New Jersey Anti-Stalking Legislation and Advocacy

There is no Due Process at the Monmouth County Prosecutors office but thanks to the FBI, Manhattan DA's office, Marlboro Police and Investigation Discovery Channel there is a record of a crime..... tune in to ID. Stalked: Someone's Watching; Dangerous Games airing Feb 2 at 9:30 am and 3:30 pm

2012-01-23T20:16:00.001-05:00

ID. Investigation Discovery Channel

Stalked: Someone's Watching Television Guide

Stalked: Someone's Watching
Dangerous Games
TV-14 (V), CC

Single mother Karen Welch gets a mysterious call on Christmas Eve. At first, she thinks nothing of it? but before long, she's getting dozens of hang-up calls every day. Follow Dr. Michelle Ward through this shocking game of cat and mouse.

Attorney General Biden Leads Call for Congress to Reauthorize the Violence Against Women Act

2012-01-21T08:32:00.000-05:00

Jan 11, 2012 posted by: Mari Lou-WGMD News

DE AG spearheads push for Congress to reauthorize Violence Against Women Act

Continued federal support essential to protecting families nationwide

Wilmington – Delaware Attorney General Beau Biden and Maine Attorney General William J. Schneider led an effort joined by 51 of their fellow state and territorial Attorneys General to call on the U.S. Congress to reauthorize the federal Violence Against Women Act (“VAWA”) and ensure that vital programs working to keep women and families safe from violence and abuse continue uninterrupted.

“The fight to protect women from violence is an ongoing battle, not a year-to-year issue,” said Attorney General Biden. “I urge congress to reauthorize VAWA so we can build on the lessons and achievements of the past 17 years and reach the millions of individuals and families who continue to need these life-saving services.”

Carol Post, Executive Director of the Delaware Coalition Against Domestic Violence, also stressed the importance of reauthorization. “The Violence Against Women Act has been truly transformative and has impacted every level of our society’s response to domestic violence, sexual assault and stalking,” Post said. “It is imperative that VAWA be reauthorized so that critical services for victims are maintained and vital partnerships with prosecutors, the courts and law enforcement are continued so that perpetrators are held accountable and victims are better protected from further abuse. The work will not be finished until we end the violence.”

In a letter VAWA-Letter-NAAG.pdf sent today to members of Congress, the Attorneys General state that since the initial passage of VAWA in 1994, the national response to domestic violence, sexual assault, dating violence and stalking has been transformed. Crimes that used to be considered private, family matters to be dealt with behind closed doors have been brought out of the darkness and the results have been dramatic. But while national rates of domestic violence have dropped by over 50% in the past 17 years, the issues addressed by VAWA are still very much at the forefront of the crime fight. Tragically, three women are killed each day in the United States by abusive husbands and partners, and for every victim who loses her life, there are nine more who narrowly escape. Attorney General Biden noted a recent tragedy in Delaware in which a young mother was beaten to death by her ex-boyfriend while her three children watched.

Citing the need to maintain services to victims and families on the local, state, and federal level, the Attorneys General called on Congress to pass legislation reauthorizing VAWA. They noted that reauthorization would not only allow existing programs to continue uninterrupted, but would also provide for the development of new initiatives aimed at key areas most in need of intervention. These initiatives include:
• Strengthening prevention and intervention programs. Domestic violence, dating violence and sexual assault are most prevalent among women aged 16-24. Programs will work to combat attitudes among youth which are tolerant toward violence and break the cycle in which women who experience abuse as teens are more likely to be victimized again as adults.
• Improving the response to sexual assault by ensuring coordination among the healthcare, law enforcement, and legal services a victim encounters after an assault to effectively prosecute perpetrators and help victims heal and rebuild their lives.
• Preventing domestic violence homicides by enhancing training for law enforcement, advocates, and others who interact with those at risk. A growing number of experts and researchers agree that these homicides are predictable – and therefore preventable – if we know the warning signs.

The Attorneys General closed their letter to Congress by recalling that when VAWA was first passed in 1994, it was recognition that domestic violence, dating violence, sexual assault and stalking are pervasive issues affecting individuals, families and communities across the nation. They note that the progress that has resulted from strong federal support has been tremendous, but that the struggle goes on. Reauthorizing VAWA, Biden wrote, will send a clear message that this country does not tolerate violence against women and show Congress’ commitment to reducing domestic violence, protecting women from sexual assault and securing justice for victims.

In addition to Delaware and Maine, the states and territories signing on to the letter include: American Samoa, Arizona, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Northern Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming., along with Maine AG William Schneider, led a letter writing campaign among his fellow state and territorial Attorneys General for a re-authorization of the federal Violence Against Women Act. The legislation helps to keep women and families safe from violence and abuse – and a re-authorization of the program allows it to continue uninterrupted. It would also provide for the development of new initiatives to strengthen prevention & intervention programs, improve the response to sexual assault and prevent domestic violence homicides.

NJ Assembly bill 762 creates a civil cause of action for stalking

2012-01-17T20:19:00.000-05:00

The legislation to create a civil stalking statute was prefiled for introduction in the 215th Legislative session that began January 10, 2012. The new assembly bill number is 762. Prime sponsor is Assemblyman Barnes with Assemblyman Caputo as a Co-sponsor. The bill was referred to the Assembly Judiciary Committee. The legislation is detailed on the following link
http://www.njleg.state.nj.us/2012/Bills/A1000/762_I1.PDF

National Institute of Justice Funded Study on Custody Evaluations in Domestic Violence Cases to be shared in early 2012

2012-01-13T10:20:00.000-05:00

Excerpt from the 2009 NIJ Panel Discussion printed below; to listen or read the panel discussion click here

http://nij.ncjrs.gov/multimedia/transcripts/nijconf2009-domestic-violence-custody.htm

Bethany Backes: So I’m gonna be very brief and just say that today we’ll be hearing about two ongoing NIJ-funded studies on custody evaluation. Both studies will be concluding within the year, and the final reports will be available and accessible through the National Criminal Justice Reference Service.

So our panelists today are Dr. Daniel Saunders, a professor at the University of Michigan’s School of Social Work; Dr. Chris O’Sullivan, who is a research consultant currently working with the New York Legal Assistance Group; and the honorable Dale Koche, Koch, sorry, a senior judge with the state of Oregon. And we hope that today is the start of many discussions on this topic. And at this time I just want to ask everyone to please turn off their cell phones or any electronic devices to vibrate or silent. And we’re gonna begin with Dan.

Daniel Saunders: Good morning, everyone. Hope you’re doing well. It’s good to be here with you. Thank you, Bethany, thank you for putting this panel together and for your introduction. And I wanna commend NIJ for making this move into a new area — the family law side of the law.

In the early days, the focus in helping survivors of domestic violence was to make sure that offenders were arrested just like any other offender and that there were restraining order laws and that we had good stalking legislation. And it’s been only fairly recently that advocates and researchers have become aware of the horrible injustice when survivors finally escape from domestic violence and then are faced with continued stalking, harassment, abuse and then, low and behold, the worst trauma that survivors, I think, can ever go through is to get that piece of paper in the mail that says your partner, your ex-partner wants custody of your children. And so the trauma is multiplied times three where women — it’s usually women — are faced with sometimes losing custody to a person, they believe, will continue their abuse — abuse of the children, abuse of them.

Comment by NJ antistalking advocacy: Hallelujah for Dr Dan Saunders and the Dept of Justice for documenting and exposing the abuse of the family court system aka stalking through the courts. For ten years I was repeatedly served with motion papers that accused me of suffering from a multitude of mental illnesses and alleged that I fabricated being stalked. I had good judges who put a stop to the abuse and I had one awful judge who allowed the abuse to occur inside and outside the family court room for two years because he felt that he should re litigate everything. This judge allowed an attorney to ask that I be put in jail each time that I did not take my son to a psychiatrist. My son is not crazy and I am not crazy - and the man who was leaving me threatening voicemail messages 24 hours before and 48 hours after a family court hearing - the same man who interrogated my son for 3 hours at his Eagle Scout Board of Review asking my son if this was a vendetta and quizzing my minor child about family court hearings is dead.

If you are being stalked through the family court start advocating for yourself and your children. Not everyone will listen or help but you will be surprised that there are good people who will not stand for the injustice. File an ethics complaint against the attorney who is filing the vexatious motions. File a complaint against the psychologist who is writing a report about maternal passivity and parental alienation. This is a lengthy process and very draining but you are in the fight for your life and the well being of your children. Fight the good fight and eventually you will win.

UK launches Stalker Treatment Center at Chase Farm Hospital in North London

2012-01-01T15:57:00.000-05:00

http://www.bbc.co.uk/news/uk-16082311

Stalker treatment centre launched

Stalking, due to modern technology, is believed to be on the rise

A new medical service for England and Wales specialising in treating stalkers is due to be launched.

The National Stalking Clinic is believed to be the first of its kind in the world.

According to the British Crime Survey one-in-five women and one-in-10 men aged 16 or over have been victims of stalking in its various guises.

BBC home affairs correspondent Danny Shaw said until now stalkers were prosecuted but not treated.

Dr Frank Farnham, a consultant psychiatrist who has helped set up the new service, said: "If we can treat stalkers, then we can save lives.

"There is great need for a co-ordinated national service that can provide specialist advice and treatment.

"The psychological impact on victims is corrosive, with many suffering months and, in some cases, years of harassment leading to a variety of illnesses including anxiety, depression and post-traumatic stress.

'Mentally draining'
"Victims live in a permanent state of hyper-alertness which is physically and mentally draining."

Our correspondent said offenders who made unwanted phone calls, sent unsolicited emails, followed or harassed the objects of their affections were usually subject to restraining orders.

But under the new approach courts will be able to refer stalkers for assessment, treatment and rehabilitation.

They will be dealt with by a team of medical experts based at Chase Farm Hospital in Enfield, north London.

Doctors running the service say an 18-month course of treatment will cost up to £10,000 but they claim it will be cheaper and more effective than a short prison sentence.

But Dr Farnham said a typical assessment could cost between £1,500 and £2,000 and would be paid for by the court which sentenced the individual.
'Devastating'
Alexis Bowater, chief executive of UK charity Network for Surviving Stalking, said: "The launch of this clinic is a groundbreaking move and makes the UK one of the world leaders in tackling this devastating crime.

"The treatment and rehabilitation of stalkers is vital if we are to stop lives being lost to stalking."

Home Office minister Lynne Featherstone said: "I'm pleased to support the launch of this unique clinic that aims to prevent stalkers from reoffending.

"I've made stalking one of my priorities and it's included in the government's report Call To End Violence Against Women and Girls.

"We're also asking people for their views on how the police should tackle this devastating crime and whether current laws are adequate," she added

Presidential Proclamation -- National Stalking Awareness Month, 2012

2011-12-30T16:53:00.000-05:00

The White House

Office of the Press Secretary

For Immediate Release

December 28, 2011

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

In our schools and in our neighborhoods, at home and in workplaces across our Nation, stalking endangers the physical and emotional well being of millions of American men and women every year. Too often, stalking goes unreported and unaddressed, and we must take action against this unacceptable abuse. This month, we stand with all those who have been affected by stalking and strengthen our resolve to prevent this crime before it occurs.

Stalkers inspire fear through intimidation, explicit or implied threats, and nonconsensual communication often by telephone, text message, or email that can cause severe emotional and physical distress. Many victims suffer anxiety attacks, feelings of anger or helplessness, and depression. Fearing for their safety, some are forced to relocate or change jobs to protect themselves. And, tragically, stalking can be a precursor to more violent offenses, including sexual assault and homicide. The consequences of this crime are real, and they take a profound and ongoing toll on men, women, teens, and children across our country.

Despite the dangerous reality of stalking, public awareness and legal responses to this crime remain limited. New data show that one in six women and one in 19 men have experienced stalking that caused them to be very fearful or feel that they or someone close to them were in immediate physical danger. Among men and women alike, victims are most commonly stalked by current or former intimate partners, and young adults are at the highest risk for stalking victimization. Though stalking can occur in any community, shame, fear of retribution, or concerns that they will not be supported lead many victims to forego reporting the crime to the police. As we strive to reverse this trend, we must do more to promote public awareness and support for survivors of stalking.

My Administration is working to advance protection and services for stalking victims, empower survivors to break the cycle of abuse, and bring an end to violence against women and men. With unprecedented coordination between Federal agencies, we are promoting new tools to decrease the incidence of domestic violence, sexual assault, dating violence, and stalking, and we are taking action to ensure perpetrators are held accountable. To reinforce these efforts, advocates, law enforcement officials, and others who work with victims must continue to improve their capacity to respond with swift and comprehensive action. From raising awareness to pursuing criminal justice, all of us have a role to play in stopping this senseless and harmful behavior.

This month, let us come together to prevent abuse, violence, and harassment in all their forms and renew our commitment to bring care and support to those in need.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim January 2012 as National Stalking Awareness Month. I call on all Americans to learn to recognize the signs of stalking, acknowledge stalking as a serious crime, and urge those impacted not to be afraid to speak out or ask for help. Let us also resolve to support victims and survivors, and to create communities that are secure and supportive for all Americans.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty eighth day of December, in the year of our Lord two thousand eleven, and of the Independence of the United States of America the two hundred and thirty-sixth.

BARACK OBAMA

Enero es el Mes Nacional de la conciencia acecho

2011-12-29T09:10:00.000-05:00

El acecho es real
Se puede pasar a cualquiera
Es peligros
Oy es un crimen

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By Lockerz

N.J. victims of stalking would be able to sue under bill cleared by Assembly

2011-12-22T10:40:00.000-05:00

Monday November 28, 2011, 12:04 PM

BY MATT FRIEDMAN

STATE HOUSE BUREAU

State House Bureau

Victims of stalking would be able to sue under a bill cleared by an Assembly panel this morning.
The measure (A4086) would allow stalking victims to sue their stalkers for compensatory and punitive damages, as well as legal costs. While stalking is a criminal offense, civil cases require a lower burden of proof.
The bill’s sponsor, Assemblyman Peter Barnes III (D-Middlesex), said 10 states already have a similar law on their books.
“New Jersey, if this bill is release and if it’s signed, will become one more state that recognizes a civil cause of action for stalking,” said Barnes.

http://www.nj.com/news/index.ssf/2011/11/victims_of_stalking_would_be_a.html

Where the victim resides is where the investigation is handled....

2011-12-16T20:14:00.000-05:00

The only county in NJ not complying with the dictate "where the victim resides is where the investigation into the crime is handled" is Monmouth County. The only county in NJ not prosecuting stalking cases is Monmouth County. Pete Warshaw needs to resign as prosecutor. Pete is all about being in the press talking about the murder cases he is handling - how about preventing the murder?

If you are the victim of domestic violence or stalking in Monmouth County you are collateral damage as far as the prosecutors office is concerned. When you are murdered you become an opportunity for Prosecutor Warshaw to address the media. Monmouth County does not provide crime victims with victim witness advocates and they dismiss cases based on prosecutorial discretion prior to an investigation into the crime.

If you want to commit the act of stalking or domestic violence in NJ and your victim resides in Monmouth County, your crime will never be investigated or prosecuted unless or until you murder you victim. Criminals are free to torture their victims without any repercussion in Monmouth County.

Senators call for investigation into 'stalking apps'

2011-10-25T20:37:00.002-04:00

http://www.echopress.com/event/article/id/89106/group/News/

Today, U.S. Sens. Al Franken (D-Minn.) and Chuck Grassley (R-Iowa) led a bipartisan group of Senators in calling on key federal agencies for an investigation into mobile phone “stalking apps.” The apps are designed to allow domestic abusers and stalkers to secretly track a victim’s movement and location, read a victim’s email and text messages, or listen to a victim’s phone calls – all without the victim’s knowledge or consent.

Sens. Franken and Grassley wrote a letter to the Federal Trade Commission and the Department of Justice and urged the agencies to determine whether such apps are legal under current law. The letter was also signed by Sens. Amy Klobuchar (D-Minn.), John Cornyn (R-Texas), Richard Blumenthal (D-Conn.), Lindsey Graham (R-S.C.), Sheldon Whitehouse (D-R.I.), Charles Schumer (D-N.Y.) and Dianne Feinstein (D-Calif.).

“Stalking apps are dangerous,” the senators wrote in the letter. “We ask that you quickly determine if they are also illegal. If so, we ask that the Department of Justice and the Federal Trade Commission use their full force to investigate and prosecute those behind the development and marketing of these products for illegal stalking.”

Stalking apps are directly marketed to individuals seeking to secretly track their spouses and intimate partners. “Worried about your spouse cheating?” one apps’ website asked, offering the ability to “Track every text, every call and every move They make Using our easy Cell Phone Spy Software.” Other apps make similar claims, telling users that they can “track her movements throughout the day” or even “tap her actual phone call.” According to 2006 Bureau of Justice Statistics data, some 26,000 Americans are victims of GPS stalking annually, including by cell phone – although most advocates believe that number if considerably larger in 2011.

The letter cites an example of a victim from St. Louis County, Minnesota, who was tracked by her abuser through her smartphone during her trips to various county buildings to obtain an Order of Protection against him. This example was drawn from testimony submitted by the Minnesota Coalition for Battered Women and the National Network to End Domestic Violence to the Senate Judiciary Subcommittee on Privacy, Technology and the Law, which Senator Franken chairs.

Tags:news, updates, politics, technology

Litigation Abuse, Parental Alienation and the Family Court

2011-09-07T17:24:00.001-04:00

http://www.ncjfcj.org/images/stories/dept/fvd/pdf/judicial%20guide.pdf

The above link connects you to a free guide entitled " A Judicial Guide to Child Safety in Custody Cases" prepared by the Family Violence Department of the National Council of Juvenile and Family Court Judges

C. [§3.3] A Word of Caution about Parental Alienation

Under relevant evidentiary standards, the court should not accept testimony regarding

parental alienation syndrome, or “PAS.” The theory positing the existence of PAS has been

discredited by the scientific community. In Kumho Tire v. Carmichael, 526 U.S. 137 (1999),

the Supreme Court ruled that even expert testimony based in the “soft sciences” must meet

the standard set in the Daubert case. Daubert, in which the court re-examined the

standard it had earlier articulated in the Frye case, requires application of a multi-factor

test, including peer review, publication, testability, rate of error, and general acceptance.

PAS does not pass this test. Any testimony that a party to a custody case suffers from the

syndrome or “parental alienation” should therefore be ruled inadmissible and stricken from

the evaluation report under both the standard established in Daubert and the earlier Frye

standard.

ABA study urges NJ ethics committees be abolished - August 2011

2011-08-19T10:34:00.002-04:00

ABA Panel Suggests Attorney Discipline Be Wrested From District Committees
http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202509474397&hubtype=MAIN%20PAGE&slreturn=1&hbxlogin=1

Michael Booth

New Jersey Law Journal

August 3, 2011

An American Bar Association panel is recommending an overhaul of New Jersey's attorney disciplinary system, suggesting first and foremost that the functions now handled by the district ethics committees be assumed by the Office of Attorney Ethics.

The NJ Supreme Court has published the report from the ABA

http://www.judiciary.state.nj.us/notices/2011/n110803a.pdf
and is soliciting comments through Friday, September 30, 2011

Comments on this report may be submitted by Internet e-mail to Comments.Mailbox@judiciary.state.nj.us

My personal experience at an April 2011 district ethics hearing supports this recommendation. I filed a complaint against an attorney who served a subpoena on the Marlboro Police to obtain all of the police reports that I filed relating to my stalking. This subpoena was served without any litigation pending. Judge Michael Guadagno's opinion in the case on the illegal use of subpoena became a published opinion. This attorney kept the improperly obtained police reports and after Judge Guadagno was transferred to another county, the attorney began filing motions against me using the police reports. Those motions also termed vexatious litigation lasted for two years and abused me and my family financially and emotionally. On the morning of the ethics hearing held at Lomurro Davison Eastman and Munoz, the district secretary barged into a side conference room where i was standing with my attorney and the prosecutor. The district secretary, who is at least twice my size, began screaming at me while walking towards me causing me to eventually back up against a wall. The District Secretary was upset about the submission of a victim impact statement. With my back firmly against a wall, I told the district secretary that their behavior was abusive and if they did not stop screaming at me, I would leave the room. At that point the district secretary told me that if I left the room, the district hearing would be cancelled. I had no choice but to endure the abuse. The attorney brought up on ethics charges was a former member of this panel and as my attorney explained to me likely a friend of the ethics secretary. This behavior by the ethics secretary was unethical and meant to intimidate me before I testified. Local ethics committees need to be abolished.

Kudos to Assemblyman Peter Barnes for crafting legislation to create a civil stalkng law for NJ

2011-07-10T10:48:00.001-04:00

Here is a link to A 4086;
http://www.njleg.state.nj.us/2010/Bills/A4500/4086_I1.HTM

NJ stalking victims will soon have a new remedy to resolve their stalking and effectively remove their stalker from their lives. The civil stalking law will turn the tables on the vengeful bull dog stalker who relentlessly pursues their victim for years causing irreparable harm.

NJ's criminal stalking law is not vague. The current NJ criminal stalking law was crafted based on my case of third party stalking by the police who were helping me. The legislation was in place in the summer of 2009 when my stalking escalated. The Monmouth County Prosecutors office declined my case because I had not been physically harmed. If I was homicide victim after being stalked and tortured for over a decade, prosecuting the case would have been a slam dunk. While I was still alive, too much effort would have been required and too many valuable resources expended to uphold the law and prosecute the case. I wasn't murdered because I was fortunate to receive help from the FBI. In six weeks the FBI identifed the third party stalker. In 13 years, the Monmouth County Prosecutors office did nothing to stop the stalking.

The problem with the criminal stalking law is the people in place in NJ that are tasked to uphold the criminal stalking law either don't care or are too lazy to mount a case. No one in Trenton is bothering to hold them responsible.

A civil stalking law will give victims the necessary tool to fight back.

NJ bill would allow stalking victims to sue in civil court June 2011

2011-07-10T10:09:00.000-04:00

http://www.cliffviewpilot.com/beyond/2475-nj-bill-would-allow-stalking-victims-to-sue-in-civil-court

Thursday, 16 June 2011 14:09 Jerry DeMarco

Lawmakers in Trenton are considering a measure that would give stalking victims the chance to sue in civil court for monetary damages, even if the accused stalker hasn’t been criminally convicted -- or even charged.

Ten other states have already put such civil measures in place, giving stalking victims greater recourse, notes Assemblyman Peter Barnes of Middlesex County, who is sponsoring the New Jersey bill.

In a criminal prosecution, convictions require a judge or jury find the defendant guilty beyond a reasonable doubt. In a civil court, however, all that’s needed is a preponderance of evidence.

“In a prosecution for stalking, elements of the offense can be difficult to establish; for example, evidentiary issues involving physical or corroborating evidence of a stalking may not be readily available,” the measure introduced this week says. “It is the sponsor’s view that this lower standard of proof for civil actions will enable victims of stalking to receive compensation for the damage caused by the unlawful behavior.”

A-4086 would make a civil wrong of conduct prohibited under the state’s criminal stalking statute, "whether or not the individual has been charged or convicted for the alleged violation, for damages incurred by the victim as a result of that conduct, in addition to the costs for bringing the action."

If compensatory damages are awarded, victims could seek punitive damages, as well, the proposed bill says, defining a “victim” as anyone “placed in reasonable fear for his own personal safety or for the safety of a minor child of whom the person is a parent or legal guardian.”

The other states that have created similar laws: California, Kentucky, Michigan, Nebraska, Oregon, Rhode Island, South Dakota, Texas, Virginia and Wyoming.
The proposed civil measure mimics New Jersey’s criminal statutes, which some critics call vague.

Stalking in New Jersey doesn’t require “Fatal Attraction”-like behavior. The stalker doesn’t even have to make direct contact with a victim to be charged. It could involve “repeatedly maintaining visual or physical proximity to a person (directly or indirectly) or through third parties by any action, including electronic,” as well as “repeated acts of harassment.”

June 19, 1998 scary movie call - AT&T answering machine tape just out of the evidence vault June 17, 2011

2011-06-17T19:23:00.001-04:00

Governor Christie - I shouldn't have to learn about Joe's suicide note from the Nordstrom sales associate who sold me a Tory Burch handbag 16 months after Joe committed suicide!! Why did the Monmouth County Prosecutors office fail to use NJ's stalking law A1563?

2011-06-05T12:36:00.007-04:00

The Monmouth County Prosecutors office is not upholding the laws of the state of NJ.

We have a law on the books that protects women and men from stalkers.

http://law.njstatelib.org/law_files/njlh/lh2009/L2009c28.pdf

That law took effect March 21, 2009. That law was sponsored by over 40 of our Senate and Assemblymen and women and unanimously passed.

The legislation A1563 updated the current NJ stalking law to incorporate third party stalking. My decade long case of third party stalking that began on Christmas Eve in 1997 when someone using the voicechanger from the movie "Scream" called my home to recite dialogue from the movie was the impetus to update the stalking law. I was stalked to Disney World on my birthday and it was the voice from the movie "Scream" calling my hotel room to sing Happy Birthday to me. Under the current law written by Marlboro Sgt Yenisey and Manalapan Chief Brown based on my case, the criteria to launch an investigation into a stalking is course of conduct, pattern of behavior.

I have a letter from Michael Cunningham at the Monmouth County Prosecutors office dated May 14, 2009 that alerts me to the fact that the new stalking legislation that took effect in March 2009 based on my case of third party stalking is not retroactive. However, Mr Cunningham writes that should my case of third party stalking escalate, my new law will be used to help me.

My stalking escalated into a series of threats in August of 2009 that occurred 24 hours before and 48 hours after a family court hearing.   In one of the voicemail threats, the third party stalker told me " I've got your cell phone number and that is not all I have - you are going to get yours". ID Discovery Channel used two of the actual messages in the documentary they filmed on my stalking entitled Stalked Someone's Watching Dangerous Games ( the show is available on itunes). I attached above the threatening phone call they did not use. The third party stalker was calling me and hanging up in June 2009, 4 hours before my flight departed Newark airport and 4 hours before my return flight was scheduled to take off. My itinerary was displayed on my American Express statement. The day after I began to receive threatening messages, a man on Elizabeth St in NYC began to use my credit card to order food and deliver it to his apartment.

In August of 2009 the Monmouth County Prosecutors office declined the case because I had not been physically harmed. Other than taking a police report, the Marlboro Police were prohibited from helping me. The new stalking law that was in effect when my stalking escalated did not require me to be a homicide victim or the victim of attempted murder. I reached out to Lynn Rosenthal at the White House Office on Violence Against Women and I drove a copy of the CD that contained the threats to FBI Agent Gallagher who deemed them credible threats.

Sandy Clark from the NJ Coalition for Battered Women phoned Deputy AG Kristianson who then reached out to AP Brennan to tell him that the AG's office wanted him to use my law to help me. In Sept of 2009 Brennan sent detectives into NYC to question the man using my Amex card to order food and deliver it to his apartment. The man in NYC who was subletting an apartment on Elizabeth St that was two doors down from the 5th precinct admitted to the crime however instead of calling for back up from the NYPD to make the arrest, the detectives turned around and went back to NJ .

In six weeks, FBI Agent RJ Gallagher and Marlboro Sgt Yenisey identified the third party stalker when he used his credit card to repurchase minutes to his throw away cell phone. Assistant US Attorney McKenna was in charge of my federal stalking case.   The third party stalker admitted to stalking and threatening me and then he lawyered up. The stalker through his attorney was attempting to plead down to a lesser charge but the US Attorneys office was not permitting him to do so. To avoid facing federal prosecution, the third party stalker committed suicide on Jan 4, 2010.

On Jan 5, 2010 Governor Christie appointed Assistant US Attorney McKenna to the position of Director of Homeland Security. McKenna handed down my file to the Monmouth County Prosecutors office who informed me about Joe Pate being identified as the third party stalker and also informed me about identification of the man in NYC who was using my Amex card. I was told there would be an investigation into the suicide. Joe was a third party stalker yet somehow he knew every detail about me.

AP Brennan never answered any of my questions about the suicide.  The MCPO waited 5 months to follow up on the man in NYC fraudulently using my Amex card and by that time according to NYPD Detective Oliver and Bureau Chief Salwen at the Manhattan DA's office the suspect had packed up his sublet and left NYC.   Did the Monmouth County Prosecutors Office really think that this criminal was going sit in his apartment in NYC for five months and wait for them to return with handcuffs?

I never received a reply from AP Brennan about the questions I asked following Pate's suicide. However, I got answers from the Nordstrom sales associate who sold me a new Tory Burch handbag to take on vacation last month. This lovely young woman who patiently spent time finding the perfect handbag for me misspelled my name on the delivery tag.  I asked her to correct the spelling of the name because I explained that I had a problem in the past with a stalker and when I check into the hotel I am going to change the name on the room and I did not want the item to get lost. The next sentence out of her mouth was "Joe Pate stalked you". When I asked her if she saw the ID Discovery Channel show, she told me that she was a member of the First Aid Squad who was the first responder to the suicide. I learned about the suicide note from the Nordstrom sales associate. I learned that this was not his first attempt at suicide. I learned that Joe was friends with a police officer and called the officer before he lit the fire that killed him. I should not have to learn specifics about a case where I was a crime victim from a sales associate at Nordstrom. I would expect that the people paid by my tax dollars to investigate and prosecute the crime would be the people who should have answered my questions that I posed 16 months ago in a series of emails.

I never got any answers from the Monmouth County Prosecutors office but in addition to a lovely new Tory Burch turnlock mini bag in chambray I got details about the case that I never knew but details I later confirmed to be correct with the police.  I am shocked and dismayed that these were details that the Monmouth County Prosecutors office never bothered to look for and are only aware of thanks to me.

Governor Christie - you were the Governor in mid January 2010 when the Monmouth County Prosecutors Office was supposed to be investigating the suicide. You pulled Charlie McKenna off my case to go to work for the State of NJ and that move dumped my case into the inept and bungling hands of the Monmouth County Prosecutors office.   It is time to fire up the State Helicopter and head on down to the Monmouth County Prosecutors office to begin teaching a course in CrimeFighting 101.   You need to clean house.  I suffered through the stalking for 13 years and I refuse to pay taxes towards the salaries of the "team" who bungled the investigation and prosecution of my crime of stalking.

“Creaming:” Why Many DV Victims Don’t Get Help

2011-05-14T09:56:00.001-04:00

http://annecarolinedrake.com/2009/07/10/creaming-why-dv-victims-dont-get-help/

by Anne Caroline Drake July 10, 2009

Kudos to Anne Caroline Drake for eloquently and honestly bringing issues and problems with the "system" charged with addressing violence against women into focus... I am reprinting her article here as I just read it yesterday... almost 2 years later the "system" is still creaming.

Today I’m blowing the whistle on a corrupt system. I promised myself when I started this site that I would only write positive stories. But, I think it is time for y’all to know the truth about how the system operates. . .notice I did not use the word “works.”

While I was researching the story of Nancy Tyler yesterday, I discovered the story of Alice Morrin in the Hartford Courant.

Both women were trying valiantly to survive relationships with pit bull abusers. Both women frantically contacted friends for help. Nancy survived. Sadly, Alice did not.

Linda Blozie of the Connecticut Coalition Against Domestic Violence was quoted in articles about each of them:

. . .the onus gets placed on the victim to keep themselves safe. . .

. . .there’s always some kind of trigger point that would put someone more at danger. I don’t know if you can ever predict that someone is going to be murdered.

Those of us who have survived domestic violence know the first statement is ever so true, and the last sentence of the second statement is pure bullshit. You don’t have to be a rocket scientist to predict that Richard Shenkman would burn down the house before he’d surrender possession to Nancy. He’d done it before.

Neil Jacobson and John Gottman published their excellent book When Men Batter Women: New Insights into Ending Abusive Relationships in 1998. The book clearly explains the difference between a “cobra” and a ”pit bull” abuser.

The domestic violence system deals fairly effectively with people fleeing “cobra” abusers. Why does the system so frequently fail people fleeing “pit bull” abusers?

Creaming

“Creaming” is a non-profit term for the practice of accepting clients who present a quick and easy fix. . .like skimming cream off the top of an old-fashioned butter churn.

It’s relatively easy to get free from a “cobra” abuser. All you have to do is call in sick and wait for him to leave for work. By the time he comes back home, you can be safely relocated. He’s not likely to hunt you down or stalk you. He’s more likely to slither on to his next victim.

But, “pit bull” abusers don’t let go. They stalk. They engage in litigation abuse. They destroy careers. They burn down houses and kidnap people. And, when they realize the relationship is, in fact, over, they kill. Their victims need lots of help and resources to survive.

When they don’t, their murders present fantastic fund raising opportunities for domestic violence agencies.

I’m blowing the whistle because I know for sure that Crystal Brame and Rebecca Griego both called domestic violence agencies. Crystal also called NOW. Rebecca worked for the University of Washington which bragged about their workplace safety program for DV victims, but they did nothing to protect her. Crystal and Rebecca did everything they knew how to do to stay alive. But, the system failed them miserably.

Vernetta Cockerham similarly did everything she knew how to do to protect her daughter. But, the cops let her down.

What leaves me furious is that the people who were paid to protect them didn’t. And, most of them still have their jobs.

We need to start holding the system more accountable. Like the good folks in Connecticut, we need to start asking hard questions. Why wasn’t Richard Shenkman in jail? He’d been terrorizing Nancy Tyler for years. Yes, he got arrested. Several times. The judges always grant his bail requests. He’s yet to be prosecuted. Why?

We also need to be vigilant about who gets Violence Against Women (VAW) funding from the Department of Justice (DoJ). They dispense the bulk of their funding to domestic violence agencies and police departments. Some do wonders with the funding they receive, but others let us down. We need to lobby our elected federal representatives and the DoJ to make sure VAW funds are increased for agencies who get the job done, and funds to the rest get cut or eliminated.

No more excuses.

Stalked: Someone's Watching, Season 1 Available on ITunes

2011-05-05T22:49:00.000-04:00

http://itunes.apple.com/us/tv-season/stalked-someones-watching/id413746152

Description

Watch as everyday people become victims of relentless stalkers in Stalked: Someone’s Watching. From an emotionally abusive ex-boyfriend, to a “friendly” new neighbor, to a harmless crush gone awry, hear from the victims themselves, if they were lucky enough to survive.

Name Description Time Price

1 TV-14VideoNowhere to Run After three years of emotional abuse, 28 year old Peggy Klinke breaks it off with boyfriend Patrick Kennedy. When Patrick begins watching Peggy's every move, police offer little to no help, leaving Peggy to take matters into her own hands. 21:35 $1.99 View In iTunes

2 TV-14VideoNeighborhood Watch When "Mary" moves to a quiet DC suburb she finds a new best friend in her next-door neighbor Jane. But before long it's clear that there's something strange about Jane. Uncomfortable, Mary tries to distance herself but Jane won't be stopped. 21:35 $1.99 View In iTunes

3 TV-14VideoToo Close to Home When single mother of two, Harvette Williams, gives her business card to Kevin Gary, she has no idea that she's inviting an obsessive stalker into her life. Dr. Michelle Ward looks at what happens when a harmless crush turns into a dangerous obsession. 21:34 $1.99 View In iTunes

4 TV-14VideoBehind the Shield Police officer Amy Johnson is happily married to Dustin Hall for four years when in the blink of an eye, he becomes a different man. As a cop, Amy is convinced she can handle it on her own until Dustin finally goes too far. 21:34 $1.99 View In iTunes

5 TV-14VideoDangerous Games Single mother Karen Welch gets a mysterious call on Christmas Eve. At first, she thinks nothing of it, but before long, she's getting dozens of hang-up calls every day. Follow Dr. Michelle Ward through this shocking game of cat and mouse. 21:32 $1.99 View In iTunes

6 TV-14VideoTeenage Obsession In 1996, outgoing Cameron Wallace meets shy Ryan Clutter in a high school art class. The two are only acquaintances but Ryan soon becomes obsessed with her. And little does she know that Ryan will stalk her for the next ten years. 21:32 $1.99 View In iTunes

Total: 6 Episodes

Stalked: Someone's Watching Episode 5 Dangerous Games Feb 27 at 7:30pm

2011-02-22T21:48:00.001-05:00

ID Investigation Discovery Channel
Feb 27, 7:30 pm est
(30 minutes) Stalked: Someone's Watching

Dangerous Games

TV-14 (V), CC
Single mother Karen Welch gets a mysterious call on Christmas Eve. At first, she thinks nothing of it? but before long, she's getting dozens of hang-up calls every day. Follow Dr. Michelle Ward through this shocking game of cat and mouse.

Verizon Wireless aiding stalkers in NJ and across the United States

2011-02-13T18:43:00.003-05:00

Verizon Wireless boasts the largest nationwide network and recently the reach of the network took a startling turn when 8 months after the third party stalker committed suicide, someone began tracking me through the GPS locator in my Blackberry. The response from Verizon Wireless "We are sorry for your inconvenience". Hey VW - you are violating my privacy and putting my life in jeopardy. There are websites out there that enable a stalker to put a cell phone number into the locator and via a satellite, the stalker can find your location within 100 feet of your phone. Verizon is aiding and abetting the stalker by selling me a phone with the GPS tracker switched to the ON position.

Stalked: Someone's Watching "Dangerous Games" February 21 10:30 PM

2011-02-09T19:51:00.003-05:00

Tune in for episode 5 of Stalked: Someone's Watching

http://investigation.discovery.com/tv-schedules/series.html?paid=141.15373.130559.40124.5

Feb 21, 10:30 pm (episode premier)

(30 minutes)

Stalked: Someone's Watching

Dangerous Games

TV-14 (V)
Single mother Karen Welch gets a mysterious call on Christmas Eve. At first, she thinks nothing of it? but before long, she's getting dozens of hang-up calls every day. Follow Dr. Michelle Ward through this shocking game of cat and mouse.

Thank you Atlas Media Productions for picking my decade long story of stalking to weave into a documentary. The segment includes Marlboro Police Sgt Ross Yenisey who not only wrote the NJ stalking law for me based on my case of third party stalking but also worked with the FBI to apprehend the third party stalker. Also on camera is my NY attorney Brian Sullivan who rode shot gun with me guiding me through the legal system and strategizing the game of cat and mouse. Last but not least, thank you to my dear friend Lisa Tischendorf whose endless support has kept me sane through the insanity.

Stalked: Someone's Watching The Mary Walker Story

2011-02-07T23:33:00.000-05:00

ID. Stalked: Someone's Watching ....Psychology of Stalking

2011-02-01T20:21:00.000-05:00

The Psychology of Stalking
by Colleen Cancio

edited by Kevin P. Allen

http://investigation.discovery.com/investigation/stalking/stalking-psychology.html

For many people, the idea of stalking calls to mind a creepy psychopath lurking in the shadows with a pair of binoculars trained on a beauty queen or Hollywood starlet. But the reality of stalking is much more mundane. The vast majority of stalkers were once romantically or socially involved with their victims. In many cases, the obsessive behavior began before the relationship ended.

Loosely defined, stalking refers to one person's obsessive behavior toward someone else and the fear that it causes. Stalking is rooted in the need to gain control or power over the person being stalked. According to the U.S. Department of Justice, it most often involves attempts to make contact with the object of the stalker's obsession. These unwanted communications may be friendly or romantic, though more commonly they're designed to frighten, intimidate, or embarrass their targets. Other common forms of stalking include lying in wait or spying on someone, as well as making unannounced visits to the victim's home. In extreme cases, stalking can be accompanied by breaking and entering, vandalism, acts of violence or even murder.

Historically, stalking has been a difficult crime to prosecute. Stalkers are often adept at intimidating or harassing their victims while keeping a distance. The good news is that over the past two decades, all 50 states and the District of Columbia have passed laws to address stalking.

In this article we examine the psychology of stalking, including the motivations for such behavior and what victims can do to protect themselves. But first, let's take a quick look at who's stalking whom in the U.S.

There is no clear profile of a stalker, though people with problems such as substance abuse or a personality disorder are more likely to engage in stalking behavior. And although both men and women are known to stalk and be stalked, the vast majority of stalkers are male and the bulk of victims are female.

Generally speaking, the motivations for stalking are different between male and female stalkers, with women more often targeting people within their work environment. According to a study by a team of Australian researchers, women are also more likely to seek an intimate relationship with the object of their obsession, while men's motivations for stalking range from a desire to be intimate to an urge to dominate or inflict harm.

People in certain professions are more vulnerable to being stalked, especially those in which a person has close contact with lonely and disturbed individuals. For example, physicians and psychiatrists are common targets for stalking. This is because the medical professional's role as caregiver can be misinterpreted as romantic interest.

Keep in mind that since most instances of stalking involve current or former intimate partners, there may be warning signs during the relationship. Some examples are extreme jealousy, an urge to dominate one's partner, and an inability to sympathize with his or her point of view. Many people display these behaviors in mild forms. But when it begins to escalate, it may indicate a serious problem. In the next section, we look at when and how low-level stalking can grow to include more serious criminal activity.

Next: Who's stalking whom?

INVESTIGATION DISCOVERY STALKED: SOMEONE'S WATCHING

2011-01-24T22:59:00.000-05:00

INVESTIGATION DISCOVERY EXPOSES CHILLING STORIES
OF DANGEROUS OBSESSIONS IN STALKED: SOMEONE’S WATCHING

– In Recognition of National Stalking Awareness Month in January, Investigation Discovery Showcases the National Center for Victims of Crimes’ Stalking Resource Center –

(Silver Spring, MD) – From obsessed former lovers to unrelenting acquaintances fueled by the thrill of the chase, stalkers can have a range of motivations, but all instill a perpetual fear within their victims. With over three million people falling victim to stalking in the United States each year, this widely misunderstood crime reaches far beyond celebrities and people in the public eye. STALKED: SOMEONE’S WATCHING profiles six emotional stories of stalking victims and explores the twisted psychology of the people who relentlessly pursued them. As the first president to issue a National Stalking Awareness Month proclamation, President Obama earlier this month helped focus national attention on this serious crime and stressed the challenges in recognizing and combating stalking. In recognition of National Stalking Awareness Month, STALKED: SOMEONE’S WATCHING premieres on Monday, January 24 at 10:30 PM ET on Investigation Discovery, America’s leading investigation network and the fastest growing network in television.

“Nearly 80 percent of women who were murdered by an intimate partner were stalked by that partner prior to their murder, so dismissing stalking as a nuisance can be a grave mistake for victims and law enforcement,” said Henry Schleiff, president and general manager of Investigation Discovery. “In connection with National Stalking Awareness Month and ID’s ongoing commitment to support the Department of Justice’s commemoration of the Violence Against Women Act, we hope that STALKED: SOMEONE’S WATCHING will help to raise awareness of the dangers of stalking, provide effective measures to protect oneself and inform communities about the need for stronger stalking laws.”

Leading viewers through these tales of obsession is Michelle Ward, PhD., a criminal psychologist whose expertise is neuroscience and who has personal experience as a stalking victim. Throughout each episode, Dr. Ward provides insight into the possible thoughts and motivations of the stalker and offers viewers important information that they can use to protect themselves. Viewers receive practical tips such as: alert law enforcement if you believe you are being stalked; document all interactions between yourself and your alleged stalker in a detailed log; inform your family, friends, neighbors and coworkers with a description of your alleged stalker; and develop a safety plan that includes varying daily schedules and avoiding traveling alone. The stories covered in STALKED: SOMEONE’S WATCHING include intimate partners stalking their former loves; neighbors who become compulsively vindictive as friendships cross the line; and, acts of relatively random stalking where the culprit barely knows their victim or where their interest develops from a seemingly harmless crush into a dangerous obsession. Victims and their families also recount their personal experiences and provide first-hand insight into effective steps they took to protect themselves from the insidious behavior employed by their stalkers.

The first story profiled on STALKED: SOMEONE’S WATCHING contributed directly to January being designated in the United States as National Stalking Awareness Month. Peggy Klinke’s family has transformed her tragic death into a rallying cry to strengthen stalking legislation, educate law enforcement and inform the general public about resources available to victims. Investigation Discovery’s partner, The National Center for Victims of Crime (NCVC), operates the Stalking Resource Center, which has a dual mission to raise awareness of stalking and to encourage the development and implementation of multidisciplinary responses to stalking in local communities across the country. In conjunction with the premiere of STALKED: SOMEONE’S WATCHING and National Stalking Awareness Month, InvestigationDiscovery.com/stalked features resources and videos that present valuable information about protective measures, as well as links to NCVC’s Stalking Resource Center (www.NCVC.org/src), which features comprehensive materials.

STALKED: SOMEONE’S WATCHING is produced by Atlas Media Corporation for Investigation Discovery with Bruce David Klein as executive producer; Lorri Leighton and Cheryl Miller Houser as co-executive producers. For Investigation Discovery, Diana Sperrazza is executive producer, Sara Kozak is vice president of production and Henry Schleiff is president and general manager.

About Investigation Discovery

Investigation Discovery (ID), America’s leading investigation network, is the source for fact-based investigative content about culture, history and the human condition. Providing the highest quality investigative programming focused on fascinating stories of human nature from the past to the present, Investigation Discovery’s in-depth documentaries and series challenge viewers on important issues shaping our culture and defining our world. As the premier authority in real investigations, ID is expanding partnerships with established news organizations and production companies to bring the strongest analytic, factual investigative and current affairs programming to over 70 million U.S. households. For more information, please visit investigationdiscovery.com.

Please visit the Press Website at http://press.discovery.com/us/id/ for additional press materials, screeners, and photography

Failure of the state of NJ to prosecute stalking - January 2011

2011-01-04T19:08:00.001-05:00

Dear Governor Christie and Lt Governor Guadagno,

NJ passed a stalking law in March of 2009 written by the Detective assigned to my case incorporating third party stalking and elevating the level of the crime. The law is not being upheld . When the stalking escalated in the summer of 2009 and I began to receive voicemail death threats, the Monmouth County Prosecutors office declined the case because I had not been physically harmed. I reached out to Lynn Rosenthal at the White House Office on Violence Against Women. The US attorney took control of my case and in 6 weeks the FBI identified the third party stalker who was using a throw away cell phone. The man admitted stalking and threatening me to Marlboro Sgt Yenisey and FBI Agent RJ Gallagher and then he lawyered up.   The man committed suicide on Jan 4, 2010 to avoid facing federal prosecution.

The stalking didn't end with his death. Three weeks after Crime Victim Compensation paid for me to relocate and 3 years after I stopped receiving calls from Spanish speaking men, they began again. I filed the most recent police report on New Years Day and i just received another call from the same number calling me in October.   My pleas for help to Attorney General Dow have gone unanswered.

The third party stalker apprehended by the FBI was calling me 4 hours before my flights to and from Miami in June of 2009. My itinerary was displayed on my American Express card statement. The third party stalker gave my American Express Card to a man in NYC who began to use the card to order food and deliver it to his apartment. American Express found 5 IP addresses accessing my online account. The Monmouth County Prosecutors office sent detectives into NYC in Sept of 2009 to question the man using my credit card but they failed to follow up until months later after Joe's suicide.   The man fraudulently using my Amex card lived 5 doors down from the 5th Precinct in NYC. Now the Manhattan DA is trying to prosecute a case that belongs in NJ and a case that has gone ignored for over a decade.

The Justice Department gave NJ $3.6 million dollars in 2009 to fight Violence Against Women. What happened to the money?

Sincerely,
Karen Welch

C: Vice President Joseph Biden
      Lynn Rosenthal, Director of the White House Office on Violence Against Women
      Susan Carbon, Director of the Violence Against Women Office at the Justice Department