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Justice for Holly

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My daughter was 15 years old, in junior high, and struggling with her grades.  She was offered a school program at Hendersonville High School that would help her get her grades up so she could graduate at an earlier age.  She was supposed to have been protected in this program at this high school; instead she met a 23-year-old man that posed as a 17-year-old student.  This man began dating my daughter while acting as this teenager.  It wasn't long after they began dating that I got a frantic phone call from the Hendersonville Department of Health.  They explained to me that they had contacted the Hendersonville Police Department while having my 15-year-old daughter in their office telling me that not only was she pregnant but upon some research they found out the dad was not a minor, he was in fact a grown man.

We were offered by Detective Vaughn, due to this situation, to prosecute this man for statutory rape.  However, due to my husband's deployment to Iraq we were deployed to another state.  Upon leaving the detective assured me we had plenty of time before the statute of limitations for rape ran out.  During the duration of my daughter's pregnancy this man denied being the father of my grandchild and became verbally abusive toward my daughter.  It was also later discovered that my daughter was not the first minor child he had had sex with, he had just not been prosecuted for it.  We also found him to be on crack cocaine, living in a motel, and also with a drinking problem.  He was breaking into his own parents' home to obtain money for his habits.  During the duration of my ex-husband's deployment, we found it was a pretty good while before he would be back stateside so six weeks later we came back to Tennessee from Ft. Bragg, North Carolina.

Thus began the nightmare.  I went to the DA's office in Nashville, Tennessee of Davidson County and there I was told by a female ADA who was very rude and laughing about the situation that the statute of limitations had run out on the rape of my daughter; it had only been six weeks but there was nothing I could do.  I tried many times to contact our government officials for help with this situation and I was denied access every time; at this point my granddaughter had been born.  My granddaughter's father, because my daughter had to apply for assistance through the state, was then found out to truly be the biological dad and was made to pay child support.  Due to the fact he was still drinking and on drugs we were very leery about him visiting with my grandchild.  The very first night he got visitation with her he received a DUI with my grandchild in the car with him.  Because of the abusiveness and use of alcohol and drugs at this time we obtained a restraining order for him to not be able to see the child without it being supervised.

Little did we know, while we were dealing with this, he was also being looked at in another county for having sex with other minor girls.  It wasn't but a year later that my granddaughter's father obtained a lawyer, Mr. Martin Kooperman, and although the baby's father lived in Springfield and then Gallatin while my daughter resided in Hendersonville, he and his lawyer filed into Davidson County's Juvenile Court which was highly unlawful because neither parent resided in Davidson County and it was, to say the least, prejudicial.  The first court date before Magistrate Rosenburg we did not realize how much trouble we had until we got into the courtroom.  The magistrate threw me out of the courtroom for correcting the lawyer because he stood before the judge and told a lie while leaving my then 17-year-old daughter without parent or lawyer in the courtroom.  Not only did they take custody of my granddaughter and give it to this sex offender, they used my daughter's education and age to say that she was not a good mother even though my daughter and granddaughter were both well provided for by her dad and myself.  It took us about a year to a year-and-a-half of fighting this magistrate who had no business hearing the case as it was out of his jurisdiction to learn a bit more about the law and get an attorney for my daughter.

On obtaining my daughter's lawyer my granddaughter's dad and attorney, Martin Kooperman, made statements to the affect that Magistrate Rosenburg was their best family friend for Mr. Kooperman and Mr. Dukes (my granddaughter's dad); they had him in their back pocket and they had had many ex-parte orders out on the golf course and at dinners with this magistrate so due to this friendship with both parties, we would have hell to pay of ever getting it back into the right county and we would never win a court case when it came to my grandchild.  My daughter's lawyer made many attempts on the unlawful decisions that were made with my granddaughter's life to go to a higher judge to overturn the unlawful decisions and have a change of venue.  Without any legal cause, every petition he made was turned down by this magistrate judge that was over him giving validity to the threats that were made by Mr. Kooperman and Mr. Dukes.

I have since found out that Mr. Kooperman has been reprimanded many times for lying while under oath; this is not the first time there has been illegal activity on his part as an officer of the court and an attorney.  We have been fighting this thing now for more than 10 years and we are thousands upon thousands of dollars in debt because of this situation.  This is a gross miscarriage of injustice; given the fact that this court case 1) should have been heard in Sumner County, not Davidson County since none of them had lived in Davidson County in years; 2) the magistrate is on a personal friendship level with this lawyer and the father of my grandchild so he should have known to recuse himself due to the conflict of interest; 3) to have a higher judge above him to cover his back when he has committed such heinous and illegal crimes; to say the least he has taken every constitutional right my daughter and I have had and violated them.  To add insult to injury, my daughter had a nervous breakdown and ended up using drugs to try and medicate the pain from the loss of her child and the sexual assault that took place because there was no justice for my daughter or my granddaughter.

In the duration of these court cases, Mr. Kooperman and Mr. Dukes made plain to the courts that Mr. Dukes had been in no trouble and was a good father.  We have since found out that the reason for Mr. Dukes and his lawyer not wanting to go to Sumner County was that Mr. Dukes was arrested on many occasions for DUI, Public Intoxication, Contributing to the Delinquency of a Minor, and Assault - Threat of Bodily Injury.  He was also still under suspicion for having sex with underage girls while they were still minors.  We have just now uncovered his record and are putting the pieces together.  His lawyer has gone to great lengths to lie and unlawfully obtain custody of my grandchild.  To add insult to injury, every time my granddaughter's father gets upset he does not allow us to see her for months or even years at a time; it has now been three and a half months since I have seen my granddaughter.  There have been several occasions when we did get to see my granddaughter that she had bruises on her bottom from her dad spanking her too hard; she has been in fear of her dad getting mad for telling us the truth about what is happening in her home.  We have also found out that Mr. Dukes is still drinking heavily and doing so in the presence of my granddaughter.

I am asking for justice for my daughter and my granddaughter.  This magistrate used yet a second time my daughter's drug use to deny her access to her daughter although she openly admitted that she had a problem and has tried to get help.  Yet Mr. Dukes continues to drink and drive, putting my granddaughter in harm's way while he has a lawyer and magistrate willing to go the extra mile to cover up his wrongdoing.  My biggest fear is of Mr. Dukes having a wreck while under the influence with my granddaughter in the car with him or of him harming my granddaughter sexually as he did my daughter.  I am asking for this situation to be investigated and Mr. Dukes' lawyer, Martin Kooperman, to be reprimanded for his great injustice and illegal activities committed during the duration of the last ten years.  I am also asking that the magistrate be removed off of this case and it be returned to Sumner County where it belongs as well as our constitutional rights as mother and grandmother restored and Holly restored to us.

Please don't allow these illegal acts to go unpunished!  I am asking the legislators, the governor, the senator, and the mayor to please help us.  This is wrong!  My granddaughter's life depends on you.  In the duration of all of this there were many times I tried to meet Mr. Dukes halfway; I even, for a while, dropped the notion of prosecution for the rape of my daughter due to the fact that he was my granddaughter's dad.  I have tried in many ways to reach out to make this thing right; the justice system has failed me, my daughter, and my grandchild.  I want the state of Tennessee to know that if this results in any harm to my granddaughter, I will hold the state of Tennessee responsible for allowing such injustice to take place.  This is unfair and illegal.  If I or my daughter were to break the law we would go to jail; why is it any different for a lying lawyer, or a magistrate who knows he is in the wrong, or a man who maliciously destroyed my daughter's life by sexually assaulting her, lying about his age and sexual problems, but also by trying to take my granddaughter away from her mother causing her mother to have a nervous breakdown and my family to grieve?

Please help us take a stand against these unlawful acts that were committed to restore and renew our faith in the justice system.  In addition, I tried to go to court the other day because I finally won grandparents' rights to see my granddaughter yet Mr. Dukes has vacated the order for me to have visits with her due to him being angry for something that he himself did.  I noticed when we came into the court room he had no lawyer but tried to bring my granddaughter in there to testify under duress.  My granddaughter is not even 12 years old yet; this is just another act of him trying to coerce my granddaughter into lying for him to keep up his false image.  I truly need help with this.  Please help us stand for justice.  Thank you.



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