Motion to “Take Down this Website”

After the presentation of my Motion to Recuse, The Guardian ad Litem presented an Oral Motion to take down this website.  Gee, I wonder why.  The truth Hurts I guess.  The facts are the facts and you cannot hide from the truth. 

By the way, I properly noticed the parties and scheduled an Emergency Motion for a Temporary Restraining Order, Temporary injunction, and Permanent Injunction to prevent the removal of my 6 minor children from the state of North Carolina to California.  Being properly noticed, this motion was in fact scheduled for Wednesday, June 8, 2011 along with my Motion to Recuse.  This was bypassed completely in favor of this NEW “oral” motion “to take down this website,” which was NOT AT ALL properly noticed on any of the parties (myself included).  Of course I objected to the motion citing not enough time to prepare, to no avail.  The court is so disorganized and so instinctively gravitates to attorneys (effectively ignoring pro se litigants) that I quickly became irrelevant.  Judge Gray was at a loss, I guess, and had her hands tied (as she explains) since she could not risk bias after hearing this motion to recuse.  Not to mention that she was specifically tasked by the Chief Judge with only hearing the motion to recuse.  But what about the other 19 judges in the County?  What type of scheduling is this?  Would anyone even bother to care that this Emergency Motion I filed on May 23, 2011 is required by statute to be heard within 10 days?  Here we are 16 days later discussing the fact that it’s 5:00pm and there is no-one available to hear my “emergency” motion!  Really?  Due Process at its finest!  Where is the Fourteenth Amendment?  Much more of the same!  This is exactly what my family has had to contend with since the start of this fiasco.  As we barely broached the topic I had to contend with more rhetoric from the County Attorney Al Singer who stated, “your honor, it’s not like we are sending the children to California to play for the Los Angeles Lakers, they are going to live with a parent.”

So, back to the motion to take down this website…

It was ultimately determined clearly and concisely (and we all agreed) that I would reduce my children’s first names to initials (in keeping with the Rules of Appellate Procedure, as well as Federal Actions that involve minors) and to redact the juvenile case number.  Although I actually disagreed that this court has the authority to order such actions, I agreed because I felt it would not cause harm to my Mission Statement with regard to the purpose of this site.  Well, after the clear and concise compromise in court I received a draft order via email from Mellonee Kennedy this afternoon for review before forwarding to the Judge for her signature.  See below…

“Please review and respond to the attached proposed order to be submitted to Judge Gray today pursuant to her instruction at yesterday’s hearing.”

THIS MATTER comes before the Honorable Judge Jane Gray on June 8, 2011 for hearing on a motion held pursuant to N.C. Rules of Civil Procedure 7(b)(1).  The following persons were present:  Ronald Reale; Father, Michelle Congleton, Attorney for Mr. Griego; Richard Croutharmel, Attorney for Mother; Bacchuhus Carver, Guardian ad Litem, Mellonee Kennedy, Attorney Advocate for Guardian ad Litem; John Gustavson, Social Work Supervisor; and Albert Singer, Assistant Wake County Attorney. 

            At the time of the Father’s hearing on a Motion to Recuse and Request for Reassignment, the Attorney Advocate for Guardian ad Litem made an oral motion for the Father to take down his website or in the alternative to remove confidential information pertaining to the children who are the subject of this action.  The Father objected and the Court overruled his objection.

            IT IS HEREBY ORDERED pursuant to N.C.G.S. §§7B-2901 and 3100, the Father shall not publish any information that would reveal the identity of the children including but not limited to:

1. any summons, petition, custody order, court order, written motion, recording of a hearing, or other papers filed in a proceeding under this court’s jurisdiction;
2. family background information;
3. reports of social, medical, psychiatric, or psychological information including any diagnoses concerning the children or their family; and
4. interviews with the family of the children.



My Response…

Mellonee,

With all due respect, this is not acceptable to me.

Regarding your proposed Draft Order…

I agreed to reduce my children’s names to their initials to protect their identity.  I further agreed to redact the case number of the Juvenile File Case Number 10JA xxx-xxx (this does not include any other file case numbers).  After careful consideration I have decided not to redact any further information such as “diagnosis” or other information.  This is a personal decision, not one that any court can compel me to.  I absolutely maintain my position that I have every right to Post and Blog on my personal website in any way that I deem appropriate.  The First Amendment guarantees such protections.  I do not believe 7B-2901 or 7B-3100 has any authority to govern my actions as it pertains to my family, especially my own children, outside of the courtroom.  I am absolutely prepared to defend this position to the Supreme Court of North Carolina and the Supreme Court of the United States if need be.  The very precepts of the United States Constitution are at stake.

I think you will find that the ACLU (American Civil Liberties Union), the EFF (Electronic Frontier Foundation) and numerous others have been actively and recently involved in such cases and defenses.  I have already been in touch.  This topic is NOT NEW.  I look forward to the national attention as I absolutely support national reform in this arena.  I also feel that there are numerous citations of Case Law that support my decision.  I’m quite sure North Carolina would certainly embrace a case of this magnitude of their very own, for review.  In fact, I’m counting on it.  I would certainly welcome the opportunity to make my case more available to public inspection and available as a case study for years to come.  My Website is just the beginning.  I have been in touch with WRAL and WPTF to press forward with this issue and with my current case.  Maybe you should start drafting your motions against those organizations now.  Please understand that I will stop at nothing until my children are returned safely to me.  I will ExposeTheRecord.

Please forward my comments (this email in its entirety) to Judge Gray with your proposed draft.  Thank you.

Proverbs 28:1  The wicked flee when no man pursueth, but the righteous are bold as a lion.

My Emergency Motion was never heard, but they “promised” to schedule the hearing within 2 weeks.  that would be 24 days after filing a motion that “requires” 10 days.