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in Yavapai county, for the state of Arizona Inc.
Walter J. Burien, Jr., NO.
DO 95-0538
Petitioner
/ Plaintiff, FATHER'S
PARENTING
vs. DOCTRINE
EXERTED
Robin Arrowwood,
Honorable Judge William T.
Kiger,
Respondent, Trustee
Arizona State ]
]
ss.
Yavapai county ]
I, Private Citizen Walter J. Burien, Jr., AKA
Bubien, a natural born white adult male (sui juris) living in Yavapai county as
an Arizona Republic Citizen, and hereby makes a special appearance in propria
persona, proceeding at law in summo jure jus regium, being duly sworn upon oath, deposes and says as follows:
1. I am the Petitioner in the Administrative
action DO 950538 herein captioned above.
I have personal knowledge of, or am otherwise competent to testify as
to, each and every fact set forth in this Affidavit.
2. COMES NOW, Arizona Citizen Walter J. Burien,
Jr., AKA Bubien, an Arizona natural born white adult man,
living in Yavapai county, as one of the Citizens of the several states of the
Union, hereby makes a special appearance, in Propria Persona, proceeding in
summo jure, jus regium, in law, neither conferring nor consenting to any
foreign jurisdiction, except of the judicial Power of Arizona and/or the united
States of America, and as such willfully enforces all constitutional
limitations and prohibitions respectively on all government agencies when
confronted by them.
BACKGROUND OF THIS CASE
As Evidenced and Recorded
within the Case File Do. 95-0538
1. In June of 1991, Walter J. Burien, Jr.-AKA Bubien, moved from New Jersey to Prescott, Arizona
with the intent of starting a small business, finding a wife and then settling
down to build and raise a large family.
2. In 1990, Robin Jill Arrowwood-AKA Gardner moved to Prescott,
Arizona with a daughter, then three years old.
3. Walter J. Burien, Jr. and Robin Jill Arrowwood met each
other on November 16th of 1994.
4. The parents involvement
in a relationship of approximately 3 months, resulted in the conception of a
child. On December 6th,
1995, Allyson Arrowwood was born into this world.
5. Robin Jill Arrowwood, hereinafter the Mother and Walter J,
Burien, Jr., hereinafter the Father.
6. The Mother and Father were never married.
7. On January 12th,
1995, the Father learned for the
first time that the Mother had a serious and established drug abuse problem
pertaining to the abuse of meth amphetamines. This being confirmed when he
carried the Mother to the Yavapai Medical Center, with the Mother in critical
condition after overdosing on the drug. The attending physician informed the
Father that the Mother was a regular there due to her abuse of the drug and
that she would in most probability die if she continued to shoot speed, if in fact she did not die that night. Additionally this Father learned that the
Mother had a criminal background which included a felony conviction for armed
robbery and that her first husband died under suspicious circumstances from a
gun shot wound to the head after and argument with the Mother.
8. In April of 1995, the Father learned that the Mother was
pregnant with child. In most probability, his child.
9. On May 7th, 1995 the Father requested the assistance of Child Protective
Services of Arizona (CPS) to protect the development of his soon to be born
child from the consequences of the Mother's drug abuse.
10. On May 17th, 1995 this
Father told the Mother that he had contacted CPS.
11. On and as of May 18, 1995
to date, the Mother severed any further
relationship with this Father and
embarked on a course of action to deny this Father any involvement with
his soon to be first born child.
12. On June 8th, 1995, this
Father via his retained council, William Fortner being paid $1,800.00 filed
with the Yavapai Superior Court a civil action for proof of paternity and
action for custody of his soon to be born child, YAV. Case No. Do. 95-0538.
13. On or about July 16,
1998, this Father requested the
assistance of the city Prosecutor, Mr. Glenn Savona, to assist in protecting
the soon to be born child from the Mother's drug abuse. Mr. Savona was told by this Father where and
how the Mother was dealing meth
amphetamines. Mr. Savona was also
informed by this Father as to where there was a speed lab of which the Mother
was getting some of her supply from. This Father subsequently learned that Mr.
Savona, approximately two days after
these disclosures were made to him, Mr.
Savona informed the Mother as to the disclosures. This was confirmed by this Father as having happened upon seeing
this stated within one of the Mother's Pleadings with the court. Additionally
upon seeing this in the Mother's Pleading,
this Father called Mr. Savona
via a taped telephone call and he openly confirmed that he informed to the
Mother as to the disclosures made to him pertaining to the Mother's drug
dealing activities.
14. On July 20th, 1996,
William Fortner withdrew from the case keeping the $1,800 paid him. Said $1,800 being 95% of the Father's
available cash at that time.
15. On August 3rd, 1995, the five lug nuts of this Father's right
front tire were half taken off. This
Father became aware of this tampering of his vehicle when he left his residence
and traveling at 60 MPH his tire almost came off. This Father made a Police
report, D.R. Case No. 95-13362. Upon
viewing the report written by the officer,
the officer did not mention that this Father thought this tampering was
done by one of the Mother's friends and gives the probable case as being that
the Father, an ace mechanic, worked on his own vehicle. No action or investigation was taken by the
Prescott Police.
16. On August 12th, 1995, this father had a subpoena issued to: Dr.
John Sandeen, the Mother's doctor, for
him to produce a copy of the Mother's medical history.
17. On August 21st, Dr. John
Sandeen, produced a copy of the Mother's medical records to the court and the
submittal was docketed as being only a
sealed envelope with no other information as to from whom or what it contained.
The submittal of Dr. Sandeen was not entered on the court docket as being from
him or as to its contents until approximately September 29th, 1995 after the
insistence of this Father to Patsy Loll, the court clerk, as to what and from whom
the entry pertained to. Patsy Loll upon
viewing the documents which up until that point were being held in Judge Hancock's office, saw for the first time, over a month later, the court file stamp on
the document and became very upset to learn that some one else had stamped the
document received forging her signature.
Ms. Loll subsequently confirmed who the party was that forged her
signature. Ms. Loll then instructed
that the entry be back dated and entered on the docket to the previous months
date of 9-21-95, showing the submittals of Dr. Sandeen. This Father
to date was never allowed to view the medical records submittals from Dr.
Sandeen.
18. Shortly after filing YAV. Case No. Do. 95-0538 it became
quite evident to this Father that strong political under currents were being
exerted to protect the Mother from any accountability or consequence relevant
to her abuse of illegal meth amphetamines or the subsequent abuse of her
children. i.e., Sam Steiger, Kathy
Harrer, Rick Tompkins, John Mofitt, Glenn Savona, Robert Brutinel.
19. On October 3rd, 1995, a four year neighbor of the Mother, a Mr. Terry Winstel, out of concern for the
child, filed an affidavit YAV. Case No.
Do. 95-0538, which even though creating
liability for himself, attested to the facts that he, for a period of 3 years,
participated with the Mother,
almost on a daily basis, in the abuse of meth amphetamines. That the Mother in addition to abusing the
drug was also a dealer of the drug. Mr.
Winstel additionally attested to the child abuse he and his wife observed
coming from the Mother related to her first born daughter then age 8.
20. On October 12, 1995, in my
presence, Mr. Winstel was assaulted,
knocked unconscious, and then subsequently falsely arrested by a Prescott Police
Officer by the name of Steven Hill, AKA Steven McBride, for aggravated assault
against his wife, Rita Winstel. This
being done with Ms. Winstel animatedly saying her husband had done nothing
wrong and that her husband had just been attacked. Mr. Winstel then was maliciously prosecuted by the city
Prosecutor, a Mr. Glenn Savona, DR. case #95-18238. Additionally when I attempted to protect Mr. Winstel, I was attacked by the assailant and
subsequently when the assailant tried to gouge my left eye out, which resulted with 40% of my cornea being
ripped off, no action was taken by the
Prescott Police and the assailant was allowed to walk away. Officer Steven
Hill, I had observed talking to the
Mother on several occasions prior to this incident. Mr. Hill was also good
friends with Sam Steiger.
21. On October 29th, 1995, the
court, Judge Hancock, granted by signed
order this Father's request to have the Mother spot drug test and acceleration
of paternity be established is granted by the court. On October 30th, 1995, the court reversed and denied this
Father's request to have the Mother spot drug test and acceleration of
paternity be established is denied by the court with the prior signed order
granting the above having Judge
Hancock's signature whited out on the original signed order, additionally the
original signed order not being entered to the court docket as being granted.
22. On November 23rd, 1995, a
life threatening message was left on this Father's telephone answering
machine. This Father recognized the
voice as being the voice of the Mother's brother in law, a Rick Tompkins, a
long time friend of Sam Steiger. This
Father called the Prescott Police and made a report , D.R. Case No. 95-20890,
giving the officer a taped copy of the message and the name, address and telephone number of
Mr. Tompkins. On January 4th, 1996,
this Father received a copy of the Police Report generated on November 23rd,
1995 and it listed the suspect as unknown,
not bearing the information provided on Mr. Tompkins, the perpetrator
known to the Father. The officer on
January 4th, 1996, at the insistence of the Father updated the report to
include the information previously and originally provided by the Father. The officer closed the case stating that
when calling Mr. Tompkins that he didn't think the caller sounded like
Tompkins. The case being closed on
January 4th, 1996, without the officer
contacting several individuals provided by this Father who knew Tompkins for
many a year and who were willing to testify that the voice on the message
which left the life threatening message
was definitely that of Tompkins.
23. On or about November 30th,
1995 the Mother, without notice, moved from Prescott, Arizona, leaving no
forwarding address.
24. On December 7th,
1995, Officer Steve Hill AKA McBride
made a traffic stop of this Father's vehicle in the evening hours at 11:27 p.m.
and issued two moving violation tickets to this Father. It was subsequently learned by this Father
that December 7th, 1995 was the day after the birth of his child.
25. On or about December 12th,
1995, someone in the early morning hours tampered with this Father's vehicle by
putting a large quantity of a pumice substance in the oil of the vehicle. This was learned by this Father after noting tampering of the vehicle on December 12th,
1995, and upon the destruction and seizing of the engine several days
later. The subsequent investigation and testing done to determine the cause
of the damage to a new engine less that
a year old being determined as being pumice placed in the oil. A report was made with the Prescott Police
Department at that time, D.R. No. 95-22412.
26. On or about December 22nd,
1995, this Father applied as the
applicant with Child Support Services of Arizona (CSSA) ATLAS case number 0000527750-01. CSSA now had the responsibility to find the
Mother and the child, address unknown, to accomplish proof of paternity at the
request of the Father.
27. On January 31st,
1996, CSSA located the Mother in the
City of Phoenix, Maricopa County, Arizona
and served a subpoena for her and the child to appear at an OSC hearing scheduled for March 4, 1996 and to
accomplish genetic paternity testing prior to the hearing of 3/04/96.. With the retirement of Judge Hancock the
hearing was set before Judge Robert
Brutinel a life long good friend of Sam Steiger.
28. In February, 1996
paternity of the child was established through genetic testing conducted by
CSSA paid for in the amount of $285.00 by the Father.
29. On March 1st, 1996, Harold
Dunning, a long time neighbor of the Mother submitted an affidavit to the court
attesting to the Mother's drug abuse, pathological deceptive nature and his
serious concern for the welfare of the child at the hands of the Mother. On or about March 1st, 1996, Mr. Dunning
after leaving a pub, his vehicle was followed home by Prescott Police Officer
Steven Hill, AKA Steven McBride. Mr. Dunning's vehicle when it arrived at his
residence was approached by Officer Hill.
Mr. Dunning's girl friend Kathy was driving and she had been drinking at
the pub that they just left. Kathy
after taking a breathalyzer test was right at the limit, .001, and was arrested in front of Mr. Dunning's
house by Officer Hill. Kathy was
subsequently prosecuted by Glenn Savona and sentenced to 6 months in county
jail.
30. On March 4th, 1996 a
hearing was held, Yavapai Superior Court, Judge Robert Brutinel presiding. This Father then saw and held for ten
minutes his child for the first time.
This Father's request that he be granted custody was denied, this
Father's requests that he be granted joint custody was denied . The witnesses present in court, the long time neighbors of the Mother, Terry
Winstel, Rita Winstel, Harold Dunning and character witnesses for the Father,
Bob Lockett and David D' Addabbo were not allowed by the court to testify.
Judge Robert Brutinel left custody with the Mother and stated all issues would
be taken under advisement, in home studies and background checks would be
conducted and that no issues would be decided pending the findings and a
further hearing conducted to hear the witnesses not allowed by Judge Brutinel
to testify at that time.
31. On March 26, 1996 Judge
Robert Brutinel instituted a complete ruling giving the Mother full custody, a monthly child support payment order for the Father to pay $209 per Month and that the Mother was
ordered to file an action with the Maricopa Courts to facilitate
visitation. For the Father, it was
ordered that visitation would occur every other week on the weekends in Maricopa County from 10 a.m. to 4
p.m.. This being done by Judge Robert
Brutinel, without in home studies, background checks or hearing the testimony from
the witnesses he refused to hear at the hearing of March 4, 1996.
32. On May 3rd, 1996, the
Mother filed with the Maricopa courts an action to facilitate
visitation, Maricopa case No. DR96-9244, before the Honorable Judge David L.
Roberts.
33. On June 28, 1996, a
hearing was held, Yavapai Superior Court, Judge Robert Brutinel presiding. Sam Steiger, via a subpoena issued by this
Father was present for questioning and testimony by this Father. At this hearing, Judge Brutinel, a life
long close friend of Sam Steiger, Judge Brutinel did not mention the
relationship or offer to recuse himself from this hearing. When this Father brought forth numerous
pieces of evidence, tape recordings, affidavits, correspondences, tying Mr. Steiger into cooperative fraud and political pandering
surrounding this case, Judge Brutinel
blocked any evidence from being entered, questions being asked or documentation
being shown that would implicate Mr. Steiger's involvement.
34. On July 17th, 1996 at
approximately 10:30 p.m. this Father
pulled into an almost empty store parking lot and noticed his vehicle was being
followed by a new Toyota pickup truck which parked five feet in front of this
Father's vehicle. The driver of this vehicle as he pulled up to park was
intensely staring down on this Father. This
Father's survival instincts were triggered and he did not get out of his
vehicle. It could be observed by this Father that the individual in the truck
had his hand on the door knob of his truck and his other hand on something
resting on the front seat of his truck, possibly a gun. The man was also not
breaking his glare on this Father. This father reached to the floor of his
vehicle as if he was picking up something and then light a cigarette. Several minutes went by and this Father
during this time did several tests of acting as if he were going to get out of
the vehicle to watch the actions of the person in the truck. Each time this was
done the person tensed up on his door as if to fling it open the second this
Father opened his door. After about four minutes this Father turned on his interior
light and looked directly at this individual several times. The person in the truck, a heavy set grungy looking dark complexioned
man, got out and walked to the front
door of the store but did not go inside. One minute later he came back,
got into his truck and continued the previous posturing. After about two minutes I looked directly at
him again and lit another cigarette. It
was obvious to him that I was not going to get out of my vehicle and at that
time he started up his truck and sped out of the parking lot with his lights
off. The license plate I was able to see easily from five feet
away, 8585AE (AZ). I called the Prescott Police and made a
report of what I considered to be a probable and attempted hit, D.R. Case No. 96-11347. The officer ran the plate number and it came
back registered to an individual by the name of Furubotten of Payson,
Arizona. Four Months later when I
received a copy of the written Police Report there was no mention of the
license plate number 8585AE (AZ) or the registered owner. No action or investigation was taken by the
Prescott Police Department. Upon
further investigation by myself I came upon information tying Sam Steiger with
the registered owner of this vehicle involving land deals from fifteen years earlier.
35. On September 13, 1996,
this Father filed with the Maricopa Court, case No. DR96-9244, a pleading for
the court to request by order of the court for an official FBI investigation of criminal misconduct
perpetrated by several listed parties from Yavapai County. Yavapai Superior
Court Judge Robert Brutinel was one of the parties listed in this pleading as being involved with criminal misconduct.
36. On September 20th, 1996,
Dan Ireland, deputy case supervisor for expedited visitation services requested
that the Maricopa Court, case No. DR96-9244, set a hearing, due to the Mother's
total contempt in not complying with any court ordered visitation.
37. In September of 1996 the
Mother, without notice to the Father or approval of the Court, moved from
Maricopa County back to Yavapai County.
38. On October 16, 1996, case
No. DR96-9244, the Maricopa County Court set a hearing on November 15, 1996 due
to the Mother's continued contempt in not allowing any visitation to occur
since she filed the action with the Maricopa Court on 5/03/96.
39. On October 28th, 1996 this
Father recorded with the Yavapai County Recorder's office, in book 3301, pages
722-724, a Public Notice calling for the removal or impeachment from office of
the government officials that this Father had strong documented evidence
pertaining to their cooperation with constructive fraud relevant to and
surrounding this case. Within three
days this Father passed out 15,000 copies of this Public Notice. Judge Robert Brutinel was the fourth listed
individual within this Public Notice.
40. On or about October 29,
1996, Judge Robert Brutinel, the prior Yavapai County Republican Party Chairman
before becoming a judge, placed a
telephone call to the home of David R. Spence of Prescott the then current
Yavapai County Republican Party Chairman to effect a cooperative effort to
"Black list" Walter J. Burien, Jr., in Yavapai County by making the following comments to David R. Spence,
as told to this Father by Mr. Spence in the beginning of January 1997, that:
"Walter J. Burien, Jr.,
would be taken care of out of court", that "Walter J. Burien,
Jr. would never do any business in
Yavapai County and not succeed in any business in Yavapai County", that
"Walter J. Burien, Jr., will never
get anything accomplished on his custody case in Yavapai county, under any
circumstances", that "he had the cooperation of John Mofitt, the City
Attorney and one of the County Board of supervisors to make sure Walter J.
Burien, Jr., never got anything accomplished on his custody case in Yavapai
county, under any circumstances nor would he ever do any business in Yavapai
County or succeed in any business in Yavapai County", that "Walter J. Burien, Jr., was the bad
guy and needed to be taken care of,
that "Robin Jill Arrowwood was a good mother, had no criminal
background and did not do drugs."
41. On November 5th, 1996, the
Mother via her council, John Karow, Esq., filed a motion to vacate the hearing
set for case No. DR96-9244, on November
15, 1996 at 9:30 a.m.. The Maricopa
court denied the Mother's motion to vacate.
42. On November 6th, 1996, the
Yavapai Superior Court grants this Father's request that was denied since
October 30th, 1995 for spot drug testing of the Mother. The Mother took no action at that time to
comply.
43. On November 12, 1996, via
an order of the Yavapai Superior Court, this Father, for five hours at a day
care center located in Prescott, Arizona, sees his daughter for the second time
since her birth.
44. On November 14th, 1996 at
approximately 3:30 p.m., the afternoon
before the first hearing set to be heard before a court in Maricopa
County, Judge Robert Brutinel, as told
to me by Judge Robert's secretary, called Judge Roberts and spoke with him for
over an hour, persuading Judge Roberts
to cancel the hearing set for the following morning. I received a call from
Judge Robert's secretary at 5 p.m. on November 14th, 1996 in which she informed
me that Judge Brutinel and Judge Roberts had just finished talking and that
Judge Roberts had agreed to cancel the hearing scheduled for the following
morning at judge Brutinel's request. A
hearing in which a motion was pending for an investigation as to Judge Robert
Brutinel's criminal misconduct. As of
November 15, 1998 the Maricopa court forwarded the case and all pleadings for
action to Judge Robert Brutinel. As of
November 15th, 1998, no action was ever taken on any of the motions pending
stemming from that case, No. DR96-9244.
45. On the morning of December
4th, 1996, at 8:35 a.m. when preparing to go to a court hearing scheduled for
9:00 a.m. that day, this Father spotted
and thwarted a probable hit from an armed individual hiding behind this
Father's Vehicle waiting for this Father.
This Father saw this individual and managed to get close up behind him
before being observed. Upon direct verbal confrontation with this individual,
the Father saw that this individual was holding a firearm in the pocket of his
green army jacket. This Father now less
than two feet away from this individual asked aggressively what this individual
was doing. The individual responded
with he was there to lay down some pipe in the front yard of #11, this Father's address. The individual then
said to me "your Walter aren't you",
I responded no. The individual
then stated again "you are Walter" and began to pull his hand out of
his coat pocket containing the gun. I
at that point being 6'2" and quite bigger than this individual got six
inches from his face and said if you are supposed to lay down some pipe in the
front yard of #11, go and talk to the manager and I pointed to her location
about 40 yards away. I repeated myself several times and it was made quite
clear from my posturing that if the gun was pulled, I would snap this
individual in half. My aggression won
out and the individual proceeded towards the manager's office. I watched from behind my vehicle as this
individual walked away and then ran for a car, jumped in and attempted to
leave.. I at that point was motivated
not to let him get away without finding out who he was.. I quickly ran up to his vehicle as he
attempted to leave and slapped the side of the driver's side car door.
Startling this individual to stop. I
then opened up his door and said " I am Walter, there is no pipe going in my front yard and show me your drivers
license NOW or you can wait for the police to get here. I was very intimidating, so on reflex action within three second he
produced his driver's license. At a
quick glance I saw the name, Peter or
Patrick Stanley from Wickenberg,
Arizona. I took down his vehicle
license plate number, NBP360 (AZ) gave him back his license, and he left. At 8:55 a.m., I called the Prescott Police Department
and made an incident report, EVENT NO:960086552, asked for a patrol around my
residence while I went to court and that I wished to have an officer stop by
upon my return from court at 11:00 a.m..
A Prescott Police Officer at 3:15 p.m. finally came to my residence at
my insistence and took a report, D.R.
Case No. 96-18647. On December 12th,
1996, I went to the Prescott Police Department's records section to get a copy
of this police report only to find out none had been written. At my insistence a written Police report was
generated that day. Upon viewing the
report it showed the license plate of this individual being run as NBT360
(AZ), not that of the plate as
originally reported and clearly shown in the event report number of
NO:960086552. I received no other
information from the Prescott Police on follow-through or action taken. The Sheriff's department at my request did
go to the address in Wickenberg and confirmed the Vehicle was registered to the
last name Stanley, but upon inquirers at the residence the family named Stanley
there denied knowing a Peter or Patrick
Stanley. No further action was
taken that I am aware of.
46. On December 4th, 1996 a hearing is held for enforcement of
child support and Judge Robert Brutinel orders this Father to pay $1,500 in
child support within 5 days or he will be arrested and incarcerated for 60
days. This Father at this hearing
apologized for being ten minutes late being that he encountered an individual
at his residence of which he from the circumstances made a police report
pertaining to. No reaction from the
judge or the Mother to this comment. I
then said his name was Peter Stanley.
Both the Mother's and Judge Brutinel's heads upon hearing the name
instantly sank between their shoulders looking down at the floor. They then slowly looked up at each other and
back at me. It was clear to me based on
the reaction of both the Mother and Judge Robert Brutinel as to what they were
thinking, that being, "how the hell did he get the
name..".
47. On December 9th, 1996,
with the Father not having the ability to pay $1,500, Judge Robert Brutinel issues an arrest warrant for the Father.
48. On December 10th, 1996
this Father is granted an emergency Special Action interlocutory stay, case No.
CA-SA 96-0350, by the Arizona Court of
Appeals quashing the arrest warrant issued by Judge Robert Brutinel.
49. On or about December 12th,
1996, the Mother and her children, without notice moved from Prescott to the
town of Chino Valley, Arizona, moving in with and living at the residence of a
Mr. Charles Lewis.
50. On December 15th, 1996,
this Father met with an agent of the FBI for several hours and made disclosures
to this agent as to the cooperative criminal fraud surrounding Yavapai Case No.
Do. 95-0538. Approximately 1,100 pages of documentation were provided to the
FBI agent at that time. Subsequently over the next year, I was told by the agent that he had
approached the U.S. Attorney's office on several occasions requesting
assignment of a case number for indictment, and was refused on each occasion.
51. On January 15, 1997 the court
of Appeals dropped the Special Action declining to accept jurisdiction.
52. On January 22, 1997, Judge Robert Brutinel ordered this Father to
pay $1,500 within 2 days or face incarceration for 60 days.
53. This Father on January 24,
1997, paid $1,500 to the Yavapai
Superior Court from borrowed moneys.
54. As of and between January
24, 1997 and November 12th, 1996 this Father saw his daughter on three
occasions for several hours and as since her birth had no say or involvement or
knowledge of his child except for the brief periods that she was in his care.
55. On or about February 23rd,
1997, this Father received a telephone call from Mr. Charles Lewis of Chino
Valley, Arizona. Mr. Lewis informed
this Father that the Mother over the last three months had been seriously
abusing both of her children. Mr. Lewis, a trained EMT, told this Father that the Mother was
continuously and violently dragging the baby around by the arm, screaming at
and terrorizing the children, gave the
baby a black eye the previous month,
feeding the baby from moldy bottles,
smoking speed all night long with her then boyfriend in her bedroom with
both of her children present or sleeping in the room and she left a loaded 38
revolver lying around the house were the kids could easily get a hold of
it. Mr. Lewis also told me that the
Mother bragged about how she hid her drugs on the children so that if she was
searched by any one from law enforcement, that her drugs would not be found. I asked Mr. Lewis to call CPS and file a
report.
56. On or about March 1st,
1997, the Mother moved from Mr. Lewis's residence back to Prescott, AZ.
57. On or about March 5th,
1997, Mr. Charles Lewis called the CPS central
intake number and made a report of child abuse pertaining to the Mother's
conduct that he had reported to me on February 23rd, 1997, and that his
neighbors and other room mates had observed over the last three months. The Central intake representative from CPS
told Mr. Lewis that Max Bell the head supervisor from CPS of Prescott would
call him back as soon as possible to
take a full interview from the parties that had witnessed the Mother's abuse of
her children.
58. Mr. Lewis, his neighbors
and room mates were waiting for the call from Mr. Max Bell of the Prescott CPS
office. No call from Mr. Bell or the
Prescott CPS office came.
59. On or about March 14th,
1997, the Mother after finding out that Charles Lewis had spoken to CPS, the
Mother went to the Chino Valley, Arizona Prosecutor, a Mr. John Walker, a close
working associate of Glenn Savona, and
arranged to have charges filed against Mr. Lewis, stating that Mr. Lewis had assaulted her the Month before. Case
No. 97-CR264. Mr. Lewis found out about
this, when he was arrested and charged
with the offense approximately the first week in May, 1998. Mr. Lewis after going to court on three
separate occasions and having the Chino Valley Prosecutor extend the case each
time on September 10th, 1997 at the insistence of the Chino Valley Prosecutor,
and after several months of harassment,
pled no-contest to the charge with it being agreed to that the Chino
Valley Judge signed off to the fact that he was innocent of the charge and
maintained his personal innocence. The
Chino Valley Judge accepted the no-contest plea and signed off that Mr. Lewis
was innocent of the charge and maintained his personal innocence. Mr. Lewis was then fined approximately
$428.00 after pleading no-contest with the judge signing off that Mr. Lewis was
innocent of the charge. Miscarriage of justice, Yes..
60. On, or about March 12th,
1997, this Father called Max Bell of
the Prescott CPS office and inquired as to whether he was going to call Mr.
Lewis to accomplish an interview with Mr. Lewis, his room mates and neighbors
who were standing by with first hand
information as to the Mother's child abuse and abuse of illegal drugs and that
were ready to talk to CPS. Mr. Bell
said, the CPS office of Prescott, had
investigated and found nothing wrong after talking to the Mother on or about
March 6th, 1997, and that they were not going to call Mr. Lewis.
61. On March, 17, 1997, the
Mother, eight Months after being
ordered on November 6th, 1996, starts
with twice Monthly random TASC drug testing. Said testing being at the Father's expense.
62. On March 18th, 1997, this Father called the Prescott Police
Station to talk with an Officer Tom Alibrando. Officer Alibrando was originally
from New Jersey as was this Father. This
Father had spoken to Mr. Alibrando covering a period of several months, during which time this Father had briefed
Officer Alibrando as to many specific aspects of the cooperative fraud taking
place and surrounding this case. During the conversation, a taped conversation both by the Father and
the Police, this Father made the comment to Officer Alibrando pertaining to the
white washing orchestrated by the Prescott Office of CPS regarding Mr. Lewis's
report, that this Father wished that
the Prescott Police, CPS or some agency would put his child into protective
custody. That if the Father was to put
his child in to protective custody, the
only thing that would happen is that a swat team would be sent after him and he
would be taken out.. and he did not want to, or have that happen. Officer Alibrando mentioned to his
Sergeant, Sgt. Fricky, that the Father was getting pretty stressed out over
CPS's lack of action and the Sgt. Fricky informed the City Attorney's
Office, The office of John Mofitt and
Glenn Savona. The city attorney's
office then called a Sgt. Shane Read,
of which this Father had not spoken to,
and instructed him to call CPS, Judge Brutinel, and the Mother to pass
on that this Father said that he was
not going to return his child from visitation,
that it would take a SWAT team to get her back and that he had threatened
the court. These comments passed on by Sgt. Read being a clear fabrication as
to what was said by this Father to Officer Alibrando. Judge Brutinel, without notice to this Father or without a
hearing, canceled this Father's
visitation with his child, stating in
the court minutes that; Being that the Father said he was not going to return
his child from visitation, that he said
it would take a SWAT team to get her back and that he had threatened the court,
it is ordered that the Father's visitation is canceled in its entirety and that
being that the Father had threatened the court, Judge Brutinel was recusing
himself from this case for reassignment by the presiding Judge. This Father
became aware of this when he went to pick up his daughter for weekend
visitation and was denied. Officer Alibrando was also unaware that the Father's
visitation had been canceled or as to the reasons why.
63. On April 4th, 1997, Yavapai Case No. Do. 95-0538 was assigned to
Judge William T. Kiger.
64. On April 22, 1997, the first hearing was held in front of Judge
William T. Kiger. Charles Lewis, via
subpoena and Officer Tom Alibrando, via subpoena were present and gave
testimony under oath. Mr. Lewis
Testified that prior to coming to the hearing, his life was threatened that if
he testified against the Mother he would be killed. Mr. Lewis testified that the Mother, during the time she lived
with him, was actively soliciting to
have the Father killed. Mr. Lewis
additionally testified as to the child abuse and drug abuse perpetrated by the
Mother that he observed during the time period that she lived with him. Officer Alibrando under oath when asked if
in any conversation that he and this Father
had, did the Father ever say he was not going to return his child from
visitation, he responded "No he never said that", when asked if the Father ever said he was going to fight off a SWAT Team, he responded
"No", when asked did the Father ever threaten the court, he responded
"No", when asked did he ever tell any of his superiors the above, he
responded "No". When I
motioned the court twice for interim custody of my child it was denied by the
court. Visitation was reinstated with
the statement from the court that visitation was canceled based on a
misunderstanding on the part of the Prescott Police Department and a civil
standby was ordered to facilitate visitation. No other action was taken by the
court at this time. Immediately after
this hearing I requested a copy of the April 22nd, 1997 transcript both verbally
and in writing on numerous occasions and was denied this transcript. After great effort it was provided to me on
May 15th, 1998. This hearing of April
22nd, 1997, was not docketed to the official court docket as seen omitted
within a print out of the court docket,
Yavapai Case No. Do. 95-0538 of which
I viewed and received a copy thereof on August 13, 1997.
65. On April 28th, 1997 Mr.
Charles Lewis had his seven dogs poisoned, 4 died. The same day, April 28th, 1997,
this Father's dog was poisoned and almost died.
66. On April 30th, 1997, , the
Mother's TASC drug test was positive for Meth Amphetamines.
67. On May 12th, 1997, the
Mother's TASC drug test was positive for Meth Amphetamines, and upon re-testing showed greater than
10,000 NG/ML higher than the upper testing limits of the equipment.
68. On June 16th, 1997, the Mother's TASC drug test was positive for
Meth Amphetamines. The positive drug test results sent to the court, at that
time, were kept confidential by the court and this Father was not informed by
the court as to the positive tests and no action was taken by the court.
69. On or about July 1st,
1997, the Mother, without notice, moves
with the children from the State of Arizona to the city of Chicago,
Illinois, in violation of court orders
not to leave the state with the child,
in violation of court ordered drug testing in which the Mother evidenced
herself as a chronic abuser of Meth Amphetamines and in violation of court
ordered visitation.
70. On July 14th, 1998, an EX PARTE court hearing is held in which
the Father informs the court that the Mother has moved to Chicago. Judge Kiger
orders the Mother to appear with the child before the Yavapai County court on
July 21st, 1997.
71. On the morning of July
21st, 1997, at about 3:30 a.m., this Father heard someone possibly tampering
with his vehicle. At 7:00 a.m. before
heading to court this Father inspected his vehicle, saw nothing wrong and
headed off to court. While driving down
the highway at approximately 75MPH going to court, a sever vibration came from the vehicle. This Father immediately pulled to the
shoulder of the highway, and as he did, the vehicles drive shaft fell off on
the roadway as he came to a stop. Upon investigation, it was apparent that someone had removed the retaining clip ring
from the front U-joint causing the
drive shaft to separate from the front and drop down to the roadway. If the drive shaft had dropped from the
front while the vehicle was going 75MPH, in most probability the vehicle would
have flipped, causing severe injury if
not death. This Father caught a ride
with a passing truck driver to court, arriving 45 minutes late. An explanation was given to the court as to
this Father being late and a telephone report was made with the Yavapai
Sheriff's office as to the tampering done to this Father's vehicle.
72. On July 21st, 1997 the
Mother failed to appear at the scheduled court hearing. The Father informed the court that he had
arranged to fly to Chicago the following day to arrange in cooperation with the
Chicago Police for the return of his child to Arizona. The court then
issued a civil arrest warrant having a
bail amount set at $10,000.00 for the
Mothers arrest.
73. On July 22nd, 1997 this
Father flew to Chicago, arrest warrant in hand to arrange for the return of his
child to Arizona. Upon arrival in
Chicago and upon presenting the arrest warrant to the Chicago Police, the
Chicago Police informed this Father that the arrest warrant issued was
addressed to law enforcement within the state of Arizona and that the Chicago
Police did not usually exercise a civil arrest warrant. Being that I had made contact with them
several days earlier and being that they had confirmed that my child was
staying in one of the most seediest and dangerous locations in Chicago, that
they would make an exception and exercise the arrest warrant for the return of
my child to Arizona. The Chicago Police
located the Mother and placed her under arrest and put the child in protective
custody for return to the Father. The
Father was told that if the Yavapai Sheriff was willing to extradite they would
return the Mother to Arizona and if the Yavapai Sheriff was not willing to
extradite that they would release her within 72 hours and that I could have my
child for return to Arizona. The one
thing that the Chicago Police required was that the Yavapai Sheriff telex over
the official wire as to their request to enforce the arrest warrant. With several attempts being made by myself
and the Chicago Police, the Yavapai
Sheriff's office refused to telex the Chicago Police and the Mother was
promptly released to return to her residence in Chicago.
74. On July 23rd, 1997 this
Father left Chicago and flew back to Arizona without his child.
75. On July 28th, 1997 this
Father became aware of the fact that he could file a motion with the Illinois
court to enroll enforcement of a foreign judgment and have an arrest warrant
issued by the Chicago Superior Court to facilitate the return of his child to
Arizona. The Father informed the
Yavapai court on July 28th, 1998 that he was within a day or two going to
immediately go forward with this procedure.
76. On July 29th, 1997, Judge Kiger's secretary called by phone this
Father and said that the Mother had called that morning and said that she was
going to return to Arizona and that a hearing was set on August 4th, 1997, for
her to purge the arrest warrant.
77. On August 4th, 1997, a
hearing was held. With the Mother being
present, Judge Kiger after pointing to
a stack of legal pleadings from this case at least 17 inches high, in which the
Mother references enforcement or compliance with court orders in excess of two
hundred times, states, to the Mother that "I guess you did not understand
the meaning of a court order, so I am not going to hold you in contempt.".
This Father again motioned the court for assignment of interim custody and was
denied by the court. The Mother requests a hearing for enforcement of child support.
78. On August 8, 1997, this
Father filed an Emergency Expedite for Petition for Special Action and Interlocutory Stay, with the Arizona Court of Appeals Case
No.CA- SA 97-0245. Primarily this Father was requesting discovery through this
Special Action of which was intentionally being denied by the Judiciary of the
Yavapai Superior Court, Case No. Do. 95-0538.
79. On August 18th, 1998, the
Arizona Court of Appeals dismissed Case No.CA- SA 97-0245, declining
jurisdiction.
80. On September 3rd, 1998,
court orders a hearing set on September 15th, 1997 for enforcement of child
support. At that time the Father could
not aford an attorney to represent him.
81. On September 15th, 1997 a
hearing is held and this Father is ordered to pay $2,112.00 in child support
and $1,250.00 to pay for the Mother's
attorney, a total of $3,362.00.
82. On September 25th, 1997
the court orders that this Father is to pay The $3,362.00 within 30 days or be
incarcerated and have his drivers license revoked.
83. On October 14th,
1997, this Father borrows $4,000.00
from a Bob Lockett of Prescott.
84. On October 15th,
1997, attorney Barry Hart, Esq. of
Scottsdale, Arizona, being paid by the Father $5,000.000 makes an appearance
for this Father. Also on this date, at
the instruction of Mr. Hart, $3,571.00 was paid by the Father to the Yavapai
Superior Court. On October 17th, 1997,
this Father at the instruction of Mr. Hart, moved to Maricopa County and
established residency. This being done
at a cost of $3,400.00 to this Father.
This total $11,972.00, being 100% of this Father's moneys combined with borrowed moneys
from Mr. Lockett.
85. On October 31, 1997, Mr. Hart secures an interim custody order
from the Maricopa Courts signed by Judge Bernard C. Owens, Maricopa Superior
Court Case No. DR97-20762. This
Maricopa Superior Court Order gave the
Father interim custody of his child pending a hearing set for November 12, 1997
before Judge Jean Hoag of the Maricopa Court. The issues of the Mother's
unfitness as a parent, abuse of her
children and chronic meth addiction as well as the documented multiple counts
of criminal judicial misconduct surrounding and stemming from Yavapai
County were to be addressed at the
hearing of November 12, 1997 before Judge Jean Hoag. Mr. Hart assured this Father that no tactic utilized by the Yavapai Superior Court would be successful
or have the ability to thwart this Father's interim custody prior to the
hearing set of November 12, 1997, and
that through the hearing of November 12, 1997,
the parties from the Yavapai judiciary would be held accountable for
their participation with the evidenced multiple counts of criminal judicial
misconduct.
86. On Saturday, November 1st,
1997, this Father complied with the Maricopa Court order and maintained interim
custody of his daughter. On November 1st, 1997, the Mother, the City Police of Prescott, the Yavapai Sheriff and
CPS were served with a copy of the
Maricopa Court Order assigning interim custody to the Father pending a hearing
set, November 12th, 1997.
87. On Sunday, November 2nd, 1997, this Father, for the first time, with his daughter now almost two years old
and in his care, heard his daughter
say, " that's my daddy".
88. On Monday, November 3rd,
1997, Judge Jean Hoag of Maricopa
County received a telephone call from Judge William T. Kiger of Yavapai County,
with Judge Kiger requesting of Judge Hoag that she cancel the hearing set for
November 12th, 1997 as well as re-send the interim custody order on grounds of
venue issues.
89. On Monday, November 3rd,
1997, this Father, enrolled his
daughter in a Montessori School.
90. On November 5th, 1997, at
6:30 p.m., this Father received a phone call from Mr. Hart instructing him to
return his child to the Mother.
91. On November 6th, 1997, at
5:00 p.m., based on the instructions of Mr. Hart, this Father returned his child to the Mother.
92. On November 7th, 1997, at
10 a.m., this Father and his council, Barry Hart, attended a contempt
hearing held before Judge William T.
Kiger, Yavapai Superior Court. Judge Kiger
ordered this Father to pay the Mother's attorney fees in the amount of
$2,177.43 by December 12th, 1997 or face incarceration, and canceled this
Father's visitation with his child in its entirety. Judge Kiger set a hearing for January 8, 1998. This Father did not see or hear anything
about his daughter from this point forward until January 10th, 1998.
93. On November 10th,
1997, Mr. Hart filed with the Maricopa
Court, case No. 97-20762, in my name,
to my objection, a Notice of Voluntary Dismissal of the hearing set on
November 12th, 1997 before Judge Jean Hoag.
The hearing never took place.
94. From November 11th, 1997
until December 6th, 1997, Mr. Hart took no further action in the Yavapai or
Maricopa Courts. The limited contact
this Father had with Mr. Hart during this time period, it was expressed by Mr.
Hart that his three bread and butter case in which previously the case settlements had been agreed to, had fallen apart and he was working
frantically on damage control to protect those cases.
95. On December 3rd, 1997,
this Father moved back to his residence in Prescott, Arizona.
96. On December 6th,
1997, Barry Hart, Esq., without prior notice to this Father, filed a motion with the Yavapai Superior
Court to withdraw from case No. Do.
95-0538.
97. On or about December 23,
1997, this Father met with an attorney from Phoenix, Arizona by the name of
David West. This Father became aware of
Mr. West several days earlier after hearing Sam Steiger, a major player involved
with the misconduct stemming from this case,
publicly denouncing Mr. West. This Father brought forward to Mr. West
the positive drug test results of the Mother.
Mr. West stated to this Father that it was mandatory and essential to
get the positive drug tests on the record at the next hearing scheduled for
January 8th, 1998 and that if the judge, Judge Kiger ignored these drug
positives and kept the status quo relevant to custody being maintained with the
Mother over the Father, he would
immediately file with the Court of Appeals for an advisory letter to be handed
down from that court which would instruct Judge Kiger as to assigning custody
of the child to the Father.
Additionally Mr. West thought he would be able to have the previously
ordered payment of the Mother's attorneys fees in the amount of $2,177.43
levied against the Father to be transferred by order of the court for Mr. Barry
Hart to pay. This Father agreed with
Mr. West's plan of action as stated and agreed to retain him and authorized him
to make an appearance in Yavapai Case No. Do. 95-0538. All phone conversations
between Mr. West and this Father were recorded by the Father as a record of Mr.
West's representations.
98. On January 5th, 1998,
David West filed with the Yavapai Superior Court for Substitution of Council of
records, making an appearance to the case.
99. On January 8th, 1998, a
hearing was held before Judge William T. Kiger. Mr. West, being present,
motioned the court to have the order for payment of the Mother's
attorney fees in the amount of $2,177.43 to be dismissed against the Father and
levied against Barry Hart, Esq. With
no objection from the Mother's council it was so ordered. Mr. West then addressed the issue of
custody and did not bring up the Mother's positive drug tests for the record,
nor make reference to the numerous affidavits on file from individuals
associated with the Mother attesting to her abuse of her children and
drugs, nor make reference to the
numerous affidavits on file from individuals associated with the Father
attesting to his good character, nor
make reference to one document contained within the extensive case file made
available to him by the Father, but instead said that he had come to an
agreement with the Mother's council and that Mr. Markham, the Mother's
council, would read the agreement into
the record. At that point this Father
objected strongly to Mr. West's conduct of presenting a standard agreement of which white washed the Mother's
past conduct and maintained custody of this Father's child with the
Mother. The end result of that day in
court was that a standard, as previously maintained status quo, custody, visitation and child support
agreement was entered without the written consent of this Father and clearly
contradictory to the best interests of the child. Mr. West was subsequently fired by this Father and as told to
this Father by several attorneys that reviewed Mr. West's conduct, was that Mr.
West, through the element of surprise,
did what is called in the legal profession as Sand Bagging His
Client. I was also informed by the same
attorney's that in light of Mr. West having had a twenty five year close
relationship with Sam Steiger, which
included sponsoring Mr. Steiger for public office, and with Mr. Steiger being clearly listed as an adversarial party
to the action, Mr. West had a severe
conflict of interest in making an appearance in this case and that I had clear
grounds for a malpractice suit against Mr. West. Mr. West was never paid by this Father. On July 14, 1998, this Father was served with
a civil suit by Mr. West filed in Division 2, of the East Phoenix Justice Court
of Maricopa County on June 16th, 1998, Case No. CV98-03460RA, claiming legal fees due in the amount of
$6,432.21 for his appearance to Yavapai Case No. Do. 95-0538.
100. On January 10th, 1998,
this Father saw his daughter for the first time since November 6th, 1997.
101. On or about February,
1998, the Mother let her older daughter, now age eleven, see her father Delbert Arrowwood for the
first time in six years. This involvement between father and daughter was
allowed by the Mother being that it was for the daughter to attend her father's
funeral..
101. As of February 11th, 1998
until April 11th, 1998, Regular alternating weekend visitation resumed, and as in the past this Father had no say,
knowledge or involvement with his child excluding the short periods of time
that his child was in his care. During
this time period, this Father primarily, for alternating weekend visitation, took his daughter camping and fishing on
the Verde River in Arizona of which she enjoyed very much. These camping trips
built an ever growing bond between Father and daughter. The Father always
documented the happiness and joy of adventure these camping trips brought out
in his daughter with many pictures taken,
of which a set of the pictures from each trip were given to the Mother
by the Father. The Mother was always asked by the Father if she would like to
participate with or during any visitation this Father had with his child and
the Mother always declined.
102. On February 26th, 1998,
this Father issued and served a subpoena on Douglas Kramer, head lab technician
of TASC from Phoenix to appear at a status conference hearing scheduled for
March 2nd, 1998, as well as on this dated noticed all parties to this case that
Mr. Kramer would be at the hearing to give testimony for the record as to the
Mother's positive TASC drug results.
103. On March 2nd, 1998, a
status conference hearing was held before Judge William T. Kiger, Mr. Kramer being
present was not allowed to testify or enter the hearing. On March 3rd, 1998, Mr. Kramer called
the U.S. Attorney's office to request an investigation of the evidenced
misconduct involving the Mother's positive drug test results coming from the Yavapai
Superior Court of which he had observed on March 3rd, 1998 as well as what he
had observed in the past surrounding Yavapai Case No. Do. 95-0538.
104. On or about April 6th,
1998, the Mother had in her possession one
copy from a copier. This one copy was brought by the Mother to the
Prescott office of CPS and to the Prescott police with the Mother claiming
child sexual abuse against this Father.
This Father had allowed his daughter to play with his copier on many
occasions in which his daughter would make dozens of copies of her hands and
face. This Father gave the Mother over one hundred copies made by his daughter
in her play spanning a two month time period, of which this Father's daughter
when playing with her Father's copier, hit the print button and had one butt
shot taken. This one and only butt shot was included with the copies given the
Mother by the Father. The one copy when brought by the Mother to the Prescott
office of CPS and to the Prescott Police with her making claims of child sexual
abuse, both agencies dismissed the
Mother's claims and took no action based on the Mother's insinuations regarding
this one copy made and shown to them.
105. On April 11th, 1998, at 5 p.m., this being the day and time
agreed upon between the Mother and the Father from several days earlier, for the beginning of the Father's first
Holiday visitation, Easter, with his
child since his child's birth, visitation was defaulted on by the Mother with
the Mother not contacting the Father. That day did result with a trespass
warning being issued against this Father when he stopped into the office of the
motel in which the Mother has lived for over a year and requested from the
manager of the hotel to put a phone call through to the Mother and was refused
by the manager.
106. On April 18th, 1998, the
Mother defaulted on weekend visitation and when the Father requested a civil
standby from the Prescott Police to enforce court ordered visitation, the
Mother told the Prescott Police a fabrication that she had a court order
canceling the Father's visitation. This
fabrication created by the Mother resulted in the Prescott Police not enforcing
visitation but subsequently led to the Prescott Police, upon verification that
the Mother's story was a fabrication, Class 1 misdemeanor violations of ARS
13-2810A.2 and ARS 13-2907.01 were
filed by the Prescott Police on April 30th, 1998, case No.98040816C, against
the Mother and the Mother being served
with the charges on May 4th, 1998. The
case went before the City attorney's office, the office of John Mofitt and
Glenn Savona. On May 6th, 1998, Glenn
Savona filed a motion through his underling to arbitrarily dismiss the charges
stating that the Mother was given the wrong information from superior court
staff. The charges were dismissed by
the Judge on May 6th, 1998. This was
done without the Father being notified or even contacted by the city attorney's
office. Additionally this Father had a
tape telephone recording of the Mother from Friday, April 17th, 1998 at 4:30
p.m., when she inferred to this Father
that she had a court order canceling visitation. Within this taped call the Mother clearly refusing to speak with
the Judge's or court clerk's office to verify that no order to that effect
existed.
107. On April 20th, 1998, the
Mother filed with the Yavapai Court several pleadings, one of which contained comments regarding
the one copy and claims of child sexual abuse inferences therefrom.
108. On April 23rd, 1998, this
Father responded to the Mother's pleadings filed with the court and within his
response he made specific reference to this one copy and answered the Mother's
claims of abuse derived therefrom.
109. On May 21st, 1998, this
Father was served with a summons by the Prescott Police to appear in court and
that he was being charged with trespassing, a class 3 misdemeanor, case
No.98050416C and prosecuted by the City Attorney's office, the office of John
Mofitt and Glenn Savona. The trespass
charge coming from the trespass warning issued on April 11th, 1998, one and a
half months earlier, when this Father walked into the office of the motel in
which the Mother resides and asked for a call to be put through to her room for
the purpose of accomplishing court ordered visitation. After much effort and time on the Part of
this Father, this Father at trial on July 2nd, 1998, before Judge Robert
Kuebler was found not guilty of the charge of trespassing.
110. On May 28th, 1998, a
scheduled one hour child support enforcement hearing was held before Judge
William T. Kiger. This Father brought
forward a witness, Robert Lockett of
Prescott who gave testimony as to the criminal judicial misconduct perpetrated
by Judge Robert Brutinel that he witnessed
at a prior hearing held on August 21st, 1996, Yavapai Case No. Do. 95-0538.
The Mother and the Father then gave testimony. Judge Kiger then entered a
judgment against this Father in the amount of $1,463.00 to be paid to the
Mother for back child support. With one
hour having passed Judge Kiger states that he has some extra time to address
another issue. In the last ten minutes
of this hearing, the Mother and the Court for the first time present the one
copy discussed earlier stemming back to April 6th, 1998, with several other copies,
several hand shots, and several face shots a total of seven copier copies. Judge Kiger, then in reference to the one butt shot states, " Mr. Burien,
I don't think your child is safe around you for one second of the day or at any
time. I am canceling your visitation in
its entirety and the only way that you will ever see your child again will be
through supervised visitation, if it can be arranged." Mr. Lockett tried to address the court but
was denied. Judge Kiger then closed the
hearing. This Father Immediately upon leaving the court room, went to the Court
Clerk's counter and filed a Motion to Strike the order canceling visitation
based on numerous and obvious grounds as to why this order should never have
been issued.
111. On June 2nd, 1998, this
Father filed with the Yavapai Superior Court a Notice to Judge William T. Kiger
to Report Alleged Judicial Misconduct of: Judge Robert Brutinel, to: The
Commission on Judicial Conduct, per the
Judicial Canons he is bound by, acting for the State of Arizona.
112. On June 11th, 1998, with
no response or opposition being filed with the court by the Mother to this
Father's Motion to Strike submitted on May 28th, 1998, with the court, this Father filed with the Yavapai Superior
Court Case No. Do. 95-0538 a Notice of Silent Agreement and Default by Tacit
Procuration of Administrative Demand,
which based on the rules of civil procedure, with no response or opposition being filed with the court by the
Mother, by default, grants this Father's Motion to Strike. Judge William T. Kiger has ignored this and
has left this Father's visitation in a state of cancellation.
113. As of May 28th, 1998 to
Present, July 21st, 1998, this Father
has not seen or heard from his daughter and all attempts to make contact with
the Mother have been unsuccessful.
114. On and as of July 21st, 1998,
this Father moves forward to seek immediate and effective remedy.
CONCLUSION
1. On June 8th, 1995, this Father went to the Yavapai Superior Court
expecting justice and remedy through issuance of court orders in the best interests of and for the protection of
his first born child.
2. As time passed and up until the present, what this Father and many of the residents
of the city witnessed coming from the Yavapai Superior Court and the political
structure of Prescott, Arizona, involved with this case, was not that of the administration of
justice but that of the obvious cooperative obstruction of justice interwoven
with numerous and consistent acts of criminal judicial misconduct, symptomatic of the severe abuse of judicial
discretion.
3. In all effect and for all purposes, from the birth of this Father's child on December 6th, 1995, what
this Father experienced, from the Yavapai Superior Court and the political
structure of Prescott, Arizona, involved with this case, was and is, in all respects the effective
kidnapping from this Father of his first born child, through and by what can
only be called loosely, the color of law.
4. From the majority of actions or lack thereof from the Yavapai
Superior Court and the political structure of Prescott, Arizona, involved with
this case, from what this Father and many residents of Prescott witnessed, in
its closest comparison, was that of an organized criminal syndicate acting
under the color of law, contrary to the
interests of the administration of justice,
the law, this Father and the best interests of this Father's child. The child is being systematically
indoctrinated against the Father, by the Mother, through the forced absence of the Father. This being done with
the cooperation of the judiciary involved with this case from the Yavapai
Superior court.
5. The six witnesses to date that have come forward over the last
three years, to the Yavapai Superior Court, local office of CPS or to the
Prescott Police Department that attested
to the Mother's drug abuse and abuse of her children, five have left the State of Arizona as a
direct consequence of the intentional harassment inflicted upon them after
coming forward and reporting said abuse perpetrated by the Mother.
6. The personal, psychological and professional disruption caused
this Father from the consistent and cooperative effort to white wash the
Mother's drug abuse, abuse of her children, choice of environment and the criminal
misconduct surrounding this case as this Father pursued remedy for the
protection of and involvement with his daughter has generated a financial debt
for this Father of $18,000.00 and his
personal and professional life has been severely weakened if not irreparably
damaged from the ordeal.
7. From the beginning of this action till present, this Father has been aware of or observed at
the hands of the Mother, his child degraded and passed around within the Mother's realm
of environment, amongst individuals of
which in most circumstances, this
Father would not allow, in all respects,
to pet his dog. The Mother's
questionable environment and evidenced
character determined by choice of
environment, being allowed, promoted
and facilitated by the intentional
conduct and rulings of the Yavapai Superior Court, contrary to the wishes of the Father and clearly against the best
interests of the child.
8. The Mother has, as with her first child and now currently with
her second child, excluded the Father
from any involvement, say, feedback or
participation with their child. The
Mother has and is looking to financially subsidize her lifestyle by maintaining
total control of her children. This
Father's child since birth has been passed around between numerous individual
males of whom were intimately involved
with the Mother. Three of these male
individuals have called this Father reporting the severe child abuse and
dangerous mental state of the Mother that they personally observed.
9. The Mother, as of January of 1998 has maintained a showing of no
positives on her own TASC drug screening tests but has continued to maintain
and expose her children to an environment and contact with individuals actively
involved with the severe and illegal abuse of dangerous narcotic drugs.
10. It is evidently
clear, that the Yavapai Superior court
and local political structure of Prescott, Arizona, involved with this case, as established through their conduct and
judicial rulings or lack thereof, to date, intends to and will perpetuate the
environment and conditions that this
Father's child is exposed to as well as the effective kidnapping of the child
from the Father. This being done as the
Yavapai Superior court continues, in all meanings of the word, to extort revenue from this Father per
enforcement of orders of the court.
11. The evidenced criminal
misconduct on the part of the individuals involved from the Yavapai Superior
court and local political structure of Prescott, Arizona, involved with and surrounding this case, jeopardizes the safety of the
community. Not one citizen is safe for
one second of the day as long as judges from
the Yavapai Superior court
involved with this showing of blatant misconduct are allowed to sit on
the bench and exert their judgments over the citizens of this county.
DOCTRINE EXERTED
1. This Father, first and
foremost requires equal participation with his child. Starting immediately with assignment of at least four months as
the primary care giver to his child and equal participation thereafter and if
deemed necessary, the Father being assigned as the full custodian.
2. This Father will pursue and requires the investigation and
pursuit of criminal indictments from superior law enforcement agencies, with
jurisdiction, from both State and Federal Governments as would pertain to
criminal misconduct stemming from and surrounding Yavapai Superior court case
N0. D0.95-0538.
3. In the event no intervention from a superior law enforcement
agency with jurisdiction is applied, from State or Federal Governments, this Father if confronted by organizations
or individuals conducting themselves as an organized criminal syndicate, will
be responded to by this Father through and by whatever means necessary to protect
his child, his property and his life.
This applies to any and all representatives of that syndicate, assignees
or agents fulfilling the dictates of that evidenced criminal syndicate.
4. This Father from this point forward will apply his time, efforts,
and moneys for the benefit of his child only through and by direct
participation and involvement with his child.
No moneys will be allocated by the Father except for the money's applied
when the Father is caring for his child
or when he knows at his discretion that the moneys will be utilized to directly
benefit his child.
5. This Father requests and requires the cooperation from the
citizens of this county as well as the
law abiding local law enforcement within the city of Prescott and the county of
Yavapai in dealing with, holding accountable and neutralizing any individuals
or organizations conducting themselves as a criminal syndicate from within the
governments located and established in Yavapai County.
AND FURTHER AFFIANT SAITH NOT.
Walter J. Burien, Jr., AKA Bubien, Private Arizona Citizen by
special limited
appearance, in Propria Persona, as an alleged Trustee in summo jure
jus regium, "without
Prejudice" to any of my God given or secured rights.
Jurat\Acknowledgement
STATE OF ARIZONA }
} Subscribed,
Sworn and Sealed
County of Yavapai }
On this 21st day of July 1998, Private Citizen Walter
Burien, Jr., being duly sworn, as such deposes, and did personally appear
before me, and is known to be the Citizen described in, and who executed, the
foregoing instrument: Father's Parenting Doctrine Exerted, containing 24 pages
by Affidavit of service of process, and acknowledged that he executed the same
under oath as His free act and deed as a Citizen \ Sovereign in the above said
State and County.
Subscribed and sworn to before
me the undersigned Notary Public in said above State and County.
_______________________________________ ________________________________________
My commission Expires Notary Public
Original Hand Delivered to
the Clerk of the Yavapai Superior
Court, on 07/21/98
AND COPIES SENT 07/21/98 - TO:
Robin Arrowwood - (address of
record), Prescott, AZ 86301
The Commission on Judicial
Conduct, 1501 W. Washington St., Suite 229, Phoenix, AZ 85007
Kim Kelly, FBI, 1645 S. Plaza Way, Flagstaff, AZ 86001
U.S. Attorney Jose Rivera, 230 N. 1st Ave, Suite 4000, Phoenix AZ 85025
Governor Jane Dee Hull, 1700 West Washington, Phoenix, AZ 85007
45,000 copies delivered
07/21/98 (General Delivery) general
public distribution and domain.
By:
W.
J. Burien, Jr.
24
YAVAPAI SUPERIOR COURT CASE
NO. DO. 95-0538 07/21/98 Page 1