On Monday, a Texas Family Court judge gave custody of a toddler to the father, who is charged with killing the boy’s mother. Local media characterizes it as him having “mowed her down” with his truck.
Yet, he is out on bond.
According to the prosecutor, the father deliberately ran over Brittany with his truck and killed her. The initial charge was murder, but it was later reduced to manslaughter. Manslaughter is a homicide that occurs without malice aforethought, while murder is a homicide that occurs with malice aforethought.
The 1-year-old toddler has been living with his maternal grandmother since his mother’s death in May. By all accounts, he was safe and happy with her and the extended family, including an auntie who is passionate about getting “Justice for Brittany”.
However, the father was recently released from jail due to his bond being drastically (suspiciously?) reduced. His first stop: Family Court. Gotta get custody and control of his property. And he did…
Thanks to another male-entitling judge, this self-confessed killer is not only allowed to run around free, but has custody of his child.
Shocking but not surprising. And it’s not just Texas.
Local and national media are all over this story, as it seems so incredible that a judge would do this. But it’s not really surprising if you put it in context of the Custody Crisis…
BRITTANY’S STORY
Brittany gave birth to Little Luis at the end of last year.
According to her family, Brittany was a victim of serial violence perpetrated on her by Luis’ father, her boyfriend. Although she had tried to get protection, she was unable to.
On May 27th, the violence came to a head while they were arguing in his truck. Surveillance footage caught him throwing Brittany out of the truck. Neighbors report hearing tires screeching.
After throwing her out of the truck, he ran over her. She was declared dead at the scene of the crime.
He admitted to killing her and prosecutors charged him with murder and was incarcerated with an appropriate $600K bond.
TO TERMINATE OR NOT TO TERMINATE
The day after her death, Brittany’s mother filed a motion to terminate the father’s parental rights and adopt Luis. She also filed for a restraining order against the paternal grandparents, who were, according to the family, abusive and complicit with their son’s abuse. The RO was granted and Luis stayed with Brittany’s mom.
Not long after that, the paternal grandparents were allowed to intervene in the case. They requested a modification of the order. It is unclear how that was decided, but it became apparent they were in on the fight to take Luis away from Brittany’s mother.
In October, a judge reduced the father’s bond to a mere $100K and the perp was released from jail. He immediately filed a motion to quash the grandmother’s petition for guardianship of Luis and the termination of his parental rights.
On Monday, there was a hearing on the father’s motion to quash in front of Randall County Judge James Anderson. The prosecutor came to Family Court and asserted to Anderson that the father “engages in conduct that could physically or emotionally harm the child”. As if the judge needs to be told that when he has killed their mother.
But Judge Anderson granted the father’s motion to quash anyway. Using his unlimited discretion, he found that there was insufficient evidence to terminate the killer’s rights. There it is again: insufficient evidence—according to a judge.
Hence, as the only surviving parent, the killer got sole custody. And the judge sealed the deal by making his order non-appealable.
So Luis was immediately whisked away, out of his grandmother’s arms and into the arms of the man who had killed his mother. Away from his mother’s family with whom he had bonded.
An attorney for the grandmother said she was devastated by the judge's decision and is "afraid for the child's safety."
In the end, as usual, this father was bequeathed his patriarchal property by a judge who is part of a system designed to ensure just that.
JUSTICE FOR BRITTANY
Brittany’s family was horrified and furious that the man who killed her got custody of Little Luis. They are determined to get Justice for Brittany—for the father to be incarcerated and Luis be returned to them, where he belongs.
Jessica was devastated by her sister’s death and started a “Say Her Name” campaign to raise awareness and keep her memory alive.
Brittany was the kindest, free-spirited, loving mama. She was my sister, my best friend, my confidant. Everyone who knew her could feel the warmth that radiated through her heart.
She was the sweetest mama to her sweet, Luis. Anyone who knew Britt, knew she loved him more than anything in this world. She never deserved to be taken from him, the world, us..
Brittany’s family is angry at the courts and law enforcement for failing Brittany and Luis. They are all afraid for his safety and well-being.
Brittany was a victim of domestic violence and the judicial system refuses to take accountability in their actions to protect her as a woman, as a mother. [The perp] proved time and time again how dangerous he was to her. How dangerous he IS to their child.
The monster who took you from this world gets to walk around freely, without a care in the world. It’s disgusting how unjust this entire situation is. This monster has NEVER seen any sort of repercussions for anything he’s done to Britt. NEVER.
The justice system is failing her. She deserves to have a voice. We are her voice…
Their anger is not reserved for the killer. It extends to his parents whom they say are “despicable” and continue to enable him. They hold them largely responsible for getting their son out of jail so that he could get custody, possibly financing the whole scheme.
His family is despicable. They laughed and mocked Brittany and her family, us, in the courtroom. They were aware of his abuse and manipulation. They participated themselves.
Brittany faced repeated attempts to silence her, to make her feel small, devalued, and afraid. This family, who continues to support and defend her abuser, fights for his freedom—a freedom he should never again be granted.
The paternal grandparents own a local restaurant, so Brittany’s family and friends are protesting out front and boycotting it. Perhaps they care enough about their reputation to give Luis back?
If you go to eat at and support this restaurant you are no better than them. It’s not just the son. It’s his father and uncle that tried to cover it up and are acting like it’s not a big deal to take a mother’s life.
TAKEAWAYS
If the father is found guilty, he will do jail time, possibly substantial time. The sentencing guideline for manslaughter is 2 to 20 years, with 10 being the normal length.
Where will Luis go when the killer is in prison? And should he ever have custody again after being convicted of killing his mother?
Ahhhhh, this is where it all comes together, in case you didn’t see the grand scheme.
The father could not file for custody while incarcerated. Reducing the bond so he could be released from jail gave him the opportunity to get custody before he is convicted.
After the father is convicted and imprisoned, the judge can simply say that it’s in Luis’ best interest to stay with the paternal grandparents, since he is now bonded to them. That way, when the father is released from jail, he will retain control of his child through his parents, if custody is not outright granted to him.
In any case, it is the father and his family who remain in control of the paternal “property”. That is the agenda and explains the scheme seen in Brittany’s case.
So there you have it. That is what happens in a patriarchy.
And you thought patriarchy was dead. Hah. Think again.
In the most important aspect of a woman’s life—her children—patriarchy is alive still alive and well: via the Family Court system, which is designed specifically so as to ensure male control in the family post-separation.
Until and unless women come together as women, as half the population, and take back the power to keep and protect our children, judges will continue to take them from us.
Join The Women’s Coalition.
RIP BRITTANY
IN OTHER NEWS
SIS FORUM
Our next SISTERS IN SOLIDARITY forum is this Saturday, November 16th: 1pm Pacific; 4pm Eastern; 9pm London; 7am (17th) in Sydney.
If you’d like to join SIS, please fill out this form. You will receive an invitation to the zoom a few days before [check alternate inboxes].
More info about SIS here.
CHAPTER 27; ACT II IS OUT!
In this section of Chapter 27, Act I finishes up and Act II, Part 2 begins. After Legion is awarded primary custody, things seem to be OK…for a minute. But Herry gets the boys for the entire 1989/90 holidays and she has to spend them alone. To cap off the miserable season, she is told that her job as an assistant Microbiology professor would not be renewed in the spring semester.
The 1990 New Year brings even more bad news. With the ink barely dry on the divorce decree, Herry files for primary custody and child support, despite the fact the law prohibits modification unless there is a significant change of circumstances. Act II begins with Legion needing a new attorney to prepare for the second custody trial. Meanwhile, Herry’s got a replacement mother in the works.
In the last section, the divorce is finalized and Legion is given primary custody. She dissects the Findings made by “daJudgeMan” noting how double standards prevail throughout and how the judge degrades her and uplifts Herry. Herry’s misbehavior, crimes, and history of terrible parenting were dismissed and she was ordered to “overlook” all that. She and the boys move into a cozy condo just walking distance from their school.
CHAPTER 27 of Mother-Fucking: The Saga of One Fucked Mother begins with Act I of “The Opera”—from Book 3, the last part of the book. The Opera has three Acts with five Parts—one part for each of the three Family Court trials and two Appellate trials. Chapter 27 covers Acts I and II: the first two Family Court trials and the first Appellate Court trial. [This is a long chapter and will be published in newsletter-sized bites.]
Dr. Blue’s novel is based on her own experience of the Custody Crisis. It uniquely conveys how Family Court judges are “mother-fucking” women—a form of systemic oppression and violence directed at ex-wives—as protagonist Legion is systematically and methodically deprived of her children and money and reduced to “one fucked mother”.
Chapters are stand-alone interesting so you can begin reading anywhere. A Cast of Characters follows to help readers at any point [on the web page]. All published chapters are included in the Section: “Saga of One F**ked Mother” accessible on the top bar of the home page of Women’s Coalition News & Views. Sequential chapters are published every Wednesday and subscribers will find them in their inboxes, so make sure to subscribe if you haven’t yet!
TEASERS
Mother‑fucking, conniving conundrum this was right off after the official divorce for the holiday seasons of both 1989 and 1990. Mother’s rights?! Ha! Mother’s rights be damned. They be fucked. Fucked up any which way. Pillared‑Man Herod Edinsmaier was going to—and did—have the Truemaier Boys for Thanksgiving Day night, Christmas Eve, Christmas Day, New Year’s Eve and New Year’s Day.
17 January 1990. Again in the Iowa District Court for Storm County and in Case #9215–8801, the sheets were stapled together and entitled also again in capital letters, PETITION FOR MODIFICATION and first began, “The Decree provided (a) Respondent is to have the children’s primary physical care and (b) Petitioner is to pay child support in the amount of $1,800.00 per month.”
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... and though it may seem unfathomable, strap-in. because things are about to get even worse.
Disgusting. I stand with her family…her poor son is a pawn in a nefarious power control game. RIP. I wish you never experienced this. A light taken. This is disgusting and disturbing, yet unfortunately becoming a common theme.