Monday, May 17, 2010

The dangers were plain, but the killings went on

After a spike in domestic homicides across the state, questions linger about why they are so hard to prevent

http://www.boston.com/news/local/massachusetts/articles/2010/05/16/after_spike_in_domestic_homicides_across_state_questions_linger/?page=1

 

By the time the officer kicked open the deadbolted door on Feb. 9, the woman was lying in the fetal position in a pool of her blood. Her husband stood nearby holding a bloodied kitchen knife.

 
Domestic abuse timeline

“I just killed my wife,’’ he calmly told the officer.

It was the eighth such killing in a span of just 31 days, eight women killed by their partners or, in one case, by her father. And the bloodletting didn’t end there. Two others narrowly survived attacks and four of the assailants, all men, killed themselves.

The sudden alarming spike in domestic homicides across the state, like similarly devastating clusters of cases in 1995 and 2007, left authorities scrambling to discern a pattern — and finding none.

And yet these were cases with much in common, for this kind of killing is among the least random of crimes: Assailant and victim, by definition, know each other intimately. Power, and the unnatural need for it, is the recurrent motive.

The warning signs of mortal danger were often blindingly plain to view. Some of the women were counseled, repeatedly and loudly, to get away, to get help, to shun the men. A deeper look at three of the cases illumines why such warnings were and are so hard to heed, and why this remains, at a time when the stigma of leaving an abusive relationship is gone, among the most stubborn of crimes to prevent.

. . .

After 39 years, Joan Murphy thought she knew her husband’s habits.

But there he was, striding toward her on Jan. 17 at the Oriental Pearl, an Asian restaurant in Westport where she had become a regular on karaoke nights. They had never visited the restaurant together, and she had seen him there only once since they separated a year earlier. So she was startled to see him, and even more so by the look on his face.

“Crazy determined,’’ she said, recollecting the moment.

“You don’t love me anymore,’’ Paul Murphy said as he sat down in a chair opposite her in the crowded bar.

“I am not talking about that,’’ she recalled saying.

“I love you,’’ he said, and he pulled a handgun from his coat pocket and aimed it at her face.

He would shoot her three times before turning the gun on himself. He died; she survived.

Paul Murphy’s family declined to comment, saying that the episode is too painful, the act inexplicable for a man who doted on his grandchildren and children, reveled in Irish music, golf, and the Yankees.

In several extensive interviews, Joan, a 57-year-old former nurse and mother of two, described her long marriage as suffocating and distant, regimented, and unpredictable — with happiness elusive for both of them.Continued...

Page 2 of 5 --

They had met at Fall River’s Charlton Memorial Hospital, where she worked and where Paul, also a Fall River native, was being treated for minor car accident injuries. He was confident, an Army man, and by the time he had recovered, they were going on dates at the drive-in. Joan would pick him up at the Marconi Club, a local bar where he hung out, and drop him there when their nights together were over.

 

 

Domestic abuse timeline

“He was the tough guy,’’ Joan recalled. “I thought that was cool.’’

They wed a few months later, on Valentine’s Day 1970. She was pregnant.

Around his friends and colleagues at Bridgewater Correctional Complex, where he worked as a correctional officer after leaving the military, Paul Murphy proclaimed his wife a saint, she said. But at home, in their three-bedroom garrison with a sun porch and manicured gardens, it was as though she could do nothing right.

When he watched the Yankees, he would fume if she crocheted rather than focus on the game, she said; when she talked with a neighbor, he demanded afterward to know what they had discussed; when she visited a friend, he chafed; when they went to parties, he would lambaste her afterward for saying the wrong thing.

“I was always scared. He’d be nice one minute, and the next, he’d be violent,’’ Joan said. “He never physically hit me, but he threatened.’’

Denise Rego, a friend of the couple, recalled that Joan was often on “high alert’’ and that Paul often seemed on the verge of exploding.

“We talked about her leaving a hundred times,’’ Rego said. “But her family would talk her out of it.’’

Joan feared leaving.

“I knew he wasn’t just going to let me go,’’ she said. “Not that you expect to get shot, but you know it’s not going to be easy.’’

The marriage deteriorated further after hip problems forced her to quit work and stay home, and after Paul retired in 2003, compelling them to spend more time together.

“You needed someone to blame so it was easy to blame me because I drank and yelled,’’ Paul later wrote in an e-mail to his wife, provided to the Globe by Joan. “You told me to go see [a counselor] and I did. You did not think it was working but the tantrums were reduced by 90 percent and then it was the drinking so I quit. I took away the two things you said made you unhappy but it still did not satisfy you.’’

Joan sought counseling as well and began stashing money in a bank envelope that she wrapped in a plastic bag and hid at the bottom of her purse. In February 2009, with $1,000 in the envelope, she moved to a one-bedroom apartment in Fall River.Continued...

Page 3 of 5 --

Soon, he was calling. One day, he wanted to know where she had hidden his gun. A year earlier, after his therapist warned her that he could be suicidal, she had stashed it in a hole under the kitchen sink. Now, he said he wanted to turn it over to police, and she told him where it was.

 
Domestic abuse timeline

There were demands, too, that she return to him.

“It was getting confrontational,’’ she said. “I finally said, ‘If you have something to say to me, e-mail me.’ ’’

Shortly after Christmas, he did.

He wanted a divorce. She agreed.

A few weeks later, she saw him at the Oriental Pearl for the first time. He was dancing with another woman and tried to make eye contact with her. She wondered if he had followed her there, and then she fled, slipping out the side door, she said.

Two nights later, at 10:30 on a Sunday, Joan was again at the Oriental Pearl, when Paul sat down at her table and pointed the gun.

The first bullet missed her, grazing a hand she reflexively raised to protect her face. She fell off her chair, and Paul leaned over the table, firing into her neck.

Then, another shot fired.

“I could hear the cops saying, ‘Don’t bother with him, he’s dead.’ And I thought: ‘Good. He’s dead. He won’t shoot me again.’ ’’

. . .

The youngest of the eight victims was 19-year-old Allison Myrick, who just months before had begun her freshman year at Fitchburg State College.

With a high school resume that included yearbook editor, MSPCA volunteer, and fund-raiser for ALS research, she had hoped to attend a bigger-name university. But her applications had been rejected, and she had scrambled to get into Fitchburg State.

Then, days before classes started, her high school boyfriend ended their relationship.

“She was devastated by that,’’ said her father, Steve.

At a campus party weeks after she arrived at school, Myrick met Robert Gulla, a 19-year-old who delivered bread for a bakery and lived in a basement bedroom at his mother’s house in Shirley.

Gulla took her to dinner, and soon they were seeing each other frequently, prosecutors allege. It wasn’t long before a volatile streak showed.

Myrick confided to her mother that one day at her dormitory, Gulla had gone from room to room, banging on doors and demanding that students tell him whether they ever visited her room. When the building director asked Gulla to leave, Gulla grabbed him by the collar, according to campus police records. Police banned him from campus.

Weeks later, according to Fitchburg State police records and prosecutors’ testimony, Myrick was sitting in the office of her dormitory resident assistant, trembling and crying as she told campus police that Gulla had beaten and choked her the night before, enraged about her text messaging.Continued...

Page 4 of 5 --

She told police that when she had tried to call a friend for help, Gulla had grabbed her phone and thrown it. Still, after Gulla apologized, Myrick stayed the night at his house, she told police.

 
Domestic abuse timeline

The officers urged her to get a restraining order; but she declined. She told her parents she would not see him anymore.

“At that point, we thought, ‘Wow. She’s OK, and thank God he didn’t kill her,’ ’’ said her father.

John Galvin, Gulla’s lawyer, declined to comment, as did Gulla family members.

Despite Myrick’s vow to stay away from Gulla, her parents worried. Their daughter called less frequently and removed them as friends from her Facebook page. When they questioned her about him, she balked, then confessed to seeing Gulla.

“She was being told by him that he loved her and that he wouldn’t do it again, and she couldn’t reconcile that someone who loved her would hurt her,’’ said Myrick’s mother, Susan.

But he did, prosecutors say. Police were summoned by Gulla’s mother on Dec. 11, after Gulla allegedly hit Myrick, again after becoming enraged over text messages on her phone.

Shirley police arranged for an emergency one-day restraining order, but she did not seek to extend it later that day. Myrick’s parents again implored her to stay away, and again she said she would.

She had even found someone new, a Fitchburg State classmate, John O’Brien. Still, she continued to see Gulla, prosecutors say. He demanded more attention and, on Jan. 19, he began texting and phoning her “incessantly,’’ at one point writing that he hoped her whole family died, she told police.

This time, Myrick told campus police she wanted a restraining order, and they escorted her to Fitchburg District Court to get it.

Yet at 11 p.m. on Jan. 22, after leaving O’Brien’s room, Myrick texted Gulla. Prosecutor’s say that Gulla borrowed his mother’s car about that time, telling her he was going to “pick Allie up.’’

The next afternoon, O’Brien began receiving texts from Myrick.

She had made a big mistake, he recalled her writing, and was at Gulla’s house. He told her to leave and get on the next train. But at 4:30 she had not left and texted, “I’m so scared. I’m not even kidding,’’ court records show. When O’Brien asked what was going on, Myrick replied “He went through my phone again.’’

Nearly three hours later, police found Myrick lying lifeless in the basement of Gulla’s house.

Prosecutors allege that Gulla beat her, strangled her, stabbed her multiple times, and shot her between the eyes with a pellet gun. At 5:09, he texted his mother. “I love you,’’ he wrote, prosecutors allege. Then he cut his left wrist and fired a pellet gun at his right temple, producing wounds that required a three-day hospital stay, prosecutors said. When his mother found him two hours later, prosecutors said, he was lying next to Myrick’s body, moaning.Continued...

Page 5 of 5 --

Gulla has pleaded not guiltyin Middlesex Superior Court in Woburn to charges of first-degree murder, three counts of assault and battery, and violation of a restraining order.

 
Domestic abuse timeline

. . .

Three more women died in the first week of February. Lieutenant Governor Tim Murray convened a domestic violence forum in Fitchburg to call attention to the tragedies.

Four days later, Christina Mulgrave was dead.

Mulgrave had been married four times, the first time when she was 24 and pregnant. Now 43, she had met a new man and seemed transformed — infused with a sense of reclaimed youth, family and friends said.

“It’s like ‘How Stella Got Her Groove Back,’ ’’ Christina Mulgrave told her sister, Michelle Gonzalez, shortly after returning home from a solo trip to Jamaica in 2007.

Craig Mulgrave was a maintenance worker in the hotel where she had stayed in Negril. He was charming, with a slender build and a quiet manner. And he was 12 years Christina’s junior.

“She liked the fact that she was older than him and that she was desirable to him,’’ her sister said.

Within months, Christina was making return trips, sending money to help his family, and soon, wedding plans were underway.

Family and friends were puzzled and concerned. Did she really know this man? But then, they figured, that was Christina, always on to the next thing. She was perpetually working toward another degree in nursing. She had moved frequently, uprooting her son and daughter. She had ended four marriages.

“Her relationships were never reciprocated the way she wanted them to be,’’ said Ellen Fortes, a longtime friend. She married Craig in a beachside ceremony in Negril in July 2008, said Narda Daley, a cousin of Craig’s.

It was a first marriage for Craig, an electrician whose father had died when he was young and whose mother had worked while raising him and his four siblings, Daley said. He had never been in trouble with the law, Daley said. “He’s not violent. He would walk away from an argument before he lost control.’’

While immigration paperwork was arranged, the two carried on a long-distance relationship — he in Jamaica and she in Las Vegas, where she had moved when her children were grown. Soon, the relationship was showing strain, Fortes said. Craig Mulgrave would anger quickly if he didn’t know where she was from moment to moment.

“This guy, on a daily basis, would tell her, you can’t go out of your house, you can’t go to the casino, you can’t go to your best friend’s house,’’ Fortes said. “Obviously, she would not not go out.’’

After arguments, which were frequent, Craig Mulgrave would call her cellphone dozens of times, Fortes said. She wouldn’t answer, she said.

“ ‘He’s just jealous,’ she’d say. ‘He’ll get over it,’ ’’ Fortes recalled Christina saying.

In the fall of 2009, Craig arrived in Las Vegas, and a few months later, in December, the pair moved east to be closer to her family. They rented a second-floor apartment in Haverhill. She worked as a labor and delivery nurse in Worcester; he struggled to find work, Daley said.

Gonzalez saw signs of tension. One day in early February, when Christina stopped by her house in Lowell, she seemed bothered and unhappy. She confessed that her marriage was in trouble.

“I want him to go back to Jamaica but he won’t go,’’ her sister recalled her saying.

Ninety minutes later, Christina Mulgrave called police, pleading for help; she was being stabbed, police records show. When police arrived, they could hear her screams, but by the time they entered the apartment, she was lying on the floor in the pool of her blood, the records show.

Craig Mulgrave has pleaded not guilty to first-degree murder in Essex Superior Court in Salem.

Since Christina’s death, the incidence of domestic murders ebbed just as unaccountably as it surged. But the questions remain, especially for the families left behind.

“When you see something like this on television, you say, ‘That poor family,’ ’’ said Christina Mulgrave’s mother, Mary Fidler. “But you haven’t even a clue what they have to go through.’’

Sarah Schweitzer can be reached at schweitzer@globe.com.

Sunday, May 16, 2010

China: nursery school deaths probe will not study killers' mental health

[May be smart to not waste time deciding if these guys were mentally ill when they obviously were psycho killers]

[If the US reacted like this then maybe it might cut down on the crimes against children]

http://news.bbc.co.uk/2/hi/asia-pacific/8684301.stm

China school knife attacker sentenced to death

A woman holds a baby near the gate of Zhongxin Kindergarten, file pic

All 32 victims survived April's attack at Taixing's Zhongxin Kindergarten

A court in eastern China has sentenced a man to death for knifing 29 children and three teachers in an attack on a kindergarten, state media reports.

Xu Yuyuan was found guilty of attempted murder after a half-day trial at Taixing Intermediate Court in Jiangsu province, Xinhua reported.

Xu reportedly said his motive was to vent his rage against society. It was not clear whether he would appeal.

All 32 victims survived April's attack at Taixing's Zhongxin Kindergarten.

China has been rocked by a string of school attacks in the past two months, in which dozens have been killed or wounded.

China's Premier Wen Jiabao has said the attacks show the country has "social tensions" which must be addressed.

The education ministry has ordered all schools to upgrade their security facilities, teach students about safety and ensure that young children were escorted home.

Some local police authorities have distributed steel pitchforks and pepper spray to security guards in schools but such measures are considered expensive and their effectiveness is unproven.

But Mr Wen told a Hong Kong television channel on Thursday that as well as boosting the security presence, China needed to "handle social problems, resolve disputes and strengthen mediation at the grassroots level".

Discourage copycats?

On Wednesday, seven children thought to be under the age of six and two adults were hacked to death at a kindergarten near Hanzhong city in Shaanxi province. The attacker later killed himself, Xinhua reported.

In March, a man stabbed to death eight pupils at a school in Fujian province. He was executed soon afterwards.

THIS YEAR'S ATTACKS

12 May: Seven children killed and 20 hurt in Hanzhong, Shaanxi province

30 April: Five children hurt in hammer attack in Weifang, Shandong

29 April: Three adults and 29 children injured in Taixing, Jiangsu

28 April: At least 15 children and one teacher injured in Leizhou, Guangdong

24 March: Eight children killed in Nanping, Fujian

China concern over school attacks

China has in the past had a comparatively low rate of violent crime, meaning the recent violence has been all the more shocking.

There has been much speculation on the cause of the attacks, with some blaming inadequate provision for people with mental health issues.

Others have suggested the attacks are a form of revenge on society by individuals with no outlet for their anger in a political environment heavily controlled by the ruling Communist Party.

Reports in official media have generally played down any wider causes for the school attacks, portraying them as isolated incidents perpetrated by disturbed individuals.

Man accused of killing estranged wife in front of her children arrested twice for violating protective order

 

http://blog.al.com/live/2010/05/man_accused_of_killing_estrang_1.html

CRIME icon.jpgMOBILE, Ala. -- In the months before Michael Kenneth Berry is alleged to have shot his estranged wife in front of her four children, police arrested him twice for violating a protective order that barred him from contacting her.

Both times he was allowed to quickly post bail and be released, according to jail records.

Wendy Stevens also called police on a third occasion after an April 9 confrontation with Berry on Cottage Hill Road, according to Officer Christopher Levy, a Mobile Police Department spokesman.

Berry, 43, wasn't on the scene when the report was written and Stevens never signed a warrant to have him arrested, Levy said.

The protective order -- known as a PFA, for protection from abuse -- was still in effect Tuesday afternoon when, according to police, Berry shot Stevens, 37, as she waited in line at a west Mobile ATM.

Mobile police arrested Berry on Wednesday and charged him with capital murder. He is being held without bail in Mobile County Metro Jail.

Battered women can lose patience with the system and stop trying to have protective orders enforced, said an advocate who works for Penelope House, a local shelter for abused women.

The advocate, who helps battered women navigate the legal system, asked that her name be withheld because she feared reprisals from alleged abusers who have seen her in court.

"Unfortunately, this is something that happens all too often," she said. "Women will do everything they are supposed to do. They will get a PFA, they will call the police, they will sign warrants, and then they see that the abuser is getting a slap on the wrist and they start asking themselves, why am I doing all this?"

Circuit Court Juvenile Judge Edmond Naman issued the protective order for Stevens in January after Berry was arrested on a domestic abuse charge. The document ordered Berry to have no contact of any kind with Stevens.

Naman, whose court handles protective orders, said that about 895 orders were requested last year. Most of the requests lacked merit, he said, and were denied.

"When I grant a restraining order it's really because someone is in danger," he said.

Penalties for violations of a protective order escalate with each condition. A first conviction can be punished with a fine or counseling, but subsequent convictions call for mandatory jail sentences.

Berry's first arrest came a month after Stevens was awarded her protective order. Police took him into custody when Stevens said that he had showed up at her home on Schillinger Road.

Berry hired a bondsman to post the $1,000 bail and was released from Mobile County Metro Jail less than two hours later.

In a subsequent plea agreement, Mobile Municipal Judge Shelbonnie Hall agreed to withhold punishment as long as Berry stayed away from Stevens.

A few weeks later, Berry pulled alongside Stevens at a service station near Loxley, said Lt. Dennis Knight of the Gulf Shores Police Department.

According to the report she filed later, Berry asked where she was going. Though she was going to Gulf Shores, she told him Mississippi, Knight said.

Undeterred, he trailed her to the beach, surprising her as she lay in the sand, Knight said.

Stevens contacted police and had him arrested.

Again, Berry was charged with violating the protective order. Again he hired a bondsman to put up the $1,000 in bail money and walked out a free man.

The Gulf Shores case was set for arraignment in June.

The Penelope House advocate said that laws need to be strengthened so protective orders are taken seriously. She said that punishment needs to be swift and severe.

Still, she said, "It's not a magic brick wall that's going to protect you from someone. It's only a piece of paper."

Tuesday, May 11, 2010

Murder-Suicide Reported At Winter Haven Hospital –CRIMES COMMITTED AGAINST OTHERS ARE NOT TRAGEDIES-THEY ARE OUTRAGES!! Stop it!

Why do they always say “Tragedies” v the real fact that they “OUTRAGES” like they want to all sugar coat the epidemic of men murdering their families as if-What could have MADE ‘him’ do it (poor baby)? v he was a freeking sociopath and needs to NOT be Glorified..?

ahhh I recall the whole “family Preservation thing” right up till “Death do US Part” 

….and death indeed.

In every single murder suicide- I read- :

”he was such a nice guy”- “the family was quiet”-or, there were “health issue”—or “he” just lost his job- or he was going through a “custody battle”- or.. or.. or.. and the media bites this shit hook line and sink… Blame Every one and Every thing but the source- why must WE keep protecting those who murder?

Stop it- it is an Outrage- Crimes committed against others are NOT tragedies- they OUTRAGES!!

http://www.cfnews13.com/News/Local/2010/5/10/murdersuicide_reported_at_winter_haven_hospital.html

Murder-Suicide Reported At Winter Haven Hospital

Tuesday, May 11, 2010 1:02:05 AM

WINTER HAVEN -- A murder-suicide was reported in a patient's room at Winter Haven Hospital Monday afternoon.

Witnesses heard gunshots on the 5th floor of the hospital in the medical surgery unit, just after 1:20 p.m.

Police say a 77-year-old man shot his sick wife to death.

The patient was identified as 76-year-old Patrricia Duckworth. Her husband, Raymond Duckworth, 77, was visiting her. 

"It's a tragedy," said hospital vice president Joel Thomas. "Everybody here on our whole staff are obviously shaken. Our hearts go out to the family members who are affected here."

The hospital was not evacuated, but the floor where the shooting happened was locked down for most of Monday night.

This story is from our Bright House Networks partner, Bay News 9.

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Monday, May 10, 2010

A Mother's Nightmare: Oregon Judge Holds Canadian Child Without Cause

http://www.salem-news.com/articles/may092010/noah_kirkman_bk.php

Bonnie King Salem-News.com

“You can't imagine the pain of not being able to hold your child on Mother's Day, knowing that you may never be able to hold him again.”

Noah Kirkman

12-year old Noah Kirkman has not been allowed to return to his Canadian homeland for 20 months. Photos courtesy: Kirkman family

(SALEM / CALGARY) - Some stories are so far-fetched, so incredible, that they are hard to believe at first look, even though they ring of truth. This is especially the case where someone has lost their child to “the state”. Always, there’s more to the story than is first presented, and they usually have a complicated, negative twist. People often assume the worst, assigning guilt where it doesn't belong. Fair? That term does not apply.

The arduous journey of 12-year old Noah Kirkman is one such story. An unfinishedstory.

Almost two years ago, Noah came to Oregon to spend the summer with his stepfather, John Kirkman. Less than three months later, DHS took the boy into custody, and, four foster homes later, he still hasn’t been allowed to go home to Canada.

Recently, the child’s mother, 35-year old Lisa Kirkman went public with her fight, releasing her son’s story and a plea for help to the media. “My family & I have been dealing with this for almost two years, but only recently have been able to feel comfortable talking about it. We didn't want the media to negatively influence the judge. Little did we know that the judge was negatively influenced--without the media's participation.”

What Noah did to deserve this disciplinary action is nothing less than shocking, leaving family and friends to wonder what motivates Oregon’s judicial system.

An Oregon Summer Gone Bad

John Kirkman married Noah’s mother Lisa in 2001, and raised Noah since he was a toddler. An American citizen, he is the biological father of Noah’s younger sister, Mia. John is the only father Noah has ever known.

When he and his wife lived in different places for a time and John moved to Oregon, it’s natural that his children would come to visit. June 2008 rolled around, and Lisa Kirkman drove from Calgary to Oregon, the beginning of a strange and unpredictable chain of events.

The small town of Oakridge, Oregon is nestled in the Willamette National Forest, southeast of Eugene, in the Cascade Range. Once a logging town, Oakridge has a total area of 2.0 square miles, and its population just tops 3,000. The area is beautiful, a destination for outdoorsmen from near and far. Oakridge is a stereotypical example of down-home Oregon lifestyle, the rural area is ideal for fishing, hunting, riding bikes, raising kids. Or, so one would have thought.

Noah was 11 years old when he, his mother and little sister ventured to Oregon to visit their “Papa”. Though Noah has special needs, suffering from severe ADHD, he was an A-student and very participatory in school and sports, and was looking forward to a special visit with his Papa. His mother and sister stayed in Oregon for a short time, then headed back to Canada, leaving Noah in his stepfather’s care for the summer.

Clearly, something took place during Noah's visit that would change everything. The really shocking part is, it wasn't at all shocking. Kid's play, in fact.

"During the summer, there were four separate incidents where the Oakridge police stopped my son with other local children for things like riding a bike without a helmet," Lisa Kirkman explains, "playing in an area they shouldn't be playing, etcetera. They just spoke to them, no one was arrested. My son was singled out because the cops recognized all of the other kids except Noah and so they decided to look into it further.”

“Noah was not on his ADHD medication. They were probably suspicious because he couldn't look them directly in the eye or sit still for two seconds,” she added.

Family Reunion Rudely Interrupted by DHS

When Lisa came to Oregon to retrieve her son after a fun-filled summer with his dad, some one else showed up at her husband’s house as well: Oregon Department of Human Services (DHS).

“Apparently, the decision to take Noah was made before I arrived in Oregon to pick him up. They just showed up and took him while my daughter & I were there.

“Their explanation at first is that they took Noah because they discovered that he has a large Canadian social services file. They didn't bother to check that this file is for health services & resources, not for protection issues. They've been justifying their original mistake ever since.

“Before DHS read through the boxes of files, they took Noah, saying they'd clear it up shortly. It's been 20 months and they still haven't ‘cleared it up’ and sent him home.”

MOTHER’S DAY RALLY Join “BRING NOAH HOME”, a Peaceful family rally in Calgary starting at the Harry Hays federal building downtown, then proceeding to the US Consulate/Olympic Plaza. Tie on a yellow ribbon, the color of hope and light, signifying those who await the homecoming of their loved ones.

Sunday, May 9/10 @ 2pm 20 - 4th Avenue S.E. Calgary, Alberta T2G 4X3

Next, DHS alleged that Noah had been abandoned by his mother in Oregon. Though he was with his legal stepfather, according to these kind hearted Oregon representatives, a stepfather isn’t a guardian and therefore Noah’s mother had broken Oregon law by leaving him in his stepfather’s care. The mother had written a medical release to her husband so her son could be treated while away from home.

Still, it was not good enough for Oregon.

Noah's biological father has never been in the picture, and his stepfather has full parental authority in Canada. “I was not aware that my husband doesn't have parental authority in the US. Either way, I dohave parental authority, so why didn't they just send Noah home with me?”

There must be more to it, logic says. Perhaps the parents are undesirable characters, or have a reputation for violence, or unfit parental performance. Why else would a judge actually go so far as to remove a child from his parents while on vacation and hold him in a foreign country?

Why indeed?

“I have been investigated by Canadian social services and found to be a good parent who provides a good home to her children and they have no concerns, so they closed my file. I've never lost custody of my daughter, who is 7,” Lisa Kirkman said.

“None of my family has been criminally charged with anything and their big complaint against me is that I "abandoned my son in Oregon" and left him with someone who technically, has no 'parental authority,' namely my husband, the only father has ever known."

By these standards, parents "abandon" their children when they send them to summer camp, as no person there would have legal "parental authority."

“My son is living proof that indeed, the US can and will steal your child just because they don't really like you, no matter which country you're from.”

Noah and his Papa, John Kirkman

“The fact is, there is absolutely nothing that I, or John, or Noah could say or do- or not say or do, that would justify a foreign country keeping him there. He's a Canadian citizen who was visiting. Even if he were in actual danger in Canada, which he is not and never was, that's up to the Canadian authorities to deal with.”

“If Canadian social services thought I was a bad parent, I would've had my children taken away from me a long time ago.”

Lisa was mandated by the Lane County Judge to participate in Home Studies, parenting classes, and months of therapy, and when those things were completed, the Judge’s response was, "This is not a checklist. I'll decide when he gets to go home."

Activism Under The Microscope

Lisa Kirkman is a doer, not a talker. An outspoken proponent of cannabis legalization in Canada, she is assistant editor and writer for Cannabis Culture and Cannabis Health Journal, and opened a medical marijuana dispensary on BC's west coast. In 2005, she was sentenced to community service for growing medicinal pot for her husband, who has chronic fatigue syndrome but has an otherwise clean record.

Her cannabis activism is thought to be potentially responsible for the difficulties in Oregon, though there were absolutely no drug laws involved in Noah’s situation.

“I've been a working anti-prohibition activist and a member of counterculture media for over a decade, plus I'm married to an American. I know exactly the views of people in the States when it comes to drug use. It's my job to know, aside from my wanting to be aware of the situation my American friends and family have to endure,” Kirkman said.

“This judge is just tickled he caught an anti-prohibition activist in his web and is determined to make my family & I needlessly suffer.”

Judge Leonard

Judge Kip Leonard was appointed to the Lane County Circuit Court in 1989. He served as Presiding Judge of the Circuit Court from 1996 to 2000, and currently sits as the Juvenile Court judge hearing all juvenile delinquency and dependency cases. In Juvenile Court he created the state's first juvenile drug court.

“I'm not saying DHS took my son because of my activism. I'm saying the judge--who is elected and who started the Youth Drug Courts in Eugene--has been holding my son because of a political agenda. The judge doesn't even care what DHS has to say, let alone me. DHS already told the judge they want to send my son home, but the judge has said, 'No,'” Kirkman said.

“This is parental alienation, this is kidnapping, this is a system not used to parents fighting back,” said Avery Maxwell, family member. “I hope to God for your sake- this goes for everyone, that whatever political and/or activist activities you're involved in never influences the public's perception of your parenting.”

Where Does That Leave Noah?

Noah turned 12 on March 21st, 2010, his second birthday away from home. Another milestone without his mother.

Lisa hasn’t seen her son since July, 2009, and the family is only permitted one 15-minute supervised call with Noah every two weeks during which they are not allowed to say anything to Noah about coming home or how much they miss him. When they have, their calls have been cut off.

“It is literally easier to visit someone in prison, than to schedule a phone call so that he can speak to his sister on the phone,” his aunt said.

Everything his mother and family send to him is screened by DHS, and they do not know how much of it he receives. Though Noah is computer literate, his foster parents do not make one available to him, so he also doesn’t have access to email.

Noah’s grandmother was allowed to meet with his therapist who confirmed that Noah did want to return home, and the only fears he had were that his own behavior would somehow keep him from going home to his family.

These are not the normal fears of a 12-year old; it is not normal for a 12-year old to be dealing with such unnecessary separation trauma, a situation with no logical rationalization.

In April, Lane County Circuit Court Judge Kip Leonard ruled that he might be open to sending Noah back to Canada when the school year ends, but there was no guarantee.

There is more than one government official paying attention, however.

Canada Gets Tough With Oregon

“The Canadian federal government, including Alberta Members of Parliament (MP) Rob Anders and Dan McTeague, DFAIT (Dept. of Foreign Affairs & Intl. Trade) and the Prime Minister’s Office have had several meetings about Noah and are still discussing the situation,” Kirkman said.

“MP Dan McTeague actually brought it up in Question Period in the House of Commons, and Rob Anders sent registered letters to the judge and Oregon Governor Kulongoski, plus several phone calls telling them that he planned on going down to Oregon to pick Noah up.”

"This is not a checklist. I'll decide when he gets to go home." -Judge Kip Leonard

There has been no word from Oregon’s leaders, but Judge Leonard is quoted as having stated that he "doesn't care if the Governor or President Obama, himself, tell me to send Noah home, this little Canadian boy will not be leaving this jurisdiction until I say so."

“This sets a dangerous precedent for any Canadian traveling to the US,” says Jordan Champagne, friend of the Kirkman family.

“It also is very significant politically. The state of Oregon has basically said that the Alberta government doesn't know what is best for its citizens and they need to intercede. What are they really doing? They are punishing this innocent boy by keeping him from his country, his family and his faith.

"This needs to stop. He is a Canadian and he belongs in Canada.”

“Oregon's Department of Human Services has a long track record of incidents like this involving American children. Noah is the first known Canadian child in these circumstances,” added Avery Maxwell.

“They've been trying to justify their original mistakes since they took him and don't know how to back out of this gracefully, so they'd rather not back out at all,” said Lisa Kirkman.

According to the National Coalition for Child Protection Reform, Oregon has been removing children from their families at one of the highest rates in the nation since 1985, 70 percent above the national average and double and triple the rate in states widely considered to be models for keeping children safe. Those numbers should give all Oregonians pause.

Protecting children is foremost, but this cannot be accomplished without seeing the bigger picture, as Noah's story affirms. Without consideration for the sanctity of the family, the best welfare of children is truly at risk, and should be re-visited, if the cliché “family values” is to mean anything at all. And sometimes, a judge just has to be big enough to eat a little crow, for the good of the child.

Okay, Oregon: your move.

===========================================
News coverage: Harper asked to intervene in bizarre international custody case

Calgary Herald, April 27, 2010

Noah's mother, Lisa Kirkman has a Facebook page with 2,500 followers. Noah’s story has been covered first in Canada on the Calgary affiliates of CBC and CTV, the Calgary Herald and other media, including the nation's most prestigious newspaper, the Toronto Globe and Mail, and now in the United States. In addition to CNN, Lisa Kirkman has been on Portland, Oregon television stations KGW and KATU, and now featured on Salem-News.com.

CNN: Mothers of Lost Children Hold Silent Vigil at the White House

 

CNN iReport

Click to view NCarroll's profilePosted by:NCarroll

    CNN producer note

    NCarroll is the founder of the Indianapolis chapter of this organization and posted these photos, telling me, 'We tried to all dress in white as a sign of peace (as the Liberian women in "Pray the Devil Back to Hell" did). We had about 120 participants. '

    - hhanks, CNN iReport producer

     

    iReport —

    Mothers from across the country gathered at the White House today on Mothers Day to stand in silent vigil for the children who are now in the custody of abusers.  Claims of domestic violence are often dismissed by family court judges during divorces or child custody proceedings, even though the American Bar Association found false claims to be rare.  To raise awareness of this crisis in family courts, Connie Valentine and Karen Anderson of the California Protective Parents Association organized with other groups such as the Center for Judicial Excellence, Justice for Children, and the National Coalition Against Domestic Violence (NCADV).  The event was also supported by Stop Family Violence and the National Organization for Women.

    Dr. Mo Hannah (Siena College, New York) of the Battered Mothers Custody Conference introduced the speakers at the press conference held at noon.  Kathleen Russell from the Center for Judicial Excellence, Eileen King from Justice for Children and Rita Smith from NCADV spoke to the public and members of the press present.  Guests included Mildred Muhammad, ex-wife of the DC sniper, and other mothers including Katie Tagle and Amy Leichtenberg, both who lost their children in murder-suicides with their abusive fathers.

    Some members attending today plan on continuing the vigil daily at the White House throughout the month.

      Tags:child,custody,mothers,children,family,court,white,house,mildred,mohammad

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      Washington Post's "Heartbreaking Headline" is Disturbing

      The headline in the Washington Post, " HEARTHBREAKING FINISH FOR U-VA ROMANCE," continues, in my opinion, an ignorant yet sweeping trend in reporting these tragic crimes. Instead of sugar coating a headline that brings readers to the Internet or sell newspapers why not call it out for what this horriffic tragedy is, "Intimate Violence Murder Takes The Life of College Student," or do a follow-up as True Crime Writer Kathryn Casey wrote titled "Okay Girls-Time-To-Listen Up."

      I realize that does not send loyal readers running to the headline in fact it is likely tomake intelligent subscribers ignore the story and head over to the lesuire section of the newspaper. And it also does not do much for parents sending their children off tocollege at a large university. Anyway you look at it it is about the all mighty dollar.

      Lets face it Domestic ,Violence and Stalking related deaths do not sell newspapers. The subject matter is not attractive and it only perpetuates the myth that intimateviolence is between two people and they should somehow work it work between themselves. I have a news flash for you; it obviously did not work for Yeardly Love, who, in my expert opinion, did not have to die. Nor does the fact that colleges polices and the hour of student orientation they receive upon entering college on sexual assualt and campus crimes do little more than protect a university from lawsuits because they have passed out to the new students written mumbo jumbo from information copied off aDepartment of Justice website or newsletter and called it "information you can use to be safe."

      Obviously, it did not work for Yeardly Love or those we do not even hear about who are silenced on college campuses across the county.

      It is a silent yet known fact that University police are not trained adequetly in sexual assualt and domestic violence crimes. And, yes, folks, they are crimes!

      An example of another tragic case is a book written way back in 1995 by Washington Post pultizer prize winning journalist George Lardner titledm "The Stalking of Kristin," about a promising young art student who was killed by a jealous ex-boyfriend while attending college. Kristin Lardner did everything right. She was educated and sophisticated, and had the time and resources to make the law work for her. And she was a member of the class of people who believe the law when it promises to protect them. With a parent's rage, and an impressive command of the facts and statistics, George Lardner refutes the widespread belief that the courts offer effective protection to battered women who do report their abusers and press charges. The book includes photos of Kristin's artwork about abuse of women and 80 pages of footnotes and bibliography about the legal system. Unfortunately, this book needs to be part of every college campus and law school is no longer in print. I thought about George Lardner, whom I met while on book tour of my first published work, "Defending Our Lives, Getting Away from Domestic Violence and Staying Safe." [published by Doubleday Books]

      I am sure, if asked of the father of Kristin , George Lardner, "what has changed in the legal system since the murder of his daughter 18 years ago?": his response would likely be "nothing has changed."

      Maybe the Washington Post will do a story or review on the book "Time's Up A Guide on How to LLeave and Survive Abusive and Stalking Relationships." It may not grab new subscribers to the Washington Post, but it will save lives!

      Available for Order NOW! CLICK COVER
      How you can escape a violent relationship and get out with your life. ALSO NOW AVAILABLE ON KINDLE

      Labels: Charlottesville, Chevy Chase, Children Domestic Violence, Consumer Safety Strategies, Gerorge Lardner, Intimate partner violence, Universities, Virginia,Washington Post, Yardley Love

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