Assuming we believe Chandler was drugged and implanted with false memories by his father...

MJMThriller

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...then why do we demand that he apologise for lying? Surely, if he was drugged and given false memories by his father, he would actually believe that he was molested? To him it would seem as if the molestation actually happened, even though it didn't. Why do we demand an apology from him, if his mind has been tampered with?
 
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Re: Assuming we believe Chandler was drugged and implanted false memories by his father...

I don't give a crap about those idiots. It's to late to apologies, to late.
 
Re: Assuming we believe Chandler was drugged and implanted false memories by his father...

^^ I agree...


However, I don't ever see Jordan Chandler or his Father going public with an apology...To do so would admit their guilt, I'm sure legally they'd be in deep, deep sh*t if they did! They aren't that stupid...
 
Re: Assuming we believe Chandler was drugged and implanted false memories by his father...

yeah ur right he cant rea;;y apologise
 
Re: Assuming we believe Chandler was drugged and implanted false memories by his father...

Well Jordy stopped co-operating with authorities, so at some point he must have realized what was going on..
 
Re: Assuming we believe Chandler was drugged and implanted false memories by his father...

whoa this thread's title is giving me dissertation nightmares
 
Re: Assuming we believe Chandler was drugged and implanted false memories by his father...

Well Jordy stopped co-operating with authorities, so at some point he must have realized what was going on..

Yeah...after he received a $25 Million dollar payout! lol :yes:
 
Chandler will never apologise. If he does he has to give back all those millions and authorities will be on his back for falsely accusing Jackson.
 
I just hope it rots away at their conscience so that they finally admit to lieing. But they're too selfish, as if they would want to give up their lavish lifestyles, earn money the proper way and admit to being vile, lying human beings.
I hope more and more people read the GQ article and The Conspiracy and Redemption books. I think that's the only way to get the truth out there.
I'm so happy we atleast have those, but Michael should've never had to of gone through any of this.:no:
 
exactly if they admit they lied they're in alot of trouble and could be made to give back the millions michael gave them
 
so basically Jordan Chandler ruined michael jackson's entire life and is really the reason for his death.
I think you're right... I was trying to see an alternate future for MJ and if that Jordie meeting never happened maybe, who knows, MJ would still be alive today... To be more accurate, I think if MJ's car hadn't broken down that fateful day then the meeting with Jordie's stepfather wouldn't gave happened and so on...
 
Re: Assuming we believe Chandler was drugged and implanted false memories by his father...

Well Jordy stopped co-operating with authorities, so at some point he must have realized what was going on..

Jordan Chandler didn't stop cooperating with the police due to the kindness of his heart. It was because of the settlement. Plain and simple.
 
I just hope it rots away at their conscience so that they finally admit to lieing. But they're too selfish, as if they would want to give up their lavish lifestyles, earn money the proper way and admit to being vile, lying human beings.
I hope more and more people read the GQ article and The Conspiracy and Redemption books. I think that's the only way to get the truth out there.
I'm so happy we atleast have those, but Michael should've never had to of gone through any of this.:no:

I agree.

Plus, ok, when it occurred, he was a child. now that he is a grown adult with a child (?) you would think he would do the honorable thing.
As far as being unable to apologize because he was forced to believe it happened. I don't buy it. Not for a moment. But I am trying to research more about it. I never believed the lies, so never really needed to delve into it. Now I am just pissed. Every argument is based on this stupid 1993 case.
Interestingly, I have been reading the transcripts and court coverage of 2005, I can't believe that whole trial was even carried out. I mean... if ever there was the LEAST CREDIBLE people, it was this family. Unbelievable. I am so disgusted. I have only read half of the transcript.
Its ok, karma will pay everyone a visit. I hope we are ready when that happens.
 
y'all are funny. um, he NEVER cooperated w/ police. he never said a word. it was his father.

kid read from a paper. signed a statement written by his FATHER.

he wasn't given sodium amytal. evan isn't stupid. he did that so that jordan wouldn't be a witness. cuz IF he gave it to him, his memories were tainted. they couldn't prove he didn't give it to him so he was an invalid witness....something garcetti and sneddon never admitted to. they couldn't put him on the stand, aka had no case b/c of the possibility thathis memories were tampered with

shortly after the INSURANCE PAID OUT settlement, he moved w/ his father's ex gf. stopped speaking to both parents. an donly became re-acquainted w/ evan when the trial started

this is the same kid who managed to stay away from the paps lens for quite awhile. u got zonen and sneddon telling mellville that chandler was out of the country and he's in hiding...the very next weekend u see him in tahoe skiing w/ friends and smiling to the paps....who u think aclled them?

his friends were on the witness list ready to go. he's been defending mj for yrs.

the monies can't be paid back b/c mj's insurance didn't settle on abuse allegations, they settled on negligence. that could mean anything. it was never stipulated. the initial allegations in teh civil suit were thrown out by feldman and the negligence one was drafted and that was what caused the insurance company to step in and pay out.
 
y'all are funny. um, he NEVER cooperated w/ police. he never said a word. it was his father.

kid read from a paper. signed a statement written by his FATHER.

he wasn't given sodium amytal. evan isn't stupid. he did that so that jordan wouldn't be a witness. cuz IF he gave it to him, his memories were tainted. they couldn't prove he didn't give it to him so he was an invalid witness....something garcetti and sneddon never admitted to. they couldn't put him on the stand, aka had no case b/c of the possibility thathis memories were tampered with

shortly after the INSURANCE PAID OUT settlement, he moved w/ his father's ex gf. stopped speaking to both parents. an donly became re-acquainted w/ evan when the trial started

this is the same kid who managed to stay away from the paps lens for quite awhile. u got zonen and sneddon telling mellville that chandler was out of the country and he's in hiding...the very next weekend u see him in tahoe skiing w/ friends and smiling to the paps....who u think aclled them?

his friends were on the witness list ready to go. he's been defending mj for yrs.

the monies can't be paid back b/c mj's insurance didn't settle on abuse allegations, they settled on negligence. that could mean anything. it was never stipulated. the initial allegations in teh civil suit were thrown out by feldman and the negligence one was drafted and that was what caused the insurance company to step in and pay out.
Thank you Soso Deaf for all this information.
But the thing I don't understand is this. Since Jordan always defended Michael, why not come forward now and tell the truth to shut everybody particularly the media and haters up.
I think he owes that to MICHAEL, if not to Michael's children. They are the ones who are going to live with their daddy' ill reputation that him Chandler and his father contributed to create.
It makes me so sad!
 
...then why do we demand that he apologise for lying? Surely, if he was drugged and given false memories by his father, he would actually believe that he was molested? To him it would seem as if the molestation actually happened, even though it didn't. Why do we demand an apology from him, if his mind has been tampered with?

Wasn't he aware that Michael hadn't molested him? I think Mesereau said he had witnesses lined up willing to testify that Jordan had told them the truth.

I don't know much about the alleged drugs administered. Do they ever wear off? Geraldine Hughes seems to indicate the drugs never happened, as Jordan seemed to be "in on it" with his father. Who knows?
 
Someone I once knew who worked with him and 3T was in a room with Jordan once and he told them that Michael did nothing(Which we all know) and his father set it up. I was told that back in 97 when I was 17.
 
Wasn't he aware that Michael hadn't molested him? I think Mesereau said he had witnesses lined up willing to testify that Jordan had told them the truth.

I don't know much about the alleged drugs administered. Do they ever wear off? Geraldine Hughes seems to indicate the drugs never happened, as Jordan seemed to be "in on it" with his father. Who knows?

I wonder who the witnesses are that Mesereau had lined up to testify that Jordan had told them the truth... if only they'd come and sell their stories now.
 
shortly after the INSURANCE PAID OUT settlement, he moved w/ his father's ex gf. stopped speaking to both parents. an donly became re-acquainted w/ evan when the trial started

What made them suddenly reconcile, I wonder. And what made Evan attack his son months after the trial ended?


I keep hoping this media interest in Michael will, at the least, compel some zealous reporter or filmmaker to dig up the truth, find Jordan and settle this issue once for all. Do a big investigative story on it and let everyone see the truth.


I won't get my hopes up, though.
 
Well Jordy stopped co-operating with authorities, so at some point he must have realized what was going on..
He was 13 y.o., he could not do almost anything. he was manipulated, and now... he could say something, but he doesnt want to!
It was Gloria Alred who left the case as a Jodrys defence lawer..., she realized that it was a scam!

Chandler will never apologise. If he does he has to give back all those millions and authorities will be on his back for falsely accusing Jackson.

Imo, he would not be accused of anything..., he was a kid at the time..., it would be his father and lawyer who would be accused..., and that is the problem, Evan and Feldman will never allow that!

I think you're right... I was trying to see an alternate future for MJ and if that Jordie meeting never happened maybe, who knows, MJ would still be alive today... To be more accurate, I think if MJ's car hadn't broken down that fateful day then the meeting with Jordie's stepfather wouldn't gave happened and so on...

Well, maybe there would be another boy..., there were too many boys with MJ..., too private relationships... with boys... that was the problem...

Jordan Chandler didn't stop cooperating with the police due to the kindness of his heart. It was because of the settlement. Plain and simple.

In fact, he didnt provide any piece of evidence...., and Evan did know that... that the case would end in his favour...
 
Well, maybe there would be another boy..., there were too many boys with MJ..., too private relationships... with boys... that was the problem...
yeah, I thought about that, too... If it was MJ's destiny to be accused of something like that, then life would find the way for him to experience that - even if it meant a different boy making the same accusations...
 
Even in some kind of accident the party at fault should apologize because he/she caused a situation for someone else. If this boy was manipulated or not he. Incriminating words spilled out of his mouth, he is still involved in this clusterf**K that dogged MJ from then on till the rest of his life and now even in death. Accusations as such even affect friends, family, and fans alike.

What ever his involvement, I think he should confess his actions and confess on behalf of the others involved. And if he has to some extent, he needs to try harder, everyone else is having their 15 minutes. If he told the truth it would still be considered salacious and controversial by the media and they would be interested. YouTube is another way.

" When a man lies he murders some part of the world..." - Metallica, ...And Justice For All
 
he's been defending mj for yrs.

To whom? Unless he talks to the general public through the media, a few statements here are there are useless and probably just his was of trying to salve a guilty conscience.
 
the sudden 'reconciliation' ws that evan lied and said he was dying and wanted to mend fences w/ his son. it was just a way to keep an eye on him during the trial b/cjc wanted to testify. that was part of the reason oxman was let go. he kepttryin to get jc on the witness list.

sodium amytal never wears off. it used to be thought of as a truth serum. that's sodium penthonal. so by using sa u can actuallymess w/ someone's memory and have them believe they weremolested. jc never got the drug.

and jordan is bound by teh agreement mj was bound by. no money couldbe returned to the insurance company so that wasn't teh worry. it was that feldman and katz could've sued for punative damages as well as breaking teh confd. agreement and so could evan.

they'd do it to. so let's see how it all plays out.

none of mj's heirs can talk about it and no one related can,either. it has to be from someone...like mez. mj is no longer alive so confidentiaity is no longer a factor
 
From MJJsource.eu

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

The 1993 Allegations - Read about the controversial drug that was given to Jackson’s first accuser

- In 1992, Michael Jackson met and befriended the Chandler family, becoming particularly close to 12-year-old Jordan, his half-sister Lily and their mother June Schwartz. Jackson often traveled with the family and they were frequent guests at his Neverland Ranch in Santa Barbara.

- According to June Schwartz’s former divorce attorney Michael Freeman, the boy’s father and June’s ex-husband Evan Chandler “began to get jealous of their involvement [with Jackson] and felt left out.”

- In June 1993, Evan Chandler hired attorney Barry Rothman to represent him in his custody case against June Schwartz. Rothman was not a family lawyer but he had recently handled a custody case that involved child molestation allegations.

- At Jordan’s 8th grade graduation that month, Evan Chandler confronted his ex-wife with his alleged suspicions of sexual misconduct on Jackson’s part. Freeman says that June Schwartz “thought the whole thing was baloney” and announced that she and her children still planned to accompany Jackson on his Dangerous world tour. According to Freeman, Chandler then threatened to go to the press with his suspicions.

- Chandler’s behavior prompted Jackson to hire lawyer Bert Fields and Private Investigator Anthony Pellicano. Taking Pellicano’s advice, Jordan Chandler’s stepfather Dave Schwartz recorded a telephone conversation that took place between him and Evan Chandler. On the tape, Chandler said:

“I had good communication with Michael. We were friends. I like him and I respect him and everything else for what he is. There was no reason why he had to stop calling me. I sat in the room one day and talked to Michael and told him exactly what I want out of this whole relationship. I’ve been rehearsed about what to say and not to say.”

“[Jackson] broke up the family. [Jordan] has been seduced by this guy’s power and money.”

“I am prepared to move against Michael Jackson. It’s already set. There are other people involved that are waiting for my phone call that are in certain positions. I’ve paid them to do it. Everything’s going according to a certain plan that isn’t just mine. Once I make that phone call, this guy is going to destroy everybody in sight in any devious, nasty, cruel way that he can do it. And I’ve given him full authority to do that.”

“And if I go through with this, I win big-time. There’s no way I lose. I’ve checked that inside out. I will get everything I want, and they will be destroyed forever. June will lose [custody of the son] and Michael’s career will be over.”

“[Jordan's welfare is] irrelevant to me. It’s going to be bigger than all of us put together. The whole thing is going to crash down on everybody and destroy everybody in sight. It will be a massacre if I don’t get what I want.”

“This attorney I found, I picked the nastiest son of a bitch I could find. All he wants to do is get this out in the public as fast as he can, as big as he can, and humiliate as many people as he can. He’s nasty, he’s mean, he’s very smart, and he’s hungry for the publicity.”

- Upon hearing the taped phone conversation between Evan Chandler and Dave Schwartz, Pellicano immediately interviewed the boy in question. According to Pellicano, Jordan Chandler denied any wrongdoing on Jackson’s part.

- In mid-July, Evan Chandler convinced his ex-wife to allow him a one-week visitation period with their son. From that point on, the boy was isolated from his friends and family members.

- According to Rothman’s former legal secretary Geraldine Hughes, Chandler was receiving advice from Rothman on how to report child abuse without liability to the parent.

- Taking Rothman’s advice, Chandler contacted psychiatrist Mathis Abrams and presented him with a hypothetical situation (i.e- my son spent time alone with an adult male- is it possible that sexual abuse might have occurred and if so, what are the various ways that it can be reported to authorities?). In a written response to Chandler’s phone call, Abrams wrote that if a child were to come out with sexual abuse allegations during a therapy session, the therapist would be required by law to report it to the police.

- Chandler took this letter and, according to Pellicano, attempted to blackmail Jackson with it. In a meeting that took place in early August 1993, Chandler allegedly made a demand for a $20 million screenwriting deal in return for his not going forward with the child abuse allegations.

- Several days after the meeting, Pellicano tape recorded a conversation that took place between him, Barry Rothman and Evan Chandler. On the tape, Rothman and Chandler can be heard negotiating the amount of money it would take to keep Chandler from going forward with the child molestation allegations. Chandler restated his demand for $20 million and, according to Geraldine Hughes, was later told by Pellicano that Jackson would not pay him any money. Keep in mind that if Jackson had paid Chandler at that point, the entire criminal investigation would have been avoided.

- According to an investigative reporter from KCBS-TV, Evan Chandler then gave his son a controversial psychiatric drug known as sodium amytal. It has been widely documented that you can easily plant false memories into a person’s mind when they are under the influence of this drug.

- Evan Chandler claimed that he only used sodium amytal to pull Jordan’s tooth and that while under the drug’s influence, the boy came out with the allegations. According to Mark Torbiner, the anaesthesiologist who administered the drug: “If I used it, it was for dental purposes.” Numerous medical experts have agreed, however, that the use of sodium amytal to pull a tooth would be a highly questionable practice at best.

- During an interview with a psychiatrist, Jordan Chandler recalled the first time that he told his father about the alleged sexual abuse. His story corroborates the allegation that his father used sodium amytal to extract a confession from him: “[My father] had to pull my tooth out one time, like, while I was there. And I don’t like pain, so I said could you put me to sleep? And he said sure. So his friend put me to sleep; he’s an anesthesiologist. And um, when I woke up my tooth was out, and I was alright - a little out of it but conscious. And my Dad said - and his friend was gone, it was just him and me - and my dad said, ‘I just want you to let me know, did anything happen between you and Michael?’ And I said ‘Yes,’ and he gave me a big hug and that was it.” [Note: The transcript of Jordan Chandler's interview with the psychiatrist was made public by the boy's uncle Ray Chandler]

- On August 16th, 1993, June Schwartz’s attorney filed an ex-parte motion on her behalf to assist her in getting her son back. While in court the next day, Chandler never made any mention of child abuse allegations. If Chandler had told the judge about the supposed suspicions he’d had for the past three weeks, the judge would have immediately ordered for the boy to be taken away from his mother. But Chandler said nothing, presumably because his plan was to report the abuse using a third party (the psychiatrist). By filing the ex-parte motion, June Schwartz had thrown her ex-husband a curveball. The court ordered Evan Chandler to return Jordan to his mother immediately.

- On August 17th, 1993, the same day that Jordan Chandler was supposed to be returned to his mother, Evan Chandler took him to see Dr. Abrams. While there, the boy came out with the sexual abuse accusations against Michael Jackson and so began the police investigation into alleged misconduct on Jackson’s part.


Here is everyone’s favorite notorious family extortionists son Jordan Chandler (left) who is actually next to Brett Barnes. The image is damning. Didn’t know they knew each other, and hanged out at that too. I think its logical that they would friends. I wonder now, how did had Brett felt during the 1993 hoopla? I know he, Wade [Robson], Macaulay [Culkin] and them were testifying (not in court obviously) among other children that nothing happened, I remember watching that particular video and I’ll never forget it. Some 10 years later, we have the same exact thing going on, with all three maintaining their defense, all grown men now. Its an amazing sight to see. Its unexplainable, I can’t put it into words. Deja Vu maybe? All the same people involved coming back out of their personal lives to defend the man again. I remember watching [aforementioned] the video on Jetzi, can’t remember what catergori it was at all. I’ll be sure to add the link once I do.

Michael with Jordie, his sister Lily and mother June
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We can (do) feel sorry for Jordie and to a much much much lesser extent, Gavin [Arvizo] …then I remember, and to this day, neither one of them stood up and speak the truth and said THIS IS WRONG. Chandler was born 1980, allegations 1993 making him 13, 2003 making him 23, and 2008 making him 28 years old. Great, even worse. Still, there is potential sympathy I have for him somewhere in my system. Even though I could argue I did not like what “he” did, I really think he was brainwashed by his father — the recent filing of abuse from his father further proves my theory, and even before that, being drugged to believe he was molested, providing pictures of his son to a stranger who wrote a fictional telling of his “Diaries” (eventually banned) speaking about Jackson as his lover! What sort of act from God will it take for them to just fess up already? They’ve got nothing to lose. But if they choose to live with a guilty conscience knowing in their mind they put an innocent man through turmoil and permanent public scrutiny that will remain for the rest of his life and as how he will be remembered, more power to them. That is something he will have to live with.

To play devil’s advocate, if he did speak up, he himself would get into a lot of trouble. For one, all that money he received and spent on for the past decade? Imagine how long would it take to undo all that, for example. I guess he may feel, why bother? Its too messy. Who knows? The general public already made up their minds anyway. And you know how they’d respond if he actually ever went on national television and explained everything. To hear him say that MJ never molested him may have done wonders for MJ, to tell all those detractors that “THE BOY” in 1993 said MJ never touched him. A lot of the mongers harp on that still…

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Jordie at the World Music Awards with sister Lily (curly head with the glasses) and his mother June (in white blazar). I wonder where the hell was she was at during all of this? Curious to how she looks like now. How shes doing? Did papa try to murder her too? Well, at least the money hungry gene didn’t pass on to their children right? Apparently she hasn’t seen her son in 11 years, and neither has his uncle apparently. Something like that. Evan [Chandler] clearly has some issues. Him being Jewish, I’d make a Jew joke, but I’m bigger than that. Never saw a clear picture of June until now. I knew she was Black and Asian [Chinese, or Philippine, or however you spell it, whatever]. Just one of the many facts people don’t even know about (ironically, the cocky ones who think they know it all).
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It seems like he is living a happy life, bless him. Well I mean, sans his father trying to kill him. I wish all the best for him than? Not that anybody cares.
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The transcript of Jordan Chandler's father over the taped phone call admitting that he was trying to extort MJ!
“I had good communication with Michael. We were friends. I like him and I respect him and everything else for what he is. There was no reason why he had to stop calling me. I sat in the room one day and talked to Michael and told him exactly what I want out of this whole relationship. I’ve been rehearsed about what to say and not to say.”
“[Jackson] broke up the family. [Jordan] has been seduced by this guy’s power and money.”
“I am prepared to move against Michael Jackson. It’s already set. There are other people involved that are waiting for my phone call that are in certain positions. I’ve paid them to do it. Everything’s going according to a certain plan that isn’t just mine. Once I make that phone call, this guy is going to destroy everybody in sight in any devious, nasty, cruel way that he can do it. And I’ve given him full authority to do that.”
“And if I go through with this, I win big-time. There’s no way I lose. I’ve checked that inside out. I will get everything I want, and they will be destroyed forever. June will lose [custody of the son] and Michael’s career will be over.”
“[Jordan's welfare is] irrelevant to me. It’s going to be bigger than all of us put together. The whole thing is going to crash down on everybody and destroy everybody in sight. It will be a massacre if I don’t get what I want.”
“This attorney I found, I picked the nastiest son of a bitch I could find. All he wants to do is get this out in the public as fast as he can, as big as he can, and humiliate as many people as he can. He’s nasty, he’s mean, he’s very smart, and he’s hungry for the publicity.”


What are the chances that Jordan Chandler will speak out and tells the public that Michael Jackson never molested him, and is not a pedophile? I would love for that to happen — I think we all would. But the chances are so slim to none I can predict that Jermaine Jackson will change his hairstyle first. I can’t imagine how he could some 15 years with the strong guilt of what these allegations have done to defame a man he admires, and just not say anything; move to other countries, etc. Avoiding it doesn’t heal anyone’s pain; yours and Jackson’s. I know he doesn’t want the media attention, thats understandable — but wouldn’t doing an interview [with respected television interview shows like Larry King Live or Oprah Winfrey] put that all to rest? He will be 28 years old soon. The only thing he has to lose? Money. All the money he spend those decade and a half on ski trips, shopping sprees and whatever else. Perjury is a crime. A crime he may not be willing to admit at this point in time.

Anton Jackson:
Want to be living it up in NYC with your friends with bling bling on your arm? It’s easy my friends. Just take the example of Diane Dimond’s favorite ‘child molestation’ extortionist victim, pictured here. I give you Jordan Chandler everyone. All you have to do is accuse Michael Jackson of child molestation and BAM! you TOO can win the lottery! You too can live in an expensive apartment in New York, all expenses paid by none other than the KING OF POP himself! You too can get your lazy ass chauffeured around in Bentleys a la Gavin Arvizo while being ‘held hostage’ at Neverland! You too can get your crotch waxed for free like his momma! Thank you Michael Jackson! Yes, my friends, “thank you Michael Jackson’ is what our beloved Jordan is thinking as he stands there on the corner laughing at how he ruined a man’s life by agreeing to a lie. “Thank you Michael Jackson” is what he thinks every day of his pathetic life as he lives off the money he extorted with a man’s blood and tears.

All the while, Jordan pops in one of Michael’s CDs and tells himself that it wasn’t HIM that almost killed the man, it was his mother and father, that he was just a victim of his parents. He tells himself that divorcing them makes him all innocent in the crime committed against an INNOCENT man. Jordan, however, doesn’t realize that he’s living in his own Neverland. What he should be thinking is ‘damn, I had the chance to right my wrong. I had the chance to tell the TRUTH and free my conscience and Michael from my lies at his trial, but, alas, like the coward that I am, I chose to crawl back to my little hole and pretend like I don’t exist. I had a chance, and I blew it.” Thank You, Jordan Chandler. I hope you are proud of yourself.
 
PLUS:
Code:
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-0422-05T10422-05T1 

JORDAN CHANDLER, Plaintiff-Appellant, v. EVAN CHANDLER, Defendant-Respondent.







Submitted May 23, 2006 - Decided June 8, 2006

Before Judges Coburn and Lisa.

On appeal from the Superior Court of New Jersey,

Chancery Division, Family Part, Hudson County,

FV-09-524-06B

Ceconi & Cheifetz, attorneys for appellant

(Brian M. Schwartz, on the brief).

Koles, Burke & Bustillo, attorneys for respondent

(Raoul Bustillo, on the brief).

PER CURIAM

On August 5, 2005, plaintiff obtained a temporary restraining order against defendant under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35. The restraints were continued by an order dated August 19, 2005. After plaintiff rested his case, defendant moved for dismissal pursuant to Rule 4:37-2(b). The judge granted the motion, and plaintiff appealed. The final order provided for continuance of the temporary restraints pending the outcome of the appeal. We reverse and remand for further proceedings consistent with this opinion.

The judge found that plaintiff had proved that he and his father, the defendant, were members of the same household when defendant struck him on the head from behind with a twelve and one-half pound weight and then sprayed his eyes with mace or pepper spray and tried to choke him. The judge also found that the weight could cause serious bodily injury or death. Thus, the judge was satisfied that plaintiff had provided evidence, which if believed, would support a finding of aggravated assault. Despite that finding, the judge refused to issue a final restraining order, reasoning as follows:


I'm persuaded, at this point, that the allegation . . ., while serious in and of itself, is not a pattern of abusive and controlling behavior.

For that reason, I would dismiss the complaint. The restraining order [will] be vacated.



After further argument, the judge acknowledged that plaintiff did not have to prove a pattern of abusive behavior but said that he would not grant the final restraining order because "this incident [did] not persuade [him] that [plaintiff] [was] entitled to a restraining order as an act of domestic violence."

When considering a motion to dismiss under Rule 4:37-2(b), a trial court performs a function that the Supreme Court has described as "quite . . . mechanical." Dolson v. Anastasia, 55 N.J. 2, 5 (1969). In carrying out that mechanical function, the "trial court is not concerned with the worth, nature or extent (beyond a scintilla) of the evidence, but only with its existence, viewed most favorably to the party opposing the motion." Id. at 5-6. Because the judge ultimately did not specify what plaintiff failed to prove, reviewing his decision is difficult. Perhaps he thought, as defendant suggests, that plaintiff failed to prove that there was an "immediate danger to . . . [plaintiff's] person." Corrente v. Corrente, 281 N.J. Super. 243, 248 (App. Div. 1995). We will assume for the purposes of this opinion that plaintiff was obliged to prove immediate danger. Given the nature of the attack, it would appear that a trier of fact could infer immediate danger from the evidence submitted. We will not comment now on whether the judge should ultimately so decide, but we are satisfied that given the stage of the proceedings when he ruled, namely at the end of plaintiff's case, the motion to dismiss should have been denied.

Reversed and remanded for trial.

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June 8, 2006
a0422-05.opn0.png
http://lawlibrary.rutgers.edu/decisions/appellate/a0422-05.opn.html
 
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