My name is William Winchester. I decided to go into the practice of law to “change the system” after being crushed by a system of corruption during my own divorce and child custody case in Jackson, Tennessee. Nine years later, after suffering a heart attack and losing my first daughter again in a corrupt system, I stopped practicing law; however, it will not leave me alone.
The beginning of the end started at the end of 2006 when my first daughter, just turning 12, began exhibiting the signs of Parental Alienation Syndrome, which ultimately led to me not having any contact with her. This, of course, created great psychological trauma for me, just as the death of a child would have to any parent. In June 2007, I suffered a heart attack, and for the next year I was on a roller coaster of medications and side effects from the various heart and blood pressure medications. At this point, I decided that for my health and the well-being of my family, that I had to close my law practice and leave Memphis, Tennessee.
With continuous health and emotional issues, as I was closing my practice, I know that I let a few people down. It is my intent to remedy those few matters as best as I can; however, with the health and emotional drains that I was experiencing, I had no choice if I were to maintain my sanity.
This blog site is a preview of a tell all book I am writing, preliminarily entitled “The Shelby County Way”. The book is a collection of actual cases from the following Tennessee counties: Shelby, Madison, and Fayette. The decisions of judges and juries in these cases defy all reason, and can only be explained by one word - corruption. The corruption does not necessarily involve monetary payoffs, but can include “good ole boy” politics, “back room” deals, racism, sexism, and elitism. My definition of corruption is the influence of any factor in making a legal decision by a judge or jury that is not legally permissible.
This week the posts (some of them were already posted in January and February) will chronicle the details of my own case with its twists and turns in and around Jackson, Tennessee, from 1994 through today. It will show how judicial politicking and influence spans several courtrooms, from the juvenile court to the circuit court, and how one current juvenile judge and one law firm is the epicenter of it all. This week's posts will complete My Story: For the Love of a Child.
Sunday, June 19, 2011
Wednesday, May 25, 2011
"Kids for Cash" in a Pennsylvania Juvenile Court
From http://abcnews.go.com/US/mark-ciavarella-pa-juvenile-court-judge-convicted-alleged/story?id=12965182&sms_ss=facebook&at_xt=4ddb0bffa851ca3c%2C0
By LINDSEY DAVIS, FRANK MASTROPOLO and LAUREN SHER
Feb. 21, 2011
A former juvenile court judge in Pennsylvania could face more than 10 years in prison after being convicted in what prosecutors called a "kids for cash" scheme.
Prosecutors say former Luzerne County Judge Mark Ciavarella used children as pawns, locking them up unjustly in a plot to get rich. Ciavarella is accused of taking nearly $1 million in kickbacks from owners of private detention centers in exchange for placing juvenile defendants at their facilities, often for minor crimes. Ciavarella claims that the payment he received from a developer of the PA Child Care facility was legal and denies that he ever incarcerated kids for money.
"Absolutely never took a dime to send a kid anywhere," said Ciavarella.
Ciavarella, 61, was found guilty of 12 out of 39 charges on Friday, including racketeering, money laundering and conspiracy, in connection with the nearly $1 million payment from Robert Mericle, the developer of the PA Child Care center. He plans to appeal. Ciavarella was acquitted on charges of bribery and extortion in relation to additional payments from the center's builder and owner.
Families complain of Ciavarella's rapid-fire brand of justice and trials that lasted only minutes with even first-time offenders sent to detention centers.
In one reported case, Ciavarella sentenced a child to two years for joyriding in his mom's car. In another, he sentenced a college-bound high school girl to three months in juvenile detention for creating a website that made fun of her assistant principal. Some of the kids he ordered locked up were as young as 10.
"The numbers of children going into placement in Luzerne County tended to be two to three times higher than in other counties," said Marsha Levick, deputy director of the Juvenile Law Center in Philadelphia.
In October 2009, the Pennsylvania Supreme Court dismissed 4,000 juvenile delinquency cases Ciavarella handled from Jan. 1, 2003 to May 31, 2008. The court said that it "cannot have any confidence that Ciavarella decided any Luzerne County juvenile case fairly and impartially while he labored under the specter of his self-interested dealings with the facilities," and called Ciavarella's actions a "travesty of juvenile justice."
Though most of the affected youth have already served their time, many parents were outraged by Ciavarella's sentence, including Sandy Fonzo, who could not contain her anger.
Fonzo's son Edward Kenzakoski was sentenced by Ciavarella to juvenile detention in 2003 for possession of drug paraphernalia. Fonzo said her 17-year-old son had no prior record when he landed in Ciavarella's courtroom. She claims Kenzakoski never recovered from the months he served behind bars and years later, at 23, he killed himself.
"Do you remember me? Do you remember me? Do you remember my son? He was an all-star wrestler and he's gone," Fonzo screamed to Ciavarella as he exited the courthouse Friday.
Ciavarella remains free until sentencing. Fonzo said she expected to see Ciavarella carted off in handcuffs as the former judge often did to juveniles he sentenced.
Ciavarella is expected to get a minimum prison sentence of 12 years behind bars, according to prosecutors. To Fonzo, that is not justice.
"You know what he told everybody in court? They need to be held accountable for their actions," she yelled to Ciavarella Friday. "You need to be!!"
By LINDSEY DAVIS, FRANK MASTROPOLO and LAUREN SHER
Feb. 21, 2011
A former juvenile court judge in Pennsylvania could face more than 10 years in prison after being convicted in what prosecutors called a "kids for cash" scheme.
Prosecutors say former Luzerne County Judge Mark Ciavarella used children as pawns, locking them up unjustly in a plot to get rich. Ciavarella is accused of taking nearly $1 million in kickbacks from owners of private detention centers in exchange for placing juvenile defendants at their facilities, often for minor crimes. Ciavarella claims that the payment he received from a developer of the PA Child Care facility was legal and denies that he ever incarcerated kids for money.
"Absolutely never took a dime to send a kid anywhere," said Ciavarella.
Ciavarella, 61, was found guilty of 12 out of 39 charges on Friday, including racketeering, money laundering and conspiracy, in connection with the nearly $1 million payment from Robert Mericle, the developer of the PA Child Care center. He plans to appeal. Ciavarella was acquitted on charges of bribery and extortion in relation to additional payments from the center's builder and owner.
Families complain of Ciavarella's rapid-fire brand of justice and trials that lasted only minutes with even first-time offenders sent to detention centers.
In one reported case, Ciavarella sentenced a child to two years for joyriding in his mom's car. In another, he sentenced a college-bound high school girl to three months in juvenile detention for creating a website that made fun of her assistant principal. Some of the kids he ordered locked up were as young as 10.
"The numbers of children going into placement in Luzerne County tended to be two to three times higher than in other counties," said Marsha Levick, deputy director of the Juvenile Law Center in Philadelphia.
In October 2009, the Pennsylvania Supreme Court dismissed 4,000 juvenile delinquency cases Ciavarella handled from Jan. 1, 2003 to May 31, 2008. The court said that it "cannot have any confidence that Ciavarella decided any Luzerne County juvenile case fairly and impartially while he labored under the specter of his self-interested dealings with the facilities," and called Ciavarella's actions a "travesty of juvenile justice."
Though most of the affected youth have already served their time, many parents were outraged by Ciavarella's sentence, including Sandy Fonzo, who could not contain her anger.
Fonzo's son Edward Kenzakoski was sentenced by Ciavarella to juvenile detention in 2003 for possession of drug paraphernalia. Fonzo said her 17-year-old son had no prior record when he landed in Ciavarella's courtroom. She claims Kenzakoski never recovered from the months he served behind bars and years later, at 23, he killed himself.
"Do you remember me? Do you remember me? Do you remember my son? He was an all-star wrestler and he's gone," Fonzo screamed to Ciavarella as he exited the courthouse Friday.
Ciavarella remains free until sentencing. Fonzo said she expected to see Ciavarella carted off in handcuffs as the former judge often did to juveniles he sentenced.
Ciavarella is expected to get a minimum prison sentence of 12 years behind bars, according to prosecutors. To Fonzo, that is not justice.
"You know what he told everybody in court? They need to be held accountable for their actions," she yelled to Ciavarella Friday. "You need to be!!"
Monday, May 16, 2011
Judicial Accountability Report Card
Here is a link to the HALT Judicial Accountability Report Card:
http://www.halt.org/jip/2008_jarc/
It is from 2008, but is very telling.
Tennessee received an overall grade of "C-", with a resounding "F" for Availability of Meaningful Sanctions, as well as a "F" for Gift Restrictions.
Maine and Mississippi received overall grades of "F".
Indiana received an overall "C+". No state received an "A".
When you go to the link, you can click on a state and get its "report card".
http://www.halt.org/jip/2008_jarc/
It is from 2008, but is very telling.
Tennessee received an overall grade of "C-", with a resounding "F" for Availability of Meaningful Sanctions, as well as a "F" for Gift Restrictions.
Maine and Mississippi received overall grades of "F".
Indiana received an overall "C+". No state received an "A".
When you go to the link, you can click on a state and get its "report card".
Sunday, May 15, 2011
Judging the Judges: Referee Harold Horne (Memphis, TN)
PUBLIC REPRIMAND - aka "a slap on the wrist"
Below is the link to the Public Reprimand of Juvenile Court Referee Harold W. Horne.
http://tennessee.watchdog.org/files/2009/12/2005-4-12-REPRIMAND-Juvenile-Referee-Harold-W.-Horne.pdf
While a case was on appeal, Referee Horne entered an "Order to Correct Record on Appeal." The problem was that Referee Horne DID NOT notify the parties (one of which was the State of Tennessee) nor their attorneys that he had entered the order. Further, the order contained facts that were not supported by the court record or the transcripts of the hearing.
It appears, then, that he just made up "facts" in an attempt to bolster his decision so that the Tennessee Court of Appeals would affirm his decision.
Since fabrication of evidence and perjury by litigants is a crime, why isn't making up "facts" by a judge or referee and filing it with a higher court a crime????
Oh, I forgot, we are talking about the Juvenile Court of Memphis and Shelby County, Tennessee, where politics prevail.
For more on the politics of the Memphis and Shelby County Juvenile Court, see my February 15, 2011 post entitled, "Misery Funds a Legal Fiefdom" by Nina Berstein. It also includes an open letter from Judge Joe Brown, former Criminal Court Judge and current TV personality.
Below is the link to the Public Reprimand of Juvenile Court Referee Harold W. Horne.
http://tennessee.watchdog.org/files/2009/12/2005-4-12-REPRIMAND-Juvenile-Referee-Harold-W.-Horne.pdf
While a case was on appeal, Referee Horne entered an "Order to Correct Record on Appeal." The problem was that Referee Horne DID NOT notify the parties (one of which was the State of Tennessee) nor their attorneys that he had entered the order. Further, the order contained facts that were not supported by the court record or the transcripts of the hearing.
It appears, then, that he just made up "facts" in an attempt to bolster his decision so that the Tennessee Court of Appeals would affirm his decision.
Since fabrication of evidence and perjury by litigants is a crime, why isn't making up "facts" by a judge or referee and filing it with a higher court a crime????
Oh, I forgot, we are talking about the Juvenile Court of Memphis and Shelby County, Tennessee, where politics prevail.
For more on the politics of the Memphis and Shelby County Juvenile Court, see my February 15, 2011 post entitled, "Misery Funds a Legal Fiefdom" by Nina Berstein. It also includes an open letter from Judge Joe Brown, former Criminal Court Judge and current TV personality.
Saturday, May 14, 2011
The Tennessee Court of the Judiciary
The Tennessee Court of the Judiciary is the organization that is supposed to police the judges in Tennessee. It is comprised of mainly judges, some attorneys, and a few civilians - however, it is basically run by the judges.
As you have read in earlier posts, many things that would lead to criminal charges for everyday people have only warranted "private reprimands" by the Tennessee Court of the Judiciary. What a JOKE!
There is currently legislation in the General Assembly that would abolish the Tennessee Court of the Judiciary and replace it with another entity to police and investigate judges. However, and organization is only as good as the people who are running it.
The members of the Tennessee Court of the Judiciary (listed on the side of the reprimands that are linked in the below posts) are:
Don R Ash
Presiding Judge
Timothy R. Discenza
Disciplinary Counsel
Patrick J. McHale
Assistant Disciplinary Counsel
Chris Craft
David M. Cook
Angelita Blackshear Dalton
Joe F. Fowlkes
Christy R. Little
Richard A. Manahan
Paul Neely
Pamela L. Reeves
Kathy McMahan
Mary Martin Schaffner
Steve Stafford
Jean A. Stanley
Dwight E. Stokes
D. Michael Swiney
Thomas T. Woodall
Well, if we are examining the integrity of the Tennessee Court of the Judiciary, look no further than Christy R. Little. Judge Christy, before she became Madison County Juvenile Court Judge, was the guardian ad litem in my own child custody case. She is mentioned in my January 24, 2011 post: My Story: For the Love of a Child, Part 1 of 4.
I filed a civil lawsuit, Winchester v. Little, 996 S.W.2d 818 (Tenn.Ct.App. 1998), against Judge Christy in the Madison County Circuit Court for violation of federal constitutional and civil rights, as well as state claims. The attorneys that represented Little were Thomas H. Rainey, John D. Burleson, and Dale Conder, Jr., all with the law firm Rainey, Kizer, Butler, Reviere & Bell. (You will hear a lot more about that law firm, as well as Little, in future postings.) The trial judge, Julian P. Guinn, dismissed the lawsuit on the basis of immunity. In other words, it did not matter what Christy did or did not do; since she was appointed by the court as a GAL, she was immune from liability - she could not be sued. The Tennessee Court of Appeals also agreed that Christy was entitled to absolute quasi-judicial immunity - so no matter how many lies she told, no matter how vexatious they were, she cannot be sued.
JUDGES PROTECTING JUDGES!
As you have read in earlier posts, many things that would lead to criminal charges for everyday people have only warranted "private reprimands" by the Tennessee Court of the Judiciary. What a JOKE!
There is currently legislation in the General Assembly that would abolish the Tennessee Court of the Judiciary and replace it with another entity to police and investigate judges. However, and organization is only as good as the people who are running it.
The members of the Tennessee Court of the Judiciary (listed on the side of the reprimands that are linked in the below posts) are:
Don R Ash
Presiding Judge
Timothy R. Discenza
Disciplinary Counsel
Patrick J. McHale
Assistant Disciplinary Counsel
Chris Craft
David M. Cook
Angelita Blackshear Dalton
Joe F. Fowlkes
Christy R. Little
Richard A. Manahan
Paul Neely
Pamela L. Reeves
Kathy McMahan
Mary Martin Schaffner
Steve Stafford
Jean A. Stanley
Dwight E. Stokes
D. Michael Swiney
Thomas T. Woodall
Well, if we are examining the integrity of the Tennessee Court of the Judiciary, look no further than Christy R. Little. Judge Christy, before she became Madison County Juvenile Court Judge, was the guardian ad litem in my own child custody case. She is mentioned in my January 24, 2011 post: My Story: For the Love of a Child, Part 1 of 4.
I filed a civil lawsuit, Winchester v. Little, 996 S.W.2d 818 (Tenn.Ct.App. 1998), against Judge Christy in the Madison County Circuit Court for violation of federal constitutional and civil rights, as well as state claims. The attorneys that represented Little were Thomas H. Rainey, John D. Burleson, and Dale Conder, Jr., all with the law firm Rainey, Kizer, Butler, Reviere & Bell. (You will hear a lot more about that law firm, as well as Little, in future postings.) The trial judge, Julian P. Guinn, dismissed the lawsuit on the basis of immunity. In other words, it did not matter what Christy did or did not do; since she was appointed by the court as a GAL, she was immune from liability - she could not be sued. The Tennessee Court of Appeals also agreed that Christy was entitled to absolute quasi-judicial immunity - so no matter how many lies she told, no matter how vexatious they were, she cannot be sued.
JUDGES PROTECTING JUDGES!
Judging the Judges: Donna Fields, Part 2 (Memphis, TN)
PRIVATE REPRIMAND - aka “not even a slap on the wrist”
On Friday, April 1, 2011, I posted a blog regarding Shelby County Circuit Court judge Donna Fields. That blog mentioned private reprimands that Judge Donna received from the Tennessee Court of the Judiciary (“TCOJ“). A copy of the TCOJ’s decision to one of four complainants is posted on the An Attorney’s Tale Facebook page.
https://www.facebook.com/update_security_info.php?wizard=1#!/photo.php?fbid=156824207715954&set=a.134319363299772.28758.100001651287428&type=1&theater
All four complainants received the same “form letter” with the exception of the complaint number and the complainant’s name and address (which I redacted in the post).
A judge can publicly, in open court, commit ethical violations or worse against someone and get a "private" slap on the wrist. Where is the justice in that????
The Tennessee Court of the Judiciary - judges policing judges. No justice there.
On Friday, April 1, 2011, I posted a blog regarding Shelby County Circuit Court judge Donna Fields. That blog mentioned private reprimands that Judge Donna received from the Tennessee Court of the Judiciary (“TCOJ“). A copy of the TCOJ’s decision to one of four complainants is posted on the An Attorney’s Tale Facebook page.
https://www.facebook.com/update_security_info.php?wizard=1#!/photo.php?fbid=156824207715954&set=a.134319363299772.28758.100001651287428&type=1&theater
All four complainants received the same “form letter” with the exception of the complaint number and the complainant’s name and address (which I redacted in the post).
A judge can publicly, in open court, commit ethical violations or worse against someone and get a "private" slap on the wrist. Where is the justice in that????
The Tennessee Court of the Judiciary - judges policing judges. No justice there.
Judging the Judges: Gale B. Robinson (Nashville, TN)
PRIVATE REPRIMAND - aka “not even a slap on the wrist”
This is a link to private reprimand of Nashville judge Gale B. Robinson. Judge Robinson was "privately reprimanded" for working at a family owned funeral home while court was supposed to be in session, thereby NOT attending to the cases the judge was supposed to preside over. In other words, Judge Gale was drawing a judge's salary while working at the funeral home.
http://wtvf.images.worldnow.com/images/incoming/Investigates/RobinsonLetter.pdf
wtvf.images.worldnow.com
Judge Robinson was also cited for not reporting "significant extrajudicial income" from the funeral home business.
If an ordinary person clocks in at work and then leaves to go somewhere else, isn't that called "theft"? Doesn't that person get fired. In Tennessee, The Tennessee Court of the Judiciary just thinks it deserves a "private" slap on the wrist.
This is a link to private reprimand of Nashville judge Gale B. Robinson. Judge Robinson was "privately reprimanded" for working at a family owned funeral home while court was supposed to be in session, thereby NOT attending to the cases the judge was supposed to preside over. In other words, Judge Gale was drawing a judge's salary while working at the funeral home.
http://wtvf.images.worldnow.com/images/incoming/Investigates/RobinsonLetter.pdf
wtvf.images.worldnow.com
Judge Robinson was also cited for not reporting "significant extrajudicial income" from the funeral home business.
If an ordinary person clocks in at work and then leaves to go somewhere else, isn't that called "theft"? Doesn't that person get fired. In Tennessee, The Tennessee Court of the Judiciary just thinks it deserves a "private" slap on the wrist.
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