home

Can A Family Court Judge Restrict The Right To Petition The Government?

Congress shall make no law . . . abridging the right . . . to petition the Government for a redress of grievances.

First Amendent to the US Constitution

In Jeralyn's post below, she discusses a Newsweek article that discusses 2005 (when Sarah Palin was the Mayor of Wasilla a private citizen) statements made by the Alaska family court judge handling the divorce and custody dispute between Palin's sister and her ex-brother in law Morgan Wooten. While Jeralyn and other bloggers see this as a strong indictment against Palin, I was struck by the actions of the judge. Some points stand out for me. First was the judge's inflammatory use of the phrase "emotional child abuse" due to complaints by the Palin family to the government about the conduct of Wooten, an Alaska state trooper. Second was the court's admonition to the Palin family to stop their complaints to the government about Wooten.

While the issue of speech from family members to children has been the subject of family court orders (and even these restrictions are not uncontroversial, see, e.g. Eugene Volokh on the issue), it is new to my experience to see a judge in any setting order a non-party to cease and desist from "petitioning the government for redress." I'll explain my concerns in more detail on the flip side.

Here is what the Newsweek article reports:

Court records obtained by NEWSWEEK show that during the course of divorce hearings three years ago, Judge John Suddock heard testimony from an official of the Alaska State Troopers' union about how Sarah Palin—then a private citizen—and members of her family, including her father and daughter, lodged up to a dozen complaints against Wooten with the state police. The union official told the judge that he had never before been asked to appear as a divorce-case witness, that the union believed family complaints against Wooten were "not job-related," and that Wooten was being "harassed" by Palin and other family members.

(Emphasis supplied.) Let's consider what is wrong with this picture. A UNION official testified to a family court judge about the complaints to the government by PRIVATE citizens against a state employee. These were not complaints about statements being made to the children - but about statements being made to the government. The First Amendment clearly states that the right "to petition the Government for a redress of grievances" shall not be abridged. And yet this Alaska family court judge was considering such abridgement. And indeed, appears to have written an order abridging such constitutional rights:

Court documents show that Judge Suddock was disturbed by the alleged attacks by Palin and her family members on Wooten's behavior and character. "Disparaging will not be tolerated—it is a form of child abuse," the judge told a settlement hearing in October 2005, according to typed notes of the proceedings. The judge added: "Relatives cannot disparage either. If occurs [sic] the parent needs to set boundaries for their relatives."

I am no family lawyer, but I can read the Constitution as well as the next person. Judge Suddock apparently took it upon himself to prohibit the filing of grievances by the Palin family, beyond the litigant, Palin's sister, with the government of Alaska. This seems incredible to me. An abuse of power, if you will.

Consider just one allegation against Wooten - that he threatened to kill Sarah Palin's father. Is Judge Suddock really stating that such a threat could not be reported? Indeed, would he not want to know of this threat himself? Apparently not:

As the divorce case dragged on, the judge's concern about family "disparagement" appeared to deepen. In an order signed Jan. 31, 2006, which granted Palin's sister and Wooten a final divorce decree, Judge Suddock continued to express concern about attacks by Palin's family on Wooten. The judge even threatened to curb Palin's sister's child custody rights if family criticism of Wooten continued. In monitoring how a joint-custody arrangement worked out, the judge said in his order that he would pay particular attention to problems noted by a "custody investigator," specifically "the disparagement of the father [Wooten] by the mother [Molly Hackett, Sarah Palin's sister] and her family members."

(Emphasis supplied.) Indeed, look at how Newsweek describes "the continued disparagement of Wooten" by the Palin family:

Palin and her husband continued to make disparaging allegations against Wooten, even after she went to the statehouse. During her first security briefing with a representative of the state police, Palin and Todd were both asked whether they knew of any potential physical threats against them, according to a deposition taken from one of Palin's top aides following her election in Nov. 2006. Both said the only threat they were aware of was posed by Wooten.

That is indeed disparaging of Wooten. Should there be consequences to the custody status of the children of Sarah Palin's sister because the Palins reported Wooten as a threat to their security? This is what Judge Suddock's order would seem to require.

And just last week, Sarah Palin "violated" Judge Suddock's order yet again:

In a press release issued last week by her new lawyer, Palin continued to attack the character of Wooten—still serving as a state trooper in Palin's hometown of Wasilla. The release repeats allegations that Wooten had threatened members of her family, including her father, with violence; that Wooten had threatened to "bring" Palin and members of her family "down;" and that Wooten had once been the subject of a court-imposed domestic-violence protection order.

(Emphasis supplied.) What will judge Suddock do now? If he believes his order was sound and right, doesn't he need to alter the custody status of the children of Wooten and Palin's sister? Who wants to bet that he says nothing. And whither then the outrage about this?

Here's my bottom line politically - let this alone Democrats. The facts are bad on this and the actions (or likely inactions now) of Judge Suddock are impossible to defend. But I await instruction from family law practitioners here to lecture me how Alaska family law court orders trump the First Amendment.

By Big Tent Democrat, speaking for me only

< Newsweek: Palin Warned By Court To Stop DisparagingTrooper | Ras Tracker: Obama By 1 >
  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


  • Display: Sort:
    Question (5.00 / 3) (#1)
    by JAB on Wed Sep 10, 2008 at 08:01:45 AM EST
    So, according to the judge, the family can't make disparaging remarks about Wooten, because it is "emotional child abuse", but if he threatens the kids' grandfather, no one can say anything about it?

    And then you said this:

    The release repeats allegations that Wooten had threatened members of her family, including her father, with violence; that Wooten had threatened to "bring" Palin and members of her family "down;" and that Wooten had once been the subject of a court-imposed domestic-violence protection order.

    Doesn't this now move into the realm of "security"?  She is the governor of the state, and if she and her husband say they feel threatened by Wooten, or if she feels members of her family are threatened, doesn't her security (or anyone else's) take precedence over a custody decree?

    Am I just missing something?

    You are missing nothing (5.00 / 6) (#2)
    by Big Tent Democrat on Wed Sep 10, 2008 at 08:03:19 AM EST
    I submit that those who think Judge Suddock acted properly are missing the whole thing.

    Parent
    Oops! (none / 0) (#42)
    by Bob K on Wed Sep 10, 2008 at 09:10:48 AM EST
    Newbie. I'm Unfamiliar with the ratings and unintentionally rated all of the comments 5 while meaning to only rate BTD's.

    Parent
    Assumptions and all that (5.00 / 2) (#5)
    by cboldt on Wed Sep 10, 2008 at 08:17:43 AM EST
    The Newsweek article is long on speculation, but short on presentation of raw fact and connecting the dots.  The general proposition of protecting the children from falsely accusatory invective against either of their feuding parents is fine - not sure how far a judge can go other than removal of the children from the environment.  But the extension of that general proposition to a conclusion that Sarah Palin was personally injecting invective in front of the Wooten children may well be the product of partisan imagination.  In fact, I dare say it is the product of imagination, because if it was true, Newsweek would have quoted the parts of the record that recite that sort of accusation.  Newsweek didn't, it is simply setting the stage for readers to make the leap themselves.

    I disagree (none / 0) (#10)
    by Big Tent Democrat on Wed Sep 10, 2008 at 08:22:19 AM EST
    I think the Newsweek article makes clear that Judge Suddock was addressing the Palin family's complaints against Wooten before state agencies. The testimony of the police union official makes this clear.

    Parent
    More particularly ... (5.00 / 1) (#18)
    by cboldt on Wed Sep 10, 2008 at 08:35:42 AM EST
    I don't assume the paragraph order in the article represents the reality of the judge's various orders.  For example, the article invites the conclusion that formal complaints to the state police were "off limits" as being disparaging.  I am reluctant to make that leap, and have seen media outlets make similar presentations (on many subjects) that invite false leaps.

    The judge may have been concerned about the formal complaints, some of which may have been more personal than professional (or maybe not, we don't see the complaints) - and may ALSO have been concerned, for separate reasons, about statements being made in the presence of the children.

    I don't trust Newsweek as far as I can throw that 10,000 pound rock that sits in my front yard.

    Parent

    Well (none / 0) (#33)
    by Big Tent Democrat on Wed Sep 10, 2008 at 08:53:35 AM EST
    since the only reporting is of the union official's testimony I think it is a better argument that assumes that was the focus of the judge's concern.

    Parent
    What are you going to trust? (5.00 / 1) (#38)
    by cboldt on Wed Sep 10, 2008 at 09:07:09 AM EST
    I am saying that "the only reporting" is apt to be misleading reporting.  You are free to assume it is accurate - and obviously, you believe it is accurate.

    But your common sense is telling you something else, isn't it?  That an order would not forbid the filing of a formal complaints on the basis that such a complaint is "disparaging" (in front of the children).

    I'm more inclined to give the benefit of the doubt to the judge, than to Newsweek.

    Parent

    I do not trust your speculation (none / 0) (#110)
    by Big Tent Democrat on Wed Sep 10, 2008 at 11:43:16 AM EST
    if that is what you mean.

    Did you criticize Jeralyn for her post?

    Parent

    Maybe your reading and the author are correct (none / 0) (#126)
    by robrecht on Wed Sep 10, 2008 at 12:35:29 PM EST
    Maybe your reading of the Newsweek article and the author are correct?  If so, I now agree with you.  (I'm sure you're relieved.)

    " ... the judge's inflammatory use of the phrase "emotional child abuse" due to complaints by the Palin family to the government about the conduct of Wooten ... the court's admonition to the Palin family to stop their complaints to the government about Wooten. ... a judge ... order a non-party to cease and desist from "petitioning the government for redress."  

    Judge Suddock apparently took it upon himself to prohibit the filing of grievances by the Palin family, beyond the litigant, Palin's sister, with the government of Alaska. This seems incredible to me. An abuse of power, if you will.

    Were there also, and perhaps even primarily, complaints about statements being made to the children?  I initially assumed that this must have been the fundamental nature of the case.  Perhaps the union testimony was only presented by the husband to show the extent to which the Palin family was going, above and beyond their direct interaction with the children.  All assumptions on my part.  Likely incorrect.

    But I still find this very hard to believe:

    "Is Judge Suddock really stating that such a threat could not be reported? Indeed, would he not want to know of this threat himself? Apparently not: ..."

    Bottom line?

    "Here's my bottom line politically - let this alone Democrats. The facts are bad on this and the actions (or likely inactions now) of Judge Suddock are impossible to defend."

    Are all the facts really known? I say leave it alone politically for that reason alone, not to mention the lack of focus on the most important issues of the campaign.

    Parent

    The Complaints May Fit Within the Sham Exception (none / 0) (#22)
    by kaleidescope on Wed Sep 10, 2008 at 08:42:20 AM EST
    To the Noerr Pennington doctrine.  I don't know that for a fact, but it could be argued.

    Parent
    The Knoerr-Pennington Doctrine (none / 0) (#28)
    by Big Tent Democrat on Wed Sep 10, 2008 at 08:48:05 AM EST
    for those unfamiliar with it, related to the filing of frivolous suits to further an antitrust scheme.

    The relationship to Knoerr-Pennington to this escapes me.

    Parent

    For those unfamiliar (none / 0) (#30)
    by Big Tent Democrat on Wed Sep 10, 2008 at 08:51:35 AM EST
    Wiki's description is not bad:

    There is an exception to the doctrine for sham proceedings. For example, in California Motor Transport v. Trucking Unlimited, 404 U.S. 508 (1972), the United States Supreme Court held that the Noerr-Pennington doctrine did not apply where defendants had sought to intervene in licensing proceedings for competitors, because the intervention was not based on a good-faith effort to enforce the law, but was solely for the purpose of harassing those competitors and driving up their costs of doing business. The sine qua non of a "sham" proceeding is not the purpose to harm a competitor, but rather the absence of any purpose to actually obtain government action. Thus, initiating an administrative proceeding that one actually hopes to win in order to harm one's competitors is within the ambit of the Noerr-Pennington doctrine, while initiating a similar proceeding that one does not meaningfully intend to win solely to delay one's business competitors is within the sham exception.

    In 1993, the Supreme Court rejected a purely subjective definition of a "sham" lawsuit, and set out a two-part test. See Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc., 508 U.S. 49, 113 S.Ct. 1920, 1926 (1993). Under the first prong of the test, a lawsuit fits within the "sham" exception to First Amendment immunity only if the lawsuit is objectively baseless in that "no reasonable litigant could realistically expect success on the merits." Only if the challenged litigation meets the first prong ("objectively baseless") may a court go on to the next prong, which consists of a determination of whether the litigant's subjective motivation in filing the objectively baseless lawsuit was an attempt to interfere with the business of a competitor.



    Parent
    And let;s remember (none / 0) (#31)
    by Big Tent Democrat on Wed Sep 10, 2008 at 08:52:32 AM EST
    Wooten waas suspended, so in essence, there was "Success."

    The sham exception to Noerr- Pennington works against the Dem argument here.

    Parent

    What is the "Dem Argument" Here? (none / 0) (#133)
    by kaleidescope on Wed Sep 10, 2008 at 02:07:36 PM EST
    What "Dems" are making this "argument"?

    Parent
    I assume (5.00 / 1) (#9)
    by Steve M on Wed Sep 10, 2008 at 08:21:15 AM EST
    that there is only a qualified privilege applicable to filing grievances.  But I would expect there to be some sort of official resolution of a complaint before a judge would feel competent to rule that it was filed merely for purposes of harassment.  The idea of admitting testimony from a union official to the effect that "gee, we here in the union think there is no merit to these unresolved complaints against one of our members" is a bit ludicrous.

    That said, it seems to me that the complaints were not the only examples of alleged disparagement.  And if I'm the judge, I would draw a firm line between disparagement occurring in front of the child - which I think I'm entitled to take into account - and alleged disparagement through official channels, which - even if it's wrong - isn't something the child knows about in any event.  In fact, it seems to me that if your ex-spouse genuinely is a bad person, the system ought to encourage you to raise it through official channels, rather than simply badmouthing the spouse in front of the kids as typically occurs.

    On the political side of this, I can't understand why people are treating this like some "drip, drip, drip" scandal when it's clearly not.  At the end of the day, if there's an official abuse of power finding then that might be worth something.  But along the way, all these random facts that keep trickling out are not especially harmful to Palin.  If you stay home one afternoon and flip on the TV, you'll be reminded that redneck divorce is considered a spectator sport in our country.

    I find this particualr drip (5.00 / 2) (#11)
    by Big Tent Democrat on Wed Sep 10, 2008 at 08:24:06 AM EST
    damaging to the claims of abuse of power and to this whole story for Democrats.

    Personally, and I seem a lonely figure here, I find Judge Suddock's action outrageous.

    Parent

    The article is vague (5.00 / 1) (#12)
    by Steve M on Wed Sep 10, 2008 at 08:26:39 AM EST
    but it seems less clear to me than it does to you that the alleged disparagement consisted SOLELY of official complaints to the state police.

    Regardless, the real story here is that they sent Michael Isikoff all the way to Alaska and he probably felt he had to write about something.  Gawd, divorce records.

    Parent

    That is consisted of it at all (5.00 / 3) (#15)
    by Big Tent Democrat on Wed Sep 10, 2008 at 08:29:27 AM EST
    is the problem.

    And since that is what the Newsweek article featured, I think it is fair to assume that that was the main thrust of the "disparagement."

    In addition, the use of the phrase "emotional child abuse" in the face of Wooten;s ADMITTED tasering of his stepson (consented to or not) is truly outrageous.

    Parent

    Maybe the Judge is okay (5.00 / 1) (#32)
    by cboldt on Wed Sep 10, 2008 at 08:53:32 AM EST
    Maybe the problem is Newsweek.  In your own words: "look at how Newsweek describes 'the continued disparagement of Wooten'"

    But what does the judge see and describe as disparagement?  That's what we don't know.  Rely on Newsweek (or any media outlet, for that matter) for accuracy at your own peril.

    I'm not saying the judge isn't overreaching, I don't anything about the judge.  But I have compared Newsweek reports with source documents on many occasions, and not to put a fine point on it, Newsweek has a habit of being misleading.

    Parent

    Why would he hear testimony (none / 0) (#37)
    by Big Tent Democrat on Wed Sep 10, 2008 at 09:00:47 AM EST
    from the police union official?

    Parent
    Good question (5.00 / 1) (#41)
    by cboldt on Wed Sep 10, 2008 at 09:09:25 AM EST
    I assume that each parent in a custody battle can bring in witnesses of their choosing.  My guess is Mr. Wooten called in the union official to score points against his then-wife and her family.

    But I doubt this was the ONLY testimony before the judge.

    Parent

    I doubt that there was anything else (none / 0) (#54)
    by Big Tent Democrat on Wed Sep 10, 2008 at 09:31:22 AM EST
    at issue. And indeed, the only thing we know for sure is that the police union official testified. I am not speculating, you are however.

    Parent
    It could make sense (5.00 / 1) (#51)
    by MKS on Wed Sep 10, 2008 at 09:23:19 AM EST
    if the complaints had been proven frivolous....

    But "disparagement" in front of the children is the concern.....

    The Judge threatened to have the child and the father relocated to Anchorage....How this relates to avoiding official complaints is unknown.  The story seems incomplete....

    Parent

    The judge made a mess of this (5.00 / 1) (#55)
    by Big Tent Democrat on Wed Sep 10, 2008 at 09:32:01 AM EST
    is what is clear to me.

    Parent
    I agree with you. (none / 0) (#14)
    by Emma on Wed Sep 10, 2008 at 08:29:21 AM EST
    I mean BTD. Agree with BTD. Oi. (none / 0) (#16)
    by Emma on Wed Sep 10, 2008 at 08:30:25 AM EST
    I agree with you too BTD (none / 0) (#70)
    by ruffian on Wed Sep 10, 2008 at 09:53:11 AM EST
    You just made the point so well I have nothing new to add to that part of the conversation. I have had no contact with family court and am new to this whole 'disparagement' legal concept.  It has been very educational, and I'm glad you brought it up.  It seems obvious to me that anyone should be able to file a complaint against a government employee and have it addressed.

    Parent
    BTD (5.00 / 4) (#13)
    by Emma on Wed Sep 10, 2008 at 08:28:33 AM EST
    This is right on.  As someone who used to volunteer in the field of domestic violence, these accusations of "disparagement" are very often a weapon used by abusive men to control the women they abuse and their children.  It is a short step from that to "parental alienation syndrome", for which there is no evidence.  This accusations of disparagement and PAS happen, as you discuss here, when women complain that their husband/father of their children is abusive.  These complaints of abuse then become "evidence" of PAS and disparagment of the man.

    IOW, the allegations of abuse against the man never get investigated, they get used against the woman making them.  That seems to be the case here.

    That is an issue I am unfamiliar with (5.00 / 2) (#17)
    by Big Tent Democrat on Wed Sep 10, 2008 at 08:31:43 AM EST
    and do not venture an opinion on it.

    Do you have any links you can point me to?

    I am opining on the taking of testimony on the filing of formal grievances with the government by the Palin family as "unacceptable disparagement." That really really bothers me.

    Parent

    Links (5.00 / 1) (#43)
    by Emma on Wed Sep 10, 2008 at 09:11:53 AM EST
    Link to the NOW site.

    Proponents of Parental Alienation portray parental alienation as a destructive family dynamic, usually manifesting during custody battles, in which one parent purportedly turns the child's sentiments against the other parent. Failure to recognize and correct this dynamic by ensuring that the child has a relationship with both parents, they claim, will cause great harm to the child. Indeed, nothing can be further from the truth. Parental Alienation is a discredited, pseudo-psychological theory whose application in custody determinations has caused great harm to children.

    Here's a link to Stop Family Violence.

    Gardner proposed that most allegations of child sexual abuse in custody proceedings were false - that a bitter or vindictive parent had planted such suggestions into the child to turn the child against, or alienate the child from, the other parent.  The remedy, Gardner held, was to punish the accusing parent and award custody to the parent the child rejected.

    The allegations of abuse/threats, the complaints filed by the Palins, were dismissed by the Family Court Judge as untrue, apparently without serious investigation, and labeled as "emotional abuse" of the child.  It is the same dynamic that obtains re:  PAS.  Allegations of sexual abuse are not seriously investigated and instead are used as evidence that the mother is alienating the child from the father.

    This is from a proponent of PAS:

    Domestic violence (DV) restraining orders are a perfect weapon for an alienating parent.  ... Obtaining a restraining order based on a false allegation of domestic violence gets the target parent out of the house and out of the picture.

    This, it seems to me, is the dynamic at play in the Wooten case.  That is, the Palins' complaints are characterized as false, made merely to influence the outcome of the custody case, and therefore harmful to the child.

    Parent

    Well (none / 0) (#50)
    by Steve M on Wed Sep 10, 2008 at 09:22:29 AM EST
    It seems the court did appoint a custody investigator in this case.  I have no idea how serious the investigation was, but I'm not sure what else they're supposed to do.

    This discussion reminds me somewhat of feminist thinking on the issue of rape, where the discredited position is the notion that women make up rape allegations all the time.  But even when you accept that most accusations are genuine, you still have to figure out what the truth is in an individual case.  You obviously can't presume "parents don't lie about abuse by the other parent" any more than you can presume "women never lie about sexual assault."

    Parent

    The Judge (5.00 / 2) (#56)
    by Emma on Wed Sep 10, 2008 at 09:32:17 AM EST
    clearly took it as fact that the Palins' complaints about Wooten were false.  True complaints about someone's actual conduct are not "disparagement".  It is not "disparaging" to file a police report that somebody hit you if somebody hit you.  It is not disparaging to file a complaint about somebody tasering a kid if he tasered a kid.

    Using the word "disparagement" is a clear indication that the Palins' complaints were presumed a) false and b) to be made solely for the purpose of harming Wooten.

    The "figuring out the truth" in THIS individual case is clearly prejudiced against those who made complaints about Wooten's conduct.  But we know that those complaints, i.e. that he tased the kid and made threats against the Palins (among other things), are in fact true.

    There was something more than fact finding going on here.  Filing true complaints is not disparagement.  "Disparagement" is not a fact.  It is an opinion.

    Parent

    Well (5.00 / 1) (#66)
    by Steve M on Wed Sep 10, 2008 at 09:47:28 AM EST
    I think you take it as a given that the judge simply "assumed" the complaints were false when we know, even from the limited information before us, that he considered actual evidence, including the report of the court-appointed custody investigator, the testimony off the union official (which I would tend to discredit), and we don't know what else.

    If you really want to know what was in the record upon which the judge made his determination, you actually have to look at the record.

    Parent

    Yeah (5.00 / 1) (#75)
    by Emma on Wed Sep 10, 2008 at 10:11:57 AM EST
    I'm a lawyer.  I get "the record".  I also get how to read judicial opinions that rely on unstated assumptions.

    Parent
    I'm a lawyer too (5.00 / 1) (#131)
    by jar137 on Wed Sep 10, 2008 at 01:48:18 PM EST
    and i would never make as many assumptions as you are on such little information.  Read the transcripts and the court's decision and then you can make statements with some authority.  It's like the famous McDonald's coffee case.  Many people found the decision outrageous, without seeing any of the evidence adduced at trial.  To state the obvious, the evidence is what governs.  Bald accusations and conclusions are, to my mind, worthless.

    Parent
    If you have (none / 0) (#82)
    by Steve M on Wed Sep 10, 2008 at 10:25:01 AM EST
    a copy of the judge's opinion, I'd be interested in reading it too.

    Parent
    Half right half wrong (none / 0) (#64)
    by CoralGables on Wed Sep 10, 2008 at 09:46:13 AM EST

    i.e. that he tased the kid and made threats against the Palins (among other things), are in fact true.

    Half right half wrong. The threats are alleged.

    Parent

    From this July article (5.00 / 1) (#74)
    by kredwyn on Wed Sep 10, 2008 at 10:07:29 AM EST
    it looks like the threats to the father were substantiated by an outside party and that's 1 of the 4 items in the "policy violations" and so on...

    Parent
    Palin harrassed Wooten (none / 0) (#102)
    by jwh186 on Wed Sep 10, 2008 at 11:32:04 AM EST
    Have you read the transcripts of Palin or McCann's interviews with Trooper Wall (the investigator into the accusations Palin made against Wooten in her email to Colonel Grimes) or his final report?  Palin had no first hand knowledge of almost all of the 13 accusations she made against Wooten, they were all based on stories her sister and father told her (and, which, by the way they couldn't or wouldn't confirm when Wall interviewed them. Even Track, Palin's son, contradicted Palin's version of events in one case.) Palin deliberately lied about evidence she had to substantiate one of her accusations. In her email to Colonel Grimes she claimed a bartender "testified" to a private investigator as to Wooten's behavior at the Mudshot bar.  When Trooper Wall asked her about this she claimed that in fact neither the bartender nor anyone else at the bar at the time in question, would even talk to the private investigator (for fear of reprisals from Wooten.)  In the end 10 of the 13 accusations against Wooten were found to have NO merit. It is impossible, after reading the interview transcripts and final report, to wonder how Wooten didn't sue Palin for slander.  

    This was Trooper Wall's finding on the claimed threat to Palin's father "Molly McCann, Sarah Palin and Track Palin allege that on February 17, 2005, Investigator Wooten made a comment to Molly McCann that he would shoot her father if he hired a lawyer for her. McCann advised that Investigator Wooten made this comment to her, and that Sarah and Track Palin who were listening over an open telephoneline overheard it. Investigator Wooten was questioned about the comment and denied ever making the statement. Although McCann, Sarah Palin and Track Palin all recalled hearing the statement, a statement 'or implied threat to a non-present third party is not a crime. Although McCann and Sarah Palin felt that their father's life was in danger by the statement, neither mentioned the threat to their father for several weeks. Nevertheless, a statement of this sort by a trooper reflects badly on AST

    I'm not condoning Wooten's behavior in any way but Palin does NOT deserve to be let off the hook.  This isn't a slam dunk for Palin, by any means.  

    Parent

    Sorry, didn't make this clear (5.00 / 1) (#45)
    by Emma on Wed Sep 10, 2008 at 09:13:40 AM EST
    I am opining on the taking of testimony on the filing of formal grievances with the government by the Palin family as "unacceptable disparagement." That really really bothers me.

    I'm saying what you've identified here, is the same dynamic that obtains in cases of alleged PAS.  That is, complaining of abuse by the child's father = disparagement of the father which is harmful to the child and the father.

    Parent

    There is no (5.00 / 1) (#86)
    by Emma on Wed Sep 10, 2008 at 10:28:27 AM EST
    evidence that supports the existence of something called PAS.  It's entirely made up.

    Parent
    She wasn't Mayor at the time (5.00 / 3) (#21)
    by nycstray on Wed Sep 10, 2008 at 08:39:30 AM EST
    she was a private citizen from what I can tell. Her term ended in 2002. :)

    Good point (5.00 / 2) (#23)
    by Big Tent Democrat on Wed Sep 10, 2008 at 08:44:27 AM EST
    I need to change that

    Parent
    As I understand it ... (5.00 / 1) (#24)
    by Robot Porter on Wed Sep 10, 2008 at 08:44:49 AM EST
    she wasn't even on the Energy Commission.  She resigned from that in 2004.

    This seems to even strengthen BTD's argument.

    Parent

    Yes a private citizen (5.00 / 1) (#25)
    by Big Tent Democrat on Wed Sep 10, 2008 at 08:45:56 AM EST
    To me that ruling defies common sense. (5.00 / 1) (#26)
    by Bob K on Wed Sep 10, 2008 at 08:46:02 AM EST
    IANAL, but how can the sister be penalized for the actions of another? If Sarah and the sister didn't get along, that would allow Sarah to continue to ignore the order and punish the sister indirectly through court action.

    Parents have control (none / 0) (#36)
    by cboldt on Wed Sep 10, 2008 at 09:00:18 AM EST
    The assumption is that if a sister comes in and starts in with slamming the spouse, the parent can tell sister to leave, or to change the subject, or "mum."  The responsibility lies with the parent in custody, and the judge's order puts some teeth into what could otherwise be a darned awkward family/personal argument.   IOW, the parent can say, "Listen, you know there are court-oversight ramifications to talking like that, here."

    Parent
    Not the issue (none / 0) (#46)
    by Big Tent Democrat on Wed Sep 10, 2008 at 09:15:02 AM EST
    Indeed, I take your point that Judge Suddock was ordering the Palin family to stop filing official complaints against Wooten.

    That is what I find outrageous.

    Parent

    My point was more on Newsweek (none / 0) (#49)
    by cboldt on Wed Sep 10, 2008 at 09:21:27 AM EST
    I doubt that the Judge was ordering the Palin family to stop filing official complaints against Wooten.  

    I'm not saying it's false, just that I doubt it.  I deeply discount Newsweek stories that invite conclusions, without providing the FACTS, in this case, source documents.  I am especially wary when the issue has significant political ramifications.

    Parent

    I think it is perfectly clear (none / 0) (#57)
    by Big Tent Democrat on Wed Sep 10, 2008 at 09:33:49 AM EST
    that that is precisely what had happened.

    Parent
    BTD voices what I thought I read (5.00 / 5) (#34)
    by heg on Wed Sep 10, 2008 at 08:55:05 AM EST
    I read another blog post about this article, in which the blogger approved of the judge's actions, but I was taken aback: I thought, "Wait, the judge told Sarah Palin and her family that they couldn't file official complaints about Wooten's abusive behavior with the court or government? Isn't that a violation of their rights?"

    Plus, the judge's description of their complaints as "emotional child abuse" is somewhat ridiculous, seeing as a) the Palin family filed complaints with the appropriate government officials, not in an informal setting and in any case, b) I'm certain the children already were aware of vitrol being spewed by their father against the Palin family and vice-versa.

    I completely agree with BTD: If the judge is forbidding the Palin family from formally reporting threats through official channels, then it is a violation of their First Amendment rights and a clear abuse of the judge's power--not a winning issue for the Democrats to flog.

    right to redress... (5.00 / 1) (#73)
    by kredwyn on Wed Sep 10, 2008 at 09:59:28 AM EST
    judge protecting the officer from formal redress.

    Interestingly 2 months later, said officer is suspended after allegations are investigated.

    Parent

    Prejudicial? (1.00 / 1) (#68)
    by CoralGables on Wed Sep 10, 2008 at 09:51:14 AM EST

    that they couldn't file official complaints about Wooten's abusive behavior with the court or government? Isn't that a violation of their rights?"

    Your post loses credibility because you assume abusive behavior. No abuse charges were ever filed.

    Parent

    Palins's sister (5.00 / 1) (#78)
    by Emma on Wed Sep 10, 2008 at 10:14:04 AM EST
    got a restraining order against Wooten at the time she filed her divorce papers.  So, yes, abuse charges were "filed", i.e. were the reason the restraining order was issued.  And charges were filed with the Union, which led to Wooten being suspended from his job.

    Parent
    Not quite (2.00 / 1) (#81)
    by CoralGables on Wed Sep 10, 2008 at 10:22:20 AM EST
    You are wrong. He wasn't suspended five days for abuse. You are using the term "abuse" as an inflammatory gesture when you could just as easily stick to the facts.

    Parent
    He was suspended (5.00 / 1) (#83)
    by Emma on Wed Sep 10, 2008 at 10:25:19 AM EST
    in part for tasering his 11 year old stepson.  That is abuse in my book.

    Parent
    Emma is right (5.00 / 1) (#90)
    by Big Tent Democrat on Wed Sep 10, 2008 at 10:46:25 AM EST
    You are quite wrong on the facts.

    Parent
    I do believe you are wrong (none / 0) (#91)
    by CoralGables on Wed Sep 10, 2008 at 10:53:50 AM EST
    Show me anywhere that abuse was filed in a criminal action in this case and I will stand corrected. As for "Emma's Book" as to what does or doesn't constitute abuse, I suspect no lawyer would take that book to trial.

    You're letting opinion get in the way of facts.

    Parent

    Broomfield (none / 0) (#94)
    by kredwyn on Wed Sep 10, 2008 at 11:01:28 AM EST
    In this case, the officer is charged with child abuse for using a taser on a kid.

    Not sure if it's relevant, but it seems like there are others who think that using a taser on a kid might be considered abuse.

    Parent

    I'm certainly not saying (none / 0) (#96)
    by CoralGables on Wed Sep 10, 2008 at 11:11:01 AM EST
    the use of the taser couldn't be abuse, but the facts in this case including the testimony of the family suggests it was just ...ummm..."friendly stupidity?" which may explain why no charges were ever filed.

    Parent
    It was... (5.00 / 1) (#97)
    by kredwyn on Wed Sep 10, 2008 at 11:17:41 AM EST
    according to what I've read...an absolute violation of policy that the trainer (he claims to be a trainer in the use of tasers) should've known about.

    Just because your 11 year old kid asks you to taser him, the responsible adult (police officer and taser trainer) gets to say "No."

    That he ignored training and policy is a breach in policy...and part of why he was suspended.

    The police investigating should've filed a report with Family Services. If they did not, that's a failing on the part of the investigation.

    Parent

    Or... (none / 0) (#100)
    by CoralGables on Wed Sep 10, 2008 at 11:27:18 AM EST
    it was filed and I believe that it would never be made public if the finding was that there was no abuse. In Florida it is the law that a doctor, teacher, police officer etc. has to call in a report if abuse is even "suspected". No evidence needed and it is investigated and filed away.

    Parent
    And since the trooper investigation (none / 0) (#103)
    by kredwyn on Wed Sep 10, 2008 at 11:34:58 AM EST
    was still going on after the divorce happened (Grimmes's letter was written 2 months after the divorce ruling), it's entirely possible that the judge never knew about it...or the other investigation findings.

    Parent
    The context in which the tasering happened (none / 0) (#108)
    by jwh186 on Wed Sep 10, 2008 at 11:40:18 AM EST
    Wooten's (10 or 11 year old) stepson claimed, in his interview with Trooper Wall, that he "begged his stepfather to taser him so he could prove to his cousin, (I think Bristol) that he was not a mama's boy.  Wooten had him go down on his knees and tasered him on the lowest level for 1 second.  I AM NOT CONDONING WOOTEN'S TASERING OF HIS SON but he does deserve to have the incident put in context.

    Parent
    Geez if my son asked me to beat him with a bat (5.00 / 1) (#116)
    by Maria Garcia on Wed Sep 10, 2008 at 12:01:56 PM EST
    ...would that provide context for why I bashed his head in? I suppose it would but, so what?

    Parent
    Further context (5.00 / 1) (#122)
    by tree on Wed Sep 10, 2008 at 12:19:42 PM EST
    According to Palin's email complaint to Col Julia Grimes of the state troopers:

    Wooten's total disregard for the safety of others was blatantly apparent when he shot his 11-year old stepson, Payton with his Taser gun. My 14-year-old daughter, (Bristol Palin) was terrified as she witnessed this incidence, and pleaded with Wooten not to follow through on his intended action of "letting Payton feel what a Taser can do". Wooten "offered" to shoot Bristol with the Taser after Payon was knocked over by the shock and Bristol continued to protest Wooten's action, and he followed up by offering to spray them both with pepper spray so they could "feel that, too". Wooten's wife aggressively protested during the Taser gun incident, she cried, he calls her and Payton "f**king p#ssys"  for protesting.

    I don't know exactly what happened during the incident. No one does except those who were there, but frankly, if my daughter had related this to me, I'd be frigging out of my mind with worry and anger. This is not an incident that anyone should be trying to use for political gain. If you want to criticize Palin on the issues, fine. But bringing up this  whole trooper thing is mean and petty and will probably end up being counterproductive to Dems who try to exploit it. If decency won't stop you, at least let practicality and strategy show you how bad Dems look trying to make an issue out of this.

    Parent

    And for that 1 second... (none / 0) (#114)
    by kredwyn on Wed Sep 10, 2008 at 11:55:09 AM EST
    he broke policy.

    Parent
    You must be joking (none / 0) (#109)
    by Big Tent Democrat on Wed Sep 10, 2008 at 11:40:49 AM EST
    Let's see... under two months to go (5.00 / 4) (#35)
    by Exeter on Wed Sep 10, 2008 at 08:58:13 AM EST
    and we are hitting the VP on this?  Ethics, unmaverickness behavior, I get that line of attack, but this is a soap opera quagmire that Dems are getting stuck in their wild-eyed, relentless, anything-goes attacks on Palin.

    Judge Suddock is a Democratic ... (5.00 / 1) (#39)
    by Robot Porter on Wed Sep 10, 2008 at 09:08:48 AM EST
    appointee.

    Appointee to the Anchorage Superior Court, Third Judicial District in 2002 by Democratic Governor Tony Knowles.

    Are you saying... (none / 0) (#71)
    by CoralGables on Wed Sep 10, 2008 at 09:53:30 AM EST
    That accuracy of rulings by judges can only be determined by the Governor that appointed them?

    Parent
    He is saying (none / 0) (#120)
    by Big Tent Democrat on Wed Sep 10, 2008 at 12:12:59 PM EST
    that if you are going to play politics on this, people will play politics with that fact.

    Parent
    Leave this alone (5.00 / 3) (#40)
    by ruffian on Wed Sep 10, 2008 at 09:09:14 AM EST
    good advice to Dems. Ooops, too late.

    I imagine Palin will make a very good defense of her actions to Charles Gibson later this week. I strongly disagree with her policies, but her media skills are pretty good.

    Yup, her media skills ... (5.00 / 3) (#44)
    by Robot Porter on Wed Sep 10, 2008 at 09:12:04 AM EST
    are good.

    And Dems mock her degree in Communications.  That degree is one of the reasons she is where she is today.

    Parent

    Gees. god forbid we (5.00 / 2) (#62)
    by ruffian on Wed Sep 10, 2008 at 09:42:44 AM EST
    have a non-lawyer candidate.

    No offense to lawyers, of course, but other professions are acceptable.  Spoken as the sister of a Communications professor.

    Parent

    I'm an absolutist (5.00 / 3) (#48)
    by DancingOpossum on Wed Sep 10, 2008 at 09:18:37 AM EST
    ...When it comes to the First Amendment I'm an absolutist. So I agree with BTD on this one. The judge outright stated that he woud not allow official statements--this refers to official petitions and complaints, not private conversation in front of the children. It's unconscionable. If he believed that the Palin family was abusing its right to petition the govt. by filing frivolous or malicious claims, he ought to have said so--and provided some evidence.

    By absolutist what do you mean? (none / 0) (#132)
    by jar137 on Wed Sep 10, 2008 at 02:05:21 PM EST
    I ask sincerely because I have had several discussions with people who call themselves 1st amendment absolutists.  If someone continually made false child abuse allegations against another, should a judge never step in and compel the party to cease and desist?  Do you believe  language inciting violence/crime is protected?  Should a person be free to yell fire in a crowded theatre without any repercussion?

    If you accept there are some reasonable limits to speech, the judge's decision may be reasonable.  (I don't know the facts, so I will withold my judgment.)  If the Palin family were using the process to harass, the judge had the right to stop the behavior if it was in the best interest of the children.

    Parent

    Thank you for highlighting the passages (5.00 / 6) (#53)
    by Anne on Wed Sep 10, 2008 at 09:29:10 AM EST
    you did; if all I had done was read Jeralyn's post, and had not read the entire Newsweek article, I would have a much different take on the situation than I do.  I would encourage anyone who did not read the whole article and who relied, instead, on Jeralyn to make a fair assessment of the facts and the issues, to do so, and do so objectively.

    Thanks, BTD, for your ongoing objectivity; it's what keeps me reading.

    The judge's reasoning makes no sense to me; holding custody of the child hostage to the mother's ability to control what her family members say strikes me as beyond reasonable, and effectively inhibiting the Palins' ability to report threats to their security would seenm to extend beyond the limits of the judge's authority.

    But all that aside, I think this never-ending litany of Palin-Palin-Palin is counter-productive and distracting.

    Devil's advocate (5.00 / 1) (#58)
    by magster on Wed Sep 10, 2008 at 09:34:54 AM EST
    If the judge saw the allegations against Wooten as frivolous and vindictive, and the Palin side of the family was involving the kids in these issues, then many a family-court judge would have this opinion.  That Palin continued her crusade against Wooten to the governor's office would then show that she'd have no problems doing something vindictive - say, for example, to an undercover spy-spouse of a critic of Palin. After 8 years of abuse of power, troopergate bothers me, especially the recent non-cooperation by Palin's office in AK.

    The flip-side, as many have pointed out, is that legitimate complaints about a DV abuser are being pooh-poohed, and Dems are putting on blinders to this possibility because we hate Palin.  

    The judge was opiniing (5.00 / 1) (#63)
    by Big Tent Democrat on Wed Sep 10, 2008 at 09:46:13 AM EST
    on the merits of the complaints against Wooten? No kidding.

    Funny though, Wooten got suspended by the body which did have jurisdiction.

    Sounds like pretty outrageous stuff from the judge.


    Parent

    I, too, fail to see (5.00 / 2) (#67)
    by Coral on Wed Sep 10, 2008 at 09:48:11 AM EST
    the political usefulness of this line of attack on Palin. The facts in a case like this, involving relatives, a messy divorce, allegations (and admissions) of child abuse, are murky and contentious.

    The risk of alienating people, especially women with children, is great. And Obama's poll numbers lately do show a loss of support in that group.

    Democrats need the women's vote to win.

    Why on earth would anyone want to go on a crusade on behalf of an alleged child abuser as an election issue?


    Parent

    Family court (5.00 / 1) (#124)
    by nellre on Wed Sep 10, 2008 at 12:25:21 PM EST
    The family court system is ill prepared to handle the ugliness that can come out of such a proceeding.
    Having witnessed first hand outrageous lies being treated seriously by the courts... until it fell into the hands of a competent judge who saw it for what it was... I do understand the judges attitude. There are some who abuse the system.
    I'm not saying Palin's family did abuse it, but abuse must be pretty common. There are people in the system (such as some in family protective services) who can become downright rabid.

    BTD, take a deep breath, (1.00 / 1) (#79)
    by cpinva on Wed Sep 10, 2008 at 10:18:56 AM EST
    and get your brain working again. apparently, the majority of the OFFICIAL complaints against trooper wooten WERE dismissed, after an internal investigation. to claim that the judge alone dismissed them is purely disengenuous on your part, and is not substantiated by the known facts, as reported in the press.

    in short, you're bloviating.

    judges in domestic courts, where children are involved, have wide latitude to excercise their discretion, mr. volokh's bloviating not withstanding; the best interests of the child historically supercede any first amendment rights of the parents and family. no one's rights are absolute.

    i would note also that the complaints regarding trooper wooten started AFTER the divorce/custody proceedings engaged, not contemporanously with the alleged infractions, some of which were said to have occured years before. again, as reported by the press. had the family considered it so vital, the question is begged: why weren't they reported in a timely fashion?

    i have no clue, nor do you, i'll leave that for the court to sort out.

    as well, i wasn't aware that you, and you alone, determined who was considered a valid witness, in any proceeding. apparently, the judge in this case disagreed with you. that you don't like it is, well, irrelevant.

    but, aside from all that, the point jeralyn was making, and you and your's have seen fit to be intentionally oblivious to is: gov. palin's continued personal involvement in this matter, in her official capacity as gov., not as a private citizen.

    aside from that question of ethics, currently being investigated, this is all just another sad domestic spectacle, unfortunately involving children.

    how far this issue should be used, with respect to the campaign, is a valid issue. for myself, i have a problem, if it turns out gov. palin did violate the conflict of interest and ethics rules, so it would matter to me, since professionally, i must abide by those same rules.

    how it would fare with the general public is another matter, given trooper wooten's less than sterling record.

    Oh (5.00 / 1) (#80)
    by Big Tent Democrat on Wed Sep 10, 2008 at 10:22:17 AM EST
    A MAJORITY were dismissed. Well that makes it all better.

    You are acting the fool on this.

    Parent

    Majority would be the wrong term (1.00 / 1) (#88)
    by CoralGables on Wed Sep 10, 2008 at 10:43:40 AM EST
    This is no defense but, no definitive number of complaints filed has actually been stated but "dozens" is the term, two he admitted to, three led to the suspension, that is maybe closer to 90% dismissed? And it should be noted no criminal charges ever filed at all.

    Regardless, the actions of the trooper were all in the past and, as was stated, all happened months and years before they were ever brought up. The issue is, did the current Governor and her husband use her political office in a vindictive and illegal manner.

    An interesting quirk in all these complaints is, from the start they never seem to come from the ex-wife.  They all come from the father in law, the brother in law, and the sister in law. Discover what it is that set them off (who the alleged affair was with?) and you may be closer to finding the truth.

    Parent

    This suspension was his last (5.00 / 2) (#93)
    by kredwyn on Wed Sep 10, 2008 at 10:56:32 AM EST
    warning according to the letter written by the head of the troopers.

    It's pretty clear to me that he was on his last legs with the force and should he screw up again, he'd be out.

    Parent

    True (3.00 / 2) (#95)
    by CoralGables on Wed Sep 10, 2008 at 11:06:59 AM EST
    which would lead one to suspect he has been a model trooper for the last several years.

    Parent
    It tells me that (5.00 / 1) (#98)
    by kredwyn on Wed Sep 10, 2008 at 11:20:10 AM EST
    his jacket is filled with various claims of policy breaches...

    A model trooper?

    Parent

    You mis-read me (5.00 / 1) (#101)
    by CoralGables on Wed Sep 10, 2008 at 11:30:55 AM EST
    a model trooper since his suspension three years ago(?) yes. Before that not so good. That is unless the statement that it was his last chance was false statement.

    Parent
    Suspension March 2006 (none / 0) (#104)
    by kredwyn on Wed Sep 10, 2008 at 11:37:49 AM EST
    so...a year and 3/4?

    And I'd say that the "last chance" part is par for the course with the written warning process.

    Parent

    Here are the 3 that stuck, terrifying arent' they? (1.00 / 1) (#112)
    by jwh186 on Wed Sep 10, 2008 at 11:49:38 AM EST
    The three that stuck were
    1.  a ridiculous charge for killing a moose his wife had a permit to kill but didn't want to.
    2.  The tasering, which I addressed in a previous comment
    3.  The threat he allegedly made to the father (and which Palin nor her sister told the father about for several weeks

    As one commenter pointed out many of the charges against Wooten happened years prior to Palin actually making these formal accusations.


    Parent
    Um (none / 0) (#119)
    by Big Tent Democrat on Wed Sep 10, 2008 at 12:12:08 PM EST
    no, they did not.

    In particular, the threat to kill Palin's father was made in the midst of the divorce proceedings.

    Amazing how ignorant people insist on their nonsense.

    Parent

    I'm not a lawyer but am aware of the facts (none / 0) (#129)
    by jwh186 on Wed Sep 10, 2008 at 01:16:08 PM EST
    Have you read all the transcripts of the interviews conducted by Trooper Wall or of his finding? Or the email Palin sent Grimes, claiming there was lots of evidence for her claims, but then couldn't substantiate when questioned by Trooper Wall.

    If there was all this concern why did it take, in some cases, up to two years to report any of it?

    And, why did Sarah claim the bartender of the MugShot "testified" as to Wooten's behavior that night, to a private investigator, in her email to Grimes but then admitted to Trooper Wall  the bartender wouldn't even talk to the private investigator?

    And why did Molly's lawyer subpoena a Trooper to a visitation hearing and then just as he was about to take the stand admit Wooten wasn't intoxicated on a given night (and therefore there was no need to have the subpoenaed Trooper testify?    

    And why did Track, Palin's son, contradict her report to Trooper Wall that the reason they listened in on a conversation between Molly and Wooten wasn't because they feared for Molly's life but because they were listening for an admission of indiscretions?

    And her charge of Wooten killing the moose...Palin was charged with using the wrong fishing net, which was a felony, to which she pleaded "no contest."  When confronted about it she said it wasn't a felony that the court person made an administrative mistake when entering the charge, only to be found out to be lying when someone found a report of the incident and it was listed as a felony.

    I'm just pointing out Palin first lodged a lot of these accusations once the divorce got "ugly" and her accuracy and judgment leave a lot to be desired.

    Yeah, I trust Sarah and her sister's version of things.  

    Parent

    BTD (none / 0) (#3)
    by Polkan on Wed Sep 10, 2008 at 08:04:53 AM EST
    Do you there is any legal barrier for Palin to present her version of this story to Charlie Gibson on primetime TV interview? Not in the context of this judge but in the context of the investigation?

    Less and less of a barrier imo (5.00 / 1) (#4)
    by Big Tent Democrat on Wed Sep 10, 2008 at 08:10:49 AM EST
    Once the union official decided to testify about the complaints filed against Wooten by the Palin family, I would argue that confidentiality has been waived.

    I think the can of worms is now open.

    Parent

    If this blows open family courts everywhere (5.00 / 8) (#29)
    by Cream City on Wed Sep 10, 2008 at 08:48:41 AM EST
    then I say: Go, Governor Palin!

    What you see here is nothing new to those of us who have been radicalized by being subjected to the travesty of so-called "family" courts in the so-called justice system in this country.  

    Many of us have been subjected to orders such as this -- or even worse, believe me, when in the hands not of judges but of "family court commissioners," whom a lawyer friend of mine defined as people who couldn't get hired by law firms.

    And the "best interests of the child" are not what interests these courts.  It is the best interests of the state in not having to pay a penny for children.  In my case, I was ordered out of school and my part-time employment, near graduation as I was and therefore near to full-time employment with more autonomy to be with my children.  (Instead, I bargained to stay in school but receive no maintenance or child support and never apply for welfare, etc., so that when I began my new career, I began it deeply in debt -- and could not help my children when they got to college.  Nor did the court order their well-off parent to pay anything for college.  Etc.)

    Read Chesler's Mothers on Trial.  I particularly recommend the chapter in which she compares a transcript of a modern-day custody case to a transcript from a Salem witchcraft trial.  And I'm sorry to say that some of it resembles some of what I am reading at this site.

    Parent

    In California (none / 0) (#59)
    by MKS on Wed Sep 10, 2008 at 09:37:26 AM EST
    a parent can never irrevocably bargain away support payments, etc.  One can do a deal based on the current situation....but if circumstances change, then a modifcation can occur....such changes can include increased or decreased income of either parent.

    The support issue here is governed by a computer program they call the Dissomaster--it is not technically mandatory to do use it, but they all do.  Child and spousal support payments are based on the incomes of both parents and the number of days the child is in the physical custody of the parents....You plug in the numbers and out comes the support payment....end of story.

    A child's future support cannot be given away by either parent....against public policy here.

    Family law commissioners do have a reputation of being less academically qualified than other judges....but some of them are quite good....the required skill set being not so much academic acumen but (supposedly) common sense, fairness and a good ability to be fair in difficult situations....

    Parent

    It is also true (5.00 / 1) (#121)
    by waldenpond on Wed Sep 10, 2008 at 12:14:59 PM EST
    the state does write off child support payments.  The parent may not be able to waive monies but the state does it all the time.  Even better, the state wrote off a bunch of debt (monies owed to children) and then patted themselves on the back about how well they were doing on days outstanding.

    Parent
    How nice for one state (none / 0) (#61)
    by Cream City on Wed Sep 10, 2008 at 09:40:44 AM EST
    of 50, plus who knows what goes on in our territories.

    It is a travesty in too much of this country.  And as "family court" is the only point of contact with the court system for many of us, it makes us lose trust in the rest of the court system.  

    It would seem that those in the profession of law ought to be most concerned about that.

    Parent

    Other states (5.00 / 1) (#113)
    by MKS on Wed Sep 10, 2008 at 11:55:08 AM EST
    may be that way too--I just know about my state.

    We do what we can here....and fully understand the frustration and sense of betrayal that results when the Family Law courts go awry.  One change has been that fewer commissioners handle Family Law cases and most cases are heard by full-fledged Superior Court Judges.  Quite a few judges rotate off the Civil Panel through Family Law at some point in their careers.

    The original "Fathers Rights" groups tended to be social conservatives--punishing women for divorcing their husbands imo.  

    Parent

    That makes me wonder (none / 0) (#7)
    by Polkan on Wed Sep 10, 2008 at 08:19:10 AM EST
    if we have to brace for another gust of Hurricane Sarah, if only to change the subject from Swinegate to this and to go on attack.

    If so, then once again she could end up with a perfect low-expectation opening to make her case and win sympathy against angry mean-spirited and vindictive liberals.

    Parent

    At least in CA, only the officer (none / 0) (#128)
    by oculus on Wed Sep 10, 2008 at 01:04:22 PM EST
    can waive the confidentiality of the contents of his personnel file, except in specified circumstances.

    Parent
    What about the investigation in progress? (none / 0) (#65)
    by ruffian on Wed Sep 10, 2008 at 09:46:48 AM EST
    If she says she won't comment at all due to the investigation in progress, she's toast, even though it might be the correct legal course. Way too much like Bush.

    It will be interesting to see which way she goes with it.

    Parent

    Does anyone have a full copy of the Judge's order? (none / 0) (#6)
    by barryluda on Wed Sep 10, 2008 at 08:18:27 AM EST
    It seems to me that BTD is right if the judges point was that the Palin family could not make any disparaging remarks.  However, if the point was that the Palin family could not make disparaging remarks in the presence of or aimed at the children, it doesn't seem as unreasonable.

    Of course, given Palin's fame and the media attention, none of this holds water anymore since anything Palin does will likely get to the children.  So, it seems the judges order, at this point, wouldn't make any sense since you can't restrict free speech and the right to petition the government, even if it arguably goes against the interest of the children.

    A police union offical testified about what? (5.00 / 2) (#8)
    by Big Tent Democrat on Wed Sep 10, 2008 at 08:21:13 AM EST
    Certainly not about statements made to the children.

    It was about the complaints filed with the state agency.

    Parent

    I don't understand how you jump to the (none / 0) (#19)
    by Joelarama on Wed Sep 10, 2008 at 08:35:50 AM EST
    conclusion that this should not be used politically.  Whatever the judge did, I hope the Dems use it better than they have used other opp information.

    And, even outside family cases, I have encountered judges making admonishments to third parties -- threatening adverse action on a party to the dispute at hand -- that might be construed as limiting the third party's rights (that is, assuming the third party has an interest in seeing the party to the case avoid sanction).  Whether that amounts to an "order" to a third party, as a practical matter, does not generally come up.  That's because people are afraid of pissing off judges.

    And as a practical and political matter, I see no way that McCain/Palin can win on a "blame the judge" counter.

    Give me your best examples (none / 0) (#27)
    by Big Tent Democrat on Wed Sep 10, 2008 at 08:46:36 AM EST
    of something comparable to this.

    Parent
    Seems like we are the .... (none / 0) (#47)
    by Kefa on Wed Sep 10, 2008 at 09:18:25 AM EST
    boxer in the late rounds behind on points trying for the desperate knockout. Not good.

    Ignore her, Tent (none / 0) (#52)
    by Dadler on Wed Sep 10, 2008 at 09:27:39 AM EST
    If you really think she should be ignored, then stop posting about her.  Period.  I have no illusions about her or what she stands for -- everything wretched about modern, logic hating American puritanism.  I spent years immersed in evangelical culture, I speak from direct experience.  

    Ignore.

    This sounds like typical family (none / 0) (#60)
    by eric on Wed Sep 10, 2008 at 09:39:35 AM EST
    law to me.  Sometimes judges are put in positions where they see outrageous behavior that they can't stop with the authority they have.  It's the kind of thing that you love when you have the judge on your side, and hate when she isn't.

    Now, let's face it.  Palin and her family were acting as proxies for the wife here.  They wouldn't be lodging complaints but for the divorce.  The judge is just trying to keep the peace here.  And from my perspective, this is an extremely small overstep by the judge.

    Thanks, BTD for all that. (none / 0) (#69)
    by andrys on Wed Sep 10, 2008 at 09:52:32 AM EST
      I didn't realize she was a private citizen at that particular time.  This was true also in the letter she wrote in 2005 since that was 25 months ago.

      Some have told me that she and the family should have been filing complaints to the right departments instead of just trying to get him fired.  Apparently they did, at least at one of the right places.  

      If the disparaging remarks were bothersome to the recipients because they were  frivolous, that's another thing but I haven't seen that said yet.

      And I don't understand why the union rep was able to get the judge to stop the family from filing their complaints.

      I hope some, armed with more knowledge than I, will write Newsweek about this (where it gets seen and I don't mean the Comments area which seem never reviewed for all the horrors that stay on them).

    For this separate thread, I'll (5.00 / 4) (#76)
    by andrys on Wed Sep 10, 2008 at 10:12:07 AM EST
    post another link to Palin's long typewritten note (when she was neither Mayor nor Governor) about the family's concerns (2005) but with regard to Wooten and the emotions that would be stirred if the tasering incident is true.

      And, for new readers to this topic, see kredwyn's post about an assessment outside the family and with some authority of Wooten's professional behavior.

      Yes, I know that we're talking about possible abuse of power, but this emotionally intense situation which involves  some understandable fear on the part of the family that was expressed before any mayoral or gubernatorial responsibilities were involved is just not as presented by political-supporters of one side and hardly (when it's the only such pending-case in question) indicative of general abuse of power as has been said -- or hoped -- in the past 2 weeks.

      And, to me, the legislative investigation looks like pure politics to me (and to others) since Monegan served at the Governor's pleasure.  She needed no reason to fire him.


    Parent

    Don't people get it? (none / 0) (#72)
    by Manuel on Wed Sep 10, 2008 at 09:53:53 AM EST
    BTD is right on.  Attacks on this issue only make Palin/McCain more attractive to independent voters.  The symbolism in this story Judge/Trooper/abusive brother in law resonates with their experience and make Palin look sympathetic.  I liked Hillary's framing of he race the other day.  "Who is for me?".  Voters often confuse that question with "Who is like me?".  The Republicans are playing politics and the Dems are letting them get away with it.

    On this one, we shouldn't be commenting (none / 0) (#77)
    by Christy1947 on Wed Sep 10, 2008 at 10:13:31 AM EST
    without reading the entire file. We don't, for example, know who subpoenaed the State Police official to testify. And we don't know save for press reports whether the complaints' timing bore some relationship to the events in question, or were only filed a year later when the custody matter got going, separate and apart from the divorce.As I recall, at least some of the reporting on this said that there was no time connection, and a whole slug of complaints hit long after the fact.  That is useful information which the judge would have but we don't.  

    One thing needs to be mentioned however. Every court in the land has some rule which prohibits the chronic abuse of  the invocation of official procedures, usually but not always the filing of repetitive litigation, where people file and refile and refile again once the procedures under whatever local rules are have run their course. Generally, they prohibit the chronic offender from filing any more actions or procedures without a court review. And probably sanction him or her with huge fines for frivolous and abusive prior filings, without a long history of which you don't get barred from doing it any more without court review in the first place.

    It does appear here that the judge thought some sort of abuse of the ability to file complaints was present and was having a possibly negative effect on the children.

    Focus. The topic here pertains (none / 0) (#85)
    by Cream City on Wed Sep 10, 2008 at 10:28:13 AM EST
    to a time period when Palin was a private citizen.

    That makes your post moot.  Try again.

    Parent

    How so? (none / 0) (#134)
    by jar137 on Wed Sep 10, 2008 at 02:29:28 PM EST
    The poster's point (pardon me for speaking for you)is that courts will take action to prevent abuse of the legal system.  How does Palin's status at the time of the complaints render this principle irrelevant?

    Parent
    Thank you, jar 137. (none / 0) (#149)
    by Christy1947 on Wed Sep 10, 2008 at 07:44:53 PM EST
    Most of those against whom the abusive litigation rules are applied are civilians.

    Parent
    From A Political Point of View (none / 0) (#89)
    by mmc9431 on Wed Sep 10, 2008 at 10:43:52 AM EST
    Democrat's better run from this as far as they can. It's poison. The perception will be that she tried to everything she could to protect her family from an alleged abusive ex brother-in-law. She'll be the hero, not the villain, even if it's shown that she abused her power to do it.

    Silly Post (none / 0) (#92)
    by mingus on Wed Sep 10, 2008 at 10:55:39 AM EST
    I come to Talk Left because it usually has serious discussion of topics that I believe are important.  This post isn't (at this point anyway) worthy of that.  Unless and until someone can provide the judge's actual order all this talk of his motivations and what he did or did not do and why is pure speculation.  As a criminal defense attorney for nearly 25 years, I have heard judges SAY a lot of things, some very improvident.  What they eventually ORDER in a given case can be something entirely different. Until you know the facts which were brought before the court (who knows, maybe the Palin's attorney agreed with the court's eventual order or he/she didn't contest what was presented - who knows given the state of the "record" presented here) and the actual opinion and orders contained therein (which haven't been provided or quoted here, except that the judge noted that he would pay attention to potential "disparagement" whatever that means - no where presented here is any indication of what he meant or what the evidence established).  No where in this post is the judge or his opinion quoted that he was ordering that the Palins couldn't file formal grievances.  This post is simply pure speculation.

    Sill y comment (none / 0) (#106)
    by Big Tent Democrat on Wed Sep 10, 2008 at 11:39:41 AM EST
    and you know why? You have no objection to anyone else writing about the Newsweek article. You prove yourself to be a silly person.

    Parent
    Again speculation (none / 0) (#111)
    by mingus on Wed Sep 10, 2008 at 11:46:58 AM EST
    You have no idea what I think about the Newsweek post. It wasn't the topic, your post was.  

    Parent
    You make my point again (none / 0) (#117)
    by Big Tent Democrat on Wed Sep 10, 2008 at 12:10:09 PM EST
    You condemn MY "speculation" based on the Newsweek article but not anyone else's. Silly person writing silly comments.

    Do me a favor, go bother someone else. I have no use for your silliness.

    Parent

    The Newsweek article (none / 0) (#127)
    by mingus on Wed Sep 10, 2008 at 12:58:48 PM EST
    didn't claim that the judge abridged anyone's right to petition the government.  You did without, in my opinion, any foundation.  That's what I'm criticising here. My failure to critcise others is irrelevant.

    Parent
    When a judge SAID something to me (none / 0) (#107)
    by Cream City on Wed Sep 10, 2008 at 11:39:45 AM EST
    that threatened custody, I took it pretty seriously.

    Interesting that you appear to be a lawyer but don't take what a judge SAYS seriously.  Perhaps you have not heard of the chilling effect?

    Parent

    That's doesn't really deal (none / 0) (#115)
    by mingus on Wed Sep 10, 2008 at 11:59:43 AM EST
    with what I wrote.  Until you know what exactly prompted the judge's comment and here what the judge meant by "disparage", it's all speculation on what speech, if any, was chilled.  Maybe you could point out what comment by the judge chills anything other than making "disparaging" comments. No where do I see anything the judge said that would chill legitament complaints to government officials.  I could be wrong, but where is it?

    And to answer BTD's comment to my comment - I haven't read the newsweek article, but I imagine Ii would have the same opinion/objection to it that I have to his post.

    Parent

    So you are specualting are you? (none / 0) (#118)
    by Big Tent Democrat on Wed Sep 10, 2008 at 12:10:52 PM EST
    Silly person.

    Parent
    Perhaps you could address (none / 0) (#125)
    by mingus on Wed Sep 10, 2008 at 12:25:41 PM EST
    the substance of my critism of your post and analysis instead of simply attacking me.  Did read the record of the proceedings and the opinion of the judge?  Or speculate what he meant?  Seriously, I'd like to know if you think reading the record and seeing what the evidence was is important.  Do you think it's important to know all the facts and to know what it was actually ordered when posting an argument that the judge was wrong in what he did?  I do.  You apparently don't. Why?

    Parent
    Add some substance (none / 0) (#145)
    by Big Tent Democrat on Wed Sep 10, 2008 at 05:12:28 PM EST
    and I will.

    Silly comment from you.

    Parent

    What you argue (none / 0) (#150)
    by mingus on Wed Sep 10, 2008 at 08:16:54 PM EST
    is fair game to criticise is it not?  Like you say if a Dem screws up, you feel free to criticise. No one is immune to criticism. Same here. You have alleged that a judge has violated the Constitution and his oath of office in effect, on no foundation whatsoever except second or third hand, incomplete information (and a great deal of speculation) taken from a magazine article.  That's serious stuff.  You haven't even read the opinion. (The cardinal rule for any lawyer, is read the opinion before you try interpret or cite to others what it says). You don't know what the facts are.  You put in quotes that the judge ordered that the Palins and the former Mrs. Wooten, could not petition the government to address grievances as if it was quoted from the opinion, but it wasn't. This is a terrible post. One that I wouldn't have expected from you or anyone associated with this site. If that makes me some sort of pariah or someone you think you should mock, so be it. But, from where I sit, it's the truth.

    Parent
    Short answer: "almost certainly yes" (none / 0) (#99)
    by scribe on Wed Sep 10, 2008 at 11:20:43 AM EST
    Go read In re Macdonald, 489 U.S. 180 (1989),  in which the Supreme Court prospectively barred a repeat litigant from filing any further petitions, writs, etc., in forma pauperis, without leave of the Court in advance.

    Brennan, Blackmun, Stevens and Marshall dissented, leading with this paragraph:

    In the first such act in its almost 200-year history, the Court today bars its door to a litigant prospectively. Jessie McDonald may well have abused his right to file petitions in this Court without payment of the docketing fee; the Court's order documents that fact. I do not agree, however, that he poses such a threat to the orderly administration of justice that we should embark on the unprecedented and dangerous course the Court charts today.

    Since then, such prospective orders barring litigants from taking certain actions have become mundanely commonplace.  Similar provisions are contained in 28 USC sec. 1915 in an amendment enacted as part of Gingrich's Contract on America, which empowers the Clerk of the District Court to dismiss complaints - without the attention or involvement of a judge - if the Clerk deems them frivolous or repetitive.

    "No contact", "no disparagement" and similar orders are pretty commonplace in bitter matrimonial litigation.

    You might have had an argument, BTD, but it's been pretty much settled against you for almost 20 years.

    Ridiculous (none / 0) (#105)
    by Big Tent Democrat on Wed Sep 10, 2008 at 11:38:56 AM EST
    Simply ridiculous.

    Are you equating this to frivolous lawsuitsd?

    You are truly ridiculous.

    Parent

    I represented a dad in Wooten's position (none / 0) (#123)
    by helverings nag on Wed Sep 10, 2008 at 12:22:18 PM EST
    I used a similar strategy. I usually don't do family law, but got pulled into a friend's case in an pinch. His ex-wife passed away. He had custody of his daughter who was induced to run away by her step sister. The sister trashed the girl's dad to anyone who would listen.

    The step sister's husband was (and still is) my client's indirect supervisor in a small town fire department. We immediately filed a preemptive grievance against the step sister's husband laying out what had happened, including harboring a runaway. We did that so that any complaints against my client would automatically get an extra level of scrutiny in the context of the custody dispute. Our primary concerns were (i) professional complaints would be used against him as proof that he was a horrible human and unfit parent, (ii) establishing that any out-of-character behavior (tardiness, absences, anger) was the direct result of the custody dispute, and (iii) to prevent or slow down any attempt to fire him, which would leave him without an income to pay for legal counsel, any chance of future employment as a fire fighter with other departments in their rural area of the state and, consequently, any chance of a meaningful presence in his daughter's life.

    I don't know who called the union rep in the Wooten case, but if any complaints had been filed against my client, I would have called a fire department representative to give testimony regarding the timing, nature of and resolution of the complaints (e.g., none before the custody dispute and dozens afterward, most of which were considered hokey). I would also have used the filing of complaints to bolster the pattern of disparaging trash-talk, which is a difficult he said/she said point to prove even when it isn't a bunch of feuding family members.

    We didn't have to do that because no complaints were filed, and we luckily got a quick emergency hearing. The judge promptly returned the daughter and urged the step sister to get counseling and quit using her younger sister to work out her grief.

    Like you, I don't know what kind of authority the judge had to stop the filing of complaints in that case. But here in Texas, it is not uncommon for private citizens to be barred from filing frivolous legal actions. This is usually in response to abuse of process by serial litigants like tax protestors and successionists, but I know of it happening in family court too.

    One last comment (none / 0) (#130)
    by jwh186 on Wed Sep 10, 2008 at 01:46:10 PM EST
    Your willingness to fall on your sword as the trustworthiness of a woman who has demonstrated to the entire country her ability to repeatedly tell bald-faced lies to the potential detriment of the nation is what is nonsense.  You have no evidence the judge didn't possess information that indicated Palin had been repeatedly making wrongful claims about Wooten or that the judge actually prohibited Palin or the family from lodging warranted complaints.  But please, continue to defend this woman is above reproach.

    If you want to argue this is not a good strategy for the Democrats to pursue, that's one thing.  But if you want to continue to argue that Palin is unequivocally right and the system (judge) is unequivocally wrong, based on what we know thus far, go ahead, knock yourself out.  

    2 months after the divorce judgement... (none / 0) (#135)
    by kredwyn on Wed Sep 10, 2008 at 02:39:55 PM EST
    the State Trooper investigation culminated in a letter by the head of the state troopers to Wooten point out 4 instances where he'd screwed up...and warned that another mess up would result in his firing.

    At that point, Wooten was put on suspension.

    Apparently not all of the claims against him were "wrongful."

    Parent

    Perhaps it also shows (none / 0) (#136)
    by mingus on Wed Sep 10, 2008 at 02:57:08 PM EST
    that the claim the judge restricted the right to petition the government is also wrong.  More importantly, were these claims that were acted on subject of the court's order(s)?  That is, were they the type that the judge was talking about when he said no more disparaging comments about Wooten or were those something else?  My point is that there is so much that is unknown going on here and to speculate what the judge's order meant or what evidence he based it on or what it entailed without actually seeing it, is wrong.

    Parent
    perhaps the Newsweek reporting (none / 0) (#139)
    by kredwyn on Wed Sep 10, 2008 at 03:57:30 PM EST
    is wrong.

    Parent
    Exactly (none / 0) (#140)
    by mingus on Wed Sep 10, 2008 at 04:02:33 PM EST
    But BTD can't know that... (none / 0) (#143)
    by kredwyn on Wed Sep 10, 2008 at 04:10:09 PM EST
    And, as such, I think his argument--based on the reporting--stands. If that's the ruling that the judge gave, that Palin and family could not do X, then it restricts the right of redress as laid out in the First Amdmt.

    Parent
    But he doesn't know (none / 0) (#148)
    by mingus on Wed Sep 10, 2008 at 06:36:17 PM EST
    that and refuses to link or quote from the judge's decision that says that (he won't even admit that he hasn't read the opinion).  The best he can come up with from the Newsweek article is that, "In an order signed Jan. 31, 2006, which granted Palin's sister and Wooten a final divorce decree, Judge Suddock continued to express concern about attacks by Palin's family on Wooten." There was also mention that the judge threatened to curb custody rights (but it's unclear if it's in the order or what evidence, if any, the judge was relying to make that threat) if the disparagement continued. That's the only part of the order referenced in his post. If, in fact, the judge ordered that the Palin family could not petition the government to address grievances, he should quote it and then it would be case closed. My criticism is that he hasn't done that (and won't) and that his post claiming that the judge ordered that the Palin's couldn't petition is pure speculation.  It reminds me of the right wing attacks on an independent judiciary - MSU if you think a judge did something wrong. If you see where anything is his post identifies a court order that the Palin family couldn't petition the government, please let me know. Like I said in an earlier comment, this site is one of my favorites, but this is a sloppy reasoned post BASED ON THE FACTS PRESENTED HERE.  

    Parent
    And that's his perogative... (none / 0) (#152)
    by kredwyn on Wed Sep 10, 2008 at 11:16:08 PM EST
    in his diary.

    Most of the stories are so jumbled together now, it's practically impossible to make heads or tails of quite a bit of it without spending a whole lot of time trying to go through to find out what's true and what's not.

    And every time I turn around there's yet another barrage of OMG, now she did this a year or so ago...shocking!!!!!!

    Now more than ever have I truly begun to understand what a friend of mine was saying when he talked about the politics of personal destruction.

    Parent

    Investigator Wall found only 3 claims had merit (none / 0) (#137)
    by jwh186 on Wed Sep 10, 2008 at 03:30:39 PM EST
    Actually the State Trooper investigation found merit in only three of the 13 accusations.  One, which Ron Wall dismissed as having no merit, was overturned, in an UNPRECEDENTED move by Colonel Grimes. And based on everything I've read about Troopergate, Colonel Grimes' objectivity is up for debate.  

    Parent
    Re-interviewing witnesses? (none / 0) (#141)
    by kredwyn on Wed Sep 10, 2008 at 04:06:42 PM EST
    and overturning an accusation (I assume that this is the death threat to father allegation)?

    That's unprecedented?

    Well...I look forward to see your post on how the now retired Col. Grimes is lacking in credibility.

    Parent

    No, you have the wrong accusation (none / 0) (#151)
    by jwh186 on Wed Sep 10, 2008 at 10:43:09 PM EST
    No, what was overturned was an accusation that Wooten, while on duty, had an open beer can in his car.  

    The two witnesses were long-time friends of Sarah's father, one had been a student of his years ago.  As with some of the other accusations against Wooten, this one was not brought up at the time it supposedly occurred.  It only got reported well after the fact, when the divorce got "ugly."  So these long-time friends of the father claimed Wooten walked off their premises and into his car with an open beer can in his hand.  They claimed there was another person present at the time but when the independent investigator interviewed them and asked for the name of that person they said they couldn't remember.  Based on their interview Wall didn't find the accusation credible.  Colonel Grimes overturned Ron Wall's determination on this accusation.  And when asked why she replied "do you want to call Sarah Palin a liar."  That's convincing enough to explain her unprecedented actions in overturning the decision?

    The death threat to Sarah's father, which wasn't made directly to him and therefore was not a crime, was not found to merit any disciplinary action.  It apparently didn't merit that much concern to either Sarah or Molly at the time either as they waited several weeks to mention it to their father.  

    Parent

    ah... (none / 0) (#154)
    by kredwyn on Wed Sep 10, 2008 at 11:27:43 PM EST
    so...based on all of your reading of newspaper accounts, you've concluded that the head of the state police is wrong and the independent investigator is right.

    Can I have links for your information? Particularly I'm interested in Wall's actual report. Because thus far, I've read bits of quotes.

    But you seem to have an amazing font of information...

    Parent

    An Alaskan resident's POV on the incident (none / 0) (#142)
    by jwh186 on Wed Sep 10, 2008 at 04:08:48 PM EST
    The following is from a post up at Mudflats, a blog by an Alaskan resident.  The post also has (at the bottom) a link to the original email Palin sent Colonel Grimes in which she "disparaged" Wooten countless times in the course of her 13 accusations of criminal or reckless behavior (of which, only 3 were found to have merit by investigator Wall) all the while claiming many people had contacted her complaining about him.  Only
    No charges or complaints have ever been filed against Wooten by any member of the public, other than the Palin family and friends, according to Cyr.

    Funny how everyone just complained to Palin and not to the proper authorities, i.e., head of the Public Safety Employees Association, John Cyr

    From Mudflats

    First, the incident happened when the boy asked to see what it felt like, and prove to his friends that he wasn't a "Mama's Boy". Wooten agreed to do it. According to Cyr, Wooten was a taser instructor, and used a training cartridge on the lightest setting and used alligator clips on the boys shirt, rather than the usual skin contacts. The burst was less than one second. Wooten's wife was in the room at the time, and the entire family knew of the incident. It became an issue ONLY when divorce papers were filed. Wooten acknowledged bad judgment and was disciplined.

    Another accusation that gets mentioned frequently is that Wooten was drinking beer in his squad car. This charge was investigated by an independent investigator who found the charge to be "unsustained". However, Colonel Julia Grimes, who reviewed the investigation, decided to change the finding of the report to "sustained". She changed the report on her own and gave no reason. When John Cyr, who, in 30 years, had never seen a member of the command staff change the report asked her why she did it. She replied, "Are you willing to call Sarah Palin a liar?" He said, "yes". She didn't respond, and the report stayed changed.

    It's interesting to note that Grimes had received a two page typed email from Palin in 2005, calling Wooten a `loose canon' and a `ticking timebomb', discussing his marital infidelity and a host of accusations which have since been investigated. All allegations were settled in 2006 after a thorough investigation. The investigation resulted in a misdemeanor game violation, and improper use of state equipment. No charges or complaints have ever been filed against Wooten by any member of the public, other than the Palin family and friends, according to Cyr.

    I do just want it on the record that I am in NO WAY condoning Wooten's tasering of his son, even in the setting and time he did it for.  Although I also have to say, given the description of it I can't honestly say it doesn't sound out of the range of what passes for male bonding, rites of passage, to some people in this country.  Men encouraging their sons to "take it like a man." At least that might be the way Wooten's wife saw it at the time since she didn't seem to object then.  Again, before you get outraged I am not condoning it.

    In that one second... (none / 0) (#144)
    by kredwyn on Wed Sep 10, 2008 at 04:13:34 PM EST
    where he acquiesced to the kid's request that Wooten taser him?

    He broke policy rules/guidelines.

    His defense is that the 11 year old begged him and wanted him to do it. He is the adult, the guy with the badge, the trainer on the taser. He is the one who is supposed to be responsible enough to know that "No" is the correct response.

    Parent

    And... (none / 0) (#146)
    by CoralGables on Wed Sep 10, 2008 at 05:32:14 PM EST
    He admitted to it. Those investigating did interviews of others present at the time and judged the trooper's account as accurate as to what took place. He was suspended (as he should have been for stupidity) and it's in the past.

    Parent
    Then I suggest we move on... (none / 0) (#153)
    by kredwyn on Wed Sep 10, 2008 at 11:22:16 PM EST
    to more productive use of our time. But I can say...for me, that I find this whole line of attack problematic and ill tempered.

    The cop screwed up.
    The cop got suspended.

    And the investigation into alleged wrong doing on Palin's part hasn't been filed yet.

    And the more Dems go on about it, the more sympathetic Palin looks.

    Parent