[AKidsRight.Org] NEWS RELEASE - WAYNE COUNTY DA REFUSES TO CHARGE BIGGEST ALLEGED DEADBEAT ON OVER 100 INCIDENTS OF DRIVING WITH A SUSPENDED LICENSE

jmurtari@AKidsRight.org

WAYNE COUNTY DA REFUSES TO CHARGE BIGGEST ALLEGED DEADBEAT ON OVER 100
INCIDENTS OF DRIVING WITH A SUSPENDED LICENSE

FOR IMMEDIATE RELEASE:   Dec 12, 2005

Lyons, NY - On Monday, Dec. 12th, John Murtari, a long time village
resident, appeared for Trial before Village Justice Forgione for
driving with a suspended license on July 12th.  Assistant DA Richard
Wunder was prosecutor. Murtari represented himself and in his opening
statement admitted he had driven on over 100 other occasions and  had
driven to court that morning and was planning on driving home
afterwards. Murtari challenged the constitutionality of the law which
allows DMV to suspend the licenses of parents who are behind in child
support payments.  In filed motion papers before the trial he claimed
this was little more than a form of debtor's prison and that the
system doesn't measure real support for children, just money paid a
specific way.  It ignores the Civil Right of a parent to contact with
their own children and just wants money instead.

State records show Murtari is over $55,000 behind in support payments
and may be the biggest 'deadbeat' in Wayne County. He rejected an
earlier plea deal that would have resulted in just a fine and instead
wrote the Court and DA's office giving details of over 100 other
incidents of driving while his license was suspended.  He told Wayne
County DA Richard Healey that he wanted this matter resolved honestly.
He wanted the great support and love he had given his son recognized
and didn't want to live in fear of being arrested as a criminal in his
home town for the slightest traffic violation.

Judge Forgione denied his motion to be arraigned and tried on the
additional incidents and said he had no authority to determine if a
Civil Right's violation had occurred or the constitutionality of the
law. The DA's office was also opposed.  The brief trial focused on
just the one incident and Murtari was found guilty and ordered to pay
a $200 fine.  He told Judge Forgione that he would not voluntarily pay
any fine, but was given till January 6th to make payment.  Murtari was
very disappointed that the additional potential violations were just
being ignored by the DA's office.

In a sworn affidavit submitted prior to the Trial he stated he loves
his son, Domenic (12), very much and is doing everything he can for
him.  Due to a relocation to California Murtari has spent over $55,000
in travel and other expenses associated with seeing his son.  He
claims his former spouse has extensive financial assets and what his
son cherishes and needs is regular contact with his father.  They have
maintained a strong bond even after six years of separation.

Murtari does not approve of 'real' deadbeats, those parents who simply
ignore and don't care about their children, but believes most cases
are caused by a system that can too easily make a parent's contact
expendable in a child's life.  He believes alleged deadbeats should
get the same legal protection given criminals and a chance to prove
how they are supporting their children to a jury.

Murtari is a former Air Force Academy Graduate and Air Force
Instructor Pilot with a strong record of community service.  He is a
lector at St. Michael's Catholic Church in Lyons and is the National
Coordinator for the group, AKidsRIght.Org, made up of mothers and
fathers who lost contact with children they love.  They want the
nation to recognize and protect the Civil Rights of all parents to
raise and nurture their own children.  The group's web site is:
http://www.AKidsRight.Org/

For more info:
Media Contact: Teri Stoddard 925-628-1206
John Murtari:  315-430-2702 (cell)

Letter & Motion admitting driving and challenging law:
http://www.AKidsRight.Org/support/lyons2.pdf 

Letter to DA Healey requesting prosecution on additional incidents:
http://www.AKidsRight.Org/support/healey1.pdf 

-- 
                                       John Murtari
____________________________________________________________________
Coordinator                            AKidsRight.Org
jmurtari@AKidsRight.Org                "A Kid's Right to BOTH parents"
Toll Free (877) 635-1968(x-211)        http://www.AKidsRight.Org/

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