Stahlin Denies Children Both Parents
The Luisi children were happy with their
father before Judge Stahlin order them to live
with their mother.
Jacquelyn changed after she was forced to live
with her mother.
'Has Already Destroyed'
Children -- 'Trying to Destroy' Father
Stahlin Helps His Friends to Replace Parents
By Ed Oliver
August 27, 2001
The three Luisi children, Matthew who is
14, Adam,11, and Jacquelyn, 9, were kept waiting for a full
year after the close of their custody trial before Judge
Jeremy A. Stahlin finally found the time to tell them whether
they were going to continue to live in Massachusetts with
their mother, or live here with their father, or move to
Buffalo with their mother.
The judge has now ruled that the mother
is free to take the three children and leave for New York with
sole legal and physical custody.
The decision has left the children, the
father and the rest of the close-knit Luisi family stunned and
unable to understand how the judge could callously ignore the
plight of these three children, who are flunking out of school
and suffer from neglect.
But it is not startling when you realize
that this judge, Jeremy A. Stahlin, is another person with
black robes who has been working exclusively with social
workers ever since graduating from law school. These people
who appear before him every day are his best friends.
According to the family, Stahlin told
them he would rule in the best interests of the children. But
instead, they say, he has issued a politically correct Order
in favor of an unfit mother, which also serves to hide the
failures of DSS.
The judge did not permit the children to
testify at the trial.
“The children will suffer the most,”
the father’s brother-in-law, Steven Guilmet, told MassNews
after he learned of the decision.
“They won’t have their father, their grandparents,
their aunts, uncles and cousins. We’ve done a lot for these
children during this entire ordeal. Without anyone looking
over Carrie’s shoulder in New York, these children are going
to be virtually on their own.”
Mother Unable to Cope
As previously reported in the
Massachusetts News, David and Carrie Luisi separated in late
1994. The mother, who suffered from depression, took the
children with her to live in New York. She returned the
children to their father in the Boston area, however, citing
her inability to raise them properly.
The children were rehabilitated with the
help of the entire Luisi family, and the kids flourished while
living with their father. David was awarded physical custody
of the kids when the couple divorced in 1996. The mother then
moved back to the Boston area with her boyfriend. The father
lost custody of the children to the mother in 1997 solely
because she charged that he slapped his daughter. This meant
that the DSS became immediately involved. It took the children
from the father and gave them to the mother.
The father was forced to wait over a year
before he could have a hearing at DSS to challenge the
mother’s complaint that he had slapped his daughter.
Meanwhile, the mother had possession of all the children
because of her false accusation. After another five months of
waiting, he was finally cleared of the charge. It then took
another nine months for DSS to correct the records.
During that time, Luisi family members
complained to police, state officials and the media that the
children were suffering from neglect and abuse by the mother
and her boyfriend. They were appalled that nobody would take
any action on the complaints. They wouldn’t do anything
because the DSS was in charge.
The family asserted that Carrie’s
boyfriend abused the children, the children suffered from
malnutrition, were unclean and dressed poorly, failing in
school, misbehaving and wandering the streets at night.
Social Worker Schemed
After David was cleared of the false
charge of abuse, he told DSS in 1999 that he was going back to
court to regain custody of the children. He complained to the
social worker about the children’s plight and that DSS
needed to investigate. DSS transcripts themselves suggest that
social worker Geneva Trent then conspired with Carrie and her
free poverty lawyer to find a way to keep the case open and
facilitate Carrie’s move to New York with the children.
The social worker’s efforts culminated
in a June 1999 emergency motion, without the father’s
knowledge, to stop David from even visiting with his children.
The motion was allegedly based on “angry” phone calls from
David to the social worker, although her own phone records
reflect a concerned father trying to get DSS to investigate
the neglect and abuse of his children.
To avoid having to attend “angry man”
classes at EMERGE, which would automatically brand him an
abuser, David did not return to court to seek visitation until
a year later during the trial.
Mother Wanted Trial
The trial was held because Carrie wanted
the divorce decree altered to grant her custody of the kids
and allow her to move with them to New York. The mother’s
free legal team from Hale and Dorr also sought increased child
David was granted visitation again at the
time of the trial and has been enjoying visits regularly with
the children for the last year. The judge also increased his
child support payments at that time.
It seemed like an eternity for the family
while they awaited the judge’s decision on Carrie’s
custody request and permission to move away with the kids.
The family said they expected that the
judge would probably keep things the way they were, that is,
David and his family would continue to see the children
regularly on visits and help them with their problems, while
the mother kept custody so she could continue to get free
services from the state.
The family felt that ample evidence came
out in the trial proving that Carrie was an unfit mother, and
they felt the judge would never let her go to New York with
But, the decision was issued this year in
late July to let her go, and the mother has already made
travel plans for New York.
Judge Stahlin had increased David’s
child support obligation at the end of the trial last year to
$405 dollars per week. In a further blow, when the judge
issued his trial decision last month, he recalculated the
amount David has been paying since 1997 and said he owes an
additional $20,000. David must now pay $450 per week or $1800
per month in child support for the next ten years.
Luisi told Mass News that he will now
have roughly $75 to $100 per week left over for living
expenses under the judge’s new ruling. He said if he
doesn’t laugh at the absurdity of it, he would have to cry.
Four of his recent pay stubs from before the new ruling, show
he has been averaging about $150 dollars per week in take-home
pay after all the deductions.
Judge Stahlin Trying to ‘Destroy David Luisi’
Luisi’s attorney, Dan Henderson, told
MassNews “The judge’s order was extremely destructive and
punitive. The court has already destroyed the Luisi children
and now it is trying to destroy David Luisi.”
Attorney Henderson said that David Luisi
is now over $30,000 in debt for legal fees and related
expenses associated with the case. He said that with the
meager take-home pay the judge allowed him, David would be
effectively prevented from traveling to visit his children in
the Niagara Falls area of New York.
Henderson said that Luisi is a loving
father and hard working man. He said fathers like him are
something this country needs more of, yet judges bow to the
feminists and set out to destroy fathers and families in order
to feed the abuse industry that has sprung up around “family
Henderson said many men face similar
situations and are forced to move in with their parents. They
then become reviled as so-called “deadbeat dads,” because
they are stripped of their family and most of their income and
they therefore lose any incentive to work hard.
Steve Guilmet commented that, “Judge
Stahlin is vindictive and the award of child support arrears
is certainly punitive. After all these years no one has at
least explained what David is being punished for. I do know
that the system has been doing everything in its power to
break this man. They certainly are relentless. Where does a
man go to appeal this persecution?”
The Luisi family noticed that the
judge’s order mirrored the final arguments and
recommendations submitted by the Hale and Dorr poverty lawyers
who represented the mother. They wondered what took so long
for the judge to issue his decision because it appeared he had
rubber-stamped what the poverty lawyers told him.
The judge and poverty lawyers appeared to
rely heavily on a GAL report prepared by Joanna Scannell years
ago. The report was rebutted during the trial and condemned by
Attorney Henderson and the Luisi family as inaccurate, hastily
thrown together, and biased in favor of the mother.
The Luisi family, who consistently beat
down doors over the years to tell people that the children
were neglected by the mother and DSS, were flabbergasted to
read in the judge’s decision that Ms. Luisi “overcame her
depression,” and as a parent was “able to give her
children the safe, consistent care they require. This includes
her sensitivity to their special needs, and her cooperation
with their teachers and other care givers to meet the
Judge Stahlin continued, “Mr. Luisi, in
contrast, since the divorce, put what the court can only
assume were his own emotional and ego needs ahead of those of
his children by failing to visit or seek visitation with them
for a full year. It is in the best interests of the children
to be in the custody of the parent who is not only able to
meet their needs, but who will continue to put the
children’s needs ahead of her own regardless of adversities
that may be encountered as the children grow up.”
An astonished David Luisi told MassNews
it was DSS and the mother who went to a judge without his
knowledge in 1999 and halted his visitation after they
realized he was cleared of the abuse charge and was about to
try to get his kids back. And now, said David, the judge holds
it against him that he didn’t visit the kids during those
months before the trial. He explained that if he sought
supervised visitation, he risked having to attend the EMERGE
program as a condition, and that would have torpedoed his
chances at trial because you are required to “confess”
that you are an abuser in order to complete the program.
Attorney Henderson said he would be
conferring with the family about any possible legal avenues
that remain to be pursued.
Judge Has Not Decided Fate of Luisi Children after
Children Are Destroyed by Massachusetts Courts
Lawyer Damages Children