For the second time in a week a self-confessed cocaine user and distributor and abuser of children pled no contest in the Solano County Courtroom of Judge Robert Bowers in Vallejo, California. Leo Allen Magers' case (No. VCR 179267) was the only item on Judge Bowers' Friday calendar, October 7, 2005. Attorney Amy Fryer Morton of the Vallejo law firm of Morton & Russo appeared for Magers and handed his plea form and request to appear in absentia to the court clerk. Magers pleaded no contest in absentia to one misdemeanor count of driving under the influence of alcohol. The judge stated he accepted Magers' no contest plea to count 2, a violation of Vehicle Code Section 23152(b) (Click.) The plea has the force and effect of a guilty plea.
Attorney Morton urged the judge to impose only the 2-day county jail sentence required by California Penal Code 23538 (Click.) for first-time offenders. However, Magers' hope for leniency was dashed when the deputy district attorney Darryl Richardson announced to the court that Magers' blood alcohol limit at the time of the hit and run in Benicia was .20, far over the .08 legal limit in California. Much harsher sentencing is required when the blood alcohol is .20 or more. The judge imposed a 4 day county jail sentence with 2 days credit for time served. He also ordered Magers to complete 45 days in a driving-under-the-influence program stating that Magers had 3 business days to enroll in the program and that the program must be completed by November 4, 2005.
Judge Bowers imposed three years unsupervised probation with the conditions that Magers not use alcohol or drugs while driving and that he obey all laws. The judge restricted Magers' driver's license for 90 days and ordered that he could only operate his car for necessary travel to and from his place of employment within the scope of his employment and to and from participation in the alcohol treatment program. The judge also ordered that Magers could be tested for alcohol at any time, and had to drive with a license and insurance, and obey all laws. The judge imposed a fine of $1,287, $100 restitution, $20 court fees, and a $50 testing fee, all to be paid within one year.
Finally, deputy district attorney Richardson moved to dismiss count 1, a count of driving under the influence, which was duplicative of the count to which Magers pled and moved to dismiss count 3, which was a misdemeanor hit and run charge. The judge ordered Magers to pay restitution to the victim of the hit and run charge within 45 days and reserved jurisdiction over the issue of restitution.
According to court papers filed in the Solano County felony child abuse case in which Magers pled no contest to last Monday (Case No. VCR176183 (Click.) he was was also arrested for abusing both his son and his daughter in Paris, France in July 2004. French authorities removed the children from his presence and placed them in protective custody.
This July 2004 incident in Paris violated Magers' probation requirements mandated by the court in Sonoma Criminal Case MCR-401179, a case in which he was charged with two misdemeanor counts against Haleigh for child endangerment and against Baby Lee for "indulging in degrading, lewd, immoral, and vicious habits and practices." Nevertheless the Sonoma County Child Protective Services under the direction of Children Protective Services Director Carol Bauer returned the children to Magers when they arrived home from France.
It is interesting to note that Sonoma County voters defeated their District Attorney Michael Mullins at the last election. Mullins is a friend of Magers according to court papers. Following his defeat at Mullins found employment as deputy district attorney under Solano County District Attorney David W. Paulson. While in Sonoma County, Mullins had prosecuted Haleigh Magers-Mardeusz's protective mother Carol Mardeusz and sought several times to jail her for speaking out about her daughter's abuse at the hands of Magers. Therefore, it was not surprising that when Sonoma County CPS returned his children to him in July 2004, Magers moved from his long-time home just off the golf course in Rohnert Park and purchased a new home in Benicia, California in Solano County where he would once again be under the protection of Deputy District Attorney Mike Mullins, who now headed up DA Paulson's criminal division in the Vallejo courthouse.
Magers' October 30, 2004 arrest for the abuse of both of his children in Solano County, once again called the ethically challenged DDA Mike Mullins into action. Never a man to back away from a friend, Mullins did not recuse himself from the oversight of the case although it certainly constituted a direct conflict of interest. District Attorney Paulson was repeatedly notified of Mullin's conflicts of interest in the Magers' case and left him in place although for the sake of appearances deputy district attorney Teresa Anne Ray was assigned the case. In all the court hearings this reporter attended on this case Ms. Ray was never present.
All of this past history has now boiled down to Magers driving terribly drunk with three teenagers including his daughter in his car and rear-ending a car driven by a female driver. Arrogant as always, Magers offered her $30.00 for her damages and refused to give her any personal information. She was not intimidated and drove five blocks to the Benicia police station and reported the hit and run. The efficient Benicia Police Department responded promptly and Magers was arrested and jailed while the teenagers found a safe ride home.
Up until that incident, Magers was intent on fighting the felony child abuse charges against him. The hit and run and drunk driving arrest on June 13, 2005 were the string that unraveled the facade of Leo Magers, the perfect father, a myth created by the authorities in Somona, Marin and Solano Counties.
This latest no contest plea agreement by Magers capped a ten-year-long struggle over the custody of his beautiful, intelligent and strong teenage daughter Haleigh Magers-Mardeusz. Magers and the courts and Child Protective Services in Marin, Sonoma and Solano County united to create the myth that Leo Magers was the ideal father knowing full well that he was an abuser, cocaine user and alcoholic who beat his daughter on a regular basis. The very same tax-draining courts and agencies called the protective mother Carol Mardeusz "delusional" as she contended Magers was abusing her daughter who should be returned to her custody. Leo Magers' own actions have proven that it is the courts and those agencies charged with child protection that are very "delusional".
Virginia McCullough © October 8, 2005
THE TRIALS OF CAROL MARDEUSZ WHO FOUGHT FOR THE
CUSTODY AND WELFARE OF HER DAUGHTER
by Virginia McCullough
CLICK. UPDATE! THE ROHNERT PARK POLICE DEPARTMENT AND LEO MAGERS
Click. THE WALLS OF SILENCE THAT PROTECT
Click AN OPEN LETTER TO MARIN COUNTY PROBATION OFFICER MARGARET EDWARDS ADDRESSING THE CAROL MARDEUSZ CASE. (8/14/00)
Click. MARIN DISTRICT ATTORNEY PAULA KAMENA HAS A LOT OF ADMIRERS -- PUBLIC DEFENDER MARK DAVIS AND JUDGE VERNA ADAMS BOTH CONTRIBUTED TO KAMENA'S CAMPAIGN FOR DA. DOES THIS AFFECT THE PROSECUTION OF CAROL MARDEUSZ? (6/16/00 )
Click QUESTION: WHO HAS SOLE LEGAL CUSTODY OF HALEIGH MARDEUSZ?
ANSWER: HALEIGH'S MOTHER, CAROL MARDEUSZ.
THEN WHY IS THE MARIN COUNTY PROSECUTOR'S OFFICE DESPERATELY TRYING TO JAIL CAROL MARDEUSZ?
BECAUSE ATTORNEY PAULA KAMENA WANTS TO PROTECT COCAINE DISTRIBUTOR AND USER LEO MAGERS? MARIN COUNTY CITIZENS SHOULD ASK WHY ARE OUR TAXPAYERS' DOLLARS BEING WASTED TRYING TO CONVICT CAROL MARDEUSZ! 6/13/00
Click. Who protects Haleigh Mardeusz.
Click. Haleigh Mardeusz' stepmother found dead on Leo Magers' kitchen floor.
THE SUSPICIOUS DEATH OF 33 YEAR OLD ANNA MARIE CAVAZOS.
Click. Why Did Children's Protective Services (CPS) Fail to Protect Haleigh Magers-Mardeusz?
Click. Where is Haleigh Magers-Mardeusz?
Click. Leo Magers courts Ana Cavazos. A Rohnert Park love story.
Click. Will the Sonoma County Coroner Release the Body of Anna Marie Cavazos to Leo Magers Without Proof of Marriage?
Click. SONOMA COUNTY SHERIFF-CORONER'S AUTOPSY REPORT REGARDING ANA CAVAZOS MAGERS
Click. SONOMA COUNTY SHERIFF CORONER'S INVESTIGATIVE REPORT REGARDING THE DEATH OF ANA CAVAZOS MAGERS
Click. Photo: Ana Cavazos Magers Click. Photos: Haleigh Magers-Mardeusz and her brother Leo
Click. Photos: Leo Magers and his associates and wife Ana
CLICK. COMPLAINT FOR THE ARREST OF LEO MAGERS FOR CHILD ENDANGERMENT
REGARDING GIRL, 11, AND INFANT BOY. (7/10/02)
Click. LEO ALLEN MAGERS PLEADS NO CONTEST TO FELONY CHILD ABUSE OF HALEIGH MAGERS-MARDEUSZ (10/4/05)
Click. LEO ALLEN MAGERS PLEADS NO CONTEST TO DRUNK DRIVING -- .20 BLOOD ALCOHOL CONTENT (10/9/05)
Click. LEO ALLEN MAGERS UPDATE (11/23/05)