Tyler Tx: Two Dead in Bitter Custody Dispute

IT JUST CONTINUES...

Consider Convicted domestic violence offender Ron Price, and Greg Watkins - who defends him.

Then you'll know why Dallas, children remain at risk. There were a number of calls to the police before Johnny Khanthalangsy murdered his 4-year-old daughter, Mya Lina Khantahlangsy. Her mother called. Khantahlangsy's therapist called. Khantahlangsy did too.

The police ambled over to the residence before Khantahlanagsy murdered May Lina and himself. They didn't speak to her. They spoke with Khanthalangsy's parents. They left, assured everything was okay. (Will the parents be charged with a crime? Will the officers?)

We don't know why reporters refuse to educate their readers how routine these types of crimes are. Our feeling is reporters could, at the very least, mention websites tracking events, and histories behind these types of crimes.

Instead, readers of the DALLAS MORNING NEWS are treated to stories impacting their safety, buried deep within the folds.

STORIES HALF-REPORTED.

Consider former Loving County Sheriff Richard N. Putnam, pleading guilty to one count of child indecency, and sentenced to six years of Probation, without a mention of the name of the crime lite sentencing judge, or the DA agreeing to Putnam's wrist slap.

In the case of THE DALLAS MORNING NEWS, reporters Jennifer Emily, and Reece Dunklin, were aware of websites tracking crimes and attitudes like the above.

We've spoken with and emailed much, to both. We've requested features alerting the public to bad cops and family court conditions, (in the case of Jennifer Emily; since 2001). Neither have decided to proactively write features that protect the public.

Same for Holly Yan, earlier this year. In addition to not reporting these types court and police attitudes, all declined to alert or educate their readers to websites who do.

Are "reporters" like these dangerous?
Yes.
Are they doing their job?
No.
We're not merely unhappy with The Dallas Morning News. The HOUSTON CHRONICLE's Tom Marshall, Andrew Tilghman, Cindy Horswell, Melanie Markley, are equally indifferent to educating their readers.

We've either emailed or spoken to them all. Efforts to encourage in-depth reporting are futile. Houston readers can expect to remain clueless to indifferent judges and police in family court. Parental attempts to protect their children remains, almost impossible.

Take Houston's PBS - please. Programming Directors Julie Coan and Ken Lawrence quickly caved to groups of men with telephones protesting the airing of PBS documentary "Breaking the Silence."

As documentaries go, Breaking the Silence didn't break new ground. Women reporting abuse in family court have been losing custody of their children for about the last twenty years. Yet media outlets like Houston's PBS and both Julie Coan and Ken Lawrence buckled. It's unclear whether Coan beat Lawrence to the floor, after a men in large numbers, orchestrated a telephone protest. What these group lack in facts they make up for in numbers. And with these people heading up management, this station's caving in after call-ins, is worth thinking about during Houston's next pledge drive.

Subscribers and advertisers have a role in this. They could demand investigations and in-depth reporting. Until that time, however, expect murders, usually the result of police failure to perform, to be featured as "news," just briefly. The history of the system, and why it continues, will not be mentioned.

We suggest writing to the publisher or Managing Editors. In the case of Dallas Morning News, Jennifer Emily, we requested she be pulled from covering the courts. We're not expecting that will happen, but we felt an obligation after years of her refusal to dp so,to ask.

Texas Newspaper subscribers should be aware their newspapers do not feel family court, the one court their readers visit most, merits a beat reporter.

As such, subscribers remain unaware as to the marketing reality behind family court and police, either failing to perform, or their penchant to perform in a way that leaves one slack-jawed. (This site is aware the same scenario plays out in other states). Please check the "Bad Cops" section for additional information. Featured below; two types of abuse of authority.

San Antonio: May 3, 2005
Rhea Davis
Express-News Staff Writer

Near the end of Ressie Mangum's bitter divorce, police officers showed up at her door with commitment papers and an order to take her to a mental facility for evaluation.

"They grabbed my arms and pulled me onto the porch," the San Antonio-area woman testified Monday. "I didn't know what was happening."

After she arrived at the mental health facility, she was placed in a room behind locked doors and examined by a psychiatrist to determine if she was a threat to herself or others, according to testimony. After about four hours, doctors determined she was sane and released her.

Her ex-husband, John Levesque, 47, is now standing trial before County Court-at-Law Judge Oscar Kazen on a charge of unwarranted commitment to a mental institution. If convicted of the misdemeanor, he faces up to one year in jail and a possible $5,000 fine.

Mangum testified that her husband was furious about their divorce and a judge's order forcing him to pay temporary spousal support.

The commitment application was filled out the day after the judge hearing the divorce proceeding ordered Levesque to turn over his financial records.

Prosecutors say Levesque was seeking revenge against Mangum when he filled out the application. Mangum told jurors she has never suffered from any kind of mental illness.

But defense attorney Aida Rojas said Levesque was genuinely concerned about his ex-wife's mental health after she called him at home and made homicidal and suicidal threats.

"He loved his wife," she told jurors during opening statements. "Even though they were going through a divorce, he still cared about her and wanted to make sure she was safe."

On Jan. 29, 2004, Levesque went to a mental heath clinic and sought to have his wife committed, according to court records.

During the application process, he took an oath swearing that all the statements he gave in the application were true. A few days later, Mangum was picked up by police.

Mangum said she was terrified when she discovered her ex-husband was trying to have her committed.

"I didn't know how long I was going to be there or what they were going to do to me," she said.

Rojas pointed out that Mangum was never physically restrained or placed in a padded room during the four hours she was held at the mental health facility.

Texas law allows police to detain someone if an officer believes the person is mentally ill and poses a substantial risk of serious harm to himself or herself or to others unless the person is immediately restrained, according to the Texas Citizen's Commission on Human Rights, an advocacy group for the mentally ill and others in psychiatric facilities.

Police can also take someone into custody if a "credible" party reports the person is a threat to himself or herself or others.

Lee Spiller, executive director of the human rights organization, said the commitment process in Texas is less stringent than in other states.

People can be held for only 24 hours unless it is determined they are a threat to themselves or others. If they are found to be a threat, a court hearing would take place to decide if they should be committed to an institution.

Big Fees help disbar one attorney

On May 9, the 191st District Court of Dallas County disbarred Robert N. Goldstein [#08102590], 45, of Dallas. The court found Goldstein, in representing a client, neglected a legal matter and frequently failed to carry out obligations owed his client. He also failed to abide by his client's decisions concerning the objectives and general methods of the representation or explain a matter to the extent reasonably necessary for the client to make informed decisions regarding the representation.

Goldstein was found to have collected an unconscionable fee in a divorce case and to have engaged in conduct involving dishonesty, deceit, or misrepresentation. He violated Rules 1.01(b)(1) and (b)(2), 1.02(a), 1.03(b), 1.04(a), and 8.04(a)(3). He was ordered to pay $54,421.64 in attorney fees. Goldstein is appealing the matter.

Why not show you care about your kids and your finances, and opt for a,

Civilized Divorce

Ex-officer sentenced for child sexual assault

A former police officer at Cedar Hill State Park has been sentenced to 10 years in prison and fined $1,000 after pleading guilty to three counts of aggravated sexual assault of a child. Byron Daniel Lueck, 44, admitted repeatedly assaulting an 8-year-old girl under his care between May 1991 and July 1992. He received two 10-year prison terms, which will run concurrently. The judge delayed sentencing on the third count. As part of a plea agreement, Mr. Lueck will face 10 years' deferred-adjudication probation once he's released from prison.

We are pleased to report San Antonio attorney, Richard Lee Garza, suspended his campaign for judge, since his indictment by a Wilson County grand jury on three counts of aggravated sexual assault of a child.

Meanwhile, former Judge Craig Fowler, best remembered for allowing a TV crew into his courtroom, where unfortunately for him, the crew filmed Fowler's playing Solitaire during a custody hearing, did not take his reprimand from the State Judicial Commission, well. But no matter. The eleven page report was later reduced to a one page summary, before disappearing altogether. Fowler returned to his law practice.

Justice, Texas style, reminds us some of those charged with minding the judiciary, ridiculous excuses for minders of the Constitution, would be better suited sitting on a park bench, than a judicial one.

Truancy Court Judge Marvin Dean Mitchell of Amarillo, Texas quit the bench, but avoided prosecution for "official oppression." The judge, who was known to telephone kids on probation to check up on them, called one 15-year-old truant and demanded that she talk dirty to him, according to a complaint the girl filed. Three other teens came forward with similar stories.

Robert E. Hollman, a Texas judge, resigned after his secretary complained to the EEOC of Hollman's propensity to tie her up. "Judge Hollman would bind [the secretary's] hands behind her back, tie her ankles together and gag her with a scarf," according to the complaint. "Judge Hollman would sometimes carry [her] bound-and-gagged ... around the office; other times, Judge Hollman would leave [her] tied to a chair or lying on the floor for long periods of time." While she struggled to free herself, Hollman would often watch bondage videos. His lawyer claims these antics were consensual.

The New York Times recently profiled how those asking for help, lose custody. In Texas though, it's been going on for a long, lonnnnnng time.

BATTERED TRUST
- Advocates say courts sometimes fail to protect custody rights of battered spouses; judges call rulings fair
By Kendall Anderson
The Dallas Morning News
originally published 05-12-1998.

TERROR AT HOME: DOMESTIC VIOLENCE IN DALLAS COUNTY

Annette Travi and Kelly Abernathy say the beatings they'd suffered hadtaught them the meaning of pain. But that was before they got to divorce court and lost custody of their children to the men they say abused them.

Domestic abuse victims and their advocates say the two women's stories illustrate problems in a family and civil court system in which, nationally and locally, judges and lawyers too often put victims and their children in danger, reward abusers and punish victims for raising the issue of violence.

Local judges acknowledge they are skeptical about abuse complaints but say their decisions are fair.

In some cases, they said, abuse victims, because of the violence they have suffered, are less stable than their abusers, and therefore, relatively speaking, the worse parents.

Family court woes are "the Number 1 problem we hear about" on the National Domestic Abuse Hotline, said Christina Walsh, a spokeswoman for the Texas Council on Family Violence.

In some cases, advocates and attorneys say, area judges have refused to consider protective orders and criminal convictions as evidence of abuse when making custody decisions.

In others, abusers have been given full custody of their children - in part because of a state law that says abusive spouses can't be given joint custody.

One local judge, after hearing allegations of abuse, nonetheless ordered children to be picked up by the accused spouse at the Family Place shelter - a location that staffers take great pains to conceal from abusers.

And several judges require abuse victims to attend weeks of counseling with their abusers, sitting in the same room and learning how to communicate.

"When a victim flees an abusive relationship, she is doing one of the hardest, most courageous things she's ever done," said Sandy Gaylord, a longtime counselor with the Family Place. "Then to face what so many of them face in the courts is just incredible."

Four Dallas County family court judges and attorneys talked to The Dallas Morning News about handling abuse cases. Several judges and attorneys declined to be interviewed or didn't return calls.

The judges said they have to rule on the basis of evidence presented and must choose among limited options.

In Ms. Travi's case, for instance, she says her attorney refused to raise the issue of abuse, so the judge had no way to know of the problem when she gave Ms. Travi's husband full custody of their kids and allowed her to visit them only under the husband's supervision.

Ms. Travi's husband declined to comment for this story. He has been charged with aggravated assault for allegedly beating her so severely that her brain swelled.

And in Ms. Abernathy's case, she never reported the abuse to police, out of fear, she said, for what her husband would do. He did not return phone calls but denied in court that he had abused her.

Ellen K. Solender, a professor emeritus at Southern Methodist University School of Law, interviewed five of the seven Dallas County family court judges and six of seven associate judges.

"The judges . . . are annoyed by the feminist approach of the advocates. . . . They complained about the advocates acting as if the victims did nothing wrong and the abusers were totally to blame," Ms. Solender wrote in her report, which is to be published in the Women's Rights Law Reporter of Rutgers University's law school.

"The judges simply do not believe that all the violence is unprovoked."

In Texas, the family code requires judges to consider a history of domestic abuse before awarding custody of children. It also bars judges from giving joint custody to abusers. But, some attorneys say, it does not clearly set out the standard of proof required to show that abuse occurred.

Local judges say the law has forced them, in some cases, to give full custody to the abusers.

"In a lot of these cases, the alleged abuser is frankly the more stable parent," Associate Judge Jeff Coen said. "Do you give the child to an abuser? You try very hard not to. I think those cases are very, very rare."

Judges said the law forces them to choose between giving custody to the victim, who often needs therapy, or the abuser, who often makes a better impression.

All sides agree that part of the problem is inescapable: Victims who've been beaten down often don't make good witnesses for themselves. And often they are the financial losers in a break-up.

"It gets very difficult when you get backed into that situation," District Judge Brenda Green said. "But if the Legislature doesn't want any room for us to maneuver on that, then they ought to change that law and tell us."

"Many judges feel like the best interest of the child is a roof over their head and clothes on their backs," said Virginia Patrizi of Legal Services of North Texas. "But being in a shelter with someone who is emotionally close to them is better than living in a huge mansion with someone who doesn't care about them or, worse, is abusive."

Judges interviewed say they don't base decisions only on courtroom appearances and income. Several said victims often aren't capable of parenting.

Some attorneys say judges often assume that spouses who abuse their partners aren't a threat to children.

"In the family courts, the problem is they don't make the leap between a badly abused woman and the kids. He gets the kids because someone thinks, well, he hasn't done anything to the kids," said Kelly McClure, a past chairwoman of Lawyers Against Domestic Violence.

Various studies have shown that a majority of partner abusers eventually will abuse their children. But professor Solender's report says some Dallas County judges don't see the correlation.

Some judges, Ms. Solender wrote, "do not understand that violence in the home teaches boys to be violent as a way of life and girls to expect that they will be subjected to violence."

Abuse victims, from fear, sometimes make decisions that hurt their cases, such as not reporting abuse to police.

"I honestly thought he was going to jump across the courtroom and come after me when I was up on the stand," recalled Ms. Abernathy, 28.

Ms. Abernathy testified in March that she fled Texas with her young son and daughter to escape physical and verbal abuse by her husband. Her husband denied he abused her.

In her absence, Dallas County District Judge Richard Johnson granted her husband temporary custody of the children, based on an affidavit describing his wife's teenage criminal record and alleging she threatened to kill her kids.

Shortly after she arrived in Colorado, Ms. Abernathy found police at her children's school handing them over to her husband.

Ms. Abernathy said she should have been given a chance to respond before her children were taken.

"How was he able to convince a judge on paper to take away the kids I've raised? That's scary," Ms. Abernathy said.

Judge Johnson did not respond to requests for comment. His associate judge, Jeff Coen, also declined to comment.

Ms. Patrizi, Ms. Abernathy's attorney, confirmed that most orders for temporary custody are granted after a hearing with both parties.

In December, Ms. Abernathy testified, Paul Abernathy beat her violently, dragging her across the living room floor. Ms. Abernathy said she never reported that or other incidents to police because she feared her husband. She has since moved to a local shelter.

Mr. Abernathy did not return calls. His attorney would not comment.

In March, Judge Coen granted Paul and Kelly Abernathy joint custody. He called Ms. Abernathy's flight from Texas "an act of desperation or an immature act of parenting."

The judge also called Mr. Abernathy's affidavit - which got him temporary custody in the first place - "half true."

Many attorneys and judges dislike the hassle of abuse cases because they are lengthy and emotionally draining, Plano attorney Linda Risinger and others said.

In cases such as Ms. Travi's, advocates say, a victim's own attorney can cause problems.

Ms. Travi said she was the primary caregiver for her daughter and two sons until abuse forced her to leave her husband two years ago. But after her husband's attorney presented evidence that she had earlier been admitted to a drug treatment program, a Dallas County judge granted Mr. Travi sole custody.

Ms. Travi said her attorney, Ron Blackwell, wouldn't raise abuse as an issue, even though she told him hospital records would show she was treated for a black eye that her husband inflicted.

She said she also could have provided evidence that she did not have a drug problem but that she entered treatment to get help for abuse-related depression.

Mr. Blackwell said he does not remember Ms. Travi mentioning any abuse. If she had, he said, he would have raised the issue in court.

With her ex-husband about to go on trial for the aggravated assault that allegedly caused the swelling of her brain, Ms. Travi is hoping to win custody of her kids.

Stories about attorneys who won't raise abuse issues aren't new, advocates say.

"Many attorneys will sell an abused woman down the river," said Linda Risinger, Ms. Travi's current attorney. "The most important thing is that first hearing, and unfortunately, many attorneys don't give it the time and effort they should."

Several Dallas County family court judges said better attorney and client preparation at the initial hearing could solve many problems.

"I can't consider it [violence] if it hasn't been brought up," District Judge Dee Miller said.

Even when the issue of abuse is raised, however, several Dallas County judges acknowledged they view such claims with some cynicism.

"You get down to this problem, which is that most bad marriages have physical pushing and shoving. Now that's not good, but is that abuse?" Judge Miller said.

Last year, in a civil court damages case, Judge Miller overruled a jury's unanimous decision to award $325,000 to a woman who said her husband had physically and verbally abused her for more than 25 years. In addition, she fined the woman $120,000 to compensate for court expenses. The unusual decision, which has drawn criticism from some advocates and lawyers, is on appeal.

Judge Miller declined to comment on the case, from which she has recused herself. In her decision, she concurred with a motion from the woman's husband that said the abuse allegations were vague and that the woman's emotional distress stemmed from other problems.

Speaking generally about abuse cases, Judge Miller said the difficulties faced by real abuse victims don't justify trampling on the rights of others.

"I recognize I'm not perceived as the most sensitive in this area," she said. "But I think they [victims] come across not being credible."

She said victims often avoid eye contact and don't speak audibly, which hurts their cases.

"I can't swear they are acting like that because they have been truly abused or because they're not being truthful," she said.

Victims' advocates and attorneys complain that many judges - including associate judges who make most temporary custody decisions - have never had training on domestic violence that could prevent many mistakes.

Sandy Gaylord's wish list for the family court system was simple: "Training, training, training."

A 1995 law requires family court judges to take eight hours of training about domestic violence, sexual assault or child abuse. Critics say many judges take courses in the other two areas and skip domestic violence. Associate judges aren't covered at all.

Some judges - and professor Solender - questioned whether additional training would help.

"Training might make a difference with one or two more judges, but it's not going to be the answer," Ms. Solender said. "Just because they are in training doesn't mean they are listening."

At a recent meeting of Lawyers Against Domestic Violence, Judge Johnson said that in his years as a trial lawyer, "I've had women tell me they actually enjoyed the fighting. They would throw things and start it."

Some judges expressed frustration about what they called advocates' uncritical belief in women who say they've been abused.

"There are some cases where domestic abuse allegations were thrown in for effect. That's a problem," Judge Green said. "In these cases we hear, you have to walk through a minefield to figure out what the truth is."

Professor Solender suggested that shelter workers explain to judges how they detect "impostors."

Counselors at the Family Place were dismayed at that idea and by some judges' attitudes.

"My problem with the courts is them treating anyone who mentions abuse like they are impostors," Ms. Gaylord said.

Counselor Donna Garcia-Devlin said shelters hear from a small number of women each year who are not abuse victims and refer them to other agencies.

"There will always be some people who manipulate the system, but they are in the minority. And they usually don't follow through," she said. Advocates also complained that Dallas County judges frequently require divorcing parents to go through what they deem an inappropriate therapy program. Abuse victims are required to sit through 12 sessions of Dr. Barry Coakley's "disengagement therapy" with their abusers and discuss their marriages. Dr. Coakley said the program steers away from blaming either party and teaches couples to communicate. But victims and advocates say his approach doesn't recognize the realities of violent relationships, in which one partner thrives on dominating the other. "I had to sit there and try to understand why this abusive relationship was partly my fault," said one woman who spoke on condition of anonymity. "It was terrible." Victims' advocates say any program that requires a victim to spend time "reasoning" with her abuser is pointless and harmful. They also say a therapist who treats abusive couples should have training in domestic violence, which Dr. Coakley does not have. Dr. Coakley, a licensed psychologist, said that he has had decades of experience working with people in abusive relationships and that victims and abusers are helped, rather than hurt, by his program.

District Judge Frances Harris defended the program.

"Bottom line is they've got to learn to communicate on a basic level or they can't co-parent those children," she said.

Judge Miller said she doesn't send couples who are in an abusive situation to Dr. Coakley's therapy.

"If we are sending abusive spouses to this course, it's probably not going to be effective," she said.

Judge Green said advocates and judges should sit down to talk about their concerns.

Judge Johnson has proposed setting up a specialized bar for victims' attorneys, a special family court to handle those cases and a legal fund for indigent victims of domestic abuse.

Advocates say sensitizing attorneys to abuse issues won't help if judges don't change. And several judges and attorneys expressed concern about a special court.

"All the attorneys that represent batterers are going to be kicking and screaming, "No, we can't go to that court,' " Ms. Patrizi said.

Judge Harris has suggested putting abuse-related divorce and custody cases on a slower track, to give victims time for therapy and recovery. But attorneys said that doesn't solve the problem of temporary custody.

Ms. Patrizi said family courts represent the last frontier of the domestic violence movement.

"In the 1980s, the shelters were built; the late 1980s and 1990s, you saw police on the criminal side getting more aggressive. I think the last place is the civil courts," she said. "Victims have to be safe with shelter, they have to have criminal justice and they have to have their rights in the civil courts."

Fast forward to 2002....Dallas attorney, Scott Kurth, as a, "friend of the court" now spends time hounding one woman for back dated child support, records show was already paid.

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