Proof Of Leo’s Starvation
Part 1 – The Corruption Filled Path To Leo’s Starvation
DD, my son Leo’s mother was/is a widowed, non-neurotypical (autistic, based on her discription of herself), sometimes suicidal, binge drinking alcoholic and an extreme BDSM sadist! She had two kids, PD, her autistic daughter and AD her son.
I left Washington and went to Kansas to help her out after her husband died. at the time I didn’t know about her alcohol problem; but, it soon became apparent but by that time I was already committed to protecting her and the kids.
We left Kansas where she was living and moved to Washington where I lived to get her away from what she called “dancing in a grave with a ghost” (the memory of her dead husband who she helped kill) which was aggravating her drinking problem and to get away from her BDSM lifestyle which had escalated into an extremely unsafe situation (Building a working electric chair to put in her basement where the kids would have access to it.)! Plus, I figured out a way to buy a micro-farm Which would have given us a way to live self-sufficiently with my disabilities and her non-neurotypicalBDSM, alcohol lifestyle. Plus, it would have also given us the ability to buy PD a horse for her equine therapy and AD a dog.
DD lied about her credit so the micro-farm fell through and we ended up renting instead!
In mid-2014 DD got pregnant with Leo and she made a deal with her doctor to limit her drinking to just before bedtime so she could sleep and not to binge drink at all.
Things work like this. DD was in charge of Leo during the mornings, after she had slept off her alcohol (typically a glass or two of wine) from the night. I stayed up all night bottle feeding and singing to Leo between his sleeping.
In late June I was planning to take everyone camping to help DD deal with the upcoming anniversary of her husband’s death. Instead she got together with some drug using and alcoholic neighbors and started getting drunk again while lying to me about her drinking and claiming it was her medications that were causing her issues.
One day she brought home a bottle of Yukon Gold. I mark that bottle with permanent marker before I went to bed.
She broke her deal with me and her doctor to protect Leo by only drinking at night. A substantial amount of hard alcohol was missing from the bottle of Yukon Gold. She drank while I was sleeping and she was watching Leo, thereby endangering Leo. I advised her I was going to tell her doctor and have the doctor do something about the binge drinking while she was supposed to be watching and feeding Leo.
To stop me she called the Grays Harbor County sheriff and reported that I was hitting her. SHE CHOSE THE BOTTLE AND HER ADDICTION OVER HER FAMILIES SAFETY!!!
When the cops arrived it was obvious that DD was drunk and that I had not been hitting her because there were no signs of injuries or bruising.
Cop Corruption: Failure to Detain – DD should have been arrested for the misdemeanor of false reporting under RCW 9A.84.04 False reporting. Instead she had no consequences for reporting a false crime that could have sent me to prison. (Documented proof: cops incident report)
Cop Corruption: Failure to Call CPS – The cops should have called CPS. Instead they left DD’s two other kids in the care of a neighbor for a few hours, thereby, endangering them the moment they went back to DD’s house as she would not have time to recover from her alcohol drinking prior to the kids returning home. (Documented proof: CPS intake report)
Cop Corruption: Theft of a Vehicle – I work mainly with the original responder sheriff and an older Gray haired thin Sergeant sheriff . I was told to take DD’s van and get my son Leo away for a day or two to let DD sober up. I was not on the title so technically it was theft of her vehicle; though, there is arguably a necessity defense to that theft.
Cop Corruption: Endangering AD and PD – The duplex we rented was a couple of miles from The nearest bus stop. DD had no way to get her kids to emergency services without the van.
DD Kidnapped Leo and Endangered Leo – The next day at about 4:00 a.m. DD started calling and demanding her van back so she could care for her kids as where we lived the nearest bus stop was about 2 miles away.
She sounded sober on the phone and I had no interest in being arrested for theft of her van so I returned it.
It was a few hours drive from where I was to get back to our home with DD. By the time I got there she was drunk again. She was able to grab Leo’s detachable carrier from the car seat, drag him into the rental and lock the door.
I had keys but I also had no interest in being arrested for domestic violence while trying to recover Leo or for breaking and entering since I was not on the lease. Nor did I want to get stabbed as she is very fond of knives and has a history of violence; so, I called the cops. (She consistantly told me things like “I have knives and I know how to use them!” and “I have knives and I know where you sleep!”
This time they did the right thing and called CPS. (Documented proof: cops report)
CPS Corruption: Taking Leo –
Rather than return Leo to me CPS took Leo. My alleged crime was returning an illegally taken van thereby placing Leo within range of his drunken mother and failure to protect him from her drinking while she was pregnant even though she had a doctor’s permission to drink during and after her pregnancy!
CPS even admitted that they could have done nothing about her drinking while pregnant or her doctors plan to allow her to drink at night after Leo was born. (Documented proof: CPS report)
CPS Corruption: Failure To Fully Investigate DD’s Suicide Attempt –
The night the kids were taken, DD drank drain cleaner. She then spent much of the night calling me to come care for her even though she knew I did not have the van, there was no way by bus to reach her and I had been advised by CPS to stay away from her because of the allegations that I had endangered Leo by placing him within her reach.
CPS called it a suicide attempt; but, DD actually gave another explanation, DD said it was the only way she had to make herself puke so she could get the alcohol out of her system faster and recover her kids. I’m actually more inclined to believe DD based on her non-neurotypical issues. If she was going to actually commit suicide she would have done it with alcohol as I have spent many nights on suicide watch due to her drinking past the point of unconsciousness.
DD suffered from hyper realistic extreme nightmares of violence. She would literally wake up in terror or tears absolutely believing that something violent or demeaning had happened to her. This was one of her primary reasons for drinking at night – so she could sleep without the dreams!
I remember a few times while we were sleeping prior to Leo’s birth when she woke up and curled into a corner of the room absolutely believing that I had just beat the crap out of her! They were so intense that she could actually feel the pain. I had to get up and turn on the light and get her to think and look at her body and see that there were no bruises and that I had been asleep prior to her waking me up.
CPS never investigated those dreams or the potential danger they could present to the kids if she woke up from a nightmare and the kids were there and she believed one of them harmed her as when we were together DD always had knives nearby.
In a way, the suicide attempt was actually a blessing in disguise in that she finally got treatment for those dreams and medication to reduce them. However, I still worry that one day the kids might be a victim of them. (Documented proof: CPS records and medical records)
CPS Corruption: Witness Tampering – I was called in to CPS for an interview about what happened and the social worker, Miss Carrie Quail, actually took me back to a room and tried to coach me on how DD had hit me which never happened.
The only thing DD had done was push past me and grab Leo’s detachable carrier from his car seat. Then she had jerked Leo’s carrier to the point that I let it go so that he would not be woken up or I would not get into a domestic violence situation with her.
DD False Reporting Strangulation and Domestic Violence – DD again tried to claim that I was hitting her. When that didn’t work she switched to I was strangling her. (The same allegation she would coach her kids to use against me.) Again there were no signs of injuries so that didn’t work. She switched her story again to the allegation that I had shaken her. (Document proof: CPS reports)
Cop Corruption: Covering Their Asses with False Reporting –
CPS was extremely upset that the cops did not call them the first time DD got drunk and had left her kids effectively unsupervised; so, the cops made things up on the report to cover their asses!
First they stated that I had been told to stay away for 6 to 7 days. Then they stated that they didn’t even know AD and PD had been there.
These are obvious lies because the cops helped walk the kids over to the neighbors and talked to the neighbor. Plus, I had a specific discussion about me technically stealing the van with the cops; but, how do I prove that?
Think about it. I’m being told to take the only transportation DD has to care for her kids with
My word against a half dozen corrupt and lying sherrifs covering each other’s butts! This is why all cops should be required to wear body cams and have dash cams and have dashcams and if they do not then they should be required to use their cell phones !!! (Documented proof: cops report)
DD Dainty Delicate Passion Flower Act –
When DD’s allegations of being hit and strangled didn’t work she switched to her being the victim of domestic violence. We called it her Dainty Delicate Passion Flower act.
CPS bought that one Hook line and sinker; because, DD is short, white and petite. She certainly doesn’t look like an extreme BDSM sadist who would walk around the house telling me “I have a knife and I know how to use it!” or “I have a knife and I know where you sleep Plus, she has dropped me to the floor a few times with a testical strike just for fun! (She likes nonconsensual surprise attacks.) Nor does she look like someone who would pull a gun on people or tie someone up and beat them till they couldn’t stand anymore all the while laughing and dancing with sheer joy. (Documented proof: I filed a report about assaults on my person which the cops and the courts ignored. I later found an email where she expresses that she is an extreme sadist and I am a mellow laid-back person. I filed it with the courts. Further, she admitted to BDSM under oath.) (Documented proof: Court and CPS records.)
DD Provable Perjury –
I advised CPS about the BDSM lifestyle. DD couldn’t have that because it basically made her a liar when she accused me of domestic violence and it created a question as to the safety of her children within that lifestyle; so, she filed a sworn document stating that I had lied about the lifestyle she/we lived. Then she admitted in court that she is involved with BDSM. Since her statement that I lied about our lifestyle was a sworn document she committed perjury. (Documented proof: CPS files court records)
Attorney Corruption: Ineffective Assistance by Failure to Use Provable Perjury –
Based on caselaw that I found that perjury was usable in the trial; but, not a single public defender/pretender looked for the evidence or presented it. Based on case law, a witness that commits perjury is significantly less likely to be believed by the jury; so, failure to obtain and use that perjury documentation is a form of ineffective assistance of counsel. This affected not only my CPS case, especially the domestic violence allegations, but also my later criminal charges and trial. (Documented proof: court records)
Dismissal – The State/Prosecution had all the CPS records, including the ones showing DD perjury but refused to provide them to the defense because they represnted Leo, AD and PD in the dependency! They were also legally required to provide those CPS records under CRR 4.7, Giglio v. United States, 405 US 150 – Supreme Court 1972 and Brady v. Maryland, 373 US 83 – Supreme Court 1963 as DD Perjury goes to her credibility as a witness.
Further, I was legally entitled to the CPS records as CPS interviewed me without my attorney while in custody making them a stage agent – fully subject to discovery obligations.
Under CrR 4.7 (7) the failure to provide full discovery is grounds for dismissal but no public defender/pretender is willing to file on my behalf!
CPS Corruption And Prejudice: The Tender Years Doctrine –
I had never heard of The Tender Years doctrine until one of the CPS social workers advised me that was why Leo would most likely be returned to DD. (Note – to be fare not all CPS is like that. I actually got treated fairly by King County CPS.)
The Tender Years doctrine basically states that a child under the age of four needs its mother so if there is a custody dispute the mother should always get the child. That is absolutely an illegal form of prejudice under the laws of the State of Washington! Yet it still exists in CPS and the Courts of Grays Harbor County!
CPS Corruption And Prejudice: Refusal to Investigate Sadism and Domestic Violence Counseling for Me –
CPS refused to investigate the fact that DD was an extreme sadist. Which they could have done fairly easily by obtaining the police report concerning the gun violence and by contacting people who know about the BDSM in Kansas.
As a result, even though I was technically the victim of domestic violence, I was forced to take domestic violence counseling prior to having Leo returned. (Note – lf you ever want to experience prejudice as a man go check out some domestic violence counseling places. Most are filled with men hating feminist misandrists! Luckily, I found a non-prejudicial male counselor.) (Documented proof: CPS records)
CPS Corruption: Delay Of Services –
I progress through the required services extremely quickly. However, when it got to parenting class which was my last class prior to recovering Leo CPS refused to give me the class information so that I could recover Leo.
I actually took five parenting classes attempting to meet their requirements before they gave up and referred me to a class. The wrong class! Fortunately, I had gained some experience in dealing with them and was no longer as stupid as I was in the beginning; so, I figured out the right class and signed up for it.
I can’t prove why exactly CPS purposely delayed me; but my best guess is that by reason of being a man they prejudicially demeed that I was guilty of domestic violence and they were following the tender years doctrine; so, they delayed me to give DD a chance to catch up and recover Leo! (Documented proof: CPS records)
CPS Corruption: Failure to Investigate Leo’s Feeding –
I noticed that something was wrong with Leo because he wouldn’t stop crying and that just wasn’t my son.
I specifically asked one of the CPS observers of my interaction with him to check on his feeding. According to the record nothing was done. (Documented Proof: CPS records)
Washington State Justice System Corruption: EQUAL JUSTICE VIOLATION Unequal Justice Under the Law For Legally Detained Children and Their Parents –
When I went to parenting class in King County I quickly discovered that parents and infants being detained under the Washington Criminal Justice System were illegally being denied equal justice under the law.
In Grays Harbor County my visitation with Leo was limited to one hour per week! In King County, if I remember right, parents had 6 hours a week of visitation from CPS. They had additional 2 to 3 hours per week of visitation through parenting class. Plus, they could get up to another 10 hours of visitation through the library events, parenting networks and social agencies like churches. Total up to 19 hours a week of visitation!
I am absolutely sure that if I had had 19 hours a week of visitation I would have discovered what was wrong with Leo or at least been able to counter all the assurances from CPS, CPS visit watchers, CASA’s and the Court that he was doing just fine.
Visitation even though required under the law, it is unequal, prejudicial and primarily based on how wealthy the county is and how wealthy the parent is. Just like the constitutionally required equal justice under the law is violated in legal representation of criminal defendants across the Washington State based on how wealthy the county is and how wealthy the defendant is!
Washington State Justice System Corruption: Denial of Council –
Under Washington State law Leo is entitled to an attorney at the public expense – RCW 13.34.090. He was not given one so I had no way to express my concerns to my son’s legal counsel. Who would have been legally responsible to help him.
Washington State Justice System Corruption And Prejudice: Selling Children Especially Children Of The Low Income –
I pushed my public defender/pretender to speed things up and challenge CPS on my alleged endangering of Leo so I could get Leo back. He looked me straight in the eye and told me “You can be right or you can get your son back! CPS sells children and your son would sell very quickly!” Then he went on to explain to me exactly how CPS gets funding from the state and the federal government for replacing and adopting out children.
He also went on to explain to me that CPS actually targets low income families obtain and market their children since they can’t get effective assistance of counsel and can’t afford to pay expensive attorneys, doctors and psychologists!
After my ineffective attorneys warning, I stopped fighting and just tried to move through the system as fast as possible and Leo paid the price!
The sale of children is illegal in the United States of America And even governmental agencies should be denied Profits for selling children!!!
CPS Corruption And Criminality: CPS Knowing Starvation of Leo – I have already presented Leo’s WIC growth chart above showing evidence of Leo’s starvation.
What I have not presented is the fact that when Leo is returned I was given a Day In The Life of Leo document from CPS showing that he was being fed the wrong type of formula, the wrong amount of formula and the wrong mixture of formula. That resulted in him getting almost 40% less than the prescribed amount of calories he had been prescribed as a preemie infant by the doctors of Providence Hospital!
CPS had his medical records on file they simply never bothered to check them! That was pure negligence and since Leo was actually harmed it was criminal negligence!!! (Documented proof: CPS records)
CPS Corruption: Threatening to Remove Leo –
When Leo was returned he came with five referrals for highly invasive testing that had been obtained prior to their returning him to me. Since, I knew what had happened and had consulted with Dr. Ory – I sure as hell was not going to take Leo in painful and invasive procedures. CPS and the State of Washington had already abused him enough!
CPS threatened to remove him from my care even though I let them know that they had starved him. This time I was not defenseless. Dr. Ory backed me up and they had to back down.
To Be Continued
Come back 10/7/2024 for more of the story, including further abuse of leo by the corrupt CPS and Cops such as placing him with a known sex offender!!!
Washington State Justice System Corruption: The Dishonorable Judge David Mistachkin Of Grays Harbor County: Leo Endangerer, Liar, Perjurer, Law Breaker, Rule Breaker, Oath Of Attorney Breaker, Political Profiteer, Financial Profiteer, Client Betrayer And Abandoner!
Counsel Corruption: Felony Bounties –
In 2017 – 2018 when I I was first arrested and went to trail, public defenders/pretenders were normally paid $75 an hour and received a $1035 bonus for each felony level client they fed through the system and they were allowed up to 150 felony cases per year which is still the current standard for indigent defense. (DOC Court Papers)
Do The Math –
Potential Hourly Annual Wage: 40 hours per week x 50 weeks per year x $75 an hour = $150,000 per year.
Potentially Yearly Bonus: 150 felony cases per year x $1035 bonus per felony case = $155,250 in yearly bonuses.
Now answer me this question – Do you really believe public defenders/pretenders worked hard, fought hard and provided the best defense possible or do you believe, as I experienced, that they tried to quickly force their clients into plea bargains as quickly as possible so that they could more than double their income?!?
My first public defender/pretender Christopher Baum, who I call the Bum was definitely a bounty hunter. He had me in tears at one point while he was trying to force me to take a plea bargain for crimes it did not legally commit! I’ll tell you more about his corruption after the Washington State Supreme Court hearing;
Please be sure to write the Washington State Supreme Court and endorsed the New Standards of Indigent Defense so that no more bounty hunting of innocent people should happen and so that we can reduce the prejudice and corruption in the Washington State Justice System by reducing attorneys like Baum!
David Mistachkin, now judge David Mistachkin, was my second public defender.
Mistachkin Corruption: Law Breaker, Rule Breaker, Oath Of Attorney Breaker –
By writing and signing that order Mistachkin violated:
- RCW 5.60.060 (2)(a): “An attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment.”
- Oath of Attorney, Section 6: “I will maintain the confidence and preserve inviolate the secrets of my client, ….”
- Rules of Professional Conduct 1.7 CONFIDENTIALITY OF INFORMATION: (a) “A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, ….”
Law breaker, oath breaker, rule breaker; yet, he is still allowed to be a sitting judge! Is that the type of Courts you want Washington to have?
Mistachkin Corruption: Leo Endangerer –
This is why I cannot Forgive and will never forgive Mistachkin – I told him exactly how Leo would next be abused by DD and her daughter PD and I begged him to help me protect Leo!!! Instead he betrayed me to protect his political career to become a judge. After all, when you screw up as badly as he did and then have to dismiss a case because of your screw up, then if that information gets out, then your political career’s toast! (DOC: the 28 page ‘Notice of Ineffective Assistance of Counsel’ I filed with the court.)
Leo was abused later in 2018 by his alcoholic mother with the cops and CPS’s full knowledge. Further, they allowed him to be placed with a convicted sex offender. David Mistachkin could have prevented that simply by doing the job that he was supposed to do – Be my attorney and provide a full and effective defense!!!
Mistachkin Corruption: Lier and Perjurer –
In the Matter of the DISCIPLINARY PROCEEDINGS AGAINST Dann, 960 P. 2d 416, 419, 136 Wash.2d 67 (1998) (“RPC 8.4(c) provides that “[it] is professional misconduct for a lawyer to … [e]ngage in conduct involving dishonesty, fraud, deceit or misrepresentation.” Simply put, the question is whether the attorney lied. No ethical duty could be plainer.”)
Mistachkin’s lies were too numerous to even try to list; however, one place where he lists multiple lies is in the same document that he committed perjury in Clerks Paper #70 “Motion and Affidavit to Compel Discovery” where he indicates under oath that he reviewed discovery and needed the name and contact information of a witness to what happened during the break in the forensic interview. The truth was the if he had reviewed discovery, then he would have found that name and the company that person worked for in multiple places throughout the discovery. Further, he would have found out that there were not one but two witnesses to that break. Therefore, he committed perjury, both in indicating that he had reviewed discovery and in indicating that there was no way for him to attain the name contact information for the alleged witness. (DOC Clerks papers #70)
Mistachkin Corruption: Subornation of Perjury –
Mistachkin actually asked me to commit perjury in court to support his simplified defense plan! (DOC Clerks Paper #76 Notice of Ineffective Assistance of Counsel)
Mistachkin Corruption: Political Profiteer and Financial Profiteer –
I have already explained how the $1035 bonus for quickly flipping felony level clients which allowed attorneys to more than double their annual incomes. Mistachkin actually took it one step further and actually announced in court that “I’m not paid enough….” (DOC Court Transcripts 1/26/2018)
Further, Mistachkin actually had the audacity during one hearing to walk over to the prosecutions table and state ” If your boss would pay me what I’m worth I would switch over to your side.” Can you imagine sitting in court and hearing your public defender/pretender say that?
For Mistachkin it was all about the money and the biggest money came from getting elected as a judge and I endangered that so he got rid of me.
Mistachkin Corruption: Asking Indigent Public Defense Clients for More Money to Provide a Full Defense –
Mistachkin wanted more money to provide a better defense; so, I offered to pay him more, if he got all the evidence and won at trial; but, he wanted cash up front.
I even have a letter from another one of his clients stating that Mistachkin wanted $10,000 more to provide a complete defense, which I filed as attachment 14 in some motion. (DOC)
Mistachkin Corruption: Failure To Correct –
Once the attorney-client violations We’re brought up in court Mistachkin should have at the very least corrected the order. He did not!
Mistachkin Corruption: Failure To Seek Dismissal –
The State read three of my confidential-attorney client notes from the discovery after removing them from envelopes addressed to Mistachkin and took two of the larger sets of notes! One of them was read right in front of me. The first attorney-client violation was actually brought up in court.
My case should have been dismissed under State v. Perrow, 231 P. 3d 853, 857, 156 Wash.App. 322 (2010) (“Under Cory, dismissal is the sole adequate remedy when, like here, the State intercepts privileged communications between an attorney and client. …. It is not possible to isolate the prejudice resulting from the intrusion. ….”)
Despite stating that the intrusion into the attorney-client relationship was grounds for dismissal in court and the fact that there is a lot of caselaw supporting dismissal for violation of attorney-client privileged communication, Mistachkin did not pursue dismissal! (DOC: Court records)
Mistachkin Corruption: Conspiracy With the State –
Instead of correcting the order and pursuing dismissal Mistachkin conspired with the state to create a false allegation that I had threatened him. Which the court used to allow him to withdraw and prevent my justified and required dismissal which would have hurt both Mistachkin’s and his opponent judge Ray Kahler politically as my case was a “trophy case.” Kahler was the one who allowed the withdrawal of Mistachkin.
I never made such a threat as with my disabilities especially the ultra-high blood pressure a fight with Mistachkin would have potentially been fatal for me. Plus at the time I was still hoping he would help me.
There is actually case law that says a threat by a client is not a valid reason for an attorney to withdraw. This is especially true since the courts have taser belts and taser vests to protect attorneys and others.
Mistachkin was never in danger, what he was and still is – is a criminal and a shining example of the corruption that exists in the Washington State Judicial System!!!