ALEXANDRIA, VIRGINIA -- As a consumer from your state, I felt it was my responsibility to bring to your attention the following incident.
Tragedy - Not Justice - In Virginia
Simi Valley resident Linda Nelson may be arrested shortly by the District Attorney of the County of Ventura. She is accused of refusing to send her child for visitation with her former husband in the State of Virginia. According to a Declaration filed by the minor under Penalty of Perjury in Case No. SD 021982 filed in Superior Court in Simi Valley the child declared, 'My father, Edward Bongiovanni, would get into the bathtub with me and rub his penis up and down until it grew big. This happened frequently whenever I would visit. Moreover, when I would complain, my father would hit me severely leaving bruises'.
On August 1, 2003 the Superior Court was asked to issue an emergency Order keeping the child in the State of California until a psychiatric examination of the child could be done and until the allegations could be further investigated.
On August 5, 2003 the Judge in the Ventura Superior Court elected to give jurisdiction with regard to the matter to a Virginia Court which has already demanded that the mother allow the child to have visits with her father in Virginia and unsupervised by anyone. In other words, the Court in Virginia, the home of the father of the child wants to force a molested child to visit with the person who the child claims to have molested her without any protection for the child.
Although the Superior Court in Simi Valley could have asserted his right to emergency jurisdiction in order to protect the child, it has refused to do so. Similarly, the Human Services Agency refused to step in to assert the jurisdiction of Juvenile Court to protect the child. The mother, Linda Nelson has been placed on notice that if she does not force the child to visit with her alleged molester, the mother will be arrested and jailed.
Verification of this story may be accomplished by reviewing the documents on file in Case SD 021982 in Superior Court in Simi Valley, CA. You may further contact this office at 818-348-3500. The mother may be contacted at 805-581-9428.
Robert M. Levy, Attorney for Linda Nelson
6740 Fallbrook Avenue, West Hills, CA
Tragedy - Not Justice - In Virginia
(links herein provide greater detail)
additional court info relevant to Virginia:
The biologival father lives at 4901 Seminary Road, Apt. 1007, Alexandria, VA 22311
The case has gone on for 11 years in the Alexandria Family Courts as has the molestation and abuse. My daughter and I however, moved out of VA 6 years ago (with the court's permission) to Simi Valley, CA. Because the crimes are committed in VA durning visitations, my home state of CA is helpless to do anything about this on the criminal aspect. Because Judge Rideout refuses to release jurisdiction of the case to CA, our CA Child Protective Services people nor can our courts do anything about the abuse and molestation.
Things that have been done to Desiree are considered felonies out here - in fact had this been happening out in CA, my ex-husband would have had a psychiatric examination and having failed that, probably never again allowed to even see Desiree because the state of CA does not believe in putting the victims of molestation back in the prescence of their predators - he'd have been in jail already I've been told, serving time for the molestation.
Judge Rideout refuses to consider the reason Desiree has fought these forced visitations all these years (and deeply hates her father) is because during the visitations she is abused and molested. He prefers to follow the mantra the State of VA has, which is to keep the family unit together at all costs. That is how Katelyn Frazier and Brianna Blackmond ended up dead while in the jurisdiction of the same court and Child Protective Services.
Instead, with a need to cast blame, Judge Rideout prefers to believe Desiree is a 'classic case of Parental Alienation Syndrome' (PAS) although Dr. Susan Tuttle, Desiree's psychologist reported in 1999 that Desiree does NOT have PAS and neither does anyone else in this family. Two months ago, Desiree was seen by a specialist in PTSD (Post Traumatic Stress Disorder) because the medications she's been on since last August are not eliminating the nightmares, extreme emotional roller coaster, etc. It was confirmed by the specialist that Desiree indeed does have PTSD, a common illness of children who have been molested and/or abused.
Judge Rideout, along with the help of his court-assisgned Guardian ad Litem, Jonathan Westrich, have refused to allow any reports from Desiree's psychologist (Dr. Susan Tuttle) into the VA courtroom as evidence - there are 4 reports now - nor the report from Desiree's medical practitioner, Dr. George Carbone, who diagnosed Desiree with G.E.R.D. over three years ago (the G.E.R.D. was just the first of the illnesses to appear because of the massive amount of stress Desiree undergoes pre- and during the visitations). Because they are California practitioners (and all three are highly qualified - in fact one is court-certified to testify) does not mean what they have to say is not highly revelant to this case. These medical practitioners see Desiree frequently (her psychologist sees her every week) - and THESE are the people who's opinions should be heard.
PAS is not even a viable defense in the majority of family law courtrooms around this country because it is not based on any scientific facts nor medical trials. You can read more about this perspective of this case at the web page which also lists Desiree's declaration to the courts:
Tragedy - Not Justice - in Virginia
Regardless of the fact we live in California, a child-now-a-young-lady has been horribly abused and molested by her biological father who lives in Virginia throughout the years during visitations when she comes back across the state lines. Our state cannot step in and do anything (the legal system nor Child Services) because Judge Rideout (of VA) refuses to release the jurisdiction, refuses to consider the reports from the 3 California experts and prefers to stand on his ego, not knowing the facts in this case.
The GAL has REFUSED to even allow Desiree to speak directly to the judge, citing himself as an expert (he was childless until this past year because he took 6 hours of classes). Who better to tell the judge what is really going on than 1) the teenager herself, 2) the psychologist who treats the teenager every week or 3) the specialist who has diagnosed the PTSD coming from the sexual molestation?
But secondly, let's consider another side of this issue. We fought for almost 3 years to get a judgment against my ex-husband who refuses to pay child support. Judge Rideout refused to rule on my ex-husband being a deadbeat dad and the GAL insisted it was not his job to enforce child support orders either (~!!!!). After going to a higher court and having a hearing in Judge Haddock's court (Appeals Court), he issues judgements from the bench to get my ex-husband back to paying his child support. He tasked ALL of the attorneys present at the hearing to bring back into the courtroom the FIRST time my ex-husband was even a week late, because my ex-husband (at that time) was over 4 years behind at a 50% reduced rate of the VA statues.
My ex got 6 months plus behind and NONE of the attorneys at that hearing would agree to go back in front of Judge Haddock and advise him my ex was once again behind. The GAL was dismissed from this case on October 30, 2002, although he was not dismissed as the trustee of the monies collected so far from behind child support.
Sometime between October 20, 2003 and January 2003 -- somehow -- someway -- and not one attorney can tell us how my ex-husband's attorney managed this, the slate was ERASED COMPLETELY CLEAN of ALL outstanding child support debt. Over $20,000+ in judgements and monies just disappeared off the face of the earth - and no one can tell me how all of this was deleted/erased from the Virginia Child Support Services system. If my ex-husband's case number is pulled up now, it shows him as owing ~0~. Where did all that money go? That was my daughter's college fund. Four years from now, per the agreements I signed in 1997, there SHOULD have been over $40,000 in a trust fund in my daughter's name for college.
Tell me there's not some major 'fix' or crookedness going on in this case.
A sexual predator is allowed to molest over and over his biological child under the guise of fathers' rights... thousands of dollars just disappear without a trace... and everyone keeps looking the other way when I attempt to bring these things to their attention.
I have a young teenager who's psychologist says can no longer psychologically handle these visitations because of the abuse and molestations. I asked to have the child support cut in half - half to go into an interest bearing trust account in her name and the other half was to be spent for travel expenses so my ex-husband could see his daughter here in CA (he's a travel agent, btw, and travels for free). Not once in 5 years has he come out to CA to see Desiree because he filed false police reports here in the State of CA and faces a civil warrant when he crosses the state line. In 5 years, he's called her 7 times (5 being court-ordered). And for that, he receives a reduction of $3,150 per year in child support, that rightfully should also be going into a trust account for Desiree's college. Her college fund has vanished.
Any wonder between the abuse and molestation, she literally hates the ground he walks on? And now says she will not ever again go to VA unless it is in handcuffs? And you know? I can't blame her.
We have refinanced my husband's house twice now to pay for legal fees to attempt and keep her safe - or at worst - get supervised visitation visits. We've spent $38,000 in legal fees on this case alone.
So should your newspaper be interested in this case? Any idea how many other children in Virginia are going through this same kind of hell because of the massively-screwed up set of family courts combined with the child protective services that lose child after child 'through the cracks'?
Children are NOT property - regardless of the state, EVERY child is entitled to be free from abuse and molestation, as well as to be financially supported by BOTH parents, not just the mom who's been there 24/7 through it all. Desiree's case is not unique - at least once a week some mom or dad writes to me, telling about the horrors they are going through. Currently there are over 50 GALs in VA being investigated because of the way they've handled their cases and their clients' monies. Investigation goes on - children die - and it all remains covered up because no one in VA wants to step forward and take a good hard look at what's going on.
Linda Nelson (Mother)
As a resolution, I would like the following:
I want jurisdiction revoked from VA and placed in CA,
I want the threat of prosecution to be removed, I want Desiree to be SAFE from her sexual molester and I want all monies owed to be paid
THEN I want Ed Bongiovanni prosecuted for sexual molestation, incest and child pornography.
And all judicial corruption participants in this case disbarred.
THIS IS AN OUTRAGE
Please contact me if you need more details regarding this incident.