Great Injustices Against men

True stories of men who have suffered
great injustice at the hands of the
judicial system in their own countries

The story of Will Hetherington
A shameful disregard for justice in the U.S.A.

Wil is in a Michigan prison on a Criminal Sexual Conduct (CSC) conviction. His wife claimed that he had raped her. The case was a matter of "he said/she said". Wil has been in prison, now, for more than 22 years. During all of that time he has consistently maintained his innocence.

* MOTIVE FOR THE CHARGE - The trial took place during a bitter divorce and custody dispute. It was expected that Will would win custody, because his wife had abandoned the family for more than two months.

* THERE ARE MANY IMPROPRIETIES SURROUNDING THIS CASE: Wil had to defend himself in criminal court at the same time that his divorce was proceeding. The divorce court froze Wil's assets after his CSC arrest. At the same time the criminal court refused to acknowledge that Wil did not have the use of those assets. Therefore, the criminal court refused to appoint a public defender. The way Wil obtained legal counsel was based on a "promise" to pay.

Wil was offered a cheap and easy way out. On the first day of trial he was offered a "no contest plea bargain". He could have walked away (after having served 11 months in the county jail). He refused the offer - went to trial and was convicted - then the same judge who offered him the plea bargain sentenced him to 30 (thirty) years. William had no prior criminal record.
       - The prosecutor had argued for 30 to 60 years.
       - State guidelines are 1 (one) to 10 years.

* Twenty lawyers have been interested in Wil's case over the past 22 years. Most of them say there was "error in trial" and "ineffective assistance of counsel". The prevailing opinion is that the law under which Wil was convicted was not constitutional under the state constitution. The lack of any money to defend himself is the reason why these attorneys have not taken his case.

      Several attorneys have taken whatever money Wil could raise and then abandoned him. Many persons who have attempted to assist Wil have been met with hostility, deception and "stonewalling" from public servants.

- Wil has been denied his automatic right to an appeal under the U.S. constitution !
- 11/93 the National Coalition of Free Men (NCFM) raised the $3,000 needed to purchase an official transcript.
    See footnote 1

* Wil has been in prison since 9/24/85. He was sentenced 11/26/86. Because he has no funds he was unable to obtain an official trial transcript. He needed this to file his (federal) constitutionally guaranteed appeal. but REMEMBER, the criminal court still refuses to acknowledge he has no assets.

* The criminal court docket shows that an evidentiary hearing was scheduled for 7/29/86, but it was not held or rescheduled. An Assistant Prosecutor tried the case, but the county prosecutor who was running for State Supreme Court addressed the court on two occasions: the bond hearing and the sentencing. The implications are strong that he was "grandstanding" for the feminist vote. The judge, too, may have been looking for political favor with the feminist vote.

* The doctor who examined Wil's wife (the alleged rape victim) testified that in examining her vagina he found no injury whatsoever and that this was unusual when a woman is claiming forceful intrusion.

* Wil admitted in court that he and his wife had consensual sex the day of the alleged rape. But the prosecutor discredited Wil's testimony by saying that Wil had no choice but to admit to having intercourse. As evidence he introduced a pair of Linda's blue jeans containing sperm. Yet there is no sperm in Wil's semen, because he had a vasectomy several years before. This fact was not picked up until Wil had been in prison for nine years and the NCFM organization had purchased his transcript so that the details of the trial could be examined (see footnote 1). No DNA testing was done (or has been done) to find out who's sperm was being used to convict him.

* On the day of the alleged rape, Linda Hetherington had visited her boy friend before going to visit Wil. It is suspected that the semen on the blue jeans is that of the boy friend. He was never called to testify at the trial.

* Linda and Wil Hetherington had been married for 16 years when the couple broke up and Linda filed charges.

* Linda visited Wil 8 (eight) times in jail on friendly terms between the time of his arrest and sentencing. Linda led Wil to believe that she wanted to reconcile their marriage. All Wil wanted was to get back his wife and family.

* There were no "battered wife" allegations in the CSC case, nor were there any such charges in their 16 year marriage. Prior to the charge Wil had filed a police report of physical attack on him by his wife. These charges were documented by police photos of his chest.

SUMMARY OF CASE 1999 TO 2005:
Stuart Friedman, Esq., Ann Arbor, MI, who was the attorney of record back in 1999 (Criminal Appellate Services) filed a brief with the Michigan State Court of Appeals in November 1999 asking for a new trial. It is labeled case number 86-36197 FC (members of the public can purchase it from the Court of Appeals for $38.00. Write Court of Appeals, Washington Suare Building, 109 West Michigan Ave, PO Box 30022, Lansing, MI 48909-7522. Make your check out to The State of Michigan). By the summer 2000 the state replied by refusing to hear the case.
An appeal was made to the Michigan Supreme Court and this appeal was denied (court refused to hear it) on Sept 25, 2001. Attorney, Warren Luppel's office (Chicago, IL) filed a federal writ of habeas corpus on September 27, 2001. On October 10, 2001 Judge, Bernard Friedman, Federal Eastern District Court of Michigan set aside the writ for a Show Cause Hearing (to determine why Wil did not file his writ between 1996 and 1997.

This one year period is important, because the newly enacted "Antiterrorism Effective Death Penalty Act" required eveyone in prison at that time to file any desired writs of habeas corpus during that period. After that period the federal government hoped that it would be rid of any such requests from anyone in prison prior to 1997. It sould be noted that during this time Wil tried to convince supporters and whoever he could grab to please write a federal habeas corpus. But he kept getting the advice that he didn't need it. Moreover, NCFM tried and could not find an attorney who would do it.

After many months of delay the Michigan State Attorney General's Office responded to Wil's writ of habeas corpus. On the basis of this response, Judge Bernard Friedman ruled against Wil (denied the Show Cause) on Sept 12, 2002. Without an attorney Wil filed a notice of appeal into the Sixth Circuit Court of Appeals in Cincinnatti, Ohio (case #02-2242).

On March 4 William Hetherington was denied his appeal in 6th circuit federal court. At that time he had a narrow window of 90 days to file an appeal with the US Supreme Court. Wil attempted to file for this appeal with the assistance of attorney, Warren Lupel (Chicago). Lupel tried to help with formatting the presentation, called a "Writ of Certiorari". Wil's chances were and remain slim because the U.S. Supreme court only accepts a tiny fraction of the cases submutted to it. On June 2nd his appeal to the Supreme Court was returned with the request that he make certain corrections. Several attempts were made to submit a brief, but the rules for formatting (specifying, among other things, page size and font) proved to be too much.

Please read Update #7 for April 2004 if you would like to know more about Wil's Writ of Certiorari. If you would like more dtailed information about Wil's case overall, please visit Documents and Archives.

In 2005 a new attorney, Jodi J. Doak, PC, agreed to champion Wil's case. You can read about this in Update #9 above.

ON AUGUST 1, 1994, Insight On The News Magazine did their cover story on William Hetherington. The magazine did an in depth investigation and reported on it fairly and thoroughly. For a back issue call (800) 356-3588. There is a charge. Have your credit card ready.

THINGS YOU CAN DO RIGHT NOW!
DONATIONS TO WIL'S DEFENSE FUND - Please be generous! Make checks out to: Jodi Doak. BE SURE to write, William Hetherington Defense Fund in the memo field. Mail your check to William Hetherington Defense Fund, o/o Attorney Jody Doak, 219 East Main Street, Suite #1, Boyne City, MI 49712 Telephone: (231) 582-6940.. We apologize to those outside the U.S. for our banking restrictions, but we can only accept U.S. currency. Please send a Postal Money Order. Thank You !!!

QUESTIONS - Contact Gregory Singer, Chair of NCFM William Hetherington Defense Committee - (212) 874-7316
TO PROFESSIONALS - "I have supporting documents, such as trial transcripts, police reports, Child Protection Service reports that show that Wil's children were abused after his incarceration, psychological reports and letters from Wil's daughters and one from his ex-wife, etc." - Betty Duffey, former Chair, William Hetherington Defense Fund.
______________________________________

THANK YOU from National Coalition of Free Men (NCFM)
PO Box 582023, Minneapolis, MN 55458-2023
This case is on-going.

The case of Lawrence C.Chartier
Human rights abuse in Canada

     I am a Canadian citizen and proud father of two incredible daughters.  I have decided to write this letter as my children and I are victims of terrible injustices within Canada.  This letter is to bring attention to a matter of national importance that I am certain many government officials are completely aware of and choosing not to act on.  It is a matter that affects many Canadian families, and a matter that has been addressed several times over the years within parliament as well as outside the government walls.  This issue demands immediate public attention, awareness and action.

     I write my story, and I will be as brief as I can. However it is unfortunately a long and terrible story and the real sadness is that this story is not unique in this country.  Other loving fathers have experienced many of the same atrocities I have, many caring fathers have gone into hiding, walked away from their own children, declared bankruptcy and fallen into poverty, suffered severe mental health problems, physical health issues and most horrible of all, some have opted to commit suicide and homicide.  I do not condone this behaviour, however after the experiences I have had in the past three years, I understand the pain suffered by so many good loving fathers.  I am speaking of the current family law system and the terrible damage to children and the parents (mainly fathers) of divorce.  I am clearly aware that this topic is well known to many, yet I fail to understand how so many allow the current system of unaccountability and severe abuses to continue in our country and our alleged democratic society.  I am perplexed that with so much emphasis on healthy families and their benefits to any society that the current crimes committed against children and their parents are allowed to continue and grow exponentially every year.

     In 1998, a report titled “For the Sake of the Children” was brought before parliament. Many of the issues I discuss in this letter were addressed in this report and many recommendations were made for sweeping changes in the current dysfunctional family law system.  The previous arrogant Liberal government chose to ignore these recommendations and continue with the corrupt legal system and status quo as it still exists today.

     I was once proud to be a Canadian.  I served for six years in the Canadian Forces with pride and, had the opportunity arisen for me, I too would have served overseas just as our soldiers do today.  I paid my taxes, worked as an enumerator for Elections Canada for one election, and voted in every election since I was old enough to vote.  I was proud that I lived in a free nation that I firmly believed to be just and fair.  I was proud to be part of a country that appeared to me to encourage strong families, ingenuity, and success.  I believed that I lived in a country that honoured hard work and recognized contributions to the nation.  I no longer am proud to be Canadian, and it appears to me now that I was delusional in my thinking.  I now believe I live in a state controlled by the legal profession, and not the people of this land.

       For many years I was part of a tumultuous marital relationship and despite years of trying to solve our problems, it finally came to a close.  Three years ago I was separated. It is irrelevant what my marital relationship was like, the marriage was over and the only matter of importance was my abilities as a parent.  Prior to the failure of my marriage, I was like any good Canadian father.  My life revolved around my family’s needs before my own.  I strived to maintain a good balance to ensure that everyone in my family had a chance to live well and follow our dreams.  I was an integral part of my daughters’ lives as they were of mine.  I attended all except perhaps one of my daughter’s parent-teacher interviews.  As a parent, I was often responsible for transportation for my children to and from school, daycare, Girl Guides, dancing and other extra-curricular activities.  I seldom worked any overtime, and all my weekends were free, allowing me plenty of time to take my children to the parks, on nature walks, bicycle rides and other family events, all of which I did frequently.  I am a healthy and good father, and my children and I deserve to remain together despite the fact that their mother and I do not get along.

     As I quickly learned, after my separation, I was treated as less than a second-class citizen.  I was embroiled in a system that thrives on conflict, abuse, unaccountability, and a complete disregard for the written law.  I encountered judges, lawyers, police officers and others hell bent on actively alienating me from my children whom I love as much as any good father.  I found myself embroiled in a system that deliberately vindicated my former spouse’s irresponsible and confrontational behaviour at the expense of my relationship with my beautiful daughters.  I found that the current legal system not only allowed my former spouse to vilify me, but actually encouraged and disregarded her vexatious behaviour.  I was unable to defend myself against the constant onslaught of lies, lawyer’s manipulations and judge’s incompetence.  Even more sickening is the fact that these courts proclaim to act “in the best interests of the children”.  It takes a truly twisted individual to think that cutting a parent out of a child’s life is in their best interest.

     The main disadvantages I have in this corrupt legal system:
·        Complex legal system designed for manipulative officers of the court (primarily judges and lawyers) to allow for personal gain and to maintain the status quo
·        I am a man and a father
·        Self represented.  As a middle class Canadian, I did not have access to proper legal counsel as I could not afford it and made too much to qualify for legal aid (although based on my experiences and what I have witnessed of other fathers, having a lawyer in this system is no guarantee of fairness either)

     I learned that approximately 75% of divorces in Canada are initiated by females, that approximately 90% of mothers retain full custody or primary care of children, and that many good fathers are financially bankrupted and alienated from their children.  Many divorced fathers are often further destroyed by an inflexible maintenance structure and are offered no protection or recourse from parental alienation.  The few fathers that are fortunate enough to occasionally have a ‘win’ in the family law courts usually have done so after spending large sums of money on legal fees and spending several years fighting for their rights to remain fathers to their children.   I believe that most of these men were fortunate enough to have the funds to fight the corruption that clearly exists within the current legal structure, and were fortunate enough to have the stamina to endure the constant abuse of such a confrontational and destructive system.  I once read that justice in Canadian courts is “justice by accident” and based on my personal experience, I believe this statement is true.

     I have no positive experiences from what has taken place in the past three years.  I have no faith in this legal system as it has continually created a confrontational environment that has too often placed me in situations where I have made decisions I would not have otherwise made in a fair and accountable system.  I have not seen or been in contact with my children for over a year now.  I have given up fighting within an organization that deliberately places hurdles in my path to justice.  I was forced to spend Christmas without my children this past year, I have been forced to miss birthdays, school plays, parent-teacher interviews and extra-curricular activities that I normally took part in prior to my marriage separation.  Despite all the things I did after the failure of my marriage to alleviate confrontation, I soon discovered that my ex-wife now had a vehicle (in the legal system) at her disposal to continue the same abusive behaviour I experienced throughout our marriage.  To add insult to injury, the courts not only vindicated her behaviour, they allowed her entire family to participate in flagrant abuses towards my children and me.  The lawyers and judges actively created circumstances that my former spouse was able to easily manipulate to create and provoke confrontation.

  If you have any sense at this point what my experience was like, you can only imagine the stress and emotions that come with this kind of continual destructive system.  I suffered from severe depression and anxiety which severely affected my normal good judgment, any ability to have a productive life and most importantly, quality time with my children.  I was often denied access only to have my ex-wife’s lawyer manipulate the court by stating that I “had little contact with my children after the separation” as though I chose to limit my time with my daughters.

  I am thoroughly disgusted that blatant abuses against the Canadian Charter of Rights and Freedoms and Human Rights continue to thrive in our country.  I find it reprehensible that Canada passes judgement on other countries' Human Rights abuses while Human Rights abuses exist within our own borders.

  In the past three years, I have gone from being a full time father with a good job, a nice home, acting as a responsible and constructive member of society, to being forced to live in hiding, my children forcibly removed from my care, being denied access to my children and having the courts completely rape me of my future and dignity.  This system has stolen the last three years of my life.  Recently I have lost my driver’s license to maintenance support, a vile organization in itself that blatantly abuses the power to enforce unreasonable orders.  The loss of my driver’s license cost me my employment, as it is a requirement of my employment.  My children are being used to extort money from me.  We have other laws in this country which call this kidnapping and blackmail.

  All that I hoped for in my life was to be able to live peacefully and like any other father, raise my children as best as I can.  I still want the same thing in my life. I want to be with my children and share the time with their mother evenly, I want an opportunity to rebuild my life, wealth and home so that I can offer my children what they rightfully deserve.

  Every father in Canada deserves to have a voice.  Every father deserves to have the chance to describe their own tortures suffered under an unjust system.  Every child has the right to be heard.  I know that I will no longer remain silent.  This letter is also a statement that I will no longer capitulate to the abusive and severely flawed legal system and financial slavery.  Although I do not wish to go to prison, I am fully prepared for this outcome now as it is clear to me that negotiation and compromise do not exist within this flagrantly corrupt system.

  In closing, I want to relate to you the eerie similarities between the current family law system and another organization in history.  This organization deliberately sought out a group of individuals and created a place for them in society that caused the rest of the people to find this group as repugnant.  They were publicly vilified, called evil, liars, tormentors and thieves.  They were rounded up and brought before ‘kangaroo’ courts and faced charges for non-existent crimes.  These people were told that they had no rights, and were eventually rounded up as cattle and sent off to their doom.  It was the Second World War, the organization was the Nazis, the people were the Jews, homosexuals, Gypsies, Poles, Russians, Communists and anyone who did not ‘fit’ in with the current political thinking of the times.  After the war, German citizens claimed they simply were not aware of the atrocities that took place.  Is it the same thing here?  If you examine what is currently happening within the current legal system in Canada and much of the developed world, it is frightening the resemblances with this time in history, and it is sad that we still have not learned from it.

  It is time to change.  It is time to give fathers the opportunity to be heard in a public forum, and the children who have been affected by such a destructive organization to be heard also.  At this point in my life, the only acceptable solution is reunification with my children along with the protection to parenting without interference from my former spouse and the legal system, as well as the opportunity to rebuild my life so that I can once again become a contributing member of society and provide my children with the home and future they so rightly deserve.  I will accept any lawyer’s aid who wishes to act pro-bono in my case.

Lawrence C.Chartier
Proud father