CAN PAUL BOYNE GET A FAIR TRIAL?

I'm a little out of practice on writing blogs so if I'm not so great writing this one, please forgive me.  However, I happened to see the Edmund H. Mahony article in The Hartford Courant , "Alleged cyberstalker case to go to trial", indicating that Paul Boyne's case is going to trial soon.  I felt I had to step up to the plate and speak out given that one of our own, Paul Boyne, is under attack.  Now, of course, I can hear you all saying--one of our own, what do you mean?  We aren't racist, anti-semitic, and homophobic.  And to be clear, I condemn hate speech of any kind, as I'm sure everyone in the family court reform movement does.

What I mean to say is that Paul is a person whose life was destroyed, as our lives were, by the family court system.  This made him lose his sense of proportion so that he spoke in ways that I'll bet the pre-family court Paul probably would never have considered.  If there is one thing I know about the suffering and pain family court causes people, it is that it can literally drive people out of their minds.  Still, despite the hate speech, despite the suffering and pain, Paul is the most giving person I know.  Over the years, in his work as a family court advocate, Paul has helped a great many people with their cases, selflessly and without pay.  This is why I'm here speaking out on his behalf.  Because any one of us can relate to Paul's situation--being a good, decent, human being and parent, and then damaged to the core by the harsh and cruel treatment meted out by the family court system.

I also believe that Paul Boyne speaks in these shocking ways not because he believes it, but because he thinks it is the only way to break through public complacency in the face of egregious family court corruption.  It is his way of shaking people and saying "Wake up!  Look at this terrible injustice that is going on!" It is very frustrating for all of us who are working for family court reform to deal with the fact that there is such an extensive coverup of the problems.  For example, when it came to the Jennifer Dulos case, the media spoke often about the fact that it involved a contentious and bitter custody dispute.  But they never explained how or why it became that way.  Without such explanations, the public will never know what was really going on.  So why don't we get them?  

My first reaction when I heard that Paul was going to trial is--how can he possibly get a fair trial? He is going to be on trial for attacking the very system that will stand in judgment on him.  His attorneys are officers of the very court system that he has been villifying.  Isn't there a major conflict of interest going on here?  I certainly think so.  There has been unfairness in Paul's case from the start.  This is a free speech case.  It is a case about the exchange of ideas, and how those ideas can be expressed.  For goodness sake!  What is he doing in jail for a whole year? Paul has no money.  Where is he going to go?  How would he flee? You may think his words are hateful and disgusting, but since when do we put people in jail for expressing their thoughts?  Here in America, how is that right under any circumstances?  Well, he insulted judges.  So what? Is there a section in the constitution stating that we cannot insult judges?  We can insult every one else, but not judges?  

The state argues that, apparently, in his blog posts Paul "identified them (judges), their homes, and even the cars they drive" and "suggested that violence is a remedy available to disgruntled family court litigants."  Yet they acknowledge that in all the time that Paul Boyne has been writing these blogs there have been no incidents of violence as a consequence.  It would be a good exercise to investigate whether other blogs around the country which also demonize certain people or groups have ever resulted in outbreaks of violence.  Just because people speak about violence in ways that prosecutors admit are vague and nonspecific, this doesn't automatically mean that the outcome will be violence against a person or persons.  The other question I ask is whether this particular kind of speech has been ruled illegal by any CT State Statute.  If prosecutors or judges or anyone else considers Paul's blog postings dangerous, it is their option to work on passing legislation to make it illegal so that Paul could have a specific law to rely on when he makes decisions on how to write his articles.  Without such legislation, we are at risk of silencing free speech simply because whether someone's written work is or is not bullying or hate speech depends upon the decision of a jury.  Meanwhile, you have to sit in jail waiting for your case to be adjudicated.  

I also want to make an objection to the term "cyberbullying" in regard to Paul.  Cyberbullying is when a person goes after his target on social media and via email and texting.  Paul is a blogger with a website posting his political and social viewpoint.  If you don't like it, don't go there.  With cyberbullying you are being attacked and a person is going after you.  If you go to read Paul's work, that is your choice.  When state prosecutors and journalists contextualize this case in a manner that is not in accordance with the facts and make deceptive choices in language that do not apply, this greatly misleads the public.  This is wrong.  

Another reason I'm sympathetic to Paul is that, as a blogger here in Connecticut, I have also had attorneys threaten to take me to court.  I was once threatened with jail if I didn't not reveal my sources in an article I'd written about a case.  One attorney went to the West Hartford police department and filed a formal complaint that I was blogging about family court cases. I have been illegally ordered out of the courtroom and threatened with security for no other reason than that I was sitting quietly in support of one of the parties. At another time, I cut and pasted an attorney's bio onto my blog which happened to include the fact that this attorney lived in West Hartford. It was information that came from the law firm's own website.  Nonetheless, they contacted me and told me they were considering suing me for "incitement to violence" for posting the information.  I immediately took it down because I do respect people's privacy.  However, from the beginning of my work as a blogger I have been well aware of the fact that I was taking on this task at my own risk.  It has not been easy and I've experienced a great deal of trauma and anxiety as a result. 

I may have more to say about this topic.  I have many difficult things going on in my personal life and so I may not have the time.  But one thing I will say is that we in the family court movement have repeatedly asked for an investigation of the family court system in regard to its failure to obey the law.  Unfortunately, there appear to be no vehicles for self scrutiny in place for the family court system.  This is pretty ridiculous given that I get asked for my opinion of the services I receive all the time--please hold for our quick survey--you know what I mean.  But family court seems to feel that they are above accountability.  That's pretty sad.  Apparently, in going after Paul Boyne state prosecutors have been investigating him scrupulously for five years. Imagine how many resources were tied up in that investigation.  I can't help wondering if, instead of going after Paul Boyne, legal professionals had invested that same energy and intelligence into investigating family court, Jennifer Dulos would be alive today.