Judge Larry B. Leake to "recuse" himself for being biased against Mitchell County Parents.

Judge Larry B. Leake to "recuse" himself for being biased against Mitchell County Parents.

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Michael Masten started this petition to Administrative offices of the united states courts

To whom it may concern, we need real help from an experienced Lawyer who isnt afraid to challenge a judge and his biased judgement in court. Please read and share this to everyone even if you cannot help it might reach someone who can..... Please share..share..please sign.

Judge Larry B. Leake is abusing his judicial powers in Mitchell County, violating constitutional rights, NC. Ignoring evidence from counsel and defendants. Is also ignoring requests from DSS in mitchell county to return children to home and defendants, is ignoring DSS counsel request to return children home that defendants have more than complied with all requirements and exceeded the goals set forth by the case plans. Judge Larry B Leake shows signs of confusion and is disoriented, calling the defendants by the wrong name several times even though he was corrected and has a file with the names on it in front of him. Several times he called the defendant by the street name of which the defendant lives. Judge Larry B. Leake shows huge signs of mental illness and paranoia stating that defendants who have no criminal, mental, or drug abuse background whatsoever "must be hiding something."
Judge Larry B. Leake during court cases tends to lose his train of thought and is very sluggish at times with a look of confusion. He stated that defendants were good parents and father is well educated and he didnt see the reason why children were removed then looked around and continued the case for another 3 months and again another 5 months recently total will be 21 months. Since he is unable to efficiently conduct court in a timely matter he continues cases by "importance" to him by numbers 1 or 2 because he cannot complete the days cases within the day. We are "2" which means we sit in court on day 1 and if he can get us he will but since we are usually last or we have to return the following day but he tells the clerk of court to mark the 2nd day as the initial court day so if court was scheduled for the 24th but he pushed us to the 25th he would have it recorded in the documents as if it was the 24th. (Falsification of documentation) This he has done to us 3 times we have had to come one day but not be tried until the following day. He makes up his own laws and talks very slowly as he cannot think and speak clearly or quickly about the case he is on. Most of the time he says about 3 or 4 words and pauses to think 1 or 2 minutes then says a few more words and this takes up the entire court day and defendants have to return the following day for their cases to be heard. Judge Larry B Leake does not give defendants a chance to defend their position or talk at all. Told me if I said anything at all he would hold me in contempt and have me thrown in jail because I tried to speak up when he called us liars and said we fabricated legal and notorized documents. Notorized by a notary in the state of NC. He ignored this evidence.

This isn't just one case but many where Judge Larry B Leake is consistantly being biased against families or parents brought to him by DSS and that are considered lower class families. He ignores progress by defendants and demands a new task to complete leaving the return of our chdren open ended. The initial tasks to return our children were completed before the case was adjudicated which was find a suitable home, transportation and any type of employment or work. Once the case was adjudicated and we were forced to agree to the lowest "dependency" he started adding tasks and continuing the case 1 month at a time. Not ok you need to do this and you are done. For instance, even though he ordered CCA/mental assesment after the original case plan was completed. He made it sound like that the CCA was the last thing to be done and if all was fine there we could get our kids back and so we rushed out of court with DSS to the DSS building where they had someone there to do a CCA on both my wife and I and came up clean and no issues were found, but they told us the initial report wouldnt be ready for atleast a week but everything was fine and they told DSS that we had no issues so instead of going to court (right next door to the court house) the judge continued the case, again. After Christmas jan 2020, he read the report of the CCA - no problems all good but we were working at a local amazon return facility and there was a strike going on and work got really scarce and we were let go first because of the amount of points accumulated for court dates day 1 and day 2 issues each month although we have "notorized excused absences" and DSS scheduled 2 hour supervised visit 1 day a week was on wednesday so we would miss that day for work so tje judge said that we had to manage our time better and be able to balance time and scheduling. Without us able to explain that we had to be in court and we had to be at work and work was 7 am to 330 or later but not 24 hour rotating just 1 shift 7 to 330 monday thru friday. So court each month and visits on wednesday each week we lost our job and he said no job no kids even though we have completed the plan but since he continued it again he had another excuse to continue the case again. This time he continues the case from January 2nd/3rd to April 23rd which puts this case at over a year when it was completed in August. During that period Covid -19 arose and courts shut down for 30 days starting march 16 to end April 15th which court was on the 23rd but upon arrival that day we were told courts were closed until june 25th we went to court and explained while the rest of the world was unemployed we have been working for ourselves and doing rather well he said he didnt believe that and wanted to k ow why we disnt just go get another job "during covid-19" so "no burger job" and being self employed needed proof so he continued the case again all the while we havent seen our kids since Covid-19 and the judge Larry B Leake knows this and still continues to beat us down as if we were horrible abusive parents who have a really nice home and more than 5 automobiles and money in the bank. But when proof of self employment was presented to him he called the defendants liars in the court room and said the evidence was fabricated, continued again to july 23rd and more evidence was presented along with bank statements and earning with deposits up to 1700.00 dollars he kept asking why the "self-employed" parents won't go get a job "burger job" and stated there must be something wrong with these parents who won't go get a "burger job." Besides the obvious fact that we are self-employed and over 50 percent of the US is unemployed but he forgot we had jobs and kept losing them do to his continuing the court cases to the following day and not closing the case as DSS and Counsel has suggested. He keeps continuing the case and has ordered a 2nd mental assessment on the defendants after 16 months now with our children being locked up in crossnore and we have seen them as many times as most people see a doctor or dentist. So at this time this is where it's violating 8th amendment Cruel and Unusual punishment, On July 23/24 continuation he orders a 2nd mental assesment because he couldnt find any other reason to with hold our children as we sat there for 30 plus minutes as he read the entire case looking for "something." He even called all the counsel up to the bench, my wifes, mine and the dss counsel and spoke with them quietly when they returned he said he doesnt want to deal with this case again until 2021 (5 months) even though the clerk of court said "out loud" the next available date was in September, he pushed/continued the case till after Christmas into the new year, making it look like "on paper" we are not complying. Last Christmas 2019 he stated we would not have our kids on Christmas and I started crying. Judge Larry B Leake in a very direct cold tone told my counsel, "to get your client under control, he seems to be distraught." - actual words

Again this is happening to many families in Mitchell County and he is abusing his power making up his own laws...I'm reaching out to the news teams before a protest/riot breaks out in Mitchell county and I feel as with many other families that this will be happening very soon. Judge Larry B Leake adopted a child out in front of parents in court, as if he was parading around the court room and playing with the emotions of parents who are still fighting to get their children back, he then got his picture taken for the local paper and the family that adopted the child was unaware that the child was taken from a good home but was considered lower middle class family and adopted out to a wealthier family who has adopted 12 kids from mitchell county alone and Larry B. leake gets recognition in the paper under the pretense that this child was taken from a titled "ABUSIVE" but in reality "lower middle class" family and given to "upper middle class" rich families. If you take on this story the title should state Judge Larry B Leake is alter-ego Robin Hood - stealing children from the poor and adopting to the rich...
I thought human trafficking was illegal? I guess they mean well to do upper middle class human trafficking is illegal because if you are lower middle class in Mitchell County all you have to do is register your kids for school and DSS will show up and remove your children and the Judge will see that they get every penny from the funds provided by tax payers and the government for abused and neglected children and make sure they get the adoption bonuses as well. Because on paper we look like monsters but in reality we the ones who suffer from "government criminal abuse" and they get away with it. This has to be stopped and people need to be made aware of these actions. A reporter needs to approach the Judge and ask him why these cases are dragged out so long (21 months and longer is unacceptable) when the parents "Have" complied and satisfied the case plan with DSS and Why is it he is the only one standing in the way and not returning the children. Is this Judge Larry B. Leake
getting paid to adopt out "lower class families" children? Why is he requesting so many psychological tests for parents who have never had a criminal charge and never been to jail. Why is he ordering a 2nd Psychological/Cognative assesment on parents who have no mental illnesses or background of mental illnesses? Why is almost 2 years acceptable time frame to keep children, who now are seriously scarred from this whole traumatic experience, away from their non-leathal non-abusive and honestly non-neglectful parents? The whole plan was to return the children to the parents and under dependency that re-unification is the only course of action and we were done in August when they adjudicated the case the SW only had to see the house. Why is he holding our children..Why Larry B Leake?

50 plus families right now in mitchell county are without their children. It rains tears in Mitchell County and it's always raining in Mitchell County. Our children were taken in Mitchell County on April 11th 2019 without an investigation or attempt to keep the family together. There was no abuse or neglect but we were forced to plead guilty after 5 months of not having our kids (Duress) and Larry Leake would not try the case until we agreed to plea guilty to Neglect which we would not so he would continue the case each month until we finally agreed after 5 months of going to court and not adjudicating the case. Here it is month 16 and he continued it again for 5 more months.....my children were 8 and 9 when they were taken they are now 10 and 11...we have missed every holiday and birthday since april 11 2019 and he put a plan B on our case to adopt out our children and we have complied with DSS and DSS has been requesting the judge to release our children back to us since January 2020 but Judge Leake will not return our children for any reason at all. It is now more than ever apparent that he is either biased against us or has some sort of mental illness and he himself needs an evaluation. Please consider investigating this case and reporting on these cases. Also he has ordered child support on us now so we have to pay them to keep our children. Court for child support is in CATAWBA County .... August 6th 2020, feel free to attend and record the proceedings.

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