More victims of the same Judge David J. Cowan:
Bradford D. Lund
When a wife runs and attempts to alienate two children from their loving father after four and a half years of dedication and excellence… the court system can and did enable this abhorrent behavior and causes more harm than betterment. Without a lawyer, the fight to stay in their lives and provide proper parenting becomes a full-time/overtime position. See the father’s interview and also the four episodes of his home movie shorts.
Out in front of the Santa Monica Courthouse, Los Angeles County West District Branch, stands a father of two children, a boy, now seven and a daughter, now five, with two signs.
They read: I DESERVE TO SEE MY CHILDREN. LET RIGHT BE DONE
and: A FATHER HAS A RIGHT TO PARENT
He has been there for eight straight weeks and says he’ll be there as long as it takes, adding, “Enough is enough.” His parenting rights have been stripped as of December 4th, 2008. after having been previously diminished to two mini visits per week from a 50/50 format that had basically existed the prior year and a half and also included his having full custody for the better half of 2007. “Even when I had the kids full-time, I gave the ex her liberal visitation even in the face of the horrifying conditions she had placed the children. They need to see and spend time with each parent. That’s what the court-ordered seminars suggest as well.”
The horrifying conditions that this father speaks of is the Spring and Summer of 2007 when he first discovered that the mother and her new boyfriend, age 50 something, were not only leaving the children in the care of a 21 year old female convicted heroin addict with no driver’s license and warrants up the kazoo pending, but his three year old daughter had, by name, identified the boyfriend as having fondled/molested her….. “She told me after I had a long discussion about safe boundaries around her body(a discussion with both children) that ‘[the boyfriend} touches my peepee.’ Something horrible was happening to my daughter. She was urinating all over herself in public. She would grab both my hands and rub, with friction, her rear end while going to sleep on my chest. This[urinating] was all in about a three week period. This is a father’s worst nightmare. This is a three year old baby girl. Three year olds don’t lie.”
During the months of investigation (allegations that were later deemed “unsubstantiated”) that led well into the ’07 school year, investigations into the molestation charges brought on by the three year old girl, were led by both the El Segundo Police Department and Child Protective Services, were to go up against the wrath of a denial-ridden mother who had just emotionally raped her daughter in front of her father and older brother. Upon initial notification of this heinous crime from the father to the mother, the mother exploded. A tirade of “YOU LIED” was blasted at the young child. This was followed,hours later, by a phone call forcing the defenseless child to admit to her daddy that she had lied about something she had so freely admitted the evening before. Impossible odds for the investigators. Three year olds do NOT lie.
The findings by authorities in regards to the molestation were found unsubstantiated. “I left Detective Mulroney’s office mortified,” said the father, “the perpetrator did not fit a profile?” A father’s worst nightmare. Knowing something did happen, Mr. Duval said that his assumptions were later confirmed (as if they weren’t already) when, in picking up the children for school, his son had commended his daughter for receiving a gift from the mother that morning for not having gone into the mother/boyfriends bedroom the night before. “My daughter was being bribed to stay out of where the crime had taken place.”
The children, mostly the daughter, would spend afternoons crying not to have to go stay with the mother in what the father had proclaimed “the trauma pit.” “The mother would be crying, pleading with me, ‘Can’t you talk them into it?’ I was watching an unfit parent coming face to face with the consequences of her failing parenthood.”
The children were now safe with their father, and even without a court order, he still allowed liberal visitation. “The children started their respective school years in great spirit,” said the father proudly: The son in first grade, the daughter, full time in her first year of preschool. “This was a huge moment for my daughter, as it is for any child. Their mother didn’t make it to the daughter’s first day at preschool. I found that to be tragic,” said Mr. Duval.
School was now the saving grace. As a fourth generation Santa Monica resident, the father, a local man, knew his hometown school district was just what the doctor ordered and his children were now grooving into a great routine, aside from the daily domestics: School, Library, Studies, and Play. This routine was started in September of 2007 and would thrive all the way until January of 2008, when the weak links of the court system would enable this chain of stability to snap. Five straight months of sheer excellence would come screeching to a halt for these two defenseless young souls.
Without a court order, the father had given the mother liberal visitation: three hours twice a week on weekdays and all day Saturday and Sunday every other weekend. No sleepovers for safety’s sake obviously. “No child should be kept away from their parent,” said Mr. Duval, “The P.A.C.T. Program (Parents and Children Together) and Parenting Without Conflict seminars that the court had us attend both state this clearly. Putting the children first?.. It’s a no-brainer.”
With her boyfriend and her attorney, Roy L. Kight (who the year before had told the father that he was out to take away every visitation right of Mr. Duval as the father and added “this is a poker game, pal”) the mother had orchestrated a move?. “I’m sure it was to relocate away from where the crime(s) had taken place,” cited the children’s father. It was this exact moment in the trial proceedings, according to the father, that the court’s failure to regard love, consistency, and stability paramount in children of tender years’ lives. Failure. Complete failure. After turning a blind eye to a convicted heroin addict babysitter hired by the mother and the boyfriend, the molestation charges from a three year old, five blatant counts of contempt of court that would be overlooked later in’08, two physical threats directed at the father by the mother’s attorney in court, the fact that the father had taken superior loving care of these children, the absurdity of these malfeasant, misguided officers of the court was not about to cease.
After giving the children to the father the year before in a signed, non court ordered agreement, as she should have with all the chaos she had so generously and consistently provided them, the mother decided she would now enter into what is arguably “as dangerous an area for any child any where”: indirect abuse- using the children to get at the other parent?. Acts that are borne out of nothing less than sheer spite??. even at the expense of the children’s well-being. She would now demand the children back under her care; the court (Commissioner David J. Cowan [judge pro tem]) would “enable” this motion, throwing them back into the trauma pit, turn the children’s world upside down, and in doing so also allow the balanced parenting time to be rendered imbalanced with the father’s time downsized to one three hour visit on Wednesday afternoon and one four hour visit on Sunday morning? Including vacations. Phone calls by the father will be only between 7 and 7:10pm. All this was conceived as well under the watch of a court-appointed minor’s counsel, Amy L. Nieman.
The mother wasn’t through. In April, she would, without the father’s consent, in violation of both the divorce and conciliation agreements, with only ten weeks to go in the school year, remove the children from their respective schools, disappear for two days, re-enroll one of them in a new school, and let the daughter finish out her school year in front of a television set (that as well completely without the father’s consent).
The mother wasn’t through. In early June ’08, she orchestrated with her attorney, a six month restraining order, enabled and installed by Judge David J.Cowan, Judge Pro Tem. No contact other than the scheduled parenting time, no contact with the school or the teachers, all phone calls may be recorded. Some of the “literature” on the restraining order says, “He might buy a gun.” In December 2008, Cowan “routinely” extended the restraining order for an additional one year after complete compliance with the first one and removed all visitation rights for the father. A gun isn’t needed here? an adept courtroom would be more appropriate. Is anyone putting these children first? I think the father has from day one. LET RIGHT BE DONE.
“I am ashamed as to what has transpired in my hometown courtroom and the story I will bring forth to share with my two children will serve notice to all other fathers (or mothers) that have been maligned by such a quagmire of due process.”
Even with a cognitive capability to represent myself in court, I feel there has been a preconceived stigma of guilt, partiality by proxy, and absolutely no help on behalf of the family court system to see that both sides were equally represented, as would(and should) be if a child’s best interest was actually paramount.
“My son, my daughter, I love you. It’s not your fault.”
Mr. Duval has filed an appeal, written by him, in regards to the “partiality” of a courtroom being presided over by a self-decidedly unrecuseable judge David J. Cowan pro tem. It rests in a higher court to be heard as of December 2008.
If you would like to contribute to my cause, you may send anything you can:
Damon A. Duval
2081 N. Oxnard Blvd. #114
Oxnard, CA 93036
JUNE THRU DECEMBER 2008: FRIVOLOUS RESTRAINING ORDER
DECEMBER 2008-2009-2010-2013: ILLEGAL OUTSIDE OF STATUTE RENEWALS OF RESTRAINING ORDER NO EVIDENCE
That’s a Lifetime Restraining Order, by the way, including Jazz and Maya as being “protected.”
Parental Alienation is Child Abuse. Period
2019- December 3rd – 11 YEARS NOW WITHOUT THEIR NATURAL FATHER
My Children remained in the full custody of a previously reported pedophile and a parental alienator. Stockholm Syndrome has set in big time. As of now my two children are in kidnapper’s jail.Father’s 2015 CA Supreme Court Filing Part One
PARENTAL ALIENATION IS CHILD ABUSE
B207343 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT, DIVISION 2
Tammy L. Williams, Court of Appeal # B 207343 Plaintiff/Respondent v. Superior Court Case # SD 023 958 Damon A. Duval, Defendant/Appellant
An Appeal From an Order After Judgment Of The Superior Court Of California, County Of Los Angeles Hon. David J. Cowan
STATEMENT OF THE CASE
As a father and citizen of this great country, when I take an oath in court, I not only uphold a standard for legitimacy, I am setting an example for my two children. As a father, when I repeat this oath in my opening brief, my statements and facts that are therein presented, I am, under God, setting the same example for my two children. These verified accusations brought to the attention of the higher court are my only recourse to rectify the severe harm bestowed upon my two children over an excruciatingly extended period of time. My children, completely defenseless against adults who don’t have their safety and best interest in mind, are, even after 2 1/2 years of digesting their broken home, still children of tender years.
If children of tender years are to be brought up with character and dignity, such impedance as irrelevant babbling, gross misstatements, false premise, glaring omissions, deliberate misdirection of argument, and assumptions of conclusions have no place anywhere near them, let alone invented on their behalf, and are not acceptable nor permitted in any document, statement, or verified accusation I have heretofore brought before any court. My opening brief contains none of this written vituperation. What I have presented is as far from libel as I am under this court restraining order from my two children: nowhere near them…… all day everyday. Children need to be shown by example. These fertile grounds of character and dignity are protected by the instruments of continuity and stability and thus require them. This is where the lower court has made its mistake, through deceit, clouded judgment, by constant disruption, and by keeping a more than capable, loving, caring father away from his children.
My opening brief is directed at Commissioner David J. Cowan and his denial to recuse himself and change minor’s counsel Amy L. Nieman as their bias and prejudicial error have irreparably harmed not only the honor and integrity of a United States courtroom but the ontological security of two children of tender years.
I did not know why Judge Tillmon was replaced nor did I question it at the time. I don?t take issue with this. As a father, concerned primarily with what was occurring to my two young children at the mother’s residence, I put my complete trust in the court system to do the right thing. Being quiet in the court process was natural for me. I had no knowledge of any options that were available to me at the time nor did I have the luxury of legal counsel. In the midst of a hearing, any hearing, driving downtown to Levitt & Quinn for a sixty-dollar legal consultation and return to the Santa Monica Courthouse with a decision was not one of these options.
In the true spirit of section170.6, I made a request for judicial change as soon as I found out I could. It was in good faith, timely, and with good reason.
My disagreement with Commissioner David J. Cowan lies not in what I want personally for myself, but in what is paramount for any child of tender years: continuity, stability, safety, and well-being. These parameters have always been in the forefront of my life’s decisions since before Jazz and Maya came to be. My desires have always come second. It is more than apparent that the officers of the court in case SD 023 958 have allowed a “legal game” to come before the best interest of two defenseless children.
Upon taking on the task of researching, compiling, writing, typing, editing, and printing an appellant’s opening brief, all performed on limited public library time over six months, I didn’t even know if I would be able to complete the document in time for its due date with the higher court. Only in late November 2008 did I have this achievement satisfied. I also became aware through my research at the time of the existence of Code of Civil Procedure section 916. It seems that under this code, proceedings should have been stayed upon the higher court’s acceptance and perfection of appeal B207343. I invoked C.C.P sect. 916 for the first time on Dec. 4Th, 2008, for Commissioner David J. Cowan to implement as none of the exceptions in C.C.P. sect. 916 were even in the neighborhood of allowing the day’s proceedings to take place. Commissioner David J. Cowan went ahead with proceedings that day. He felt that appeal B207343 should have been a writ and not an appeal. He was offered a copy of B207343 that was ready for filing. He refused to even look at the copy of the appeal that I had brought for him in case of such a crossroad. Should not the good faith efforts and/or crucial evidence of a party be visible before a court of law? Should not the Code of Civil Procedure be adhered to? Should not the Rules of Professional Conduct be adhered to? Should not the Canons of Judicial Ethics be adhered to? The safety and well being of my two children, or ANY child for that matter, is at stake.
The malfeasant suggestions made by Amy L. Nieman and the subsequent decisions of the same nature made by Commissioner David J. Cowan have caused irreparable harm to my two children of tender years. Their disrupting of continuity and stability is the very act that brought forth this harm. Prejudicial error followed by an already unfit mother’s neglect and endangerment of the same children. If I had done what this mother had done, I would be in jail, incarcerated for parental neglect and contempt. If my children are harmed, I am harmed. As any sane parent would, I object to these decisions that have done just this: disrupted that continuity and stability and induced an emotional harm that children of tender years should and deserve to be protected from. There is no higher court to appeal a person from filing for divorce, but there does for a poor decision made by a lower court. Only God may assist the former, and I pray that God assists the latter
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