PART 2
Elwood McLlarky v Jamie Doherty
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."
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?"
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!
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 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.
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.
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?
