fortheloveofsakkara

[fortheloveofsakkara]

Our Broken Judicial System

Kyle’s case: A Judicial Disgrace

Chapter One: And so it begins.......

As Americans, we are taught to respect and trust our judicial officers. We believe judges and commissioners are honest, trustworthy and fair to all. They take an oath to defend our Constitution, right? They’re supposed to follow our laws, as they are written, to rule without opinion, to be unbiased and search for truth. They are suppose to make their rulings based on facts and evidence. Prosecutors were the legal representatives of the people, the protectors that rid communities of criminals to keep everyone safe. We are taught to believe that prosecutors are honest. There are rules that they are to follow, procedures, law and they are to perform their duties with integrity while safeguarding the rights and liberties of all. It is shocking and unbelievable to learn that there are judges that cannot be trusted, to learned that prosecutors place their conviction rate above all else and despicable to discover that defense attorneys do little to nothing to defend their clients. How is this possible? This story comes straight from the court record and is documented for all to verify.

Our judicial system is no longer working. It needs not only to be overhauled, it needs to be drained of all the bad actors. Judges and Commissioners need to be monitored in everything they do in the courtroom and it must be transparent to the public.

This is the story of one man’s decent into hell. His story is shocking and it undermines the trust that should never be broken between the public and our judicial officers. How can a society function safely if our trust is compromised? Our judicial system exists for only one reason, to keep the public safe.

There are twists and turns, there are facts that will make you shake your head in disbelief.

Kyle met Douangchay Nelson in early January 2008. She was exotic and mysterious. She was among the “A” crowd in the clubs of downtown Seattle. She lived in a high rise building just a block away from the club where these two met. You could set your watch to when she’d arrive and how long she’d stayed. She knew everyone that frequented these clubs, and was fully aware of the goings on there. She had been going to these clubs since turning 21 years old and at the time she met Kyle, her age was 32. Kyle, on the other hand, wasn’t the clubbing type and had only been a few times. Douangchay was also fully aware when a new face showed up in the crowd, after all, she’d been a fixture there for over ten years. That fateful night Douangchay was being pursued by another man, and while dancing, she grabbed Kyle’s arm and lied to the other man. She told the other man that Kyle was her boyfriend. As the evening went on, Kyle and Douangchay danced and talked. At the end of the night, Kyle asked to walk her home. She agreed and they spent that night and the whole of the following day together. They exchanged phone numbers and Kyle went home. A little over 30 days later, Douangchay had moved Kyle into her high rise apartment. This is how their relationship began. Getting himself entangled with the woman would be Kyle’s undoing.

After a few months, Kyle discovered that Douangchay had a young son, who was obviously not in her life. When Kyle asked about her boy, she would become irritated and change the subject. Kyle didn’t understand, and she blamed her son’s father. She told Kyle that he was abusive. Kyle had no reason to believe she would lie about this. He took her at her word.

It wasn’t long after and Kyle discovered Douangchay was, also still married. What is known is that she married in 2001 and according to her, her husband, like the father of her son, was abusive, also. (Are you starting to see a pattern?) Kyle felt bad for this poor woman that had been through so much. He could not have been more wrong about her.

Throughout the first two years, the relationship was pretty much like their first night. They, together now, frequented the clubs downtown. Douangchay, despite having a boyfriend, refused to change her need to spend Thursday through Sunday in the clubs. When Kyle suggested they do something other than clubbing, she would becoming angry and a ‘How dare you suggest I do something other than go to the clubs’, attitude would emerge. It became the root of almost every argument they had throughout the entire eight (8) years of their relationship. Kyle, many times, went along just to save an argument. She was adamant that going to the club was never to be trifled with, no exceptions allowed.

January 30, 2010, a Saturday, was slightly different because on this night the couple was invited to a party at a sports bar about 15 miles from where they lived. Kyle knew none of Douangchay friends that would be attending this party, so he agreed to be the driver and let her do as much partying as she desired. She started drinking before they left their apartment. Kyle stayed sober. As the night went on, Kyle couldn’t help but notice that Douangchay was drinking in excess. He’d never seen her drink like this before. She was challenging others to “drink them under the table” and within an hours time, she consumed no less than six shots of hard alcohol. She was becoming more and more inebriated and obnoxious, both in word and action. She was stumbling and slurring her words. Kyle started to watch closer at this point. He asked her to slow down with her drinking and this enraged her. She started calling Kyle names, telling the others that Kyle was her “gay boyfriend”. Embarrassed by her behavior, Kyle knew he needed to get her home to bed so she could sleep this off. Outside the bar, Kyle finally convinced her to let him take her home. The couple went back inside and told the party their good byes. Kyle helped Douangchay into his Jeep and they started for home.

On that ride, Douangchay started her ranting and raving once again. She called him “gay” and “a piece of shit”. Kyle told her she was drunk and to be quiet and her response to that was, “The only reason your ex girlfriend stayed with you is because she was fat, ugly and insecure”. Kyle ignored her verbal attack and she turned into something Kyle had never seen, nor dealt with, in his life. She began a physical attack scratching and hitting him; screaming, calling him a “piece of shit”. She was completely out of control, and Kyle had to stop her before she caused an accident. Yes, Kyle was driving at the time of this attack. Kyle grabbed for her and got ahold of her hair. He placed her head near the dashboard until he could safely come to a stop. This would later be used against him by the prosecution. Douangchay then opened the door of the vehicle and stumbled out. Kyle, in shock, drove his vehicle around the corner and parked it in the parking lot of their apartment complex. This attack happened just a half block from where they lived. Still reeling from what just happened, Kyle left, on foot. He needed to clear his head. Never in his life had he witnessed such behavior. He was hurt and mixed with emotions. He walked around for over two hours and had no idea that a person saw Douangchay stumbling around and called 911, thinking she could be hurt. EMS and police were dispatched to her. According to the police report, Douangchay refused to cooperate, and only admitted to calling Kyle gay. She left out the part where she physically attacked him. The police took her home. There is no way possible that the police could not have known that she was extremely intoxicated.

After clearing his head, Kyle decided to go home, he started to truly believe that the lady he had come to love would be apologetic. He believed she’d be remorseful for her behavior and they would be able to talk about what happened. He would be wrong, once again. He underestimated Douangchay’s rage. When Kyle opened the door to their apartment, all was quiet. Their bedroom door, just to the right of the front door, was closed. They lived there alone, so this was odd, that bedroom door was never closed. Kyle walked through the living room, past the kitchen and into the dining room. He sat with his back toward the bedroom door and proceeded in taking off his shoes. His plan was to sleep on the sofa and talk to Douangchay when she slept off her drunk. This was not to be. Seconds later, the bedroom door flew open and Douangchay sprinted toward Kyle, slapping and scratching at his head, back and shoulders. Kyle was in total disbelief. He stood up with arms flailing about trying to defend off this second attack. He made contact, with her face, arms and upper body, numerous times. All the while Douangchay yelling, “Are you happy now you hit a girl?” She was, in no way, going to take responsibility for her own actions. Kyle was dumbfounded by her behavior and her blaming him for all of this. It was like she was possessed. Douangchay, by her own admission, in the police report, ran out of the door and started pounding on the neighbor’s door. When she received no reply, she re-entered their apartment. (It must be noted: The police asked Douangchay this question: Did he stop you from leaving?” And her reply was: “yes”. This was a contradiction of her statement made just seconds before. Clearly, if she was able to leave and beat on a neighbor’s door, she was able to leave all together) Upon re-entering the apartment, she ran to the bedroom, threw open the window and started screaming, “Help! A man is hitting me!” It’s very telling that she chose those words. Her using “a man” instead of “my boyfriend” is a classic projecting behavior.

Kyle was arrested, placed in jail and like Douangchay’s husband in 2002, Kyle agreed to a Stipulated Order of Continuance.

Kyle was not an abuser. Douangchay Nelson née Suannoy was, in fact, the abuser. Kyle was not her first victim nor her second, Kyle Collins was her third victim. All these men had only one common denominator, a very intoxicated Douangchay.

Chapter Two: Who is Douangchay, really?...

According to court records, Douangchay Nelson, née Suannoy was quite busy in her younger years. It is believed that she came to the United States in 1991 or 1992. She was 15 years old. She met a young man, we’ll call him Adam, and soon after they were parents to a baby boy. They tried for a couple years to make this relationship work, but when their son was two years old, it ended. She blames everything on Adam. “He was abusive”, she says. It’s unclear as to the truth of exactly what happened. It is true that Douangchay walked away from her toddler son and, if there is truth told by her, she left the boy with an “abusive” father. Adam has been interviewed on several occasions in preparation of writing this story and his account of events differ greatly from hers. No surprise there.

It’s very important to add a bit of information here. Douangchay is not a U.S. citizen, she holds a “green card” here in this country. A “green card” can be revoked if certain conditions arise. Giving a fake name in the commission of committing a crime, to law enforcement, is a serious crime and doing this can jeopardize the ability to maintain the “green card” status. A person can be deported for this offense. There are also laws about moral turpitude that can come into play. Things like abandoning a child, not paying child support and DUI, are all crimes of turpitude. Douangchay is guilty of many deportable offenses, as will become apparent in the next few paragraphs. Everything was kept from Kyle. For eight years he slept next to this woman, became engaged to be married to this woman and had a beautiful daughter with this woman. She, her family, and her numerous friends, all hid these facts from Kyle.

On February 4, 1998, charges of attempted possession of stolen property 2 were filed in King County, Washington District Court West Division, a class C felony, against “Vanessa” Suannoy. Yes, she, throughout this whole case used her alias. When the judge referred her to the Office of Public Defense, (hereafter OPD) on February 17, 1998, “Vanessa” failed to report to them. If she wanted a free lawyer, a screening would need to be done. These screening include showing identification and proof of income. Had she have reported to the OPD, it would have come to light that her true name, was in fact, Douangchay Suannoy, at this time. A prosecutor would have been, according to law, forced to add another charge. Knowingly making a false or misleading material statement to a police officer in violation of RCW 9A.76.175. The State would have had to charge her with refusal to give a name or address, or giving a false name or address under the specific statute of RCW 46.61.020. The likelihood of the judge allowing her plea to be reduced, after giving a false name, is not very likely. When a person gives false information, judges take it as the defendant is hiding truth, as they should. So, “Vanessa” Suannoy pleaded guilty to the charge and received a deferred prosecution. She was placed on probation for 12 months and a small fine was imposed. March 11, 1999, a review of the case would be held. This review was held, as scheduled, “Vanessa” did not show up, the court reviewed the case and she did not pay her fine. April 1, 1999, court reviewed again, defendant present. The court gave her another chance to get this right, yet on the last review, held on May 27, 1999, “Vanessa” again, is a no show. A warrant for her arrest was issued through 2002 and again through 2004. She was found guilty of both charges. By this time “Vanessa” Suannoy no longer existed. In November of 2001, “Vanessa” Suannoy married Scott David Nelson and she became Douangchay Nelson.

Douangchay Suannoy was arrested on February 22, 2000 and charged with DUI. This time she used her true name. She had an actual warrant still in King County, but because they were under different names, the authorities didn’t put two and two together. Douangchay skated right past the felony warrant.

Scott David Nelson was 24 years old when he married Douangchay Suannoy. On the marriage license she split her first name in two parts. So, literally, Scott married Douang Chay. Because of her behavior towards Kyle, we have to wonder if Scott knew about her criminal history. She was on probation at the time they married. The couple lived in bliss for a full year and just after their first anniversary, the honeymoon was definitely over. November 28, 2002, Scott and Douangchay clashed. According to police records, the couple were having marital problems. Douangchay was staying with her friend, drinking and partying. Douangchay called Scott at 5:00 a.m. asking him to come pick her up. Scott, still in bed, got up and drove to where his wife was staying. It was a little over two miles from their own home. The record reflects that she had, in fact, been drinking. The similarities between the incidents of Scott and Kyle are uncanny. Scott and Kyle were both driving a very intoxicated Douangchay home. In both cases alcohol played a huge roll. Both men were sober. In Scott’s case, the incident happened a 25 minute walk from the couple’s apartment. The police report states that Douangchay walked back to the apartment, while calling her friend, and asking her friend to call police. Douangchay was already at the apartment when her friend showed up. QUESTION: Why would a grown woman return to a place where a man she “fears” is known to be? It took her 25 minutes to get to Scott, if she truly feared, wouldn’t it be more likely to return to her friends house instead of going to where her “abuser” is? See, this just locks in the notion that Douangchay isn’t fearful at all, on the contrary, Douangchay likes to keep arguments going. She was angry, because like Kyle, Scott didn’t like the drinking and partying that Douangchay insisted on doing. Scott states that his wife punched him in the face, but she is not arrested. Scott goes to jail, is place on a Stipulated Order of Continuance, probation and treatment, all at his expense. I wonder if Scott, like Kyle, continued to live with Douangchay through his court case. Did she go, with her advocate, sit on the side of the prosecutor and then return home with Scott, acting as if nothing happened? And an even more important question: had Kyle been made aware of Scott’s fate with Douangchay, would Kyle have continued his relationship with this woman? The answer is clear, no man would continue a relationship with a woman if he knew that she brought domestic violence charges against two other men before they met. Douangchay knew this and chose, instead, to hide her past from Kyle.

Chapter Three: the saga continues…

Kyle and Douangchay continued on with their relationship. Kyle, blind to who he was with and Douangchay hiding her past from him. The relationship was tumultuous. We have to remember, Kyle agreed to a Stipulated Order of Continuance in 2010. Kyle and Scott both didn’t want Douangchay to get into trouble. They took blame to save her. Douangchay went before the court three separate times asking that the no contact order be lifted and saying “Kyle is not a danger to me”. She refused to cooperate with the prosecution and continued living with Kyle throughout. Together, they lied to the court and gave a friends address where court records could be sent. The conditions of Kyle’s SOC, like Scott’s, were: Treatment, probation, pay recoupment to public defender, pay costs, no new criminal violation during the period of the Continuance. Kyle complied with each and every condition. By April 29, 2012, the date of expiration of the SOC, Kyle had complied with each and every condition. But, the prosecution wanted more. The Redmond City Prosecutor filed a Motion for Revocation of the SOC on June 26, 2012. He “sewer served”. Sewer service is defined as: “Sewer service is an epithet for the intentional failure to provide service of process on a named party in a lawsuit, in order to prevent the party from having a chance to respond. The phrase refers to the figure of speech of throwing the documents into a sewer”. The prosecution had Kyle’s address. Kyle filed a “New address” with the court on July 18, 2011, through his probation officer, James OShersky, a full 11 months prior to the prosecution’s Motion for Revocation. This document was marked “confidential”. It’s astonishing to find these two facts in the court record. Stopping to these levels is hard to believe, but it’s true. This was not discovered until recently. Coupled with the sewer service, this stinks of abuse on the part of the prosecution.

Stipulated Order of Continuance, otherwise known as SOC, is an agreement between the prosecutor and the defendant in a case. These are granted and overseen by the court, but the court is not a party to them. The court only becomes a party if a Motion for Revocation is filed by the prosecution for violation of the agreement. SOCs are used to give a first time offender a chance to have the charges dismissed if the defendant jumps through the prosecutor’s hoops. In Kyle’s case, the SOC looks a bit different. Why? Because it contains the words “approximately 24 months”. A competent defense attorney would not have allow this phrase if his/her client was offered an SOC. This phrase negates the fairness that’s required in any agreement and deems this document “void for vagueness” as law requires. “Approximately” is not allowed according to the rule book. Kyle’s case follows the rules outlined in LCrRLJ 8.3(c)(1-17) . This rule is in place to protect the parties interests, both parties. In this rule, it is very clear about the contents of minimum requirements in an SOC. The language, “A clear statement…” is what starts every content of (c)1-17. Number 6 is relevant to Kyle’s case and states; “A clear statement of the period of the Continuance, which shall be no more than 2 years”. The “approximately”, leaves the agreement open-ended. In a criminal case of any kind, everything that transpires, has to be clearly spelled out. There’s no room for interpretation.

Kyle jumped through every hoop in this case, despite his innocence. He signed the SOC on April 29, 2010; this means it expired on April 29, 2012, right? Think again. The prosecution filed the revocation on June 26, 2012. How is this possible? The SOC was expired. Let us go back to the first two paragraphs of this story. Prosecutors cannot be trusted. Prosecutors want convictions and they’ll do anything to get them. They will “sewer service”, undermine procedure, push rules aside and, they will also make sure that documents that blow apart their cases, are marked in the record, as “confidential”. Due process of law is not high on their priority list. This places the public in jeopardy. If prosecutors cannot be trusted, then who can we trust in our judicial system? The judges job is to verify all procedures have been followed. Not one judge, in Kyle’s case, verified anything.

Oh wait, it gets worse.

This case took place in Redmond, Washington, a city just northeast and across Lake Washington, from Seattle. The prosecutor was Richard Lawrence Mitchell, wsba # 21606. In his Motion for Revocation, he accuses Kyle of not paying costs and not completing treatment. Both of these accusations were false. Mitchell was running for election to become a judge in 2010 and this is a powerful motive to bolster his conviction rate. This motion should have died right there, but it did not. Judge Michael Finkle set a hearing for July 25, 2012. He placed Holly Joy Johnson a Pro Tem Judge to preside over the hearing (NOTE: This was copied and pasted from the WSBA Page: Holly Joy Johnson, WSBA No.32784, admitted 2002, of Seattle, “..resigned in lieu of discipline, effective 9/19/2017. The lawyer agrees that she is aware of the alleged misconduct in disciplinary counsel’s Statement of Alleged Misconduct and rather than defend against the allegations, she wishes to permanently resign from membership in the Association. The Statement of Alleged Misconduct reflects the following violations of the Rules of Professional Conduct: 1.15A (Safeguarding Property), 3.4 (Fairness to Opposing Party and Counsel), 8.1 (Bar Admission and Disciplinary Matters), 8.4 (Misconduct). Sachia Stonefeld Powell and Kathy Jo Blake acted as disciplinary counsel. Holly Joy Johnson represented herself. Karen A. Clark was the hearing officer. Andrekita Silva was the settlement hearing officer. The online version of NWLawyer contains a link to the following document: Resignation Form of Holly Joy Johnson (ELC 9.3(b)).as made to resign for unethical behavior by the Washington State Bar Association). Kyle was a no-show and a warrant for his arrest issued. Well, surprise, surprise. He never received notice of this hearing. Mitchell sent the notice to a wrong address. So, a warrant was issued by judge pro tem Norm Leopold. Leopold, like Johnson, assumed Prosecutor Mitchell had done his job. These part-time judges never looked at this case, they blindly believed Mitchell. These judges rely on the prosecutors to do their jobs. They believe every word prosecutors say and they almost never question them. In this case, the judge did no fact finding. He never questioned Mitchell. He should have.

Mitchell never received a non-compliance letter from the probation department. No non-compliance from the treatment agency. Kyle paid over a thousand dollars, by this time, to the court. The SOC says to Pay $350.00 costs by 180 days, but the problem with this SOC, yet again, is that it doesn’t clearly state to whom this cost should be paid. Like the “approximately” language, this does not follow the minimum requirements of content in an SOC agreement. It’s confusing, and Mitchell likes when defendant’s and their inexperienced defense attorneys are confused. In researching this case, many SOC documents were discovered that were exactly the same form used in Kyle’s case. Mitchell was in the habit of used that document for many defendants. The rules about content of SOCs were revised in 2008, but Mitchell chose to continue using it and no judge objected to this.

Kyle’s warrant sat for 77 days, until he was pulled over for a minor traffic infraction. To Kyle’s utter shock, the police officer came back with his license and the news of this warrant. The officer had no other choice but to arrest. Kyle was taken into custody in Shoreline and the transfer to Redmond. Kyle and Douangchay were still living together at this time, and they were pregnant. Their daughter was due in January 2013. Kyle was arrested on October 10, 2012. Kyle was arraigned on October 11 without an attorney present. The court docket states, “Defendant present in-custody Pro se”, then it states “Counsel Trishana Ellis present on behalf of defendant”, but Trishana Ellis isn’t a lawyer. The Washington State Bar Association has no record of a Trishana Ellis holding a license to practice law. Now, the original two noncompliance violations became three, 107 days after the SOC had expired, they decided to add yet another non-compliance violation, to bolster they weak case. This Pro Tem Judge, like Pro Tem Holly Joy Johnson, was Darrell Phillipson. This Pro Tem judge resigned his license to practice law in Washington, as did Linda Jacke, the judge for whom Phillipson was sitting in place of that day. Oh yes, three (3) judges that sat on Kyle’s case were made to resign. Little fishy, wouldn’t you say?. This time they added “pending assault 4 and malicious mischief”. The problem with this is very simple, this pending case happened 8 days after the SOC had expired. It did not fall in the period of the SOC, at all. You would have thought that the defense law firm would have argued this at the last hearing, on November 15, 2012, before the conviction, but they did not and this is why this law firm can be described as incompetent, unfit, and negligent.

The law firm that represented Kyle throughout this case was Stein, Lotzkar & Starr? Elissa Brine represented at the SOC Hearing and she is to blame for the substandard SOC. Interestingly, just 12 days before Kyle was arrested, the law firm officially withdrew from the case. They stated, in their motion, that they attempted to contact Kyle, but didn’t succeed. Kyle could have been contacted easily, he kept the same phone number for over 15 years. Whatever the law firm said in that motion to withdraw, is suspicious, to say the least. The prosecution says Kyle admitted to this pending assault charge. This is true. The prosecution, court judges and defense allowed Kyle to be railroaded in this case. They did nothing to stop this.

November 15, 2012, Kyle was convicted on both charges of domestic violence. He was an innocent man that was only defending himself for a physical attack, by a woman that had done this twice before, to two other men. This woman, a brazen alcoholic, dangerous to anyone that crosses her path while she’s under the influence of alcohol. Again, corrupt Holly Joy Johnson sat in judgment and imposed sentencing. In between conviction and sentencing, they did figure out the Kyle did complete treatment, but that is as far as they would go. It was an after thought. Kyle was sentenced to:

• 12 months suspended, court imposes jail time of 364 days on charge 1 with 359 days suspended, and 5 days credit for time served.

• Total Imposed on charge 1 with $5000 suspended and $338.00 other amount ordered

• monitored unsupervised probation for 3 months,

• Final review Monitored probation for 9 months.

• FNL Review set for August 15, 2013.

• Finding/Judgment of Guilty deferred prosecution revoked for charge 2

• Judge Pro Tem Johnson, Holly Imposed sentence

• Court imposes jail time of 364 days on charge 2 with 359 days suspended, and 5 days credit for time served

• Total imposed on charge 2: with $5000 suspended and

• $0.00 other amount ordered

This case has been used to destroy the relationship between Kyle and his daughter. This is just the beginning, this story continues with more twists and turns. There are other prosecutors, judges, commissioners and lawyers that will be named......

Part two: demented behavior doesn’t come close……

Time went by fast and after Snohomish County Legal Services and all their goon lawyers used the above King Co. District court case to destroy a father/daughter relationship, Kyle looked into the case further. All the years that past, Kyle thought that it was handled the right way. He had no idea of the sewer service, adding a new charge and convicting him of this new charge. He had no idea that the prosecution and his own defense attorney had screwed him over at every turn.

An argument ensued in February of 2019, with the King County District Court Records Department to release the “New Address filed” filed in July 2011. After multiple emails, the records department sent the request to Judge Lisa Paglisotti. She read the emails and signed for this document to be public, she removed the confidential status. This is when it came to light that Kyle was, in fact, sewer served. Proof was right there, no question, in black and white. So, Kyle took some time, gathered documents and wrote a motion. He filed the motion on April 11, 2019. This motion brought up a question of jurisdiction. Jurisdiction is only established if a defendant is properly served. The prosecution is obligated to prove they served. In Kyle’s case, they did not serve, nor did they file any kind of “proof of service” in any form. The motion was sent to Judge Lisa Paglisotti for review. It sat with her for 27 days before “Motion hearing set to give the city a chance to respond” was her decision. The prosecution did not respond, but waited until the hearing. This time is was Prosecuting Attorney Stefani Snow (wsba #28100) and Judge Rhonda Laumann (wsba #22126) that went up against Kyle. It may sound a bit off by saying the judge was against Kyle, but it’s true. Rhonda Laumann, sitting on the bench, acted like a prosecutor. She did not, in any way, act like an impartial judge. Stefani Snow said little until the end when she stated that Kyle admitted to the new charge pending that ultimately convicted him. Laumann argued with Kyle about the wording of the Stipulated Order of Continuance. She denied that the language was, in fact, “approximately 24 months”. Kyle argued right back. He told this judge that the “new charge pending” did not fall in the period of the continuance and should not have been allowed. Laumann argued even more. She looked and found another reason to throw out the motion. She used an excuse that there was a time limit of one year. This judge was hell bent to get Kyle out of her courtroom, and she did just that.

Jurisdiction is paramount in criminal law. It establishes authority of the court to rule in a case. Without jurisdiction, a court’s hands are tied. For jurisdiction, in any court, to be established, service of process must be proven by the party bringing it. This means the State must serve the defendant all charging documents, including, but not limited to Motions, notice to appear, etc. The prosecution did not do this, therefore the court did not have personal jurisdiction over Kyle. This was the first issue that Kyle brought in his Motion, it was ignored by Laumann. Whenever a question is brought about jurisdiction, a court is required to investigate. They cannot continue without knowing they have obtain the authority to do so.

This is not an isolated case. When the Redmond City Judicial officers were made to resign, they left, in their wake, a slough of cases that beg to be re-examined.

Part Three…the real motive emerges…

Kyle and Douangchay stayed together through the pregnancy. Their child was born on January 19, 2013. The couple moved Douangchay’s sister and nephew into their home and she took the position of nanny for their daughter. All was good throughout the next 14 months or so, but the sister/nanny decided she wanted to move on and move out. She’d helped out enough and gave Kyle and Douangchay “notice” of her departure.

Now the couple needed to find daycare for their daughter. Douangchay reached out to a friend she had known since her arrival in the U.S. Suphol Phab was her name, but she, like Douangchay went by an alias, “Samantha”. Douangchay hid the fact that “Sam” was a felon and therefore would never be allowed to have a daycare license. Douangchay hid everything that most would find to be critical information, in making the choice on a daycare provider for their child. Kyle would never have agreed to placing his daughter with a felon.

Soon, Douangchay’s need to frequent the clubs, emerged again, and with it came conflict between the couple. Kyle truly believed that becoming a mother, for a second time, would diminish her fixation on these places. Douangchay still was incapable of putting her family, Kyle and their daughter, above herself. Their opposition grew and their relationship would not survive. Douangchay’s threat of taking away their daughter from Kyle was her favorite. She threatened used this every time they had a disagreement and even making jokes about it in front of others. She knew this scared the hell out of Kyle, as it would any parent. Kyle took these threats very serious, after all, Douangchay had strong ties to Southeast Asia. Coupled with Douangchay abandoning her first child, her threats terrified Kyle. He knew she could accomplish her demented threats with little effort and Kyle was desperate, he did a foolish deed, he placed a track devise on her vehicle. He knew he’d lose his child and didn’t care about consequences. The fear of losing his precious daughter is all that matter, he had to act. He was in protect-my-child mode.

Kyle and Douangchay did attend a few couples counseling sessions, in an attempt to fix their relationship, but these failed due to Douangchay’s inability to take responsibility for her own behavior. She blamed Kyle for everything that went wrong between them. Like the men before him, Kyle couldn’t take anymore. He ended the relationship right there, in front of the therapist, and walked out the door. Douangchay persuaded the therapist to call Kyle to get him to return, but Kyle knew it was over. Kyle realized that Douangchay wasn’t interested in mending the relationship, her motives for counseling, were nothing more than getting a professional to agree with her in that Kyle needed to be fixed. The months following were chaotic, emotional and eye opening for Kyle.

The two agreed that they would share time with their daughter, but soon this broke down. Douangchay’s need to be in total control was important than their daughter’s need to have a relationship with her father. She started using their child as a weapon. Kyle tried to appease her, but soon, it became clear that Douangchay was not going to be cooperative in their co-parenting. The communications between these two became impossible, they became engrossed in bad behavior. They engaged in name-calling via text messages, neither one could step away from the other. For six(6) months they fought over everything, not having a nice thing to say to, nor about one another. Kyle was advised by family, to file a parenting plan, but refused saying he knew they could work it out with her. This decision would not be a good one. Douangchay was scheming and collecting, she was going to court for a Restraining order against Kyle.

On August 15, 2016, Kyle walked out of the Snohomish County Courthouse restrained from Douangchay. Because all women must be believed and therefore protected, men are automatically assumed as abusers. Douangchay, in her petition, claimed there were police reports, yet none were submitted. She submitted text messages as proof that Kyle was harassing her. The text messages were edited beyond belief. She omitted her part in them, 90% had no dates attached to them. They were taken out of context and designed to make Kyle look like a monster. Her ploy worked in spades. She stated how “fearful” she was of him. Then, later, the same day Snohomish County Superior Court Commissioner Tracy Waggoner signed the restraining order, Douangchay showed up at Kyle’s residence and attempted to have him arrested. This proving she had no fear of him whatsoever. Witness accounts say Douangchay exited her vehicle, walk up to Kyle and threatened him. Snohomish County Deputy Sheriff Josh Wheeler was dispatched. Deputy Wheeler asked Douangchay to leave Kyle’s residence. Kyle filed for a parenting plan a week later.

Douangchay was determined in her threats and actions to remove Kyle from not only her life, but the life of their daughter. After all, Douangchay knew exactly how the system worked years before she met Kyle. She had gained favor with the court through the restraining order process, and now she went to work to further her plan. From September 2016 through July of 2017, Douangchay went back and forth, from the restraining order to the parenting plan, using false allegations of abuse, to add their child to the restraining order. Just a few days before the parenting plan hearing, she went to the restraining order case and tried to modify it, Ex parte,

Kyle knew nothing of this.

It is important for us to understand what “Ex Parte” is. Black’s Law Dictionary is regarded as the go-to for legal definitions. Lawyers around the country use this dictionary to quote from in their cases. They define “ex parte” as follows:

“On one side only; by or for one party; done for, in behalf of, on the

application of, one party only.”

One source says:

“Ex parte orders are only allowed in certain defined circumstances because they can be unfair and violate the due process requirement of the United States Constitution. ... Most often, ex parte orders are done in cases of domestic violence or child abuse and generally in an emergency situation.”

At the parenting plan hearing, she showed up with a last minute lawyer that knew nothing about the case, but he monopolized the whole hearing. It was Kyle’s petition, yet the commissioner gave the floor to the opposing attorney and disregarded Kyle’s right to plead his case.

Please keep in mind, at this time, Douangchay already had a restraining order on Kyle. By having that, why would there be a need for more? There’s only one reason to place another, and that is what accompanies it, an audience, without opposition, with a judge or Commissioner. A petition for an immediate restraining order eliminates the accused from defending themselves. This is exactly what Douangchay wanted and needed to rid herself of Kyle.

October 3, 2016, Douangchay went back to the restraining order and tried to modify it, she wanted to add their daughter, using an ex parte hearing.

October 5, 2016, again, Douangchay goes to Kyle’s residence and tries to have him arrested. Snohomish County Deputy Sheriff asks her to leave.

October 10, 2017 Douangchay doesn’t show for this hearing. She calls last minute to tell the court clerk. She must have known that her appearance at Kyle’s residence for the second time, had been documented and noted.

Two months went by and things were quiet, but then January 2017 happened.

January 17, 2017 Douangchay, in the parenting plan, filed another ex parte action.

January 26, 2017 Ex Parte action again.

February 15, 2017 yep, one more ex parte action

So, in all these actions, Douangchay had private audience with the following Commissioners:

1) Commissioner Susan Gaer

2) Commissioner Lester Stewart

3) Commissioner Tracy Waggoner

4) Commissioner pro Tem x2, (pro Tem= pro tem

1) adj. short for the Latin "pro tempore", temporarily or for the time being. In law, judge pro tem normally refers to a judge who is sitting temporarily for another judge or to an attorney who has been appointed to serve as a judge as a substitute for a regular judge.

The above ex parte actions accomplished a lot for Douangchay, private audiences with these judicial officials gave her what she loved most, playing victim. But what would occur next is beyond belief.

On May 3, 2017, Douangchay took her antics to a level that puts everything into perspective and explains how demented this woman truly is. She didn’t follow the parenting plan instruction, that day, nor any other day for that matter. She didn’t pick up their daughter as directed by the parenting plan. After both, her and her multi-felon brother attacked and threatened Kyle, through text messages, she called Lynnwood police. Lynnwood police called Kyle and Kyle explained. Lynnwood police were satisfied with Kyle and asked him to give a time and place for Douangchay to pick up their daughter. Kyle did so, 8:00 pm at a public parking lot in Des Moines. Douangchay drove, alone, from Everett all the way to Des Moines, an hour or more. Remember the sister/nanny? She lived five miles away from Kyle, in Kent. Why didn’t Douangchay, if she needed multiple restraining orders for her fear of Kyle, tell Kyle to drop off their daughter with the sister/nanny and she’d pick her up from her? Or, ask the sister/nanny to accompany her to the location? No, Douangchay chose not to do that because she was pissed and wanted any reason to have Kyle arrested. Her intent was clear. Kyle knew not to be alone in this. She tried to have him arrested at his own residence. His girlfriend accompanied him. She drove Kyle and his daughter to the agreed upon location. Douangchay was there and coming toward them, she was pissed. She was flailing her arms and screaming. Kyle’s girlfriend drove away leaving Douangchay standing there. She was enraged. Douangchay called 911, telling the 911 operator that she’s in Auburn. She is so angry, she doesn’t even know where she is. Her demeanor is casual. She starts by saying, “I need assistance.” She proceeded to tattle on Kyle for not giving their daughter to her. After telling the operator a few lies, like she and Kyle are not suppose to communicate and Kyle didn’t follow the parenting plan, the operator, asks her, 4 minutes into the call if Kyle threatened her. The operator told her to stay put and an officer would be there shortly and the call was ended. Officer Chad Stillwagon of the Des Moines police department showed up. Douangchay’s demeanor changed drastically, according to the police report. She had her audience right in front of her and this time she’d get what she wanted. She turned into the victim, a performance that deserved an Oscar. Stillwagon, in his report, used the infamous words, used by all police, in these situations, “she was visibly upset”. This must be taught in their 8 hour workshop of how to write a police report when a woman says she was abused. The “victim” emerged in spades, telling the police she was threatened. Kyle called her filthy names and threatened to kill her, she told Stillwagon. She then added a ludicrous comment when asked to do a recorded statement. She told Stillwagon that she didn’t speak English well. This was untrue. She testified later to being in the U.S. for over 25 years, reading, writing and speaking English fluently. These actions, done by Douangchay, spawned 2 felony charges against Kyle, thanks to the complete abuse of power in King County District Court. The first was filed on July 10, 2017, 314 days after initial arrest, in Snohomish County Superior Court. The tracking device case was turned from a misdemeanor to a felony. Then this Des Moines situation was filed, on July 14, 2017, 72 days after the incident, in King County Superior Court, as a felony.

On May 15, 2017, Douangchay filed yet another Immediate Restraining Order, Ex parte, against Kyle, in Snohomish County and this time she accomplished putting their daughter on it. She took this, as if it were true, and had yet another audience with a commissioner. It was Commissioner Susan Gaer, yet again. Through this, she was directed to free counsel with Snohomish County Legal Services, although it is not known as to where the directing originated. The lawyer that took this case was Helena Maria Koltonowska, aka “Helenka”, a bulldog of a lawyer. Hearings were done in June, but all the while Koltonowaska had other plans. She asked for this case to be dismissed and to seek relief in the parenting plan, Commissioner Lester Stewart granted this. Kyle’s lawyer, Andrew May charged an outrageous $4500 and then blamed the court for this, yet he didn’t fight it. He didn’t object, even though, acting as a defense attorney, he should have done exactly that. This did prove, beyond any doubt, that Douangchay’s motives were clear. She wanted the parenting plan and she even said so in the petition she filed.

Koltonowska gathered a few people and had them write declarations for Douangchay and filed contempt in the parenting plan case. These “witnesses” consisted of Khamkheuane Suannoy, Douangchay’s brother. His felony criminal record goes back years. Another felon, “Samantha” Phab, and Douangchay’s boy toy lover, Tristan James Eames. At the Circus they call a family law trial, the felon brother was locked up, again. Samantha lied through her teeth and the lover was no where to be seen. These are the people, that the court decided, would determine the outcome of a father’s ability to see his child. The contempt was filed on July 7, 2017. It is not a coincidence that the felony charges happened days after. Koltonowska had strong ties in the prosecutors offices, both in King and Snohomish Counties. She worked in both places.

A status conference was held on July 21, which Koltonowska used to her advantage. Directly after the conference, the cunning attorney went directly into another ex parte hearing and filed yet another Immediate Restraining order. Commissioner Lee Tinney reviewed the contempt filings and based her decision on them. The restraining order was granted. This decision would be carried over into the contempt. Gaer would not contradict Tinney. So Tinney made the decisions that destroyed a man’s life so he would not be allowed to see his child without supervision by a professional supervisory agency. Makes you wonder exactly how many fathers have been eliminated from their children’s lives in this manner.

Literally, what happens is one commissioner rules on a situation and this ruling will not be contradicted by the next commissioner, so Tinney set the tone for future rulings and she did so based on accusations made by Douangchay and her co-conspirators. Both Tinney and Gaer made bad decisions by allowing declarations by felons, and they did this behind closed doors that shut out the accused, Kyle. Ex parte was used a few more times after this, also. Kyle tried to file contempt against Douangchay, but a little rule in Snohomish County states her lawyer cannot be served. It has to be served directly on her. This rule doesn’t exist elsewhere.

Kyle was facing felony charges in two counties now. He knew that he would never get a fair trial in Snohomish County. All the judges and commissioners were convinced he was a domestic violence batterer and would throw the book at him. So, he plead the case. He would fight all this in King County and that’s exactly what happened.

The trial began on February 27, 2018. Kyle would face off with King County Superior Court prosecutor. Douangchay would be made to testify. She did just that. For three hours Douangchay was asked question after question about Kyle abusing her. The jury sat listening intently. On March 1, 2018, the jury returned after only 20 minutes and handed down their decision. NOT GUILTY! Douangchay’s testimony sealed this case. It was apparent, after only 30 minutes, that Douangchay was lying about the whole incident. Her testimony acquitted Kyle, but it didn’t stop her and her Snohomish County Legal Services goons from completely lying on the parenting plan documents they filed. Douangchay’s testimony and declarations went into overdrive. She stuck to her lies. He testimony changed drastically from county to county. The perjury that went on in Snohomish County was absolutely obvious, yet the four lawyers and Judge Joseph Wilson acted as if they knew nothing of this. The following is an exert from the results of a complaint filed against Wilson. His behavior was the same in Kyle’s case. He disrespected Kyle at every turn. He spoke down to Kyle and his behavior can only be described as juvenile. Joseph Wilson is a detriment to the judicial system.

“ Investigation revealed that defendant (Judge Joseph Wilson) was at all times during the hearing respectful and deferential towards the court. Respondent, after expressing his view that the resolution was too lenient, addressed the defendant in a confrontational and angry tone. He repeatedly called the defendant “an animal,” and at one point near the conclusion of the hearing, refused to let the defendant speak, telling him, “You don’t have the integrity to talk to me.”

C. The Commission served Respondent with a Statement ofAllegations on January 23, 2018, alleging his actions during the July 10,2017 hearing violated Canon 1 (Rules 1.1 and 1.2) and Canon 2 (Rules 2.2, 2.3(A) and (B), 2.6(A) and 2.8) of the Code of Judicial Conduct.

D. Respondent answered the Statement of Allegations on February 22, 2018. In his answer. Respondent acknowledged: “I did not treat [the defendant] with respect and I addressed him in a maimer I should not have. These statements negatively impact the public’s perception of the court and for that I am sorry.” Respondent explained he was “profoundly unhappy with the resolution of this case prior to taking the bench,” adding that he nonetheless recognizes his “personal opinion of what a proper resolution should be should not interfere with [his] duty to be impartial and fair.”

And in another case, Wilson’s behavior toward a defendant resulted in these comments being made:

“The HeraldNet has more details of Wilson’s statements to the defendant. They include:

• After the defendant tested positive for drugs and missed his treatment, he appeared for a February 2017 hearing. The defendant acknowledged he had been drinking lately and said he needed anger management. Wilson used the F-word at least twice. “I think you’re a [expletive] addict, and maybe you need treatment,” Wilson said. “I don’t think it’s got nothing to do with anger management. You think I’ll give you anger management and that’s going to get you clean and sober? … What the hell are you talking about?”

—Judge Joe Wilson

Joseph Wilson should have stepped away from Kyle’s case and Kyle should have been given time to research this judge. The court record showed a different judge was scheduled, but Wilson was given this case the morning the kangaroo trial began. Wilson was combative throughout. Kyle filed proof of Douangchay’s past prior to the kangaroo court trial, yet it didn’t matter. Despite knowing that Douangchay gave a false name in the 1998 King County case, Wilson acted as if that was ok. Wilson believed the witnesses, despite their obvious perjured testimony.

Kyle lost all contact with his child. Douangchay was named custodial parent. Their child lost her father and half of her family because of Douangchay’s lies and Snohomish County Court and Snohomish County Legal Services inability to look for truth. It’s been over two years since Kyle has seen his child.

Some would say this is an isolated case, but the truth of the matter, is that parents face these

oppositions in the family courts everyday. Men and women lose contact with their children and usually it is due to the other parent’s inability to co-parent and their desire to gain financially, courtrooms. False allegations of domestic violence equals restraining orders, child custody and support, free legal services, homes, vehicles and bank accounts.