HONORABLE MARY K. WAGNER
September 5, 2003
I have edited out the jibber jabber to not
waste your time reading it. If
you want a complete transcript you can ask the courts for a complete
copy of your own.
Petitioner, Bernard Tocholke, appeared in person
and by Attorney Katherine Lingle.
Respondent, Shereen Tocholke, appeared in person and by Attorney Thomas
MR. ANDERSON: Any payment, and that's probably the
most troubling thing. I met with Ms. Lingle here just a moment ago. And
a friend of Mr. Tocholke-- You know, and there is--the continued position
of Mr. Tocholke is that he is not making money and he's losing money
in his business. And I'm not saying Mr. Tocholke's making huge amounts
of money. I can only go back and look at what was going on during the
course of the divorce and prior. These people didn't live a lavish life-style,
but by the same token they managed to keep a roof over their heads,...
MR. ANDERSON (con't): the tenor of this case, which
has involved a whole great deal of problems in terms of the kids and
the placement and there's already been findings of contempt because the
kids haven't been coming down here and then the other--the two older
ones that are with Mr. Tocholke are somewhere up in Minnesota, although
he's living here and going back and forth and seems to have money to
do that, and I've heard through-
THE COURT: You're living here or are you living-
ANDERSON: I don't know where he's living.
THE COURT: I thought you
were up by your dad cutting wood.
MR. ANDERSON: But I think he's been spending a great deal of time down
here still working and I don't know what he's done. The only thing Judge
Costello did was indicate that if he wasn't making any payments he should
have some job searches.
Now, I think Ms. Lingle's going to indicate that he's got a couple job
offers at this time and, you know, and that's fine and dandy, but the
problem-- It's not Mrs. Tocholke's ultimate desire to see Mr. Tocholke
spend time in jail.
THE COURT: Well, he's in contempt of the Court's order and he has not
purged himself and I'm sorry to say he's going to jail for six months,
and maybe that's what he wanted, I don't know, because then nobody can
aggravate him about paying his support, but that's a sad circumstance.
MS. LINGLE: Your Honor, he does want me to point out to you that in
the last six months he's had a series of significant business reversals
and the vehicle that he relies upon to do his work broke down and so
that was out of commission and he had to pay for that. He has no car
insurance, no surprise, and then the chipper, I think, was that--
MR. TOCHOLKE: The stump grinder, 6,200.
MS. LINGLE: --required repairs and he couldn't work at all without that
THE COURT: Then why didn't he go get another job if he couldn't work
and he couldn't drive to work? He should have gone over here to McDonald's
or someplace and said at least I've got a job, I'm doing the best I can,
I will show my good faith efforts in doing something.
MS. LINGLE: ... And if he has attracted the attention
of Mr. (omitted by Bernie) and Mr. (omitted
by bernie) and has these basic job offers, the Court
can garnish his wages and I would think that the children and the community
would be better off. And I'm asking the Court to give him 30 days to
get that job and start paying that money.
THE COURT: I don't-- I'm not going to do it and here's why I'm not.
I'm not trying to be outrageous to Mr. Tocholke, but I find it a total
insult to this Court's authority in the family division that not even
And if his stump grinder was broken and his truck was broken, certainly
he could have had another job. He could have gotten another job, anything,
just to show I'm sincere about this, I'm not being a slacker, I'm not
trying to defy the Court's orders, or I'm so angry that my wife and I
are divorced that I don't feel I have to support my children anymore
because I'm going to show her. That's what it looks like.
And now we're at the level of a court order where the Court is expected--
I mean, that's-- We are a nation of laws. Like the laws or not, we're
a nation of laws and there is a process by which we do things other than
shoot each other and punch each other. We follow the rules. This rule
is that you were to make every effort to pay...
I have people who are completely incapable of paying anything. They're
mentally ill. They are-- Nobody would hire them. We're not at that circumstance.
We're at a defiant circumstance and I feel very strongly about that.
So, the deputy's coming, so, Mr. Tocholke, give you personal property
to somebody if you want and the lawyers will probably talk.
MS. LINGLE: You've considered the impact of this on the boys up north?
THE COURT: He's made a choice. I didn't make this choice. I'm sorry
he made it.
MR. E (omitted
by Bernie) My name is Steve E (omitted
by Bernie) If Bernie was to
make a payment today, which I would be happy to do on his behalf, to
give-- My interest in being involved with Bernie is that he needs to--he
needs to make a dramatic change in his life. He's clearly not--
THE COURT: He's not focused in the right direction of positive--
MR. E (omitted
by Bernie) I just take him at face value, because I don't
know him deeply, that he's working diligently. He isn't-- He isn't relaxing
someplace. He just-- He probably doesn't charge enough for his work and
the whole bunch of other is probably irrelevant things now. But I'm willing
to be involved with him and I told him that my willingness to help him
is conditional on him making some tough choices.
THE COURT: Okay. Here's what I would
suggest. To me he has violated the honor of the court and that's--
MR. E (omitted
by Bernie) I understand that.
THE COURT: --that's a very serious issue. We expect people with very
little ability to follow the court's orders and that's how we maintain
order in our society. If you and Mr. Anderson and Ms.. Lingle want to
go in the other room and talk about this and they wish to enter some
sort of agreement, that is up to them. But from my perspective he's insulted
the Court by not making any effort, a man who could have made a little
effort. So why don't you all go, and unless I hear from you differently
the deputy will be--well, he's coming, but he'll wait.
The conclusion of that hearing after the break, is that
my friend Mr. E borrowed me $6000 to keep me out of jail. However Judge
Mary K. Wagner made a big deal about my three choices she gave me. She
told me by the next court date I have to either be 1.) Current on child
support, 2.) have ten job searches/applications present from that date
for every week until court, or 3.) have another job.
I asked her "just any job? I mean just any $10 per hour
job?" She replied "Any job, even McDonalds, is better than what you're
doing now." Although this was said in the court room, I find it strange
or ironic that this was missing from the transcripts, Yes, transcripts
get changed or edited in her courtroom. If this was not deleted, than
why was it referred to in the next two hearings? Once by me and not disputed,
and once by Mr. Anderson. It was mentioned, but illiminated!
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