NCFM NOTE: As you read what is below keep in mind the nature and severity of the alleged crime, which as far as can be discerned from the information below was an email or perhaps emails later construed as harassment and cyber-stalking. Let me repeat that “an email or emails,” which were construed as cyber stalking. The man sending the emails was 2,000 miles from the woman who received them. Ok, he screwed up and did some stupid typing. But that’s what it is: “typing.” The recipient was under no obligation to open the emails. She could have blocked them after receiving one she found offensive or even abusive. None the less, we’re talking emails not baseball bats or Uzis.
The man who sent the emails, Dan, was arrested, held in jail for weeks without bail or seeing an attorney, extradited from one state to another, convicted of Harassment and Stalking in a state in which he had never been in with the accusing woman, sentenced to two years probation, fired from his $100,000 a year job, and he lost everything he owned as well as his security clearance, which means he can never work in his chosen field again. He’s now destitute.
This absurd overreaction to an email, or emails, is tantamount to dropping an A-bomb on an ant because it’s making you uncomfortable. Unfortunately, stories such as this one are all too common. The only winners were those whose livings are derived from protecting nobody while destroying those who have done little or no harm, the involved law enforcement officers, judge, and support staffs.
Taxpayers were big losers too since this debacle had to have cost several hundred thousand dollars.
Better would have been for law enforcement upon receiving a complaint to contact Dan and tell him to stop with the emails.
Dan’s accuser, like thousands upon thousands of similar accusers allegedly lied…and, lied…and lied. If true who is the real abuser? Who should have been convicted of a crime?
by Charles Corry, PhD.
In an EJF newsletter posted in July 2005 we pointed out that domestic violence laws provided numerous opportunities for variants on a “honey trap.” Later, in a separate chapter we have outlined the impact of domestic violence laws on veterans and national security.
The problems haven’t gone away.
It is rare that the neo-Marxist radical feminists, that I refer to as “redfems” and whose ideology underlies these draconian laws, have the physical attributes requisite for a “honey trap.” However, they have compensated by becoming lawyers, judges, prosecutors, “family” counselors, DV treatment providers, victim advocates, and shelter workers, all financed by the DV industry on the public dollar.
In those positions they have found millions of fellow travelers willing to seek a free lunch under “no fault” divorce, false allegations of domestic violence, restraining orders, etc. And it is quite easy to lose or ignore a few cases where national security becomes an issue in this barrage of cases.
But the Equal Justice Foundation is routinely contacted by NCO’s and officers at bases like Schriever AFB when airmen are arrested as they immediately lose their security clearances. Special Forces troops from Fort Carson also trickle through with the same problems. Numerous civilians/veterans working on classified projects are also routinely destroyed as Dan’s story below well illustrates. These are not easy people to replace but their destruction certainly furthers the radical feminist goal of destroying the patriarchy.
(EJF annotations and comments in blue and square brackets [comments])
I am a 62 year old male and resident of Maryland for the past 12 years. I worked for the Naval Research Labs in Washington, D.C. in the EW (Electronic Warfare) & Aerospace group. I had a Secret clearance and am also a Commercial pilot. My prior marriage was to my high school sweetheart and we have 3 college graduated kids together. My son is still in graduate school. I have NO prior issues with Domestic Violence.
In 2008, about 12 years after my divorce, I met a 36-year-old woman who grew up in Colorado. Kira had 3 kids, all in their early teens. She had been divorced for about 5 years and lived just outside of Baltimore. After her divorce, her ex moved back to CO where he was also from, leaving Kira to raise 3 kids alone in Maryland. We met on Match.com.
After 9 months we were engaged and looking for a house to live in together here in MD. Kira was struggling to make ends meet when I met her, using credit cards to make her mortgage.
Her oldest son has a congenital condition causing him to breath through a tracheal tube with an enlarged neck and tongue. The kids, an older daughter and two boys only 11 months apart, did not see their dad hardly at all. Kira would try to send them back to Colorado during summer break to visit with him and her step mom and mother, whom all lived in the Denver area. Sending the kids back to Colorado in the summer gave Kira a break also. She got to date and go out dancing without kids around.
When I came into the picture, it took a little while to be accepted into the family as they did not have a man in their lives for some years. We eventually settled into a family unit and I would stay at her house and they would stay at my apartment on occasion. We had a difficult time at the end of our first year together as I found out that Kira had been communicating with her ex-boyfriend behind my back. Some nasty emails and texts followed and we ended up getting Restraining Orders against each other.
However, we made up shortly thereafter and actually moved into a leased house together. Kira’s house was an old duplex in a bad neighborhood in a poor school system. She rented her house out and we moved into a nice big house in a better town with excellent schools. We lived together in that leased house for the next year together.
Kira was not paying her mortgage on her house during this time and instead banking that money and her house went into foreclosure. She was unsuccessful in trying to obtain a Home Loan Refinance under the Obama program. Stress increased due to this and the fact that we were trying to get some medical remedy for her son. I had a plane and flew Kira and her son up to Boston Children’s Hospital where I had found a doctor who specializes in his condition and was well known across the United States. I flew them there many times over our time together. I started a Group on Facebook for kids with his condition where kids and parents could share their issues .
When Kira’s housing issues became too much, she moved back into her duplex after asking her tenants to leave early. This was in July 2011. There was not enough room in her old duplex for me, the boys had to share their old bedroom again and life got difficult. I moved back into my old apartment building and we tried to work out some solution to her foreclosure problems. I contacted the state, banks, everyone and nobody could help.
Her son was scheduled for another operation. And then in March 2011, Kira decided to leave for 2 weeks and fly to Prague, leaving her kids alone and telling me to stay away. She was acting irrational. [A trip to a city like Prague by someone having financial difficulties is always a red flag and suggests Kira may have been a bit more than a redfem fellow traveler.].
When she returned, we talked and went out but it was not anything like the couple we once were. We had talked about her options and the fact that I had cancelled an offer I had made on a house we were talking about buying and that we were ending our relationship as it stood. I suggested her best option might be to move back to Colorado where she has some family support and her ex could be closer to their kids and be able to take them sometimes even though he remarried into a family with two more kids with his new wife.
We talked about me helping her drive a moving van back to Colorado with her. The week before she was to move, she told me she didn’t need my help. It was then that I found out she had been talking to an old high school boyfriend back in Colorado for months and months. I was suspicious earlier as she gave me Herpes a few months earlier, after over 2.5 years of having sex with her. Now I was angry. [Note that Dan never goes to Colorado with or without her.]
During her drive back to Colorado, Kira had flown in her old ex boyfriend to have him help drive the van from Maryland to Colorado. Someone she told me she had not seen in many years or talked to except on Facebook maybe once every few years. All lies I now knew. I called her leaving messages, asking her why she did such a thing. I texted her calling her a cheating slut over the next few days. [Not a good thing to do at any time but these messages originate in Maryland.]
When she got to Colorado she went to the police. Said I was threatening and scaring her and harassing her. I never made any physical threat to her or her property. She told the police that she had to move to Colorado to get away from me, that I was abusive. Total lies. I was charged with cyber harassment by a county attorney in Broomfield (Joe Psyga) with Broomfield County Judge Amy E. Bockman signing the Warrant, and arrested in Maryland, while walking my dog. [Note that county judges only have territorial jurisdiction within their county over crimes committed in that county. Dan was never in Broomfield County, Colorado, and, at the time, Kira had not yet established residency and was still a Maryland resident. But Dan's challenges on the question of jurisdiction were simply ignored by the courts.
[This is far from the first time we have seen Colorado judges far exceeding their authority and assuming jurisdiction over cases far outside their boundaries.]
I spent 2 weeks in jail in Maryland before Colorado came to extradite me. My $5,000 bail was argued by the DA and requested $50k bail! I spent the next 4 weeks in Broomfield jail trying to get a bail hearing where it was eventually lowered to $20K and I was able to bail out. My case went to Judge Thomas Ensor. [Ensor is a 17th Judicial District Judge who is consistently rated very weak by attorneys. Neither Bockman or Ensor had jurisdiction over a Maryland citizen and any charges should have been brought against Dan in Maryland, or in federal court if an interstate crime was claimed. In order to have jurisdiction in a case before the bar the court must establish that it has:
€ Personal jurisdiction is an authority over a person, regardless of his location.
€ Territorial jurisdiction is an authority confined to a bounded space, including all those present therein, and events which occur there.
€ Subject matter jurisdiction is an authority over the subject of the legal questions involved in the case.
For jurisdiction to be complete a court must have a concurrence of both subject matter and personal jurisdiction or subject matter and territorial jurisdiction. And while the court had subject matter jurisdiction it had neither personal or territorial jurisdiction over Dan but he was arrested in Maryland on a warrant signed by a county judge in Colorado.]
The DA argued to allow 404(b) “evidence” which were the earlier emails from 2008, before Kira and I lived together. Kira had saved all of them and gave them to the DA. She did not want me messing up her new hopeful relationship with her old Colorado boyfriend and was angry at me for getting his phone number (he’s a musician and has it posted online) and calling him.
During these 6 weeks in jail, I lost my job making $118k/yr, was evicted from my apartment where all my worldly belongings were placed on the street and went through all of what little money I had in travel and lawyer fees. I lost my plane which I had owned for 17 years without one late payment.
We eventually went to trial. I did not testify and left my fate in an inept lawyer’s hands (Gary Fielder). I was found guilty on two counts of Harassment and Stalking; even though I made no threat and wasn’t even in the State of Colorado. They said I was a Credible Threat and she had Emotional Stress. She lied to get probable cause by telling the police I was previously arrested in Maryland for domestic violence. I was not. She lied stating I was coming to Colorado to harm her when she knew very well I was in Maryland as the police ‘pinged’ my cell phone. She lied or misstated the truth on many points, but the young (female) ADA had no other cases to pursue I’m told and spent all of her efforts on mine. [See introductory comments about redfem prosecutors.]
I never got to talk to a lawyer while sitting in jail in Maryland, even though I made DAILY requests in writing. I specifically stated that I did not waive extradition while in Maryland jails, yet I was extradited. I requested by Habeas Corpus to speak with a lawyer, to have a Hearing demanding particulars of the Colorado complaint and request for ExtraditionŠ all ignored.
Judge Ensor, even though he NEVER heard me speak, called me names in court, said he was happy I would lose my Secret Clearance and did not let my 26-year-old son speak on my behalf at my sentencing or my lady friend, yet DID allow Kira’s stepmother to speak and ask for a more severe penalty for me.
I got two-years probation. It ruined my life. I now have a Felony 5 conviction. I will never work again in my industry. I am 62-years old and have absolutely nothing. This is equivalent to a life sentence for me at my age, forced into this financial hole.
Judge Ensor is a hanging judge in my book, without any common sense, handing out insane punishments like candy. He should not be a judge.
These Cyber crime laws are unconstitutional and the Colorado laws are WAY overreaching and WAY beyond their legal jurisdiction.
Thanks for reading. Hope you can get rid of bad judges and crazy laws. Bring back the Constitution and some common sense!