Civil Case No. 00-0038-S Involving Alleged Sexual Assault - Update
Meridian, MS (PRWEB) January 31, 2007 -- "Incumbent Lauderdale County Chancery Court Judge Sarah Springer, who was recently defeated in the November 2006 election, in Civil Action 00-0038-S had given custody of two minor children to the biological father," says Jane Tucker, one of several Jackson Ms attorneys working on this civil case for the mother. Ms. Tucker continues, "This happened just prior to the November election. Now," according to Ms. Tucker, "a new Chancellor, Larry Primeaux, was sworn in January 02, 2007. Interestingly, Primeaux was one of the mother's previous attorneys in this case. Jackson Attorney, Karen Spencer replaced Primeaux as counsel for the mother." To further complicate matters, Springer has left Mississippi and moved to Texas. Ms Tucker shakes her head at this most recent turn of events. "This complicated civil case is every investigative reporters' dream and every attorneys' nightmare," says Ms. Tucker in a recent interview. A quick update on this Case follows.
Incumbent Chancery Court Judge Sarah Springer in Civil Action No 00-0038-S handed custody of two minor children to the biological father. According to medical reports, counselors' notes, state appointed psychologists and Child Protective Services Texas there are reasons to believe that one of the children, the girl, may have been sexually assaulted. The mother left the jurisdiction allegedly to protect her children.
After it became apparent that the mother had left the state, the attorney moved to withdraw from representing her (CP 1560; T172). The chancellor denied the attorney's motion. The attorney was also defending herself in a contempt/sanctions proceeding in this same case. As a practical matter, then, the mother went unrepresented at the contempt hearing. Indeed Judge Springer ruled that because the mother was absent, the attorney could not put on any affirmative evidence on her behalf (T. 221).
At an earlier status hearing on December 5, 2005 the chancellor ordered that the children be returned to their mother from DHS custody (T. 157). The chancellor also restored the biological father's original visitation rights (CP. 1504-05; RE. 142).
On January 9, 2006, the Court entered an order directing the mother and her attorney, Karen Spencer, to be in Court on February 3, 2006, for pre-trial motions and for trial on February 6-10, 2006 (T. `162-63; CP. 1552).
A five day sanctions/contempt hearing against Karen Spencer, the mother's attorney; and a one day, custody trial was held. At a hearing commencing February 3, 2006 and lasting through February 9, 2006, the court refused to allow Spencer to withdraw from representing the mother (T. 1080). There followed several days of cross-examination of Spencer. It was during this hearing, while defending herself against charges that the abuse allegations were frivolous, that Spencer was able to make a record of the evidence supporting the molestation. (Evidence is at http://www.chandlerkids-thetruth.com)
The custody "trial" commenced at the close of the contempt hearing. At that February 10 trial, the Chancellor dismissed all defenses and the counterclaim filed by the mother and refused to allow into evidence testimony and documents concerning allegations of abuse (T 214, 221).
The chancellor sentenced Karen Spencer, attorney for the mother, to 90 days in jail - later rescinded - for, among other things, giving a copy of the chancellor's bench opinion in the custody case to her client (CP. 2291). The chancellor held that the attorney was not to give her client copies of the court's orders even though the chancellor was found to have erred when she did this very same thing in another case. In re E.C.P., 918 So.2d 809 (Miss.App. 2005), the Mississippi Court of Appeals held that Judge Springer violated the daughter's right to counsel and right to access to the courts when she ordered counsel not to disclose the court's ruling to the daughter.
The results of the rulings against Karen Spencer, attorney for the mother were these. The chancellor perturbed by the plethora of pleadings filed by Attorney (CP 2262-65) and by the fact that Spencer provided copies of the court's rulings to her client (CP. 2291) ordered that Spencer pay attorneys the sums of $25,000 each for violations of Rule 11 and the Litigations Accountability Act (CP 2301). The chancellor also found Spencer in criminal contempt despite the fact that Spencer was never given notice that she faced criminal sanctions. For allegedly giving documents to her client and for alleged violation of the Court's order not to issue subpoenas without permission from the Court, Judge Springer sentenced Spencer to two 90-day jail sentences to run concurrently (CP 2293).
At a hearing on June 14, 2006, represented by Criminal Defense Attorney Cynthia Speetjeans of Jackson, Ms., and Julie Ann Epps, Appellate Attorney, the Chancellor, having been apprised that the criminal sanctions against Spencer violated due process, rescinded the jail sentences (T. 1499). Ms. Spencer posted $10,000 bond. Spencer's Case is in Appeal at the Mississippi Supreme Court and is interlocked with the Appeal by her client (Civil Case No 00-0038).
The climax in this case began July 16, 2004. For more details please go to website: http://www.chandlerkids-thetruth.com
For Documentation and more information phone Jane Tucker, Attorney, 601-291-2047.
See documents and evidence in this case at http://www.chandlerkids-thetruth.com
Time line in case is attached to this news release.
Department of Protective Services - Texas Report is attached to this news release.
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