Thursday, June 04, 2009

Judge Rowe Hearing

I was in court in Florida yesterday and the result of the hearing was my subpoenas were quashed - the Court of Appeal holds jurisdiction and therefore the Lower Court cannot allow them to continue.

Not good but not bad - simply allow the appeal to go forward.

I did submit a letter to Judge Rowe outlining why I believe visitation should now cease with some supporting documentation reproduced here.


His Honor Judge R Rowe

Volusia County Courthouse

101 N. Alabama Avenue

DeLand  FL 32724


June 2nd, 2009





Dear Judge Rowe,

Hindle-v-Fuith (n.k.a. Swindell) – Case Ref: 2003-12692-FMDL

I love Emily dearly, more than life itself.  

It is with a great deal of regret and soul-searching that I have come to the following decision.

After having one visitation since final judgment of October 6, 2008, when we should have enjoyed 6, it has become crystal clear the severe damage Emily has suffered as a consequence of her mother’s continuing, unchecked and criminal efforts to deny visitation and more insidiously, to poison our little girl’s mind and emotional bonding with her Daddy.

I also hold a justifiable basis to be in fear both for my physical safety and my liberty.  

The mother continues to incite third parties and law enforcement to me harm both physically and to charge me with stalking, harassment and other charges.  This fear is based on a previous one month’s incarceration at the hands of US Immigration who acted on the mother’s claims I was a threat to her and our child and so prompted a chain of events resulting in Judge Doyle stating at trial, “Mr Hindle, the Federal government is screwing you!”.  

That the Immigration authorities acted as they did based upon the mother’s false claims, which she continues to repeat post-trial and post-judgment is undeniable.

By seeking contact and visitation, it is clear her mother has and continues to inflict the most horrific psychological trauma upon little Emily in order to poison our relationship and stop visitation and contact taking place.  The mother also continues in her efforts to have me arrested and charged with her false claims of stalking and harassment as well as inciting third parties to do me harm and in addition, continues in her claims I will abuse Emily.

When the domestic violence and child protection processes are misused, they become not a shield for protection, but a powerful and devastating weapon of attack.

For six years Emily has been in the middle of an extremely high conflict dispute with an international dimension and after visitation with Emily for Spring Break, the first in 3 years allowed, during which I and my fiancĂ© were physically threatened and abused by the mother and her husband, in front of the child and other matters I have reached a sad conclusion.  It cannot be in the interests of any child to be so treated and my only alternative is to withdraw from seeking contact in order to remove the mother’s perceived need to cause distress and conflict to thwart the relationship between Emily and her Daddy.

Visitation cannot take place with the constant and justifiable fear I have for further arrest and incarceration at the hands of the mother and her legal team’s continued claims I am harassing and/or abusing our little girl.  I will not seek visitation unless I and Emily can do so safely and without the fear of physical and/or  verbal assault or from the continuing efforts of the mother to abuse the system.  Under the circumstances, and given the mother has had the threat of jail hanging over her head for years but has continued to thwart the orders of the Honorable Court, I no longer have any faith in the Honorable Court’s ability to enforce any substantive visitation in the interests of Emily.

I have asked for hearing time on the substantial change in circumstances represented by the mother’s unabated criminal conduct in this case which includes over 300 instances of law enforcement involvement, 5 major police investigations, 2 sexual abuse investigations and continuing efforts of the mother to deny visitation on the grounds of abuse, harassment, stalking and a multitude of other claims all of which have been demonstrably false and found so by the Honorable Court on numerous occasions. 

Judge Doyle made it clear at trial that if the mother continued making her allegations they represented a substantial change in circumstances.  For the purpose of trial the mother recanted them all only to leave the court and repeat her vile behavior in claiming abuse, to be in fear and filing several police complaints as I tried to firstly, arrange visitation and secondly, to exercise it.

Panama City P.D. have advised me that the mother’s conduct is at the threshold required for criminal interference in visitation charges to be laid but they feel their hands are tied as the Honorable Court has the matter for consideration and therefore, they cannot proceed.  A similar view has been expressed to me by the Florida State Attorney’s offices.

This criminal conduct continues unabated to this day after the mother being found guilty of criminal contempt, after trial and after the issuance of final judgment.

In addition, there exists a justifiable basis to be in fear for my safety and liberty posed by the mother’s continued conduct notwithstanding the window-dressing efforts of her attorney to give the impression of compliance with the final judgment. 

I have read the sexual abuse investigation notes provided by Daytona Police Department and I vomited after reading some of the investigation notes which culminated in a finding of false allegations by the mother and coaching of Emily in the making of the most evil alienating statements:

“My daddy hurt me here” and put her hand over vaginal opening

When I attempted to obtain anal swab – child was hysterical.

Page 2, Children’s Advocacy Center, Sexual Assault Program report(copy attached)

Emily also said he touched her top but “she just has little ones.””

Sheila Fuith (the mother), Daytona Beach Police Report January 30th, 2006 (copy attached)


I cannot allow little Emily to be subjected to this filth nor risk this in future – why the Honorable Court has not jailed the mother is answered simply by the fact, borne by the court file and record, that the Honorable Court has not heard any of this BUT not for lack of trying

I have been appalled at the bare-faced dishonesty and perjury of the mother and her attorney, Ms Kim Banister, who denied several times in open court and at trial that the mother had not made these allegations (and yet Ms Banister was in possession of the handwritten complaint of the mother in this instance).

Your Honor should note this complaint was made two weeks after the finding of criminal contempt of the mother and also upon the very same day of the mandatory Parenting Class.  It was also made after the child had been located after being abducted out of State by the mother and classified as “Missing & Endangered” by F.D.L.E. (missing child poster attached). 

At the Parenting Class, both speakers, Regina Proskine and Dave Thomas, very strongly advised that making false sexual abuse allegations was a terrible alienating tactic and that coaching a child in the making of sexual abuse allegations was in itself a form of sexual abuse of a child.  That same day, the mother falsely claimed I had anally, vaginally and auto-erotically sexually battered Emily and coached her in the making of statements and actions including the male masturbation motion being taught to our little girl.

Sexual battery upon a child requires a mandatory life sentence in the State of Florida and an arrest on that charge will result in substantial time in jail awaiting trial.  I have previously enjoyed a month in immigration detention in 2004 as a direct consequence of the mother’s representations to the US Government’s Barbara Greig at the Office of Children’s Issues, Department of State; this included claims I was a threat to her and Emily before and after Judge Doyle dismissed her domestic violence injunction application (US Immigration papers attached).  I have no desire to repeat that experience whether it is for child abuse allegations, the continuing claims of stalking and harassment laid at me by the mother or for any other reason.

I have no answer for Emily when I was asked, “Why did you hurt me?” and “Why are you a bad man?”  I do not believe Your Honor has any answer to such questions either; who could possibly answer these questions from such an innocent mind which has been warped and twisted to satisfy the unlawful and unchecked vile nature of her mother?

I have been equally appalled at the ignorant dismissal of an international treaty ceding jurisdiction to the State of Florida after false claims the mother was a legal resident in the State of Florida.  The mother claimed in London and was supported by the aforementioned Barbara Greig, to have been a resident for six months in Florida and as a consequence, Florida held jurisdiction over Emily.  Upon subsequent filing in Florida in this action, the counter-petition and other evidence demonstrated the mother had lied to the court in London and was not a resident of Florida for the six months prior to filing (refer to #43 of record on appeal held in trial court file) – a jurisdictional defect repeatedly brought to the attention of Judge Doyle who has chosen to ignore it in an egregious error of judgment demonstrating collusion in this international fraud (copy final judgment attached). 

Nevertheless, the Hague Convention order (copy attached) required the child to receive medical treatment for her treatable blindness in her right eye only for no treatment to be forthcoming nor any enforcement by Judge Doyle:

“In this County, we’re provincials.  We don’t do the Hague Convention.”

Judge Doyle, Trial May 23rd,2008

“A patch! A patch? That does not sound important to me!”

Judge Doyle, Hearing May 10th,2006

The Hague Convention is an international treaty adopted by the United States and ranks second in authority only to the Constitution of the United States of America.

Emily is now permanently blinded in her right eye for the sake of a 50 cent eye patch for a few hours a day until she reached the age of 3 and for which NINE eye doctors, British and American have recommended therapy (medical report of Dr Cordero (US) and Dr Bell (UK) attached).

To let a child become permanently blinded is a stain on the reputation and character of the State of Florida and of the United States of America.

In addition, my feelings of disgust cannot be sufficiently expressed in connection with what has been described as a “cavalier attitude towards the safety and well-being of the child” (Paul King, Central Authority London, U.K.).  Depositions of witnesses testifying to the mother’s efforts to unlawfully adopt Emily out which placed her into the care and contact of a convicted pedophile, Leslie Merriam (Sex Offender Register entry attached) have been simply ignored by His Honor Judge Doyle and not entered into the court record along with several other items.

To date, no punishment has been passed upon the mother.

I will seek a change in residency and the current appeal in the Fifth District will run its course but I can no longer justify my part in placing Emily in the middle of this bitter and evil climate of fear and perversion any longer.  I accept the court and the laws have been thwarted by her mother but I do not accept this state of affairs should be allowed to continue one day longer.  In the absence of any effective relief from the Honorable Court for more than 6 long years, I am compelled to place Emily’s interests first – no child should be allowed to suffer under such circumstances.

It is in Emily’s interests to have her real father in her life but this is neither possible nor desirable given the appalling cost for little Emily – the continuing climate and environment filled with fear and created by her mother to destroy the relationship little Emily have.  Furthermore, I cannot do Emily any good, nor my family and other children if I am incarcerated once more and the risk of this at the hands of abuse allegations is very real – even an arrest for child abuse of the form the mother claims would entail substantial jail time awaiting trial even if finally acquitted, and life imprisonment if found guilty.

Your Honor has a woman who has been warned repeatedly of the threat of jail if she does not comply; she continues to ignore this threat and as there is no order Your Honor can issue which the mother will comply with short of jailing her, without a change in residency this little girl will lose her father.  I do not relinquish my position that a change in residency is in the very best interests of Emily and will continue with the legal process and the Appeal to this effect.

This in no way implies I will not financially provide to the best of my ability for Emily.

It is time for this little girl to be a child free of this conflict and I can only hope that with my withdrawal from seeking contact, Emily’s mother will cease the manipulation and distress inflicted upon her and at some future date, Emily and I will be allowed a loving relationship free of unchecked perversion and criminal interference.




Karl E. Hindle



Governor Crist – FL.

Congressman Mica – FL.

Congressman Smith – NJ.

Sir John Stanley M.P. – London, U.K.

Secretary of State Clinton – Washington D.C.

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