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Trial in Canada / The Power of the System / Murtari Update

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Date: Mon Dec 30 2002 - 16:02:12 EST

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Good People & People of Faith:

This message contains information on:
1. Upcoming trial in Canada - Steve Osborne
2. The Power of the System - Kay Henson
3. Murtari update - petitioning Senator Hillary R. Clinton

1. Upcoming trial in Canada - Steve Osborne
Submitted by Steve Osborne (,

Its been busy here the last couple of weeks.  The time that I should
have been spending preparing for trial has been usurped by another 2
court actions launched in mid December.  6 of the parties I have
subpoenaed to give evidence at my trial have raised applications in
court to quash their invitations:

1/ The Honourable Martin Cauchon, Minister of Justice and Attorney
    General of Canada.

I haven't asked for Mr. Cauchon's personal appearance, I just want some
records from his department.  Records of complaints against the 2
family court judges here and from a conference in 1991 that I'm told
the judge in my case attended and may even have been a presenter at -
"The National Symposium of Women, the Law, and the Administration of
Justice."   Being the Minister, Mr. Cauchon is protected by what's
called "parliamentary privilege" and therefore he can't be forced to

2/ The Right Honourable Beverly McLachlin, Chief Justice of Canada and
    Chair of the Board of the National Judicial Institute.

I haven't asked for the Chief Justice's personal appearance either, but
I am more than a little interested in the training materials the NJI is
using in the realms of family law, custody and access, domestic
violence and gender sensitivity.  The gentleman that responded on her
behalf, Mr.  George Thomson, has admitted in his affidavit that they do
what he calls "skills training" and "social context training" up there
behind closed doors, so the reasons that family court judges don't
think - and rule - the way the rest of the world does is likely rooted
right there.  When judges are taken aside and given training that is
kept secret from the society/community they are supposed to be serving
the whole of the administration of justice is in deep trouble, and
that's why they want to keep this stuff under wraps.

3/ Jeannie Thomas, Executive Director of the Canadian Judicial Council

The CJC is the body that governs the conduct of federally appointed
judges.  Complaints go there for resolution.  I haven't asked for her
to come down personally, anyone can bring the records of complaints
against the judges in question here, and I want the stats on complaints
against  judges related to family matters.  I wrote these people way
back when I first learned it was all right to lie in court so long as
it wasn't a big lie, and they wrote back telling me that they couldn't
act unless a judge acted in a manner incompatible with the "due
execution of the office of judge", which the big lie thing did not
qualify as.

I can't imagine anything that could be less compatible with the due
execution of the office of judge myself.

4/ Mr. Justice David Smith, Chief Justice of the Court of Queen's Bench
    of New Brunswick.

Mr. Justice Smith is credited with some comments in the paperwork
disclosure has generated, and has been the recipient of letters from
the judge that heard my family matter for some 3 years, all trying to
have me stopped, removed or somehow silenced from raising the questions
I have raised in front of the court here.  I have already conceded that
his appearance will not be necessary, I'll get the info directly from
the horse's mouth so to speak, the guy who's been writing all those
letters to him.

Mr. Smith's application to quash was filed even before he had been
served his subpoena.  An interesting turn of events, launching an
action prior to having the papers to launch the action against.......

5/ Mr. Justice R. James Williams.

Mr. Justice Williams is a family court judge in Nova Scotia who
published an article on the topic of judicial notice and the courts'
acquisition of social science, otherwise know as "social context
training".  Half of my defense of justification is the public interest
involved in my work, so when we find out why Mr. Justice Williams
published his mastoral thesis in #14 Canadian Family Law Quarterly that
branch is covered.

6/ Mr. Justice Weldon Graser

Mr. Graser is the other family court judge involved in my family law
case.  Once it has been established for the jury who he is, what he
does and where he does it I have only one simple question for him: is
it all right to lie in your court too?  I don't even care what his
answer is, a yes is good for my case and a no is good for my case.

Mr. Graser also raised his application before he had been served his
subpoena.  The applications were filed and served on me less than 36
hours before the first appearance was made in the matter, so I was able
to successfully argue for an adjournment to give me time to respond to
the whole thing.  The judge hearing the trail had to come down from the
northern end of the province, a 4 hour + trip, and he'll be back to
hear the arguments on December 30th.

That will establish which of the parties will have to give evidence.
Its ironic that the most powerful and influential people in Canada's
legal system - people with unlimited budgets from public funds - are
all looking for a way out of testifying, while some fine people that
have agreed to come give evidence supporting my position are begging
and borrowing to find their way here.  The people with the biggest
stake are bailing out, like rats off a sinking ship, rather than lining
up to defend a brother judge and their so called "social context

If there wasn't something wrong with what they're doing one would think
they'd be lined up to get here, proud of their work and
accomplishments.  This may turn out to be the most telling development
of all when its said and done.

The trial is still scheduled to go ahead on January 6th.  Legal Aid has
not yet responded to my requests for funding to bring in my witnesses. 
I am not surprised, what with me self defending and all.  I am not
going to have the experts I had hoped to be able to bring in it looks
like, and that will be a distinct disadvantage for my case, one that
might be pivotal, but what can't be cured must be endured and I'll find
a way to work around the problem.

Legal Aid hasn't even refunded the monies I have spent on service of
process and such like, disbursements any attorney would have to make in
any case on behalf of a client.  Its not a large amount, only about
$350, but when one considers my income is $363 monthly things look a
bit different-no Christmas here this year.

I spent Christmas day in front of the court here again, year number 4
for me.

I'd like to thank the people that responded to the messages on this
list.  A nice lady out west sent me a cheque for $100, which allowed me
to arrange for more service that would have had to be forgotten without
her donation, and there's been some mail as well.  Without the support
of people like these ones I'd have been finished long ago, and I want
to make sure their contributions are acknowledged-much appreciated.  I
haven't been able to keep up with most of the contacts, its been more
than a little hectic here, but I'll try to do better once things calm
down, unless I'm on a state enforced / sponsored rest for a while that
is!  Damn those torpedoes.

Steve O

2. The Power of the System - Kay Henson

Submitted by Suzanne Shell (

For Immediate Release
Dec. 28, 2002
Family & Youth Institute

After reviewing all evidence in her probation revocation hearing, the
Administrative Law Judge (ALJ) has ruled in favor of Kay Henson and
refused to revoke her probation as demanded by Walworth County
Probation Officers Eileen Haffey and Catherine Kozminski. Kay is the
Walworth County, Wisconsin pastor's wife who pled no contest to simple
battery for spanking her disobedient 10 year-old son on the bare bottom
with her left hand. She was placed on eighteen months probation with a
recommendation that probation be terminated after six months of no
violations. There were no violations during this period of time.

After Kay was invited to appear on a Warner Brothers talk show to
reveal government abuses associated with her criminal and civil cases
that arose out of the spanking, Walworth County probation began to seek
reasons to revoke her probation. Kay was jailed three times while she
was investigated for probation violations. She has been in jail for
more that three months awaiting her probation revocation hearing.

"This is nothing more than the state exerting legal force to control
adult political behavior through the removal of children or through
incarceration on trumped-up charges," said Suzanne Shell, Director of
the American Family Advocacy Center. Shell believed the children were
at risk of unnecessary removal and advised Kay's husband, Slade, to go
into hiding with them. When the state was unable to seize the children,
who have remained safe and well-cared for with their father, agents
began to escalate their efforts against Kay by denying her access to a
law library and legal materials; by blocking her calls to her
advocates, attorney and other supporters; by denying her needed medical
attention; and by attempting to coerce her into revoking
herself. Additionally, her revocation hearing was delayed four times.

The basis of this revocation hearing was a video tape of her children
playing in the neighborhood, filmed by neighbor Marcia
Koehler. Ms. Koehler has been described in the court's order as having
purchased her video camera for the sole purpose of video taping the
Henson children and commenting "there you are, you stinker" when Aliyah
appeared in view of her camera. Ms. Koehler filmed the Henson children
from behind bushes. Supporters of the Henson family suggest that
Ms. Koehler was engaged by Walworth County Probation officers to
'catch' Kay 'neglecting' her children.

"Walworth County has demonstrated a pattern of abuse and harassment,
under the color of law, against this mother and her children," said
John Welker, Executive Director of the Family & Youth Institute, who
has been assisting Kay and her attorney on this case. "They have held
her on trumped-up allegations because she has been outspoken in her
criticism of the abuses she and her family have endured by Walworth
County employees and because she has refused to buckle under their
threats and intimidation."

The Family & Youth Institute, whose national headquarters is in
Shakopee, Minnesota, was instrumental in obtaining competent legal
representation for Kay's revocation hearing. Jack Hoag, Kay's attorney,
commented that 95% of these hearings result in revocation of probation.

The ALJ refused public or media access to the hearing, which was held
in the Walworth County Jail in Elkhorn.  Kay remains in jail and there
is no word on when she will be released. It is unlikely that she will
be released until the Department of Corrections has exhausted their
appeals, if they choose to pursue an appeal. If Kay is released, she
will remain on probation until February.

The entire chronology on Kay's case is available at

For further information, contact the Family & Youth Institute at
952-445-2590 or at The mission of the Family
and Youth Institute, FYI, is to provide educational and other resources
to family members who feel that their constitutional and/or civil
rights are being, or have been, violated by governmental authorities
during domestic dissolutions where child sexual abuse has been alleged
and/or during child protection interventions.

3. Murtari update - arrested again.

John returned to the Syracuse Federal Building again today in a
continuing effort to petition Senator Hillary Clinton regarding
Family Law reform.  There are background and details at the site,

John was arrested and charged with loitering and trespass.  He was 
taken into custody by Syracuse City Police and should be arraigned 
tomorrow in Syracuse City Court.  There may be additional Federal 
charges filed for violating a Judge's order on Thursday.  The group PR person, 
Mary Jo Marceau-Hawthorne, was the only other person present when John 
entered the building.  She paid a visit to Senator Schumer's office.

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