Disturbing developments in Kirk case

On September 21, 2012, Judge James A. Matish of the West Virginia Fifteenth Judicial Circuit Court heard LtCol. Joel Kirk’s appeal to reverse two incomprehensible rulings made by Judge Lori B. Jackson. The appeal requests that Matish:

1.)   Overturn several mathematical  errors Lori Jackson made in a previous ruling. Jackson’s errors would cost Col. Kirk a great deal of money he does not have because it never existed.

Jackson held Kirk in contempt for non-payment even though she admitted to making the errors. Jackson decided to uphold her errors because she did not believe they were “that big of a mistake.” Jackson told Joel she would expunge the contempt charge if he paid the non-existent money specified in her previous ruling even though she acknowledged her calculations were wrong. Believe it or not, Jackson used to be an accountant.

2.)   Overturn Jackson’s August 2012 decision to give 50/50 custody to Tina and Joel and the implication that Tina would eventually be given full primary custody. Jackson made this ruling despite overwhelming evidence that Tina is an emotionally abusive and physically violent, untreated Borderline Personality Disordered, drug and alcohol abusing parent who has yet to undergo treatment for these issues.



Even though the Kirk children’s physical safety and emotional well-being are at stake, Matish deferred making a ruling for 60 days and inexplicably mirrored Lori Jackson’s sentiments by proclaiming:

“This case is quite disturbing in the behavior of both parties. Ms. Kirk for her substance abuse and Mr. Kirk for filming from a dark room.”

Male victims of abusive women, especially borderline personality disordered women, frequently have to record their abuses because it is the only way anyone will believe them. It is common practice for attorneys and therapists specializing in these cases to advise clients with BPD spouses to do exactly what Joel did – document the abuse. At Shrink4Men, we call this the ABR Rule (Always Be Recording).

Before Jackson replaced Judge Cornelia Reep, Col. Kirk had advised the court repeatedly about Tina’s abusive behavior and substance abuse problems, but his concerns were ignored. It was only after he produced video evidence that CPS and the court began to take the problem seriously, that is until Jackson was given the case.

Would Matish have condemned Tina for filming Joel from a “dark room” if he was the abuser or commended her for trying to protect the children and herself? Matish appears to either be ignorant or be operating under a woefully disturbing double standard when it comes to female abusers or both.

Meanwhile, it is nearly 120 days since the September appeal hearing and Matish has yet to make a ruling. Perhaps Matish naively believes Tina’s violent and abusive episode captured on the June 28, 2009 video (above audio file) was an isolated incident. In reality, it is just the tip of the iceberg. AVFM and Shrink4Men have so many audio files documenting Tina’s abuse of Col. Kirk and the children that we are still going through them months after receiving them.

One can only speculate why Matish has allowed these two issues, one very urgent because it involves the safety of minors, to sit on his desk for almost 4 months. One can only speculate why he needed to adjourn at all to fix another Judge’s admitted mathematical error.

How Many Judges Does It Take to Divorce a Borderline?

Over the last 3.5 years, the Kirk case has had five judges. Five judges.

Judge Cornelia Reep: She recused herself due to a conflict of interest after Tina fired her original family law lawyer, who she still owes $18,000, and hired personal injury attorney, Thomas G. Smith. Reep represented Smith in his divorce when she was a practicing attorney. Smith and associates appear to be working on a contingency fee basis, which is illegal in West Virginia family law cases.

Reep ruled that the children should have no contact with their mother until Tina  underwent treatment and was deemed safe by the children’s therapist and the GAL. Therefore, Reep had to go so Tina could get in front of the only other Harrison County Family Court judge who just happens to be a close family friend of one of Tina’s drinking buddies, Celeste Clutter. Thomas G. Smith’s law firm coincidentally happens to be one of Clutter’s biggest clients at the radio station where Celeste works in sales.

Judge Lori B. Jackson: Jackson’s malfeasance, enabling of child abuse and multiple conflicts of interest are evident. Jackson ruled that the children’s visitation with Tina would resume, unsupervised, against the protests of the GAL and the children’s therapist.

Judge James A. Matish: See above.

State Supreme Court Justice Menis E. Ketchum: In early October 2012, Justice Ketchum recused Jackson due to the Internet coverage of the Kirk case on AVFM, Shrink4Men and other websites. Ketchum should have recused Jackson for gross incompetence, judicial malfeasance, multiple conflicts of interest and for her reckless endangerment of the Kirk children.

Judge J. Jeffrey Culpepper: Justice Ketchum appointed Monongalia County Judge Culpepper to replace Jackson. However, Judge Culpepper cannot rule on the Kirk case in its entirety because Matish, a colleague of Jackson’s, continues to sit on Col. Kirk’s appeal. One also wonders why Matish has not handed the appeal to Judge Culpepper. It would certainly help to simplify things in the Harrison County Dysfunctional Family Court Circus.

So that’s 3.5 years, 5 judges and no resolution for the Kirk children and LtCol. Kirk.

Dumpster Diving for Dollars

Tina Kirk’s four ambulance chasing personal injury attorneys, Thomas G. Smith, Esq., Jamison H. Cooper, Esq., Afton Leanne Huston, Esq. and Daniel C. Cooper, Esq. (the husband of Jamison Cooper) deny Tina’s abuse — even after watching the video, the GAL report, the therapist’s testimony and psychiatric evaluations. They claim it was an isolated incident because “Joel got Tina drunk” and has since attended anger management counseling at her new church.

First, there is no documentation that Tina has undergone treatment by a credentialed mental health professional that specializes in BPD and substance abuse. Sorry, but a few confabs with Pastor “Suffer the Little Children,” a few crocodile tears and a few prayer circles is not a cure for either Borderline Personality Disorder or alcoholism — except perhaps in Lori Jackson’s court. It remains to be seen whether this also applies to Matish’s court.

Second, there are many photos of Tina taken after June 2009, partying it up on different occasions, drink in hand.

Third, the last thing the partner of an out-of-control, violent BPD wants is for her or him to get drunk. BPD and alcohol can be a dangerous combination and no one in their right mind would want to expose themselves or their children to that.

Fourth, AVFM and Shrink4Men have received recent reports of ongoing abuse by Tina Kirk toward their two children, including a public display of abuse in December 2012. After AVfM ran The Real Housewives of Harrison County on October 8, 2012, one of the housewives contacted Paul Elam via email, providing us with additional information.

This housewife of Harrison County reported that Tina was so drunk the night of the party documented in the photos in The Real Housewives article, that she got into a screaming match with her bouncer boyfriend in Celeste Clutter’s driveway and was asked to leave.

We also have reports from other community members that Tina has begun yet another smear campaign by approaching the children’s educators and extracurricular activity instructors claiming Joel is abusing his children without providing a shred of evidence to substantiate her claims.

Smear campaigns are textbook Borderline behavior. Borderlines typically initiate smear campaigns during divorce and custody proceedings (and sometimes during the relationship) in an attempt to cover up abuse that they are actually committing. Smear campaigns are just a public form of projection, misinformation and redirection.

Furthermore, Judge Culpepper placed a gag order on both Kirks in December 2012, so it would appear that Tina is in violation of the gag order as she goes about Harrison County slandering Col. Kirk.

Tina Kirk’s abuse of the Kirk children is active and ongoing. It is not “in the past” nor is it an “isolated incident.” Yet Judge Matish continues to let this case drag on. In doing so, he is enabling the abuse of children just like Lori B. Jackson. That makes two judges in Harrison County demonstrating abject indifference to child abuse. What are the odds?

About Dr. Tara J. Palmatier

Dr Tara J. Palmatier provides confidential, fee-for-service, consultation/coaching services to help both men and women work through their relationship issues via telephone and/or Skype chat. Her practice combines practical advice, support, reality testing and goal-oriented outcomes. Please visit the Shrink4Men Services page for professional inquiries.

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  • http://www.shrink4men.com/ Dr. Tara J. Palmatier

    Even though I know how misandric the family court system is, I am still in awe by what is taking place in Harrison County.

    • http://gloriusbastard.com/ JJ

      I really love how my attornies always say “believe in the system!” while they are taking my money. I really wish the family courts documents, especially the finances, were not off the books. We have no way of finding where they live, which judge sits on which circuit until the occasional story comes out and they release the circuit it is placed in.

      Overall, they have effectively blanketed all information. I also really love how CSEA offices line their counters with bullet proof glass; and demand everyone relinquish their cell phones and video cameras.

      They all know what they are up to; and when you compare by area the amount of foster kids dying under their watch I have no sympathy for what happens to them when they economy fails. I would be glad, if I could, to let the mob know where to direct itself.

      These monsters know no shame. Time we change that.

      • http://www.shrink4men.com/ Dr. Tara J. Palmatier

        Of course attorneys believe in the system. Many of them profit very nicely from it!

        As for confiscating recording devices, that’s bull. Every courtroom in the US should be filmed and have copies of trials and hearings available.

        It just might curb a lot of this nonsense and criminal behavior by judges and attorneys.

        • greg

          Power Corrupts, and Absolute Power, Corrupts Absolutely.

          I forget who to attribute that quote to .

          But Judges, have absolute power.

          Chief Judge Timothy Evans, Crook County Il, has issued an Edict that their will be no Electronics(from the public), in a court room. He’s afraid that a light may shine on the Corruption.

          However, Big deal here in illinois, camera’s are allowed in Criminal Court, starting early last year.
          They want to perpetuate the “Myth” of Due Process.

          Family Court, Probate Court, Need the Brightest Light Shined on Them.

        • http://gloriusbastard.com/ JJ

          My frustration is that they allow transcripts; and the one I read from July seemed accurate to my memory. However, that is not the same as having a video made.

          Oh yeah, my attorney made a really nice sum of money and got me nowhere fast. He is still robbing me; but since I am out of state I need someone to file.

          She moved out of the country for God’s sake; and I am told there is nothing I can do about it? Something is very wrong there.

          These judges need their wings clipped. Yet, the money keeps rolling in, so I think legislatures just turn a blind eye.

          I really hope we can use the economy, if it crashes; to turn the public eye on family courts. I just am not holding my breath. There will be numerous scapegoats for them to use and keep it the way it is.

  • R Leger

    Thank you very much for the update. The Kirk case is actually what originally brought me to AVFM and I often find myself wondering if he’s made any headway. My heart breaks for the Lt Col. and his children. I’m glad AVFM is around to bring to light cases like this and to stand up for guys like Lt Col Kirk.

    • greg

      Kirk case brought me here as well.

      My concern is for Joel and the children. I pray that the children are safe.

      The Corruption in West Virginia is no different than here in Crook County Illinois, or for that matter, any Family Court in the Great USA. Assuming other Countries as well.

      May VAWA Stay Dead!! But despite 23 Executive Orders on Gun Control, and all the Headlines regarding said, Senator Patrick Leahy States that the 1st Bill He wants to Move on this Year, is VAWA.

      Pandering to the Radicals.


      Source is SAVE

      • greg


        I emailed and called(left message) today,State Senator DE, Dave Lawson, to inquire as to whether there has been a response from the Son of VAWA Himself, Attorney General Beau Biden(prick/criminal), as to His letter dated December 21st, written on behalf of Gordon Smith, Gordon’s Children, and the taxpayer’s of Delaware.

        He had anticipated a “Speedy Response”…….

      • greg

        VAWA will pass. But Leahy wants S1925.

        We don’t want that.

        We don’t HR4970 either, but it’s a HELL OF ALOT BETTER!!!! Than S1925.

        Baby Steps…

        and hopefully, 20yrs from now, VAWA will be DEAD. Stricken.,, From Existence….

    • http://www.shrink4men.com/ Dr. Tara J. Palmatier

      You’re welcome, RL. I hope to have a happy or at least tolerable update in the near future. Let’s hope Judge Culpepper is fair and reasonable and actually looks at the evidence.

  • https://www.facebook.com/pages/A-Voice-for-Men/102001393188684 Paul Elam

    Appalachian states are often the target of unfair humor that paints them as backwards areas, populated by rodent-eating hillbillies. This story proves that kind of humor is outmoded.

    West Virginia may be leading the way in modern judicial corruption and incompetence.

    This case is one of the most disgusting examples of judicially sanctioned child abuse I have ever seen. Jackson should be behind bars, and it may be that Matish should be a cellmate. However this is handled it is clear that neither of these two “public servants” has any concept of protecting the interest children.

    • http://www.shrink4men.com/ Dr. Tara J. Palmatier

      Jackson’s up for re-election, I believe, in 2 years. Anyone know if WV circuit judges are elected or appointed?

      • http://www.deanesmay.com Dean Esmay

        They’re elected.

        Although we elect judges in many states, they are usually quite low on the ballot in sections people frequently skip, often run unopposed, often are barely known. In theory they’re answerable to their constituents but it takes a lot to get the attention of constituents.

        It’s my belief we need to look for others who’ve been harmed by this judge to establish a pattern.

      • https://www.facebook.com/pages/A-Voice-for-Men/102001393188684 Paul Elam

        Now that we have activists in that area, and some concerned community members, I will be earmarking some of our budget for that election. I think a few hundred posters showing exactly what kind of Judge Lori Jackson is will be well spent.

        Sack Jackson – 2015

  • yinyangbalance

    I divorced an HPD Woman, and I got the SAME broken record response by the court.

    “This case is quite disturbing in the behavior of both parties. ”

    I would not doubt this is VAWA training designed to cover up abusive women as “Its both of them” and “the man is the cause”.

    They continually added me in as an accessory to my then wife’s crimes against ME and our child no matter what I presented as evidence. The result was always the same “Its both of you”. The court accepted fraudulent testimony from people that weren’t even there for incidences that I cited in my declaration. one incident was particularly frightening in which I was punched in the face then attacked with a hammer. I thought I was going to die when I saw that hammer, and stupid emasculated man that I was I just covered my head with my arms. As a mangina back then, I didn’t believe in hitting women under any circumstances, even if my life was in danger that was instilled in me all my life by my Feminist mother and Feminist Step mother. But I STILL got accused of hitting her that night but never even laid a hand on her, and the court cited ‘witnesses’ that were never there, but refused to reveal their names as to ‘protect their identity’. No one else was there but me, my son and my crazy violent-bitch-ass slut wife who constantly accuses men of rape when its revealed she slept with them.

  • http://shiningpearlsofsomething.blogspot.com Suz

    What is the next step for us?
    (I’m furious and I want to do something NOW, but I need cooler heads to think through the best course of action.)

    • feeriker

      I’d suggest “shaming” of the villains involved here – if I thought they had any sense of it such that it would bear any fruit. Barring that, I’m hard-pressed to think of anything effective that doesn’t involve activism that could lead to lawsuits, contempt of court citations, and/or jail time.

      • http://www.shrink4men.com/ Dr. Tara J. Palmatier

        At this point, we’re waiting to see how or if Matish rules. He may rule or he may find it better to wash his hands of it and kick the remaining “can” over to Judge Culpepper.

        If Matish has the same amount of integrity as Jackson (i.e., none), he may uphold her rulings. In which case, his rulings will need to be appealed. I don’t know if Col. Kirk would file the appeal with Judge Culpepper’s court or the WV Supreme Court. I suspect the appeal would be in the Supreme Court. We don’t know because the Colonel is gagged and therefore prohibited from speaking about new developments in the case.

        So much time, money, energy and heartache for what? A greedy, manipulative BPD who refuses to face the natural consequences of her behavior.

        Tina does not strike me as a particularly intelligent woman, but she seems to be cunning and to know how to play victim and how to play the system (a system that more and more seems to be by sociopaths for sociopaths).

        Her attorneys are just as despicable as she is and ought to be disbarred. Not just for the contingency scam they’re running, but for failing to uphold the law as they are sworn to do as officers of the court.

        • feeriker

          I don’t know if Col. Kirk would file the appeal with Judge Culpepper’s court or the WV Supreme Court.

          My question is how he continues to afford legal representation in this battle. This whole ordeal HAS to be bankrupting him. I wonder if anyone is doing anything to help raise money for his legal costs?

          • http://www.shrink4men.com/ Dr. Tara J. Palmatier

            He is pro se now as his attorney bled him dry while accomplishing nothing. He reached out to local attorneys in October after AVFM and S4M began covering the case and no one returned his calls. Harrison County seems to be pretty incestuous and that is not an Appalachia joke.

        • scatmaster

          Tina does not strike me as a particularly intelligent woman, but she seems to be cunning and to know how to play victim and how to play the system (a system that more and more seems to be by sociopaths for sociopaths).

          There is a lot of women like that who are aided and abetted by many with both internal and external genitalia.

          • http://www.shrink4men.com/ Dr. Tara J. Palmatier

            There’s a pandemic of them, Scat.

    • http://www.shrink4men.com/ Dr. Tara J. Palmatier

      We may need Matish posters in WV. Soon.

      • http://shiningpearlsofsomething.blogspot.com Suz

        I can probably swing it.

    • http://www.deanesmay.com Dean Esmay

      A photo of Judge Jackson and results of any other cases where she’s behaved this way would be a start.

  • http://www.youtube.com/user/Razlo5000?feature=mhum Raz

    Cases like these are why I am going to be an MRA for life. This shit REALLY pisses me off. I’m removed from it so I can channel that anger into constructive activism. But I stand in awe at men like Joel Kirk or Vladic Filler. This is thier life!
    When I tell people (who still want to listen) about mens rights issues. I mention cases like this one. They accuse me of fudging the facts. Being hyperbolic or “not telling the full story”,
    They say “it can’t be THAT bad.” or say “that’s just one case”.
    So I give them another. & another. & another. I provide evidence, facts, quotes, statistics… I lay the whole fithy world at their feet…
    But still they doubt or ignore me.

    SCREW EM’!

    • http://gloriusbastard.com/ JJ

      I have dealt with the same thing. At my last job I dealt with numerous people who refused to listen. One guy had realized while in the service that his mother and step dad had consciously removed and isolated his father from his life. It was so bad, that when he was 18 and called to chew his father out they rewarded him for it. He and his family never went to see either parent.

      Also, the rest of them just shut me up, and turned me down. Even went so far as to say that because one of the guys got custody of his kids, though they provided no evidence, this was proof positive. Also, one of the women who called me to task personally bragged about how she screwed her ex over in family court agreeing with me. She just did not want to hear it; and she was a whorrific whore. Speaking of which, the male whore of the party was also in on the fun. This guy was taking his ex to court, and told me that he hears me but disagrees; and thinks that his kids should be better with their stripper mother. Considering that this was in Japan, and he slept with other men’s wives while there thus guaranteeing a worse fate for those men’s kids then his had; he really showed me his true colors.

      You can’t argue people into agreeing with us! You can’t! They have to learn for themselves. I know, personally, ten years ago or more; I instinctively knew something was up; yet I still held on to my feminist indoctrination from public school because I wanted to feel I knew and ruled my world!

      You can lead the horse to water, but you can’t force them into activism until it is personal for them. It should be a law in science that human beings are largely stupid until we learn the hard way. I know I did, or I probably would not be here.

  • AntZ

    OT: Is the Lori Handrahan story too hot to ignore?

    She is a professor at American University

    She is a lifelong feminist, who has published numerous books and articles on feminism, and worked in many United Nations offices on women/gender issues.

    She has used the family court system to falsely accuse her ex husband and cut him out of their daughter’s life. The list of “findings of fact” in the most recent trial is the most egregious that I have ever heard of.


    Despite the stream of cases in which this kind of abuse happens, nothing in my experience has come even close to this level of violence by proxy. She has a web site that is beyond belief, where she posts pictures of her own daughter’s intimate parts, trying to campaign against her ex.

    This case could be a really strong black eye for feminism and its supporters. She also has been featured in at least one “top women” contest.

    I smell a real opportunity to shine some light on the femininist conspiracy. Her actions are completely indefensible, and even feminists won’t help her now, but she was a powerful and influential member of their movement for years. Her stink is going to stick to feminism no matter how hard they try to wash her off. She was a top leader of the movement.

    • malcolm

      I think most of us are aware of the Lori Handrahan case.
      As per usual, the greatest frustration isn’t that it exists and people don’t know about it, it’s that people do know about it, and are apathetic.
      She would make a powerful example, as she makes use of many of the tactics that countless women across the world do when involved in a legal situation against a man, but she takes it to such an extreme level that her absolute lack of morals and ethics are on prominent display.

      • AntZ

        I think one crucial aspect of the Handrahan case is that, in addition to being a false accuser and abuser of the family court system, she is also a powerful and influential member of the feminist establishment. She is a perfect way to illustrate the connection between the policies that feminists support and the power to manipulate institutions that they really want.

    • greg

      She WAS employed bye American University. Fired. Source is

      Fathers and Families

  • motherX

    If someone more technologically savvy than myself could write up an internet flyer detailing key case facts, I can post it on facebook. I have lots of friends and family in west Virginia. It’s not much, but its a start to just make people aware of the situation and perhaps raise funds to help. These kids deserve better than having to spend the rest of their lives undoing the incredible psychological damage that a mother like this causes.

  • wondering woman

    To mother X
    Maybe you could just link to the AVFM articles on your FB page and go from there. Anything is worth a try to keep the pressure focused to get this case moving. People in WV deserve to know what kind of judges they’ve elected.

    It is unconscionable that Judge Matish should have not ruled in this length of time. He must be deeply entrenched in this rotten system to sit on this for such a long time. He’s as much a child abuser as Ms. Kirk, her lawyers and Judge Jackson. My guess is he’s hoping the whole thing just goes away, but meanwhile, the childhood of the Kirk children is what’s slipping away in this chaos. I can only imagine what the holidays must have been like for the Kirk children.

    I might have lost track of some of the details, but I don’t recall reading that even one judge has yet interviewed the children. What a racket this is! Lt.Col. Kirk now pays for his children to be psychologically manipulated and abused by their mother in her half of the shared custody time. By now, both children must be in their teens so she probably won’t physically abuse them anymore. Still, why haven’t the courts listened to them? Oh silly me, I forgot. If that happened the children might say “we want to live with dad” and a whole funding stream could dry up if Lt.Col. Kirk’s child support wasn’t automatically withdrawn from his paycheck. If the legal apparatus let that happen once, it might happen again, and again, and oh my, the whole system could collapse if judges and lawyers actually protected the children instead of protecting the vampire-women who abuse their children and husbands, then are willing to sell their children in return for relinquishing their parental rights. From what I deduce (being fairly new to Men’s Rights Advocacy), this is all about the money that feeds the system. It seems primarily designed to support the lawyers and judges who enable self-proclaimed female victims like Ms. Kirk to keep extorting money from the poor dupes who had the bad luck to marry them in the first place, but who actually did nothing wrong except they just didn’t make these leeches happy enough (probably not possible no matter how hard they tried). How can we drive a stake through this heart of darkness in Harrison County, WV?