My Story

***NOTE AND DISCLAIMER:  THIS PAGE, WHILE PUBLISHED, IS NOT READY FOR PUBLIC RELIANCE, AND I TAKE NO RESPONSIBILITY FOR INACCURACYS AND LACK OF DOCUMENTATION IN THIS DRAFT.  IT IS NOT INTENDED TO BE RELIED ON UNTIL THIS DISCLAIMER IS REMOVED.***

 
I am not afraid.
 
This relates to Case CH 222 312, Deal Dissolution, filed on October 17, 2001 by petitioner, Patricia Kim Funke/Deal to dissolve the marriage of 12 years to me, respondent Thomas Mark Deal.  I give permission for anyone to access the public records and scanned documents by going to any courthouse, and entering that case number in their DOMAIN system, or accessing the on-line Register of Actions by accessing http://apps.alameda.courts.ca.gov/domainweb/html/index.html. 
 
Type the case number CH222312 into the box and you will have access to many of the aspects of this case, but not the documents.  For that, you can go to any courthouse and use the DOMAIN system with the same case number.
 
I have been dragged back to court, on average, once a month for nine years, with the Court itself delaying hearing my issues for years while advancing those contrary to my childrens' best interests, had evidence altered and withheld by both the Court and the opposition, and my children are being told that their daddy doesn't want to see them. 
 
In general, this case has been corrupted from the beginning, primarily by judicial bias apparently intended to protect the career of former attorney and now Judge Stephen Pulido, and the presiding judges and commissioners involved.  With the publicly popular posture of punishing an accused wife beater, the Courts have installed overlapping restraining orders based solely on allegations that fail to rise to the level that the law requires for such drastic social sanction, and have ignored or interferred with my right to produce and have heard, evidence of maternal  child abuse as told by the children themselves. (attache link to Childrens' Phone Conversation Transcripts here)
 
Contrary to public trust granted to judges, when facts don't justify harsh action, then the attorney or the judge or both have simply made them up.  It is helpful to remember that a Commissioner is not a judge, but merely a lawyer under contract to sit on the Bench, and any person can object to being heard by a commissioner before the hearing starts.  I highly recommend not relying on commissioners.
 
In my experience, it does no good whatsoever to present the Court with facts or to expect the people named here to respect the law. Their careers appear to have been built on mutual support of dishonesty and back room dealings. Judges enjoy nearly complete immunity from prosecution for this behavior, but they must stand for election, and those that have been exposed as dishonest and incompetent can be removed in shame.

Just a few examples:  Comm. Hendrickson has twice claimed that the record states something that it doesn’t, something called “citing facts not in evidence.”  This is an especially stinky attorneys' trick because it is simply not possible, in science or law, to prove that something doesn't exist.  Only by producing the evidence could she show that she isn't lying, and I know that those facts don't exist.  I believe that she does too.

AND THIS IS IMPORTANT!  In one case, she claimed that an order was handed down by a prior court, when I know that it wasn't, and have presented the transcript of that hearing showing that the order wasn't made.  Doesn't matter.  I was found in contempt (3 years probation) for violations of a non-existant order, with the promise of jail time if anything whatsoever happens again. 

And the second time, she claimed that I'm lying when I say I served her with documents that would have taken her off of the case.  I have a witness who did the actual serving, and the Record in the case sayes that I did it, but she sayes that I didn't.

So one question to be addressed is what do we do with judges who lie and, by doing so, hurt our children, and the next question is what do we do with women who lie, and by doing so, take our children, our reputations, our homes, our houses, our cars, our money, and do so knowing that they are lying?  And what should be done with attorneys who earn their livings in family law by harming children?  Put your answers in the "Daily Deal" blog section.  That's a good first step.  I have a feeling that we all know what to do.

 

THINK ABOUT IT!

If you are prone to violence or believe that it is justified, see a psychologist or psychiatrist where your venting will be confidential. Although Hans Reisner would have gotten only 3 years in prison for murdering his wife when she dissed him for the last time, and most murders are never solved, do not deprive your children of their mother, even though she is depriving them of their father.  And the images in movies -- Mel Gibson in "The Patriot", the Governator in "Collateral Damage", and Harrison Ford in "Firewall" are just Hollywood's version of reality.  It doesn't happen.  Commit murder, and your children will then have no parents at all.

It's time to ‘man up’ and stand up for your children and your rights. These people who earn their livings by tormenting children must be stopped. Please visit often, tell your story, and remember that whatever you post can and will be used against you.

 

"If you don't have enemies, you don't have character."  Paul Newman

 
 
MY FAMILY LIFE
 
My former wife is sterile, Nature's wisdom at work.  For 6 years, we tried the “usual” method to get pregnant, and then I had a varicoseal repair (yup, down there!) to reduce the blood flow and heat that might be killing sperm, even though my count was just a little on the low side. I agreed to the surgery, the second of my life, to “cure” the problem, not knowing that Patricia knew that her 12 years of unprotected sex with her former boyfriend (Henry "Hank" Funke) and now the childrens’ step father, had never resulted in pregnancy. However, 3 cycles of in utero (“inside her”) and 6 cycles of in vitro (“in a Petri dish”) still didn’t work. I was watching her quickly slide into deeper depression and anger and hysteria.
 
I suggested, very gently, that we try the next step, using the services of an egg donor. We found someone in good health and with a great family history who also looked a little like her, and, to make a long and expensive ($50,000+) story short, we now have two healthy and beautiful children, Keara and Nathan. Except that “we” don’t have them -- Patricia and Hank do, and that injustice will be dealt with.  Yeah, she was having an affair with her former boyfriend while we were raising our children, and she rushed to marry him after dumping me at the curb.  Looking back, it should have been obvious.  Emotionally distant even for her, missing money, time not accounted for, and then there ws the discovery that Hank had moved from Fremont to just up the hill from us in Hayward.
 
It seems that lying will get you anything in Divorce Court, and crime really does pay.
 
I was the primary, and usually, the only parent to my boy/girl twins, when she worked some nights and slept the days.  I completely enjoyed all of it. Yes, the vomit, poop, ear infections, bed wetting, and toilet training, parts too, because there was the reading, story telling, painting, building, swimming, bike riding, hiking, feeding, and singing with my adorable babies.  
 
My children are as different as night and day, and both delightful, perfect children.  Keara is tiny, athletic, and full of love and adventure. Nathan is tall, strong, and ready to try anything with his daddy.  Both love me completely for all that I have given them, and have said that they want to live with me and not with their birth mother. (insert transcripts***)  Both were in overwhelming anguish from being used to satisfy Patricia's failure to deal with her hatred for her alcoholic, abusive, aggressive, and recently dead father.  And Patricia says that it doesn't matter that her beloved mother died two weeks after her despised father.  Does anybody believe that one?
 
When I learned that my former wife’s mother was terminally ill (rampant cancer), I made my only demand of the entire marriage – “You are going to Canada to be with her tonight.” Her statements that I was controlling, manipulative, and aggressive are insulting, the result of her decades of sleep deprivation (she worked 4 nights a week, and slept some days), discord in her family of origin (the oldest brother left the house at 16 years old to avoid more beatings), and the psychological problems, lying, hysteria, and obsessiveness. The Custody Evaluator, Dr. Susan Bergmann (see “The Players”) testified to Funke/Deal’s mental illnesses, as did my expert witness, Dr. Philip Stahl, making them part of the public record. I’m not violating “patient/doctor confidentiality” here.  (Insert MCMI-III analysis here)
 
As their only available parent most days and nights, I took my twins in front-and-back packs at the same time on nature hikes and camping, fishing, to the store, parks, the beach and the mountains, and to the Hayward Airport.  I don't have even one picture of the three of us because the birth mother wouldn't take them.  There we met many pilots and plane owners, and my naturally charming children were invited to sit in the cockpits of the Swigs private, lavishly converted bomber, a $30 million Lear Jet, an antique torpedo bomber, and the EBMUD Rescue helicopter. We met famous stunt pilots, kit builders, and mechanics, and were a fixture, even when the children graduated to tricycles. 
 
One gentleman even commented on how the childrens' presence lent a “family atmosphere” to the airport, and one especially adoreable woman took pictures of my children in her WW II plane, and sent me the prints!  Mothers should be more like her.
 
In a Sacramento restraurant, one diner stopped at our table on his way out, while my children and Patricia were eating, leaned over and said "I wish you'd been my father."  After he left, I asked the waitress "How much did he have to drinK?"  Both she and the hostes commented that they also thought I was a really fine father.  This happened a few more times, but I digress.  Can you blame me?
 
In July, 2000, Patricia Funke/Deal learned that her beloved mother was nearly dead from cancer in Canada.  Patricia believed that her smoking, abusive, alcoholic father had caused it.  Just a couple of weeks later, on one awful morning in August, 2000, I was arrested after I called the police for assistance with my wife, Patricia Kim Deal (now Funke/Deal). (attach “9-1-1” tape recording here) Until then, I had never been arrested, nor had any contact with “The Law” more serious than a traffic ticket.  Back then, I still had respect for the integrity and abilities of judges. (See The Players).
 
Once arrested, I was automatically restrained from being at my home, something that Patricia repeatedly raises as “evidence” that I am a violent and mentally ill person.  Neither is true, and the psychological tests done by both the Court’s own expert and my psychiatrist show that I am under extreme stress, but not mentally ill. (insert my MCMI-III, MMCI-2, and Rorschach analysis here.)  These accusations of mental illness, violence, and bad parenting bother me because they are false, and are coming from a woman who has been shown to lie, with the combination of "highly" obsessive and "extremely" hysterical personality.  The Court has been the second greatest disappointment of my life, failing to follow the law, or to protect my children.  (See The Players.)
 
During the past 8 years, Patricia has tormented me with constant and effective legal assault, including restraining orders, refusing to let me see my children despite Court orders, and comments to friends and family that I am crazy, violent, and “bizarre.” 
 
Now she’s telling my children that I don’t want to see them.  What she is not telling them, is that I won’t pay $1,000 to see them for one hour in a psychologists office, especially after the Court (Grimmer) distorted 3 1/2 years of great supervised visitation into "three plus years of problematic visitation."  One supervisor wrote "Mr. Deal is very conscientious with the children on the walk.  He is adventuresome, challenging them to think about the trees that have fallen, the growth on the bark, the moss. He educates is a very gentle way along the walk.  He makes sure the children share the walking of the dog time, and makes sure each gets equal time.  He does a good job of providing a stimulatinag exciting, thoughtful walk. He is cautious indangerous areas, but does not baby the children."  (Terra Firma Visitation Supervisor, Jan. 2, 2003)  Quite a contrast from what Grimmer says happened, isn't it?  And there are hundreds of entries in evidence that say I did nothing wrong, spanning the entire 3+ years.
 
 
Further, Patricia has fabricated incidents, reported them to the Court, gotten restraining orders without my knowledge, and then filed for more restraining orders for alleged violations of those restraining orders.  The children know more about Patricia's lying than the Court will admit, and the supervisors notes included statments such as "Mommy's lying again."    The one that really bothers me is "Daddy, Uncle Hank plays with my bum."  (letter to Terra Firma, 9/28/02)   He was also giving my 7 year old daughter a massage in the hot tub when she called me on the cell phone, which precluded my recording the conversation.  Molesting my daughter bothers me, and the Court ignored my reports.  Is it time to ignore the Court? 
 
During this process, the only violence has been from Patricia's latest husband, the same person she left before meeting me, Henry Edward  "Hank" Funke, now 64 years old.  (She's 52) He has admitted to coming to my house and threatened to beat me up in front of a witness, and chasing me on the Hayward streets in his huge, vanity pick up truck in front of a witness (insert transcript here).  In response, I called the police instead of taking direct action (insert transcript here). But when I asked Judge Jon Rolefson for a restraining order to prevent the need to protect myself, it was denied.  I’ll just have to defend myself next time, and given Hank's 30 year admitted, documented history of violence, alcohol and drug abuse, I know that there will be a next time.  I'm ready.
 
Now my faith in the judges, commissioners, attorneys, court personnel, and police has been degraded to the point where I don’t recommend that anybody rely on them. (see Comm. Hendrickson, “The Players”) I have always been a law abiding person, but Divorce Court is not obeying the laws established by the Legislature, and, from what I hear, usually doesn’t protect fathers in the Courts.  
 
In one instance, a father was extremely upset that his 3 year old was going to be taken 200 miles away, and concerned that the baby wouldn't know what was going on.  Judge Grimmer actually said to this father "Children do it all the time."  Screwed him, but screwed the child even more.
 
I have set up this site to collect information which will then be used to confront and remove dishonest and incompetent bench officers, police officers, court services personnel, etc. from their protected positions.
  
In the mean time, I encourage each and every man out there to help each other. You must not resort to violence because that will only take you off the streets and out of your childrens' lives permanently. Instead, learn from the starlings and sparrows who, in groups of 5 or 10, attack and harass crows who are trying to steal eggs and hatchlings from nests. Our children need us. We all know that children learn by example, and they know lies when they hear them. Stand up to the little woman while she has her tantrums, and set a great example of maturity for your children by being the bigger person. 
 
That’s how you can be there for them, and eventually, they will know and appreciate their father for who he really is -- strong, patient, and honorable. 
 

 The MESS I'm In! and How It Got Started

 
 
I was the primary, and usually, the only parent to my boy/girl twins, and I completely enjoyed all of it. Yes, the vomit, poop, ear infections, bed wetting, and toilet training, parts too. My children are as different as night and day, and both delightful, perfect children. Keara is tiny, athletic, and full of love and adventure. Nathan is tall, strong, and ready to try anything with his daddy. Both love me completely for all that I have given them, and have said that they want to live with me. (File Cabinet -- "Childrens' Therapy Notes") Both have said that they don’t want to live with their birth mother. Both were in overwhelming anguish from being used to satisfy their birth mother’s failure to deal with her hatred for her alcoholic, abusive, aggressive, and recently dead father. 
 
When I learned that my former wife’s mother was terminally ill (rampant cancer), I made my only demand of the entire marriage – “You are going to Canada to be with her tonight.” Her statements that I was controlling, manipulative, and aggressive are insulting, the result of sleep deprivation (she worked 4 nights a week, and slept days, ½ days when she wasn’t working that night), discord in her family of origin (her older brother left the house at 16 years old to avoid more beatings), and the psychological problems, lying, hysteria, and obsessiveness. The Custody Evaluator, Dr. Susan Bergmann (see “The Players”) testified to Funke/Deal’s mental illnesses, making them part of the public record. I’m not violating “patient/doctor confidentiality” here.
 
As their only available parent most days and nights, I took my children in front and back pack at the same time, on nature hikes, camping, and fishing, to the store, parks, and the mountains, and to the Hayward Airport. There we met many pilots and plane owners, and my naturally charming children were invited to sit in the cockpits of the Swigs converted bomber, a $30 million Lear Jet, an antique torpedo bomber, and the EBMUD Rescue helicopter. We met stunt pilots, kit builders, and mechanics, and were a fixture, even when the children graduated to tricycles. One gentleman even commented on how their presence lent a “family atmosphere” to the airport.
 
Then, Patricia Funke/Deal learned that her beloved mother was nearly dead from cancer (in Canada) and believed that her despised father had caused it. Only days later, on one awful morning in August, 2000, I was arrested after I called the police for assistance with my wife, Patricia Kim Deal (now Funke/Deal). (attach “9-1-1” tape recording here)  Until then, I had never been arrested, nor had any contact with “The Law” more serious than a traffic ticket in my life. And back then, I still had respect for the integrity and abilities of judges. (See The Players).
 
Once arrested, I was restrained from being at my home, something that Patricia repeatedly raised as “evidence” that I am a violent and mentally ill person. Neither is true, and the psychological tests done by both the Court’s own expert and my psychiatrist show that I am under extreme stress, but not mentally ill. These accusations of mental illness, violence, and bad parenting bother me because they are false, and coming from a woman who has been shown to lie, with the combination of obsessive and hysterical personality .(Insert test data here***) The Court has been the second greatest disappointment of my life, failing to follow the law, or to protect my children. Again, see The Players. ***
 
During the past 8 years, Patricia has tormented me with constant and effective legal assaults, including restraining orders, failing and refusing to let me see my children even when the Court has ordered it, and comments to friends and family that I am crazy, violent, and “bizarre.” Now she’s telling my children that I don’t want to see them, and probably not telling them that I won’t pay $1,000 to see them for one hour in a psychologists office who has already lied to me about her relationship with the Court and with Patricia’s attorney. Further, she has fabricated incidents, reported them to the Court, gotten restraining orders without my knowledge, and then filed for more restraining orders for alleged violations of these restraining orders.
 
During this process, the only violence has been from her latest husband, the same person she left before meeting me, Henry Edward Funke, who was giving my 9 year old daughter a massage in the hot tub when she called me on the cell phone, and who admitted to coming to my house, threatened to beat me up, and chased me on the Hayward streets in his huge, vanity pick up truck. In response, I called the police instead of shooting, stabbing, bludgeoning, or threatening him in any way. But when I asked Judge Jon Rolefson for a restraining order to prevent the need for me to protect myself, I was denied the protection of law. I’ll just have to defend myself next time, and given his 30 year admitted, documented history of violence, I know that there will be a next time. 
 
Now my faith in the judges, commissioners, attorneys, court personnel, and police has been degraded to the point where I don’t recommend that anybody rely on them. (see Comm. Hendrickson, “The Players”) I have always been a law abiding person, but the Family law system is not obeying the laws established by the Legislature, and, from what I hear, doesn’t protect fathers in the courts. I have set up this site to collect information which will then be used to remove dishonest and incompetent bench officers, police officers, court services personnel, etc. from their protected positions.
 
In the mean time, I encourage each and every man out there to help each other. You must not resort to violence because that will only remove you from the streets and your childrens lives permanently. No, learn from the starlings and sparrows who, in groups of 5 or 10, attack and harass crows who are trying to steal eggs from the nests. Our children need us. We all know that children learn by example, and they know lies when they hear them. Stand up to the little woman while she has her tantrums, and set a great example of maturity for your children by being the bigger person. 
 
That’s how you can be there for them.
 
 
 
 
 

 

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