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.

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