What can an individual do when the State’s oppression of them reaches Kafkaesque levels of absurdity? What can be expected of an ordinary person in so-called “polite society” when the arbitrary and punitive demands of an oppressive government are never-ending and far exceed what is humanly possible? What if that individual has never committed force or fraud on anyone and the fight began in the Family Court system over parental rights disputes? It sounds too crazy to be true - pure fiction, right? Well, hold on, this story gets even weirder. Sit back and I’ll tell you a little story about my friend Jim Kaiser.
Jim Kaiser’s Mugshots from 9/16/2010
Unfortunately, Jim’s Kafkaesque nightmare is true – every bit of it.
I am in a unique position to testify because Jim Kaiser currently lives with my wife Beth and me. And, while everything I will state is absolutely true, this is not intended to be objective journalism in any way, shape, or form. Fuck that. Beth and I “love us some Jim Kaiser” and we know that sentiment is most definitely mutual. That is why I am literally white-hot with rage over this situation. It breaks my heart to bear witness to, as well as share in the misery of the cruel, unusual, and unnecessary struggle Jim endures every single day. It takes every bit of his considerable personal fortitude not just to keep his sanity but to come up with $1200.00 of extortion money to give to the court each and every month. And if he doesn’t pay up, he goes to jail – bottom line, no quarter given.
The reason Jim endures all these trials and tribulations is for one reason and one reason alone; he loves his son Ben more than anything else in the world.
And even though Jim has been paying every penny, the Family Courts won’t allow him to see Ben (he hasn’t seen him since the day he was arrested) because when Jim had visitation, he chose to home-school Ben and refused to administer Adderall (3 types of amphetamines) to his healthy 9-year old son. When the court was going to take all custodial rights away from Jim because of this, he felt he had no choice left but to flee with his son in May 2009 and he was subsequently caught in Florida 3 ½ months later.
They flew Ben back and, with a $55,000 bond posted, they allowed Jim to drive himself back to Arizona. Upon his return, Jim was placed under house arrest and forced to wear an ankle bracelet until he completed the legal process. During the case, the judge denied Jim’s motion and regarding the Constitutionality of the charges, so he was ultimately forced to plead guilty to a Class 6 Open felony with 3 years of probation (“open” designation states that when the terms of probation have been completed, the charge will then be reduced to a misdemeanor).
At sentencing, Jim petitioned the court to allow him to complete his probation in Kauai, and it was granted at that time. Jim felt that he had little chance of seeing Ben any time soon, he needed to put it all behind him for a while, and he had always dreamed of living on the island of Kauai. Jim secured a handyman job in Lihue before he left, gave away all of his worldly possessions, and flew to Kauai on the agreement that he return to Phoenix in a month’s time to meet with his PO, Daniel Gonzalez to file the necessary transfer paperwork.
Whenever I spoke with him during the month he spent in Kauai, Jim seemed happier and more at peace than at any other time since I’ve known him. He told me about how he would walk the half-mile down to the beach every morning to watch the sun come up and drink a cup of locally grown, freshly-roasted, freshly-ground coffee. He said that he was Boogie Boarding every day and he had been to a hidden waterfall that had a rope swing. On another day he mentioned that he had driven to Hanalei, the town mentioned in Peter, Paul, and Mary’s Puff the Magic Dragon.
By the time he returned to Phoenix, Jim had earned enough to make his payment to the court and he had secured yet another job with a cabinet maker in Lihue who was anxiously awaiting his return. You see, Jim is an honest and talented carpenter, and people with his skills and attributes typically have no problem finding work.
What Jim had no way of knowing was that there was a handful of Schadenfreuders lying in wait for him upon his return to Phoenix. At the top of the list was his ever-looming “see-you-next-Tuesday” of an ex-girlfriend, Shelly Griffin. From what I’ve seen from her, she is the quintessential “bunny boiling” psycho-b***h – The truth is, Jim and Shelly were together for less than a year (they broke up before Ben was even born) and she has been gleefully trying to destroy Jim’s life ever since – for 11 years now.
Even though she has fought (and succeeded) in keeping Jim away from Ben, Shelly still isn’t satisfied and it’s obvious that she won’t be until Jim is utterly destroyed. She appears (as the supposed “victim”) at nearly every court appearance Jim has, and when given the opportunity to speak she petitions the court, without fail, to put Jim in jail.
The day after Jim returned to Phoenix, he had to appear in “Accountability Court” which deals with child support. Ultimately, Accountability Court means “unless you take money from your account and put it into ours, you go to jail.” Sure enough, Shelly was there to do whatever she could to shit on Jim’s parade. She petitioned the court to forbid Jim from returning to Kauai on the grounds that it would become more difficult for them to collect child support from him, and it proved successful. The family court petitioned the criminal court and that was that.
So, after all he had already been through, Jim was not allowed to return to the place he had dreamt of living in since he was a boy, a place where he had two jobs a half a mile from the beach, and he was forced to rely on the kindness of his friends for sustenance.
Adding insult to injury his PO Daniel Gonzalez has treated Jim like he is a total dick. As stated earlier, Jim is a handyman and gets his jobs mostly through Craigslist and similar websites. I am amazed at how quickly Jim can not only earn a reputation for himself but endear himself to those he works for.
In true dick fashion, Mr. Gonzalez has demanded that Jim document that he is applying for 5 jobs a day, despite the fact that Jim has been working full-time for a man in Chandler for well over a month. He demanded that Jim get a “real job” even though there are no jobs to be had. And, if he could find a job it most likely wouldn’t be enough to make the $1200.00 payments let alone feed, clothe, and house himself. This is what I mean my Kafkaesque – Jim has been set up to fail, and there is no way out - which brings us to the events of 8 am of last Thursday, September 16th 2010.
That was when six Phoenix police officers and two armed Maricopa County probation agents (including Mr. Gonzalez’ boss) descended upon and surrounded my house with weapons drawn. My wife works until Midnight, so she was still sleeping. A cop pounded on my bedroom window and tricked my wife into opening the door by insinuating that there was something wrong (ie: the house was on fire) and when she opened the door, one cop pulled her outside and the rest entered my home. I was in the restroom and didn’t hear anything other than the dogs barking so when I opened the door and took two steps out of the bathroom I looked up to see a cop pointing a Taser directly at my face - from two feet away. Jim was outside smoking a cigarette in the back yard and looked up to see two cops with guns trained on him from the alley behind the house. Before taking Jim to jail, the bastards made my wife and I wait in the front yard while they searched my house.
So what pray tell was this violation that would compel the government to act in such a forceful fashion? Mr. Gonzalez called in an assault team because Jim had failed to turn in the piece of paper documenting his job search. Furthermore, Jim’s next appointment with Daniel wasn’t until Tuesday, September 21st.
I’ll let you be the judge.
Ben’s interview with Florida police after Jim’s arrest – Do you think this young man needs drugs?
MyNameIsBen.org - Jim’s website