No loving father should be childless...

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 mikeeast@vci.net) 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!

 

   Court video January 4, 2008

    

 

   Jerry Nichols- False EPOs and biased Judge

 

  1. Court video May 8, 2000

     Margie Nichols/Diel vs. Jerry Nichols, his father Jerry Nichols Sr., and mother Ethel Nichols

     Judge Sanderson extends the EPO for another 14 days against Jerry who as a marine is stationed in Okinawa, Japan as he has been since July of the previous year.

      

  2. Court video: May 8, 2000

     Continuation of the above hearing.

     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

      

  3. Court video: March 4, 2005

     Margie Nichols/Diel admits filing false Petition of Domestic Violence against Mr. Brown. Mr. Brown is another father of one of Margie's children. Margie has four children from three different fathers.

      

  4. Court video: May 19, 2006

     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.

 

Sincerely,

 

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 Assembly

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.

Mike East

VP FATHERS

mikeeast@vci.net

 

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.

 

Sincerely,