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Courts Have Continued Abuse Of Manhattan Woman
By Jon A. Brake
Manhattan Free Press
MANHATTAN, KS - To some this could be considered beautiful.
Solid mahogany is beautiful when given a high finish and it does have a high
finish. It is about four to four and a half feet long, a foot and a half high;
with shinny brass handles at the foot and head. A child's coffin, in this home
has been turned into a coffee table.
To Claudine Dombrowski it is not beautiful, that is her
daughter, six-year-old Rikki on the couch behind the threatening coffee table.
If a coffin coffee table is not enough, a hunting rifle hangs on the wall
above the couch.
Claudine, a Manhattan resident, was divorced from Hal Richardson in Shawnee
County District Count in 1997. She had been a repeat victim of Domestic
Violence and a repeat victim of the State Court System.
What does the Court System think of the coffin coffee table? In a letter to
Shawnee County District Court Division Two Judge Richard D. Anderson, Harry
Moore, with the Court Services stated: "When I was at the house, I did
not recognize anything which in my experience resembled a child's coffin.
After looking at the picture and speaking with Mr. Richardson, I have come to
find out that it is indeed a coffin and that it was an antique which he
purchased in Mexico several years ago and uses as a coffee or end table of
sorts."
What about the rifle? Mr. Moore said, "There is also a secured hunting
weapon hanging on Mr. Richardson's wall. The thing which is striking about
this specific issue is that it contains a remarkable leap of logic. For
instance, I am the owner of a 7.9 mm Mauser rifle which was the standard issue
firearm for the German soldier in World War II. This weapon was procured by my
father who served in Europe during the war. This weapon also hangs on the wall
in my rec room. Does my ownership and display of this firearm lead one
to the conclusion that I am a Nazi?"
The question Mr. Moore failed to answer is: "Is it a leap of logic for an
abused woman to see the child's coffin and the rifle as more than furniture?
Is there a message to the mother? The Shawnee District Court has missed many
messages when it comes to the violence in this case.
When reading Court documents it is clear that attorneys have intentionally
muddied the waters. It was a nasty divorce, those things happen. Eight or more
attorneys, three different Judges and several Court Service workers have filed
motion after motion. In the end a Judge wants to compel a dysfunctional family
to be normal. It can't be done.
Halleck (Hal) Richardson and Claudine Dombrowske lived together for several
months before they were married on November 22, 1995. Divorce papers were
filed four month later. By this time records show Hal Richardson had abused
Claudine and he had Domestic Battery and Criminal Damage to property
convictions.
Hal had seven other convictions before 1995. The convictions were for Battery,
Attempted Battery, Battery of a Law Enforcement Officer, Obstruction of Legal
Process, Possession of Marijuana and an Open Container conviction.
Most of the Probation Conditions were never followed up on by court officials.
After the Domestic Battery conviction, Hal was ordered to attend an
"Alternatives to Battering Program" put on by the Battered Women
Task Force in Topeka. A few of the comments made on Hal's report were:
"Client rude and disrespectful to female co-facilitator as evidenced by
his combative stance, his repeated interruptions, his sexist language and his
refusal to accept any responsibility."
Another report stated: "Client very disruptive during group, this was
evidenced by the fact that he interrupted the facilitator repeatedly by making
rude comments, laughing and telling inappropriate sexist jokes."
And finally: "Called PO (probation officer) and client to tell them that
he had graduated as far as I was concerned. He only has 17 sessions, but is
causing too much trouble with his mouth. Terminated, with cause. Will not be
accepted back."
The divorce proceedings were extended for eighteen months. Throughout the
proceedings Claudine's attorneys filed numerous reports claiming violations of
the restraining order and requesting an order to sever contact between Hal,
Claudine and daughter Rikki.
The first involved an incident that both parties agreed in court happened,
they just could not agree what happened. Claudine said she was hit in the head
with a crow bar and Hal said it was a piece of wood. What ever he hit her with
it took 24 stitches to close the head wounds.
At a hearing on June 17, 1996 Shawnee County District Court Judge Jan W.
Leuenberger signed order giving custody of Rikki to Claudine and authorizing
her to move to the Great Bend area so that "Ms. Dombrowski could avoid
the history of physical and verbal abuse she had suffered from Mr.
Richardson."
Hal was given supervised visitation.
As in many divorce cases the Judge on November 5, 1996 appointed Mr. Scott
McKenzie, Attorney at Law, to serve as Guardian ad Litem to appear on behalf
of Rikki. Mr. McKenzie was very experienced in juvenile court proceedings with
more than 1,000 cases but this was only his sixth Guardian ad Litem. Under Mr.
McKenzie direction visitation terms were worked out to where Claudine would
keep Rikki for three weeks and then Hal would have her for a week.
Before the Divorce Trial started a new Judge took over. Judge James P. Buchele
replaced Judge Leuenberger.
It is about this time the Court and Court appointed case workers attitued
changed. Judge Buchele saw that fifty people were being called as witnesses
for the trial. He placed a limit of five for each side. This can be done but
it can cause problems. Court documents state: "These limits made it
difficult or impossible for Ms. Dombrowski to bring in all of the witnesses to
corroborate here clams." During the trial the Judge would not allow
hearsay evidence but the proper witness was not there to testify.
At trial Mr. McKenzie indicated, "after reading the police reports of the
violence, and the doctor's reports, he was not able to validate any of the
truth of any of the accusations of violence made by Ms. Dombrowski."
When asked about Mr. Richardson's criminal history Mr. McKenzie recalled only
a single offense for driving under the influence of alcohol, and was unaware
of the misdemeanor convictions including the domestic violence battery against
Claudine. He was unaware of a misdemeanor battery for a bar fight and the
battery of a law enforcement officer.
Records of the Battered Women's Task Force had never been reviewed by Mr.
McKenzie. Even thou Claudine had received support from the facility. In a
report to the court Mr. McKenzie had recommended anger management therapy for
Claudine but not for Hal.
In Judge Buchele's Orders after the trial he made it clear that he wanted more
from this couple than what was possible. Here is what he wrote: "Mutual
parental involvement with this child has been made worse by Ms. Dombrowski's
unilateral decision to move to Larned, Kansas in May of 1996. The distance
between Topeka and Larned makes it virtually impossible for an individual
treater to work with the family; for Mr. Richardson to have regular and
frequent contact with this child; to establish any reasonable dialogue between
the parents toward resolving their conflicts. The move from Topeka to Larned,
due to the proximity of the parties, has lessened the physical violence. It
has, however, done violence to the relationship of Rikki and her father. If
long distance visitation is continued, in the Court's view, will take its toll
not only on Rikki but each of the parties. The Court specifically finds that
separation of the child from either parent for long periods of time is harmful
for a child of about three years of age."
He then went on to require Claudine to move back to the Topeka area.
And then Judge Buchele made a judgment that some Manhattan attorneys say is
not legal. Judge Buchele ordered: "Further, respondent (Claudine) is
directed to not call law enforcement authorities to investigate the petitioner
(Hal) without first consulting with the case manager."
On December 14, 2000 after returning her daughter to her fathers home Claudine
alleges that she was battered and raped by Hal. Under order not to call law
enforcement authorities and with bleeding that would not stop, she drove to
St. Marys, Kansas to get treatment. Claudine knew that if she had gone to a
Topeka Hospital they would have called the police.
In St. Marys hospital officials did contact the Pottawatomie Sheriff and a
report was made. She was advised that because the alleged event occurred in
Shawnee County she would have to file there. Claudine said that because of the
battery and rape she picked up Rikki the next day and did not return her. The
Shawnee County Sheriff's Department was called and took Rikki back to Topeka.
The court gave Hal custody and orders for her to attend Topeka schools.
As it stands now, Rikki is with her father in Topeka. Claudine gets two
one-hour visits per week. The child will go to school in Topeka unless a new
motion, which will be filed this week, is granted. The motion will request
that Claudine be given custody and Rikki be allowed to attend school in
Manhattan.
This case has received national attention by the National Organization for
Women; the Judicial Initiative Commission Hearing by the Citizens for Good
Judges and it was told to the Kansas Justice Commission in 1997.
A new Judge will be hearing the motion. Judge Richard D. Anderson took over
the case on the retirement of Judge Buchele. But, unless Claudine receiveds
help from Kansas citizens, the abuse will continue. In July of 2000 Judge
Anderson reaffirmed all of Judge Buchele's previous orders. Evan the order to
not call law enforcement authorities
Webmaster Note: You can contact Judge Richard D.
Anderson at (785) 233-8200 ext. 4350
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