Friday, October 31, 2008

My writ petition

Here is an excerpt from my petition, filed yesterday:
I respectfully petition this Court for writs of habeas corpus, certiorari, mandamus, and prohibition. I have been convicted of contempt by the Santa Cruz family court, and I await sentencing. A gag order has imposed a prior restraint on my free speech. I have also been denied access to my kids for nearly a year.

I believe that I am the first person in the entire history of the United States to be convicted for copying evidence that was publicly presented against me in open court. I also believe that I have been denied access to my kids for the most trivial reasons in history.

The evidence at issue was the Jan. 4, 2008, testimony of Santa Cruz County (CPS) social worker Sally Mitchell who admitted during cross-examination that I had not committed any single act of abuse, that my kids were not subject to the jurisdiction of the juvenile court, and that the worst thing I ever did to my kids was to reset the alarm clock for 7:00 so that they may get ready for school. She also testified that she disapproved of the “sum total” of my parenting practices. This testimony was used to take my kids away from me, and I have not seen them since. (I am not quoting full sentences out of fear that I could get punished with an extra five days in jail.)

My petition is based on my Santa Cruz family court. Commissioner Irwin H. Joseph issued child custody, confidentiality, and child support orders in Jan. 2008. I have contested the legality of those orders before the California 6th Appellate District. The case has been fully briefed and is awaiting oral argument.

While I continue to maintain that those Jan. 2008 orders were illegal for all the reasons stated in my appeal, this petition is not primarily concerned with that. This petition concerns my attempts to obey those Jan. 2008 orders, and how the lower court has reneged on them, and even punished me and my kids for obeying them.
I don't see how Cmr. Joseph and my ex-wife can possibly justify what they have done.

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