McLLARKY V DOHERTY
CHILD CUSTODY CASE IN CONWAY NH
Time Line UPDATED 4/16/13
Time Line UPDATED 4/16/13
NH's Judge Pamela Albee is truly one scorned NH Judge, capable of making up a (non existing) child pornography issue on the internet, and falsely making it stick against the child's mother. She bases a whole case on Hearsay, Perjury, Fraud, and above all Obstruction of Justice for six years! Here is how it's just simply done by NH's Judicial Branch!
- On 11-26-07 Elwood McLlarky without his attorney, filed a motion stating, "I respectfully ask the court to make Jamie have no more unsupervised visits with Emily, and am now only to have supervised visitation set up through Chocorua Visitation Services. And grant myself complete physical and legal custody temporary, until these matters are resolved. Jamie has posted nude pics of Emily making inappropriate poses online on her MySpace website. She has sent them to her friends and family, and now these obscene pics of Emily are on the internet." This was the emergency that cancelled mediation that morning. Both Mr. McLlarky's and Ms. Doherty's Attorney's agreed it was not necessary for their presence at this mediation therefore were not there.
- Judge Albee now immediately calls this case into her courtroom to now address this issue. She refused to wait for Ms. Doherty's Attorney to be present. Elwood without his attorney present either, now testifies to the court that, 5 minutes prior to arriving for mediation, he received a phone call from his sister Debra. She told him about the nude pics on the internet. He testified that he himself could not get into Jamie's MySpace (Setting was on Private) to actually see the photos himself, nor did he have them for the court to view. Therefore, nor was there any evidence that Ms. Doherty "sent them to her friends and family."
- Ms. Doherty was fearfully shocked and became hysterical, pleading that these latest false accusations were simply without merit and not true. Judge Albee then becomes upset and angry at Ms. Doherty's reaction. Judge Albee now tells Ms. Doherty she is frightening the court staff, and stated that Ms. Doherty's behavior was like "the man who came into the courtroom with a gun, and shot the Judge." The Court Audio tapes will support this. Ms. Doherty was then court ordered to bring the photos to Judge Albee in 2 weeks so that she and Elwood can view them.
- Meanwhile Judge Albee's Court Order states, " Ms. Doherty shall cause the images of Emily to be removed from her MySpace page. the Respondent's parenting time is hereby suspended pending further hearing. Ms. Doherty may have supervised visitation one time this week and one time next week prior to the hearing. Supervision shall be through Vaughn Center Community Services. Ms. Doherty shall show the GAL and the party's Attorneys an opportunity to see the images."
- 3-13-08 Detective Richard received an allegation now from the National Center For Missing Exploited Children. He was uncertain of when they received the call from Elwood McLlarky advising them of obscene photographs.
- 3-17-08 Detective Richard contacted 3 people.
- 3-21-08 Detective Richard called both the Conway and Madison Police and found out that there were no reports made with either of them by Mr. McLlarky, pertaining to nude pics of his daughter all over the internet. However the Chief of Madison did fax him a contact sheet listing all other multiple involvements with Mr. McLlarky, nothing pertaining to this case.
- 3-24-08 Ms. Doherty's attorney at the time, brought the pictures into Derry Police and gave them to Detective Richard. He explained the pictures were on Jamie Doherty's MySpace account. Only family and friends were capable to access because it was set on private. It was never intended for the general public, and he did not feel that Jamie Doherty had any intentions of attempting to solicit "lewdness or lascivious" thoughts, and/or did the pictures ever depict sexual conduct in a manner so explicit as to be patently offensive, and recommended the case be closed. he also informed Detective Richard that the photos were removed from MySpace per the Judge's order. He also clarified that there was an ongoing custody battle.
- All pictures were investigated by both police and child advocacy groups, and were cleared of any and all wrong doing of any kind. The police could not find nude pictures of Emily on the internet, nor could they access Ms. Doherty's MySpace without her assistance, which she gave willingly. The records also state that Mr. McLlarky was warned of the consequences, for filing false reports to law enforcement and private agencies, for the sole purpose of his custody battle.
- Yet again on 4-7-08 Status Hearing: Judge Albee's orders states an unsupported non existing false issue, "In the courts perception, supervised visits serve 2 purposes, first it is for Jamie's benefit to enable her to have contact with her child while she addresses the poor judgment issues which gave rise to the initial orders. These concerns were not limited to her decisions to post pictures of her partially clothed child on an internet site, whether allegedly pornographic or not."
- However, the court records never documented once, their findings of facts or ruling of law as to what, "These concerns were" that were "not limited to Ms. Doherty's decisions to post pictures of her partially clothed child." Once again, there was clearly no "concerns" to speak of other than non existing child pornography. Judge Albee needed to clearly falsely imply another non existing issue to support her actions.
- On 6-15-08 The police were called to Mr. McLlarky's residence for Domestic Violence. The police report stated "Maggie has been rude to his daughter and Elwood cannot take it any longer." Elwood said he just let Maggie come back after they took a break for awhile. The GAL Tina Craig's only comment and response to this incident was, "That's in the past, we're moving forward."
- Yet once again on 7-17-08 Status Hearing: Judge Albee's order states an unsupported non existing false issue, "What started out as a disturbing allegation that Ms. Doherty Had published "pornographic" photographs of Emily has turned into significant effort on everyone's part to improve Ms. Doherty's parenting, her stability, and her exercise judgment relative to Emily. Acknowledging that the case has never been heard on the merit of the pornography issue, the court can say from having viewed the images, that they, at the very least, communicate a naivete on Ms. Doherty's part of the dangers of publishing photographs of a partially clad toddler on any computer web page in today's society."
- 12/2008 The First Hearing on Final Parenting Plan: When Elwood McLlarky was called to testify, the future fraudulent GAL in part 1, Tina Craig, became extremely agitated and upset and attempted to stop any testimony from Elwood McLlarky! When Elwood McLlarky was asked, do you ever hit Emily? He testified, "Yes, one hit the first time, if I have to speak twice, she gets 2 hits!" Tina Craig immediately jumps up and clarifies, "You mean a little tap!" Elwood then responds "Yes!" The courts audio will support this. The question now is, should a NH fraudulent committing GAL get to have immunity from the law, the same as a NH Board certified GAL?
- Elwood also testified in court that he lied to the courts on his Ex Parte against his wife. He also claimed the police lied in the reports about Domestic Violence. The courts audio tapes will support this.
- When Tina Craig testified, she said that she took Elwood's word for everything. When asked, who told her about the incident pertaining to the restraining order against Maggie, she stated," Elwood did!" Audio again will support this. However, Elwood claimed he never told her.
- YET AGAIN ON 2-19-09 FINAL ORDERS FOR PARENTING PLAN
- Judge Albee's fixation on the pictures continues a year and a half after they were cleared of any wrong doing by all licensed professionals. She now continues to state false unsupported implications in her court order. "While the pictures Jamie posted on her my space and published over the internet to friends and family, in and of themselves may not necessarily be pornographic, in todays world of internet crime, post images of a young child, partially unclothed or provocatively posed, in a domain in which those with criminal intent towards children lurk, demonstrates a troubling lack of judgment, of not a disturbing naivete about a child's safety and vulnerability. That others, particularly the child's father, would be outraged, should not be shocking to the other parent. Ms. Doherty needs to appreciate when law enforcement or child advocacy centers do forensic interviews of children alleged to have been inappropriately touched, they often ask the questions, did anyone touch you in those areas a bathing suit would cover. If a young female child grows up thinking she only wears a bathing suit bottom , she may come to believe that if someone fondles her breasts, that is OK. Likewise, if she is encouraged to show her buttocks, playful or otherwise, she may begin to think touching those areas is also permitted. "
- Judge Albee also falsely states that, "Bottom line Elwood acknowledges the need for Emily to have a relationship with her mother." Not true, because Judge Albee was the one who clearly stated in the Conference Order Dated 2-27-08 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." The second GAL also noted, " 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." Yet again, lets not forget that this was the same counseling that Judge Albee told Ms. Doherty in court on November 19, 2010 that, Mr. McLlarky substantiated a "good reason" for terminating his own court ordered counseling. But when Judge Albee was asked to state what that "good reason" was? Her answer was, and I quote, "I DON'T KNOW!" Court audio will clearly support this.
- Judge Albee once again falsely states unsupported issues without findings of facts or ruling of law that, "Jamie does not reciprocate by acknowledging the importance to Emily of having her father in her life. It is clear to the court that the parent who will assure the other parent is Elwood. He has maintained a relationship with Maggie, in spite of its ups and downs, which has benefited Emily? And provided her stability in her life?" I kid you not! This is said about Ms. Doherty who trustingly allowed Elwood McLlarky to take his daughter in the first place, for only a visitation, unknowingly for another judge out of her jurisdiction, to suddenly give him custody. Then Judge Albee also clarifies her views on Domestic Violence, constantly requiring police involvement, when she now refers to it as the "Ups and Downs", as she so eloquently puts it, actually stating this is what "benefited Emily and provided stability in her life!" Ashes to Ashes and dust to dust, is what NH Justices clearly will do to NH's children!
- Judge Albee then further goes on to state, "Absent a true emergency, the court will not address any request for modification of the residential responsibility and decision making orders set forth, until both parties engage in full scale psychological evaluations and parenting assessment?"
- Well NH, in July of 2012, a father spending 2 weeks in jail, for strangling his girlfriend until she could no longer breath, punching her with a closed fist, throwing a pill bottle and hitting her in the head, forcing her on her hands and knees to tell him who she was having an affair with, and last but never shall be the least, threaten "If you ever do that again, I will (blank) KILL YOU!" All with the child present in the next room, just really isn't a "true emergency" in NH's eyes! Because this is the type of "Ups And Downs" in the relationship that "Benefited Emily and provided stability in her life" in the first place. Now there's NH's family values on how to raise a child, clearly explained all right in a nut shell! Stupidity only is, as stupidity does and gets, coming directly straight from NH's Judicial branch! Who really needs the Psychological Evaluation and Parenting Assessment now?
- Meanwhile, as if that wasn't enough, Judge Albee now decides it's time to bring in the big smoking gun, during her declaration of war against Ms. Doherty. She now formed an alliance, with Judge Sadler from Derry District Courthouse, who now suddenly also strips Ms. Doherty of her parenting rights, to her other children, without findings of facts or ruling of laws. She also then takes Judge Albee's lead, and orders Ms. Doherty to now pay child support, while presently unemployed, simply based once again, only on perjury and hearsay. Once again, stupidity clearly only is as, stupidity does and gets.
- Like Judge Albee, her cohort in crime, Judge Sadler, quickly jumps on the Judge Albee Judicial Rogue Band Wagon, and once again follows her lead. Judge Sadler just simply gives custody of Ms. Doherty's son to a father and his girlfriend, who like Mr. McLlarky, last month, ended up in court for domestic Violence issues, and were each court ordered to pay a $500 fine and go to anger management classes. Like Judge Albee, Judge Sadler clearly just simply turned custody over to the father based on the one true evidence that she clarified in court, when she said "He said ..she said.. will someone get me some evidence!?!"
- Gee, "I don't know", do you think she might have her evidence now, as to who is telling the truth? Another question to ask is, does the president of the United States proudly support New Hampshire's practices and belief that Domestic Violence "Benefits (children) and provides stability in their life." And if so, is he practicing this belief with his own children?
- Judge Sadler then also gives custody to Ms. Doherty's other son to his grandmother. A woman who made visitations to her boyfriend in prison, who was there for molesting her own son. I'll say it once again, who really needs the Psychological Evaluation and Parenting Assessment now?
- Judge Sadler ordered child support, that clearly is only additional subsidized income, needed to pay for any court fines and penalties, that a grandmother, a father and his girlfriend might now incur, to remain out of jail. Clearly it's not going to any needs of the child. She can't have her court orders looking like a complete bad mistake, now can she. A subsidized income becomes a necessity to remain out of jail, when you've been awarded custody of your child, by the same judicial system who has also arrested and charged you with Domestic Violence.
- Let me clarify that Jamie Doherty has no record of arrests for domestic violence, dealing drugs or has ever had the Department of Child Youth and Family Services knock at her door! This is the type of great parenting, whom NH's Judges like Albee and Sadler, just simply takes custody away from without cause.
- Judge Albee now conveniently orders Ms. Doherty to now produce the records of the new custody court cases against her, or Ms. Doherty will no longer be permitted, to participate any further in these proceedings. Ms. Doherty refused, and justifiably so. Judge Albee now Defaults Ms. Doherty and denies her the right to further motion the courts on her parenting rights, or furthermore, for the safety of her child. Ashes to Ashes, dust to dust, is what NH Justices clearly will do to NH's children!
- Lets just clearly clarify that this truly is not Mr. McLlarky's fault, for NH's Judicial branch has supported his behavior for 6 years. He once again gets a "a little tap" on the wrist, as one NH fraud committing GAL would put it, then accepts a plea bargain with parole, and now pleads guilty to all charges. Then he is only court ordered to take anger management classes!
- To Judge Albee, you saw and ignored the first 2009 psychological evaluation on Mr. McLlarky and still purposely put a child in harms way! What does it take NH? The child's blood on your hands? This is how NH Family Court works!
- On January 16, 2013 Judge Albee now signed an order granting Elwood McLlarky's parenting plan which stated that Ms. Doherty is capable of working 30 hours per week and making $11.00 per hour. Judge Albee used this non existing income to now calculate, and order Ms. Doherty to pay $71 per week in child support, and $57 per month in medical while Emily is already covered medically by the state. However, it is unfortunate that Mr. McLlarky and the NH courts are not willing to share, this simple new found easy resolution to unemployment, with Ms. Doherty or others. Let's just clarify that a consistency of arrests, bail, court fines and penalties, would most definitely require one to need, an additional income. Unfortunately Judge Albee aims to please all of Mr. McLlarky's needs instead of Emily's.
NEED I SAY MORE?
APPARENTLY YES!
And if nothing more is said, then you will know the truth has been purposely silenced!
It should never be forgotten on the evening of June 15, 2011, how Thomas James Ball was driven by the NH Family Court System to political suicide. He calmly stood at the entrance of the Cheshire County Superior Courthouse, and doused himself with gasoline, then he set himself ablaze, after a decade of fighting the NH Family Court System. Witnesses described how he burned to his death in complete silence, refusing help from several men.
This is never the resolution, nor the answer. But acknowledging the truth behind why it happened is. NH's Judicial Branch needs to commit to change, to prevent any future unnecessary similar behavior, even death, clearly originated and inflicted, by the NH Justices in NH Family Courts!
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