19%, and the arrest option resulted in a future assault in only 10% of the cases. Perhaps a cheap way of cutting down future domestic violence.

In 1984 The U. S. Attorney General’s Task Force of Domestic Violence recommended arrest as the primary weapon in domestic violence assault. Lawrence W. Sherman recommend not using the arrests because the MPE was just one study and it could be wrong. They ignored him.And by 1992, 93% of the police departments in the nation had adopted some form of mandatory arrest in domestic violence cases.But by 1992 five more addition studies similar to the MPE became available. Lawrence W. Sherman reviewed all five studies. Then once again he wrote that the police should not use arrest. In two of the five studies, they found the same result as they did in the MPE, that an arrest cut down the odds of a future assault. But in the other three studies an arrest actually increase the odds of a future assault. So arresting someone in a domestic violence situation to cut down on future assaults did not work any better than just flipping a coin. I do not know if Lawrence W. Sherman is still alive. But fortunately he wrote a book call Policing Domestic Violence that was published in 1992.

So we have 800,000 American police officers arresting one in every six adults in the country and throwing 25% of the men, women and children out on the streets in an effort to enforce a policy that they knew did not work back in 1992.

By now you must be wondering how this happened.

Why would they push an arrest policy that does not work? There are two schools of thought on the reason why. The first comes from Lawrence W. Sherman. He calls it the Law of Just Desserts. Revenge for slights and offenses, real or imagined. I am sure there are some that would argue that women are not vengeful. But what is that old saying? Hell hath no fury…..

That’s too obvious, there’s gotta be another…

The second idea comes from the mother of the second wave of feminism. I do speak of the brilliant Betty Friedan. In the Epilogue Chapter of the 20th Anniversary Edition of her book The Feminine Mystique, Betty relayed why she resigned as the first president of the National Organization of Women in 1970. Betty wrote that she, “was unable to openly fight the man haters and unwilling to front for them any more…” So man hating bigots no only existed 40 years ago, they were also grabbing power. Now Washington is funding them. Makes you wonder what bigots they will fund next. Maybe the Klan?

At this point I’m actually at a loss for words to describe my outrage.

Any one swept up into legal mess is usually astonished at what they see. They cannot believe what the police, prosecutors and judges are doing. It is so blatantly wrong. Well, I can assure you that everything they do is logical and by the book. The confusion you have with them is you both are using different sets of books. You are using the old First Set of Books- the Constitution, the general laws or statutes and the court ruling sometime call Common Law. They are using the newer Second Set of Books. That is the collection of the policy, procedures and protocols. Once you know what set of books everyone is using, then everything they do looks logical and upright. And do not bother trying to argue with me that there is no Second Set of Books. I have my own copies at home. Or at least a good hunk of the important part of it.

Incredible, you say? Just keep reading.

I got my Second Set of Books when I sued the Jaffrey NH police department. Under the discovery rule, I write them with the material I wanted and it would arrive in the mail a few weeks later. I got the Police Academy Training Manual. I got the Department’s Policy and Procedure Manual. I got the no-drop protocol that the attorney general sent to all his or her prosecutors. I even got the domestic violence protocols for the court system, one hundred pages worth. Once you read it the material, then you will know what the police, prosecutors and judges will do. They are completely predictable once you know what set of books they are using.

The police academy training manual states that an arrest in a domestic violence call is the preferred response. They cite the Minneapolis Police Experiment (MPE) as its justification. But the author of the MPE, Lawrence Sherman, said do not use arrest because five follow up studies show that it did not work. The would be a violation of the 4th Amendment in the First Set of Books against unreasonable search and seizure. Then there is that whole issue of whether the police have the right to arrest for any reason other than they believe a crime was committed.

The Jaffrey Police Department Policy and Procedures Manual states that if a wife says she does not want her husband arrested, the police are to ignore her, arrest the husband, and get with the prosecutor to see what they can work out. In other words, make the arrest and then see if you can Mickey Mouse it. The wife is eligible for spousal immunity. If she invokes it, then no statement she mades, written or oral, are admissible because she cannot be cross examined about it under oath. ( Did you say that? What did you mean when you said that?) With no statements the police have no probable cause in most cases to make an arrest. Also a violation of the 4th amendment in the First Set of Books.

By now, you can see this isn’t your ordinary “rambling diatribe”.

The prosecutor in my criminal case fared a little better. I filed a complaint with his boss for summoning my two daughters, ages 7 and 4, to court. I had already conceded that the facts were not in dispute. The trial would be about the law. No witness were need much less a couple of toddlers. He still summoned them. (The Second Set of Books tells the prosecutors to get a sympathetic face in front of the judge or jury. What’s more sympathetic than toddlers.) The prosecutor could not refute my allegation because I enclosed a copy of the trial transcript. I had to pay for the transcript. When the prosecutor read it, he gave his two weeks notice and then blew town. That transcript was the best $46 I had ever spent in this life.

A glimmer of Hope.

There is a name for what happens when a bureaucrat is destroyed by the First Set of Books for attempting to enforce the Second Set of Books. It is called the Abu Ghraib Syndrome. The people within the law enforcement community no longer seem to know the difference between the law, with its checks and balances, and the policies, procedure and protocols that constitute The Second Set of Books. In some cases you do not even know who wrote the policy, procedure or protocol. It could have been the local high school gym teacher for all anyone knows. Many of these bureaucrats are eventually going to learn the different between the First and the Second Set of Books. And my guess is that many of them are going to learn it the hard way. Because the only checks and balances in The Second Set of Books is The First Set of Books.

I lost visitation with my two daughters when I got arrested. One was the victim-the other was the witness. After a not guilty, I expected to get visitation with my girls. But the divorce judge, Sullivan, decreed that counseling was in order and they would decide when we would reunite. I told the judge that the decision on whether these two girls had a father or a fatherless childhood was not leaving this courthouse. There would be a couple of reason for that decision.

First, by then I knew of the Second Set of Books. As much as I had prayed for the return of my children, I knew that this counseling might get thrown in the way. Judges are addicted to counseling like a meth-head is addict to crystal meth. Sullivan wrote in the divorce decree that he envision only one or two meetings with the counselor. There is no counseling done in the first meeting or two. It is intake-who’s the players and what are the issues. But Sullivan was not interested in counseling. He merely wanted to unload the decision out of habit. And if we do not shut them down now, they will be doing it to our kids in twenty years from now when they have little ones running around the house.

Second, just exactly where does the buck stop with our legal system? Police have to make an arrest. The prosecutor has to pursue the case. Judges now also walk a away without rendering a verdict, and passing the buck does not constitute a decision. Can those mental health counselors slide the decision over to someone else? Just where does this end? Who is responsible? Who is accountable?

The mental health crowd is the third reason I said no. Some people think they are geniuses with their Masters and PH D’s. Others think they are so wacky that they call them fruit loops. Well, I have a third name for them. Suckers. They did not get hired for their medical ability. They got these because they were willing to take these cases off the judge’s hands. Which has done nothing for the credibility for their profession. We are not here to help-we are here to unload. And they created a liability that did not previously existed. If a judge releases a defendant and he goes kills someone, that judge or the judiciary cannot be sued. But a mental health worker, and their employer certainly can be held liable. Our judiciary is now using the mental health field like a ten dollar whore.

I sued Monadnock Family Services to make them go away. I told their lawyer Byron that they were a legitimate target for men. We settled for no money. They would have nothing to do with this reconciliation. The counselor was released. And they would no longer get involved in any domestic violence cases.

Another glimmer.

There are more sections of The Second Set of Books. Medical personnel are supposed to report suspected domestic violence. The college professor Angela Davis has a story of a Latino couple in California getting in trouble feeding the dog his liver for dinner. Mental health employees are also required. Think of Wendy threatening our kids with foster care. Teachers, day care providers, the list just goes on and on. The East German secret police, the Stazi, had 25% of the population on record as informers. The United States is not that high yet, but we are still growing.

Talk about circling the drain.

So how did we end up with the theory of man bad-woman good that the government at all levels is using? The feminist writer Susan Brownmiller wrote In Our Time that,” the way you get funding and church donations is to talk about the pure victims. If you talk about the impurity of the victim, the sympathy vanishes.” If women get to be good then men get what is left-bad. Man bad-woman good was originally a funding raising technique. After 35 years, it has turned into official government dogma at all levels, from the local cop on the beat to the White House. Men need to be punished, restrained and retrained. Your wives and children are, unfortunately, just collateral damage in this effort to punish men. So you were not dreaming it. There really is a government pogrom against men.

The money funded under the VAWA is split in two when it leaves the Treasury. Part goes the Health and Human Services for fund these domestic violence homeless shelters. If that 36 million number is correct, and it is all that we have, then the 1.44 million arrests a year will be made producing 2.88 million homeless Americans each year. Women and children constitute 60% of these homeless people, 1.7 million Americans a year. Shutting down these shelters would be cruel. What would these women and children do then? Go live under a bridge. No, we are stuck with these shelters for a while. But there is one thing that Congress needs to fix when they fund them again.

These shelters do not allow men on the property let alone inside the residences. Why is it against the law to use federal money on organizations that discriminate against black, Jews, gays or even women but it is okay to do so against men? Men contributed half that tax money. Eight years ago a man in California fled with his children after the police warned him to get out after they had arrested the wife and mother. None of the shelters would take him and the kids in because he was a man. I wonder if this would survive a legal gender discrimination challenge in a federal court?

The remaining money under VAWA goes to the United States Department of Justice for the Office of Violence Against Women (OVW). As long as OVW exists then the government is at war with men. As long as there is a pogrom against men, then women and children are going to end up as collateral damage. So there is no need for discussion about OVW going. The only thing we need to figure out is which of the two ways we can use to get rid of them-the easy way or the hard way.

The smartest person I knew in this life was my mother. Perhaps that is true of all of us.

But she did have one favorite saying. I must have heard in a thousand times in the eighteen years I lived under her roof. It always came at the end of the conversation as she peeled away to see if it was time for Perry Mason or Lawrence Welk. She would turn her head to the side, and over her shoulder she would say, “And the only thing you really have in this world is your family.” Now, thanks to the United States Government, neither we nor our children have that.

And with that sent to the Sentinel he went to the courthouse, dowsed himself with gasoline and sparked himself. They had won.

What about this First set of books- The Constitution, the statutes and the Common Law? In many jurisdictions, traffic court has veered off into the Second Set territory with the hearing officer telling the assembled not to plead guilty nor not guilty, rather, it will be liable or not liable. A redlight photo may be evidence, but an accused has the Right to confront his accuser.  Who would that be, the photographer or the cop that looks at the photo? The cop that looks at the photo didn’t witness anything, heck the photograph was taken by tripping a switch. The photographer didn’t see anything either. Either way, it really doesn’t matter as the charge is neither criminal nor civil in nature. It’s administrative.

For an administrative complaint there doesn’t even need to any witnesses. Just a complaint. The “hearing officer” takes it from there. Since there are no rules of evidence, you can see how the accused is going to get screwed. Just pay up. Many times the hearing officer, who incidentally is hired by the town, village or city, will tell you how in his beneficence, the infraction will not go on your permanent record. How nice. Only there is one tiny problem. The charge would never stand up in a court of Law.

In a court of law the officer would state he witnessed the infraction. You then object stating “that calls for a legal conclusion by the witness.” The judge, of course, will overrule your objection. On cross examination, you then ask the officer “is there evidence of a crime?” and  “what are the elements of a crime?” The prosecutor will object, stating the officer is not competent to make a legal conclusion and viola. You have the judge boxed in. You can either have all his testimony struck, or have grounds for appeal.

Another tactic is to ask the judge/hearing officer if you are presumed innocent. Yes. OK, does that mean I am presumed innocent of every aspect of the charge? Yes? Motion for dismissal for lack of Subject Matter jurisdiction. You see, the information in the complaint is insufficient to state a statute- it cites Code not Statute. It may reference Statute, but without an enacting clause, it is void.

“The allegations in the indictment or information determines the jurisdiction of the court.”  (22 Corpus Juris Secundum, “Criminal Law,” § 324 page 390)

“Where an information charges no crime, the court lacks jurisdiction to try the accused, and a motion to quash the information is always timely.” (Exparte Waldock, 286 Pac. 765, 766 [Okla. 1930])

“The publication of a statute without its enacting clause is no publication.” (Ruling Case Law, vol. 25, “Statutes” §133, p. 884; citing L.R.A. 1915B, p. 1065)

Thus, the publication of a Code is not law.

The object of this exercise is to keep these cretins from dragging you into their game. I play by the Constitution, not some rules they make up as they go.

It just burns me up to see what they did to this poor guy. If your going to play their game you better know the rules.

Caveat: I am not a lawyer. But just try me.

(The original story is by subscription now. E-mail me for the whole suicide note.)

 

 

This entry was posted on Saturday, August 6th, 2011 at 11:33 am by Rebel Mope and is filed under Uncategorized . You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.