By Ed Oliver
August 1, 2000

The family of Ken Newell was severely battered by the Massachusetts’ court system again yesterday, this time at the Quincy District Court. 

Assistant District Attorney Roberta Kerty suddenly developed a sore back and asked Judge Mark Coven for a continuance in the case which would have cleared the father. Newell was forced once again to wait around all morning, lawyers and witness in tow.

“This judge and district attorney obviously believe that most men are violent creatures. Anyone with any sense of fairness would not continue this travesty against their worst enemy,” said Atty. J. Edward Pawlick, Publisher of Massachusetts News, who watched the session.

“I’ve been a lawyer for 40 years and I’ve never seen anything quite like it. They obviously have an agenda,” he continued. 

The unexpected appearance of the legendary attorney Chester Darling and Elton Watkins III to assist Atty. Michael Furey apparently intimidated the District Attorney who requested permission to leave the courtroom and go home. 

She and Newell’s ex-wife had been observed peeking out the window of a “safe room” at this reporter from Massachusetts News, who was in the hallway with notebook and camera in hand, anxious to hear the ex-wife on the stand. The last time the ex-wife was in court, she told the judge she considers the presence of a reporter in the courtroom to be “intimidation.” 

After being escorted to the parking lot shortly afterward by the court’s “victim assistant,” Newell’s ex-wife, who is allegedly too poor to afford a lawyer, zoomed away in her new Camaro waving triumphantly to this reporter. 

This was the same judge who refused to grant a continuance for Newell last month in another of the twenty-six false cases filed against him after a key witness didn’t show up. Newell was forced  by the judge to plead to an Admission of Facts for which he received probation. Atty. Darling has filed a “Motion to Revise and Revoke,” which will allow him to request the court to revoke the plea at a later date. 

This was the seventh time that Newell has been forced to go to court with his attorney and his witnesses on this particular charge, to wait and wait  and then hear that the wife and the court have decided they will continue the case until a later date. But the battling man never knows when the judge will suddenly decide he is actually going to hear one of the 26 cases. One policeman who is a witness to Newell’s whereabouts at the time of this alleged incident was in court yesterday at 8:30 a.m. for the seventh time as a witness on Newell’s behalf. He will return for the eighth time in September to learn whether or not Attorney Kerty’s back has improved. 

Newell can only hope that the policeman will return again and not become discouraged like many of his other witnesses.

“It is obvious that they are trying to tire this man out and to put him into bankruptcy with lawyers’ fees and lost wages,” said Pawlick. “I have always believed until now that judges and district attorneys are supposed to seek justice, not push their personal agenda against one group of our society. This is an entirely new experience for me.”

Phony Charges

Newell went to court yesterday to face four charges out of the twenty-six lodged against him by his ex-wife, whose career of calling the police and having him arrested on false charges has been chronicled in past issues of Massachusetts News. (Go to “Archive Search” and type the word “Newell.”)

One of the charges that was supposed to be heard yesterday occurred in November 1998 after Newell had papers served on his wife from Probate Court. She called the police a couple hours later and complained that he threatened to kill her right after she was served by the constable. He was arrested solely on her word. 

The other three charges against him which were slated to be heard yesterday occurred a few months later. In the first case, the wife told Holbrook police in a written statement that she called 911 from her car (“on a cellular phone given to me by DSS”) and accused Newell of following her in his Ford Bronco. Newell however was home with his family all day celebrating his mother’s birthday. Braintree police officer Robert Devin is a witness to Newell’s whereabouts on that occasion and was in court yesterday for the seventh time as a witness on his behalf.

Newell was accused in another charge of flashing a light in her window from his vehicle and following her earlier in the day. Newell was with five other people at his sister’s house having supper when that violation allegedly occurred. Another charge alleged that at a specific time, Newell had called and threatened her. Newell, however, was sitting at a desk at a bank discussing maintenance work the bank wanted him to perform for them. He obtained a statement from the bank employee and has her available as a witness. 

The trial was postponed until September 11th.

Judge Coven Was A Poverty Lawyer

Judge Coven was a poverty lawyer for his entire career before he became a judge, working much of that time as  a Senior Attorney at Greater Boston Legal Services, which is the same organization which is now destroying the Newell family and seeks to remove the two children’s father. These poverty lawyers are representing the wife for nothing even though she clearly has too high an income to be eligible for free legal help.

Wife Has Psychological Problems

Even though the Probate Court’s own testing showed that the wife has serious psychological problems for which she receives monthly payments from Social Security, Judge Coven last month ordered the father to undergo a psychiatric evaluation.

The tests from the court say the wife is “experiencing numerous psychological problems.” The report  states: “Ms. Newell’s significant elevations on scale 4 and 6 (Psychopathic Deviate and Paranoia) suggest an individual who is often viewed as immature, self-centered and self-indulgent. They typically make excessive and unrealistic demands on relationships. Individuals with this pattern often seek attention and sympathy from others. They may tend to be suspicious of others and resentful of demands made on them.

“Relationship problems are characteristic of their psychological conflicts, especially those involving members of the opposite sex. They are often viewed as irritable, sullen, argumentative, and resentful of authority.” 

It says further tests were needed to rule out organic impairment. Other possibilities were substance abuse (for which she tested positive, it says) or more serious emotional disturbance. The test called for a re-evaluation of her current treatment regimen based on the severity of her level of depression and stress.

The test results say clinical elevations were also noted on scales 1, 2 and 3 (Hypochondriasis, Depression, and Hysteria) and mild elevations on scales 7 and 8 (Psychastenia and Schizophrenia). 

In contrast, Newell’s test results revealed mild depression due to his family and legal circumstances but said he was coping fairly well with stress. It said further there was “no evidence of a disturbance in his thought processes.” The report concluded that Newell “might benefit at this time of great upheaval in his life” from therapy.

Why Does Wife Always Get Free Legal Help?

Newell’s ex-wife does not have to pay her free lawyer although she always drives to the courthouses in her flashy sports car. She receives $13,200 in tax-free, money from Social Security because she is “disabled” due to drugs and other problems, and she also receives $10,400 tax-free from Newell in support. This places her above the income that is required for a person with two dependents to be eligible for free legal aid. Nevertheless, Greater Boston Legal Services (where Judge Coven was a Senior Attorney before becoming a judge) is seeking to triple its budget from the taxpayers because it says it doesn’t have enough staff. The unfair advantage that Newell’s ex-wife wields over the cash-strapped father is enormous.

Nineteen groups that help battered women are recommended to Massachusetts lawyers who wish to help the poor in the field of family law. There are no listings of any group that helps men.