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David Bardes was left in a hypothermic jail cell for 32.5
hours, 31.5 more hours than Bush's torture memo allows
While pundits around the country discuss the United States' torture of suspected terrorists, one U.S. torture victim has gone unnoticed. United States child support collection problems are common, and in David A. Bardes' case, almost deadly.
Part One
Bardes, who lost 126 friends in the World Trade Center attack on September 11, wanted nothing more than to be a good dad and equal parent to his son and daughter. He didn't ask his wife to have an affair with the nanny's husband. And when his ex-wife moved their children to another state after the divorce, Bardes followed, twice.
Due to the children living in three states over a short period of time (PA, NC, SC) Bardes had all three states charging him child support, resulting in mistaken arrears. Bardes says he never willfully withheld child support, and documents related to his Federal court case (#02:08-487-PMD-RSC) support his claim.
Bardes developed severe depression after being treated like a criminal. He says they "seized assets, destroyed my credit ratings, destroyed my business and income, and my mental health." He lost so much weight he was "skin and bones." This man who once made $180,000 a year now had a hard time finding employment.
One judge dismissed the arrears. Which makes one wonder why the next one, South Carolina Judge Garfinkel knowingly filed paperwork stating that Bardes was in serious arrears, charging him with immediate arrest and six months in jail.
Bardes alledges that the State Attorney for South Carolina Department of Social Services (DSS) John Magera sent him a death threat earlier through a friend. Judge Garfinkel's decision, the arrest of Bardes, and the torture that followed almost left two children without a father.
On the ride to jail, I looked out the back window and stared at the drivers that were tailgating and passing the jail truck. I was forlorn and the situation was surreal. I was going to my death, and I accepted it fully. I was not sure how they were going to kill me, but I was soon going to find out.
Bardes was now under the control of Al Cannon, Jr. Esq, Sheriff of Charleston County. On April 3, 2006 at 6:20 pm Bardes was left in a small jail cell that had forced cold air coming through two large vents. (see photo below)
The air was 55 degrees. After a short time Bardes realized this was a hypothermic chamber. That fact would be confirmed in the reply to his inmate grievance form which states the cell is used to "subdue" prisoners, so they are "less likely to riot." (see document below)
Tortured for child support arrears, he didn't owe - part two
- Tortured for child support arrears, he didn't owe - part two
- Tortured for child support arrears, he didn't owe - part three
- Tortured for child support arrears, he didn't owe - part four
- Family Rights 101: Why is there a fathers rights movement?
- Family Rights 101: Where can I learn more and hear victim stories?
- SUPPORT? System Down Documentary
Comments
Thank you for reporting on this. One of the many reasons for the high suicide rate of Men...alienation of Fathers.
When parents divorce, joint custody should automatically be given and the custodial parent should not be allowed to move out of state without permission from the other parent. If courts would recognize that both parents should have equal right, it would eliminate half the court battles.
Can you imagine the outrage if female prisoners - falsely imprisoned or not - were treated this way?
Why are men treated so harshly to women, in this so-called day of 'equality'?
Yet again, feminists will be silent - or worse, defend this barbaric system which favours women at men's expense time after time.
they do this to women as well.
First the fact that this women got Child Support orders in three states should be cosidered fraud! Second every one that is involved in this case form the Judge right on down to the child support case worker should be in jail for helping her at this fraud, And last the local law that did this should allso be in jail! The only way that we are going to stop this kind of treatment of men in our country is to start holding everybody accountable If thay can do this to one American thay can do this to any American, This is how Dictators get there start!
But what can be done?
I spent a total of 9 months jailed for failure to pay extortion, and we had to put card board or whatever we could over the vents. They don't give you enough clothing or blankets to stay warm. They definately chill you to subdue you.
Let's call it what it is: EXTORTION. It's only child support if you agree to unequal custody or you are truly a dead beat that never tried to be a Dad. Denial of due process and parental rights is torture in itself.
ExiledFathers.org
Stop the war agaisnt fathers marriage and families, ppor divorced-adopted-aborted children mostly their father and his family), cruel brutal governmentviolence&mothermob, defathering is a crime and divorce childabuse, an insane reality and its not normal when fathers don't die of it ...
I'm a mom, that was forced to work with 7 herniated disc in my back after a dr said no work. Most times I sat in a wheel chair when I could not put weight on my legs to stand. I was forced to go to work, to repay the state of NC for a check(welfare) that my mom signed up when she took my oldest child from her father's home, where I left her with the agreement with the father that I would take one child (infant) and he take the teen and we would owe each other no support. My mom stepped in and removed her without my ok and signed up for the check and got it over a year without my knowledge and without me getting any support for the other child and then the courts forced me back to work to pay all that I could make each week to pay them back all that they paid out, while my ex paid not a dime for either child. I made it and shortly after had to have two operations to put metal plates in my back and neck to hold my spine together. Not just fathers are tortured by the system !
The Common Law use to prevent the state imposing child support unless there was proven harm to the child. Remedy for injury model of law. Now the punishment of child support is imposed based on the opinion of a judge, not a measurable and provable act.
Now the judiciary will do whatever it can to get Title IV reimbursements from the federal government. These reimbursements are based on how much child support the state collect. So the state artificially inflate child support awards and impose a punishment without wrongdoing all to get that Title IV money. Torture is a common tactic to collect this illegally imposed child support
Stop the waterboarding of AMERICAN FATHERS!
ITs time Judges are held accountable.
Invoke the Grand Jury Powers of the People.
Teri,
Doesn't suprise me a bit. Unfortunately law makers in general were once attorneys. Why would they want to change the "Divorce Industry" and the Cash Cow that made them rich? Child Support is EXTORTION! Why not give me EQUAL TIME with my kids? I would call that Child Support.
The same thing almost happened to me. My ex moved from state to state and I had three states trying to get child support from me.
They took $$ out of my bank account, garnished my wages, etc.
Thanks Terri for pointing this out. Great story.
My Ex was laid off in March from GM in MI. Haven't recieved a dime in support. He visits the kids. Is there for us in any way he can help. Putting him in jail would only hurt his bond with our kids and taking away his driving licence would make it impossible to find a new job....His love is all he can give now but that is all the kids need. Yes we struggle to make ends meet, but we will get through this hard time, together for OUR kids!
Women are treated as harshly in some states, even when I paid on time, because of a "clerical error" @ the clerks office, I fell behind on paper, so I lost my license; then lost my job which snowballed into a horrific nightmare, I don't have "extra" for lawyers, so I have been jailed more than once while things are getting straightened out. It is very common for jails to be freezing, and it was my experience to be left in a booking cell with no running water and no toilet paper. (Gross I know) for 30+ hours. When I knocked asking to use a toilet I was threatened with pepper spray. I do believe that the non-custodial parents are often alienated, regardless of gender. I side with the commenter that noted the enormous CASH COW this industry is. Why fix it when there is so much money to be made at the expense of our families? It is sad.
When officers of the court knowingly willfully and wantonly violate all law and human rights they cease to be ‘officers of the court’. They become parasitic criminal hooligans and thugs in the employ of a criminal industry. I regard family court as one of the lowest forms of criminal industry. Not unlike pedophiles they hide and excuse their vile actions as being “In the Best Interest of the Children”. Nothing short of criminal prosecution and civil liability will change this scandalous bastardization of our laws by these thugs.
I am personally aware of the very court system that Mr. Bardes is speaking about and I can testify to the validity of what he has said.
I wonder if men would get this worked up if they knew that millions of women in this world are abducted and sold into sex slavery and usually die there. Probably not! This story is an unfortunate one, but bad things happen to good people every day. It doesnt mean this kind of thing is a problem in America. It is one isolated incident.
To ?,
You are wrong on both points.
The sex slave hype is just that: hype. (check: www.guardian.co.uk/uk/2009/oct/20/government-trafficking-enquiry-fails)
And this incident of torture is not rare. Just rarely reported. Keep reading this series.
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