After a three year delay, the California State Bar has apparently launched a probe of "Attorney Misconduct" Against Admitted Child Abuser, Marshall Krause.
Over three years ago, in February of 1998 attorney Marshall W. Krause pled "No Contest" to WIC Section 300 (a) & (b) charges of child abuse and endangerment for actions against his own daughter, Alanna Krause, in Los Angeles Juvenile Court. There is also a Domestic Violence Restraining against Marshall Warren Krause, issued by Ventura County Superior Court in 1997 and renewed again in 2000.
Soon thereafter a complaint was filed with the Bar Association by Alanna's mother. The complaint, which asked that Marshall W. Krause be disbarred, was sent on the recommendation of a former California Bar Association Court Judge. The complaint sat for nearly three years until recent public outcry against the Bar's failure to investigate spurred them into action.
Allegations that the Assistant Chief Trial Counsel is purportedly investigating in regards Marshall Warren Krause supposedly include: 1) the Plea of No Contest to being a “current and future danger” to a minor child; 2) Moral Turpitude and; 3) Suborning Perjury.
The issues related to the Marshall W. Krause case and the Karen Winner investigation of Marin County Family Court have been reported in over 50 articles in every major bay area newspaper for the past 2 years. Those papers include the Chronicle, the Examiner, the SF
Weekly, the Pacific Sun, the Marin IJ, and the Novato Advance. Further the story has been covered in the the National Law Journal, the SF & LA editions of the Daily Journal legal news and the Marin Court Reporter. KCAL-9 TV in LA did a three part expose on this case last November.
Marshall W. Krause is the former Counsel, Board Member and Fundraiser for the ACLU of Northern California; Past President of the Marin County Bar Association and partner (of counsel) in the firm of Krause & Baskin. He is still actively practicing as an attorney.
When Mr. Krause pled "No Contest" to WIC Section 300 (a) & (b) charges of child abuse and endangerment for actions against his own daughter, Alanna Krause, the court noted that:
Welfare and Institutions Code 300, (a) and (b) states in relevant part: " (a) the minor has suffered, or there is substantial risk that the minor will suffer, serious physical harm inflicted non accidentally upon the minor by the minor's parent... and (b) there must be evidence that the child is exposed to a substantial risk of serious physical harm or illness."
The LA ruling was based on numerous incidents of Mr. Krause's abuse, which occurred over many years and his inappropriate past and planned placement of a healthy child in a locked, out of state facility.
All charges were investigated by LA social services, who reported that incidents of abuse had been brought to the attention of Marin Child Protective Services nine times and Marin Family Court (Commissioner Sylvia Shapiro), who had failed to take appropriate action.
The LA investigation report was a month long, impartial examination of the Alanna Krause's charges against her father and included testimony and hundreds of pages of evidence.
It reported the evaluation by Dr. Edward Oklan was lacking professionalism and it and the rulings by Marin County Superior Court Commissioner Shapiro-Pritchard were based on "tainted" reports offered by Mr. Krause's family therapist, Lana Clark, LCSW, who had been involved in a "relationship of an intimate nature" with Krause at the time.
Karen Winner reported that Commissioner Shapiro, the attorney she appointed for the minor, Sandra Acevedo, Ed Oklan, Lana Clark and Marin CPS all knew about the abuse and should be investigated for their conspiracy to cover it up.
Despite the documented, actual fact, that Mr. Krause pled No Contest in LA Juvenile Court, several published articles allegedly demonstrate his moral turpitude in publishing untrue statements in the press.
Various newspaper reporters and editors allege that Mr. Krause threatened them with litigation if they did not print his (unsubstantiated) statements wherein he repeatedly denies that he did, in fact, plead no contest.
The various news sources allegedly claim that they couldn't afford to defend themselves against Mr. Krause’s legal actions, even if they were wholly unfounded, because he, as a lawyer could represent himself and incur little or not legal costs, whereas they would go broke defending themselves even if they eventually won. Several papers reported Mr. Krause’s allegedly incorrect statements that: “the juvenile court did not adopt its investigation report”; “the (impartial, unilateral) report was biased”; “all charges against him were dropped,” “adamantly denies that he ever abused his daughter,” and that he “willingly relinquished custody.”
One reporter for the Daily Journal allegedly claimed that Marshall W. Krause denied ever having pled "No contest" to abuse charges.
Mr. Krause's repeated denials of his plea and the LA Juvenile Court findings and rulings may create real and present danger to children in Marin county. Marshall Krause remains actively involved with children in activities of the San Geronimo Community Center, the ride share program of "Go Geronimo" and the student "tutorial" programs in Marin County schools. He has worked on child arts education programs for Lagunitas Public Schools. A news article from the Coast Writers Syndicate alleged that Mr. Krause was named, in another child abuse/custody case, as a pedophile.
In regards "Suborning Perjury," Marshall Krause, an officer of the court, allegedly elicited and paid for false testimony about the mental health of Alanna and her mother from his then girl friend and propertied child therapist, Lana Clark, LCSW. He then allegedly used this false testimony in several legal cases in Marin County Family Court, Ventura County Superior Court, and LA Juvenile Court.
Marshall Warren Krause allegedly submitted the false testimony he obtained from Ms. Clark to the psychological evaluators in two counties, state agencies and private medical facilities.
When Mr. Krause’s 1995 alleged abuse of Alanna was witnessed by her public school teacher and required hospitalization, Mr. Krause used these perjurious declarations regarding Alanna’s mental health to discredit the child’s reports of the incident to her physicians and later to have her inappropriately admitted to an out of state, locked, treatment facility. Keeping Alanna locked up out of state and out of communication, Mr. Krause was able to hinder, delay, and prevent further investigation of his child abuse that might have continued by Marin Child Protective Services and Marin Family Court.
When Alanna ran away from him in 1997, Mr. Krause allegedly submitted the false testimony he obtained from Ms. Clark to various state agencies, including but not limited to, courts and police and social service agencies in Marin, Ventura and Los Angeles Counties. This initially blocked Alanna from obtaining their necessary help and protection by convincing public servants that both mother and daughter were dangerously mentally ill.
In her Op-Ed piece for both the SF and LA July 17, 2000 Editions of the Daily Journal, Alanna Krause had this to say about her father, Marshall W. Krause:
HTTP://www.leadershipcouncil.org/Research/PAS/PAS4/pas4.html (For Full Text)
"My father is an abuser, and living with him was a mental and physical hell and definitely not in my best interests. Yet, in Marin Family Court, that seemed to be irrelevant..."
"My father, a wealthy and well connected lawyer, used his influence and money to manipulate the system..."
"The judge, Sylvia Shapiro-Pritchard, an admitted long-time friend of my father's, rubber-stamped any order my father requested. I wrote the judge letters, called her office and did everything I could to make myself heard. She ignored my pleas. I had no rights."
"Finally, one day my father threw me into a stone wall at school and a teacher called Child Protective Services..."
"...My father panicked. He had worked so hard to build a delicate set of lies to present himself as the well-meaning parent... The truth was his worst fear..."
"Acting quickly, he had my therapist, his lover (Lana Clark), suddenly decide I was dangerously troubled and needed to be locked up. So I, an 11-year old straight-A student who had never tried sex, drugs or alcohol, nor ever been in a fight, found myself in an out of state lock down facility with 17-year old drug-dealing gang-banging street kids.
I was beaten up, taunted and was blocked from communicating with the outside world. I was forced into therapy where they tried to brainwash me into believing my mother was insane, that my father's drug use didn't exist and that the abuse my father inflicted on me was all in my head."
Alanna Krause now lives in safety with her mother. She is a National Merit Scholar and scored a perfect 800 on her SAT verbal exam. She heads to college in the fall.