Mardeusz continues challenge of Marin courts' jurisdiction. Judge Verna Adams contradicts herself on bench. Marin DA fails to protect child, continues to prosecute mother Why? Many theories abound.

San Rafael - Coast Writers Syndicate, 5/17/00 by Phil Graff © 2000

Carol Mardeusz, alleged by DA Paula Kamena to be guilty of the "crime" of "attempted child abduction" of her own child, Haleigh (for whom she holds the only valid custody order, per court records), appeared before Judge Verna Adams Wed, May 17.

For months, Mardeusz has consistently asserted a claim of "once in jeopardy," and challenged the court's jurisdiction, based upon procedurally flawed prosecution by District Attorney Paula Kamena and deputy DA Kelly Vieira. A judge cannot acquire jurisdiction simply by claiming that she has it. Once challenged, the court must prove its jurisdiction. To date, Mardeusz has not received any proof.

Mardeusz has also challenged Judge Adams for bias. At today's hearing, Adams stated that since no disqualification determination had been received, she could not act. Adams noted today's appearance was only because the date had been set by a previous judge, and she could not change it.

Mardeusz objected to jurisdiction, as she's done throughout. Judge Adams, having stated that she had no authority to act, overruled Mardeusz's objection, thereby exercising authority she'd said she didn't have - a very neat trick.

Nor has the court followed the law with respect to timely prosecution. Mardeusz was never arraigned, and the grand jury proceeding which supposedly indicted her was so seriously flawed, that deputy DA Kelly Vieira and DA Paula Kamena could eventually face prosecution for unethical, even criminal acts. Many observers view these  proceedings as an incredibly misguided effort to jail Mardeusz, a mother with no criminal record, while protecting Leo Magers, an admitted drug and alcohol abuser and accused girl-friend beater (affidavit from a previous girlfriend, not Mardeusz). Magers is a man who, according to affidavits, threatened to ".kill [Mardeusz] and all [her] brats."  Reports in the Magers/Mardeusz file clearly indicate that Leo Magers
should not have unsupervised visitation with Haleigh Magers-Mardeusz, let alone custody. Other papers in the file show that Mardeusz holds the only valid custody order in existence.

Yet, Paula Kamena and Kelly Vieira continue to persecute Carol Mardeusz, while not only failing to prosecute Leo Magers, but actually ordering evidence against him destroyed.

Why? And why did Novato police enter Mardeusz's home without a valid warrant? Why, at the time, was Mardeusz's assigned public defender, Mark Davis, unable to obtain a copy of the supposed warrant - a warrant which apparently did not exist until after the fact, and which was altered in a highly suspicious manner when it finally did appear? Why did Mardeusz's repeated appeals to the Attorney General go unanswered? And why did the AG later enter the case to protect the DA, rather than see that truth and justice is served?

Speculation can run rampant, and there is more than a little factual evidence to support many theories. Could this persecution be because it is essential for Marin and Sonoma authorities to jail Mardeusz, or convict her of some crime, in order to discredit her potential testimony regarding Richard Allen Davis and the kidnapping of Polly Klaas? Such testimony, which would indicate that Davis may not have acted alone, could make the police, the sheriff and the FBI look pretty foolish. Could her persecution be because Mardeusz was asked by officials to falsify a transcript she did while a court reporter? Or could it be that there is a pedophile ring, operating in Marin and Sonoma,
which has connections to high places? If so, it would not be the first time that highly placed officials were implicated in child pornography and molestation.

Could it be that judges and attorneys are protecting their own kind from responsibility for error, or abuse of authority? Is Sonoma county attorney Catherine Conner using her connections to keep herself from being prosecuted for falsifying official records, as is suggested by the files? All of these theories, and more, could be suggested by the record to date, and a good investigator may be able to prove them.

But Mardeusz does not need to speculate on theories. Whatever she or others may suspect, or even be able to prove, Mardeusz' case against the Marin DA is so strong that while reporters and investigators may wish to follow every other lead, Mardeusz needs only to stick to the provable facts in her case: 

1.  Deputy DA Kelly Vieira, seeing that she was losing her previous case, re-filed a nearly identical case against Mardeusz. This is sort of like starting a race, and once you see you are losing, re-starting the same race. However, Mardeusz points out that the overlap of Vieira's two cases created a form of double jeopardy called "once in jeopardy," and for this reason alone, Mardeusz maintains the case against her is required to be dismissed.

2.  Deputy DA Vieira misled the Grand Jury, by presenting only part of the complete evidence in the case. Failure to present all the evidence to the Grand Jury.  This is prosecutorial misconduct. Mardeusz filed a timely objection, which has not been adequately answered by the DA.

3.  DA Kamena's office failed to bring their case to trial within the time prescribed by law. Mardeusz has never waived her right to speedy trial within 60 days. The DA blew the time limits, and the Marin judicial system is apparently cooperating with the DA by pretending that there is no limit, or that somehow, it hasn't started yet, over 160 days later(!).

4.  Every judge who's heard the case so far appears to have collaborated with the DA in some manner. It appears they are now pulling out all stops to convict Mardeusz, fairly or unfairly, because if they fail to do so, liability of the county, the DA, and the judges individually could be horrendous. For this reason alone, Mardeusz's motion to disqualify every Marin judge is eminently sensible. How can she get a fair trial by any
official who is connected with the system which stands to lose if she is not convicted?
The truly horrendous aspect of this situation is that this sort of thing goes on all the time, but most people don't know it. It's just that in this case, Mardeusz had enough legal background to stand up to the system, and the system is doing all it can to eliminate her.

The recent recall movement was not started by Mardeusz, or any one person. It is the logical extension of massive dissatisfaction with systemic corruption and cronyism found, not only in the family courts, but also in criminal courts, probate courts, trusteeships and conservatorships. There are small groups of such citizens meeting throughout the county - indeed, throughout the state - to voice their concerns, and to plan how to recapture control of a judiciary which is clearly out of control. The Broom Marches, started in Marin, are being duplicated in other areas. Citizens' Watch Committees and review boards are forming. Recalls and impeachments are being planned. The people have had enough, and they are on the march.

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© 2000 Coast Writers Syndicate
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