Tiffany Marie Smith arrested in Delaware for false reports of domestic violence. Justice is coming......maybe


False allegations are commonly used tactics in court to get protection orders and used in criminal complaints to get the ultimate advantage with false arrests and the potential for false imprisonment. Morrison and Ruggeiro, two women, in New Hampshire, made the news when they were caught and punished for false reports and fabricating evidence. Would it ever happen in Delaware, the state where Commissioners, Judges, the Attorney General's office all turn their back on false allegations?
On August 3, 2012 Milford DE police arrested a woman for falsely reporting a sexual assault in a domestic situation. Woman arrested for falsely reporting assault in domestic dispute This was encouraging. At least there was an arrest. The Milford Police did their job. It remains to be seen if the AG's office will do theirs.

Finally, on September 1, 2012 Tiffany Marie Smith, the worst serial false accuser, that I personally know of, was finally arrested. Two proven false reports in 2010 that the Delaware Department of Justice were aware of and ignored but finally the Dover, DE PD did the right thing and took police action on her most recent spate of false reports.



Woman arrested for Falsely Reporting Several Domestic Incidents to Police Complaint Number: 50-12-22517 Date of Incident: 08/31/12 This News Release was entered 09/01/12 by Lieutenant, Alan Rachko and last updated on 09/01/12 Location of Incident: Liberty Court Apts. 1289 Walker Road Dover, DE. Narrative Tiffany Smith 29 reported several domestic related crimes to the Dover Police and Delaware State Police over a period of time in August in which she stated she was victimized by her ex-husband Gordon Smith 47. On August 18 the Dover Police arrested Mr. Smith on several charges relating to a domestic incident. After the arrest Tiffany Smith continued reporting that Mr. Smith was stalking her and on one occasion had physically attacked her. A joint investigation by Dover Police and the Delaware State Police found that Tiffany Smith falsified all the complaints she made against Mr. Smith. Tiffany Smith was arrested on three counts of falsely reporting an Incident and one count of providing a false statement. All charges against Gordon Smith have been dismissed at the request of the Dover Police Department. Crime/Nature Providing a false statement to police Falsely reporting an incident to police (three counts) Defendants Tiffany Smith Gender:F, Age:29 Liberty Court Apts. 1289 Walker road Dover,DE. , Charges: -Providing a false statement to police -Falsely reporting an incident to police (three counts) Bond: $Released $5,000.00 unsecured


Thank you to Dover Police Chief James Hosfelt, Lt. Alan Rachko, Officers Mast and Rich and DSP Sgt. David Weaver.

Tiffany Marie Smith began her criminal false reports with simple lies. Her lies were not investigated by Delaware State Police (DSP) Troop 3 before they ran to the obliging Magistrates at Justice of the Peace Court (JP) and got rubber stamp warrants. Tiffany was thus encouraged by how easy it was to use the police as a tool to harass and cause fear and alarm and financial and emotional damage to Gordon Smith.

It began when she made her first false report and got her second or third protection from abuse order based on lies.
On January 26, 2009 Tiffany reported to DSP that she told Gordon, her estranged husband, not to call "weeks ago". That could have been disproved had DSP lookined at her phone records or Gordon's which showed they were in constant frequent and mutual communication up until the day before she made the false report to police and that he made 12 calls to her in the period she claimed as harassment not twenty something. He had no intent to annoy but was merely trying to reach her when he couldn't get her to see if she and his babies were alright. She stopped answering the phone and reported harassment. He went to family court for the criminal charge expecting his Public Pretender to resolve it in his favor because he was innocent and she had told him when they conferred at her office that they had a good case. Oh, what a babe in the woods he was then. The truly lousy Public Pretender, who had told him they had a good case had not obtained Tiffany's phone records in discovery. That is a screw up of epic proportions that Gordon didn't become aware of until the summer of 2010 when he obtained his case file from the PD's office. Public Pretender Vickie Schreiber told Gordon at the last moment that Commissioner Lou Ann Vari, a Commissioner who had already ruled against him in a previous protection order on allegations that he was innocent of, was going to "slam him" and he should take a pre-adjudication. He said no and left the room. Then went back and made what he called "one of the biggest mistakes of his life" and took the probation before judgment. That decision he regretted as soon as he did it and he made a motion to withdraw it. The motion to withdraw the pre-adjudication was heard by Commissioner Vari who denied him the right to legal counsel. He appealed for Judicial Review and Judge Mardi Pyott, reviewing the questions of law that  pro se, inexperienced, naive Gordon used as grounds for his appeal denied it on those grounds. Had he the assistance of legal counsel, he likely would have won the right to trial. Gordon appealed to the Delaware Supreme Court to be able to take this first false report to trial and they sent it back to Superior Court. When heard by Judge Robert Young, DAG Chris Parker (the same Deputy AG that ignored the proven false report of Jan 26 that year) claimed that it was moot and Gordon's record was clear. Since that time Tiffany wrote in a witnessed statement that Gordon didn't commit the crime and she tried to drop the charge. He also has phone records. Gordon filed a complaint against Commissioner Vari for denying him the right to counsel in a criminal case and the Chief Judge responded that the matter is one for appeal not Judicial complaint.
It was a travesty of justice not just that he was denied counsel but he was not told that he could take the case to Superior Court and get a Judge and jury. It was a travesty of justice because PD Schreiber had not obtained a copy of Tiffany's phone records which did not, could not, have had the number of calls that she alleged came from Gordon's phone number. Gordon was afraid that Commissioner Vari, biased against him, and  would in fact "slam him" though he was innocent. He was afraid that he would leave the courtroom, that day, in handcuffs and go directly to jail. He has a number of solid grounds for appeal and no way would he have been found guilty by a jury of his peers. He has no conviction but had to suffer the degradation of dealing with the Delaware probation department which cost him two good paying jobs and that's another story for another day.

During the summer of 2009, Gordon became an activist. He was shocked at the ease with which justice could be perverted in family court. Welcome to the real world Mr. Smith. To be fair only personal experience or that of someone you know introduces most people to the reality that family court is broken.

It was almost a year later, on January 11, 2010, that Tiffany called 911 and made her second false report. She reported that Gordon crouched by her car in the parking lot and that he she was frightened. The reality was that she had come in a friend's car and arrived before Gordon. He didn't know what car was hers and had gone outside, after meeting her at a fast food restaurant to play with his son. He went to the parking lot to wait for his ride and when he went back in she told him she had called the police. 911 on speed dial

January 13, 2010 Tiffany made her third false report when she called Delaware State Police Troop 3 and reported that a call had been placed by Gordon that he did not place. She showed Delaware State Police, Corporal Adrian Owens, an incoming call in her call log from a blocked number and played a voice mail allegedly from Gordon. He never found out if it was someone else's voice or if Tiffany fabricated evidence by recording a prior message and playing it back into a new message to frame him. He had witnesses that he was ill that morning and absolutely did not take any incoming calls or make any outgoing calls and wasn't in possession of his phone. That case never went anywhere because he was arrested for violating the ex-parte protection order (PFA) when he had not been served the order and didn't know it existed. It was supposedly a "clerical error" that he was entered into the criminal information system as having been served. Gordon was arrested and taken to Vaughn state prison for twenty hours despite being bailed out within about an hour of his incarceration in prison and despite family court employees realizing the error and trying to get him released. The record was expunged but the nightmarish experience can not be expunged from his mind and the experience left him scarred for life.

January, 26, 2010 Tiffany made her fourth false police report with another false allegation based on a call from a blocked number. This time Capitol Police didn't hear the voice mail allegedly left by Gordon but based the charge on the phone log of when the call was received. This was the first proven false report because at the time Tiffany called herself or had someone call from a blocked number, Gordon was in the courthouse, the Kent Family Court, on video surveillance,  in a room full of other Respondents, under the watchful eyes of court employees, Bailiffs and Capitol Police. He was not on a phone at the time Tiffany Smith received a call from a blocked number. That is a dead bang a false report to police. DAG Christopher Parker did not drop the charge until the day of trail. It's amazing that the fact that video proved Gordon was innocent didn't deter Parker's prosecution of the case. However; Tiffany had moved to GA and didn't come back to testify to her false report, although she is no stranger to perjury (Felony perjurymore felony perjury , even more felony perjury, there is further perjury in the transcripts but it would take too much space to include it all here)  Tiffany knew by then that Gordon had been at the courthouse and could prove he didn't call anyone at the time she had a call from a unknown (blocked) number that she said was from him. Parker did not have Tiffany charged with a false report. How could he have been oblivious to the obvious? That makes him less smart than Tiffany. Parker fined Tiffany $50 for failing to show up for court to testify.

False police report number five was July 16, 2010. Tiffany called Delaware State Police (DSP) Troop 3 and reported Gordon had called her and she had told him not to call but he had been making numerous calls and sending text messages. They got a warrant for phone harassment without even doing anything that remotely resembled an investigation. Obviously they did not check her phone log because he hadn't called or sent her text messages in weeks. Maybe they did check her phone logs and she had done "a Morrison"., but she's not that smart to do a Morrison and why bother when it's so easy to ring up good old Troop 3 and have them whip out a warrant for her. Gordon had not talked to her since June 28, when she had him come over to babysit the boys, for her to have the opportunity to tell him not to call. DSP called him after getting the warrant to tell him he was wanted for arrest. Gordon told them he made one phone call and there was no PFA prohibiting him from calling the custodial parent of his little boys. He told DSP that he was on his way to GA and would come in to be arrested on the warrant after he got back to Delaware.

July 22, 2010, Tiffany had gotten an ex-parte PFA after  the July 16 phone call and warrant. Gordon was in GA and didn't know about a PFA. He had not been served yet. That day he went to Wal-Mart and picked up money sent by moneygram from FLAIR: Family Law Advocates Initiating Reform to cover expenses and got a ride with two other guys going to Washington, DC to attend the annual Family Preservation Festival.
Tiffany calls her buddies at DSP Troop 3 and shows them a letter that she said she found on her porch. She didn't know, what DSP T3 knew, that Gordon was in GA. The letter said "Bitch you filed a PFA, I'm going to f**king kill you and the boys" (In court she testified it said "my boys", further attempting to frame Gordon). The DSP knew Gordon didn't write the letter and did not apply for a warrant for Gordon's arrest. They also didn't investigate it as a false report. Only a few people in the Kent family court and whoever Tiffany told knew that there was any ex-parte PFA and who would go to Tiffany's residence, up the long driveway where Tiffany's parents, two sisters, four grandparents, an Aunt and a cousin live and place such a note on her porch?
Attempt to frame w fabricated physical evidence That was false report number six.

August 9, 2010 Tiffany calls DSP Troop 3 at 1:02PM an reports that she just saw Gordon and his friend Catherine Gibson at her home in Hartly, DE at 1 o'clock. DSP get a warrant for violation of a protection order. Gordon arrested at which time his friend produced a receipt signed by her and time stamped 12:41 that shows they were in Camden, DE. The fast food restaurant they ate at is 28 minutes from Tiffany's house per Google maps. second proven false report Taco Bell False report number seven and it's a proven false report because the physical evidence of the receipt with the corroborating surveillance video contradict the report. Tiffany was not arrested for this well documented false report. It would have been a slam dunk conviction. She and her sister Morgan Evans and then boyfriend Bill Merson proven to have lied to DSP and in court testimony. That is a false report, criminal solicitation and conspiracy for Tiffany. Conspiracy None of the perpetrators were arrested for conspiracy, false report, accessory to a crime or felony perjury.

August 12, 2010 Tiffany sees Gordon and Catherine at Walgreen's. She and her then boyfriend, Bill who lied about the August 9 incident, go to Dover PD and report that Gordon saw them driving by and followed them on foot to Walgreen's and then he and Catherine followed them in a car when they left the store. DPD gets a warrant for felony stalking and violation of a PFA. Gordon is arrested. In reality Gordon was meeting Catherine at Walgreen's, where she wanted to stop to make a purchase. He was surprised to see Tiffany come up the aisle. Gordon and Catherine went directly to the Dover campus of Wilmington University where Catherine had to submit a form before 5 PM. They were there at 4:45 and transmitted a fax at 4:50. Gordon didn't see Tiffany's car in the parking lot when he got there and in fact she. apparently, was in her boyfriend's truck which he had never seen up to that day. That was false report number eight.

False report number nine was about a month later in September, 2010. Tiffany reported to police that on June 25 Gordon sexually assaulted her. The officer investigates and calls Gordon. He determines that there is no probable cause. He does not arrest Tiffany for filing a false report.

(Note: Tiffany alleged that she was assaulted on June 30 and reported that to DSP but did not allege to them that Gordon committed the crime. She said her assailant was unknown to her and wearing black sneakers. That was reported June 30 as having occurred at about 9-9:30 PM. DSP questioned Gordon as part of the investigation on July 2 at about 11/11:30 AM and Gordon had a solid alibi. DSP never asked Gordon for DNA. During family court proceedings Tiffany inferred that Gordon was a suspect and by September, 2010 in a PFA hearing was directly alleging that Gordon was a suspect and by August 2012 was alleging, in family court, that Gordon was the attacker. It remains to be seen if there ever was an attacker or an attack. Was that a failed attempt to frame Gordon Smith? Was that a completely false report? We might never know the truth.)

July 28, 2012 Tiffany files false police report number ten to Dover PD that she called Gordon and he said that he would f**king kill her. Based solely on her statement the Dover PD gets a warrant and Gordon is arrested for terroristic threatening.

August 13, 2012 Tiffany files a false police report number eleven to Dover PD that Gordon left a threatening note at her residence. (Sound familiar?) The officer finds her statement inconsistent and not credible. Gordon is not arrested. The officer goes to the DAG and tells him that he suspects this is a false report. The DAG tells him to wait until evidence is returned from the State Bureau of Investigation before getting a warrant for Tiffany's arrest.

August 18, 2012 Tiffany files a false police report number twelve to Dover PD that Gordon left more threatening notes. Gordon is arrested. Conferring with the officer that took the report on  Aug 13 an investigation begins and this is one of the crimes for which Tiffany is charged. Tiffany is charged with that false report on September 1 and the charges against Gordon are dropped.

August 24, 2012 Tiffany files a false report number thirteen to DSP Troop 3 that she was at an eating establishment and Gordon left another threatening note. Gordon has a solid alibi and DSP begins investigation of a false report.

August 28, 2012 Tiffany files a false report number fourteen to DSP Troop 3 that Gordon physically assaulted her. She suffered some injury and went to the emergency room at the local hospital. Gordon is arrested at gunpoint but not charged when DSP discovers Gordon has an alibi. This is investigated as a false report. Tiffany is charged with making a false statement to police in an investigation.

January 2009 1 false report
January 2010 3 false reports
July 16, 2010-September 2010 5 false reports
July 28, 2012-August 28, 2010 5 false reports


Now that Tiffany has been arrested and charged with three counts of filing false reports and a false statement to police, will she stop?

Will the Delaware Department of Justice do the right thing as the New Hampshire prosecutors did in Ruggeiro and Morrison and throw the book at her and send her to jail? Will she finally be arrested for the false reports of January 26 and August 9 of 2010 which are proven by the physical evidence of family court video and the receipts and video (immortalized in the DSP investigation documents) false reports?

This is not just a woman who lies about incidents which never happened. This is a woman who fabricates evidence that on the surface, barring contradictory physical evidence, establishes probable cause for arrest and could cause a false conviction. This is a woman who has been proven to conspire with others to lie to police and testify falsely to frame an innocent person for crimes he did not commit. This is a woman who will sustain the pain and disfigurement of physical injury to falsify evidence in conjunction with a false report.
This is a very dangerous woman.

Maybe justice is coming. We will see.

Update September 18, 2012
Justice remains elusive in Delaware.
After the decisive action of the Dover Police, the Delaware State Police have still not arrested the perpetrators of the false report to police, harassment, criminal conspiracy, accessory before the fact, felony perjury,  Physical evidence contradicts false report ) from August 9, 2010. The Kent County Family Court has not dismissed the PFA on the non-custodial parent who was the victim of the false reports to police, that were the basis of Commissioner Lou Ann Vari granting a protection order against him. Kent County Family Court Commissioners apparently do not think that the custodial parent who filed numerous false police reports and injured herself to frame the custodial parent is a danger to herself or her children. Ex-parte petitions have been denied to allow the non-custodial parent to even see his children, which is contempt of court under the recently misguided protection order. The children remain in the custody of a dangerously disturbed woman. Hearings were set but postponed because the woman can't be found to serve notice of the hearings. Maybe the Commissioners should read this: Restraining order helps mom murder children They think that they can hide behind judicial immunity should anything happen to those little children. They are wrong and I hope that the occasion to prove this to them never arises. Lip service aside, actions speak louder than words. They are not interested in the welfare and safety of the children. They are not interested in the fact that they have been played for fools by a pathological liar for the past 4 years. They are not interested in the children's right to have a relationship with their father and the fact that the mother is a parental alienator who has used the courts to facilitate the alienation. They are not interested in justice. Delaware Family Court remains the Worst in the First and I think Kent County Family Court is vying for the top spot out of the three counties.  

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

http://www.nashuatelegraph.com/newsstatenewengland/910607-227/bogus-evidence-theres-an-app-for-that.html

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:
http://www.eagletribune.com/newhampshire/x316471922/Ruggiero-faces-21-new-charges
"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.