The account below was recently submitted as a comment to BuncyBlawg.com, a site I’ve mentioned in several recent posts. Its administrator, Larry Smith, a former attorney, has been waging a one-man war on corruption excited by his relentless persecution through and by the legal system since 2011.
Aaron’s story is one of a spiteful ex-partner whose false allegations orbit popular themes: fear, emotional torment, stalking, and other (unprovable) crimes and misdemeanors that become more sensational and incriminating over time.
What makes Aaron’s story exceptional is that it has a reasonably happy ending, because the court saw through the lies.
In Aaron’s own words (lightly edited):
In my accuser’s affidavit, she repeatedly used “deathly afraid” and spoke of the medications she was on due to three years of stalking by me, vicious verbal abuse of herself and her family by me, and my stalking her where she works, shops, and lives. She claimed to have video surveillance of me following her into a grocery store. She even claimed to have a police report where I was “caught” sitting behind her home at 10 at night, etc.
She was granted an ex parte restraining order lasting two years.
Of course, none of it was true, none of her evidence existed, and the family that I had supposedly verbally abused didn’t even come to court. There was no police report, nor was there a surveillance video, because I didn’t have time to subpoena it; and had she brought the video, it would’ve shown her following me into the store she knew I was going to be at because I told her I was going to get groceries there at an exchange of our son. Had this video been brought to court, it would’ve conflicted with her affidavit.
On top of all of that, I brought in three copies of 40 pages that had every text message we had sent to each other for the previous two years in chronological conversation format. In these texts, two months prior she was inviting me into her home for “dessert” and asking to borrow money from me. Six months prior, she offered to loan or sell me her other car because I was having mechanical problems with my Jeep. These and other very common things. The texts also contained many instances of very immature ranting and attempts to create animosity and intensify disagreements into arguments, which I never fell for and always just said what needed to be said for our son’s sake. I never cursed or belittled her, though to someone like this the truth hurts.
After several hours, the judge shut the whole thing down, dismissed the order, and gave her a stern lecture. All this and no charge of perjury against her! One week later, she was granted an ex parte OFP on behalf of our then three-year-old son by a different judge in the same county! Same style of affidavit.
She said that I had been burning him intentionally and that I had kidnapped him.
He did have a burn about half the size of a pea on his finger, because he had touched a hot pot on the stove. I didn’t kidnap our son. She didn’t show up to pick him up! Since she was issued an OFP on behalf of our son, she was then afforded the services of a battered women’s and children’s center. She signed me up for psych evals and supervised visitation only with our son. Her instructions to law enforcement in her application were to arrest me for kidnapping and return her son to her.
Once again I proved the entire thing to be a lie. It was dismissed entirely. STILL NO CHARGES FILED AGAINST HER FOR PERJURY! Just stern words from a judge toward her and even a bit directed my way in that the two of us needed “to learn each other’s triggers and steer clear of conflict that needed to be sorted out by the courts”! I had to share custody with her for two more years and attempt to co-parent with her.
Our son is six now, and he lives with me and goes to her every other weekend. I had to use kindergarten as a guise to change our custody agreement. Although I am very thankful the courts named my home as our son’s primary residence, the court’s impotence to prosecute liars and the horrifying parenting that has to take place before they’ll change rights are despicable! I do think it is far worse to be a self-consumed person than to be a target of one, though. Karma is on our side.
This blog definitely gave me great insight into other people’s struggles outside of my own and opened my eyes to some of the types of people who abuse the system. I never could’ve imagined how easy and common it is until it happened.
Copyright © 2015 RestrainingOrderAbuse.com
Joel Bond Gunch
March 2, 2015
I’ve seen lots of these cases as a consultant. The plaintiffs are almost to the last one either mentally ill or afflicted with a personality disorder — borderline, narcissistic, munchhausen, histrionic, dissociative identity disorder, and so forth.
I knew something was badly abnormal with Martha Grist, when in the spring of 2011, I took her the heads of cardinals I found in our back yard. These were birds killed by her cats, and the cardinal is our state bird. She smirked. She laughed. She never showed the slightest sympathy for these dead redbirds, and it was in nesting season so in both cases the nestlings had probably starved to death. Both heads were the heads of female cardinals. They are not as red as the males.
Out of about ten cases where I consulted there was one in which I believed the defendant was probably up to something because he was evasive when I questioned him, and he was so full of anger I could not reason with him. When he confided in me,”I want to kill her,” I sent him packing. It was funny that a month later he called me to tell me the judge had ruled in his favor.
In every case in which I have consulted I have advised that the defendant hire a lawyer, psychologist, or other professionals in order to defend. I have never charged anyone so I always make it clear up front that my services are like the breath of the unfee’d lawyer in King Lear: “You gave me nothing for’t; therefore, ’tis nothing.” I believe the best advice I gave is for intense preparation and understanding that “You’d better take this thing seriously because you may damn well get railroaded.”
Obviously Aaron was prepared.
I have also advised the defendant to bring in as many witnesses and friends as (s)he can and make sure the testimony is taped, preferably by a licensed court reporter. * The defendant is required to admit to me in a taped call that they are not accepting my help as a lawyer, but only as a friend. In a few cases a lawyer called me asking for advice. Most lawyers don’t have a clue about where to begin. And as Prof. Aaron Caplan observes, most people in these situations don’t hire lawyers because they can’t afford them.
I have watched in the courtroom when these cases are called and most of the lawyers I see there are rookies and duds.
OK, I’ve rambled enough. For funsies google up the Morland-Jones v Taerk case from Toronto.
*I have a partial transcript of the testimony in the Ramsey v Harman case. Every time I see that thing I get my adrenaline up because the judge was such a crook.
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Moderator
March 3, 2015
FYI, Larry. Someone has queried (in recent months) “Cindie Harman” and (this past week) “Buncyblawg.com restraining order” and been led here. By all means share a link on the Harman post when you put the transcript up.
In support of your conclusion, I’ve heard from many people who said their lawyer ultimately sided with the plaintiff (or eagerly snatched up whatever sop the prosecutor tossed on the floor).
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