Wed
Sep 12 2007
07:32:am

Hats off to the Daily Times for having the gumption to report the facts on this situation! Great job Rick Laney!

Immigrant: Judge told me to go home

(link...)


“The judge shrugged his shoulders like he didn’t care — then he told me to go back to Nicaragua.

“I told him I have two children and asked what I was supposed to do about my children. The judge said there were Americans here in this country who could take care of my children.”

After the brief discussion, Young reportedly threw Anna Calixto’s request for an order of protection across his desk. Young’s secretary, Amanda Nolan, told The Daily Times Monday that the judge had dismissed Calixto’s request.


Read the whole thing and go buy the paper in case they get pressured to pull this article too! Last night I was able to veiw the breaking news on this thanks to BV's news-o-rama news aggregator. While I could view it via that link it could not be found on the DT's webpages by simply browsing.

Update for additional reporting by WVLT (link...)

UppUppDate over on DailyKos (link...)

Good post! According to

Good post!

According to Young’s office, there was no clerk or court reporter present during the Calixtos’ hearing and there is no transcript, recording or documentation of what was said.
...
RE Knox County, “It would almost never happen here,” Sewell said. “If there’s no actual court reporter, we almost always have a clerk in the courtroom taking notes. That would be very unusual for us — our clerks almost always have documentation of what happens in the courtroom.”

This whole situation appears outrageous.

The DT's Daily Poll

To the jerks who are freepin' the Daily Poll!

You want the world to come to Blount County and yet you show just how dumb you are.

Fine. We don't need a Technology and Research Center here. Fine. Great.

The local spin machine

The local spin machine is in full force today. Not surprising that they want people to be all up in arms on their way to church.

They are spinning the illegal vs legal resident status and trying to frame the message on just what domestic abuse / violence is. From the Tennessee District Attny's Conference Website

(link...)

Types of Abuse

Abuse does not just mean physical abuse. It takes several different forms that I will briefly describe.

1. Emotional abuse can be in the form of repeated verbal attacks. It can be coercing her into doing things that she may find humiliating or against her moral or religious principles.

2. Isolation is a type of abuse. The batterer finds fault with social contacts of the victim including family members. The victims end up with nobody to confide in.

3. The batterer may threaten to take or harm the children if she doesn't do what he wants her to do.

It isn't over yet

There's more to come with this story. Hang on to your hat....

We said that the morning the

We said that the morning the story broke. The spin which the local machine is putting on this makes me more than certain that there is far more to come of this and not in any way they would enjoy.

Ya know, that phrase 'hang on to your hat' means different things to different people. To a farmer it might mean that a tornado is coming. On graduation day it means freedom! I am hoping here you mean the local spin machine is in for a rough ride and the rest of us can celebrate and not that they are going to be bellowing tons of hot air at us!

Interesting choice of colors

Interesting choice of colors on the poll results bar graph.

(link...)

Do you think they will use

Do you think they will use that graphic in next year's tourist booklet?

# of poll responses

The number of responses to that poll is abnormally high for the time of day. (At 6:30 there were 21 votes and it was about 50-50 -- by about 7:30 there were 200 and something votes and it was about 96% in Young's favor. Weird.) Of course, I think the record number of respondents were back when the poll asked something like "should Tommy Hatcher pay the county back for the diploma he purchased with County money?" Sometimes, the poll "changes" dramatically between 11:30 and midnight.

Probably a direct correlation to the number of employees in the Justice Center/courthouse.

I think you've been sitting on the bench too long when you start thinking you only need to mete out justice (and Orders of Protection) for your local buddies. I think I have mentioned that Judge Young once granted a developer an Order of Protection against the Enforcement of Zoning Laws. Later, he reportedly attended a campaign fundraiser on the very site he had "protected".

Who ran against Dale Young last year? I think it was Democrat Charles Clifford. Maybe he would make the time to grant an Order of Protection for a lady in distress. Even if she doesn't look or sound like the rest of us.

The idea that some people

The idea that some people should be deprived of justice based on anything other than what the law says is at the heart of way too many important decisions made here by The People In Charge. I especially love it when the law'n order crowd ignores the law in giving, or not giving, its orders.

I doubt it, but

The poll is obviously stacked, but I wonder if there would be any difference if the the paper had separated the comments about the wife from the comments about the husband?

(I polled in opposition to the statement, in case your wondering)

Stacked ?

Dolly is stacked. This poll is what it is.

Dale Young and five hundred of his closest buddies are simply pandering to the voters who would vote for Bredesen but not Ford. They are shifting the dialog away from themselves and onto the least able to defend themselves.

They are pathetic

STR8UP

Ana's story

After checking out the poll yesterday and voting no to agreeing to Judge Young's statements, I gasped when I saw 71% agreed snd only 21% disagreed (around 6pm) that a person who is legally in our country should be denied basic rights of protection. Ana only
wanted a order of protection, child support order and visitation order. She only wanted her husband to stop harrassing her. Oh by the way, she recieved a bill for the court costs!
I am glad to see that there is some support in Blount County for what is right and wrong.

A&E's Top Small Cities to Live List

Gee, I wonder if this will get a mention in the blurb advising everyone to move to Maryville, TN, on the next A&E List. If the realtors were worried before, they should all be having strokes about now. This story is everywhere:

And then there are a whole lot of crackpot sites where people can't seem to hear "immigrant" without assuming the "illegal" part:

Check out the comments people have posted here:

geeze

Nearly all those comments are from people who can't read. Get ready for the national news outlets and Nancy Grace.

This one is interesting.

(link...)

This woman is here legally and has her papers (they were shown on a local television station tonight following the article in The Daily Times this morning - it can be viewed at (link...) - the CBS affiliate in Knoxville). She has current papers to live and work in the U.S.

The other piece of this story that came out today is that this Blount County judge has been keeping his court "closed" for years. When he takes the bench, he asks everyone to move into the hallway and closes the doors. With nocourt reporters or clerks present, it soundlike this doofus is running his own little twisted version of an American Court (which, by law, is supposed to be open).

Regarding her legal or illegal status, it doesn't matter. Aliens, even aliens whose presence in this country is unlawful, have long been recognized as "persons" guaranteed due process of law by the Fifth and Fourteenth Amendments.

This judge is gonna' end a lengthy career with a few smart-ass comments to Anna Clixton - you can bet the ACLU is already drawing up his removal papers. They operate a Judicial Conduct Board for a reason folks, and this judge will likely be meeting with one in the very near future.

END QUOTE, format is funky tonight R.

I still smell the biggest civil rights lawsuit ever to hit east TN but the ACLU won't be providing that service. They may well seek his removal but the first thing they will do is go to another court to get the order of protection.

Reading 101

Can't these people read for God's sake! Ana came to this country legally. Her children have never lived anywhere but the USA. Where should the children go home to? In Nicrauga a non citizen has to pay a yearly fee to live there. The mother would have to return to the US to work to be able to pay for her children to be "home".

The nutjobs who are taking

The nutjobs who are taking this issue and framing it into one of illegal immigration can read but it simply does not suit their purpose to do so.

If you google for this article

You'll see that the story has been picked up all over the internet at anti-immigration sites. Obviously, these bozos wrap the story up under the false assumption that Mrs. Calixto is ILLEGAL.

Given that and the ridiculous poll results last nite, I'm betting the DT will get lots of letters in support of the Judge. If we want to keep investigative reporting alive in Blount County, we might go to the extra effort of writing into the DT in support of a.) their bravery in printing the article and b.) Mrs. Calixto's legal rights.

The irony is that, in dismissing the case, Judge Young helped the husband, whose immigration status we do NOT know and stepped on Mrs. Calixto who has gone to the trouble to stay legal.

Correction of Daily Times Story

Kudos to Rick Laney and Larry Aldridge (sic?) for the courage to investigate and print this story. There were a few inaccurate statements in the article, due to translation problems, I assume.
Ana Calixto was not accompanied by anyone in the court. Ms. Blevins is a friend and co-worker of Ana's and spoke with her soon after she left the court.
Ana was not seeking an order of protection because of physical abuse by her estranged husband, but because he would yell, scream and insult her when he would come to pick up the childen or to return them. She has never tried to stop her husband from seeing the children even though he refused to pay her any support for them.
As stated above, Ms. Calixto was seeking an order of protection to prove to her husband that he could not do the things he was doing, must pay child support and also to provide for visitation for the children.
Mr. Calixto did not withdraw money from Ms. Calixto's bank account. Ana stated that Mr. Calixto gave her a debit card of some sort for $50.00 but she could use it because it was in his name. This was lost in translation.

So she and her husband were

So she and her husband were alone in that room with the Judge and his staff? No attorney was present at all?

So..

I was not present so I do not know who was present. Mr. Calixto was respresented by an Attorney. There was no record nor a translator

No translator?

I don't wish do be presumptuous, but does Mr. Calixto speak English? Does his attorney speak Spanish? If they do not speak the same language (and they might), how did that work? Who would have paid for a translater, if one was needed? Does the court normally provide that on a for-fee basis?

Translator

Mr. Calixto does speak English. He is not fluent but he can communitcate well. I am not certain of how it works but a translator is usually provided to persons who cannot understand what is going on in court.

If I were a Blount County attorney...

If I were an attorney who had to work in Blount County and I had witnessed what happened, I would definitely want to keep my mouth shut about it. What would happen to the next case I had to take before Judge Young, if I didn't?

Having said that, I guess it would be a matter of public record which attorneys represent the two immigrants, as well as whether they were present or not.

Of course

Kudos to attorneys who represent people, no matter their status or race.

Doesn't this sound familiar?

  • High school lock downs due to racial threats...
  • Rebel flags...
  • Vandalized Hispanic stores...

And now, a blatant refusal by a 'respected' judge to hear a case based not on legal argument but on simple assumptions born out of a terrible bias.

Racism is racism.

Did you all see the letter to the editor today re: Calixtos?

It angered me that the title over the letter to the editor said: "Illegal residents rights are limited." Mrs. Calixto has already said she was legal and happily showed her papers on tv, so to imply otherwise in the title is just irresponsible of the DT.

Here's the letter to the editor, itself: ((link...))

Somehow, the name of the writer sounded familiar to me. A brief google search turned up that she:

Is on the State Executive Committee for the Republican Party: (link...)

And, served as the Chairwoman of the Republican Primary Committee during the last election:
(link...)
(link...)

I guess we can consider this the official Republican response in defense of Judge Young.

While the spin machine moves forward

While the spin machine moves forward I want to ask a question. Do you all really believe someone who knew for a fact that they were in this country illegally would willingly go in front of a judge? That would be like a drunk driver pulling up to a cop and asking directions.

for once i agree with mello

will agree with your comment here. and there are people in this county that have/are trying to do good for this county as it goes forward.

Yes

Yes, I believe that even an illegal person in this country would turn to the court if they felt that they were in in danger. After all, this is the country with golden streets.
As I understand it all persons, within the boundries of the United States of America are entitled to due process of law.

for once?

Gee. Thanks. I think.

Rest assured that if you are not interested in holding the county government accountable you won't ever have to mutter those words again.

Knowing the mood I am in WPR should be mighty glad that I am not in her district. The rest of you, go chat with Commissioner Reeves tonight!

(link...)

Court Reporters, etc.

Court reporters are hired by the parties in civil litigation. If neither side has done so, no transcript of the proceeding would exist. Further, the order of protection statute protects against domestic violence and stalking. From the DT article, Ms. Calixto complained of acts that do not seem to fall within the protection of the statute.

Around here we like to read code

(link...).

(link...)

Any person reading these posts should not be afraid to seek legal action necessary to protect themselves just because some posters or writers of LTTEs seem to want to define just how a person can get a protective order.

The fact that this keeps coming up is really upsetting. Knock it off folks!

Order of Protection

Mrs. Calixto stated in her request for an Order of Protection that her husband stated he "would get her" "he would destroy her".
There are more ways to abuse someone other than beating her physically.
As a woman who extracted herself from a dangerously violent situation many years ago, I am offended that this would not be sufficient for an Order of Protection for any woman.
ABlevins

AP story

(link...)

As you may have heard today the AP has picked up the story.

The way it went down.....

Today's KNS has a very interesting article on this.

(link...)

Calixto said Young asked about the parties’ legal status in the United States and then dismissed the case.

So, he ask the legal status before he dismissed the case......

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