NH's JUDGE PAMELA ALBEE, ANOTHER JUDGE GONE ROGUE PART 5

McLLARKY v DOHERTY

Child custody case on Conway NH

 



Well now NH, when your right, your right! Hell have no fury on a child like a scorned NH Judge! Once again, Judge Albee's knowledge and predictions of the future is correct, and this case has now moved past, yet another Domestic Violence arrest. 

To All NH politicians, try not to choke so hard the next time you tell the state your "tough on crime." You most certainly cannot prove it by 9 year old Emily, who by the grace of god, has endured and survived it for six years!

SPEAK UP! HOST KEVIN AVARD SPEAKS WITH JAMIE DOHERTY

McLLARKY v DOHERTY

Child Custody case in Conway NH

 

Hear Jamie Doherty tell her story to host Kevin Avard on Speak Up NH, of a mother tormented, by NH's very own Judge Pamela Albee!  http://youtu.be/CIOXB21sBMY


 

NH's JUDGE PAMELA ALBEE, ANOTHER JUDGE GONE ROGUE PART 4

McLLARKY v DOHERTY
Child Custody  in Conway NH

Since this custody case began in 2007, Mrs. Hamilton explained that Judge Albee has now ruled over Elwood and Margaret McLlarky's divorce, has heard their multiple hearings on Domestic Violence Petition's against one another.  She even granted Mr. McLlarky an Order of Protection against Margaret McLlarky, but then later on grants this same woman, his ex-wife, a drug dealer paroled from prison, guardianship of Mr. McLlarky and Ms Doherty's daughter, when Mr. McLlarky was arrested and in prison for performing strangulation by the throat on Ms McClarky until she could no longer breath.  Hit her with a closed fist.  Made her get down on her hands and knees to tell him who she was having an affair with.  And finally, last but never shall be the least, verbally stated, "If you ever do that again, I will (blank) KILL YOU!"  This was in July of 2012.  Yes, the child was indeed in the home at the time of these events.  No one representing the law, felt it necessary to contact the Guardian Ad Litem, or the child's mother, to inform them of Mr. McLlarky's latest arrest!

On March 28, 2013 a judge will hear Mr. McLlarky's most recent trial of indictments and will very possibly prove how accurate Judge Albee's crystal ball truly is, when she told Ms. Doherty in a courtroom, "Nothing will become of it!"  How many of you care to lay any odds that NH's Judge Albee's crystal ball and prediction is actually wrong?  You now have your evidence as to how NH Justice works!   If Judge Albee is wrong, will she now give custody of the assailant's child to his victim or the child's mother?  Your guess will be as good as mine!  I am willing to say neither, and believe that Judge Albee's crystal ball prediction's will prevail once again.  They apparently come true quite often.  On November 19, 2010 Judge Albee declared war in a courtroom, on Ms. Doherty.  She told her, "This has now become a war between you and I!"  Apparently she meant that literally.  I was there and heard this declaration myself.  What's one more young victim, a casualty of war, by the hands of NH's Judicial Branch.  It's just simply a war NH, as clearly stated by one NH Judge! 
 

NEED I SAY MORE?

APPARENTLY SO!

 



 

NH's JUDGE PAMELA ALBEE, ANOTHER JUDGE GONE ROGUE PART 3

PART 3

Elwood McLlarky v Jamie Doherty

What one true professional saw in 7 months, was completely apparent and ignore by NH's very own Judge Albee, for six years now.  In the following Motion For Expedited Hearing submitted on June 13, 2011 to the courts, by the second GAL to represent (the child), stated this:

"1. (GAL) was appointed as Guardian ad Litem for (the child) on November29, 2010.

2. Pursuant to the Order on November 19, 2010 Hearing, "the court expects the substitute GAL to address a plan for a period of reintroduction of (the child) to Ms. Doherty.

3. The GAL's "Reunification Plan" included in the Summary Report of the Guardian ad Litem was adopted in full, and incorporated as a further order of the court on May 27, 2011.

4. The GAL has observed that (the child) response to this reunification plan has been extremely positive.

5. Jamie Doherty has been fully compliant with all phases of the reunification plan to date.

6. The GAL has maintained a professional contact with (the child's) therapist, Mary Crossdale by telephone and written communication. The GAL attended and observed the first family session with (the child) and her mother on June 7, 2011.

7. The GAL had a lengthy phone conversation with Mary Crossdale on June 10, 2011. Mary Crossdale stated that she was very pleased with the family session, and that both (the child) and Jamie were "beaming." The GAL asked Ms. Crossdale if she had seen any "red flags" with regard to Jamie Doherty during the session. Ms. Crossdale replied that she had not seen any red flags about Ms. Doherty during the session.

8. The GAL received a very disturbing email from Elwood McLlarky's email account that was signed "Elwood B. McLlarky" and dated June 9, 2011. (see Exhibit A)

9. This email contains numerous false statements.

10. This email contains personal and professional attacks against the GAL that are completely without merit.

11. The GAL has advised Elwood and Maggie McLlarky repeatedly to attend therapy to help them adjust emotionally to the Court Ordered reunification plan.

12. The GAL confirmed with staff at Northern Human Services that Elwood McLlarky last attended a therapy session on September 20, 2010 with Vicki Harlow. Northern Human Services staff reported that Elwood McLlarky was discharged from services on February 3, 2010. According to their records, Elwood McLlarky has not attended therapy since he was discharged on February 3, 2011.

14. The GAL is of the opinion that the content of the recent email to the GAL strongly suggests that Elwood McLlarky is struggling with the Court Ordered reunification plan, and is inappropriately taking his frustrations out on the GAL, rather than processing his feelings in therapy.

 

15. The GAL has concerns that, if Elwood McLlarky does not process his feelings about the Court Ordered reunification plan in therapy, Mr. McLlarky may be at risk of displaying negative behaviors in the home while (the child) is present.

WHEREFORE, the Guardian ad litem respectfully moves the Honorable Court to:

A. Grant the GAL'S Motion for Expedited Hearing.

B. Schedule a one hour expedited Hearing in this matter as soon as the docket permits to address the GAL's concerns regarding Elwood McLlarky's lack of attendance at therapy since 2010, in light of the email to the GAL dated June 9, 2011."

Judge Albee held a hearing on this motion, and made no ruling on all that was said, by the second GAL of her choice.  This became Judge Albee's pattern in this case.  Many Motions ignored with no rulings on pleadings for a child's life and safety.  Judge Albee has dismissed any and all evidence that disputes her decisions, or proved her wrong doings in this case.  Including every non professional, and every licensed professional.  Judge Albee's final ruling in this case will end like all NH Family Court rulings, ashes to ashes, dust to to dust, is all the respect NH's Justices will ever give to a child's life.

 

CASE HISTORY

PURSUANT TO PRELIMINARY REPORT OF THE 2ND GUARDIAN AD LITEM

 

"Pursuant to the order on Ex Parte Motion dated September 24, 2007 Elwood McLlarky was granted temporary sole decision-making and residential responsibilities for (the child).  The court further ordered that Mr. McLlarky could allow Jamie Doherty to have parenting time with (the child) as [he agreed], as long as her parenting time did not interfere with (the child's) day school program."

"On October 16, 2007 Tina Craig was appointed as Guardian Ad Litem for (the child)."

"On November, 2007 Elwood McLlarky submitted an Ex Parte Motion in which he [alleged]  that Jamie Doherty had posted nude pics of (the child) making inappropriate poses online on her My space web site."  He did not have this alleged evidence that he only spoke of, to submit to the courts.  Once again NH courts only rules on hearsay and no evidence!

"Pursuant to the Order on Ex Parte Motion dated November 26, 2007 ...Jamie Doherty was (Now) ordered to (possibly self incriminate herself) provide GAL (Tina Craig) and both parties attorneys the opportunity to see the images posted on her web site, and ultimately, removed the images from her MySpace page.  Jamie Doherty's parenting time was to be supervised, with two visits to be held between  November 26, 2007 and the date of the hearing on the ex parte scheduled December 6, 2007"  Remember Part 1?  All pictures were cleared of any wrong doing by both law enforcement and child advocacy groups, and Mr. McLlarky was even warned about the consequences for filing false statements, to any private or government agencies, for the sole purpose of his custody battle.

"Hearing on the ex parte motion was held on December 6, 2007."

"Pursuant to the Ex Parte Order  dated December 10,2007 Jamie Doherty's parenting time would continued to be supervised, (Now) pending her completion of the Child Impact Seminar and  enrollment in parenting classes...Ms. Doherty was also granted parenting time with (the child) on Christmas Day from 10:00am to 6:00pm., provided the maternal grandmother was present to supervise the visit...Jamie Doherty also was ordered to enroll in counseling. Finally, Tina Craig was granted the authority to terminate the order for supervised visits once Ms. Doherty completed the Child Impact Seminar and enrolled in a parenting class, as long as she determined that (the child) was not  at risk of being exposed to discussion of the issues between her parents."  The court implies on record another false statement, that Ms. Doherty was talking about the father with the child.  The court never documented any evidence that this issue even existed. 

NH's Judge Albee chose to risk and expose an innocent child to the evidence in part 2 before ever willing to admit she actually was wrong.  What is most apparent, is her evident decision to ignore all signs,  and to continue to subject a innocent child to irreparable harm.  Even more interesting is the following comment noted by the court themselves, noted by the 2nd GAL, proving that NH Courts, will apparently even ignore their own findings!

"According to the Status Conference Order dated January 29, 2008...The Court noted its concern that "Mr. McLlarky's hyper vigilance regarding Ms Doherty's actions may be interfering with his ability to foster a quality relationship between (the child)  and her mother.  As a result, Elwood McLlarky was ordered to "engage in counseling which will assist him in being able to co-parent with Ms. Doherty and to value her role in (the child's) life."   The very same counseling that Judge Albee later told Ms Doherty, that Mr. McLlarky substantiated a "good reason" for now deciding when to stop therapy on his own. But when asked to refresh Ms. Doherty's memory as to what that "good reason" was?  Judge Albee's only response is, and I quote, "I DON'T KNOW!!!"  This is what Article 73a has done for NH!  Are these truly the hands you would want deciding your own child's life?

"According to the Further Status Conference Order dated February 27, 2008 Jamie Doherty's Attorney reported that his client had "completed the Child Impact Seminar", attended "First Appearance via video", enrolled in counseling which will likely have a medical component", "enrolled in  a parenting education class", and was meeting with Christine Dias for therapeutic parenting supervision."   No matter how many tasks that Ms. Doherty completes, that is requested by this court, it will never be good enough!  "So shall suffer the little children" is a saying, not a law NH!

ASHES TO ASHES, DUST TO DUST IS WHAT NH IS WILLING TO DO TO OUR CHILDREN!!!

NEED I SAY MORE?

APPARENTLY YES! 

NH's JUDGE PAMELA ALBEE, ANOTHER JUDGE GONE ROGUE Part 2

PART 2
Elwood McLlarky v Jamie Doherty

Judge Albee once stated that this case was the longest ever to come through the Conway NH Courts, but clearly through no ones fault but her own. Lets fast forward. Numerous counts of errors on the courts behalf were clearly being substantiated. Tina Craig was now dismissed due to her non certification status. At the end of 2010 a new Guardian Ad Litem was appointed, a genuine "NH Board Certified GAL", once again, only of Judge Albee's choice. However, before the new GAL, Ms. Doherty was separated and never permitted to see or speak with her daughter for one year. This is NH family Court!

The following are statements that the second GAL wrote in her Summary Report submitted May 26, 2011 to Judge Albee. What one true professional saw in a few months, supports what one NH Judge could not see in 5 years. How a NH Judge rules by the See No Evil, Hear No Evil, Speak no Evil rule called "Article 73-a," and not by legislative state or federal laws, let alone, the Constitution of the United States of America!

 

STATEMENTS IN "SUMMARY OF GUARDIAN AD LITEM REPORT" FOR

McCLlARKY V DOHERTY

 

*"Ms. Doherty sent a variety of gifts for (the child) in her package. She included a ballerina bear, writing that when (the child) was little she took ballet lessons, and always wanted to be a ballerina. Ms. Doherty also wrote, "and of course you were the most beautiful one of all." Ms. Doherty sent a fairy wand with a mesh flower on the end, and a large mesh butterfly. Also included was a decorated wooden sign that said "twinkle twinkle little star, do you know how loved you are?" Ms. Doherty wrote in her second letter, "do you remember when we would sing, "twinkle twinkle little (sic) star together?" Emily enjoyed the ballerina bear, and playing with the fairy wand. She indicated that she wanted the butterfly to go in her bedroom. (the child) asked her father what she could do with the wooden sign. He responded that she could hang it on the wall in her bedroom."

"(the child) also enjoyed seeing all the family photographs. Ms. Doherty had labeled each photo on back to identify each person in the picture. (The child) recognized almost everyone in the photo's, and talked about them quit a bit. She especially enjoyed seeing photos of her mother, half brothers, and her maternal grandmother, Colleen Hamilton. Mr. McLlarky was very supportive during the photo sharing time with (the child)."

 

*"The GAL has been extremely pleased with the progress made in this case to date. Jamie Doherty has been in full compliant with virtually every request this GAL has made of her."

*"Elwood reported to the GAL that since Jamie has been back in (the child's) life, (the child) has been doing exceptionally well. The child's therapist reported the same observation."

*"(The child) has been attending regular counseling sessions at Northern Human Services with her therapist Mary Crossdale."

*"The GAL spoke to (the child's) therapist on May 11, 2011. She confirmed that the child has been very excited about recent contact with her mother. She has reported that (the child) has talked very favorably to her about receiving cards, letters, and gifts from her mother to date"

*"According to the therapist, (the child) has expressed a keen desire to start to have face to face visits with her mother. She stated that the child has told her that her ultimate desire is to spend time with her mother that is unsupervised."

*"...In addition Maggie and Elwood have experienced some domestic issues during their relationship that led to police involvement in the past."

During this custody battle Mr. McLlarky lived with Ms. McLlarky who went from roommate, to girlfriend, to wife, became mother of his child, to divorced, back to now live in girlfriend/mother of his child.

Some Reports of domestic violence History and others

On 6/15/08 The police were called to Mr. McLlarky's residence for domestic violence. The police report states, Maggie has been rude to his daughter and he cannot stand it any longer. Mr. McLlarky said he just let Maggie come back after they took a break for a while. Tina Craig, the uncertified GAL at the time said, "That's in the past we're moving forward." Really? Well let's just see about that!

On 7/29/08, Mr. McLlarky called police and said his wife hit him and then had to have her removed.

On 7/30/08, Mr. McLlarky also filed a Domestic Violence petition against Maggie McLlarky. He then contacted her probation officer stating that Ms. McLlarky has demonstrated substance abuse and physical violence in the same home where his daughter lives. He also filed a Temporary Order Of Protection, for which low and behold, was granted by the Honorable Judge Albee herself!

On 12/22/04, the Sun Journal published, "CONCORD, NH (AP) -A 31 year old Manchester woman has been sentenced in federal court on drug charges. She pleaded guilty in September to possessing methamphetamine with the intent to distribute it and to using the mail to commit a controlled substance offense...Federal prosecutors charged her, her sister and a third person with intending to distribute more than 47 grams of the drug in April. They said the entire scheme involved between 200 and 300 grams. Her sister Margaret Barcus (now McLlarky) of Pittsfield, was sentenced Monday to 33 months in prison and three years probation after her release."

Ms. McLlarky has also filed Domestic Violence petitions against Mr. McLlarky stating he demonstrated physical violence.

*"...The GAL has observed that Elwood McLlarky appears to be struggling with the idea that Jamie Doherty eventually will achieve unsupervised parenting time. On May 7, 2011, Elwood McLlarky told the GAL that, Maggie also was struggling with the same issues."

*"Phase IV: Jamie will exercises at least 3 parenting time sessions in the Conway NH area with (the child), Supervised by GAL. Phase IV shall begin May 26, 2011 after consulting with the parents. The visits will accommodate the GAL's availability as well as (the Child's) school schedule. (The child) will not attend the After School Program on days she has visits with her mother. Ms. Doherty's mother, Colleen Hamilton, shall be designated driver for all parenting time in Conway. The GAL will determine when Phase IV will end and Phase V will begin."

There has always been proof of people making positive changes to their lives but then there are those who don't. So now lets fast forward to 2012. Mr. Elwood McLlarky was now arrested and indicted for:

1. Class B Felony - For strangling Maggie McLlarky until she could not breath.
2. Class A Misdemeanor - For throwing a prescription pill bottle at Maggie McLlarky's head and leaving a mark.
3. Class A Misdemeanor - For punching her with a closed fist.
4. Class A Misdemeanor - For Making Ms. McLlarky get down on her hands and knees and tell him who she was having an affair with.
5. Class A Misdemeanor - For verbally threatening Ms. McLlarky stating, "If you ever do this again I will (blank) kill you!"

 Mr. McLlarky plead not guilty on all counts and is awaiting trial.

Maggie McLlarky then files an emergency Ex Parte for temporary guardianship of Mr. McLlarky and Ms. Doherty's daughter stating, "Jamie's where-abouts unknown", and there was no reachable legal guardian for the child in case of an emergency. The court immediately grants her motion, when they themselves have Ms. Doherty's address and contact phone number on record for the ongoing custody case.

Meanwhile Ms. Doherty said she had been trying for weeks to get a hold of Mr. McLlarky with no answer. Ms. Doherty became concerned and decided to call the Conway Courthouse, to see if Mr. McLlarky filed any new motions concerning their daughter. That's when she was told that Mr. McLlarky was in jail and that Maggie McLlarky now has guardianship over her daughter.

During the follow up Guardianship Hearing, Maggie McLlarky told Judge Albee, that Jay Smith from DCYF, had no problems with her being guardian to Ms. Doherty's daughter. However, Ms. Doherty disagreed. Judge Albee then asked, "Where is DCYF?" She then told the court clerk to get DCYF on the phone. When the court clerk told Judge Albee that DCYF is on their way, Judge Albee's immediate reaction was, "Never mind, we don't need her!" Judge Albee Then also stated that "a guardianship was no longer necessary now that Mr. McClarky was no longer incarcerated!" Yep, straight from the horses mouth!  The child still remains in Mr. McLlarky's custody?  When Ms. Doherty later called DCYF to speak with Jay Smith, she was now told that Jay Smith no longer works there and that this case was now closed!   

When Ms. Doherty explained the recent indictments against Mr. McLlarky, to Judge Albee, at the Guardianship Hearing, Judge Albee's only response to it was, "this is out of his character!" Ms. Doherty said, she told Judge Albee that she feared for her daughters safety after this incident, because she knew Mr. McLlarky had kept guns in his home. When Judge Albee asked Mr. McLlarky if he has guns, he responded "No." He then told her that he gave one to his brother and the other to a friend. Judge Albee then simply turned to Ms. Doherty and asks her, "does that answer satisfy you?"

Seriously? Do you really have to ask why gun control has to be better enforced? Next, we will be hearing that NH just hands them out as party favors!

Judge Albee now decides to suddenly once again, dismiss the second GAL of her choice , with no explanation as to why, only stating that the GAL is no longer needed in this case.  She then orders another mediation to be scheduled with now once again, a new mediator, to now work out a new parenting plan that could be put into place yet again?

Remember, the second GAL of judge Albee's choice was already a NH Board Certified GAL, who already is a mediator, who already submitted a parenting plan, already approved by the court. She also already begun a re-unifiction between mother and child that was in progress, that clearly had the approval from the child's therapist! Ms. Doherty also stated that the GAL, was never contacted or told about Mr. McLlarky's arrest, which supports the fact, that Maggie McLlarky did not make any responsible attempts to contact the necessary people regarding the incident. Clearly all phone records will support who did what, and when, if they have nothing to hide!

Mrs. Doherty also said, that the GAL knew the importance to see this case through for the sake of her daughter, and that the GAL even told Judge Albee, she will continue to work on this case Pro Bono when the GAL Funds ran out. The GAL now informed Ms. Doherty that she will no longer be capable to work on this case since Judge Albee has now dismissed and removed her without merit.

Mrs. Hamilton explained that when Ms. Doherty demanded Judge Albee to permit her to see her daughter, to see if she was alright,  Judge Albee's response was, "Maggie now is guardian, you have to ask her permission." Ms. Doherty immediately turned to face Ms. McLlarky, then asked her permission to see her daughter. Ms. McLlarky just calmly tells Ms. Doherty, "not today, because she already has plans to be with her brother."

Ms. Doherty has not seen her daughter since December 2012, nor has she been allowed to speak to her daughter for the past month. Clearly Judge Albee has no problems in participating and supporting in child abuse and abandonment. Yes people, you are no longer in NH anymore, nor have you been fortunate enough to even land in OZ, but have now clearly landed in NH's very own Twilight Zone, called the NH Judicial Branch, enforcing the almighty Articlce 73-a, anything but the law!

NEED I SAY MORE?

YOU DON'T REALLY THINK THAT WAS ALL OF IT NOW, DO YOU?