CAST OF CHARACTERS

 

 

 

Joseph Peniston Sprivey, Jr., a convicted violent felon and habitual offender

 

Coweta County Solicitor Robert Stokely, Long Haul Trucker by Night, Lawyer by Day

 

Cathy Porter, victim of domestic violence and mother of a 6-year-old little girl, who she can only see supervised once a week for a half hour

 

[Update:  Mom now has shared custody, regular visitation every other weekend with a convicted batterer.]

 

Peggy Poe, Supervisor, DFACS case worker

 

Carol Orleck, Guardian Ad Litem

 

Superior Court Judge John Simpson, who signed the stupid custody order

 

 

 

 

[Note:  This case is a classic example of how broken the family courts have become, and that is why this case is on the Internet. 

When a convicted violent felon can prevail in a custody case, there is definitely something terribly wrong with the system.]

 

Heavy Hand of Justice, Custody Switch, By Jill Kramer

http://www.canow.org/issues/famlaw_custody.html

 

 

 

American Judges Association on NOT giving custody to an abuser:

 

http://aja.ncsc.dni.us/domviol/booklet.html

 

Threats to Harm or Take Away Children: One of the most common reasons given for resuming an abusive relationship is the fear that the abuser will act on the threats of taking the children from the victim. Studies show that batterers have been able to convince authorities that the victim is unfit or undeserving of sole custody in approximately 70% of challenged cases.

 

 

American Prosecutors Research Institute, National District Attorneys Association

 

Research against Parental Alienation Syndrome, and how it’s used against mothers.

“PAS Presumes a Disadvantage to Women in Child Custody Determinations”

 

 

 

 

IN THE SUPERIOR COURT OF COWETA COUNTY

STATE OF GEORGIA

 

JOE SPIVEY, JR.,                                                                                            :

                                                                                                                           :

     Plaintiff,                                                                                                        :

                                                                                                                           :

vs.                                                                                                                      :                          CIVIL ACTION FILE

                                                                                                                           :

CATHY PORTER,                                                                                           :                            NO. 2001-V-947

                                                                                                                           :

      Defendant,                                                                                                   :

 

FINAL ORDER

 

     The above-styled matter having come on for hearing, and, after due consideration of the evidence and argument of counsel, it is hereby

 

     ORDERED that the Court finds that there has been a change of condition as alleged by the Plaintiff, and the Order of this Court entered in Civil Action

 

99-V-345 is hereby modified as follows:  [No findings of fact, no change of condition, and contrary to Georgia Civil Code 19-9-3,  according to witnesses, no

 

hearing of  evidence of domestic violence. Judge didn’t want to hear it.  Dad is a violent convicted felon.  Judge Simpson what were you thinking?]

 

     The Parties shall retain joint legal custody of their minor child, _______________ SPIVEY; but henceforth the Plaintiff shall be the primary physical custodian

 

for said child. 

 

     The custodial rights of the Plaintiff shall be exercised in accordance with the recommendations of the guardian ad litem, as contained in her report filed

 

with this Court.  Accordingly, the Plaintiff is ordered to comply with the following conditions:

 

     (1)  Plaintiff shall have an alcohol assessment within sixty (60) days from the date of this Order and shall follow the recommendations of the assessor.

 

     (2)  The Plaintiff shall use no alcohol in the presence of the minor child.

 

     (3)  The Plaintiff will undergo random drug and alcohol screens as requested by the Coweta County Department of Family and Children Services.

 

            [He’s a habitual DUI offender.]

 

     (4)  The Plaintiff shall not discuss adult matters with the minor child and shall make no disparaging remarks about the Defendant in the presence

 

 of the minor child.

 

      The Coweta County Department of Family and Children Services shall continue to monitor the child’s placement with the Plaintiff for such periods

 

of time as they deem to be reasonable, to insure compliance with the foregoing conditions.  [And that includes preventing the child from disclosing abuse

 

during her paltry half hour once a week visits with mom.]

 

     The Plaintiff is further directed to obtain counseling for said child to monitor the issue of whether or not the child is being placed in the middle of any

 

conflicts between the parties hereto.   Such counseling shall commence within sixty (60) days from the date of this Order, and shall occur as recommended

 

by the Coweta County Department of Family and Children Services over the next six (6) months.

 

      The Defendant my have visitation with said minor child under the supervision of the Coweta County Department of Family and Children Services, and

 

under such terms and conditions as are recommended by the Department.  The Defendant may have unsupervised visitation at such time as she has complied

 

with the following conditions:

 

    (1)  She shall obtain a comprehensive examination conducted by a licensed psychiatrist or psychologist which shall include testing, and unsupervised visitation

 

may occur at such time as the psychiatrist or psychologist reports to the Coweta County Department of Family and Children Services that the Defendant is not

 

likely to inflict emotional abuse upon the child.  [Another major error, Judge Simpson what were you thinking?  You cannot delegate judicial authority to DFACS.

 

See Wrightson v. Wrightson [3]  We agree. "Visitation privileges are of course, part of custody" [Cit.] Prater v. Wheeler, 253 Ga. 649, 322 S.E.2d 892 (1984).  It is the trial court's responsibility to determine whether the evidence is such that a modification or suspension of custody/visitation privileges is warranted, and the responsibility for making that decision cannot be delegated to another, no matter the degree of the delegatee's expertise or familiarity with the case.   While the expert's opinion may serve as evidence supporting the trial court's decision to modify or suspend visitation, the decision must be made by the trial court, not the expert.   Accordingly, we reverse that part of the visitation portion of the final judgment which states that supervised visitation "shall be suspended or modified during such time that either therapist determines [appellant] presents a risk to [the child]," and remand the case to the trial court for modification of that portion of the final judgment.  Cf.  Chandler v. Chandler,  21 Ga. 598(1), 409 S.E.2d 203 (1991).  And Carol S. Bruch, Parental Alienation Syndromes and Parental Alienation:  Getting It Wrong in Child Custody Cases.] 

 

     (2)  So long as there are no incidents between the parties hereto with or without the child being present that are initiated by the Defendant.

 

            [He stalks, batters, uses weapons to intimidate women, yet mom is held responsible?]

 

     (3)  The Defendant does not discuss adult matters with the child.  [While they – Carol Orleck’s GAL report coming soon] don’t specifically mention PAS, PAS is lurking behind this – Parental Alienation Syndrome --  Yes, the child disclosed -- that’s why mom lost custody.  She believed her and took her to the hospital – Major mistake, mom – this is the quickest, slam-dunk way to lose custody of one’s child.]

 

Update:  Dr. Richard A. Gardner who wrote Parental Alienation Syndrome recently committed suicide.  He took various prescription medications and then stabbed himself to death.  For more on Gardner see:  

 

http://cincinnatipas.com/richardgardner-pas.html [suicide site]

 

http://www.leadershipcouncil.org/Research/PAS/PAS2/pas2.html [Dallam, S .J. (1998). Dr. Richard Gardner: A review of his theories and opinions on atypical sexuality, pedophilia, and treatment issues. Treating Abuse Today, 8(1), 15-23.]

 

http://www.gate.net/~liz/liz/lizonpas.htm [Why PAS is NOT a syndrome!!!]

 

http://worldnetdaily.com/news/article.asp?ARTICLE_ID=16109 [Gardner theories detailed on World Net Daily]

 

Also, Ralph C. Underwager, Gardner’s cohort in syndrome fabrication, designed to penalize protective parents, especially mothers, who wrote False Memory Syndrome, also died recently.  Fore more on Underwager see:

 

 http://trishwilson.typepad.com/blog/2003/11/a_pedophile_sup.html

 

http://www.nostatusquo.com/ACLU/NudistHallofShame/Underwager2.html [Underwager’s Paidika interview]

 

 

     (4)    The Defendant shall make no disparaging comments about the Plaintiff.  [More PAS, mom is held accountable.  Dad is not. PAS is only used against women.]

 

     Defendant is further directed to continue with counseling to work on issues identified by her comprehensive assessment.  [Mom is ordered into counseling

 

which she cannot afford, yet dad who has an extensive criminal history of violent crimes, only is ordered into alcohol and drug screening?]

 

     The Defendant is directed to refrain from any contacts with the child at school or in settings not specifically authorized by the Coweta County Department

 

of Family and Children Services.  Defendant may have reasonable telephone contact with the child on Monday, Wednesday, Friday and Sunday of each week

 

between the hours of 7:30 p.m. and 8:00 p.m., and the Plaintiff is directed to make the child available to speak with the Defendant on these occasions.  The

 

Defendant shall confine her telephone conversations to not exceed ten (10) minutes in length unless otherwise agreed between the parties.  [Contrary to federal

 

Law – mom has every right to visit the child at school.]

 

                                                                                                                                                           ____________________________________

                                                                                                                                                            JUDGE, SUPERIOR COURT

                                                                                                                                                            COWETA COUNTY, GEORGIA

 

Order prepared by:

 

___________________________________

GUS L. WOOD

Attorney for the Plaintiff

Georgia Bar No. 774200

 

Approved as to form:

 

____________________________________

RUFUS SMITH, JR.

Attorney for the Defendant

Georgia Bar No. __________

 

 

 

Joseph Peniston Spivey, Jr., in and out of prison much of the last decade, wins custody, by allegedly setting Cathy Porter up for criminal prosecution.  Solicitor Robert Stokely, who claims to be good buds with Joseph Peniston Spivey, Sr. is prosecuting Porter, not Spivey, Jr., with his long arm of the law for allegedly stealing a piece of mail from Jr.’s, girlfriend’s, mother’s mail box.  Even though Stokely kvetches that his office is understaffed and needs more money, more attorneys, more victim witness money, without jurisdiction, he plans on litigating this case in jury trial.  She has signed affidavits attesting to the fact that she was at work at the time of the alleged incident.  Betcha the Coweta County taxpayers would be in an uproar over this.

 

"It's a waste of taxpayers' money. We can't have a solicitor arbitrarily selecting the cases," said Commissioner Lawrence Nelms. http://www.thecitizennews.com/main/archive-000901/news/cow-03.html

 

According to sources, Stokely fired his victim witness assistant, told her she couldn’t talk to victims, and ordered her to leave the courtroom when she tried to help Porter.  He told me he didn’t believe in battered women’s hooey, that he was a battered man, and he knows how allegations battering are used against men in a divorce.  Yet, he wants more money for his victim witness program?

 

Stokely contends that the district attorney's office isn't supposed to get any of that money unless the county has no established and certified victims witness/assistance program and he says the only one here that meets that criteria is his.” http://www.times-herald.com/archives/news/2002/0506.html

 

“It seems that every couple of months, I receive my Times-Herald only to find our solicitor embroiled in some petty cat fight. The most embarrassing, of course, when he contacted the head of programming of GPTV to relay his disgust with the airing of ‘Madame Bovary.’,,,,Our commissioners are the stewards of our money. Solicitor Robert Stokely is not. His job is to prosecute cases and help make our county a little safer. Stokely needs to stop using his position for the purpose of intimidation and front page appearances.”  http://www.times-herald.com/archives/opinion/2001/0728.html

 

“The latest chapter in the contentious saga between the Coweta County Commission and Solicitor Robert Stokely unfurled Tuesday with the county criticizing the solicitor for going outside of his domain.” http://www.thecitizennews.com/main/archive-010216/news/cow-06.html

“Commission Chairman Robert Wood was obviously angered to learn that Stokely had gone over the commission's head or behind its back straight to the Governor's office to seek additional money.” http://www.times-herald.com/archives/news/2001/0606.html

http://www.thecitizennews.com/main/archive-020419/news/cow-04.html

"We’re one person away from not being able to get the job done," Stokely said. "There’s probably not a tougher case to [prosecute] in court than a DUI, there are so many technicalities."  http://www.ga-drunkdrivinglawyer.com/media/atlanta-journal-dui-defense-success.htm

 

Coweta County, well-known for not appointing lawyers for indigent defense, and was sued last year by the Southern Center for Human Rights for systematically denying poor criminal defendants their constitutional right to counsel.  Yet Joe Peniston Spivey, Jr. prevailed in using a nolo plea against Cathy Porter in a custody case.  The Judge told her that because she could not afford an attorney, she had to plead.  Even though Porter claims innocence, she was accused by Spivey, Jr.’s girlfriend of beating her car with a stick.

 

Joe Jr.’s convictions include possession of a firearm by a convicted felon, criminal attempt to commit burglary, carrying a concealed weapon, stalking, criminal trespass, assault and battery, and several DUI’s.  In 1992, Joe pinned Cathy to the ground, while his girlfriend, Suzy Hand aka Rita Hand, beat her with a night stick.  Both were convicted of aggravated assault.

 

When Joe got out of jail, he moved in with his dad, Joseph Peniston Spivey, Sr., and Cathy was living with her daughter in a two bedroom condo and working for Panasonic in Peachtree City as a computer board function tester.  Cathy claims that Joe Jr. has a history of filing charges against her in an effort to keep her entangled with the courts, immobilized, so he would win custody.  According to Cathy, three months, after he won custody the first time, he offered to return her daughter in exchange for sex.  They met at Cathy’s attorney’s law firm.  Dee Crouch drafted an order, which was signed by both parties, and after oral sex between the parties, the child returned the following day.

 

Six times she moved back in with Joe Jr., and each time he beat her and kicked her out.  According to Cathy, he enlisted his sister in begging her to return from Texas where she and her daughter lived in a spacious home near her father’s home.  She said he promised her he would work things out and not hang around with his biker friends, and that he wanted to be a family.  She fell for it.  Joe Jr. set her up

 

Family Courts Committee Members

 

http://newnan.com/newcomers/county1.html

 

cowetacounty@mindspring.com

 

Newnan City of Excellence

 

On Line Coweta County Discussion

 

Georgia Department of Human Resources

 

Coweta County Victim Witness Assistance - (770) 254-7350

 

Gus L. Wood

15 Jefferson Street
P.O. Drawer 1608
Newnan, GA 30264
770-253-9885; 1-800-346-5357

gwood@woepa.com

 

Delia T. Crouch

8 Lee Street
Newnan, GA 30263
770-304-3642

DeeCrouch@aol.com
http://www.lawyers.com/crouchlaw

 

Judge John Simpson
Coweta Judicial Circuit
P.O. Box 338
Carrollton, GA 30117-0338
770-830-5855
FAX 770-830-5857

 

<<< BACK