What happens when men are abused
Since this web site went public in November of 1999 we have received thousands of emails, letters, and phone calls from or about abused men. Our sample is not valid statistically in any fashion and the individuals are often not even self-selected as men don't tell. Commonly we hear about the abuse from the man's parents (usually his mother), his sister, brother, cousin, or other relative, his new girlfriend, or even a neighbor.
While not a statistically valid sample, the problems these men have tend to cluster into specific types that are of qualitative interest. However, the real damage these men suffer often isn't at the hands of their intimate partner, though many are maimed and murdered before they can escape. But, almost inevitably, the primary abuse these men have suffered is at the hands of a legal system gone mad.
Abused men who contact us, or whose problems are described to us by those close to them, have typically:
• Lost their jobs, homes, and professional licenses. This category includes cases where the men lost their security clearances or could no longer carry a gun (police and military particularly). We also have numerous cases of medical doctors, dentists, stockbrokers, hazardous material truck drivers, powder monkeys, etc., losing their licenses as well. The Emerson case is but one egregious example.
• Are now destitute and often living on the streets, in their car, with relatives, or in friend's homes.
• Called the police because she attacked him, usually with a weapon, and the police came and arrested him, or made no arrest at all. For revenge, she then commonly called the police and claimed he attacked her, and the police then arrested him. To add credence to her claim she will commonly scratch or bruise herself, or break things in the home before the police arrive.
• Called the police because she was abusing the children and, when he tried to protect the little ones, she attacked him. When the police were called they arrested him and the courts subsequently gave her full custody of the children she is abusing.
• Found evidence his wife was having an affair. She then charged him with domestic violence or got a restraining order to cover her adultery. By doing so she got possession of the kids, the house, the car, the checking account, and everything else he owned. For married men this is the largest single grouping with about half the married men we hear about falling in this category. More than half the men we've heard from, or about, are married or he was living with her (common law).
• Found he is being stalked by a former wife or girlfriend who is using the legal system to harass him with DV charges and restraining orders in addition to the phone calls, vandalism, visitation games, etc., she is playing. Often when she finds him she uses her cell phone to call police and claim he has violated the restraining order and has him arrested. A variation on this are vindictive girlfriends who get a restraining order that keeps a man from his own home or apartment, which she then often trashes or steals everything from..
• Have lost all contact with any children they had for months and years. Commonly they were arrested or harassed if they've tried to contact their children.
• Found she has an uncontrollable substance abuse problem, a mental disorder, or both, and is using the legal system, victim's advocates, and women's shelters to harass and charge him with everything short of the rape of the Sabine women (though I think some men even get charged with that). It appears that the crazier a woman is the better "victim" she makes for the DV industry.
• Found that their military or police service is used against them in court. The redfem mantra is that such men are "trained killers." Such ad hominem attacks seem to be most common against men who have served in the elite branches of the military, e.g., Marines, Seals, Special Forces (Green Berets), and Rangers.
• Have been batted like a shuttlecock between judges. It is not uncommon to hear from men who have been before twelve to fifteen different judges, none of whom have taken the trouble to read the case documents or attempt to understand the issues in the case.
• Have spent from three months to ten years or more in jail though they had no police record prior to meeting this woman and very often there is no evidence of violence whatsoever. Includes cases where men lost their jobs because of the false allegations she made against them, were laid off during the recession, or the court "imputed" income they did not have and could not pay child support, and they were jailed for contempt of court (debtor's prison).
• Are victims of paternity fraud. Women commonly use restraining orders or allegations of domestic violence or child abuse to keep a "father" away from children they know or suspect their husband or lover is not the biological father of. That is done so that he can't get DNA paternity tests done but she can collect child support from him. When men don't pay the child support for these children they are thrown in jail even when they have managed to prove they are not the biological father.
• Are suffering from one or more symptoms of post traumatic stress disorder (PTSD), virtually without exception. Sleeplessness, paranoia, nervousness, nightmares, impotence, flashbacks, dissociative episodes, depression, physical or mental breakdowns, etc., are so common we hardly even ask about them, and simply take them as a given. Associated problems with attempts at self medication with alcohol and sleep medication, e.g., Ambien, are also a routine part of the problems encountered.
• Suffered severe health problems. Heart attacks, seizures, asthma, vision problems, are common. Any preexisting health problems are exacerbated. Many men become totally disabled as a result of the stress of false allegations and losing their children, homes, jobs, and everything they worked for.
There are, of course, many individual stories that don't include these components and seldom are two stories from different men the same. Age is often a factor and I always ask if the woman is over 35 as perimenopause can put many women over the edge. Young girls are the most violent of all with upwards of 30% or more teenage and college-age women reporting they initiated violence in their relationships in several studies.
For those men who can afford to defend themselves in these cases, legal fees commonly exceed $100,000 and minimum attorney fees are likely to be at least $5,000.
At what level of society does abuse of men occur
Top
It is no secret that during their "discussions" of his affairs, President Clinton and his wife threw things at each other. As a male, you would be arrested for "domestic violence" for throwing something at your wife. But, of course, should your femme throw things at you, they are just expressing and defending themselves.
Stories of abused and murdered men from 45 other states can be found on the Equal Justice Foundation parent site. A number of additional stories of what men endure at the hand's of their intimate partners can be found in Cook's 1998 book on abused men. MenWeb posts a number of first-hand stories of abused men as well.
Stop Abuse For Everyone (SAFE) carries several first-hand accounts of men who have suffered abuse at the hands of their female partners.. John #1's story is particularly appalling given the abuse and beatings he suffered both from his wife and the police. Note that passage of stiffer domestic violence laws in Canada made John's position much worse.
Dan's story is that of a police officer who was abused by his wife to the point where he flinches if a woman moves too suddenly around him. We have personal experience with that reaction.
The Toronto Sun also carried an article in 1994 giving first-hand accounts of domestic violence against men. There are also numerous incidents of sexual abuse by women with men, boys, other women, and girls their victims.
Stories of Irish men who have been abused can be found on the Amen site.
In an article on domestic violence, Cathy Young relates the following:
"One New Jersey case in my files speaks volumes about most advocates' view of female violence. Brenda C. was admitted to a shelter after being arrested for assaulting her husband (during a divorce) and ordered out of their home. A letter to her attorney from a shelter counselor gave a fairly accurate account of what happened: In an argument, 'Mrs. C. grabbed Mr. C. by his necktie (and) he pushed her away. Mrs. C. then punched his face and her nail cut his neck.' This was listed as 'physical abuse' of Brenda by her husband."
We have had personal experience where a man was arrested after the wife assaulted him and then claimed the reverse had happened. A jury found him not guilty but the costs were in the tens of thousands of dollars.
In her October 31, 1999, column, Kathleen Parker cites a 1994 AP story with the headline "Couple's Makeup Kiss Gets A Bit Nippy For Husband." The couple had a fight and the wife claimed she wanted to kiss and make up. However, what she did was bite off the end of his tongue.
Also look at Erin Pizzey's work with violent women. Her descriptions of what she describes as "family terrorists" will ring eerily true for many men who have been the victims of domestic abuse. Her book, Prone to Violence, is available on the Web and we strongly recommend you read it if abuse is a factor in your life.
You may also be a victim of the divorce-related malicious mother syndrome if you are going through a divorce.
Violence among homosexual domestic partners is also very high. Studies indicate that the most violent relationships of all are lesbian couples, where the abuse rates are likely above 50%. Patricia Pearson reports (p. 131) that in one survey of 100 battered lesbians it was found that four of the women couldn't go to their local shelter for protection because their abusers worked there.
Stories of violent women and abused men in Colorado
Top
If you are enduring mental and physical abuse from the female in your life, the stories in the following sections tell of what other Colorado men have endured. These stories should show you that you are not alone.
The stories are hearsay and have been gathered from many sources in a rather random fashion.
Many of these stories are taken from a single newspaper, the Denver Post, over a relatively short period of time. Even from the Denver Post our sampling is incomplete. In addition, only the most extreme attacks against males are included in such a liberal newspaper. As a result it is estimated that these vignettes represent no more than one in a thousand such incidents of violence against men in Colorado.
Other sources, including a number of men who have written us about their abuse, are used whenever available.
These stories are not meant to serve as evidence admissible in court, or to present a gender-balanced view of domestic violence. Nor are they comprehensive or complete in any sense. They do often illustrate what men are enduring under the current laws and, to some extent, the frequency with which these events occur.
These vignettes are presented in the hope that the laws may be changed to provide equal justice, and the problem of domestic violence and abuse approached with the intent of solving the problem rather than simply blaming men, as is currently done. Clearly, domestic violence and abuse is a human problem, not a gender issue.
We have concentrated on incidents that occurred in Colorado but events elsewhere are included when they involved friends or relatives of ours and, beginning in late 2000, stories of abused men from other states are included.
Attempted murders by Colorado women are included by year in the following stories but domestic homicides have been described in a separate section.
If you have suffered physical or mental abuse from a female partner and would like to have your summarized story included, please e-mail us at: comments@ejfi.org . Anonymity will be preserved unless advised otherwise.
The common thread throughout most of these stories is the physical, fiscal, and emotional abuse the men suffer when the police are called. In many ways the abuse men suffer from the current laws is often worse than the violence and abuse they suffer from the women in their lives.
Names of the women involved are included when they have been published, where they held a public office, e.g., a U.S. attorney, an FBI agent, a Denver deputy DA, a deputy sheriff, a policewoman, an advocate for victims of domestic violence, and the wife of a Colorado state representative are listed. Names are also given when describing these women's convictions, or when names are stated in published articles where the source is stated.
Background
Last updated 8/3/06
Tim Emerson, M.D., engaged in an historical battle for all of our rights in San Angelo, Texas. His was the most important Second Amendment trial in more than six decades. Fifth Amendment rights and the unbridled use of the Commerce Clause by the Congress were also at issue in his case. Unfortunately, liberty lost.
The story began in 1998. According to court records his then wife, Sacha, was having an affair with her hairdresser and petitioned for divorce on August 28, 1998, and requested a restraining order against Dr. Emerson, claiming he had threatened her paramour during a telephone call.
At the time Dr. Emerson was the lawful owner of approximately 30 firearms of varying types that he had owned both before and all during the marriage. His collection included a 9mm model 92F Beretta pistol purchased on October 10, 1997, that he kept in his office. It is fairly common, and prudent for medical doctors who have many drugs in their offices to also keep a firearm there.
Note that about half of the hundreds of married men who have contacted the Equal Justice Foundation have been charged with domestic violence or abuse after finding their wives were having an affair. Allegations of domestic violence or abuse are a standard tactic in a divorce today with virtually no recourse for the husband. Under current laws such false allegations are standard as they give the adulterous wife the house, the car, the kids, the bank account, and anything else she wants with no questions asked, i.e., due process is a thing of the past. She will also almost certainly receive child support even if the child(ren) prove not to be her husband's. And there is no penalty for her perjury.
Temporary orders hearing for divorce
Top
On September 4, 1998, the judge of 119 th Judicial District Court for Tom Green County held hearing on application for temporary orders.
Sacha had retained an attorney who appeared on her behalf. However, Dr. Emerson made the grave mistake of appearing pro se (he represented himself). It is nearly always a fatal mistake for any professional, or any man with substantial assets to represent himself in court.
After the hearing a temporary restraining order was entered against Dr. Emerson on September 14, 1998. This was essentially a form order frequently used in Texas divorce cases and contained standard language prohibiting Dr. Emerson from engaging is various financial transactions and from making threatening communications or actual attacks upon his wife during the pendency of the divorce case. Specifically, there was no finding by the court that Dr. Emerson had threatened his wife although Sacha alleged he threatened her paramour.
Unbeknownst to Dr. Emerson the state court's order made him immediately subject to 18 U.S.C. § 922(g)(8) that makes the possession of any firearm or ammunition a federal felony with a mandatory prison term of up to ten years. Neither the order or the state judge informed Dr. Emerson he would be subject to federal criminal prosecution merely for possessing a firearm or ammunition while the temporary orders were in effect.
Dr. Emerson was then in the position of being required by court order to refrain from disposing of any marital property and at the same time being in violation of Federal Law for possessing this property.
Arrest
Top
On November 16, 1998, Sacha barged into Dr. Emerson's medical office with their four-year-old daughter and refused to leave, apparently after earlier seeing him entering a cafe with another woman. After an argument in his private office she contacted San Angelo law enforcement officials alleging that Dr. Emerson had pulled the Beretta on her and pointed it at her and the child.
Trials and appeals
State trial
Top
As a result of Sacha's allegations, charges of aggravated assault with a deadly weapon and endangering a child were brought against Dr. Emerson in Texas court and he was arrested and jailed.. Additionally, his firearms collection was seized, and he was charged with a Federal felony.
The arrest ended his medical career.
However, on October 23, 2000, he was acquitted by a jury of all charges brought by the state after a showing that he was defending his business property and patient medical records against criminal trespass. This time he went to court with a competent attorney.
First federal trial
Top
On December 8, 1998, a Federal Grand Jury indicted Dr. Emerson on five counts under 18 U.S.C. § 922(g)(8).
District Judge Sam Cummings, San Angelo, Texas division, granted Dr. Emerson's motion to dismiss the federal case on February 26, 1999, on the basis that his Second and Fifth Amendment rights had been violated. This was the first time any Federal court had confirmed that the Second Amendment is an individual right.
But the government, under the Clinton administration and Attorney General Janet Reno of nearby Waco fame, appealed.
Consequences
Top
In the meantime, because of the domestic violence charges resulting from the divorce orders and the consequences of the federal charges:
• Dr. Emerson lost his medical practice and all means of earning a living, as well as about $50,000 in unpaid bills due him.
• He lost his office, and all medical textbooks, instruments, and diplomas.
• Prior to April 3, 2003, he had spent forty-two days in jail though, until October 7, 2002, he had never been convicted of any crime.
• Because of the domestic violence charges, exclusive custody of their daughter was given to his adulterous wife.
• Though he has not seen his daughter in more than five years, he is forced to pay child support and is now more than $45,000 in arrears because he cannot work as a medical doctor. A heart condition, for which he underwent open-heart surgery on October 19, 2002, made it impossible for him to work in any strenuous occupation. His current incarceration prevents him from making the court-ordered payments though the arrears will continue to accrue.
• When he is released from federal prison in the fall of 2005 he will be subject to imprisonment in Texas for non-payment of child support.
• Because of the arrears on child support, his medical license was suspended. With his conviction on a federal felony charge on October 7, 2002, his medical license has been permanently revoked. It is extremely difficult to find suitable employment, or any employment, when one is a physician not working in that field, to say nothing of his suffering from a severe heart condition no doubt aggravated by the pain and suffering the courts and prisons have subjected him to.
• His driver's license was revoked as of October 9, 2001 as a result of the delinquent child support payments so he could not, and did not drive after that date. He had previously worked as a clerk in a 7/11 convenience store but with his driver's license revoked he could no longer get to that job..
• Prior to his incarceration he was living in poverty outside San Angelo, Texas, with his 82-year-old father solely on his father's military and Social Security retirement pensions.
If all this sounds as though it were taken from a story by Franz Kafka, welcome to the ways domestic violence and divorce are intertwined in America today with the consequent destruction of marriage and families.
First appeal
Top
In October, 2001, the Fifth Circuit Court of Appeals in New Orleans affirmed that the Second Amendment is an individual right but remanded Dr. Emerson's case back to the District Court for trial, reversing Judge Cummings dismissal of the case.
As the Fifth Circuit Court of Appeals on April 17, 1998, had held in U.S. v. Pierson that U.S.C. § 922(g)(8) is not an unconstitutional exercise of the Commerce Clause of the Constitution, this ruling was not unexpected.
A request for a rehearing en banc (by all the judges of the Fifth Circuit) was denied November 30, 2001, at 281 F.3d 1281 (5th Cir. 2001). Dr. Emerson's case was then appealed to the U.S. Supreme Court the first time.
On June 10, 2002, the United States Supreme Court refused to hear the case (writ of certiorari denied). 536 U.S. 122, 122 S.Ct.2d 2362, 153 L.Ed.2d 184 (2002). However, Attorney General Ashcroft stipulated that the Second Amendment is an individual right in the government's response to Dr. Emerson's appeal.
The case was then set for trial in Federal District Court in Lubbock, Texas, Judge Sam Cummings presiding.
Second federal trial
Top
In a trial lasting approximately 8 hours, on Monday, October 7, 2002, a Federal jury of six men and six women in Lubbock, Texas found Dr. Tim Emerson, age 45, guilty of three counts of possessing firearms while under a restraining order in violation of 18 USC §922(g)(8) in Case No. 6-98-CR-103-C.
Issues brought out in Dr. Emerson's trial were that a database is maintained by the Bureau of Alcohol, Tobacco, and Firearms (BATF) that de facto provides gun registration and includes names and addresses of virtually all gun owners in the United States. The BATF is widely perceived to be a rogue agency that openly ignores the constitutional rights of Americans and de facto gun registration is simply one more example. Most citizens probably remember the February 28, 1993, BATF massacre at Waco, Texas, (scroll down for kid's images) that, with the help of the FBI, killed more children than all the school shootings in the United States combined.
Another issue at Dr. Emerson's trial was jury nullification. In Dr. Emerson's case the jury was strongly cautioned that they could only find on the evidence before them under the law as defined in the jury instructions given them by the judge. That is contrary to the Sixth Amendment and the practice of English Common Law which has generally held that juries have a veto power over bad laws and arbitrary and unjust prosecutions.
After Dr. Emerson's conviction his attorney filed a motion for acquittal but that was subsequently denied.
Open heart surgery
Top
On October 19, 2002, Dr. Emerson successfully underwent open-heart surgery for a defective heart valve.
The State of Texas has taken Dr. Emerson's medical and driver's license away for non-payment of child support. His heart condition prevents him from working in any strenuous occupation. As a result he is indigent and the taxpayers are obliged to pick up his medical expenses, including roughly $650 a month in prescription drugs.
So citizens now pay for his wife's adultery as well.
Sentencing
Top
On December 11, 2002, Dr. Emerson was sentenced to thirty (30) months detention in a Federal penitentiary.
Second appeal
Top
Dr. Emerson's conviction was again appealed to the 5 th Circuit Court of Appeals in New Orleans. Emerson's opening brief in his second appeal was filed with the 5 th Circuit Court in New Orleans on June 20, 2003.
Oral arguments on Emerson's appeal were heard by the 5 th Circuit Court of Appeals on January 8, 2004. On January 28, 2004, judgment and sentencing of Dr. Emerson was affirmed in an unpublished opinion as anticipated.
Dr. Emerson's case was then appealed again to the U.S. Supreme Court. A second petition for writ of certiorari was timely filed by his attorney, David Guinn, in March 2004.
Subsequent to Dr. Emerson's sentencing the 9 th Circuit Court of Appeals in San Francisco ruled that the Second Amendment is instead a collective right and does not protect individuals rights to keep and bear arms. It was hoped that this contrary ruling would work in Dr. Emerson's favor as the U.S. Supreme Court is the final arbiter when there is a dichotomy between the circuit courts.
However, on July 2, 2004, it was learned that the U.S. Supreme Court had denied certiorari. As is usual, no explanation was given, and no further appeals are possible.
Go directly to jail
Top
There seems no end to the injustices heaped on Dr. Emerson.
After his sentencing he was placed on release supervision pending the outcome of his appeal under the following conditions:
"The defendant shall not commit any offense in violation of federal, state, or local law while on release in this case."
Back in the infancy of television in the 1950's a man was offered a substantial amount of cash, $64,000, if he could go 24 hours without breaking a law. He lasted about five minutes after leaving the studio accompanied by lawyers. In his nervousness he opened a pack of cigarettes without destroying the tax stamp as required by federal law.
But Dr. Emerson did none of these so far as is known. They had taken his driver's license, as well as his medical license. His father adamantly refused to let him drive while his license was suspended. That has been confirmed in a telephone conversation with Dr. Corry by a female friend of the family who, incidentally, was a classmate of Sacha, Dr. Emerson's former wife, in high school. Mostly he stayed at home on his computer as testified to by his father and two other witnesses.
Don't pass through Wal-Mart
Top
What Dr. Emerson did occasionally while he was out on an appeal bond was go shopping at Wal-Mart in company with his father, where there was some flirtation with a check-out clerk, Ms. Nicole Weber, age 21. (1) As best we can determine she asked Dr. Emerson to fill out a credit application, which she lost, and then had him fill out another one for her. She reportedly inquired about information concerning her rather nasty divorce that she thought was available on the Internet. (2) Dr. Emerson found that information for her and brought printed copies to her at the store. There appears to have been the usual byplay between a man and woman during these exchanges but no contact between them outside the store. (3)
Dr. Emerson went through Ms. Weber's checkout line in company with his father, Joe Emerson, whose age-related palsy makes it difficult for him to write legibly. Nicole Weber, because of her acquaintance with the Emerson's, would help Joe fill out his checks to pay for their purchases.
Stalking charged
Top
On February 6, 2003, Ms. Nicole Weber filed a complaint with the San Angelo Police Department claiming Dr. Emerson was stalking her at Wal-Mart by repeatedly coming through her checkout lane. In that complaint Ms. Weber states she had found out that Dr. Emerson "had been convicted of an act of violence towards his ex-wife" and that she "is in fear for her safety based on [Dr. Emerson's] behavior, comments, and past history." She further claimed she had seen Dr. Emerson in places outside of Wal-Mart. Note that San Angelo, Texas, has a population of about 87,000 so it would not be unusual or ordinarily unlawful to see a fellow resident.
We are also astounded to find that going through a cashier's checkout line at Wal-Mart once or twice a week [based on testimony and cancelled checks provided by Joe Emerson] can be construed as a basis for a stalking complaint.
As a result, on February 10, 2003, Dr. Emerson's probation terms were modified to include the condition that he not have any contact with Nicole Weber directly or indirectly, or with any members of her family. No notice was given to the Emerson's that Wal-Mart no longer wanted their business.
Two days later, on February 12, 2003, at 7:45 PM Ms. Nicole Weber again contacted the San Angelo Police Department and stated that Dr. Emerson was seen sitting in his car outside the Hunter Run Apartments at 4404 Southwest Boulevard in San Angelo. According to the police report:
"The complainant [Nicole Weber] advised that she was at the location of offense [Hunter Run Apts.] and observed [Emerson]. She said [Emerson] was sitting across the street from the [Hunter Run Apts.] in a white vehicle. [Ms. Weber] said she it was facing the [Hunter Run Apts.] She said she drove away from the location of offense and [Emerson] pulled in front of her. She said she turned and [Emerson] went another direction.
[Ms. Weber] advised that this has been going on for about a month."
On the basis of these unsubstantiated, and unlikely (4) complaints the San Angelo Police Department notified Dr.. Emerson's pretrial release officer, Gloria H. Ramirez, on April 1, 2003, that he was alleged to have been driving a motor vehicle. Ms. Ramirez called Nicole Weber and Ms. Weber further stated that when Dr. Emerson pulled out in front of her she was forced to slam on the brakes to avoid a collision. Note that the police report does not contain a car license plate number and no description of Dr. Emerson by which his identification was confirmed by Ms. Weber. Note that in the timeline of events established by Blue Moon Investigations there were a number of stalking incidents and arrests of individuals driving white vehicles in San Angelo during this time period.
Nonetheless, a warrant was issued for Dr. Emerson's arrest and he was taken into custody on April 3, 2003. A hearing on the revocation of Dr. Emerson's bond pending appeal was scheduled for 5 PM on Tuesday, April 22, 2003, in the San Angelo Federal District Court in an order signed by Judge Sam R. Cummings and dated April 3, 2003.
Dr. Emerson's father and friends then arranged for witnesses to testify about his whereabouts on the date and time of Ms. Weber's complaint. However, in a move we find common in such cases, at roughly 4 PM on Monday, April 21, 2003, Dr. Emerson was taken from the Tom Green County Jail to the Federal courthouse. His attorney met him in the holding cell in the courthouse and informed him that the judge had already signed the order revoking his appeal bond. Dr. Emerson's attorney had accidentally met his father and told him to go to the Federal courthouse about 15 minutes before this but Dr. Emerson was not allowed to testify or present any other witnesses at this impromptu and unscheduled "hearing" (see transcript) and his appeal bond was revoked and he was sent to federal prison in Fort Worth, Texas.
However, though Dr. Emerson's witnesses were not notified of the change in hearing date and time, Ms. Weber was. According to the April 22, 2003 San Angelo Times:
The woman [Nicole Weber] testified in federal court Monday that Emerson came through her line [at Wal-Mart] almost every day, often reciting intimate facts about the woman and her family, like the name of her physician, her living arrangements with her husband, the make and model of her car and the type of child care she was using. One day, Emerson toted in printouts of the woman's divorce filings and paperwork related to her husband's probation.
''That's none of his or anyone else's business. I felt scared that he would even want to know that,'' the woman said in court Monday. "He had just told me so much information and I was getting scared to death."
However, Dr. Emerson writes from prison that personal information about Ms. Weber was given to him by her during the course of several conversations they had.
The San Angelo Times reporter makes no mention of the alleged stalking incidents outside the Hunter Run Apartments in Ms. Weber's testimony in Federal court. In any event, Nicole Weber's allegations and testimony were complete and utter fabrications from start to finish.
Once again the unsubstantiated word of a woman has served to place a man behind bars and we have many similar cases where the man is sentenced to 6, 8, 12, and 14 years. Thirty months in the gulag is almost nothing by the standards of Big Sister today. As Erin Pizzey has famously noted: "Any country that has tried to create a political solution to human problems has ended up with concentration camps and gulags."
The Equal Justice Foundation tried various means to obtain additional information in order to refute Ms. Weber's testimony. In December 2003 Bobbi Sue Bacha of Blue Moon Investigations in Houston, Texas, volunteered to undertake an investigation of Nicole Weber pro bono. Contributions from members and supporters enabled the EJF to cover her travel expenses to San Angelo.
As a result of her investigation Bobbi Sue Bacha produced a comprehensive report that refutes everything Ms. Nicole Weber alleged and testified to with regard to Dr. Emerson. She even obtained a written statement from Ms. Weber that denies Dr. Emerson was driving the white car she alleges to have seen outside her apartment the evening of February 12, 2003, together with a telephone interview (see transcript). In these statements Ms. Weber identifies another man as being her stalker. Further, Blue Moon's investigation found that Nicole's ex-husband was not with her the evening of February 12, 2003, as she testified (p. 6). Unquestionably Nicole Weber perjured herself.
Blue Moon's investigation also noted:
"Further our investigation shows the complainant Nicole Weber has a unusual history of filing police reports in San Angelo (a total to date of approximately ten (10) police reports) for various allegations including and not limited to alleged reckless drivers, missing picture frames from her apartment less than $20.00 in total value, employers holding pay checks, scratches on her car, accusations against her husband's brother of molesting her child, accusations against her husband of hitting her child (later Nicole Weber recanted the allegation against her husband via a letter to the judge, however the charges remained and Nicole Weber's husband Zack Weber was convicted anyway), and other miscellaneous reports, including the allegation of Dr. Timothy Emerson allegedly stalking her at her apartment in an unidentified white car."
Clearly, Ms. Weber is a troubled individual given to making police reports with or without foundation.
Summary
Top
Dr. Emerson has not been convicted of anything except having a gun collection that he owned both before and during his marriage. He was alleged to have threatened his wife's lover during a phone conversation with her during their divorce for which his estranged wife was given a temporary restraining order to cover her adultery. Dr. Emerson has been acquitted of all state charges against him. He was alleged to have been stalking a woman who provided no evidence and who has recanted her testimony. And Nicole Weber has since admitted she has no idea who was driving the car she claims was stalking her although she came so close to that car "she was forced to slam on the brakes to avoid a collision." Or perhaps it is now a crime to shop at Wal-Mart and go through the same cashier's line more than once, and talk with the checkout clerks? But if, and only if, you are male!
As a cumulative result of these injustices, Dr. Emerson was sent to the Federal penitentiary in Fort Worth. The only cold comfort one might take from this tale is, given that his appeal ultimately failed, Dr. Emerson completed his sentence somewhat earlier than otherwise.
As a result of the stress caused by the grave injustices done his son, his 82-year-old father, a retired military veteran, has twice been hospitalized for pneumonia and complications since Dr. Emerson's arrest in early April 2003. Pneumonia is always dangerous but doubly so for a man in his 80's. One wonders whether the father will live to see his son a free man again?
Do Sacha and Ms. Weber sleep well at night knowing the damage they have done? The motives of an adulteress are clear. But one can only speculate as to Nicole's motives: It is not unreasonable to imagine that she may be a BATFE agent. Nicole Weber quit her job at the San Angelo Wal-Mart two days after filing her second complaint against Dr. Emerson, and only worked there a couple of months. Just long enough to wreak further havoc with a man's life..
Update — August 2006
Top
Dr. Emerson has been on supervised release since April 28, 2005, and had a hearing in September 2005 so the federal judge could read aloud the special conditions of supervised release in open court.
On a personal note his father died of pneumonia in October of 2005. His mother has developed a seizure disorder and was discovered unconscious and unresponsive in her apartment before Christmas 2005. Either her condition or her medications have affected her memory and her coordination and Dr. Emerson has had her in a nursing home since early 2006.
After he was paroled he did manage to see his daughter for about an hour before his mother collapsed. The little girl was visiting her grandmother last fall but when Dr. Emerson's ex-wife found out he was there she took a policeman and forced him to leave and never brought the little girl back.
Dr. Emerson had been staying at the motel where his father lived until he died but at the end of July 2006 he was evicted for non-payment of rent.. As is usual in such cases, all his possessions are being held until the unpaid rent is caught up. In order to do that he was making the rounds between Catholic Outreach Services, First Baptist Church, Salvation Army, and other charities. The Equal Justice Foundation is also trying to help and donations marked "Emerson Fund" can be made through PayPal, or by sending a check to the EJF at 455 Bear Creek Road, Colorado Springs, CO 80906-5820. All such donations are tax-deductible and Dr. Emerson receives 100% of your contribution.
He found a friend to stay with on a temporary basis but is uncertain how long he can stay there. His next step is living in a tent, or under a bridge and he thinks being homeless might be better than having to worry about rent that he can't pay every month. He says he has most of a tent, and a couple of sleeping bags, one multi-season, and one winter bag, but needs to get a rain fly for the tent, even if it almost never rains in San Angelo.
He receives food stamps but still is able to eat only every other day or so in part because he can't get to a store.
The few friends that he had back before he went to prison have disappeared. A few of his former patients still help him out by driving him places, however.
He is currently ~$71,000 in arrears on child support. Of course the reason he can't pay is that his wife's adultery resulted in his imprisonment and the loss of his medical and drivers licenses. Naturally, he has not been able to get his drivers license or medical license back since being released from prison.
A hearing on child support was held on May 1, 2006. Luckily, Dr. Emerson was not found to be in contempt of court for nonpayment. So he didn't end up back in jail like so many fathers do. Further, his monthly payments were modified down to $160/month for current support, $50/month against the arrearages, and $30/month for insurance. Even these reduced amounts are far beyond his capability to pay and even the judge seemed to realize that.
He was also given some reason to hope his driver's license might be restored at the May hearing but, as of August 2006, he has not gotten his license back. Apparently he will have to pay a lump sum equivalent to six months child support in order to get his license. The lack of a drivers license is a major factor since his dad died, as his father used to drive him everywhere.
He has a bicycle he built from spare parts but he can only ride it a couple of blocks before he is out of breath and, currently, it is locked up in his motel room for non-payment of rent.
The stress and injustice drove him into severe depression for which Prozac was prescribed. But the Texas Department of Mental Health and Mental Retardation (MHMR), which initially placed him on the anti-depressant in 2000, has changed their program. "Simple depression, without hallucinations" no longer qualifies. However, the county probation office administers a program through MHMR that currently provides him the anti-depressant since he is unequivocally a dangerous civil condemnor and mentally-troubled individual after what he has been put through. Obviously he has considered suicide but by April 2006 he had managed to get his medications supplied, after several months without, and his depression was somewhat relieved. However, the Prozac affects his concentration, memory, and coordination. Keep in mind that Tim Emerson is a fully-qualified medical doctor.
Also, indigent medical insurance has changed and they value a 1978 Toyota Land Cruiser he bought for $2,800 in 1986 at $5,000 but, of course, he can't legally drive it. So that affects the treatment for his heart condition for which he underwent open-heart surgery for a defective heart valve in October 2002. Of course taxpayers had to pay for that operation and current health problems for this medical doctor because of his wife's adultery. Not only is he punished for his wife's immorality, but citizens are as well.
Since May of 2005 Dr. Emerson has been applying for disability but, in a fashion Franz Kafka could only dream about, it was originally denied in January 2006 because he is not disabled from performing work as a physician. He appealed the decision the first of March on the grounds that, while he was not disabled from performing work as a physician, however, due to wrongful prosecution, he was no longer licensed as a physician. He had written statements from his primary care physician and the Texas Rehabilitation Commission that he was unemployable due to physical, emotional, and living conditions, i.e., no driver's license. Those of you who have dealt with welfare services will recognize the pattern and the futility, as well as the helplessness he feels. Whether logic will suffice for his appeal is yet to be determined and he had not heard back by the end of July 2006.
He continues to have problems with shortness of breath, rapid heart rate, light-headedness, dizziness, double vision, and occasional blackouts after exertion, lifting, or rising from bending over or getting up from a bed or chair. Here is Dr. Emerson's description of a day in early August 2006:
"I walked up to MHMR this morning to check and see if the lady knew anything about my disability status, she didn't, which is about 5 or so blocks from where I'm staying. I was light-headed, and out of breath when I got there, although it is level ground all the way from the place I'm staying.
From there I walked to the Salvation Army Thrift Store to talk to a friend of mine that works there about her church possibly helping me out. That is another 4 blocks, and diaphoretic would be a good word for me when I got there. Then I came to the library, which is another 4 or 5 blocks. At least all of these places are air conditioned, and part of the way to the library is in the shade, so that helps some when I stop to rest at intersections.
I'm usually drained for anywhere from 15 or 20 minutes up to the rest of the day after exertion like this. Plus, it being 100° doesn't help much, and I can't carry any water with me, because I can't take it in the places that I go to."
His major problem is employment, especially without a drivers license. Supervised release restricts him to not traveling out of the Northern District of Texas without permission. However, probation for child support, treated as civil(?) contempt of court, restricts him to Tom Green County, and a 10:00 PM. to 6:00 AM curfew as well as twenty-seven other severe restrictions on his freedom. So even a night shift at a 7/11, which he was working before he went to federal prison is out. However, if any of you have ideas or a job offer, Tim can be reached at mylogan94@yahoo.com . Words of encouragement would also be appreciated.
Dr. Emerson's odyssey through a redfem legal system gone mad is but one example of thousands the Equal Justice System has witnessed and hundreds we have documented. It is an open question as to how long a nation can endure based on such practices. It is worth noting that the Soviet Union began with such practices and endured for just 70 years.
Acknowledgements
Many of the legal expenses incurred by Dr. Emerson were paid for by the Second Amendment Foundation.
The Pike's Peak Firearm Coalition supported the Equal Justice Foundation and Dr. Emerson with contributions towards his living expenses during his ordeal and a portion of the travel expenses for Blue Moon Investigations.
We would like to extend our special thanks to Bobbi Sue Bacha of Blue Moon Investigations for the many hours of dedicated effort she put into investigating the travesty of justice that led to Dr. Emerson's incarceration in April 2003. Her outrage at the injustice and perjury of Ms. Weber is exceeded only by ours.
Footnotes:
1.. Dr. Corry wonders how long he would be imprisoned for the level of flirting that led to Nancy or Pouting Pretty Girl?
2. Nicole Erwin, age 18, married Zachary Weber, age 19, on July 1, 2000. At the time Nicole had a child, Todd, from a previous relationship. She had an additional child during the marriage. On September 26, 2001, Nicole Weber filed injury of a child (apparently her first child) with intent to commit bodily injury, a 3 rd -degree felony, against her then husband Zachary Weber. On February 6, 2002, Mr.. Weber pled guilty and on March 3, 2002, he was placed on 10-years probation with 160 hours or community service. He was also fined $2,500 plus court costs and spent 20 days in jail. The couple were granted a divorce on December 19, 2003. As of February 2004 Mr. Weber is reported to be living in a Salvation Army shelter in San Angelo, his life destroyed.
3. Somewhere it needs to be remembered that joking, teasing, kidding, and flirting with waitresses, barmaids, and cashiers in public establishments is an old western tradition that makes everyone's lives a bit more enjoyable out here. Any damnyankees reading this should recall that San Angelo is in West Texas, not Boston.
4. Ask anyone you may know who has been stalked how likely it is that they would leave the safety of their home or apartment after seeing their stalker parked across the street?
This Web site is maintained and supported by the Equal Justice Foundation, a nonprofit 501(c)(3) organization.
All content Copyright © 2001-2003 by the Equal Justice Foundation unless otherwise noted.
All rights reserved. For additional information contact webmaster@ejfi.org
LOADING