#49, Drano Series
Supplementary Brief for the Return of John Smith's Children*
Below is the cover,
the motion for leave (permission) to file the supplementary brief, the very brief brief itself, and
some important attorney-client fee agreements and billing tips.
JOHN SMITH taped the children disclosing sexual abuse. He said the children were at risk from further sexual abuse. POCAHONTAS and her lawyer said he coached and led the children to lie. She said the children were at risk from further manipulation by JOHN.
The children are at risk. The lower court and the single-justice sessions did nothing. The lower court did not even let him take the stand and testify!!! To get over the hurdles of the family court's judicial incompetence and the "middle" courts' judicial apathy, JOHN engaged a forensic linguist and perhaps the world's foremost expert on children's language development to analyze the tape. The doctor has determined the children were neither coached nor led.
They were telling the truth.
We hope that Massachusetts' highest court will act to reverse the unlawful removal**of the children to State XXXX without JOHN's consent, without an evidentiary hearing, and without any investigation as to where the children were being brought . . . despite his having warned the albeit imcompetent guardian ad litem of the dysfunctionality of the mother's family.**John Smith had a different lawyer when this unlawfulness occurred. That lawyer is associated with one of the most famous of all matrimonial lawfirms in Boston.
CAVEAT EMPTOR -- BUYER BEWARE
Proceed with caution when hiring the well-known firms: (1) read the contract they ask you to sign, (2) call the Bar association, (3) compare the contract you were given with that recommended by the Bar, (4) do not sign a one-sided contract, no matter how desperate you are for a lawyer, (5) find out who they will assign to your case, (6) insist on itemized billing, that is, that what was done be specified on the bill.
The BIG or SMALLER WELL-KNOWN lawfirms are doing what I call "TIER-BILLING." Tier-billing is when the associate assigned to you asks Jane, John, Bill, Dick, Alice, Betty, and the Big Honcho a question or two. You are then billed for the same 15 minutes by anywhere from 2 to as many as 5 people, whose rates might range from $125 to $375 an hour. That means that you might end up with being billed as much as $1000 for the hour . . . and you will find nothing in their file which reveals what was discussed. They might have just been schmoozing over donuts and coffee.
COMMONWEALTH OF MASSACHUSETTS
SUPREME JUDICIAL COURT______________________________________________
SUFFOLK, SS.
CASE NO. ______
______________________________________________
JOHN SMITH
Plaintiff/Appellant
v.
POCAHONTAS SMITH,
SUFFOLK COUNTY DIVISION OF THE
PROBATE & FAMILY DEPARTMENT OF THE TRIAL COURTDefendants/Appellees
__________________________________________________
CONSOLIDATED -- TWO SJC RULE 2:21 APPEALS
Appeals from Judgments and Orders of
Suffolk Probate & Family Court,
No. ______________
Appeals Court Single-Justice Session,
Nos. 2001-J-0000 and 2001-J-0000
Supreme Judicial Court Single-Justice Session
Nos. 2001-0000 and 2001-0000__________________________________________________
SUPPLEMENTAL BRIEF OF JOHN SMITH
PLAINTIFF/APPELLANT__________________________________________________
Barbara C. Johnson
6 Appletree Lane
Andover, MA 01810-4102
978-474-0833Attorney for JOHN SMITH
Plaintiff/Appellant
This is the back cover
CASE NO. SJC-_______
JOHN SMITH
Plaintiff/Appellant
v.
POCAHONTAS SMITH,
SUFFOLK COUNTY DIVISION OF THE
PROBATE & FAMILY DEPARTMENT OF THE TRIAL COURTDefendants/Appellees
__________________________________________________
CONSOLIDATED -- TWO SJC RULE 2:21 APPEALS
Appeals from Judgments and Orders of
Suffolk Probate & Family Court,
No. ______________
Appeals Court Single-Justice Session,
Nos. 2001-J-0000 and 2001-J-0000
Supreme Judicial Court Single-Justice Session
Nos. 2001-0000 and 2001-0000__________________________________________________
SUPPLEMENTAL BRIEF OF JOHN SMITH
PLAINTIFF/APPELLANT__________________________________________________
SUFFOLK, SS.
COMMONWEALTH OF MASSACHUSETTS
SUPREME JUDICIAL COURTSUFFOLK COUNTY, ss. C.A. NO. SJC-
_____________________________________
JOHN SMITH
Plaintiff/Appellant
v.POCAHONTAS SMITH and
Suffolk County Probate & Family Court
Defendants/Appellees
_____________________________________
APPELLANT'S MOTION TO SUPPLEMENT BRIEF ON WRIT OF MANDAMUS
FOR VACATION OF ORDER ALLOWING REMOVAL OF CHILDREN TO STATE of XXXX
AND FOR ORDER TO RETURN OF CHILDREN
TO FATHER'S CUSTODY IN MASSACHUSETTS
________________________________________Now comes Plaintiff/Appellant JOHN SMITH ["SMITH"] and moves to supplement his brief in which he seeks (1) an order vacating the order allowing the removal of the children to the State of XXXX, where they reside with their mother, the defendant wife, and their maternal grandfather, and (2) an order returning them to Massachusetts into SMITH's custody. Both twins disclosed -- on audio tape -- that they witnessed their mother having intercourse with a male. And one of the twins has accused -- on audio tape -- the maternal grandfather of sodomizing him.
In support of this motion, SMITH states that he has new evidence, i.e., evidence from Dr. _______, a forensic linguist who is perhaps the world's foremost authority on children's language development. Dr. ____________ has analyzed the tape on which the twins made disclosures of sexual abuse if they are allowed to remain in XXXX. She concluded that the children were not coached or lead by their father, SMITH, in making their disclosures.
The only conclusions possible are that the children were truthful and that they are in danger of continuing sexual abuse if they are allowed to remain in XXXX.
Her detailed report as well as her notations on the transcript of the tape are attached to the Supplemental Brief, which accompanies this motion.
WHEREFORE, Plaintiff requests that this motion to supplement be allowed.
1 August 2001 Barbara C. Johnson, Esq.
Respectfully submitted,
DEFENDANT JOHN SMITH,
By his attorney,Barbara C. Johnson
6 Appletree Lane
Andover, MA 01810-4102
978-474-0833
CERTIFICATE OF SERVICE
I, Barbara C. Johnson, counsel for JOHN SMITH, hereby certify that on a 2 August 2001 I served by first-class mail a true and accurate copy of the within pleading on , E.Chouteau Merrill, Esq., _____ ; Clerk of Suffolk County Probate & Family Court, 24 New Chardon Street, P.O. Box 9667, Boston, MA 02108; and Attorney General, Administrative Law Division, One Ashburton Place, Room 2019, Boston, MA 02108.
2 August 2001 Barbara C. Johnson
COMMONWEALTH OF MASSACHUSETTS
SUPREME JUDICIAL COURTSUFFOLK COUNTY, ss. C.A. NO. SJC-
_____________________________________
JOHN SMITH
Plaintiff/Appellant
v.POCAHONTAS SMITH and
Suffolk County Probate & Family Court
Defendants/Appellees
_____________________________________
APPELLANT'S SUPPLEMENTAL BRIEF ON WRIT OF MANDAMUS
FOR VACATION OF ORDER ALLOWING REMOVAL OF CHILDREN TO STATE OF XXXX
AND FOR ORDER TO RETURN OF CHILDREN
TO FATHER'S CUSTODY IN MASSACHUSETTS
________________________________________Now comes Plaintiff/Appellant JOHN SMITH ["SMITH"] and submits his supplemental brief in which he seeks (1) an order vacating the order allowing the removal of the children to the State of XXXX, where they reside with their mother, the defendant wife, and their maternal grandfather, and (2) an order returning them to Massachusetts into SMITH's custody. Both twins disclosed -- on audio tape -- that they witnessed their mother having intercourse with a male. And one of the twins has accused -- on audio tape -- the maternal grandfather of sodomizing him.
SMITH states that he has new evidence, i.e., evidence from Dr. ___________, a forensic linguist who is perhaps the world's foremost authority on children's language development. (See attached curriculum vitae.) Dr. ___________ has analyzed the tape on which the twins made disclosures of sexual abuse. She concluded that the children were not coached or lead by their father, SMITH, in making their disclosures.
The only conclusions possible are that the children were truthful and that they are in danger of continuing sexual abuse if they are allowed to remain in XXXX.
Her detailed report as well as her notations on the transcript of the tape are attached to this Supplemental Brief.
WHEREFORE, Plaintiff requests that this Court declare that the order allowing the removal of the children to the State of XXXX be vacated and that SMITH's children be returned forthwith to Massachusetts into SMITH's custody.
1 August 2001 Barbara C. Johnson, Esq.Respectfully submitted,
DEFENDANT JOHN SMITH,
By his attorney,Barbara C. Johnson
6 Appletree Lane
Andover, MA 01810-4102
978-474-0833
CERTIFICATE OF SERVICE
I, Barbara C. Johnson, counsel for JOHN SMITH, hereby certify that on a 2 August 2001 I served by first-class mail a true and accurate copy of the within pleading on , E.Chouteau Merrill, Esq., _____ ; Clerk of Suffolk County Probate & Family Court, 24 New Chardon Street, P.O. Box 9667, Boston, MA 02108; and Attorney General, Administrative Law Division, One Ashburton Place, Room 2019, Boston, MA 02108.
2 August 2001 Barbara C. Johnson
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Barbara C. Johnson, Attorney at Law
6 Appletree Lane, Andover, Massachusetts 01810-4102 Phone 978-474-0833