January 9, 2014—San Diego, CA—Today California Coalition for Families and Children expands their Racketeering lawsuit in federal court to detail San Diego City Attorney Jan Goldsmith’s use of City Attorney’s Office resources to prosecute critics of the divorce industry. The federal complaint details Goldsmith’s and Assistant City Attorney Emily Garson’s prosecutorial misconduct in criminal proceedings against the Coalition and it’s President, Colbern Stuart, jailing him on false charges. “Assistant City Attorney Garson’s behavior is criminal-far beyond what prosecutors are permitted. The City’s own documents show she manufactured evidence and testimony.” Says Coalition President Colbern Stuart. Stuart was arrested while protesting with other parent members of the Coalition at an April, 2010 family law seminar hosted by the San Diego County Bar Association. City Attorney Jan Goldsmith is a former Family Court judge, and his wife, Christine Goldsmith, is a sitting judge and Defendant in the Coalition lawsuit. “Goldsmith’s prosecution of the case reeks of conflict of interest. He staffed the case with a young prosecutor who apparently didn’t understand the depth of the illegal conduct she was being asked to perform. Obstruction of justice by a prosecutor is a serious felony—a clear and egregious violation of law and ethics rules.” says Stuart. “She’s being asked to violate clear laws prohibiting prosecution of free speech to protect ravenous divorce lawyers. It’s disgraceful for Goldsmith to lure his young lawyers into this depth of trouble.”
“At the very least, it shows extremely poor judgment, but more accurately widespread disregard for the law among those sworn to uphold it in the City Attorney’s Office. God save us when this egregious misconduct becomes tolerable behavior.” says Stuart. From the Amended Complaint:
GROCH’S Order and GARSON’S numerous acts of punishment and prosecution of protected speech commentary against the City Attorney, and GARSON’S perjury and subornation of perjury constitute deprivations of STUART’S rights secured under the First, Fourth, Fifth, Eighth, and Fourteenth Amendments to the United States Constitution and related provisions of the Constitution of the State of California. Whether shielded from civil accountability or otherwise, the felonies represent a deplorable pattern of contempt of law. They are also RICO predicate crimes under 18 U.S.C. § 1961(1)(A) and (B), as detailed below. GARSON lacked probable cause to initiate the People v. Stuart matter. Her sworn declarations as a complaining witness in doing so are crimes—felonies under federal law—several and severe. STUART has endured years in persecution as a result of such outrageous behavior. He re-appears today to redress those acts for himself and, he prays, thousands of others who have suffered similar and even more outrageous insults, violations, deprivations, and injuries under the indecency of those who today occupy offices of honor, yet who regularly debase those offices while driven by motives no one, perhaps not even they themselves, could honor. That failure, combined with [The Commission on Judicial Performance’s] impotence to swiftly punish the same in deterrence, makes the act of entrusting a complaint to BATTSON and SIMI at outrageous risk of constitutional injury by county judicial officers behaving as a steerage-fare gallery of feckless petit-tyran, perversely immunized under the honor of patriots to indulge frolic, whimsy, and caprice. What shame a profession of reason today endures. Under BATTSON and SIMI’S habituated tolerance for judicial misconduct, disregard of ethical canons and constitutional restrictions on abuse of authority, the mere act of identifying a litigant in an investigation subjects her to jeopardy by officer complained of or the officer’s colleagues acting in lockstep sympathy.
Goldsmith, Garson, Nesthus, and Groch’s response to the amended pleading is due later this month. The Amended Complaint also alleges Racketeering counts for honest services fraud, false arrest, and policies by judges, bureaucrats, and administrators causing constitutional injury to parents throughout California. “Parents can learn a lot about what happened to them in family court by reviewing the complaint–it’s a pattern that we’ve observed in many situations.” Says Stuart. “If you think it happened to you, California Coalition wants to hear from you.”