Dr. Markham,
Please see the following attachment. This is the motion I filed with the Court last week. I’m contacting you because you are the newest member of the Board and you seem to have an impressive résumé when it comes to helping people. I’m sure that you are aware that Mr. Brengelman obstructed the Board’s access to a mailed copy of my complaint concerning Agency Case No 08-15. Mr. Brengelman made a point to ask Julie Jackson if the Board had received a mailed copy of my complaint. Mr. Brengelman said that because the Board didn’t receive a mailed copy of my complaint, the Complaints Screening Committee was slow to receive a copy of the complaint and couldn’t address the complaint at the April 13, 2009 Board meeting. Mr. Brengelman later tried to get rid of the May meeting because he didn’t feel that it was necessary.
In a letter dated March 16, 2009, Mr. Brengelman wrote:
Dear Mr. Brewington:
Your recent request for the names and addresses of the members of the Kentucky Board of Examiners of Psychology is being responded to by the Board staff directly. As a courtesy to you, please feel free to mail to me, at the address on this letterhead, and Indiana court or legal document you wish to be received by any member of the Board. I will acknowledge receipt of any such document by U.S. Mail on behalf of any member of the Board to whom you direct such a document.
Sincerely yours,
Jack Conway
Attorney General
Mark Brengelman
Assistant Attorney General
After Mr. Brengelman instructed me to forward any “Indiana court or legal document” that I wished to be received by the any member of the Board (as a courtesy to me), Mr. Brengelman failed to acknowledge that he received a copy of my mailed complaint. Mr. Brengelman’s courteous actions seem to conflict with the fact that Mr. Brengelman deleted the following email messages without reading them:
To: Brengelman, Mark (KYOAG); Jackson, Julie G (Finance
Occupations & Professions); Velez, Jan (KYOAG)
Cc:
Subject: Public Records Dr. Edward J Connor
Sent: Fri, 13 Mar 2009 11:42:25 -0400
was deleted without being read on Mon, 16 Mar 2009 17:47:54 -0400
To: Jackson, Julie G (Finance Occupations & Professions); Velez,
Jan (KYOAG); Brengelman, Mark (KYOAG)
Cc:
Subject: Public records request
Sent: Fri, 13 Mar 2009 14:57:08 -0400
was deleted without being read on Mon, 16 Mar 2009 17:47:54 -0400
To: Brengelman, Mark (KYOAG); Jackson, Julie G (Finance
Occupations & Professions); Velez, Jan (KYOAG)
Cc:
Subject: New initiating complaint against Edward J. Connor
Sent: Wed, 25 Mar 2009 11:46:16 -0400
was deleted without being read on Thu, 26 Mar 2009 17:08:13 -0400
To: Brengelman, Mark (KYOAG)
Cc:
Subject: New initiating complaint against Edward J. Connor
Sent: Thu, 26 Mar 2009 18:22:58 -0400
was deleted without being read on Fri, 27 Mar 2009 17:24:42 -0400
To: Brengelman, Mark (KYOAG)
Cc:
Subject: I thought you wanted me to communicate with your office.
Sent: Fri, 27 Mar 2009 17:30:48 -0400
was deleted without being read on Wed, 1 Apr 2009 16:14:28 -0400
To: Brengelman, Mark (KYOAG); Velez, Jan (KYOAG); Jackson, Julie
G (Finance Occupations & Professions); genrlpsych@aol.com
Cc:
Subject: Request to address Board and additional information against
Dr. Edward J Connor
Sent: Fri, 3 Apr 2009 07:49:36 -0400
was deleted without being read on Tue, 7 Apr 2009 17:22:03 -0400
I am well aware of Mr. Brengelman’s tactics in trying to direct any subpoenas to go through his office. The problem arises when Mr. Brengelman attempts to “protect” the Board from me and then serves as counsel to the Complaints Screening Committee for my complaint. There are now severe ethical and legal issues to consider now that Mr. Brengelman has conspired to obstruct the Board’s access to a complaint. This is very concerning since Mr. Applegate provided false information to the Board during the March 2, 2009 meeting when he recommended that the Board not reopen Agency Case No 08-15 because there was no new evidence. I sent the Board copies of altered health records for the psychologist in question. I had never addressed this information in previous correspondence with the Board. I have a copy of the altered health records that the Board stamped “Received February 20, 2009.” This information could not have been dismissed as the Board didn’t ask for a response from the psychologist in question. It appears that Mr. Applegate arbitrarily dismissed my new evidence. It would be illegal for Mr. Applegate to dismiss evidence/a complaint based on Mr. Applegate’s rendered opinion of me, without ever meeting with me.
Dr. Markham, I am a father who is fighting for the right to spend equal time with my children. This whole situation demonstrates how broken the family court system is. I have been representing myself for over a year and I have been attacked by the “professionals” in the system for questioning the system. I didn’t set out to represent myself, but I was forced to go at it alone when I couldn’t find a lawyer who wanted to challenge the ethical conduct of the psychologist in question. The “professionals” would like to portray me as an irrational, out of control, renegade who is just trying to cause trouble. I’m not irrational or out of control and if someone feels that I am a renegade who is trying to cause trouble then they probably have done something wrong. I wasn’t the one who was having a hard time answering the question of whether my office received a mailed copy of a complaint. I have written over 200,000 words during the course of my divorce/custody hearing and no one has been able to find anything that I have done that is illegal or unethical. You will never find any derogatory statements about my soon to be ex-wife. The only thing you hear are the petty arguments the “professionals” are using in an attempt to make me seem irrational. Solving problems in ways that the legal system isn’t familiar with is creative and seemingly effective. Having an Assistant Attorney General of the State of Kentucky crying foul and resorting to trickery in an attempt to throw off a parent fighting for the right to spend equal time with his children is disappointing.
I’m not irrational. If I really were irrational and/or out of control, do you think Mr. Brengelman would be going to such measures to protect the Board from me? It wouldn’t be irrational for me to get an attorney to sue the Board and the Office of the Attorney General for conspiring to commit fraud. I don’t want to do that. That’s not me. I want to be able to spend the summer concentrating on having fun with my two daughters, but I refuse to give a free pass to anyone who engages in malicious and illegal conduct to protect a psychologist that brings considerable harm to children. If the Complaints Screening Committee would have acted in a responsible manner, none of this would have been necessary.
I would invite anyone who thinks that my actions are harassing, illegal, etc… to take the appropriate legal action against me. In his response to Agency Case No 08-15, the psychologist in question wrote “I believe it is Mr. Brewington who is potentially dangerous given his profile and behavior thus far. As such, I have consulted with an attorney with regard to filing a restraining order against Mr. Brewington and/or filing charges of harassment, defamation of character or slander but have not taken these steps as of yet and would prefer not to do so.” The Board didn’t even consider the ethical/legal violations of a custody evaluator threatening legal action against a party while serving as an impartial psychological expert. The psychologist in question isn’t refraining from taking legal action because he’s a nice guy; he’s just making statements like this in an attempt to convince people that I’m a dangerous person. Whether or not Dr. Connor believes that I am a dangerous person is irrelevant to the complaint. The Board is in possession of many of this psychologist’s documents and nowhere does it state that I pose a threat to my children or their mother. He just got caught doing something very bad and for some reason Mr. Brengelman and some of the Board members are trying to protect him. The problem is this is the first time that a person has tried to hold people accountable for their actions while their divorce was pending. The problem is that a non-lawyer seems to have infiltrated the system outside of formal legal action. I have found that it is easy to keep “my story” straight because I always tell the truth and I always try to walk a straight line. If someone doesn’t play by the rules, they may find themselves stuttering and stammering for words trying to explain why they didn’t provide the Board with a mailed copy of a complaint.
If people get offended by the content of this letter they have either done something wrong or they have a hard time accepting responsibility for the actions of the Board and the Office of the Attorney General of Kentucky. Getting angry because someone is exposing unethical and or illegal conduct by people who are supposed to protect the public is self centered and irresponsible. Ask Mr. Brengelman and Mr. Applegate why there weren’t any apparent violations of law in a 237 page complaint about a psychologist who said that there were HIPAA laws prohibiting him from releasing a custody evaluation case file to one of the participants of the child custody evaluation because the participant didn’t have a lawyer. Mr. Brengelman and Mr. Applegate would probably just get mad. Who’s irrational now?
Thank you for you time
Dan Brewington