Where is justice when Joseph says Robert hit him WITH A BAT for pleading to live with me and he told Dr. Tan and Dianne Griffith at the school, yet when DCYF went to River Road Sarah Prescott (Kenick) of UNH Manchester told them not to interview the children and THEY DIDN’T?! Do my children deserve to be beaten into silence? Sarah’s stepfather testified that Robert has a history of violence. He assaulted Sarah’s mother so hard he knocked her teeth out and she had to have a metal plate surgically implanted in her jaw! But DCYF doesn’t even interview the children when BOTH state Joseph was hit with a bat for pleading to live with his father? Both children continue to plead to live with me, but NO ONE is protecting them. When more than a dozen persons showed up at court Marital Master Cross refused to accept their notarized affidavits and he refused to even let them speak. Can I abandon my children and my home because Sarah met someone else, filed for divorce, and then filed delay after delay so this nightmare spans SIX YEARS? No, that level of injustice is intolerable and I will not allow it so long as there is breath left in my body. I’m coming every day from every corner of the globe using as many persons as it takes until this evil I and others have now uncovered is exposed and stopped. The kidnappers, perpetrators, and profiteers now exposed can have peace and protection when we and our children have the same. From public record in Appellants Brief NH Supreme Court case 2011-0321 which, without even a hearing, was secretly ruled The Family Court has wide discretion: Appendix page 674: “I am also one of several persons Mr. Kenick took as witnesses to custody transfers following the August 14, 2009 incident in what the children describe as a prepared altercation where they were forced into outgrown shoes and clothing while Mr. Kenick waited outside the home, and then Ms. Kenick and her father followed them out the door and when Mr. Kenick wouldn’t engage in an argument, Ms. Kenick’s father flew into a rage and ran into the street shouting obscenities and “banging on the van with the children inside it.” “As a mother, scout leader, and NH taxpayer, I am appalled at the lack of justice or due process I’ve personally witnessed in this case”. Appendix page 594 from Sarah’s own family: “I addressed the GAL (Jennifer Rackley) about some of the statements that Sarah had made. I told her that Sarah was not completely telling the truth. I finished the conversation by saying that I had no reason to drive eight hours in a snow storm to not tell the truth.” Appendix 648: “I have personally witnessed Sarah Kenick swear at a group of Sunday school children. I also have firsthand knowledge regarding the Kenick children’s repeated plea for protection and relief from Ms. Kenick’s custody. Both children have repeatedly stated they have been hit by Ms. Kenick’s father who lives with her, punished, confined to their room, denied attendance at numerous events, all while begging for protection from Ms. Kenick’s custody. Marital Master Cross refused to allow ANY of Mr. Kenick’s twelve witnesses to testify. Several witnesses have attended two, three, or more hearings, and the same injustice in the Portsmouth Family Court. SOMEONE from the Court or the State should listen to the children and immediately grant their plea to live with their father. Appendix page 593 is from Ms. Kenick’s own family: “On numerous occasions Sarah has interfered with some of those plans” “My wife and I have spent time alone with the grandchildren and occasionally the conversation would drift to how things are going at home. On several occasions, they would talk about some abusive behavior in Sarah’s house.” Robert Prescott who has a history of violence as stated by Ms. Sarah Prescott Kenick’s own mother and stepfather who related on the stand that Robert Prescott attacked his ex-wife so savagely that she lost her teeth and required a metal plate to be surgically implanted in her jaw as stated on Page 536 of the Certified Transcripts in NH Supreme Court case 2011-0321 Robert Prescott is the same person who locked young Joseph in the bathroom for over three hours and boasted about it as stated on Page 519 of the Certified Transcripts in NH Supreme Court case 2011-0321 Robert Prescott is the same person who young Joseph stated to his doctor and his school guidance counselor he was HIT WITH A BAT for pleading for protection from Ms. Kenick’s custody and yet the NHDCYF report on Page 804 of the Appellant’s NH Supreme Court Brief Appendix clearly states DCYF “Did not formally interview the children at the request of Ms. Kenick” (what kind of mother prevents NHDCYF from interviewing a child who pleads for protection). Page 804 of the Appellant’s NH Supreme Court Brief: “Ms. Kenick indicated that the children had been interviewed about Joseph getting hit with a bat by the GAL” yet the notarized affidavit on appendix Page 585 clearly states “GAL Rackley was examined by the Respondent about her recommendations, and in her testimony, she indicated that she had no additional evidence to support her change of position from the report filed days earlier, NOR HAD SHE INVESTIGATED ANY OF THE INCIDENTS REGARDING ABUSES CLAIMED BY THE CHILDREN”; Ms. Sarah Prescotts mother has a metal plate in her jaw from a violent attack by Ms. Kenick’s father (see Appendix page 656). The same man ten year old Joseph Kenick IV claims hit him repeatedly and most recently WITH A BAT for pleading for relief and protection to live with his father. Yet the public report on Appendix page 804 shows DCYF didn’t even interview the boy “at the request of Ms. Kenick”; Appendix page 684: “Ms. Kenick had no legal right, reason, nor permission to be anywhere on our property. As the homeowner, Ms. Kenick had neither permission nor any legal right to be present; I hope that clarifies the events of November 11, 2009” (when Ms. Kenick stalked Mr. Kenick to seek to create an altercation he refused to engage in yet she sought a restraining order anyway. Even when he caused her no harm and refused to engage in even a verbal altercation. The children’s own pleas are public record in Appendix page 655-658 & 661-664. “Alexandra asked to speak with me privately and said she doesn’t feel comfortable being alone with Sarah and that she wants to live with her dad.” “I was put to bed late last night so I could be woken up early so I’d be exhausted for my father. That’s another reason why I want to come live with him.” “They both said they wanted to live with their dad. The GAL also asked if the children seemed upset when they made those statements and Kaitlyn (the babysitter) stated that “Joseph seemed confident”. Appendix 673: “I have personally heard both Joseph and Alexandra state the following: Complain about their mother’s harassing phone calls” (which even Marital Master Foley stated in his April 2009 ruling were “detracting from her intuitive value as a parent”). “complain that their mother and her father force them to wear certain articles of clothing or footwear which pinches their feet and is otherwise too large or too small.” “Joseph complain that the man he calls papa has begun hitting him in anger hard enough to cause bruises.” “they were denied requests to call their father or to have dinner with him on Alexandra’s birthday” “they want to live with their father so their mother and her father won’t be able to hurt them anymore or make them miss things they want to attend.” Appendix 630: “both children expressed a strong desire for their father to have sole custody of them. Citing many examples, the children are frustrated. The children were upset because they had both complained to their mother that morning, but she refused to allow them to change into better fitting clothing.” Appendix page 631: “Joseph and Alexandra have demonstrated a clear understanding of what custody would mean for them, and have also articulated credible reasons” Appendix 633: “they wish their father to have primary custody and be allowed to “see Mommy when we want to and not when we have to”. “Both children were upset to not be allowed to attend their great-grandmother’s (G.G.) hundredth birthday and were upset to have been forced to miss her ninety-ninth as well.” Appendix 634: “Both children on two separate occasions related the van attack Mr. Prescott (Ms. Kenick’s father who lives with her and who assaulted Sarah’s mother so badly she had to have surgery and whom young Joseph says hit him with a bat last year for publicly stating he wanted relief and protection from Ms. Kenick’s custody) perpetrated during one of the transfers.” Appendix 635: “Daddy bought me a pretty dress for school pictures” she said. “I wore it to Mommy’s and she won’t let me bring it back to Daddy’s.” “Mr. Kenick has, in my presence, told both children they may wear whatever they wish that’s weather appropriate no matter who bought it for them and regardless of whether it’s a custody transfer day or not.” Appendix page 636: “their frustration at being forced to miss key events in their lives due to their Mother’s unwillingness to allow them to attend (scouting awards and events, Kenick family functions, etc) and the lack of contact with their father.” Ms. Kenick tried to create an altercation at the August 14, 2009 custody transfer, then stalked Mr. Kenick on the Jerge’s property to obtain a restraining order on November 11, 2009 which the NH Family Court has just extended and extended even when Ms. Kenick admitted on the stand that Mr. Kenick hasn’t initiated ANY contact with her since that date, not on that day either, and has caused her absolutely no harm even when she’s intentionally tried to create altercations. Appendix pages 881-882: speaking of mom, be a counselor for her! We don’t need it. She needs double counseling. PS. I’m not having a bad day. I want to live with my dad and here are some examples: Mom makes us miss every thing she can. Dad doesn’t make us miss things we want to go to, but since we can’t see him all the time we don’t get to go to half the things.” Those are the words of young Joseph Kenick IV in his own handwriting. Appendix 648: “I have personally witnessed Sarah Kenick swear at a group of Sunday school children. I also have firsthand knowledge regarding the Kenick children’s repeated plea for protection and relief from Ms. Kenick’s custody. Both children have repeatedly stated they have been hit by Ms. Kenick’s father who lives with her, punished, confined to their room, denied attendance at numerous events, all while begging for protection from Ms. Kenick’s custody. Marital Master Cross refused to allow ANY of Mr. Kenick’s twelve witnesses to testify. Several witnesses have attended two, three, or more hearings, and the same injustice in the Portsmouth Family Court. SOMEONE from the Court or the State should listen to the children and immediately grant their plea to live with their father. Direct quote from a notarized affidavit in a motion in public case file 2008-DM-184 in 10th Circuit Court Brentwood NH dated April 2012: “Joe built and paid for it (the house at 37 River Road in Stratham, NH); the wife wrote in several deeds and a letter to the SBA flood people that she wants nothing to do with it. I know because I helped sort out and dry piles of documents that were damaged in the Mother’s Day flood of 2006. I think the ex-wife’s interest now has to do with paying off student loans that she has allowed to build up by not paying them since way before the couple was married. Having paid off my student loans with sacrifice and diligence, I would object to anyone essentially stealing property to pay off theirs.” Direct quote from a notarized affidavit in a motion in public case file 2008-DM-184 in 10th Circuit Family Court Brentwood NH dated April 2012: “As an independent NH taxpayer, citizen, and voter I hereby state that if this is indicative of how my tax money is being spent then the NH Family Court system is devoid of impartial justice and a complete waste of time, space, and taxpayer money. I request that the NH Judicial Conduct Committee and the NH General Court take immediate and decisive action against Judge Lefrancois for abusing his power and authority. I am aware Judge Lefrancois also incarcerated Jeff Ruggerio to wrongly take away his home, and his child. From my personal knowledge and observations listed above it is apparent Judge Lefrancios must be removed from the bench if I, and the general public, are to have any confidence in the NH Family Court system.” The children’s pleas and reasons are listed below and are quotes directly from the GAL report and made public in motions I filed January 18, 2011 and February 8, 2011: 1. On Line 5 of the GAL’s 9/1/10 report it states “the children have stated that Sarah lies and this she is nice in public, but not in the house.” 2. On Line 3 of the GAL’s 9/1/10 report it states “Alexandra then went on to explain that her mother dressed her in such ill-fitting shoes for the trip that Joe had to buy Alexandra new shoes.” 3. On Page 6 of the GAL’s 9/1/10 report it states fifteen year old Katelyn Jerge told the GAL “that on the day of the last Court date, she was babysitting Joseph and Alexandra and that Joseph told Katelyn that he hated his mother and Alexandra agreed with him. Kately stated that she asked the children why and Joseph said it was because his mom was making it so he couldn’t go to his scouting events and he couldn’t see his dad at the scouting events. They both said they wanted to live with their dad. The GAL also asked if the children seemed upset when they made those statements and Katelyn stated that Joseph seemed confident.” 4. On Page 10 of the GAL’s 9/1/10 report it stated that Claire Denton said six year old Alexandra said “I know what you think,” and she looked behind her, “that my mom is really nice, and when we’re in a place like this, she’s really nice to me, but when we’re alone, she’s really mean.” 5. On Page 11 of the GAL’s 9/1/10 report it states “Claire Denton stated that Alexandra said this one time she made me wear shoes that hurt my feet and when Claire Denton said maybe mommy didn’t know, Alexandra said it doesn’t matter, she made me wear them anyway.” 6. On Page 11 of the GAL’s 9/1/10 report Claire Denton reported Alexandra said “this one time I couldn’t breathe” and when Claire asked what happened the child replied “well my shirt was too tight.” 7. On Page 11 of the GAL’s 9/1/10 report Claire Denton reported that another classmate’s mother stated concerns when six year old Alexandra “asked to speak with me privately and said she doesn’t feel comfortable being alone with Sarah and that she wants to live with her dad.” 8. while aiding the child in cleaning his room was recently found a letter from nine year old Joseph to Kathy Forbes Fisher dated November 15, 2010 which states “Dear Ms. Fisher, Hi, thanks very much NOT for being the worst counselor ever. You made us write letters we didn’t want to write. You don’t go on our side you go on mom’s side. And speaking of mom, be a counselor for her! We don’t need it, she needs double counseling. P.S. I’m not having a bad day. I want to live with my dad and here are some examples: Mom makes us miss everything she can. You make us write letters we don’t want to . Dad doesn’t make us miss things we want to go to, but since we can’t see him all the time we don’t get to go to half the things.” 9. On Line 15 of the Respondent’s January 18, 2011 motion which is also public record it states the calls the children asked to make to Kathy Forbes Fisher and the GAL Attorney Jen Rackley which Jen Rackley wrote as 12/4/10 (Saturday) Joseph left a message at 5:56 PM stating “I was very cross about being ripped out of the Christmas Parade at Exeter. I would like to live with my father.” Referencing Ms. Kenick’s insistence that the child could not march in the annual event with his Cubscout group, only so she and her father could leave him with a babysitter and Alexandra at a friends house while they abandoned both children. Joseph called on 12/5/10 (Sunday) at 10:14 AM stating “I was upset I was put to bed late last night so I could be woken up early so I’d be exhausted for my father. That’s another reason why I want to come live with him.” Referencing Petitioner’s cruel and repeated sleep deprivation of both children. At 10:25 AM Alexandra left a message stating “I was very upset and very cross that I had to miss the parade last night. I would like to live with my father.” 4. On June 30, 2010 I attended a hearing to testify regarding what the children had stated to me were reasons for their repeated pleas for protection and relief from Ms. Kenick and her father. Yet Marital Master Cross allowed NONE of the eleven persons present to testify, including the children’s 100 year old Great Grandmother. On February 11, 2011 I again attended a hearing to testify on behalf of the children and again Marital Master Cross refused to allow Mr. Kenick to call ANY of his twelve witnesses to take the stand while again allowing Ms. Kenick’s lawyer to repeatedly stall the entire hearing. I am also one of the several persons Mr. Kenick took as witnesses to custody transfers following the August 14, 2009 incident in what the children describe as a prepared altercation where they were forced into outgrown shoes and clothing while Mr. Kenick waited outside the home, and then Ms. Kenick and her father followed them out the door and when Mr. Kenick wouldn’t engage in an argument, Ms. Kenick’s father flew into a rage and ran into the street shouting obscenities and banging on the van with the children inside it according to the children. I am also the recipient of the Cubscout related email Ms. Kenick instigated in February of this year for which she then had Mr. Kenick arrested and jailed overnight. I understand the prosecutor said in Court he had no prosecutable case and it was placed on file. As a mother, scoutleader, and NH taxpayer, I am appalled at the lack of justice or Due Process I’ve personally witnessed in this case in the Portsmouth Family Court.” “I had never met either Mr. or Mrs. Kenick before they became our neighbors when Joseph Kenick purchased the house next door in April 2002. In October 2009 my family and I asked Joseph Kenick III if he would take care of our fish and our mail while we were away in Aruba. Mr. Kenick agreed and my family and I subsequently went on vacation. Ms. Kenick had no legal right, reason, nor permission to be anywhere on our property. Yet according to the police report of November 11, 2009, Ms. Kenick therefore trespassed on our property in order to confront Mr. Kenick. As the homeowner, Ms. Kenick had neither permission nor any legal right to be present; I hope the above clarifies the events of November 11, 2009” (when Ms. Kenick obtained a Restraining Order). He continues “I have also personally witnessed the bias and injustice of Marital Master Cross and the Portsmouth Family Court system. I repeatedly took days off of work to attend Court sessions and testify to the above as well as Mr. Kenick’s character. On June 30, 2010 I was one of eleven witnesses who attended, yet Marital Master Cross refused to let these witnesses speak. On September 10, 2010 I was one of more than a dozen witnesses to attended, yet Marital Master Cross refused to allow any witnesses to speak on behalf of Mr. Kenick or the children until the final twenty five minutes of a six hour hearing. I was also one of a dozen witnesses who came to testify on behalf of Mr. Kenick on February 11, 2011, yet Marital Master Cross again refused to allow witnesses to take the stand. As a taxpayer, I am deeply troubled by the gross bias, wasted resources, and complete lack of Due Process I have now personally witnessed in this case. Apparently rulings are only granted to those who can afford a lawyer and justice does not exist.” 6. Another wrote “I am writing to you as a member of the public who recently witnessed Marital Master Cross on February 11, 2011, when he was presiding over the divorce hearing for Mr. & Mrs. Kenick. I left thinking it was nothing more than a kangaroo Court. Justices sitting on the bench should be fair and looking out for the welfare of the kids. From my own observations the only bench Marital Master Cross should be sitting on is a baseball bench. I took a day off of work without pay to testify for Mr. Kenick, because I have first hand knowledge of the complaints the children have made in repeatedly asking for relief from their mother’s custody. I could have understood not to be called, but when Marital Master Cross denied to hear any of Mr. Kenick’s witnesses, because Master Cross would let Ms. Kenick’s attorney ramble on for more than twenty minutes, is totally wrong and does not serve justice. For instance, Ms. Kenick’s attorney complained that she felt it was wrong for Mr. Kenick to go to the Stratham Police Station to pick up his children. Yet Ms. Kenick was the one who sought out Mr. Kenick to obtain a Restraining Order against him and the neighbor on whose property she did it was present to testify too and said he too was repeatedly denied even though he had attended several Court sessions. When Mr. Kenick would try to object to Ms. Kenick’s attorney’s long delay tactics, MM Cross would only say that he would have his chance to speak. When Mr. Kenick was able to speak he spoke for barely a minute before Ms. Kenick’s attorney would object and then would be allowed to shuffle papers and ramble on again so no witnesses were heard. Then Master Cross ended the day saying Mr. Kenick had the same amount of time to state his side and call his witnesses, and as I stated above no one was called despite twelve persons who sat in the Court room for the entire hearing. According to several persons present, this same injustice has been repeated by Marital Master Cross in this case time and time again. This is not a Court where both sides have a chance to present, but a kangaroo Court and Marital Master Cross should be removed from his position if the public is to have any confidence in the judicial system.” “I am an attorney admitted to practice law in New Hampshire. Mr. Kenick was very concerned about appearing Pro Se and retained me on a limited representation basis to sit beside him and advise him at the Final Hearing in his divorce on September 9, 2010 in the Portsmouth Family Court. I have not appeared for Mr. Kenick either prior to, or following the September 9, 2010 hearing. I understand from Mr. Kenick that the Guardian Ad Litem report was to be filed during the second week of August, but a report was not filed by GAL Jennifer Rackley until approximately a week before the scheduled hearing. In an unusual move, the GAL filed a modified report either during or immediately preceding the hearing, with substantially different allegations and information than was contained in the report from a week before. The report was not made available for review by Mr. Kenick prior to or at the hearing. Mr. Kenick requested that Marital Master Cross interview the children in camera, but he denied his request. During the hearing GAL Rackley was examined by the Respondent about her recommendations and in her testimony she indicated that she had no additional evidence to support her change of position from the report filed days earlier, nor had she investigated any of the incidents regarding abuses claimed by the children and the Respondent alleged against the Petitioner. It is my understanding that as a result of the information presented in this late GAL report that the Family Division modified the Respondent’s custody from the 50/50 shared custody arrangement which had been in effect since June 2008.”
Posted on: Sun, 27 Jul 2014 07:56:38 +0000
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