CAST OF CHARACTERS
Joseph Peniston
Sprivey, Jr., a convicted violent felon and habitual
offender
Cathy Porter,
victim of domestic violence and mother of a 6-year-old little girl, who she can
only see supervised once a week for a half hour
[Update: Mom now has shared custody, regular
visitation every other weekend with a convicted batterer.]
Peggy Poe, Supervisor, DFACS case worker
Carol Orleck,
Guardian Ad Litem
Superior Court Judge John Simpson, who
signed the stupid custody order
[Note: This case is a
classic example of how broken the family courts have become, and that is why
this case is on the Internet.
When a convicted violent felon can prevail in a custody case,
there is definitely something terribly wrong with the system.]
Heavy Hand of
Justice, Custody Switch, By Jill Kramer
http://www.canow.org/issues/famlaw_custody.html
American
Judges Association on NOT giving custody to an abuser:
http://aja.ncsc.dni.us/domviol/booklet.html
Threats
to Harm or Take Away Children: One of the
most common reasons given for resuming an abusive relationship is the fear that
the abuser will act on the threats of taking the children from the victim. Studies
show that batterers have been able to convince authorities that the victim is
unfit or undeserving of sole custody in approximately 70% of challenged cases.
American Prosecutors Research Institute, National District Attorneys Association
Research against
Parental Alienation Syndrome, and how it’s used against mothers.
“PAS Presumes a Disadvantage to Women in Child Custody
Determinations”
IN THE
STATE OF
JOE SPIVEY, JR.,
:
:
Plaintiff,
:
:
vs.
: CIVIL ACTION FILE
:
CATHY PORTER,
: NO. 2001-V-947
:
Defendant, :
FINAL ORDER
The above-styled matter having come on for hearing, and, after due consideration of the evidence and argument of counsel, it is hereby
ORDERED that the Court finds that there has been a change of condition as alleged by the Plaintiff, and the Order of this Court entered in Civil Action
99-V-345 is hereby modified as follows: [No findings of
fact, no change of condition, and contrary to Georgia
Civil Code 19-9-3,
according to witnesses, no
hearing of evidence of domestic violence. Judge didn’t want to hear it. Dad is a violent convicted felon. Judge Simpson what were you thinking?]
The Parties shall retain joint legal custody of their minor child, _______________ SPIVEY; but henceforth the Plaintiff shall be the primary physical custodian
for said child.
The custodial rights of the Plaintiff shall be exercised in accordance with the recommendations of the guardian ad litem, as contained in her report filed
with this Court. Accordingly, the Plaintiff is ordered to comply with the following conditions:
(1) Plaintiff shall have an alcohol assessment within sixty (60) days from the date of this Order and shall follow the recommendations of the assessor.
(2) The Plaintiff shall use no alcohol in the presence of the minor child.
(3) The Plaintiff will undergo random drug and alcohol screens as requested by the Coweta County Department of Family and Children Services.
[He’s a habitual DUI offender.]
(4) The Plaintiff shall not discuss adult matters with the minor child and shall make no disparaging remarks about the Defendant in the presence
of the minor child.
The Coweta County Department of Family and Children Services shall continue to monitor the child’s placement with the Plaintiff for such periods
of time as they deem to be
reasonable, to insure compliance with the foregoing conditions. [And that
includes preventing the child from disclosing abuse
during her paltry half hour once a week visits with mom.]
The Plaintiff is further directed to obtain counseling for said child to monitor the issue of whether or not the child is being placed in the middle of any
conflicts between the parties hereto. Such counseling shall commence within sixty (60) days from the date of this Order, and shall occur as recommended
by the Coweta County Department of Family and Children Services over the next six (6) months.
The Defendant my have visitation with said minor child under the supervision of the Coweta County Department of Family and Children Services, and
under such terms and conditions as are recommended by the Department. The Defendant may have unsupervised visitation at such time as she has complied
with the following conditions:
(1) She shall obtain a comprehensive examination conducted by a licensed psychiatrist or psychologist which shall include testing, and unsupervised visitation
may occur at such time as the psychiatrist or psychologist reports to the Coweta County Department of Family and Children Services that the Defendant is not
likely to inflict emotional abuse
upon the child. [Another
major error, Judge Simpson what were you thinking? You cannot delegate judicial authority to
DFACS.
See Wrightson
v. Wrightson [3] We
agree. "Visitation privileges are of course, part of custody" [Cit.] Prater
v. Wheeler, 253
(2) So long as there are no incidents between the parties hereto with or without the child being present that are initiated by the Defendant.
[He stalks, batters, uses weapons to intimidate women,
yet mom is held responsible?]
(3) The Defendant does not discuss adult matters
with the child. [While
they – Carol Orleck’s GAL report coming soon] don’t
specifically mention PAS, PAS is lurking behind this – Parental Alienation Syndrome --
Yes, the child disclosed -- that’s why mom lost custody. She believed her and took her to the hospital
– Major mistake, mom – this is the quickest, slam-dunk way to lose custody of
one’s child.]
Update: Dr.
Richard A. Gardner who wrote Parental Alienation Syndrome recently committed
suicide. He took various prescription
medications and then stabbed himself to death.
For more on
http://cincinnatipas.com/richardgardner-pas.html
[suicide site]
http://www.leadershipcouncil.org/Research/PAS/PAS2/pas2.html
[Dallam, S .J. (1998). Dr. Richard Gardner: A review
of his theories and opinions on atypical sexuality, pedophilia, and treatment
issues. Treating Abuse Today, 8(1), 15-23.]
http://www.gate.net/~liz/liz/lizonpas.htm [Why PAS is NOT a syndrome!!!]
http://worldnetdaily.com/news/article.asp?ARTICLE_ID=16109
[
Also, Ralph C. Underwager,
http://trishwilson.typepad.com/blog/2003/11/a_pedophile_sup.html
http://www.nostatusquo.com/ACLU/NudistHallofShame/Underwager2.html
[Underwager’s Paidika interview]
(4) The Defendant shall make no disparaging
comments about the Plaintiff. [More PAS, mom is held accountable. Dad is not. PAS is only used against women.]
Defendant is
further directed to continue with counseling to work on issues identified by
her comprehensive assessment. [Mom is ordered into counseling
which she cannot afford, yet dad who has an extensive criminal
history of violent crimes, only is ordered into alcohol and drug screening?]
The Defendant is directed to refrain from any contacts with the child at school or in settings not specifically authorized by the Coweta County Department
of Family and Children Services. Defendant may have reasonable telephone contact with the child on Monday, Wednesday, Friday and Sunday of each week
between the hours of
Defendant shall confine her telephone conversations to not
exceed ten (10) minutes in length unless otherwise agreed between the
parties. [Contrary
to federal
Law – mom has every right to
visit the child at school.]
____________________________________
JUDGE, SUPERIOR COURT
COWETA COUNTY, GEORGIA
Order prepared by:
___________________________________
Attorney for the Plaintiff
Approved as to form:
____________________________________
RUFUS SMITH, JR.
Attorney for the Defendant
Joseph Peniston Spivey, Jr., in and out of prison much of the last decade, wins custody, by allegedly setting Cathy Porter up for criminal prosecution. Solicitor Robert Stokely, who claims to be good buds with Joseph Peniston Spivey, Sr. is prosecuting Porter, not Spivey, Jr., with his long arm of the law for allegedly stealing a piece of mail from Jr.’s, girlfriend’s, mother’s mail box. Even though Stokely kvetches that his office is understaffed and needs more money, more attorneys, more victim witness money, without jurisdiction, he plans on litigating this case in jury trial. She has signed affidavits attesting to the fact that she was at work at the time of the alleged incident. Betcha the Coweta County taxpayers would be in an uproar over this.
"It's a waste of taxpayers' money. We can't have a solicitor arbitrarily selecting the cases," said Commissioner Lawrence Nelms. http://www.thecitizennews.com/main/archive-000901/news/cow-03.html
According to sources, Stokely fired his victim witness assistant, told her she couldn’t talk to victims, and ordered her to leave the courtroom when she tried to help Porter. He told me he didn’t believe in battered women’s hooey, that he was a battered man, and he knows how allegations battering are used against men in a divorce. Yet, he wants more money for his victim witness program?
“Stokely contends that the district attorney's office isn't supposed to get any of that money unless the county has no established and certified victims witness/assistance program and he says the only one here that meets that criteria is his.” http://www.times-herald.com/archives/news/2002/0506.html
“It seems that every couple of months, I receive my Times-Herald only to find our solicitor embroiled in some petty cat fight. The most embarrassing, of course, when he contacted the head of programming of GPTV to relay his disgust with the airing of ‘Madame Bovary.’,,,,Our commissioners are the stewards of our money. Solicitor Robert Stokely is not. His job is to prosecute cases and help make our county a little safer. Stokely needs to stop using his position for the purpose of intimidation and front page appearances.” http://www.times-herald.com/archives/opinion/2001/0728.html
“The latest chapter in the contentious saga between the Coweta County Commission and Solicitor Robert Stokely unfurled Tuesday with the county criticizing the solicitor for going outside of his domain.” http://www.thecitizennews.com/main/archive-010216/news/cow-06.html
“Commission Chairman Robert Wood was obviously angered to learn that Stokely had gone over the commission's head or behind its back straight to the Governor's office to seek additional money.” http://www.times-herald.com/archives/news/2001/0606.html
http://www.thecitizennews.com/main/archive-020419/news/cow-04.html
"We’re one person away from not being able to get the job done," Stokely said. "There’s probably not a tougher case to [prosecute] in court than a DUI, there are so many technicalities." http://www.ga-drunkdrivinglawyer.com/media/atlanta-journal-dui-defense-success.htm
Coweta County, well-known for not appointing lawyers for indigent defense, and was sued last year by the Southern Center for Human Rights for systematically denying poor criminal defendants their constitutional right to counsel. Yet Joe Peniston Spivey, Jr. prevailed in using a nolo plea against Cathy Porter in a custody case. The Judge told her that because she could not afford an attorney, she had to plead. Even though Porter claims innocence, she was accused by Spivey, Jr.’s girlfriend of beating her car with a stick.
Joe Jr.’s convictions include possession of a firearm by a convicted felon, criminal attempt to commit burglary, carrying a concealed weapon, stalking, criminal trespass, assault and battery, and several DUI’s. In 1992, Joe pinned Cathy to the ground, while his girlfriend, Suzy Hand aka Rita Hand, beat her with a night stick. Both were convicted of aggravated assault.
When Joe got out of jail, he moved in with his dad, Joseph Peniston Spivey, Sr., and Cathy was living with her daughter in a two bedroom condo and working for Panasonic in Peachtree City as a computer board function tester. Cathy claims that Joe Jr. has a history of filing charges against her in an effort to keep her entangled with the courts, immobilized, so he would win custody. According to Cathy, three months, after he won custody the first time, he offered to return her daughter in exchange for sex. They met at Cathy’s attorney’s law firm. Dee Crouch drafted an order, which was signed by both parties, and after oral sex between the parties, the child returned the following day.
Six times she moved back in with Joe Jr., and each time he beat her and kicked her out. According to Cathy, he enlisted his sister in begging her to return from Texas where she and her daughter lived in a spacious home near her father’s home. She said he promised her he would work things out and not hang around with his biker friends, and that he wanted to be a family. She fell for it. Joe Jr. set her up
Family Courts Committee Members
http://newnan.com/newcomers/county1.html
On Line Coweta County Discussion
Georgia Department of Human Resources
Coweta County Victim Witness Assistance - (770) 254-7350
Gus L. Wood
15 Jefferson Street
P.O. Drawer 1608
Newnan, GA 30264
770-253-9885; 1-800-346-5357
gwood@woepa.com
Delia T. Crouch
8 Lee Street
Newnan, GA 30263
770-304-3642
DeeCrouch@aol.com
http://www.lawyers.com/crouchlaw
Judge John Simpson
Coweta Judicial Circuit
P.O. Box 338
Carrollton, GA 30117-0338
770-830-5855
FAX 770-830-5857