On Monday, October 3, 2005 Leo Allen Magers pleaded no contest to felony child abuse of his daughter, Haleigh Magers-Mardeusz. Solano County Superior Court Judge Robert Bowers deferred the judgment and sentence for a period of eighteen months upon the conditions that Leo Magers complete a 52-week parenting course and attend 52 weekly meetings of Alcohol Anonymous. Amazingly there were no requirements for anger management classes and no restrictions on Magers' use of drugs and/or alcohol. Judge Bowers also failed to impose a restraining order on the abuser Magers that would prevent him from further abusing or contacting his victim. It is also interesting that Judge Bowers did not request a probation report to look into the history of this child batterer.
The most recent beating of Haleigh Magers-Mardeusz occurred on October 30, 2004 at Magers' home located at 658 Windsor Drive, Benicia, California. Haleigh had told several of her friends at her new high school that her father beat her on a regular basis and constantly berated her by verbally calling her vile names and swearing at her. The day of the beating she told a male friend that she was afraid to go home and asked him to help her if he could. The teenager told his mother who called the Magers' home that evening altering her voice to disguise her identity. Leo Magers answered the phone and she asked to speak to Haleigh. While the receiver was off the hook the mother could hear Magers' yelling and swearing. She could also clearly hear what sounded like a child being beaten. She left her land-line phone on while she called 911 from a cell phone.
Benicia police promptly responded and arrested Leo Magers citing him with physical child abuse and noting that his speech was slurred. The police transported Magers to jail where he bailed out the next day.
The Solano County District Attorney David W. Paulson charged Magers with Count One of felony child abuse, a violation of Section 273a(a) of the Penal Code, (Click.) naming both of Magers' children, his daughter Haleigh and his son Baby Lee as victims. Count Two, felony corporal injury to a child, was a violation of Section 273d(a) of the Penal Code (Click.) naming only his daughter as a victim. Magers was also charged with committing acts which aggravate the above crimes pursuant to Rules 4.408 and 4.421 of the California Rules of Court. As part of the plea agreement reached between the prosecutor, Leo Magers, and his attorney, Count One was dropped leaving the only child victim named as Magers' daughter.
When discussing the parenting classes condition of the plea agreement in court, Judge Bowers inquired about Leo Magers' X-wife. There was a great silence in the courtroom as the defense attorney and the prosecutor exchanged whispered comments. Then the matter was quietly dropped.
Perhaps the judge was confused thinking that Magers and his daughter's mother were married. They were not. The mother, Carol Mardeusz, had valiantly and repeatedly fought to protect Haleigh from her abusive father only to have the courts in both Sonoma and Marin Family Law Courts turn a deaf ear to her pleas and ultimately jailed her for her efforts. Mardeusz is prevented from seeing or contacting her daughter, Haleigh, under the terms of her probation from Marin County.
The mother of Leo Magers' handsome son, Baby Lee, was found dead in their Rohnert Park home in the first week of December 2001. Anna Marie Cavazos Magers died under suspicious circumstances. According to "officials of the Office of the Sonoma County Sheriff Coroners, who performed the autopsy upon Magers 33-year-old wife, they are certain foul play occurred in her death" as set forth in court papers filed on August 5, 2005 in the Solano County court case against Leo Magers.
The courts continue to deny maternal protection and comforting to abuser Magers' children. The courts also continue to protect Leo Magers from the consequences of his actions.
The Family Law Court Industry and the criminal courts cannot claim ignorance about Leo Magers. He has been featured in many articles in the local press and on the Internet. Over and over again the accusations in the media against Magers are all very similar alleging that his cowardly acts resulted in suffering for his daughter over the past ten years. Over and over again the media reported that the Family Law Courts covered up for Magers' conduct and punished mother Carol Mardeusz.
Background articles on the Magers/Mardeusz history can be accessed at NewsMakingNews.com (Click.) Three articles outline the struggle of a mother to protect her child over the past five years: (1) Why Marin County Protects Leo Magers? (Click.) (2) Who Protects Haleigh Mardeusz? (Click.) (3) Where is Haleigh Magers-Mardeusz? (Click.) On February 1, 2005 the late journalist Jim Scanlon wrote an excellent article for the Coastal Post entitled Mardeusz Recall Case Reemerges: Father Charged with Felon Child Abuse. (Click.)
On June 13, 2005 Leo Magers was driving on East 2nd Street in Benicia with three teenagers in his car including his daughter Haleigh. He rear-ended another vehicle that was stopped at 2nd Street and Highway 780. The female driver of the vehicle pulled over but Leo Magers did not want to give her any personal information and instead offered her $30.00 for any damages to her car. She refused the offer and Magers drove off. She went to the Benicia Police Department and reported the incident.
Shortly thereafter Benicia Police located the Magers' car and administered a field sobriety test on Leo Magers. It was determined that Magers was under the influence of alcohol and they booked him into jail. He was charged with hit and run and driving under the influence (Case No. VCR179267). These charges will be heard by Judge Bowers in a Vallejo courtroom on Friday, October 7, 2005 at 8:30 a.m.
Leo Magers is certainly responsible for his own actions but this is the first time the proper authorities have held him responsible and have not covered up for him. He has repeatedly verbally and physically abused his daughter and constantly and consistently the agencies responsible for protecting Haleigh Magers-Mardeusz have failed to do so because to do so would expose Leo Magers as an abusive serial batterer. The courts in Solano County knew years ago that Leo Magers was a cocaine user, abuser, dealer and distributor. He admitted it under penalty of perjury in yet another custody case. The courts in both Sonoma and Marin counties had hundreds of pages of evidence and countless eyewitness declarations testifying to Magers' abuse of his daughter and the courts turned a blind eye to Haleigh's cries for help. The suspicious death of his beautiful young wife, Anna, and his drunken behavior observed by emergency personnel and emergency room doctors failed to point the finger of suspicion at the abusive Leo Magers. Even with two counts of felony child abuse pending against him Solano County Commissioner J. Paul Coan returned victim witness children Haleigh and Baby Lee to Magers' care last April 1, 2005 in dependency court proceedings. Soon afterwards Haleigh and two of her friends had their lives placed on the line by being in a car driven by the allegedly drunk Leo Magers.
The individuals who helped protect Leo Magers and who helped prosecute Carol Mardeusz must all share the blame for the torture that Haleigh and Baby Lee have lived with for the past years. Had just one person in a position of authority stood up for the children and not concerned themselves with protecting the abuser, the torture these children endured would have ended much sooner. No one charged with protecting children protected the Magers' children. It happens over and over again as Family Law Courts persecute the protective parent and protect the abusive parent. Our taxpayer dollars should not be spent to hide child abuse.
Virginia McCullough © 10/4/05X
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)