In Merritt & Pacheco-Starks v. Mckenney et al, CV13-01391-PSG an amended complaint was filed on April 26, 2013, in Northern California Federal Court, adding judge Thomas Cain, attorneys Lynn Searle and Michael Desmerais as defendants with three other Santa Clara Superior Court Judges for intentionally and knowingly violating the Americans with Disability Act (ADA) against Mrs. Merritt and Mrs. Pacheco-Starks, both Santa Clara county citizens.
According to the revised lawsuit, Mrs. Pacheco-Starks sought the help of local businessman and civil rights advocate, David Merritt, to help her terminate the services of court appointed lawyer Michael Desmerais so that she could hire her own lawyer. The lawsuit also alleges that her son, along with his lawyer Lynn Searle have "fabricated" and filed evidence in order to take control of her six-million dollar estate and to prevent her from being with her husband due to the differences in their age and race.
The lawsuit also alleges that Mrs. Pacheco-Starks asked Mr. Merritt to present three requests under the Americans with Disability Act that authorized him to aid her in securing a new lawyer, removing her son from conservatorship and prohibiting her son from interfering with her communications with Mr. Merritt.
The court transcripts further reveal over an hour's worth of interrogation by judge Cain where statements such as: "You have no standing to participate in these proceedings, let alone represent MS Pacheco." Refused to accept Mrs. Pacheco-Starks ADA requests', rejected her attempt to terminate the court appointed lawyer and acquire her own; told Mr. Merritt that he was very close to committing a criminal offense and ultimately ordered "Mr. Merritt, you are ordered to have no contact directly or indirectly with Ms. Beatrice Pacheco. You are not to go within 100 yards of Mrs. Pacheco. And that is good until a hearing ...."
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Federal Lawsuit Charges California Conservatorship Judge For Conspiring to Cover Up Fabricated Evidence Against 83 Year Old Woman With Six Million Dollar Estate
Press Release: Santa Clara Superior Court Judge Thomas Cain Allegedly Prevents 83 Year Old White Woman from Being with her 58 Year Old African-American Husband