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Father Jailed ... for 27th Time !
http://www.massnews.com/10161ken.htm
The Massachusetts News
October 16, 2001
Ex-Wife Has Ken Newell Arrested By Holbrook, Brockton Police...for 27th Time!
Police Violate Law by Arresting Without Probable Cause
Sidebar [below main article]:
Plymouth Police Did Not Arrest
http://www.massnews.com/10161ken.htm#1
By Ed Oliver
patriot76@net1plus.com
His former wife has mental problems and has filed 26 frivolous charges of
violence against Ken Newell over the past three years, but the Brockton
and Holbrook police didn't hesitate to arrest him again last month after
more spurious charges came from the former wife.
The police in both towns know about the false reports that the wife has
filed and about the court's psychiatric report which says she has mental
problems.
Newell spent Saturday and Sunday night in jail before being released on
his own recognizance.
[Photo caption: Ken Newell stands in chains and handcuffs after spending
two nights in filthy Brockton jail because he wants to see his children]
"This is a classic case of an unlawful arrest where the police had no
probable cause to arrest," said Atty. J. Edward Pawlick, publisher of
Massachusetts News.
He noted that a federal judge in Boston held last year that a Lawrence
policeman had to carefully investigate to see whether there was probable
cause before arresting a man who was accused by his wife of violating a
restraining order.
[Photo caption: Newell stands in front of the Brockton police department
where he was kept in a filthy jail cell for two days even though the
police knew about his wife's mental problems.]
[Photo caption: Newell points to spot on other side of fence where ex-wife
was parked although she was supposed to be in the front of the building.]
"Obviously, that was not done here by either police department. If they
had, they would have laughed at her. These police and the towns can be
sued," said Atty. Pawlick.
The federal case with the City of Lawrence may possibly be settled soon
with a cash payment to the father, who tried the case himself.
Police Violate Their Oath
What caused Ken Newell to be thrown into a filthy jail cell for two days?
He went to a visitation center in Brockton where he picks up his children
every Thursday and every other Saturday for visits. On that day, he was
told to arrive at the center fifteen minutes before 9 a.m. and park behind
the building. He then enters the building when an employee opens the back
door and signals him.
The former wife is supposed to arrive with the children at 9 a.m., park in
front of the building and enter through the front door.
The children get transferred to a room in the rear of the building to join
their father. The woman is supposed to wait there while Newell leaves with
the children.
According to Newell, on Saturday morning, October 13, he arrived at the
visitation center at twenty minutes to nine. Another gentleman arrived a
few minutes later and they stood waiting in the lot discussing flag
stickers on their trucks.
"Then a girl came to the back door and opened it, so we had to go in,"
said Newell.
"As we were walking up to the door, on my left-hand side, there is another
parking lot about thirty feet away divided from us by a six-foot-high,
chain link, security fence.
My ex-wife pulled into that parking lot, then all of a sudden backed up
fast because she saw me. Then she stopped. I looked and gave a smile to
my daughter. Then we walked into the building."
Newell waited inside until five minutes after nine. "The woman came out
and said, 'Your kids didn't want to go with you. You're going to have to
wait here an additional ten minutes for the wife and kids to drive away.'"
He waited for ten minutes and then she said he could go, says Newell.
The rest of Newell's morning and afternoon, he says, was filled with
business paperwork and various errands. Newell then went to a friend's
restaurant where he did some work.
At quarter-to-five, as Newell left the restaurant, two Holbrook police
cruisers drove up and blocked his vehicle.
Newell says the police informed him that he was under arrest for violation
of 209A (restraining order) because he saw his wife at the visitation center.
Newell told the police he did not violate the order. He said he was at the
center for the visitation and the former wife arrived early and parked in
the wrong lot.
Visitation Center Employees Agree with Newell
According to the police report, the employees at the visitation center
agreed with Newell's story. The report says, "Victim Catherine was not
parked in the correct parking lot."
The former wife told police that when she drove up, she saw Newell put his
hands in his pockets and give her a "penetrating, mean looking stare." She
also complained he was six to nine feet away from her when he should be
one hundred yards away.
The daughter agreed that Newell made a face, according to police. Newell
explained that his former wife tries to alienate his children from him and
tells their daughter what to say, a common complaint among divorced
fathers without custody.
According to the police report, the former wife was upset when she went
into the visitation center. She asked two employees to keep Newell there
for twenty minutes while she drove away to call the police. She also told
them to tell Newell that the children did not want to visit with him today.
Filthy Jail at Brockton
Newell was kept at the Brockton police station from Saturday through to
Monday. There was blood on the walls and floor in the holding cell. He was
told the previous occupant smashed his head on the wall and was bleeding.
Nobody cleaned up the mess.
"The cell was very filthy. There was urine on the walls, spit on the
walls, plus the blood and everything else. The toilet reeked. There were
ants floating around on the floor and I slept on a hard wooden board,"
said an unshaven Newell after he was released.
Newell stood with his hands and feet shackled at his arraignment Monday in
Brockton District Court. He was released on his own recognizance and his
case was continued until Nov. 30.
Brockton and Holbrook Violated Constitution
It was Judge Edward F. Harrington who said last year that a policeman and
Lawrence could be liable for damages in his U.S. court for doing what the
Brockton and Holbrook police did to Ken Newell.
The city of Lawrence attempted to have the case thrown out before a trial
was held. But the judge refused to do so, holding that if the plaintiff
could prove what he alleged in his Complaint, he would be entitled to cash
damages.
The facts in Newell's case appear to be stronger for the father than they
were in Judge Harrington's case.
The policeman there argued to Judge Harrington that he had followed
Massachusetts law. He claimed he had investigated the case thoroughly and
had good reason to arrest the plaintiff because he had obtained a copy of
the restraining order, researched the law, consulted with both his
supervisor, Sgt. Robert Nochnuck, and the clerk magistrate of the Lawrence
District Court, Keith E. McDonough, before issuing a warrant for the
arrest of the plaintiff.
However, the father-plaintiff in that case, James Nollet, argued that
under a 1991 opinion, Lewis v. Kendrick, from the U.S. Court of Appeals in
Boston, the policeman should have realized that the accusation by the
ex-wife was totally unsupported and unverifiable and therefore did not
constitute probable cause. He argued that the police can not arrest as
soon as they hear an accusation from a woman without determining that
there was probable cause to arrest.
He also argued to the judge that the policeman made no attempt to talk to
him and hear his side of the case before issuing the warrant for his arrest.
In the present case, the harassment of Ken Newell is legend in both towns
and the police know all about it.
In the case from the U.S. Court of Appeals which was cited by Judge
Harrington, the court wrote that "an asserted victim of a crime is a
reliable informant even though his or her reliability has not theretofore
been proven or tested," but, if possible to do so, the officer must verify
the facts and cannot take the word of just the alleged victim.
Nollet sought damages for "false arrest" and "false imprisonment." He told
the court in his original Complaint, "[T]his is urgent because [plaintiff]
believes Defendant's illegal warrant and arrest was not an isolated
incident, but rather is something that happens frequently and routinely in
the Commonwealth of Massachusetts, in that men are always arrested, even
without Probable Cause, as soon as police officers understand that it is
an accusation of Domestic Violence or violation of a Restraining Order
that has been made. It is Plaintiff's belief that police officers everywhere
must be sent a message that constitutionally sub-standard arrest cannot
and will not be tolerated, even if such arrests are performed to attempt to
alleviate the serious problem of Domestic Violence."
Told He Will 'Never Win'
When Newell and his wife first separated, the court psychologist, Dr.
Krock, advised Newell, to leave the state and his children. "Ken, you have
to understand one thing. You will never win," she said, continuing, "The
best thing for you to do is let your wife have everything she wants. Give
the kids to your wife and leave the state for a few years. Then come back
and everything will be calm."
Attorney Chester Darling tells Massachusetts News, "This newest case is
another instance of an abuse of the court system by women who deliberately
manipulate it to their advantage and to the disadvantage of their
children. It's always the children that get hurt in these procedures, and
it's my intent to bring an abuse of process action against this person to
stop her from this illegal activity."
http://www.massnews.com/10161ken.htm#1
Sidebar:  Plymouth Police Did Not Arrest
What Is Wrong with Holbrook and Brockton?
The last time Ken Newell's former wife called the police was on November
30 last year. She told a Plymouth police officer that Newell was following
her in his truck. He was, in fact, out with friends that evening in
another town. The police officer noticed that the woman's story did not
add up after questioning, and he wrote in his report: "At this time I
asked Ms. Newell to fill out a victim statement form. Ms. Newell was
adamant about not filling out the form. Ms. Newell further stated that she
does not want any further police services. Due to the inconsistencies of
Ms. Newell's statement and the lack of cooperation, this officer is not
seeking any charges in this incident."
Copyright  2001 Massachusetts News, Inc.
MN Home:  http://www.massnews.com/

UPDATE:


http://www.massnews.com/10191ken.htm
The Massachusetts News
October 19, 2001
Ken Newell's Children Are Denied Visitation with Father;
Not by Judge but by Visitation Center
by MN Staff
Ken Newell was notified yesterday by the visitation center in Brockton
that he can no longer visit with his children because of the
"inconsistency of his visits."
But Newell has always made his appointments, it is only his wife who has
failed to bring the children as required.
It was not a judge who cut off his visits with his children. It was the
organization which runs the center, the "nonprofit" Brockton Family and
Community Resources Inc., which is run by another woman who dislikes men,
Pat Kelliher.
It is unclear why a private organization was given this power over a
family and act like the judge in the case.
But it certainly has put power into the hands of women like Kelliher who
are hostile to and dislike men.
Ex-Wife Planning More Trouble
Newell is also concerned because his wife has falsely told the court in
the past that he made annoying telephone calls to her.
This is a charge that is almost impossible to refute. It becomes a
he-said, she-said with no chance of proving that she is lying.
He was happy that he did not know her present address or her telephone
number. Therefore she could not make that charge against him. But she
served him with a Complaint for Non-Payment of Support this week. This
charge is not true because he makes all his payments to the Department of
Revenue and he is not delinquent.
He worries that she did this in order to give him her current address and
telephone, which is clearly written by her on the Complaint, so that she
can start to pull that trick again.
[Earlier story (more online):
 Ex-Wife Has Ken Newell Arrested By Holbrook,
Brockton Police ... for 27th Time !
http://www.massnews.com/10161ken.htm
(posted with title, Father Jailed ... for 27th Time !)]
Copyright 2001 Massachusetts News, Inc.
MN Home:  http://www.massnews.com/

 

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