June 18, 2020.  Time to post ,   Judge Fogel was Joshua’s last Judge before his death and since the podcast I have been in contact but since this email and the many excuse emails for the non action that came after I shall start to share.. . Judge Fogel I told you that even after what happened in your court with Joshua I was going to trust you ,  you claimed that abuse files were pulled from Joshua’s file that day   . . .Why was that note placed in our file after Joshua’s death,  Why were documents shredded from our file after Joshua’s death,  Why after seeing the order to purge our file I keep getting excuses from you for the non action. . .Family Court does not start removing old case files for at least 30 and some County’s more years before the system gets rid of the paper work.  It’s the LAW.    . Joshua File was purged around 10 years after his death,  the county clerk in 2014 told me he has never seen such a order for a family court file. . Why has the Judge gone silent on me ?

From: Jeremy Fogel <jfogel@fjc.gov>
Date: January 25, 2018 at 11:00:28 AM EST
To: Kathy Atkins <
Subject: Re:  I am now finished sharing

Dear Ms. Atkins:

Although obviously it’s impossible to put myself in your shoes, I think I do have some sense of your frustration about the responses and non-responses you’ve received over these many years from people in official positions.  Thanks again for your patience.

I’ve now had time to reread your emails, and at the most basic level I understand that you’d like me to do what I can to get the appropriate federal law enforcement people to take a fresh look at what happened before and after Joshua died.  As I’ve already told you, the ethical rules that still bind me as a judge do not permit me to become an advocate in this case or any other case over which I’ve presided.  But the rules do permit me to refer matters for investigation when I think there could be evidence of criminal conduct.  In that case, the decision whether and how to follow up is made independently by the law enforcement agency.

The most effective thing I could do at this point is to reach out to the appropriate people in the Northern District of California (the federal jurisdiction that includes Santa Clara County) and ask them to review the record.  I’m willing to do this, but it will take time for them to consider and act on that request, and there is no certainty as to what they will decide to do.  I’ll keep you up to date to the extent that I can.

JF

 

From: Kathy Atkins <
Date: January 24, 2019 at 9:39:16 PM EST
To: Jeremy Fogel <jfogel@law.berkeley.edu>
Subject: Re:  Another newbie deputy

It’s been five years since they should have spoken with all these people when the 2014 investigation opened, even the ones I didn’t know about. .the neighbors.  They didn’t even go out to the house in their investigation except to do the re-enactment with Dr Jorden,  no talking with the neighbors .  What kind of investigation does that, a homicide of a child and they spoke to No one,  Please tell me you’ve asked yourself why .   The Sheriffs Office speaks to us like we are new parents to their environment and are expected to believe them when they say they are doing what they told me they would do five years ago.   I live in it all the time but If you sit still long enough you can feel the corruption and the insanity that is the Sheriffs Office and I do not understand why they are allowed to do this.  5 years Sir. .this round.

On Jan 24, 2019, at 6:17 PM, Kathy Atkins <wrote:

Hello Judge Fogel,   After a few weeks of not getting our calls returned from our two Sheriff Office investigators that were assigned to us we received a call from another deputy yesterday, We now have another brand new point person who gave us claims of a full active investigation.  It’s been 18 months since they re – re-opened with claims they are going to talk with people they should have when Joshua died, in 1990,  after the podcast was released and when they re- re-opened this last time.  They speak to us as if we should trust them and their investigative skills,  I’m having a hard time doing that and having a breakdown at the same time.

Take care

Kathy

From: Jeremy Fogel <jfogel@law.berkeley.edu>
Date: March 27, 2019 at 1:15:27 PM EDT
To: Kathy Atkins <
Subject: Re:  The waiting game – – It’s what it feels like

Ms. Atkins,

I’m sorry that I’ve been silent recently. Partly it’s because I’ve been in an extremely busy stretch both at work and at home, and partly it’s because I have nothing new to report. This last part is most disappointing, as I’ve inquired several times and expected a response by now.

The leadership changes in the US Attorney’s office are now complete, and I will try again.

JF

Sent from my iPhone

On Mar 26, 2019, at 8:08 PM, Kathy Atkins < wrote:

Judge Fogel ,    There always comes a time while communicating with Governmental Officials over the years that I find myself asking . .. Why don’t they write ?

I hope life is being kind

Kathy Atkins

I have other emails but Judge Fogel has stopped responding to me  June, 2020

No child should be passed between multiple Judges in the Family Court System to protect abusers but this is what happened to Joshua  ~  Welcome to our Santa Clara County, California Family Courthouse

#1 –  Judge Leslie C. Nichols – This is our first Judge that found a Law Enforcement Officer Involved Domestic case in his lap and he brushed Joshua off and passed us into mediation without protecting Joshua during the process

The Court appointed mediator, Margaret Simpson, placed her discoveries before this judge and because of her findings of child abuse he signed an order placing Joshua with me.  When KW complained to the Court he reversed his order going against the mediators findings.  This women did a in depth look at both families, along with KW’s 1st wife Judy and her kids in a therapeutic investigation.  She had KW’s mental health records – and so did the Family Court.  This Judge left Joshua unaided for over a year leading up to trial –

There are so many articles online about this Judge and the corrupt issues he owns but I will leave them there.

********************************************************************************************

# 2 – Judge James Stewart –

Judge Stewart placed Joshua with us after trial, His decision showed Child Abuse as a finding of Fact and limited KW’s contact with supervised visits then reversed that decision without any kind of family therapy happening on KW’s part for being a abusive parent – . We told the Judge of our concerns but he didn’t care and left Joshua to return without supervised visit, No child welfare checks or continued care under the court mediator both families worked with before and Joshua had a relationship with –  And when Joshua’s mental health became a huge concern and I placed him in the CAPI Unit, KW filed a complaint and Judge Stewart court ordered that I had to get permission from Joshua’s abuser or a court order to get him the mental healthcare he needed in emergency situations,  This Judge did not even want to speak with me to learn what had been happening since he placed Joshua with us. He would only speak with our attorney’s in chambers while we stood in the hall.  We sent our attorney in there full of information from abusive behavior, interfering and damaging Joshua therapy and KW’s refusal to help pay Joshua’s mental healthcare fee’s that were court ordered and my lawyer came out with this get Klaver permission order and one telling me not to do it again and then Judge Stewart recused himself from any further contact with our case and if we needed to approach the Family Court again Joshua would be passed to another Judge  – Judge Jeremy Fogel, Judge 3.

I will say that he was not the Judge we thought he was after he altered his ruling weeks after making his very clear decision on child abuse but like the 1st Judge once again Deputy Klaver was not a happy camper – He turned out to be just like the first Judge placed before us –  Passing the safety of Joshua to another Judge.  Officer Involved Domestic Violence was not a path any of these Judges were willing to stand on long enough to shut it down.     Joshua was not allowed the protection of the Law,  He had Rights and a large group of County Government Officials stomped all over them before and after his death.

Judge Stewart also has articles on line of corrupt issues he owns.

********************************************************************************************

# 3 – As Judge Fogel was building his career part of that time was spent as presiding Judge, Santa Clara County doing 2 year pit stops in different departments of law -Appointed to the Santa Clara County Municipal Court, 1981   Municipal Court, 1984-85; Supervising Judge, Family Law Division, Santa Clara Superior Court, 1987-88, 1995; Supervising Judge, Probate/Mental Health Division, 1991;  Civil Team Leader and Law and Motion Judge, Santa Clara Superior Court 1992-94 etc etc.

It was his pit stop in family law that he stepped into a issue without serious background knowledge and made decisions without even speaking with me that continued Joshua’s nightmare until his death a year later.  .  . Supervising Judge, Family Law Division, Santa Clara Superior Court, 1987-88

United States District Court, Northern District of California, 1998-2011. Director, Federal Judicial Center, 2011-present –

In our sealed court records that I retained in 2015 there are three documents that outlined the change of Joshua’s main residence back to his father’s after his second CAPI stay that I had never seen before. The most shocking one was the Order issued by the Judge placing a mental health label on Joshua in his decision that did not come from the testimony of Joshua’s doctors just a few hours earlier. I remember the day so well, it was ‘Judge Fogel Day’ and Joshua fell through the cracks of the Court House once again that left him unprotected.   I was left crushed and confused as everything was happening so fast.  The Judge did not want to speak with me at all, I can still feel the spinning of the room and the early labor pains of our second daughter kicking in and asking my attorney why, why was this happening, how could this be happening ? ?  I heard a lot of I don’t knows from her that day.

Mental health is a very serious issue for everyone who has stepped through it.  A person wants a doctor to see and understand what your body needs in order to find the balance you crave.  At times you step back into the world labeled with a condition and in many cases medicated.  I speak from personal knowledge.  I carry PTSD and a depression that can melt me into the floor in my pocket and I thank God for my grandchildren that keep me from going too deep as my daughters did before them.   I understand mental health and the medical labels that can come along with you. Sometimes we welcome an explanation to heal with open arms but for many the label is crushing to one’s life.  Even if medication helps the healing the impact of a serious mental health word can be harsh.  Now for Joshua a Judge placed a very serious mental health word in his court document that did not come from his doctor’s testimony and I have a issue with that.   . Dr B – said some signs of personality disorder –  Dr C  said showing signs of borderline conduct and personality disorder  -I want to be clear – Joshua was not on any kind of mental health medication and there had not been any discussions with Joshua’s doctors for his possible need for medication in the near future.

Over the lunch hour the Judge and his court mediator took this testimony and dished out a document fast tracking Joshua to the Klaver’s.  Over this lunch break Judge Fogel and court mediator, Lori Williams declared that Joshua was close to being psychotic.  Now if the doctors had said Joshua had a full blown personality disorder you could tilt in caution to close to Psychotic, but at the time  from where Joshua stood with his mental health he had a long bridge to cross before arriving at psychotic which is where Judge Fogel with his lack of knowledge, labeled Joshua while having lunch. Then without a question directed at me placed Joshua right back with his abusers. Two law enforcement officers, Sheriff’s Deputy  and a Highway Patrol Officer, all the while ignoring important information in our Court file sitting right in front of them.

# The First legal document was dated a fews days after our court date and is drafted by the Klaver’s attorney outlining a detailed plan of cutting off child support and fast tracking  Joshua for the transfer back to his abuser.  At the end of the document KW’s lawyer added that both parents up to this time have always done what was best for the child.  It’s written very Klaver friendly even tossing in some Klaver Christmas days with them taking Joshua from the CAPI Unit during the day.  I would never have learned that before because Joshua’s stay in the unit ended before Christmas.  Nonetheless my lawyer signed a document written by the Klaver’s attorney praising KW and his parenting skills.

By this time I had grown tired of lawyers having meetings in chambers while we stood in the hall and this day when Judge Fogel returned Joshua to his father’s home would not be the last time we stood in the hall while our attorneys went into chambers without us –  It happened again the day Joshua died.

This Judge and Court Mediator Lori Williams fast tracked Joshua in a lunch hour without doing a background check with the child abuse documents sitting right in front of them.  They tossed the first court mediators findings from a deep both family evaluation. They tossed aside information about the Campbell School District evaluation- –   The charges against the father were subsequently dropped due to weight given to Laurie Williams’ testimony.  I found this article with this women involved in other family law cases –

http:/https://groups.google.com/forum/#!topic/alt.lawyers/bV-cAVBI9MQ

Campbell School District did a full child behavior study on Joshua.  Dennis and I sat around a table with the principle, his teacher, school nurse and 2 school district mental health staff personell.  They studied Joshua at school in the real world and they saw no serious behavior issues with Joshua,  he got along well with his school mates, paid attention in class, respectful to the teachers, his grades were improving greatly  without any anger outbursts.   They did not see a child close to being psychotic as Judge Fogel and Ms Lori Williams labeled my son during their lunch break.

Joshua was not walking through life a mess every day, he was having clusters of breakdowns when coping when an issue that became so very hard for him; he rebelled against the abuse, against the stress the Family Courts forced on our family.  Twice we thought the CAPI Unit was the right move for him to regroup and breathe; I will not step back from that being the right choice for Joshua.   Did I want this study done by the school district to pull out a miracle to heal Joshua from his pain,   Yes, but their staff found Joshua doing well.  They watched over Joshua for us- in class – in the lunchroom – on the playground and any signs of change in his behavior but he did not know this was happening.  We were building a ‘heal Joshua’ community around him and Judge Fogel tossed that aside.    They tossed Joshua’s doctor’s opinion in the real world, outside the CAPI Unit, who felt Joshua needed to be with us  – Tossed.

At the time Joshua was in the CAPI Unit, our court date was on December 17th and our medical insurance carrier Kaiser, did I say that loud enough – KAISER no longer wanted to cover Joshua’s mental healthcare and I was told to remove him from the CAPI Unit.  That is  why the Klaver’s put an emergency rush through the court that day to have Joshua released to them instead of  coming home with me.  If the Court wanted to place us back into the mediation process again it could have been ordered without the Judge and his staff making decisions they were not prepared to make that day.  The document was produced by and signed by the Klaver’s attorney, our own attorney and the Judge.  Neither my signature nor KW’s are on the document.  I remember details of what happened and what was ordered from the Court that day; but not this document.

# The Second legal document is the full equal custody document with primary residence at his father’s with the visitation schedule with Joshua in so much detail, it was a piece of art.  The document was drafted by our attorney at the request of the Court a few months after the Judge ordered that Joshua was to return to his father’s  –  * I had seen this document before.

When you read the way these two documents are written without my personal feelings engaged you might think it was a friendly change of Joshua’s residence each written by our personal attorneys.  And a person might think by reading these documents that the changes for Joshua did not come down from the Bench if they believe two parents came into a Family Court, paid huge court and attorney fee’s to agree before the Judge that Joshua should be transferred to his father’s home with full support of both parents. *  And that’s what the hand written note says on the copy of the newspaper article on Joshua’s death I found in our Court file –   Which is posted below –

#The Third legal document is a copy of the hand written notes from the day in Judge Fogel’s Court. December 17th 1987 –  Where he made orders from the Bench and in this document he ordered KW’s attorney to make his decisions into a document – It became the one I spoke of above full of Klaver kindness.  – Word for Word Judge Fogel’s orders were placed on Attorney Sussman’s  letterhead paper.

And after the years of hidden child abuse was exposed why wasn’t Joshua allowed a few short term mental health tune-ups without returning him to his abuser?  Why was KW and Bobbi Klaver allowed to breathe down our necks and given so much control over Joshua’s mental healthcare?  I needed the system to do their job and Joshua died.  Now I’m seeing this document they placed in our file putting a very serious word in the doctors mouths that they did not say and labeling Joshua close to psychotic.  When the new investigation ended in 2016 the Santa Clara County DA’s Office sent me a letter and smacked me with the same word; claiming my stance against the child abuse, they called it custodial fighting, caused Joshua to be close to psychotic.

Feeling alone in the Family Court System while your child is in fear and the system see’s why and does nothing is something no child and a watchful; worried and scared parent should be forced to go through.  We were offered a System that had given grace to Joshua’s father since they learned he was abusing our son Joshua in 1984 –  –  We were in court the day the Judge placed Joshua with KW a year before his death,  We were in court again the day Joshua died with a meeting set the next morning with Joshua and a family Court Judge –  Not one of the three Judges Joshua was passed through spoke with him from 1984 – 1988 – while his sweet self suffered.   Joshua died January 30th 1989 and below is what the System placed in our family court file. But not a mention of the set appointment Joshua had with a Judge the morning after his death

Many things are missing from our file but not enough to see clearly.  I think the way our file was purged they would have taken more –  Things Missing  –  Court Appointed Mediators therapeutic investigation findings and recommendations to the Court file – CPS Records that were Court Order to be turned over at trial-

 CHAPTER 1.4. Management of Trial Court Records 68152. 

The trial court clerk may destroy court records under Section 68153 after notice of destruction, and if there is no request and order for transfer of the records, except the comprehensive historical and sample superior court records preserved for research under the California Rules of Court, when the following times have expired after the date of final disposition of the case in the categories listed:

# (7) Family law, except as otherwise specified: retain for 30 years.

The System purged Joshua Sealed file 10 years after his death,  I was told by a employee in the Santa Clara County Records Department that he has never seen a Sealed Family Court file like ours with a destruction order in it except for large courtroom displays but not a paper purge.   I fully understand that documents in the legal system can have a longer or it seems a much shorter retention schedule but when they purged they took out many serious documents that had alerted the Courts to the abuse, The Judges rulings are there and there are many breadcrumbs in leftover documents referring to these missing documents and what they were.  I have studied the retention process laws,  there is a notice to our attorneys the court claimed went unanswered,  So destruction was on the docket 10 years after Joshua’s death and 20 years too early as far as State Law calls for when it comes to the destruction of Family Court Records,  –  I keep seeing 30 years –  Many Counties in California have a much longer retention rate but Santa Clara County was willing to purge Joshua’s file after 10 years

# The comment given by the Sheriff’s Office in the Mercury News article about Joshua’s death is 1989 states that the year before he died one neighbor close to the family described the boy as troubled, and said the child’s stepmother had left work late last year “to get him straightened out in school.” The boy’s family did not want to talk about the incident.  I sure wanted to talk about it then but the Mercury News was not interested .

This is when the Klaver’s got the Court to smack me for getting Joshua the mental health care he needed from the years of continuing abuse , because it never stopped and the Klaver’s interfered in every moment,  they did not want Joshua in therapy and the Court allowed them to rip Joshua from the CAPI mental healthcare unit . . Bobbi’s restraint order against KW in Oklahoma says fear issues since 1st married . .1985.   Joshua died one year after the Courts allowed them to continue on their way of living .