{"id":187,"date":"2018-06-18T17:24:09","date_gmt":"2018-06-18T17:24:09","guid":{"rendered":"http:\/\/mariannaklebanov.com\/blog\/?p=187"},"modified":"2018-06-18T17:24:09","modified_gmt":"2018-06-18T17:24:09","slug":"judges-repeatedly-place-children-with-known-abusers-in-the-face-of-strong-evidence-in-this-case-leading-to-extreme-and-preventable-tragedy","status":"publish","type":"post","link":"http:\/\/mariannaklebanov.com\/blog\/2018\/06\/18\/judges-repeatedly-place-children-with-known-abusers-in-the-face-of-strong-evidence-in-this-case-leading-to-extreme-and-preventable-tragedy\/","title":{"rendered":"Judges repeatedly place children with known abusers in the face of strong evidence &#8211; in this case leading to extreme and preventable tragedy"},"content":{"rendered":"<p>February 4, 2010<\/p>\n<p>In a very sad saga, a woman named Katie Marie Tagle dated a man named Stephen Garcia and had a baby with him. Katie Marie has said that he abused her throughout their entire relationship.<\/p>\n<p>She broke up with him, became involved with another man, and had to go to\u00a0family court over custody and visitation of their infant son, Wyatt.<\/p>\n<p>Stephen, enraged over Katie leaving him, began making multiple threats to take Katie\u2019s life and the baby\u2019s life and continued to be violent toward Katie, at one point proposing to her and then\u00a0physically knocking her down during a child\u00a0exchange.<\/p>\n<p>Upon receiving these threats, Katie went to court to seek restraining orders,\u00a0each of which the judges denied indicating that they believed Katie was lying to gain advantage in\u00a0the pending custody proceedings.<\/p>\n<p>The day after the\u00a0third courtroom denial, Stephen sent\u00a0Katie\u00a0an e-mail\u00a0containing a story called \u201cNecessary Evil.\u201d<\/p>\n<p>The story describes in detail Katie\u2019s and Stephen\u2019s relationship, and in the end, the story has two endings. In \u201cHappy Ending,\u201d the female character returns to the man. In \u201cTragic Ending,\u201d the character takes his son to a lake, puts him to sleep with Benadryl and the baby dies. \u201cHe will have a better life with you then (sic) we can give him here,\u201d the man tells God before taking his own life.<\/p>\n<p>Katie\u00a0called 9-1-1 after reading the story, and the responding deputy immediately went to the courthouse and obtained an emergency restraining order for her.<\/p>\n<p>However, in Victorville court Jan. 14, Judge Robert Lemkau would not uphold the restraining order and ordered\u00a0Katie to immediately give Wyatt to Stephen, as it was the day his scheduled visitation was to begin.<\/p>\n<p>The judge made it clear that he believed Katie was lying to gain an unfair advantage in custody proceedings. Then,\u00a0instead of\u00a0ensuring\u00a0the child\u2019s safety\u00a0in the event\u00a0the mother\u00a0might be right,\u00a0the judge decided\u00a0to err on the side of endangering the child by ordering that the baby immediately be handed over unsupervised to\u00a0the man who repeatedly threatened to take the child\u2019s and the mother\u2019s lives in writing.<\/p>\n<p>Here is the incredible transcript to that hearing.<\/p>\n<p><a href=\"http:\/\/photos.vvdailypress.com\/files\/multimedia\/soundslides\/Court.pdf\">http:\/\/photos.vvdailypress.com\/files\/multimedia\/soundslides\/Court.pdf<\/a><\/p>\n<p>This is nothing unusual. This goes on in courts all the time. In the presence of\u00a0a custody dispute, judges routinely believe that anyone claiming abuse is doing so to gain unfair advantage in cutody proceedings, and routinely order the child then placed with the abuser, regularly going so far as to completely deny custody or visitation to the reporting parent.<\/p>\n<p>What is unusual in this case is that within\u00a010 days\u00a0of that hearing, Stephen took Wyatt up into the mountains and killed the baby and himself, just as he had repeatedly warned.<\/p>\n<p>Here is a detailed version of this story:<\/p>\n<p><a href=\"http:\/\/www.mountain-news.com\/articles\/2010\/02\/04\/news\/news1.txt\" target=\"_blank\" rel=\"noopener\">http:\/\/www.mountain-news.com\/articles\/2010\/02\/04\/news\/news1.txt<\/a><\/p>\n<p><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/i1.wp.com\/a.abcnews.com\/images\/Technology\/ap_Stephen_Garcia_100203_mn.jpg\" alt=\"Murder-Suicide Note by CA Man Was Posted on Net\" width=\"320\" height=\"240\" border=\"0\" \/><\/p>\n","protected":false},"excerpt":{"rendered":"<p>February 4, 2010 In a very sad saga, a woman named Katie Marie Tagle dated a man named Stephen Garcia and had a baby with him. Katie Marie has said that he abused her throughout their entire relationship. She broke up with him, became involved with another man, and had to go to\u00a0family court over [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-187","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/mariannaklebanov.com\/blog\/wp-json\/wp\/v2\/posts\/187","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/mariannaklebanov.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/mariannaklebanov.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/mariannaklebanov.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/mariannaklebanov.com\/blog\/wp-json\/wp\/v2\/comments?post=187"}],"version-history":[{"count":1,"href":"http:\/\/mariannaklebanov.com\/blog\/wp-json\/wp\/v2\/posts\/187\/revisions"}],"predecessor-version":[{"id":188,"href":"http:\/\/mariannaklebanov.com\/blog\/wp-json\/wp\/v2\/posts\/187\/revisions\/188"}],"wp:attachment":[{"href":"http:\/\/mariannaklebanov.com\/blog\/wp-json\/wp\/v2\/media?parent=187"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/mariannaklebanov.com\/blog\/wp-json\/wp\/v2\/categories?post=187"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/mariannaklebanov.com\/blog\/wp-json\/wp\/v2\/tags?post=187"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}