We The People

We hope that soon we can take up other issues that require the attention of Windowpain Clarity but unfortunately until this Judge Livingstone matter is “disposed of” it is probably the single most pressing issue of grave importance to the residents of the entire South Shore of Massachusetts. We have just come across another very recent tale of injustice, prejudice, bias and clear malfeasance on the part of the Judge that it must be publicly shared. We know this person personally so can provide you with very direct information. This is quite an extreme example of the human side of what Judge Livingstone damages and the devil is again in the details. Perhaps it will spur on action.

There is a gentleman in his late fifties with a 30 year record of being the CEO of several children’s charities, mostly providing services to abused children and to families with a high level college degree and an extensive record as an elected and appointed municipal official in two towns on the South Shore who has been battling a nasty divorce proceeding with his ex-wife for several years with Judge Michael Livingstone presiding .

From the beginning it has been clear that this judge has decided that somehow this fellow is a deadbeat Dad and even though Dad has never missed child support which he always pays at over what the formula requires and that he has paid more than his share to put now 2 children through university and keep one in a very expensive private school while battling congestive heart failure and other heart problems, various surgeries and has been fully invested in a startup to provide services for the disabled elderly and veterans, this Judge has continued to find against him. Even though this man has paid for his children to purchase cars, go to Europe and Argentina while he struggles to just keep his health and build his business, using mortgages and credit cards as do many startups, this judge treats him with extreme bias and prejudice. Relevant to this story is the fact that this gentleman was just out of the hospital for heart treatments due to a heart attack for five days before what is to follow.

In the third week of January 2008, now last week, Michael Livingstone sentenced this man to 90 days in a maximum security prison, the Plymouth County Correctional Facility. This man’s ex-wife who now with her new husband earns almost $400,000 a year as well as some unknown payout for him from his former vice-president’s position at Kingston Technology was determined to do as much harm to her former husband as she could and her lawyer and the judge were more than willing to cooperate during this hearing which was held to finalize some relatively small financial disagreements.

In the hearing itself Jude Livingstone heard the wife’s/plainfiff’s lawyer’s argument and then before hearing the man’s case that these educational costs were already paid had his clerk call down to the holding facility and prepare for the man to be incarcerated also positioning the courtroom bailiff behind the man again making it clear that this judge had made his decision before even hearing the father’s case or looking at his numbers.

We are told by the staff at both Brockton Court and the Plymouth Court that this is very common behavior for Judge Livingston. They for obvious reasons do not want to go on the record but indicated to us that they intensely dislike this judge and are fully aware of how he operates. They are aware of the charges against this judge and they indicated great relief knowing he would be gone as he damages their own integrity and clearly puts people in jail who never should be there.

There are too many issues in this situation to go into great detail beyond clear malfeasance in not considering both case arguments and then making a decision. Why is ninety days in a maximum security prison an appropriate sentence for a financial disagreement that was never discussed in a so-called “four way meeting?” This was a man that clearly loved his children and worked hard to support them and had just had a heart attack, he could have been being sentenced to death given the stress he experienced.

For now let us just finish with the subject line, “We The People,” this judge is answerable to no one and must be held to the letter of the law, not unfairly as he treats people in his courtroom but fairly and with transparency and due process. The transparency, windowpain clarity, is up to us, the due process must take place.

~ by franklicense on January 19, 2008.