Prior to the filing of the case California has enforced as a child custody case, there were two other supposed custody cases in California which were dismissed for lack of jurisdiction.
In every action I was awarded the custody of Gabe as a fit and loving parent. I challenged the jurisdiction of the courts at every turn. In the first of these Nevada County actions, Gabe’s mother filed a false UCCJA declaration saying Gabe had lived in California for the 6 months prior to the filing of the action. Gabe lived in Florida. Ron Wolfson was appointed guardian ad litem for Gabe. Gabe was placed in temporary foster care, while they investigated me. I told Ron he could shove it up his butt. He said screwing with him was the biggest mistake of my life.
The Nevada County Court kept making void and stupid orders and I would simply not put my child in danger by obeying the Orders. At some point Ron Wolfson went to work for John Darlington in the DA office. Ron started filing criminal charges against me for violating child custody orders later found void and not enforceable. He was venting his vendetta. There is little doubt now. I was morally and legally right from the beginning.
You would think Nevada County, and everyone therein would have figured out with 2 custody actions dismissed for lack of jurisdiction……………………….if they wanted to see the appropriate and proper action filed, so they could get me under power of orders of the court…………………..They wouldn’t have screwed up the third time around.
ut screw up they did. Gabe didn’t even live in Nevada County. I transferred the venue to Stanislaus County as soon as I could.
.HOw did they all, Gabe’s Mom, and Nevada County screw up?
What rendered the California custody order so odious in the interstate forum? What about it rendered it not in substantial conformity with the UCCJA? What rendered the Wyoming Orders the only orders enforceable under the UCCJEA?
It is the last hole in the law which is still allowing children like Gabe to be trapped in the chasm that is Inter State Child Custody Jurisdiction and Enforcement. Maybe half of the custody orders in the US in the last 30 years are also void for the same reason, for failure to file the mandatory UCCJA / UCCJEA declaration in the first filing.
The courts are lax on this point, despite 30 year old law which mandates its filing with the first pleading in the case. Absent its appropriate filing with the first pleading in a case, the court does not have sufficient information to even see if it has threshold jurisdiction to inquire further.
The California action was a PATERNITY case, under the Uniform Parentage Act, which did not seek custody on its face, or in its body. No mandatory UCCJA declaration was filed with the first pleading, nor at anytime thereafter.
There is a simple legal point which must be made by the Federal Court. . The Federal Court will mandate the Red Thunder Rule.
The Calfornia proceedings are odious also because the child custody modification from me to Gabe’s mom, AFTER I NO LONGER WAS EVEN IN THE STATE, AND GABE WAS NO LONGER IN THE STATE, was a punitive custody modification to an UNFIT MOTHER.
By 1985,I was fed up with Nevada County and Ron Wolfson and a Californicated court system. I knew California did not have jurisdiction. I was fed up with Gabe’s mother’s stupidity. I had already pulled Gabe out of a head on collision on the wrong side of the road with his drunk driving mother. By this time there had been at least a dozen civil actions, criminal actions, and appeals. They charged me criminally with things like failing to bring Gabe to Court in Nevada County, from Stanislaus County on a cold rainy day, when I had to hitchhike the 200 miles, and gabe had been in the emergency room the day before with a ruptured eardrum.
I had enough. Gabe had enough.
Though I challenged jurisdiction of the court, on May 17, 1985 I had “exclusive care, custody, and control of Gabe” by the provisions of a court order I had written.
I packed up Gabe and our dog, and we left California.
And the poop hit the fan.
Ron Wolfson drove to Stanislaus and convinced judge Reid to give custody to Gabe’s raging, crazy, recidivist felon, heroin addict, alcoholic, unfit mother. Essentially because I challenged Ron Wolfson’s authority. He convinced the judge to to a punitive child custody modification “so Ron Wolfson would have a basis to prosecute me and issue a warrant for my arrest.”
Is this the proper function of a prosecutor? Or is this the action of an out of control vigilante? You dance to my drumming, or I’ll come take your child.
What the hell is a prosecutor doing effecting outcomes of child custody cases at the Judges back door????? So as to have a supposed basis of prosecution of a fit and loving parent???
Wolfson was trying to make a name for himself in the DA office!
Within a short time, John Darlington and Ron Wofson published false missing child posters of Gabe, stating that “Gabriel was abducted by his non-custodial father on May 17, 1985.
They entered Gabe in the National Center for Missing and Exploited Children. It took years to get him out.
I later filed a divorce and child custody action in Wyoming. After they hired an attorney to oppose me in Wyoming. Charles Kelly went to Stanislaus, with an ex parte request for body attachment warrants for me and Gabe. I knew Judge Azevedo. Charles Kelly swore that Gabe was illegally detained and restrained by me in California, and he needed the warrants to prevent me from taking Gabe out of State. Perjury.
Days later, armed agents served the warrant on Gabe at our home in Wyoming and took him into custody telling him that they were flying him to Nevada County to be put in a foster home. Gabe was devastated. I hugged him and said tell these guys your dad told you not to talk to them or answer questions, and that uncle jim and and jo and I and the judge would be at the jail right behind him. The judge was pretty damn pissed off. He ordered gabe back to me. Put him in the legal temporary care of my cousin.
Gabe was kidnapped. He was traumatized. Wait till you see the video.
Then, after whipping Nevada County, Stanislaus County, and California’s butt in Wyoming, I came to Nevada City and surrendered on their warrants. I made bail of $1 million in the night. I flew back to Wyoming.
I returned to California for my first hearing, thinking the whole thing would be dismissed! Instead I was taken into custody on the civil body attachment warrant. What they were trying to do was hold me until I turned my child over to them! You might remember Dr. Elizabeth Morgan. She was held 18 months in Washington DC. Nevada County held me incommunicado from my lawyer for a day or so until I was transported to Stanislaus County. I held incommunicado from my lawyer. I was brought in handcuffs and shackles before judge reid on day 1. I was denied counsel. Extemporaneously, I was eloquent. Judge Reid sent me back to jail to talk to the Judge in Wyoming. He called me back to court the next day in shackles. Again I was eloquent. He said he could not hold me further against my rights. He had no power to compel me to turn over my child. He ordered me released and he ordered the Wyoming Child Custody Orders Registered under the UCCJA. Reid clearly thought this was the end of everything in California……….including Nevada County.
I was kidnapped. My steel tempered. My will whetted.
Wolfson refused to dismiss!
When it came close to time for my trial, John Darlington thought Wolfson might lose the case. Darlington took over. I was offered a “deal” which included prison and turning my child over for Foster Care Placement. I told them in no uncertain, quite graphic terms where the could put their offer.
Darlington had huge problems. If he lost, I would sue for malicious prosecution. If he dismissed, I would sue for malicious prosecution. 21 years later, Nevada County finally dismissed, and I will sue for malicious prosecution.
Darlington got a ruling that we could not tell the jury that I had custody of Gabe in Wyoming, or that Nevada County was bound by the Wyoming ruling that California never had jurisdiction.
I was charge with child-stealing, a crime which, under the law continued until I returned the child. I didn’t have to return the child. Darlington was able to charge it as a non-continuing crime. I was charged with violating the California order for a period of time before the Wyoming Order. In the middle of the trial, the jury thought Gabe was dead. Judge francis told the jury that Gabe was in Wyoming, and that I did not have to return him. If I didn’t have to return him, how could I be charged with a crime for taking him?
Despite that I had pulled Gabe from a head on collision on the wrong side of the road, which totaled the car Gabe’s mom was driving drunk, Darlington got the necessity defense gutted so that I could not argue that I did what I needed to do………………………….to protect my son.
Gabes mom showed up in court in a nice white dress. I couldn’t tell the jury she was in prison, being housed in the county jail for my trial. She was a recidivist felon.
We asked for immunity for a heroin addict witness, who would have testified that
Gabe’s Mom was her heroin dealer before Gabe’s Mom went to prison.
You ask yourself, was Darlington seeking truth and justice, as was his main responsibility??
Hell no. It was a kangaroo court trial. John Darlington was trying to cover up that he and Wolfson had kidnapped Gabe (and me). They were guilty of that for which they prosecuted me. Fraudulently.
I was convicted! 3 felonies. Gary Black did the probation report. Prison. Unless I turned Gabe over for Foster placement. I told him 100 times, I have custody of my son in Wyoming. WTF
I returned to Wyoming. I did not return to California for my sentencing. A warrant issued. The same day I surrendered in Wyoming and the Court issued the premetory writ of habeas corpus by which the state of California, Nevada County………..and all of you are LEGALLY BOUND DANGNABBIT.
What the hell were John and Ron doing anyway? Obtaining and enforcing a custody order to a recidivist felon, heroin addict, alcoholic, unfit mother. Essentially because I challenged their authority and stupid order, and challenged child custody jurisdiction of the court.
I’ll tell you why. Investigator Kelly had a sexual relationship with relationship with the mother, his snitch heroin dealer. This was a quid pro quo for help with child custody.
Ron Wolfson had a vendetta against me. She was also a heroin dealer, snitch.
John Darlington also had a skeleton in the closet. beyond the kidnap, too. Ask him. He prosecuted me because I was at a party where he, married, had sex with a woman not his wife after a cast party.
John and Ron it an all or nothing game, for all the marbles. Either he was right. Or I was right. They are mutually exclusive.
Hindsight is 20/20.
Post trial: I was busy registering my wyoming custody orders where ever we went. Oklahoma City for the Grands. I tried to surrender there once. had a espn film crew. I mean I had the missing poster for gabe in one hand and the kid at my side. I went up to the police sarg, too, and showed him the Oklahoma Registration of Wyoming Orders. He verified the warrant and was told by watch commander DO NOT TAKE HIM INTO CUSTODY.
I registered the Wyoming custody orders in Montana in 1992 bike racing. I neglected to register the Writ of Habeas Corpus. Later, 2003, I registered the Wyoming Writ, with notice per the UCCJEA to Nevada County. They did not object, the registration was confirmed, barring them by virtue of collateral estoppelthem from ever raising in any forum a challenge to the jurisdiction of the Wyoming Court regarding Gabe’s custody.
California still did not recall it’s bogus warrant and dismiss it’s NIGHTMARE CASE!
The case of Gabriel Red Thunder is not a 24 year old parental abduction case, as Nevada County California would have you believe. Nevada maintained felony warrants for my arrest from May, 1985, when the published a false missing child poster of my child, until mid 2009. America’s Most Wanted negotiated my surrender on Father’s Day 1996. Huge News coverage of being arrested on the steps of the Courthouse. Nevada County refused to dismiss their stupid case, and wanted to put me in Prison. I left again to go home and did not return for the sentencing hearing. I forced an interstate showdown for Gabe’s wedding in Oregon, in 2007. They knew I would make a huge media event and simply surrender on their bogus arrest warrant. Nevada County QUICKLY rendered their warrant “only good in California”. After 22 years of “will extradite all 50 states”. Though it gave me refuge in 49 states, the arrest warrant itself was a huge restrain of liberty. My mother died in Nevada County 10 years ago. I could not come to her funeral. I was notified that the warrant was recalled and the case dismissed one day after I missed my dad’s funeral in Nevada County.