The Judicial Mishandling Of The Case

 

“I believe that Judge Echarte’s handling of this case was inappropriate and inexcusable because he chose to ignore the best interest of the children as the guiding force in making his decisions leading to the near catastrophic psychological injuries my children are experiencing right now.  Among some of his inexplicable handling of this case are:

1. The acceptance of an illegally obtained document, used as hearsay, to suspend my time-sharing with the kids.  At the same time, refusing to hear or view evidence that showed events my kids had mentioned in the CPT report that would have shown the psychological manipulation of their mother against me.  For instance, a video I obtained in Nicaragua where my ex physically attacked me at a mall in front of my kids (both kids mentioned part of this incident in the CPT report: “Yes. I saw purple/green bruises…He left my mom real red right here…”), and where my ex then proceeded to self inflict injuries to her body, and went to the police claiming that I had physically abused her, and that I had taken my son’s cell phone and had sent messages making it look like she was having an affair with another man (the man she had actually left with, and whom she later got into a fight and left while still pregnant with his son about 1 ½ years later). To her surprise, right in front of where the incident occurred, there was a security camera that captured the total opposite of what she was alleging, and this saved me from having to serve 8 to 11 years in prison for physical abuse in Nicaragua.  [Ironically, the man she had left with was the one who helped me find out where my kids were, you can hear recording here, and see partial transcript of conversation here, video and recording Judge Echarte conveniently chose to ignore].

2. Selective and inconsistent use of evidence. Ironically, the CPT report initially used against me had recommended that I undergo a psychological evaluation, and DCF requested special funds so I could undergo this evaluation with Dr. DiTomasso, a highly qualified psychologist, but when my then attorney tried to present it in court, Judge Echarte conveniently refused to admit it as evidence with the excuse that it had been performed one day before he had given his order.  Incidentally, the legally obtained DCF psychological report clearly showed that I was not suffering of any major psychiatric disease, so it would have cleared me from the false accusations my ex-wife attorneys were making. In other words, Judge Echarte admitted as evidence confidential, misleading and illegally obtained documents, but refused to admit as evidence legally obtained evidence from the same source; excusing his decision on a minor technicality while at the same time ignoring huge legal misbehavior from my ex-wife’s attorneys, such as using purported emergency motions without proper notice and relying on hearsay evidence in the form of confidential, misleading and illegally obtained reports and evaluations.

3. Judge Echarte cleverly forced me to undergo another psychological evaluation with a psychologist my ex-wife’s attorneys had recommended, Dr. Vanessa Archer. We unsuccessfully tried to change Dr. Archer because of her clear conflict of interest and her terrible handling of previous psychological evaluations; one of them, I believe indirectly leading to the death of an innocent child, Nubia Barahona, and in other cases as “The Nubia Barahona Report” stated, her improperness in handling cases as “drive-by diagnosis,” reasons why DCF had suspended from using her professional services.  I say that Judge Echarte cleverly forced me to undergo evaluation with Dr. Archer because his order said that unless both parties agreed on a different psychologist, I would need to conduct the evaluation with Dr. Archer.  Of course, the other party never agreed on a different psychologist because they already had a positive report with Dr. Archer, since they had referred other cases to her, and could expect an evaluation favoring their client. Surely enough, the report from Dr. Archer came back clearly leaning in favor of my ex-wife attorneys’ arguments, [and purposely hiding evidence, such a recording of my son denying what she was alleging in her report; instead of presenting this evidence, she requested Judge Echarte in a letter for me to discontinue any conversations with my children] and completely contradicting the evaluation performed by DCF’s appointed psychologist, Dr. DiTomasso.

4. Without the benefit of an evidentiary hearing and the opportunity to cross examine Dr. Archer’s one-sided evaluation, Judge Echarte gave further orders that negatively affected my children and my ability to defend them.  After inappropriately reading hearsay evidence from Dr. Archer’s evaluation, Judge Echarte furiously told me that I needed to reach an agreement to pay for my ex-wife attorneys’ fees, over $15,000 dollars, or he would force me to do so.  At that time, I was finishing my Medical Residence and was only making about $50,000/year; I had already agreed to pay close to $1100/month in temporary child support, and was already running well over $25,000 in debt to cover for my own legal fees, but I had no choice but to agree to pay for half of the amount they were asking or based on Judge Echarte’s furious statements, I could have been ordered to pay the whole amount. At that time, based on a discussion with my then attorney, Sabrina Salomon, it was my understanding that I could later appeal or modify the order due to the inappropriate way Judge Echarte had handled the case; but to add to the irony of life, a few days later, my then attorney, told me that she no longer could represent me because she had taken a job in a batter women’s shelter associated with my ex-wife, and this represented a conflict of interest.  I then later found out that an agreed order is virtually impossible to modify and this coming September 12, 2013, I am facing the possibility of jail time because I was only able to pay the first $1,000 dollars of the $7,500 ordered.  My new attorney has tried to come up with a different payment plan, something that I could actually afford under my present financial circumstances, $500 initially and $200/month, until I am able to earn a better salary. However, the other party arrogantly refused to accept this agreement.

I believe that Judge Echarte’s handling of my case leaves grave questions as to his neutrality and fairness in promoting the advancement of justice, but above all, in advancing the principle of representing the best interest of the minor children.  I hereby officially request a full investigation of this case, and that amends be made expeditiously to avoid any the further psychological harming of my kids.  Please, rest assured that I hold no personal vendetta against Honorable judge Echarte; God appointed him as a judge, and I respect and honor his office, but he is also a human and as such also makes mistakes.  The main reason that I am contacting your office is that I want to make sure that these mistakes are not repeated, and that the parental alienation and consequent psychological abuse my kids have suffered is not suffered by any other kids in your jurisdiction. Thank you very much for your time and attention to this matter.”

To make matters worse, I then came before a third judge, Judge Scott Bernstein, a confessed homosexual (just in case you may misunderstand me: I believe that God loves homosexuals, the same He loves sinners, and we are all sinners), who inherently lacks the ability to identify with the love of a father for his children, who claims to stand against bigotry but becomes a Christian bigot himself, and whom supported the opinion that somehow my Christian beliefs prevent me from freely seeing my children. Here are some links about Judge Bernstein and his “husband” sending a clear message to our children that it is perfectly normal for a man to marry another man, but that somehow, it is wrong for Christian parents to pray with their own children: (miamiherald.typepad.comgaylife.about.comwww.jud11.flcourts.orgwww.flickr.com).

After basically ignoring all the evidence presented (Verified Petition for DependencyRESPONSE TO MOTION FOR CIVIL CONTEMPT-ENFORCEMENT,  Motion to vacate all ordersMemorandum in support of denial of mother’s motion for contemptFather’s response to mother’s motions for contempt), Judge Bernstein nearly forced me into bankruptcy due to legal fees and costs, forcing me to pay for my ex’s attorneys, and contrary to all common sense, demanded that I undergo a second evaluation with the same  psychologist I had reported to the Health Department instead of accepting an independent psychologist from DCF.  The psychologist was Vanessa Archer, the same person who in my opinion was at least indirectly responsible for the killing of an innocent child, Nubia Barahona, please see official report. To no ones surprise, conveniently, once again, she ignored the evidence presented, and recommended periodic re-evaluations with her ($1,800 each) and to continue with supervised visitations, where I need to pay a social worker to see my children. To me, this is nothing more than a “legalized” form of extortion, and I am not longer willing to put up with it any more.

Even after presenting all the above evidence, Judge Bernstein went as far as prohibiting me to send e-mails with the daily Bible devotionals to my son, something I used to do with all my family contacts. Although I have submitted to authority all my life as Romans 13:1-2 calls Christian to do, or I wouldn’t have become an engineer and a doctor, the Bible also commands Christians to obey God rather than men (Acts 5:29), so I have decided to disobey Judge Bernstein’s orders and go to jail if necessary to teach my children the word of God.  And, I hereby call Christians of all denominations to unite with me in drawing the line, and saying to these individuals, as Peter and the other Apostles did, we will obey God rather than men!

Next Page: Conclusions

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“But the Lord God helps me; therefore I have not been disgraced; therefore I have set my face like a flint, and I know that I shall not be put to shame” (Isaiah 50:7).