THE BAYCITIES OBSERVER
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!
In the never ending persecution of mother Carol Mardeusz by Sonoma and Marin Counties, there is a story that is not being told. This story is about the health and well being of a child named Haleigh, who has been hidden from the only person who has sole legal custody of her, her mother Carol Mardeusz. No one who loved and cherished Haleigh Mardeusz on her mother's side of the family has been allowed to see her or talk to her in the past four years. No independent child advocate, special master, physician and/or attorney has been appointed to examine and/or represent Haleigh Mardeusz. Haleigh has been illegally stolen from her mother and given to her natural father, Leo Magers, a self-admitted cocaine user and an abuser of women. Is this child safe? Is this child still alive? Where is Haleigh Mardeusz?
First, Sonoma County and now, Marin County, have conducted Nazi style trials to try to jail the mother and keep her from trying to protect her youngest daughter from the likes of Leo Magers and his mother, Dr. Betty Magers. For the past year Marin County District Attorney Paula Kamena and her Deputy District Attorney Kelly Vierra have tried to convict Carol Mardeusz on multiple counts of perjury. Kamena and Vierra have known since October 18, 1999 that they do not have a legal leg to stand on, and yet they impaneled a Marin County Grand Jury, deliberately lied to the grand jury, prevented jury members from hearing any exculpatory evidence, deceived the panel, and obtained an indictment of the innocent Carol Mardeusz.
What happened on October 18, 1999 that made the Marin Prosecutor's office aware of the illegal prosecution they were conducting against Carol Mardeusz? The question is straight forward and easily answered. At that time, Ms. Mardeusz was represented by Marin County Public Defender Mark B. Davis. Mr. Davis on that day wrote a memorandum to Kelly Vieira, Deputy District Attorney, on behalf of his client, Carol Mardeusz. It reads as follows:
TO: Kelly Vieira
Deputy District Attorney
FROM: Mark B. Davis
Deputy Public Defender
DATE: October 18. 1999
RE: People v. Mardeusz, SC108449A, next court date
November 2, 1999 at 9:00 a.m., Dept. G.
It is very clear that Ms. Mardeusz' motives are good. She sincerely wants to protect Haleigh from Leo Magers, who she believes to be an abuser and a molester. Ms. Mardeusz has only been in trouble with the law once before -- in a similar situation when she was trying to protect her daughter. This should not be a felony prosecution.
Moreover, it appears that Ms. Mardeusz has a court ordered "right to custody" of Haleigh which is an absolute defense to the alleged P.C. 664/278 charge. As you know, Ms. Mardeusz was originally granted custody of Haleigh, pursuant to Judge Buckley's order of February 21, 1992. This custody order has not subsequently been vacated or superseded. The ONLY subsequent court orders in the matter relating to Haleigh's custody are TEMPORARY and/or EX PARTE orders which cannot constitute orders for a permanent change of custody. They are normally valid for only 20 days when a hearing must take place and a permanent order issue. Family code 3062 and 242.
It is evident that Mr. Magers, and the Sonoma County Superior Court in subsequent EX PARTE orders, and this prosecution are all dependent upon Judge Wong's "Findings and Order After Hearing" of December 12, 1996. Please review this order carefully. Nowhere does it actually directly address the issue of the legal custody of Haleigh.
There is an EX PARTE order by Judge Wong of November 22, 1996, which states that "Leo Magers has sole custody of Haleigh." This is, of course, simply an EX PARTE order, which cannot be permanent, as discussed above. Further, it is based on the assertion by the attorney for Mr. Magers that he has custody, relying upon Judge Wong's order of October 24, 1996 -- an order which in no way directly addresses custody. There is also a similar EX PARTE request and order of October 20, 1998, subsequent to the offenses alleged in the current prosecution. This "order" is not only EX POST FACTO, but EX PARTE and therefore temporary and also based on the inaccurate assertion by Mr. Mager's attorney that there was a current custody order giving Mr. Magers custody of Haleigh. Right now, and in October 1998, the only valid permanent custody order in the case is, and was, the 1992 order granting custody to Ms. Mardeusz, my client.
Ms. Mardeusz cannot be found guilty of count one. As to count two, I will, for now, forego a discussion of the merits because there is a serious question of jurisdiction. This alleged offense occurred in Sonoma County and there has been no even arguable illegal behavior in Marin County related to the Sonoma County facts. This case should be dismissed.
So, if this was the legal opinion sent to Ms. Vieira from Public Defender Mark Davis, why are Marin Taxpayers being forced to incur the costs of prosecuting an innocent and concerned mother when the alleged offense occurred in Sonoma County? Simply, Sonoma County Judges can't deny that the only existing custody order, after a full hearing, grants full legal and physical custody to Carol Mardeusz and all subsequent orders are ex parte temporary orders, obtained without hearings, and have expired. Because several Sonoma County Judges (and their "loyal" colleagues) can't admit their orders were procured by fraud, there are no judges with clean hands left in Sonoma County who can hear a trial involving Carol Mardeusz. Ms. Mardeusz is also a key Brady witness in the Polly Klaas case, thus District Attorney Mullins' office and Sonoma County Judges had conflicts of interest in trying to prosecute Carol Mardeusz in order to protect Leo Magers.
In fact, Ms. Mardeusz successfully disqualified each and every judge in Sonoma County. The Marin Independent Journal recently stated in an article written by Guy Ashley stated that Ms. Mardeusz sued all Sonoma County Judges. That is untrue. Ms. Mardeusz disqualified each and every one for cause; a legal option used all the time by attorneys trying to obtain fair and impartial judges.
Now that Sonoma County has so utterly failed to persecute Carol Mardeusz for trying to protect her daughter, Haleigh, they have given their dirty job to Marin District Attorney Paula Kamena and her Deputy Kelly Vieira.
Why are two counties trying to protect cocaine distributor Leo Magers? The question needs to be asked and answered. That will be my next article. Stay tuned!
By Virginia McCullough © 6/13/00
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)