Friday, December 7, 2012

Taking Advantage of the Disabled

Clerk of Court
Civil Division
Attention: Gail P. Henson
7 Church Circle
Annapolis, MD 21061

CC: Nancy Davis-Loomis,
Alison L. Atsi,
J. Michael Wachs
William C. Mulford
Robert Duckworth
Lavonne Watkins
Katherine Nutile
Ronald Bateman


To Whom It May Concern:

My name is James Armstead. I am writing this letter to explain the events that took place in court on December, 5, 2012. I am not sure who to turn to with my problem so I am sending this letter to all parties involved in this event, all parties involved in the case being mentioned, and all parties who have a say-so in court room decisions.

My wife and I went to the court yesterday, December 5th, for a child custody case (Case 02C11163021) around 8:45. For the past 7 months, every time that I come into the Circuit Court house, I have been stopped at the door, and every time, it is a different story. The first time, the said it was because they claimed that I called and was being rude to the court administrator supervisor on the phone. My wife, Krystal Armstead, went to the sheriff’s office and asked them if she could get documentation of the complaint. They had her sitting in the office for nearly an hour before coming back to tell her that she could not get a copy of the complaint because the case was still opened. They told her to wait a few weeks and then come back. When she came back, the went to the civil clerk to ask her why was I being escorted to court and they gave her a different reason, saying that I allegedly called the office and was rude with the civil clerk supervisor. My wife asked to talk to the sheriff who took the report. He was very rude with her, saying she didn’t have the authority to receive the paperwork from the office. My wife continued to return to the Circuit Court week after week, up until yesterday when we both asked to speak to the luitenant and her captain. They told me that I am not permitted into the court room with being escorted due to the alleged “threats to state official” pending charges that I have (case 02K12002212). They claimed that there is no written complaint, but that the employees fear for their safety. My name has been defamed all over the entire court system. When my wife calls to inquire about cases, they tell her that they need to speak with me. But when I call, they twist my words around and make false complaints saying that I threatened them.

During the custody hearing yesterday with Judge Alison Asti, I felt discriminated against and taken advantage of. I am severely dyslexic. I cannot read above a 2nd grade level. And I am often taken advantage of for my disability. My wife is the one who types all of my court documents, and helps to interpret mail from the court that is delivered to my home. During my merits hearing, Judge Atsi presented an order that was signed by Judge William Mulford stating that the “current child support order in Baltimore City is still in effect until further order of the court”. This document was dated March 9th, 2012. According to Master Bruce, the case in Baltimore City was invalid because “the case was out of jurisdiction since neither party ever lived in Baltimore City, and that the case would now be heard and opened in Anne Arundel County, the county of proper jurisdiction.”

Yes, I was very upset when I was presented with the order from Judge Mulford after my wife read out the document and explained to me what it said. I never received the document. Judge Atsi claims that I did receive the order because the court history docket states that all mail was sent out to each party. There is no proof that we received the mail, and my wife affirms that she never received the mail because she is the one who responds to all court documents in my behalf if we receive them. This has got to be at least the 10th or so time that the court claims that they mailed out documentation to me, and I didn’t receive it. And by the time I find out about the orders or court decisions, I am past my time limit to appeal the decision.

Judge Atsi claims that I knew of the order because my wife filed exceptions to Master Bruces’ ruling. No, my wife filed an exception to Master Bruce giving Matta Karimu (the other party in the case) more time to file her answer when this is the 3rd time that she was in default of filing an answer to my complaints.

From the moment that my wife and I entered the court room yesterday, it seems as though Judge Atsi knew of her decision. Custody Evaluator Katherine Nutile was a witness at the hearing. Though she claimed that her custody evaluation was complete, it wasn’t because she never completed her custody evaluation on me. She was supposed to come over our home and interview myself and my children, and basically look at our living situation. She never showed up, despite my wife’s many efforts to contact her. When she appeared in court, she told us that the reason that she did not come to our home was because she was instructed by Judge Michael Wachs not to come to our home because of the pending "threats to state official" charges! She claimed she mailed the court mailed the custody evaluation to our home, but we never got that letter either! The Judge sided with her saying that the docket shows that the letters were mailed to all parties. On the docket, it stated that Matta Karimu’s mail was returned back to the court house though she claims that she received the mail. That goes to show that the court docket is not always correct, since the person entering the information is only human and makes mistakes.

I didn’t want to hear any more after speaking with Katherine Nutile. She first stated that Judge Wachs told her not to come over my home, and that she had an email from him stating that he did not want her to complete her evaluation on me because of the pending criminal charges. Then after my wife asked her 3 times to read the email, she changed her story and said that it was Judge Nancy Davis-Loomis who sent the email, telling her that “Judge Wachs was on vacation” and that SHE  was the judge who told her not to come over my house due to the pending charges.

Throughout that case, my wife’s whole testimony was interrupted. The judge basically mocked the things that she said to support me husband or tried to turn her words around. My wife tried to explain to her why we believed the case in Baltimore should have been dismissed and considerer null and void, because not only was the complaint filed in the wrong county (because Matta Karimu never lived in Baltimore City nor did she live in the city when she filed the case) and I never received notice of the child support/ custody order because I was living in North Carolina at the time. There was no DNA test established and I never received a summons to go to court. The case was in effect for 2 and a half years before I even found out about it, and the only reason I found out about it was because I was pulled over for driving on a suspended license that was suspended for “noncompliance with a child support order” that I never even knew I was on! It wasn’t until then that I found out about the child support order in Baltimore. My wife and I had to go to Baltimore City to reopen the case just to ask for a dismissal.

Judge Atsi refused to talk about that case because she said that case was not relevant and that “it was in the past.” The past affects the future in case no one realizes that. Judge Atsi didn’t want to hear the history behind the case which would have really helped out my case yesterday. She spent so much time telling us that all of the issues that both myself and my wife tried to raise are in the past, and I need to move forward. She didn't care what we had to say, and seemed to mention things that she knew would make me upset. She mocked my wife when my wife tried to explain to her what she thought would be an appropriate visiting schedule for my son if I were to get full custody of my child. Judge Atsi tried to mock her by saying, “So, you think it’s appropriate to just give James custody of the child after the child has been living with his mother for 7 years? If you were a judge, what would you do?” She didn’t take into consideration the fact that Matta Karimu has KEPT me out of my son’s life for the past 2 and half years. Matta has placed over 17 false charges against me all as a result of trying to visit my child, which my wife tried to explain in court but was interrupted.

I repeatedly asked Judge Atsi could we continue the case to give us time to get a lawyer and give us time to try and appeal the order that we never received in the mail. Judge Atsi basically lied saying that she had no authority to make any postponements or continuances. We must have went back and forth until about 12:00 because she refused to continue the case.  Around 12:00, she told me that if I wanted to postpone my case, Ihad to speak with Judge Wachs because he was the postponement judge. She said we had to wait on him until 1:30! Our kids got out of school (in Glen Burnie, NOT Annapolis) early yesterday because of teacher work day and we had to be home to get them off the bus! She didn't care about that. She just told us that court was adjourned until 1:30 or we could see the postponement judge to get the case set off. We spent nearly an hour on the phone trying to find someone to pick our kids up and drop them over the babysitter’s house, who doesn't have a phone.

When we went to the Judge J. Michael Wachs at 1:30, he was confused as to why we were even before him. Judge Asti had told him that we wanted to dismiss the case and start over! He said since it was her case, SHE had to be the one to dismiss the case, postpone the case, or continue the case and she knew that! We sat in his room waiting to hear that for at least 40 minutes! We went back to her room, and she was basically smiling saying she didn't know she had "the authority" to postpone or continue the case. I was upset because no one is stupid enough to believe that a judge doesn't know what authority she has when she has the power to do almost anything in court! This isn’t my first time in court, and I wish the system would stop treating me like I am stupid just because they know I am disabled.

The case was long and drawn out for no reason. I didn't want to testify because he wanted to appeal the case at that point or continue it to another day. The judge had the nerve to say she wouldn't continue it because we had already spent all day in court! I had asked to continue the case from the beginning! She then said that I could either testify or he could dismiss the case and start over. I was forced into testifying because I wanted to continue the case. My wife’s testimony didn’t mean anything to the Judge because my wife cannot “speak” for me. I wanted my wife to speak for me because every time I speak out in court or even over the phone, my words are changed or either people often lie about what they say that I said.

I just wanted to get the entire case over with. They were already trying to do what they could to prove that I have an attitude, to try to support the other case involving "threats to a state official", a case which had nothing to do with whether or not I am capable of raising my own child.

Judge Atsi smiled while giving her ruling when she told me that I obviously had anger issues that I needed to deal with and that there were “programs to assist with that”. She said I needed to get some help. She tried to make us look stupid when we tried to explain to her that the reason I hadn't seen my son in almost 3 years was because the mother put over 17 charges on me, and every time I tried to see his son, the mother would call the police on me. The judge claimed to be neutral in the decision, but I knew by the way she was talking that she already had in her head that she wasn't going to help us.

Court went all the way until 4:35, when Judge Atsi claimed that the case had to be over by 4:00. I did not get the chance to present my case the way that I wanted to present it, and Judge Atsi would not let me explain the entire case. Though my wife is not a lawyer, she should have been allowed to speak for me especially when the court claims that I have an “anger problem”. My wife filled out the correct documentation to be able to accommodate me in court but the documents that she presents are always ignored.

How can a Judge purposely say whatever he or she wants to provoke you, but then penalize you saying that YOU are the one with the anger problem! She heard Matta herself say that she had several cases against me that were all dismissed or dropped. She heard Matta herself say that she didn’t want me near her son. She heard Matta say that she lied to have me fired from my old job. She heard everything that Matta did to hurt my relationship with my son, yet she still found it suitable to leave physical and legal custody with Matta Karimu, a mother who leaves her children at home alone, is very promiscuous, tried to commit suicide, and who manipulated the system to make it look like I am a criminal so that I can’t even attempt to go visit my son. The only ruling she could come up with was seeing my son at a parenting center every other weekend to help “reestablish our relationship”. What she wanted to say was that I have an “attitude” and that I do not deserve to be around my son, or that I need to be supervised around him.

The point I am trying to make is that the system is taking advantage of my disability. Everyone I talk to on the phone in the court house and even the child support enforcement office twists my words around so say that I am threatening them, and that is only after they get tired of me asking questions to mistakes that have been done on the cases that I have on file.

I am sick and tired of being taken advantage of. My wife has filed all of the correct paperwork to help my cases, but all her hard work is going ignored just because she is not a licensed lawyer. My life has been endangered and ruined over false accusations and false statements to police. I can’t even drive up the street or go outside with my kids without the police department watching. For months, they were following my wife. Yet, when she goes to the police department to ask questions about complaints put in against me, they claim there is no file just a verbal complaint.

Who wouldn’t be frustrated when even his own wife is being told she can’t do anything to help her husband because she is not a lawyer? Everything I say is a threat whether I intend it to be or not. You can only push a person to a certain point because he gets mad or frustrated or acts out. When slaves or anyone who is being held against his or her will get tired of being trapped in a cage, what do you think they are going to do when they get tired of being mistreated? Though that statement is not a threat, I know one of you reading this letter will take it as such! I am only going to take so much, especially when I try to do things the professional way.

For each of the people involved in this situation there are questions below that pertain to each person. I would appreciate if you would give me a call back upon receipt of this letter, since I cannot call the court house to ask ANYTHING without being lied on.

1)      Judge Nancy Davis- Loomis: Why did you tell Ms. Katherine Nutile not to visit my home on August 13th when I had a custody evaluation scheduled? Ms. Nutile told my wife that she it was okay to keep her informed about the case, and that once I got out of jail, to call her to reschedule the evaluation. What did a case involving “threats to a state official” (case 02K12002212), a case that I wasn’t even found guilty of, have anything to do with whether or not I can raise a child?! You cannot use that case against me to say whether not I can visit my son especially when I have not been found guilty. If you look over my record, Matta has placed nearly 17 charges against me, all of which have been dismissed. The current pending criminal case I have now involves calling child support, asking questions about mistakes done on file. I never threatened anyone nor is there proof that I did.
2)      Lavonne Watkins: I was not properly evaluated at my home due to Katherine Nutile not conducting her home visit. Visiting my home would have helped my case, yet she didn’t visit my home because a judge sent her an email telling her not to come. The order was for her to come to my home to conduct a visit with myself and my children, and it never happened. The order wasn’t revised to say to not visit my home, so why didn’t she do what was discussed with my wife and reschedule my home visit?
3)      Gail Henson: Mail is not being delivered to my home even though the court has my correct address. I am missing out on time to file appeals because orders and rulings are not being sent to my home in a timely manner if at all! Your clerk’s office is hurting my cases. I am disabled and cannot read. My wife is doing all she can do to help me but there isn’t much she can do if you don’t send the mail to our home.
4)      Ronald Bateman: If there are truly any complaints in the sheriff’s department barring me from coming into the court house without being escorted, I need documentation of such. Your office claimed that there was no file, yet my home was raided on August 10th because there was a complaint stating that I threatened one of the employees. All of a sudden in August there was written documentation. If someone says that I did or said something, there is documentation in your file. I would like to have it of I will have to sue and hire a lawyer to get the documentation for me. I have been asking ever since May 2012 and it’s now December, 7 months later.

Upon receipt of this letter, I would appreciate a phone call or a letter in return. I am being taken advantage of and no one will help me. Racism and discrimination have a lot to do with my ill treatment, I don’t care what anyone says. Every case I have in the system is based off of hear-say and no evidence, and I am tired of these problems going on ignored.

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