Shodai’s Blog September 30 2009 10:05 am Playas de Tijuana, Baja California, México

Shodai’s Blog September 30 2009 10:05 am Playas de Tijuana, Baja California, México

Shiken haramitsu daikomyo!

It has been a while since I have written to you guys. It has not because I have not thought about you I promise. I received some bad, but I guess expected, news from the Court of Appeals – my appeal was denied. It took me a few days to refocus on my next move. The mail arrived to me on the 16^th of September, I think, and the Court had filed its Disposition (decision and reasoning) on the 11^th I think, I am not sure. After that I had to write a Petition for a Rehearing, in other words, why I think they are block heads and didn’t get it right. Here is my response to them – not my best pieces of literary work, but sufficient I think to keep the ball rolling:

CRITERIA FOR REHEARING:

The Disposition of the Appellate Court has been to affirm the Orders of the Superior Court. It is my opinion that the Disposition is in error and that this error reflects flaws in the Appellate Court’s analysis of my Case, my Briefs, and the arguments I present, flaws which include:

1. A misstatement of the facts of the Case and my Appeal;

2. Errors of law in both principle as well as in fact;

3. Significant omissions of the facts of the case as well as the law pertaining to the same;

4. Failure to recognize vital arguments made in support of my case; and

5. Failure to recognize the widespread abuse of judicial discretion throughout the Case and the relation that this abuse of discretion has had on the issues I present for appeal.

ARGUMENTS FOR NEED FOR REHEARING:

1. The Appellate Court’s disposition shows a failure to acknowledge citations and references to the record and case authority:

“Without citing to the record or case authority, Overton makes the general argument that he is entitled to a reversal because the trial court abused its discretion, there is no evidence to support the court’s findings, and the court discriminated against him.” (p. 1-2) (Italics and emphasis added)

With all due respect, this is a tremendous misstatement of the facts pertaining to the Opening as well as the Reply Brief. Specifically the Opening Brief contains 326 references to the Record – nearly 8 references per page. (See Exhibit 1 for the complete table of references for the Opening Brief.) As far as the Reply Brief is concerned, it contains much fewer references to the Record (approximately 8; see Exhibit 2), but makes references to 12 cases (See Exhibit 3) and 7 references to the Code (See Exhibit 4).

I am confused as to the Appellate Court’s statement that I have not cited the record or case authority and would respectfully ask for a clarification in this respect. I am not sure if the Appellate Court is referring to the same documents to which I am referring.

If the Appellate Court’s Disposition states that I failed to make references to the Record in my Briefs and if this statement is clearly inconsistent with the facts, then the following statement on page 7 of its Disposition is also inconsistent with the statement it makes previously on page 2 (cited above):

Overton violates the appellate rules by failing to “[s]tate each point” – specifically why the court abused its discretion designating him a vexatious litigant – “under a separate heading or subheading summarizing the point and support each point by argument and, if possible, by citation of authority. . . ” (p. 7)

Indeed, my Opening Brief individually documents each and every point in the Case identifying and systematically arguing when and where the Court has committed an abuse of discretion. Without revisiting arguments made in my Opening and Reply Briefs, suffice it to say that all of these items were connected directly to Motions denied by the Superior Court in the various Orders of 2008 under Judge Wolhfeil. The problem here with the Case is that, given the rampant abuse of discretion exercised by the Judges, an analysis of the Case without attention to the details becomes the proverbial nailing of jelly to the wall – which is why I painstakingly took the efforts to identify these issues which are endemic to the Case.

Additionally, my Reply Brief quite specifically, in the Table of Contents, identifies my arguments under the following headings:

n Evidence of “Bad Faith”/Justification for Imputation of Income arising from the Respondent’s use of Legal Expenditures ……………………………………………..…………….6

n Further evidence of the Court’s Bias and Discrimination against me……….……….7

n A long list of judicial improprieties, prejudice, racism, collusion with crimes of moral turpitude, and discretional bias………………………………………………..……………….8

n Judicial racism…………………………………………………………………………………………………..…12

n Judicial encouragement of crimes of moral turpitude………………………………………..20

n Wrongful designation as Vexatious Litigant…………………..……………………………………32

n Arguments re Intentional Infliction of Emotional Distress……….………………………..33

Each and every one of these headings addresses patterns of overall Judicial Abuse of Discretion culminating with the designation as a vexatious litigant. In fact, as stated, the entire point of my detailed summary of the Case in my Opening Brief has been to illustrate, document AND argue – point by point – the ongoing and practically ubiquitous Judicial Abuse of Discretion.

It would be safe to say that it is easy to miss the forest for the trees in this Case, but the forest is the trees, and the trees are steeped, from tips to roots in Judicial Abuse of Discretion. That is the problem: the Case begins with the mother’s (Plaintiff and Defendant) filing of a document that was obviously illegal. The Court refused to take issue with the evidence of perjury, forgery, and fraud, take sanction against the mother, or to compensate me in any way in terms of Costs, etc. Furthermore, once I filed to Vacate the illegal document the mother took another iniquitous step to accuse me in Court, without due process, of an intention to abduct the children. Again, the Court failed to compensate me or sanction her in any way, and even went out of its way to protect her by ordering the record altered to remove its own reference to her “perjury.” The Court denied me due process in terms of having my arguments regarding her fraud heard, and failed to vacate the Order based on her illegal Marital Settlement in a timely fashion. This is turn coerced me into having to enter into a Custody Agreement I would otherwise not have accepted. These issues became the basis for the entire Case and the Case has never recovered any form of stability or equity since: all other rulings have followed suit.

2. The Appellate Court’s disposition shows a failure to recognize a) the pattern of discrimination, ) b) racial discrimination, c) failure to rule in best interest of the children, d) recognize a “change of circumstance” and e) violation of due process – all of which constitute a systemic abuse of discretion on the part of the Superior Court judges.

This flaw in the Appellate Court’s reasoning leading to its Disposition becomes evident when it fails to recognize the point and need for me to make a detailed summary of the Case and provide an extensive references to the record in support of the same:

“However, only a small part of his summary and the lengthy record on appeal are relevant to the specific orders and judgment he purports to challenge in these consolidated appeals.” (p. 2) (Italics and emphasis added).

However, if we have already established that the Appellate Court in its review failed to recognize 326 references to the Record in its review of my Opening Brief alone, then it is not surprising that it would have likewise failed to recognize the intricate detail of my Case. This constitutes a fatal flaw in the Appellate Court’s analysis of the fundamental arguments of my Case, arguments which I outlined in my Opening Brief and re-emphasized in the Reply Brief.

The designation of vexatious litigant is a legal response to an alleged pattern of behavior on my part which spanned most if not all of the Case. In portraying me as a vexatious litigant, the Plaintiff (Ms. Dolansky) had to illustrate this pattern by referring to virtually the entire Court file. Since the Superior Court’s decision to find me a vexatious litigant is based on an alleged pattern which supposedly emerges from the details of the case, in order to refute the Superior Court’s ruling I must refer to the same details of the case and show that the pattern which materializes does not support the conclusion that I am a vexatious litigant; much to the contrary, it demonstrates that the Superior Court has been both discriminatory (in the mother’s favor), and lenient with the mother’s recurrent iniquitous tactics to the point of making deception and perjury a winning strategy.

My repeated motions before the Superior Court – which have been interpreted as meriting the designation of ‘vexatious litigant’ – have simply been in response to the Superior Court’s refusal to impose sanctions against the mother for her tactics, or even to alter its own findings and orders once evidence of her deception was brought to the forefront, as well as a direct result of the Superior Court’s blatant pattern of discrimination and racial discrimination.

Again, I have also accused the Superior Court of discrimination and racial discrimination and attempted to make the Case that this discrimination is evident in Judge Wohlfeil orders under appeal. This discrimination is manifested not by a single incident, but by a pattern of behavior which can only be substantiated by referring to the details of the Case. To be sure my accusations of racial discrimination are not the result of any particular Judge at any given time explicitly stating that his rulings or finding were the result of a racial bias against me or in favor of the mother. However, the racism becomes evident only when the PATTERN is extracted from a careful analysis of the positions the Judges have sustained throughout the Case.

The Appellate Court’s disposition states “It is fair to say that the litigation became increasingly acrimonious over time.” (p. 2) (Emphasis added) What the details of the Case demonstrate is that the acrimony present throughout the Case commences with the mother’s presentation of a falsified Marital Settlement Agreement, followed by a false charge of abduction of my children (which led to a Restraining Order against me), and continued incessantly and unabated with a series of false accusations on the part of the mother in her further attempts to interfere with my custody and visitation, as well as her false declarations and testimony aimed at the unfair, and successful, imputation of my income.

What the pattern shows is that despite my recorded efforts to unmask the mother’s iniquity, the record shows not a single sanction or consequence levied against her. This would make the Superior Court discriminatory both in its refusal to apply sanctions against the mother as well as discriminatory in its decision to apply sanction against me in the form of declaring me a vexatious litigant, especially in light of the fact that the designation is based primarily on my litigating against the mother’s (unsanctioned) pattern of iniquity, and the Superior Court’s refusal to act in the best interest of the children by a) taking action to protect their ethnic and linguistic heritage, and b) demanding psychological treatment of my son Alex as a requisite for the mother’s retention of custody. The Family Court’s failure to act in protection of the children becomes also a fundamental point of law as this is its primary mandate.

Throughout the Case, the Superior Court’s refusal to take action within its power against the mother – such as a finding of contempt of Court – only added to the degree of acrimony by providing her with a mantle of immunity and advantage: at best, when pressed, the Judges would vacate an order based on her deception, at worst they would refuse to acknowledge the issue altogether and allowed her to accumulate her ill-gotten gains – such as in the case of her false testimony before the Court leading to the imputation of my income on December 18, 2006.

Thus, the designation as a vexatious litigant in the atmosphere that I have amply described in the Superior Court is of itself evidence of discrimination: on the one hand my need to repeatedly bring the mother’s deception to the Family Court’s attention arises because of its refusal to take punitive and corrective action against her, on the other hand I am sanctioned for attempting to bring these same matters before the Court which have caused a significant material loss to my Case and situation.

3. The Appellate Court has not recognized the fundamental issue of the Superior Court’s violation of due process:

The Appellate Court makes the following statement in its disposition:

“Notice and the opportunity to be heard are key components of due process.” (p. 5. Emphasis added).

This is a key issue which Judge Wolhfeil violated. In fact, the issues of discrimination and even iniquity brought against the Superior Court become further apparent in the manner in which it not only refused to apply critical item 17 of the Final Orders of June 2006 against the mother’s custodial status, but then, without motion, hearing, or argument, removed that item altogether. This is a clear violation of due process and has been amply recorded, documented, and argued throughout the Court record as well as in my Opening and Reply Briefs.

As argued, Item 17 of the Final Orders, was introduced by Minors’ Counsel precisely because the mother’s demonstrated iniquity in her quest to curtail my access to the children. Judge Wolhfeil in one of the very orders I am appealing, removed item 17 altogether thus altering the Final Orders pertaining to Custody at his whim. If this does not constitute an abuse of discretion – if not of power – then the ruling by the present Court of Appeals establishes a clear and evident precedent that affirms that Superior Court judges – or at least Family Court Judges of the Superior Court – can, by their own impetus and fancy, alter Final Orders without due process, hearing, argument, or even a motion. – a violation of due process which the Appellate Court itself (above) has made clear to be a critical component of the law.

With all due respect, judges are people, and people are corruptible, which is why we have a system of checks and balances: senators, congressman, governors, and even judges have been prosecuted for corruption: Why bother appealing a judgment if you can otherwise ‘induce’ a Superior Court judge to simply alter the Final Orders in ANY CASE?

This disposition on the part of the Appellate Court would circumvent the entire concept of due process and even of the Court of Appeals itself; it would make Judges of the Superior Court vulnerable to all sorts of coercion or bribes and would undermine the entire judicial process.

4. The Appellate Court fails to recognize the Superior Court’s refusal (or professed inability) to consider a parent’s denial of psychological treatment to a 5 year old victim of rape, sexual abuse, and assault, as a valid “change of circumstances” as an abuse of a Judge’s discretion.

While we are on the issue of “best interest of the children,” it is noteworthy to make the following point: what “reasonable person,” parent, or judge – Appellate, Superior Court, Supreme Court, Family Court, or otherwise – would deny psychological treat to a five year old victim of rape, sexual abuse and assault?

Moreover, which of these individuals would agree to go on public record and stand by a decision to comply with the denial of psychological treatment to a child under these circumstances?

This is a clear point of this Case in which legal arbitrators must take a step back from the details of intricacies of their profession and simply take a good ole’ American commonsensical look at the FACTS, the PATTERN of the Superior Court’s ruling on the same: the Superior Court accepted the mother’s statement that she could not afford a forensic evaluation, priced at approximately $8,000, yet she was able to spend over $100,000 in legal costs – all from ‘subsidies’ from her parents, funding which preceded, as the printout of her bank account statements demonstrate, the litigation itself. The Superior Court was simply so intent on refusing to apply the LAW in terms of calculating the mother’s income FROM ALL SOURCES to my detriment in terms of calculating child support, that it also refused to recognize the mother’s true economic resources to the detriment of my son.

By affirming Judge Wolhfeil’s orders the Appellate Court as an institution is making the statement that it is legally and morally acceptable for a Family Court judge to accept the denial of psychological treatment to a child or children under conditions that in the State of California would constitute child abuse under the code.

While it is a fact that I am not an attorney, I would imagine that this would have farfetched legal ramifications in terms of precedents as well as in terms of the credibility of both the Family Court and the Appellate Court.

5. The Appellate Court fails to regard as an abuse of discretion a Superior Court’s refusal to consider the denial children’s ethnic and linguistic heritage as a “change of circumstances.” It also fails to regard as an abuse of discretion a Superior Court’s refusal to acknowledge a parents failure to comply with explicit Move Away criteria a valid “change of circumstances” for altering child custody or visitation.

Linked with the issue of what constitutes “the best interest of the children” is the issue of racial discrimination. I have made the argument that the Superior Court’s orders have refused to act in defense of the children’s ethic and linguistic heritage, items that were identified as critical to their wellbeing in Minor Counsels’ Statement to the Court. Once again, Judge Wohlfeil’s refusal to take sanction against the mother for her failure to provide the children with an environment identified as critical to their needs, and an explicit condition of the Move Away itself, is in violation of the children’s best interest and derogatory of the role that their multiethnic and bilingual heritage play in the healthy formation of their identity.

The Appellate Court’s disposition to affirm Judge Wolhfeil’s rulings would also affirm that a) the children’s ethnic and linguistic heritage is of no regard to the State of California, and b) that the conditions of a Move Away, explicitly stated by Minors’ Counsel and by Final Orders, are of no legal and binding consequence in Family Court. They are but a mere convenience to justify the Move Away and undermine the rule of law pertaining to the detrimental effects of the same to the children.

6. The Appellate Court has failed to recognize the intrinsic abuse of discretion in the Superior Court’s failure to act upon, or even adequately address, evidence of crimes of moral turpitude – perjury, fraud, forgery – on the part of the mother.

This issue is as central to the entire Case as it is to the legitimacy of the Superior Court, Family Court Division, and now by extension to the Appellate Court. These questions become points of law:

n Is a Court not obliged to take action against a litigant who has demonstrably taken measures to deceive it for the purposes of material gain against opposing party? Or alternative, does a Court not have the obligation to rectify its findings and orders when these are the result of a litigant’s deliberate acts of deception? The following are brief references to items amply documented in the Superior Court record and referred to, supported, and argued in the Opening and Reply Briefs:

o The Case begins with a Marital Settlement Agreement which by any standard of reasonable and objective analysis was fraudulent, and yet the Superior Court went to great lengths to avoid acknowledging or even HEARING evidence of foul play on the part of the mother or her attorney.

o The Case continues with false accusation of imminent abduction with include deliberately misleading testimony before the Court (March 2006) and result in my losing visitation and access to my children. The Court even referred to the incident – on the record – in terms of “perjury,” yet no sanction was provided against the mother nor compensation to me in terms of recovering lost time with my children. In fact, the Court upon request by the mother’s counsel – went as far as attempting to remove the reference to “perjury” from the record.

o The mother commits perjury before the Court in order to have my income imputed (December 18, 2006) – a violation of the criminal and Family Code – which I documented and motioned to the Court’s attention, yet denied due process.

The mother has continuously benefited from these tactics and the Court has as equally consistently refused to take action or in most cases even acknowledge my efforts to bring these acts to its attention.

The backdrop of this refusal to act against the mother’s profitable iniquity can only be considered in terms of abuse of discretion for lack of a more suitable category:

o The Superior Court’s tolerance towards, if not complicity with the mother placed undue influence on me to accept a Move Away terms (May 2006); a situation which I brought before the Court on October 13, 2006 and which was denied without a hearing.

o The Case continues with the rape of my 5 year old son, (October 2006) which the Court refers to as “kids play doctor, that happens” and for which I was not notified in a timely fashion – a clear violation of my custodial rights.

o The Court imputes my income based on my student loans (October 13, 2006) – illegal and repeatedly reported in the Record, but never acknowledged nor was corrected. Denied due process.

o The mother continues to make repeated efforts (December 4, 2006) to deny my visitation making false accusations without merit, again, with full immunity – despite the presence of a stipulation in the Final Order that such conduct would merit a change of circumstances.

o My five year old son goes over TWO YEARS without psychological treatment after being raped, while judges repeatedly refuse to recognize the mother refusal as a change of circumstances to alter custody.

o July 2007, I am diagnosed as having cancer, recognized in open court as being “hooked up” to my chemotherapy device, provide ample evidence of my condition even color photos of my tumor, etc., yet denied a reduction of my child support costs – which were illegally obtained to begin with by the mother’s perjury on December 18, 2006. Further, I am denied counsel paid by her under the Family Code.

o The mother has failed to provide the children with Spanish language training, a condition stipulated in Minors’ Counsel’s Statement, yet this failure has not been recognized as a change of circumstances affecting her custody. Likewise with respect with the multiethnic environment.

All of these issues, and more, were represented in the 2008 Orders I am appealing; all of these issues were referred to, detailed, and argued, in great detail throughout the Briefs. Many of these issues show the Family Court’s selective leniency for the sake of the mother’s convenience which underlines the abuse of discretion – and discrimination – in designating me a vexatious litigant.

By affirming the Superior Court’s orders, the Appellate Court is also affirming – a well established fact amongst attorneys, judges, and the public at large – that perjury, fraud, forgery, etc., so called crimes of moral turpitude, are acceptable tactics in Family Court – as long as you have the favor of the Judge – and that references to “signed under penalty of perjury” are simply in matter of fact ‘suggestions’ and not actionable items at all. The line should really read, “Preferably signed absent of perjury” or something to that effect.

The Appellate Court would also be affirming that it is acceptable for Superior Court judges to be biased in their dispensation of sanctions for they are not subject to any form of scrutiny in the manner in which they make said dispensations. It would furthermore make the point that regardless of the status of one’s health, Judges can simply make arbitrary rulings such as denying basic legal recourses such reduction of one’s child support while undergoing treatment and the effects of life-threatening illness. All of these are questionable precedents at best.

7. Finally, the Appellate Court has stated that the format of my Briefs is not per standard in terms of heading, references, etc.

This is a difficult issue for me to address, given such other criticisms such as my failure to make references to the record, failure to cite case authority, failure to document on the one hand then excessive (yet presumably irrelevant) documentation on the other.

While I take full responsibility for any and all shortcomings in terms of format in my Briefs, I respectfully submit that should the Appellate Court have detected fatal flaws in the format of my Opening Brief, it was within its authority and prerogative to have rejected the Brief and required corrections at that point in time, rather than allow the proceedings to continue, in time and expense, only to take issue with the fatal flaws at the end of the process.

Respectfully I submit that there is no way the Appellate Court can perform its functions and responsibilities with due diligence in this Case without rolling up its pants and sleeves and getting into the muck and mire of the details of this Case. Again, with all due respect, it appears, by statements in the Disposition referring to the lack of references to the Record, that I made unnecessarily detailed references to the Court Case and not to the specific issues under Appeal, or that I failed to argue where the Superior Court is guilty of abuse of discretion, that the intention here is expediency rather than due assiduousness.

The realities of the Case are quite simple and they are evident in the results of the Superior Court’s rulings: my son Alex did not receive therapy in the two years following his rape; my children’s Spanish language heritage has been neglected and their right to their multiethnic heritage has been denied; I have not seen my children now in over a year, nor have I had ANY form of contact with them in the last 8 months and 6 days; I have been completely erased from their existence – as well as all items of their multiethnic heritage – although their right to have frequent and continuous contact with me was presumably guaranteed before the law and their rights to their heritage were supposedly protected by the Final Orders virtually dictated by Minors’ Counsel. And for all my efforts in my disadvantaged fight to repeatedly stand up for the best interest of the children all I have managed from the Family Court is the designation as a Vexatious Litigant.

While it has been well noted that neither the Family Court system, nor the Courts of Appeals, nor the Supreme Court take much concern in social or psychological arguments regarding the importance of a father in children’s lives, the endemic abuse of discretion evidence in the DETAILS of this Case should be at least of sufficient legal concern for the Appellate Court to take notice and to apply the extent of its powers to address these issues.

I believe that the issues in this Case are significant and numerous, so much so that it has been a challenge to summarize them, and argue and represent them, even more so in the space limitations required by the law. I believe that the issues are so many, so profound that it is easy to lose oneself in the details of the law and miss the big picture of the “spirit” or “principle” of the law.

Furthermore, I believe that the purpose of the Appellate Court is not simply to “right the wrongs” for the purpose of a single appellant, but rather to serve in the process of rectifying the system which is the Superior Court, and thereby providing a public service with its dispositions.

Should the Appellate Court affirm the Superior Court’s rulings it would miss a fundamental opportunity to take a stance on critical issues before the Family Court such as perjury, children’s rights to their ethnic heritage, intentional infliction of emotional distress, etc., issues which are, in my opinion, well documented in the seemingly irrelevant detail of the Case. At the very least the Appellate Court might postpone its ruling pending a rehearing of the Case or even, should it have the authority and disposition, a resubmission of the Briefs – all in the interest of the public and the proper dispensation of the Law.

CONCLUSION

Petitioner requests that rehearing be granted and that the Court alter it disposition to overturn (deny) the judgments of the Superior Court under appeal.

DATED: September 24, 2009

______________________

James A. G. Overton

I love you guys and miss you very much,

Daddy

Shiken haramitsu daikomyo!

Shodai’s Blog September 8 2009 1:11 pm Playas de Tijuana, Baja California, México

Shodai’s Blog September 8 2009 1:11 pm Playas de Tijuana, Baja California, México

Shiken haramitsu daikomyo!

This morning I started my day very, very early. I had to teach a Black MAMBA class at 5:00 am until 7:30 am. The class started with a 40 minute breathing meditation from a CD that I made. I took some Inuit (Eskimo) Shaman drumming music that I had and I created a meditation recording. It is a very cool type of breathing meditation that I call “Turtle Meditation” because it leads you to slowly reduce your breathing rate all the way down to 2 breaths per minute. The idea here is to be able to slow your body down so that your mind is free to concentrate on the present.

After that we did a yoga routine, then 70 push ups and 100 leg raises. Usually we do more sets of abdominal work and push-ups in the dojo then we go outside and do three sets of pull-ups interspersed by a set of 3 lunges. Our sets of lunges are compound: we do (a) front, (b) side, and (c) back lunges with one leg then the other; that makes 1 repetition, but it is six lunges total, three with one leg, then three with the other. That is what we usually do, but not today.

After we finished the yoga and the conditioning we did “groundwork” – “ne waza” in Japanese, which means ground techniques. We practiced the figure four arm lock from the guard, then the escape against the figure four arm lock, then finally the counter to the escape. We also did some supplementary exercises to assist in those techniques.

We started teaching these early morning classes to try to get our membership up. I still can’t pay my bills and am constantly behind.

I decided I would make this more of a journal when I can

I love you guys and miss you very much,

Daddy

Shiken haramitsu daikomyo!

Shodai’s Blog September 8 2009 11:08 am Playas de Tijuana, Baja California, México

Shodai’s Blog September 8 2009 11:08 am Playas de Tijuana, Baja California, México

Shiken haramitsu daikomyo!

I am still dealing with the “proper” format for this log. At times I feel somewhat constrained by the realization that your mother and her attorney could at some point find this and use it somehow against me, although of course at this point in time I have lost all custody and virtually all visitation. The visitation that I have is worthy of a criminal: I am to have only supervised visits, either in San Diego or in Boston, and for a few hours at a time. That time of visitation is only reserved for child abusers or pedophiles, neither of which I am to be sure, nor have I even been remotely accused of either. It is quite simply what your mother and her attorney with the collaboration of a woman mediator from Family Court services and our illustrious Family Court system, neither of which appreciate the role of a father in children’s lives and both of whom operated to protect the Family Court system from the scandal that will eventually ensue (follow). Their reasoning is to avoid you two becoming aware of my complaint against your mother for parental alienation by showing you videos of your behavior during webcam sessions. The entire idea is preposterous: how could there be anything wrong in showing you videos of yourselves on webcam when you yourselves are the ones in the videos? Of course, that is not the point, the point is that they are trying to protect the system itself. You see, I had been trying to get the videos into the Family Court system but I was barred from it. The Family Court judge would not allow me to present the videos as evidence against your mother in terms of her poisoning you against me. But I could not take the matter to the Court of Appeals or the Supreme Court without getting the issue before the Family Court first. The only way to get it into Family Court is get your mother to do it by having her react, which she did – she has always been very predictable. The Family Court however, predictably, rather than even watching the videos themselves and seeing if there was anything wrong in what your mother was doing, decided to remove custody from me altogether accusing me of doing something wrong with the videos – which they did not even watch! All is very stupid, but requires more energy on my part; typical. I am resting up for that ‘front’ as I await news from the first Appeal, which will go the Supreme Court unless I get what I believe to be just.

There is a story from the Spanish Civil War regarding a General from the Republic whose son was captured by the Fascists. The General had a position to maintain and defend. The opposing side had captured his son and called him on the landline to inform him that unless he gave up his position his son would be executed. The General listened attentively to the other side’s demands, and then finally asked to speak with his son. Once his son was on the phone he explained to his son the situation, told him that he loved him, and then said: “Son, entrust your soul to God.” The General then hung up the phone.

The point is that sometimes you have to operate from principle, from what is right, not from what is convenient; I am not a criminal, I have been a dutiful father and my record while any and all of my children have been in my charge has been impeccable; which is much more than I can say for your mother. The concept of fatherhood itself is degraded by this imposition that is placed upon me which simply further underlines my accusation of alienation on the part of your mother. And ‘principle’ is more important than the individual conveniences of anyone. Martin Luther King Jr. once stated that “a man who has not found a cause to die for is not worthy of living.” Regardless of how painful it is for me not to see you I will not see you under these shameful and despicable conditions: it shall not come to pass. One day, sooner or later, you will either come to find me or you will find these words and in your own minds, if you care, you will come to know the man I am and the father I was not allowed to be to you. If not, then to be honest you are not worthy to be my children and are deserving of your mother. I would still carry out the battles I have pursued because I am right in principle, and that is what we must all stand for to make this world a better place. “Evil prevails when good men do nothing.” Know then that your father was a good man, and stood as he could against this evil.

Love you both,

Shiken haramitsu daikomyo!

Shodai’s Blog September 5 2009 5:00 PM Playas de Tijuana, Baja California, México

Shodai’s Blog September 5 2009 5:00 PM Playas de Tijuana, Baja California, México

Shiken haramitsu daikomyo!

Good evening children. I am here at my desk in the conference room/living room. I have a picture of Julia when she was very little, waking up, and I found some recent wallet sized photos of Alex. I also have a large picture of Alex across the room on one of my bookcases and a collage of you guys Cari make for my birthday.

I am not sure how things are going on with the Court cases. I am a bit tired of all of that, if I am to be honest. You have no idea how many pages, thousands likely, that I have written in my attempt to improve the custody and visitation situation. Right now I am taking a breather from the front while I work on some other very important issues for the Ryu.

I have been studying very profound issues pertaining to the essence of our nature as a species, the human spirit. I have been studying books and movies to try to explain my ideas to my students. I have been studying Star Wars, and Lord of the Rings, and delving deep into the nature of the “Force” and the “Dark Side.” It is important for you two to realize that outside of the human species – with the possible exception of the chimpanzee who is genetically quite close to us – there is no such thing as evil. Dogs are neither evil nor good – except how people make them. Trains and objects and not evil – not even guns: “people with guns kill people.” This is very true. What I mean is that it is a mistake to thing of the “dark side” as something outside of our, of our own making. And the Dark Side begins and ends with selfishness, people who act for their own benefit without any consideration for others. They are so afraid to not have what they want, or to have what they do not want, that they do not consider others at all. These are the “darksiders,” for they use all at their disposal to achieve there goals without care or consideration for others.

Myths are about the ongoing war between good and evil. The battle is represented outside our selves, often in fantastic lands; but really the first and foremost front of that battle is within our own minds. I have had great opportunity to study these things and have reached great depths of understanding in terms of what constitutes happiness. In my experiences I have know great pain, and in my visions I have “felt” the pain of all things alive all at once, and the pain was such that it filled me so completely that “I” was no longer there – nothing existed but pain; and I had images of many, many peoples and animals, so many images flooding me all at once, and the last or I believe one of the last, but the one I remember the most was a simple grasshopper, clinging to a blade of grass, an image we might take for granted but it too was in great pain. It was then that I realized that the condition of all living beings was pain and that I had to learn to release, at least humans, from the pain they all feel.

This is very different from where I was in my spirit years ago, before your mother took you away from San Diego. I had a very difficult time experiencing the pain I had felt as a child. Something had “died” in me and I was unable to feel my own pain, although I was always sensitive to the pain of others. I tried everything, gathering pictures of me when I was a kid and remembering the most difficult times of my childhood, such as when those two much older boys – 14 and 16 years old – tossed me off the top of a 10 foot incinerator, when I was only 4. Although I remember the horror I felt, and even blacking out (losing consciousness) when they released me in the air, I could not feel anything for me, no sadness at all. It was if I did not matter. There are so many episodes in my life that I can recall, that if I saw them happen to someone else in a movie I would be horrified. But that is simply the way the mind protects itself. But I knew I needed to get past that barrier in order to “feel myself,” to feel the pain I had to have.

One day I thought of the solution. I was driving north on highway 5 in San Diego on my way to the 52 east onramp, when it occurred to me to imagine you Alex, as a little boy, and those things happening to you. That did it. The dam of my inner emotions burst and I had to pull over to the shoulder because I could no longer drive, and I cried for what seemed like forever. And I was so grateful to know that nothing like that could ever happen to my son. But I was wrong.

There is something very powerful that happens to you when you lose everything that is most valuable to you; you surpass all your fears, and all of your attachments – one day I will teach you how important this is – and then you become invincible. No one can defeat a man who has lost everything because one you lose that anything else you lose is easy to give up. I lost my health with my cancer; I faced the horror of you being hurt and not being able to protect you because the Court did not believe me when I told them that something bad would happen to you and/or your sister if your mother took you away; and then I lost all custody and contact with you: and all at the same time.

While I was in the hospital for my cancer treatment I developed the program Mind of the Enlightened Warrior. It was supposed to be a gift to my children, the only thing I could think of giving you guys should I die before I had a chance to be with you. I have delivered the seminars many times – in Spanish – and I am reworking it now. When it is done it will still be dedicated to my children.

Love you!

Shiken haramitsu daikomyo!

Shodai’s Blog September 2 2009 9:45 AM Playas de Tijuana, Baja California, México

Shodai’s Blog September 2 2009 9:45 AM Playas de Tijuana, Baja California, México

Shiken haramitsu daikomyo!

I have news for you two! Your brother Jimmy is going to be a father, which means that you two will become aunt and uncle! I have just learned about this today. It also means that I will become a grandfather and therefore coming into a new dimension of my existence! I will have a grandchild to tell stories to! I will tell him or her stories of Amarok and Tatanka and I will have to have to create a character for him or her!

There is also something else I wanted to share with both you guys today. One is a poem that I memorized as a child and have your elder brother and sister memorize, and I believe made you study Alex when you were little and with me. It is “If” by Rudyard Kipling written to his son, and it is the only poem ever written, the only thing ever done by another person that I have envied and wished I had created myself, for it is perfect in its message, in its form and function:

IF.....

IF you can keep your head when all about you

Are losing theirs and blaming it on you,

If you can trust yourself when all men doubt you,

But make allowance for their doubting too;

If you can wait and not be tired by waiting,

Or being lied about, don't deal in lies,

Or being hated, don't give way to hating,

And yet don't look too good, nor talk too wise:

If you can dream - and not make dreams your master;

If you can think - and not make thoughts your aim;

If you can meet with Triumph and Disaster

And treat those two impostors just the same;

If you can bear to hear the truth you've spoken

Twisted by knaves to make a trap for fools,

Or watch the things you gave your life to, broken,

And stoop and build 'em up with worn-out tools:

If you can make one heap of all your winnings

And risk it on one turn of pitch-and-toss,

And lose, and start again at your beginnings

And never breathe a word about your loss;

If you can force your heart and nerve and sinew

To serve your turn long after they are gone,

And so hold on when there is nothing in you

Except the Will which says to them: 'Hold on!'

If you can talk with crowds and keep your virtue,

' Or walk with Kings - nor lose the common touch,

if neither foes nor loving friends can hurt you,

If all men count with you, but none too much;

If you can fill the unforgiving minute

With sixty seconds' worth of distance run,

Yours is the Earth and everything that's in it,

And - which is more - you'll be a Man, my son!

These are truly words to live by, and there is nothing else, know that these are words your father sought to abide and lived to demonstrate in his every actions. I have, without pride or humility, lived up to these very words and have come to know, with the profundity of a man of wisdom, that they constitute, unto themselves, a Great Understanding!

There is also something else. Julia, do you remember, perhaps not, but when we were together I used to always say to you, “What is the most important question in the whole world?” and you would smile and say “De quien es Julila?” and then I would say, “And what is the most important answer in the whole world?” and you would reply, “De Daddy!” And that would make me happiest among all things.

And Alex, I want you to know that nothing in my life, even the news of my own cancer and probably death, hurt me as much as the news of what happened to you. Do you remember when you asked me what my deepest fear was? And I replied, “Not being there to protect my children,” and you said, “I always knew that about you.” I was then and there, at the moment I opened the email from your mother’s lawyer, as she did not tell me herself, confronted with my deepest fear come true. I cannot begin to describe what happened next, but if you ever watch the movie “300” and see the scene when Leonidas’ Captain’s son is beheaded before him, and you see the pain and rage that follows as he sees his son fall, then you will have an idea. At that point I started hemorrhaging from my bowels.

But when you are confronted with your greatest fear and you survive you develop a deep detachment from things. I changed from all of that process, and the things that happened to me associated with my cancer, its treatment, the Court battle against your mother, etc., and as a result I emerged more powerful and wiser. I will talk to you about these things more in the future.

Love you!

Shiken haramitsu daikomyo!

Shodai’s Blog September 2 2009 6:53 AM Playas de Tijuana, Baja California, México

Shodai’s Blog September 2 2009 6:53 AM Playas de Tijuana, Baja California, México

Shiken haramitsu daikomyo!

It has been too long since I have written to you my children. The last entry in my diary to you was on my birthday. This of course does not mean that I did not think of you. I have pictures of you in the living room and on my desk where I work, and a constant picture of you in my mind and heart. Part of the problem is to whom am I addressing? Am I writing to the 7 and 4 year old I say last in person or the 8 and 5 year old I saw last on webcam? Or am I writing to adolescents now as I have failed in my quest to prevail before the Court system? Or am I writing to adults who grew to think of me with implanted rancor and disdain?

There is also the possibility for the need for censorship in my writings hear, lest your mother discover these communications and use them against me in her demonstrated endeavor to eradicate all and everything having to do with me from your minds and existence. It is a difficult task that of writing not knowing the mind or mindset of the intended reader.

There is another issue whose explanation will become central to this communication: my private war with the English-speaking world. The English-speaking world as I have known it, which is to say the United States, Canada and England, is a world of much law and order but of little justice, and it has been that way to our people - the People of Chief Pappis and others – from the beginning of our time. It is my private war against the culture that has brought little but injustice to so many people in the world, the Cherokee nation during the Trail of Tears, millions of Africans during the times of the Middle Passage – the slave trade – and the centuries of slavery and legalized discrimination in the United States. It is the war of Gandhi, Martin Luther King Jr., Malcolm X, Geronimo, and countless others, and it is a war that began when I was a child and reached its climax when the Family Court – against the laws of the State of California and of common decency – colluded with your mother to take you away from me. In that they were no different then when those same Courts supported the selling of African American children as slaves, taking them away from the fathers and families for the only purpose of a financial transaction. And it was a financial transaction that took you and kept you away from me, a financial transaction that involved well over $150,000. And for that amount two little children were deprived of their father.

There is a terrible problem in the Anglo-Saxon world, in particular in the United States, it is a problem of a people corrupted, poisoned by the very acts that they have perpetrated upon other peoples: when you do bad things to other people you are actually doing bad things to yourself as evil-doings are the sure path to the Dark Side. Which reminds me, Alex in particular, I am teaching about the Dark Side, fear and attachment using the Star Wars series to illustrate my points. Fear poisons the mind and leads the body to acts of evil that are ultimately self-destructive. This is something I know you already are aware of as we have spoken of these things, but you need to understand this at a most profound (deep) level so as not to poison your own minds in any way. (I am losing the focus of what I wanted to say as there is so much to say!)

In Star Wars, Anakin Skywalker begins as a child who wants to become a Jedi more than anything. He finally gets his chance and his mother, a truly exceptional woman, allows him to leave with Qui-Gon Jinn because she knows he has far more to offer him than she does living her life as a slave. That is a lesson many mothers should learn as the trend is more often than not doing everything possible to keep children from their fathers just to punish their ex-husbands for not wanting to live with them any more. That is just a fact, as it is a fact that the Court system simply indulges mother’s in their quest for revenge against the father’s, acting as if father’s have nothing more to contribute to their children’s lives and upbringing than child support checks.

From the earliest moments of his apprenticeship Anakin holds a deep fear for the loss of his mother; Yoda points out that this fear is a very dangerous part of Anakin’s mind because fear leads to anger, anger leads to hatred, and hatred leads to suffering. It was not Anakin’s mother’s fault that Anakin went to the Dark Side; it was his own fear of losing his mother that leads him in the end. People who have fear seek power over other people and things for they believe that this power will allow them control over the things they fear to lose. But this control never works the way they want: for absolute control is never possible and so as those people, increasingly controlled by their own fear, come to realize that they don’t have the control they wished and this makes them even more fearful, and in response they seek more and more control and hate the things that interfere with their control.

In the case of all too many mothers, they often fear that they will lose their children in the same way they lost their husbands; they are moved to hold on to their children by the pain of loss, loneliness and rejection and they are moved by the anger at their former husbands for causing this loss, loneliness and feelings of rejection. And so, partly in revenge against their former husbands, and partly out of fear of further loss, many moms seek to control their children by using the Court system to keep them from their fathers. But their is a great difference between being a husband and a father, they are two different things and it is wrong to use your children as weapons to punish someone who simply does not want to be with you any longer – for whatever reason. I hope this is something one day you will come to understand. It is wrong because it is selfish and – ultimately – evil: Gangs and prisons are increasingly becoming filled with boys and girls, men and women alike, who ultimately arrived at that point in their lives because they lacked a father, a loving and dedicated father, to guide them and teach them the discipline and respect they needed to become good citizens, to be strong and upstanding. I am not saying that mother’s do not have a purpose, only that father’s do too: a much greater purpose than many mothers and the Court’s are willing to accept despite the sociological and psychological evidence which clearly indicates the importance of fatherhood.

Here is a copy of a letter I sent your mother a little over a year ago, just about the last time I saw you guys:

Jaime Overton

From: James A Overton, Sr. [james@kaizen-center.com]

Sent: Friday, July 11, 2008 11:16 AM

To: 'Shawna Dolansky'

Cc: 'jpclarklaw@aol.com'; 'Debra Kovach'

Subject: About Alex

Page 1 of 2

11/3/2008

Shawna,

I appreciate very much that you decided to call off the ex-parte scheduled for Thursday. Unfortunately, there were dire consequences that can not be readily dismissed. For one thing, I had to cancel our only opportunity to go to the San Diego Zoo because of it; the patient I cancelled (and whose payment was indispensable to paying for the trip to the zoo) in order to attend the phone call from the Court had already rescheduled her morning when I tried to get her back into my office for her previous appointment. However this is insignificant compared to how Alex was affected by the news on Tuesday, which necessitates explanation.

Since Alex learned that I started a Junior MAMBA’s program he has expressed a great deal of concern regarding other boys having more time to train with his own father than he does, and in particular a preoccupation with the idea that they will ultimately surpass him in rank, status and competence; recently he began to express his concern as to whether he will be better or at least as good as his brother Jimmy.

I can honestly say that have never seen a child so intensely concentrated and motivated in any class as Alex has been. He excels in discipline and attention to detail which begins in his posture during the initial meditation and extends to the final bow. He does lack confidence and aggressiveness in combat but that can and will be overcome with experience and practice. He is not as strong as the other boys, but he is at least as agile, if not more, and with his attention to detail his technique will more than makeup for the differential in strength.

He is however, playing catch up with the other students even though they have not had much time in the program. In chess he only managed a draw with one student, who although older than he, was playing his very first chess game that day; yesterday he defeated twice another student of his own age. Alex is very aware of these facts and is has shown a tremendous motivation to make the most of his time here with me. He, on his own accord, asked to attend the adult class so he could learn more than the other students. Once there he realized that he needed a training partner, so for the next class he asked me if I could convince one of the parents (who are my students as well) to bring a kid with them so he could better practice.

He has also asked to watch my martial arts training videos at home and train away from class to make up for the extra time the other students have with me; although he is also very much aware that this will not be enough.

Much of our time in training has been spent cleaning up mistakes and bad habits from his judo classes (much of my time is spent with the other students cleaning up the garbage they learned in karate). He tells me that the judo instructor pays little to no attention to him there and so he is not learning.

For Alex your attorney’s office phone call could not have come at a worse time. The call came in while we were in class at the small dojo and the topic of the conversation was obvious to anyone who understood English. Alex had just had another couple of disappointing grappling bouts (from his perspective, although I assured him that in reality he did quite well) with two of the other students (not at the same time), and was discussing how he would improve when he returned at the end of the summer.

The idea that that visit may not take place because I would be required to pay for it – the kids are plainly aware of my financial situations and the limitations of my intestinal (mal-) functioning – was the straw that broke the camel’s back: no visit with Daddy means poignantly no Junior MAMBA training, which means the other students will get even further ahead. It is logic any seven year old can handle; the cause and the effect are also clear to him. This is what you observed during the Tuesday webcam session. The children are very well aware of my financial and physical limitations, of how I had to fast for 48 hours prior to picking them up in Boston; of how I have to fast the night and morning before I leave for a simple day visit to San Diego; of how the car broke down a week ago and I only today we are leaving to pick it up for lack of funds; etc.

By the way, not only did he like the Hulk movie, but the next day he insisted that I buy him a Hulk t-shirt However, he was quite reluctant to let you know he enjoyed it. Our son wants to grow up to be a man. You can do what you want with this information.

He also has been telling me about the nightmares he has had in Boston. No nightmares here so far, “not even after the Hulk movie” as he puts it.

James

"There is more honor and dignity in righteous loss than in iniquitous victory."

____________________________________ - The Master's Log

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11/3/

Unfortunately, my gratitude towards your mother was ill-deserved; days later after you guys left she reinstated her call to the Court and I was again in battle with her despite my health problems. In fact, a year earlier, while was in the hospital in the early stages of my treatment for cancer, your mother had her attorney call me and make me come out of the hospital to appear in Court as she was trying – yet again – to cancel your summer visitation with me. None of these things I made up, all of these things are true and are part of the Court record for D0491 976 – that is the record of the Overton vs. Dolansky case. In that record you will be able to confirm all of these things and many, many more regarding what truly happened.

I tell you all of these things not because I want you to hate your mother, my war is not with her but with the corruption of the US government of which the Family Court system is but a manifestation; above all else I want you to realize just how much of a fight I put up against all odds just to be there for you, to be your Daddy as I had been since the moment your were born and that if you grew up without me, and that if things happened to you because I was not in your lives that it was not because I did not want to be there, but because I simply was not allowed to be there. No man or nation of men can win against the will of the United States government in the United States, and the person who manipulated and used that power against me was your mother. If nothing else, even if as you come to read these words you are indifferent to my existence know that I fought a battle worthy of any great hero and that I fought for you even as I was fighting for my very life, never quitting, never giving up, until there was not longer any more battlefields for me to fight in, until I was stripped of my weapons, but never of my heart.

Remember: Oyabun came about as a shadow of envy and hatred because he was angry at Cocoliso and Mero Macho for creating perfect beings but not giving him a body. Remember how he tried to kill Shiken Haramitsu Daikomyo, but then Shiken Haramitsu Daikomyo because the perfect light that inspire love and hope and righteousness in the hearts and minds of all men and women even as they are surrounded by the darkness of Oyabun and his minions!

Love you!

Shiken haramitsu daikomyo!