Dear Concerned Fathers and Families,
My name is David W. Korsen and I am the natural
father of Bryce and Stephanie and Korsen, whom I love very much. I was just
recently released from a medium security Idaho prison, south of Boise Idaho. I
was put there 2 1/2 years ago on child custody interference charges; stemming
from my trying to protect my little ones from their mother, who had been
beating, burning and mentally abusing the children and I for 9 years. The
children's mother, Ms. Paulsen, made many false accusations; all of which were
proven to be malicious and false. I protected my kids but I never violated any
custody order. My lawyer had given me a book called Profane Justice, which
contained the story of a Colorado father who had been treated unjustly. He
explained how the System is often unfair and and said the book showed the
reader how to protect his family. I followed the books advice and I obeyed
every Idaho state and federal law to the letter in seeking protection for the
children. However, just prior to Ada County Magistrate Judge Comstock's award
of Bryce and Stephanie's custody to me, the children's mother had apparently
begun having an affair with her lawyer, Mr. Dane DeVeau and Mr. DeVeau somehow
had the custody case switched to Ada County Magistrate Judge Dennard, a judge
who, it became immediately apparent, was completely biased in favor of
Mr. DeVeau and his associate Mr. Strother.
Judge Dennard then began undoing the orders of the
Judge Comstock by denying motions asking for the legal right to
mediate a custody settlement; denying my motion to have Ms. Paulsen drug
tested ( I submitted to a voluntary drug test which was clean, she could not
have passed); Judge Dennard violated Idaho law by failing
to order CPS to do a thorough investigation of the mother's ongoing child
abuse; he completely refused, on the record, to look at Ms. Paulsen's recent
criminal record of abuse; then he reversed custody from myself to Ms.
Paulsen, violating his legal jurisdiction and authority under Idaho
Statute 32-717. Judge Dennard then had me arrested and held in Ada County Jail
for 22 days without bail while he repeatedly denied me the right to have legal
counsel represent me.
I filed a pro se habeas corpus in Ada County Judge
Bail's court and subpoenaed Judge Dennard to testify as to why he had
illegally arrested me in a civil court ( Idaho law strictly prohibits Judge
Dennard's action). Judge Dennard refused to testify and dropped the custody
interference charges, but Judge Bail said that Judge Dennard had illegally
arrested me, yet Judge Dennard was not charged. Judge Dennard then
personally went to Ada County Prosecutor Roger Bourne's office and persuaded
him to file Kidnapping charges against me; charges that don't even apply to a
biological parent (Mr. Bourne stated this on the record). Judge Dennard got
his friend, Judge McLaughlin, to take the kidnapping case even though charging
me twice was double jeopardy. I motioned the court in writing for a speedy
trial but Judge McLaughlin ordered the trial to be delayed for 10 months. My
lawyers assured me that I was completely innocent and said they would win my
case at trial, so I declined all plea bargains believing that I would get a
fair trial.
I could not get out on bond because after the 22
days without bail, Judge McLaughlin set my bail at $250,000 ( $240,000 more
than the $10,000 standard bail for custody interference). The entire time that
I was there in jail, the prosecutor told me that I could go home any day, if I
would just take the plea bargain ( the deal he was offering included 10 years
intensive probation and signing away my rights as Bryce and Steph's father).
Judge McLaughlin was so upset that I would not take the plea bargain, that he
made a ruling before my trial, in which he denied all 14 of my eye witnesses (
violating my 6th amendment right to have witnesses testify in my defense); his
denial of witnesses included 4 police officers who had previously seen and
arrested the mother on 7 different battery charges that she had committed
against the kids and I over the previous 5 year period. Idaho law 18-1501
forces parents to zealously protect their children from abuse or face felony
charges and up to 10 years in prison ( even if the abuse is from a parent, the
other parent is responsible to protect the children). Judge McLaughlin would
not allow my lawyer to present law 18-1501 to the jury for consideration; nor
was the jury ever allowed to see any of her criminal records, eyewitness
statements, police reports or her drug and alcohol history, audio and video
tapes of her beating and abusing the children and I ( records which included
her attempted murder of my son and I, as well as, other batteries and crimes
she had recently committed against other adults and children).
I was the only defense witness allowed to testify
on my own behalf ( I could only testify about 10 minutes); because prior to
testifying, the judge had said that if I mentioned even one word about the
mother's criminal conduct or her abuse of the children, he would declare a
mistrial and put me back in lockdown for another 8 months waiting for another
trial. The jury persons never heard a word about the violent outbursts, drug
and alcohol induced rage and mental terror that the children's mother had
continuously perpetrated against us over a 9 year period. The jurors were
given a set of instructions which, my lawyer later told me that Judge
McLaughlin and Roger Bourne had altered to make it possible for the jury to
convict because the state could not prove any felony or misdemeanor crime had
occurred by using the actual jury instruction's wording of the law; the
altered jury instructions did not even state the actual words of law (18-4506)
or any other Idaho law, they were made up. The judge had also removed the
entire 2nd part of 18-4506, section (b), which contains an affirmative defense
clause; that states a parent cannot be guilty of child custody interference if
he is trying to protect his children from abuse.
The jury was told by Judge McLaughlin; that they
were to assume that I had violated a custody order which he himself knew was
not valid at the time I was arrested in civil divorce court ( and in fact, I
did have full legal custody of the children with a protection order issued by
the Judge Comstock, but the jury never saw that order ( a protection order
that the mother had violated more than 20 times and had two arrest warrants
pending for her violations). The jury found me guilty of violating this
invalid order because they had no choice; Judge McLaughlin illegally excluded
any and all evidence of the mother's abuse and negligence; and he refused to
let my lawyer argue that the custody order I was accused of violating was
illegally issued by Judge Dennard; who he knew did not have lawful
jurisdiction to modify custody while the mother was pending trial on 5 current
battery charges committed within the previous 6 months. He excluded an audio
tape conversation where Ms. Paulsen and her lawyer make statements irrefutably
proving that both Ms. Paulsen and her lawyer had committed perjury while
testifying against me, taped evidence which would have proved that the key
elements of the State's case were developed from completely false testimony.
Judge McLaughlin gave me 15 years, 5 more than the
maximum sentence for custody interference which is 10 years (his sentence; 2.5
to 15 years in state prison); far more than any person has ever been given in
the history of Idaho ( in fact it is against federal law to charge a parent
with kidnapping his or her own child, especially if the child is never taken
or hidden). My children were never taken or hidden. I am now appealing. The
pre-sentence court investigator told me that the judge had wrongfully
convicted me and she refused to recommend that I be sentenced to prison, based
on my previous clean record and efforts to protect the kids, she recommended
probation. But Judge McLaughlin overruled her findings and put me away. I've
lost everything meaningful in my life now and all that I had saved for my kids
is gone. That wouldn't be so bad if I could see that someone had somehow
gained from this, but no one has gained; every one is losing and hurting,
especially our kids. The mother has since alienated the children from everyone
including her own father.
I tried to help lots of guys while I was in prison
and I never caused any trouble while there. The parole board agreed that I was
innocent and let me out after 2.5 years, but I now face a mountain of debt,
huge legal bills, parole supervision fees, jail fees, restitution and child
support adding up to more than $60,000( any failure to pay any of these is a
violation of parole and grounds to re-imprison me for the remaining 12.5 years
left on my sentence). I lost both of my companies while I was in jail because
I could not raise enough for bail; and as a result I am now completely
bankrupt and without legal representation and facing the same judge, Dennard,
who continues to preside over the children's custody.
My cases are on direct appeal in the Idaho Supreme
Court, but my public defender says he can't do much for us because the state
doesn't allow him the time or money he needs to correctly appeal criminal
cases. In fact, the public defender has completely omitted, from my appeal, 15
constitutional right violation claims committed by Judge McLaughlin before and
during my trial; all 15 claims were filed by my private trial attorney in his
Notice of Appeal. The appellate public defender, Paul Sonnenberg, says that
his boss told him not to include these claims of serious right violations, but
she will not explain why. He has told me that critical trial transcripts and
tapes have been destroyed, possibly by Judge McLaughlin. Because the missing
transcripts contain critically important entries which include Judge
McLaughlin's statements regarding his reasons for unlawful denial of the
affirmative defense and testimony of the 14 eye-witnesses that would have
proven my innocence. The court's audio tape transcript and clerk's notes are
also apparently missing. I'm told that the appellate brief is very weak and I
am worried I won't get a new fair trial.
I get so depressed trying not to give up and be
strong for my little ones, but this never ending cycle of injustice is
overwhelming and I'm so worn out that I've begun to think there is no hope
left. This is not the kind of America I was taught about in school and I fear
that our children are going to be robbed of any future ability to prosper and
enjoy life when they inherit the kinds of social debt that we are allowing to
accrue on our watch. I'm just an ordinary person who tried to do what any
loving parent would do, what the law and society require a father to do; I
really don't know how this can happen in a country like ours. I ask you, on
behalf of all our families, how many more children will needlessly suffer in
the wake of our apathy and fear of political incorrectness. I want to be able
to tell my kid's to believe in our country and our government but I can't lie
to them.
Neither my parents, other family members or I are
allowed to see the children at all now. We miss them very much and my heart
never stops aching. The mother lost custody of her oldest child ( my
step-daughter) do to abuse and negligence, while I was awaiting trial; and at
the time, the state health and welfare workers were threatening to take Bryce
and Steph away from her too; and put them in foster care, also because of her
abuse and neglect. She was even arrested and jailed while I was awaiting trial
but all her charges, including 5 pending battery charges she was facing, were
ordered to be dropped by Roger Bourne in order to avoid a conflict of interest
in his prosecuting me. Now Judge Dennard refuses to look into what the mother
is doing to the children and his rulings continue to put them at risk; his
orders are in complete violation of Idaho law, but I can't find anyone locally
who is willing to stand up to him. I have called and written to every one I
can think of in the government and media, but this is not a situation that
they want to address because they think it will have a negative affect on them
if they expose it.
I can't find a courageous lawyer in Idaho willing
to take the case and I have already spent $54,000 dollars on attorneys. I know
my story sounds pretty unbelievable. If you have a chance, maybe you can go to
these web sites;
Look up the Fred Leas custody case ( it is almost
identical to mine and it illustrates how prevalent judicial abuse of power is
in Idaho family and criminal courts). I am desperate, I don't know where else
to turn. If you are reading this and you know someone who could help, you have
my express permission to forward any and all of this information to those
interested parties.
I am not a very good writer but everything I've
said here is all documented and true. This is a very complex case, and as
such, I have had to leave out many important details in order to be concise.
If you would like more info or need a copy of the appellate documents,
supporting court records and other evidence, I can mail it to you. I promise
you won't regret having taken the time to investigate our claims and I know
there are many people who would applaud your efforts to shed light on this
very important subject. I know that you are all very busy helping people out
there and you have your own problems, but please give serious consideration to
our plea because the next person this affects may be someone very dear to
you!!!
Best Regards,
David W. Korsen