Is a California judge putting kids in danger?

When deciding credibility, judges and juries have wide discretion.

Screenshot from YouTube of William Holburn

Last month, a California judge delivered a decision that I hope we all don’t look back on and regret.

Judge James Waltz delivered the heavy handed ruling in the child custody case of William Holburn Vs Julie Holburn.

Judge Waltz granted the children’s mother, Julie Holburn, only supervised visits, though on a temporary basis.

Judge Waltz justified his position by arguing that William Holburn was the more credible party.

From there, Judge Waltz accused Julie of parental alienation.

The judge did not provide a reason why he found Julie not to be credible, but he used her lack of credibility to justify every decision the judge made.

Judge James Waltz, from the California Bar Association, when he was named Jurist of the Year

Judge Waltz uses boiler plate arguments to support his parental alienation claim. I could even call it textbook.

When last I left off the Holburn case, another judge was recusing herself: Judge Sandy Leal.

Judge Waltz took over two short months ago and decided to hold a hearing on all outstanding issues, wasting no time to get his feet wet, before he upended this family.

Judge Waltz had better be right because if he’s wrong, the Holburn children are in extreme physical danger from the violent and abusive father. I previously documented some of the evidence. Below is part of doctor’s report.

11yo girl… Has white discoloration without fall, noted about 1 month ago. No eye pain or joint pain. No vomiting, abdominal pain. Fully vaccinated. being grabbed forcefully by father over the forearms 'out of anger', last was March 2021. He used 'a lot of mean words' and has threatened to give 'us cigars so it stops our growth. Children back with mother as of today.

Mother reports father has pulled her hair and punched {their daughter} in the mouth causing a loose tooth which was reported to Costa Mesa PD on3/13/21.

Another doctor’s report stated as follows, “{Their son} stated that his father recently was talking to him about ‘religion’ and {their son} did not want to hear it so he covered his ears and made sounds so as to not hear dad. Dad became angry and told him to raise his head and listen. According to {their son} his dad then grabbed his left ear and hit him on the head (demonstrating an open hand slap on his head). {Their son} also said his grandmother was there and saw it and that his grandmother is ‘afraid’ of his dad.”

Julie’s son, in transcripts submitted to the court, stated, “so basically, this is what he did. He {Bill Holburn} like took me he like shook me and I’m pretty sure he hit me two times yesterday but. I am not sure whether in bed or no. But he was shaking me twice.”

Her son continued, “And also he said that ‘God will save me’ and he’s pushing me in a dark room trying to lock me.”

There is also an incident from March 2021. Depending on who you believe, Bill was violently attacked by Julie’s son from another relationship, or Bill violently attacked his family and was being protected by said son. Fortunately, there is bodycam footage.

If you watch both bodycams, Julie and all her children describe how Bill was the aggressor while Bill claims he was attacked unprovoked. Who will you believe? How about an eyewitness?

She backs up Julie’s version of events. So, then, why did Judge Waltz find Bill credible?

Judge Waltz not only found Bill credible, but he found the children would be safe with him.

The children are not afraid of their father? Here’s more from Julie’s son, “He’s trying to lock me in a dark room, put me in a dark room and he said, ‘don’t worry God will save you’. This {is} what he kept saying.”

In a criminal case, this sort of eyewitness testimony would be critical, but not so in family court.

In family court, Judges like the award-winning Judge James Waltz rely on gatekeepers. He explains further.

One of the biggest problems with custody cases like this is that abuse is rarely substantiated by police and social services, real or not.

That’s exactly what’s happening with the Barnett case I’ve been covering in Utah, where police have been called three times since September but constantly issue reports not finding abuse.

The mom in this case- the Barnett case- is accused of…you guessed it: parental alienation.

The same thing happened to former MLB player David Segui. After his kids were taken by force to his ex-wife, the police were also called out repeatedly, but abuse was never substantiated: even though the aftermath of one attack was filmed.

Segui was also accused of… you guessed it parental alienation.

This amounts to a conspiracy- even if the parties are not conspiring together- between the courts, the police, and social services.

Abuse is alleged; police rarely if ever take action if a custody case is involved.

Social services are so incompetent so they rarely if ever take action as well. The accused abuser then cries parental alienation and uses the lack of substantiation as evidence of parental alienation.

“There have been many allegations of abuse that have not been substantiated. There has been no proof that has been offered, no protective orders, no filed criminal cases, no CPS cases.” Sydney Mateus, James Barnett’s attorney, stated in a September 2022 hearing, “Ms. Barnett has perpetuated that they have to the point, that these kids are starting to believe it.”

I reached out to Bill Holburn’s attorney, David Monarch but received no response.

I reached out to the Costa Mesa Police Department- which investigated the 2021 incident- but also received no response.

I sent Judge Waltz an email and received no response. The email is below.

In the Holburn V Holburn case, you ruled that the children are safe with their father. 

Bodycam of chase - YouTube this is an audio of a witness speaking to police about a March 2021 incident saying that the father was chasing and grabbing at the kids. 

There is bodycam of the police investigating this. Did you know this? Dad claims that he was not the aggressor, despite there being a witness to contradict this. How did you make this determination? Bodycam Costa Mesa PD - YouTube body cam from custody exchange gone bad - YouTube

Dad's kids have disclosed to therapists, police, their mother and teachers that dad is abusive, but you don't think they are in danger. That seems ridiculous. Dad may kill those kids IMO. What do you think? 

This is a pretty stunning ruling given that you recently took over the case and made it temporary. It's bizarre as are previous rulings of yours. I don't think you're fit anymore and need to retire. What do you think?  I'm asking you to remove yourself from the bench entirely. For the good of humanity so no more children are abused. 

Postscript:

Check out the previous articles on the series on Orange County. Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8. Part 9, Part 10, Part 11, Part 12, Part 13, Part 14, Part 15, Part 16, Part 17, Part 18, Part 19, Part 20, Part 21, Part 22, Part 23, Part 24, Part 25. Part 26, Part 27, Part 28, Part 29, and Part 30.

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