Above: Jerry Nichols explains the abuse his two young daughters have endured at the
hands of local CPS and Family Court to US Congressman Ed Whitfield at the April 15th
TEA Party in Paducah.
Congressman Whitfield along with his Western Kentucky District Manager Mike Pape
are gravely concerned about the abuses our children are facing here in Western Kentucky
and the inability of our local courts, CPS, and law enforcement to correct and prevent
this child abuse.
Even after Congressman Whitfield set up a meeting between FATHERS' members Jerry
Nichols, Roger Choate, Mike Oakley, & Mike East with the head of CPS, (Children and
Protective Services), Steve Nunn, the abuse and lack of concern from our local officials
continue. A few days following the meeting in which documentation and affidavits
were submitted to Steve Nunn, director of CPS, the case file on Jerry's girls was
ordered sealed by the local court. The evidence contained within the CPS file was
so damaging and embarrassing to the local courts and CPS that rather than correct
and prevent further abuse and acknowledge and fix the problems with our broken system
they continue to hide and conceal this child abuse and any evidence of their failures!
At the May 7, 2009 hearing CPS once again blindly sided with the mother against the
children and described the mother as a model mom. CPS made no mention what so ever
of the attack on Jerry's daughter or the mother's negligence in protecting her daughters
against such harm. CPS did not mention the mother's failure to report this attack
to the authorities, nor the mother's failure to seek professional counseling for
her daughter after the attack. The CPS worker that testified had no records of the
attack yet claimed to be very knowledgeable about the well being of the girls. These
are the same CPS workers involved in Roger Choate's story. http://www.kyfathers.org/stories/cho/default.htm
Judge Clymer did not question the CPS workers qualifications for evaluating the mother.
Judge Clymer did not ask how a case worker who claimed to be so familiar with the
girls had no records of this attack. Judge Clymer did not question the case worker
as to their investigation of this attack in which they had no records. Judge Clymer
did not ask what type of counseling or treatment was given to the young girl to insure
she had recovered from the attack. (The police report of this attack is linked directly
below.) Judge Clymer did not question or ask for any law enforcement officer or agent
to even verify that this police report of the attack was ever investigated. Judge
Clymer dismissed Jerry's plea for a "Guardian Ad Litem" in order for the girls to
confide their story to an independent third party. The mother's lawyer Dianne Riddick
was adamant in her argument against such an independent third party even though it
would have been at no expense to the mother, and would have greatly helped insure
the girls well being. Dianne Riddick's first statement to the court was false, and
Judge Clymer at no time during the hearing cautioned anyone on giving false information
to the court.
Jerry Nichols January 4, 2008 court appearance before Judge Hines.
Jerry has been fighting to protect his children for years, and continually in
court for the past two years at this point. Jerry has filed this motion because he
learned the day before Christmas that his daughter had been molested while in the
custody of the mother. This was just what Jerry has feared for the last few years
as he has fought tirelessly and relentlessly to protect his two daughters, age twelve
and thirteen at this time. Jerry has sighted the reckless and careless conduct of
the mother giving example after example of the mother placing the girls in dangerous
and unhealthy living conditions. Jerry has watched helplessly as his daughters grades
have plummeted, and their attendance in school has been so poor the mother has been
taken to court three times. Jerry has watched as his girls have been taught it's
ok for girls, not even in their teens, to wear sexually provocative clothing, and
behave in very inappropriate ways which he knew was wrong, and would lead to trouble.
Jerry has sighted the mother's problems with the authorities as her list of court
appearances grows longer and longer. (document attached, Diel court appearances)
Just listen to the way in which Judge Hines rips into Jerry immediately. Not
giving one care to the police report filed on his daughter's attack. (document attached,
police report, password required - If you are a US or State Senator or Representative,
KY state employee, or have a legitimate reason for having access to this information
please feel free to contact: Mike East, President, FATHERS, 800-472-3741 firstname.lastname@example.org)
The police were notified by the mother of one of Jerry's daughter's friends. Jerry's
daughter had been abandoned at her friends home by the custodial mother for two weeks
just before Christmas. Jerry's daughter is present in the court as Judge Hines completely
dismisses the police report and attack as a fabrication by the traumatized thirteen
year old girl! Judge Hines has never met Jerry or his daughter before, and absolutely
no evaluation has been done to determine if this report was valid or not. Judge Hines
just assumes that since Jerry is the one filing the motion, the entire motion is
"bull sh...". These are Judge Hines exact words, clearly stated on the court video!
Can you even begin to imagine what it feels like for Jerry, who has been trying to
protect his daughters for years, worst fear has been reported to the police by a
complete stranger. And now the Judge calls it bull sh..!!! What could possibly be
running through the young thirteen year old's mind as she sits in court embarrassed
and humiliated, and has to listen to the judge call her a liar. A judge that does
not know her and has never even met her!!!
All the judge is interested in is money!! He could care less about the well being
of this young girl, let alone he emotional and physical harm the courts have done
to Jerry. Judge Hines rants and raves like a mad man over Jerry missing a court date
that Jerry was never even notified of. Jerry has complained to me, Mike East, as
well as McCracken County Attorney Dan Boaz about the failure of the court to notify
him of the date. Judge Hines, after behaving like a complete fool, even reads the
police statement that Jerry was never notified from his file! (document attached,
records that Jerry was living at this address).
The entire time that Jerry was the custodial parent the mother didn't pay child
support. No one ever said anything to the mother about not supporting the girls financially.
Just listen the the way in which Judge Hines ignores the police report of the thirteen
year old girls attack, and is completely blinded by his obsession with money!
Judge Sanderson issues DVOs, (domestic violence orders) against both Jerry
Nichols Sr. and Ethel Nichols, completely separating them from their grandchildren
for three years and just one small step away from turning both grandparents into
felons. Judge Sanderson also orders psychological evaluations on both grandparents.
Ethel Nichols becomes so distraught she has to be carried out of the courtroom by
her family. As of the writing of this letter she has still not recovered from the
trauma of becoming completely isolated from her grandchildren for three years. Even
sending a Christmas card to her grandchildren will violate her DVO and will result
in her incarceration. Enclosed you will find copies of both evaluations. Please note
the highlighted sections of the evaluations, along with the statements that no Anger
Control Training or Domestic Violence Intervention is recommended for either Jerry
Sr. or Ethel. Jerry Nichols Sr. Evaluation and Ethal Nichols Evaluation
Judge Sanderson issues a DVO against Jerry despite the Judge’s acknowledgement
that Margie has a history of using EPOs simply to gain advantage in court. This EPO
which the Judge turned into a DVO, was likewise filed to coincide with the upcoming
custody hearing which Jerry lost mainly because of the DVO. Under Jerry’s care the
children had perfect attendance with excellent grades, and were living in a very
safe neighborhood. Margie has been taken to court by the Commonwealth of Kentucky
because of school problems including truancy. Documentation enclosed.
The following is a complaint regarding the latest attack against Jerry by Judge Sanderson:
February 9, 2007
Re: The illegal harassment and intimidation of FATHERS’ member Jerry Nichols, by
Family Court Judge Cynthia Sanderson.
I am Mike East, President of FATHERS. FATHERS has been documenting the discrimination
and harassment against our members by Family Court Judge Cynthia Sanderson over the
past four years. Listed below is one more incident that clearly indicates the bias
and prejudice that Judge Sanderson is showing against our members.
On Friday, January 26, 2007 at 4:20 PM I met Jerry Nichols at the McCracken County
Courthouse. Jerry had informed me earlier that week that while at the court house
he was told by a worker there that they had his “mug shot” at the security check
point you must pass through to enter the court house. Jerry discreetly checked, and
taped vertically in the upper left corner of the desk there was his picture. After
many months of harassment and insults in Judge Sanderson court, Jerry assumed that
she had trumped up some bogus charge and that they were going to either arrest him
falsely, or just publicly humiliate him again. He left quickly and called me.
Below Security guard Billy Joe Carroll with Jerry's picture circled in red.
Upon meeting Jerry in the courthouse that afternoon, I asked the security guard,
Billy Joe Carroll, why Jerry’s picture was posted at his station. Mr. Carroll informed
me that Jerry was barred from the courthouse. I asked Mr. Carroll a second time,
you mean Jerry can not enter the courthouse, and Mr. Carroll replied, that’s right
he is not allowed to enter. (Jerry had grown a beard and was wearing a ball cap,
and had entered through this checkpoint not being recognized just a few minutes before.
Jerry was standing a few feet behind me in order to not draw attention to himself.)
Jerry and I then went to the McCracken County Sheriff’s department where we met Chief
Deputy Mike Turnbow. Jerry had talked with Deputy Turnbow earlier that day. At that
time Deputy Turnbow had checked the picture and verified to Jerry that it was indeed
Jerry Nichols’ picture. Deputy Turnbow had called and verified that it was authorized
by Judge Sanderson. He informed Jerry that Jerry could enter the courthouse and go
anywhere Jerry wanted, but that Judge Sanderson and the Sheriff’s office were to
be informed each and every time Jerry entered the courthouse.
I identified myself as Mike East, President of FATHERS, and informed Chief Deputy
Turnbow that the security guard had informed me that Jerry was banned from the courthouse.
Deputy Turnbow explained that was not right, and told me Jerry could enter the courthouse
as described in the preceding paragraph. I told Deputy Turnbow that was not what
the security guard had told me minutes before, and ask the deputy to accompany us
to the checkpoint that I wanted a witness as to what the security guard had told
us. We all three walked back down to the checkpoint and before Deputy Turnbow had
a chance to influence the security guard I asked the security guard Mr. Carroll,
“Did you tell me that Jerry was banned from the courthouse”. Mr. Carroll replied,
“that’s right, Mr. Nichols can not enter this courthouse”. Deputy Turnbow then spoke
up and said that’s not right, and explained to the security guard what he had told
Jerry and myself earlier. Mr. Carroll replied, “that is not what I was told, I was
instructed Mr. Nichols could not enter the courthouse“.
At this point I cautioned both Deputy Turnbow and security guard Carroll to remember
this conversation very carefully that they would be called as witnesses regarding
this matter. I also asked for something with Deputy Turnbow’s name on it so I could
verify he was the deputy involved. He stated, “I’m not giving you anything with my
name on it. The courthouse is closed and it’s time for you to leave.” At this I told
Jerry, let’s go and we left without saying another word. We both expected continued
harassment. It was 4:35. As Jerry and I sat in my car in the courthouse parking lot
Jerry remarked that now as his children remain in what Jerry considers a dangerous
environment he can not even enter the courthouse to file a motion to protect them.
On Wednesday, January 31, 2007, at 10:05 AM Jerry went back to the McCracken County
Courthouse to speak with County Attorney Dan Boaz regarding his “mug shot“ and Judge
Sanderson‘s harassment toward him. Jerry was stopped at the same checkpoint by security
guard Jim Winn and told he could not enter the courthouse. As Jerry explained to
security guard Winn what Deputy Turnbow had told him Friday, not one, but three McCracken
County Deputies were dispatched to the checkpoint as if Jerry was a violent criminal.
(During all of this Jerry has remained extremely calm, not even raising his voice.)
The deputies explained that Jerry could enter the courthouse only with an escort
from the sheriff’s office, and that the officer had to escort Jerry anywhere Jerry
went inside the courthouse. Jerry was escorted to Dan Boaz office where County Attorney
Dan Boaz asked Jerry if he had posted information on the FATHERS web site. (Just
one more reference to the FATHERS group that indicates the bias and prejudice against
the non-profit support and advocacy group. One more warning that belonging to this
group will guarantee harassment and unfair treatment by state and local officials.)
Upon leaving Dan Boaz office Jerry was escorted by the deputy back downstairs where
Jerry was paying his taxes. Jerry went to the wrong office and reported back to the
checkpoint unescorted and asked where to pay his taxes. The security guard then escorted
Jerry back to the McCracken County Sheriff’s office were Jerry made his tax payment.
Jerry has committed no crime nor action to warrant these personal attacks against
him by Judge Sanderson, if he had she would have filed charges against him, or ruled
him in contempt of court and had him jailed, she does not hesitate to do so. Jerry
has not only worked well within the law, but shown nothing less than respect for
the court. Reviewing any or all of Jerry’s court videos, or questioning any or all
of the persons involved, will attest to his calm and respectful behavior. Jerry is
simply exercising his constitutional rights as a parent and citizen of the U.S.A.
This is simply illegal state sponsored harassment against Jerry and the FATHERS group
authorized by a Family Court Judge that is out of control.
This is just one more of Judge Sanderson’s blatant fear tactics that are a part of
her personal vendetta against Jerry, as well as others in the FATHERS group. Judge
Sanderson also issued DVOs against Jerry’s parents as well, separating them from
their grandchildren for three years. Jerry’s mother had to be carried out of the
courthouse. Court video of these atrocities are up on our web page, as well as the
court ordered evaluations of Jerry‘s parents showing nothing to warrant these restraining
orders. (see www.kyfathers.org, Jerry Nichols top right).
Local lawyers have told FATHERS’ members that the reason they have lost in front
of Judge Sanderson is because they are a part of the FATHERS group. When Judge Sanderson
learned another person in front of her was a FATHERS member she became so angry that
she broke a pencil she was holding. (That particular scene does not appear on the
court video tape. That FATHERS member will testify that it did occur and name the
other persons present at that hearing, one of which was Ballard County Attorney Vicki
Holloway.) Another of our members ask her lawyer to remind Judge Sanderson of a statement
Sanderson made as she spoke during one of our meetings. Judge Sanderson stated that
she would allow a parent that had rearranged their schedule to be off to watch their
own child instead of that child being placed in day care by the custodial parent.
This member’s lawyer stated, “I will not remind Judge Sanderson of that comment because
I want to continue to practice law in western Kentucky”. Another of FATHERS’ members
was singled out as being a member of the group just before harshly ruling against
him by continuing a DVO for three additional years, even after Judge Sanderson acknowledged
he had obeyed all conditions of the DVO for the past three years. This member was
brave enough to put his court video of that hearing up on our web page. (see www.kyfathers.org,
top right Ralph Priddy.) FATHERS members have also reported that Judge Sanderson
discusses their court cases with them, their courtroom opposition, and with her various
family members outside of court and with no opposing representation present. Some
members will testify to this.
This type of behavior is no different than ruling against someone simply because
they are Republican, or of a particular race, or faith. This is in direct violation
of the KRS, as well as federal laws prohibiting gender and other types of discrimination
in the courtroom.
Numerous complaints have been filed by FATHERS, our members, and other individuals
against Family Court Judge Cynthia Sanderson and the personal vendetta she is executing
in McCracken County Court against FATHERS, our individual members, and various other
individuals. FATHERS is asking not only for the removal of, and disciplinary actions
toward Judge Sanderson, but also for the appropriate disciplinary actions toward
all those persons that have knowledge of these wrong doings and have allowed this
grave miscarriage of justice to continue unchecked for such an unacceptable period
of time. FATHERS is maintaining accurate records of the various complaints filed,
and replies from, the various state and federal agencies and persons involved for
future disciplinary actions regarding their dereliction of duties in correcting this
judicial misconduct and illegal persecution of individuals by Cynthia Sanderson,
who is a state employee, member of the Kentucky Bar Association, and state judge.
Mike East, President- FATHERS, 1673 Hamburg Rd., Kevil, KY 42053
Jerry D. Nichols Jr., 2210 Dixie Avenue, Paducah, KY 42003
Copies of this complaint will be mailed to the following persons, media, and agencies.
KBI Officer Don Kirgan, U.S. Senator Mitch McConnell, Governor Ernie Fletcher, First
Lady Glenna Fletcher, Lt. Governor Stephen Pence, Office of the Attorney General,
Justice William J. Graves, Kentucky Bar Association, McCracken County Sheriff Jon
Hayden, McCracken County Judge Executive Van Newberry, McCracken County Attorney
Dan Boaz, Peter Baniak- Lexington Herald Leader, Jim Malone- Louisville Courier Journal,
Michael Powell- Kentucky Publishing Inc., State Representative Steven Rudy, State
Senator Bob Leeper, Mayor Bill Paxton- City of Paducah, Ernie Mitchell- News Channel
6, U.S. Marshal Ronald R. McCubbin, Judicial Conduct Commission, Kentucky General
The list of EPO and DVO abuses goes on and on even in a group of 200 members like
FATHERS. Another of our members, James Jeffries, had his son taken away by local
police that burst into his home as if he were a terrorist. He watched in horror as
his son was forced crying for his daddy into the back of a police cruiser and placed
in the hands of a social worker. Can you imagine the emotional harm this causes to
a five year old child? This is clearly child abuse! Yet there are no legal repercussions
for filing false EPOs, and no limit as to how many times one person can use EPOs
for harassment or to win in court.
Another of our members is Charles Hobbs. His son was acting up in their church parking
lot. Charles took hold of his son’s shirt collar and very sternly explained that
is not the way we act at church. Charles’ son was fifteen and weighed nearly 200
pounds at the time. This angered the mother who filed an EPO against Charles thus
baring him from his own home. Charles was an avid hunter and when he stopped by to
make sure his guns were not in the hands of by now a very angry and confused fifteen
year old, the Ky State Police where called to arrest him. All of Charles’ guns had
trigger locks and he was not even in possession of the key! He was confronted by
three state troopers, guns drawn. One of the troopers holding a shotgun on Charles
was shaking so badly Charles was afraid he was going to be shot in all of the excitement!
Troopers were called to the scene, guns were drawn, and Charles never had a snowballs
chance of defending himself against all the drama. Charles is now a convicted felon.
Footnote: When Charles married his wife she had an infant son, who Charles adopted
and raised as his own for fifteen years. The thanks Charles got was felony status!
Many of our lower income, less educated members do not even defend themselves against
false EPOs. Legal and financial aid is, for all practical purposes, non-existent
for these less fortunate parents.
If you would like to interview any of these victims of the abuse occurring because
of an over funded, under regulated VAWA please contact me.
The following is a letter that Jerry wrote to Judge Sanderson after he lost custody
of his children.
McCRACKEN FAMILY COURT CIVIL ACTION NO. 00-CI-00740 CIRCUIT DIVISION
IN RE: THE BEST INTEREST OF
JASMINE NICHOLS AND CHELSEA NICHOLS
JERRY D. NICHOLS JR PETITIONER AND
MARGIE DIEL RESPONDENT
Family Court Hon. Judge Sanderson
This my letter asking the court to give back custody of my 2 children Jasmine and
Chelsea Nichols. Due the fact the Respondents home is not suitable to receive custody
of the 2 children more less even suitable for the 4 children that she has. I ask
that the Judge to reverse her decisions to place the 2 children back in a more stable
and healthy and Less dangerous environment back with the Petitioner. On the grounds
that there were wittnes’s on my behalf that wasn’t present due to Petitioner counsel
was unsure she was going to be able to appear due to election that she was running
for in Ballard County attorney so she didn’t know until a few days before that I
paid her all ready a month aheaded time. So I called the law firm to make sure that
my attorney was going to be there for me on May 19th 2006 and my Counsel said she
was trying to get someone else in the law firm to fill in for her because she wouldn’t
be able to make it and I didn’t find out until the day before court that my attorney
was going to be present so the wittness that I very much needed to be subpoena for
court in the custody hearing they didn’t get to testify in my behalf. there are 2
of them Officer West Orzine with the Paducah Police Dept. and McCracken County Sheriff
Deputy Eric Augustus, they both know that the Respondents home is totaly unfit for
children to live in also in a unsafe neighbor hood to be raising children. So if
you would be so kind talk with the Police officer and Deputy sheriff they would be
able to let you know what I say is true and is not a lie. So my 2 Daughters went
out there in that enviroment Due to Petitioners law firm the Petitioner had wittiness’s
that would have proven the children were in a more stable and less dangerous enviroment
to remain with the Petitioner. so due to this my wittness weren’t there to testify
in the childrens behalf. So in this results the Respondent was awarded custody of
Jasmine and Chelsea Nichols. While in custody of Petitioner the children report cards
were better than if they were with the Respondent. And the childrens attendance was
even better with the Petitioner while in his custody compared to being in the Respondents
care of children missed a total of 33 days of school in one school year causing the
school to take legal action against the Respondent and even causing one child Jasmine
to be held back. If the Court or if your Hon: Judge Sanderson would be so kind to
contact. the Clark Elementary school they would find out that the Respondent was
headed in the same way to have legal actions taken against her for the absences and
the tardiness of her son Hunter Tre Diel. If your unable to reverse your decision.
I ask that if you would for my daughters sake there be set court hearing to address
theses serious issues. if I’m not awarded custody of our 2 children. I ask the court
step in and remove all the children and put them in foster care they deserve to have
a good life. I have 2 very Beautiful daughters that deserve to have a good life and
as for the other 2 children hunter tre diel he a good boy and he really needs a father
figure in his life to teach him right from wrong unfittingly I know the father and
he’s told me that he doesn’t want nothing to do with his child. That is a shame if
I was rich and had more help I would love to be hunters tre diel dad and teach him
right and wrong I’m afraid this young boy is going down a very dangerous path and
is going to be in jail or prision when he grows up if he’s doesn’t get some kind
of father figure or postive role model to give him the love and direction in his
life. I trust that you will make a fair decision to this urgent matter concerning
the health and well being of the 4 children stated in the letter above. Further more
since May 22nd I’ve haven’t seen my 2 daughters I have contacted the police and Respondent
said it would be ok for me to come out to her place and even check with her counsel
that it would be ok even though I have a DVO against me and I know that the Respondent
has file false EPO against my self and my parents and other father’s to gain ground
in a custody battle. And even though all I can do is hope pray to God that he watches
over all the children till I can them back or get the court to over turn this decision.
I know my place is more healthier and free from danger compared to Respondents home
and neighborhood. I know that I can raise these child in a more postive way and more
stable enviroment. I even have copies of there attendence and grades from this past
school year both of the children grades sored higher and attendence was greater with
the Petitioner, other than with the past school years in the Respondents custody.
I know that I was moving in the right direction with the children and they were well
care for. All I’m ask for a chance to show the court after only one year I made a
big impact on the children concern them being well taken care feed and clothed and
keeping them in school. Im afraid in many ways for my children if they are hurt or
being mistreated in any way by any of the Respondents friends. that are there shelia
norvell this the Respondents close friend she is knownin the court system and like
to cause all kinds of trouble she has lost custody of 3 children and is pregant again.so
I know if I go out to pick up the children at her apartment they laugh at me and
say thing or even make up a false police report I have no one to go with me pick
up the kids due all the false DVO file against my parents they are here to support
me and the children if I need it but they are like me I’m tired of all the court
case and the false DVO’s and EPO’s against me and my parents during the whole year
and 3 months there was not DVO or EPO file against the Respondent she came and pick
up the children and drop them off the only concern was that the Repsondent always
brought back the children back about 15 -20 mins late. Thank you for ur time for
reading my letter.