California Coalition’s complaint in its racketeering lawsuit against the San Diego County Bar Association and its divorce lawyer subsection details the collaboration between San Diego divorce lawyers and the City Attorney’s office in prosecuting critics. Below we excerpt sections of the complaint detailing the prosecutorial misconduct of Assistant City Attorney Emily Garson, under supervision of City Attorney Jan Goldsmith, in their illegal prosecution of Colbern Stuart, President of California Coalition.
The City Attorney spent tens if not hundreds of thousands of dollars prosecuting Stuart, an accomplished civil litigator having worked for major international law firms in federal court trials and appeals for nearly two decades, for a speech misdemeanor: “annoying electronic communications.” Stuart was charged for “annoying” his ex-wife by attempting to set up phone contact times with his son.
The City Attorney’s prosecution was largely a failure–Stuart was acquitted for most of the charges, convicted only for emails in which he “cursed” in frustration at his ex-wife’s obstructive behavior.
To prosecute Stuart, Garson and Goldsmith extended themselves to commit perjury, prosecutorial misconduct, and racketeering in retaliation for Stuart’s activities in leading California parents against divorce lawyers, psychologists, and judges which Stuart and California Coalition claim are defrauding and harming parents and children. The lawsuit alleges Garson and Goldsmith pursued Stuart’s bar license, costing him a lucrative career as a federal court litigator. Stuart’s lawsuit claims over ten million dollars in damages.
Defending the lawsuit alone will cost city taxpayers hundreds of thousands of dollars, and the city’s exposure for a share of the damage to Stuart and California Coalition is staggering. “How anyone could have imagined a criminal prosecution for cursing in an email benefited anyone is a mystery” says Stuart. “Garson and Goldsmith destroyed my career, my ex-wife’s career, our son’s future, California Coalition’s momentum that we had achieved since 2008, and countless lost opportunities to help parents and children facing the enormously harmful treachery of divorce lawyers nationwide. Garson and Goldsmith are not merely foolish, they’re evil” says Stuart.
The case is currently on appeal to the Ninth Circuit Court of Appeals. Hearing expected in late 2014.