31.1.11
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American Mothers Political Party BTR Show: This Thursday February 2, 2011 at 5 PM CST- 6 PM EST Call-in Number: (347) 205-9977
American Mothers Political Party will have special guest Kim Damrow the mother recently sentenced to 12 hours in jail for custodial interference in Michigan. She is also the current wife of a state representative 84th District State Rep. Kurt E. Damrow for Michigan . Apparently now M. Richard Knoblock allowed her now to wait until Monday to serve the time as her child was hospitalized (so nice of him!)
The FBI received a complaint that “someone” (AMPP believes the Judge himself) that went to courthouse for the protest on Thurs or Friday in her support —-that the judge’s life was threatened. So now all her supporters are jumping ship…scared that the feds are coming in.
Anyone will to help out with blogging story and/or promoting Thurs show is much appreciated.
“I think that the feds should investigate and I also think that the judge reported it himself. fishy…”
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- She files complaint:
- Judge then says he was threatened- after a large protest at courthouse and the complaint filed.(what a crock)
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See articles below:
Published: Saturday, January 29, 2011 2:41 PM EST
BAD AXE – On Saturday, the attorney for Kim Damrow told the Tribune there has been information released that violates the code of conduct of professional responsibility imposed upon all judicial officials, attorneys and courthouse personnel.
“It’s not the press that violated the code,” said Nicole Saady, of Grosse Pointe.
Of the information that has been released, Saady said, she has not verified all of it.
At this time, in the interest of protecting the safety, privacy and personal feelings of the Damrow family, all press inquiries are to go through Saady, she said.
Look to the Huron Daily Tribune as more details become available.
Editor’s note: Due to the high number of libelous comments posted under related articles, comments have been disabled on this article.
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By Kate Hessling
Tribune Staff Writer
Published: Saturday, January 29, 2011 2:40 PM EST
BAD AXE — Police are investigating an alleged threat made earlier this week against Huron County Circuit Court Judge M. Richard Knoblock.
“We’ve received information of a threat against the judge and we’re looking into it, along with contacting the FBI,” Huron County Sheriff Kelly J. Hanson told the Tribune after being asked about the situation Friday.
Hanson stressed the investigation still is in the early stages.
“We don’t know how far along we’ll go with it, and I can’t comment about it other than it involves the formation of this rally,” Hanson said, referring to a rally supporters held for Kim Damrow.
Damrow was sentenced Monday to 12 hours in jail for violating a court order allowing the father of her 4-year-old son visitation. She said she did so in an effort to protect her son, as she said her ex-husband has a violent past and she does not believe he has reformed.
Damrow’s sentencing on Monday was followed by a number of events, specifically a large swelling of support organized on Facebook.
State Rep. Kurt E. Damrow, Kim Damrow’s husband, said he was appalled when learning of the threat.
“I’m appalled at a public figure being threatened — just as appalled as I am at a child being threatened,” he said.
Kurt Damrow said there should be no type of physical threats.
“This is a matter of compassion and love for children,” he said. “It just goes against everything that we’re presenting. … Any threat of violence of any type like this has no business on either side — either for or against.”
Hanson said given the recent shootings in Arizona, the threat has to be taken seriously.
“We don’t have any choice but to look at it,” he said. “ … We’re going to take it serious and look into it.”
Editor’s note: Due to the high number of libelous comments posted, comments have been disabled on this article.
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Allowed to be with sick son, but has to report back to jail next week
BAD AXE — Within hours after being booked in the Huron County Jail to serve a 12-hour sentence for contempt of court for not allowing the father of her youngest son visitation, Kim Damrow walked out of the courthouse a free woman —for the time being.
While picketers outside the Huron County Building were glad to see her free, the freedom didn’t come as a result of the court changing its mind: It was because her 4-year-old son was in the hospital.
Damrow, who is married to 84th District State Rep. Kurt E. Damrow, said her son, Boden, was running a very high temperature and Kurt Damrow took him to the hospital about 4 – 4:30 a.m. Friday. Kim Damrow said she could not go to the hospital because she had to be in Bad Axe to check in at the jail at 7 a.m. that morning.
The Damrows said Boden had a 103 degree temperature, was diagnosed with having influenza A, and the child was being held at Scheurer Hospital for observation.
Following a conference with attorneys involved in the case, Huron County Circuit Court Judge M. Richard Knoblock ordered Kim Damrow could leave the jail Saturday to be with her son, though she would have to return to the jail at 9 a.m. Saturday, Feb. 5 to complete the remainder of her sentence.
Kim Damrow was sentenced to spend 12 hours in jail and pay $1,000 in fines/costs during a contempt hearing Monday. The hearing was one of many that have been held in a custody battle for 4-year-old Boden Noworyta, the son of Kim Damrow and Dustin J. Noworyta.
The parents
Noworyta married Kimberly S. (Dufty) Langley Sept. 23, 2005 by a Justice of Peace in Monroe County, according to the complaint of divorce.
Kimberly S. Noworyta filed the complaint for divorce in the family division of the Huron County Circuit Court May 22, 2008. The couple had lived together as husband and wife until on or about May 19, 2008, records state.
Kimberly and Dustin Noworyta had one child during their marriage, Boden J. Noworyta. Kimberly Noworyta had a second son from a previous marriage, and Dustin Noworyta had two daughters from two different relationships.
Since the divorce, Dustin Noworyta has reconciled with the mother of one of the two prior relationships, and he currently lives with her and her daughter. The other mother has full custody of Noworyta’s other daughter.
Following the divorce, Kimberly Noworyta’s prior name, Kimberly S. Dufty, was restored. The divorce order awarded Dufty full custody of Boden, and Dustin Noworyta was allowed supervised parenting time with the child, and that time was to be arranged by Dufty, the plaintiff. Noworyta, the defendant, also was ordered to pay $241 a month in child support.
Dufty lived in the Upper Thumb area with her two sons since the judgment of divorce was order and filed Jan. 1, 2009.
Court records indicate Noworyta had three visits with Boden prior to May 2010, and there was a 15-month period when there were no father-son visits.
May 2010
On May 5, 2010, Noworyta filed a motion in Huron County Circuit Court, alleging Dufty denied him parenting time and it is in the best interest of the child to establish parenting time.
“During the past year, every attempt to spend time with my son has been met with last minute cancellations, refusing to show and not providing an address for me to visit my son,” he states in that motion regarding parenting time. “The last time I have been allowed to see my son was over one year ago.”
Noworyta stated he had been refused phone calls with his son.
“I am trying to stay connected with my son to the best of my abilities being over three hours away, and would at least love to hear his voice between visits,” his motion states.
In her response to Noworyta’s motion, Damrow disputes the claims in his motion, stating she has not disobeyed the parenting order. It also outlined the circumstances of the three visits that took place since the divorce and her willingness to allow Noworyta to see Boden, so long as it’s in a safe place.
“I explained to him that if he wants to see Boden, he would have to come to Huron County and give me ample time to find a safe place to meet,” she said in her response, filed May 13, 2010. “I would not feel comfortable, nor would I feel safe, taking my son out of the county to an area that I am not knowledgeable of and meeting him with my son.”
She asked the court to not issue or establish parenting time because it would not be in the best interest of her son.
“I greatly fear that there is a likelihood of abuse during even supervised visitation, both mentally and physically,” Dufty stated.
Dufty said she tried to discuss adoption with Dustin because he begged one of the mothers of his other daughter’s to put that child up for adoption in the past, and had gone as long as four years without seeing that child, even though the daughter lived just 5 miles away from him.
Secondly, she said Kurt Damrow is the only father figure that Boden has known.
“At some point, I admit, it is my hope that Kurt will be allowed to adopt Boden, as he is a loving and constant man in Boden’s life,” Dufty stated.
Kimberly S. Dufty and Kurt Damrow were married May 22, 2010. Her legal name then changed to Kimberly (Kim) S. Damrow.
June/July 2010
On June 18, 2010, Noworyta filed a motion regarding parenting time and other relief, asking the court to require Kim Damrow to comply with the parenting time provisions in the judgment of divorce and to provide make-up time for her denial of parenting time.
On July 1, Knoblock ruled Noworyta could have supervised parenting for four hours on a select number of Sundays, through and including Aug. 22, 2010. The order stated the parties were to meet at the McDonald’s restaurant in Frankenmuth, and Noworyta then would have parenting time with Boden in the Frankenmuth area. Each party was allowed to bring an observer with them.
The order also required both parents, along with Boden, had to have psychologicals done by a psychologist as agreed to between the parties, at the expense of the plaintiff, Kim Damrow (because she asked the court to order the evaluations).
August 2010
On Aug. 17, 2010, Noworyta filed a motion for contempt and expanded parenting time, alleging Kim Damrow denied him parenting time July 25, 2010. The motion also states Kim Damrow was refusing to tell Boden Noworyta is his father; threatened to cut short or deny visits if Noworyta were to tell Boden he is his son.”
The motion states Kim Damrow repeatedly frustrated Noworyta’s efforts to call Boden, and Noworyta rarely had a normal conversation with Boden without interruption from Kim Damrow.
“ … It appears (Kim Damrow) is uncontrollable by anyone and will do what she pleases, even if it is in direct violation of the court’s order; (and) that she continues to obstruct any attempt of (Noworyta) to establish a personal relationship with his soon, going even so far as objecting to Boden being told (Noworyta) is his father.”
Noworyta’s motion states unless Kim Damrow’s held in contempt by the court for failing to abide by a stipulated court order, it will continue to be a struggle for Noworyta to have a normal relationship with his son.
The motion also states while appointments for the psychologicals had been scheduled to the satisfaction of both parties, Kim Damrow canceled them without notice to Noworyta or her attorney.
In her Aug. 19, 2010 response to the motion, Kim Damrow explained she had a change in attorneys since the previous hearing, and she was in contact with the individual who was to do the evaluation, and she asked the judge to postpone her evaluation. Also, her response states, the clinic was the one to cancel Noworyta’s appointment because they were unable to reach him by telephone.
As for the claims she denied him parenting time, Kim Damrow explained she was very ill on July 25, 2010 and tried numerous times to reach Noworyta, however, he did not have a phone so she could called the numerous phone numbers he makes calls from. She said she also sent e-mails to his partner and sister-in-law hours before he had to leave Dundee to go to Frankenmuth that day.
“I did tell Dustin that we should bring him back into Boden’s life slowly and that as sensitive as Boden is, let’s try to feel him out the best we can before we explain who (Noworyta) is,” she stated in her response. Her response claims when Noworyta first brought up the subject with Boden, Noworyta grabbed Boden and sat him on his lap very hard, shouting “Do you know who I am? I am your father.” And he broke out in tears, she said.
Regarding the difficulty of having phone conversations, Kim Damrow’s statement notes Boden rarely talks on the phone to anyone because he was 3 years old.
First contempt hearing
During the contempt hearing on Aug. 30, 2010, the accounts of the previous visitations and Noworyta’s mental stability were as different as black and white.
Noworyta’s Bad Axe attorney, Duane Cubitt, said the visitations went fine, and Boden and Noworyta got along fine, according to transcripts from the hearing.
“My time with Boden went great,” Noworyta said. “Kim spent a lot of time in the background trying to make it miserable, but that was about it …”
Cubitt painted Kim Damrow as being uncooperative, and said his client believes Kim Damrow intentionally did not show up for the July 25 parenting time.
He said she was being difficult as to the visitation’s venue, not allowing Noworyta to take Boden outside of the McDonald’s restaurant to go to a museum or park.
During her testimony, Kim Damrow said Boden was a different child before she divorced Noworyta.
“When Dustin was with us … all my family, they thought something was wrong with us. He was 21 months (old), he quit smiling, he was sullen, he was sad … you could tell he was fearful,” she said in the hearing transcripts. “It took a long time to bring him back to where he is today.”
That’s why Kim Damrow said she asked the court that if he wants visitation, it’s his obligation to prove his circumstances have changed. She testified he should be responsible for paying for his own evaluation, then following the psychologist’s orders and get treatment and take parenting classes
During cross examination, Kim Damrow told the court she was going to wait to tell Boden that Noworyta is his father.
“We were going to counseling as soon as possible to deal with it …,” she said. “I don’t want to mess him up any more than he’s been messed up. I don’t know the answers completely, I’m not claiming to be the best mother, I do my best.”
When asked if she doesn’t think Boden’s entitled to know who his dad is, Kim Damrow said yes — if Noworyta sticks around and gets mentally healthy.
Cubitt argued Noworyta is not unstable and he’s very capable of parenting children.
“So I don’t know where Kim comes up with this idea that somehow or other he’s a violent person and that her child is somehow endangered if he is around Boden without her being present,” Cubitt said.
With regard to her testimony about the child negatively reacting to the previous visitations, Cubitt said, “I mean, what 3-year-old wouldn’t be based on what the mother is putting this kid through. She won’t even acknowledge that Dustin, my client, is the child’s father. And that kind of gives you an insight into what kind of person she really is.”
But Kim Damrow’s stance has been that the safety of her child comes first, and she is doing what she can to protect — not harm — him.
Knoblock ordered the visitations take place for six hours in Huron County on alternate weekends, and the parties meet at the McDonald’s restaurant in Bad Axe. The judge ordered Noworyta’s mother or grandmother be present during all parenting times. He also ordered the psychological evaluations be scheduled and done.
He did not hold Kim Damrow in contempt.
“But if there’s further problems, I won’t hesitate to do that,” Knoblock warned. “But I’m not going to at this time.
November 2010
On Nov. 12, 2010, Kim Damrow entered an emergency motion asking the court to modify it’s Aug. 30, 2010 decision. Among the reasons, was an Oct. 31, 2010 incident where she says Noworyta acted in a violent manner. Also, she said it is not in the best interest of the child to participate in overnight visitation with Noworyta until his psychological records are produced by Huron Behavioral Health for evaluation and the psychological evaluations of are performed.
In Noworyta’s response, which Cubitt filed Nov. 19, 2010, Noworyta denies it is not in the child’s best interest to delay overnight visitation; claims Kim Damrow has had several months to complete the psychologicals; the parenting time has gone well; and the father and son enjoy each other’s company.
“Boden is a normal child when with (Noworyta),” the response reads. “He laughs, plays and is very interactive; Boden is full of life.”
Also on Nov. 19, 2010, Cubitt filed a motion for clarification, asking the court to, among other things, to expand the amount of parenting time to include all time provided for in the Huron County Friend of the Court parenting time guidelines, including extended summer parenting time.
In her answer to that motion, Kim Damrow asked the court deny the request.
December 2010
On Dec. 3, 2010, Knoblock ordered the psychological testing of all the parties be done in Bad Axe, as requested by Kim Damrow, and that there had to be make-up time scheduled because Kim Damrow failed to deliver Boden to the parenting time exchange location in Frankenmuth on Nov. 26.
On Dec. 4, 2010, Noworyta filed a motion asking the court to hold Kim Damrow in contempt because, among other complaints, she did not allow him visitation on Dec. 10, 2010.
Second contempt hearing
During a Dec. 16, 2010 public hearing, the court heard arguments and reviewed a doctor’s note stating Boden had been sick. The note didn’t specifically state he was too sick for visitation, and Kim Damrow was told future doctor notes would have to include that in order to suffice in court.
Knoblock did order to hold Kim Damrow in contempt of court for failing to providing parenting time the court previously ordered. However, he held the punishment in abeyance, pending her further compliance with the court’s parenting time orders.
The court also ordered arrangements be made for psychologicals and set Christmas parenting times.
The assessments
Tammy L. McPherson, licensed professional counselor of Bad Axe, conducted the psychological assessments on Kim Damrow and Noworyta pursuant to the Dec. 16, 2010 order.
According to the assessment, Kim Damrow reported no medical or mental health history.
“She is not prescribed any medications, however, does report high levels of stress, no appetite, difficulty sleeping and chest pains. She believes these symptoms are due to her fear about her son Boden’s safety while in care of (Noworyta),” McPherson’s letter states. “(Kim Damrow) believes her marriage to (Noworyta) to be one of physical and emotional abuse.”
McPherson reported that after further discussion regarding Kim Damrow’s fears, it is apparent (Kim Damrow) is concerned Boden could be emotionally abused by his father.
McPherson’s letter states Noworyta has no medical or legal history.
“He reports receiving mental health services for a short period of time in 2008, through Huron Behavioral Health,” she said, noting he signed a release to give her his records, and also released records from the Department of Human Services in order for the therapist to confirm he does not have an open case with any DHS agency, and no open case in any county was confirmed.
“After reviewing his records from HBH, it is apparent (Noworyta) was struggling with depression and utilizing alcohol as a coping mechanism,” McPherson’s letter reads. “He reports to not continuing the prescribed medication for depression, as he felt it wasn’t needed after he moved back to his hometown and was divorced. He reports being sober for the last three years. He denies any mood swings or depression currently.”
In her recommendations, McPherson said both parties would benefit from counseling (together) to resolve the conflicts that are preventing them from working as a parental team. She said it would be helpful for both parties to learn healthy communication skills and conflict resolution techniques.
January 2011
The defense filed a motion Jan. 18 asking the court to hold Kim Damrow in contempt for failing to allow parenting time previously ordered by the court for Jan. 14.
The motion states Boden enjoyed his Christmas parenting time with his father and step siblings, but did go home a half day early because Boden indicated he missed his mother and wanted to be returned to her. When it was time for the next visitation on Jan. 14, Kim Damrow failed to deliver Boden, the motion states.
Kim Damrow told the Tribune when she picked Boden up from the last visitation Noworyta was acting very suspicious, repeatedly stating she couldn’t call the cops. When she met him to pick up Boden, she said the child was screaming and crying, clinging to her and he would not look at Noworyta. She said Noworyta “just kept apologizing.”
She said she was concerned and took Boden to his pediatrician, Dr. Kala Reddy, to get a physical Jan. 3. According to a report submitted to the court from that doctor’s visit, it was stated that Boden was complaining of neck pain, had not eaten very well and had a temperature of 101. It also was noted Boden was fearful in the car, refusing to go to even a friend’s/relative’s house.
Reddy recommended the mother continue counseling, and she reassured Kim Damrow that she did not see any evidence of trauma to Boden’s neck.
Kim Damrow was able to take Boden back to the pediatrician Jan. 6. The reason for the visit was because the child had not been sleeping, and was in pain in his mouth because he was chewing the insides of his cheeks.
In her observation, Reddy reported Boden “is rather too quiet for his age and looks worried and pretty anxious. … He does not appear to be acutely physically ill, though.”
After a detailed physical, Reddy diagnosed the child’s condition as acute separation anxiety. In a Jan. 14 letter, she states she does not recommend he be removed from his mother at this time without the advice of a psychiatrist or child psychologist.
Both the defense and the court were unaware of the doctor’s note.
In the defense’s Jan. 18 motion, Noworyta asks the court to hold Kim Damrow in contempt and punish her accordingly, and require the plaintiff reimburse Noworyta for attorney fees and other costs.
Third contempt hearing
During a four and a half hour contempt hearing Monday, of which the complete transcripts are not yet available, Reddy testified about her dealings with Boden and her letter and written observations were admitted into evidence.
Despite the explanations given, Knoblock held Kim Damrow in contempt, noting “it’s clear to me from all the hearings I’ve had, the testimony that I’ve heard, and including hers and that of other people presented during these hearings, that she does not want (this) father (to) be in the life of the child, she wants to cut him out, that’s what she wants to do,” according to partial transcripts that were available Friday.
Knoblock said he believes Kim Damrow’s actions border on child abuse.
However, in regard to Reddy’s testimony, he said an evaluation needs to be done. He ordered an appointment be made, and that order was fulfilled later that afternoon.
Until the evaluation is complete, the judge ordered the defense hold off on the two phone calls the court awarded him for each week, and ordered future visitation be supervised.
Emergency hearing
Kim Damrow’s attorney argued submitted an emergency motion for stay and appeal Thursday, noting the plaintiff did not have enough time to prepare for a criminal contempt charge, it was believed the charge was civil. The attorney, Nicole Saady, of Grosse Pointe, noted she was hired to represent Damrow on Saturday.
Thus, the court was denying Kim Damrow’s due process rights by not giving her enough time to represent herself.
She also argued that Kim Damrow should be able to purge herself, i.e. correct the offense by providing make-up parenting time.
Knoblock disagreed, stating the motion specifically asked she be punished, which adequately put her on notice that she was being charged with criminal contempt for willfully disobeying a court order.
While he sentenced her to 12 hours in jail, Knoblock said the law provides that for a criminal contempt charge, the defendant could be sentenced up to 93 days in jail and fined up to $7,500.
Both sides respond
Cubitt said in no way is his client a threat to his son. He explained Noworyta left his job to move to Huron County and had problems finding employment, which lead to depression. Matters worsened as the divorce was not amicable, and it wasn’t until Noworyta moved out of the area that he was able to get back on his feet financially and turn his life around. Once he had, he filed a motion for parenting time to spend time with his child, Cubitt said.
But Kim Damrow said he hasn’t changed, and if anything, he’s gotten worse. She voiced frustrations that she is trying to protect her child, but the system is not allowing her to do so.
“I can’t protect my child, and it is the most horrifying feeling for a mother,” Kim Damrow told the Tribune.
On Friday, Kim Damrow vehemently disagreed that she is the cause of Boden’s anguish.
“Some have questioned whether Kurt and I are the ones causing the mental anguish. What a gross injustice of the system to accuse the mother, when the mother has no mental health issues,” Kim Damrow told the Tribune. “But the father’s records from Huron Behavioral Health clearly show that he had depression, that he abused alcohol and he was abusive. Why would she not be concerned for child?” Especially when Dr. Kayla Reddy, Boden’s pediatrician and the only professional to have ever seen Boden throughout this entire thing, Dr. Reddy says after a visit with his father, there was a drastic change in his behavior which she witnessed. And Dr. Reddy had cause to be alarm, and Dr. Reddy asked the court to not remove him from his mother at this time, and that by further removing him from his mother could cause permanent damage — that’s huge.”
Editor’s note: Due to the high number of libelous comments posted, comments have been disabled on this article.
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