Public Accusation Part VI(3): Violations by Judge Monks and Her Gang of Judicial Rogues
at Middlesex County Probate and Family Court
at Middlesex County Probate and Family Court
Two questions for the readers throughout this accusation:
- How easy to mobilize two courts to trash the established rule of law to target an innocent person for destruction, involving several court staff members?
- Who has that power or capability of controlling two MA courts to act against an innocent person in an operation that the involved clearly know it is a crime?
At least four people, Judge Maureen H. Monks, Victor J. Tagliaferro, an unidentified person (s), and Lisa, are involved in various violations against VICTIM.
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VICTIM grew up in Zhejiang Province, China and received his college education in Shanghai. Although his last three years in China (1988—1991) were filled with uncertainty, anxiety and fear about his future, he was lucky living in a region better-developed and quite civilized in China. In his childhood and youth years, he heard many stories of blatant abuses by Chinese communist rogues in rural areas, especially in the Cultural Revolution, but he had never experienced any such thing himself. During his legal proceedings at Middlesex County Probate and Family Court, however, he was treated by Judge Maureen H. Monks and her gang of judicial rogues, in a figurative expression, just like this village woman was beaten by Chinese urban para-cops in the video, again and again.
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6.3.1. No respect for truth and impartiality. Overall Judge Maureen H. Monks was a very manipulative and deceitful mind who had no respect for truth and impartiality. For example, on 08/17/2016, reminded by VICTIM three times that EXWIFE and her attorney had committed perjury under oath, as clearly illustrated by their filings on Financial Statement Form, and thus had no credibility in the court, Judge Maureen H. Monks still awarded temporary order against VICTIM based on fraudulent allegations and prohibited VICTIM from speaking to law enforcement about the case, even though she was informed by VICTIM under oath that the case likely involved Chinese espionage operation and college admission misconduct.
On the contrary, Judge Cesar Archilla at Malden District Court immediately saw the problem when VICTIM on 01/11/2017 showed him EXWIFE's Financial Statement that was filled and submitted by Russell L. Chin. He ruled to have a full hearing in the coming extension hearing that he would preside over, in spite of the false claim that a full hearing had been done; he instructed VICTIM to bring everything he could that would show the credibility of the other party. The restraining order against VICTIM at Malden District Court expired after Russell L. Chin and EXWIFE failed to show up in the extension hearing on 03/01/2017.
6.3.2. Harassing and humiliating VICTIM by Judge Maureen H. Monks’ assistant Lisa. On 10/05/2016, Judge Maureen H. Monks blocked VICTIM’s effort to subpoena documents to defend his name and rights against false accusations and frauds. She ruled to appoint a Discovery Master to oversee the discovery and, as a penalty against VICTIM, she ordered VICTIM to pay the initial retainer to Discovery Master.
At the end of the 10/05/2016 hearing, Judge Maureen H. Monks wanted to return the counterclaim exhibits to VICTIM. She asked one of her assistants Lisa, who was sitting in the front row of the well and facing both parties, to pass along the exhibits to VICTIM. When VICTIM bent over to take the exhibits, Lisa made a stunning move to deliberately humiliate him: out of the blue, she hit the bench with her fingertip and ordered VICTIM to round the other party to her right side to pick up the exhibits. Clearly Lisa had sensed Judge’s hostility against VICTIM and acted to entertain her boss, a typical workplace nasty show. But she was so mean and so rude that even Judge Maureen H. Monks could not help but, out of instinct, stop her from further verbal abuse. When VICTIM was rounding the other party to her right, Lisa’s eyes glistened with burning excitement and joy and her face radiated a wisp of cold sinister smile, like a predator was calculating and playing its prey before delivering a lethal bite. When VICTIM looked further up , Judge Monks turned her head away and looked up into the window, trying to contain her amusement and pretending nothing had ever happened.
6.3.3. Concealing and tampering with evidence by an unidentified court staffer(s) to assist Maureen H. Monks’ criminal conspiracy with Russell L. Chin on 12/08/2016 and to block VICTIM from complaining or appealing. On 10/25/2016, VICTIM requested for a copy of each of the 08/17/2016 and 10/05/2016 court hearing tapes, to prepare for his future hearings and complaint. For the 10/05/2016 copy, he specifically instructed to “make sure the 10/05 sessions contains the dialogue with the clerk Lisa regarding the return of the original counterclaim at the end.” A week later VICTIM was told that the court “can not find” the tape for the 08/17/2016 hearing. Examination of the copy for the 10/05/2016 hearing revealed that it was precisely edited, curtailing the last fragment specifically sought after by VICTIM, which would record the egregious abuse by the clerk Lisa.
On 01/24/2018, more than eight months after his divorce case was closed, VICTIM made another request for a copy of the 08/17/2016 court hearing; indeed the original tape was still there and he eventually obtained his copy. The copy however is very uncharacteristic of all the other copies that VICTIM have received from either Middlesex County Probate and Family Court or Malden District Court: it has constant strong background noises that suggest powerful electromagnetic interference, interposed by sudden, erratic and extremely high–pitch noises that drowned speaker’s words. Notably such noises obliterated some critical statements of the hearing. Although the copy is characterized by high noise background, the names of both parties were clearly audible at the beginning of the hearing.
E6.3.3. The returned request form for copies of two court hearing tapes. The 08/17/2016 tape was marked as "can not find" (in yellow). The specific instruction for the end fragment of the 10/05/2016 hearing tape is highlighted in red.
On the contrary, Judge Cesar Archilla at Malden District Court immediately saw the problem when VICTIM on 01/11/2017 showed him EXWIFE's Financial Statement that was filled and submitted by Russell L. Chin. He ruled to have a full hearing in the coming extension hearing that he would preside over, in spite of the false claim that a full hearing had been done; he instructed VICTIM to bring everything he could that would show the credibility of the other party. The restraining order against VICTIM at Malden District Court expired after Russell L. Chin and EXWIFE failed to show up in the extension hearing on 03/01/2017.
6.3.2. Harassing and humiliating VICTIM by Judge Maureen H. Monks’ assistant Lisa. On 10/05/2016, Judge Maureen H. Monks blocked VICTIM’s effort to subpoena documents to defend his name and rights against false accusations and frauds. She ruled to appoint a Discovery Master to oversee the discovery and, as a penalty against VICTIM, she ordered VICTIM to pay the initial retainer to Discovery Master.
At the end of the 10/05/2016 hearing, Judge Maureen H. Monks wanted to return the counterclaim exhibits to VICTIM. She asked one of her assistants Lisa, who was sitting in the front row of the well and facing both parties, to pass along the exhibits to VICTIM. When VICTIM bent over to take the exhibits, Lisa made a stunning move to deliberately humiliate him: out of the blue, she hit the bench with her fingertip and ordered VICTIM to round the other party to her right side to pick up the exhibits. Clearly Lisa had sensed Judge’s hostility against VICTIM and acted to entertain her boss, a typical workplace nasty show. But she was so mean and so rude that even Judge Maureen H. Monks could not help but, out of instinct, stop her from further verbal abuse. When VICTIM was rounding the other party to her right, Lisa’s eyes glistened with burning excitement and joy and her face radiated a wisp of cold sinister smile, like a predator was calculating and playing its prey before delivering a lethal bite. When VICTIM looked further up , Judge Monks turned her head away and looked up into the window, trying to contain her amusement and pretending nothing had ever happened.
6.3.3. Concealing and tampering with evidence by an unidentified court staffer(s) to assist Maureen H. Monks’ criminal conspiracy with Russell L. Chin on 12/08/2016 and to block VICTIM from complaining or appealing. On 10/25/2016, VICTIM requested for a copy of each of the 08/17/2016 and 10/05/2016 court hearing tapes, to prepare for his future hearings and complaint. For the 10/05/2016 copy, he specifically instructed to “make sure the 10/05 sessions contains the dialogue with the clerk Lisa regarding the return of the original counterclaim at the end.” A week later VICTIM was told that the court “can not find” the tape for the 08/17/2016 hearing. Examination of the copy for the 10/05/2016 hearing revealed that it was precisely edited, curtailing the last fragment specifically sought after by VICTIM, which would record the egregious abuse by the clerk Lisa.
On 01/24/2018, more than eight months after his divorce case was closed, VICTIM made another request for a copy of the 08/17/2016 court hearing; indeed the original tape was still there and he eventually obtained his copy. The copy however is very uncharacteristic of all the other copies that VICTIM have received from either Middlesex County Probate and Family Court or Malden District Court: it has constant strong background noises that suggest powerful electromagnetic interference, interposed by sudden, erratic and extremely high–pitch noises that drowned speaker’s words. Notably such noises obliterated some critical statements of the hearing. Although the copy is characterized by high noise background, the names of both parties were clearly audible at the beginning of the hearing.
E6.3.3. The returned request form for copies of two court hearing tapes. The 08/17/2016 tape was marked as "can not find" (in yellow). The specific instruction for the end fragment of the 10/05/2016 hearing tape is highlighted in red.
6.3.4. Threatening VICTIM and obstructing justice by Discovery Master Victor J. Tagliaferro. On 11/22/2016, VICTIM arrived at Discovery Master Victor J. Tagliaferro’s law firm first for the scheduled Discovery conference. When VICTIM entered the suite, Victor J. Tagliaferro came out from a room and greeted him courteously, mistaking him as Russell L. Chin. After VICTIM corrected him, he told VICTIM, “I’ve read your counterclaim. About that Chinese espionage part, you will never be able to get too far on that.” He then went back to his room.
After Russell L. Chin arrived, the three convened in a neat yet crowded conference room. Unlike Russell L. Chin and VICTIM, Victor J. Tagliaferro didn’t wear a suit. He wore a white shirt— short-sleeved if VICTIM’s recollection is correct— and tie, and strong cologne as well. When he sit into his chair and settled his arms on the conference table, he flexed his bulging, sturdy and muscular shoulders and arms. He started by asking VICTIM if the latter had any problem with English. VICTIM told him that he had no problem with daily English but he was not familiar with legal terminology. Victor J. Tagliaferro then threatened VICTIM, slowly and word by word, that he would apply sanction against him “with the power vested in me by Judge Monks” if VICTIM did not obey him. He repeated the word “sanction” to make sure VICTIM had gotten it.
Once into the meeting, Victor J. Tagliaferro became an automatic defender for Russell L. Chin, disqualifying VICTIM’s requests while accepting Chin’s claim that would fall into the same category of “unjustified” thinking, in his terms. In doing so, Victor J. Tagliaferro even cited a Latin term Quantun Meruit to deny one of VICTIM’s requests. When VICTIM asked him to explain or write the word down for VICTIM to study later, Victor J. Tagliaferro refused.
With its door closed, the small conference room was like an interrogation room in a mafia movie. The overall atmosphere of the meeting was so slanted and menacing that VICTIM had to call off the meeting and insisted on meeting another time to discuss the final list of discovery requests, after he consulted with or identified an attorney to represent him. The parties agreed to meet again on January 10, 2017.
At the conclusion of the meeting, VICTIM delivered to Russell L. Chin a letter that requested him to bring the original evidence for the scheduled extension hearing on HER DAUGHTER’s restraining order on 12/08/2017, when Judge Maureen H. Monks had promised to revisit the allegation. He asked Victor J. Tagliaferro to witness the delivery but the latter refused. After VICTIM crossed out the witness part and recorded the time of delivery, Victor J. Tagliaferro made a copy of the letter for VICTIM.
At the conclusion of the meeting, Russell L. Chin asked VICTIM to remove EXWIFE from his health insurance plan, claiming that VICTIM’s health insurance plan was not good for EXWIFE. Upon VICTIM’s insistence, Russell L. Chin hand-wrote the request on a yellow legal pad and gave it to VICTIM.
On 01/09/2017, perfectly timed at 5:29 pm, Victor J. Tagliaferros sent both parties an email, canceling the discovery meeting scheduled for the next morning at 10:30 am, based on one of VICTIM’s three reasons for his discovery requests. Another reason was the MA mandatory disclosure rule, though VICTIM had not spelled out the “Rule 410” specifically in his DEFENDANT’S MEMORANDUM FOR THE 11/22/2016 MEETING. The third reason was “To respond to plaintiff’s attorney’s questions posed in his Request For Production of Documents.”
6.3.5. Conspiring and defrauding with Russell L. Chin by Judge Maureen H. Monks on 12/08/2016. Earlier on 08/17/2016, Judge Maureen H. Monks granted a restraining order to HER DAUGHTER based on “her translation” of an email that VICTIM sent on 06/04/2016. She acknowledged the dispute over the translation and ordered a Mandarin interpreter to “revisit” the email at the extension hearing on 12/08/2016. At the extension hearing, Russell L. Chin ignored VICTIM’s request to bring a copy of the original email for examination, which was hand-delivered to him in the meeting with Victor J. Tagliaferros on 11/22/2016. Faced with her own written note on the restraining order sheet that clearly established the fact that the accusation was not independently translated or verified, and on the verge of almost giving up her effort to resist, Judge Monks immediately picked up a fraudulent statement by Russell L. Chin, which she knew was fraudulent, and ruled to maintain the restraining order, producing a textbook illustration of a tacit conspiracy, in a courtroom and in public, to defraud. The language of the conspiracy was stereotypical of corrupt public officials, so familiar to Chinese of adequate real-world experience.
6.3.6. Retaliating VICTIM for his asking Judge Maureen H. Monks to recuse herself by Victor J. Tagliaferros. On 02/23/2017 VICTIM presented his motion to ask Judge Maureen H. Monks to recuse herself. Judge Maureen H. Monks refused to do so and released her decision on 02/27/2017. A day later, Victor J. Tagliaferros produced a Discovery Master Report to retaliate VICTIM. Not only did he deny VICTIM’s discovery request, but he also defamed VICTIM by implicating him in inappropriate use of business budget for private purpose. He selectively assembled both parties’ statements and prejudiced readers with the false impression that EXWIFE wanted the divorce first and started the separation (and thus more likely wronged in the marriage). By selectively omitting the fact that VICTIM wanted to divorce first and started the separation, he covered up the cause of the divorce, which was supposedly a critical component in any divorce contestation but the very fact that Russell L Chin had been desperately trying to conceal.
E6.3.6. Discovery Master Report produced the day after Judge Maureen H. Monks released her refusal to recuse herself.
- Content highlighted in yellow: Regarding his visit to EXWIFE’s family in May 2013, VICTIM had emphatically stated that he went to China on his business trip “but allocated some time” visiting her mother and sister. Victor J. Tagliaferros deleted the words “but allocated some time” and kept the phrase “on a business trip,” implying that VICTIM used a business trip to visit plaintiff’s family.
- Content highlighted in red: Victor J. Tagliaferros selectively assembled the statements and words from the two parties, misimpressing the readers that EXWIFE initiated the divorce.
6.3.7. Covering up Victor J. Tagliaferros’ rigging of discovery by Judge Maureen H. Monks. After receiving the discovery report, VICTIM immediately went to the court and filed a contest. During the hearing on 03/13/2017, Judge Maureen H. Monks played the manipulation again. She asked VICTIM, in the context of a financial issue, “so you are saying basically that you are withdrawing your motion for the review of the discovery master’s report that you no longer disagree with that, but that there are other issues about other documents?“ When VICTIM tried to express his reservation in a polite way, she stopped VICTIM and placated him by downplaying the significance of the report, “you know the court still make separate determination on the issues that you raised” and “Whatever other issue you are going to bring the discovery master report does not bind the court. It is not a final determination if that is what you are concerned with.” A few days later VICTIM received her written ruling on the motion, saying that “Defendant has withdrawn his objection.” If VICTIM had been asked to sign a paper to withdraw his contest, he would have bluntly rejected.
6.3.8. Conspiring with Russell L. Chin to retaliate VICTIM in a low and nefarious manner by Judge Maureen H. Monks. Since the first hearing on the divorce on 08/17/2016, Judge Maureen H. Monks had been indulging Russell L. Chin in frauds and fabrications. In the EXWIFE’s Financial Statement that he filled and submitted, Russell L. Chin claimed under penalty of perjury that EXWIFE had no bank account and did not pay him any retainer, forcing VICTIM to subpoena her Bank of America statements and other documents, which in turn led to appointment of Discovery Master Victor J. Tagliaferro to oversee the discovery. Russell L. Chin then harassed VICTIM, repeatedly, by requesting the latter to produce numerous documents that fell into 45 categories, many of which were outrageously unreasonable and irrelevant. VICTIM referred the request to Victor J. Tagliaferro for discussion. In the conference on 11/22/2016, Victor J. Tagliaferro sabotaged VICTIM’s discovery effort and apparently totally ignored Chin’s request. In the 03/13/2017 hearing, Judge Maureen H. Monks blamed VICTIM to defend Victor J. Tagliaferro and Russell L. Chin, “if you did not comply yourself, the rule prevents you from seeking a motion to compel anyway,” totally distorting the causal relationship. While Judge Maureen H. Monks had to yield to MA mandatory disclosure law, in retaliation, she ordered VICTIM to go to Russell L. Chin’s law office at Quincy, physically, to exchange the bank statements, unnecessary, uncomfortable, and distant from VICTIM’s residence, for the sole purpose of fatiguing and humiliating VICTIM into compliance with her measures of rigging justice.* On 04/10/2017, after VICTIM drove more than two hours across the entire Boston City diagonally through afternoon traffic jam and arrived at Russell L. Chin’s law office at Quincy—bringing with him all the required statements of his different bank accounts—Russell L. Chin refused to produce EXWIFE’s Bank of America statements; he handed VICTIM a thick envelope that turned out to contain prints of statements of a joint bank account for VICTIM and EXWIFE, to which VICTIM had 100% online access.
* Acknowledgement to the authors of The Declaration of Independence, from which this statement is adapted.
6.3.9. Indulging Victor J. Tagliaferro in financial misappropriation and embezzlement by Judge Maureen H. Monks. As a penalty and threat to VICTIM for his efforts to seek documented truth to defend his name, which were necessitated and compelled as a response to Russell L. Chin’s false accusations and falsification, Judge Maureen H. Monks ordered VICTIM to pay the initial retainer to the Discovery Master Victor J. Tagliaferro for his “neutral” services. On 11/01/2016 Victor J. Tagliaferro wrote to VICTIM that “I will provide an itemized bill including my time and services expended periodically.” Yet as of today, more than two years after VICTIM’s divorce case was settled, Victor J. Tagliaferro has not produced even a single bill and continues to misappropriate the unused retainer from VICTIM. In MA, legal retainer is defined as advance payment that “the lawyer is obligated to account for the return of the unused portion to the client.” At Middlesex County Probate and Family Court, its accounting department clearly performs annual review and correction over its transactions. Judge Maureen H. Monks has the responsibility to instruct professionals she brings in from the outside to follow the guidelines of Middlesex County Probate and Family Court, rather than allow them to prey on a party as an incentive for them to perform the dirty job on her behalf.
E6.3.9. The letter from Victor J. Tagliaferro that requested a retainer of $3,500 (in yellow) and promised periodic bill (in red).
E6.3.9spl. The refund checks from Middlesex County Probate and Family Court for its failure to reproduce a copy of the 08/17/2016 hearing tape. The first check issued on 01/06/2017 was not cashed. About a year after VICTIM made the request for a tape copy, the Court issued a refund again on 10/13/2017.
