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Joseph Sweeney

1233 Amberstone Lane


San Ramon, CA 94582
Telephone: (510) 717-2567
Email: joe@courtreformllc.com
September 16, 2016
Via Hand-Delivery and Certified Mail
Mark A. Peterson
District Attorney
Contra Costa County
900 Ward Street
Martinez, CA 94553
Re:

Honorable Bruce C. Mills and Clerk Lori Bogdan


Violation of Government Code 6200 (Alteration of Court Record by Public
Officer)
Violation of Penal Code 470(c) (Forgery on Court Judgment)
Violation of Penal Code 182(a)(1) and (5) (Conspiracy to Commit Crime)

Dear Mr. Peterson,


Summary
I request that the Contra Costa County District Attorneys Office take action on the matter
described herein. The facts and supporting records indicate that either Honorable Bruce C.
Mills or his Clerk, Lori Bogdan, or both, committed forgery and/or conspired to commit
forgery on a filed sentencing judgment in an attempt to double the amount of time I was to
serve in jail after being found in contempt of court by Judge Mills on August 12, 2016.
Facts
On Friday, August 12, I appeared before Honorable Bruce C. Mills in Department 29 of the
Contra Costa County Superior Court. At the conclusion of a contested hearing, Judge Mills
found me in contempt of court on five separate counts for allegedly violating a family law
order that prohibited me from talking or writing about certain information pertaining to my
family law case.
Judge Mills sentenced me to serve 25 days in jail, fined me $5,000, and sanctioned me
approximately $20,000 in attorney fees and costs the maximum penalty under the law.
My requests for a stay of sentencing so that I could file a Writ to appeal the finding of
contempt, challenge the constitutionality of the order, and pursue alleged due process
violations of the hearing, were denied by Judge Mills. He ordered me immediately
remanded. However, I was released when the court discovered that I was entitled to a 72hour stay by court rule.

I reappeared before Judge Mills at 8:30 a.m. on Tuesday, August 16. I was again sentenced
to serve 25 days in jail, penalized $25,000 in fines and sanctions, and immediately taken
into custody. My requests for a stay were again denied.
The sentencing order was filled out in part by Judge Millss clerk, Lori Bogdan, at the
conclusion of the hearing on August 16. Numerous witnesses can confirm this allegation.
The handwritten notes on the order, other than Judge Millss signature, appear to be those
of Ms. Bogdan. The order was signed by Judge Mills, stamped and filed by Ms. Bogdan, and
served at the conclusion of the hearing on August 16. Exhibit A. Numerous witnesses can
confirm this allegation.
On Thursday, August 18, while incarcerated at West County Detention Facility, I
submitted a request to the Operations department of the Contra Costa County Sheriffs
Office to be notified if/when statutory good time credits would be applied and to be
informed of my release date. I did not receive a response.
On Monday, August 22, I submitted another request and spoke with deputies about the
matter on August 22, 23, and 24. Finally, I received a response on Wednesday, August 24
from Civil Superisor, Mary Algandro, stating that good time credits did not apply to my
contempt sentence. Exhibit B.
On Thursday, August 25, my attorney, Jim Morrison (SBN 83772), contacted Ms. Algandro
and informed her that Penal Code 4019(a)(3) required that good time credits be applied to
a civil contempt. Exhibit C. Ms. Algandro informed Mr. Morrison that even if true, a
notation on the order stated:
no good time credits to be given (BCM) (Handwritten note on Page 2 of order)
Mr. Morrison requested a copy of the alleged notation. A copy of the page was faxed to Mr.
Morrison around 10:45 a.m. on August 25. Exhibit D. The copy of the order that Mr.
Morrison received included the notation described above. A timestamp on the order
indicates that it was received by fax by the Sheriffs office on August 17, a day after the
order was filed.
But while the copy of the order received by the Sheriff on August 17 includes the
handwritten notation described above, the filed stamped copy dated August 16
does not. Other than the added note, the copies are identical. Compare Page 2 of the order
in Exhibits C & D (pages 18 & 24 of this complaint).
Mr. Morrison hand-delivered correspondence to Judge Millss mailbox around 1:30 p.m. on
August 25 insisting that the good time credits be applied, wherein he stated that the law
mandated their application. He also noted the inexplicable discrepancy between the filed
order and the Sheriffs copy of the order. Exhibit E.
Within one-and-a-half hours, Judge Mills issued an order granting good time credits, a copy
of which was faxed to Mr. Morrisons office and also faxed to the Sheriff. Exhibit F. I was
informed by a Deputy at West County the same day that my release date would be
commuted to August 28, instead of the original release date of September 9.

The only plausible explanation of these events is that the handwritten note to revoke good
time credits was forged on the sentencing order after it was filed and served, and the
altered version was faxed to the Sheriffs office. As of September 12, the altered version is
still in the court file. No copy of the forged order was ever served on the parties.
It is apparent by inspection that the handwriting of the added note is that of Ms. Bogdan.
Unless Ms. Bogdan acted unilaterally, because the note includes in parentheses, (BCM),
Judge Millss initials, it appears that Judge Mills instructed Ms. Bogdan to add the note
after the order was filed and served on August 16, but before it was faxed to the Sheriff on
August 17.
Further Evidence of Misconduct
At the contempt hearing on Friday, August 12, Judge Mills stated on the record that good
time would be applied and, as such, even if I was sentenced to 25 days, I would only serve
12 or 13 days. Exhibit G. Such a statement indicates that Judge Mills was aware of the
statutory application of good time credits. Indeed, he has been a judge for more than 20
years. A subsequent instruction to revoke good time credits would be contrary to Judge
Millss own statement, and alteration of the order would suggest malicious intent.
Further, at the hearing on August 16, opposing counsel argued that good time credits did
not apply, and Judge Mills refused to accept their argument. At no point during the August
16 hearing did Judge Mills state on the record that he was revoking good time credits. I can
provide the August 16 hearing transcript. The minutes from the August 16 hearing also
provide no indication of such an order. Exhibit H.
After I was released from jail, I went to the Clerks office to obtain a photocopy of the filed
order. Exhibit I. I also took a color photograph of the order. Exhibit J. The filed order
includes the added note. However, it is readily apparent to any person that the note was
written with a different pen. The ink is a different color, and it is thinner than all other
handwriting on the page. The difference can even be observed on the photocopy provided to
me by the Clerk. These facts provide further support that the note was added subsequent to
the order being filed.
Petitioner even filed a motion on August 31, attaching as an exhibit the filed sentencing
order that was served on her, and it does not include the added note.
According to a Classifications Deputy at West County, I was the first person incarcerated at
West County on a civil commitment since the facility opened in 1991, 25 years ago.
It is also important to note that Judge Mills has an extensive history of judicial misconduct.
According to Annual Reports, he has been disciplined five times by the Commission on
Judicial Performance, most recently in 2013 for abusing his power by attempting to alter
the outcome of criminal charges brought against his son:
By communicating his desired resolution of his sons case to the courtroom clerk of the
assigned pro tempore judge through channels not available to the public, [Judge Mills]
created an appearance of impropriety that undermined public confidence in the impartiality
and integrity of the judiciary.

Moreover, the fact that both the courtroom clerk and the pro tempore judge were
subordinate to the judge heightened the appearance and reality of impropriety. In
aggravation, [Judge Mills] had been previously disciplined for using his judicial position to
bypass proper channels on behalf of his son. (Commission on Judicial Performance, 2013
Annual Report)
Witnesses and Additional Information
The primary witnesses are Judge Bruce Mills (925-608-1129), Clerk Lori Bogdan (925-6081129), Contra Costa County Sheriffs Office Civil Supervisor Mary Algandro (925-335-1500),
Bailiff of Department 29 (925-608-1129), Jim Morrison (my counsel, 925-432-4731), Staci
Lambright and Michelene Insalaco (counsels for Petitioner, 415-357-5050), and myself (510717-2567).
There were approximately 15 other witnesses present at the hearing on August 16,
including 3-4 other bailiffs, who can confirm that the original order was signed, stamped,
and filed at the conclusion of the hearing. I can provide you with contact information for
some of the other witnesses.
I believe there may also be audio and video recordings of the hearing. I request that your
office obtain and review these records.
Additionally, I was found in contempt of court for putting information on a website, which
was allegedly in violation of an order restraining data on cell phones used by my ex-wife
and me during our marriage. However, none of the information on the webite was actual
data or reproductions of data from the phones. The information on the website had been
previously disclosed in our voluminous public court file by my ex-wife herself.
In order for Judge Mills to find me in contempt, he had to declare that information placed
in a public court file or presented in oral testminony in open court is not actually public
information. Below is an example of an exchange on August 12 between Judge Mills and my
counsel regarding the issue:
THE COURT: Yeah, I don't know why it would be relevant, because it doesn't
constitute a waiver.
MR. MORRISON: I think it goes to whether it's public or private information.
THE COURT: I understand your position. Matters that are put into court pleadings
and brought up in oral argument before the court do not become public thereby.
MR. MORRISON: I -- okay, I believe that that's directly contrary to the law. And I
have a case -THE COURT: I understand your position.
It is a basic legal principle that information placed in a court file or presented in open court
becomes public. This is one example of absurd legal conclusions that Judge Mills used to
hold me in contempt. I can provide more examples. It is untenable for Judge Mills to claim

that he did not understand such fundamental principles of law. His actions further support
malicious intent.
I can provide full transcripts of the August 12 and August 16 hearings, further testimony
and/or a copy of my Petition for Writ of Habeas Corpus, which further details due process
violations of the August 12 hearing. My attorney and I will also provide additional
important information regarding these matters.
Possible Crimes
Government Code 6200 states that alteration of court recordby a public officer is a felony:
Every officer having the custody of any record, map, or book, or of any paper or
proceeding of any court, filed or deposited in any public office, or placed in his or her
hands for any purpose, is punishable by imprisonment pursuant to subdivision (h) of
Section 1170 of the Penal Code for two, three, or four years if, as to the whole or any
part of the record, map, book, paper, or proceeding, the officer willfully does or
permits any other person to do any of the following:
(a) Steal, remove, or secrete.
(b) Destroy, mutilate, or deface.
(c) Alter or falsify.
Penal Code 470(c) states that alteration of a court judgment constitutes forgery:
(c) Every person who, with the intent to defraud, alters, corrupts, or falsifies any
record of any will, codicil, conveyance, or other instrument, the record of which is by
law evidence, or any record of any judgment of a court or the return of any officer to
any process of any court, is guilty of forgery.
Because Judge Mills and Clerk Bogdan appear to have conspired to alter the order, Penal
Code 182(a)(1) and (5) may also apply:
(a) If two or more person conspire:
(1) To commit any crime.

(5) To commit any act injurious to the public health, to public morals, or to
pervert or obstruct justice, or the due administration of the laws
Conclusion
It is clear that Judge Mills, with and through his Clerk, Lori Bogdan, illegally and
maliciously altered a filed sentencing judgment in an attempt to double the amount of time
that I would spend in jail. This is a black and white case of alteration of a court record by
public officials.
Illegal incarceration is the most serious of offenses. The record supports that Judge Mills
knew revoking good time credits was illegal, which would indicate that he acted
maliciously, and he operated under color of law as a public officer, both aggravating factors.
Likewise, Ms. Bogdan would appear to have commited the forgery while acting as a public
officer.

I have provided copies of this complaint and additional information to other agencies,
organizations, and officials, some of whom are awaiting a response from your office. I hope
this matter will be dealt with appropriately.
Respectfully submitted,

Joseph Sweeney
cc: Steve Moawad, Senior Deputy District Attorney, Government Corruption Division (via
Hand-Delivery and Certified Mail)




Exhibit A

FL415
AITORNEY OR PARTY WITHOUT AlTORNEY (name, state bar number, and sddiass) or

FOR COURT USc ONLY

GOVERNMENTAL AGENCY (pur.suantto FamOyGade, '17400, 17404):

Michelene Insalaco
161711
Sucherman Insalaco LLP
101 Mission Street, Suite 1640
San Francisco, CA 94105
TEl.EPHONENO.(Op!lona.I): (415).357-5050
FAXNO.(Opl/ona/}: (415) 357-50!>1 .
E-MAILAD0Ress(op11onaJJ:
mr@sucherman-insalaco.com
ATTORNEYFOR(NsmeJ:
Keri Evilsizor
.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

AUG 16 2016

751 Pine Street


MAILING ADDRESS: P. 0. Box 911
crrY AND zip cooe: Martinez, CA 94553
STREETAooRess:

BRANCH NAME:

RESPONDENTIDEFENDANT:loseph

James Sweeney

OTHER PARENT:

FINDINGS AND ORDER REGARDING CONTE_MPT


Famil Law
1.

.CASE NUMBER:

013-01648

This.matter proceeded as follows: CJ Uncontested


D By stipuiation
W Contested
Judicial officer: Hon. Edward..G...Mills
a. Date:. August 12, 2016
Dept.: . 29
W Attorney present (name) : ' Michelene Insalaco
b. W Petitioner/Plaintiff present
W Attorney present (name): James Morrison
c. W Respondent/Defendant present
d. CJ Other parent present
CJ Attom~y presen! (npmf!},: ,; ~.~
~
. "
. .
- . e. . Goverrymental ag_
ency by (name):
f. .c:J.'dtherappearances (speclfY):
..
.
.
g: Orfthe' bfcier to Show Cause and Affidavit for Contempt(ioi-m Fl....41
Filed by Keri Evilsizor
on (date) : .December 14, 2015
;

- -. .

2.
3.

The "Citee for purposes.of this order is


Ot.her (specify) :

CJ

Petttioner/.Plaintiff -
" . -.

W .Re$pt:mdent/Defendant

,, _

a.. Citee has been_ advised .ofrlghts to:


(1) W counsel ... :. .. : .:...~> . - '-' :t. . ._. ..
(2) Ill appointed counsel
'
(3) W continuance to obtain counsel
(4) W a hearing/trial (to cross-examine, call, and compel the attendance of
witnesses)
(5) IXI privilege against self-incrimination
(6)
other (speclfY):

b.

Cl

, .. ' " " ' ...

W requested
!XI requested
W requested
W requested
CJ
Q

requested
requested

D
D

CJ
CJ

waived right
waived right
waived right
waived right

W
CJ

waived right
waived right

Written advisement and waiver of rights attached.

THE COURT FINDS:


4. W Citee knowingly, intelligently and voluntarily waived rights as set forth in item 3.

5.

6.

c.

W
W
W

There are valid orders of the court.


Citee had knowledge of the orders.
Citee violated the orders by (specffY):

d.
e.
f.

CJ
CJ
Cl

Citee has freely and voluntarily admitted to the defaults/violations specified in item 6.
There is a factual basis for the plea entered.
Other (specify):
' . ~

a.
b.

See attachment.

Citee is guilty of contempt of court for the following counts (defaults/violations) alleged in the Order to Show Cause imd
Affids..vitforcontempt(j{)rm FL-410l (s.P.eclfY): Counts 1, 2, 3, 4 and 5. (See exhibit D Of OSC filed 12/14/15

'hcla.~ o-\-

Fonn Approved for OPlional Use


Judicial Council of Ca!Jtornla
FL-415 [Rev. July 1, 2003)

tQi Martillllam~

~ fsSOOJAl fUl!Mf"

for enumerated counts of violations.)'


lQ)o:t

FINDINGS AND ORDER REGARDING CONTEMPT


(Family LawDo~estic Violence PreventionUniform Parentage-Governmental)
8

Paget of3
Farnlly Code, 17400, 17402, 17404
CCP, 1209, 121e
www.coutlilfo.ca.gov

'

PETmONER/PLAINTIFF:

~ESPONDENT1oeFENDANT:

l\en cViJSIZOr
.
Joseph James Sweeney

CASE NUMBER;

013-01648

OTHER PARENT:

a.

7.

Citee is not guilty of contempt of c~urt for thefollowing C:oums (defaults/violations) alleged

AffidavitforContempt(form FL-410) (specify):


b.

8.

CJ

9.
1o.

CJ

Citee waived time for sentencing.


Citee waived time for trial.
Citee failed to appear as ordered.
Other (sp~cify) .:

11.

in the O;der to Show Cause 8nd

Counts 6, 7,.8, 9, 10 and 11. (See exhibit D of DSC .


filed 12/14/1~ for enumerated counts of violations.)

Cltee has a previous finding of contempt (spe:cify):

, . .
THE COURT ORDERS
12. a.
That the following counts alleged In the Order to Show Cause and Affidavit tor Contempt(form FL-41 O) (specify):
~

CJ

13.

Cl

are dismissed
with prejudice
CJ without prejudice.
.
.
That the request to dismiss. the following counts alleged in the Order to Show Cause and Affidavit tor Contempt{form
FL-410) (specify):
i~ denied.

b.

Citee must perform


hours of community service for counts (specify):
a.
To commence on (date):
to be completed by (date) :

........,_,~"""' "" "--- .

Citee must report to (specify):

-- ""''"'"'" "

on (date):

at (time):

CJ Citee must pay an administrative fee i:::J of $


-r~~O~(BG""') c::J as determined by the community service agency
_
W Citee must serve ~
~ ;, In the county jail for counts (specify): 1, 2, 3, 4 and 5.- 5~ -2Ach Cou,t\.
b.

14.

W To commence on (date):

on (date) :

15.

-'& rU\(J.) ~o be completed by (date):

a.
b.
16. a.
b.

C:.O t\.~C.U.hu..Q...

at (time) :

"

W Citeemustpay: Co..t2.A-Co&.\:s. ~ ~ ~Oi,30.C::O {FJ~


.

17.

8 16/16

Citee must report to (specify) :

attorney fees in the total amount of$ \ q

,o96 00 {~) payable to (specify name):

Sucherman. Insalaco LLP, 101 Mission Stre~t, Suite 1640, San Francisco, CA 94105
[Dfines in the total amount of$
5,000 P~o.bltc!. ~ .0-L4-\.7

Cl The contempt proceedings are suspended on condition that citee comply with all terms and conditions of this order.

CJ Imposition of sentence is suspended on condition that citee comply with all terms and conditions of this order.
CJ Execution of sentence tor CJ
hours of community service
D
hours in county jail

will be suspended for a period of


and citee Is placed on court probation on condition that citee
comply with all terms and conditions of this order, and
a.
Comply with current support order.
b.
Pay at least $
per month on current support order, payable to (specify name):
commencing (date) :
c.
Pay at least $
per month on arrears commencing (date):
d.
Serve any remaining hours not suspended as specified in items 13 and 14.

CJ

CJ
CJ
CJ

18.

CJ Citee must seek and maintain employment and must keep written records, copies of which must be forwarded by the 5th day
of each month as follows to the
D Local Child Support Agency CJ court

0 other (specify):
a.
b.

Records of efforts to gain employment must include the name, address, and telephone numbers of Individuals a_n d
firms contacted regarding employment,, the dates of such contact and the anticipated results.
Records of all actual employment must in9h.~e the name of the employer, dates, and hours worked and the gross
and net amounts of income from each employer.

...
"

Fl-415 [Rev. July 1, 2003]


fQ)llfoninDaW

le!J BSENl!At FliRMS"'

FINDINGS AND ORDER REGARDiNG C0"4tEMPT. .


(Family Law-Domestic Violence Prevention- .. .
Uniform Parentage--Governmental)

. i
.~

. f'

Page2 af3

.'---'

. . PETITIONER/PLAINTIFF:
jREsPoNoENTtoEFENDANT:

l{en Evilsizor

CASE NUMBER:

013-01648

Joseph James Sweeney

OTHER PARENT:

19. Orders for payments required to be made as conditions of probation or suspension of sentence in this order do not modify a court
ordered support obligation.

20. Citee must provide written notification to the superior court clerk of any change in residence and to
the local child support agency
th'e other party
of any change of residence, Income, or employment within 1o days of the change.

21.

22.

Cl

D Awage and earnings assignment will issue.


D This matter is continued to (date) :

at (speafy time):
in court department (specify):
room (specify) :
of this court for
compliance review. Citee is ordered to personally appear In court on that date ar_d time.

Cl further hearing

WARNING: Failure to appaar may rMult in i~~uanea of a bMeh warrant for eitaa'~ arr~~
23.

A Warrant of Attachmentwlll issue for citee's arrest Bail is set in the sum of: $
Execution of the Warrant of Attachmentis stayed until (date) :

at (specify court name):


24.

Other (specify):
.,, . ' ( ..

~ .;.

25. Number of pages attached:

l.
Date:

Approved as conforming to court order and findings:


Date:
(JUDICIAL OFFICER OF lliE SUPERIOR COURT)

CJ

Signature follows last attachment .

The cltee agrees to the above terms:


Date:

(SIGNATURE OF CITEE)

FL-415 [Rev. July 1, 200:3)

~BSNmi"roeMs

RNDINGS AND ORDER REGARDING CONTE.MPT


(Family Law~Domestic Violence Prevention
Uniform Parentage-Governmental)

10

Page3of3

The Order to Show Cause for Contempt related to violations by the citee, Joseph
Sweeney, of a Domestic Violence Restraining Order issued on May 6, 2014 (hereafter
"restraining order"). The restraining order prohibits Mr. Sweeney from "using, delivering,
copying, printing or disclosing the messages or content of Petitioner's test messages or email
messages or notes, or anything else downloaded from her phone or from what has been called the
family computer except as otherwise authorized by the court.''

In September of 2015 Mr. Sweeney created or publicized a web~ite 'entitled


"DivorcingtheEvilsizors.com" in which he described how it cmne to be that he gained access to
Ms. Evilsizor' s phone and read and downloaded her text messages, bank records, and other
materials that are covered by the restraining order. In the website Mr. Sweeney :further describes
in great detail much of the information he found.

Mr. Sweeney admitted in prior sworn.testimony and at trial that he is the owner or only
partner of the LLC that owns the website at issue; that he created and posted the content on the
website; and that he had knowledge of the restraining order (and in fact he represented himself ll;t
the appeal of the order and his petition for review of the appellate comt opinion made to the
California Supreme Court).
It is clear beyond any reasonable doubt that the information laid out in Counts. 1-5 of the
. Order to.Show Cause did originate from M.s. Evilsizor's phone~ and computers. This is clear
from the website itself, where Mr. Sweeney, in his own words, admits this information originated
from the phone (see Exhibit B to the OSC and especially the sections cited in Exhibit D and read
into the record at trial). Ms. Evilsizor's testimony also supports this finding.

Mr. Sweeney asserts that because the material at iSS1Ue has been disseminated elsewhere
since the time that he first viewed and downloaded it from Ms. Evilsizor's phones and
computers, for instance when Ms. Evils~r filed her DVPA request for restraining orders, and in
his appeal of the order that was granted, that this is a waiver and he can no longer be required to
comply with the restraining order. The Court does not agree with this position, and finds it
untenable, for a variety of reasons, as laid out in the Court's oral decision as stated on the record..

Mr. Sweeney further argues thadh~ restraining order is void or unconstitutional.


However, the appellate court has heard his appeal and affirmed the .order.

11

-...,

-.

The information published in relation to Counts 1-5 was without doubt eXtremely
personal and sensitive in nature, a~.d very clearly cove:r:ed by the restraining order:
The information published in each of Counts 1-5 is of a different nature, and each count
lays out a separate and specific violation of the restraining order.
The evidence shows, beyond a reasonable doubt, that a lawful order was made; Mr.
Sweeney had knowledge of the order; Mr. Sweeney had the ability to comply
with. the order; and .
.
:Mr. Sweeney willfully, and indeed maliciously, disobeyed the order.

In the 20 months that this Court has been hearing family law contempt OSCs, during
which it has heard more than 100 such cases, the Court has never incarcerated a citee, until this
case.

Mr. Sweeney's violations of the family court's order are so blatant, and so clearly

malicious and for pmposes of haia.ssing, humiliating, and embarrassing Ms.-.Evilsizor, that there
must be accountability to the full extent permitted by law.

12




Exhibit B

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(X) INMATE REQUEST FOR INFORMATION

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White: To Booking




Exhibit C

15

MORRISON LAW FIRM


156 EAST THIRD STREET
PITISBURG, CALIFORNIA 94565
(925) 432-4731
FAX: (925) 432-4730
jmorrison@morrisonlawfirm.comcastbiz.net
DANA CLOUD MORRISON

JAMES D. MORRISON

August 25, 2016

SENT VIA FACSIMILE


West County Detention Center
Attention: Mary
Civil Clerical Supervisor
Facsimile No. (510) 262-4298
Re:

JOSEPH SWEENEY '

Dear Mary:
Enclosed is a copy of the Court's Order. Mr. Sweeney received 5 days for each
violation for a total of 25 days. Nowhere do I see any provisions that PC 4019 does not
apply. In fact, the Judge reluctantly stated that Mr. Sweeney would be getting half-time.
Penal Code 4019(a)(3) states that Mr. Sweeney is entitled to 4019 credits
(attached). Please correct immediately and contact me. If the Sheriff does not agree,
please contact me immediately so I may take the next step.
Very truly yours,

~\

't
If,!

C21 '

~.

\HI

JameS,'D. Morrin .
;

JDM:dk
Encls.

I
\j

16

. i

FL-415
. FOlf COURT USE ONLY

ATTORNEY OR PARTY WITHOUT ATTORNEY (nams, slats bar number, and addifis) or
GOVERNMENTAL AGENCY (putsuant to FBITIHy Code, "17400, 17404):

Michelene Insalaco

161711
Sucherman . Insalaco LLP
101 Mission Street, Suite 1640
San Francisco, CA 94105
_
TEt.EPHONENO.(Opllona/): (415) 357-5050
FAXNO.(OptlDnBI}; (415) 35750~1
E-MA1LADoREssrop11onav:
mi@sucherman-insalaco.com
ATTORNEY FOR (NsmeJ:
Keri Evilsizor

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

AUG 1 6 2016

751 Pine Street


MAIUNGADDRess: P.O. Box 911
c1TY ANO zip cooe: Martinez, CA 94553
sTREETAooRess:

BRANCH NAME:

PETITIONER/PLAINTIFF:
RESPONDENTIDEFENDANT:loseph James

Sweeney

OTHER PARENT:
FINDINGS AND ORDER REGARDING CONTE_MPT

CASE NUMBER:

013-01648

Famil Law

i::J

fXI
fXI
r:::J

W
W
CJ

: "'

This matter proceeded as follows:


Uncontested
By stipulation
Contested

a. Date;. .August 12, 2016


Dept.: _ 29
Judicial officer: Hon. Edwar<f.-G.--Mills
b.
Petltioner!Plaintiff present
Attorney present (name): Michelene Insalaco
c.
Respondent/Defendant present
Attorney present (name) : James Morrison
d.
Other parent present
Attorney present (n,ame): . ~
~ - . ', .le
..
,..r .[.
f~
e. Govel'T)mental llg~ncy by (name):
' -. . f. .
'O ther ap?earances (specify) :
_
~: Orfthe' b'rder to Show Cause and Affidavit tor Contempt(iorm 'FL416f
Filed by Keri Evilsizor
on (aate): pecember 14, 2015
1.

f' -

2.

The ucitee" for purposes "of this order is- , ..


Other (specify) :

CJ
3.

a. . Cltee has been advised of rights to:


(1)
counsel.";. : . : . :..<>

lXI

b.

' :J

Petltioner/PJaintiff
, , . ..

: J..

IXI

(5)
(6)

IXI
CJ

CJ

Written advisement and waiver of rights attached.

.J_

- -.

..

:~

(2)
.(3)
(4)

IX]

ll] .Respc;mdent/Defendant.

appointed counsel
'
continuance to obtain counsel
a hearing/trial (to cross-examine, call, and compel the attendance of
witnesses)
privilege against self-incrimination
other (specify) :

IXI

W
W

requested
requested
requested
requested

0
i:J
r:::J
0

waived right
waived right waived right
waived right

requested
requested

IXI

waived right
waived right

r:::J

THE COURT FINDS:


4. IX] Citee knowingly, intelligently and voluntarily waived rights as set forth in item 3.
5.

a.
b.
c.
d.
e.
f.

6.

W
W
IX]

0
D

There are valid orders of the court.


Citee had knowledge of the orders.
Citee violated the orders by (specify):

.See attachment.

Citee has freely and voluntarily admitted to the defaults/violations specified In item 6.
There is a factual basis for the plea entered.
Other (specify}:
' .Ji ~

Citee Is guilty of contempt of court for the following counts (defaults/violations) alleged in the Order to Show Cause "and

Affida.vit{:!_r_~~n~mpt~rm FL-410) ($.f!ecify):

V,o\a.~~ o-\-

Fonn Apprcved for Optional Use


Judicial Council of California
. FL-415!Rev. July 1, 2003]
~-Dean~

~ BmffiAL fnRMf"

Counts 1, 2, 3, 4 and 5. (See exhibit D of OSC filed 12/14/15

for enumerated counts of violations.)"

~a:\

FINDINGS AND ORDER REGARDING CONTEMPT


. Ience p"revent"ion
(Fam II y Law-D0!119Sti c V10

Uniform Parentage-Governmental)
17

.-

Page 1 of 3

Family Code, moo, 11402, 174{]4


CCP, 1209, 1218
www.courtinfo.ca.gov

'.

:-

'
PETITIONER/PLAINTIFF: Ken cVITSIZOr
jRESPONDENT/DEFENDANT: Joseph James
OTHER PARENT:

7.

a.

013-01648

1XJ Citee is not guilty of contempt of c~urt for thefollowing coun~s (defaults/violations) alleged in the oi~e~ to Show Cause ind.

Counts 6, 7,.8, 9, 10 and 11. (See exhtbtt D of osc


filed 12/14/15 for enumerated counts of violat.ions.)

Citee has a previous ffnding of contempt (sp~cify):

b.

i:::J

Citee waived time for sentencing.

W Citee waived time for trial.


D Citee failed to appear as ordered.
i:::J Other (sp~cify) .:

..

THE COURT ORDERS


12. a. i:::J That the following counts alleged in the Order to Show Cause and Affidavit for Contempt(form FL-410) (specify) :
b.
13.

are dismissed
0 with prejudice
0 without prejudice.
That the request to dismiss. the following counts alleged in ~he Order to Show Cause and Affidavit for Contempt{form
FL-410) (specify):
i~ denied.

Citee must perform


hours of community service for counts (specify):
a. 0 To commence on (date) :
to be completed by (date) :
... ., ""'""<> ..,....._ . Citee must report to (specify):
..., ..... ,,.,.~..,,,"" . ,.
on (date):
at (time):
b.
Citee must pay an administrative fee
of$

14.

Citee must report to (specify) :


on (date) :

at (time) :

".

W Citeemustpay: C<:x..\.2.A-eos_\s ~ ~ &ct30.C:C {FJ~

16. a.
b.

a.

w attorney fees in 'the total amount of$ \ q oao .00 (.-) payable to (specify name):

b.

W fines in the total amount of$

0
0

The contempt proceedings are suspended on condition that citee comply with all terms and conditions of this order.
Imposition of sentence is suspended on condition that citee comply with all terms and conditions of this order.

17.

0
D. as determined by the community service agency

W Citee must serve ~


::.5 f."in the county jail for counts (specify): 1, 2, 3, 4 and 5.- 5~ "2.A.ch Cout\
W To commence on {date): 8 16/16 +6r\-hu.:>t.lJNo be completed by (date):
C:Of\.~C.U..ttu ..J2...

.
15.

-rc:?~O~ ( llG II'\.)

Sucherman. Insalaco LLP, 101 Mission StreSlt, Suite 1640, San Francisco, CA 94105
5,000 ~~o.'olra. ~ ~ -L~ -\.7

D
hours in county jail
hours of community service
will be suspended for a period of
and citee is placed on court probation on condition that citee
comply with all terms and conditions of this order, and
a. D Comply with current support order.
Pay at least$
b.
per month on current support order, payable to (specify name):
commencing (date) :
c. Cl Pay at least $
per mpnth on arrears commencing (date) :
d.
SeNe any remaining hours not suspended as specified in items 13 and 14.

CJ Execution of sentence for

CJ

18.

Citee must seek and maintain employment and must keep written records, copies of which must be forwarded by the 5th day
of each month as follows to the
Local Child Support Agency
court
D other (specify) :

a. Records of efforts to gain employment must include the name, address, and telephone numbers of individuals a_nd
firms contacted regarding employment, the dates of such c0ntact and the anticipated results.
b. Records of all actual employment must ingl~e the name of the employer, dates, and hours worked and the gross
and net amounts of income from each employer.

..._: ...~'. . j.
FL-415 [Rev. July 1, 2003]

(Q) ManinDmu
~ EsSEHilAi FtiRMS"'

FINDINGS AND ORDER REGARDING CO~IEMPT ..


(Family Law-Domestic Violence Prev~ntion- .
Uniform Parentage-Governmental)

18

fl.":}

"' .

.';

'

'

>

CASE NUMBER;

Sweeney

AffidavitforContempt(form FL-410) (specify):

8.
9.
1O.
11.

. ,,
Page2 of3

'----"'.

PETmoNERIPLAINTIFF:

~esPoNoENTtoEFENDANT:

Ken Evifs1zor
Joseph James Sweeney

CASE NUMBER:

013-01648

OTHER PARENT:

19. Orders for payments required to be made as conditions of probation or suspension of sentence in this order do not modify a court
ordered support obligation.

20. Citee must provide written notification to the superior court clerk of any change in residence and to
D the local child support agency D the other party
of any change of residence, income, or employment within 1O days of tne change.

D
D

21.

22.

A wage and earnings assignment will issue.


This matter is continued to (date) :
at (spedfy time):
In court department (specify):
room (specify):
of this court for
0 compliance review. Citee is ordered to personally appear In court on that date ar.d time.
WARNING: Failure to appear may result in issuance of a bench warran~ for citee's arr~si.

23.

D
CJ

A Wanant of Attachmentwill issue for citee's arrest Bail is set In the sum of: $
Execution of the Warrant of Attachment is stayed until {date):
at (specify court name):

24.

CJ

Other (specify):
'

further hearing

......... .

25. Number of pages attached:


Date:

CJ

Approved as conforming to court order and findings:


Date:
(JUDICIAL OFFICER OF THE SUPERIOR COUAl)

Signature follows last attachment

The cltee agrees to the above terms:


Date:

(SIGNATURE OF CITEE)

FL--415 [Rev. JUiy 1, 2003]


~ M12rtinDconS

~ fmNTIAJ. FORMS"'

FINDINGS AND ORDER REGARDING CONTE.MPT


(Family Law-Domestic Violence PreventionUniform Parentage-Governmental)

19

Pege3of3

..

The Order to Show Cause for Contempt related to violations by the citee, Joseph
Sweeney, of a Domestic Violence Restraining Order is~ued on May 6, 2014 (hereafter
"restraining order"). The restraining order prohibits Mr. Sweeney from "using, delivering,
copying, printing or disclosing the messages or content of Petitioner's test messages or email
messages or notes, or anything else downloaded from her phone or from what has been called the
family computer except as otherwise authorized by the court."

In September of2015 Mr. Sweeney created or publicized a web~ite 'entitled


"DivorcingtheEvilsizors.com" in which he described how it came to be that he gained access to
Ms. Evilsizor' s phone and read and downloaded her text messages, bank records, and other
materials that are covered by the restraining order. In the website Mr. Sweeney further describes

in great detail much of the information he found.


Mr. Sweeney admitted in prior sworn.testimony and at trial that he is the owner -or only
partner of the LLC that owns the website at issue; that he created and posted the content on the
order (and in fact
he represented himself iI,1.
website; and that he had knowledge of the restraining
.
.
the appeal of the order and his petition for review of the appellate court opinion made to the
California Supreme Court).
It is clear beyond any reasonable doubt that the information laid out in Counts_1-5 of the
. Order to .Show Cause did originate from Ms. Evilsizor's phone~ and computers. This is clear
from the website itself, where Mr. Sweeney, in his own words, ~ts this information originated
from the phone (se~ Exhibit B to the OSC and especially the sections cited in Exhibit D and read
into the record at trial). Ms. Evilsizor's testimony also supports this finding.

Mr. Sweeney asserts that because the material at is~ue has been disseminated elsewhere
since the time that he first viewed and downloaded it from Ms. Evilsizor' s phones and
computers, for instance when Ms. Evils~r filed her DVPA request for restraining orders, and in
his appeal of the order that was granted, that this is a waiver and he can no longer be required to
comply with the restraining order. The Court does not agree with this position, and finds it
untenable, for a variety of reasons, as laid out i,n the Court's oral decision as stated on the record.
Mr. Sweeney further argues thatih~ restraining order is void or unconstitutional.
However, the appellate court has heard his appeal and affirmed the order.

1
20

The information published in relation to Counts 1-5 was without doubt eXtremely
personal and sensitive in nature, all.d very clearly cove~ed by the restraining order:
The information published in each of Counts 1-5 is

of a different nature, and each count

lays out a separate and specific violation of the restraining order.


The evidence shows, beyond a reasonable doubt, that a lawful order was made; M r.
Sweeney bad knowledge of the order; Mr. Sweeney bad the ability to c~mply with the order; and .

Mr. Sweeney willfully, and indeed maliciously, disobeyed the order.


In the 20 months that this Court has been hearing. family law contempt OSCs, during
which it has heard more than 100 such cases, the Court has never incarcerated a citee, until this
case. Mr. Sweeney's violations of the family court's order are so blatant, and so clearly
malicious and for pmposes of harassing, humiliating, and embarrassing Ms.--Evilsizor, that there
must be accountability to the full extent permitted by law.

21

Page 1of11

4019. Application of section to certain prisoners; w:irkperformance and good behal.ior tirre credit I 11\/estlaw

WEST LAW
NOTES OF DECISIONS (248)
Validity

West's Annotated California Codes

Equal protection

PenalC.Ode(Refs &Annas)
T'\

~ .....

r'\CT-...

Due process

--!------.i.. __ .J ....1__

T"\.- -.LL n -.- -1~ . / n

... C'- " - " - -

- -'

4019. Application of section to certain prisoners; work performance and good behavior time credit
West's Annotated Galifornia Codes

Penal Code

B'f ective: January 1, 2015

(Approx. 3pages)

Construction and application


Construction with federal law
Construction with other laws

Chapter 1. County Jails (Refs &Annos)

Relroactiw application
Preemption
Legislative intent

Proposed Legislation

Purpose
Actual cus tody
Presentence

Effective:January1,2015

custody

Nonpenal institutions
Drug treatment programs

West's Ann.Cal.Penal Code 4019

Parole
Probation

4019. Application of section to certain prisoners; work

performance and good behavior time credit


' ":r:.;:.,;,,.:;.~-i.."'"-'' ,.__ ,

-- ""~ ' ~-

..

- - --- -- -Currentness

Electronic monitoring
Weekend sentencing
Private work program

. ., - -~ ; .., ,'!'. ; :"t.. -_,

Discretion of court
Mminlstrative determination

- -- - -- --- ------- ------

-- - -- --

Presentence conduct credit

Computation of credit

(a) The provisions of this section shall apply in all of the following cases:
(1) When a prisoner is confined in or committed to a county jail, industrial farm, or road
camp, or any city jail, irdustrial farm, or road camp, including all days of custody from the
date of arrest to the date on which the serving of the sentence commences, urder a
judgment of imprisorment, or a fine and imprisonment until the fine is paid in a criminal
action or proceeding.

Forfeiture of credit
Limitation of custody credits
Ban on credits
Correction of sentence
Youthful offenders
Waiver of credits
Counsel , ineffectiw assistance of
Jneffectiw ass istance of couns el
Abstract of judgment
Judgment, abstract of

(2) When a prisoner is confined in or committed to the county jail, industrial farm, or road
camp or any city jail, industrial farm, or road camp as a condition of probation after
suspension of imposition of a sentence or suspension of execution of sentence, in a

Evidence , sufficiency of
Sufficiency of evidence
Remand

criminal action or proceeding.


(3) Wien a prisoner is confined in or committed to the county jail, industrial farm, or road
camp or any city jail, irdustrial farm, or road camp for a definite period of time for
contempt pursuant to a proceeding, other than a climinal action or proceeding.
(4) Wien a plisoner is confined in a county jail, industrial farm, or road camp, or a city
jail, industrial farm, or road camp following arrest and prior to the imposition of sentence
for a felony conviction.
(5) V'vt!en a prisoner is confined in a county jail, industrial farm, or road camp, or a city
jail, industrial farm, or road camp as part of custodial sanction imposed following a
violation of postrelease community supervision or parole.
(6) When a prisoner is confined in a county jail, industrial farm, or road camp, or a city
jail, industrial farm, or road camp as a result of a sentence imposed pursuant to
subdivision (h) of Section 1170.
(7) VVhen a prisoner participates in a program pursuant to Section 1203.016 or

22

https://1.ne.xt.v.estlaw.com'Documenl/N23356981486411 E4AB45958613EBA383/View'FullText.him ?nalAg alionPath=Searcho/o2Fl.G%2Fsearch%2F...

August 25, 2016




Exhibit D

23

r".VV..:1fUU"t

0812512016 10:45
0811712016 16:30

P.0021003

p, 2

No. 0989

Aug, 17. 20H 9: 17PM

,'

PitmONERIPWNTlf'l't

.er

Zor

'

'C*N~

GSPONOENTIDEFiNOANr: jo.seph James Swe~ney


Q1HlilR PARSNT:

.. .

013-0.1648

Cl Oltff waiVed itme for 8ortteridn;.

s.

9. (XI Citee waived time fartrkll.


10.

11.

l:l at. fail.d tg BPPW as ol'QeM,


c:J

Othar~;

...

THE COU.lrr ORl>!:RS . .


.
12. a. Cl 'l'heUk 'r:ilfQWJng GOUn1S alld In~ Otrlet~ S!Jrm cause Biid AJ6r.Javit for eontempr(fonn Fl-4-W) (~ !
.
. , .

Q ~ ~udlo : .

. are 011ml!itd

b.

FL.~10) (IJPff:lr/):

1a.

t:J wtthot!l ~~1udica~ .

..

. " .

to

a. l:;J To cumrnanc:e on (dalf) i .


. ; : ..... be~~ .E1Y (dlt9>.:
Cllet f!lut:tfeport.to ~)! . . . : :: . . '. . " . "
on (date):
. , . :. . . .
r-a . ... ...at~''

lade~

. ho~~ OfcommUrufy:nfor'IXl~'(f'.Wal&J:

CJ ciree mustperfMn

b. i:J Cl\te ril\llt pay"in ldrnlt)I~ fq . ._. :~~ $

14.

.. .

c:J Thist~ ~=~mil~-fvllowi~go0unm .auegec1ItttiaOr*toSflowC!u.#andAb~fo/CMtempt(fOnn

-t..

; .

,,., . ' .;_ ..... -.-;,.. ,.,; .., ...

~-

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~ ,\()
".' (~'!-\.}: " :. .,. .... .'.'.''._ 1 "... ~ A d5 . ~~":Cd ' ' ~~-,
ID Cft8e ml31~rw ~
: .:... ... ~ inilt&~.:~1.fO!'~Ullf.t(~). ' ., ,, w.; ""'an "':~~ ~., : - ~ i~ -,-,,~,-~<:.-:~;.,::;,,""~:':'(
ag ,.o_O<imrne1:10e_on (dJ.:. . 16/1~
eltlia m~ raperHc (sp:Hy}: .. .
0

: ,-~:r"'~~be~ompl'e:tectbyfdareJ~

. :.

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."

:.

fJ~, . : '., ~. -'1~ i< \ :1


~-~~,~.~~~

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. a. aa:aui:im~-nt!ietotil~moiiitd,ff

\q.c;:eo ~exp_ {~)MiabltO (~namoi~ .


'
Sucherman. Ih$alace ._ LIJ).~ .1~1 Mission:~~. ~~1~ _~$~,, sanFranc1sm, CA 94105

b. Wnn~ .ioihe~~m1;1un1~:~ :

18. ...
b,

17.

5;.00Q P~o,'01& ~~-l.4'.""'\.7


Th~pt pnJCHdlngt ert tUIPtT'l~~l\.eondlU()n. lh&t ~:plywbh ~ 1\1\d OOfld~ Qf'ttlts. orUr--.
Cl 1mpm~ol'.\. cf -'.l'lntence 1s suspended ari cor,d~ioit th~ ctl!rlPly 'Mt.Ii a!'l ferms.~d col"ldltlOl'lt r1f th! Qf$r~

Cl ~ot.~tOt .Cl . . '. ho11rt,.cif~~-~ f :l.


. . J:Kiur1ln,~myjlil.
YA!l bll euarJifldod ~rpel'lod cf .":

'.
. Md.dtea la"ptl(Cjid '1ccuttp.robatfon:.au~ndlfion that ollt&
campry .With .a11 11i!nilnn~ !=on~ lill''tl'iis ordr. ~nci .-. ...

a. CJeo.mplY.Y.o'fth ~UP.II~~-~
b.

c:l Pay~ least $.

" ,. . . .' .. .

,. . . ' : per .month o!l ci;.ir~nt W?Pgrt ~nisr. pf!~~ to(sp.i;lfy ~;:

.. . . .

c. Cl P!lYatleut$

" '

.
" '.

: . . . . .... ;:.- ". :.: QQmfTjtto1ni(dDJ~

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c:J ~ mUst 1itJc.1iui;m.tra;m:~1~~nt "'(s~~-~-:,~n:~~.,.~p~ otwtiton must b9 fOlwlrd~ b;thv ~ da'f
d;

11.

:a

at~ mollltl'.ee l'Ol-'til ~a: ....


~-Ctilfff"~Pf.IO~.Ageney. : ~CJ :t:aut'f . "."
.
.
. .. . .
'c:Jortier(Spea'M: .' .' . ..": . , '..
.. ..\ . . .-:: '.: . , .
a. Reoordaof'atforta tc gllln mploymiint ntl.lft.ln0lud6 thtname, add and tll;r:>hGfia .ttllr'ntle'11 ot inaM::fuBls ~
firm11 ~ :~ntrng. et'OJ'!"YJ1181'1ti t11ec w. of euch comact_M d lhe ~~-l'UUl\I. . .

b.

>,...:.. .'..

~qani$.of 11;~ aetua~ ~plgymenhnusc 1nc1ude ~11 nsimi .ot1h8:8p,p!~.cJatas, ,ndhoum wo1:~ecf and IJ'l.e ~
and netiamouniti.oflni:omstrom ~h emJi'r. '
: ._. : :
'

, . ....: :> '

l'L-ll'' 11\WV.iuJy 1. ~

(g)BiftW .

F1~DlNG6
.AND
ORDER
ReGAADING
GOl'fteMP'F"

.
. .
.
. .
. .
. .
. . . '!.
,,,_:......... ..
... (f.a.,..i1y i.aw.oom-.rc..Viol~.~ ~t'IWftr,itir;i.,~- .
. .
Plriinta~~t;t) .

. . . ',
.. . . .
. .. : ' . :. .'
: .

. . :.... u""or.m

..

24

:.

'

-~

'




Exhibit E

25

MORRISON LAW FIRM


156 EAST THIRD STREET
PITISBURG, CALIFORNIA 94565
(925) 432-4731
FAX: (925) 432-4730
jmorrison@morrisonlawfirrn.comcastbiz.net
DANA CLOUD MORRISON

JAMES D. MORRISON

August 25, 2016


The Honorable Bruce C. Mills
Contra Costa Superior Court
Department 29

Re:

Evilsizor v. Sweeney
Contra Costa Superior Case No. 013-01648

Dear Judge Mills: -


You sentenced Mr. Sweeney on August 16, 2016 to 25 days county jail. I did not
receive the written Findings until August 19, 2016. A copy of those are enclosed.
At sentencing on Friday, August 12, 2016, you made the comment that Mr.
Sweeney would be receiving half-time. In fact, PC 4019(a)(3) specifically states that
half-time credits apply. Evidently, the Order that was served on me is different than the
Order served on the Sheriff; why I don't know. I assume the handwritten comment is
merely an error. Certainly the finding was never made in open court and is contrary to PC
4019(a)(3). I have enclosed a copy of both pages and ask that the Court immediately
correct its decision by deleting the comment, "No good time credits to be given." I ask that
you notify the Sheriff and myself immediately of this change. Thank you.
Very truly yours,

1JI1
1

Ja1 /.

'Merri

cc:

Michelene Insalaco, Esq.


Mary Algandro, Civil Supervisor
Sheriffs Office

26

;-

FL-415
FOR COURT USE ONLY

ATTORNEY OR PARTY WITHOUT ATTORNEY (name, state bar number, and addmss} or

GOVERNMENTAL AGENCY {pursuant to FsmDy Code, "17400, 17404):

Michelene Insalaco
Sucherman . Insalaco LLP
101 Mission Street, Suite 1640
San Francisco, CA 94105
TELEPHONE NO.(Optlonal): ( 415) 357-5050

161711

FAX NO.(Optlonal): (

mi@sucherman-insalaco.com
AnoRNev FOR rrvame;.
Keri Evilsizor

415)

357-50~ 1 .

E-MAILAD0Ressrop11anal):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF


STREETAooRess: 751 Pine Street
MAlLINGAooRess:

AUG 1 6 2016

P.O. Box 911


CA 94553

crTY AND zip cooe: Martinez,

RESPONDENTIDEFENDANTJoseph

James Sweeney

OTHER PARENT:
FINDINGS AND ORDER REGARDING CONTE.MPT

CASE NUMBER:

013-01648

Famil Law

W
W

W
W
0

: ~.

By stipulation
Contested
This matter proceeded as follows: D Uncontested
a. Date;. August 12, 2016
Dept.: _ 29
Judicial officer: Hon. Edward,G.-Mills
Attorney present (name): Michelene Insalaco
b.
Petitioner/Plaintiff present
Attorney present (name): James Morrison
c.
Respondent/Defendant present
Other parent present
d.
D Attom~y
present (nfMT1e): . ~ ..
~
. . ,.a.

,.. . " ~
.
. _ e. . Gove111mental ;liQ_~ncy by (name) :
. . {. 0. 'Odier appearances {specifjr):
..
_
g: Ori'"the' brder to Show Cause and Affidavit tor Contempt(iorm Ft41 O)~ '
Filed by Keri Evilsizor
on (date) : ,December 14, 2015
1.

2.
3.

The "Citee" for purposes of this order is-


D Other (specify):

l.:J

PeiitioAer/Plaintiff
, , . ,

W .Respc:indent/Defendant
'

a.. Citee has been advised of rights to:


(1)
coun~I - "';. : : - .:. -.~> - '.J u ._. ..
(2)
appointed counsel
'
(3)
continuance to obtain counsel
a hearing/trial (to cross-examine, call, and compel the attendance of
(4)
witnesses)
(5)
privilege against self-incrimination
(6)
other (specifjr) :
b.

"

''~

W
W
I.XI
I.XI

W
W
W
W

requested
requested
requested
requested

W
D

0
D

requested
requested

,.~

'

D
I:]

D
0

waived right
waived right
waived right
waived right
waived right
waived right

Written advisement and waiver of rights attached.

THE COURT FINDS:


4.
Citee knowingly, intelligently and voluntarily waived rights as set forth in item 3.

5.

6.

a.
b.
c.

IXl There are valid orders of the court.

W
W

Citee had knowledge of the orders.


Citee violated the orders by (specify) :

d.
e.
f.

0
D
0

Citee has freely and voluntarily admitted to the defaults/violations specified in item 6.
There is a factual basis for the plea entered.
Other (specify):
' Ji ;f

See attachment.

Citee is guilty of contempt of cou"rt for the following counts (defaults/violations) alleged in the Order to Show Cause imd

Affide..vit{!!_r_~!!...n~mptf){)rm FL-410l ftmecify):

V'cla."TI.OI" ~ oT-

Counts 1, 2, 3, 4 and 5. (See exhibit D of DSC filed 12/14/15

for enumerated counts of violations.)

lC)o=t,
FINDINGS AND ORDER REGARDING CONTEMPT

Fonn Approved for Optional Use


Judicial Couneil or California
FL-415 [Rev. July 1, 2003]

~ MartiJlDi:an~

~ fSSOOIAl FORMS"'

{Family Law-Do!'Jlestic Violence PreventionUniform Parentage-Governmental)


27

Page 1 of3
Family Code, 17400, 17402, 11404

~~~~t~1~1

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'
PETITIONER/PLAINTIFF:
["-REsPONDENT10EFENDANT:

Ken cVITSIZOr

<

CASE NUMBER:

013-01648

Joseph James Sweeney

OTHER PARENT:

a. [XI

7.

Citee is not guilty of contempt of court for thefollowing coun~s (defaults/violations) alleged in the Or~e~ to Show Cause gind .
AffidavitforContempt(form FL-410) (specify): Counts 6, 7/.8, 9, 10 and 11. (See exhtbtt D of

b.

CJ

8.
9.

D
W

1O.
11 .

Citee waived time for sentencing.


Citee waived time for trial.
Citee failed to appear as ordered.
Other (specify).:

,.

Citee has a previous finding of contempt (specify):

..

.~

osc

filed 12/14 1~ for enumerated counts of violations.)

THE COURT ORDERS


12. a. CJ That the following counts alleged in the Order to Show Cau:se and Affidavit forContempt(form FL-410) (specify):

b.

13.

are dismissed
0 with prejudice
D without prejudice.
That the request to dismiss. the following counts alleged in ~he Order to Show Cause and Affidavit tor Contempt{form
FL-410) (specify):
is denied.

Citee must perform


hours of community service for counts (specify):
a. D To commence on (date) :
to be completed by (date) :
.. " ""'"''-""'" _ . ..
Citee must report to (specify):
.... h"'""~ ""'" - ,.
on (date) :
at (time) :
b. D Citee must pay an administrative tee
D of $

L~~O~(BG""')

14.

CJ.as determined by the community service agency

W Citee must serve ~


~ ) in the county jail for counts (specify): 1, 2, 3, 4 and 5.- 5~ "'-ch Co\li\_
W To commence on {date): 8 16/16 -'6 r\-hu:> ~o be completed by (date):
C...O 1'.~C.i...l.\1.u~

Citee must report to (specify):


on (date) :

at (time) :

r \

r __I _ i ri. ::z.-. C::C L iJ ~

15. [X) Citee must pay: C~U-C.0.S.~ ~ ~

....,,:>-

a.

IXl attorney fees in "the total amount of$ \ q 066 00 {fl;- Jpayable to (specify name):

b.

W fines in the total amount of$

Sucherman. Insalaco LLP, 101 Mission Stre~t, Suite 1640, San Francisco, CA 94105
5,000 P~o.'olc2.. ~ ~ -~ 4.-\.7

D The contempt proceedings are suspended on condition that citee comply with all terms and conditions of this order.
CJ Imposition of sentence is suspended on condition that citee comply with all terms and conditions of this order.
CJ Execution of sentence for Cl
hours of community service
CJ
hours in county jail

16. a.
b.

17.

will be suspended for a period of


and citee is placed on court probation on condition that citee
comply with all terms and conditions of this order, and
a. CJ Comply with current support order.
b.
Pay at least$
per month on current support order, payable to (specify name):
commencing (date):
c. CJ Pay at least $
per month on arrears commencing (date) :
d.
Serve any remaining hours not suspended as specified in items 13 and 14.

CJ

18.

Citee must seek and maintain employment and must keep written records, copies of which must be forwarded by the 5th day
of each month as follows to the
D Local Child Support Agency
court
D other (specify):
a. Records of efforts to gain employment must include the name, address, and telephone numbers of individuals a_nd
firms contacted regarding employment, the dates of such contact and the anticipated results.
b. Records of all actual employment must ingh.Jlle the name of the employer, dates, and hours worked and the gross
and net amounts of income from each employer.

CJ

.. .

FL-415 [Rev. July 1, 2003]

(Q) llfaninDraiU
~ EsSENTIAt RIRMf"

. .-

FINDINGS AND ORDER REGARDiNG CONTEMPT- .


(Family Law-Domestic Violence Preventio~- " .
Uniform Parentage-Governmental)

28

. j. 'i. ... ~

.~

"'

..

., .
Page2 af3

.'--"

'--..,/'

PETITIONER/PLAINTIFF:

~esPoNDENTJDEFENDANT:

Keri Evils1zor
Joseph James Sweeney

CASE NUMBER:

013-01648

OTHER PARENT:

19. Orders for payments required to be made as conditions of probation or suspension of sentence in this order do not modify a court
ordered support obligation.

20. Citee must provide written notification to the superior court clerk of any change in residence and to

the local child support agency


the other party
of any change of residence, income, or employment within 1O days of the change.

21.

Cl A wage and earnings assignment will issue.

22.

This matter is continued to (date):

at (specify.time):
in court department (specify):
room (specify):
of this court for
compliance review. Citee is ordered to personally appear In court on that date aP_d time.
WARNING~ l=ailure to appear may result in issuanes of a bench warran! for citee's arrest.

CJ further hearing

CJ
23.

0
D

A Wanant of Attachmentwlll issue for citee's arrest. Bail is set in the sum
Execution of the Wammt of Attachment is stayed until (date):
at (specify court name) :

24.

Cl

Other (specify):

ot $

' ?(,_),: :

. ~i'' :: .: . . ;, .

25. Number of pages attached:

~
Date:

Approved as conforming to court order and findings:


Date:
(JUDICIAL OFFICER OF THE SUPERIOR COURT)

Signature follows last attachment

CJ

The cltee agrees to the above terms:


Date:

(SIGNATURE OF CITEE)

FL.-415 (Rev. July 1, 200S]

FINDINGS AND ORDER REGARDING CONTE.M PT

(Family Law-Domestic Violence PreventionUniform Parentage-Governmental)

29

Page3 of3

The Order to Show Cause for Contempt related to violations by the citee, Joseph
Sweeney, of a Domestic Violence Restraining Order issued on May 6, 2014 (hereafter
"restraining order"). The restraining order prohibits Mr. Sweeney from "using, delivering,
copying, printing or disclosing the messages or content of Petitioner's test messages or email
messages or notes, or anything else downloaded from her phone or from what has been called the
family computer except as otherwise authorized by the court."

In September of 2015 Mr. Sweeney created or publicized a web~ite entitled


"DivorcingtheEvilsizors.com" in which he described how it came to be that he gained access to
Ms. Evilsizor' s phone and read and downloaded her text messages, bank records, and other
materials that are covered by the restraining order. In the website Mr. Sweeney :further describes
in great detail much of the information he found.

Mr. Sweeney admitted in prior sworn testimony and at trial that he is the owner or only
partner of the LLC that owns the website at issue; that he created and posted the content on the
website; and that he had knowledge of the restraining order (and in fact he represented himself iI;i.
the appeal of the order and his petition for review of the appellate court opinion made to the
California Supreme Court).
It is clear beyond any reasonable doubt that the information laid out in Counts 1-5 of the
. Order to .Show Cause did originate from ~s. Evilsizor's phone~ and computers. This is clear
from the website itself, where Mr. Sweeney, in his own words, ~ts this information originated
.

from the phone (see Exhibit B to the OSC and especially the sections cited in Exhibit D and read
into the record at trial). Ms. Evilsizor's testimony also supports this finding.

Mr. Sweeney asserts that because the material at is~ue has been disseminated elsewhere
since the time that he first viewed and downloaded it from Ms. Evilsizor' s phones and
computers, for instance when Ms. Evils~r filed her DVPA request for restraining orders, and in
his appeal of the order that was granted, that this is a waiver and he can no longer be required to
comply with the restraining order. The Court does not agree with this position, and finds it
untenable, for a variety of reasons, as laid out j,n the Court's oral decision as stated on the record.

Mr. Sweeney further argues thatth~ restraining order is void or unconstitutional.


However, the appellate court has heard his appeal and affirmed the .order.

30

-.

The information published in r~lation to Counts 1-5 was without doubt eXtremely
personal and sensitive in nature, and very clearly covez:ed by the restraining order:
The information published in each of Counts 1-5 is of a different nature, and each count
lays out a separate and specific violation of the restraining order.
The evidence shows, beyond a reasonable doubt, that a lawful order was made; Mr.
Sweeney had knowledge of the order; Mr. Sweeney had the ability to c~mply with the order; and .

Mr. Sweeney willfully, and indeed maliciously, disobeyed the order. ,


In the 20 months that this Court has been hearing family law contempt OSCs, during
which it has heard more than 100 such cases, the Court has never incarcerated a citee, until this
case. Mr. Sweeney's violations of the family court's order are so blatant, and so clearly
malicious and for pmposes of haiassing, humiliating, and embarrassing Ms.--Evilsizor, that there
must be accountability to the full extent permitted by law.

''

2
31

Page 1 of11

4019. Application of section to certain prisoners: 'M)J'k performance and good beha'.ior tirre credit I Westlaw

WEST LAW

NOTES OF DECISIONS (248)


Validity

West's Annotated California Codes


PenalCode(Refs &Annos)

> .,,

,.,, --'-,...

Equal protection
Due process

,-,..CT----!-------.&. .. - . l ..1..1 __

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n ___

,i..__ rn_.1:_

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4019. Application of section to certain prisoners; work performance and good behavior time credit
West's Annotated California Codes

Penal Code

Effective: January 1, 2015 (Approx. 3pages)

Construction and application


Construction with federal law
Construction with olher laws

Chapter 1. Cotmty Jails (Refs &Annos)

Retroactiw application
Preemption
Legislatiw intent

Proposed Legislation

Purpose
Actual custody
Presentence custody

Effective:January1,2015

Nonpenal institutions
Drug treatment programs

West's Ann.Cal.Penal Code 4019

Parole
Probation

4019. Application of section to certain prisoners; work

performance and good behavior time credit


. ... , ...~;:, ~;.':,,.:...,,. ,

Electronic monitoring
Weekend sentencing
Private work program

.. . . . . ,, h ' "

Discretion of court

- - - -- -- - - __ Currentness _ _ __ _._ __ _

Administratiw determination

- - - - --- - - - - -- -Presentence conduct credit

Computation of credit

(a) The provisions of this section shall apply in all of the following cases:
(1) \f\lhen a prisoner is confined in or committed to a county jail, industrial farm, or road
camp, or any city jail, irdustrial farm, or road camp, including all days of custody from the
date of arrest to the date on which the serving of the sentence commences, urder a
judgment of imprisonment, or a fine and imprisonment until the fine is paid in a criminal
action or proceeding.

Forfeiture of credit
Limitation of custody credits
Ban on credits
Correction of sentence
Youthful offenders
Waiwr of credits
Counsel, ineffectiw assistance of
lneffectiw assistance of counsel
Abstract of judgment
Judgment. abstract of

(2) V\lllen a prisoner is confined in or committed to the county jail, industrial farm, or road
camp or any city jail, industrial farm, or road camp as a condition of probation after
suspension of imposition of a sentence or suspension of execution of sentence, in a
criminal action or proceeding.

E-.idence, sufficiency of
Sufficiency of e>Adence
Remand

(3) \M1en a prisoner is confined in or committed to the county jail, industrial farm, or road
camp or any city jail, industrial farm, or road camp for a definite period of time for
contempt pursuant to a proceeding, other than a criminal action or proceeding.
(4) V\lllen a prisoner is confined in a cotrlty jail, industrial farm, or road camp, or a city
jail, industrial farm, or road camp following arrest and prior to the imposition of sentence
for a felony conviction.
(5) \f\lhen a prisoner is confined in a county jail, industrial farm, or road camp, or a city
jail, industrial farm, or road camp as part of custodial sanction imposed following a
violation of postrelease community supervision or parole.
(6) V\lllen a prisoner is confined in a .county jail, industrial faITTl, or road camp, or a city

jail, industrial farm, or road camp as a result of a sentence imposed pursuant to


subdivision (h) of Section 1170.
(7) Wien a prisoner participates in a program pursuant to Section 1203.016 or

32

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Exhibit F

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3

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF CONTRA COSTA

6
7

UNREPORTED ~IThlJTE ORDER


10

:..1
Keri Evilsizer,

l .2

Case No.Dl3-01648

Petitioner
14
VS.

:s

., Joseph SweeneY,i
16

R espondent

17

18

The Court modifies t.he sentence imposed on August 16~ 201 as follows:
20

::n

The Respondent Joseph Sweeney having been ordered to serve 25 days county jail is

entitled to receive good time credits.


22

23

24
25

August 2 5~ 2016

Bruce C. :Mills
JLTIGE OF TIIE SUPERIOR COURT

- 1-

35

No. : 01 G P.

- - -- - - 1




Exhibit G

36

MR. MORRISON:

Your Honor, I believe another

option is community service.

statute, it'll say up to five days for each --

THE COURT:

community service.

6
7

Yeah, I'm not going to give

MR. MORRISON:

-- or 120 hours' community

service.

8
9

I believe, if you read the

THE COURT:

Yeah, I'm not going to give

community service in this case.

I don't find it

10

appropriate.

11

in the two years I've been doing this.

12

give community service.

13

This was the most egregious case I've had

MS. INSALACO:

I'm not going to

Your Honor, until this point,

14

Mr. Sweeney has acted as if he's above the law and the

15

Court's orders.

16

service incarcerated is required.

17

Court's discretion as to how to allocate that between

18

the two options.

19

sentence in terms of if he was to be incarcerated for

20

maybe a couple of days and then the rest would be -- I'm

21

sorry, I don't know the right term you used, but the --

And so therefore, we do believe some


I'll leave it to the

But we request the maximum combined

22

THE COURT:

23

to get good times credits.

24

he's also going to get one day good time for each day

25

that he serves, probably.

26

or 13?

27

THE BAILIFF:

28

THE COURT:

Well, keep in mind, he's also going


You don't do criminal.

But

So out of 25, he'll serve 12

Yes.
So the reality is he'll only serve
86
37

half of it to begin with.

2
3

MS. INSALACO:

with the motion about Ms. Evilsizor's fees.

THE COURT:

MS. INSALACO:

6
7
8
9

times.

Right.

THE COURT:

How much is the amount of the fees

as of now?
MR. MORRISON:
THE COURT:

11

MS. INSALACO:

12

THE COURT:

14

We've had to come back here five

We've drafted the OSC.

10

13

We also did file a declaration

18,000.

Even?
Let's see.

And does that include court costs?

Is that the -MR. MORRISON:

So my office sent me a memo just

15

this morning to summarize it, including the time today.

16

And it included all of our costs.

17
18
19

THE COURT:

Well, we need to break out costs and

fees as separate items.


MS. INSALACO:

I think I misspoke.

20

is just the fees.

21

today, my -- I had spent -- I can go through the time.

22
23
24

THE COURT:

So my hourly rate is 450.

I think this
Prior to

Well, so you're saying $18,000 is

just the fees?


MS. INSALACO:

Between -- it was about seven

25

hours for my associate and two and a half for me to

26

draft the OSC.

27
28

THE COURT:

Well, you don't charge your

associate at $450 an hour, right?


87
38




Exhibit H

39

SUPERIOR COURT - MARTINEZ


COUNTY OF CONTRA COSTA
DEPARTMENT 29

HEARING DATE: 08/16/16

REPORTER: REBOLLINI
CLERK: S. TIGUE

KERI EVILSIZOR

PLAINTIFF(S)

vs.

CASE NO. MSD13-01648


******* MINUTE ORDER ******

JOSEPH JAMES SWEENEY


DEFENDANT(S)
**********************************************************************

PROCEEDINGS: F/L SPECIAL SET HEARING ON: Sentencing

cause called for hearing before JUDGE BRUCE c. MILLS.


Clerk: L.Bogdan
COURT REPORTER: RICK GALTEN, CSR# 13202
KERI EVILSIZOR Appears with Attorney Staci Lambright for Micelene
Insalaco
JOSEPH JAMES SWEENEY Appears with Attorney Jim Morrison
sentencing is as follows:
$1,000.00 fine for each count. A total of $5,000.00 payable to the
courts Financial Services by February 14, 2017.
Five days county jail for each count each to run consecutively for a
total of 25 days.
i

citee must pay the Petitioners court costs and fee's in the amount of
$930.00, along with Attorney fee's in the sum of $19,080.00. The
total amount owed is $20,010.00 payable to Scherman Insalaco LLP.
citee is remanded to the custody of the sheriff.

Date:

08/16/16

BY
Deputy clerk
40




Exhibit I

41

FL-415
FOR COURT USE ONLY

ATTORNEY OR PARTY WITHOUT ATTORNEY (name, state bar number, and address) or
GOVERNMENTAL AGENCY (pursuantto Family Code, 17400, 17404):

Michelene Insalaco
161711
Sucherman . Insalaco LLP
101 Mission Street, Suite 1640
San Francisco, CA 94105
TELEPHONENO.(Opffona/): (415) 357-5050
FAXNO .(Optional): (415) 357-5051
E-MA1LAooREss1op/iona1J:
mi@sucherman-insalaco.com
ATTORNEY FOR INameJ:
Keri Evilsizor

: i

i f.'"""'-- .f ~

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

751 Pine Street


P.O. Box 911
c1TY AND z1p cooE: Martinez, CA 94553
srnEETAooREss:

MAILINGAooREss:

BRANCH NAME:

REsPoNDENT10EFENDANT:Joseph James Sweeney


OTHER PARENT:

FINDINGS AND ORDER REGARDING CONTEMPT


Famil Law

1.

g:

3.

013-01648

This matter proceeded as follows:


Uncontested
By stipulation
Contested
a. Date: August 12, 2016
Dept.: 29
Judicial officer: Hon. Edward G. Mills
b. W Petitioner/Plaintiff present
Attorney present (name): Michelene Insalaco
c.
Respondent/Defendant present
W Attorney present (name) : James Morrison
Other parent present
Attorney present (n,ame): .: . ,.
d.
e. Goverrime.ntal .ag~ncy by (name):
f.
'otfu:~r a):?lpearances (specify):
.
On'the"Order to Show Cause and Affidavit for Contempt(torm F=L~41of .,
Filed by Keri Evilsizor
on (date): December 14, 2015

W
D

2.

CASE NUMBER:

' ~

'

D .

The "Citee" for purposes of this order is


Other (specify):

Petitioner/Plaintiff

Re$pondent/Defendant

'

"'.

' '

a. Citee has been advised of rights to:


(1)
counskl : .
' . ~
(2)
appointed counsel
(3)
continuance to obtain counsel
(4)
a hearing/trial (to cross-examine, call, and compel the attendance of
witnesses)
privilege against self-incrimination
(5)
other (specify):
(6)
b.

,. ~

W
W
W
W

W
W
W
W

requested
requested
requested
requested

D
D
D
D

waived
waived
waived
waived

W
D

D
D

requested
requested

waived right
waived right

right
right
right
right

Written advisement and waiver of rights attached.

THE COURT FINDS:


4.
Citee knowingly, intelligently and voluntarily waived rights as set forth in item 3.

5.

6.

a.
b.
c.

W
W
W

There are valid orders of the court.


Citee had knowledge of the orders.
Citee violated the orders by (specify):

d.
e.
t.

Citee has freely and voluntarily admitted to the defaults/violations specified in item 6.
There is a factual basis tor the plea entered.
Other (specify) :

See attachment.

Citee is guilty of contempt of court for the following counts (defaults/violations) alleged in the Order to Show Cause and
AffidavittorContempt~irm FL-410) (~pecify): Counts 1, 2, 3, 4 and 5. (See exhibit D of OSC filed 12/14/15

V,cla.~

ot-

for enumerated counts of violations.)

l,;)o:\

Page 1 of 3

FINDINGS AND ORDER REGARDING CONTEMPT

(Family Law-Domestic Violence PreventionUniform Parentage-Governmental)

42

Family C ode. 11;"'(g~; ~;~z~ 91 71~

www.cou rrlnfo.c;u.9ov

:~'.

PET1T10NERJPLAINTIFF:
esPONDENT/DEFENDANT:
OTHER PARENT:

7.

a.

Ken Evilsizor
Joseph James Sweeney

osc

filed 12/14/15 for enumerated counts of violations.)

9.

0
W

10.
11.

Citee waived time for sentencing.


Citee waived time for trial.
.
Citee failed to appear as ordered.
Other (specify) :

013-01648

Citee is not guilty of contempt of court for the following counts (defaults/violations) alleged in the Order to Show Cause and
AffidavitforContempt(form FL-410) (specify): Counts 6, 7,8, 9, 10 and 11. (See exhibit D of

b.

8.

CASE NUMBER:

Citee has a previous finding of contempt (specify):

THE COURT ORDERS


12. a.
That the following counts alleged in the Order to Show Cause and Affidavit for Contempt(form FL-41 O) (specify):

13.

14.

15.

Citee must perform


hours of community service for counts (specify):
a.
To commence on (date) :
to be completed by (date) :
Citee must report to (specify):
on (date) :
at (time) :
b. D Citee must pay an administrative fee
0 of $

-r ~
0 ~ (BG Ill\)

0 ,

as determined by the community service agency

-'6r\..hu:>

~~e.).-Cos.-\:s ~ fu.b iCt.30.<::C>

and 5.- 5~ ~ch

Cout\-\'

Lol\.~c.u.h.u'_o_.

. .\.- .
. '~

('\o %~

-+o

attorney fees in the total amount of$ \ q

The contempt proceedings are suspended on condition that citee comply with all terms and conditions of this order.
Imposition of sentence is suspended on condition that citee comply with all terms and conditions of this order.

Execution of sentence for


0
hours in county jail
hours of community service
will be suspended for a period of
and citee is placed on court probation on condition that citee
comply with all terms and conditions of this order, and
a.
Comply with current support order.
Pay at least $
b.
per month on current support order, payable to (specify name):
commencing (date):
c.
Pay at least$
per month on arrears commencing (date):
d.
Serve any remaining hours not suspended as specified in items 13 and 14.

18.

Q.QQ.\.D~
1

{fJCA'(,
~ r{) .'.'Sc""-)
006 00 {IP--) payable to (specify name):

Sucherman . Insalaco LLP, 101 Mission Stre~t, Suite 1640, San Francisco, CA 94105
W fines in the total amount of$
5,000 l-'~o.'olG.. ~ Q -l 4.-\.7

Citee must pay:

b.
16. a.
b.

d5

Citee must serve


in the county jail for counts (specify): 1, 2, 3, 4
To commence on (date): 8 16/16
~o be completed by (date):
Citee must report to (specify):
.
on (date):
_
at (time) :
}
a.

17.

are dismissed
0 with prejudice
D without prejudice.
That the request to dismiss the following counts alleged in the Order to Show Cause and Affidavit tor Contempt(form
FL-410) (specify):
is denied.

b.

Citee must seek and maintain employment and must keep written records, copies of which must be forwarded by the 5th day
of each month as follows to the
Local Child Support Agency
court
other (specify) :
a. Records of efforts to gain employment must include the name, address, and telephone numbers of individuals and
firms contacted regarding employment, the dates of such contact and the anticipated results.
b. Records of all actual employment must include the name of the employer, dates, and hours worked and the gross
and net amounts of income from each employer.

,
FL-415 [Rev. July 1, 2003)

~ BS~N~Al.FDRM)

FINDINGS AND ORDER REGARDING CONTEMPT


(Family Law-Domestic Violence Prev~ntio.n- .
Uniform Parentage-Governmental)

43

..
Page 2 of 3

.J
PETITIONER/PLAINTIFF: -Ken Evilsizor
jREsPONDENTtDEFENDANT: Joseph James

CASE NUMBER:

013-01648

Sweeney

OTHER PARENT:

19. Orders for payments required to be made as conditions of probation or suspension of sentence in this order do not modify a court
ordered support obligation.
20. Citee must provide written notification to the superior court clerk of any change in residence and to
the local child support agency
the other party
of any change of residence, income, or employment within 10 days of the change.

21.

A wage and earnings assignment will issue.

22.

This matter is continued to (date):


at (specify time):
in court department (specify):
room (specify):
of this court for
compliance review. Citee is ordered to personally appear in court on that date and time.
WARNING: Failure to appear may result in issuance of a bench warrant for citee's arrest.

D
23.

A Warrant of Attachmentwill issue for citee's arrest. Bail is set in the sum of: $
Execution of the Warrant of Attachment is stayed until (date) :
at (specify court name):

24.

Other (specify):

25. Number of pages attached:

;l.
Date:

a-

I,,

further hearing

l1t-

Approved as conforming to court order and findings:


Date:

r-

2tfl

(JUDICIAL OFFICER OF THE SUPERIOR COURT)

~-~~~~--(SIGNATURE OF ATTORNEY FOR CITEE)

Signature follows last attachment

The citee agrees to the above terms:


Date:

(SIGNATURE OF CITEE)

FL-415 [Rev. July 1, 2003]

~ ~SE~AtFORMS-

FINDINGS AND ORDER REGARDING CONTEMPT


(Family Law-Domestic Violence PreventionUniform Parentage-Governmental)

44

Page 3 of 3

l
The Order to Show Cause for Contempt related to violations by the citee, Joseph
Sweeney, of a Domestic Violence Restraining Order issued on May 6, 2014 (hereafter
"restraining order"). The restraining order prohibits Mr. Sweeney from "using, delivering,
copying, printing or disclosing the messages or content of Petitioner's test messages or email
messages or notes, or anything else downloaded from her phone or from what has been called the
family computer except as otherwise authorized by the court."

In September of2015 Mr. Sweeney created or publicized a website entitled


"DivorcingtheEvilsizors.com" in which he described how it came to be that he gained access to
Ms. Evilsizor's phone and read and downloaded her text messages, bank records, and other
materials that are covered by the restraining order. In the website Mr. Sweeney further describes
in great detail much of the information he found.
Mr. Sweeney admitted in prior sworn testimony and at trial that he is the owner or only
partner of the LLC that owns the website at issue; that he created and posted the content on the
website; and that he had knowledge of the restraining order (and in fact he represented himself in
the appeal of the order and his petition for review of the appellate court opinion made to the
California Supreme Court).
It is clear beyond any reasonable doubt that the information laid out in Counts 1-5 of the
Order to .Show Cause did originate from Ms. Evilsizor' s phones and computers. This is clear
from the website itself, where Mr. Sweeney, in his own words, admits this information originated
from the phone (see Exhibit B to the OSC and especially the sections cited in Exhibit D and read
into the record at trial). Ms. Evilsizor' s testimony also supports this finding.
Mr. Sweeney asserts that because the material at issue has been disseminated elsewhere
since the time that he first viewed and downloaded it from Ms. Evilsizor' s phones and
computers, for instance when Ms. Evilsizor filed her DVPA request for restraining orders, and in
his appeal of the order that was granted, that this is a waiver and he can no longer be required to
comply with the restraining order. The Court does not agree with this position, and finds it
untenable, for a variety ofreasons, as laid out in the Court's oral decision as stated on the record.
Mr. Sweeney further argues that the restraining order is void or unconstitutional.
However, the appellate court has heard his appeal and affirmed the order.

45

The information published in relation to Counts 1-5 was without doubt extremely
personal and sensitive in nature, and very clearly covered by the restraining order.
The information published in each of Counts 1-5 is of a different nature, and each count
lays out a separate and specific violation of the restraining order.
The evidence shows, beyond a reasonable doubt, that a lawful order was made; Mr.
Sweeney had knowledge of the order; Mr. Sweeney had the ability to comply with the order; and

Mr. Sweeney willfully, and indeed maliciously, disobeyed the order.


In the 20 months that this Court has been hearing family law contempt OSCs, during
which it has heard more than 100 such cases, the Court has never incarcerated a citee, until this
case. Mr. Sweeney's violations of the family court's order are so blatant, and so clearly
malicious and for purposes of harassing, humiliating, and embarrassing Ms. Evilsizor, that there
must be accountability to the full extent permitted by law.

46




Exhibit J

47

0
W
D
D

8.
9.
10.
11.

Citee waived time for sentencing.


Citee waived time for trial.
Citee failed to appear as ordered.
Other (specify) :

T
HE a.
COURT ORDERS
12.
That the following counts alleged in the Order to Show Cause and Affidavit for Contempt(form FL-410) (specify) :

are dismissed
with prejudice
without prejudice.
That the request to dismiss the following counts alleged in the Order to Show Cause and Affidavit for Contempt(lorm

b.

FL-410) (specify):

13.

is denied.

Citee must perform


hours of community service for counts (specify) :
a.
To commence on (date):
to be completed by (date):

Citee must report to (specify) :

b.

-rq~O
~ (BC."'-) 0

w Citee must serve d5


w To commence on (date):

14.

at (time):

on (date):
Citee must pay an administrative lee

of$
as determined by the community service agency

Citee must report to (specify):


on (date):
15.

C~2ft-~ ~ ~
4<J\3() .<:C {il~
q cfB6 <::O {ES-)
at (time):

IX) Citee must pay:


a. IX) attorney lees in the total amount of$

17.

(\o

+o

payable to (specify name):

~ -\--
~
' rr&.,

f'\ n n ,

~e,o() /Be....... )

Sucherman. Insalaco LLP, 101 Mission Stre~t, Suite 1640, San Francisco, CA 94105
..5,000 P~o.'ol'2.. ~.0-~4-\.7

The contempt proceedings are suspended on condition that c1tee comply with all terms and conditions of this order.
Imposition of sentence is suspended on condition that citee comply with all terms and conditions of this order.

Cl

Execution of sentence for


will be suspended for a period of

hours of community service


hours in county jail
and citee is placed on court probat on on condition that citee

comply with all terms and conditions of this order, and


a.
Comply with current support order.
per month on current support order, payable to (specify name):
b.
Pay at least S
commencing (date):
c.
d.

18.

Cl
Cl
Cl Pay at least$
per month on arrears commencing (date):
Cl Serve any remaining hours not suspended as specified in items 13 and 14.

Cl Citee must seek and maintain employment and must keep written records, copies of which must be forwarded by the 5th day
of each month as follows to the
Cl Local Child Support Agency D court
Cl
(specify):
a. other
Records
of efforts to gain employment must include the name, address, and telephone numbers of individuals and
b.

firms contacted regarding employment, the dates of such contact and the anticipated results.
Records of all actual employment must include the name of the employer, dates, and hours worked and the gross
and net amounts of income from each employer.

Page 2 of 3

FINDINGS AND ORDER REGARDING QONTEMPT


(Family Law-Domestic Violence PreventionUniform Parentage-Governmental)

1191HX3

~ J.181HX3

48

8 .ll81HX3

_L..

V"...,..,_. rt:>

IX) tinesinthetotala~ountof$

b.
16. a.
b.

5~ ~ch

.in the county jaillor xounts (specify): 1, 2, 3, 4 and 5.Cov.'\;8 16/16 +'or\.hu.> ~o be completed by (date):
Cs> n.~c.u.h0-A.- 11 .

'I 1181HX3

Affidavit for Contempt(form

is denied.

ify name):

Francisco, CA 94105

-\4.--\1
and conditions of this order.
conditions of this order.
49

hours in county jail

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