Colorado 4th Judicial District (4th JD) -
Magistrate William Trujillo
During FY 2008 the 4th JD (Colorado
Springs, El Paso and Teller counties) had literally three times (3x)
the number of domestic abuse protection orders (POs) as comparable
Colorado judicial districts, i.e., 1st JD 596 POs (population
~535,000, 4th JD 2,410 POs (population ~610,000), 18th JD 817
POs (population ~846,000) according to the state court administrator.
The numbers alone are prima facie evidence of gross abuse of
process in the 4th JD..
So the first question is where do all
these orders come from? When I look at the El Paso County court
I am directed to T*E*S*S*A
in order to obtain a
restraining (protection) order. This is insane and they are publicly
funded to the tune of $2 million a year to simply destroy thousands of
lives and military personnel.
At present many, if not most domestic
violence (DV) initial hearings (Fast Track) and temporary protection
orders (TPOs) are heard by Magistrate William Trujillo. If he has ever
turned down or dismissed one of the thousands of TPOs and DV cases
brought before him it has escaped our notice. Defendants are guilty
unless, and until they can prove their innocence.
A day in court - March 4,
The Equal Justice Foundation works
closely with military personnel and civilians on the five bases
surrounding Colorado Springs and continually works with domestic
violence and abuse allegations. A couple of cases of note recently
were brought before Magistrate Trujillo. On March 4, 2009, a female
soldier suffering from PTSD was brought before Trujillo for a hearing
on a permanent protection order. Note that in Colorado
"permanent" means the rest of your life and you can't even
ask for a modification for four years.
The soldier had been watching a
couple's children for them. Both the parents are soldiers as well and
the husband was in Iraq when the incident occurred. Apparently one of
the children was acting up and the soldier/defendant restrained the
child. The soldier testified she has no memory of what she did, and
dissociative events are common with PTSD. Whatever she did scared the
child but did not injure her. The soldier honestly reported the
incident to all involved at the time. However, when the father got
home from Iraq some months later he insisted his wife file a
protection order against the soldier (men can't get protection orders
against women in the 4th JD).
The matter came on for hearing
initially in the courtroom of Magistrate Robin Chittum, who attempted
to resolve the issue. The soldier will be discharged from the Army in
30 days and she is then moving back to New York. She is under
treatment for her PTSD with the Fort Carson Warrior in Transition Unit
(WTU). Magistrate Chittum, who is as day is to night compared to
Trujillo, suggested that the temporary order simply be extended for 45
days until the soldier had been discharged and had moved out of the
state. That wasn't sufficient for the obviously vindictive mother and
father. So the matter was moved to Magistrate Trujillo's court for a
Under oath he soldier testified
honestly about the incident. But Trujillo would not allow her to call
a witness in her defense and presumably he is unfamiliar with the
Sixth Amendment. He did not consider any alternatives and simply made
the protection order permanent for the rest of her life!
One more soldier's life
ruined! But the EJF seems to be the only one counting.
Child "protective" services (CPS) -
The soldier's case wasn't the only
one to be heard on March 4th. The EJF has a member whose wife is, to
put it politely, emotionally disturbed. She has reportedly attempted
suicide on at least one occasion and threatened it on several
I've known the husband for more than a
year but only met the wife last July after she had been arrested for
domestic violence against her husband. As with many lunachics she
calls 911 often and the El Paso County sheriff's department is well
acquainted with her.
As it is a goal of the EJF to keep
families together whenever possible I asked the two of them if they
wanted to stay together. At the time they said they did and I advised
them on steps they should take to get the charges against her
dismissed, which they did. I also recommended the wife seek
But then the wife began calling
the EJF with irrational statements about getting a divorce, filing a
protection order, going to TESSA (a local shelter group), needing
money, etc. These calls continued for some time until I spoke to
her husband and he persuaded her to stop calling. I was also very
concerned about her threats to get a protection order as the husband
contracts with the Army and carries a top secret code word security
clearance. The EJF has long noted that DV laws are being used as a modern variant on "honey
for men holding high-level security clearances.
As the mental problems of the wife
became clearer, her husband also revealed that there is credible
evidence that she is sexually abusing her 6-year-old son and
physically abusing her 8- and 9-year-old daughters, including
dislocating the arm of one of the daughter's. Witnesses to the abuse
include the father, grandparents, and a day-care worker.
As a mandatory reporter I was
obligated to report this child abuse and contacted a supervisor we
work with at El Paso County DHS/CPS. She passed it down to a case
worker, who apparently quit soon thereafter. Another case worker was
assigned, then another, then another, then ..., a story familiar to
most of you who have had to deal with CPS agencies. These case workers
also had a habit of violating confidentiality and reporting back to
the wife any details they learned about the husband and also called to
warn her anytime the children were to be interviewed. One case worker
even went so far as to tell the father he wasn't doing enough to
protect his children and claim he was the one guilty of domestic
violence against his wife, a redfem tactic many of you have seen in
your own cases.
The child abuse case was eventually
assigned to Safe Passage
a local agency that is supposed to provide help for victims of child
abuse, to investigate. It will come as little surprise to most of our
readers that Safe Passage investigators could find no evidence of the
mother abusing her children despite four adult witnesses.
In frustration, I wrote the
district attorney, the sheriff, and the county commissioners about
this travesty after the father was turned down for a protection order
on December 4, 2008, which the DHS/CPS case worker promptly notified
the wife about. My escalation prompted a condescending letter from the
law enforcement bureau chief of the El Paso County Sheriff's Office
and another from the county commissioner of the district where the
couple live explaining how DHS/CPS doesn't work:
From: "Amy Lathen"
Cc: "Dr. Charles E. Corry"
The director of the
Department of Human Services is a direct report employee to the Board
of County Commissioners. This means we, as a Board, hire this
individual and he/she is employed on a contractual basis. To
that end, I view us as having very direct oversight over
That being said, the
complicated funding structure and quantity and complexity of mandates
requires an experienced director and we do not insert ourselves in
specific cases because of our lack of ability to lend an educated eye
to such specific situations (and frankly, just no jurisdiction
there). Therefore, our oversight really does include the policy,
administrative and fiscal areas and I do believe that we have the
authority to compel the disclosure of policies, procedures, etc, as
you describe. I would be very surprised if you've been denied
these public documents and will certainly look into the situation if
indeed, DHS has restricted you from any of these types of public
We have no authority of any
kind when it comes to matters involving the courts and decisions made
I believe I can help if
there are public documents which are not being made available to you,
but "public" is the key word. Anything protected by
statute is something I cannot touch.
I hope this helps in
From Commissioner Lathen's
explanation it is clear that this agency operates with no effective
oversight whatsoever, which will not come as a surprise to any parent
who has had to work with DHS/CPS. Of course the county commissioners
solution for this dysfunctional agency was to ask for a tax increase,
which voters wisely denied last November.
Many of you will have guessed that the
next obvious step in this melodrama was for the wife to go to TESSA
and get a protection order
against her husband, which she did on December 31, 2008. Without
question the court granted her a temporary order against her husband
and "protected" the children from their father.
The permanent order hearing was
also on March 4, 2009. Fortunately the issue was heard in Magistrate
Chittum's court and the father retained one of the EJF recommended
attorneys. The wife was offered, at no cost to her, an attorney from
TESSA and a public defender. She fired both of them!
With one of TESSA's advocates sitting by
her side the wife went into her act. Many of you have seen these drama
queens in action and there is little need to elaborate. But
Magistrate Chittum soon saw through her act and, without the need to
call a single defense witness, ruled that the wife was simply
vindictive, there was no evidence of abuse, she was not in fear of her
husband, and she gave one of the most damning rulings against redfem
behavior it has been my pleasure to hear. She then dismissed the
protection order in its entirety.
To no one's surprise the wife was
back in court the afternoon of March 6th demanding another protection
order. When the father learned of this and went to the courthouse he
found his frightened children outside the courtroom. The obvious next
step was for the lunachic wife to call both the Colorado Springs
police and the El Paso County Sheriff, as she has done many, many
times in the past. When the officers arrived Magistrate Chittum was
gracious enough to step out into the hallway and explain the situation
to the officers. If only we had more judges like her!
The couple are now seeking a
divorce and there is no doubt the false allegations against the
husband will continue. The children will be left in the wife's care
where she will continue to alienate and abuse them. As the wife
is suicidal, in other similar cases the woman has killed the children
and herself, or just the children and pleads insanity. In other cases
CPS waits a few months and decides the woman really is abusing the
children, as everyone has been saying, and puts them in foster care to
collect their bonuses, ignoring the fact that the father and
grandparents are more than willing to protect and care for these
Horrific as they may sound, the
above stories are an everyday occurrence in the courtroom of
magistrates like Trujillo and agencies like Safe Passage. Consider the
El Paso County Sheriff deputy goes amok -
Trujillo and Safe Passage protecting us after the
According to reports El Paso
County Sheriff Detective Jerald Ray was an outstanding law officer who
joined the department in September 1966. As a major crimes
investigator Detective Day handled some of the departments biggest
cases. According to a February 12, 2009, Colorado Springs Gazette news story
Detective Day was the
lead investigator in the homicide investigation of Jennifer
Warren in a drug deal gone bad, so one presumes he was competent and
functional through at least mid-February.
In a March 10, 2009, news story
the Gazette reported that none
of his colleagues were aware of any problems with Detective Day.
He had been separated from his wife for at least two years although
court records do not show any divorce petition has been filed. So it
is unlikely that major problems with his wife still existed. Yet on
the evening of February 28, 2008, 42-year-old Detective Jerald Day
According to the press account the incident began
when the Douglas County Sheriff's Office was alerted to be on the
lookout for Day, who, according to the call, was suicidal and heading
north from El Paso County on Colorado 83.
County deputy responding at 10:30 PM found Day heading north in a tan
Toyota pickup and began a pursuit when Day did not comply with the
deputy's attempts to pull him over. Other law enforcement officers in
the area joined in the pursuit, and Day eventually pulled into a
parking lot near Colorado 83 and Colorado 86, in Franktown northeast
of Castle Rock. He refused to get out and displayed his
Day did get out of the truck, he refused to drop his weapon and
surrender. A deputy shot him with the nonlethal sponge round, but Day
continued to refuse orders. A police dog was released, bit his arm and
brought him to the ground.
February 28th Detective Day has been held in the Douglas County jail
on $300,000 bond and faces charges of two counts of felony menacing,
prohibited use of a weapon, vehicular eluding, resisting arrest,
reckless driving, and driving under the influence.
apparently isn't sufficient and on March 2nd Nicole Malyj, age 27,
went to Magistrate Trujillo's courtroom and obtained a protection
order against Detective Jerald Day, whom she had apparently been
dating. Of course it is pure coincidence that Nicole Maljy is a family
advocate and forensic investigator for Safe
Detective Day safely in jail, Ms. Maljy was free to tell the Gazette
that Jerald Day had been growing increasingly erratic in the months
leading up to the arrest. In her application for a protection order
that she filed after Detective Day was in jail, she said Day
threatened to kill her and himself during a phone call on the night of
the standoff. "I heard the weapon Śrack' in the background,'"
She also accused Day of following her from
her house to her job the day before and said that he refused her
requests to leave her alone.
Am I the only one who wonders why,
as a forensic investigator, that if Ms. Malyj recognized such
irrational behavior in a trusted senior police officer would she wait
until after the detective's breakdown to bring attention to it? And
why was a protection order needed after he was in jail? Obviously it
would be "blaming the victim" to suggest she might
have been at least part of the reason for this man's breakdown.
What we have is a child
protection agency, Safe
Passage, that can't recognize a woman
abusing her children even with four witnesses. But their forensic
investigator can recognize erratic behavior in a deputy months before
anyone else in the sheriff's office notices anything.
Then we have a
magistrate who issues protection orders like tissue paper to every
female who says she's in fear, even if the man is already in jail and
will be long past the time the temporary order will expire, or the
soldier will be discharged and moved out of state.
matter how emotionally disturbed a woman is, TESSA will help them
file protection orders for Trujillo to sign and provide them a free
What is our legislature doing to
help these Three Stooges? State senator John Morse from El Paso County
has introduced legislation
to tax marriages and divorces to
provide them more money. That bill, SB09-068, has passed the state
senate and will be heard by the State, Veterans, and Military Affairs
committee at the capitol in Denver on Tuesday, March 17th at 1:30 PM.
Anyone else available to join me in testifying against this
Where is the Greek chorus for this
tragedy that is destroying so many lives? Presently about 1,000
military men and women in the Colorado Springs area alone are being
forced out of the Armed Forces on specious or false allegations of
domestic violence and abuse. Ofttimes combat veterans also lose VA
health and other benefits, military retirement pay, bonuses, and incur
other penalties as well in these specious cases. There is little
question that the lifetime protection order Trujillo placed on that
female soldier with exacerbate her PTSD and her dreams of entering law
enforcement when she goes back home are destroyed.
And magistrates with the
intelligence and compassion shown by Robin Chittum don't seem to last
or progress in our courts. The legal system isn't kind to those who
don't follow radical feminist (redfem) dogma and I have quite a list
of disbarred attorneys to demonstrate that. I certainly hope Chittum
is an exception and is with us for many years. Good judges are a
rarity in these troubled times.
Charles E. Corry, Ph.D.,
holds a Ph.D. in geophysics from Texas A&M and is a Fellow of the
Geological Society of America. He is a widely published and
internationally-known earth scientist whose biography has appeared in
Who's Who in the World, Who's Who in America, Who's Who in Science and
Engineering, among others, for ten years.
After service with
1 st Marines he became involved with the early space program in 1960,
doing preflight testing and failure analysis on Atlas and Centaur
missiles, including all the Project Mercury birds. In 1965 he switched
to oceanography and did research at both Scripps Institution of
Oceanography in San Diego and Woods Hole Oceanographic on Cape Cod. He
has also taught geophysics at university and worked as a research
manager for a Fortune 500 company.
His research on
domestic violence resulted from the horrifying experience of watching
his former wife, Theresa, go violently insane between 1995 and 1997.
He began documenting the problems after being acquitted of DV charges
she brought against him and two subsequent restraining orders were
dismissed. She also stalked him for five years. That experience pushed
him from an ivory tower into the DV script outlined above and the
corruption of today's legal system.
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men may do separately is small compared with what they may do