Committing crime in court

November 5, 2009
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If you’re going to court for a child custody hearing and you want to present yourself in the best light to the judge, don’t beat up your kid’s mom in the courtroom.



Owen Circuit Judge Frank Nardi overheard a commotion in his courtroom from his office last week and found a man beating up a woman. Mark Winders kicked and stomped on the woman before the judge intervened. They were left alone in the courtroom while Winders’ attorney went to his car to get a file before the hearing. That’s when Winders stood up and started kicking the woman in the torso and face.



After the attack, Winders told Judge Nardi that she deserved the beating.



How stupid can you be to attack the mother of your child in the courthouse before you’re supposed to appear for a child custody hearing? If the guy was there to fight for custody of his kid, it’s safe to say he lost.



Now he’s facing misdemeanor domestic battery and drug possession charges. There’s a chance the battery charge could increase to a felony, depending on how serious the woman’s injuries are.



How stupid can you be to attack the mother of your child in the courthouse before you’re supposed to appear for a child custody hearing? If the guy was there to fight for custody of his kid or paint himself as the more-fit parent, let’s hope it’s safe to say he lost.



Judge Nardi won’t be hearing the criminal case because of his involvement in breaking up the attack. Special Judge, G. Thomas Gray of Morgan Superior Court has been appointed. Circuit Court officials said they couldn’t tell me about the child custody case because it was a juvenile case; a search on Odyssey doesn’t turn up the case. I’d assume that Judge Nardi would recuse himself from that case and a special judge would be appointed.

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  1. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  2. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  3. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  4. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

  5. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

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