[AKidsRight.Org] Winkler Case - Mom murders Dad, FIT parent? Yes?

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From: John Murtari (jmurtari@AKidsRight.org)
Date: Sat Sep 29 2007 - 15:27:03 EDT

Good People & People of Faith,

1) Mom murders Dad, FIT parent - yes?
2) No more overnights - money doesn't matter....
3) Need FEEDBACK - chalk case law.

1) Mom murders Dad, FIT parent - yes?
Sometimes the news covers something that may help us put things in
perspective.  One recent controversy was Alec Baldwin calling his
daughter names -- it appears the consensus was although not the nicest
thing to do, he was still a FIT & EQUAL parent.

Now we have Mary Winkler, in case the name doesn't ring a bell, this
is the woman who killed her husband the church minister. She served
about 7 months in jail and was released.  For the full details check
CNN: http://www.cnn.com/2007/US/law/08/14/preacher.slain/index.html

It appears she now wants to have custody of her children restored;
three girls, ages 2, 8, and 10.  For more detail on that:

Some parent's rights advocates have skewered the very idea that
custody would be restored.  Let me start by going back to the standard
we have at our web site, http://www.AKidsRight.Org/approach.htm :

That you and your spouse are both considered Fit & Equal parents
(equal in terms of both physical and legal custody).  If anyone (a
spouse, relative, social services) wishes to challenge that, you have:

1) The right to counsel.

2) The right to be presumed a fit parent, innocent, and deserving of
an equal relationship with your kids.

3) The right to protection of a criminal jury and a unanimous verdict.
The "state" needs to prove you were a demonstrated serious and
intentional threat to your child's safety and that you acted with
mal-intent towards your children.  

This is our goal and it seemed pretty good?  But if I apply it to this
matter I have to imagine that Ms. Winkler will be a FIT parent and
government has no right to interfere?  I'm not sure, but I don't think
a 12 person jury of her peers would find her guilty on #3 above?

Do we need a new goal?  And while you are thinking about that, how
about this one.  You are going through a divorce:

YOU are involved with the kid's activities at school, physically fit,
healthy lifestyle, and the kid's love to be with you.

THEY are not interested in school, let the TV entertain the kids at
home, overweight and a chain smoker, and the kids don't like to be
with them.

Are you EQUAL & FIT parents? What do you think and why?  If the
'system' was fixed the way you wanted it -- how would both of these
cases be decided?

2) No more overnights - money doesn't matter....
So many parents out there think that if I had just had a better
lawyer... that if I had just had more money.... I wouldn't have
problems seeing my kids!  That certainly has not been true for some
famous actors, Alec Baldwin, and now some recent news on Charlie
Sheen, again from CNN.  The details are below. It would almost be
funny if the same thing wasn't repeated hundreds of times a day in
other courts...


LOS ANGELES, California (AP)  -- Denise Richards has asked a court to
stop allowing ex-husband Charlie Sheen to have overnight stays with
their two young daughters...

In a filing Tuesday in Los Angeles County Superior Court, Richards
said the children have resisted spending the night at Sheen's home and
"often returned sad and upset," according to court papers obtained by
syndicated TV show "Access Hollywood."

The 36-year-old actress also requested that Sam, 3, and Lola, 2,
undergo therapy.

Richards said she's concerned that Sheen engages in "inappropriate
behavior" on the Internet and doesn't understand how that affects "the
child-rearing of two young daughters."

"Virtually all of these allegations were previously raised and were
denied by Mr. Sheen," the actor's attorney, Lance Spiegel, said in a

Sheen, 44, has complained that Richards is interfering with his
relationship with their daughters since the couple's bitter divorce
last year...

"Clearly the mother of my children has no interest in responsible
co-parenting when it comes to my relationship with our girls," Sheen
said in a statement

3) Need FEEDBACK - chalk case law.
I'm happy that I only spent the day in a holding cell last Thursday
and was released late in the day.  My Federal Trial for 'defacing
government property' by writing on the ground of the Federal Plaza
with kid's sidewalk chalk, starts on Wednesday, Oct 3rd, at 10AM.  It
will be in the Hanley Federal Building, the jurisdiction is the
Northern District of New York. You are welcome to attend, it would be
nice to see some people there.

I'm in the middle area, not poor enough for assigned counsel, but in
no way can I afford to hire an attorney for a Federal Trial. I will
be doing it myself.

I could REALLY use some help in finding some case law that says chalk
on the ground is OKAY on public property, and especially public
property controlled by the Federal Government. I haven't had a lot of
luck on Google.  If anyone has access to legal search resources, I'd
appreciate any FEDERAL cases you could send me, especially within the
2nd Circuit.

I also have two charges for contempt pending and am hopefully prepared
for those.

For full details and to see all the court filings, go to:

                                       John Murtari
Coordinator                            AKidsRight.Org
jmurtari@AKidsRight.Org                "A Kid's Right to BOTH parents"
Toll Free (877) 635-1968(x-211)        http://www.AKidsRight.Org/
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