House of Horrors, Smoke and Mirrors
I was a falsely accused defendant subject to TPO’s (temporary protection orders) approved by Judge Justin Fay. He scheduled a hearing to see if I really did have horns and a tail, and whether to make protection orders permanent. The surreal hearing of 25 August 2023 subjected me to more of the same from my accusers; vacuous, unfounded, toxic, insulting lies. Their pugnacious attorney did her best to turn Mitchell Mange and Patrice Pavis’ web of deceit into gold. When evidence is unsound and/or lacking, that’s what they do; put on a show to try to fool the court and compromise their opponent – call it lawyer alchemy (or dark magic) – using the ‘Three B’s;’ bluff, bluster and bullshit. They had nothing really so the TPO’s were rightfully dismissed (albeit begrudgingly by an unconvinced judge) at great cost to me. With this exposé, those who deployed misrepresentations may deservedly become ensnared by their own web, and a hoodwinked, callous judge rightfully revealed.
A hearing was held and witnesses sworn-in. Notwithstanding their lengthy, embellished narrative, once in court, fantastical allegations my accuser’s pretended to get TPO’s (temporary protection orders) issued evaporated; there was nothing there; no tangible evidence to indicate I had been aggressive or threatening or obsessed or stalking or killing birds; it had been a farce from the beginning. Court was a circus. Overall, Judge Fay was little help; unable to grasp one accuser delusional, the other contributing to the deception and obliged to support his emotional sweating-stick-of-dynamite wife. As part of his disappointing lack of service, Judge Fay did not ask questions as judges will do; either content to just to coast through time-wasting baloney from my accusers with his mind already made-up or maybe distracted by other attentions. Getting back to judges, when faced with an endless numbing parade of human drama in their court they probably tune-out and pay more attention to the clock than anything; just push cases through; next.
I had hoped any reasonably intelligent person would see the narrative of Mange and Pavis for what it was – loopy, fanciful, childish. Court pointedly questioned honesty of my account, but never theirs – so by inference strangely found their word more reliable; something hard to comprehend. Perhaps the judge was too easily swayed by their fabrications. If so, his fitness should be questioned. Clearly, judges are not immune to investigational bias. Multiple scholarly studies show that judges (and law enforcement) are often less able to accurately divine the truth specifically because they come to believe their abilities superior; they fool themselves. Given this experience – suffering through dud Judge Justin P. Fay’s miserable excuse for a court – I’d almost rather have a judge with little to no legal knowledge but who possesses reliable problem-solving and reasoning skills, not to mention emotional intelligence and empathy.
A revealing advisory about the legal process here: To appeal a case, one has to file within 14 days and post bond equal to damages sought – guaranteeing that appeal of a judge’s decision is financially out-of-reach for most everyone. Call it the entrenched, untouchable ‘injustice’ system. Additionally, judges enjoy absolute immunity from civil lawsuits in most all cases even if they act maliciously or corruptly. What a care-free playground for an inept fool judge. But immunity does not apply to public disgrace – which is another reason why I have created this web site. People need to know what they are getting into when they entrust attorneys, judges and the legal system.
Here is more enlightening information; if a person gives damaging testimony in court about someone else, they are protected from civil liability for defamation. That’s because the process is constructed to encourage people to testify openly and honestly. The oath is supposed to lend trustworthiness to witness statements; they are presumed to be truthful (how naive is that?). As we know, far too often the oath becomes nothing more than a ‘liar’s pledge.’ It is up to a judge or jury to decide who to believe, and oh how they can get it wrong. Testimony itself is not considered defamatory in any case no matter how hostile it may be. Practically speaking, libel and slander (i.e.: defamation) are allowed in court; people can (and do) say anything.
In bringing-forth vacuous, unsubstantiated declarations to manipulate and harm, my accusers were disrespectful to the truth, me and court but no worries when the judge was barely there. What an unbelievable shit show. A biased judge arguably possessed by inane invention, and being subjected to accusers who in all their effort failed overwhelmingly to prove anything of substance – an episode resulting in nearly $5,000 of ostensibly nonreimbursable attorney fees – an unjustifiable cost of living here in Archuleta County. That’s not justice; that’s a crime. My government did not protect me from lunatic abuse, it encouraged it. Consider that a dereliction of duty or worse; a misuse of authority. The courts are undeniably complicit in this maltreatment. How sickening to realize government at first enabled my accusers then dismissed their actions yet refused to make me whole for the cost to defend from what amounted to government-sanctioned abusive harassment. It is just shameful.
Backward court tradition of denying attorney fees must be scrutinized as failure to perform fairly and justly. When petitions for TPO’s (temporary protection orders) are found to be false and laden with fiction, the system has an obligation to correct just as with any injustice, and moreso because of responsibility for putting it into motion to begin with. That correction must include award of attorney fees when innocent people have been forced to defend from frivolous allegations made potent by action of the court. We all know about punishment exacted by judges for contempt of court but what should happen when courts have contempt for us? If government seeks civil revolt, then keep denying people justice and see what happens. The ballot box is a powerful weapon.
Archuleta County Hall of Shame
As you continue to absorb site content, you will learn that my concerns and case were not handled with care. Further, that when I confronted the judge and others about their performance, the result was deafening silence. Discovery: public servants we entrust to protect and serve may not be all that capable.
Archuleta County employs some people who just would not survive in a more demanding and exacting work environment. Cases-in-point: Judge Fay, Deputy Ball, and other rogues I contacted. Based on my experience and anecdotes from others, I suggest that the county run with this slogan: ‘Come work for Archuleta County – we’ll take anyone.’
Given that my Voluntary Statement, subsequent interview as well as e-mails to Deputy Sheriff Jermal Ball specifically identified concern for neighbors who invaded my privacy, for Deputy Ball to then show-up at their residence only to tell them that he did not know why he was even there is simply astounding. How, how does one not prepare? Most frightening is that people like this guy wear a badge and are allowed to carry a firearm. Heaven help us. In my opinion, that he did not respond to my e-mail suggests lack of will to admit where he failed, and inability to act with transparency and empathy; probably afraid of being found-out. Looks like he bounced from other departments – Albuquerque, New Mexico and San Diego, California – before he landed here; who knows what that history was. Seems too like his boss is part of a bigger problem along with other officials I contacted about this travesty; their wall of smoke and silence.
In the case of Judge Fay, in my opinion he hasn’t the backbone to acknowledge or admit his errors; revealing a total lack of responsibility and empathy. Another possibility is that he still thinks he’s right – a scary thought indeed. He’s a public official working at our behest but apparently not interested in taking time and energy to invest in goodwill; his silence is a telling hallmark of arrogance. In my estimation, he’s a judge who serves himself before serving justice or the people; too comfortably encamped in a sometimes far from perfect legal system. For a man who ironically labeled me egotistical, his conduct seems to suggest it is he who is just that; living a false, untouchable superiority because of his weekday attire; judicial robes. But clothes definitely do not make this man. Further, for one who lashed-out and called another condescending as Judge Fay did of me, his words and attitude suggest an impaired person intimidated by intelligence; evidence of his own innate shortcomings. From teachings of the Buddha: “To be foolish and to recognize that one is a fool, is better than to be foolish and imagine that one is wise.”