Walter J. Burien, Jr.
P. O. Box 42
East Brunswick, NJ 08816
Telephone: (732) 790-9233
Petitioner - Sui Juris
IN THE SUPERIOR COURT OF THE STATE OF NEW JERSEY
IN AND FOR THE COUNTY OF MIDDLESEX
In the matter of John Burien
DOCKET No. FN-12-153-06
WALTER J. BURIEN,
MOTION FOR REINSTATEMENT
Petitioner - Plaintiff FN-12-153-06 WITH CAUSE, AND
and POST SUMMERY JUDGEMENT
CORRECTION
NEW JERSEY DIVISION OF
YOUTH AND FAMILY SERVICES
AND ORDER
Respondent. (Honorable JOSEPH L. REA)
Petitioner / Father, Sui-Juris hereby submits the following MOTION for; REINSTATEMENT FN-12-153-06 with Post Summery Judgment Correction by signed order of the court.
I. Factual Background.
The Division of Youth and Family Services, herein after referred to as DYFS filed an ORDER TO SHOW CAUSE (EMERGENCY) and there was an initial hearing held on November 29th 2005 with the court. A subsequent hearing was held on December 1st 2005, and a third hearing held on December 15th 2005. Walter J. Burien, Jr. was present for the first two hearings, brought to said hearings by the Middlesex County Sheriff in hand cuffs, without legal representation even though it had been requested by Mr. Burien several times in writing to Middlesex County personnel, and he had no ability based on his forced incarceration to represent himself in a timely manner; have access to required documentation; discovery; disclosure; and records; nor access or the ability to contact witnesses essential to his cause; or protect his child; John Joseph Burien due to his forced incarceration at the Middlesex County Correctional Institution, hereinafter referred to as MCACI, RT 130 North Brunswick under Inmate ID # 107699. The first two hearings Mr. Burien was brought to the New Brunswick court jail holding cell as of 7 AM from MCACI and was isolated with several prisoners for approximately nine (9) hours until the hearings commenced with the first hearing starting at 4:25 PM and the second on 12/01/05 at 4:30 PM. At the end of the second hearing, due to the fact that Mr. Burien was not offered legal council when requested, was kept by the County of Middlesex under lock and key being denied even the basics of defense; discovery; disclosure; due process; Mr. Burien notified verbally the court at the end of the second hearing that due to the forced restrictions and forced denial of the basics to respond; prosecute; this case inflicted upon him and his son John Joseph Burien by representatives of DYFS and the County of Middlesex, there was no reason for his further participation under this form of forced denial of basic rights; and he was not going to participate in what was being presented to him by the County of Middlesex personnel of a; façade of judicial process under orchestrated conditions inflicted by the County representatives; and would not participate further until the ability to defend; prosecute; and present a case in at least bare basic form was available to him and he declined participation in the third hearing held for that cause.
On December 30th 2005, Mr. Burien received at the MCACI a letter from DYFS, the first communication per court action FN-12-153-6 he received from ANY party while exclusively being held at the MCACI. Toshia Gresham and Charlotte Taylor signed this letter from DYFS and the letter was dated December 16th 2005, and was mailed on The 28th of December as evidenced by the US Post mark. I responded as stipulated in that letter at first availability to do so as of December 30th 2005, the day received, and my reply with exhibits were mailed back to DYFS via USPS CERTIFIED MAIL numbers 7005 1820 0000 4188 7056 and 7005 1820 0000 4188 7230 sent on the first available mail date offered by MCACI of January 3rd 2006. Attached and marked PETITIONER’S EXHIBIT (A) is Petitioner’s response letter to DYFS dated December 30th 2005, (5 pages) with Exhibits; DYFS letter of 12/16/05 with copy of envelope it was mailed in dated December 28th 2005 (2 pages); MOTION FOR CONTINUANCE AND CONSOLIDATION OF SUMMONS…. Dated 12/06/05 (2 pages); MOTION FOR DISMISSAL OF NJS 2C:13-4A.3 (2 pages); DYFS’s Exhibit B (6 pages) thus containing 17 pages TOTAL in Petitioner’s EXHIBIT (A) attached hereto and incorporated here as if stated with disclosure given in full as to content; meaning; and consequence as noted therein.
PETITIONER’S EXHIBIT (B) as attached and marked, is the Change of Address form as filed this day with the Middlesex County Clerk of the Court case number FN-12-153-06 noting Petitioner’s correct current mailing address corrected from the MCACI. Additionally Petitioner’s current local New Jersey phone number is noted.
PETITIONER’S EXHIBIT (C) as attached and marked, is a copy of the United States Postal CONFIRMATION OF DELIVERY for the USPS CERTIFIED MAILS sent January 3rd 2006 from the MCACI to Toshia Gresham, Charlotte Taylor, and the DYFS Administrative Review Officer and James M. Davey: Commissioner, bearing the US CERTIFIED MAIL numbers 70051820000041887056 and 70051820000041887230 as noted on Petitioners EXHIBIT (A), letter to DYFS dated Dec 30th 2005.
Petitioner, Walter J. Burien, Jr. posted $50,000 bail via a friend from California on January 9th 2006. The same friend paid an attorney, Marco Laracca $5000 to process a bail reduction hearing and address several Warrants / Traffic tickets issued by the East Brunswick, NJ Police Department. Mr. Laracca does not represent Petitioner per DYFS and court action FN-12-153-06. Petitioner Sui-Juris will be sole in this matter unless Petitioner notifies the court, signed by him in writing changing status other than sole Sui-Juris.
Petitioner is still subject to indigent circumstances as noted by Middlesex County Social services case number CO 76038 under entitlement for food stamps and limited cash assistance and as such requests a waiver by order of the court for any court costs that may be associated with Petitioner’s Motion as presented to the court for reinstatement and motion for ORDER(s) of the court.
Courts prior findings per action FN-12-153-06
Judge JOSEPH L. REA made a finding that John Joseph Burien was injured based on the unsupported statements made by the DYFS personnel Toshia Gresham. As noted in the letter to DYFS dated 12/30/05, starting with the last paragraph page 4 through the first paragraph page 5, of Petitioner’s EXHIBIT (A), Petitioner requested the DYFS personnel to provide “ANY” competent medical disclosure that John Burien was injured on the 23rd of November 2005 as would be documented within normal and mandated by well established and in place DYFS policy and procedure “if” any injury had occurred to a child. No medical evidence was presented at or to the court, and it appears with no response from DYFS to my request as outlined within my letter of 12/30/05 for them to provide such, if it existed at all, clearly shows that my son John Joseph Burien WAS NOT INJURED as inferred by DYFS and as was noted in the findings of the court to be in error. Being that DYFS has ignored my request for disclosure as to providing validation that my son was injured as would have been documented by medical and or hospital personnel on the 23rd of November 2005; Petitioner requests that DYFS be required by ORDER of the court to validate through official medical records their inferred injury to John Joseph Burien on the 23rd of November 2005, and in the absence of DYFS providing said validation from a medical doctor or hospital personnel within five (5) days of being instructed by order of the court to do so, then Petitioner requires correction of what appears to be at this point false information and findings on the record of case number FN-12-153-06 that John Burien had been physically injured by Walter J. Burien, Jr., the father of John.
III. The need for a signed Order of the court
The Court’s decision regarding reinstatement of case number FN-12-153-06 and granting of Petitioner’s requested ORDER(s) truly rests on fundamental principles of well established laws as would pertain to basic disclosure; discovery; and due process. Petitioner was denied the basics of law as noted herein and is just now able to respond in his defense as well as in his son’s and the peoples of New Jersey’s interests. I say; “the peoples of New Jersey’s interests” due to the FACT that the procedures and methods that DYFS uses greatly impacts the peoples of New Jersey; and thus truthful findings are essential to maintain the integrity of; DYFS as a state agency; the Court representing the interests of the people; and implied truthful interests of justice applied.
Wishes of the parent:
Mr. Burien wishes to respond to this action now that he is able to do so and of which for all intents and purposes due to forced incarceration was incapable of doing so up until this point. Mr. Burien has held over 5 years custody of his son and wishes to maintain / re-attain custody of his son John as soon as possible with visitation in place also with his daughter Gloria by signed ORDER of the Arizona court, of which was acknowledged by the court at the first hearing of November 29th 2005, FN-12-153-06, Arizona case number DR2000-090543 had venue and jurisdiction over custody matters per the children. For the reasons set forth herein; the interests of justice; and the peoples of New Jersey, Petitioner requests that an order of the court be signed without delay;
1. Reinstating case FN-12-153-06 to active;
2. Requiring DYFS to validate through official medical records their inferred injury sustained by or to John Joseph Burien on the 23rd of November 2005, and;
3. Certified clear copies provided to Walter J. Burien, Jr. sent by DYFS within five (5) days of this ORDER by certified mail to his address of; Box 42, E. Brunswick, NJ 08816; for the purpose of discovery; disclosure of any; reports; notes; communications; that were or are in DYFS possession generated by any party relevant to FN-12-153-06 and the taking or return of John Joseph Burien by DYFS; All copies sent from DYFS to Mr. Burien shall be unaltered and without deletions.
4. In the absence of DYFS not providing said credible validation of injury sustained on Nov 23rd 2005 to John Joseph Burien, validated through certified copies of medical record from a Physician or hospital staff Doctor within five (5) days of being instructed by order of the court to do so, then Petitioner requires correction of the record striking from within the ORDER TO SHOW CAUSE dated Nov 29 2005 on page 2 under B:1 ; “and injuries child sustained” signed by Judge JOSEPH L. REA, and correcting any other official findings or records of the court or government agency where the same may have been noted, and notifying for correction any other party that this was reported to.
Respectfully submitted,
Dated this 23rd day of January 2006.
_____________________________________ Walter J. Burien, Jr. - Sui Juris
ORINAL of the foregoing HAND DELIVERED this
23rd day of January, 2006, TO:
MIDDLESEX COUNTY Superior Court The Office of: JUDGE JOSEPH L. RAE
CLERK OF THE COURT AND COPY TO: 120 New St.
120 New St. New Brunswick, NJ 08903
New Brunswick, NJ 08903
AND SENT USPS PRIORITY CERTIFIED MAIL NUMBER: 7005 2570 0000 6978 6992-ON 01/23/05 TO:
Michael Anthony Amatia
Deputy Attorney General
Division of Youth and Family Services
R. J. Hughes Justice Complex
25 Market Street, P. O. Box 112
Trenton, New Jersey 08625
AND SENT USPS PRIORITY CERTIFIED MAIL NUMBER: 7005 2570 0000 6978 7005-ON 01/23/05 TO:
James M. Davey C/O – Administrative Review Officer
DYFS Metropolitan Regional Office
153 Halsey Street, 2nd floor
Newark, New Jersey 07101
_____________________