Is Madison County protecting a pedophile and turning against sexually abused children and an innocent mother? Corruption in Madison County, Mississippi? Are these the faces of corruption? You decide.


Thomas M. Stewart, Jr.
Heather M. Aby
Chancellor James C. Walker
Chancellor Cynthia L. Brewer
W. Criss Lott, PhD
Special Master Alan D. Rhea
Chancellor Robert G. Clark, III
District Attorney Michael P. Guest
Attorney General Jim Hood
Mississippi Supreme Court

Then you will know the truth, and the truth will set you free.

John 8:32 (NIV)

This is a true story about three sexually abused children and the mother who is trying to protect them.  What you will read below is a six year legal nightmare which culminates in Madison County, Mississippi ordering the children to live with their sexually abusive father and requesting the incarceration of their mother.  The claims made herein are well-documented.  The following are the names and faces of the people involved:

Thomas M. Stewart, Jr.

In 2007, Mrs. Stewart filed for divorce against Mr. Stewart.  At the divorce trial, Mr. Stewart admitted disturbing behaviors.  For example, Mr. Stewart admitted shaving his pubic hair with the bathroom door open then trying to physically force his 10 year old son into a bathtub with him fully nude.  Mr. Stewart also admitted to washing his 4 year old daughter’s privates with his bare hand after being instructed by the court to stop.  Despite these and other admissions, Mr. Stewart was awarded standard unsupervised visitation with the three minor children.  Mr. Stewart appealed the lower court’s ruling, and the Mississippi Court of Appeals on its motion reversed and remanded the award of unsupervised visitation to Mr. Stewart citing Mr. Stewart’s own admissions.  (see POST with excerpts from the 2009 Mississippi Court of Appeals’ decision.)  Despite same, Mr. Stewart’s unsupervised visitation continued until August 2013 when all three children reported abuse to their mother on the way home from visitation.  The children reported that the abuse had been ongoing for years, but they were ordered by Mr. Stewart not to tell their mother anything that goes on at his house.

At an emergency hearing in 2013, Mr. Stewart admitted to sleeping in bed with the 11 and 13 year olds and wrapping his leg around them.  He admitted to lying directly on top of them when tickling them, wrestling with them, and tucking them in at night.  At these times, Mr. Stewart’s erect penis was directly on the children.  Mr. Stewart insisted on wearing his tattered and revealing boxer shorts or pajama bottoms, despite the children’s objections, which allowed his sexually aroused penis to directly contact the children.  The daughter (at age 11) reported that she woke up to find sticky stuff on her back after sleeping with Mr. Stewart.  Other examples of Mr. Stewart’s behavior included:  Mr. Stewart forced the children to urinate nude as he watched prior to showers; Mr. Stewart forced the children to use a single towel he personally handed them when nude after their showering; Mr. Stewart forced the 10 and 12 year old children to bathe together as he watched; and Mr. Stewart forced a bedtime story every night in his bed at which time he would force himself upon them.  Mr. Stewart also admitted at the emergency hearing to having child pornography on his phone.

The Children’s Justice Center (CJC), two Department of Human Services (DHS) investigators, and the children’s counselor all agreed that Mr. Stewart sexually and emotionally abused his children and that he should have no contact with the children.  The court appointed expert also agreed that Mr. Stewart engaged in “inappropriate sexual behaviors” against the children.

Heather M. Aby

At the emergency hearing in September 11, 2013, Heather M. Aby was appointed as the guardian ad litem (the GAL) upon the recommendation of Mr. Stewart’s attorney, Christopher A. Tabb.  (The GAL was appointed to investigate the allegations, report back to the court, and make recommendations.)  The GAL began investigating the allegations and advised the mother and the children that Mr. Stewart’s behaviors were disgusting and abusive and that they would never have to see Mr. Stewart again.  The GAL was fully informed that DHS substantiated the sexual abuse allegations against Mr. Stewart.  The GAL knew that a CJC investigation, which predated the DHS investigation, also substantiated the sexual abuse allegations against Mr. Stewart.  In spite of this knowledge, the GAL falsely reported to the court appointed expert (on 3/30/14), the special master (on a April, 2014 conference call), and the chancellor (on 5/16/14) that DHS found the sexual abuse allegations to be unsubstantiated, and that DHS had closed the file.  The GAL made many other false statements in this case.  For example, on March 30, 2014, the GAL falsely stated the following to the court appointed expert:

  • she was pursuing criminal charges against Mr. Stewart with Madison PD,
  • Madison PD requested and obtained the Jackson County DHS records,
  • she went to Madison PD,
  • she read the DHS records herself,
  • the DHS records stated that the sexual abuse allegations were unsubstantiated and that DHS had closed the file, and
  • that is why Madison PD would not be pursuing any criminal charges against Mr. Stewart.

All six statements are FALSE.  In fact, Madison PD never opened a file and never requested the DHS records.  There were no DHS records at Madison PD to read.  The DHS records have always stated that the sexual abuse allegations were substantiated.  The GAL repeatedly advised the mother and her attorneys that she was pursuing criminal charges, but Madison PD has no records of such.  There are more than twenty documented false statements by the GAL which misled the special masters, chancellors, and court appointed expert and turned them against the mother.  Someone within Madison PD tipped off the GAL that the mother was aware of her lies.  Madison PD refused to pursue criminal charges, and the GAL was able to get to the Madison County assistant district attorney before the mother’s meeting scheduled for 9:00am the next day.  No criminal charges were ever filed against Tom.

Chancellor (Judge) James C. Walker

James C. Walker (now Chancellor) was appointed by Chancellor (Judge) Cynthia L. Brewer as a special master to conduct temporary hearings in Madison County.  This case was scheduled for a temporary hearing twice and SM Walker refused to hear the case.  On the third scheduling of the temporary hearing, SM Walker refused to allow the two younger children (ages 12 and 14) to testify and refused to allow the mother’s attorney to question Mr. Stewart about his sexually inappropriate behaviors.  Neither the GAL nor the expert were present at the temporary hearing to be questioned.  Both submitted reports just before the hearing.  The expert submitted his report the day before the temporary hearing.  The GAL submitted her report via email directly to SM Walker at 1:03pm, immediately prior to the hearing.  The mother and her attorney were not allowed to see the GAL report which contradicted her previous statements to the mother and children.  The GAL previously stated that the children would never have to see Mr. Stewart again, yet her report recommended reunification counseling and included a detailed visitation schedule for Mr. Stewart complete with dates and locations.  The visitation schedule was secretly prepared with Mr. Stewart and his family prior to the hearing.  The mother’s attorney repeatedly objected to the reports and requested a continuance to no avail.  At the end of a short temporary hearing, SM Walker recommended forced reunification counseling with the children and Mr. Stewart.  At a subsequent hearing, SM Walker again refused to allow testimony concerning Mr. Stewart’s sexually inappropriate behaviors.  At that hearing, the mother’s attorney asked the GAL:

  • Q. Do you believe that this man ejaculated on his daughter? . . . .
  • The Court:  There’s no way we’re going to go into that.  We’ve had about ten opportunities to go there.  There is a trial at some point in this matter.  And, you know, you can – – you can hoe that row all you want as much as the Judge allows.  I’m not going there today.  Sustained.  We’re out of time.  … Don’t want to take [mother’s attorney’s] nonexistent time.

Contrary to SM Walker’s statement above, SM Walker never allowed the mother’s attorney to question anyone about sticky stuff on the daughter’s back or Mr. Stewart’s other sexually inappropriate behaviors.  SM Walker also refused to allow the mother’s attorney to question Mr. Stewart about driving the children 100 miles to return them from visitation after consuming alcohol all afternoon and taking Klonopin (a strong benzodiazepine).  At the end of that hearing, SM Walker wrongfully found the mother in contempt of court for violating a court order that did not exist.  SM Walker’s rulings were appealed to Judge Brewer who refused to timely rule on them.

Chancellor (Judge) Cynthia L. Brewer

On March 17, 2015, Judge Cynthia L. Brewer heard the mother’s motion to remove the GAL for misconduct.  Judge Brewer only allowed the mother 20 minutes for this hearing.  The GAL admitted to falsely stating that DHS found the sexual abuse allegations unsubstantiated.  The GAL admitted to not advising Madison PD that there was sticky stuff on the daughter’s back after sleeping with Mr. Stewart.  The GAL admitted to obtaining the DHS records and keeping them to herself for months.  The GAL admitted to not sending a copy of the DHS records to the court appointed expert even though she advised the court by email that she was providing him a copy.  The GAL admitted to telling the children on more than one occasion that they would never have to see Mr. Stewart again.  Despite all of the above, Judge Brewer refused to remove the GAL from this case.

In March 2016, Judge Brewer presided over the trial of this matter.  A few days before trial, Mr. Stewart’s attorney filed a second motion to strike all of the mother’s pleadings because the mother’s discovery responses were submitted late.  Discovery responses were emailed 4 minutes late due to a computer failure in March 2015, a year prior to trial.  Mr. Stewart’s same motion was dismissed in August 2015.  Shockingly, Judge Brewer did strike all of the mother’s pleadings on the first morning of trial.  At trial, Judge Brewer refused to allow the DHS records substantiating sexual abuse to be entered into evidence despite having twice ordered the records delivered to her court under seal pursuant to statute.  Judge Brewer also refused to allow the CJC records substantiating sexual abuse to be entered into evidence.  Judge Brewer also refused to allow into evidence the children’s counselor’s notes and opinions substantiating sexual abuse that were requested and received by the GAL.  Judge Brewer also refused to allow into evidence an alcohol test Mr. Stewart failed after driving the children 100 miles.  The alcohol test was requested and received by the GAL after the children reported Mr. Stewart drinking all afternoon before driving them.   (Mr. Stewart was previously ordered not to drink during visitation.)

Judge Brewer controlled the testimony of the witnesses at trial by raising her voice in a threatening manner to the mother, the court appointed expert, and the mother’s attorney.  As one of the last witnesses at trial, Mr. Stewart admitted that he was one year behind on child support although he lied on the first day of trial, saying he was current on child support.  Mr. Stewart also admitted that he lied (7 times) under oath at the emergency hearing stating he did not have pornography next to his bed when the children visited.  Despite all of the above, at the end of trial, the mother was incarcerated in general population in the Madison County Jail  for 72 hours.

Judge Brewer ruled on the trial on October 31, 2016.  Judge Brewer ordered the mother, who was unable to work due to congestive heart failure and has no funds, to pay some $15,000.  Judge Brewer wrongfully reduced child support from three children to two children.  Judge Brewer ordered child support to be paid to the registry of the Chancery Clerk, not the mother.  Most incredibly, Judge Brewer found that the mother had alienated the children from Mr. Stewart.  It is undisputed that the children never missed a single day of visitation in the 7 years prior to reporting Mr. Stewart’s sexual abuse.  DHS, CJC, and the children’s counselor all substantiated sexual abuse and stated that the children should have no contact with Mr. Stewart.  The first DHS investigator went so far as to threaten the mother that if she allowed the children to be with Mr. Stewart again that the investigator would take action against her, the mother, for putting the children at risk.  This ruling was appealed, and the Mississippi Supreme Court elected to keep the case rather than sending it back to the Mississippi Court of Appeals.  A judicial complaint was filed against Judge Cynthia L. Brewer.

W. Criss Lott, PhD

On February 12, 2014, W. Criss Lott, psychologist, was appointed as the court expert in this case upon the recommendation of the GAL.  On June 24, 2014, Dr. Lott submitted his initial recommendation that Mr. Stewart “should resume full visitation with his children” starting with abbreviated visits.  In making this (and his second) recommendation, Dr. Lott did not speak with the children’s counselor and did not review her records.  Dr. Lott did not review the CJC documents or view CJC videos.  Dr. Lott did not speak to anyone at DHS or review the DHS records.  On December 2, 2014, the GAL met with Dr. Lott, the same date that Dr. Lott issued his second report.  The December 2, 2014 report states in part that the “father clearly engaged in behaviors that were inappropriate” and suggested that Mr. Stewart should not have had unsupervised visitation with the children.

Dr. Lott appeared at trial to testify in this matter.  Dr. Lott did not appear pursuant to a court order or a subpoena rather he voluntarily appeared after being paid by Mr. Stewart $1,500 in advance for a half day in court.  Dr. Lott has no specific certification related to sexual abuse allegations and no training in forensic interviewing of children who have been sexually abused.  Dr. Lott testified at trial that “inappropriate sexual behaviors” occurred and that Mr. Stewart should not have been in bed with the children touching them in any manner whatsoever.  Dr. Lott testified that the children felt Mr. Stewart’s penis touching them while in bed with Mr. Stewart.  Dr. Lott testified numerous times at trial that Mr. Stewart exposed his privates to the children.  BUT contrarily, Dr. Lott refused to call Mr. Stewart’s actions sexual abuse.  Instead, Dr. Lott lied at trial in an attempt to question the daughter’s credibility.  After attacking the daughter’s credibility five times, Dr. Lott changed his testimony and was then asked by the mother’s attorney to read his notes from the session in question.  Dr. Lott’s session notes directly contradicted his testimony challenging the daughter’s credibility.  (Three different versions of Dr. Lott’s December 2, 2014 report with significant changes have been identified.  Oddly, Dr. Lott did not recall making any changes to the report.)

Dr. Lott’s second report includes many intentional misrepresentations made by the GAL.  For example, Dr. Lott stated in his second written report and testified at trial that the GAL reported to DHS that the daughter felt something sticky on her back after sleeping with Mr. Stewart.  It is clearly noted in the DHS records that it was the mother who reported the incident to DHS.  The children’s counselor advised the mother to report it to DHS after finding out that the GAL had in fact not reported it to anyone.

Special Master Alan D. Rhea

On the afternoon of December 5, 2016, Mr. Stewart’s attorney emailed a motion for contempt to the mother’s attorney because the teenage children refused to answer telephone calls that Mr. Stewart made to their cell phones.  Within minutes of receiving the emailed motion, Judge Brewer’s office scheduled the matter for hearing with Special Master Alan D. Rhea for December 8, 2016.  The mother’s attorney objected to the hearing due to numerous legal and procedural violations.  Regardless of these violations, the hearing proceeded on December 8, 2016, and the mother was ordered incarcerated for five days for “not facilitating telephone visitation.”  The proof at the hearing was that the mother provided the teenage children with cell phones and provided Mr. Stewart with their cell phone numbers, but the teenage children refused to answer Mr. Stewart’s calls.  This ruling is in direct contradiction to Mississippi law that a parent cannot be found in contempt for a teenage child’s refusal to visit with the other parent.  Judge Brewer signed SM Rhea’s recommendation which violated numerous judicial canons, court rules, and the mother’s constitutional rights.  The order was appealed to Judge Brewer who refused to rule on the objection.

Chancellor (Judge) Robert G. Clark, III

On February 13, 2017, Chancellors Brewer and Walker on their own motion removed themselves from this case in order to avoid any appearance of impropriety.”  The case was then reassigned to Judge Robert G. Clark, III in the same Chancery Court district.  Mr. Stewart’s attorney, knowing that he had an arrest warrant in hand, scheduled the mother’s deposition.  After four years of litigation, no deposition was necessary.  The only thing that had occurred was that the teenage children continued to refuse to answer telephone calls or have visitation with Mr. Stewart.  Judge Clark, like Judge Brewer, continues to refuse to hear the mother’s post trial motions.  On the other hand, Judge Clark did hear Mr. Stewart’s discovery motion and ordered the mother to personally appear for deposition at Mr. Stewart’s attorney’s office in Brandon, Mississippi.  The mother was (and still is) willing and available for a deposition via telephone, video, Skype, etc.  Not having funds to fly to Mississippi and fearing immediate incarceration if she did, the mother did not appear at the deposition.  Mr. Stewart filed yet another petition because the children continued to refuse to visit with Mr. Stewart.  Mr. Stewart’s petition requested sole custody of the children and for the mother’s incarceration.

At a June 22, 2017 hearing, Judge Clark refused to allow the mother to be represented by the only attorney she had available to her.  Judge Clark then unconstitutionally “sanctioned” the mother for her inability to appear in Mississippi at a deposition.  On June 26, 2017, Judge Clark entered a patently unconstitutional order.  The order stated that the mother: “shall not oppose the claims contained in the Petition for Modification and Civil and Criminal Contempt…and…shall not introduce any evidence at trial today or any subsequent hearing….”  The Sixth Amendment to the United States Constitution unequivocally gives the mother the right to have counsel, to defend herself, to confront her accusers, and introduce evidence.  The order further states that the mother was found in contempt and ordered that she be “placed in the common jail of Madison County, Mississippi until she purge herself of contempt by personally attending and completing a deposition in this matter.”  As addressed above, the entire deposition issue is a sham knowing that the mother could not attend a deposition in Mississippi.

On September 11, 2017, Judge Clark entered another patently unconstitutional order which was not disclosed to the mother.  The September 11, 2017 order states in part that the mother:  “shall not oppose the claims contained in the Petition for Modification and Civil and Criminal Contempt” and “shall not be allowed to introduce any evidence in this matter.”  In this order, Judge Clark, among other things, transferred custody of the sexually abused children to Mr. Stewart, their abuser.  On October 31, 2017, Judge Clark ordered the release of all child support funds held at the chancery clerk’s office to Mr. Stewart.  (None of these orders were disclosed to the mother until December 6, 2017.)  On December 14, 2017, Judge Clark entered an order referring the case to the Madison County District Attorney’s Office for a parental kidnapping indictment.  On March 28, 2018, Judge Clark entered an unlawful order for the arrest of mother’s new husband because of this website.  A judicial complaint was filed against Judge Robert G. Clark, III.

District Attorney Michael P. Guest

On December 7, 2017, a Madison County assistant district attorney (ADA) made contact with a representative for the mother.  The ADA stated that the teenage children (now ages 15 and 17, against their will) must move and live with Mr. Stewart or the mother would be indicted for felony parental kidnapping.  On December 20, 2017, the mother’s representative met with a second ADA and provided proof of the matters alleged herein to be relayed directly to Madison County District Attorney, Michael Guest, now United States Congressman.  On January 3, 2018, the first ADA made contact with representatives for the mother again stating that the teenage children (ages 15 and 17, against their will) must move and live with Mr. Stewart or the mother would be indicted for felony parental kidnapping.

Attorney General Jim Hood

On December 20, 2017, two investigators from Attorney General Jim Hood’s office met with a representative for the mother.  Despite the many blatant legal and constitutional violations by elected officials in favor of a pedophile and the refusal by authorities to file criminal charges against Mr. Stewart, the investigators cut the meeting short and refused to pursue any aspect of the case.  Many attempts were made to reach Attorney General Jim Hood directly.

Mississippi Supreme Court

Front, from left, Justices Michael K. Randolph, William L. (Bill) Waller, Jr., James W. Kitchens, Leslie D. King, Josiah D. Coleman, James D. Maxwell II, David M. Ishee, Robert P. Chamberlin and Dawn H. Beam

On June 2, 2017, the mother filed an extensive emergency motion with 46 exhibits outlining fraud, corruption, perjury, and sexual abuse.  The Mississippi Supreme Court did not request a response from Mr. Stewart’s counsel.  Said motion was denied by three justices the next day.  On June 12, 2017, the mother filed a motion for reconsideration of her emergency motion requesting that all nine justices review it.  Again the Mississippi Supreme Court did not request a response from Mr. Stewart’s counsel, and three justices denied it the next day.  On January 10, 2018, the mother filed another extensive emergency motion setting forth clearly unconstitutional orders entered by Judge Clark transferring sole custody of the minor children to Mr. Stewart, a pedophile.  The mother was denied her very basic rights as guaranteed by the United States Constitution and in violation of Mississippi precedent, court rules, and its constitution.  Again, the Mississippi Supreme Court did not request a response from Mr. Stewart’s counsel.  On February 12, 2018, the mother filed an addendum to her pending emergency motion outlining new and repeated violations of court rules and repeated ex parte communication between Mr. Stewart’s counsel, Christopher A. Tabb, and Judge Clark.  Again, the Mississippi Supreme Court did not request a response to these extreme and documented violations.  Shockingly, on April 12, 2018, a panel of three Justices , James W. Kitchens, Dawn H. Beam, and David M. Ishee, on their own motion, dismissed all of the mother’s pending motions and appeals falsely claiming them to be moot.  On August 14, 2018, Justices William L. (Bill) Waller, Jr., Michael K. Randolph, and Robert P. Chamberlin, denied a motion for reconsideration filed by the mother on April 26, 2018.

 

Ephesian 5:11  Have nothing to do with the fruitless deeds of darkness, but rather expose them. (NIV)

Genesis 50:20  You intended to harm me, but God intended it all for good.  He brought me to this position so I could save the lives of many people. (NLT)

All glory to God, our Father

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If you have any information on this case, PLEASE anonymously provide it here.  We have now identified multiply families who received the same treatment from Madison County.  Protecting pedophiles is criminal.  If you have any information connecting the players in this case or similar cases, PLEASE let us know.  If you have any knowledge of the behind the scenes wrongdoing described herein, PLEASE let us know.

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