"A902"
THE
BACKWARDS ABUSE PREVENTION LAW SITE
MASSACHUSETT'S WITCH
TRIALS 
BAN
STATE AND
JUDICIAL
PURITANICAL PRACTICES
INTRODUCTION
In recent times we have seen Harry Stewart put into jail for helping his
son. How did his EX learn of Harry helping his five year old son through
the heavy building door so he could get to his mother's apartment and the
bathroom? The answer is obvious and someday, Harry's poor son will
realize how his mother misused him to put his father in jail. This young
boy will have a guilt trip for the rest of his life. Unfortunately there
are many young children who fall into this category and unwittingly allow vindictive
EX's to harm their father.
My approach will be straight forward. I
am writing my philosophy, my legal notes, various useful legal cases, and some
complaints and motions relating to getting to where I want to go. The legal
journey is a long slow journey which can be used to your advantage. For
the most part you can use this observation in your favor. Slow gives you time
to figure out what is happening and what you need to do. Not being trained as a
lawyer, I use other approaches and thought processes to the law based on the
theories of mathematics, holistic systems analysis, and chess. That is
how I approach the legal process but it is not necessary to understand these
techniques to understand what I am doing. It only means the
"why" will not be obvious all the time.
Does my approach work? Sometimes yes and sometimes no. I will
share both successes and failures so people involved in the MGL 209A process
can learn from my mistakes. The phrase " Trial and Error" has
real meaning here. Go to trials and makes errors. But learn and make less
the next go round. The more you go round, the less errors you make
each time. This is the corrective feedback systems
process. I have even gotten rid of one troublesome judge, and
have succeeded on a number of motions.
RIGHT TO
BE WITH AND TO RAISE YOUR CHILDREN
Every parent has a constitutional right to be with his
children and to raise his children with minimal state interference.
When there is a danger to the child, this right may be lost.
This right has been established in many cases and many
courts.
Unfortunately Massachusetts has seen fit to interfere even with knowing how
your children are doing in school. For some reason, the liberals (A.K.A. Cheryl
Jacques, dyke legislator) seem to think a child's report card is a dangerous
item, a tool of destruction, and an instrument to be reckoned with in the
hands of a subject of a 209A order. As a result I have appealed the
so-called "Report Card Law" (M71, Sec 34H) to
receive my children's report cards. I had received them for years
before this law was passed and had never figured out how to turn them an
instrument of great destruction. But after the EX denied my request in court, I
turned it into an instrument of financial destruction. The
Saga of the $15,000 Report Card tells more of this
successful Pro Se story. The Report Card has appeared!
MASSACHUSETTS
GENERAL LAW 209A
This is the most incredible law I have ever come across. Without a doubt it is an extension of the Salem witch mentality for which Massachusetts is so famous. When one is accused under this law, one is guilty until proven innocent. "One" is most likely a male as judges do not generally believe in female practitioners of the abuse craft. When a male is accused, he will have an extremely difficult time proving he is not a worthy individual of this often specious claim. It is all in the mind of the accuser and therefore most difficult to disprove. The facts are irrelevant and only get in the way.
When I was accused, I decided to just lie low, behave
myself, and wait out the 90 day restraining order. I did just that and
walked into court at review time, certain it would be dropped. Imagine my
surprise, when this good behavior got me another extension, and then at
the end of that, another extension, and then, another extension. In fact
five years of extensions. Yes, the witch in my life, Linda S. Wright Bowyer
formerly of EMC Corporation , would like my hide on her lamp
shade.
LIST OF TOPICS
After a couple renewals, I began to fight back since being well mannered
was not impressing the judge. But only in the proper legal manner
which is the way modern people must defend themselves. I studied the law
during those empty evenings when I was supposed to be having visitations with
my boys. I read the Massachusetts Rules of Court and
started filing my complaints, motions, and appeals.
The
Massachusetts Rules of Court (about $25) is overwhelming at
first glance, but you do not need to know much of what is in there. But
you must know some of it. But not all at once. That is the key. For the most part you can read a
rule or two each week and do well in court. This means read one
page of small print and then do what it says. Anyone who can read and
follow instructions should be able to handle this. If not, get a
friend to help you understand what the rule wants you to do.
This
is called being Pro Se, is perfectly legal, and is less expensive than
having a lawyer. But having a lawyer is better, right?
Wrong. It makes NO difference. If your lawyer helped, you
would not have the order against you, would you? Ask you lawyer for his opinion
of these statements. And request them in writing. Once you understand that nothing you do
makes any difference once you are accused, you can get on with the
program. Only if the
witch decides to release you from her spell, will you be free. The witch
in my life, Linda S. Wright Bowyer formerly of
EMC Corporation,
is clearly using this to retain control of the children, using mind control,
and brainwashing, to keep them away from their father, i.e.
parental alienation syndrome. The result of her efforts has been to trash them
in the process. How can this be?
The
emotional damages to children in a fatherless home are
known. The resulting behaviors of children in acting out their
dissatisfaction with the situation are normally very bad. See FACTS Page1 and FACTS Page2
. But do not just read the statistics, look at what the witch
has done to our children. In the single parent care of their
mother, these boys have had numerous problems and acting out
behaviors. Five years of deprivation of a father has resulted in
problems which include public drunkenness, 3 or 4 car crashes,
drug usage, arrests, stealing,
suspensions from school for various offenses, expulsion
from school for drug and alcohol usage. These are not one time incidents
but ongoing and repetitive. Although they are supposed to be acting in
the "best interest of the children", the Massachusetts Court
System is very apathetic about it all. They do not care if my children exhibit
these behaviors, sell drugs out of the house or go to jail as long as the witch in my life, Linda S. Wright Bowyer formerly of
EMC Corporation, is
directing the situation.
Everytime my children have problems, I bring it to the
Court's attention by a motion of some nature. Thus we know the JUDGES KNOW what
is happening to my children. The Probate Court Judges Moynihan, Lian, and
Rottman clearly do not care about the well being of my
children although they would profess otherwise if asked. It's an outrage.
LIST OF TOPICS
STRATEGIES
FOR SUCCESS in BEATING LAWYERS
Lawyers
are not gods in the court room. They make mistakes often. And they will try to
use your lack of knowledge in court procedures to intimidate you. But you as a
Pro Se have numerous advantages which give a you a good chance of winning in
court.
LAWYER LYING, TIGHT SCHEDULES, the CHINESE FIRE DRILL,
AND ARROGANCE are some of the strategies to use.
After the hearing the judge will issue a restraining order with a number of
checked off provisions concerning what the order restrains. My advice to
you is to obey it. Getting upset and mouthing off to the EX
or grilfriend will just cause you more trouble. Regardless of your
innocence for the 209A hearing, you now are under the control of a court
order. Disobeying it is a real slap in the face to the judge, and he will
be very unhappy about it. Judges are on a power trip for the most part
and your disobedience really rains on their parade. Disobeying it is like
peeing on the judge's leg. Most appeal cases are for disobedience
of the orders, and for the most part, the Defendant loses.
Don't get mad, fight for your rights. Do it legally. Vent your spleen
constructively. Since you can probably no longer see your children,
use that visitation time working for father's groups and use it studying the law.
Some like the Coalition for
Preservation of Fatherhood (CPF) and Liberty Bell Union http://www.liberty-bell-union.org/
give courses on being Pro Se. Learn to be a Pro Se and make life miserable for
the witch in your life. This will keep you out of trouble and you
may even have a few successes.
But practicing law for a Pro Se is like fishing. You are going to cast your
line out a lot of times before you have a success. Even if you lose the
motion, you win a guerilla battle in that the enemy loses the cost of her EX's attorney if she
has one. All of these motions can be expensive. The judge may start ordering you to pay to
the attorney fees of the opponent. Always appeal these court assigned costs.
My appealing of my first charge of $1500 took over five (5) years.
You may pay eventually. However it may be later, much later. In addition,
you are being legally civil disobedient, backing up the system by exercising
your constitutional rights to due process.
LIST OF TOPICS
ISSUING OF
A PERMANENT ORDER
It is possible to have the Probate Court issue a permanent restraining order
according to M209A. I am not aware of this being done for the first RO written.
After a number of orders have been issued, the court may consider a request for
a permanent order. I do not have much information on this. But I will be learning
as the Witch in my life, LINDA S. WRIGHT BOWYER FORMERLY OF EMC
CORPORATION, has requested and gotten the judge to issue one against me on
October 28, 2000. After
FIVE years of behaving myself, never violating the RO, never threatening
the Ex or the kids, the courts have rewarded my good behavior with a PERMANENT
RO.
I am not accepting this PERMANENT
RO like a sheeple and have issued a number of motions to fight for my rights.
And the opposition has filed the
following memorandum:
Plaintiff’s Memorandum in
Opposition to Rule 59 Motion (to be scanned)
However the pigs will start flying
soon. I have a new plan to attack the RO which may be successful. It seems that the
witch's desire to disarm me and prevent me from enjoying my sporting activities
is going to cost her dearly. These activities will inspire new petitioning
activities which may lead to the
demise of this RO for any out-of - stater.
Nonetheless we are fortunate to have a variation of
these motions to vacate a Permanent restraining order. The author Peter has
successfully argued and used them to have his order vacated. Peter's motion also
used a few citations not in my motion.
The
police will be pounding on your door to confiscate your guns and take them to
the police station in a few hours after the issuance of an order. If you
have a friend with a gun license, have him remove them before the cops show up.
(Don't dare touch them outside of the house). Even better is to take them out
of state, and do it before there is even a hearing. Once your
guns are at the police station, you will never
see them again.
If they were fine shotguns, rifles, and the like you may lose the thousands of
dollars you have spent on them. My artillery has been tied up for 5 years
- remember Hitler's first action was to disarm the people. The femi-nazi is
just doing what comes naturally. After one year the cops can get rid of your
property by law. That's right, they can give those guns away to a dealer
and the proceeds go into the state treasury.
If the order and the EX took your guns (and they always do), you can next
ask for a hearing to get them back. If you require a gun for your work, you may
be able to get it back and have this made an exception on the order. This
motion is not likely to succeed but you can try. So your next action can be a motion
to file for retrieval of your guns (or at least a gun for
work). In the worse case, you just spent another three hours of
billable time for her attorney($450), and she might have lost a few hours
of work. Tough!
APPEALING TAKES 5 MINUTES
Now that you are the less than
proud owner of a restraining order, you take legal
action. Immediately print the form
to appeal, fill it out, and file it with the registrar/clerk at the
courthouse. Or ask the courthouse staff who have similar appeals forms
you can fill out. It is a legal requirement that you must also mail a copy to
the opposition attorney or your EX if there is no attorney. Everything that the
court gets, the opposition must also receive. DO not be sneaky and not mail it
to the opposition - it is a legal requirement and must be be done
properly. Now you are a Pro Se (your own attorney and it was
free). What did you just do? Within the required 30 day period, you
have now preserved your right to appeal. You have bought yourself some
thinking time. If you decide not to appeal, nothing is lost.
If you really wish to pursue the appeal,
you need to order a tape of the hearing and get it transcribed. Rule 8 of
Appellate Procedure describes this. Order it at the courthouse from the
Registrar's office. Recent changes have required tape requests for
hearings more than one year old must be approved with a motion to the judge. MAKE THE REQUEST SOON AFTER
THE HEARING to avoid the bureaucrat's roadblock.
If you do not have much money, it may be possible to get the court to
pay for the tape and the cost of transcription. This is called indigency or filing in forma pauperis (IFP). You will have to file a
motion in most courts and have the judge approve it. He will require a
financial form listing your debts, expenses, bank accounts, and salary. The
court has a pink financial form (CJ-D 301) to fill out. (This is
sealed/impounded and not public). If you do not fill one out, the judge
will dismiss your motion. They like to dismiss as they do not like to
support appeals. Make it harder and fill out the form! If the judge
denies your motion, you can still file IFP for other filings at the
Appeals Court. Again you must notify the opposition of your tape order.
LIST OF TOPICS
STAYING THE ORDER
While you wait four weeks or so for
the tape to arrive, you can begin the next action. Again this is a small
action, but it gets you into the groove of doing your own legal work. A
STAY is a stopping or suspending of legal procedure or order for a
temporary period. The process for getting a stay starts with the lower
court (Family or District) and moves up to the Appeals Court. This
process is decribed in Appellate Rule 6. A Motion to Stay covers this process in more
detail and provides an example.
After you get the tape and
have it transcribed by a court reporter, you must give a copy to the
court. The court may have a list of court transcribers if you need
one. Also there may be lists in the library and the yellow pages.
If you want to be nice, you can also give a copy to the opposition.
If not, Appellant Rule 8.3.iii. says they can pay for their copy if they wish
one earlier. Nonetheless, they will get a copy with your appeal appendix
eventually, and you or the court will pay for this. Again notify the
opposition that you have filed the transcript.
At this point you will write the court registrar and ask them to
assemble the record and send it to the Appeals Court. When you receive
notification this has been done, you must act timely.
Within 10 days, you must docket the Appeal (Appeal Rule
10). This means pay the entry fee to file the appeal. Fill out the docket entry form, and
send it to the appeals court. You can save the fee (about $150) by
filing the affidavit of indigency
form. (MGL 261 section 27 code covers the indigency laws.)
Recently the Appeals clerks and court request an IRS tax
form to support your indigency form although this practice does not appear in the MGL 261 law. Otherwise
send in the money for the docket fee. You will get a postcard with a case
number back. Save it.
Pursuing the appeal and getting it on the docket can
be a costly process for the opposition. Often it can take take five or more
communications and motions with the Court to get it right. Each
communication will cost your Ex money even if you decide to pay the fee
out of your pocket in the end. My comunications list and motions are shown
on another page. Also each is an opportunity for an assertive lawyer to
file an opposition to your motion (more $$). If he does not file an opposition,
he is not representing his client well - so he must file one.
I have talked to the appeals court clerks a number of times
and visited them in the court house. They are very polite and very
professional. I find them to be much more helpful than the clerks at the
probate/family registrar office who work in a very hectic environment.
You can hear a pin drop in the appeals court office unlike the riot in the
probate office. If you are unsure about something, call them
at (617) 725-8106 and ask for Ms. Ahearn.
LIST OF TOPICS
Having gotten this far, you must now write an appeal. Do it
one step at a time as outlined by the Appeal Rule 16. Your brief must
follow a specific format specified in Rule 16. If you do not follow this
format, the clerk sends it back and tells you to clean it up within a set
number of days. The references used must be Massachusetts citations
in the form vvv MASS ppp or vvv MASS AP CT ppp (vvv is volume and ppp is
page number). Why? The clerks tell me these are what is in
the appeals court library. So do not reference Northeast 2d (NE
2d). A real appeal
drafted by attorneys is included in the references to illustrate what one
looks like. McLarnon v.
Douglas was decided recently.
What is note worthy is that the Appellant has filed counter charges of
also malicious prosecution, civil rights violations, and intentional infliction
of emotional distress, and appeals anti-Slapp dismissal (M231 S59H). This
gentleman is fighting back.
LIST OF TOPICS
REVIEWING
RELEVANT MGL 209A CASES
Although it is five years old, this article provides a good Update and Overview of Case Law Concerning 209A
.The authors are/were assistant District attorneys in the Suffolk County
office. These are the people who prosecute the violations of 209A's.
There are about 100 relevant MGL 209A cases
which have been heard in the Appeals or Supreme Judicial Court of
Massachusetts. The cases provided on this
site are a selected subset which make important points in defining what
this law is or is not. The cases here are mostly from the last five years as
more recent citations are more valuable in a legal motion.
CONTEMPT OF COURT
For the most part, these cases all suggest that if you are accused, you will
have a very difficult time of getting the order dismissed. This is
the Massachusett's witchcraft mentality. You are guilty until proven otherwise.
The judges dismissed very few orders and reversed very few appeals.
Violation of the order is also easy to do and hard to get dismissed. The Massachusetts judges and DA's are hysterical when it comes to this law - all emotion and little reasoning or logic. Being hysterical is politically correct. They do not want to be the judge who let the homocidal maniac loose so they prefer to err on the safe side -issue orders to all female applicants, and ignore the DUE PROCESS rights of the Defendant. Read some of the contempt cases and you will realize the extent of absurdity to which the judges execute this law. It is ludicrous in my personal opinion but these judges are extremely gunshy and have severe psychological problems. However a few cases do show some really stupid violations and it is clear why these idiots were up on contempt charges. Coming to court high on drugs or alcohol, or giving the judge the finger definitely is a No-No as some learned.
Violation is considered a felony. Why? Because they say so. Thus you have a civil motion hearing (not a trial, not an evidentiary hearing to face your accuser) to be found guilty of being a danger to someone, and thereby susceptible to becoming a criminal, and stigmatized as such.
Be wary of Exs stalking, trying to violate you. Be wary of driving the same roads the EX uses. Be wary of waving your hands in the air, or honking your horn. Be wary of sending your child a birthday card. These have been considered violations. If the Ex wants to talk to you, DON’T talk. You will be violating the order even if she wants to talk.
RECUSAL A.K.A. THROW THE BUM OUT
A Motion for Recusal is request to
the judge that he excuse himself from hearing the case. This
would be a request due to the Plaintiff believing that the judge is biased and
prejudiced against him. The motion presented here was allowed by
the judge and another judge was assigned. Having appeared once in
front of Judge A. Rottman and having heard of her reputation, she was
mentioned in an effort to avoid being reassigned to her.
Figure out who to avoid or at least which judges may be unfair towards
your case by sitting their court rooms, and asking others what they know.
The motion
"rightly urges with emphasis the high importance of constant observance of
the principle embodied in art. 29 of our Declaration of Rights that judges
ought to be as `free, impartial, and independent as the lot of humanity will
admit.' A rigid adherence to that principle is essential to the maintenance of
free institutions. " Consequently I cited occasions when
the judge was biased and unfair. I cited occasions when he reached unreasonable
conclusions based on the facts. By writing a motion rather than making a
verbal request, you have something to appeal if the judge does not bow
out. Also remember you are insulting the judge's integrity and you may be
stuck with him if you fail. This naturally becomes one of the valid
reasons mentioned in your motion - merely filing the motion causes biased
feelings against you.
"Ordinarily,
the question of disqualification is left to the discretion of the trial judge.
. . . When a judge is faced with a question as to his impartiality, he must
`consult first his own emotions and conscience. If he pass[es] the internal
test of freedom from disabling prejudice, he must next attempt an objective
appraisal of whether this [is] "a proceeding in which his impartiality
might reasonably be questioned."' Lena v. Commonwealth .
This topic is further
explored on a site by Robert
Hirschfield. I thank him for his successful assistance. It is
no accident that my motion bears a striking resemblance to his. However
it would have been better if I had used a Massachusetts reference rather than
an out of state reference. Now there are some Massachusetts references available to sift through and find some
good quotes.
LIST OF TOPICS
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When the law is
against you, argue the facts. When the facts are against you, argue the law.
When both are against you, attack the plaintiff. |
@2003 J.W. Wright III . All rights reserved.