Women Usually Lie: Benefit goes to the Man?

Another Rant By: Bettyjean Kling

This happens over and over and over again. It rarely makes the news and when it does, it doesn’t make the 11 O’Clock Broadcast news, or play over and over again on CNN, FOX, CNBC and the like. Have a mother kill her kid and see how fast they have that splashed all over the news for months on end i.e. the poor delusional mother who drowned her 5 babies in her tub, or the mother who drove her two babies into a lake , or Casey Anthony.

Without warning, they just killed their children and it made headlines as it should but when a man, a father kills his children after a judge was warned and fails to protect the child- the story is not sensationalized. I have to wonder why not? Is it because the judge not only failed to protect the child but failed to believe the woman? Was it because he was flat out prejudiced against the woman for no apparent reason? Was it because these judges have a reason and that reason is they cannot stand to restrain a man?

This happens over and over and over again because no one has stopped these judges from taking man’s side. Right now there are thousands of Mothers who have totally lost their children to their abusers because they dared to fight with the judge about possible abuse and the judge in turn punished them by taking their children and giving them to the abusive parent! These judges choose to believe the man for no other reason but it was their choice to do so.

“Everyone lies in family law court,” said divorce lawyer Guy Herreman, who has appeared before Lemkau and respects the jurist as fair. “That’s just the facts of life.”

Many children are dead, raped or somehow abused as a result! The story below is just one story – one story that should have been just sensational but since the judge is running for office that would be inconvenient! This happened in January, we are just hearing about it now on the internet, or maybe we wouldn’t hear about it at all! Where’s Greta?

Judge faces challenge after child-custody tragedy

By PAUL ELIAS, Associated Press Writer
Saturday, March 13, 2010 at 9 a.m.

VICTORVILLE, Calif. — Katie Tagle pleaded with the judge that her ex-boyfriend had threatened to kill their 9-month-old son and himself if the couple did not reconcile. She wanted the judge to revoke the boyfriend’s custody of the baby with a restraining order.

“I’m going to deny it ma’am,” San Bernardino Superior Court Judge Robert Lemkau said. “My suspicion is that you’re lying.”

Ten days later, Stephen Garcia shot and killed the baby before turning the gun on himself.

The sustained community uproar in this dusty, blue collar town on the edge of the Mojave Desert that followed the Jan. 31 murder-suicide surprised even Lemkau, who is used to making tough decisions during 34 years as a prosecutor and another three years as a judge.

Family law court is among the most contentious branches of the judicial system and Lemkau routinely upsets dozens of litigants daily with his rulings – and a hardened, no-nonsense demeanor that comes with seeing so many sad, broken families fighting over babies.

Lemkau, in his first interview since the controversy erupted, told The Associated Press he was “crushed” as a father and grandfather by the murder-suicide and couldn’t sleep for a week after hearing the news.

“The worst nightmare of a judge,” he said, “is to deny a restraining order and there are catastrophic results.”

Nonetheless, he stands by his decision “based on the evidence before me.”

“If you are a homicidal, suicidal psychopath, you are not going to be persuaded by a restraining order,” the judge said. “It’s not like I released a psychopath onto the street – he was already on the street.”

But since Lemkau is on the June ballot and a political opponent from the district attorney’s office is exploiting the unpopular decision, the Jan. 21 ruling lives on in the blogosphere, local newspapers and talk radio. Growing demands for Lemkau to resign culminated Monday with 100 demonstrators carrying signs outside Lemkau’s courtroom, calling the former prosecutor of crimes against children a “baby killer.”

Both candidates are scrambling to raise tens of thousands of dollars each for a race that was to be uncontested and held almost no public interest until Lemkau’s ruling. It is now the hottest local race and one of the many contested judicial contests across the country that a growing number of legal scholars led by retired U.S. Supreme Court Justice Sandra Day O’Connor oppose as unseemly and corrupting.

O’Connor and others are campaigning to change the selection-process in California and the 32 other states that elect judges, arguing that campaign donors are often lawyers who appear routinely before the candidate-judges.

They also say judges should be free to make unpopular decisions without having to worry about ballot box repercussions.

“If the judge followed the law, it is simply wrong to punish him for that,” said Northwestern University law professor Stephen Presser, a leading scholar on electing judges. “When you start electing judges, they start playing to public sympathies.”

The public clamor Lemkau touched off with his Jan. 21 decision shows no signs of abating. In a prepared statement he read March 3 in a courtroom beefed up with extra security, the judge apologized for calling Tagle a liar. The apology backfired when the grieving mother rejected it as insincere.

“He didn’t even look me in the eye,” said Tagle, who were the same blue dress to court March 3 that she wore to her baby’s cremation and funeral. The baby’s ashes are now a centerpiece in the Yucca Valley family home Tagle shares with her parents and 4-year-old son, who was told his brother is now “living with the angels.”

Emotions are so raw and Tagle so angry that she rejected a request from Garcia’s parents to share some of the baby’s ashes. Garcia’s parent wanted to mix them in with their son’s remains, but Tagle said no.

“It’s the only way I can keep my baby safe now,” she said.

Tagle last saw her son alive on Jan. 28 when she handed him over to Garcia in a Victorville parking lot.

Now she is actively trying to remove Lemkau from office.

“I don’t want to be pitied. I don’t want money. I just want to be heard,” she said. “I don’t want this to happen again. I don’t want him to make a wrong decision again.”

Lemkau’s election opponent James Hosking is a San Bernardino County prosecutor who makes no bones about hammering the subject from now until polls close on June 8 to unseat the judge.

“Judge Lemkau’s ruling in the Tagle case was indefensible,” said Hosking, who said fellow prosecutors urged him to run and that he formally filed to challenge Lemkau on the last day when no other candidates stepped forward.

Over lunch Friday before he was to drive to San Bernadino, Lemkau defended his ruling.

The evidence Tagle showed him consisted of two long e-mails titled “Necessary Evil” written by a “John Hancock” that was a fictionalized account of a father killing himself and his 9-month-old son after his ex-girlfriend refuses to come back.

The ex-boyfriend in a sworn statement and again in front of the judge, denied writing the e-mails even though Tagle insisted that Garcia had posted a similar story to his personal Web site.

Lemkau said that, since he had no way of determining on Jan. 21 who was lying and that Garcia produced photographs showing Tagle drinking while holding the baby, he was not going to cut off custody to the father. He noted that two other judges previously found Garcia wasn’t a threat when they denied similar requests last year.

“All I had were the e-mails,” Lemkau said. “The source of the e-mails was indeterminate.”

He said he does regret calling Tagle a liar. Miguel Gonzalez, the public relations representative the judge hired this week to help with the campaign, is trying to arrange a private meeting between Tagle and Lemkau.

Family law lawyers who have appeared before Lemkau defend his ruling as a decision that could have gone either way in a busy, overly contentious forum.

“Everyone lies in family law court,” said divorce lawyer Guy Herreman, who has appeared before Lemkau and respects the jurist as fair. “That’s just the facts of life.”

The Associated Press

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15 Responses

  1. There is more to this sad story.

    It is not just tragic, it is a horrific story of repeated domestic violence and murder that could have been prevented by no less then three Judges, who share the responsibility for this tragedy!

    Katie Tagle, the baby’s mother was not just called a liar by Judge Robert Lemkau, she was denied protection for herself and her baby Wyatt, by two other judges, Judge Debra Harris and Judge David Mazurek of Joshua Tree Courthouse.

    This tragedy that occurred could have been prevented!

    Three judges and Katie Tagle could not get one of them to listen to her plea for help!

    She told all three judges, at three separate times, that she feared for herself and her baby, after
    Garcia threatened to kill her and baby Wyatt.

    Judge David Mazurek chastised Katie Tagle and took the side of Garcia, who had a history of domestic abuse.

    The last straw to this tragedy was Judge Robert Lemkau and his refusal to uphold the restraining order and he ordered Katie Tagle to hand baby Wyatt over to his psychotic father for the very last time!

    Our court systems should have been there to defend and protect the victims of domestic violence and most notably, with this tragic case, they failed miserably!

    Where can the victims of domestic violence go to seek justice? Changes need to be made in our court system. Something is seriously wrong when those who operate the courts are the perpetrators of domestic violence and murder!

    How many of us could every live with the knowledge that we shared some responsibility for a 9 month old’s murder, even indirectly!

    I know my analysis sounds harsh, but when do people take responsibility for the wrong decisions that they make?

    It’s time to clean the justice system up! If you can’t do the job correctly, then get OUT, before the people “boot you OUT!
    The citizens of this small community led protest marches against the judges.

    ______________________________________
    Article in the Hi-Desert Star

    “Family say courts shut down restraining orders”

    By Stacy Moore
    Hi-Desert Star
    Published: Wednesday, February 3, 2010 3:01 AM CST

    http://www.hidesertstar.com/articles/2010/02/03/news/doc4b69381ed5e05699313614.txt

  2. There is more to this sad story.

    The court system failed Katie Tagle and her nine month old baby, Wyatt.

    Katie Tagle went to three different judges, on three separate appearances in the Joshua Tree Courthouse, to plead her case and ask for an order of protection and restraining order for herself and baby Wyatt and each time, she was denied!

    First she appealed to Judge Debra Harris and told the judge that she and her baby was being threatened by Garcia.

    Judge Harris denied her emergency order because Katie couldn’t prove that she was being threatened. This took place on Dec. 15, 2009.

    Katie’s second appeal was to Judge David Mazurek on Jan. 12, 2010 asking for a restraining order against Garcia for physical and verbal abuse that took place on Dec. 31, 2009 and even filed a police report .

    Judge Mazurek sided with Garcia, who even though he had a history of domestic abuse, Judge Mazurek believed Garcia, who lied about the incident and he denied Katie a restraining order against Garcia.

    Judge Mazurek also, chastised Katie for being the problem.

    Judge Mazurek along with Judge Harris did not consider Garcia a “real threat”!

    Right after her court appearance with Judge Mazurek, Garcia’s threats were now, desperate and explicit.

    The last straw was on Jan. 14, 2010 in Judge Robert Lemkau’s court, he would not uphold the restraining order and ordered Katie Tagle to hand over Wyatt to his psychotic father, for the very last time.

    Judge Lemkau stated :” ‘One of you is lying and I think it’s you,’ and pointing at Katie.” Judge Lemkau went on to warn Katie about the consequence of lying.

    Three Judges, who would not even listen to any of Katie Tagle’s facts and pleas for help!

    All three Judges share in the responsibility for the death of baby Wyatt.

    How exactly, does one live with themselves knowing full well that they had the power to prevent this tragedy by taking the time and investigating the facts and just listening to this victim of domestic violence!

    I know that this is a harsh analysis, but it needs to be said!

    There are victims of domestic abuse and murder throughout our country and the justice system should be “excoriated” for not doing their jobs to protect and defend the victims!

    Sometimes, the justice system perpetuates domestic violence when they take on a “casual attitude” that it’s always the victims fault, they were asking to be punched in the face, pushed down, verbally abused, their lives are threatened or the actual loss of their lives!

    Changes need to be made in our court system, if you can’t do your jobs correctly then “GET OUT”, before the citizens “BOOT YOU OUT”!

    The citizens of Katie’s community were outraged and protested the judges, especially Judge Robert Lemkau, who is now running for office, who was responsible for ordering Katie to hand over the baby to his psychotic father and murderer.

    ____________________________________
    Article in the Hi-Desert Star

    “Family says court shut down restraining order”

    by Stacy Moore
    Hi-Desert Star
    Feb. 3, 2010

    http://www.hidesertstar.com/articles/2010/02/03/news/doc4b69381ed5e05699313614.txt

  3. This has been real big, front page news in the community where this happened. There have been protests against Judge Lemkau in front of the Victorville court house which was covered by local NBC and ABC news. Local talk radio has been going insane over this case.

    EVERYONE WANTS LEMKAU OUT!

    This kind of treatment of women and children must stop! If Lemkau had only just called a “time out” and had given Katie Tagel the benefit of the doubt her baby, Baby Wyatt, would still be with us.

    Steven Garcia did exactly what he told Katie he would do, kill Baby Wyatt then kill himself.

    What more could she have done? She presented the threats to Judge Lemkau and he called her a LIAR in court, not once but several times and accused her of FABRICATING the evidence.

    WE MUST BEGIN WITH THE PEOPLE THROWING LEMKAU OFF THE BENCH!

    Fortunately, this IS an elected position and the PEOPLE have the power to remove Lemkau.

    NOW the other judges are pushing for appointed only positions so the people can not control who will judge them.

    The judges say their decisions should NOT be subjected to public scrutiny, BUT HOW WOULD YOU LIKE A JUDGE TO DO WHAT LEMKAU HAS DONE AND HAVE NO CONTROL OVER WHETHER HE STAYS ON THE BENCH OR NOT.

    The judges say judges should not be political, BUT THEY WANT POLITICIANS TO APPOINT THEM!

    RIGHT NOW, JOB ONE IS TO THROW LEMKAU OFF THE BENCH.

    Then we have to let the other elected judges know we are watching them and they are accountable.

  4. I totally agree- We the People have had enough of having no say over those who RULE over us.
    Judges and others should be elected not appointed!

    Enough is enough!

    The US was declared Independent so we would have NO RULERS!

    Judges are just as corrupt as Representatives they are human. Humans are corruptable and fallable.
    Judges have been going against women time after time- Pedophiles are let go- batters are let go – people are on the streets who should not be and innocent people are killed.
    Enough!

  5. This comment by Lemkau is astounding:

    “If you are a homicidal, suicidal psychopath, you are not going to be persuaded by a restraining order,” the judge said. “It’s not like I released a psychopath onto the street – he was already on the street.”

    So, does this mean just do NOTHING? The arrogance of this man makes me ill, but it KILLED a baby. Thank God we can run this fool out of office. He says he barely slept for a week after Baby Wyatt’s death, so does that mean we’re supposed to feel sorry for him? I doubt if Katie Tagel will sleep well for years. DUMP this fool.

    • Shari, I picked up on the same comments- it made my skin crawl to hear him speak them. Hindsite is 20/20 but I will bet you dollars to donuts this creep has made this call many times before , and while he may never make it again – a baby paid with his life and if all he lost was a week of sleep- he did not loose near enough.
      I am with you.

      May I join you to my newsletter list? I would like to have you Gals stick around- I like the way you think and express yourselves!

    • Judge Lemkau is just as arrogant in his personal life as he is at his job. My aunt was married to Judge Lemkau’s father. (Both are deceased now). My cousin still has a letter that Judge Lemkau sent his father telling him that he was not welcome in his home because he was clumsy and his manners were unrefined.
      Imagine telling your father( a man who was very kind and caring,a man who worked his heart out to put you through Law School)that he wasn’t good enough to be in your home.
      What A JERK!!!
      His ruling cost the life of a child……and with Lemkau’s attitude, God only knows what other awful things have happened in people’s lives. I know he broke my Uncle Bill’s heart. Glad he’s not around to see this.

      • My Lord what an animal- how can this be possible? and he expects us to believe he lost a nights sleeep let alone a week?
        I doubt it.
        Stay tuned for our Renee Beeker – she will be our Guest on the Radio either tomorrow night or next week – I am working it out now.
        she is founder of family court watch project.
        Very exciting.
        She was on 2 months ago- I am just trying to set the date up now.
        Hopefully Wed 9:30 PM eastern.
        What state are you from – I will put you on the newsletter list too so you can get my newsletter and know wht and who is our guest.
        We cover these cases.

        BettyJean Kling M.S, M. Ed
        Founder: The Majority United
        http://www.TheMajorityUnited.com
        http://www.FreeMeNow.wordpress
        BTR. The Majority United Radio
        Mon 10 pm & Wed 9:30 pm Eastern
        Call-in Number: ( 347 ) 838-8011
        http://www.blogtalkradio.com/FreeMeNow

        Free US Now- “A victim’s first scream is for help; a victim’s second scream is for justice.” – Coral Anika Theill

  6. Reply |Fran Stockham to me
    show details 4:53 AM (11 hours ago)

    There is more to this sad story.

    The court system failed Katie Tagle and her nine month old baby, Wyatt.

    Katie Tagle went to three different judges, on three separate appearances in the Joshua Tree Courthouse, to plead her case and ask for an order of protection and restraining order for herself and baby Wyatt and each time, she was denied!

    First she appealed to Judge Debra Harris and told the judge that she and her baby was being threatened by Garcia.

    Judge Harris denied her emergency order because Katie couldn’t prove that she was being threatened. This took place on Dec. 15, 2009.

    Katie’s second appeal was to Judge David Mazurek on Jan. 12, 2010 asking for a restraining order against Garcia for physical and verbal abuse that took place on Dec. 31, 2009 and even filed a police report .

    Judge Mazurek sided with Garcia, who even though he had a history of domestic abuse, Judge Mazurek believed Garcia, who lied about the incident and he denied Katie a restraining order against Garcia.

    Judge Mazurek also, chastised Katie for being the problem.

    Judge Mazurek along with Judge Harris did not consider Garcia a “real threat”!

    Right after her court appearance with Judge Mazurek, Garcia’s threats were now, desperate and explicit.

    The last straw was on Jan. 14, 2010 in Judge Robert Lemkau’s court, he would not uphold the restraining order and ordered Katie Tagle to hand over Wyatt to his psychotic father, for the very last time.

    Judge Lemkau stated :” ‘One of you is lying and I think it’s you,’ and pointing at Katie.” Judge Lemkau went on to warn Katie about the consequence of lying.

    Three Judges, who would not even listen to any of Katie Tagle’s facts and pleas for help!

    All three Judges share in the responsibility for the death of baby Wyatt.

    How exactly, does one live with themselves knowing full well that they had the power to prevent this tragedy by taking the time and investigating the facts and just listening to this victim of domestic violence!

    I know that this is a harsh analysis, but it needs to be said!

    There are victims of domestic abuse and murder throughout our country and the justice system should be “excoriated” for not doing their jobs to protect and defend the victims!

    Sometimes, the justice system perpetuates domestic violence when they take on a “casual attitude” that it’s always the victims fault, they were asking to be punched in the face, pushed down, verbally abused, their lives are threatened or the actual loss of their lives!

    Changes need to be made in our court system, if you can’t do your jobs correctly then “GET OUT”, before the citizens “BOOT YOU OUT”!

    ____________________________________
    Article in the Hi-Desert Star

    “Family says court shut down restraining order”

    by Stacy Moore
    Hi-Desert Star
    Feb. 3, 2010

    http://www.hidesertstar.com/articles/2010/02/03/news/doc4b69381ed5e05699313614.txt

  7. There is more to this sad story.

    The court system failed Katie Tagle and her nine month old baby, Wyatt.

    Katie Tagle went to three different judges, on three separate appearances in the Joshua Tree Courthouse, to plead her case and ask for an order of protection and restraining order for herself and baby Wyatt and each time, she was denied!

    First she appealed to Judge Debra Harris and told the judge that she and her baby was being threatened by Garcia.

    Judge Harris denied her emergency order because Katie couldn’t prove that she was being threatened. This took place on Dec. 15, 2009.

    Katie’s second appeal was to Judge David Mazurek on Jan. 12, 2010 asking for a restraining order against Garcia for physical and verbal abuse that took place on Dec. 31, 2009 and even filed a police report .

    Judge Mazurek sided with Garcia, who even though he had a history of domestic abuse, Judge Mazurek believed Garcia, who lied about the incident and he denied Katie a restraining order against Garcia.

    Judge Mazurek also, chastised Katie for being the problem.

    Judge Mazurek along with Judge Harris did not consider Garcia a “real threat”!

    Right after her court appearance with Judge Mazurek, Garcia’s threats were now, desperate and explicit.

    The last straw was on Jan. 14, 2010 in Judge Robert Lemkau’s court, he would not uphold the restraining order and ordered Katie Tagle to hand over Wyatt to his psychotic father, for the very last time.

    Judge Lemkau stated :” ‘One of you is lying and I think it’s you,’ and pointing at Katie.” Judge Lemkau went on to warn Katie about the consequence of lying.

    Three Judges, who would not even listen to any of Katie Tagle’s facts and pleas for help!

    All three Judges share in the responsibility for the death of baby Wyatt.

    How exactly, does one live with themselves knowing full well that they had the power to prevent this tragedy by taking the time and investigating the facts and just listening to this victim of domestic violence!

    I know that this is a harsh analysis, but it needs to be said!

    There are victims of domestic abuse and murder throughout our country and the justice system should be “excoriated” for not doing their jobs to protect and defend the victims!

    Sometimes, the justice system perpetuates domestic violence when they take on a “casual attitude” that it’s always the victims fault, they were asking to be punched in the face, pushed down, verbally abused, their lives are threatened or the actual loss of their lives!

    Changes need to be made in our court system, if you can’t do your jobs correctly then “GET OUT”, before the citizens “BOOT YOU OUT”!

  8. i am contacting this organization because I have not seen my son sense july 2009. They gave full custody to his father, I have filled a reconsideration but they still have not responded and this issue is becoming retarded. Either they think that we are not quailfied to understand they processing or they are upset because we are not let them, do whatever they want to our children. I thought that this was the home of the free and home of the brave but i guess sense they are building a juvenile center in a residental neigborhood; all of this is takeing place in philadelphia.

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