DA Investigator Marcelo Molfino is Fired amidst Wage Theft and Abuse of Information Allegations

Jefferson County District Attorney Investigator Marcelo Molfino has been fired by District Attorney Bob Wortham.  This occurs amidst a new round of corruption allegations. I have been exposing corruption in Jefferson County for some time now. It is important that Constitutional rights of people are not trampled by government actors, and it is important that communities can trust and respect all the good law enforcement officers out there, which is why it is important to expose the bad apples.

I recently did an open records request with the Jefferson County District Attorney’s office for pay records of Investigator Molfino. It was discovered that while Jefferson County taxpayers were paying Molfino emergency pay to NOT work during Hurricane Laura, he was also getting paid in Port Arthur, TX with tax payer funds to do catering. That double dipping is not illegal although it certainly seems unethical.

The triple dipping is where things start to get illegal.

Pay records show that after Hurricane Laura, Molfino took paid time off on 9/25/2020. He was paid his full salary by the tax payers for the time that Molfino took off because Molfino claimed “comp pay.” Comp pay is when Molfino says that he worked overtime on a day in the past but instead of overtime pay, he instead takes off time in the future and still gets paid in order to make up for the extra time he previously worked. The District Attorney’s Office has yet to ever produce any records of this secret comp time stash that Molfino frequently uses to get paid time off. However, on Molfino’s time card Molfino wrote that the comp time he was getting paid for on 9/25 was earned by working extra on 8/26 during Hurricane Laura. The problem is that Molfino’s time card from 8/26 and his pay records both show that Molfino was getting paid emergency pay to NOT work on 8/26, AND additionally we know that Molfino was in Port Arthur getting paid to cook and cater during Hurricane Laura. So therefore, it is not possible that Molfino had earned any comp time on 8/26. So when Molfino claimed comp time earned on 8/26 in order to get paid to take off of work on 9/25, it appears that it was a false statement on his pay card by claiming comp time that that could not have been earned when Molfino claimed it was earned, and therefore theft of taxpayer dollars.

Molfino getting fired comes in this middle of me waiting for additional records for the County regarding this potential criminal activity.

update: The DA's office says that Molfino resigned. That is true. He was told to resign or be fired. It is less paperwork and less bad press that way. A nonvoluntary resignation under threat of getting fired anyways is actually just simply getting fired.

But wait, that is not the only recent allegation of wrongdoing by Molfino.

Recently, a person named Mary Bond has come forward with allegations that Marcelo Molfino had falsified information in order to have her arrested. Furthermore, she alleges that Molfino used his government computer to access confidential past information and photos in order to leak those photos to a local political blogger. It is against the law to use information and government resources for private gain. It is called abuse of official information. Furthermore, it is certainly against the law to make false statements in order to get someone arrested.

Exactly how much these recent allegations played a part in District Attorney Bob Wortham finally letting Marcelo Molfino go is unknown. Maybe the recent events were just the straw that broke the camel’s back because there is a long list of allegations and information about wrongdoing by Investigator Marcelo Molfino from over the years. Molfino recently escaped charges of perjury, thanks to the statute of limitations running out, after a Texas Rangers investigation showed that Marcelo Molfino committed perjury by lying under oath on the stand. I have not done a follow up on that story yet but I will be posting the Texas Rangers report as soon as I get it. In short, Molfino had been trying to set up me, David Bellow, with false charges as retaliation for me having blew the whistle on Marcelo Molfino for practicing without a license, a Class A Misdemeanor. All charges against me were dropped, and now I try to help others, and help society, by working to expose the bad actors who abuse their trust and position they have been given by the citizens.

There will be more to come out as I get more data and information and records.

Here are some of the previous articles involving DA Investigator Marcelo Molfino and corruption in Jefferson County:

Investigator Marcelo Molfino Committed Perjury against David Bellow – Texas Rangers Submit Report to Special Prosecutor | TexasGOPVote

False Stalking and Perjury Charges against David Bellow DROPPED – Texas Rangers Investigating DA Bob Wortham for Corruption | TexasGOPVote

DA Bob Wortham Falsely Charged David Bellow in Bribe to Obtain Political Website – TX Rangers Send Case to Special Prosecutor | TexasGOPVote

Conservative Blogger David Bellow Retaliated Against with False Arrest/Charges by Democrat DA Office he Exposed | TexasGOPVote

Family Attorneys Support Texas HB 803 Equal Parenting Bill

Family Attorneys are coming out and overwhelmingly supporting Texas HB 803 the Equal Parenting Bill.

Below is a letter written to you from the Jackson Law Firm. Mr. Jackson is a family attorney who is in the trenches of child custody disputes and has handled over 1500 cases. Mr. Jackson, like many other family attorneys, knows very well that the current family law system is broken, and that the facts and stats and logic are in favor of passing HB 803 Equal Parenting bill because it is in the best interest of the Kids, and will reduce conflict and unclog the courts.

Please read the following letter from Family Attorney Justin Jackson. He specifically addresses the issue with the current family laws and the current standard possession order (which create conflict), and with great detail from an experienced attorney he explains why HB 803 Equal Parenting bill will greatly reduce conflict, help kids, and unclog the courts.

This letter, and more info from attorneys and medical expert studies in support of Equal Parenting, can be found at http://EqualJusticeTaskForce.com

Jackson Law Firm

Justin M. Jackson 

1464 E. Whitestone Blvd, Suite 2201 

Attorney at Law 

Cedar Park, Texas 78613 

jjackson@thejacksonfirm.com 

P: 512.528 1900 F: 866.929.2838 

SENT VIA EMAIL 

Date: February 4, 2021 

To: Hon. Senators of the Texas State Senate and the Texas House of Representatives 

Re: In Support of House Bill 803 Equal Parenting 

To Whom It May Concern, I have served as a Texas family law attorney for approximately 15 years. Over that time, I have handled a prolific case load of more than 1,500 family law cases, primarily focusing on child custody determinations. I have concluded that the single most important cause of conflict in family courts is the incentivization of conflict by way of the Texas Family Code. 

Texas House Bill 803 drastically reduces, if not eliminates, the incentivization of conflict currently in the Texas Family Code by mandating equal parenting time for children amongst divorced or separated parents, with proper exceptions for unfit parents. In summary, enactment of this Bill would, among other things: 

1. promote peace amongst families; 

2. reduce litigation by de-incentivizing it; 

3. unburden the family court system; 

4. turn the focus of family courts to unfit parents; 

5. benefit children by providing substantial contact with both parents; and 

6. reduce the financial ruin of families through litigation. 

In support of this summary, I would offer the following: 

Unbeknownst to legislators who have not encountered divorce or child custody on a personal level, the Texas Family Code sets forth a presumption that one parent must receive a Standard Page 2 of 4 Possession Order schedule, which provides the winning parent approximately 65% of the time and the losing parent approximately 35% of the time. Notably, in my experience, that presumption is tantamount to a mandate as interpreted by the vast majority of judges I have encountered. 

To make matters worse, once the winner has been selected, Courts then award child support to the winner and require child support payments from the loser. Why? Section 154.123 of the Texas Family Code states that “the amount of time of possession of and access to a child” is a factor in determining child support. In practice, that factor alone has invariably been outcome determinative in assessing the child support award. 

As a result, far too many good parents with only personal disputes amongst themselves wage lengthy, contentious, and costly battles over the custody of their children. The stakes are simply too high as incentivized by the Texas Family Code. Stated differently, the Texas Family Code does not promote neutral outcomes in Texas Courts; it does not promote peace amongst divided families. 

Even once the dust has settled in the first round of litigation, the odds are far too high for another round of litigation over the very same issues, for all of the reasons previously stated. 

Lobbyist groups such as the Texas Family Law Foundation, and backed by large, high-dollar family law firms, have promoted false narratives to strike down previous attempts at equal parenting bills. I would invite you to visit the Texas Family Law Foundation’s (TFLF) website (https://www.texasfamilylawfoundation.com/) and, prominently on their front page is the headline: “Bills that didn't pass and the damage they would have done to your practice.”

Aside from what would be an offensive focus of the TFLF on the financial impact of legislation on Texas family lawyers instead of properly focusing on the needs of Texas families and children, in the link below that headline the TFLF states the following regarding 2019’s failed HB 2157 equal parenting law: 

“They also explained that judges could already do this where it is deemed appropriate. And, thanks to the Family Law Section poll on this issue, our lobby team shared that 72% of lawyers who had handled “50/50” custody arrangements had to return to court for modifications because often 50/50 plans are just not feasible. Based on the evident increased litigation, this arrangement should not be the presumption. This frank yet thoughtful discussion delayed the bill from being filed for a month.” 

First, the supposed poll results are misleading. What is the sample size? Is it 72% of lawyers who have ever handled a 50/50 custody arrangement returned to Court over custody and 28% who have ever handled a 50/50 custody arrangement never returned to Court over such an issue? If so, what an astounding result as I have never met a family lawyer who has never been to Court to relitigate a Standard Possession Order. Nonetheless, I have handled relitigation over 50 / 50 custody Page 3 of 4 arrangements and would emphatically state that such relitigation is most frequently about money— connected both to the presumption of a Standard Possession Order and the tie-in factor contained in Section 154.123 of the Texas Family Code. “Unfeasible” is merely the code language to judges to reinvoke the presumption. 

Further, to refute the TLFL contention that judges “already” are free to order 50 / 50 custody arrangements, in truth, judges rarely order equal parenting even when encountering two fit/competent parents because they feel constrained by the presumption in the Texas Family Code. That is not merely an assumption as countless courts have specifically stated on the record the current legal restraints which, they feel, bind their decisions. 

The difference between proponents of equal parenting laws and the TFLF and its adherents is stark: the TFLF and its adherents want courts to presume that fit parents should not have equal time with their children, while opponents, myself included, feel that courts should not be in the business of doling out winners and losers in family court except in the rare case of the unfit parent. I hope that I am not alone in the belief that the overwhelming majority of Texas Mothers and Fathers serve the best interest of their children on a daily basis. The absence of an equal parenting law suggests that the Legislature feels otherwise. 

I also fundamentally disagree with the TFLF and its adherents on what the proper purpose of family courts should be. If the consequences were not so severe and disheartening, it would almost be comical the types of central inquiries that clog our current family courts on a routine basis. In the battle over a Standard Possession Order, these types of questions are not the exception but the norm and are frequently the focal point of rulings: 

1. “Who typically gets [the child] ready for school in the morning?” 

2. “Who typically takes [the child] to school each morning? 

3. “What is your work schedule?” (A line of questioning meant to penalize working parents by suggesting they don’t spend “as much” with the child as another parent) 

4. “Over the past 3 years, who has taken [the child] to doctor’s appointments?” 

5. “Over the past 3 years, who has taken [the child] to dentist’s appointments?”

I do not believe the Legislature intended this or the litany of adverse outcomes under the existing Texas Family Code. 

I appreciate your time in thoughtfully reviewing this letter and House Bill 803. Feel free to contact my office at any time should you wish to discuss this with me further. In contrast to the TFLF and equal parenting opponents, I would eagerly trade the “damage” it would have on my practice for the valuable, generational affect it would have on Texas children and families. 

Sincerely,

Justin M. Jackson

HB 803 Equal Parenting Bill Will Decrease Domestic Violence, Help Victims of Sexual Assault

Texas HB 803 the Equal Parenting bill will decrease domestic violence, just as it did in Kentucky, and it will unclog family courts to be able to focus on victims and situations involving domestic violence and sexual assault.

First of all, under the Texas HB 803 Equal Parenting bill, people who have committed domestic violence or sexual assault will not get an equal custody starting point. HB 803 equal parenting only applies to parents who are determined to be joint managing conservators by the judge. A court has an obligation to not grant a parent with joint managing conservator if there has been domestic violence or sexual assault. So, HB 803 would not allow abusers to get equal custody starting point as they would not be determined fit to be a joint managing conservator.

I have previously written how equal parenting is unilaterally agreed by all research and facts in the medical and scientific community to be best for kids. I have written about the detrimental effects and harm that unequal parenting and especially fatherlessness does to children and society. I have even written about how equal parenting is supported by moms and women and can lead to better equality for women. Well, if that was not enough to get this bill passed, the facts are coming out to show that equal parenting laws are actually causing a decrease in domestic violence, and helping victims of domestic violence and sexual assault get better heard and prioritized in family court cases.

Equal parenting bills like Texas HB 803 are now being shown to DECREASE domestic violence and conflict! Kentucky is a prime example.

Kentucky passed an equal parenting bill two years ago. In the past year of data out of Kentucky, we can see that the Kentucky equal parenting bill has caused a 4 percent decrease in domestic violence and a whopping 11 percent decrease in overall child custody dispute filings in just the first year of the law. The decrease in domestic violence following equal parenting laws makes perfect sense because the current unequal family laws incentivize conflict. The current unequal parenting laws make one parent a winner and the other parent a loser, and so both sides continually fight over who is the winner and gets the kids. People get stupid and violent and aggressive when fighting over kids. Enacting equal parenting laws like HB 803 tells parents that when they go to court the kid gets equal time as long as both parents are fit, willing and able. This equal parenting starting point incentivizes good parents to not go down the path of getting violent and aggressive. It incentivizes parents behaving better. It incentivizes parents working together to share the child instead of fighting over the child, because there is nothing to fight over if the law says the new starting point is equal parenting. Fighting and domestic violence goes down, and even overall child custody cases go down, the data from Kentucky shows. But of course, as always, any domestic abusers would already not get equal parenting because they would not be granted joint managing conservator. The Kids should be the winners and the kids should get equal time with both parents.

Equal parenting bills, like Texas HB 803, will unclog the family court system and help victims of domestic violence and sexual assault to get better focus and priority in family courts.

Equal parenting bills will greatly help victims of domestic violence. Anyone who knows anything about family courts knows that they are clogged with an overwhelming number of petty disputes. Unfortunately, this has caused real, important child custody disputes to be lost in the stack of cases and pushed back. Victims of domestic abuse and sexual assault, who have real issues that need to be addressed in family court, have to wait in line to have their case heard as the Judge sorts through all of the overload of cases. A victim might be waiting in line to be heard because the judge is preoccupied with stupid cases like, I don’t know, Jim and Sally over there fighting over who gets the kids because they disagree over what kind of dog shampoo is best.

You see, the current Texas standard possession order starting point has parents starting off unequal and incentivizes parents to continually fight over stupid stuff in family court as each parent tries to get more time. This has clogged family courts and has not allowed family courts to focus on the important family disputes involving family violence and sexual assault. The Texas Equal Parenting bill HB 803 will start parents, who are deemed fit parents, off on an equal custody starting point. That means when there are no real issues then the kids get to see both parents equally. That disincentivizes fighting in family courts over small petty stuff because they will not need to fight for more time and instead will start off with equal time. Kids win and family court filings and domestic violence goes down. This unclogs the courts and allows the real important cases, such as those involving domestic violence and sexual assault, to get better attention and priority from judges.

The Texas Equal Parenting bill HB 803 will promote good parents getting along and equally sharing the children, while at the same time it will help decrease conflict and domestic violence, as we have seen in Kentucky. Kids win and courts get unclogged which will allow better focus on the important family court cases involving victims of domestic violence and sexual assault.

Data from Kentucky Administrative Office of Courts Research and Statistics shows a sharp decline in family child custody cases (blue line) and domestic violence cases (red line) in 2020 following passage of the Equal Parenting bill.

Texas HB 803 Equal Parenting Bill Helps Kids, Has Bipartisan Support

 

Kids need both a mom and a dad equally, and the facts show that kids and society are hurting and suffering without equal parenting.

The Texas Equal Parenting Bill HB 803 has been filed! It will make the new standard possession order starting point equal possession and access in custody cases when a Judge determines both parents are joint managing conservators. When both parents are fit, the children should have a right to see them both equally as a starting point, and then go down from there with just cause. Kids win!

Unequal Parenting HARMS Children

The majority of teen crime, teen drug use, teen pregnancy, teen suicide, and even nearly all school shooters had unequal parenting homes. This crisis is harming children and society. Texas family law doesn’t have an equal starting point, and that incentivizes parents to fight in court over more time and use kids as pawns. Kids get hurt when parents fight instead of equally parenting. The family court starting point should be equal parenting when both parents are fit because this is best for the children. Kids have a right to have equal access to both fit parents.

Sixty peer-reviewed studies prove that it's best for kids when they spend equal time with both parents. Furthermore, not only do we know that equal parenting helps children, we unfortunately also know that unequal parenting harms children and society GREATLY.

All of these studies, facts, and more info about the benefits of equal parenting and the harm of unequal parenting, and especially fatherless homes, can be found at Equal Justice Task Force.

There is virtually no opposition to this bill. Last session the bill heard testimony from dozens of people in favor of it. Only a couple paid attorney lobbyists opposed it, I suppose because they might not make as much off of family court fighting if parents are getting along more and sharing the kids. Even the lobbyists agreed that equal parenting is important, but the lobbyists say there is already nearly equal time with both parents in the current law, so why change it? Fortunately, that sole argument against equal parenting doesn’t hold water anymore after last session when one state rep in committee eviscerated the idea that there is already equality in current law by showing the breakdown of the days and showing that under the current law, the standard possession order starts off at one parent getting most of the time and the other parent getting every other weekend. That is not equal parenting and it greatly harms children. The lobbyists went on to say that you could theoretically get equal parenting by getting a judge to order it, but even the lobbyists admitted that it would cost $50,000 for an attorney to take the case to trial to try to get equal custody. DO average families have 50k to get equal parenting? This unequal system is hurting society and hurting children and it incentivizes fighting and bickering in court to get more time. This new equal parenting law will make equal possession and access the NEW standard starting point in child custody cases when both parents are fit. This means a kid starts off at getting to see BOTH good parents equally as the starting point without having to fight for it. This will cut out lots of fighting in court and cut down on harm to children.

Under HB 803, a judge will still have discretion to go down from equal parenting based on written findings of issues that, for instance, if evidence shows it would harm the child’s health and mental wellbeing or if the parents live 1000 miles away. So equal parenting laws do not take away from a judge’s ability to make decisions in child custody cases based on evidence of issues that would support not having exactly equal parenting. What the law does is create the new STARTING point as equal custody when both parents are fit. Kids win! They won’t get fought over as much, and get to see both parents more equally.

Kentucky Equal Parenting Law PROVES it works! In fact, After Kentucky passed an equal parenting bill last session, the stats show that fighting in child custody courts went DOWN 11 percent already, and even domestic violence cases went down. There really is no reason not to have equal parenting as a new tool in the toolbox for family judges to be able to check off equal parenting as the starting point for kids and then go down from there with just cause. This is about helping the kids who are hurting and suffering. Let’s stand for our kids and get this law passed! The old law from half a century ago is just not working anymore and it is just no longer the best way. Equal parenting is the future!

The Equal Parenting Bill has BIPARTISAN support

In a time of so much divisiveness, Texas Democrats and Republicans agree that the Equal Parenting Law should pass. Let’s show America that both sides can come together this session and pass one of the most impactful laws of our time. LET IT GET TO A VOTE ON THE FLOOR.

Democrats and Women Activists Want Equal Parenting such as former Dem State Rep Gina Calanni, who fiercely stood up for the Equal Parenting Law in committee last session (where the bill was passed out of committee nearly unanimously by Dems and Reps). Leading Democrat women’s rights activists such as Emma Johnson with Mom’s for Share Parenting stand for equal parenting to bring more equal opportunity to women who could earn more but are often times held back with having to take most of the responsibility of raising children because of unequal parenting. Democrats widely support equal parenting.

Republicans Want Equal Parenting. In fact, the Texas Republican Party added equal parenting (equal possession and access for fit, willing and able parents) to their state platform, and equal parenting even came out of the convention committee as a top six Republican priority because equal parenting laws will help society and help preserve families for kids. Unequal parenting is hurting children and society. Kids need both parents equally as the new starting point in child custody cases and Republicans widely support this.