Saving Damon Update:
After the June 21, 2012 hearing:
Damon's hearing last week demonstrates how judges can get around any law that is made to protect children. A new California law (FC 3042) states that children over 14 are allowed to get their voices directly to the court. Protective Parent advocates fought long and hard for that law, so that at least by 14 years old, children can fight to protect themselves. Damon was the first child to test the new law and was able to hire his own attorney, declare directly to the court under oath that he was raped and threatened for years by his father, and request to not be forced to live with him.
So how did Judge Christine Goldsmith get around this new law? She said that there had been 'no significant change of circumstance'! REALLY?? Judge Goldsmith orders a child to live with the man he testified routinely raped and threatened him, because running away and being in hiding from his rapist for over a year is not enough of a change of circumstance? REALLY?? Not enough of a change of circumstance from when her friend Judge Lorna Alksne forced Damon into the full custody of his rapist without a proper investigation or evidentiary hearing or letting him testify? Judge Goldsmith declaring 'no change of circumstance' is fraud perpetrated in a deliberate effort to continue the cover up of sexual abuse which began in Judge Michael Smyth's court in 2003. [See: Threats to Silence]
And you would think that Judge Goldsmith, as a victim of domestic violence herself by her husband, City Attorney Jan Goldsmith, would be more sympathetic. But this has nothing to do with protecting victims or the law, it is about protecting a predator, like Penn State officials protected Sandusky, because it is "more humane" to not ruin the reputation of an otherwise "nice guy". And each new judge must uphold past rulings by colleagues at children's expense as per the black wall of silence. San Diego whistleblower Judge Deann Salcido said her supervisors told her she must 'go along to get along' and 'dismiss women's and children's reports of abuse'. The only goal is to silence Damon, because he is making them look bad for not protecting him, and the best way to do that is to order him into the full custody of his rapist. They have even threatened to send Damon to a lock-down facility to torture him into recanting the abuse (which is another reason he cannot come out of hiding).
Despite the new law, Judge Goldsmith completely ignored Damon's testimony, would not permit an evidentiary hearing on the abuse, ignored other critical evidence, and ordered Damon into the full custody of his identified rapist. The other law she (and past judges in Damon's case) have violated is FC 3118, which defines the minimum requirements necessary in investigating sexual abuse. Protective Parents fought long and hard for that law too, but judges simply ignore it. Another law fought for is FC 3027.5 which states that parents cannot lose custody as a result of reporting child abuse. But judges STILL take custody away from loving moms when they try to protect their children. Damon's mom lost all custody for her efforts.
So most people would think this flagrant abuse of discretion by a judge would be correctible in the San Diego Appellate Court. They would be wrong. The Appellate Court has already looked at many issues in Damon's case and ignored the blatant violations of law and lack of facts to back up the findings and orders. Why? Because they can, under the broad discretionary standard which allows them to defer to the trial court judge's judgment. Which is why the San Diego Task Force on Violence Against Children is working on changing the Standard of Review to 'error of law' in family violence cases, a lower standard.
No, new laws are not going to stop judges from giving custody of children to child molesters because the political and financial incentives are on strongly in favor of the rapists. The only way to protect children is for the public to demand proper investigations and adjudications of all sexual abuse cases, and that there be transparency, oversight and accountability for judges and their appointees.
Family Court judges are so much worse than the Penn State and Catholic Church officials because they not only look the other way, they order children to be abused and raped for their entire childhood. It is Court-Ordered Abuse, or, as U.S. Congressman Jerry Nadler calls it: JUDICIAL RAPE.
Damon's hearing last week demonstrates how judges can get around any law that is made to protect children. A new California law (FC 3042) states that children over 14 are allowed to get their voices directly to the court. Protective Parent advocates fought long and hard for that law, so that at least by 14 years old, children can fight to protect themselves. Damon was the first child to test the new law and was able to hire his own attorney, declare directly to the court under oath that he was raped and threatened for years by his father, and request to not be forced to live with him.
So how did Judge Christine Goldsmith get around this new law? She said that there had been 'no significant change of circumstance'! REALLY?? Judge Goldsmith orders a child to live with the man he testified routinely raped and threatened him, because running away and being in hiding from his rapist for over a year is not enough of a change of circumstance? REALLY?? Not enough of a change of circumstance from when her friend Judge Lorna Alksne forced Damon into the full custody of his rapist without a proper investigation or evidentiary hearing or letting him testify? Judge Goldsmith declaring 'no change of circumstance' is fraud perpetrated in a deliberate effort to continue the cover up of sexual abuse which began in Judge Michael Smyth's court in 2003. [See: Threats to Silence]
And you would think that Judge Goldsmith, as a victim of domestic violence herself by her husband, City Attorney Jan Goldsmith, would be more sympathetic. But this has nothing to do with protecting victims or the law, it is about protecting a predator, like Penn State officials protected Sandusky, because it is "more humane" to not ruin the reputation of an otherwise "nice guy". And each new judge must uphold past rulings by colleagues at children's expense as per the black wall of silence. San Diego whistleblower Judge Deann Salcido said her supervisors told her she must 'go along to get along' and 'dismiss women's and children's reports of abuse'. The only goal is to silence Damon, because he is making them look bad for not protecting him, and the best way to do that is to order him into the full custody of his rapist. They have even threatened to send Damon to a lock-down facility to torture him into recanting the abuse (which is another reason he cannot come out of hiding).
Despite the new law, Judge Goldsmith completely ignored Damon's testimony, would not permit an evidentiary hearing on the abuse, ignored other critical evidence, and ordered Damon into the full custody of his identified rapist. The other law she (and past judges in Damon's case) have violated is FC 3118, which defines the minimum requirements necessary in investigating sexual abuse. Protective Parents fought long and hard for that law too, but judges simply ignore it. Another law fought for is FC 3027.5 which states that parents cannot lose custody as a result of reporting child abuse. But judges STILL take custody away from loving moms when they try to protect their children. Damon's mom lost all custody for her efforts.
So most people would think this flagrant abuse of discretion by a judge would be correctible in the San Diego Appellate Court. They would be wrong. The Appellate Court has already looked at many issues in Damon's case and ignored the blatant violations of law and lack of facts to back up the findings and orders. Why? Because they can, under the broad discretionary standard which allows them to defer to the trial court judge's judgment. Which is why the San Diego Task Force on Violence Against Children is working on changing the Standard of Review to 'error of law' in family violence cases, a lower standard.
No, new laws are not going to stop judges from giving custody of children to child molesters because the political and financial incentives are on strongly in favor of the rapists. The only way to protect children is for the public to demand proper investigations and adjudications of all sexual abuse cases, and that there be transparency, oversight and accountability for judges and their appointees.
Family Court judges are so much worse than the Penn State and Catholic Church officials because they not only look the other way, they order children to be abused and raped for their entire childhood. It is Court-Ordered Abuse, or, as U.S. Congressman Jerry Nadler calls it: JUDICIAL RAPE.
Past Updates
Hearing on June 21st at 9am
Come and support Damon's right to live where he wants.
_____________________________
3/15/12: Damon's father, Eric Moelter, said he would not sign a stipulation for joint custody, nor would he agree to Damon being emancipated in Alameda. However, Eric made it very clear that he would agree to Damon being emancipated in San Diego. So Damon has decided to go for the emancipation in San Diego. Damon's attorney has been waiting for over a week for Eric to send her the consent form.
Meanwhile, Damon has filed for his mom to have partial custody and for him to be able to live where he feels safe (with his mom) and visit his father when he wants.
Damon is making history, being one of the first kids (if not the first) to be able to hire their own attorney and file their own custody motions. Yeah, Damon!!
Since Judge Alksne was moved, there is a new judge, Judge Christine Goldsmith.
She would not waive mediation, so Damon is supposed to attend to negotiate
with his molester about how much time he should spend with him.
In what other context would a child have to negotiate with his molester?
Can you imagine the boy in the Penn State scandal having to mediate with Sandusky about how much time and which nights he would sleep over with him?
Of course not!! These things only happen in family court, which is completely out of touch with reality. Or should we say--it is controlled by abusers and molesters, who have manipulated the system to maintain control of their victims. And family court gladly obliges because there is so much financial and political profit when they do.
Damon cannot attend the mediation because if he comes out of hiding, they will arrest him
and force him back into the full custody and control of the man who sexually assaulted
and threatened to kill him (you can just imagined how pissed off at Damon he is now).
So his attorney is trying to set up mediation by Skype.
But that won't be for another two months.
Poor Damon, missing his friends and school because nobody listens or cares.
DING DONG, the witch is dead...The wicked witch is dead!!
Well, almost. At least she was transferred out of Family Court.
Judge Cruella Alksne is gone. YEAH!
That may signify hope that the new judge will actually listen to Damon
and allow him to live where he feels safe and loved.
Or not. Wanna bet?
Send your bets to: [email protected]
DAMON HAS NOW BEEN GONE FOR OVER SIX MONTHS.
Poor kid; missing out on his life.
Damon applied for emancipation in Alameda County,
but Judge Charles Smiley required Damon to be there in person
(instead of over the phone).
Of course Judge Smiley knew Damon could not be there in person or they would have arrested him and forced him back to his abuser's.
So Judge Smiley ruined Damon's chance to be safe and free from his abuser.
Another pro-father, anti-kid judge. What else is new?
So Damon's attorney sent a stipulation (out-of-court agreement)
to Eric asking him to agree to Damon being free to live and visit
where he wants so that he could get back to school.
In true abuser fashion, Eric refused.
Eric and Nicole care nothing about Damon or what would make him happy.
Par for the course for abusers only interested in control.
You can call Eric at: (858) 603-4664 to tell him what you think
and encourage him to allow Damon to be free.
Or email him at: [email protected]
Or write or visit him at:
Eric Moelter, 14489 Crestwood Dr., Poway, CA 92064
You can also write Nicole Peill Moelter
as she is also keeping Damon from his life.
________________________
DAMON RAN AWAY FROM HIS ABUSER SIX MONTHS AGO
but instead of finally listening to and protecting Damon,
JUDGE CRUELLA ALKSNE HAS ISSUED A
"PROTECTIVE" WARRANT
That would be a joke if not for the tragic consequences it could engender.
How is it "PROTECTIVE" for Damon to be arrested, handcuffed, and forced into the full custody and control of the man he says molested
and threatened to kill him?
At which time Damon will likely be sent to a "deprogramming" camp
where they will torture him to recant the abuse and submit to living with his abuser, S.O.P. for father molesters trying to silence their victims.
Deprogramming Camps
The only one being PROTECTED is the Perpetrator FATHER,
S.O.P. in Family Court.
The Cover Up
D.A. BONNIE DUMANIS ENABLED JUDGE ALKSNE
TO ISSUE THE WARRANT
with a fraudulent Request and Declaration.
Dumanis should be protecting Damon---
That is her job, not protecting predators.
In order to do this she is ignoring, dismissing and covering up evidence.
And, of course, Damon wouldn't even be in the court system
if ERIC MOLESTER and his enabler NICOLE PEILL MOELTER
would simply allow Damon to live where he wants.
But there are only three things important to abusers:
CONTROL, CONTROL, and CONTROL
and Eric and Nicole will stop at nothing less than
FULL custody and CONTROL of Damon.
Eric and Nicole got Damon's brother, Evan, to testify against his brother to support the issuing of the warrant. What kind of parents pit brothers against each other?
ABUSERS
Only sociopaths molest children and take them away from their mother.
SHAME ON ERIC AND NICOLE FOR RUINING DAMON'S CHILDHOOD
Instead of finally listening to Damon and allowing him to live where he feels safe and Loved,
Judge Alksne has issued a Warrant to Arrest Damon and force him back to his abuser.
Any judge who torments children like she has should be off the bench immediately.