In recent weeks, A Voice for Men has published a number of articles by
Suzanne McCarley,
Dr. Tara J. Palmatier Psy.D and
Mr. Paul Elam
regarding the debacle of the Francis “Coyote” Shivers case who was
recently convicted of violating a restraining order obtained or procured
on behalf of his ex-wife, Ms. Pauley Perrette, an actress on the CBS
television show, “NCIS.”
In each of the articles, these authors painstakingly went through a
plethora of information that included a number of court documents as
well as interviews of persons intimately familiar with the facts of this
case and its participants. I too reviewed many of these documents as
well as personally attending one of the court hearings to see firsthand
what was going on in the courtroom.
It is explicitly clear that we have a scenario involving a very
disturbed woman with intimate knowledge of the intricacies of the
restraining order process, and who has manipulated and exploited that
process in order to exact a catastrophic and unrelenting level of
revenge on her ex-husband. It is also quite disturbing that our criminal
justice system has either facilitated or allowed this to happen, or has
also been manipulated in similar fashion.
The articles published at AVFM have generated a number comments,
emails and phone calls that essentially have gone “viral.” There appears
to be other entities that have either facilitated or contributed
information in some form that makes one wonder what type and level of
assistance Ms. Perrette has received in her quest for revenge. Some have
suggested that certain segments of the criminal justice system have
been willing participants in this debacle, and some of the facts
uncovered thus far seem to support that.
There have been some serious questions as to the actions of the Los
Angeles City Attorney’s Office, specifically the actions of Deputy City
Attorney Elizabeth Biderman Gertz, State Bar # 93523. Information is
still being developed, however it appears that Ms. Gertz’s conduct and
attitude, some describe as an “angry misandrist” is complicit, with her
relentless pursuit of Mr. Shivers, and, for lack of a better word, her
“chummy relationship” with the Perrette camp.
What is also clear is that there is a developing trail of court
documents, police reports, and electronic forensic evidence that is not
subject to manipulation or alteration. As this develops that unbiased,
untainted, and recoverable electronic evidence will continue to unveil
the facts.
A number of comments mention the unusual connection between the
LAPD Threat Management Unit,
and a prominent “Hollywood” entertainment law firm. A number of
comments mentioned the words, “collusion” and “corruption.” Whether or
not this is the case has yet to be determined, but it would truly be
disturbing if law enforcement officers have turned into the enforcement
arm of a Hollywood law firm to satisfy the desires of a disturbed
celebrity with a boatload of cash.
We have seen similar scenarios in other forms of government such as what was exposed by the advocacy group, CREW,
Citizens for Responsibility and Ethics in Washington,
detailing the trail of former high ranking Homeland Security officials
who mysteriously slid right into high paying jobs with defense
contractors and defense lobbying firms after their government service
retirements. These types of scenarios are quite common, evidenced by the
daily news.
The information developed thus far clearly indicates that the Pauley
Perrette case is an exceptional, but not uncommon example of the
manipulation of the restraining order process, one in which a number of
violations of First Amendment, federal and state criminal law and
federal civil rights violations have been committed.
I am not speaking of the ones Mr. Shivers has been accused and convicted of.
By all accounts, Mr. Shivers was found guilty of violating a
temporary, not permanent, restraining order, by employing a cell phone
camera, a condition that may have been placed
after the alleged
violation. The question that readers must ask is why, would Mr. Shivers
be denied the opportunity or the full legal right to employ any type of
recording device, either audio or video in a public place?
It seems to me that the only reason for such a condition contained in
Mr. Shiver’s temporary restraining order was to prevent him from
documenting years of unfounded allegations of harassment and stalking.
What attorney, law enforcement professional, or judge facilitated this,
allowed this to happen, or entered or signed any order that included
this condition?
Why would entities of the criminal justice system prohibit anyone, in
a public place, who is not committing a crime, to jail, try, and
convict a person, who instinctively employs a cell phone camera to
record a possible imminent physical attack, which it did, but also to
record the incident to once again prevent another in a miles long trail
of false allegations?
Think of the logic of that.
To be clear, Mr. Shivers was convicted of violating a temporary
restraining order (turning on his cell phone camera) before he was given
due process in a court of law to offer a defense on the legality of the
original order on whether it was valid in the first place. Essentially,
he was convicted of a crime based on an unproven, unsubstantiated
allegation, before he had an opportunity in a court of law to dispute
that allegation.
The sheer lunacy of this case makes my jaw drop, and I continue to
shake my head in wondrous and glorious amazement at just how desperate
and manipulative this whole circus has become, and the time and expense
that the City and County of Los Angeles has invested in it.
With a large portion of Los Angeles resembling a third world country;
tens of thousands of armed gang members running amok, human trafficking
so bad that the U.N. is getting involved, a crumbling infrastructure,
garbage and graffiti strewn on unrepaired. pot hole ridden streets, we
have the criminal justice system relentlessly pursuing Mr. Francis
Shivers and his dangerous cell phone camera and his stupid comments on
social media.
Wow, let’s call Sheriff Joe and America’s Most Wanted.
AVFM will continue to obtain various documents including public
record court documents, but it will be interesting to see, once this
article is published, if suddenly a court order appears to seal these
records. What the readers must ask is: who and why would anyone,
especially if this case has been handled properly, attempt to seal the
records of this case?
If that does occur, then that action should speak for itself — some
person or persons have something to hide. On a positive note, some of
the documents from this case have already been obtained, so any attempt
to conceal information at this point would be futile.
What is also interesting is that Mr. Shivers was also convicted of
violating his probation for his use of social media in commenting about
his ex-wife. The concern of the court was that some third party could be
compelled to take some action that might be harmful to Ms. Perrette.
What is odd is that there has been no mention, investigation or efforts
by judicial system personnel to investigate, curb or prosecute any
person for the use of social media by his ex-wife as a forum for
derogatory and threatening comments towards her ex-husband, some which
have resulted in death threats.
Does anyone see a problem with this?
There have also been a number of comments, many of which are readily
available on the Internet, that the jury that convicted Mr. Shivers was
“Star Struck” by the celebrity status of Ms. Perrette. Some disagree as I
do. I believe that the criminal justice system itself has been “Star
Struck” by the celebrity status of Ms. Perrette.
This case is so egregious and blatant that “A Voice for Men, along
with the National Coalition for Men are sending a letter to the Los
Angeles County Criminal Grand Jury asking that a panel be convened for a
formal investigation. The letter will be posted to this website and
available for download within 24 hours.
Even considering the hundreds of years of experience of the AVFM
contributors, professionals, and staff it remains truly remarkable that
such a blatant manipulation and exploitation of the restraining order
system could occur.
However, it is also quite clear that these same types of scenarios
occur daily in our family, civil and criminal courts. Virtually none
however, have garnered the same type of media attention that this one
has.
The Pauley Perrette case is just one in a system of family law run amok.
This case is just one of so many others that occur on a daily basis
in our family and criminal courts, and it is hoped that it will be
accepted by the L.A. County Criminal Grand Jury, to convene a panel and
initiate an inquiry which will hopefully lead to a full investigation.
If the Grand Jury does their job it will be in the interest of public
safety, not just in the case of Shivers and Perrette, but in the bigger
picture of just how out of control the restraining order process has
been twisted, convoluted, and turned in to a “cluster-f*ck.”
What is also disturbing is how many men, women and children who are
actual domestic violence and stalking victims, have been ignored, or did
not have the services and resources available to them because of the
pursuit of Francis Shivers and his deadly .44 caliber cell phone camera
and his big mouth.
I sometimes wonder whether or not I am writing a comedy script or
reporting on yet another in a long list of injustices, governmental
incompetence and indifference, and the army of folks in L.A. who will do
anything and everything to get their 15 minutes of TV time. Let’s give
those folks their 15 minutes, or maybe a little longer, while under oath
in front of a Grand Jury investigative panel, and let’s make it simple;
you lie, you go to jail, simple huh?
False restraining order terrorism: a plague on American justice
We have all heard the term, “false restraining order.” I have used
that term as well. Due to the astronomical levels of exploitation and
manipulation of the restraining order system, I believe that the better
term would be:
“PERJURED AND FRAUDULENT RESTRAINING ORDER OBTAINED BY CRIMINAL MEANS” resulting in “RESTRAINING ORDER TERRORISM.”
We are long overdue in addressing these scenarios; when the facts
constitute, as violations of criminal law, First Amendment and Civil
Rights violations rather than merely arguing a he said – she said
scenario in our family, civil, and criminal courts. We must
demand
that false accusers are held accountable, and that other professionals
or any other persons who facilitate, encourage, commit any act, or
provide any information in any form, that results in the issuance of a
fraudulent and perjured temporary or permanent restraining order be held
both civilly and criminal responsible. This MUST apply to lawyers,
judges, law enforcement officers, child protection workers
and prosecutors.
If
there were not such incontrovertible evidence of systemic abuses, these
drastic measures would not be necessary. Sadly, the criminal justice
system has fallen to the depths of being “Star Struck.” The system has
lost its impartiality and ethical foundation. Justice is supposed to be
blind, but we have seen in “Hollywood” that justice sometimes depends on
your net worth and celebrity status.
Mr. Shivers is scheduled to be sentenced on April 24th in Los Angeles
Superior Court, Airport Branch in the court of Judge Kathryn Solorzano.
What should occur is for Judge Solorzano to delay any sentencing and
make a formal request on the record for the Los Angeles County Criminal
Grand Jury to convene a panel to investigate not only this case, but the
entire system and procedure of the restraining order process.
When we have failures in the system, and when individuals who are in
decision making positions fail to exercise common sense, good judgment,
ethics and integrity, they must be held accountable, just as we would
hold accountable a plumber who fails to properly repair a leaky faucet,
or a dentist who causes an injury due to incompetence, or an insurance
company that fails to cover a paid auto policy. There should be no
difference, but the severity here is magnified by the fact that the
entire life of a man or woman can be so greatly and negatively affected
by the exploitation of this powerful and unaccountable procedure.
I would ask that readers of A Voice for Men who have intimate
knowledge of this case or who have been affected in similar ways write
to those entities mentioned in the letter to the L.A. County Criminal
Grand Jury and voice their concerns. Letters should be cordial and
professional.
It is suggested that any individual who has had similar experiences;
when faced with a false restraining order, to prepare a written sworn
declaration and submit the declaration to the presiding court in which
your case is assigned and include the facts of your case.
You can download forms at
http://www.courts.ca.gov/documents/mc030.pdf,
the California Court Forms website, use Form MC-030 and MC-031. You do
not need an attorney to do this, and your declaration can also be used
and sent to any one of the agencies listed. You have the right to free
speech; use it.
We have already reached the threshold of “RESTRAINING ORDER
TERRORISM” and those who have been victimized are in fact crime victims
and should be afforded the same rights as any other crime victim, as
dictated by Proposition 9, the California Victims Bill of Rights Act of
2008, otherwise known as “Marsy’s Law”
http://oag.ca.gov/victimservices/marsys_law.
For additional information regarding the agencies listed and their complaint procedures, please refer to their websites;
California State Bar
http://www.calbar.ca.gov/Attorneys/LawyerRegulation/FilingaComplaint.aspx
California Commission on Judicial Performance
http://cjp.ca.gov/file_a_complaint.htm
LAPD Office of Inspector General
http://www.lapdonline.org/police_commission/content_basic_view/1076
This watchdog group should be contacted in lieu of the Internal
Affairs Unit as the reality of internal affairs units is that in a great
many instances their primary concern is not with the determination of
the truth, but rather the reduction to exposure from civil liability.
In smaller agencies, any law enforcement complaint should be directed
to the U.S. Department of Justice, Office for Civil Rights, as history
has dictated that individual agencies simply cannot be trusted with
policing their own, and that an impartial and fair investigation is
virtually non-existent.
Additionally; provisions of the California Government Code give
immunity to public officers for their acts, even if those acts are
illegal, and the Peace Officer Procedural Bill of Rights makes it
virtually impossible for the discovery of the results of any internal
investigation. It is recommended that if you are the victim of a false
restraining order and it involves a law enforcement agency with a
correlating family law or criminal case, that you make the complaint in
the form of a public court declaration and file it with the court as
well as the agency if it so applies. This way, your complaint is a
matter of public record, and can be used in other cases involving the
same agency or officers.
United States Department of Justice, Office for Civil Rights
http://www.justice.gov/crt/
United States Department of Justice, Office of Inspector General
http://www.justice.gov/oig/
California Commission on Peace Officer Standards and Training
http://post.ca.gov/
Information can be obtained on domestic violence law enforcement training in the State of California.
U.S. Department of Justice, Office for Civil Rights, Office of Justice Programs
http://www.ojp.usdoj.gov/about/offices/ocr.htm
This office should be contacted when there is discrimination, First
Amendment, or a criminal or civil rights violation involving any agency
who operates any domestic violence or sexual assault program who has
received federal grant assistance under the Violence Against Women Act.
As an example; if your rights have been violated by a fraudulent and
perjured restraining order and a particular agency is complicit, then
you can file a complaint and request an audit of their federal grant
status.
California State Auditor, Bureau of State Audits
http://www.bsa.ca.gov/stimulus/report_fraud
This agency is to be contacted if there has been fraud or
discrimination in any domestic violence or sexual assault program that
is the recipient of state or federal grant funds that includes private
organizations; example, if a private domestic violence shelter receives
state or federal funding, and they exclude an individual based on
gender, they are in violation of the provisions of their grant, and an
audit can be requested.
California Victim Compensation and Government Claims Board
http://www.vcgcb.ca.gov/
This agency should be contacted when you are the victim of a crime to
learn the requirements for victim compensation under the California
Victim Compensation Program, (CalVCP). Additionally, your local office
of the District Attorney should also be contacted to learn additional
information on victim compensation. Each state has a version of these
agencies and would have to be checked on a state by state basis.
CONCLUSION
It is universally agreed and it is the opinion of this author that
the current restraining order system in the State of California as well
as in all parts of the country are in a total state of chaos: the
exploitation and manipulation of the system is the norm rather than the
exception. This abuse hurts true victims of domestic violence and denies
them the services that are truly needed. The devastation and trauma to
our children caused by this is ongoing and unaddressed.
The case of Francis “Coyote” Shivers and Pauley Perrette is just one
of thousands that happen in courtrooms across this country every day.
This case is such an outlandish and egregious example of how this system
is abused that it must be used as an example in order to give some hope
to the tens of thousands who have been forever adversely affected.
Thousands of children every year are separated from a parent because of
malicious, vindictive campaigns and a system that encourages them to
happen.
It is the opinion of this author that this egregious injustice is
well beyond the point of any sense of civility and logic. Affected
individuals should and must file the appropriate complaints as crime
victims to insure the protection of their civil and constitutional
rights and due process guarantees.
The abuse of the civil restraining order process is a crime. When
information provided to authorities is false or when any person offers
perjured testimony while under oath, either in person or in writing, it
is the responsibility of the criminal justice system to prosecute them.
This applies to any person who conspires with any other person when one
of these orders is obtained.
The time has come for the thousands of those falsely accused to speak
up, file the appropriate complaints and to make those complaints
public. The case of Mr. Shivers and Ms. Perrette has received an
enormous amount of media attention and is an outrageous example of the
abuses of the system. Those in positions of decision making and
responsibility must be pressured to perform their duties free of
influence from any special interest group.
Those decision makers are bound by an oath to carry out their duties
in a fair and unbiased manner, employing the highest standards of ethics
and integrity, and to maintain the public trust in those institutions.
It is time for the foundational mindset of the myth of man – bad / woman
– victim to be broken and that the entire paradigm, training program,
policies, procedure and regime changed to reflect the reality of
everyday occurrences in our family, civil and criminal courts.
The definitions of what constitutes domestic violence need to be brought back into the realm of logic and common sense.
Here’s a hint folks, turning on a cell phone camera and making dumb
comments is not an act of violence. To the mainstream and entertainment
media, pull your head out of Pauley Perrette’s ass and try accurate
reporting for a change. To the members of the judiciary and the law
enforcement community, just try doing your jobs, for the people, all of
them, not just the celebrities that have you on a leash.
Tags:
Judge Kathryn Solorzano,
pauley perette
http://www.avoiceformen.com/feminism/government-tyranny/restraining-order-terrorism-we-have-arrived/
