Well, Your Honor, [Mr. Merritt began] you believe I have no standing, but I do have a couple ADA [requests] that I'd like to present to you.' [Judge Cain replies] 'You can't present anything.'
San Jose, CA (PRWEB) May 02, 2013
In Merritt & Pacheco-Starks v. Mckenney et al, CV13-01391-PSG an amended complaint was filed on April 26, 2013, in Northern California Federal Court, adding judge Thomas Cain, attorneys Lynn Searle and Michael Desmerais as defendants with three other Santa Clara Superior Court judges for intentionally and knowingly violating the Americans with Disability Act (ADA) against Mrs. Merritt and Mrs. Pacheco-Starks, both Santa Clara county citizens.
According to the revised lawsuit, Mrs. Pacheco-Starks sought the help of local businessman and civil rights advocate, David Merritt, to help her terminate the services of court appointed lawyer Michael Desmerais so that she could hire her own lawyer. The lawsuit also alleges that her son, along with his lawyer Lynn Searle have "fabricated" and filed evidence in order to take control of her six-million dollar estate and to prevent her from being with her husband due to the differences in their age and race.
The lawsuit also alleges that Mrs. Pacheco-Starks asked Mr. Merritt to present three requests under the Americans with Disability Act that authorized him to aid her in securing a new lawyer, removing her son from conservatorship and prohibiting her son from interfering with her communications with Mr. Merritt.
Court transcripts taken on April 24, 2013, when Mr. Merritt attempted present the requests', reflect Judge Cain asking Mr. Merritt why he was there and Mr. Merritt answering: "I was asked by Beatrice Pacheco after some conversations with her to do whatever I could to get her some impartial decision-makers in her case, including the -- the -- the attorney that is supposed to be representing her. I have made a couple phone calls to his office which have not been turned yet. And, essentially, I'm motivated by seeing a person who is in what I -- what is -- what -- what I -- has been represented to me as a dire situation, currently. She was just assaulted on Monday physically."
The court transcript shows Judge Cain challenging Mr. Merritt's account and after several more rounds of back and forth Mr. Merritt asserted: "I have elderly parents. They are 84 years old. I grew up with seven sisters. My whole mindset is protect women, protect elderly, respect the elderly.I am seeing someone held prisoner in their home, their phone being disconnected, they are being assaulted."
The court transcripts further reveal over an hour's worth of interrogation by judge Cain where statements such as: "You have no standing to participate in these proceedings, let alone represent MS Pacheco." Refused to accept Mrs. Pacheco-Starks ADA requests', rejected her attempt to terminate the court appointed lawyer and acquire her own; told Mr. Merritt that he was very close to committing a criminal offense and ultimately ordered "Mr. Merritt, you are ordered to have no contact directly or indirectly with Ms. Beatrice Pacheco. You are not to go within 100 yards of Mrs. Pacheco. And that is good until a hearing ...."
In July 2012 the San Jose Mercury News Paper, after an investigation of Judge Cain's court, reported a systemic practice where the conservatorship court had been permitting its court appointed lawyers to excessively charge conservatee estates for years. Judge Cain had vowed to correct such. This new case is alleging that the practice is still going on.