Why Attorney General Biden refuses to address false allegations and false police reports.

This is an excerpt from a communication to Governor Markell and various other state officials in DE, from Gordon Smith of FLAIR: Family Law Advocates Initiating Reform:
What is that great sucking sound? That would be the sound of the dozen or so state and private agencies within the state of Delaware that have their lips firmly attached to the teats of the Great Cash Cow: VAWA.

The total amount allocated statewide for fiscal year 2009 was just under $1,000,000.00
at $903,933.00. I'm sure this past fiscal year of 2010 came even closer to the 1,000,000.00 mark for the first state.
As I looked over the report, it became even more obvious as to why their was such state level resistance to simply acknowledging that there are systemic problems that exist regarding certain domestic violence/Family Law policies.

I quote former Family Law Commission Chairperson - Senator Liane Sorenson -
Senator Sorenson said that what had been requested of Attorney General Biden was for him to share with us what your office is doing and what your new Family Division is doing, and the issue that keeps coming up at our Public Hearings once a year and also by members of the public is the issue of False Allegations. She said the public has asked why people get away with lying -
Family Law Commission meeting April 17, 2008

I quote Child Psychologist and Family Law Commission member - Harriet Ainbinder said she wanted to remind everyone that previously we had the Attorney General here to talk about false allegations, and he told us that essentially he (Attorney General Biden) would not pursue that because of various legal issues.
Family Law Commission meeting May 14, 2009

As you will see in the above sentence, one might could substitute "various economic issues" for "various legal issues

1)Department of Justice Amount Allocated: $214,685.00
Concept Title: VAWA Prosecution
This hefty amount - according to the CJC Form is designated for one DAG to strengthen the response and prosecution of those accused of domestic violence.

2)Child Inc. Amount Allocated: $118,698.00 - Eileen Williams sitting member of Family Law Commission and employee of Child Inc.
Concept Title: State wide DVAC in Family Court

3)Capitol Police Amount Allocated: $45,000 - Detective Lawrence Davis is a sitting member of the Family Law Commission and an employee of the Capitol Police Department.
Concept Title: PFA Hearings Duty

4)Family Court Amount Allocated: $40,683.00 - Judge William Walls is a sitting Family Law Commission member and a Family Court Judge.
Concept Title: DV Coordinator

5)Criminal Justice Council Amount Allocated: $45,196.00 - Bridget Poulle is a member of the CJC and the Executive Director of the Delaware Coordinating Council on Domestic Violence.
Concept Title: Administration

Unobligated Balance: Amount Allocated: $52,991.00
This unknown allocation is determined by the VAWA Implementation Committee........(?)

Yes, when I researched the Grant Program Report, I understood where that great sucking sound was coming from and why these fine upstanding individuals do so militantly fight to maintain status quo for their programs.
Yes, maintaining a system that prosecutes the innocent is just a method of cash flow for the status quo.

So if you were wondering why Attorney General Biden refuses to address false allegations and false police reports: FOLLOW THE MONEY

Utah woman arrested, for filing the false statements and for abusing child to fabricate evidence

Police in Provo Utah arrested a woman for sexually abusing child and falsely accusing child's father. Read the story from Deseretnews.com, published April 10, 2011. http://bit.ly/hCRY5O Shocking? Not to me. I know of dozens of men (occasionally women) falsely accused of abuse, including child abuse. Frequently, the accusers have made false allegations in family court and when they are rewarded with protection orders, based on lies, they progress to false criminal complaints. 
In most cases, unlike this one where there was actual child abuse but by the accusing party, the accusers are NOT prosecuted for filing false police reports. The accusing party is more often than not rewarded for false accusations by gaining custody and at least restricting visitation, of the innocent parent, with their children. In a similar case in NH, Miller v. Todd the Supreme Court ruled women should not be so rewarded. 
The solution to the widespread problem of false police reports of domestic violence and the growing problem of false reports of child abuse is to arrest and prosecute every time that anyone makes a false police report of domestic violence or child abuse. It is a crime in every state. We must demand that those laws be enforced.
Why are false allegations in family court so common? The rewards are great, in Delaware, you get free legal representation from Community Legal Services and if you file for divorce you don't have to pay the filing fee that everyone else pays. AG Biden, Patricia Blevins and Mike Barbieri want to throw in free PO Boxes at taxpayer expense, in a law proposed in March. Family Courts reward false allegations with the desired results. You can hurt the other party using the courts and the police with far reaching consequences of false allegations such as causing the other party to loose their job, become unemployable in many career fields, have a permanent blemish on their background check (protection orders are civil and in DE can not be expunged even when expired or vacated), cost them time and money to defend themselves, deprive them of custody and at a minimum restrict access to children that are their children too. There are endless benefits to false allegations to obtain protection orders and the list of benefits is growing. In some states you can't be evicted if you are a "victim" of domestic violence, in some states you qualify for perks such as having your electric bills paid or getting free housing.
There are incentives to the civil filing false allegations of abuse and an individual can multiple the damage to the other party and benefits to themselves, by filing false police reports against them.
My question, though, is why do more and more individuals lie under oath in court documents and lie to the police in criminal complaints? When did the "ends justify the means" become socially acceptable? In many cases, such as Ruggiero (see March post)there are other family members and friends who are involved. They conspire to commit and participate in false police reports and give false testimony in court, under oath. When you see an instance where a parent goes along with false police reports and lies under oath does anyone wonder how the children that they raised feel no remorse initiating false reports? What would discourage them from continuing to commit perjury, file false police reports and progress to other forms of fraud that extend beyond domestic violence and family court? What is the cost to society to let false allegations in family court and false reports to the police go unpunished? What is the cost to taxpayers for the misuse of court and police resources? What is the cost to society when this behavior results in more children being deprived of full and meaningful relationships with both biological parents while also growing up with habitual liars and seeing them rewarded for what is criminal behavior?
What we must do is to arrest and prosecute every single person who files a false police report of any domestic violence related crime.
Current Delaware law, 11DE1245, provides for restitution to the state for costs incurred and fines up to $2,500 for a first offense. Delawareans should demand that law be enforced. False allegations in family court should not be rewarded and false police reports must be punished. Not just for the sake of the innocent individuals accused, not just for the sake of their children, who suffer direct and indirect adverse consequences but this is something we need to do for the benefit of all of us as a society.

Did Attorney General Joseph Biden III Assault this man?

A year ago this video with Attorney General Biden was posted and the situation has only gotten WORSE

"Perception does not always equal reality.
Each year thousands of false allegations of domestic abuse result in men being removed from their homes.
False allegations result in innocent father’s being kept from seeing their children
False allegations result in arrest of innocent men
AG Biden’s office turns their back on the false allegations of abuse. And the Delaware Family Courts actually reward the false allegations with the desired results
Just as egregious as domestic violence is are the false and exaggerated claims that go unaddressed, un-investigated and unpunished."

WHY does Attorney General Biden refuse to address the issue of FALSE POLICE REPORTS of domestic violence and false police reports of violations of protection orders which result in mandatory arrest for criminal contempt?

Delaware: Falsely reporting an incident
(DEL. CODE ANN. tit. 11, § 1245)
Up to 1 year incarceration;
No less than $500, nor more than $2,300 fine;
Minimum 100 hours community service;
Reimbursement of responding agency for expense

More Justice

Checking back for updates from New Hampshire, on the Ruggeiro case, that I posted about last week, I found this: “Bogus Evidence? There’s an app for that” NH.com February 28, 2011


Catchy title for a story of a woman named Samantha Morrison arrested in February for false reports to law enforcement and falsifying evidence to get her (ex) boyfriend arrested.

Wow, I love it because I personally know dozens of men who have been the victim of false allegations and not in one single case was the woman, ever, prosecuted. I know a couple of men who have filed civil actions after repeatedly being subject to arrest on false reports, but none, zero, who have ever had the police or prosecutors enforce current and existing law to hold the women who filed false criminal complaints accountable for their crimes.

Granted, I get around more than most of you, as someone involved in family law reform I get calls and emails from men all over the country. However, this problem has become so widespread I bet that the majority of you know someone who knows of someone that it has happened to. I am not the only woman working to stem the tide of false allegations in family court and criminal prosecutions. There are many mothers, whose sons have been victimized by this, women whose brother’s, friends, boyfriends or spouses have been victimized by misuse of domestic violence laws who advocate for reform.

Last year I looked into the possibility of sending such phony text messages, in an effort to defend someone against false allegations and despite consultation with IT experts in several police departments I could not find such an application that could be used in the types of cell phones in question. The accused in that case had cheap, basic, pay as you go mobile phone with no browser or special features or capability to have software, which Ms. Morrison used, added to it. With a preponderance of evidence I was able to disprove that the accused had sent text because there was no way that they could have had the information supposedly contained in the text messages and no one ever saw the messages that were supposedly sent. Electronics and software are evolving all the time and last months, let alone last year’s devices or application can now be obsolete. The fact that this can be done means that text messages will not be able to be used as evidence of either guilt or innocence anymore.

In Delaware, a state that I am very familiar with, evidence is not needed. She said, he said, is enough for a civil protection order and it’s enough for an arrest warrant for criminal contempt of a civil protection order. That does not stop some women from falsifying physical evidence. Maybe they don’t realize that the bar is set so low, in domestic violence cases or maybe they are not satisfied with civil protection orders and criminal contempt arrests and are endeavoring to secure a criminal conviction. No evidence, other than words spewing like sewage from the mouth of an alleged domestic violence victim, will get an arrest warrant, in Delaware, but to go before a jury with only lies and tears might not be enough to get their desired retribution.

Last year, a close personal friend of mine was accused of calling his ex-wife, in violation of an ex-parte protection order, that order was based on a plethora of lies. He had no knowledge of the ex-wife filing or being granted a protection order. His ex-wife alleged that he called her at 10:50AM the morning after she got her ex-parte order and left a voice mail message that said ‘you are a liar’. The ex-wife called the Delaware State Police and showed the responding officer her cell phone that showed the message had been received from a restricted phone number and she played the insulting but nonthreatening message. The Delaware State Police officer did not know this man and had no way of knowing if, in fact, that was his voice on the voice mail. Delaware State Police did not contact him to ask for his phone records. Phone records will show if a call came from your phone regardless if you dialed *67 or not to show ‘restricted’ on a caller id. No such call was placed from his phone or any phone in his house. Delaware State Police did not contact him to ask if he had an alibi for the time the call was placed. The man DID have an alibi for the time of that call. What the Delaware State Police did was get an arrest warrant, on the man, for criminal contempt of a protection order. He had not even been served the protection order. He was subsequently arrested and incarcerated in a Delaware State Prison.

Ex-parte orders, where only the accusing party is present must be heard with both parties present within ten days and the following Tuesday, the same man was at family court for the hearing on the protection order. He had subpoenaed a number of witnesses hoping to defeat the order. He arrived at 8:55 A.M. to meet his witnesses. The hearing was set for 10 or 10:30. His ex-wife arrived around ten A.M. and shortly thereafter her Community Legal Aid Attorney (benefit of filing for a PFA) came to talk to him and they worked out an agreement to dismiss the Petition for the PFA (protection from abuse). As we were leaving, a Capitol Police officer approached him and arrested him again for criminal contempt of the protection order. The ex-wife had alleged, that morning, before the agreement was reached to dismiss the PFA that he had again called from a restricted phone number at 9:21 A.M. and left a message saying ‘hello’ to his sons. The ex had no way of knowing that her ex-husband had been in the waiting room at the family court from 9 A.M. on that he had arrived so early. In the waiting room at the court you are on video surveillance and no cell phones are allowed other than in the custody of the police officers. He was in a room full of people, with three or four officers present as well as a two or three court employees, on video camera at the time of the alleged phone call to the ex-wife. Despite these facts he was arrested. Did the Delaware State Police or the Capitol Police ever investigate the false reports to their respective agencies? NO.

The charges from the arrest when he had not been served the PFA were dismissed and the record expunged with apologies from Kent County Family Court for wrongfully entering him into the system as having been served when he was not. The charges from the arrest at family court were dismissed when the ex-wife did not appear to testify against him.

It was inevitable that sooner or later, with the proliferation of false police reports involving domestic violence that some prosecutor somewhere would get tired of it and take the long overdue action to punish the offenders.

It should never be easy to get an innocent person arrested on false charges and/or using trumped up evidence. Allegations of a crime should always be investigated even if it is the sacred cow of domestic violence. No one and no group of individuals should have a license to break the law and making a false report or falsifying evidence is breaking the law. The arrests and prosecution of Ruggiero and her mother and Morrison show that at least in these two separate jurisdictions police and prosecutors are now taking false police reports of domestic violence seriously. It is long overdue.

In Florida one Sheriff’s Department now routinely investigates all reports of domestic violence and alleged violations of protection orders. In the law enforcement industry police agencies are acknowledging there is a problem.

When are the Delaware State Police going to investigate the case I’ve written about? When is the DE DOJ going to afford equal protection to men accused of domestic violence? Not until the citizens of Delaware demand that they do.

Justice in New Hampshire

A woman was prosecuted in New Hampshire for false allegations against her ex husband and is now in prison doing serious time. She bought a cell phone in her ex husband's name and sent herself threatening text messages, from that phone, and then had him arrested for violating a protection order. She is already serving years in prison and now she is facing additional charges along with her mother, her boyfriend and her ex-husband's brother.
Falsifying evidence is not uncommon although in DE all you have to do is allege that someone violated a protection order, no evidence is required, so you don't have to bother to make any up.
Here is the heart warming story:
"Ruggiero faces 21 new charges"
Will we ever read a headline like that in Delaware? Doubtful. AG Biden and Patricia Dailey Lewis, who runs the Family Division of the DOJ, will not prosecute for false allegations of domestic abuse made in Family Court and have said that. While I am not aware of anyone in Beau Biden's office ever flat out saying that the DOJ doesn't prosecute people who make false police reports of domestic violence/criminal contempt of protection orders (PFA) I can tell you that they don't. That statement is supported by empirical evidence. Not since the Jim Crow era has there been such widespread abuse of the civil rights of one class of citizens by another class of citizens gone unaddressed by police and prosecutors.
One prosecution, in Delaware, like Ruggiero, would set an example that would reverberate down to the Family Court. False allegations and false police reports of domestic abuse would plummet if people saw that there could be serious negative consequences. Police and court resources could be saved for actual victims of actual crimes, taxpayer dollars could be saved not to mention innocent people and their children would be spared the adverse experience.
Making a false police report is a crime, a misdemeanor, in Delaware. Attorney General Biden took an oath to uphold the Constitution and the laws of the State. Apparently they do in New Hampshire.


The charges against the Executive Director of FLAIR were all nolled when the case was continued on January 18, 2011. He has been the victim of eight false police reports that resulted in six arrests on seven charges and of false allegations and perjury that resulted in four protection orders. It will require going to court to expunge his criminal record and at this time there is no way to clear the record of vacated protection orders.
AG Biden has stated that women who make false allegations for protection orders will not be punished. Apparently committing the crime, a misdemeanor, of false police reporting is not subject to prosecution if you are a woman making a false report against a man. Reminds me of the days when whites could commit crimes against blacks with impunity in many parts of the United States. Laws are made to apply to everyone equally. To allow a class of citizens to commit crime against another class of individuals is morally wrong, illegal and unconstitutional.
Biden's job is to uphold the laws of Delaware and if he can't or won't do that they he is not fit to be the Attorney General.