(NOTHING LIKE BARAK OBAMA'S FATHER, continued):

"All is NOT fair in Love & War" (Especially when the "Theatre of Operations" is the developing minds of young children!)

PLEASE NOTE:  Although I was a "STAY-AT-HOME DAD" and their "PRIMARY CAREGIVER" (until 1/25/99) I have not been allowed to SEE either of my sons from my first marriage,

EVAN C. SINCLAIR and ETHAN F. SINCLAIR, since SUNDAY, NOVEMBER 7TH, 1999 - And I have not been allowed to SPEAK TO either of them on the telephone since MONDAY, APRIL 24TH, 2000 - Furthermore, they have not been allowed to WRITE TO ME, and they have not been allowed to receive any mail FROM ME (which I have often sent via "Certified Mail").

  And a Child Protective Services Investigation Report prepared by Mattie Stevens and Ellen Sciolino (Dated: 7/6/2000) concludes:

"THERE IS CONCERN FOR THE CHILDREN'S EMOTIONAL STABILITY IN REGARDS TO THEM NOT SEEING THEIR FATHER." 

As I explained in my previous blog entry, I ACCEPT FULL RESPONSIBILITY FOR THE FAILURE OF MY 13+ YEAR MARRIAGE.

After I was placed on "Disability Leave" from my former place of employment, The Rochester Psychiatric Center (during which my "position" as a Pharmacy Technician was "Terminated"), I taught myself how to sew and started a homebased business.  Unfortunately, however, throughout the first 12 hours of each day (about 5:00am - 5:00pm) I was completely and most joyfully absorbed with my most cherished responsibilities as a "STAY-AT-HOME DAD" and the "PRIMARY CAREGIVER" for my two, young sons, Evan & Ethan.  Then, throughout the second 12 hours of each day (about 5:00pm - 5:00am) I was completely absorbed with my determination to start and build a successful homebased business (especially FOR my two, young sons - and their mother).  Thus, I neglected my ex-wife's emotional, physical, and spiritual needs for far too long, and understandably, she reached the breaking point. 

We had already drifted too far apart (and were both being comforted and receiving emotional support from someone else) when my ex-wife realized that she could become in position to inherit nearly $250,000 from an elderly aunt.  So, in about October of 1998 my ex-wife informed me of her intent to terminate our marriage.  Thus began our bitter custody dispute.

As I also explained in my previous blog entry, my ex-wife had experienced an enormous amount of loss in and throughout her life, beginning with the deaths of her oldest sister and each of her parents, in three consecutive years, all before she was ten years old;  Her very best friend through High School (who was also her first boyfriend) also passed-away;  Then, after we were married, our firstborn son, Joshua II, passed-away two days after he was born due to complications during the labor.

Hence, when my ex-wife decided to divorce me, she evidently felt that not having physical custody of Evan & Ethan was tanamount to "LOSING THEM" also.

Understandably, what made matters even worse for my ex-wife's psyche is the fact that one of her older sisters had finalized her divorce just a few months before my ex-wife informed me of her intent to terminate our marriage, and her sister's ex-husband was given physical custody of their two, young sons - AND HE WAS NOT A STAY-AT-HOME DAD, like Yours truly. 

So, my ex-wife admitted that she did not think she would be able to convince an honest mediator or judge that it would be in our children's "Best-Interests" for our two, young sons to be taken from me, especially because I was (am), in fact, an extraordinarily capable and MOST DEVOTED FATHER, a "Stay-At-Home Dad", and our children's "PRIMARY CAREGIVER".  That is why she repeatedly refused to consult a mediator (which I repeatedly recommended) and why she also refrained from actually filing for a divorce for several months after she informed me of her intent to terminate our marriage.         

Considering my ex-wife's state of mind (feeling that SHE NEEDED custody of our children - NOT that she felt that it was "in the Best-Interests of [our] children" for her to have custody), and considering her feeling hopeless regarding her prospects of actually persuading a mediator and/or a Judge that she should be given custody, thus also considering her desperation to get custody of our children and her determination to do so "by any means necessary" ~ combined with her $250,000 inheritance (a portion of which her divorce attorney undoubtably coveted) ~ A brazenly unethical (not to mention bigoted) divorce attorney could not have snagged a more ideal and easily controlable client than my ex-wife.

Certainly, everyone who has gone through a divorce would argue that their ex-spouse's divorce attorney was unethical and dishonest - But this MOST DEVOTED FATHER has been blessed with a perponderance of DOCUMENTED [LEGAL] EVIDENCE to prove far beyond any reasonable doubt that my ex-wife's first divorce attorney would have to be considered one of the most obvious and indisputably dishonest and unethical lawyers ever. 

For instance, my ex-wife's attorney managed to obtain a "DEFAULT DIVORCE JUDGMENT" WHICH GRANTED MY EX-WIFE 100 % OF OUR "MARRIAGE PROPERTY" (INCLUDING OUR "MARITAL RESIDENCE" AND EVERYTHING IN IT) - AND SOLE CUSTODY OF EVAN & ETHAN - WITHOUT ANY DIVORCE OR CUSTODY HEARINGS EVER BEING CONDUCTED!  And the way she pulled that feat off was by falsely claiming to Judge Charles T. Maloy that I never responded to their Petition for Divorce - WHICH I, IN FACT, DID VIA "CERTIFIED MAIL".  Then, she actually served me with a DOCTORED copy of that Default Divorce Judgment which stated that I was required to pay $379.39 each week for Child Support.  It was not until I subsequently filed a "Petition for Child Support Modification" that I eventually received what appears to be a "True Copy" of the [fraudulent] Default Divorce Judgment.  On page 3 of that "True Copy", Judge Maloy drew a line through the amount that my ex-wife and her attorney had requested and he calculated and wrote (evidently in his own handwriting and accompanied by his initials) the following:  "nine thousand seven hundred eighty-eight and 27/100 $9788.27 per year ... one hundred eighty-eight and 23/100 $188.23 (each week)".  Obviously, my ex-wife's attorney actually removed the 3rd page of the original copy which contained the amendments and the amount which was calculated and written by Judge Maloy, and she replaced it with a copy of page 3 that only has the higher amount which they had requested - more than double the amount that the Judge actually ordered! 

Further, she also prepared and filed an equally fraudulent "Financial Disclosure Affidavit" on my ex-wife's behalf, for the hearings regarding my Petition for Child Support Modification - SHE DELIBERATELY REFRAINED FROM INCLUDING IN THEIR FINANCIAL DISCLOSURE AFFIDAVIT THE NEARLY $250,000 THAT MY EX-WIFE HAD INHERITED BY THEN - And she also deliberately left out the fact that my ex-wife's new boyfriend was already living with my ex-wife (and Evan & Ethan, in our "marital residence") and the amount of income that he was bringing into their household.

By the way, when I complained about the fraudulent "Default Divorce Judgment" and the fact that my ex-wife's attorney deliberately obviously "DOCTORED" the "True Copy" in attempts to trick me into paying more than double the amount of child support that Judge Maloy actually ordered, my ex-wife's attorney claimed that it was "an honest mistake" and the Judicial Hearing Examiner that presided over the hearing, Ruben M. Garcia, did not even reprimand her.  And when I also stressed the fact that they also deliberately refused to include in their Financial Disclosure Affidavit the money that my ex-wife had inherited and/or the fact that my ex-wife's new boyfriend was living with her and our children, JHE Garcia simply adjourned the hearing and asked my ex-wife's attorney to submit another Financial Disclosure Affidavit which included that information.

I'm sorry, I'm getting too far ahead of myself.  But I think my point has been made and that any reasonable person will agree that my ex-wife's first divorce attorney was/is extremely and egregiously unethical and dishonest.  And by the way, if you're wondering why I have not named my ex-wife's attorney, the reason is that I am concerned that there might be just one person out there that is so unbalanced and vindictive that she/he might actually WANT to retain my ex-wife's divorce attorney (or an attorney like her) - And the very last thing that I would be willing to do is to inadvertantly help her obtain even one more client. 

Please permit me to back up now, to Sunday, January 24th, 1999.  As I explained in my previous blog, that was when my ex-wife attempted to flee with Evan & Ethan, but I prevented her, and then she called 911 and simply told the responding officers (Hamill & Gallipeau, Badge #'s 885 & 842 respectively) that she did not want to be married to me any more and that she wanted to leave and she wanted to take our children with her - but that I prevented her from taking them. 

My ex-wife did not in any accuse me of (or even hint) that I was in any way abusive toward her or either of our children at that time.  So, the officers called it a "domestic dispute" and asked us if we would be interested in speaking to one of their F.A.C.I.T. (Family Counseling) Officers.  We both agreed, and F.A.C.I.T. Officer Mark Scipioni eventually arrived, then the two other officers left and Officer Scipioni remained in our home for a few hours - during which my ex-wife still did not accuse me of (or even hint) that I was in any way abusive toward her or either of our children.      

First, Officer's Hamill and Gallipeau, and then F.A.C.I.T. Officer Scipioni all informed my ex-wife that she could certainly leave whenever she wanted and could go wherever she wanted, but that I was not obligated to let her take our children unless she had a court order giving her custody, or unless our children were being negleted, abused or endangered and at risk etc.  

My ex-wife initially decided to leave and she left at the same time as the F.A.C.I.T. Officer, but she called me about an hour later and asked if she could come back.  I said okay, for our children's sake.  So, she came back.

The very next morning,  Monday, January 25th, 1999, my ex-wife again attempted to flee with just Evan, but he promptly told me about her plan, which was for him not to get on his school bus after school because she was going to pick him up, and she told him that they were not going to come home - which, understandably upset him very much and that is why he promptly told me. 

I told my ex-wife that Evan was upset and that he told me about her plan.  And I also told her that I was going to keep Evan home that day, and that I would call his school to inform them that we were having a family crisis.  She became exteremely irate and began yelling and screaming at me.  Warning and threatening me:  "I'm going to get my children - and I'm going to get you!"  Then she stormed out and left.

I began making plans to go to the Family Court to file a petition for an Order of Protection against my ex-wife - ON BEHALF OF Evan & Ethan - to simply discourage and hopefully prevent my ex-wife from repeatedly attempting to flee with one or both of them.  But, unbeknownst to me, my ex-wife was already there filing a petition for an Order of Protection against me - falsely accusing me of being abusive against her and against Evan & Ethan!

Evidently, because of the severity of her allegations against me, my ex-wife was given an Order of Protection which required me to IMMEDIATELY VACATE ("Leave" and "Stay-Away" - at least 1,500 feet from) our home (where I operated my homebased business and had all of my business supplies) - AND FROM EVAN & ETHAN (even though I was their "PRIMARY CAREGIVER") - She returned to our home escorted by two [different] police officers who stood in our livingroom holding and reading the Order of Protection and told me that they would give me a few minutes to grab some of my personal belongings and that I had to leave my home and my children immediately - All while our then-6 year old son, Evan was clinging desperately to me, crying hysterically:  "No Daddy! - Don't Leave!" 

Evan kept asking me why did I have to leave!?! - and where was I going!?! - and when was I coming back!?!  I told Evan & Ethan that I did have to leave and that it was their mother's idea and that the only reason I was leaving is because "your mother told a Judge some horrible lies about me and that is why the police are here to either make me leave, and to arrest me if I don't."  

The police officers responded by belittling me, telling me that I should not tell my sons that, and asking me "What kind of a man and father..." am I?  And by telling me to "Hurry up!"   

I managed to get a small bag of some of my clothes and some of my important papers into our 1983 Dodge Conversion Van (which we used to deliver the clothes that I made to my store) - And before I walked out of the door of our home for the last time I reminded - and stressed to - Evan & Ethan the fact that I ABSOLUTELY WAS NOT LEAVING ON MY OWN - but only because I was being forced to leave - And I also promised and stressed to them that I would always stay as close and nearby to them as possible - AND THAT I WILL NEVER ACTUALLY LEAVE THEM!

I rushed straight to Jim Crow's Monroe County Anti-Family Court and attempted to respond immediately to my ex-wife's woefully and scurrilously false allegations, and to file a petition for an Order of Protection against my ex-wife, On Behalf Of our children.  Of Course, they did not take my concerns seriously and they assumed that I was just attempting to obtain an Order of Protection in retaliation because of the one my ex-wife was given against me.  And I was told that I would not be given the opportunity to respond to my ex-wife's allegations until a week later (2/1/99) when the first hearing was scheduled. 

There are so many ways in which the Family Court system (especially here in Monroe County, New York State) is allowed to operate in complete violation of the Unites States Constitution. 

Just for starters, instead of being "innocent until proven guilty" the Anti-Family Court is obviously and undeniably allowed to blatantly operates under the notion that a respondent is "guilty until proven innocent".  Plus, instead of having a "jury" of peers to examine the evidence and render an appropriate verdict, the Anti-Family Court is often presided over by a non-elected Judicial Hearing Officer (often a retired Judge with little or NO experience with "Family Law" - And who is the SOLE ARBITER - And the hearings are usually closed to the public.  Hence, it is literally A LABORATORY AND BREEDING GROUND FOR JUDICIAL ABUSE AND CORRUPTION. 

What makes matters much, much worse (at least here in Monroe County) is the fact that litigants in the State of New York are supposed to be able to report and file formal complaints against biased and otherwise unethical Judges with the New York State Commission on Judicial Conduct.  But when I subsequently attempted to report the blatant bias (and bigotry) being practiced in the Monroe County Anti-Family Court to the Commission I was informed that they only accept and investigate complaints against "Elected Judges", and since the Judicial Hearing Officers & Examiners are not elected judges, my complaints were not accepted or investigated.  So, there is no apparent way to make sure that the Judicial Hearing Officers & Examiners can/will be held accountable for their biases and their abuses of discretion and/or their incompetance! 

The English nobleman, Lord Acton accurately stated:  "Power corrupts ~ And absolute power corrupts absolutely."  And that most-aptly and precisely describes the Judges and the Judicial Hearing Officers & Examiners in the Monroe County Anti-Family Court.

Anyways, when I went to the court and attempted to immediately respond to my ex-wife's false allegations I was at least blessed to be able to persuade the court to order a Child Protective Services Investigation.  I was convinced that a CPS Investigation would definitely exhonorate me and also prove that my ex-wife clearly concocted her allegations of abuse in attempts to seize an advantage in our custody dispute.

I assume that almost everyone that has been accused of domestic abuse has denied those accusations.  Thus, it is also probably safe to assume that no one (except family members and the closest of friends) will believe someone who has been accused of domestic abuse - especially when an Order of Protection has been issued - So, instead of focusing on my ex-wife's [2] specific allegations that I was abusive toward her, which essentially boils down to "She said - He said", please permit me to focus on the [2] specific allegations of abuse that she claimed that I committed against our children.

First, however, I must stress the fact that there has been at least FOUR (4) separate Child Protection Services Investigations, conducted by at least SIX (6) different C.P.S. Investigators (or "teams" of such) - ALL of which I have requested and exhorted the Court to order - AND NEITHER OF OUR CHILDREN HAVE EVER SUBSTANCIATED ANY OF MY EX-WIFE'S [FALSE] ALLEGATIONS THAT I WAS IN ANY WAY ABUSIVE TOWARD EITHER OF THEM - NEITHER DID EITHER OF THEM SUBSTANCIATE MY EX-WIFE'S [FALSE] ALLEGATION THAT THEY EITHER SAW (OR HEARD) MY ABUSE THEIR MOTHER IN ANY WAY - even though she claimed that I often abused her (physically and/or verbally) in front of our children!!! 

In fact, THAT is obviously why, during the subsequent hearings pertaining to my ex-wife's [serial] Petitions for Orders of Protection, the Anti-Family Court (and the rest of "The Bigot's Brigade") "DENIED" my requests for "subpoenas" and absolutely REFUSED TO ALLOW ME TO SUBPOENA ANY OF THE C.P.S. INVESTIGATORS TO TESTIFY IN COURT REGARDING THE RESULTS OF THEIR INVESTIGATIONS - AND ALSO REFUSED TO ALLOW ME TO ENTER AS "EVIDENCE" ANY OF THEIR INVESTIGATIONS FOR MY DEFENSE - AND THE POLICE OFFICERS AND THE F.A.C.I.T. OFFICER WHO RESPONDED TO MY EX-WIFE'S 911 CALL (and could confirm that she did NOT accuse me of ever abusing her or either of our children, when I prevented her from fleeing with them) ON THE DAY BEFORE SHE FILED HER FIRST PETITION FOR AN ORDER OF PROTECTION!!!  

Then-Acting Family Court Judge, Craig J. Doran was so pompus during the classic "KANGAROO-COURT" hearings that he even denied my requests for those subpoenas in writing, claiming that the "purpose for seeking this testimony (Police Officers and C.P.S. Investigators) is not relevant to the proceeding before the Court." (my ex-wife's false claims that I was abusive toward her and our children) !!! 

THE [2] SPECIFIC ALLEGATIONS OF CHILD ABUSE:

A wise man once said:  "A LIE will travel half way around the world before the TRUTH even laces one of its shoes!"

And thousands of years earlier, God's Word, The Bible, stated the same fact this way:  "The words (LIES) of the slanderer are like tasty morsels which are swallowed greedily and go down into the innermost parts of the belly." (Prov. 18:8 & Prov. 26:22):

The following is a direct quote from the petition that my ex-wife (Rebecca) filed with the Monroe County Family Court, requesting an Order of Protection, on MONDAY, 1/25/99: 

"Evan was injured 12/03/98 when the Respondent (Joshua Sinclair) pushed the Petitioner and the Respondent elbow hit Evan in the head." 

Obviously they worded the allegation for the Family Court to cunningly give the false impression that I attacked my ex-wife and that I deliberately elbowed Evan in the head.

Then - JUST A FEW DAYS LATER - when my ex-wife was questioned by the [first] Child Protective Services Caseworker (evidently by herself and without being coached by her attorney etc.), this is how she reportedly described that same incident to Eric Worl, for the C.P.S. Investigation report which is dated:  JANUARY 31, 1999:

"On 12/3/99 (which is supposed to be 12/3/98) at approximately 9:00 PM in the evening, Rebecca and Ryan were having a heated discussion in their bedroom.  Both children were present.  The argument had been ongoing for several hours.  The discussion revolved around the disintegrating marriage and what would happen to the children as a result.  During the argument, both parents made derogatory references about each other in front of the children.  According to Rebecca she argued that she was working full time and was 'bringing home the bacon'.  She stated that Ryan replied that he was totally capable of supporting his children.  He asked her to 'leave'.  She stated that if she did, the children were going to go with her.  Ryan slapped at Rebecca's hand as she pointed her finger in his face... [according to Rebecca] Ryan then assumed a dominating position and began to back Rebecca against the wall.  She pushed back at him several times.  THE FINAL TIME SHE PUSHED BACK HARD, AND THIS MOTION CAUSED RYAN'S ELBOW TO STRIKE EVAN ON THE FOREHEAD..."  

Certainly, any fairly reasonable person can and will safely assume that my ex-wife also embellished this version of that incident - FOR C.P.S., and during a bitter CUSTODY DISPUTE - But please notice and please keep in mind the fact that she did reportedly reveal to C.P.S. the fact that 1) We were arguing because we were having a CUSTODY DISPUTE; 2) I actually only hit her on the back of her hand because she kept poking one of her fingers in my face; 3) SHE ACTUALLY PUSHED ME INTO EVAN WHICH CAUSED MY ELBOW TO HIT EVAN IN HIS FOREHEAD. 

By the way, are'nt Judges in all Courts (and Investigators of all sorts) supposed to carefully evaluate whether a person seems to be "CREDIBLE" or inclined to lie and to exaggerate and to embellish the truth?

The second (woefully false) - and most damning and absolutely disgusting - allegation in the petition that my ex-wife filed for an Order of Protection on MONDAY, 1/25/99 is directly quoted as follows: 

"1/03/99 Evan was crying over the fact that he did not get a toy he wanted, the Respondent (Joshua Sinclair) kept telling him to stop crying like a baby and added that he would take the toy back to the store, 'or better yet I'll take you back to the store.'  The Respondent then placed a plastic bag over Evan's head.  The child's face was a mask of fright." 

That is how my ex-wife described that alleged incident to the Family Court on MONDAY, JANUARY 25TH, 1999, in her successful attempt to obtain an Order of Protection against me - BUT PLEASE ALSO KEEP IN MIND THE FACT THAT TWO POLICE OFFICERS AND A RPD F.A.C.I.T. (FAMILY COUNSELING) OFFICER WERE IN OUR HOME FOR SEVERAL HOURS ON THE PREVIOUS DAY (SUNDAY, JANUARY 24TH, 1999) IN RESPONSE TO HER 911 CALL WHICH SHE MADE BECAUSE I PREVENTED FROM FLEEING WITH OUR CHILDREN - AND ALTHOUGH EACH OF THE OFFICERS BASICALLY INVITED HER TO CLAIM THAT I WAS ABUSIVE TOWARD HER OR OUR CHILDREN IN ORDER TO JUSTIFY HER ADMITTED ATTEMPTS TO FLEE WITH OUR CHILDREN - THE INDISPUTABLE FACT REMAINS THAT ON THE DAY BEFORE MY EX-WIFE FILED HER PETITION FOR AN ORDER OF PROTECTION, POLICE OFFICERS WERE IN OUR HOME AND MY EX-WIFE DID NOT ACCUSE ME OF BEING ABUSIVE TOWARD NEITHER HER NOR EITHER OF OUR CHILDREN - AND SHE OBVIOUSLY DID NOT AT THAT TIME ACCUSE ME OF PUTING "A PLASTIC BAG OVER EVAN'S HEAD"!!! - If that were true, would'nt I have been ARRESTED on the spot, for "Child Abuse" or at least for "Endangering the welfare of a child"?!?  And would'nt the Police Officers (AND the F.A.C.I.T. Officer) have considered such an accusation a justifiable reason to ALLOW MY EX-WIFE TO TAKE OUR CHILDREN?!?  And would'nt the Police Officers have called Child Protective Services, instead of calling one of their Family Counseling (F.A.C.I.T.) Officers?!?  And would'nt the MEDIA (especially locally and probably even the National media) have jumped all over that story?!?

Now please consider and compare the way my ex-wife reportedly described that same alleged incident to the C.P.S. Caseworker, Eric Worl - JUST A FEW DAYS AFTER SHE FILED HER PETITION FOR AN ORDER OF PROTECTION - while she was by herself (not being coached by her attorney), for the C.P.S. Investigation Report, Dated: 1/31/99:

"On 1/3/99 at approximately 4:00PM as the entire family was sitting in the living room, Ryan and Evan were talking about a small toy truck that had recently been purchased at KB Toys.  According to Rebecca, Ryan, in a kidding way, said to Evan 'If you don't like the toy then I'll take it back - better yet, I'll take you back to the store.'  He then proceeded to put the bag 'loosely over Evan's head' momentarily.  Ryan picked Evan up and held him over his head in a playful manner with the bag over his head.  Rebecca stated that the bag was over the child's head for only 2  seconds (two seconds)."

Once again, any fairly reasonable person can safely assume that my ex-wife would also greately exaggerate and embellish her account of that alleged incident - FOR C.P.S., and during a bitter CUSTODY DISPUTE - But beside the fact that she did not make that allegation to either of the Police Officers or the F.A.C.I.T. Officer that responded to her 911 call and was in our home for several hours on 1/24/99, please also consider (and any idiot in the [Anti-]Family Court, waring a black Judge's Robe, or even a white KKK robe, could immediately realize) the fact that it would be virtually impossible for me to even "kiddingly" and "in a playful manner" put a plastic bag "loosely over Evan's head" and then pick Evan up and hold him over my head, while the bag was allegedly still over Evan's head - ALL WITHIN THE "ONLY 2 SECONDS" (TWO SECONDS) THAT MY EX-WIFE REPORTEDLY CLAIMED A BAG WAS OVER EVAN'S HEAD! 

PLEASE ALSO NOTE AND PLEASE KEEP IN MIND THE FACT THAT THOSE ARE THE ONLY TWO (2) ALLEGATIONS OF CHILD ABUSE THAT I HAVE EVER BEEN ACCUSED OF - EVER!!!

Furthermore, considering the fact that the C.P.S. Investigation Report was faxed into the Family Court - TO ANN-MARIE TADDIO, the Supervising Judge of the Monroe County Family Court at that time - PRIOR TO THE FIRST FAMILY COURT HEARING PERTAINING TO MY EX-WIFE'S PETITION - And considering the fact that that Investigation Report clearly revealed 1) The fact that we were in the middle of a bitter CUSTODY DISPUTE; and 2) My ex-wife was obviously greatly exaggerating and/or embellishing and/or concocting her allegations - obviously in attempts to seize an advantage in our CUSTODY DISPUTE - Was'nt it also actually EXTREMELY OBVIOUS to the Family Court BEFORE any hearing were conducted (and even BEFORE I was allowed to tell my side of the story), that MY EX-WIFE'S VERY OWN (CONTRIDICTORY) ACCOUNTS OF THOSE TWO ACCUSATIONS OF ALLEGED ABUSE MAKES IT VERY CLEAR THAT THE FAMILY COURT SHOULD NOT HAVE EXTENDED THE INITIAL "TEMPORARY" ORDER OF PROTECTION (BEYOND THE FIRST COURT HEARING) - AND THAT IT WAS ABSOLUTELY INAPPROPRIATE AND GROSSLY UNJUST TO ORDER ME TO "STAY-AWAY" (AT LEAST 1,500 FEET) FROM EVAN & ETHAN - FOR EVEN ONE DAY - AND ESPECIALLY NOT FOR THE NEARLY TEN (10) YEARS OF BLATANT AND MALICIOUS "TOTAL PARENTAL ALIENATION" THAT WE HAVE BEEN SUBJECTED TO [THUSFAR] - All [supposedly] because of the two allegations listed above!?!     

It is very noteworthy for me to mention the fact that my ex-wife was also advised to make the following statement in the petition for an Order of Protection that she filed with the Monroe County Anti-Family Court on 1/25/99:

"Respondent talks frequently about the black exeprience.  'Anyone who tries o pull me from by (of course, that's supposed to be "my") kids is dealing with the legacy of 20-30,000 black men who during slave times had their families torn away from them and alls they could do is sit there and watch.  I'm not going to sit and watch--No--you have to kill me before I let this happen."

Please ask yourselves, Dear Friends, WHY would a statement like that (ebonics included) be made in a petition for an Order of Protection - unless it was: 1) To make it very clear to the white Judges in the Monroe County Family Court that the THE RESPONDENT IS A [STEREOTYPICAL] ANGRY BLACK MAN  - And, 2) As a deliberate attempt to pander to the prejudices (albeit the bigotry) of those Judges?  Could it be that the hoped-for reaction from the Family Court Judges would be:  "Oh Really! - Well then, let's teach that N----- something!" (?)

Another very noteworthy for me to include some of the statements made in the "observations" and conclusions in the C.P.S. Investigation Report that was prepared by Eric Worl, Dated: 1/31/99:

"Evan stated that he loves both his parents dearly, AND WANTS TO SEE HIS FATHER AS SOON AS POSSIBLE.  Rebecca stated that she is concerned that Ryan may attempt to flee with the children or that he may attempt to speak negatively about her to the children and that she would like visitation to be supervised."

PLEASE NOTE THE FACT THAT: 1) ERIC WORL REFUSED TO INCLUDE OR MENTION ANYTHING WHATSOEVER ABOUT THE FACT THAT MY EX-WIFE ADMITTEDLY ATTEMPTED TO FLEE WITH BOTH OF OUR CHILDREN ON 1/24/99 - AND WITH EVAN ONLY ON 1/25/99 - I told him quite adamantly!  And please also note the fact that, 2) THE REASON WHY MY EX-WIFE WANTED MY VISITS WITH EVAN & ETHAN TO BE "SUPERVISED" IS BECAUSE SHE CLAIMED TO BE CONCERNED THAT I "MIGHT ATTEMPT TO EITHER FLEE WITH [THEM] OR ...SPEAK NEGATIVELY ABOUT HER TO THE CHILDREN" - THOSE are the only reasons my ex-wife gave for wanting my visits with our children to be "supervised" - She did NOT state that she wanted my visits with our children to be "supervised" because she was concerned that I would either abuse (or neglect) them - despite her [clearly FALSE] allegations that I was abusive, and obviously BECAUSE of the fact that her allegations of abuse were FALSE!

Further still, besides the fact the C.P.S. Caseworker, Eric Worl, absolutely refused to include in his report the fact that my ex-wife actually (admittedly) attempted to flee with ONE or BOTH of our children TWICE, and the fact that she called 911 when I prevented her from fleeing with them, and that there were thus TWO Police Officers AND a Family Counseling (F.A.C.I.T.) Officer in our home - ALL JUST A FEW DAYS BEFORE HE INTERVIEWED EACH OF US -  Mr. Worl also stated in the "observations" section of his report: 

"Ryan has been wholly dependent on Rebecca for the past several years."  

But he also obviously refused to mention anything what-so-ever about the fact that I was a self-taught Fashion Designer, with my own store on the Boardwalk on Charlotte Beach, here in Rochester.  And that I was also a freelance photographer handling numerous wedding assignments etc.  In fact, Eric Worl deliberately refused to include any of the information that I provided him with - LIKE THE EVENTS OF THE PREVIOUS WEEKEND - And the few comments that he did attribute to me were grossly distorted.  One of my teenaged nephews were with me when I was interviewed by Mr. Worl, and he can confirm the fact that I did NOT say some of the things that Mr. Worl claimed in his report.

WHY WOULD A C.P.S. CASEWORKER FAIL TO MENTION ANYTHING WHAT-SO-EVER IN HIS INVESTIGATION REPORT (DATED: 1/31/99) ABOUT A WOMAN WHO ADMITTEDLY ATTEMPTED TO FLEE FROM HER ALLEGEDLY ABUSIVE HUSBAND WITH BOTH OF THEIR CHILDREN ON 1/24/99, AND THEN WITH JUST ONE OF THEIR CHILDREN ON 1/25/99!?! - AND WHY WOULD HE ALSO THUS FAIL TO MENTION ANYTHING WHAT-SO-EVER ABOUT THE CALL THAT SHE MADE TO 911 WHEN HER HUSBAND PREVENTED HER FROM FLEEING WITH THEIR CHILDREN, AND THE FACT THAT TWO POLICE OFFICERS AND A FAMILY COUNSELING (F.A.C.I.T.) OFFICER RESPONDED TO HER 911 CALL AND SPENT SEVERAL HOURS WITH THE FAMILY, IN THEIR HOME, ON 1/24/99?!?       

Nevertheless, Monroe County Child Protectives Services subsequently informed me that I was being "Indicated" by C.P.S. based on the two (2) above-mentioned [clearly false] allegations of abuse, and Eric Worls recommendation.  And I have been told that that means '[my] name will be placed on a registry of abusive and/or inadequate parents until my younger son from my first marriage, Ethan, turns 28 years old' in October of 2023. 

Besides beseeching and exhorting the Family Court to order the aformentioned C.P.S. Investigation, I also beseeched and exhorted the court to appoint an attorney (Law Guardian) to represent Evan and Ethan - And my ex-wife's attorney adamantly resisted that request.  But, the court did agree to assign a Law Guardian and Lisa Sadinsky was thus appointed.  However, although understandably met with my ex-wife and, of course, with Evan & Ethan on several occasions - LISA SADINSKY, THE "LAW GUARDIAN" THAT WAS APPOINTED TO REPRESENT MY SONS, EVAN & ETHAN -  REPEATEDLY REFUSED TO SPEAK TO ME ON THE TELEPHONE AND/OR TO MEET WITH ME IN PERSON - SHE NEVER DID, NOT EVEN ONE SINGLE TIME!  But she did meet and speak with my ex-wife and her attorney on several occasions.  And, predictably (under those circumstances), Lisa Sadinsky appeared at every hearing after she was appointed and repeatedly stated that she completely supported absolutely every request made and every position taken by my ex-wife and her attorney, including, of course, their request for a "Permanent" Order of Protection being issued against me, requiring me to "STAY-AWAY" from Evan & Ethan.

Please ask yourself  (and any Law Guardian or other lawyer that you might know), IS IT APPROPRIATE OR "ETHICAL" FOR A LAW GUARDIAN WHO IS ASSIGNED TO REPRESENT TWO YOUNG CHILDREN, TO CONTINUOUSLY AVOID AND ABSOLUTELY REFUSE TO EVER MEET WITH OR EVEN SPEAK ON THE TELEPHONE TO THE FATHER OF HER SUPPOSED CLIENTS - WHILE REPEATEDLY STRESSING HER SUPPORT FOR THE MOTHER?!? - And, WHY would a Law Guardian continuously avoid and repeatedly refuse to ever meet with, or to even speak on the telephone to one of the parents of her so-called client's?!?      

Glen R. Morton, one of the Family Court's [non-elected] Judicial Hearing Officers (Who thus, could NOT be investigated by the NYS Commission on Judicial Conduct) , was evidently assigned by Supervising Judge, Ann-Marie Taddio, to preside over the hearings pertaining to my ex-wife's petition for an Order of Protection beginning on 2/1/99.  And although Judge Taddio and the Family Court had received a faxed copy of the C.P.S. Investigation Report prior to the first hearing, and could very easily discern (at least at that point) the very clear and obvious fact that:  1)  My ex-wife (The Petitioner) and I was in the middle of a bitter CUSTODY DISPUTE;  And  2)  That my ex-wife indisputably had at least greatly exaggerated and/or embellished the allegations of abuse in her petition (or completely concocted them) - CLEARLY IN ATTEMPTS TO SEIZE AN ADVANTAGE IN OUR CUSTODY DISPUTE - In addition to the fact that that is obviously something that I [REPEATEDLY] stressed (or at least repeatedly attempted to stress) along with my side of the story including the rest of the above-mentioned facts (during the FEW occasions I was actually allowed to speak) -  J.H.O. Morton repeatedly adjourned the hearings - and kept extending the so-called "Temporary" Order of Protection - for about a month at a time (for several months).  He utterly disregarded all of the above-mentioned facts and he subsequently actually issued an Order making the Order of Protection "PERMANENT" (which actually meant for "ONE-YEAR")!

PLEASE NOTE:  The following is just one of the cases of certified bias on record in and in the NYS Law Books:

"Only explaination for denying father's visitation rights and for court's statements against father during hearing on mother's motion for judgment for arrears due for child support and for counsel feel was that as hearings progressed, COURT BECAME INFLUENCED BY PERSONAL BIAS AGAINST FATHER" ... Janousek v. Janousek (2 Dept. 1985) 108 A.D.2d 782, 485 N.Y.S.2d 305.

Can any reasonable person deny that this is ALSO what has been happening regarding MY CHILDREN'S DIRE PLIGHT - And the fact that the Monroe County Family Court has also been greatly influenced by personal bias against me?   

By the way, when I was unjustly forced to IMMEDIATELY "VACATE" our home and to "STAY AWAY" ("AT LEAST 1,500 FEET") FROM EVAN AND ETHAN,  beginning on 1/25/99, in order to keep the promise that I made to my young sons before I left, that I was obviously only leaving because I was being forced to leave and that I WOULD NEVER ABANDON THEM - AND THAT I WOULD ALWAYS RESIDE IN THIS AREA AND AS NEARBY TO THEM AS I POSSIBLY COULD - I initially went to a hotel (which is where I met and was interviewed with the first C.P.S. Caseworker, Eric Worl) and, because of the Family Court's continuous extention of my ex-wife's woefully false, so-called "Temporary" Order of Protection, I eventually decided to reside in the 1983 Dodge Conversion van that my ex-wife's Aunt kindly purchased for my homebased business.  Hence, although it was initially purchased to help me grow my homebased business - it eventually became my HOME.  

I was allowed to officially open my store (my "Designer Boutique at the Beach" in the Ontario Beach Park bathhouse, on the Boardwalk, on Charlotte Beach, here in Rochester) from May through October.  So, I eventually parked there and opened and attempted to somehow operate my store - EVEN THOUGH MY EX-WIFE OBVIOUSLY MANAGED TO SEIZE POSSESSION AND CONTROL OF MY VITAL BUSINESS SUPPLIES AND EQUIPMENT, INCLUDING MY WORKING SEWING MACHINE AND ALL OF MY FABRICS (when I was forced to immediately leave and to "stay-away" from our home).

In fact, I soon discovered that I had an additional handicap:  Although the American Express Gold Card was previously offered to me, by American Express, as a "Business Card", in my name, my ex-wife understandably had an additional card so that she could make purchases for the business if/when I was unable to.  But when I attempted to use the card to purchase some supplies in attempts to effectively operate the store - I DISCOVERED THAT MY EX-WIFE MANAGED TO HAVE THE "BUSINESS CARD" CANCELLED - So, I was also unable to even purchase any of the supplies that I needed for the store.  Well, I'm sure there are countless MEN (Dirty-Rotten Scoundrels) that have done the very same thing (and/or similar things) to their wives thoroughout the years and centuries. 

As anyone/everyone can imagine, Evan & Ethan used to absolutely love coming up to the beach virtually every day through the previous Summer - AND THEY TOOK GREAT PRIDE IN THE FACT THAT THAT STORE (THE ONLY NON-FOOD VENDOR THAT EVER MANAGED TO ATTAIN A CONTRACT TO OPEN RIGHT ON THE BEACH) WAS THEIRS!!! - But now, relationship with their father was unjustly being  CRUELY and MALICIOUSLY severed and they were also thus being prevented from coming anywhere near the beach!

A series of strange events began ocurring as soon as I was forced to immediately leave and to "Stay-Away" from our home and from Evan & Ethan, including the fact that my ex-wife's boyfriend, Tim Osborn, promptly began moving into our home, and although I was forced to leave our home on 1/25/99 - MY EX-WIFE (AND HER LIVE-IN BOYFRIEND) EVIDENTLY FILED FALSE "JOINT" NYS & FEDERAL INCOME TAX RETURNS (FOR 1998) ON 2/25/99 - USING AND EVIDENTLY FORGING MY NAME - She/they also prepared a FALSE "Profit or Loss Statement" for MY HOMEBASED BUSINESS (with FALSE, hence inaccurate figures) - All of this just ONE MONTH after I was forced to leave our home (and four months after my ex-wife informed me of her intent to terminate our marriage) And, of course, without informing me!

Additionally, even though my ex-wife was previously permitted to use some of the money in her Aunt's Living Trust to purchase a 1996 Ford Explorer for herself (and her live-in boyfriend also reportedly had a late-model S.U.V.) - MY EX-WIFE (AND/OR HER LIVE-IN BOYFRIEND) BEGAN HIRING TOW TRUCKS AND SENDING THEM TO THE BEACH IN ATTEMPTS TO SEIZE THE [1983] VAN THAT I WAS BASICALLY BEING FORCED TO LIVE IN!  It was initially registered in her name in order to keep our insurance payments as low as possible.  And they would have been able to seize it at that time if a concerned citizen did not rush to my store to tell me that someone was trying to tow away the van.        

WHAT THE HECK DID THE DOG DO WRONG!?!

Another very strange - and very revealing thing happened that was - indisputably CRUEL and SELF-CENTERED and INCONSIDERATE of our children's feelings, desires, and emotional stability - It happened just a few days after I was unjustly forced to immediately leave and to "Stay-Away" from our home and from Evan & Ethan (who were undeniably already suffering from "Separation-Anxiety") since 1/25/99.  And it occured BEFORE the first Family Court Hearing pertaining to my ex-wife's petition for an Order of Protection, which was scheduled for 2/1/99:

MY EX-WIFE SENT ONE OF OUR CHILDREN'S [2] DOGS TO THE SHELTER - BECAUSE THAT PARTICULAR DOG HAD DEVELOPED AN ATTACHMENT TO ME!!!  

Now, I have heard of several cases when pets actually became the subject of "Custody Disputes" and a Judge was required to determine who would get to keep the pet.  But my ex-wife simply sent the dog to the shelter (without informing me).

Several months earlier, our Black-Masked, Fawn, Great Dane, Sasha died.  She was the best and most gentle and sweet dog ever, in my humble opinion.  EVAN, WHO WAS ALWAYS EXTRAORDINARILY SENSITIVE, WAS ESPECIALLY DEVASTATED!  We had Sasha before Evan was born and he literally grew up with her.  So, we called the "Lollypop Farm" (a local shelter) and explained the situation to them and asked if they would please notify us if they received a Great Dane.  As everyone can imagine, Evan & Ethan were both extremely excited when the shelter subsequently called us back and informed us that they just received a 10 month old, Black-Masked, Fawn, Great Dane! 

We all rushed there immediately and Evan & Ethan absolutely loved the dog right away, especially because she looked so much like Sasha and because she was also incredibly gentle, like Sasha (Which would probably not be surprising to anyone who has ever had a Great Dane, afterall they are often called the "Gentle Giants").  She (the dog) also immediately interracted with Evan & Ethan as if she was waiting her entire life to meet them and become theirs.  We Named her "Nikita" (after the character on the television show, La Femme Nikita).  Nikita did not arrive at the shelter alone.  She was brought in with a similarly sweet but playfully-aggressive 10 month old Rottweiler, which my ex-wife was immediately drawn to.  We were told that since both dogs had been raised together and were brought in together, we could take the both for the adoption fee of just one of them.  So, we did, and the Rottweiler was named "Madeline" (also after a character on La Femme Nikita).  Madeline essentially became my ex-wife's dog, but I stressed that Evan & Ethan could not be left alone with the Rottweiler because she was so powerful and playfully aggressive.

Nikita (the Great Dane), became particularly drawn and attached to me and she always insisted on sleeping on the floor in the livingroom, right next to the sofa-sleeper, which is where I began sleeping about the time that my ex-wife informed me of her intent to terminate our marriage.  My wife then began to bring Madeline (the Rottweiler), into the master bedroom to have her sleep beside her bed.

Then, as mentioned above, just A FEW DAYS after I was unjustly forced to immediately leave and to "Stay-Away" from our home and from Evan & Ethan (On 1/25/99), and BEFORE the first Family Court hearing pertaining to her Order of Protection (2/1/99) - And while Evan & Ethan were ALREADY, understandably very confused and traumatized and certainly suffering from "SEPARATION ANXIETY" by having me suddenly forced away from them - MY EX-WIFE SENT THE GREAT DANE BACK TO THE SHELTER! 

Several weeks after I was unjustly forced to immediately leave and to "Stay-Away" from our home and from Evan & Ethan, during one of our weekly, one (1) hour "Supervised Visits" at the so-called Society for the Protection and Care of Children (S.P.C.C.), EVAN CAME, HOLDING HIS RIGHT KNEE AND LIMPING INTO THE SMALL, 10' x 10' ROOM where we were closed in with a young woman named Lauren Agness sitting in the corner listening carefully and taking notes about everything that my young sons and I said and did together, and with a 250-300 lb security guard sitting right outside of the closed door.  I immediately asked Evan why he was limping and HE TOLD ME THAT HE 'GOT HURT BY MADELINE (THE ROTTWEILER)!  

I examined his leg and was shocked to see TWO DEEP, WOUNDS ALMOST ALL OF THE WAY AROUND EVAN'S RIGHT KNEE - And as if that were not bad enough, EVAN'S LEGS WERE DIRTY AND THE WOUNDS HAD NOT EVEN BEEN CLEANED (Evan though my ex-wife taught CPR at her place of employment)!  So, I immediately asked Lauren Agness for a First-Aid kit and I cleansed Evan's wounds.  Of course, I asked Evan how did it happen?  And, I got my camera and started to take some pictures of Evan's wounds, but Lauren Agness tried to discourage me from taking the pictures because she said SHE DID NOT WANT ME TO TAKE THE PICTURES AND THEN USE THEM AGAINST EVAN'S & ETHAN'S MOTHER! 

I became indignant with Lauren Agness for being "obviously more concerned about my ex-wife than about Evan & Ethan", and I told her that she knows very well, and she could not deny the fact, that IF EVAN AND/OR ETHAN WAS INJURED (IN ANY WAY) WHILE IN MY CARE - NO ONE WOULD BE DISCOURAGED FROM TAKING PICTURES OF THEIR INJURIES (ESPECIALLY NOT TO PROTECT ME) - TO THE CONTRARY, EVERYONE WOULD CERTAINLY INSIST ON IT! - So, I took the pictures anyways - And Lauren Agness took a lot of notes. 

Yet another very strange thing occured a few months after I was unjustly forced to immediately leave and "Stay-Away" from our home and from Evan & Ethan:  I received a copy of Evan's "Report Card" and noticed that, ALL OF A SUDDEN, EVAN WAS DIAGNOSED AS HAVING "ATTENTION DEFICIT DISORDER" (A.D.D.), AND HE WAS BEING PRESCRIBED "ADDERAL" AND WAS PLACED IN "SPECIAL-EDUCATION" CLASSES!!! 

When I was their "Stay-At-Home Dad" and Evan's & Ethan's "Primary Caregiver" EVAN WAS EVALUATED BY THE UNIVERSITY OF ROCHESTER LEARNING CENTER AS BEING ON THE "FIFTH (5TH) GRADE LEVEL" - WHEN HE WAS IN KINDERGARDEN! - Now, all of a sudden, he supposedly has A.D.D. and needed to be prescribed "Adderal" and to be placed in "Special-Education" classes!?! 

to be continued....