Walter J. Burien, Jr.

P. O. Box 42

East Brunswick, NJ 08816

Telephone:  (732) 790-9233

Petitioner -  Sui Juris          






                                       IN AND FOR THE COUNTY OF  MARICOPA


In Re the Marriage of:                          

                                                                        )           No. DR 2000-090543

WALTER J. BURIEN,          JR.,                )               

                                                                        )           PETITIONER'S RESPONSE TO

                        Petitioner,                                 )           RESPONDENT AND NJ DYFS

                                                                        )           filings with the court since 11/23/05


                                                                        )           WITH EXIBITS (A), (B), (C), (D), (E),

DEBBIE C. BURIEN (WATTON),             (F), (G), (H), and (I)


Respondent.                                         (Honorable Arthur Anderson)

­                                                                        )


New Jersey State     ]

                                  ]   Subscribed, sworn and sealed

Middlesex County  ]


                        Petitioner / Father, Sui-Juris hereby submits the following; PETITIONER’S RESPONSE TO RESPONDENT AND NJ DYFS filings with the Maricopa Superior court since 11/23/05 by affidavit, with Respondent’s filings now received on 02/15/06 by Petitioner. 


                        Petitioner has now filed herein his Response with the court as noted in Petitioner’s MOTION FOR CONTINUATION OF HEARING SCHEADUALED FOR 02/23/06, received by the clerk of the Maricopa Superior Court at 222 E. Javelina Ave., Mesa, AZ  85210 via US EXPRESS NEXT DAY AIR # ED 758275572 US at 11 AM, signed for by T. Luther. Petitioner

1.        Within Respondent’s EMERGENCY PETITION FOR ORDER TO SHOW CAUSE RE: CUSTODY dated 12/12/05, respondent clearly exhibits flair for fictional portrayals of facts with the exclusion of her own undisclosed participation of complicity in the events discussed which is hereby addressed and disclosed as follows. It is apparent that Respondent did not expect Petitioner to see or to be able to respond to the several blatant and obvious lies presented by her to the court in her motion:


a.        Respondent states several times in her EMERGENCY PETITION that Petitioner was living out of his “car” when it is well known by Respondent that Petitioner traveled to New Jersey in his 30 ft Southwind Motor “Home” that sleeps seven, and is 100% self contained. See Petitioner’s EXHIBIT (A) 1 page; Picture 2 & 3 that shows the exterior of the Motor Home where I and JJ stayed when parked in the back yard of 76 Yorktown Rd. and the back of the 76 Yorktown Rd. house, Petitioner’s Father’s House. Petitioner’s EXHIBIT (B) 1 page; shows the interior and features of his very comfortable and fully equipped Motor Home.


b.       Respondent’s clearly FAULSE statement and implication that Petitioner was “living out of his car” is indicative of the other predominately false statements made by Respondent within this document she filed with the court and as was also predominantly true about her previous filings throughout the propensity of this long standing domestic relations case.


c.        Petitioner made it a point to call Respondent at least once per week so that she could be briefed on status, talk to her son JJ, and JJ and I could talk to Gloria. My last call to Debbie prior to the incident of November 23rd 2005 was on November 20th 2005, in which even from the week before call, I disclosed to Respondent that we had moved from the back yard of 76 Yorktown Rd. to a local church pending our return to Arizona by December 22nd 2005 as required in the recent order of the court.


d.       I had applied for and was approved to move into an apartment complex directly behind my father’s house when my father’s house was sold, but the court required my return to Arizona by 12/22/05 and the apartment complex did not offer month to month but their lease required a 12-month commitment. To facilitate a short stay prior to returning to Arizona, the local church was my 1st choice to relocate to whereby JJ could participate in the church events with the other children at the church and also whereby JJ could continue at Central school. I paid the church $200 rent on 11/20/05 so that JJ and I could park our Motor Home there pending our return to Arizona.


2.        On November 9th 2005, this Petitioner in his efforts to reactivate his business in New Jersey secured an investment of $10,000 from a Dough Reed from the State of Ohio for the specific purpose of reactivating and then sale of a US Patent # 5,638,433 the BRTF held by Petitioner. A fee was then paid to the US Patent office of $3,190 to reactivate the US Patent after a 7-year maintenance fee had lapsed for reinstatement of the patent. Petitioner’s patent in telecommunications was the first UTILITY Patent granted that gave the ability to route calls over the Internet. Recently companies like Vonage, AT&T, Comcast Cable, and Sprint have launched massive campaigns to secure clientele in the call over Internet market place, or as the new phrase refers to it as, “VoIP”. (Voice Over Internet Protocol) The BRTF had Grandfathered in Intellectual property rights based on the claims contained and if enforced for infringement and or licensing could very well establish itself as the most valuable patent in the telecommunication industry easily worth over one billion dollars.  Around November 10th 2005, Petitioner had contacted Jeff Citron, the CEO of VONAGE located in Edison, NJ and after briefing him on the BRTF offered, him first rights to purchase the BRTF patent rights for 2.5 million dollars and other remuneration on an ongoing basis. Mr. Citron was interested and directed Petitioner to contact their head IP Council in Washington D.C., Pat McPhearson to discus acquisition of the BRTF by VONAGE. Petitioner discussed the matter and gave his terms of sale of which one term was for culmination of the acquisition of the BRTF to close by November 30th 2005. Petitioner’s terms were accepted as reasonable and Petitioner then awaited the response from VONAGE to culminate the sale. Attached and marked PETITIONER’S EXHIBIT (C) is a cover story that ran on the front page of a News Paper in Arizona of the Prescott Courier from 1999 that further describes the BRTF and its capabilities.. Petitioner was unavailable to receive the call from Mr. McPhearson for VONAGE due to the events that occurred on November 23rd 2005, and was not able to respond until after January 9th 2006, at which point the deal with VONAGE had turned cold so others were then contacted to proceed in the acquisition of the BRTF and or licensing rights to it.


3.        The predominant reason this Petitioner gave notice to the Maricopa Superior court and Respondent multiple times since 2002 of his intent to relocate to East Brunswick, NJ was for JJ to receive the benefit of the excellent services offered by the East Brunswick, School District and then secondly for him to get to know his grandfather from NJ. As this Petitioner had noticed the Court and Respondent via filed with the court affidavits with one of said affidavits being SIX MONTHS prior to his departure, that HE WOULD be enrolling his son JJ in 1st grade come the beginning of September 2005, was very pleased with the results seen when JJ was finally enrolled.


4.        JJ was thriving in his 1st grade class. It was obvious upon his evaluation by the East Brunswick staff that JJ required much needed assistance based on his delayed capabilities and assistance which was obvious he did not receive in Arizona. In a 2.5-month period, September 6th to November 20th 2005, I witnessed a transformation in JJ that excelled his speaking, writing abilities, math, and social skills. I was very pleased with the results I was witnessing. One primary difference I observed between Arizona and New Jersey school procedures was the mandatory involvement the East Brunswick Schools required of the parents of the child on a day by day basis as well as the after school social activities arranged for the children and parents two to three times per week. My evenings required at least two hours to complete JJ’s homework or to participate in the school’s after hour activities. This was my pleasure to do for JJ, and  JJ was benefiting greatly.


5.        From when JJ began school on September 6th 2005, my daily activities on school days were; up at 5:30 AM to review the Futures market (I was trading one small commodity account for Mr. Reed); I woke JJ up at about 7:30 AM; at about 8:00 AM we would leave the Motor Home and go to the house to have breakfast with Grand Pa Bubien; and at 8:25 AM me and JJ would walk to the bus stop where he would catch the bus at 8:30-35 AM. I would then return to the Motor Home, monitor the market and make and business calls necessary.  At about 3:30 PM I would walk to the bus stop to meet JJ when he returned from school. He was so happy, loved his new school; his new-found relationship with Grand Pa (or Pop Pops as he called him), and the extra activities we were able to participate with. Please see PETITIONER’S EXHIBIT (A) 1 Page; the grouping of pictures under #4 is of a trip JJ and myself took on November 13th & 14th 2005, where I took care of my patent activities at the PTO, and then I had the opportunity to bring JJ to the House of Representatives for the tour; and he also had the opportunity to get a tour of a DC news paper and meet the staff of the American Free Press, where I was interviewed per an editorial article that appeared in that weeks edition. The grouping of pictures next to #5 are from a trip we took the week before on 11/08/05 to the Statue of Liberty where we participated in the tour of Ellis Island and the Statue. I was very happy to see the joy expressed in JJ from these experiences he participated in. My heart was truly happy, more so than it had been for many a year from seeing JJ now prospering to and beyond my expectations.




A.      Several months prior to my departure to New Jersey, my sister Joan who is one year older than I, and of which I had not wished to speak to for over eighteen years since at that time she attempted an incestuous relationship and I declined her advances. Upon Joan learning that I was coming back to visit my father, when my father informed her that I was coming to NJ she called me with a hostile tone and told me not to come to New Jersey. Two weeks prior to my departure for NJ, my sister Joan called again and now threatened me with police retaliation if I came to New Jersey and informed me that she “had power of attorney for the last four months” over my father, and “she controlled everything and also what happened”. Her conduct raised many big red flags with me and I  now became very concerned over what was happening between her and my father’s circumstance. I told her I was coming to New Jersey and that my son WOULD get to know his Grandfather while he was still able to do so, and benefit from the East Brunswick’s “Blue Ribbon” School District.


B.       The general recent circumstances I was aware of per my father were that he had lived by himself in the house at 76 Yorktown Road since his wife, my mother’s death five years earlier, and it had become obvious to me within the phone conversations I had with my father over the last three years that Alzheimer’s was effecting him and its effects were increasing dramatically.


C.       Upon my arrival in New Jersey, it became very obvious to me that my father’s Alzheimer’s was much more advanced then I had thought. When JJ and myself first arrived, my father spent half his day passed out in his chair. It became also obvious to me that he really did not know what was going on in his life excluding short attention span capabilities. He could have a conversation that appeared to be competent, but then upon qualifiers applied or obvious repetitive gestures / comments it became obvious the Alzheimer’s was advanced. My concern then shifted to what my sister’s intent and conduct had and would be in light of my father’s condition.


D.      I learned shortly after I arrived that my sister listed my father’s house for sale $125,000 below market value for a house on Yorktown Road so that it would sell in a very short period and listed the house for sale on the day I arrived in NJ; She also contacted a nursing home for placement of my father the day I arrived; The day after I arrived, she stopped by my father’s house and moved my father’s recent financial records out of the house; I enrolled JJ in school and upon her learning that I was successful in enrolling JJ in 1st grade, she called the school running interference with the school district administrator which prompted the administrator to call me and require that my father personally appear before her and sign an affidavit that JJ and myself were living and going to be living at 76 Yorktown Road; and she called the East Brunswick Police Department to have them tell me I had to move my Motor Home and not park on the street by 76 Yorktown Road; I then parked the Motor Home in the back yard when the Police instructed me that I could not park the Motor Home on the street.


E.      A week or two after my arrival, I had managed to increase my father’s activity level and he now stayed up most of the day and when JJ was there, JJ kept him going. In discussions with my father, I learned that he did not remember that he had a net worth of 1.2 million dollars going into 2001. He thought he never had any money let alone 1.2 million; I then informed him that going back to August of 1998 prior to my mother’s death, that his net worth was at $734,000 and he thought that in no way did he ever have even a net worth of that amount. Now even though my sister had moved out of the house what she thought were all of my father’s financial records, she did not take his pre 1999 records. I told my father that I would show him that in 1998 in “his own records” that he prepared, it showed $734,000. He did nor believe me, but then when I brought back his OWN records of net worth from the end of 1998, he looked at it with amazement and spotting items listed saying he would have to look into that, and that, and that…. 


F.      When I presented the possibility to my father that Joan may have been taking liberties with his money over the last several years due to his condition, he could not fathom that possibility and only thought that Joan had done everything for him and “she would never do that!”. Well, seeing that my sister and her new boyfriend were driving new $35,000 - $40,000 vehicles, the degree of interference being run by her, the fact that my father was paying for lucrative breakfast, lunches, and diners for her and her boyfriend four to five times per week; she was getting long time friends of hers to cut the lawn, clean the gutters, and shovel the snow throughout the year who were charging two to three times what they should have; medication was being given to my father at the direction of my sister via several doctors she was bringing my father to that was for all intents and purposes the medication he was taking was having the effect of knocking him out and it appeared was severely exaggerating his condition; it became very evident to me that I should not have delayed in my return to New Jersey, and should have come back when I first intended to upon closing my business in Arizona at the end of 2002 and I may have been able to have better protected my father and also the family inheritance left by my mother and now questionably being exploited by my sister.


G.       I learned from my father that my sister Joan AND my next older sister Susan who had been designated by my father to be the executor had manipulated my father two years after my mother’s death into canceling the “Irrevocable Trust” in which my mother and father had created when she was still alive. That Irrevocable Trust restricted the use of the surviving spouses assets whereby the assets would go into an investment trust that would exclusively generate a dividend check to the children, grand children, nieces and nephews. Their was a stipulation for a payment for a set dollar amount from the principle to be made to each of the four surviving children on top of the intended annual dividend checks that were to be issued for decades to come after the death of the surviving spouse.. 


H.      The issue to me per the power of attorney that my sister Joan had secured was that she kept herself from being bonded and had the ability to move, loan, make payments to herself, boyfriend, or other friends, or invest without any oversight from any party as long as she kept the degree of my father’s condition and true lack of competency hidden. My Father did not even know how much his house was being sold for, when it sold, and to whom it sold. He did not have copies of any contracts or agreements Joan had presented to him, for him to enter, such as the real estate agreement for sale of the house or even the power of attorney signed by him. Joan refused also to provide me with a copy of the power of attorney she had over my father.


I.         Joan like a Stradivarius Violin was playing my father and he thought Joan could do no wrong and was from the kindness of her heart unselfishly helping him out. By the end of September 2005, it was growing very increasingly clear to me that I had to take court action to prevent the liberation of my father’s assets through the hands of Joan and others.


J.        I called several attorneys I knew from East Brunswick and briefed them on what I had observed and they recommended that I speak with a Barry Weisberg, from Woodbridge, NJ. Mr. Weisberg was the top adult Guardian appointed by the courts in Middlesex County for many years and now exclusively worked in private practice. I met with Mr. Weisberg on October 17th 2005 at his Woodbridge, NJ office and disclosed the circumstances surrounding my father that I had observed, and he said he would file an Order to show cause to protect my father and get an accounting of what happened to my father’s assets over the last three years, and if Joan and or Susan were found to have taken advantage of my father to the degree which it appeared could have been the case, ($200,000 to $400,000) then she / they would be responsible for restitution. Mr. Weisberg required a $5,000 retainer to move forward on this. My circumstances did not allow for $5,000 to be paid to Mr. Weisberg unless my patent sold or if my market trading activity allowed for this. In the event that I became able, I would move forward with retaining Mr. Weisberg and was working to that end.


K.      My sister was attempting to the best of her abilities to bump me out of the picture.  I had secured the services of Comcast Cable for high speed Internet in my name for connection to my Motor Home parked in the back of 76 Yorktown Road.  I utilized this to facilitate my trading activities and my phone was through VONAGE, which utilized the high speed DSL connection to function. Joan manipulated having this account in my name being disconnected four (4) times in a period of three (3) weeks by pretending she was acting in my name or inference that her power of attorney gave her the right to cut off my Comcast service. Steps were finally taken by the service provider to keep her from entering orders for disconnect and changes to the service could only take place if I came to their office in person to do so.


L.       On October 15th 2005, Joan moved my father into a nursing / assisted living home that charged $4,400 per month. On October 13th, I had a conversation with my father per him not going into the assisted living home until the house sold. That JJ and I wanted to spend as much time with him as possible. He agreed that he did not want to go until the house sold. I told him it did not matter if he did not want to go, Joan would make sure that he did go on the day she wanted. He said “what is she going to do, carry me out of here?” I replied back to him, no she would not have to. She would only have to have her boyfriend take you out to breakfast and arrange for the move to take place while you were gone and then tell you when you got back that it was all your idea and how great it was. My father told my sister he did not want to move until the house sold  and the following day on the 15th of October 2005, exactly what I said above occurred, and my father was moved out of the house, the house was subsequently sold for approximately $515,000 and the house was closed for sale at the end of January 2006, thus putting another $515,000 under Joan’s control with her still not being bonded.


M.     On the 13th of October knowing that if my sister got her way and my father was moved out, that she would step up the pressure to have me eliminated from the picture by whatever means possible. It came to my attention that Joan had made contact with Debbie and the Fullers back in Prescott about two weeks after I had arrived in New Jersey and had established an ongoing dialogue with them. What treachery was being hatched between them, this concerned me greatly.


N.      My father could not believe that Joan was doing anything wrong. I told my father that upon Joan moving him out, she would then move kick JJ and me out prior to the house selling. My father assured me she would not do this. I said she would. He said “he would not allow it”, so I said “put-it-in-writing”. At that point, I prepared a four (4)-point document. Point one was to protect his telephone number 732-254-5652 he has had since 1964 so that it would not be disconnected; point two was to protect the Comcast Cable account now established in my name so that it would not be disconnected arbitrarily by Joan; point three was that in the event of the sale of the house at 76 Yorktown Road with a buyer, which would usually close within thirty days after sale, that I was to be given thirty days notice to relocate from 76 Yorktown Road (he wanted to give me sixty days but I told him if he was not here, I had no reason to stay and thirty days was fine); point four was granting me the right to review my Father’s financial affairs and contracts being made in his name by other parties and if I saw a problem clearly against his interests, to bring it to the attention of an independent third party for correction. We went to a branch of his bank PNC Bank and the document was notarized there. Attached and marked PETITIONER’S EXHIBIT (D) is a true copy of the four-point agreement signed by my father.


O.      The Maricopa Court by this time had now ordered the return of JJ to Arizona by 12/22/05, of which I was begrudgedly preparing for. I was moving to close the deal with VONAGE for the sale of my US Patent which would allow me to retain Mr. Weisberg; and secure a nice house in Mesa, Arizona upon my return to Arizona in December; and facilitate appropriate court action in Arizona to protect my and my children’s interests in Arizona.


P.       With my father now out of his house, Joan stepped up the activities to bump me out of the picture. She got a valid offer on the house come around November 8th 2005, and I was given written notice by her that she prepared and had my father sign on the 9th that gave two (2) days notice for me to move the Motor Home and be gone by 3 PM on the 11th of November 2005. Come the 11th of November at 3 PM, Joan and my sister Susan appeared on location, disconnected my Comcast Cable, opened the RV Gate in the back yard and said bye. My father was brought to the house after Joan had worked on him for several days giving my father the impression that the house was sold that week and the people that bought it wanted to move in within a day or two, so he had to agree with them that I must leave at that time. In reality, the buyers closed and took possession of the house over two months later in late January of 2006.


Q.      The police came and said I had to leave being that my sister had power of attorney, so I left. With the two days notice given by Joan; the requirement to return to AZ by 12/22/05; the Calvary Gospel Church that was close by would suffice as a temporary location pending my departure. I spoke with the pastor David Griffith on the 12th of November and secured agreement from him for that arrangement. Due to the event of the 23rd of November and my inability to utilize the agreement made with him for JJ and myself to stay at the church, he refunded in full the $200 I paid him for rent at the church. Attached and marked PETITIONER’S EXHIBIT (E) 1 Page; is a copy of the refund check issued to me from Calvary Gospel Church.


R.       On or around November 15th 2005, I spoke with JJ’s teacher and the Principle of his school and asked for a meeting to be set at school on March 21st 2005, to update them on the current circumstances, and I informed them that I was going to try to get a DYFS case worker to attend the meeting so that DYFS would be included in with disclosure as to the current circumstances. I gave the principle a copy of the court minutes per JJ’s return to Arizona and the Principle set the meeting for 9 AM at Central School on the 21st of November 2005 where she, JJ’s teacher, and the special ED councilor would be present and possibly the DFYS caseworker if they agreed to attend. I MAKE SPECIAL NOTE that I did not want my sister Joan, or being that I knew Debbie Watton / the Fullers and Joan were talking for them to use DYFS as a weapon under false pretenses against me, and I wanted a case worker there so that DYFS would know that JJ was fine, and they could be briefed per the Arizona custody case and the return of 12/22/05. I made several calls to the local DYFS office requesting a case worker to attend and was informed by several DYFS personnel including a supervisor on 11/17 and 11/18/05 that in the past they could have attended but they could not send a caseworker to attend for the 21st meeting at Central School unless I filed a child abuse complaint. I told them I was not going to do that, so they said they could not send a caseworker.


S.       On the 21st of November 2005, the meeting took place at Central School, I emphasized to the school personnel that I wished for them to complete JJ’s evaluation by mid December; that I was paying rent now over at the Calvary Gospel Church; that I may contest the return order for JJ on the 22nd which was my right to do if I so chose; and that I had tried to get a DYFS Caseworker to attend but they could not attend. I complimented them on the great improvement I had observed in JJ from his participation at Central School; and we discussed the point that the church was just slightly outside of the zoning for Central School and was under the zoning for Warnsdofer Elementary. The principle did not see a problem with JJ continuing at Central considering the ongoing evaluation and the short time until JJ’s return to Arizona. I was concerned that the director of the main School District office would try to bump JJ from school based on the zoning issue of which she, the director was very stringent about. I was assured that would not happen.  The staff also informed me that Troy Brown, Debbie, and my sister Joan had contacted the school and were directed to the city attorney per the comments they made and information they were requesting. They only elaborated as to Troy Brown’s request for records reproduction.


T.       On November 22nd 2005, at 4:00 PM, I had a dental appointment at a Dr. Whiteman from Old Bridge, NJ to have a tooth extracted. The extraction was very painful and resulted with me only getting one hour sleep the night of 11/22nd. I was prescribed Vicodin 750s and also the day before from the referring dentist, Dr. Krupa, Motrin 600s. I took four of each between 5:00 PM and 7:00 AM the night and then morning of the 23rd of November. I also had three impacted teeth in which I was scheduled to come back to the Dentist on December 3rd 2005 for root canals to be conducted on.


U.      On the morning of November 23rd 2005, when I went to start the Motor Home to take JJ to school, the battery was dead for the first time in three years since I had the Motor Home and would not start due to the battery. I then kick off the 3500K generator and hooked up the battery charger. It took an hour to charge. I then left the church and dropped JJ off one hour late to school at 10:00 PM. It was a half-day, on the 23rd due to it being Thanksgiving the following day so that meant JJ would be getting out at about 12:45 PM. I did not leave the school and stayed in the Motor Home at the school parking lot. A bad feeling started to grow on me and my intuition kept telling me that DYFS was going to grab JJ under false pretenses from school. I kept thinking to myself I was just being paranoid due to being up all night from the tooth extraction and the anxiety and severe stress my sister Joan had exerted on me with her conduct and manipulation of my father. But I could not shake the feeling. I then pulled out and read a copy of a statement I had drafted when JJ had been grabbed under false pretenses when he was five months old that led to him suffering health and brain injuries, of which injuries WERE CONFIRMNED IN WRITING BY THE PEOPLE involved and PRESENT with my ex Debbie when she and JJ were with them during a one month period after he was taken on December 8th 1999, when the Prescott Police performed custodial interference by armed force in collusion with a know meth addict and mentally unstable individual by the name of Nora Olivas of which right after the Prescott Police orchestrated their custodial interference, they placed my son JJ and ex Debbie into the hands of to be driven out of Yavapai County to a location unknown to both the Police and myself. I was going to give that copy to JJ’s teacher, and that statement dated January 26th 2000, is hereby attached and marked PETITIONER’S EHIBIT (F) 12 Pages


V.        Additionally, I had filed out a parent permission slip for JJ to participate in a Christmas gift giveaway that was going to take place at the store TARGET on December 15th 2005. I went into the school and approached the principle and gave her the signed permission slip for JJ to participate at which point she said she would take care of it, and then said “I have bad news for you Walter, DYFS is involved now and JJ is going home with them today.”  That was my emotional breaking point with that slap in the face. I replied to her, “no he is not, I am checking him out early, went to his class room and informed his teacher that I was checking him out early and left the school. As I left the school, I was approached by the principle who said to me “Walter, this is a bad move, it won’t work out well for you”. My reply to her was “I must protect my son”. I went to my Motor Home and left the school. I then found out they had a police car waiting for me to leave the school about 600 yards down the road. The circumstances from that point forward and many other circumstances that are relevant are fully covered and attached in PETITIONER’S EXHIBIT (G) with it’s own Exhibits, total 24 pages; in part completed by Petitioner from jail on December 30th 2005 and subsequently filed with the Middlesex County Court on January 23rd 2006, Middlesex County Superior Court case# FN-12-153-06, said here as if displayed, evidenced, and disclosed in its entirety in part and in whole.


Petitioner emphasizes within his EXHIBIT (G) that;


a.        Page 17, of the DYFS EHIBIT B, page 1, dated 11/22/05: top line under Report Name (who made the original report) it lists Debbie Burien.


b.       The report is then taken over with the reporter then to be by the East Brunswick School district administrator from the main office of which was the same individual that Joan had contacted the day JJ was enrolled in school.



c.        The DYFS report also notes contact with Joan on the 22nd and 23rd of November 2005, and it has been learned by this Petitioner that Joan made several calculated and contrived comments to the DYFS caseworker designed with the intent by her to be very detrimental to this father and volunteered to the DYFS caseworker on the 22nd of November 2005, the day before JJ was taken, that she would take JJ in the event DYFS took JJ from school. Her plan was hatching.


d.       Page 22 evidences the active involvement of a Prescott, Arizona CPS caseworker by the name of Goldman. This petitioner addresses Ms. Goldman’s involvement within his EXHIBIT letter of 12/30/05 pages 3 & 4 of 5 that is part of PETITIONER’S EXHIBIT (G). Emphasis is also added to all information brought forward within those two pages.


e.        PETITIONER DID NOT RESIST ARREST. This father when confronted with the taking of his son under false pretenses; and it was latter disclosed to him as viewed in DYFS’s  own records attached here as being their statement that “he was not connected to water” in his Motor Home, a clear fabrication, that was their justification for taking JJ, Petitioner when confronted with the East Brunswick Police officer attempting a traffic stop to take Petitioner’s son, continued driving at a very slow rate of speed as he attempted to call on his cell phone, Ms. Gillespie, his attorney back in Arizona. He was unable to reach her and then attempted to call his father without success, and then did reach one individual where he quickly let that individual know 3what was happening per the circumstances that were unfolding. Petitioner drove for about 10 minutes and then being that the situation was escalating with the involvement of many more police cars, pulled his Motor Home into an industrial park, spotted a truck storage company and pulled his Motor Home into that parking lot to find a place to stop. This father then stopped his Motor Home, and it was surrounded by police officer’s who then proceeded to smash out the windows of the Motor Home. The events that took place here and from this point are in more detail disclosed within the content of PETITIONER’S EXHIBIT (G). Petitioner also notes that in the Police reports and quotes from the officers involved, stated that the event ended peacefully; JJ was not hurt; and I DID NOT resist arrest. The event of the 23rd from start to finish lasted about 15 minutes. There was no thoughtful intent to elude; no intent to cause harm; nor intentional effort to break the law. Petitioner under the circumstances was thrust into a reflex action to protect his son. Nothing more, and noting less.


f.         Petitioner notes that he found out that Joan called the prosecutor’s office insistently and also the jail demanding that an order of protection be issued for her before I was released from jail. She was aware of what she had done and was in a panic to get an order of protection issued. I had no hostility towards her though due to the fact that she was just being herself. There were no surprises here. I got caught of guard for a moment on the 23rd of November and was slammed hard and fast. When I was release by making bail on the 9th of January, the sheriff processing my paperwork told me “now you do know you are to have no contact with the victim your sister Joan?” and I said What? Joan managed to get herself listed as the victim under the charges I was facing so that she could have an order of protection issued.


g.       Petitioner also notes that when he was arrested on the 23rd and then at the first hearing before Judge Ray on the 28th of November that he emphasized that he wished for JJ to have no contact with Joan, and wished that he finish his evaluation at Central School, and that JJ be then returned to Debbie in Arizona by December 22nd.  DYFS initially was contemplating keeping JJ here but at the first hearing I emphasized the point that Arizona had clear venue of which the New Jersey court could not trespass upon. Judge Ray concurred.


h.       Petitioner is diligently working to correct the circumstances he now faces in NJ due to the event of November 23rd 2005. Over $2,000 dollars in damage was done to Petitioner’s Motor Home AFTER Petitioner stopped to end the event of the slow speed pursuit. Most of the damage was repaired buy Petitioner. Dr. Norman Zadeh of California assisted Petitioner, this father with finding and then paying $5,000 to a NJ attorney and then $4,000 to the bail bondsman to meet a $50,000 bail.


i.         Additionally Petitioner is diligently working to secure sale / licensing rights to the BRTF which may be accomplished at any time if the right circumstance present themselves. This could really turn the tide in the short run if accomplished especially in light of the fact that Petitioner’s cash, and financial circumstances were drained to virtually nothing and a severe negative as a result the delayed departure from Arizona and the event of the 23rd of November 2005. Petitioner was, and is currently subsidized by food stamps and cash assistance from the Middlesex County Social Services, case number CO76093.


j.         Petitioner calls his son JJ and daughter Gloria every Saturday. When he reaches them he is confronted with Darlene Fuller or Debbie in the background prompting JJ and Gloria to make comments like “I don’t like you”, “I hate you” or “if you are real good then maybe they will not through you back in jail” as they instruct Gloria also not to talk but to scream on the line so that JJ and I can not here each other talk. I am sorry to say this is nothing new coming from Darlene or Debbie, but the standard and what I have come to expect to come from them. To JJ’s credit, he resists repeating these negative comments and what they instruct him to parrot. Gloria on the other hand has been exposed to this type of negative behavior for quite a longer period of time and parrots more easily these negative comments depicted to her to repeat. I was caught off guard on the 23rd of November 2005 and alas, the consequences are there. I was not-able-to-protect my son at least as those set of circumstances unfolded. I have always maintained to be fair and follow the law and will continue to do so.


k.        I will attempt to defend my children to the best of my ability and hold all that harm them accountable if my child or children are damaged. I was seeking the assistance of the NJ US Attorney to Convene a grand Jury for that purpose per past occurrences and will continue to pursue for prosecution the same from the US Attorney’s office in Washington DC as was in process from before November 23rd 2005 and as is effect for accountability as of today’s date. Attached and marked PETITIONER’S EXHIBIT (H) 7 Pages; my request for a Grand Jury convene are true copies of Petitioner’s communications with the US Attorney’s Office of New Jersey per convening of a Grand Jury prior to the events of November 23rd 2005, unfolding. Petitioner was subsequently directed to the office of the Attorney General in Washington, DC to further pursue accountability.


l.         Attached and marked PETITIONER’S EXHIBIT (I) 5 Pages as if presented here in part and in whole; is a communication dated March 21st 2002, between this Petitioner and Ms DeAnn Gillespie that was also Faxed to Judge Udall on that date. This communication, EXHIBIT (I) covers many points per occurrences I observed coming forth from Maricopa case DR2000-090543 and Ms. Gillespie’s activities or lack there of per what I considered to be relevant matters at hand per DR 2000-090543 during the time lines discussed therein.


Petitioner again repeats what he said at the beginning of this affidavit; that he wishes to maintain / re-attain custody of his son John as soon as possible with visitation or custody in place also with and for his daughter Gloria by signed ORDER of the court.


Petitioner again requests that the issues of custody and visitation be stayed by the court until April of 2006, in which hopefully by that time Petitioner will be in very good standing to protect and maintain custody, God willing, of and for his children.


Respectfully submitted,


                                    Dated this 18th day of February 2006.




                                                _____________________________________                                                                                              Walter J. Burien, Jr. -           Sui Juris                        




                                                                    KNOW ALL MEN BY THESE PRESENTS



Before me the undersigned authority on this day personally appeared Walter J. Burien, Jr., who after being duly sworn, did depose and state:

"My name is Walter J. Burien, Jr., I am over twenty-one (21) years of age, have never been convicted of a felony or a crime of moral turpitude and am competent to make this affidavit. I am the Father in the foregoing affidavit of PETITIONER’S RESPONSE TO RESPONDENT AND NJ DYFS filings with the court since 11/23/05 by affidavit and all statements, allegations, denials and attached EXHIBITS (A), (B), (C), (D), (E), (F), (G), (H), and (I) contained therein are true and correct to the best of my knowledge and belief" "..No immunity shall extend to any individual of the State of Arizona for any deliberate violation of law, fraud or conspiracy, intentional violation of due process of law, deliberate disregard of material facts, judicial acts without jurisdiction, blocking of a lawful conclusion of a case, or any deliberate violation of the Constitutions of Arizona or the United States, notwithstanding Common Law, or any other contrary statute."


                                                                        ,  Walter J. Burien, Jr.


Given under my hand and seal this 20th day of February 2006



­­­­­­­­­­­­­­­­_____________________________________        ______________________________ 

Notary Public, In and For the State of New Jersey           Name of Notary – Printed

Copy of the foregoing MOTION TO CONTINUE containing REQUESTED ORDERS mailed this

   20th day of February, 2006, USPS EXPRESS NEXT DAY AIR #  EQ 471720783 US  TO:


Maricopa Superior Court


222 E Javelina Ave.

Mesa, Arizona 85210




Honorable Arthur Anderson

Superior Court of Arizona, Maricopa County

222 E Javelina Ave., Suite 2E

Mesa, Arizona 85210-6234




Troy Brown

1757 E. Baseline Road, Suite 130

Gilbert, AZ 85233

Attorney for Respondent





6909 E. Greenway Parkway, Suite 200

Scottsdale, Arizona 85254




DeeAn Gillespie


7319 NORTH 16th STREET, SUITE 100



Attorney previously retained by Petitioner

Removed with cause by Petitioner as of: November 23rd 2005




US Attorney - Chris Christy – New Jersey

US Attorney - H. Marshall Jarrett – Washington, DC


U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Ave., NW
Criminal Section, PHB
Washington, DC 20530