These few sentences say it all. The real reason this Father is denied any contact with his 10 year-old daughter has more to do with his insistence on the system allowing him his due process rights than any concern regarding his daughter:

Father "must find ways to reduce his intensely obsessive focus on what he perceives as the grave violation of his constitutional rights...His continued refusal to give up these obsessions will keep him from learning how to relate more productively with his daughter...It is a sad but real possibility that [Father], in a moment of pique or obsessive anger against a real or imagined injustice, will undermine the program and the relationship with his daughter will be permanently severed." Second Updated Psychological Report, June 5, 2006 by Samuel Roll, Ph.D., P.A., Diplomate in Clinical Psychology, Diplomate in Forensic Psychology, Court Appointed 11-706, Custody Expert

• Early on in this multi-year saga, Children, Youth, and Families Department (CYFD) employee Carrie Wineland was tasked with investigating an allegation leveled at the father, Pawel, by mother and one of her friends, a therapist. Carrie Wineland apparently did not bother to check with Pawel's provided references, thereby not carrying out her duty to take in information from both sides of the allegation, as proven by this affidavit from one of Pawel's references. Later, father checked out Carrie Wineland's credentials and found out that she is not on the list of licensed social workers for the State of New Mexico. Perhaps her lack of qualifications explains the poor job she performed in investigating the allegation from mother.
• The therapist was never required to testify or offer a sworn statement of any type. The GAL provided hearsay testimony claiming that the therapist accused Pawel of harming his daughter because of an alleged bruise on her head. Father was prevented by Judge Angela Jewell from being able to depose the therapist. Father had video of he and his daughter playing during the same time frame as the alleged bruise, showing that there were no bruises on the child's head, but he was not allowed to admit this evidence in court. Even in criminal court, the accused has the right to confront his accuser, cross-examine the testimony, and provide evidence to refute the accusations. Not so in Judge Angela Jewell's courtroom. Parents are treated with fewer rights than criminals when it comes to due process and judicial fairness.
• The Guardian ad Litem (GAL), Zenon Myszchowski, filed a motion to have visitation between Pawel and his daughter suspended. He cited the very incident with Paul La Barre that can be seen from the video, except that the GAL's version puts all the blame on father and never includes the repeated demands for cash. In the end, Judge Angela Jewell blindly followed the GAL's recommendations and on March 20, 2006 ordered an immediate suspension of visits between father and daughter until further notice. Mother asked to relocate to Wisconsin, and this matter was put into the hands of court-appointed custody evaluator Dr. Samuel Roll. Note that the order also directs Pawel to "promptly pay what he owes to the GAL on a program that the GAL accepts". This is the only country in the world that forces parents to pay professionals to take their children away from them, under the threat of contempt of court and incarceration. It's tough to swallow the statement that this is the land of the free when viewing the U.S. from this perspective.
• Judge Angela Jewell issued an order on July 6, 2006 after a hearing in which Dr. Samuel Roll testified that mother should be allowed to move to Wisconsin. Pawel was not given an opportunity to cross-examine Dr. Roll; therefore the move was deemed "temporary" until a full evidentiary hearing could be conducted. The practice of "temporary" decisions with such a huge impact on parent-child relationships is a thinly-veiled attempt to completely circumvent due process. Children have been removed from their parents with such "temporary" orders, and the orders have been left in place for years, leaving parents no recourse in the Court of Appeals, since temporary orders are not appealable. In an order that smacks of bias against father, Judge Angela Jewell refuses to allow father to depose mother, although the initial allegations that started the whole charade began with her. Both the judge and Samuel Roll insisted that "therapeutic reintegration" between Pawel and his daughter take place, and mother was ordered to return to Albuquerque at her expense with the child to participate in the therapy. Unfortunately, no such therapy took place, and to this day it still has not taken place. Attempts to accomplish the setting up of appointments have been completely blocked by GAL Zenon Myszkowski. Father's relationship with his child has been completely severed.
• According to the 11-706 custody evaluator appointed by Judge Angela Jewell, Samuel Roll, two of the primary reasons that he thinks this Father is not effective with his 10 year-old daughter are:
  • Father is "overly" concerned with violations of his civil rights
  • Father objected when court-appointed visitation supervisor, Paul LaBarre, demanded cash, refused Father's check, and then pulled the 10 year-old child out of Father's car telling her that she could not see her father because "your father does not want to pay me". see video
  • NOTE: In the psychological report Samuel Roll refers to Mother as "Dr. Tlomak" and he refers to Father as "Mr. Tlomak", but Father is a Ph.D. in Physics and should have also been referred to as Dr. Tlomak in order to extend to both parents the same professional courtesy. This is just one of the minor ways in which Dr. Roll exhibits his bias.
• On August 25, 2006, Judge Angela Jewell issued a final order regarding the parties and their child. It is noted that GAL Zenon Myszchowski stated (paragraphs 36 and 37) that the child does not want to know her father and that she sent a birthday present from father unopened to the GAL. However, according to the findings in this order, this change of heart did not occur until after the Paul LeBarre incident, which probably scared her to death. Any child who was grabbed out of her father's car while being yelled at by a stranger (see the video) would not want to repeat such an awful experience. However, that trauma was not father's doing, but the court-appointed supervisor's. It appears that Zenon Myszchowski's uncorroborated claims are simply the cottage industry closing ranks and punishing father for capturing their bad behavior on video. Such a matter should be easy for a judge to rectify after seeing the video. Unfortunately, attorneys Virginia Dugan and David Standridge both refused to offer the video as evidence in the courtroom, but neither attorney informed Pawel that they planned not to offer the video as evidence prior to appearing before the judge.
• To add insult to injury and complete the total blackout of due process in this case, Pawel appealed the order and attempted to provide the New Mexico Court of Appeals with a copy of the video showing court-appointed supervisor Paul LeBarre demanding cash and mistreating the minor child. However, Judge Angela Jewell, in an unprecendented and illegal move outside of her jurisdiction as a District Court Judge, issued an order to remove evidence from a Court of Appeals filing. She somehow filed the order with the District Court but it had impact at the Court of Appeals. This step completely defied the court hierarchy and jurisdiction in our state. After the filing of Pawel's docketing statement, jurisdiction over the case and any filings to the NM Court of Appeals are strictly under the Court of Appeals. Ironically, even though you and I can view this video at any time on our website, the crooked courts of New Mexico continue to uphold the absolute farce that their version of the Paul LeBarre incident justifies separating a father and child.
• "I came to this country in 1981 from Poland. At the time it was under Martial Law and had a communist government. I came to America looking for personal peace and freedom. I have been disappointed to find that after arriving in this country the Second Judicial District took away my very right to parent my child. I am in more fear here than in Poland. In Poland as long I you didn't do anything wrong I was not in fear of being arrested. Here I was arrested because of my desire to be a father." Dr. Pawel Tlomak
• In fact, the position of the Center for Family Justice is that what is being done to parents in this system is worse than communism - it is judicial fascism.