Walter Burien, Jr.
P.O. Box 2112
Saint Johns, AZ 85936
(928) 445-3532
IN THE SUPERIOR COURT OF ARIZONA
IN AND FOR THE COUNTY OF MARICOPA
WALTER J. BURIEN, JR. Case No. DR 2000-090543
Petitioner, Atlas No. 000137781901
V. STATEMENT OF: WALTER J. BURIEN, JR.
DEBBIE C. BURIEN (WATTON) [ PETITIONER’S EXHIBIT “A” ]
Respondent. AND REQUEST FOR ORDER
The Honorable Casey Newcomb
- COMES NOW, Walter J. Burien, Jr., hereinafter the father, with the following statement to and for the court per matters in this case and request for order from the court:
- On February 28th 2000, the father was granted sole custody of his son John Joseph Burien by the Honorable Judge Barbara R. Mundell after hearing on that date when the mother Debbie Burien (Watton) evidenced a perpetuated endangerment and harm to the child based on her own testimony. I note that Judge Mundell prior to the hearing was told by Judge Robert Brutinel and CPS caseworker Dona Goodman from Prescott, AZ that the child was fine and seeing a doctor weekly ever since the mother took off with the child in December of 1999. Being that there were several statements from witnesses that were affiliated with the mother during the time when she took the child, stating that the child was severely damaged and denied medical treatment for this damage, the mother was asked by Judge Mundell if the child had seen a doctor and the mother replied yes. Then Judge Mundell asked who brought him to the doctor and the mother replied, “his father did”. This statement by the mother confirmed that CPS in Prescott and Judge Robert Brutinel had intentionally lied to her and it was obvious to her that they had done so to cover-up the damage inflicted on the child. Upon confirmation of these facts Judge Mundell to say the least became angered upon realizing the political undercurrents that had lead to the reckless endangerment of the child perpetuated by Judge Robert Brutinel and the CPS personnel from Prescott, AZ. I note that this participation on Judge Brutinel’s part and case worker Dona Goodman was not the exception but the standard of conduct that stretched back pervasively to 1995. A timeline summary of this conduct from Judge Robert Brutinel and CPS in Prescott covering the period of 1994 until 1998 can be viewed through the following document submitted here as filed with the court - (link case sensitive)
- This father maintained being a single father taking care of his son until November 23rd 2005. While the father and the child were back in NJ visiting the child’s grandfather, custodial interference (kidnapping) was played out in violation of the standing Arizona court order of custody, motivated by coercion of the mother and Prescott CPS caseworker Dona Goodman who made statements to the NJ Caseworker of DYFS as documented in that caseworkers DYFS reports that Dona Goodman said: ”the father was an unfit parent” and “she did not know how he got custody” “that judge did not know what they were doing”. I note that CPS caseworker Dona Goodman had not seen the father or the child for five years when she made these comments to the DYFS caseworker. If held accountable for this tort committed, she would and should have been fired on the spot. What the reality of the undercurrents dictated was; she received a promotion and was relocated to Camp Verde.
- This father has not seen nor has he been allowed to see his child since November 23rd 2005. The father filed several motions for a hearing in this matter to establish the crime of custodial interference played out on that day; to seek visitation and custody of his child; and to bring forward evidentiary findings to hold accountable the parties involved with the custodial interference that took place. The first motion for hearing was dismissed as “abandoned” by judge Lisa Flores and the last request for a hearing simply ruled “Denied” by Judge David Gass ( ). This father has been denied remedy in these primary and important issues for the last five years as in the alternative a fraud upon the court has been perpetuated against this father through the enactment of a child Support order established out of fiction; in violation of any standard guidelines; and felonious in its enactment and continued perpetuation. A complete audio record of the hearing that established the child support order through commissioner Arrow in which exparte conversations by and between attorney Troy Brown and Paula Cottita representing the state of Arizona and Commissioner Arrow that were intentionally designed to malign the father and bias the court towards the father took place before this father called in from NJ to be present for the hearing but those conversations were captured by the audio recording and can be heard in its entirety through the following link –
- The previously standing child support order before the court today that is approximately $41,000 was enacted by fraud; has been perpetuated by fraud; and has been done so without remedy to this father. Including his attempt for correction through the Arizona Court of Appeals when again through political undercurrents applied within the three judges assigned after a four month wait for the Court of Appeals action, the only Judge that this father had a clear conflict of interest with from the AZ Court of Appeals was assigned as one of the three and when the court was asked by motion filed by this father to recluse judge Michael J. Brown, Michael Brown ruled on that motion himself declining it and then proceeded to rule on all decisions of which his rulings blatantly maintained the political undercurrents status quo of perpetuating the fraudulent child support order designed as an egregious tort for damage against this father. This father’s Opening Brief to the Arizona Court of Appeals as filed with the court can be viewed at the following link –
UNDESPUTED FACTS
- From 2004 until 2010 this father’s income has been well below the poverty level and as being such he has received food stamps and DES as a requirement for the food stamp program verified his income, an income that barely met his survival needs. Based on “reality” and not “fiction” presented by parties perpetuating a tort against this father, the fathers statutory child support in compliance with well know standards and local and federal guidelines would have been from 2005 to 2009, zero.
- In 2008 this father became eligible for SSI disability payments in the amount of $87 per month. That $87 was then subsequently paid in child support per month.
- On April 15th 2010 this father was granted a VA Disability Pension in the amount of $891 per month of which inclusive within that amount is the federal statutory allotment for one dependent of $165 of which as of May 1st 2010 this father has increased through auto-pay a child support payment made of $165 per month and has requested of the VA to add on one extra dependent and if approved by the VA this father will receive $1056 per month on his VA Disability Pension and will increase his monthly child support payment made to Atlas No. 000137781901 to $330 per month of which at hearing before Commissioner Woodburn adjustment was made of income and child support as noted above and a true copy of that ruling of 05/26/10 is copied at the end of this document.
- Per the prior child support order of $668 per month having its foundation based and perpetuated on clear fiction and clearly a fraud upon the court. Even though others choose to participate with this fraud, a fraud that has, is, and will continue inflicting an egregious tort upon this father if left standing, this father will not participate with a fraud of this nature or the perpetuation of criminal conduct from the parties involved in doing so and requests that the court vacate or nullify the prior child support judgment in its entirety or in the alternative order that an independent examiner such as the Ombudsman overseeing the Arizona Department of Youth and Family Services contact this father and review this father’s income since 2004 until present and upon doing so advise the court if fraud upon the court is being perpetrated by the perpetuation of the prior child support judgment and give his recommendation to the court based on findings of fact to vacate or not vacate the same.
- Upon award of this father’s VA Disability pension of which said disability was primarily exasperated by the egregious torts over an extended period of time being inflicted on this father from within this court action by several parties directly or indirectly involved, this father for the first time in five years is now at the threshold of the poverty limits over being substantially below the same, and with the child support payment of $165 and then $330 if approved by the VA, will have after the child support payment is made each month $726 remaining to live from and on. This father’s current monthly cost for “basic” survival where he lives fourteen miles outside of the town of Saint Johns, AZ with his ten pups is about $600 per month and this will leave $126 a month to travel to Prescott to see his children if this long awaited remedy to that end and dearly needed event is made available.
For the foregoing reasons: Petitioner requests that by ORDER of the court that the court vacate the prior child support judgment in its entirety or in the alternative order that an independent examiner such as the Ombudsman overseeing the Arizona Department of Youth and Family Services contact this father and review this father’s income since 2004 until present and upon doing so advise the court if fraud upon the court is being perpetrated by the perpetuation of the prior child support judgment and to give his recommendation based on findings of fact to vacate or not vacate the same.
RESPECTFULLY SUBMITTED this 6th day of July 2010
Walter J. Burien, Jr.
ORIGINAL of the foregoing Petitioner’s STATEMENT OF: Walter J. Burien, Jr.- EXHIBIT “A” and copies of the same hand delivered to attorney Troy Brown and attending state representative of the Attorney Generals office for Paula Cottita representing the State of Arizona and as is such submitted to the court at hearing as Petitioner’s EXHIBIT “A”
This 6th day of July, 2010
Maricopa County Superior Court
Old Courthouse
125 W. Washington
Courtroom 002
Phoenix, AZ, 85003
CERTIFICATION
The forgoing statement; facts; presentations are true and accurate to the best of my knowledge.
Walter J. Burien, Jr.
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July 6th 2010 - PAGE