I need to start filling in the blanks of the happenings between the dates in the log. At first the log wasn’t all that big of a deal, but as each day passed after Denise was back in California and out of jail, well lets just say, IT WAS IMPORTANT!!

With the advise of out neighbor Jim we made the decision to file an APPLICATION FOR ORDER AND SUPPORTING DECLARATION. Filing date  August 6, 1992. A temporary restraining order accompanied it making sure that the minor  child could not leave the state of California and petitioner (PD) shall shave temporary physical custody, care and control of minor child.  This order was mailed to City of Napa Police Department and Vernon Parrish Sheriff’s Department in Leesville, Louisiana.  In Sept. an order to show cause was prepared by our attorney James Marshall, I believe the day after Paul & Denise had their meeting at the restaurant up the street from our house she retained her lawyer. What a bitch this woman was. Quite aggressive, threatening, dishonest, what most people would consider normal for a lawyer these days. Jim was nothing like that, which was nice. He was honest and wouldn’t participate in anything underhanded. A couple different times we wanted to because it seem to be working for them, ya know? But through it all he just kept reassuring us it would pay off in the end.

Another thing that was going on at the same time as our civil filings and mediations was a criminal case against Denise for violation of P.C. Section 278.5. Parental kidnaping. It was constantly tripping up the civil proceedings.

Mediation was a joke! From the beginning Denise had them so buffaloed it was sickening. The first lady they meet with was actually crying after she heard the story of poor Denise and her poor child. That was so unprofessional I found it hard to believe. I recall her being replaced with someone a little more stable.All they do in mediation is try to get the two parents to agree on something. Anything in this case. She wouldn’t even sit in the same room as PD. Try to get everyone to believe she was afraid of him, always had been. You know, the big bad biker story. It always seemed that he was the one saying no, no to anything PD would suggest. She wanted everything her way, but she never seem to have any ideas as to what that was.

Finally sometime in the middle of it all the criminal case was dropped! At the time we were furious, she had committed the crime, on more than one occasion, Germany and then Louisiana. I know for a fact that you need both parents signatures for a passport to be issued to a minor. The same exact thing happened to an old boss of mine. Her and her X had joint custody and she and her parents and her daughter were planning a cruise to Mexico, her daughter was 16. She still had to get his permission, now I remember she contemplated just forging his signature so she wouldn’t have to deal with him, but then thought better of it when she realized it was a federal offense, and if he just happened to find out by accident that they went, he would have definitely  filed charges just to be a dick.

I tried for the longest time to get to that information. Find the  application that she filed for the passports and check the signatures. Even if it wasn’t forged she did something illegal to get that passport. Either way if I could get that info we would have another federal charge.     

Logs 1992

I am going to start with my logs now try to go in order of date as things moved along, cause my memory not reliable.

You know I have had this stuff in a plastic file box for years. Before they went to the box they were locked in a file drawer in a desk. (I’m talking about the legal files and logs.) They never strayed far, I couldn’t let them. Such a long period of time that they represent, so much a part of all our lives. I guess that is why I am writing this blog, so I can get it all out, remember so I can let go. So many lives were affected, in mostly negative and just a little positive. So much negative! OK let’s start.

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July 3, 1992(PD)

A couple hours after I tried to call Kate Jones, Denise’s mother from the DA’s office I tried again and the following is a brief account.

I asked Kate if she knew what was going on. (i.e. Denise not letting me see my daughter). She said yes she had talked to her and that she was upset that the police were involved and that she had gotten a couple of phone calls from Napa. Kate said that Victoria was going to court in Louisiana to do something legal to void the orders in California. I asked Kate if she had a new phone number to their house and she gave me some story about them not being able to afford the bill and I would just have to wait until the phone was reconnected to call her and that then I could start over again and try to work things out since Denise was afraid that wouldn’t bring my daughter back. It was going to take longer now to regain her trust. I asked Kate “don’t you think it’s ironic that all the time I’ve been suffering while they were out of the country and now I should have to regain her trust”. Kate agreed and said maybe I should write letters  to Chandra while Denise and I work things out. I told her sure if she had the new address since the one I had 320 Stanton St. was wrong. After a long pause Kate said she didn’t want to give me the address and that I would have to wait till Denise’s phone was back in service. I told Kate I didn’t want to argue with her about it. We dropped the subject and talked about my son for a few minutes and ended the conversation.

July 26, 1992 (MM)

Arrived home from Carson City, NV to find several messages on the phone recorder from Mike Shennard and Officer Terry Gonzalves regarding the situation with picking up  Charolette. (the minor child). Well we finally reached Terry at his home and he briefly explained the situation and await Mike Shennards call. Later on in the evening Mike Shennard called us & advised us of the appropriate time of arrival in Sacramento the following day. (Apparently Mike and a fellow detective had flown to Louisiana with a warrant for Densie and were bringing Charolette back to her father) OMG.

July 27, 1992 (MM)

PD & his son LD left for Sacramento in the late afternoon to avoid commuter traffic. Charolette arrived  late that night. Beta (Denise’s sister) was waiting out front of our house. She had first arrived between 7:45 & 8:00pm Knocked on the door and asked for Chandra, I said she wasn’t here. She said “they” told her she was here. I explained PD and his son were at the airport picking her up. She sat outside my house in her car.  She moved her car from where she had originally parked it up a little so she was positioned right in front of the middle of my living room window. After she had been there for maybe 40 minutes I figured I should I should have a report made of her being on the premises, in case anything happened  while the boys were gone. I called Napa PD and explained the whole situation to dispatch & asked that Officer Gonzolves be advised. Next thing I know two police cars show up and start questioning Beta in her car. I assumed since neither of the officers was officer Gonzalves I better explain the situation to one of them. I got the female officers attention & explained it to her, then they left.

 

Well now I am forced to use my memory…what little there is of it left.

When they finally arrived home around 11:30pm Beta immediately got out of her car and was there to greet Charolette. Gave her a hug & kiss and then she left. I do remember earlier in the day shortly after Beta arrived I had gone town to our neighbors house Jim & Paula. You see Jim is a lawyer and I was sort FREAKING OUT!! I gave them a short run down of the situation and he was able to calm me, I don’t remember how, but he and his wife are great people and while I didn’t know them well I trusted them.

Now I don’t recall how long it took for Denise to get to California, but when she arrived she went to jail. She was arraigned and was released on 50K bail.

Aug 26, 1992 (PD)

Denise & I had decided to meet & talk, she refused to come to the house so we decided to meet at a restaurant up the street from my house. Funny how she talked about being so worried for Charolette and yet refused to come to the house where she could see her face to face. We were supposed to be discussing custody stuff. I told Denise to call Charolette and explain everything is alright. She gave gifts. I told her after she  called Charolette I would give the gifts since I hadn’t told her we were meeting. She never did this, so the first time she did call and make contact with Charolette she immediately asked if she had received her gifts.

Sept 23,  1992 (PD)

Got home with kids and Denise and husband were in their car across the street from my house. I pulled in the driveway got out of my car. They got out of their car and came over. I asked them what do I owe for this surprise visit. Denise told me it wasn’t a surprise visit that we had agreed on the visit. Yes we agreed in conciliation court but that her & her lawyer refused to sign papers when I took my deposition. There was conversation with her husband relating to the false allegations they were saying and to the agreement we were discussion on visitation & custody. Denise told her husband to shut up & he did. I went in the house to call my lawyer for advise, he said let the visitation proceed. I went outside and told them both OK. I sent Chrolette in the house to get some cloths for school and made sure she took her homework.  I was talking with the husband when Chrolette came out, Denise took to the car while I was talking. Didn’t give me a chance to explain to her what was happening or even to give her a kiss. I walked toward the car with the husband and saw that Charolette had a very uncomfortable look on her face so I just waved goodbye and told her I would see her the next day so not to create any problems .

Oct 7, 1992 (PD)

Charolette’s grandmother picked her up for her visit with her mother. Chandra aid that her mother wasn’t around and that she would be staying with her aunt Beta.

Statement of fact. (Remember that word, FACT)

So after we obtained a lawyer and filed the order to show cause, a Statement of fact is required, a basis for the filing so to speak. Following is PD’s that was filed.

On July 24, 1985 I Paul Diaz entered into a marital settlement agreement on Pg. 2 paragraph 7 & 8 the rights of custody and visitation were spelled out. They state that both parties agree to joint legal custody of minor child, with wife having primary physical custody. Child visitation was agreed upon by parties hereto as follows; 4 weeks during summer, one week during Christmas vacation. During this time father was taking child 65% of the time. Since I was caring for my daughter as well as my son I filed an order to show cause on 11/10/86. An agreement regarding custody and visitation was drawn up in conciliation court and signed by both parties. This order granted father joint legal and physical custody of child. This order seemed to be working until Denise started talking about going to Kentucky where her father lived. She kept stating that none of my papers were legal and this was according to her new boyfriend who was a lawyer. Denise then went back to Kentucky and within six months was married to her now husband ML.  The last time I had seen my daughter was Christmas 1987. Charlie didn’t want to leave with her mother and was crying as they put her in the car. I and my son were both crying, for it seemed no matter what I did legally, nobody would help and I had exhausted any money I had.  Denise stated her new husband was in the Army and that they were considering moving to Utah instead of reenlisting. Then without any notice I learned he had reenlisted and they all moved to Germany taking my daughter without my permission.  When I had discovered they were in Germany through Denise’s sister it had already been several months whereupon as soon as I got a phone number I called to their surprise and wanted to know what the hell they were doing since they didn’t get my permission to take my daughter out of the country. Denise just laughed and stated she didn’t need my permission.

Soon after that I was notified by Lee Mohar that she was now they were in requesting child support. I thought this to be odd as well as a conflict of interest since Mr. Mohar had been Denise’s attorney in the divorce and now was representing her being a deputy DA.

On 12/8/89 the matter of support was resolved in court and when the question of custody came up and the denial of my rights and not really knowing too much about my rights except what I had read in the handbook I had gotten from the DA’s office. I told Judge Walker I did not want to pursue kidnapping charges at this time because Denise had just delivered twins a few months prior, and I  didn’t want to cause my daughter  any Trauma.

There have been several occasions when Mr. & Mrs. L were had been less than 20 miles away and never bother to contact me.

There have been several occasions when Mr. & Mrs. L were had been less than 20 miles away and never bother to contact me.

In January of 1992 I received a call from Denise; she called to inform me that they had been back in the state since 10/91. At this time we discussed my getting my daughter in July. From January to June I had been calling my daughter and she was very excited about coming to visit her brother and father. had made all the arrangements, bought the tickets and was ready and Denise was willing to resume my rights. I had a snag in my flight plans and called Denise to relay that I had to take an extra 10 days to return her home due to the fact that she did not want me flying into any other airport but Alexandria. Said it would be too much of an inconvenience to them to drive any further. I went to my sons baseball game and returned to find a message on my machine which was Denise saying that 10 days was to long and that ‘no’ I could not have her and to try and buy new tickets. I then called Napa police department whereby officer Terry Gonzalves had come by and looked over my legal papers and called Denise on the phone and explained that by seeing the papers in front of him and unless there were others that would contrast their content that I had the right to see my daughter. About an hour or so after officer Gonzalves had called her I called her back to see if everything was OK to come get my daughter. Mrs. L then cursed me for bring the law into it and said we could have reached an agreement on our own. Mrs. L at that time said she had reconsidered and it was OK to pick up my daughter as originally planned, June 15, 1992.

On June 11 at 5:30pm I received a call stating that “I better get a better lawyer to play a fucking cop”. She stated I was not going to see my daughter and they knew what I was up to and they had told my daughter all about it and how bad I was, and that she had then stated that she didn’t want to come see me. I then called Napa police department and received a return call from officer Gonzalves, I then explained the situation.

Since I had already purchased my plane tickets and a plane ticket for my daughter which was non-refundable, I flew to Alexandria, Louisiana on 6-12-92.

On 6-13-92 after arriving in Alexandria at 9:50am and getting a rental car and a room, I went to the police department for assistance, who sent me to the sheriff’s office in Leesville. They said my papers should be brought before a judge.

I stopped by 320 Stanton St. (the address given to me by Denise) to see my daughter. The man who answered the door said he had moved in a month ago and did not know Mr. or Mrs. L. I called at 3:00pm to see my daughter, Denise asked where I was, I told her where I was and she said she would call me back. She refused to tell me where they lived. She sounded as if she were trying to set me up for something. It was now 9:30pm and she never called back.

On Monday 6/15/92, I went to the airport in Alexandria, Louisiana to return to California having not seen my daughter and having no idea where she was or the condition she was in. After I boarded the plane I sat down in my window seat and I saw Denise who was standing outside by a fence.
She saw me and started jumping up and down giving me the finger. 

Upon arrival back in Napa I contacted Mike Shennard at the Napa County DA’s office with all the above information.

On July 24, 1992 Mr. Shennard flew out to Leesville, Louisiana and obtained custody of my daughter on July 27, 1992. He brought her to Sacramento, California by plane where I picked her up. I had not seen her in almost five years. God bless him!

My daughter is now with me and for all the above reasons I ask for permanent and temporary custody of her.

Dated 8/6/92                            Signed by PD  

Early 1992, nothing will ever bethe same.

It actually was initiated in April or early May of 1992 by a phone call. The phone call was to inform

PD that child was back from Germany and now residing in Louisiana. From there visitation was discussed. PD and Denise started planning a trip for child to come visit father.

In a nutshell communications were difficult, to say the least, and father was forced to file a complaint with the DA’s office for violation of the last child visitation order that was filed with the county.

Once this was done father was advised to actually go to Louisiana and attempt to see child. The trip was made in June of 1992. Once PD arrived in Louisiana he drove to the address given to him by Denise. He was surprised to discover they didn’t live there and hadn’t for quite some time. He called the phone number he had and spoke to Denise advising he was in town and wanted to see his daughter. He told her where he was staying and she said she would call back. She never did, shortly after the conversation a police car pulled in to the hotel parking lot where PD was staying. They never got out of car, just left. Well he tried calling again with no luck so he left as scheduled the next day. While waiting to leave, sitting in the plane he noticed a woman standing outside jumping up and down flipping off the plane so to speak. It was Denise who had apparently figured out when he was leaving and decided to see him off with yelling and rude gestures with her fingers. The lady sitting next to PD noticed her first and brought it to his attention. He gave her a little history on the situation and they exchanged contact information. She assured him that she would be glad to testify to what she had witnessed at the airport. Once he returned home he reported what had happened on his trip to the DA.

Nothing was heard about the situation one way  or another till PD and his new wife Maggie returned from Nevada on Sunday July 26, 1992, which happened to be the day they were married. They had a messege on their answering machine from Mike Charnard who is an officer in the dept. he was in Louisiana trying to find the child to bring her back to Napa to her Father.

Well as it turned out they did find her, as well as her 3 yr old twin brother and sister with their mother, hiding in a closet with a loaded 9 mil hand gun.  Wow! She was arrested and driven back from Louisiana to California in a paddy wagon, staying in a different jail every night. (Probably the best thing in my opinion, she deserved it I would soon find out)

Statement of fact. Remeber that word FACT.

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