1304 days 18 hours 11 minutes,

since Child Protective Services declared the claim against the father as unsubstantiated.

Click Here to View CPS Decision

1500 days 18 hours 11 minutes,

since since Fayette County Family Court took the children from their father.

 

1303 days 18 hours 11 minutes,

since the District Attorney dropped criminal charges against the father.

Click Here to View Dismissal

Poe Case

The Poe Case is a manufactured strategy by the mother and grandmother. 
Evidence of the premeditated strategy is overwhelming.

The father was accused of slapping his 7 year-old son.  He was arrested and both of his children, the 7 year-old Jack, and his 5-year old sister, Adi, were taken from him. 
The father was eventually cleared by CPS and the District Attorney dropped all charges.  Despite the investigations clearing the father, Family Court of Fayette County has kept both children from the father and his family for 2 years.

These facts are indisputable:

  • Despite her accusations to multiple agencies, the mother cannot provide a single message to the father, or anyone else, expressing concern as to his treatment of the children, ever.
  •  The mother placed the children in therapy without the father’s knowledge prior to the slap accusation.  The mother testified that the father was aware of the therapy.  The children’s therapist confirmed that the mother was being dishonest in her testimony that the father was aware of the children’s therapy or that his insurance was used.
  •  The children’s therapy notes revealed statements by the mother and the children that were not consistent with the text conversations she was having at the same time with the father and contradicted the activities during the visits the children were experiencing with the father.
  • While being seen separately and without being asked, the children provided negative comments about their father in every single therapy session.  Multiple times the children used the exact same wording and almost always spoke the same narrative.
  • The therapy notes revealed such obvious coaching that the therapist testified against the mother and the mother’s counsel requested to have the therapy notes kept from the court.
  • The allegation of the slap by the father was made the day after Jack told him about the secret therapy.   According to the mother, she picked Jack up a couple hours after the slap accusation but he did not tell her that day that his father had slapped him.  He told her the next afternoon prior to his therapy session when, “he blurted it out excitedly”.
  • Prior to the slap allegation, the mother detailed ongoing abusive behavior by the father to the children’s therapist. She also indicated prior abuse in the EPO and CPS reports at the time she alleged the father had slapped Jack.  Yet a week later under oath, she denied any previous abuse.  A few days after this testimony, on a recorded call with the police, she reiterated the previous abuse allegations.
  •  The mother has made several false accusations of abuse against the father prior to this allegation that were all dispelled by video, credible witnesses, and her own testimony.
  • No material evidence that Jack was slapped was presented to Judge Isaacs when she made her ruling that established the initial DVO for one year against the father. 
  • Despite multiple investigations after the Isaacs ruling that cleared the father, Judge Messer extended the DVO for another year based on Judge Isaacs’ initial ruling the year prior before the investigations.

Accusation is highly questionable.

The ex-wife accused the father of slapping Jack, 7-years-old at the time, because his shoes were too tight. This accusation was made the VERY NEXT DAY after Jack told his dad that he and his sister have been in a secret therapy and that his dad wasn’t supposed to know.

The ex-wife picked Jack up within 2 hours of the supposed slap. Jack had no marks and did not say ANYTHING about being slapped that day.

The ex-wife testified that Jack told her the next evening in a waiting room immediately before the secret therapy session. This therapy was a weekly session in which the kids were instructed to make negative remarks and accusations against their father. The coaching was so obvious that the therapist testified on the father’s behalf. The ex-wife’s story changed multiple times as her testimony in the EPO hearing did not match the EPO Report or CPS Complaint.

The ex-wife testified that Jack simply “blurted out” that he was smacked while telling her “about his day”. Jack has never been spanked in his life and he “excitedly blurted” this out and did so “excitedly”….? Also the mother is unemployed and Jack was not at school that day, they were home together, why would she ask him about his day?

Despite the fact that the ex-wife’s story grew to her being concerned that Jack could have experienced a “concussion” due to the alleged slap, she did not seek medical treatment and the ex-wife never questioned the father about slapping Jack. In fact, she has NEVER stated any concerns to the father in regards to how he treated the children. EVER.

Red flags that should not be ignored.

Noticeable factors that should have triggered both judges to immediately question these false allegations:

Red Flag Accordions

Despite testifying that she would only text with the father, the ex-wife could not present a single text message since the first child was born that indicated any questions or concerns regarding the treatment of the children by the father. This was all a lie.



The ex-wife, along with the children who were being coached, presented dozens of false abusive or neglectful behaviors by the father. If any of these were true a mother would surely had expressed concern for her two small children. She never did. The father has every text message between he and the mother throughout the therapy sessions.

The ex-wife expressed concern to the therapist that the children were neglected by their father.

4/8/21. Jack told his therapist that his dad hardly spends time with him, would a mother not want to address this? She never did.



5/13/21. The mother and grandmother expressed great concern to the therapist regarding Adi being neglected by her dad.



That same day, 5-year-old Adi, without being asked by the therapist, told the therapist that
    daddy ignores her
.



Also that same day, 7-year-old Jack, without being asked by the therapist, was also concerned his little sister is
    being ignored
. This is the exact opposite of his claim on 4/8 in which he stated “he is jealous when his father treats his sister differently, that his father hardly spends time with him.”/br>


Why would the the ex-wife NOT mention this neglect to the father? Notice how both children use the same term, “he just ignores her”, one of many coaching examples. The father has photos and receipts for every visit with the children. Not one accusation in therapy matches the events of the previous visits.


The EPO report states that the mother is aware of ongoing verbal and mental abuse toward the children.

The children reported multiple instances of their father calling them terrible cuss words. This is something that a mother would definitely bring up with their dad, right? She never did.



In one of the worst acting performances ever, the ex-wife states that, “she just knows that there is something wrong” with the 5-year-old daughter. Adi was “scared”, and had supposedly been “crying all day”. Adi told the therapist it was because her dad had a called her a “bitch” 3 days prior, “but she hadn’t told her mom yet”. Having a scared and crying 5-year-old, the mother obviously questioned the father about this, right? She never mentioned this “verbal abuse” to the father. Not one adult could testify to the father ever speaking harshly towards the children.




The ex-wife told the therapist that the father practically attempted to drown his daughter the day before.

The ex-wife informed the therapist that the father held the 5-year-old underwater at the clubhouse pool. In his session with the therapist, without being asked, the 7-year-old brother followed in lockstep and expressed his concern of how his dad treated Adi in the pool. The 5-year-old supposed drowning victim forgot the narrative and bragged about jumping off the diving board.



This allegation would seem pretty serious, why did the mother tell the therapist but never share her concerns with the father? Why did she let the children go out of state to 2 water parks just three weeks later with their father? Because this is all a lie. The children went to the pool with the father’s girlfriend and her friends, the father wasn’t even present.


Without being asked, but inspired by their mother, the children would tell the therapist bad things about their dad, every single session. Despite the mother being fully aware of these supposed abusive acts she never raised any concerns to the father. Why didn’t she?

The children’s therapy was secret for a reason, this was all a ploy by the ex-wife.
The ex-wife never expressed her concerns of abuse to the children’s father. Despite the fact that she detailed the abuse to the therapist, CPS, the police, her testimony revealed why she never addressed any concerns to the father. There were none, because there was no abuse.

April 1, 2021. The ex-wife told the therapist that the father had been abusive to the children in the past.

August 5th & 6th, 2021. The ex-wife reported on the EPO that the father’s abuse was “ongoing”. She went into detail with CPS describing previous abuse to the children.

August 26, 2021. Two weeks later and under oath, she denied any previous abuse by the father. Without his mother present Jack told the Judge his dad had never hit him.

September 3rd, 2021. 7 days later, the ex-wife reverted back to the false allegations 8 days later. On a phone call with Detective Northcutt, of which she did not know was being recorded, she made statements of past abuse to the children forced Jack to create false incidents of past abuse by his dad.



How can Judge Messer ignore this inconsistency?
With his mother present Jack told his therapist, CPS, and Detective Northcutt that his father slapped him in the face.

Without his mother present the child could not remember how he was hit or where on his body that he had been hit.

Judges Isaac and Messer ignored this statement from Jack.

Jack was asked to tell Judge Isaac exactly what happened. He told the exact same set of events as his father and girlfriend testified to under oath.

He did not mention ever being hit, and when the judge reminded him that he had said he was hit, he couldn’t get his story straight and began stuttering uncontrollably.

Watching Jack struggle reveals the true child abuse his mother and her attorney have committed in forcing the him to lie about his own father. These judges have extended their abuse for almost 2 years.

The ex-wife testified multiple times that that the father knew of the children’s therapy prior to her allegation that he had struck the son. She also testified that the father’s insurance was used to pay for the therapy. The therapist testified that both of these claims were false and that the ex-wife was emphatic that the father could not know about the therapy.

These blatantly false statements were dismissed by Judge Messer.
The mother has continuously and falsely accused the father of being abusive. Until the most recent allegation, he had video and other irrefutable evidence to disprove her lies.

The ex-wife would keep the children from the father for weeks, and even months at a time. She would not return calls or texts and disappear on his visitation days. These are texts from one such period: Texts leading to false events2Hover over document and click on up/down arrows to view each page.

The following are examples of the false allegations the ex-wife had previously made against the father and the evidence that proved his innocence. Judge Messer was not apprehensive of the ex-wife’s history of false accusations.

The ex-wife fabricated the entire incident at Jeff Rubys. The father had not seen the children in almost 3 months and ran into her at the restaurant.

She was with a date and the father went to their table after a waitress, that knew them both, told him she was there. He approached the table, apologized for the intrusion and shook her date’s hand, he asked if he could speak with the mother for a quick minute. The conversation was very brief, the mother was cordial and appeared a bit embarrassed regarding the mention of her keeping the children from their father.

She stated that the children did miss him and promised to let them visit him. The father thanked her and left them alone.

She and her date left prior to the father who did not see them leave. The father was NOT waiting for them outside, in fact she attempted to have the valet give her his vehicle. The valet refused and mentioned this in a sworn statement.

That night the father texted the ex-wife thanking her for talking to him. The next day they texted each other and set up a visitation day. One hour later he received the false allegations sent by her attorney to his. Several witnesses viewed the encounter and provided sworn statements, also of note, video from the restaurant security system was subpoenaed.

The following is the accusation by her attorney, sworn statements by witnesses, and the subpoena for video.
Jeff Ruby_s Accusation1
Hover over document and click on up/down arrows to view each page.
April 14th, 2019, prior to the Jeff Ruby’s incident, the mother had ignored all texts and calls from the father for multiple weeks. She would disappear on his scheduled visitation days.

The father went to her home on April 19, 2021, his scheduled visitation day, and she was home, but would not allow him to see the children. She decided to use an altercation that the father had with the girlfriend as her excuse to keep the children from him, even though they were not involved.

The two talked for awhile but she refused to allow him to take, or even see the children. As he left he heard the children inside and loudly said, “Daddy loves you guys!”. She replied, “Brian!!” and slammed the door.”

She accused the father of her pushing her down to the ground and forcing his way inside the home.

Without the video the father would likely had been falsely arrested again. The father was finally able to have the mother served and the court forced the mother to allow visitation to resume.

Less than 6 months after the divorce was final the mother wanted more money from the father. She blatantly lied about his desire to see the children and alleged that he had missed several visits. The visitation with the father was limited for a 2 week period due a major surgery the father had when he tore his bicep muscle. The children were small and he could not pick them up and carry them without assistance.

The father submitted the text messages between he and the mother regarding pick up and drop offs proved her accusation as false. In fact, these texts revealed that she cancelled his visitation multiple times in the short time frame.

False accusation by the ex-wife:


Response from the father:
Response 3-28-19 (4)

Full motion by the mother:
PRE_DV.Motion 3-18-19 (4)

To view the dozens of texts from the father requesting to see the children click here:

Texts from the father.
2019, revised motion, despite denying any abuse during the divorce mediation and an initial motion, the ex-wife stated that the father had always been abusive to her and she simply feared him so much that she was too scared to ever bring it up. These accusations were alleged in a revised motion after a complaint from an ex-girlfriend of the father. The mother has utilized the girlfriend’s complaint as the basis of her entire case.



According to this accusation the ex-wife should be able to list multiple instances of abuse and intimidation. But she can’t, this was a lie.

April 2019, in the video recorded discussion between the father and the ex-wife regarding the false allegation of forced entry, he made the comment, “I have never touched you or the children”, she agreed.

August 2021, while testifying at the DVO Hearing, the ex-wife was asked to detail all the abuse she suffered from the father. She stated that there was one incident in the 8 years they were together in which the father physically tried to take her phone from her, but there were no injuries.

One in instance in 8 years, and even that was untrue. There was a scuffle for the phone, but the father had her phone and that is when he realized she had been cheating for quite some time. She tried to take the phone from him and lunged over the father’s shoulder who was sitting on the edge of the bed. After they both fell to the floor the father said,”you are going to cheat on me and then attack me?”

She lied about this encounter to 3 people, when the father confronted her in regards to her lie that he was the one that initiated the contact, she said that she was simply protecting herself in case it came up in a divorce hearing.



These are the texts at the time discussing her reasoning for lying in order protect herself regarding the phone incident.

Disconcerting rulings and comments

Messer Bias accordions

Judge Messer disregarded the District Attorney’s investigation because, in her words, "the bar to prove guilt is set too high'. She dismissed the findings by CPS because she, "just doesn't believe what comes out of that office".

Judge Messer continuously relied on the ruling of the DVO hearing which was conducted immediately after the allegation and prior to any investigation. No evidence other than the mother's accusation and Jack's inability to remember being hit was submitted.

Judge Messer extended the DVO against the father for an additional year based upon the determination of the DVO hearing which presented zero evidence of abuse and was conducted prior to any investigations.

This case was a surprise attack by the ex-wife. At the DVO hearing, the father did not have any of the evidence that he later acquired. The DVO hearing took place immediately after the false accusation of Jack being struck. No evidence was presented that could remotely establish the father as being abusive. In fact, the mother's story changed twice regarding Jack "informing her of the slap", she contradicted her claims of previous abuse, Jack could not remember where or how he was hit, and he told the Judge that his dad had never hit him before.

Judge Messer continuously repeated the same argument that the DVO ruling is all that matters. She refuses to address the 2 investigations that were conducted AFTER the DVO hearing that cleared the father. She also stated over and over that a “preponderance of evidence” was submitted.

What evidence? Judge Isaacs was not provided a preponderance of evidence, there was no evidence. An adult witness to the event that denied any abuse occurred was ignored despite the fact that her testimony and Jack's explanation of events matched perfectly. The only "evidence" submitted was the ever changing allegation by the ex-wife, who was not present at the time of the supposed event. Jack's conversation with the Judge revealed obvious signs of coached deception that any novice could acknowledge.
Judge Messer ignored the professionals:
The FOC observed alienation tactics by the mother, the children's therapist testified against the ex-wife, and the CPS investigator commented on the coaching of the children.

Judge Messer ignored blatant red flags in the children's therapy that revealed obvious coaching:

* Despite being seen separately and never being asked about their father, the children immediately expressed negative aspects about heir father in EVERY session. Every session despite only visiting their father 2 nights a week. They did not offer information about their mother, their friends, school or other activities without being asked.
* Despite being seen separately, the children were quoted multiple times stating the EXACT same phrases on the same day such as:
"is sad and his family is changing, he feels ok" & "states her family is changing, but it's ok"
Jack; "ignores her" & Adi; "he just ignores me"
* The children were 5 and 7-years-old at the time, yet they used adult words and phrases, such as Adi saying,"dad is inappropriate".
* The ex-wife and children's comments did not match the reality of the previous visit with their father.

Judge Messer ignored Jack's statements to Judge Isaac:
* With his mother NOT present, Jack could not tell Judge Isaacs how or where he was hit. * With his mother NOT present, Jack stated he had never been abused by his father. * With his mother NOT present, Jack told the truth regarding the incident, he stated the exact same details as his father and the only other witness, Alexis Bender. Jack did not mention being slapped, because he wasn't, when pressed by Judge Isaac, Jack began stuttering uncontrollably. * With his mother NOT present, Jack told Judge Isaacs that he was not supposed to tell his dad about his therapy.

Judge Messer ignored the obvious coaching on the recorded calls with Detective Northcutt:
* The ex-wife's coaching throughout the recorded calls was so pronounced that Jack apologized when he made a statement that didn't fit her narrative.

Possibly the most obvious sign of bias by Judge Messer in this case is her ruling in favor of the ex-wife's claim that the father owed her money due to missed payments in 2018.

The father submitted every bank statement since their divorce was final that revealed every payment that he had transferred to the ex-wife.

The ex-wife claimed that she was unsure of the payments that were presented to the court as they were made to her mother's account. This was the account the ex-wife submitted during the divorce to receive funds from the father as she does not have a bank account.

The ex-wife did not suggest that the payments were provided for any other reason than what was ordered. The ex-wife did not claim or provide any proof that the payments were for reimbursement to her based upon something she had paid for the children. She was simply "unaware" of them.

Judge Messer was perplexed by all the bank statements, despite a cover page displaying each payment along with a list of dates and corresponding amounts. Judge Messer stated that she does not believe that all the father's payments were intended to cover the normal pay plan and any previous arrearage.

With no evidence to the contrary and the father providing every single bank transfer record, how can Judge Messer rule that the father's intentions were anything but to follow the court ordered schedule? She ordered the father to pay the ex-wife thousands of dollars that he had proven he had already paid, and she did so based solely on the ex-wife's accusation that he owed her.
Judge Messer dismissed Jack’s inconsistent statements to Judge Isaacs. These statements included:
Jack not remembering how or where he was hit.
He described the events truthfully without mentioning ever being hit in accordance with his father's and the adult witness's testimony.
Jack stated he had never been hit previously.
Jack stated that his therapy was a secret to be kept from their father.

Judge Messer disregarded the father's argument regarding Jack's statements, claiming that if he had issues with Jack's statements at the DVO hearing that the father, “should had been asked at the hearing”.

Judge Messer knows that the father was forced to leave the courtroom while Jack spoke with Judge Isaac.
The father could not view the video of Jack's comments until a month after the hearing.

Judge Messer basically stated that Jack was hit by his father and appears to be an isolated incident. She has zero evidence, other than what the ex-wife says and what Jack was obviously coached to say.

If Judge Messer believes this was an isolated incident how does she ignore the other past abuse claims and contradictions by the mother?
Judge Messer ignored two different investigations that cleared the father. She ignored the contradictions, the lies under oath and the obvious coaching. Does Judge Messer truly believe that the mother is being honest about this accusation after being proved to be lying on every other aspect of this case?

But even if the father had slapped the boy, and it was a "one-time occurrence", is that grounds for a judge to order children to be taken away from their father for two years? The fact that the father is innocent only makes this cruel separation order worse.
Judge Messer was unable to truly identify any factual evidence that Jack was hit. She stated that even if Jack wasn't hit, she needed to step in and fix whatever issues are currently happening. The fact that she refused to consider the possibility of the children being coached, and this being a textbook alienation strategy, despite all the evidence, may reveal potential bias.
Judge Messer chastised the father for stating the children's therapy was “secret” and proclaiming that the children's statements were coached and false, despite the fact that the therapy notes reveal obvious signs of coaching. The coaching was so obvious that the children's therapist testified for the father.

The children were obviously coached in therapy and on the recorded calls with Detective Northcutt, and the FOC stated that alienation tactics by the mother were obvious.

Judge Messer continuously ignored evidence and witness testimony.
Judge Messer ignored the obvious coaching taking place on the phone call with the detective. The ex-wife corrected Jack multiple times regarding supposed abuse and the time frames. Jack is obviously attempting to please his mother. In one instance he even says, “sorry mom” when he doesn't follow her lead exactly how she wants.

Judge Messer ignored these facts:

Despite being seen individually and without being asked, the narrative of every session was the same by each child, something bad about their dad.

Seven out of 19 sessions they used the exact same words.

The mother ended therapy the same week that supervised visitation with the father began.

Judge Messer gave no credence to the fact that the therapist testified on behalf of the father due to the lies and obvious coaching by the ex-wife.

Introduction and Concerns (1)
Judge Messer ignored the ex-wife's drug usage. She ignored videos of drugs in the children's room and the children holding the actual bags of weed. She ignored photos on Instagram of the ex-wife displaying her openly doing drugs, she ignored the ex-wife on video clearly stating the kind of drugs that she does take, and she ignored audio of the ex-wife's talking about doing drugs.

The father's initial request to have him and the ex-wife be tested by hair sample was denied. The ex-wife was given 2 weeks notice and passed a drug test by detoxing. Judge Messer despite being a former prosecutor has no idea that a person can detox and pass a urinalysis test if given a week’s notice.

Judge Messer continuously chastised the father for not taking ownership and responsibility for this situation. She blamed the entire issue on the father.

The father has never been accused of physically, mentally, or verbally abusing the children in any way. The ex-wife forced the children to lie for her own benefit.
Judge Messer stated that the ex-wife was concerned about violence and the father's mental health in a 2019 motion. Judge Messer declined to acknowledge that this was a revised motion, in which the initial motion did not mention any violence other than the father stating angry remarks to the ex-wife regarding her drug usage around the children.

The ex-wife denied any abuse at the mediation hearing in late 2018 and did not mention violence in her initial motion in 2019. A week after filing her initial motion, the ex-girlfriend filed her complaint. The ex-wife immediately revised her motion to match the girlfriend's complaint. In the revised complaint the ex-wife accused the father as, “always been violent to her”.

The ex-wife refutes herself once again; in her testimony in 2021 she stated that in EIGHT YEARS there was only ONE incident of physical activity; in which she claimed the father attempted to take her phone away from her in a physical manner.

That does not reflect what she said in her 2019 motion, and the crazy thing is, ex-wife also lied about the phone situation. The father has the texts to prove that lie. The ex-wife lied about that incident as soon as it happened in 2018. On text, the father and her discuss her lie. The ex-wife admits that she lied in order to protect herself in case the father brought the incident up in court, because when it happend the father stated, "are you really going to cheat on me and attack me?".

Judge Messer and Judge Isaac hold extreme bias against the father due to the girlfriend's complaint of which they have zero context. The ex-wife's attorney counted on the judges to have this bias of a totally separate event against the father and as unscrupulous judges they did just that.




Judge Messer threatened to remove the father's custody multiple times if he "does not change". She also stated that she doesn't expect the father to change. The father should not change because he has never abused the children. Judge Messer ignored the ex-wife's lies, witness testimony, and the obvious evidence of the children being coached.

Judge Messer ordered the father to undergo multiple psychiatric evaluations based solely on the recommendation of the narcissistic ex-wife. Yet she is the one that has lied to the court multiple times. She is the one that has made false accusations over and over. She is the one that has coached the children to say terrible things about their father that are untrue. If anyone needs a psych evaluation it is the narcissistic ex-wife who used the children for her own selfish plan.

Despite all of the evidence indicating the mothers lies and cheating, Judge Messer refused to even consider that the father may be innocent.