Friday

Brevard County: Judge John D. Moxley, Jr and Domestic Violence in Florida

UPDATED!! 2/13

Pay Attention!

Is it coming together yet?

Remember when Paul Martikainen kidnapped his son during a supervised visitation? The child's mother had previously requested multiple orders of protection from this man. Guess who was on the record as a judge?

Before that, remember the SWAT team standoff in which Christopher Lynch pointed a gun at his ex-wife held her and their two kids hostage? Domestic violence charges were not prosecuted. Restraining order dismissed. You won't believe what judge was on record?

Maybe you're catching on now?

(emphasis mine)

Judge's History Questioned After Stalker Murders Woman

BREVARD COUNTY, Fla. -- Eyewitness News has learned the judge who refused to give 23-year-old Alissa Blanton an injunction to protect her from her 61-year-old attacker has been accused of being easy on criminals in the past.

BILL SHEAFFER: Analysis Of Judge's Decision
READ: Victim's Injunction | Shooter's Emails
VICTIM PHOTOS: Pics Of Alissa Blanton, Husband

Blanton was targeted because she was young, beautiful and kind to the man who killed her. She asked a judge for an injunction to protect her from Roger Troy (read injunction), but Brevard County Circuit Judge John Dean Moxley didn't grant it. Troy murdered Alissa Blanton Monday at an east Orange County office complex.

Eyewitness News obtained a document from the Judicial Qualifications Commission that shows Judge Moxley is under review over a complaint made last month unrelated to the Blanton case.

Moxley is accused of, among other things, making a ruling in a case without thoroughly reviewing the case file.

[VICTIM PHOTOS Pics Of Alissa, Husband]

VICTIM PHOTOS
Pics Of Alissa, Husband
Moxley has been a member of the Florida Bar Association for 41 years and has been on the bench in Brevard County for 25 years. His disciplinary record with the Florida Bar and the judicial qualifications commission is clean, but the new complaint surfaced just two weeks before Blanton was gunned down as she returned from lunch with her husband at the AT&T call center near UCF.

Just days earlier, Moxley had refused to grant Blanton a petition for an emergency injunction to keep Troy away from her and her family, even though she provided nearly 70 pages of harassing emails Troy sent her (read emails). In one of the last ones, sent January 29, Troy said he had driven past her house and thought the color of it was ugly.

It is not the first time Judge Moxley has been accused of being too soft on crime.

“I like Moxley. He knows me. I got a problem, he'll take care of it,” career criminal Steven Lunn said in May 2003.

That same month, law enforcement officers told Eyewitness News it was because Judge Moxley had a history of going easy on nonviolent criminals.

STALKING: Crime In Spotlight After Murder
CONTACT COURT: Email District That Denied Victim

In February 2003, Eyewitness News reported how Moxley had let out violent criminal Derrick Henderson, on a signature alone, just days before he was to go to prison for six years and he disappeared.

In October 2002, Eyewitness News reported how Moxley lowered an accused child molester's bond so he could get out of jail after being accused of stalking 12- and 13-year-old girls.

Judge Moxley won't talk to Eyewitness News and won't say whether he's getting any protection right now after refusing to stop Roger Troy from leaving his Cocoa Beach condo to stalk Alissa Blanton.

Judge Moxley was most recently re-elected in 2008. His next term ends in 2015, but it’s unclear if he'll seek re-election. He makes $142,000 a year.

If you're going to investigate, don't limit it to Judge John D. Moxley, Jr. Begin with him and then open up the rest of the civil/family court files. HE IS NOT THE ONLY ONE! The fact that he has a "clean record" with the Judicial Qualifications Commissions (JQC) MEANS NOTHING. Most victims no nothing about lodging a JQC complaint. And the steps involved are very specific as you must quote the specific violation from the JQC list and provide evidence. The public at large doesn't have access to previous judicial complaints that were made with no resulting "punishment." And when the JQC does dish out "punishment" it is likely to be some sort of "public reprimand" that nobody really sees or hears about (unless it involves a prostitute). What do you expect from a group that operates in relative secrecy? Foxes guarding the henhouse.

Remember, domestic violence in the State of Florida is at an all time high. The Department of Children and Families (DCF) is incompetent. And government social services organizations, in combination with the family court system, are wrought with "officials" who support biased, victim-blaming notions that continue to put women and children in danger. Report to Fail and Fail to Report. Concepts such as parental alienation refocus the crimes from the criminal back to the victim(s), absolving the criminal of any wrongdoing and placing the burden of proving innocent of false allegations, on the victim.

In another news article, Judge Lisa Munyon from the Orange County Circuit Court says,
"But when it comes right down to it, it is a piece of paper and you have to have some other mechanism to ensure that that piece of paper is obeyed.
What, exactly, should that "other mechanism" be, Judge Munyon? Should victims take the law into their own hands because of the failures of the law enforcement and judges? Are victims responsible for their own trauma and deaths? Had Alissa Blanton NOT pursued a protective order and instead purchased a gun (refuse to be a victim) and killed her stalker, she would be painted as a crazy vindictive woman who wanted to get back at someone who was flattering her. She'd be alive, but in prison.

How many must die?

FOR IMMEDIATE RELEASE Contacts: Rita Smith 303-839-1852 ext. 105

February 10, 2010 Kathleen Russell 415-250-1180

Family Courts Implicated in Infants’ Murders

Two Young Boys Killed by Two Divorcing Dads in Past 10 Days

Points to Massive System Failure

SAN RAFAEL- National and local advocacy groups are expressing outrage over what has become a disturbing national trend of divorcing Dads killing their children and themselves. 8-month-old baby Bekm was shot and killed by his father, Nicholas Bacon, in Meridian, Idaho just 48 hours ago, while 9-month-old baby Wyatt was killed by his father Stephen Garcia just ten days ago in San Bernardino County. Details are still emerging about the tragic Idaho murder-suicide of baby Bekm on Monday night.

In the Garcia case, three different judges refused multiple requests by the child’s mother for restraining orders to protect her child, despite police reports and documented death threats by the father in text messages and on Facebook.

“The system failed Wyatt Garcia and Katie Tagle,’’ said California Assemblymember Jim Beall, Jr., the lead sponsor of Assembly Bill 612, which aims to prevent the use of non-scientific theories in California family courts. “Wyatt’s tragic death was completely avoidable.

”

Numerous sources report a significant spike in murder suicides across the country by violent fathers who kill their children and themselves, frequently after mothers’ requests for protection of their children are denied by family court judges. In addition, the Leadership Council on Child Abuse & Interpersonal Violence estimates that more than 58,000 children per year in America are ordered by family courts into unsupervised contact with physically or sexually abusive parents following divorce.

“The time has come for us as a society to speak out and put a stop to this growing national body count. Across the country, women and children are being killed because of judges’ personal biases and junk science that tells them to disbelieve women’s legitimate claims and evidence of abuse,” said Rita Smith, the Executive Director of the National Coalition Against Domestic Violence.

According to court transcripts and eyewitness accounts, judges reacted with disbelief when mother Katie Tagle presented them with evidence of death threats against her son by the father.

Judge David Mazurek stated, “I get concerned when there’s a pending child custody and visitation issue and in between that, one party or the other claims that there’s some violence in between. It raises the court’s eyebrows because based on my experience, it’s a way for one party to try to gain an advantage over the other,” he said.

“This attitude permeates the courts, that women are lying about the danger they are in,” said Kathleen Russell from the Center for Judicial Excellence. “This attitude causes judges to ignore tangible evidence of death threats and abuse. The abusers’ lobby has convinced judges that shared custody is always the answer, and sadly, this case points out how deadly that approach can be,” she said.

According to a family member who was in the courtroom when Ms. Tagle last sought protection for her son, the judge reportedly said, “One of you is lying, and I think it’s you,” while pointing at Katie. Transcripts from this hearing are not yet available.

The National Coalition Against Domestic Violence and the Center for Judicial Excellence are part of a growing national advocacy movement to educate the public as well as litigants, lawmakers, judges, and social service providers about the need for comprehensive family court reform. The Center for Judicial Excellence and their allies worked with California State Senator Mark Leno and others to pass an audit request through the state legislature last July. The California State Auditor is currently investigating the use of court appointees in family courts because of growing evidence that children are being harmed there. The California Legislature is slated to consider additional family court reform bills being presented by the Center and the California Protective Parents Association in the coming months.

“We must assess what’s happening in our family courts, and that’s why I’ve requested a state audit to take a hard look at the performance and effectiveness of the family court system,’’ said Assemblymember Beall.

The State Auditor’s report about the California Family Courts has an expected release date of June 2010.

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NCADV – The Mission of the National Coalition Against Domestic Violence (NCADV) is to organize for collective power by advancing transformative work, thinking and leadership of communities and individuals working to end the violence in our lives.

CJE - The Center for Judicial Excellence (CJE) was established to improve the judiciary’s public accountability and strengthen and maintain the integrity of the courts. CJE has made a special commitment to protect the rights of children and other vulnerable populations in the courts.

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California is trying to do something. How about Florida?

Anyone with information about Judge John D. Moxley, Jr. or any other Brevard County Judge, the time is now to come forward.