Laura McNish And Marshall County Courthouse No Shows

Hey Laura, when you have a defendant who has been summoned to court and is a no-show, you will generally not find him hanging about in the hallway of the courthouse. And the young man you wanted to detain was not the defendant, either. You owe him an apology for your dumbass mistake, and you owe his mother an apology for your filthy language. Once upon a time, obscene words and an unkempt appearance on the part of an officer of the court were both considered contempt of court. It appears that in Marshall County, Kansas, the prosecutor is permitted the liberty of using foul language in the courtroom.  A bit similar to your son and his ongoing liberty to vandalize and destroy the property of others with no consequences, while those who are not so well connected do not enjoy the same rights to commit crimes, isn't it? You and your family have set a terrible example for the young people in Marshall County, Kansas, Laura. Your decorum and lack of manners is unbecoming to an officer of the court. If you insist upon dressing like a slob and using filthy language in court, the least you could do is impose the same laws on your children that govern the rest of the state.

Kansas Won't Follow Court Order

Surprise, surprise......actually; not so much. Kansas has been in contempt of court since February of this year concerning an order to recalculate the budget for all the public schools in the state. Last week, the Supreme Court gave the Kansas legislature until June 30 to comply, or public schools would not be allowed to open this fall for the 2016-2017 school year. Instead of following the court's order, Governor Brownback, (R) determined that the legislative session should end as scheduled, despite the fact that their job is not done. If a private person reacted this way, it would be contempt of court.

Another Stupid Prosecutor

What is going on with stupid prosecutors these days? In Colorado, there is a young and inexperienced prosecutor named Todd Risberg, who requested discovery of all the evidence in possession of all parties involved in a case he tried. Everyone complied, but Risberg still felt somehow cheated, so he filed a motion about it. During court, the judge ruled that the prosecution had all the evidence it needed, and that the defendant's attorney did not have to supply the prosecutor with any more so-called "evidence"; which, in this case, was a penned letter to one of the defendant's friends. Had the judge ruled otherwise, and had the defense still refused, someone would have been in contempt of court then and there; but no one was in contempt of court, because all of the judge's orders were followed. So what does Risberg do? He files criminal charges against the defense attorney for not handing over the letter the judge said he did not have to hand over! He feels that this step is necessary to "send a message" to defense attorneys in his area. Where's the eye-rolley when I need it?

I do not believe Risberg's dumbass case will go anywhere. No defendant, represented by an attorney or not, has a legal obligation to fork over evidence, including written or oral statements, to help the State prosecute a case. The fourth and fifth amendments to our Constitution are quite clear about this. Many of the defense attorneys in Risberg's area are in solidarity against this case, and against these tactics, and it will not surprise me a bit if the case is dismissed with prejudice. Sadly, it will also not surprise me a bit if Risberg finds a way to take his nonsense to civil court, when criminal court fails to give him his own way.

This is the kind of stuff about which ethics complaints are written to Bar Associations. And I would certainly write one if I were involved in this case.

 

 

An Untainted Jury

When a defendant or a respondent invokes the right to a jury trial, that does not entitle the prosecuting attorney to cherry pick, among the population or jury pool, friends and other intimate cohorts of the plaintiff! Marshall County Kansas prosecutor, I am looking at you! When a citizen has been summoned for jury duty on the date of the trial of a case that involves someone with whom he or she is personally acquainted, and calls the office of the county attorney to state this, telling that citizen to appear anyway, and threatening charges of contempt of court and imprisonment are NOT lawful and appropriate responses. Calling as many friends and associates of a person you have chosen to bully and threatening them with one legal action or another, should they refuse to terminate their friendships with your target, is unprofessional enough, but deliberately choosing a biased jury is an ethics violation. How many ethics violations does the Marshall County prosecutor's office commit in a day's time?

 

A Prosecutor With Contempt For The Constitution

 

 

Stuff Not To Do In Court

This girl thought it was somehow in good taste to flip the bird at a Florida magistrate judge. He held her in contempt, and gave her thirty days in jail. Her public defender probably got the sentence reduced...but still.....wouldn't it have been easier to just keep the fingers unextended long enough to get bailed out of jail?

The only other person whom I have actually seen in the act of flipping the bird at a judge was my ex husband, during a hearing about a restraining order. The subject of child support came up, and when he was told how much he should pay every month, he extended his policeman finger to the judge. So she upped the amount, and kept doing so until he calmed down. Later on, he got the same judge for a criminal matter. She threw the book at him then, too.
 

 

Noble Rick Pendland Bound Over For Trial

Here is an update to Noble Rick Pendland's adventures with the judicial system: today, he was bound bound over for trial in a case involving five victims and five counts of aggravated sodomy and three counts of indecent liberties with a child. Another victim came forward, and that will be a separate case. It will not be a big surprise if even more victims come forward, since a lot of parents, students, and foster children complained about him, while Kansas essentially told them to shut up and bend over for Mr. Pendland. The arraignment will be at 3:30 PM on June 21 in Cowley County Court, Kansas. What a way to celebrate Summer Solstice!

If you can stand one more update, here is a short clip of what happened in court today:

This is what the superintendent of USD 470 (Kansas Public Schools) did not want anyone to know. This is also what social services in Kansas, or social rehabilitative services, does not want the rest of the nation to know about foster care placements for children in Kansas. In fact, a foster child who later became an adoptive child in Kansas, Adam Herrman, has been missing since 1999, and no real efforts have been made to find him. His biological father was never contacted before SRS decided to allow the people who "lost" him to adopt him, either. It is time for the Kansas foster care industry to go into receivership.

Yes, Kyron's Mom Can Sue Terri Moulton Horman

Some people are failing to understand, from what I see on Facebook and in comments at news websites, that Desiree Young, mother of Kyron Horman, has a solid legal case against Terri Moulton Horman. On June 4, 2010, Terri Moulton Horman, Kyron's stepmother, states that she left him at school. When attendance was taken, Kyron was not at school. Kyron was not in school all day, on June 4. Later on, that same day, when Desiree had been scheduled to take Kyron to her house for the weekend, Kyron was still missing. Terri was the last custodial adult to have Kyron in her care. Now that Terri is no longer Kyron's stepmother, and no longer a defacto guardian of Kyron in any way, Kyron's parents have the right to physical custody of Kyron. Since Terri is the last known person to have had any contact with Kyron, it is logical, reasonable, and legal to insist upon answers and testimony from Terri concerning Kyron's whereabouts. This, ladies and gentlemen who don't think Desriee has a solid case, is what this case is all about. And, in Oregon, there is a specific law called Aaron's Law, written by Sean Cruz, specifically to deal with step parents who steal children from natural parents. Because of this, I anticipate that Stephen Houze, Esquire, representing Terri Horman, will have a more difficult time getting this case dismissed, which; I'm sure, he wants to do.

Even if Terri does not testify; even if Terri does not appear in court, the discovery process can subpeona her bank records, her phone conversations, every single email, testimony from more witnesses and potential witnesses, and even medical records to get a clearer picture of where everyone in the Horman family was on June 4, 2010. And also, the court can order Terri to produce Kyron. If that happens, and she fails to give him back to his parents or testify as to where he might be found, Terri could be charged with contempt of court. Most jurisdictions give judges the leeway to jail defendants and other parties in court who are found in contempt until such a time as they are no longer in contempt. If that happens to Terri Moulton Horman, perhaps she will give Kyron back to Desiree.

It has been two years. Terri, where is Kyron?

Court Proceedings In Kansas

This past Wednesday, in Topeka, Kansas, a young man named Austin Tabor was, I repeat, WAS, on trial for the murder of another young man, Matthew Mitchell, in October of 2010. While the courthouse allows people to take cell phones, and other odds and ends, such as camaras inside, it is still a distinct no-no to take pictures of certain individuals, such as jury members, during a trial. The judge in this case reiterated the warning to everyone, but a reporter from the Topeka Capitol Journal went ahead and snapped a shot of the backs of a couple of people's heads, the silluette of a jury member beside the window, and the tops of a couple of jury members' heads. She tweeted this image to her employers, who went ahead and published it online. Later in the day, the judge was sent a message concerning the contempt of her orders, and she declared a mistrial.

Judging from the comments that have been printed from readers of the Topeka Capitol Journal, it would seem that a lot of Kansans do not understand why this mistake was so costly and unprofessional. Not only does a new court date have to be set amid courthouse furloughs designed to save money, but a new jury has to be seated. Also, the defendant has a constitutional right to a speedy trial, and the victim's family has a right to see justice. The journalist interferred with those things when she defied the judge's order to leave the jury unphotographed and unidentified.

The above situation is sad enough, but here is something even more troubling; it's a comment from a reader of one of the stories about this journalist and her published twitter photo. Here it is:

"I can say that the reporter's mistake wasn't the first mistake made in the trial that could have possibly caused a mistrial. The victim's mother disregarded instructions given to the jury pool before we watched the official jury video. We were instructed to not take notes unless instructed. She also ignored the judge's instructions to all persons not in the jury pool to leave the room. As each potential juror was called, she recorded that person's name in her small 4x6 notebook. When a person was dismissed for cause, she crossed out that persons name and recorded the name of the replacement. And even though the prosecutor's witness list was part of the filing prior to jury selection, she also recorded the names on that list. She left before lunch when a male came in to the courtroom and signalled her. As she was leaving, even the judge asked her if she was part of the pool and she said no. It may not seem to some as a big deal, but if you knew that a member of the victim's family recorded your name in a notebook, you would probably feel intimidated on some levels."

The judge told everyone not in the jury pool to leave! Instead, one person thought it would be okay to disregard the judge and stay! What was she going to do with all of the names of chosen jury members? Kill them, if they did not return the verdict she desired? Perhaps the errant journalist saved a life by necessitating a mistrial.

Sky Metalwala's Dad Has Custody

Solomon Metalwala, father of Sky Metalwala, who disappeared in November of 2011 while he was in his mother's care, was granted custody of Sky and his sister, Maille, in court today in Washington. Now that he has custody, he can insist that Sky's mother, Julia Biryukova, give Sky back to him. If she does not, she can be charged with custodial interferance, parental kidnapping, and contempt of court. I hope that Terri Horman and Justin Dipietro are paying attention. When the Horman divorce finally gets to court, Terri will not have any custodial right to her stepson, Kyron, at all. Her estranged husband, Kaine, and Kyron's mother, Desiree young will. Since she was the very last person with custodial rights to care for Kyron, perhaps she can be ordered to return him to his parents. Hopefully, if she does not, she can be forced to testify and jailed for custodial interferance and contempt of court. Hopefully. And whatever will Justin Dipietro do if he is ordered to return his daughter, Ayla Reynolds, to her mother? It would behoove him to testify in such a case, rather than continue to play games with law enforcement. This was never the intended function of family law court anywhere, but in the cases of these missing children, such legal actions could work!