dr michael h pfeiffer & judge esther wiggins - “another case of judicial abuse" arlington,...

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Another Case of Judicial Abuse

April 10, 2008 08:01 AM EDT 2008 by Mother Toad (Gail, Love the Spring, season and step

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Tuesday, April 8, 2008, I accompanied Dr. Ariel King, Founder and President of the Ariel Foundation, to the family courtof Judge Esther Wiggins Lyles in Arlington, VA.

The following are my observations and interperatations of the events.I have heard about this Judge, but had never had, what I now consider to be, the displeasure of sitting in on one of herhearings. It was an eye opener for me that such a judge continues to dispense her self interpreted brand of justicefrom the bench. And, I am left wondering who is in charge of that courtroom and why she continues to be paid foroccupying the position of judge.I had spoken to Dr. Ariel King for only a few minutes the night before court and we mostly spoke of my own situation,not hers. I arrived at her home in Maryland after 9AM on April 8th, while she was out on an errand. When she arrivedhome close to 9:30 or so, it was time for her to get ready for court, showering dressing and doing her hair. As soon asshe was ready, we left in separate cars. I mention all this so that you understand that we had no time together todiscuss her case. I had little if any background available to me until the end of the court day. As happened, this waspositive for being an observer. I had little or no information on which to base my observations.We were accompanied to court by Dr. King's mother, who had suffered a massive stroke in February, 2008. Along theway, we stopped to pick a friend of Dr. King's who is a lawyer, but does not practice in the family court system, nor inthe Commonwealth. He was simply along for the "legal ride" and has taken an interest in her case.Prior to court, we met her lawyer, the latest in a string of attorneys to represent Dr. King. The others had been

dismissed by her for inaction and mishandling of her case. This lawyer had failed to bring with him a set of documentsDr. King felt was important to the case. He had completely jumbled other papers that were to be presented to thecourt. As Dr. King and her friend made attempts to set the paperwork right, the lawyer representing her acted as ifthese were natural mistakes. After about a half hour or so, we headed toward the courthouse.

As we exited the elevator on the fourth floor, Dr. King mentioned something that is vital to her case. I had heard hermention at least twice during the just prior meeting and the lawyer had reassured her that everything was in order. Asif it were completely normal, the new lawyer tossed out "We're not filing that today." No explanation, no reasoning, nota further word was said by him.

I was the only observer in the courtroom. Judge Wiggins Lyles attempted to delay the case even further, saying thatnone of the four contempt charges stemming from Show Cause Orders were due to be heard that day. I can onlysurmise that this tactic was a lame attempt to possibly delay the case until I exited the courtroom. After all, no oneknew who I was, and later, I would not be sworn in as a witness, which was visually noted by the judge with an intensestare toward me while everyone else raised their right hand. The only person to leave the courtroom was Dr. King's

mother, frail and frightened.

The Guardian ad Litem was the first to speak. She offered, though Dr. King was cooperating with the courts at thistime, she had a history of being very uncooperative. After court, I asked Dr. King what this was in reference to. Dr.King replied that she did not know why this was being said. This, I am again surmising from hearing a good part of thestory, stemmed from the original phone call she received from the GAL in Virginia. She was living in Maryland, afteronly living in Virginia for twenty-nine days. At the time of the abandonment, her husband moved to DC for two monthsand then returned to Maryland, but filled for full custody in Virginia. Her husband was living in DC, when he filed forfull custody in Virginia. This was directly following the abandonment by her husband of her and her than 4 year oldchild without money or a place to live one week after completing a Neurology Residency. Upon receiving the call, Dr.

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King sought advice from counsel. She was told not to talk to anyone, and so she followed the advice her then lawyergave her. At the point in time the call was received, the child was living with Dr. King in Maryland.The fact that she and her child had only spent twenty-nine days in Virginia before the husband filed for full custody inVirginia and returned to Maryland following that period, and with the husband living in Washington, DC, again, notVirginia, begs one to ask why a custody case is being heard in a courtroom in Arlington, VA. The law is very specificon this point and leaves no room for interpretation. In order for custody to be heard in a Virginia courtroom, at leastone of the litigants has to have lived within the borders of this state for no less than six months. Neither of the litigantsinvolved, nor the child, meets that stipulation. With the child living in Maryland with her mother at the time the case

was filed, and the father living in DC, a civil case should have been filed in one of those jurisdictions. From myunderstanding, Dr. King has pointed this out to the judge in the past. When there was an attempt to bring it up againon Tuesday, Wiggins Lyles abruptly cut her off and informed her that she did not want to hear it. The judge had basedthe jurisdictional issue on the fact that Dr. King had, at one point, signed a one year lease on an apartment, which sheadmits to having done at the time of the abandonment, but only used the apartment for a total of three months duringthe lease period. Their daughter's private school, place of worship, extra-curricular activities, pediatrician, playmates allremained in Maryland the entire time.As court proceeded, Dr. King was put on the stand. As is now my understanding, though she was ready and willing,Judge Wiggins Lyles had not allowed her to speak in court since the case had started. In that vein, the judge refusedto see offers of evidence presented on Tuesday. One by one, she ruled that they were of no relevance or notadmissible as hearsay, without examining most of the documents herself and basing it solely on the word of Mr.O'Connell.

Time after time, the lawyer for the other side, Mike O'Connell, pounded on the podium in an attempt to upset Dr. King.

During first of the two recesses in the five and one half hours we spent in the courthouse, I informed her lawyer that theact of the pounding was a deliberate badgering of Dr. King and an attempt to upset her. He spoke to the husband'slawyer during that recess, and following that, although not present for the conversation, I have to believe that heinformed Mr. O'Connell that I was there to observe the proceedings as a possible future witness to the happenings inthe courtroom, as he discontinued the practice. At one point, however, Mr. O'Connell, raised his voice and in an angrytone asked Dr. King if she knew what the penalty was of perjury. This is lawyer speak for "You are lying", somethingthey are forbidden from saying to anyone on the witness stand without being able to back it up. Again, this is used asan intimidation technique.During the entire time that her husband was present in the courtroom, and having full view of him, I noted anuncontrollable and constant facial twitching. He held his hands tightly together and below the table level where the

judge could not see them. Now knowing that he is a Neurologist, I have to question the cause of the twitching. Thesetypes of bodily behaviors would give me concern in a medical environment. On the other hand, when people lie,whether themselves or through a third party, they will often display such behaviors, as do people with certain organicbrain disorders ranging from Tourette's syndrome to Generalized Anxiety disorder with any number of serious braindisorders in between, including untreated or with the off label use of Lexapro for Bipolar disorder as reported bypatients who are using the drug for it's unintended use.When the subject of Dr. King's mother came up, Judge Wiggins Lyles choose to offer, in what can best be described aseditorializing, that Dr. King had made a bad choice in bringing her to Maryland from Atlanta. With no support system inAtlanta for her mother, no insurance to cover further hospital bills (her mother was stablized and released due to lack ofinsurance at 3 AM) and her mother having the physical capacity of a six month old, the judge said that she would nothave moved hermother to the DC area via car (the mother was not allowed to fly due to a bleed condition in the brain)and that Dr. King should have remained in Atlanta, away from her child, her employment and two other people to helpcare for her mother. In essence, the judge was telling her that she should have made the choice between her child andher near death mother and that the act of bringing her mother here, where she could receive proper care, was anunthinking act on Dr. King's part.From the beginning, I question the abilities or willingness of Dr. King's new lawyer. One of the first things he told her

was that a key witness, living a few miles away in Maryland, could not be subpoenaed to testify. It is my understandingthat if a person is within a 1200 mile radius, they can be called. Further than that, they can be deposed.

When asked about notifying the courts upon her return from Atlanta (the husband had been given temporary custodywhile she was away), Dr. King said that she notified her lawyer, the GAL and her CPS probation officer, a Ms. Woods,by email just after 1 PM Tuesday, after returning on Monday and amassing the proof that the CPS worker required.Ms. Woods stated from the observers seating, "Oh, yeah, a week later." Dr. King was able to produce a copy of thatemail. Judge Wiggins Lyles responded that it was after the attempt by Dr. King to retrieve her child and ruled acontempt charge be upheld.


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Dr. King is in possession of a tape of a 911 call placed on the Tuesday morning and stemming from the attempt to pickup her child upon her return from Atlanta and upon amassing the required documents for the court. The father refusedto hand the child over. On that tape, the child can clearly be heard screaming, banging on a door and crying for hermother. The judge refused to hear that tape.The husband was allowed to leave the courtroom early. Mr. O'Connell outwardly stated that he could leave to pick upthe child from school, although he was fully aware that Dr. King had arranged for the child to be picked up by thenanny. It should be noted that it was not the judge who excused the husband, but his own lawyer. I believe this is anindication of the judge's propensity to just go along with one lawyer over the concerns of the entire courtroom and the

rules of said courtroom. When his lawyer was on track to make a statement or ask a question that would be objectedto, Judge Wiggins Lyles told him how to phrase them so that they would not be overruled. She did this time and again,yet did not extend the same courtesy to Dr. King's lawyer. At one point, Mr. O'Connell ordered that a disallowedquestion be stricken from the record while no such utterance came from the judge.When it came to the matter of Dr. Lane, it was noted by the courts that Dr. King had discontinued seeing him. In what Ibelieve to be a deliberate set-up for failure, Dr. Lane would initiate the appointments with a call or email her with timesand dates he could see her. She kept all but one appointment with him. Eventually, for reasons I have yet to learn, Dr.King was forced to contact the medical board about Dr. Lane. When the attorney for the husband asserted that Dr.King had missed several appointments, she again informed him that she had only missed one. Mr. O'Connell thanstated that no one would ever know that for sure because Dr. King exercised her right to make what she thought andcontinues to feel, was a valid complaint. Dr. Lane has had complaints filed against him in the past. Dr. McFarlane, anassociate of Dr. Lane's, has now been appointed by the judgeto do the evaluations.When Dr. King's mother came into the courtroom to testify, Judge Wiggins Lyles refused to allow the testimony to take

place. In a previous hearing, the father's lawyer had asserted that Dr King exaggerated the mother's illness in ordernot to attend a previously schedule full custody hearing. They asserted that Dr. King had gone to Atlanta to venueshop, a fact that could have been disputed by the mother.The cruelest part of the day came about a half hour before bringing the gavel down for the day. Dr. King was foundguilty on two counts of contempt of court. Mr. O'Connell, citing the Dr. King's alleged noncooperation, angrily insistedthat Dr. King be jailed. Judge Wiggins Lyles, in what appears to me to be a deliberate attempt to destabilize Dr. King,informed those present that she "needed to think" about the punishment until the next hearing date, once again leavingDr. King in a state of limbo.

Court was dismissed for the day when Dr. King's mother began to feel ill with what is believed to be, based on herblood pressure and medical history, a mini stroke and had to be removed from the courtroom. Ms. Woods, the CPSprobation officer, assisted us in getting her down stairs. When doing so, she stated to Dr. King that she thought thehusband could use help with parenting by taking "a few parenting classes."Submitted byGail Lakritz April 10, 2008


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Comments: 11

penni d. Apr 10, 2008, 9:02am EDT

Sounds like a courtroom in My county...Good luck to Dr. king...she NEEDS it..

Tom HunterApr 10, 2008, 9:18am EDT

Boy,

This really sounds like a shitty deal. Sorry you had to go through that.

Lune Wolfsong Apr 10, 2008, 11:04am EDT

Outrageous system. Just outrageous.

Good-bye A. Apr 10, 2008, 12:16pm EDT

Best wishes to all that are involved.

Denise B. Apr 10, 2008, 1:15pm EDT

this is NUTS!! she needs to get the judge overrulled and get the venue changed, it seems the other lawyer has that

usge in his pocket

Randee "The Court Jester of LaLa Land ! ! !" always and forever, I just want to celebrate Apr 11, 2008, 7:40am EDT

I've heard of Kangaroo Courts...but you have just layed witness to one....Curt L. Apr 11, 2008, 12:31pm EDT

Jeesh!

Dee - Nature Babe! Apr 12, 2008, 6:05am EDT

This is insane Gail. Dr. King has done more than her share of suffering. And this judge needs to be disbarred.

Good luck to Dr. King.

Jan S. Apr 15, 2008, 4:51am EDT

I can't imagine how anyone is expected to tell the WHOLE truth when the attorneys and judges won't allow it to be

revealed. Quash, issue a continuance, drag feet...hoping the injured parties will give up? Shame on the whole bunch

of them!

Justice is about people's lives.

Renee (Pres of Baby James Foundation) ~. Apr 15, 2008, 4:03pm EDT

There are more situations like this then we know.

Nancy H. Apr 28, 2008, 10:47am EDT

How horrible, but unfortunately so typical of Judge Esther Wiggins-Lyle. She once told me that I did a bad thing by

having another little girl come over to play with my daughter Sabrina duringour overnight visit with Sabrina.

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dr michael h pfeiffer & judge esther wiggins - “another case of judicial abuse" arlington,...

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