Complaint Submitted to California Commission on Judicial Performance
October 6, 2013
California Commission on Judicial Performance
455 Golden Gate Ave., Ste. 14400
San Francisco, CA 94102
Re: Suppression and manipulation of evidence of sexual abuse leading to child endangerment
Srikureja v. Dillon #05P000379
Orange County, California Family Court
This complaint is being filed against Judges Glenn Salter and James Waltz for suppression and manipulation of evidence in an apparent effort to silence a child and her mother about sexual abuse. This is also a complaint for actions taken to deter public scrutiny of the misconduct and bias involved in the concealment and disregard of the abuse. Their actions clearly violate the ethical code, as neither judge has acted fairly, competently, independently or honestly, which has led to the endangerment of the minor child, LD.
Acts of suppression include (but are not limited to): suppression of the mandatory investigation as per Family Code 3118 which was enacted specifically to help protect children from parental sexual assault (the court-appointed 730 psychologist was actually prohibited from doing it); suppression of the CAST forensic interview; suppression and disregard of other existing evidence; suppression of future evidence through the firing of a court-appointed psychologist who supports protecting LD and replacement with a psychologist who is known for aiding and abetting in the cover up of abuse; suppression of evidence of perjury by a senior social worker who was covering up the abuse; suppression of scrutiny by the media and the public via a gag order and closing the courtroom; intimidation of courtwatchers through requiring ID’s at the courtroom door; improper sealing of the record; suppression of evidence that the father has been out of the country for months leaving LD without a custodial parent (he left just days before police submitted charges to the D.A.’s office); prohibition of Dr. Dillon getting her transcripts for use in arguing her case to protect LD; threats that if Dr. Dillon did not stay quiet about the abuse, she would not get custody.
Despite all of the suppression, plenty of evidence did make it onto the record, but has been disregarded: reports from medical doctors, psychologists, police officers and others who believe that LD has been sexually assaulted by her father. This evidence, even without all of the suppressed evidence, easily meets the preponderance burden necessary to protect a child according to any rational, unbiased person and to followers of this case (see attached Facebook comments). On the other hand, the judges have taken custody away from Dr. Dillon with no evidence whatsoever that she is lying about the abuse. This is deliberate manipulation and distortion of the evidence showing bias. There is also apparent collusion amongst the judges, minor’s counsels, father’s attorneys, supervision monitors, CPS workers and others involved in the case, possibly even the District Attorney. There has been ex parte communications amongst officials which supports bias as well as misconduct.
In another similar case involving both judges, the sexual abuse of a girl by her father has also been disregarded and buried. In that case, despite the fact that the abuse had been substantiated, Judge Waltz took the girl away from her protective mother and gave full custody to the child’s identified assailant. Subsequently, Judge Salter continued to ignore the substantiation of abuse and has kept the child away from the mother, Charlene Funk, who was threatened with of loss of custody and visitation if she did not stay quiet about the abuse. Both judges have suppressed absolutely crucial evidence from the girl’s sister, now 20, who was not allowed to testify about the many years of sexual assaults which she had endured by the same father. This demonstrates a pattern of similar tactics being used by both judges to silence both mothers, which suggests there may be other cases in which evidence of abuse is suppressed.
The phenomenon of family court judges suppressing facts and evidence to conceal sexual abuse is an international issue which the public is finally becoming aware of due to publicity in mainstream and social media. In Australia, citizens and organizations are demanding the Royal Commission include Family Courts in their investigation of institutional cover ups of sexual abuse. Bravehearts specifically addresses the issue of Family Courts misusing privacy laws to shield perpetrators. http://www.heraldsun.com.au/news/national/bravehearts-hetty-johnston-calling-for-royal-commission-into-institutionalised-child-sex-abuse-to-focus-on-courts/story-fndo317g-1226629697152 and http://www.dailybinarynews.com/bravehearts-alleges-family-court-is-misuing-privacy-laws-to-shield-perverts/
There is an ongoing investigation of family courts in Denmark by the European Union. The head of the delegation reported to Parliament last month that family courts appear to be ignoring evidence and giving custody to abusers and molesters and recognized it is as an international problem. A delegation member said, “We’re talking about criminal activity [child sexual and physical assault]. Doing nothing would be like being an accessory to the crime.” We hope this Judicial Commission will not “do nothing”. https://www.youtube.com/watch?feature=player_embedded&v=jE3LpdsO0wE
The U.N. has received voluminous complaints and the Office of Violence against Women has received so many calls that they have commissioned more studies. A recent U.S. Department of Justice study led by Dr. Daniel Saunders has confirmed the problem. Other research includes works by Barry Goldstein, J.D., Geraldine Stahly, Ph.D., the Judicial Council, the National Organization for Women, scholarly books and autobiographies of Protective Mothers, and others which can be found on our website.
Safe Kids International organizes social media court-watches and other events to expose how children are being placed in the custody of their identified sexual offenders in spite of strong evidence. We recently sponsored an event in Orange County where Assemblyman Tim Donnelly listened in horror for six hours to distraught mothers, who, despite fighting valiantly for their children and spending every dollar on court proceedings, still lost custody to the abuser. Some have not seen their children since, and many have been bankrupted in the process. Many more legislators will become aware of this problem when a bill is introduced designed to get these cases out of family courts due to their improper handling.
Some of the factors to be considered when the Commission considers disciplining judges are the seriousness of the transgression, whether there is a pattern of improper activity, and the effect of the improper activity on others or on the judicial system. In this case, the transgressions are extremely serious, there is a pattern of improper activity, and the effect of the improper activity on others and on the judicial system is enormous.
Due to the seriousness of their transgressions, we are requesting that the Commission remove Judges Salter and Waltz from the bench, or at the very least publicly censure them. This will increase the public’s confidence in the California Judiciary and in the Commission’s role as an oversight entity. It will also set a precedent so other judges are less likely to engage in this type of judicial misconduct and bias.
It has been said: “As goes California…so goes the nation.” Only this time it can be the world.
Cindy Dumas, M.A.
Executive Director, Safe Kids International
*Attached is a list of people who support the complaint and comments from the Safe Kids International Facebook page. Many people also wrote emails to the Commission to support this complaint addressed through Victoria Henley.
List of felony charges recommended by the Tustin PD in the D.A.’s office (multiple counts):
CPC 288a - Lewd Act
CPC 273(a)(b) - Child Abuse
CPC 288.5 - Continual Sexual Abuse of a Child
CPC 289(a)(1)(A) - Anal Penetration
CPC 288a(a) - Oral Copulation
CPC 288.7(b) - Oral Copulation with Victim under 10 years old
Cc: Chief Justice Tani Sakauye and the Judicial Council
Attorney General Kamala Harris
Governor Jerry Brown
"Closed courtrooms protect two things – bad judges and bad lawyers...and also bad institutions that serve those courts, such as social services.”
Judge Judy Scheindlin
“You may choose to look the other way but you can never say again that you did not know.”
“Secrecy is the keystone to all tyranny. Not force, but secrecy and censorship. When any government or church for that matter, undertakes to say to its subjects, “This you may not read, this you must not know,” the end result is tyranny and oppression, no matter how holy the motives."
Robert A. Heinlein