John Di Biase Jr.
17 Newton Street
May 29, 2010
RE: Dismissal of my Discrimination
I received a certified letter from our state's Commission on Human Rights and Opportunities which was mailed May 24, 2010. My Reconsideration Request for my Gender and Disability complaint against the Ct. Judicial Branch of Danbury, CT. for discrimination in my child custody case for which I have trying to regain custody of my now 14 year old son. I was a stay at home Father for three years from Dec 25, 1995 until January 4, 1999 when judge Howard Moragahn gave my ex-wife Elena Fernandez Di Biase sole custody of our son. She has used my disability against me for the last 11 years to keep me from getting either more time with our son or custody. I was never determined to be an unfit parent so why did the judge rule in her favor ? It came out in the pendente lite hearings that our son in fact flourished under my care. No harm ever came to our son as claimed by my ex-wife and her legal aide attorney. I was never informed of my rights under the A.D.A. by the court nor my attorney.
In fact myself and an ADA advocate William Mulready worked with the Judicial Branch to help them come into compliance with the ADA. There wasn't proper notification at the time of my hearings and there were no ADA coordinators at the court house to assist me. There was only one ADA coordinator in the state for the Judicial Branch and she was located in Hartford,CT. at the Human Resources department for employees not for the general public. One notice the Judicial Branch had was in the court in Litchfield,CT. didn't even have the correct address on it. We got them to correct that when we noticed the neglect. William Mulready's case was in Litchfield Court. His family was also a special needs family and he wasn't aware of his Rights either at the time of his case and trial.
This neglect by the state of Connecticut has a disparate impact on thousands of disabled persons going though the civil and criminal court system for many years in the past.
Our states practice of giving custody to women more than 90 % of the time is an act of prima facie act of discrimination and has a disparate impact on men and parents with disabilities.
Our states office of O.P.A. also refused me legal representation in my case as I am unable to adequately represent myself because of my hidden disabilities. I have been abused and discriminated by a number of judges over the last 11 years. Twice the courts have taken away my right to file motions without the permission of the court. The court is more concerned about winning legal battles against me than seeing that my son's best interests are protected which means that he is given equal access to both his parents. I was our sons primary caregiver for the three most important, informative years of his life, from birth until he was three years of age. He has suffered much psychological harm because of the deprivation of his father and because of the alienating behavior of his mother.
I also filed a complaint with the D.O.J. to no avail. My CT. C.H.R.O. number is 0920396 It was dismissed because they say I was two days late filing my Reconsideration Request. I though that we had filed it on time. Again, the state cares more about winning legal battles against me than seeing I receive justice. Also I filed a discrimination complaint against the Meriden Police department and CT.'s D.C.F for illegal home invasion and our Attorney General got the case dismissed, again another case of injustice.
John Di Biase