From the transcript of the Business Meeting of the Judicial Council of California for October 25, 2012:
Yupa Assawasuksant: Good afternoon. Thank you for having me today to give my testimony. Please bear with me. I come from Thailand and I try to express my concern, reasonable concern in another language.
My name is Yupa Assawasuksant, I am a registered nurse who received award from the medical school. I receive the daisy pin for being an extraordinary nurse at Kaiser. I am also a divorced mother of 15 years old boy and I have been through Marin family court for the past 12 years. I am asking you today please make sure the mediation working fine and not destroyed.
Please listen to my story from my heart to yours.
Please imagine if you have a medical problem and your doctor destroy all your medical history. When you — medical exam is pending. It will be a crime, wouldn’t it be?
My son came home from an explanation private genital — private genital. Nobody no why. My ex-husband was claimed that he put something at my son private genital. My son came home and talking about pornography that he was seeing at his father house. My son was exposed to the violent video game of his father at age of 6 years old.
In 2006 while we were taking our son to the doctor appointment, the father was whispered to our minor son that I’m going to be killed or died. My son told me, told the police, and told a judge in court. My request was — my request for a restraining order was denied. We went through to custody trial in 2005 and 2007, I documented everything in my pleading. I was forced to go to the mediation, with the Court mediator, Gary Wool. During my first interview with my son, my son told her his father was hitting him. She did not include in her report to the Court. Filed in her handwritten notes that my son had informed her that his father was hitting him. She also testified during cross examination that she did not read the court file or any of my pleading, not one.
I won that trial with the 26 days a month with my son. Then Judge came into the family bench in 2007. My ex-husband file another custody motion. I ask for a different mediator. My request was denied. I challenged her, Dr. Wu sent another recommendation that I lost all the custody of my minor son and placed me on to supervised visitation per week, no holiday, no vacation, and the father did not ask any of that. During the second trial she testified again,
Dr. Wu testified again during cross-examination, she did not read the file, but she head all the father’s pleadings. She testified during cross-examination she did not know the local rule and the State law.
Even following the court mediation proceeding and procedure, I document everything I got all the transcript and I present all my information transcript to the legislature in support of the state audit of Marine family Court. Which is include my son pictures of — explanation, bruises as big as a fist side. Medical report, dental report, school report cards, and especially the note that the Court mediator, handwritten note that my son was telling her that his father hitting him. And all was destroyed before the audit could take place. Anyway, I just would like to say this before I go that we need the court reporter and the video in the Court. In the courtroom to be — retaliation by the judge and organized crime by the court mediator.
Thank you for having me today.
Congressional Testimony of Yupa Assawasuksant to Bill Windsor of Lawless America:
Family Court in America 
Marin Court Executive Kim Turner and AOC instructed Marin Court Mediator Supervisor “Leo Terbieten” and all court mediators: Gloria Wu, Meredith Braden and Christine Definbach to destroy the pending cases working files during State Auditor audited Marin Family Court. It was an organized crime.
Marin Court Mediator “Gloria Wu” PSY 16785 testified under cross examination on August 17 and 20, 2007 admitted she was not aware any local rules, Family Code Section and laws to perform the most basic of her duties. Dr. Gloria Wu had an Ex Parte Communication with the court appointed minor counsel “Scott Lueders” in violation of PC 216 (a)(b). Marin Family Court Presiding Judge Verna Adams commented Dr. Gloria Wu’s malpractice was fair and appropriate in FL 995107 James Heierle and Yupa
Attorney Barbara Kauffman: are you aware of any rule, or procedure, document issued by Family Court Services that lets the parents who come through your office know that their attorneys are allowed to send documents to you?
Marin Court Mediator “Gloria Wu”: I–I don’t know.
Attorney: Could you tell me what the best interest factors are in Family code section 3011?
Gloria Wu: I’m unable to do that for you.
Attorney: How about child sexual abused and domestic violence. Is there any relationship there?
Gloria Wu: I–I don’t know that so–
Attorney: You haven’t been trained in that?
Gloria Wu: I–I am unable to answer that questions.
Attorney: I’m asking you right now, are you aware that a CLET restraining order was issued in this case?
Gloria Wu: I don’t-I don’t know.
Attorney: James’reaction with our son very inappropriate, He plays with our son very roughly, roughly that our son, when he was two and a half years gets bruises and often ends up crying. James got very angry and slapped him on the face. I got very upset at James and told him not to discipline him that way. James then slapped our son twice on the face. Although there was no bruise, you could see finger marks. Does this concern you?
Gloria Wu: Yes, that concerns me.
Attorney: It’s document called 2005 rules of court excerpts, 2006 trial excerpts of Dr. Wu filed on March 9, 2007. Did you ever read that?
Gloria Wu: NO.
Attorney: So this is a new fact for you, Jonathan telling that his dad hit him?
Gloria Wu: Yes.
Attorney: Do you know whether a police report made?
Gloria Wu: No, I don’t know.
Attorney: Did you read the doctor’s reports attached Exhibit O?
Gloria Wu: No, I did not read this.
Attorney: Did you talk to his doctors?
Gloria Wu: No, I did not.
Attorney: Did you talk to his teacher?
Gloria Wu: NO, I did not.
Attorney: Did you talk to child therapist?
Gloria Wu: No, I did not.
Attorney: Now, do you know-do you have any idea of how frequently Mr. Heierle has used gone on PORNOGRAPHY websites?
Gloria Wu: I don’t know.
Attorney: Now, Do you see he changed his testimony from two or three times a month to possibly 20 times per month?
Gloria Wu: Well, he’s saying that that’s possible, that-that he doesn’t keep track of the times.
Attorney: Have you review the files?
Gloria Wu: No.
Attorney: Are you have no doubt that this child is very, very connected to his mother, do you?
Gloria Wu: Sure
Attorney: And he loves his mother a lot?
Gloria Wu: Yes.
Marin Family Court Presiding Judge Verna Adams, Court Mediator Gloria Wu and Court appointed Minor Counsel “Scott Lueders” gave the sole custody to the batterer pervert father “James Heierle” after Court mediator Gloria Wu admitted she did not read a single of working files and my pleading. APPLE SAVE KIDS documented child became physical violence during the visits after the batterer pervert father “James Heierle” hired his lawyer teenager son, “Zach Ostiller” to get involve with the custody mess and intentionally dropped off child late multiple times at APPLE SAVE KIDs. The batterer father instructed APPLE SAVE KIDs supervisor not allow child to have any drink or foods during two hours visitations and set up miserable visits for our minor son.
Marin Family Court Presiding Judge Verna Adams, Court Mediator Gloria Wu and Court appointed Minor Counsel “Scott Lueders” gave the sole custody to the batterer pervert father “James Heierle” after Court mediator Gloria Wu admitted she did not read a single of working files and my pleading.
Brookside Orchids Owner “James Heierle’s deposition (63 years old) in 2011 furnished alcohol to minors and taught our minor son (age 15) to use violence against women to solve problem in his watch. His employee 23 years old girlfriend “Natalie Logusch” put my son in her car and made him drive without a driving permit and a proper driving lesson in violation of the laws. Attorney Barbara Kauffman reported to Commissioner Heubach and minor counsel “Scott Lueders” but no one cares with child’s safety and best interest instead they trashed the protective mother.
Attorney Barbara Kauffman: Do you think it was appropriate for him to slap her back?
James Heierle: On the leg. First of all she slapped him because he wouldn’t take the alcohol. And then she felt bad and asked him to slap her back. And he wouldn’t do it. She kept badgering him until he slapped her to stop the whole process.
Attorney: Do you think that was appropriate?
James Heierle. Yeah. To wrap it up and conclude it, yes.
Attorney: Okay.
Attorney Barbara Kauffman: Have you call her a chink?
James Heierle: Yes
Kauffman: Do you say your mother’s crazy?
James Heierle: When it’s appropriate, yes.
Kauffman: Have you told him that his mother is crazy when Yupa is not there?
James Heierle: A couple of time when it’s really escalated into craziness, Yes.
Kauffman: Have you told him that his mother is a nut?
James Heierle: I probably said that at one point, too.
Kauffman: Did you ever tell Yupa that a little girl tried to touch your genitals when you were teaching her gymnastics?
James Heierle: Oh, yeah. Yes.
Kauffman: In 1992, Jim had sexual intercourse with my brother’s teenaged girlfriend.” Now, that would be Matthew’s girlfriend?.
James Heierle: Yes.
Kauffman: Did he view you as a father figure?.
James Heierle: Yes.
Kauffman: Did you, how old was the girl?.
James Heierle: 20 something.
Brookside Orchids Owner J”ames Heierle’s deposition”, “Yupa chose clothing that made him look like a foreign national. They were the worst clothes I ever saw. They were groupie clothes. They look like he was right out of Asia somewhere. No offense to Asia, but the clothing selection was preposterous”.
From: Brannon, Cheri
Sent: Friday, October 16, 2009 10:58 AM
To: Ramazzini, Ed
Subject: RE: Mediation Files
That is correct.
Thanks
Cheri
_________________________________________________________________________
Sworn 2010 testimony of Marin Family Court Services mediator Meredith Braden (in a case
involving a young child):
“Q. Okay. Well, generally do you have a file for each mediation case?
A. It’s a little complicated. We do keep files currently, but at one point the directive was that we
were no longer keeping files. They were all destroyed.
Q. They were all destroyed?
A. Yes.
Q. Can you tell me who directed you to do that?
A. It was Kim Turner, to the best of my knowledge, yes.
Q. What do you mean by to the best of your knowledge?
A. I mean, we were told, through our supervisor at the time, that that was the policy from above him.
Q. Who was your supervisor?
A. Leo Terbieten. But he has since retired.
Q. When did he retire?
A. At the end of 2009.
Q. End of December?
A. Yes.
Q. Okay. So between the period of September 21st, when you interviewed these parties, and the end of December, then were you instructed to throw away your files?
A. You know, I don’t remember the exact dates. There were — all of the files were destroyed at some point in the Fall. Obviously it was after September 21st. And then the policy was reversed at some point, also in the Fall, prior to December, but I couldn’t tell you exactly when. And so since that time we’ve been maintaining the files again.”
Email String on October 16, 2009 Directing the Stopping of Destruction of Mediator
Files
_______________________________________________________________________
From: Ramazzini, Ed
Sent: Friday, October 16, 2009 10:57 AM
To: Brannon, Cheri
Subject: Mediation Files
No destroying of files until further notice, correct?
Thanks.
Ed Ramazzini
Family Court Services
Phone: (415) 473-7187
Fax: (415) 473-3715
Email: ed_ramazzini@marincourt.org
From: Turner, Kim
Sent: Wednesday, September 23, 2009 4:00 PM
To: Terbieten, Leo
Cc: Adams, Verna; Brannon, Cheri
Subject: FW: Family mediator working files
Leo,
Here is the answer from OGC regarding our plan to discard mediator working files immediately after the report and recommendations are written. Please have Ed and the mediators implement this practice right away.
Thanks,
Kim
Kim Turner
Executive Officer
Marin County Superior Court
(415) 473-6237
kim_turner@marincourt.org
From: Connell, Mikayla [mailto:mikayla.connell@jud.ca.gov]
Sent: Wednesday, September 23, 2009 3:50 PM
To: Turner, Kim Subject:
RE: Family mediator working files
Hi Kim,
From the information below and from what we discussed in our telephone call I do not foresee any problems with your decision to discard the family mediator notes immediately. These documents do not appear to fit the definition of a “court record” under either the statutes or the rules, and thus there is no statutory or rule mandated retention period for these documents that I am aware of. I hope this helps!
Mikayla S. Connell
Attorney Legal Opinions Unit Judicial Council of California – Administrative Office of the Courts
455 Golden Gate Avenue
San Francisco, CA 94102-3688