Greetings,

I regret that I am not able to attend today's Family Law Commission meeting. The following is a brief summary of what I would like to share with you in relation to the meeting topic:

 Domestic Violence -

The analogy that I feel best conveys the Delaware Justice Systems manner of public policy in regard to domestic violence is that of a ruthless yet efficient method of commercial fishing called "Dragging" or "Trawling" in which metal doors'' of a fishing net scrape the bottom of the ocean floor, between them, a long metal chain scrapes across the sediment, sweeping everything in its path up into the gaping 200-foot-wide net. They catch a lot of fish that way but they also catch a significant amount of what is called "Bycatch" - that is - sea life that has absolutely no business getting caught in that net.

This is what the state of Delaware does in its prosecution of those who face any type of domestic violence charge be it civil or criminal - They employ the dragging method , they catch and attempt to prosecute the innocent with the guilty. In this case innocent human life is devastated and not the marine life on the sea floor.

According to one 2008 study of governmental policies: Under criminal law , about one million persons are arrested each year for domestic violence

But only 33 % result in a conviction (4. Revealing that in all probability many of the other 66% are "bycatch".

With an even lower threshold of evidence needed, its even more pervasive under civil law where there are 2-3 million intimate partner protection orders each year. One analysis of these restraining orders concluded 80% were unnecessary or false (2.

Judge Walls the March 2008 Family Law Commission meeting you stated in reference to false allegations of domestic abuse

"There are penalties against false swearing, they are not being enforced , I don't know why"

I know why why Judge Walls. One word: PROFIT

There alot of people who profit from keeping the status quo and have a vested interest in keeping it so.

According to figures Carol Post recently shared at a press conference, Delaware received 2.5 million dollars from VAWA related Federal funding specifically

earmarked for domestic violence issues. A whole lot of people profit from this domestic violence industry that has arisen - just ask:

 

Carol Post whose $65,000 yr. salary depends on it .

Delaware State Police Cpl. Adrienne Owen -whose domestic violence unit enjoys trips to CALIFORNIA for special training on domestic violence.

Thomas Mcgiffin - Delaware Community Legal Aid Society regarding the U.S. Department of Justice Office of the Inspector General Audit Division: Audit Report GR-70-10-005 July 2010.
The audit conducted was regarding the VAWA Legal Assistance For Victims Grant Program Administered By The Delaware Community Legal Aid Society, Inc.

 The Audit concluded that CLASI was in material non-compliance with grant requirements and were questioning where 93% or $829,340.00 of the Grant award went. This to include the salaries and fringe benefits for the attorneys' and paralegals. In short Thomas and the gang got spanked by the DOJ.

I could go on and on with my documentation. But time does not allow. Does it?

To the state legislators in attendance today : SB209  IS A POLITICAL ILLUSION.

It does nothing to address : providing false information to a Family Court Judicial Officer or the dirty little secret of police officers who provide false information with impunity.

Warmest regards,

 

Gordon Smith

Letter to Family Law Commission 

read at last meeting for 2012 (June 2012) 


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