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Legitimate news Family Court @ Las Vegas
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Continued in July 2006

Click on any article date below to jump to headline index.
6/30/06: Boggs McDonald, husband divorcing: County commissioner seeking exclusive possession of home (RJ)
6/30/06: LETTERS: Family Court can lead to desperation (RJ)

    It's no surprise to me that so many good fathers are quickly cracked by the court system and turn into deadbeat dads -- because so many of them feel that they are "losing it all" despite their very best efforts.
6/30/06: DOMESTIC VIOLENCE ALLEGATIONS: Attorney says case cost job: Girlfriend of judge tried for bailiff post (RJ/gp) [Related articles]

    The girlfriend of Family Court chief Judge Steven Jones was on the verge of getting a job as a bailiff in another Family Court judge's courtroom until Jones was arrested last week on an allegation of battering the woman, a Las Vegas attorney said....

    McNair, a part-time legal secretary in Clark County, was under consideration to be hired as a bailiff by Family Court Judge Nicholas Del Vecchio. Jones was arrested on a domestic violence charge last week.

    Roske could not speak to whether McNair has any law enforcement background, but an ethics expert said the situation raises the question of whether the most qualified people are getting hired for judicial bailiff positions...

    Sommermeyer said McNair was not banned from Family Court. She was assigned only to work in positions at the Regional Justice Center because of a protective order in the case, Sommermeyer said.

6/29/06: TRYING TO HELP: Woman robbed, shot: LV police arrest two teens, hunt for third (RJ/fm)

    A good Samaritan's willingness to help three teenagers was rewarded with a gunshot to the chest, authorities said....

    Tomaino said the Clark County district attorney's office will determine whether the teens will be charged as adults.

6/28/06: DOMESTIC VIOLENCE: Accuser worked for another judge: Mosley released suspect in jail on battery charge (RJ/gp)

    The woman who accused Family Court Judge Steven Jones of domestic violence once worked for District Judge Donald Mosley, the judge who authorized Jones' release from jail on a battery charge last week, officials confirmed Tuesday....

    Mosley said he ordered Jones released from custody in large part because he was concerned Jones could be harmed while in custody. "He's a judge in jail. ... It's potentially a dangerous situation," Mosley said.

    Mosley added that he did not feel Jones was a danger to society or likely to miss future court dates. "There wasn't a reason in the world that Judge Jones needed to languish in jail for two or three days," Mosley said.

6/28/06: Regents approve paying Reilly $250,000: County manager to head health sciences center (RJ/kch) [Related articles]
6/28/06: Reno judge describes being shot: Weller won't discuss specifics about Mack (RJ/sw) [Related articles]
    *** What fantastic publicity! This guy's going to be reelected, for sure! This is way more effective than signs in vacant lots! ***
6/27/06: Police identify baby's mother: Teenager concealed pregnancy from kin (RJ/aa) [Related articles]
    Las Vegas police said Monday that the mother of the newborn whose body was found last week in the trash processing area of The Mirage is a 16-year-old girl.

    The preliminary investigation indicates that she had concealed her pregnancy from her family and that after giving birth alone to a stillborn infant while visiting The Mirage, she panicked. She wrapped the baby in a towel and placed the bundle in a trash bin outside her room at the Strip hotel, Sgt. Jim Young said....

    Whether the child was stillborn is a critical question, and a matter that is being investigated by the coroner's office. If the child was born alive and discarded, the mother could be charged with murder. If the child were stillborn, she could be charged with concealing a birth, which is a gross misdemeanor. If evidence is inconclusive, she could be only charged with failure to report a death.

Comments from the Webmaster
If the charge is murder, it will automatically be bumped up to adult court.
Jones Gets the Smith Treatment
6/27/06: JOHN L. SMITH: One Family Court judge should leave office early; today's a good day (RJ/jls) [Related articles]
    When television news cameras and print reporters caught up with Jones as he exited the local lockup, he wore a T-shirt that read, "Who's your big daddy?" In an instant, his credibility plummeted from reasonably respected jurist to an extra from an episode of "Judge Judy."

    Perhaps some political mechanic somewhere can re-craft that badly scorched image, but I wouldn't bet on it. From here, his judicial tenure appears charred beyond recognition....

    Arguments, rowdy teen-agers, aggressive girlfriends and a couple calls of murky origin: You'd think a guy in his line of work would get enough family dysfunction at the office.

    After each incident, he returned to work and with a straight face sat in judgment of other people whose lives had been changed forever by domestic violence. He should know plenty about that from a professional standpoint. Prior to winning a judgeship, Jones was a domestic relations referee.

    Who knows, maybe all his firsthand and eyewitness experience gave him a sympathetic ear.

    Jones has his fans. In a Review-Journal judicial survey, 85 percent of responding lawyers said Jones should be retained. I'm guessing that 85 percent of his next-door neighbors and almost 100 percent of representatives of domestic violence shelters would differ with the survey's results.

    On Monday, a bruised McNair was in court seeking to extend the emergency temporary protective order in the case against her boyfriend the judge. For his part, Jones was unavailable. He was fishing in Alaska.

    Maybe if he really looks, he'll find a T-shirt that reads, "The worst day fishing is better than the best day making a fool of myself in Family Court."

    For now, Jones has been taken off all Family Court cases involving domestic violence. But the obvious question is whether, given all those police visits, he should be sitting on the bench in Family Court at all.

6/27/06: COURT DATE: Hearing on order delayed (RJ/gp) [Related articles]
    The woman accusing Clark County Family Court Judge Steven Jones of domestic violence appeared in court Monday with clearly visible injuries to her face.

    Amy McNair, 34, bore scabbed abrasions above and adjacent to her right eye as she stood in a hallway Monday, waiting in vain for a hearing at which she had hoped to get a protective order against the judge extended for up to a year.

    Later, McNair cried in the hallway, and her attorney, Randall Roske, said her facial wounds are the result of an attack by the judge at his Henderson home last week.

    James Jimmerson, an attorney for Jones, said McNair's allegations against Jones are false. He said McNair actually suffered the facial injuries when she fell during a drunken stupor at the judge's home days earlier.

Comments from the Webmaster
The timing of the facial wounds should be easy to resolve. The arresting officer will simply testify as to whether the wounds on McNair's face were fresh at the time Jones was taken into custody. (Of course, this still doesn't prove that Jones inflicted the wounds.)
6/27/06: KIDS COUNT DATA BOOK: Study paints grim picture: Nevada falls four spots from last year's rank (RJ/lc)
    More Nevada teens are staying in school and fewer teen girls are getting pregnant, according to a study released today. But despite the improvements, the annual Kids Count Data Book still paints a grim picture of life for Nevada's teens, with the state ranking among the worst in the nation in rates of teen births, deaths and high school dropouts.
6/27/06: NLV foster father in case of missing girl seeks protection (RJ/fm) [Related articles]
    The foster father of a missing 2 1/2-year-old is seeking restraining orders against the girl's biological parents and a neighbor.

    Manuel Carrascal claims that since the girl disappeared from his North Las Vegas home, he and his family have been intimidated and forced to flee their home, according to court documents obtained by the Review-Journal.

6/26/06: TENNIS GREAT STEPPING ASIDE: Agassi announces end of 'long road': Las Vegan's storied career to conclude at U.S. Open (RJ/sc)
    Yet for all he has accomplished, it hasn't always been a rosy picture. Agassi had a tough run in 1997 when his world ranking dropped to 141, and he was playing in a Challenger event at UNLV, a tournament usually reserved for players trying to gain a foothold on the ATP Tour. His marriage to actress Brooke Shields was on the rocks, and there was talk that he was finished at age 27.

    But Agassi regrouped and went from 122 to No. 6 in the ATP rankings. He won five titles that year and regained his stature in the sport.

    It wouldn't be the last time Agassi would bounce back. However, at 36 and as the game's elder statesman, he has concluded that the time has come to focus on his family -- wife Steffi Graf and son Jaden, 4, and daughter Jaz, 2.

Comments from the Webmaster
This story is tangentally related to child welfare, since Agassi is a major contributor to children's causes in L.V., including Child Haven.

However, we have listed the article here for its wisdom in the divorce arena. In retrospect, who was the better match for Agassi: actress Brooke Shields or tennis player Steffi Graf?

Duh!

It is a simple truth, often overlooked: Romantic partners who are the same in natural interests and activities are the most likely to stay together.

6/26/06: Meth Nevada's most-abused drug: Users account for 35 percent of addicts in treatment programs (AP) [Related articles]
    The prevalence of meth addiction among pregnant females in the state is growing. Nearly 66 percent of pregnant females seeking treatment in state-funded programs listed meth as their drug of choice.
6/25/06: CRISIS IN THE CHILD WELFARE SYSTEM : Family matters — Rather than expand Child Haven and recruit more foster families, Clark County should focus on preventive aid (RJ/lp)

    In the summer of 2005, a single mother and her four children found themselves homeless in Las Vegas, living out of a car. The police brought the family to Child Haven, a congregate shelter for temporary stays of "abused and neglected" children, operated by the county's child protection agency, the Department of Family Services.

    The children were admitted, but the mother was left to fend for herself. She complained that she was not allowed to see the children to say goodbye, or even to instruct shelter staff as to their special needs. The children were temporarily separated from their mother against their will, and were violated in the process.

    It made no sense for the authorities not to house or shelter the family together. Indeed, if only a few weeks later they had been victims of Hurricane Katrina, or posed as such, they would have been housed -- at that time, county officials suddenly announced that hundreds of apartments would be made available to Katrina victims coming to Las Vegas.

Judge Jones' Earlier Family Problems
8/12/02: (ARCHIVE) For Family Court judge, issuing jail time has become a family affair (RJ/jls) [Related articles] This is an archive article from 2002 about an earlier situation involving Judge Steven Jones, who was recently arrested for domestic violence.
    Never let it be said Family Court Judge Steven Jones isn't tough on crime.

    In 1996, Jones called the police during a domestic dispute that ended up sending his pregnant wife to jail. In early July, it was his juvenile daughter's turn to sample a little jail time.

    Informed court sources say Jones ordered his teenage daughter to jail July 2 as a disciplinary lesson. No hearing, just straight to jail.

    So much for the "time out" and "spanking" routes.

    Sources wonder aloud how the 14-year-old wound up around the adult lockup section.

    In a statement released late Thursday, the judge said, "During the lunch hour, bailiffs, who have known my daughter for most of her life, accompanied my daughter to an unoccupied and unneeded holding cell, which was completely secure. She stayed there for about 2 1/2 hours, and then returned to my office. At no time did she come into contact with any adult detainees and at no time was she subjected to any physical force. What I did, in effect, was impose a serious 'time out,' which gave her an opportunity to assess the potential consequences of her behavior."

    In 1996, Jones called police after a quarrel with his then-wife, Deborah Jones, turned violent. Five months pregnant, she allegedly hit him with a flower arrangement and shower curtain rod. She was jailed on domestic battery charges.

      *** We would say that, circa 2002, Jones still had much to learn about parenting: namely, that force gets you nowhere. Jailing might have been an effective deterent if it had been independently awarded by the juvenile court, but when Daddy is doing it to "teach you a lesson," it is hard not to step up the rebellion ten fold.

      BTW: For what it is worth, Jones is an active Mormon. Even saints can have bad days. ***

6/24/06: SURRENDER IN MEXICO: Slaying suspect arrested: Fugitive back in U.S., awaits return to Nevada (RJ/sw) [Related articles]
    Reno businessman Darren Mack surrendered to the FBI and Mexican authorities late Thursday in Puerto Vallarta, Mexico, and was back in the United States on Friday awaiting his return to Nevada to face murder and attempted murder charges.

      *** This ends our coverage of the Reno Family Court Judge shooting. At this point, it is no longer a divorce case but a societal retribution case (i.e. criminal). ***
Media Hysteria Case #300345: Final Disposition
6/24/06: Teen sentenced in gym attack: Sierra Vista High School student gets 30 days in juvenile detention (RJ/lm) [Related articles] Here are our own photos of the same hearing.
    The 17-year-old Sierra Vista High School student accused of sexually assaulting a fellow basketball player was led away in handcuffs Friday after a judge sentenced him to 30 days in juvenile detention.

    D---- S----'s family members sat slack-jawed after Family Court Judge William Voy sentenced S---- to 30 days in the Clark County Juvenile Detention Center and two years' probation.

      *** This case was driven by media histeria from Day One. Of the dozen students involved in an alleged hazing incident, only this youth was charged. The charges were initially quite lurid, but the youth was convicted of much less, and the judge acknowledged from the bench that the crime was "non-sexual" in nature.

      The low point of the hysteria was when the Review-Journal (i.e. Rebuke Urinal) printed the youth's name and yearbook photo, in violation of the usual custom of protecting the identites of juveniles. (The TV stations, however, declined to name him.) Thus, the youth became publicly associated with the most lurid of the charges, which were never proved.

      In our opinion, this is an incident that should have been handled as a disciplinary matter within the school system. That it became a criminal matter and a sex-tinged witchhunt is due largely to the R-J. ***

Our photo...
6/23/06: Sierra Vista Basketball Player Sentenced in Hazing Case (KLAS) [Related articles] We attended the hearing an took some photos, which will be posted here later.
Lack of Temporary Foster Families
6/23/06: Good foster fit elusive: 'Legal risk' program leads to packed shelter, empty beds at potential homes (Sun/tc)
Schmidt Rights Preserved
Judge won't cut parental rights: Mom's removal from teen's life ruled not in girl's best interest (RJ/hb) [Related articles]
    In a written ruling issued Thursday afternoon, Hardcastle argued that there was no compelling reason to terminate Schmidt's parental rights because Brittney would remain with her foster parents for the rest of her childhood and would "not be physically reunified with her mother."...

    Clark County District Attorney David Roger promised to appeal the ruling because there is a slim chance that Schmidt could get out of prison before Brittney turns 18.

6/23/06: Police Believe a Hotel Guest Left Dead Infant (KLAS/lp) [Related articles]
Not Good for the Reelection Campaign
6/23/06: DOMESTIC VIOLENCE CHARGES: Arrest not first at judge's home: Police reports detail three other incidents (RJ/mk) [Related articles] On the Tuesday arrest of Steven Jones, the chief judge of the Family Court. (He handles mostly divorces, with a few additional duties as Chief Judge.)
    The arrest this week of a Family Court judge on allegations of battering his girlfriend is the fourth time in four years that police have arrested someone in the judge's home on domestic violence charges.

    Three of the four times police were called to intervene in a family fight at the Henderson home of Judge Steven Jones unfolded in the past 14 months, according to police records obtained by the Review-Journal.

    The reports show that in each case, police left with a resident of the home in handcuffs facing a misdemeanor domestic violence charge.

      *** This is a surprising event that we weren't expecting. Definitely not good P.R.

      What do you think of that mugshot? It is way different than his official photo. (Note to Judges: If you are going to get arrested for domestic violence: Get a shave first!)

      In fairness, the three other cases mentioned in the article may not have involved Jones directly, only his family members and ex-girlfiend. The sole allegation against Jones remains to be proven. (In volatile domestic situations, the person making the charge is sometimes the instigator.)

      We have never visited Jones' courtroom. He seems generally well-regarded by lawyers. He has a 85% retention rating in the Review-Journal Lawyers Poll. ***

Reilly Bows Out
6/22/06: Rogers tabs Reilly for job as vice chancellor (RJ/ap) [Related articles] The County Manager, responsible for the selection of Thomas Morton as DFS Director, has resigned, effective Aug. 17.
Mental Health Issues
6/22/06: ABANDONED INFANT: Dead baby found in hotel trash: Police believe newborn's mother may have been guest at Mirage (RJ/dk) [Related articles]
    The newborn found at The Mirage was discovered on a conveyor belt in the resort's trash processing facility on the first floor, Roberts said. For her to wind up there, police said, she probably would have been dropped down a garbage chute.

    Garbage chutes are located on each floor of the hotel and lead to the central processing plant, police said.

    The chutes are locked and accessible only to the staff, but police believe the infant may have been wrapped in something like a blanket and placed in a wastebasket inside a hotel room. A housekeeper then may have unwittingly dumped the trash and the infant down the chute, Roberts said.

      *** The mother, we can tell, has "mental health issues," probably Bipolar Disorder and a concurrent Axis I personality disorder. All of this will come come out at trial but is unlikely to sway the D.A. at all, except that he won't ask for the death penalty.

      We say Bipolar Disorder rather than Major Depressive Disorder because she didn't give birth at home. She managed to make her way to Vegas, a place of excitement when one is manic.

      Very disorganized thinking in this one. Certainly not much in the way of premeditation. It is certainly easy enough to rid yourself of an infant legally, but the subject just doesn't have the ability to think things through. She's like, "Aggggh! Look what came out of me! Get rid of it!"

      As readers may know, we don't get too choked up about infant deaths. (See our 2/6 commentary.) Whether naturally or unnaturally, it has always happened and always will. This child, evidently, was not yet connected to the world, so the effects of her passing are minimal. Our focus is on children who are still here. ***

        On 6/22 at 6:55pm, an anonymous correspondent writes:

        Mr. Campbell,

        Your most recent comments about mental health issues that supposedly plague the mother of the child found in the Mirage trash, your unconcern for the life of an infant are over the line.

        You sir, may well want to consult someone about your state of mental balance.

          We reiterate: We have no concern for children who are already dead; only those still alive. Finding and punishing the perpetrator also does not interest us. Our "public retribution system" (i.e. the criminal justice system) will handle the problem with its usual blunt force -- Lock 'em up, throw away the key. -- without any input from us.

          Our interest is Family Court, not criminal court.

Call in the Vigil Squad!
6/22/06: Dead Infant Found in Trash at The Mirage (KLAS/) With video. [Related articles]
    Metro Police are investigating the death of an infant found in the garbage facility at the Mirage hotel and casino Tuesday night. Police tell Eyewitness News they are investigating what they are calling a suspicious death.

      *** Here we go again! Crystal Figueroa all over again.

      This case will be taken care of very quickly, however. The list of suspects is limited to registered guests in the hotel and their associates. Most ladies don't get pregnant then unpregnant without someone noticing.

      Quick, let's organize a vigil! — while the kid's identity is still unknown.

      One thing we shouldn't expect to see is one of those makeshift streetside memorials. Mirage management won't go for that. ***

A Mother in Need of Services
6/22/06: Woman, 22, arrested after leaving two children in car (RJ) [Related articles] See other comments below.
    A 22-year-old woman was arrested on two counts of felony child endangerment after she left her two children, a 7-year-old and a 2-month-old, in a car about 1 p.m. Tuesday while she went into a local welfare office, Las Vegas police said.

      *** She is 22 and her oldest child is 7, so she gave birth when she was about 15 and got knocked up at about 14. No doubt, there is no useful father in the picture and the woman is greatly in need social services, beyond just welfare. Unfortunately, they are services that the county doesn't have.

      The problem with harsh prosecution of this woman — and even holding her in lieu of bail — is that the kids are now thrown into an overburdened system, which might not be a whole lot better than the mother's own care. ***

Another Slow Day in Mediaville
6/21/06: Mother Charged After Leaving Kids in Car (KLAS/kp) [Related articles]
    A local mother was arrested and charged after leaving her two young children in a car Tuesday afternoon while temperatures outside were in excess of 100 degrees. The children, a 7-year-old and a two-month-old were taken to the hospital after one child showed signs of heat exhaustion.

    The mother, Sylvia Rede, is in jail and her children at with Child Protective Services. Rede was inside the welfare office at Nellis and Bonanza when a state worker noticed the children alone in the car and called police.

      *** It's another slow news day in Mediaville. It's June, which means we need kids-left-in-hot-cars stories -- just like homeless stories at Christmastime.

      Hey, here's an idea: WHY NOT JUST RECYCLE LAST YEAR'S STORIES! No one will ever know.

      Did the kids really need to be taken into custody? At that point, after authorities arrived, the danger had passed, hadn't it? Do we really need this additional burden on Child Haven? (Which, of course, is way over capacity already.) Is this what we are going to do in every kid-in-hot-car case? It is a stupid act on the part of the parent, but it isn't quite drug abuse or physical assault, and the lesson might have just as easily been learned by a citation to appear in court. ***

6/21/06: Search For Missing Child Shifts Gears (KLAS/cs) [Related articles]
    The police are not on an active search for Everlyse Cabrera, the two-year-old girl who disappeared ten days ago from her foster family's home. The active search is off because police don't have any new leads. They are now targeting the valley's Hispanic community in an effort to generate new clues about Everlyse.
Why Not Wayne Newton?
6/19/06: WHY NOT WAYNE NEWTON: If Thomas Morton Can Become DFS Director, Can Anyone? (FCC) A two-page printed flyer distributed at the Family Court and to various other county offices.

    "Just trust me," the County Manager seems to be saying, and we really want to, but there are too many red flags. The deeper we look at Thomas Morton, the more we feel railroaded. The obvious innuendo is that he was "juiced" into this position through hidden connections and probably would not have survived any competitive process....

    Think about it: If Thomas Morton can become DFS director, with no agency management experience, no competitive process, and not even, it seems, so much as a Google search of his background, then why can't anyone? Why not you? Why not us?

    Why not Wayne Newton?

Here is one of our most effective methods of flyer distribution (outside DFS headquarters)....
6/18/06: Foster father speaks: Man says family has cooperated in search for missing toddler (RJ/dk) [Related articles]
    Police have said the foster parents, Manuel and Vilma Carrascal, stopped cooperating with them early last week. They have not been charged with any crime.

    The man told Channel 13 that after the girl was reported missing, North Las Vegas police came to his home and conducted a thorough search, looking inside every cupboard and even in luggage. "They were not looking for a girl who was alive but one who was dead," he said.

    Police also interviewed family members separately for hours at a North Las Vegas police station, he told Channel 13, calling the experience emotionally, physically and mentally exhausting. "Sometimes

6/17/06: Rogers woos Thom Reilly for COO post (Sun/cl) [Related articles] It seems that in addition to looking for a new DFS Director, we will also be looking for a new county manager. (If Reilly doesn't take the university position, the vibes say he'll be going somewhere else.) This may change the politics a bit.
6/17/06: Jaded Justice (Sun/tc)
    Some Nevada judges take campaign contributions from lawyers who have business before the court. Other judges rule on cases involving their friends. And some jurists deal lucrative cases to longtime associates. The findings, detailed in a lengthy report last week by the Los Angeles Times, should shake the Nevada judicial system to its roots. But that's not happening.

      *** The article makes no mention of Family Court, so we'll have to naively assume that it doesn't happen here. ***
Bergeron Redux
Photo: Glenn Campbell. More photos
6/17/06: Bergeron case comes before judge again: Justice to rule on parental rights of mother of paralyzed girl (RJ/hb) [Related articles] This is an account of a second Termination of Parental Rights trial, following a similar trial a year ago in which the mother's rights were not terminated. The new petition appears to have been justified by the incarceration of the mother, who was prosecuted by the criminal division of the D.A.'s office after Hardcastle failed to terminate parental rights. (See our WITCHHUNT flyer.)
    For the second time in a year, Clark County Family Court Judge Gerald Hardcastle is deliberating the fate of a girl left paralyzed in a 2003 stabbing attack and the mother who wasn't there to protect her.

    Testimony ended Friday in a trial that will decide if Tamara Schmidt should be stripped of her parental rights, clearing the way for her 14-year-old daughter, Brittney Bergeron, to be adopted by her foster parents in Las Vegas....

    Attorneys on both sides are predicting victory for Schmidt based on comments by the judge and key testimony from a county social worker called to testify for the prosecution on Friday.

    Georgina Stuart of the Clark County Department of Family Services told the court that the best thing for Brittney would be open adoption by her foster parents, but that would require Schmidt to voluntarily give up her parental rights.

    When asked if it would be in the child's best interests for the court to forcibly terminate Schmidt's rights, Stuart said no.

    ...The testimony also was hard on Stuart, who was assigned to Brittney's case in February 2005 and has forged a relationship with both the girl and her mother.

    When Duffy first asked her opinion about what was best for Brittney, Stuart started to cry and had to ask the court for a short recess.

    Hardcastle later called Stuart's testimony "heroic" and questioned what prosecutors hoped to gain by severing all legal ties between Brittney and her mother.

      *** We were present at the hearing and dispute the newspaper's account that the witness "started to cry."

      It would be more accurate to say that she "temporarily lost her words." The word "cry" implies a loss of emotional control, which was not evident during the testimony. The witness indeed exhibited "emotion", which was a pleasant change from the more flat and clinical testimony we usually get from caseworkers. However, the witness seemed fully aware of her emotions, and when they threatened to interrupt her speech, she — not the judge — requested a brief recess.

      (The pause also turned out to be useful for dramatic effect.)

      To be at temporarily loss for words, which often happens in moments of insight, is different from "crying." Crying is a specific physiological phenomenon, like sneezing or hiccuping. The corners of the mouth turn down, and the lips may quiver. In the unrestrained form, rhythmic wailing sounds are emitted from the mouth, and the body collapses in a pathetic heap.

      "Cry" also implies liquid tears, which were not in evidence. From our vantage point approximately 20 feet from the witness (10 feet closer than the R-J reporter), we detected no visible lacrimal emissions — at least at the macroscopic level. (We did not investigate at the microscopic level.)

      Of course, to the mainstream press all forms of emotion must fit into one of several simple categories. Stuart's response was not "laughing," so it must have been "crying."

      In any case, this modest show of feeling in no way diminished the credibility of the state's witness, the child's caseworker, who then proceeded to demolish the state's own case.

      We wonder who the District Attorney was representing in this action. As we understand it, the D.A. is supposed to represent the position of the caseworkers. In this case, however, the D.A. seemed to have gone out on its own, seemingly unaware of the wishes of its own client, and acted more as an independent prosecutor. We suspect that better communication between counsel and client might have revealed the embarassing testimony and eliminated the need for this hearing.

      Now that the child's caseworker has declared in open court that she does NOT believe that Termination of Parental Rights is in the child's best interests, is the D.A. still going to proceed with its appeal to the Supreme Court of Hardcastle's TPR denial? If so, who is the D.A. now representing? The D.A. is apparently not representing the position of DFS anymore (unless the caseworker's superiors overrule her judgment). Is the D.A. now directly representing the child's wishes, without the mediation of the caseworker? If so, how has it determined what those wishes are? Or is the D.A. perhaps representing the position of CAP attorney Steve Hiltz, who performed his usual ineffectual squawking during the hearing and definitely supports termination?

        (As usual, Hiltz's courtroom performance was of no material impact and was frequently interrupted by an annoying chorus of "Objection!... Sustained.... Objection!.... Sustained...." Hiltz's turn to speak is not always useless to the audience, however: I can be a good time to go out for a cigarette or a cup of coffee.)

      It is clear that the child will be cared for and will not go back to the mother during her minority, so why can't we lay this matter to rest? It all boils down to that simple question: Who is the D.A. representing? ***

    Schmidt's attorney said he fears an adoption would result in the mother-daughter bond being snuffed out completely, especially considering what he called "the bias" against Schmidt shown so far by Brittney's foster parents and her caseworkers.

    Caruso said some members of Brittney's "team" haven't merely failed to implement the reunification plan ordered by the court, they have actively campaigned against it.

    In one particularly glaring example, Caruso pointed to a report urging jail time for Schmidt that was submitted to the judge in her criminal case by Kimberly Coats, a special counsel [CASA] appointed by Hardcastle to oversee the reunification plan in Family Court.

    Coats acknowledged Friday that she thought Schmidt deserved to go to jail for neglecting her daughters, but she denied allegations that she actively worked to keep Brittney and her mother apart.

      *** Judge Hardcastle directly questioned the CASA volunteer while she was on the stand. He made it clear, from the content of his questions, that he felt it was inappropriate for an officer of his court to make a sentencing recommendation in the criminal court based on that authority. By recommending jail time for Schmidt in the criminal courtroom, which would delay reunification, she was in effect working against Hardcastle's own orders to facilitate reunification.

      It is easy for a CASA volunteer, with great enthusiasm and minimal training in law, to get caught up in supporting the child and what they think is good for him, even if the court stands in their way. In fact, their first duty is to report to the court and take instructions from the court, since the court is the source of their power. This is a subtlety that CASA management should be watching out for, since most volunteers don't have the time or experience to build up this kind of operational knowlege. ***

    BTW: Here are some photos of the lawyers talking to the media after the hearing: Brigid Duffy | Steve Caruso.

6/17/06: Wounded judge was 'calmest person there': Search for Reno killer-sniper suspect continues (RJ/sw) [Related articles]
6/17/06: MISSING GIRL: Prior injury investigated: Foster family involved in past incident (RJ/dk) [Related articles]
    The North Las Vegas Police Department is investigating an earlier incident involving injury at the home of the foster family caring for Everlyse Cabrera, the 2 1/2-year-old girl who went missing June 10.

    Police on Friday would not comment in depth about the incident but said it took place four or five months ago and involved another foster child in the care of Manuel and Vilma Carrascal. Everlyse had been in the family's care two months before her disappearance....

    Clark County officials on Thursday confirmed that a foster child was injured in Carrascals' home but the injury was "deemed unintentional." The child was not removed from the home because of any injury, county officials said.

    The police, meanwhile, said that two companies offered rewards for information on Everlyse. Meadow Dairy Gold of Las Vegas offered a $10,000 reward and the Carole Sund/Carrington Foundation is offering a $5,000 reward for Everlyse's safe return.

      *** From a public relations standpoint, it is important to get on this bandwagon early. For a relatively small investment of $10,000 that might not have to be paid, Meadow Gold can become the Official Dairy of the Everlyse Disappearance. ***
6/16/06: Father Questioned Why He Left Kids Alone in Hot Car (KLAS/ab) [Related articles] This is where the reporter gets two stories for the price of one. She is already in the Family Court parking lot for the Bergeron story. For another one, all she has to do is look around for kids left in cars. It's always an easy story this time of year.
6/16/06: County to seek help with Child Haven: Bids to be sought from national agencies (RJ/ap)
    For months, the county has made a plea for Southern Nevada residents to open their homes to foster children. So far, the effort has not been successful.

    "The community has been incredibly generous with donations," Palma said. "On the other hand, it has a hard time opening homes to foster kids."

    The seven cottages on the Pecos Road campus are designed to accommodate 105 children.

    On Thursday, 194 infants, children and teens crowded the facility. That number was down slightly from recent days, after some children were placed with other agencies, hospitals were asked to hold off on transferring some 50 babies and emergency foster families had reached their limit. In all, there are 385 children in shelter homes....

    In an attempt to reduce the population at Child Haven, Clark County commissioners are expected in July to issue requests for proposals for national agencies and providers to help recruit foster families, provide care to medically fragile children and assist in placing siblings.

    "We need to get kids in homes," Assistant County Manager Daryl Martin said of the county's latest effort.

    County administrators said that until bids begin to filter in, it is unclear how much the contracts will cost the county.

    "We're going to notify the board we're going to do this; we have no choice," Reilly said. "There will be a price tag. It may involve startup costs to attract organizations to set up shop here."

      *** There are many interesting things in the article. First of all, we have Thom Reilly playing a very active role. He is our de facto DFS Director, which may actually be an important education for him.

      A second thing — which may be only coincidence — is that there is no mention of Thomas Morton in this article.

      A third point is an apparent stated willingness to spend money.

      Maybe it does take a crisis to get things moving.

6/16/06: Vigil for missing girl goes on: Authorities investigated injury of another child in foster family's care (RJ/fm) [Related articles]
6/16/06: Foster Family Process Questioned (KLAS/lp) [Related articles]
6/16/06: Reward Offered in Las Vegas Missing Toddler Case (KLAS) [Related articles]
6/15/06: Study Busts Meth 'Myths,' Says Abuse Is Not an Epidemic (AP) [Related articles] A study by The Sentencing Project claims that abuse of methamphetamine is not a raging epidemic in America and reports of spread are grossly overstated. [alternate search for article]
6/15/06: LETTERS: Family Court shooting highlights problems (RJ) [Related articles]
    When litigants are run through the Family Court bureaucracy like cattle, they become more than emotionally upset; sometimes they appear to be insane. That is understandable when a person's family and finances are ripped apart and they are dragged through a sluggish, inept system.

    Post Traumatic Stress Disorder is a common illness that occurs from the legal abuse one is subjected to during protracted Family Court litigation.

    After spending more than a decade trying and failing to reform the Family Court system in Clark County, and being denied fatherhood for no apparent reason, I learned firsthand that the corruption runs deep and equal rights are nonexistent. Family Court divides and destroys families for profit.

    To the readers who don't understand how Family Court actually operates, one day you or a loved one will find out. Then you will be looking for some lawyer or activist group to help you. It would be better to recognize the problem now and get involved in reform.

    Last year, Family Court judges lobbied against the equal rights for parents bill, and it was dismissed by our lawmakers. The Family Court judges clearly control the Legislature, as well as our families.

    Alan DiCicco
    KINGMAN, ARIZ.
    THE WRITER IS FOUNDER OF THE COALITION FOR FAMILY COURT REFORM.

6/15/06: [Nye County] Teen charged with murder in shooting of 12-year-old friend (RJ/dk) [Related articles] (In Nevada, a murder charge is automatically passed to adult court.)
6/15/06: [Reno] California focus of search for suspect in judge's shooting (RJ/sw) [Related articles]
    In another development, Moraga, Calif., detectives said Mack might make contact with a person in that San Francisco Bay Area community. Police there went to the residence of Jeff Donner, a cousin of Mack, who had reported being telephoned by the suspect 15 minutes after Weller was shot. Law officers determined Mack had not been there.

    Donner told reporters Wednesday that Mack's "message was 'If anything happens to me, please make sure that the true story about the injustices that are going on in that courtroom get out to the media and the public.'

    "He was just obsessed with bringing this judge down. Not physically. I never heard anything like that, but by reputation," Donner said.

      *** On the contrary: This is the best thing Mack could have done for Weller's reelection campaign. Talk about name recognition!

      Our prediction: The suspect is currently dead somewhere of a self-inflicted gunshot wound. ***

6/15/06: Police: It's unlikely girl left on own: No trace of toddler found in 12 square miles (RJ/fm) [Related articles]
    The foster family stopped cooperating with the investigation on Monday, after they were brought in for more interviews. Bedwell said, however, "That's their right and they opted for that. We have to respect that. I'd prefer people not read too much into that." He added they are not suspects and are welcome to talk with police anytime.

    Bedwell said investigators are looking at five major scenarios surrounding Everlyse's disappearance: she walked away on her own; she walked out of the foster home and was abducted by someone; someone came into the home and abducted the girl; she was abducted by a relative; or something happened to her inside the foster home.

6/15/06: Two Juveniles Charged With Murder of Pahrump Boy (KLAS/lp) [Related articles]
6/15/06: Search Keeps Heading in Foster Parents' Direction (KLAS/cm) [Related articles]
    The I-Team has learned this is not the first time a foster placement in the Carrascal home has ended badly. Sources tell the I-Team a foster child previously in the Carrascal's care suffered a third-degree burn. The child was burned so badly the wound required daily dressing changes at a local hospital. The I-Team was also told the injury was reported to the Clark County child abuse hotline, but that it appears Child Protective Services did not investigate. Instead, CPS removed the child from the Carrascal's care only to place Everylyse Cabrera and her brother with the family some time later.

      *** This is where we need a strong media-savvy DFS Director, front and center, guiding the press coverage, since there is a lot a potential damage to the foster system. ***
6/14/06: Pahrump 12-Year-Old Shot in Head (KLAS/lp) [Related articles] The suspects in the case may be juveniles, but they would be handled in Nye County, not Clark County.
6/14/06: Manhunt for Reno pawnshop owner continues: Arrest warrant issued in slaying of suspect's estranged wife; judge's condition upgraded (RJ/ev+sw) [Related articles] Includes details of the divorce that lead to the shooting.
6/14/06: National Organization Involved in Missing Girl Case (KLAS/mg) [Related articles]
6/14/06: Vigil Held For Missing Girl (KLAS/aa) [Related articles]
6/14/06: Neighbors hold evening vigil for 2-year-old girl missing since Saturday (RJ/fm+dk) [Related articles]
6/14/06: Series on Las Vegas Judges Renews Calls for Reform (LA Times)
    *** What is the sense in these "vigils" anyway? What is their purpose? People seem to expend a lot of emotional energy on them. Do they actually improve child welfare? ***
6/13/06: Foster Parents of Missing Toddler Uncooperative (KLAS/ab) [Related articles]
    *** This is going to be big. Think Crystal Figaroa.

    BTW: KLAS is turning into a pretty good news source. Of course it's television news, but it occasionally blows away the newspapers in their written coverage. There are real news articles online, not just the video broadcasts. It seems, in fact, that KLAS is moving into the newspapers' territory, beating them by a day on most stories and selling advertizing on the side. There might be a plan here. ***

6/13/06: State of Nevada Could Have $500 Million Budget Surplus (KLAS/cm)
    *** We know an appropriate destination for some of that surplus: Mental health facilities and services for children (including both juvenile offenders and foster children). This is probably the single most significant lack in the juvenile justice system at present. There are almost no inpatient mental health treatment facilities for children, so some juvenile offenders with diagnosed illnesses must be sent as far away as Texas. ***
6/13/06: Selection of judges might change: Series of articles highly critical of current process in Nevada (Sun/ag) [Related articles]
6/13/06: A dollar a page? Public documents can be costly (Sun/tp) [Related articles] Court documents at the Family Court also cost a dollar a page.
6/13/06: Mother throws self into search: Girl hasn't been seen since early Saturday (RJ/fm) [Related articles]
6/13/06: Las Vegas courts tighten security after shooting (RJ/lkb) [Related articles]
    *** On our visit to Family Court today, we detected precisely no change in security. ***
6/13/06: WOUNDED AT THE COURTHOUSE: Judge shot in Reno: Pawn shop owner sought in sniper incident, separate slaying (RJ/ev+sw) [Related articles]
6/13/06: Reno Police Have 'Person of Interest' in Judge Shooting (KLAS) [Related articles]
    *** The concept of a "person of interest" is rather dubious. Either he is a suspect or he isn't. ***
6/13/06: Worries besetting attack survivor, foster mother says: Bergeron has made progress, woman testifies (RJ/hb) [Related articles]
    *** The Bergeron case just goes on and on. This new termination trial is a senseless waste of court resources, kept alive mainly by the CAP attorney and public pressure on the D.A. Whether or not the mother's parental rights are terminated is 99% moot, since she will be in prison for the rest of the child's minority. The child is a pawn in this silly game. ***
6/12/06: Foster Parents Speak Out About Broken System (KLAS/ds) [Related articles]
6/12/06: Judge Shot in Reno Courthouse, Police Search For Sniper: All courts in Clark County have been put on high alert. (KLAS) [Related articles]
6/12/06: Toddler Missing from North Las Vegas (KLAS) [Related articles]
    Two days of intense searching failed to turn up a missing toddler girl. The two-and-a-half-year-old disappeared early Saturday morning from the home of her foster parents.

6/12/06: Time short in search for girl: 2-year-old has been missing since Saturday (RJ/fm) [Related articles]
    North Las Vegas police Capt. Tony Scott said that the 2-year-old woke up sometime after 1 a.m. Saturday, used a stool to climb up and unlock a deadbolt on the front door and wandered off.

    Bedwell would not say why the foster parents, whom police did not identify, waited four hours to report the child missing. He said the foster parents have been interviewed by police. They had not been foster parents before taking in Everlyse and her brother, authorities said.

6/12/06: FROM MURDER CASE, A BOND: Twins now part of LV officers' lives (RJ/bh)
6/11/06: Girl reported missing from NLV home (RJ) [Related articles]
6/10/06: How Some Nevada Judges Stay Under the Radar (LA Times)
    One Nevada judge was nearly indicted on blackmail charges. Another ruled repeatedly for a casino corporation in which he held more than 10,000 shares. Still another overruled state authorities and decided in favor of a gambling boss who was notorious as a mob frontman, and whose casino did the judge a $2,800 favor.

    Yet the Nevada Supreme Court has conferred upon these judges a special distinction that exempts them from some of the common rules of judicial practice and reduces their accountability. They are among 17 state judges whom the high court has commissioned as senior judges.

    Unlike regular judges, senior judges are not answerable to the voters, but serve at the pleasure of the high court, and that can mean for life. Unlike regular judges, they can reject assignments until they are given a case they want to try. Unlike regular judges, they cannot be removed from a case by peremptory challenge. And until last year, they did not have to disclose their financial interests.

6/10/06: Would-be foster parents get busy -- signal: Lots of them calling, but they can't get through to Family Services (RJ/lkb)
    [County Manager] Reilly said Thursday that the county had licensed more than 200 new foster homes since May 2005 when a recruitment campaign was started.

    However, when compared with the number of inquiries made, that seems like a low return, Lichtenstein said. In May 2005 alone, 631 inquiries were made. In February, Family Services received 1,300 inquiries regarding the foster parent program.

    Tom Morton, incoming director for the Department of Child and Family Services, said those figures aren't surprising.

    It's typical to lose about 50 percent of interested foster family candidates at each step in the process, he said. Of those who inquire, about half will attend an orientation. Of those who complete foster parent orientation, only about half will go on to the training. And of those who start training, only about half will complete it.

    "You have a lot of people who respond to this with an emotional reaction to call, and not a lot of thought about how it's going to affect their family," Morton said.

6/10/06: Teen found guilty in hazing (RJ/lm) [Related articles]
6/9/06: Coach says teen called hazing a 'play rape' (RJ/bh) [Related articles]
    *** Not only is the newspaper printing the name of a juvenile defendent. It is now publishing his photograph — taken inside the courtroom. How is this possible? ***
6/9/06: Gifts lift hopes for children: Temporary respite for Child Haven (RJ/lkb) [Related articles]
    Three months from now, Child Haven will have desperately needed additional space to shelter abused and neglected children, thanks to a donation of time, materials and $511,500. The donation, which will allow for the speedy expansion of Howard Cottage, was hailed Thursday by Clark County officials dealing with the problem of where to put a growing number of minors taken into protective custody.

    Child Haven already turned its gymnasium into a makeshift dorm for boys and has temporarily closed its doors to hospitals holding infants who require emergency shelter.

6/8/06: CHILDREN IN NEED: Waiting for a home: Child Haven has reached capacity with no relief in sight (RJ/lkb) [Related articles]
6/8/06: County's Children in Dire Need of Homes (KLAS-TV) Video news report. [Related articles]
6/8/06: A Court of Their Own: Cops expect to make 5,000 prostitution-related arrests this year. Do we need a special court to handle them? (LV_Weekly)
6/1/06: Child endangerment, negligence or other charges are unlikely in lake drownings (RJ/lkb) [Related articles]
    "We have not charged any parents for negligence down at the lake," Natalie Collins, spokeswoman for the U.S. Attorney's Office for the District of Nevada, said Wednesday. But, she said, "we definitely look at these kinds of incidents seriously."

    Donna Coleman, former president of the Las Vegas Children's Advocacy Alliance, said that wasn't good enough. "I'm sure these will be considered accidental deaths," said Coleman, who now lives in California and is allied with the Washington-based group Demanding Justice for America's Children. "We have to really look at that. It's like when you're drunk and you roll over on a kid and smother them. Is that accidental?"....

    Coleman said she feels sympathy for the parents of the two girls, but thinks parents should be held accountable in these types of deaths.

    "Many times people do not prosecute because they feel parents have suffered enough," she said. "It's a tough, sad call. But on the other hand, we legislate for car safety for children. We legislate that children can't sit in the back of pickup trucks. What about water safety?"

      *** How could parents be held more "accountable" than losing their child? We can't see any conceivable value in prosecuting parents in the accidental deaths of their children except in extraordinary cases involving some form of illegal activity. The kid is already dead; prosecution doesn't bring them back. Prosecution "sends a message" to no one. No matter what the sentence may be, it in no way affects the safety practices of the next family out on the lake.

      The fear of their child dying is the most powerful motivator a parent can have, and losing the child is the greatest possible punishment. If you also tell them, "If your child dies, you may be prosecuted," that doesn't affect the equation. No one is planning for their child to die. If you prosecute an already grieving parents, it is just government sadism, nothing more. ***


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