Marin Independant Journal
Probe targets grand juror
May 9th, 2000 By Guy Ashley
The Marin district
attorney's office is investigating whether a former county grand juror breached
an oath of conduct by hiring an investigator who was deeply critical of
decisions made by Marin's family law judges. District Attorney Paula Kamena
confirmed yesterday that her office is investigating the actions of Martin
Silverman of San Rafael, one of a group of citizens who commissioned a report
by New York investigator Karen Winner that blasted decisions by Marin's two
longtime family law jurists, Judge Michael Dufficy and Commissioner Sylvia
Shapiro. Kamena would not comment on the nature of the probe, but Silverman
said an investigator from the district attorney's office told him the inquiry
is focusing on whether he breached the vow he took to keep his activities as a
grand juror confidential. News of the investigation provides an intriguing new
angle on the uproar created by Winner's report, and a recent recall effort
launched against Dufficy and two other Marin judges. To some, it also smacks of
the kind of cronyism within the local justice system that Winner said was at
play in several controversial family law decisions. Silverman said he is
troubled by the probe but is confident he stayed true to the vows he took as a
grand juror. "I'm annoyed that I've had to retain an attorney and spend a
few hundred dollars,'' he said. "But I'm confident I divulged nothing of a
confidential nature.'' With all the assertions of wrongdoing by judges in her
inch-thick report, Winner said yesterday she is alarmed local authorities found
the one thing needing investigation is Silverman's activities as a former grand
juror. The investigation reflects "possible allegiances between the judges
and people in the DA's office,'' Winner said. "It's very odd to me that
they're trying to kill the messenger by focusing attention on a concerned
citizen who served his county well.'' District Attorney Kamena said nothing is
underhanded about the probe by her office. The investigation, she said, was
launched after a person she would not name raised questions about Silverman's
actions and formally requested an inquiry. "The referral has nothing to do
with the judges,'' she said. "When someone makes a referral to our office,
it's our duty to take it seriously and investigate." "To not do so
would be inappropriate.'' None of the allegations made in Winner's report have
been referred to the district attorney's office, Kamea said. In addition, she
said she has read much of the report and has not found any criminal violations
warranting review by her office. Silverman served on the county's civil grand
jury in 1997, and has acknowledged receiving complaints about family law
decisions during his time on the panel. At a press conference in February
announcing Winner's report, Silverman said the grand jury - which is charged
with reviewing the operation of local government and conduct of public
officials - made inquiries about family court matters in Marin but was informed
it had no jurisdiction over the conduct of local judges because they are state,
not county, employees. Silverman said he continued to hear complaints about
family law decisions after his year long service on the grand jury ended. The
criticism continued to the point where he felt hiring an outside investigator was
warranted. Silverman and a half dozen other citizens said they paid $12,000 for
Winner to produce her report. The report said rulings by judges Dufficy and
Shapiro were consistently contrary to the evidence and favored clients of a
select group of attorneys frequently seen in the family courts. It also set off
a second wave of criticism that resulted in a petition drive to recall Dufficy
and two other judges, Lynn Duryee and Terrence Boren, at the polls. Before
serving on the grand jury, Silverman took an oath to "not disclose any
evidence brought before the grand jury, nor anything which I or any other grand
juror may have voted on.'' Winner said Silverman did not violate his oath.
"I interviewed him and I couldn't get anything out of him,'' she said.
"He refused to talk about anything involving the grand jury. I was an
unhappy reporter.'' Asked why he thinks he's being investigated, Silverman
said: "Either they really believe I revealed privileged information or
they're trying to intimidate me. "My conscience is clear.''
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Cindy Ross has sent you the following comments and
article from Marin Independent Journal / Comments: For your immediate
attention.
This story is quite
alarming as it suggests that the DA's office is in on the misconduct in the
Marin Courts by the judges, attorneys and court appointees. It is untrue that
the DA has not been contacted regarding cases in Karen Winner's report. I
personally have written to the DA and have made several phone calls in which I
asked them to investigate the illegal manner in which court appointed attorney
Mary Halbert diverted my child support money to herself and to court appointed
psychologist, Nancy Olesen. The DA's improper involvement with family law
matters may also explain why the DA has taken no action to assist myself or my
mother when numerous threats have been made to us and the restraining order
that Dufficy issued was invalidated through forgery. I would be happy to
provide further information. Please contact me via e-mail or fax, 415-459-5742.
Thank you. Cindy Ross I also will be at the Karen Winner's press conference at
the State Capitol at 10 am in Sacramento on Monday, May 15 and will personally
be participating in a hunger strike until we are heard by the Governor. PRESS
RELEASE Have The Foxes Invaded The Hen House? New York investigative reporter
and author Karen Winner will unveil her explosive findings on the Sacramento Family
Law court at a press conference the day after Mother’s Day: Monday, May 15 at
10:00 a.m. at the State Capitol Room 2040. · The Winner report on Santa Clara
County family law court led to 2 years of picketing at the courthouse, the
problematic Judge James Stewart stepping down from the bench, and massive
reforms in family law court. · The Winner report on Marin County resulted in a
recall movement filed by angry citizens, immediately followed by the
problematic Judge Dufficy stepping down from his post as presiding judge and
from the family law court.. At the press conference a panel will discuss · The
newly-formed California Family Law Task Force, chaired by the president of CA
NOW Helen Grieco, which is intent on making legislative changes to protect children
and protective parents in family law court. · The Federal civil rights law
suit, recently filed by Patricia Barry on behalf of several children in Los
Angeles, San Bernardino and Amador Counties, which alleges collusion among
officials who endanger children by taking them from safe parents and placing
them with abusive, violent and/or molesting parents in custody disputes.
Citizens are in an up-roar about the scandalous misconduct of tax-payer-paid
officials throughout the state who are paid to protect children in family law
matters, and who instead place them in the custody of their identified abusers.
This situation has reached a break point, and has been identified in over 1/3
of California counties. ***********************************************************
A hunger strike and speak-out by protective parents will begin at 1:00 pm after
the press conference on the North steps of the Capitol (L Street steps). We
wish to see the Governor and have a Statewide Crimes Against Children Grand
Jury Please call 1-800-441-7886. Your call will be forwarded to Mothers of Lost
Children.
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Peter
Romanowsky Citizens Judiciary Review Board 300 Napa St. # 40 Sausalito, CA.
94965 Tel (415) 451-8663 How little does Kamena know what is going to happen
next in this saga of non-violent political change. She is looking for a scape
goat, she is going after or investigating the wrong person. She should be
investigating the Marin Judges who have been double dipping and pocketing
parents and children's money in court rooms. While leaving both homeless after
unfair settlements, based on rent paying clients before them in court, without
telling the other party. The proof is in the pudding, can we ask for more
evidence of corruption and cronyism. The writing is on the wall, they have been
weighed, and found wanting. This is The Lord's Work, and not the work of any
one man, "Vengeance is Mine Saith the Lord", who the opposition have
forgotten in the equation.