https://newsmakingnews.com

ARCHIVE 7/17/00 TO 7/23/00

PAGE CONTENTS ( Click on topics to go to articles): 

Click. WAS WACO THE OBLITERATION OF A  WEAPON OF MASS DESTRUCTION, (COVERED UP) WHICH KORESH "HANDLED" FOR CERTAIN UNITED STATES FACTIONS WITH INTERNATIONAL IMPLICATIONS?

Click. West Nile Virus Has Been Spread All Over US By Birds

Click. JUDGE REJECTS MISTRIAL IN CAROL MARDEUSZ CASE.

Click. MARIN COUNTY JUDGE ADAMS THREATENED BY BARBIE DOLL VOODOO AS SHE "HANDLES" TRIAL! 

Click. The New Face of Protest in America.

Click. Carol Mardeusz' testimony explains her good faith intentions to rescue her child from abuser at Marin trial for perjury.  Attorney implicated in fraudulent abduction scheme by  Phil Graf. 

Click. HYPOCRISY OVER HILLARY by Robert Lederman.

Click.  Marin DA Kamena's costly prosecution of mother ignores plight of child.  Judge Adams fines mother's Attorney.  by Phil Graf. Coast Writer's Syndicate.

WITNESS FOR THE TRUTH!  WITNESS IN PERIL!
HOW SONOMA AND MARIN COUNTY JUDGES, DISTRICT ATTORNEYS AND THE FBI USED THE LAW TO KIDNAP AN INNOCENT 5 YEAR OLD CHILD TO COVER UP THE "JOHN DOES" BEHIND THE MURDER AND KIDNAP OF Polly Klaas.
NewsMakingNews will continue to update the attempts to recall District Attorney Kamena and three Marin County Judges, and the trial of Carol Mardeusz, and the upcoming appellate battle regarding Richard Allen Davis. Click.

CLICK. THE SANTA ROSA, ROHNERT PARK, SONOMA COUNTY POLICE SHOOT 'EM UP  DATA DUMP! 1996 to TODAY!

TO READ ARCHIVE 7/2/00 to 7/16/00, Click. 6/24/00 TO 7/1/00, Click. 6/18/00 TO 6/23/00, CLICK. 6/10/00 TO 6/17/99, CLICK. 5/30/00 TO 6/9/00, CLICK. 5/20/00 to 5/29/00, CLICK.  5/13/00 TO 5/19/00, CLICK. 5/8/00 TO 5/12/00, CLICK. 4/30/00 TO 5/7/00), CLICK. ARCHIVE (4/24/00 TO 4/29/00), CLICK

WAS WACO THE OBLITERATION OF A WEAPON OF MASS DESTRUCTION, (COVERED UP)  WHICH KORESH "HANDLED" FOR CERTAIN UNITED STATES FACTIONS WITH INTERNATIONAL IMPLICATIONS?
 
(NEWSMAKINGNEWS QUESTION: DID THIS WEAPON INVOLVE DNA AND GENETIC ENGINEERING VIA MONSANTO AND/OR CARGILL RESEARCH?  
Is that why Danforth, a  Monsanto factotum, will taking the heat by handling the cover-up investigation? Click for more.]

Alamo-Girl, who has researched the WACO tragedy since it occurred, wrote on Free Republic in response to Danforth's recent report: 

"My unpopular theory was that the government did a very bad thing for a very good reason. In a nutshell, my theory is that Koresh and a few other Davidians had a Weapon of Mass Destruction (WMD) and the will to use it making it necessary for the military to be involved and leading to the nasty conclusion and cover-up. Military involvement at Waco included:

The Secretary of Defense.
The Joint Chiefs of Staff.
The U.S. Army Chemical Biological Defense Command.
The Joint Task Force (JTF-6) The Special Operations Command. Combat Action Group (CAG).
Green Berets.
Delta Force.
The British SAS.
The Texas National Guard The Alabama National Guard.

Add to that the FBI and CIA - and the only incidents we know of with even a fraction of these assets assigned involved chemical and biological weapons of mass destruction. Oh well, like I said, my theory is very unpopular because it doesn't find evil intent on the part of the government..."

CLICK TO READ ALAMO-GIRL'S RESEARCH AND ANALYSIS AND A GREAT WEB THREAD!

DANFORTH'S TIES TO GENETIC ENGINEERING PLANT -- MONSANTO (and Cargill)! 

NEWSMAKINGNEWS:  COINCIDENTALLY, MY DEAR.... 

Picture: World Agricultural Forum attendees discuss the status of African agriculture (left to right) Gerard Acogny, representing the government of Senegal; Mohamed Elmad Ahamed, director general Indian Ocean Management Company; Kadiatou Koite, spouse; and The Honorable John C. Danforth, chairman of the Advisory Board, World Agricultural Forum.

Senator John C. Danforth, through his Monsanto Missouri ties, is very interested in agribusiness and its latest developments.  Click.  Former Vice President Danforth Quayle gave orders in 1992 to the Food and Drug Administration that "GE" (genetically engineered) crops are "substantially equivalent" to regular crops and foods, and do not have to be safety tested or labeled, even though they contain unique, altered genes, and can be patented.  Why is Monsanto's politician Senator Danforth, heading the investigation of WACO? Monsanto and Cargill are involved in joint venture research.  Cargill was a key investor and join venture partner with the now bankrupt First City Financial Corporation, a WACO firm.  [Was First City financing agribusiness?] The lead law firm listed on First City Financials 1998 registration statement is Weill Gotshall, of which federal Judge Sporkin, recently retired, is now a member.  Danforth's last big play relating to Monsanto occurred when he pushed President Bush to nominate former Monsanto lawyer, Clarence Thomas, for the Supreme Court.  What kind of an experiment, if at all, was WACO?
https://newsmakingnews.com/archivE5,8,00,5,12,00.htm



West Nile Virus Has Been Spread All Over US By Birds

Date: Tue, 18 Jul 2000 11:07:07 EDT
From: Angela M. Lee <>
      Special Correspondent to ProMED-mail
Source: The HoustonChronicle.com, 7-15-00 [Edited}


The bird virus [West Nile virus] that killed seven New Yorkers last year has now spread all over the Americas, say U.S. researchers. They warn that the Gulf Coast of the United States will probably see the next outbreak of West Nile virus.

Despite the threat, U.S. authorities have so far failed to provide the research funding to keep tabs on the virus in wild birds. The scientists say that scrupulous monitoring of bird populations is needed, otherwise it won't be possible to identify and spray high-risk areas with insecticide to kill the mosquitoes that transmit the virus to people.

The infection is endemic to Africa, Asia and Europe, where it resides harmlessly in many bird species but kills others, according to Bob McLean, head of the National Wildlife Health Center in Madison, Wis. Humans usually get the disease from mosquito bites when the population of infected city birds is sufficiently large to infect enough mosquitoes. In 1997, 527 people in Bucharest, Romania, were ill with West Nile virus, and 50 [ ? ]died. There is no specific treatment for the infection.

The virus may have reached New York last summer in a bird imported from Israel. However, West Nile expert Zdanek Hubalek of the Czech Academy of Sciences suggests it may have originally escaped from the Sloan-Kettering Institute in New York, where in the 1950s a strain of the virus was given to 95 terminal cancer patients as an experimental [cytolytic]treatment. 

But there is evidence that the New York outbreak last summer, which killed thousands of crows and caused encephalitis in 61 New Yorkers, seven of whom died, resulted from a different strain. But what is certain, McLean says, is that as early as last summer the virus had already spread to an alarming extent in the New York area. "It had already infected more than half the local geese and sparrows. That's scary," McClean says. And the discovery of the virus in birds in New York, New Jersey and Delaware last month has dashed hopes that it would not survive the winter. John Rappole and his
colleagues at the Smithsonian Institution Zoo in Front Royal, Va., have calculated that the virus would spread far and wide from New York if there were susceptible migratory birds congregating on mosquito-infested wetlands nearby. In this month's issue of "Emerging Infectious Diseases", they and Hubalek report that there are 77 migratory species there, including ducks, starlings, terns and gulls, capable of carrying the virus. "The virus is probably in every corner of North America by now" as well as parts of South America, says Rappole. Another outbreak could occur anywhere there are
enough infected birds, possibly this summer. "We think the next outbreak will be along the Gulf Coast, where northern migrants remain concentrated," Rappole says. "It is essential to capture and test healthy local birds to know where West Nile poses a threat," McLean says. "Then mosquito spraying can be targeted to protect people."

McLean's proposal to screen birds in the coming months have not yet been funded. Eastern and Gulf states plan to test dead birds and "sentinel" chickens; i.e. caged birds used as an early warning system. But this is much less sensitive, McLean warns. Caged chickens are less likely to encounter infected mosquitoes than free-range birds. But Stephen Ostroff of the Centers for Disease Control and Prevention in Atlanta told New Scientist: "Extensive screening of wild birds in the hope of finding the virus would
not be cost-effective."

[Byline: Debora MacKenzie] 
--
Angela M. Lee
<>

[So far there are no confirmed reports that West Nile virus-infected mosquito vectors or susceptible birds have been recovered outside the New York/New Jersey/Delaware area. This report contains much unfounded speculation. Human mortality in Europe is variable to low. The following report,extracted fro MMWR, sets the record straight - Mod.CP]

*********
[2]
Date: Thu, 20 Jul 2000 21:39:29 -0400
From: Marjorie P. Pollack <>
Source: MMWR, 21 Jul 2000 / 49(28);640-2 [edited]

West Nile Virus Activity - New York and New Jersey, 2000
----------------------------------------------------------
In late August 1999, an outbreak of encephalitis caused by West Nile virus (WNV) was detected in New York City and subsequently identified in neighboring counties (1). In response, an extensive mosquito-control and risk-reduction campaign was initiated, including aerial and ground applications of mosquito adulticides [ ! ]throughout the affected areas. No human WNV infections were found in New York City with an onset date after the campaign was completed. Cases continued to occur among humans in
surrounding counties that did not undertake mosquito-control efforts until later, suggesting that the campaign may have reduced human risk. In May 2000, CDC issued guidelines to direct national surveillance, prevention, and control efforts (2) and provided funds to support these efforts in 19 State and local health departments where WNV transmission had occurred or where transmission would probably occur based on known bird migration patterns. This report presents the findings of surveillance activities.

From May 6 through July 8, 2000, State and local health departments confirmed WNV infections in 26 birds from five counties in New York and New Jersey. Twenty-one infections have been confirmed in American crows in New York and New Jersey, four in blue jays, and one in a red-tailed hawk. The first infected crow was found May 22 in Rockland County, and the most recently infected crows were found July 6 and 8 in the same county.  Fourteen infected crows identified in New York were found in Rockland
(eight crows), Suffolk (three), Westchester (one), and Richmond (Staten Island) (two) counties. Seven infected crows were found in Bergen County, New Jersey. Rockland County also identified four blue jays with WNV infection, and one infected hawk was found in Westchester County. WNV has been detected by polymerase chain reaction molecular methods in mosquito pools collected in Westchester County (_Aedes japonicus_) and in Suffolk County (mixed _Culex_ species). No cases of human or equine infection have been reported in the region or in surrounding states.

(Reported by: A Novello, MD, D White, PhD, L Kramer, PhD, C Trimarchi, MS, M Eidson, DVM, D Morse, MD, P Smith, MD, State Epidemiologist, New York State
Dept of Health; W Stone, PhD, Dept of Environmental Conservation, Albany; Rockland County Health Dept, Pomona; Suffolk County Health Dept, Hauppague; Westchester County Health Dept, New Rochelle; J Miller, MD, M Layton, MD, New York City Dept of Health. Bergen County Health Dept, Paramus; W Crans, PhD, Rutgers Univ, New Brunswick; F Sorhage, DVM, E Bresnitz, MD, State Epidemiologist, New Jersey Dept of Health and Senior Svcs. National Wildlife Health Center, US Geologic Survey, Madison, Wisconsin. Arbovirus Diseases Br, Div of Vectorborne Infectious Diseases, National Center for Infectious Diseases, CDC.)

MMWR Editorial Note:
WNV is transmitted readily by mosquitoes. _Culex_ species were the primary vectors of WNV during previous outbreaks and epizootics; however, WNV also has been isolated from many species of _Aedes_ and _Anopheles_ (3). In New York, WNV was isolated primarily from _Culex_ species mosquitoes during the 1999 outbreak; WNV also was detected in overwintering _Culex_ species in New York City. These findings suggest an important role for these species in the transmission of WNV in the United States. _Aedes japonicus_ was detected recently in the United States, and research is needed to determine the flight range and feeding behavior of mosquitoes and to better understand the risk for transmission to humans.

The susceptibility of crows to infection and death is a sensitive surveillance tool that is unique to the United States (4). No data exist from which to infer the mosquito WNV infection rate associated with a small number of dead crows in an area, or to infer the risk to humans. Data also are lacking to infer where and how the dead crows acquired infection. Time of year and reproductive status of the crow population may be used to
indicate whether transmission occurred locally. On the basis of the known nesting habits of crows, the finding of infected crows in early summer suggest local transmission in Rockland, Westchester, Suffolk, and Bergen counties. Data from the U.S. Geologic Survey's National Wildlife Health Center indicate that crows infected with WNV are likely to have high viremias and also are likely to be sedentary approximately 4 days before death, suggesting that they can be a source of WNV for mosquitoes in areas where they are found (National Wildlife Health Center, unpublished data, 2000).

On the basis of the surveillance indicators described in this report and the phased response plan (2), CDC recommends the following for those areas where evidence suggests local transmission of WNV:

- Intensify local and regional _Culex_ mosquito larval control to prevent the emergence of adult mosquitoes that feed on birds and may contribute to the virus amplification/transmission cycle.

- Expand and intensify surveillance activities in and around areas where WNV-infected birds are found. Additional surveillance data about the species population densities, virus infection rates in mosquito vectors, seroprevalence in resident wild birds (e.g., house sparrows), and seroconversion rates in sentinel chickens will permit a more accurate interpretation of dead bird surveillance data and the relative risk for
human disease.

- Continue active WNV surveillance to determine the presence of new or expanding WNV transmission foci.

- Reinforce public education and outreach programs to reduce mosquito breeding sites around the home and use personal protective measures. Implement, if necessary, focal adult mosquito control to reduce the number of virus-infected mosquitoes, thus reducing the immediate risk to humans. Mosquito species that feed on birds probably are driving enzootic transmission in 2000 and probably are the vector for human cases (5). Adult mosquitoes should be controlled within approximately a 2-mile radius around
the area where a WNV positive dead bird or infected mosquitoes are found. This radius depends on the length of time between transmission of the virus and the execution of control; as the time period increases, larger areas must be treated.

- Consider aerial spraying of adulticides in areas where WNV transmission is sustained and further amplification is evident despite intensive local mosquito control efforts.

- Monitor adult and larval mosquito control efforts to ensure that the control programs are effectively reducing vector mosquito densities and virus infection rates.

- Counties where WNV transmission occurred in 1999, but has not been identified in 2000, should maintain active surveillance for WNV and continue larval mosquito-control, such as controlling larval mosquito habitats, particularly around homes in suburban and urban areas and monitoring _Culex_ larval habitats regularly for mosquito breeding. 

References
[1) CDC. Update: West Nile virus encephalitis---New York, 1999. MMWR 1999;48:944-6,955.
(2) CDC. Epidemic/epizootic West Nile virus in the United States:
guidelines for surveillance, prevention, and control: a workshop
cosponsored by US Department of Health and Human Services, CDC, and US
Department of Agriculture, Fort Collins, Colorado, November 8--9, 1999.
Available at
.
(3) Hayes CG. West Nile fever. In: Monath TR, ed. The arboviruses:
epidemiology and ecology. Boca Raton, Florida: CRC Press, Inc., 1989.
(4) Komar N. West Nile viral encephalitis. Rev Sci Tech OIE 2000;19:166-76.
(5) CDC. Update: West Nilelike viral encephalitis---New York, 1999. MMWR
1999;48:890--2.

--
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JUDGE REJECTS MISTRIAL IN CAROL MARDEUSZ CASE.


SHOW OF SUPPORT: Carol Mardeusz is given a hug by her attorney Patricia Barry during a mid-day break in Mardeusz's trial in Marin County Superior Court yesterday afternoon.
Photo: Jeff Vendsel

By Guy Ashley

A defense lawyer for a Novato woman on trial in a heated child custody case said a mistrial should be declared because publicity about a strange package and lewd message sent to the judge caused irreparable harm to her client.

But the trial was ordered to go on by Superior Court Judge Verna Adams, who on Tuesday received the mysterious package containing a Barbie doll dressed in a black robe, a newspaper clipping and a postcard laced with profanity.

The mysterious mailing was received by Adams on the same day that the judge found lawyer Patricia Barry in contempt of court and ordered her confined to a holding cell for an outburst Barry made during the heated trial of Carol Mardeusz of Novato.

Witnesses said that shortly before she was led from the courtroom, Barry shouted "whore!'' at both Adams and Prosecutor Kelly Vieira.

To anyone who deemed the mysterious package a payback to Adams for her contempt order, Barry cast the event in a wholly different light as the three-week trial wrapped up yesterday. She said the package and ensuing outcry were "bogus'' attempts to vilify Mardeusz, who is on trial for perjury and two counts of attempted child abduction.

"The whole thing was designed to slander and impugn my client,'' Barry said.

She demanded jurors be polled to see if any had read news articles about Barry's outburst, the package and the contempt order. Adams denied the request because she has repeatedly warned jurors to refrain from reading news accounts of the trial. Adams later asked the jury as a group if anyone had been exposed to publicity about the explosive events. When the jury was silent, she ordered the trial to continue.

Mardeusz, 44, is charged with attempting to break a court custody order by falsifying papers and serving them on the Rohnert Park elementary school where her daughter attends class. The girl, now 9, was placed into the custody of her father in 1995 after a heated court battle in Sonoma County, according to Marin prosecutors.

The trial is being watched closely because it is at the center of a petition drive seeking the recall of two top court officials in Marin.

Marin Superior Court Judge Terrence Boren and District Attorney Paula Kamena both are accused of wrongdoing in their handling of the Mardeusz case, which is cited on petitions now circulating in Marin that seek support for an election next May to recall both officials.

After nearly three weeks of testimony, the case went to the jury late yesterday after lawyers on both sides presented their closing arguments.

Vieira closed her case by telling jurors that Mardeusz' claims of being confused by a long string of court custody orders held no weight. The defendant's own writings confirmed she knew the girl's father had legal custody of the girl on the day in 1998 when she presented papers signed by a Marin judge on officials at the school, Vieira said.

And two months before the incident, Mardeusz asked a Sonoma County judge to vacate his order granting custody of the girl to the father, an ex-boyfriend of the defendant named Leo Magers.

If she was so unclear about who had legal custody, Vieira asked, then why did she ask a judge to vacate the custody order?

But Nedra Ruiz, co-counsel for the defense, said Mardeusz went to Marin Judge Michael Dufficy for custody order out of sheer desperation to see her child, not a criminal desire to abduct her daughter.

Ruiz said a desperate Mardeusz went to Dufficy because "she was being shut out in Sonoma County,'' where Mardeusz' access to the child was cut off and she was repeatedly denied hearings to present her side of the custody dispute.

The fault for this calamity, Ruiz said, lay with an attorney for Magers who successfully obtained 18 consecutive continuances of Magers' temporary custody order, effectively leaving Mardeusz out in the cold without ever getting the chance to assert her rights to see her own child.

"It's easy to abandon a car,'' Ruiz said tearfully. "I guess we've all walked away from bad investments. But Carol couldn't walk away from her own child.''

Jury deliberations are scheduled to begin this morning.

Contact reporter Guy Ashley via e-mail at

MARIN COUNTY JUDGE ADAMS THREATENED BY BARBIE DOLL VOODOO AS SHE "HANDLES" TRIAL!

JUDGE ADAMS FINES MARDEUSZ' ATTORNEY AND PUTS HER IN JAIL CELL FOR OUTBURST. 
By Guy Ashley © 7/20/00 Marin Independent Journal.

The trial of a Novato woman charged with using a falsified court order in an attempt to take custody of her young daughter was halted temporarily when one of the defendant's lawyers was held in contempt of court and locked in a holding cell usually reserved for prisoners.

The bizarre happenings in Marin Superior Court on Tuesday were complicated further when the judge who issued the contempt order, Verna Adams, received a mysterious package by special delivery to her court chambers.

The package was opened by court security personnel, who found a Barbie doll inside that was attired in a black robe. A newspaper clipping and a postcard laced with profanity accompanied the doll in the package, Marin Sheriff Robert Doyle said.

"We're investigating it as a suspicious package," said Doyle, who said it is "too early" to determine if the package was intended as a threat to the judge.

"It was not real comforting," said John Montgomery, the county courts administrator.

Things were anything but typical inside the courtroom as the trial entered a third week in the case of Carol Mardeusz, who is charged with attempting to break a court custody order by falsifying papers and serving them on the Rohnert Park elementary school where her daughter attends class. The girl, now 9, was placed into the custody of her father after a heated court battle in Sonoma County, according to Marin prosecutors.

Emotions erupted in Judge Adams' courtroom while Mardeusz was on the witness stand testifying on her own behalf.

During her testimony, Mardeusz uttered her oft-aired complaint that custody of her daughter was decided in an "ex parte" court process, which allows one side of a dispute to obtain a court order without a hearing when a judge deems it necessary for emergency action.

The prosecutor in the case, Kelly Vieira of the Marin District Attorney's Office, then noted to the jury that Mardeusz herself had obtained an ex parte restraining order against the father, an ex-boyfriend named Leo Magers.

Defense attorney Patricia Barry didn't appreciate Vieria's parallel. She jumped from her seat and shouted barbed criticisms of her rival, despite Judge Adams' orders to sit down. Barry said Mardeusz obtained the restraining order because she feared she would be harmed, while the ex parte custody order served only one purpose: to deprive a mother's access to her own child.

"This woman denigrates everything women have fought for," Barry shouted, pointing her finger at Vieira.

Adams then halted the trial. Outside the jury's presence, she fined Barry $1,000. When the lawyer continued a stream of high-volume criticisms, Adams had her escorted from the courtroom by court bailiffs, who locked Barry in a holding cell.

It was at least the third time Barry was threatened with contempt during the Mardeusz trial. Barry, a family law specialist from Santa Monica, was told last week by Adams that she had come "as close as a person can come" to a contempt order when she accused the judge of "protecting" Superior Court Judge Michael Dufficy when he was called to testify in the Mardeusz case. Barry claimed Adams hindered her cross-examination of Dufficy when the judge barred her questions about Dufficy's knowledge of federal anti-kidnapping laws.

On Tuesday, Barry was held in the custody of bailiffs for several minutes before being allowed back into the courtroom by Adams, who said Barry could face jail time if further outbursts occur.

When asked outside court how she would respond, Barry said: "I'm going to the state bar. This judge is way out of line." Barry made a similar threat in court last week, when she said she planned on reporting Adams to the State Commission on Judicial Performance, which disciplines judges in California.

At the time, Adams told Barry to "stop using these threats as a way to inflame these proceedings. If you're going to make a report, just do it."

The trial, which took a day off yesterday, will resume this morning in Adams' courtroom.

The trial of Mardeusz, 44, is being closely watched because it is at the center of a petition drive seeking the recall of two top court officials in Marin.

Marin Superior Court Judge Terrence Boren and District Attorney Paula Kamena both are accused of wrongdoing in their handling of the Mardeusz case. The case is cited on petitions now circulating in Marin that seek support for an election next May to recall both officials.

Peter Romanowsky, a divorced father of three who is a leader of the petition drive, said he was questioned about the package yesterday and told it was mailed from his hometown of Sausalito.

Romanowsky said he did not mail the package and doesn't know who did.

"Violence is not an option with us,'' he said. "Besides, who would send something like that from their hometown anyway?"

Contact Guy Ashley via e-mail at

THE NEW FACE OF PROTEST

Village Voice © 2000 http://www.villagevoice.com/

The Birth of a Movement
As convention season nears—the GOP in Philly, the Democrats in L.A.—it's time to agitate. Richard Goldstein looks at how today's protesters diverge from the '60s model; Lenora Todaro measures global activism's growing heat; Andrew Hsiao scratches beneath the whiteness of the Seattle and D.C. demonstrations; Alisa Solomon tells tales of labor resurgent; Chisun Lee illuminates cop-surveillance techniques; Lynn Yaeger surveys the history of protest wear; Andrew Boyd pulls the strings of the puppet state; Wista Jeanne Johnson delves into the violent history of protest; Karen Cook talks to Paul Hawken, natural capitalist; and Jennifer Gonnerman dissects how Bush's candidacy gives death-penalty opponents a shot in the arm. Plus: a protest edition of Mondo Washington, a roster of organizations, and a daily planner for Philly protesters.

Accused mom's testimony clears confusion. Attorney implicated in fraudulent child abduction scheme.
Observation and Opinion by Philip Graf © 2000, Bureau Chief, Coast Writers Syndicate 7/17/00, San Rafael, CA

At last, enough facts are coming out to understand the complex Carol Mardeusz case. It's taken a long time, but the jury in this "attempted child abduction" case finally began hearing from Mardeusz, herself, who took the witness stand Monday afternoon. Examination by defense co-counsel Patricia Barry will continue Tuesday, July 18, at 9:00 AM, in courtroom J, Judge Verna Adams presiding.

Much of the DA's purported case against the single mom relies on her state of mind on the date she is accused of "attempted" child abduction. Did she intend to kidnap her daughter, Haleigh, from Rohnert Park's Helen Lehman elementary school? Or was she rescuing Haleigh, using a court order which she believed to be valid? The many orders are confusing, even to the attorneys, who can be seen shuffling papers while conferring on conflicting documents. Earlier, defense attorney Nedra Ruiz questioned witnesses who, like so many prior friends and relations, testified that Mardeusz's character is impeccable . David Weaver, of Novato, a school teacher and experienced mental health worker said, "she's always spoken and done what's right," and that Mardeusz was a woman of "integrity." Dave Garcia, of San Anselmo, is also a school teacher - and a reserve police officer - who described Mardeusz as an ".outstanding citizen, a great mother" and "honest." Would she violate the law to regain custody of daughter? "No," said Garcia, echoing the sentiments of the whole procession of character witnesses who preceded him last week. No witness has heard words or acts which might indicate that Mardeusz intended to kidnap her own daughter. On the contrary, testimony showed that even though she was on a legitimate visit to family in Michigan, she brought Haleigh back to California, when asked to do so.

When Mardeusz first took the stand, she seemed apprehensive, but as she began to tell her story, she became less self-conscious, as she explained her belief that she had a court order which "represented full custody and final judgment." From Haleigh's birth to the child's abrupt removal on Aug 31, 1995, Mardeusz had enjoyed full legal and physical custody.

Deputy DA Kelly Vieira objected to much of Mardeusz's testimony, which tended to be complete and explanatory, rather than just simple answers. Judge Verna Adams angrily sustained many objections, and admonished Mardeusz not to "lecture." Neither the judge nor the DA appeared to want the jury to have information relating to the events leading up to Mardeusz's mysterious loss of physical custody; or the rationale behind Marduesz's understanding of her custodial status. Judge Adams has consistently ruled that very little of the Sonoma County rulings can be discussed - whether or not those rulings are fraudulent!

"The DA and the judge are doing their best to hide facts from the jury," said Rev. Lynnette Shaw, a court observer. "They've planned their conviction, and made the rules so it can look fair, but they can still fool the jury and get their conviction." Shaw explained, "If you say you are eliminating all the stuff about what each party accused the other of, it sounds fair. But if there's an ounce of evidence against Carol - and I don't even think it's that much -  then there's a ton of real factual evidence against Magers. That's what the DA and the judge don't want the jury to hear, all about how Magers abused Carol, his other girlfriends, and Haleigh."

With her attorney's questioning, Mardeusz got much of her story out, testifying that when she knocked on Magers door, for a court-ordered visit, two armed Rohnert Park police officers answered, grabbed Haleigh, and handed her off to Magers, who ran to the back of the house with the child. The officers said, "you no longer have custody of your daughter," & threw papers at Mardeusz, who testified that was the first notice she'd had that there was to be any change in custody.

In dramatic testimony, Mardeusz explained how Catherine Conner, Magers' Santa Rosa attorney, manipulated the system to steal Haleigh away from her mom, and to give the child to Magers, an admitted drug user who'd been arrested on charges of child abuse and molestation.

"I've never seen this document," exclaimed Mardeusz, answering one question. She testified she didn't receive papers on timely basis. Some, she never received at all, yet found copies in the official court file, much later. File documents didn't match those she'd been given. Multiple orders of about same date were confusing. She tried to resolve the issues with letters to the court, but could not get a resolution.

There never has been a permanent order giving custody to Magers, according to Mardeusz. Conner got a series of temporary orders, "ex-parte," meaning secretly, without the mother being present. Most judges sign such orders routinely, especially when presented by an attorney they know well. Temporary orders expire in about 20 or 25 days, Mardeusz explained. Conner got 40! Forty orders times at least 20 days per order equals 800 days! By using a series of temporary orders, and hiding much of the activity from Mardeusz, Conners succeeded, for the $100,000 she is reported to have been paid, in removing a happy child from loving mother, and placing the child in a documented at-risk situation.

If there is any crime in all this, it is being perpetrated by attorneys and the court system against mother and daughter. For five years, they've been denied all contact. By any measure, that is cruel and unusual punishment - punishment which the Marin DA and judicial system is aiding and abetting, while protecting Magers, and visibly treating him as though he were their client.

Again we must ask, why are the resources of the Marin court system being used to persecute the mother? Could it be that she is a great embarrassment to the system, since her evidence clearly shows a pattern of ineptitude, duplicity, abuse of power, and willful disregard of the facts and justice? Could this be why there appears to have been an effort to entrap her? If Marin citizens and the media wish a good example to expose abuse of power and corruption, and to justify the recall movement, this case appears to do the job.

No wonder the system wants to get rid of Carol Mardeusz! # # # 1075 words © 2000, Coast Writers Syndicate. 707 823-9059

Hypocrisy Over Hillary  
by Robert Lederman © 2000 
 
Original Message ----- From: <

Sent: Monday, July 17, 2000 5:12 PM 

What do an alleged anti-Semitic statement by Hillary Clinton, an NYPD sensitivity training course on the Holocaust, the frat association of GW Bush and a historic agreement by German and American corporations to pay five billion dollars in reparations to WWII slave laborers have in common? 

A lot more than you might think. Mrs Clinton is defending herself from an allegation that during a heated argument in 1974 she called campaign aide Paul Fray-who is not even Jewish-a, fu*king Jew bastard. The Republicans hope that this alleged slur spoken during a passionate argument will convince Jewish New Yorkers not to vote for Hillary Clinton. 

As a Jew-and as someone with no intention of voting for Clinton anyway-I can only say, big deal even if did she say it. There is too much emphasis nowadays on epitaphs spoken in anger and slips of the tongue, rather than on what a person consistently does and advocates day after day. 

We pillory a bigoted knucklehead like John Rocker-who doesn't even set policy for his baseball team-for making moronically ignorant racial comments, yet tolerate blatantly racist policies by elected officials which violate the Constitution and all norms of human decency. If we look for example at the Bush dynasty or at Rudy Giuliani, we may find a lot more evidence of substantial ethnic and racial prejudice than a few words spoken in anger or stupidity. 

According to the NY Post, the NYPD may adopt a sensitivity course, Tools For Tolerance, developed by the Simon Wiesenthal Center in L.A. The course features Holocaust exhibits and lectures designed to help police officers understand that victimizing citizens based on their skin color, religion, sexual orientation or ethnic background is a no-no. 

There is only one problem with this idea as applied to NYC. It misses the reality that the number one bias issue involving the NYPD is that the Mayor is a racist who orders the police to profile, harass and falsely arrest minorities or conversely to ignore reports of crimes when it is politically inconvenient to document them. Teaching police officers to talk politely while they violate civil rights in order to prop up the Mayor's fake crime statistics is an absurdity. No one needs to take this course more than the Mayor himself. 

Let us never forget that this is the same Mayor who dined and posed for photos with world-famous neo-Nazi Jorg Haider as his unique way of celebrating the birthday of Martin Luther King, and who didn't meet with a single Black elected official until the sixth year of his administration. 

This is also the Mayor who brags that he gets all of his policy ideas from the Manhattan Institute, the CIA initiated, Chase Bank funded right-wing think tank that is the preeminent advocate for eliminating affirmative action, throwing people off welfare and privatizing public parks, schools, hospitals and streets in the U.S. 

Manhattan Institute also just happens to have been the home base for Charles Murray while he wrote the Bell Curve, a pseudo-scientific tome advancing the notion that Blacks are genetically and intellectually inferior as a way of justifying the elimination of affirmative action. When the book was published in 1994 the Manhattan Institute gave Murray a public luncheon to celebrate his great literary accomplishment. GW Bush is also surrounded by Manhattan Institute advisors.

[From: NY Times 6/12/2000 Bush Culls Campaign Theme From Conservative Thinkers -Gov. George W. Bush has said his political views have been shaped by the work of Myron Magnet of the Manhattan Institute.] 

The Manhattan Institute founder, Reagan CIA chief William Casey, was involved in bringing top Nazis SS officials to the U.S. after WWII and placing them in influential positions in think tanks, the media, universities, science foundations and U.S. government agencies. The current chairman of the board of Manhattan Institute also heads the William J. Casey Institute of the Center for Security Policy in Washington D.C. Many NYPD crowd control, surveillance and counter-insurgency policy directives are derived directly from handbooks compiled by the Gestapo and the SS. During the past six years these policing ideas have been used by the NYPD against everyone from Black political activists and community gardeners to cabbies and street artists. 

Many of the CIA-sponsored Nazis and Eastern-European Nazi-collaborators brought to the U.S. were the men who actually carried out the Holocaust. The Human Genome Project is just one of many contemporary Nazi-science derivedprograms designed to advance the agenda of Eugenics, the racial science Hitler used as his bible. 

The Rockefeller owned Chase Bank is the main economic sponsor of the Manhattan Institute and is a major partner with the Giuliani administration. The bank was also Adolf Hitler's greatest financial asset, helping him to seize Jewish bank accounts throughout Europe and liquidate gold reserves placed in its vaults for safe-keeping by conquered European nations. 

The Rockefeller family was also the top sponsor of Eugenics programs throughout the world and remains so today. Josef Mengele was one of the more infamous recipients of their generosity. 

The union-busting Museum of Modern Art, a Rockefeller cultural front which insists on displaying art seized by the Nazis from Jews on their way to the death camps, was recently given a $65 million gift of tax money by Mayor Giuliani at the same time he was arresting artists and cutting art funds to schools, museums and libraries. 

Prescott Bush, the grandfather of presidential candidate GW Bush, was a partner in Brown Brothers Harriman, where his job involved acting as an American agent for Nazi shipping companies supplying Hitler in preparation for WWII. In 1942 the U.S. Congress seized these assets as we entered the war under the Trading With The Enemy Act. According to a 7/17/2000 article in the NY Observer, Skull and Bones, the elite secret society that both GW and George Bush belonged to in college and which paved the way for many of their later political and financial associations, has an attractive Nazi shrine. 

As CIA chief, Vice President and later President, George Bush helped supply Sadamm Hussein with the laboratories, factories, scientists and raw materials to manufacture biological and chemical weapons of mass destruction while German corporations did a lot of the actual construction. These weapons were intended by Iraq to destroy Israel and Iran. 

GW Bush, who at the instigation of a number of top academics at the Manhattan Institute has ludicrously billed himself as a compassionate conservative, has a unique take on the idea of compassion. His most outstanding accomplishment as governor of Texas has been to set a record for executions barely equaled by all other contemporary US governors combined. 

During the 1930s numerous States in the U.S. wanted to legalize euthanasia for chronic criminals-an idea that GW seems to be positioning himself as a key advocate for. Hitler publicly acknowledged his gratitude to the U.S. for creating the Eugenics sterilization laws that were the model for his Nuremberg laws mandating forcible sterilization and euthanasia for mental defectives and victims of hereditary disease. These laws eventually paved the way for the Holocaust. Among the Nuremberg Laws was a prohibition against racially-mixed marriages, the same ideology at Bob Jones University where GW proudly spoke earlier this year. 

The biggest obstacle the Nazis had to instituting racial laws was that it was difficult to determine with certainty a persons racial background. Modern DNA technology and the Human Genome Project will make that a lot easier. Mayor Giuliani has publicly advocated taking every child's DNA at birth. 

A number of the top corporate interests in the U.S.-the kind of companies that the Republicans believe should have no governmental regulations restricting their freedom-were active partners with Hitler both before and during WWII and have publicly admitted using millions of Jewish and other minority slave laborers to operate German subsidiaries of U.S. owned factories which were arming the German military. 

My point is that if we are going to bring up a three word anti-Semitic insult Hillary Clinton allegedly said in 1974 during an argument then it is far more valid to bring up the very real part that the Bush family, leading corporations allied with the Republicans and think tanks and banks associated with Mayor Giuliani played in helping Hitler try to kill off the entire Jewish population of the world. 

Even more relevant today is that many of these same interests are behind current efforts to depopulate Africa, Latin America and other third-world areas by encouraging war, disease, tainted vaccines, the use of toxic insecticides and the introduction of untested genetically engineered foods. Of course, let us not forget where they do a lot of the field testing for these programs-right here in New York City under kinder, softer, gentler Mayor Giuliani and his work shall make you free administration. 

On a only slightly different note I find it fascinating that after six-and-a-half years of personally crediting Mayor Giuliani with crime reduction the NY Times has finally acknowledged that his claim to crime-fighting fame may by as illusory as his other supposed accomplishments. A 7/17/2000 article entitled, Some Truths Behind Those Fine Statistic comes to the exact same conclusion I and a few other non-mainstream commentators have been stating since 1994-that Giuliani is an abject liar about his success in stopping crime. Did the NY Times just realize this or were they saving it for a slow news day? 

Notes:

NY Observer 7/17/2000 "The most shocking thing," the source told Mr. Aronson, "and I say this because I do think it’’s sort of important––I mean President Bush does belong to Skull and Bones …… there is like a little Nazi shrine inside. One room on the second floor has a bunch of swastikas, kind of an SS macho Nazi iconography. Somebody should ask President Bush about the swastikas in there." 

Monday,July 17,2000 N.Y. COPS HEAD WEST TO TEST TOLERANCE COURSE By MURRAY WEISS Two city cops and a prosecutor are flying to Los Angeles for a weeklong sensitivity course that the NYPD may adopt for its 38,000-member force, The Post has learned...The center will be bringing its 5-year-old sensitivity course to New York City next January when it opens a $5.2 million training office on East 42nd Street...The tolerance program combines Holocaust exhibits and lectures - including powerful presentations from survivors and a former neo-Nazi recruiter - with interactive, role-playing sessions that end with tough discussions about personal reactions to real-life situations..."It's about understanding the whole experience of victimization in a direct and poignant way....We take at look at today's hatemongers, who have gotten rid of their goose-stepping boots, but their message is as bad," Geft said. 

NY Times 4/29/2000 A Fund Is Planned by U.S. Companies for Nazis' Victims ""A group of American companies that had factories in Nazi Germany plans to establish a fund that would aid people who suffered persecution under Hitler's rule, a gesture that comes as more American multinational corporations acknowledge having benefited from slave labor during World War II...At least 50 American companies operated factories in Germany during the years that the Nazis were in power, which began in1933. American companies continued doing business in Germany after war broke out in 1939. Some remained there until late 1941, when the United States entered the war...Ford, General Motors, Exxon-Mobil and Kodak are among a growing number of American multinationals that say they have found evidence that their subsidiaries used forced labor during those years. 

Daily News 12/7/98 Chase Banked On Nazis - Report ""Chase National Bank, the precursor of today's Chase Manhattan Bank , allegedly helped the Nazis plunder Jewish property in France during World War II, according to a published report. The New York-based bank controlled by the Rockefeller family closed Jewish accounts even before the Germans ordered them to do so and did business with the Nazis while they were sending Jews to the gas chambers, Newsweek magazine reports in this week's edition... subsidiaries of Ford and General Motors have been accused of forcing thousands of Jews, Poles and others to work as slave laborers.""

Daily News 2/23/2000 Chase Manhattan Corp. apologized yesterday for aiding Adolf Hitler's Third Reich by converting German marks into U.S. dollars between 1936 and 1941..."We have a responsibility to make this information public and wish to express our sincere apologies to the Jewish community and to the American public." Chase does not, however, intend to make financial reparations for the role it played in aiding Hitler and the Nazis. US News and World Report 12/14/98 Now, American firms face Holocaust claims Finger-pointing at the Swiss comes full circle U.S. bombing reports from the National Archives indicate that GM's Adam Opel subsidiary supplied 15 percent of the 100,000 trucks produced annually for the Nazi war machine. 

Boston Sunday Globe 2/22/98 The mayor has a very close working relationship with the Manhattan Institute," Giuliani's communications director, Crystine Lategano, said...Another sign of how much New York has changed: The most influential source of political ideas is a conservative think tank that was founded by Margaret Thatcher's mentor and Ronald Reagan's spymaster.

NY TIMES 4/24/98 MOMA Gets $65 Million for Expansion Mayor Rudolph W. Guiliani pledged Thursday that the city would contribute $65 million over the next three years to help pay for a major expansion project at the Museum of Modern Art...Facing its huge price tag, trustees from the museum's expansion committee, including David Rockefeller, the real estate developer Jerry Speyer and Donald Marron, the chairman of PaineWebber Inc., approached City Hall. Mr. Rockefeller, whose mother, Abby Aldrich Rockefeller, was a founder of the Modern, said the city money was "the financial cornerstone" of the expansion. Of the remaining $585 million the museum must raise, he said that about $200 million had been pledged by "the family and trustees." Then he quickly added a qualifier: "When I say family, I mean the museum family, not my family." NY Times July 17, 2000 Mrs. Clinton Says Report of 1974 Slur Is Not True 

CHAPPAQUA, N.Y., July 16 -- Hillary Rodham Clinton summoned reporters to a rare news conference outside her home here today to denounce as "absolutely false" an accusation in a new book saying that she used an anti-Semitic slur in a heated conversation with her husband's campaign manager after Bill Clinton lost his first race for Congress in 1974..."It did not happen," Mrs. Clinton said, adding: "I have never said anything like that. Ever. Ever." 

Also see NY Times July 17, 2000 Some Truths Behind Those Fine Statistics by Joyce Purnick Robert Lederman, President of A.R.T.I.S.T. (Artists’’ Response To Illegal State Tactics) (718) 743-3722 http://www.openair.org/alerts/artist/nyc.html

DA's costly prosecution of mother ignores plight of child. Judge Adams fines Attorney. 
Observation and Opinion by Philip Graf, Bureau Chief, Coast Writers Syndicate ©  7/15/00, San Rafael, CA.

The trial of Carol Mardeusz, of Novato, will continue at 9:00 AM Monday, July 17. Jury instructions will be argued in Marin Superior Court, Judge Verna Adams presiding. Then, at 1:30 PM, after the past week of prosecution and defense witnesses, Mardeusz, who is seen by many observers to be a victim of an over-zealous DA and the courts, is expected to testify in her own behalf.

 Mardeusz is accused of "attempted child abduction," and several counts of "perjury," based on a 1978 order enforcing her custody. She is a divorced mom of 2 girls: Natalie, age 17, from a prior marriage; and Haleigh, age 10, from a brief liaison with Leo Magers, of Rohnert Park. 

At age five, a terrified Haleigh was snatched from her mother's arms by Rohnert park police officers who handed the child over to the biological father, Magers. She had never spent an overnight with Magers. The officers, alleged to be friends of Magers, tossed some papers at Mardeusz, according to a witness. That was the only notice to the single mom that physical custody was to be transferred to Magers, an admitted drug user/distributor. 

According to defense attorneys, Magers paid $100,000 to Catherine Conner, of Santa Rosa, an attorney well-connected with the Sonoma County judiciary. Defense counsel believes Conner used her contacts to have Haleigh handed over to Magers, who had been arrested on evidence of child molestation of the (then) three-year old child. 

The little girl has been under the control and influence of Magers ever since, totally without contact with her mother or her family. During testimony last week, several of Mardeusz's friends and relatives were moved to tears as they recounted the loss of Haleigh. 

Why is Mardeusz marginalized by the very officials who are supposed to protect citizens rights, while the real victim is little Haleigh Magers Mardeusz? Why is the Marin judicial bureaucracy so intent on convicting a woman whose only "crime" is attempting to protect her daughter and herself? Attempted kidnapping? An ordinary person might take a common sense look at the context of the charges, and wonder, "so what?" Not the DA and the judge. Why a full-blown trial on attempted abduction charges, when the evidence is clear that there was never any intent to abduct? Mardeusz believed she had right of custody, and wished to protect her daughter from Magers, who at that time, was being prosecuted in Sonoma County. Mardeusz believes she followed proper procedures, attempting to re-assert custody by presenting court orders at her daughter's school while accompanied by an on-duty police officer and Sacramento psychotherapist Barbara Parrett. Defense attorneys pointed out that Conner created enough conflicting paperwork to confuse the issue, and Mardeusz and Parrett left without even seeing little Haleigh. No evidence has been presented that Haleigh was even at the school at the time. 

This is what deputy DA Vieira is calling "attempted child abduction?" With much more serious matters begging for the DA's time and attention, the entire process has been a questionable use of county assets and personnel. I've counted at least three deputy DAs, two investigators, three representatives of the state Attorney General's office, a half-dozen or more police officers and sheriff's deputies, a variety of court clerks and administrators, and at least four judges. And that's only what's observable. I wonder what the bill to the taxpayers actually is, for this massive, misguided prosecution of a case which defense attorneys and court watchers are convinced should never have been brought to trial? 

Is Vieira covering up her own role in obstructing justice in the Magers investigation, as the defense has claimed? Or, perhaps the system is determined to punish Mardeusz for daring to stand up to it, all alone, for over a year before obtaining the pro-bono services of her attorneys? Last Friday, deputy DA Vieira accused Mardeusz's attorneys, Nedra Ruiz and Patricia Barry, of unprofessional conduct in their spirited defense of the accused mother. Vieira's requests for sanctions weren't granted, but when Barry displayed extreme disgust with one of Judge Adams' rulings which denied showing evidence to the jury, Adams fined Barry $100. 

Judge Adams has ruled the jury won't see affidavits that Mardeusz and her daughters were threatened by Magers; or government documents which show Magers illegally obtained a passport for Haleigh in an altered name. Other evidence suggests witnesses have lied to the Grand Jury, and that Vieira knew they lied. The jury will see none of this, according to Adams' rulings. Adams has warned spectators about displaying their feelings, but outside the court, murmurs of "kangaroo court," "railroad," and "corrupt" can be sometimes be heard. 

Citizens pay for judges and courts to assure justice for all. When public officials squander time and public resources in pursuit of personal vendettas or cover-ups, they not only fail in their duties to one person, they corrupt the system for all. The Marin County DA's office, instead of attempting to protect an innocent child, has instead committed its resources in a costly and suspiciously overzealous effort to convict the mother of a non-crime, while suppressing facts about her daughter's probable endangerment. 

Are judges and attorneys protecting their own kind from responsibility for error, or abuse of authority? Did Sonoma County attorney Catherine Conner use her connections to keep herself from being prosecuted for falsifying official records, as suggested by the defense? 

Adams has ruled that all Sonoma County orders are valid, despite evidence to the contrary, despite the fact that questionable Sonoma County orders are in a state of appeal which will not be completed until after the Marin trial has been completed. This is backwards. Why has Adams not taken the common-sense step requested by the defense, to stay Marin proceedings until the Sonoma County appeal is resolved? If the appeal succeeds, much of the evidence DDA Vieira is relying upon will disappear. Perhaps, as the designated judge to "get Mardeusz," Adams finds too much common sense and fairness in that approach. 

The big question remains, WHERE is Haleigh Magers-Mardeusz? WHY is the DA protecting Leo Magers? How, in good conscience, could any judge who claims an ounce of compassion or a fragment of common sense, not at least order the appearance of this little girl in court, no matter what the apparent status of Sonoma County orders? 

This trial is a travesty of justice, a massive misuse and abuse of authority by the DA and the Marin judiciary, and is an affront to the taxpayers, whose money supports this perverted system. Where are the people of integrity, who will speak out for truth, and stand up against these abusers of authority? Where are the people who will write, fax, phone and e-mail to investigate the misuse of the courts to fool juries so that over-zealous, possibly corrupt DA's can obtain convictions? Concerned citizens can fax the DA at 499-3719; or the Board of Supervisors at 499-3645. Let your voice be heard!

© 2000, Phil Graf, Coast Writers Syndicate  
Sources available. 707 823-9059


Jury Duped! Alice-in-Wonderland Verdict finds Novato mom guilty.
Observation and Opinion by Philip Graf © 2000, Bureau Chief, Coast Writers Syndicate.

7/21/00, San Rafael, CA - "Why, you're nothing but a pack of cards!" said
Alice.


"Vieira is a whore!" said Patricia Barry, referring to DA Kelly Vieira's role in the persecution of her client. It was an emotional indictment of the proceedings against Carol Mardeusz, the Novato single mom accused of the "crime" of attempting to rescue her daughter from Leo Magers of Rohnert Park, a man with a frightening record of violence, drug use, threats, and child abuse. Barry, charging unethical tactics and judicial ineptness, challenged the ".tremendous injustice being done in this courtroom," and accused Judge Verna Adams with maintaining a "thin veneer of civility" covering over "bold-faced fraud" and "corruption."

"God forbid I should show some temper [while] some sociopath like Catherine Conner [gets away with lying, so long as she does it sweetly and civilly]. Conner, Magers' attorney, orchestrated the legal-appearing kidnapping of Haleigh Magers-Mardeusz from her mother, five years ago.

"You're so worried about shouting - the dignity of the court. You have the protection of black robes and bailiffs with guns." But who was protecting an innocent child, asked Barry, crying out "God help us all in this courtroom! [Vieira's] protecting that pedophile. I pity that little girl! I pity you, Judge Adams! These abused mothers and children come to court for protection, and you hand their children over to their abusers!" 

Alice would have been proud. Predictably, Barrry's passionate oratory was lost on Judge Verna Adams, who stopped short of yelling "off with their heads," but did fine the outspoken co-counsel $1,000; and later ordered bailiffs to place her in a holding cell for several minutes.

The Alice-in-Wonderland aspects of this trial have been evident from the outset. Judge Adams ruled on her own disqualifications; the DA exceeded statutory limitations for prosecution; Vieira prosecuted a case against the mom, after first having evidence against the father destroyed; evidence was not allowed in the trial; and Adams repeatedly told the jury that prior Sonoma County rulings were "valid." Since the bulk of the defense was that certain Sonoma County orders were based on fraudulent manipulation, this dealt a severe blow to any semblance of justice. Adams also allowed the prosecution to repeatedly refer to Mardeusz's "criminal" record, ignoring
that her prior conviction misdemeanor contempt citation is under appeal in
Sonoma County. 

The jury deliberated about five hours on Friday, returning a guilty verdict on all counts. They did not look at the defendant, and left the back way. Two jurors contacted refused comment.

"This is a travesty," said Rev. Lynette Shaw, of Fairfax. "The jurors couldn't come to a fair verdict, because they weren't allowed to see all the evidence."

The jury of mostly women was ".duped into participating into what amounts to a kangaroo court, orchestrated by DA Paula Kamena, Kelly Vieira, and Judge Adams - with who knows how many players behind the scenes," said Ron Mazzafero, who researched much of the evidence for the defense attorneys.

The jurors can hardly be blamed. They weren't allowed to see evidence or hear complete testimony, and Adams, like most judges, lied to them about their powers, instructing them that they could not judge the law, nor could they consider the ramifications of their verdict. Judges routinely "instruct" in this manner, but the fact is, the jury has more power than the judge. The jury could have demanded more evidence, could have used its collective common sense, and could have done the one thing which no judge and no public official has had the courage or decency to do anywhere throughout this tortuous journey of a mom deprived of all contact with her child, and a child at risk: they could have demanded that the father, who was present in the
courtroom, bring in the child for examination.

That one act might have brought the light of truth to the proceedings. Instead, a self-serving legal establishment misled decent Marin citizens to become unwitting dupes in the horrendous, agonizing, five-year crime perpetrated on a little child and the loyal mother who will not abandon her.

DDA Viera did a credible job of presenting persuasive "evidence" against Mardeusz. That the evidence was insupportable in the absence of Adams' arbitrary rulings against the defense was apparently lost on the jury. Adams showed hostility and bias against the defendant and her attorney throughout the proceedings. Her repeated ruling that the prior Sonoma County rulings could not be challenged clearly sealed the fate of the falsely accused mom.

When Nedra Ruiz, lead attorney for the Mardeusz defense, wrapped up the case on Thursday, she had to do so with mountains of evidence which jurors were not allowed to see, because of Adams' rulings. A stone couldn't have failed to be moved by Ruiz's defense, but the jurors dutifully followed the judge's unconstitutional instructions, not recognizing that injustice to one is injustice to all.

If the people of Marin fail to learn about their powers as jurors, this sort of travesty will continue. All one need do, is look at the composition of the Grand Jury, which includes at least one sitting judge. How can a Grand Jury which has been infiltrated and influenced by the judiciary be expected to do its primary job of investigating official malfeasance, judicial arrogance, lack of accountability and corruption? The villains are in the DA's office and on the bench, they are abusing the powers of their office to protect criminals and pedophiles, and only a few courageous voices are lifted up
against them. You can learn more by contacting the Fully Informed Jury Association (www.fija.org) or Jail4Judges, POB 207, North Hollywood, CA 91603
(www.jail4judges.org).

And if you haven't yet signed the recall petitions, or joined the broom marchers, now is the time.

Otherwise, as Patricia Barry said, "God help us all."


© 2000, Coast Writers Syndicate, 707 823-9059