Michael Volpe Investigates
Michael Volpe Investigates
New Motion Alleges Widespread Malfeasance in Controversial St. Louis County Custody Case
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New Motion Alleges Widespread Malfeasance in Controversial St. Louis County Custody Case

"Did he {dad} stick his finger up her butt," Elaine Pudlowski says, "I don't know. I won't guess."
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Elaine Pudlowski, St. Louis area attorney and Guardian ad Litem

Several new audio recordings of the notorious St. Louis County Guardian ad Litem, Elaine Pudlowski, have come to light as a new motion in the case alleges widespread corruption.

The custody case of Mel Van Den Bergh and Caroline Van Den Bergh was first featured in the email newsletter The Daily Docket News (DDN).

DDN stated of the case,

Daily Docket News’ investigative team has an explosive update on a case we reported on last month as well as November and December of last year. Van Den Bergh vs. Van Den BerghCase 15SL-DR05021-01 filed in the Saint Louis County Family Court on 10/10/2016. Elaine Pudlowski, Esq., with the law firm of FrankelRubinKleinSiegelPayne & PudlowskiP.C., who was the court appointed guardian ad litem, was fired by Plaintiffs new attorney on November 5, 2020. We previously reported that the Petitioner’s minor child disclosed to a therapist that she was molested by the Respondent, but Pudlowski, with the court’s blessing and having the best interest of something other than the molested minor child in mind, reunified the molested minor child with their molester. Petitioner filed an Emergency Motion for Recusal of Judge Bruce F. Hilton, who was the presiding Judge in this case, and had been allegedly accused of BiasPrejudiceHarassmentDiscriminationThreatsIntimidationDenigration and Hostile Acts, to name a few, toward Petitioner.  Our legal team reports that Judge Bruce F. Hilton has in fact recused himself on January 12, 2021, with no explanation for his outrageous behavior, in a family court.

The case has taken on new significance with recent revelations in another case: Michael Vs. Melissa Thomas. I wrote about that case here.

In both cases, 1) children disclosed sexual abuse by their father 2) their mothers were then accused of parental alienation 3) both mothers felt they were coerced into taking a 50/50 child custody arrangement and 4) Anne Duncan Hively was involved in both cases.

Both cases were heard in St. Louis County courts.

Find Duncan-Hively’s words wisdom in Thomas’ case below.

Elaine Pudlowski was the Guardian ad Litem (GAL) in the Van Den Bergh case while Molly Murphy was the GAL on the Thomas case.

In one especially cringeworthy moment, Pudlowski tells Caroline Van Den Bergh that though her daughter disclosed, since Pudlowski wasn’t there, no one knows what happened.

“Did he stick his finger up her butt,” Pudlowski is heard saying, “I don’t know. You don’t know.”

Dad has consistently denied the allegations and while an investigation initially substantiated the claims, a review board then overturned the decision on appeal; Duncan-Hively testified on dad’s behalf at this review board hearing.

A new motion filed by Caroline Van Den Bergh’s attorneys suggests widespread abuse in the case, particularly by the judge Bruce Hilton. The motion can be found here.

It states in part.

GAL-selected and Court-ordered therapist Evangeline Bauer witnessed Judge Hilton threatening Mom on March 12, 2018: “keep it up and I will take her from you. Get out of my courtroom.”…On March 12, 2018, Petitioner filed a Motion for Disqualification of GAL, which alleged, in part: “[t]he Judge reported in open court on March 12, 2018, that he and the GAL had an ‘off the record’ discussion about the case outside of the presence of Petitioner or Respondent's attorneys just prior to taking the bench’; GAL “has failed to recommend to the Court that all contact for the minor child with Respondent cease immediately in ignorance of the evidence of sexual abuse and in direct conflict with the recommendations of three separate individual therapists of the child, two of whom were chosen by the GAL and one of whom,…At said hearing, Judge Bruce F. Hilton made the following comments to witness Salicia Mazero: “I'm more concerned about this young woman being exposed to civil -- a civil lawsuit… I can guarantee that in the event that this witness testifies that she will be sued. However, she is here to testify at her own risk and peril… (Mom’s Trial Exhibit 3, p. 56, ln. 4-10); “Like I said, I'm more concerned about this woman testifying trying to do the right thing here, but I'm more concerned about her being exposed to some serious civil liability.” (Mom’s Trial Exhibit 3, p. 57, ln. 10-14); “ I'm really concerned about this therapist testifying. And Ms. Pudlowski, you know, has a motion in limine to prohibit her from testifying. The Court will entertain it. I mean, so far you're just laying foundation, but I'm concerned about her testifying about anything that she observed or any discussions she had with this minor child without father's consent.”…Such persistent articulation by Judge Hilton of position of one party (Dad) tantamount to witness intimidation is highly irregular. It is coupled with continuous alleged, and admitted, ex-parte communications, with GAL and Dad’s counsel, specifically to therapy and custody.

Hilton would eventually recuse himself from the case, but in his recusal, he heaped praise on Pudlowski.

“Counsel for Petitioner has made several allegations against this Court and the former Court appointed Guardian Ad Litem Elaine Pudlowski without any attempt to verify the allegations during these proceedings.” Hilton stated in his recusal, “This Court finds that Ms. Pudlowski has tirelessly served the Family Court of St. Louis County as a Court Appointed Guardian Ad Litem for over two decades with the utmost integrity, professionalism and in numerous instances without compensation.”

In the motion to recuse Judge Hilton, Pudlowski is not mentioned at all.

Christine Bertelson, who handles media for the court, has not yet responded to my query about the new motion.

Elaine Pudlowski has declined numerous requests for comment for this and other cases.

Check out more audio of Pudlowski in this case below.

Find the new fundraiser for Missouri court stories here.

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