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Children Services Found That He Is A Child Abuser
"However, physical abuse to (the boy) by his father Louis Thibodeaux has been indicated. Our case assessment did find evidence to support the allegation."
Denise Orchard
Children's Services
August 7, 1997
A PAS Mentality
Several months after Ms. Orchard's assessment, a Hamilton County Parenting Division social worker named Janice Chapman threatened to recommend full custody of the children to this very same alleged child abuser, Mr. Thibodeaux, despite being aware of his physical abuse of the children. Wacky? Yep.
Watch for the Gardner PAS word "alienate" in the social worker's report. Protective parental bahavior, what they call alienating, is a bigger crime in Hamilton County than child abuse. This was the first threat to the mother from Panioto's PAS administration. It wasn't the last.
"(The mother) must be cautioned that if she continues to alienate the children from their father or interferes with his access to the children, a change of custody would be in order."
Janice Chapman
Hamilton County Parenting Division
March 18, 1998
But wait just a second Ms. Chapman, didn't Children Services state that just six months prior that they found "evidence" that Dr. Thibodeaux physically abused his children? And you're threatening the protective parent (the mother) with a change of custody if Mr. Thibodeaux is denied access to the children that he evidently abuses?
Ms. Chapman, can you understand why people think that you and people of your ilk, are out of your minds? What's wrong with you Ms. Chapman? Seriously, what is wrong with you?
First The Boy,
Then The Girl
"To a degree of psychological certainty, yes, based on my experience, based on my observation, based on my work with (the girl). I would say with psychological certainty, yes, she has been abused."
"The only person she has ever named has been Daddy."
Dr. S. Jacqueline Kowalski -
child sexual abuse expert
in Judge Panioto's court
January 6, 2000
Panioto Turns To PAS
"The only question we make is that whoever you pick, your Honor, that they have a background in being able to recognize the symptoms of parental alienation."
Dominic Mastruserio
Dr. Louis Thibodeaux's attorney
in Judge Panioto's court
January 6, 2000
"We'll get somebody that's good on that, so that's no problem."
Judge Ronald Panioto
Chief Administrative Judge
Hamilton County Domestic Relations Court
In reply to Mr. Mastruserio
January 6, 2000
Pro-Pedophillic PAS
''What I am against is the excessively moralistic and punitive reaction that many members of our society have toward pedophiles ... (going) far beyond what I consider to be the gravity of the crime.''
Gardner suggests that the molesting-father's behavior should be understood. The father "has to be helped to appreciate that, even today, [pedophilia] is a widespread and accepted practice among literally billions of people" and "he [the father] has had a certain amount of bad luck with regard to the place and time he was born with regard to social attitudes toward pedophilia."
Dr. Richard Gardner, author
Parental Alienation Syndrome
Vicarious Deprogramming Procedure
Richard GardnerStabs Himself To Death
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CAUSE OF DEATH:
Incised wounds of chest and neck.
MANNER OF DEATH: Suicide
Laura S. Carbone, M.D.
Assistant Medical Examiner
May 27, 2003
Panioto - That PAS Guy Borack,
"he's outstanding"
"And maybe Dr. Borack can pick it up. I don't know whether he can or can't. He's excellent, by the way. He's outstanding, as far as I'm concerned. And he does a lot of reports for this Court."
Judge Ronald Panioto
Chief Administrative Judge
Hamilton County Domestic Relations Court
In Court February 10, 2000
Borack - Yippee!
Let's Deprogram The Little Shits
"The objectives of this intervention will be to de-program the children in regard to their father,..."
Michael Borack Psy.D.
Hamilton County Court Appointed Psychologist
Three times:
April 23, 2000 August 15, 2000 November 3, 2000
Gardner: What's The Big Deal? "Sober Her Up"
"If the mother has reacted to the abuse in a hysterical fashion, or used it as an excuse for a campaign of denigration of the father, then the therapist does well to try and 'sober her up'... Her hysterics... will contribute to the child's feeling that a heinous crime has been committed ..."
Dr. Richard Gardner
Author of Parental Alienation Syndrome
Borack - Okay Dr. G, This Is How I ...
"sober her up"
"I strongly urge the Court to communicate to (the mother) beyond a shadow of a doubt that this is not a bluff. I believe only a fear of losing her children will shake (the mother) out of her current frame of mind."
Michael Borack Psy.D.
Hamilton County Court Appointed Psychologist
April 23, 2000
Alright, Alright - So I'm Not An Expert -
But I Did Stay At A Holiday Inn Express Last Night
"No, I do not consider myself a specialist in child sexual abuse."
"I'm not an expert, a specialist, in assessing children as to whether or not they've been sexually abused."
Michael Borack Psy.D.
Hamilton County court appointed psychologist
In Deposition November 2, 2001
So Everybody There Thinks Like Me
"I train the social work staff at the Hamilton County Court of Domestic Relations .... "
Michael Borack Psy.D.
November 2, 2001
Two Experts Say -
An Excellent Mother
"In October, and again in December, (the girl) made statements about possible sexual touching by her father."
"Dr. Boat and I have observed that Teresa is an excellent mother, ..."
Erna Olafson, Ph.D., Psy.D.
Barbara W. Boat, Ph.D
February 2001
"It has been my clinical impression that Teresa (redacted) has been honest and truthful in what she has said to me."
Erna Olafson, Ph.D., Psy.D.
Barbara W. Boat, Ph.D
child sex abuse experts
February 26, 2001 co-authored
It's Only StupidIf You Think About It
The Hamilton County court appointed psychologist, Michael Borack
In Deposition November 2, 2001Richard Ducote Question:
"As I understand it, you say you're not expert in assessing whether or not a child has been sexually abused, in fact, but you are an expert in assessing whether or not sexual abuse allegations are false; is that a fair statement?"
Dr. Michael Borack:
"An incomplete statement, but fair in its statement."
Richard Ducote Question:
"You don't see that that makes no sense?"
Dr. Michael Borack:
"Well, clearly, I see it makes no sense to you."
But We Do Think About It
"In the record below is the deposition of Dr. Borack, the psychologist whose report is at issue in this appeal. In his deposition, Dr. Borack testified that he is not an expert in determining if a child has been sexually abused, but that he is an expert in determining if the allegation is false.
He did not understand the suggestion that his claim is nonsensical."
Richard Ducote
Mother's Attorney
In A Writ To The Supreme Court of Ohio
April 28, 2003
Knowing Your Enemy
Ducote-Borack-Mastruserio
During The Dr. Michael G. Borack Deposition
November 2, 2001Richard Ducote Question:
"Okay. Do you ever use this protocol for the sex abuse evaluation that Richard Gardner promulgated as reflected in his 1995 book?"
Dr. Michael Borack:
"Absolutely not. I purchased these books for the specific purpose of knowing my enemy."
Richard Ducote Question:
"So are you aware that Mr. Mastruserio in requesting this evaluation be done was arguing the reason for the evaluation be done was it was a case of parental alienation syndrome?"
Dominic Mastruserio Objection -
initially speaking of himself in the third person, and telling his umpteenth lie:
"Objection. Counsel has misstated Dominic Mastruserio for about the fifth time. I don't believe that I've ever used that particular phrase, and I want to note for the record that, until he can show in a recorded document that I specifically used that term, I'm going to object to it."
Can't Remember The Seminal Moment In The Case?
Does This Help?
"The only question we make is that whoever you pick, your Honor, that they have a background in being able to recognize the symptoms of parental alienation."
The liar Dominic Mastruserio
Dr. Louis Thibodeaux's attorney
in a recorded document
in Judge Panioto's court
January 6, 2000
Just Make It Up!
Dr. Michael Borack "rendered a formal, professional opinion about a person in (a) Court case in Kentucky without direct and substantial contact with or a formal assessment of that person"
February 21, 2002
Kentucky State Board of Psychology
Board Chair, Robert J. Illback, Psy.D.
Kentucky Assistant Attorney General, Mark Brengelman
Birds Of A Feather
Dr. Michael G. Borack in deposition November 2, 2001
Richard Ducote Question:
"Do you know Bette Gillman?"Dr. Michael Borack:
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"No, I don't."Richard Ducote Question:
"You don't know that name, Betty Gilman?"Dr. Michael Borack:
"I know the name. I don't know her."Richard Ducote Question:
"Have you ever had any discussions with her about this case?"Dr. Michael Borack:
"No. I reviewed her -- As reviewed per my report, but otherwise, I've had no connection with her."Richard Ducote Question:
"Is her report something that you relied on?"Dr. Michael Borack:
"A piece, yes."Richard Ducote Question:
"Are you aware that Bette Gillman settled a civil lawsuit brought on behalf of children who alleged malpractice for her diagnosing parental alienation syndrome and that she was subjected to disciplinary proceedings for diagnosing parental alienation syndrome in children?"
Dr. Michael Borack:
"Wow, no, I was not aware of that."Richard Ducote Question:
"Now, you relied a lot on another psychologist, a gentleman who had had his own little problems with the licensing board, did you not, Michael?"
Dr. Michael Borack:
"No. Jim Kelly."
Richard Ducote Question:
"Dr. Kelly?"Dr. Michael Borack:
"I did not rely upon him, I think you said 'a lot,' so I would disagree with that."
You Poor Thing - Lie Down On This Couch
In 1995, the Ohio State Board of Psychology disciplined Dr. James D. Kelly for engaging "in a sexual relationship" with a client. Which ethically qualifyies him to work for Hamilton County, though he raises the bar for guys like Panioto.
"c) DR. KELLY admits that he is an impaired psychologist as defined by Ohio Administrative Code rule 4732-17-01 (E)(1)."
The Boy Disclosed Again? Anthrax!!! Anthrax!!!
Ummm ... Terrorists!!!
"Now comes the Plaintiff, Louis Thibodeaux, by and through his counsel, and hearby moves the court for an order to terminate Defendant's, (mother), contact with the minor children pending the final trial on the issue."
The liar Dominic Mastruserio
Dr. Louis Thibodeaux's attorney
December 5, 2001
The father "further states that the (mother) has, as recent as September and October, 2001, have continually kept the children out of school, has told the minor daughter that she cannot play with the father's neighbor's children because they have anthrax in their home, that they are terrorists, or that she does not like them."
The liar Dominic Mastruserio
Dr. Louis Thibodeaux's attorney
December 5, 2001
If We Follow The Rules, You're Gonna Lose
The father "is improperly attempting in bad faith to circumvent the applicable rules of civil procedure by invoking some contrived "emergency" premised on bogus and ridiculous allegations he knows to be false because he knows that he cannot prevail on the merits if there is a full trial conducted pursuant to the rules of evidence."
The father "is also desperate now because the deposition taken of Dr. Michael Borack, attached hereto as Exhibit A, revealed that indeed Dr. Borack is not an expert in child sexual abuse cases and that he did not conduct an evaluation to determine if, in fact, these children were sexually abused. Plaintiff has relied on Dr. Borack to vindicate him, and now realizes that, if anything, Dr. Borack's testimony can only harm his case."
Richard Ducote
Mother's attorney
December 10, 2001But they don't follow the rules. These PAS guys are wicked cheaters.
Borack Feels The Pangs Of Unrequited Love
"I'll have to check into him," Panioto says. "I would have to look into it, but right off the top of my head, I don't think we'd appoint him."
Wussing Out, Judge Ronald Panioto
speaking about his neighbor, Michael Borack
From a November 21, 2002 article
by reporter Tony Cook
City Beat MagazineActually, Ronnie boy, Jayne Zuberbuhler says she would appoint Borack again. So don't be such a wuss - show the balls Jayne does, hire the fabricating Borack again. I mean really, what difference does it make if Borack fabricates, Mastruserio lies, or you cheat? It all comes out the same in the wash.
Dr. Richard Gardner
in New Jersey
Dr. Richard Gardner, seen here on the left in February 1999 at age 67, authored the money making PAS theory that made him a very rich man. Gardner committed suicide on May 25, 2003, plunging a seven inch butcher knife into his neck and heart. Gardner testified mostly for men, charging $500 per hour, routinely recommending custody to abusers, deprogramming children and threat therapy for mothers. Gardner was against society's overly moralistic and punitive reaction to pedophiles.
The Hunter Becomes The Prey
Attorneys of the mother's California brother requested of Renee's attorney an affidavit. They wanted Renee to state two simple things.
a) she did not telephone harass this family
b) she does not know Louis ThibodeauxRenee refused several requeststo sign the affidavit.
So the Boston judge denied her motion to dismiss the telephone harassment lawsuit brought by the mother's family, which named Louis Thibodeaux eleven times as her accomplice.
"Since September 25, 2000, Plaintiff has engaged in the practice of causing numerous harassing phone calls to be made to Defendant's family in an effort to threaten and intimidate them. Such conduct demonstrates Plaintiff's emotional and character deficits inconsistent with appropriate parenting and illustrates his motivation to punish those who seek to hold him accountable for his behavior."
Richard Ducote
Mother's Attorney
Telephone Harassment Motion
October 6, 2003
What's A Couple Thousand Harassing Phone Calls Among Friends?
Richard Ducote Question:
"Now, when was the first time you heard the name Renee (redacted)?""Well, today. I don't recall hearing it before."
Dr. Louis Thibodeaux in deposition on July 30, 2001, two weeks after hearing Renee's name in a court hearing accusing him of telephone harassment; and six weeks after seeing his alleged stalking accomplice's name (Renee) in a motion which addressed the telephone harassment campaign. Seriously, Mr. Thibodeaux, you don't expect anybody to believe you now, do you?
Oh yeah, you're right, Pansioto will - that PAS thing sure comes in handy.
Dom Says Borack Should Decide, Since Panioto Already Has The PAS Reports
"... in light of Dr. Borack's recommendations that the Court currently has, Plaintiff respectively requests the Court for an update in regard to these matters and to see if appropriate action should be taken to minimize the contact that the minor children have with the Defendant (the mother) and Defendant's family, attorney fees, Court costs, and any other relief deemed necessary by the Court."
the liar Dominic Mastruserio
Dr. Louis Thibodeaux's attorney
July 6, 2000
"Should Dr. Borack recommend 6 months therapy, the Trial will be reset. If Dr. Borack's recommendation changes as a result of the update, the Trial date will proceed on August 21 and August 23rd, 2000."
Signed by Judge Ron Pansioto
Dominic Mastruserio
William Abernethy
& the Abuser-father
The Mother Says - Hey Guys, Let's Send These Super-Duper Borack PAS Reports To The Appeals Court?
Uh?Ahhh ... ummm ... Borack?
Who's Borack?
"Regarding Defendant-Appellant's arguments in regard to the court appointed psychologist Dr. Michael Borack and Mr. Abernethy's reliance on this alleged incompetent report, Defendant-Appellant (the mother) is arguing a matter which has never been admitted into evidence and this court has on two occasions refused to certify to the record."
The deceitful Dominic Mastruserio
Dr. Louis Thibodeaux's attorney
May 22, 2003
Pansioto Is Not Reversed -
For The Wrong Reason
"The Court finds further that the said "Custody Evaluation Report" does not appear at any place as an item filed with the Clerk of Courts in the subject matter, nor as an exhibit received in any evidentiary hearing or proceeding in this cause, and is not otherwise an original paper within the contemplation of App. R. 9.
Wherefore, the Defendant-Appellant's [sic] Motion for Supplementation of Record on Appeal must be, and is hearby, overruled."
Ronald A. Panioto
Administrative Judge
Court of Common Pleas,
Division of Domestic Relations
On June 5, 2002
Cheating The Mother When She Tried To Appeal
Circular Reasoning"No Choice"
"First, we note that the court-appointed expert's report is not part of the record certified to this court for review."
"The domestic relations court overruled (the mother's) motion to supplement the record ..."
"When portions of the record necessary for the resolution of assigned errors are omitted, this court has no choice but to presume the validity of the lower court's proceedings and affirm."
Judges Painter, Gorman and Sunderman
Ohio First District Court of Appeals
March 12, 2003
Talking In Circles
"In the same breath, the Court of Appeals, in its Judgment Entry, circularly
reiterates the denial of Appellant's Motion to Supplement the Record, and chastises Appellant for providing an incomplete record to the Court. Confronted with an incomplete record, the Court of Appeals admittedly, then, "presumes the validity of the court's proceedings." By ruling in this manner, the Court of Appeals has acknowledged that its denial of Appellant's motions to supplement precluded record material essential to the full and fair resolution of her case on appeal."
Richard Ducote
Mother's Attorney
In A Writ To The
Supreme Court of Ohio
April 28, 2003
"He doesn't want him to start again."
"When I asked about himself, he said that his dad used to touch him and make him touch his dad. I asked if he's doing it now, and he said no, but that his dad is just trying to be good until he gets custody. He doesn't want him to start again."
Kira Kerstine
School Therapist
In Deposition
January 15, 2004
"But I know it did, it did."
"He said that he has talked to a psychologist before, that his father had yelled at him all week and said that it did not happen. (The boy) said, 'But I know it did, it did.' He relayed - he then relayed stories about - that his dad had killed a dog because (the little sister) told before, that his dad had crumbled up a picture of Jesus,
saying that Jesus is bad, and because of that, (the little sister) didn't want to pray anymore."
Kira Kerstine
School Therapist
In Deposition
January 15, 2004
We're "scared of Dad"
"And then he stated that (his sister) cries and cries for two hours because she does not want to go. (The boy) stated, 'I'm scared of Dad, (my sister) is scared of Dad.' He said, in the last few weeks, 'I don't want to live with Dad. I don't like my dad and stepmom, and my dad's acting weird.' "
Kira Kerstine
School Therapist
In Deposition
January 15, 2004
Who Me?
That Was My Wife Kelly Thibodeaux
Richard Ducote Q:
"Okay. Have you ever seen the book "Understanding the Borderline Mother: Helping Her Children Transcend the Intense, Unpredictable and Volatile Relationship," that was written by Christine Anne Lawson?"
Louis Thibodeaux: "Yes, sir."
Richard Ducote Q: "When did you first see this book?"
Louis Thibodeaux: "Summer of 2003."
Richard Ducote Q: "And where did you first see it?"
Louis Thibodeaux: "That book was purchased by my wife Kelly."
Dr. Louis Thibodeaux
At The Mistrial
February 17, 2004
Richard Ducote Q:
Louis Thibodeaux:
"Now, did she ask you ahead of time whether or not this was something that she should do?"
"We had discussed -- specifically about buying that particular book?"Richard Ducote Q:
"Yeah."Louis Thibodeaux:
"No."Louis Thibodeaux
At The Mistrial
February 17, 2004
Richard Ducote Q: "Okay. Now, have you read this book?"
Louis Thibodeaux: "Very briefly."
Richard Ducote Q: "Have you looked through it?"
Louis Thibodeaux: "I've read parts of it."
Richard Ducote Q: "Okay."
Louis Thibodeaux: "But not the -- I don't have a good knowledge of the whole book."
Louis Thibodeaux
At The Mistrial
February 17, 2004
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Sure He Read It -
We Have No RegretsRichard Ducote Q:
"Now, did you discuss the book with your husband before or after you purchased it?"Kelly Thibodeaux:
"Before and after."Kelly Reichert Thibodeaux
At The Mistrial
February 17, 2004Richard Ducote Q:
"That's not my question, ma'am. It's real specific. Before you purchased this book, was your husband aware of the fact that you were going to purchase this book?"Kelly Thibodeaux:
"Yes."Kelly Reichert Thibodeaux
At The Mistrial
February 17, 2004
THE COURT:
"The answer (sic) is did you tell him what you were going to do with the book? I mean it makes it easier, ma'am, if you just listen to the question and answer specifically his question. If you feel it needs an explanation, you may explain your answer, okay?"Kelly Thibodeaux:
"Okay."THE COURT:
"Thank you."Kelly Thibodeaux:
"Did I tell him what I was going to do with the book? Yes."Richard Ducote Q:
"What did you tell him you were going to do with the book?"Kelly Thibodeaux:
"I told him I was going to read the book myself."Richard Ducote Q:
"Okay. Anything else?"Kelly Thibodeaux:
Richard Ducote Q:
"I told him that upon reading the book, you know, I asked him if he would read the book."
"And what was his response?"Kelly Thibodeaux:
" 'I'll read the book.' "Richard Ducote Q:
"Did he read the book?"Kelly Thibodeaux:
"As far as I know, yes."Richard Ducote Q:
"Okay. He read the whole book?"Kelly Thibodeaux:
"Correct."
Kelly Reichert Thibodeaux
At The Mistrial
February 17, 2004
As A Result, The Allegedly Abused Boy Thinks He Has A Borderline Personality Disorder
Richard Ducote Q:
"Did you ever hear him talk about his mother having a borderline personality disorder?"Kira Kerstine A:
"He did make a statement about his mom had - his mom and his aunt have a borderline personality disorder."Richard Ducote Q:
"When did he say that?"Kira Kerstine:
"That was at the same time that he said that he had it. He was saying that he had it and his mom and his aunt had it."
Kira Kerstine
School Therapist
In Deposition
January 15, 2004
"He remembered the title almost perfectly."
THE COURT/Judge Panioto: Overrule the objection. Go ahead.
The Children's Godfather Answer: (The boy) said that he had promised his father and his stepmother that he would not tell that they were reading this book to him. And disclosing it to me would all of a sudden cause him tremendous anxiety, and he was -- he would say, "You're going to use it. You're going to use it," and he wanted to shut down. He didn't want to discuss it anymore.
The Childrens Godfather
(Maternal Uncle)
At The Mistrial
February 17, 2004Richard Ducote Q: When was the first time you heard (the boy), if ever, use any psychological or psychiatric diagnosis terms?
The Children's Godfather Answer: That was the first time, August of 2003.
Richard Ducote Q: Okay. Now, how difficult was it, based on your conversation with (the boy), to actually find this book?
The Children's Godfather Answer: Oh, it was very easy. He remembered the title almost perfectly. I went to -- when we got home -- he told me at a horse stable about this. We were sitting on a bench and he told me what his stepmother was doing. I was, like, all right. So I committed that to memory, went back home, went to the Internet, went to Amazon.com, typed in the words that he had said, and up popped this book.
The Childrens Godfather
(Maternal Uncle)
At The Mistrial
February 17, 2004
This is just like ...
"Communist China"
The Children's Godfather Answer: I told him that it was nonsense. You don't deprogram children. This is mind control. I likened it to communist China what is going on here. I said, "You have no proof that these children have been brainwashed." I was very angry that they would proceed with a program such as that to deprogram children. I was absolutely livid about it.
Richard Ducote Q: And what did he tell you? What was his response?
The Children's Godfather Answer: That you have no choice. That Dr. Borack had come down with this parental alienation syndrome, was labeling Teresa with that.
The Childrens Godfather
(Maternal Uncle)
At The Mistrial
February 17, 2004
Judge Panioto Takes His Football ...
And Like A Wuss Goes Home
The Court / Judge Ron Panioto: Well, no. I don't think there's any sense in calling more witnesses. I really don't. I mean, as I said, Jimmy's a really close friend of mine, and I don't think I can hear this case.
MR. MASTRUSERIO: Judge, it doesn't involve the parties. It's just the person --
The Court / Judge Ron Panioto: It involves me because, as I said, he's very close, personal friend of mine and you know, I put a lot of credence in maybe what he would say and not say, and I don't think it's fair to either side for me to know who is going to testify as a witness and be as close as I am to him.
We play golf together. We're just really close, and I don't think that it would be fair and I think I would be remiss in my duties if I continued to hear the case knowing he was going to testify and be a witness in this case. Just the way I feel.
Judge Ronald Panioto
At The Mistrial
February 17, 2004
Judge Penelope Cunningham Quits Too!Says she too knows Jimmy - won't take the case or bail out Panioto.
Penny girl, does your husband Bill Cunningham of 700 WLW Radio know that while he lambasts the Church for protecting child abusers, your colleagues do the same? Or worse? He knows about it, doesn't he? Won't touch it with a ten foot pole, will he? What's that called? Come on, help me out? What is that word? Oh, I remember ... hypocrite.
Judge Susan Laker Tolbert Also Quits!Because of cincinnatipas.com
"Upon the Court's own Motion and for good cause shown, the Court being apprised of a conflict in which it would be inappropriate for this Court to issue orders in this case, to wit: outside communications with regards to the merits of this case have been disseminated on the internet in the form of a website entitled www.cincinnatipas.com, which the Court was made aware of and reviewed prior to the recusal of Judge Panioto, and therefore, the Court hereby recuses itself from any further action in this matter, and the case shall be reassigned to a visiting judge."
Susan Laker Tolbert, Judge
April 23, 2004
Judge Tolbert uses PAS just like Judge Panioto, which makes her disgustingly misguided. But at least her reasons for recusal were straight forward. Not quite like the bullshitter Pansioto.
"a schoolboy tricking the substitute teacher"
July 8, 2004
Dear Judge Shattuck:
"On July 7 I received the attached letter from Mr. Mastruserio with a copy of an order which he sent to you on June 30, with a request that you sign the order and return it to him. I believe that Mr. Mastruserio's handling of this reflects a grave lack of candor with the Court, and a troubling delay in providing copies to his opposing counsel in an attempt to manipulate the signing of the order. First, Mr. Mastruserio never disclosed to you that on December 30, 2003, he filed a motion in limine seeking to restrict the scope of the trial to events occurring after September, 2000 [Ex. A]. On February 10, 2004, I filed the attached opposition to the motion [Ex. B]. On February 10, 2004, after hearing Mr. Mastruserio's motion, Judge Panioto, who had been on the case since its inception, issued an order denying Mr. Mastruserio's motion, and ruling that Ms. (redacted) could present evidence concerning events from 1997 on [Ex. C]. Judge Panioto was aware that there had never been a full hearing on the custody issues before, and that the best interests of the children could not be properly determined unless he heard all of the evidence, as per Kelm v. Kelm , 92 Ohio St.3d 223, 749 N.E.2d 299 (2001). Thus, this would now seem to be the law of the case. I would request, therefore, that you decline to sign the order, or vacate it if already signed.
Returning to Mr. Mastruserio's handling of this issue, it is important to note the following. His cover letter to you [Ex.D] dated June 30 indicates copies to me and Mr. Martin, my co-counsel. Instead of simply faxing or mailing a copy of that letter and the order to us on June 30, Mr. Mastruserio writes another cover letter to us dated July 1, 2004, saying he is sending the June 30 items [Ex. E]. However, that envelope is postmarked July 2 [Ex. F], which would ensure that with the holiday weekend it would not be received by us before July 6 at the earliest.
In conclusion, this reminds me of a schoolboy tricking the substitute teacher. I am faxing a copy of this immediately to Mr. Mastruserio. Thank you for your attention to this matter."
Very truly yours,
Richard Ducote
Ah, but Richard, Judge Shattuck wanted to be lied to. He needed the cover.
"It was all lie, lie, lie."
The Childrens Godfather/Maternal Uncle
February 17, 2004 "I told her that Dr. Thibodeaux had entered a false motion to the court here stating that his income was $80,000, when it was nearly double that. And she had indicated that he was using the same $80,000 figure in Louisiana, and she'd said that he was getting away with it in Louisiana. I informed her that he was not in Ohio."Dominic Mastruserio "So the purpose of your call was to encourage her to try and seek more child support?"
The Childrens Godfather/Maternal Uncle "Oh, no. That wasn't the purpose of my call. We were speaking about a number of issues. But I informed her that she -- that Dr. Thibodeaux had admitted in Ohio that he earned twice, after denying under oath many, many times, that he earned more than $80,000. 80, 80, 80; that's all you heard. It was all lie, lie, lie."
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"This matter is before the Court upon the Defendant’s motion to modify the parties’ Shared Parenting Plan, filed on April 20, 2004. Plaintiff orally moved to terminate the Shared Plan during the hearing held on October 18, 2004. Both parties attended the hearing and were represented by counsel: Dominic Mastruserio represented the Plaintiff and Richard Ducote and Richard Martin appeared on behalf of the Defendant. From the evidence and testimony presented in court, it is in the children’s best interest to designate the Plaintiff as the residential parent and to TERMINATE the Shared Parenting Plan entered into on September 25, 2000. The Plaintiff is most likely to facilitate visitation; the Plaintiff can provide stability and home the children need for their personal and social growth. Further the court is concerned over the oldest child’s emotional distress at being continuously involved in his parent’s inability to resolve their conflicts. The ongoing conflict makes Shared Parenting impossible to succeed. It is also in their best interest to begin to moving toward normal development. The court finds that any harm that may result from the termination of the Shared Parenting Plan is outweighed by the advantages the children will gain. For a Shared Parenting plan to succeed and be in the best interest of the children, the parents must be able to cooperate and make joint decisions. No evidence was presented to prove the parties are or have ever been able to achieve that level of cooperation. Neither parent has shown the ability to encourage a loving relationship between the children and the other parent. Finally, the court must consider the geographic distance the Defendant’s profession puts between her and the children while she works. There were no recommendations from a GAL or a psychological evaluation. The children are integrated into the Plaintiff’s home and have the opportunity to continually interact with their siblings. The Plaintiff is the parent more likely to facilitate parenting time; the Defendant continues to assert the Plaintiff sexually abuses the children even though the abuse is unsubstantiated. The children are adjusted to their school and community. After considering the factors listed in R.C. 3109.04 (F) (1) & (2) the Court determines the Plaintiff is the parent to be designated the residential parent. It is also in the children’s best interest to AWARD the Plaintiff the children’s federal and state exemption. The current child support will remain undisturbed until further order of the Court. Pursuant to R.C.3109.051 (A) the Court finds it is in the best interest of the children to AWARD the Defendant parenting time. The Defendant is AWARDED frequent and continuing contact with the children and no less parenting than listed in the following specific schedule: Midweek Parenting Time: Wednesday each week for 3 hours. … |
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"I know no safe depository of the ultimate powers of society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion." |