Third Party & Independents Archives

Therian Wimbush's Excessive Litigation

A few years ago, the House Judiciary Committee, investigating the effect of excessive litigation on the United States’ global competitiveness, was told of five types of litigation abuse by plaintiffs counsel: improperly recruiting plaintiffs, importing foreign claims, piggybacking off government investigations, pursuing aggregate litigation, and seeking third party litigation financing. They forgot to add a sixth: plain old crazy litigation by self-represented plaintiffs. In Georgia, the bizarre case of Recardo and Therian Wimbush, and their nine children - one of whom they essentially locked up for months in a sealed room with a bucket for toilet - has added a new chapter. Therian Wimbush is suing all the principal actors in the case against her and her husband for false and malicious defamation. And the amount? Why for $500 million. US dollars to be precise. Although in almost any currency, save Zimbabwean dollars, that’s a lot of money. In fact, at current rates, that’s 1.38 million US dollars, if 500 million is measured in Zimbabwean dollars.

The Therians are adherents - or devoted to - Yah, as in Yahweh, the name of the Lord. This fairly recent cult, which seems a bridge between Christianity and the old testament, devotes much of their bible study to the old testament. The Therians also home school their children. Or they did until an anonymous call - Therian's lawsuit includes a person labeled "anonymous" - to local authorities alerted them to what was happening. They then charged and detained the couple and took custody of their children. The charges centered around the incarceration of their eldest son in the sealed room which was a punishment. Perhaps just for stealing a DVD, perhaps also for supposedly molesting his younger siblings. One can disagree with the state's intrusiveness into one's raising of one's family, but clearly the authorities in Georgia have reason on their side.

Therian Wimbush has multiple degrees in mechanical engineering, one from Spellman College, the other from Georgia Tech. You do not get a degree in mech eng without being pretty smart and keeping up with a heavy work load. And one assumes she is devoted to Yah, as her faith would state. How crazy, and abusive, she and her husband are is a matter for the courts, with the advice of mental health professionals, to decide. But her lawsuit has a lot of company: all the nefarious forms of clogging the arteries of America's legal system with uncalled for and expensive litigation that is put together by very rational self-interested professionals in the interest of financial gain. Can you blame Therian Wimbush for joining their bandwagon?

Posted by AllardK at June 25, 2015 7:18 PM
Comments
Comment #402416

Please do a little more research on Therian before writing an article. I was friends with her for 10 years before moving on. She has a degree in Mathematics from Spellman and a degree in Mechanical Engineering from Georgia Tech. She is SUPER smart, that much I will tell you! As far as her faith, she is not in any particular religion but she would be considered a Christian more than anything.
Also, why do you keep calling them the “Therian’s?” It sounds strange…

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Comment #412570

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Comment #413483

He was basically being dealt with as a detainee would be dealt with,” Smith said taking after the couple’s capture, CNN revealed. “The window had been painted over. There was no light outside. What was inside was a container that the youngster was utilizing as a washroom, a sleeping cushion and box spring.

Posted by: Pay Someone To Write My Essay Cheap at February 20, 2017 2:27 AM
Comment #413744

The work of the team of professionals that rescued the children and convicted the parents was exceptional. Each displayed outstanding dedication and excellence. The prosecuting attorney showed great insight in explaining that the child was simply attempting to develop, while the mother was trying to control him. The judge’s statement was comprehensive and full of understanding. When I have time I would like to comment in more detail about the contribution of each.

It would be good for copies of the trial video to be provided to Recardo Jr., so that he can see how powerfully each professional testified on his behalf. If he were to review the videos, eventually, he could come to the understanding that he was not at fault in any way. Even adults who have been convicted of the most heinous crimes are kept under far less harsh conditions than this innocent child endured.

Posted by: Linda Williams at February 24, 2017 11:18 PM
Comment #413787

Fortunately, the prosecutor, Dan Mayfield and the judge, Deborah Fluker, were not mislead by the Wimbushes’ testimony. Even the conditions which the Wimbushes faced, awaiting trial and the conditions that they will experience are far less severe than the prison conditions which they imposed upon a growing child.

If the jury had difficulty deciding whether the case was first degree or second degree, they could have each attempted to live under the conditions which were inflicted upon the child. Of course, they would not have had an entire week to do so. However, how many of them, after a week, in such horrific confinement would have believed that the Wimbushes did not act in malice?

Posted by: Linda Williams at February 26, 2017 8:26 AM
Comment #414354

It is unfortunate that the jury was swayed by the presentations of Therian Wimbush. I believe that the prosecuting attorney, Dan Mayfield, was completely right in advocating for a serious sentence. It seems that the jury was taken in by the flowery and lively fabrications. Half of the jury members may have found the truth difficult to believe. However, it is inconceivable that the parents were not aware of the extreme cruelty of the “punishment” that they were imposing for the “crime” of not asking permission to use a family DVD player. This child had his development, growth and life completely arrested at age twelve, at the whim of the parents. If he is now sixteen years old, he may be emotionally and physically closer to the chronological age of fourteen years of age.

Throughout the trial, it seemed fairly likely that the children had experienced other physical and emotional abuse. If an appeal is brought, possibly other evidence of child abuse could be exposed, so that the first degree sentence is found to be more appropriate for the Wimbushes. It seems implausible that the older boy ever “played doctor.” Yet, the parents were prepared to make all manner of accusations against him, in order to avoid punishment. That, in itself, demonstrates extreme cruelty.

It was horrifying to hear the sister testifying that she was not concerned about her brother and did not miss him. It seems, from some comments online, that this child has adopted a number of attitudes and views belonging to the mother. It is most unfortunate. The professionals working for the state are great heroes in this case. Yet, the psychological harm that has already been done, continues—even with no further parental contact. This one child seems to believe Therian’s account of events —that the state has harmed the family, by removing the children. However, the parents are responsible fully for the break up of the family. Therian implied that the second son’s tumour grew, only after he had been put into foster care. Yet, he must have had it from the age of seven and possibly for years before that. Ms Goode expressed that the girls are “angry” with the system. The system has protected them in ways that they will not be able to fully comprehend for some time, to come. Ms. Goode dismissed the cruelty upon the oldest boy as “only one incident.” Yet, every second of every day for months and possibly years is an incident in itself. I challenge Ms. Goode and anyone who doubts this to try living under those conditions. How long could she endure them? Would she last for two hours, half a day? Two days? I can empathize with the wishes of the children to be reunited with their family. But, a responsible adult would take the kind action, of making a protective decision. If it should turn out that the children are prevented from further contact with the parents, the caregivers can likely find ways of helping them through that challenge.

Posted by: Linda Williams at March 13, 2017 8:47 PM
Comment #414355

In effect, the confinement of the oldest boy could be characterized as solitary confinement, which is a form of torture. Every minute of every day would have stretched on and on, for that child. I do not count the rare visits of his prison guards—the Wimbush parents— as “social interaction,” since they seemed bent on humiliating and coercing him, rather than guiding and mentoring him.

Posted by: Linda Williams at March 13, 2017 9:10 PM
Comment #414479

People tend to disregard emotional and psychological torture, because—on a superficial level— they seem less dramatic, less visible than physical abuse. However, experts report that this form of abuse can be far more painful and injurious than physical abuse. In fact, Ricardo’s flat affect could conceal depression and trauma. (Not only has he been betrayed by his parents, but his siblings have not yet given themselves permission to empathize with him.) It could be his means of coping, to suppress these powerful emotions. This approach will have to be reversed, if Ricardo is to have a full life as a person.

In the comments section of the video of closing arguments, Joi and Hope respond to some opinions. They demonstrate a lack of respect for adults other than their parents and a very dismissive attitude. It is understandable that they are loyal to their parents and frustrated that their lives have been changed, so suddenly. However, they will be happier and more secure if they can also accept that as intelligent, insightful children, they will not yet have the brain development or life experience to fully evaluate their circumstances. If they were to act upon such attitudes, and impulses, they could eventually find themselves in conflict with the law. I am fairly confident that with the care and guidance that they now have, they will mature and be able to reestablish ties with their parents. They may be blessed in being able to become more responsible and mature than their parents. Their own children would then be more favoured.

Posted by: Linda Williams at March 19, 2017 8:38 AM
Comment #414553

Therian Wimbush mocked the state’s contention that treatment of Recardo had been cruel. However, “cruel” is the understatement. The prosecutor Dan Mayfield was able to convey very clearly and compellingly many aspects and facets of the mistreatment. In order for a first degree cruelty verdict to have been returned, an expert in the sequelae of prisoner-of-war type torture, might possibly know how to make the case. Shocking, as it is, the conditions of confinement, on reflection, would be more similar to those of a detainee of Abu Ghraib, than to a prison inmate.

Recardo was not in a prison setting, but more of a torture setting. He underwent very close confinement, deprivation of food, light, space. In place of human contact were humiliating interrogations —which the mother called “conversations.” He was refused medical care. He lived in the uncertainty of not knowing if he would ever be released or when he would…. He was battered for attempting to go upstairs, and was so fearful that he would be battered a second time for the same action that he attempted to run away. He was then defamed by the parents and put on the stand to testify against himself, so that they could go free.

Posted by: Linda Williams at March 22, 2017 10:57 AM
Comment #414573


The information below is quoted verbatim:

Categories of Psychological Torture

Isolation: solitary or quasi-solitary confinement.
Debilitation: food, water, and sleep deprivation; extreme temperatures. Spatiotemporal disorientation: confinement in small places, natural light denial
Sensory deprivation: hoods, goggles, gloves, deodorizing masks.
Sensory assault: shouting, loud music, bright lights.
Desperation: indefinite detention, sense of futility.
Threats: of death or violence, to self or others, mock executions, witness torture.
Degradation: verbal, nudity, personal hygiene denial, overcrowding, contact with pests, or excrement, sexual, ethnic, religious.
Pharmacologicalmanipulation: tranquilizers,hallucinogens.
See Amnesty International (1975, 53), Allodi et al. (1985, 63), Miles (2006, 8f).

In Recardo’s case, it seems that methods from most of the categories were deliberately used to inflict suffering. Is the word “death” on the wall, a threat? Certainly, the words on the wall cold be characterized as verbal degradation.

Posted by: Linda Williams at March 22, 2017 4:12 PM
Comment #414581

In the case of torture of a child by solitary confinement, can the assessment of “counts” be changed to reflect repeated assaults upon the person, with duration? If so, in this case, there would be multiple counts of child abuse, for the confinement —too many to tally. In the case of physical abuse, it would not be possible for a victim to survive, if he were battered continuously over a long period. If a felon assaulted a person on one day and then assaulted the same person on subsequent days, would that be considered to be one count of assault? If not, how can the confinement under extreme conditions be regarded as one count of abuse?


Of course, the harm done to Isayah is no less considerable. Therian Wimbush testified that she asked the child, whenever he was being bathed, whether the growth bothered him. This is evidence that she was aware of the growth and was negligent, in not seeking medical care. Naturally, both Wimbushes are equally culpable for the harm done to their children.

Were biblical references used, along with inappropriate phrases, (“a barrel of laughs, hope I haven’t bored you to death”) to deliberately give the impression that the mother was somewhat delusional or unbalanced? It is far better for the Wimbushes to appear a little crazy, rather than be known to be malicious child abusers.

Posted by: Linda Williams at March 23, 2017 9:03 AM
Comment #414585

Considering the extreme situation that Recardo had been living in, the statements he made to the police officer are interesting. He said that he was coming from an orphanage. That seems somewhat accurate, if you consider that he was living under subhuman conditions, where proper parental care was dangerously lacking. He said that he had been living on the streets for two months. This statement could have been a clue to the police officer to take note of Recardo’s physical condition. If the officer had taken a moment to observe and consider the boy’s physical state, he might have realized that an investigation of the home was in order. The case worker, Patricia Booth later gave a detailed description of Recardo’s condition, which exposed abuse.

Because of the abusive conditions, Recardo had been desperate enough to run away. He could have come to very serious harm, or even lost his life, as a result.

Posted by: Linda Williams at March 23, 2017 11:46 AM
Comment #414617

Correction —The name of the observant, articulate and compassionate case investigator who visited the home and testified on behalf of Recardo is Patricia Boon.

Posted by: Linda Williams at March 23, 2017 6:31 PM
Comment #414670

It was my impression that Recardo Wimbush Senior was fearful, from the beginning of the trial, because he was aware that there would be a real consequence for the Wimbushes and that they would not get out of it. His emotional moment may have come because he hoped that a particular statement made by Joi would help to lighten any sentence. I think that Joi said something like —Our parents tried to do everything that they could for us. This statement may have brought the tears.

It appeared that Joi had been influenced, as implied by State Prosecutor Dan Mayfield, when he commented upon the choice of language that she used regarding the supposed “violation” of the siblings. Also, Joi bluntly told Attorney Dan Mayfield, several times, that she did not understand the question —apparently because a truthful response could have harmed the defence. Is it possible that the Wimbushes were trying to get a shorter sentence for Recardo Wimbush, senior, because he may have come across as less culpable? However, it seems inconceivable that he was not every bit as guilty as his wife. Who could possibly subject a child to such conditions?

Posted by: Linda Williams at March 26, 2017 5:43 AM
Comment #414671

Joi was asked by Recardo Wimbush senior, if his son wet his bed and she replied that he did —When he did something bad. The cruelty of the mention of this matter only again suggests abuse. It implies that the child wet his bed after being brutally beaten for “misbehaviour.”

Posted by: Linda Williams at March 26, 2017 5:51 AM
Comment #414672

Of course, it is heartbreaking for the children to go through the loss of their parents and the break up of the family. The time before they will reunite may seem unbearably long. However, it can be used for good. I wish for the children that they will make the best of their new situation. Full responsibility for the family break up lies with the parents. I know that it is difficult for children to accept that fact. Will the siblings reach out to Recardo?

The Wimbush parents could do what Therian claimed to be providing for her son —take time to reflect, change course and embrace a better way of being. If they truly love their children, they will attempt to do this. In prison, as educated adults, they have huge possibilities, more than most prisoners could hope for. If they have committed their felonies because they lack empathy, they can look into cutting edge ways of developing areas of the brain that are dormant. It is still possible for them to make a contribution to themselves, to their family and to society, to balance the harm that they have done.

They could spend the time blaming others for their situation and trying to plan reprisals. Or, they could empower themselves by accepting full responsibility and by dedicating themselves to turning around the circumstances that they have created. Why would Therian Wimbush be more likely to succeed at this, than any other person? She has tremendous determination.

Posted by: Linda Williams at March 26, 2017 7:01 AM
Comment #414685

I just came across a website — “schema therapy” of New Orleans and it seems that this could be helpful for the Wimbush parents. It appears that the professionals who do this work have systematized detrimental pathways that people get on to in life and have ways of supporting them. They mention that Christy Helmke, one of their staff members has experience in grief, trauma and crisis counselling, is available currently and has reduced rates.


This could be just one avenue or type of research that could help the family.

Posted by: Linda Williams at March 26, 2017 7:01 PM
Comment #414693

I think that it could be good for Recardo Jr. to try performing comedy. He would probably be very funny and well received, at school or at local clubs, where the general public can have a few minutes to do a skit. This kind of experience could build up his confidence and attract new friends for him. Some performers are very shy, but able to be expressive on the stage. I would suggest themes unrelated to his ordeal.

Posted by: Linda Williams at March 27, 2017 10:06 AM
Comment #414694

The Wimbush girls might find it interesting to begin studying child development and child rearing. They could start a study club at school and disseminate their knowledge. They might find it exciting to involved themselves in such a life-enhancing project and they would probably be gifted at developing it. It could take several months or several years to get prepared to do this and it could turn around some of the distress that they feel.

Posted by: Linda Williams at March 27, 2017 10:16 AM
Comment #414695

The Wimbush children could bring into the world between ten and one hundred children of their own.

Posted by: Linda Williams at March 27, 2017 10:22 AM
Comment #414696

Ultimately, child development study clubs across America could bring much good and prevent tragedy. Whether the Wimbush girls would wish to have a role in such an initiative, remains to be seen.

Posted by: Linda Williams at March 27, 2017 10:28 AM
Comment #414698

Another activity which the Wimbush girls might like would be to listen to songs that express their emotions. They could do this individually, as a family, or as a wider, social activity.

They could also begin writing song lyrics and tunes, performing them, recording them and sharing them. They can express strong emotions, while leaving the lyrics somewhat open to interpretation, so that a wide audience can relate.

Posted by: Linda Williams at March 27, 2017 11:08 AM
Comment #414705

Day 1 Part 3 Recardo Sr. asks Patricia Boone what rooms she saw in the house. Is there any possibility that there were other things in the house that must not be seen? Is it even possible that another child died in the care of the Wimbushes? He specifically asks if she saw pictures of the children on the wall. Why would it matter what rooms the case worker saw ?

Posted by: Linda Williams at March 27, 2017 6:54 PM
Comment #414751

One news program stated that according to lawyers, a sentence of twenty years of confinement in this case, will likely only result in three or four years of confinement.

Posted by: Linda Williams at March 29, 2017 9:32 AM
Comment #414783

Lianne Chancey was highly effective in all of her testimony and a lovely person to care for the children. They already had certain of her turns of phrase in the trial.

The Therian presentation for the jury was exuberant. Sadly, it worked on half the jurors. The subsequent presentation for the judge was almost a contradiction in tone and content. Judge Fluker did not say “Oh, my goodness. You were simply saving your son. For using a DVD player without permission, he most certainly needed to be locked up and treated like a prisoner of war.” Thank goodness that she was discerning and professional from start to finish and could not be swayed by such preposterous fabrications.

Posted by: Linda Williams at March 30, 2017 1:00 AM
Comment #414796

Therian Wimbush has connection to the U.S. military. It is well-documented fact that the military select innocent Americans to be used for experimentation, without their knowledge or consent. This can cause physical suffering and injury or death. Is it possible that Therian and her husband trafficked Recardo, for profit, to be used for medical experimentation in methods of social control?

He was being raised in total isolation. He was being defamed by the parents and his siblings were given permission to humiliate him (i.e. his parents “lied on him”). He was subjected to trauma and torture. The military could well find him to be an interesting subject because his father is an athlete and Recardo is very intelligent and creative.

Whether this is true or not, the case is most interesting. It highlights the new form of invisible abuse, which many people would tend to minimize.

Posted by: Linda Williams at March 30, 2017 4:15 PM
Comment #414797

Therian Wimbush has connection to the U.S. military. It is well-documented fact that the military select innocent Americans to be used for experimentation, without their knowledge or consent. This can cause physical suffering and injury or death. Is it possible that Therian and her husband trafficked Recardo, for profit, to be used for medical experimentation in methods of social control?

He was being raised in total isolation. He was being defamed by the parents and his siblings were given permission to humiliate him (i.e. his parents “lied on him”). He was subjected to trauma and torture. The military could well find him to be an interesting subject because his father is an athlete and Recardo is very intelligent and creative.

Whether this is true or not, the case is most interesting. It highlights the new form of invisible abuse, which many people would tend to minimize.

Posted by: Linda Williams at March 30, 2017 4:16 PM
Comment #414814

A couple of years prior, the House Judiciary Committee, examining the impact of over the top suit on the United States’ worldwide aggressiveness, was recounted five sorts of prosecution manhandle by offended parties direct: disgracefully enlisting offended parties, bringing in remote cases, piggybacking off government examinations, seeking after total case, and looking for outsider case financing

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Comment #414931

Despite Ms. Goode’s qualifications, she seemed somewhat scattered when arguing that the children should continue to see the Wimbushes. Her main point was that children who do not see their parents at all do not do as well as children who see their parents. But these two groups of children may be very unlike. If children who are permanently separated have more difficulties, is it because in order to be denied all contact, parents must have committed very serious abuses—and so, the children are experiencing aftereffects? Do they have more difficulties because they need contact with their birth parents—or because they have not had contact with more nurturing parents? Is there any research that really makes the distinction? What percentage of parents are stripped of all contact with their children? Possibly, the sample is so tiny that no clear conclusion can be drawn.

Ms. Goode seemed to think that her stronger point was that the children should have what they want. She inferred that the children must have had a good upbringing, because in some ways they were better off than other children who are taken into care. However, the father was a star athlete and both are intelligent and educated. So, the children have inherited a sound genetic start. As we saw with Recardo, the abuse was not dramatically visible, in the form of open wounds. However, the effects of his incarceration cannot be underplayed. Even if the children were to never see the parents again, many attitudes and beliefs that the parents have instilled could limit them seriously.

The more a caregiver can inspire, encourage and empower a child, the better. It is far better for a child to be eager to assume responsibilities than to feel coerced and forced against his or her will. A parent can teach the value of being truthful by modelling truthfulness and by praising children when they demonstrate it. Because these children are so bright, it would be very easy to motivate them to develop good ways. Recardo could have been told that as the eldest, he could begin to have the privilege of helping out by keeping track of some family items. He could start a binder and sign in and out the DVD player and check that it was in working condition. He could begin to help to contact the repair company. If he were rewarded and acknowledged for his maturity, he would be more likely to feel positive about himself and about expectations. He could be told that he was being a great role model for his younger siblings. Then, his siblings would not humiliate him by asking why he did not follow rules.

Ms. Goode said that the children were remarkable and balanced enough to be able to manage seeing the parents. Yet, she had mentioned how a child had threatened suicide and had had to be hospitalized. Although being separated is traumatic, renewing contact, with a possibility of stopping contact, may be more traumatic.

Of concern too, was the comment that the children are now angry at the state and an implied threat that they could act out and threaten suicide. It is not proper for children to hear such a view from a caregiver, as it encourages a destructive attitude. It will be positive for the children to realize that the professionals involved have protected them, out of sincere care for their wellbeing. I would focus on what the children could do, while waiting to be reunited with their parents, in order to continue to thrive. Despite my differing opinion, I would think that Ms Goode must have many qualities that make her a good advocate for children.

It did seem that Therian Wimbush had a way of speaking to the children, which could undermine their wellbeing. She would ask —How are you doing? Then, when given an enthusiastic reply, such as “good,” she tended to repeat it in such a way as to cause doubt and a feeling that it was the wrong answer.

Needing to control the children too much could result from very strong insecurities. The Wimbush parents can take the time away to work on themselves. They can hope for the best and demonstrate initiative in learning what caused them to repeatedly make such a grave error of judgement or to vent negative emotions on their children. Even with supervision, such harmful emotions can be conveyed in subtle ways and can cause distress to the children.

It would be well for all aspects of the case to be monitored closely and for any needed modifications to be made.

Posted by: Linda Williams at April 3, 2017 7:22 PM
Comment #415141

There is a phenomenon known as “trauma bonding.” Joseph Mengele, the sadistic holocaust torturer was able to bond strongly with many of his victims. They “loved” him and called him “beautiful Joe.”

Posted by: Linda Williams at April 8, 2017 11:53 AM
Comment #415327

The cost to society in lost potential and in support for the children of this family is considerable and will likely continue. It would be well for social services to check in on families that home school and even families in a more general manner—to avert many tragedies. It does seem unhealthy that a child would be schooled for a number of years, by only one or two instructors —the parents—who need not have any qualifications, whatever, to do so. It would be a serious mistake to assume that parents who are educated will all make capable teachers, because not only knowledge and skills, but many qualities of character are essential in teaching.

Posted by: Linda Williams at April 14, 2017 12:00 PM
Comment #415513

The Georgia state prosecutor, Dan Mayfield is a truly outstanding professional. The good that he has done, by presenting this case is inspiring.

Posted by: Linda Williams at April 25, 2017 2:28 PM
Comment #416575

Therian said “I love you.” to each of her sons. However, this could be deception, used to control each of them. If so, coming to terms with such a misfortune will likely be a struggle for each of the boys.

She said that Joie and Recardo had always been “very close,” yet Joie expressed no concern about the treatment of Recardo and no desire to see him or help him, while he was locked up.

If I thought that these comments could reach the children and cause more harm than good—I would not make them. In the short term, people may naturally tend to dismiss any opinions that they are not ready to grasp and respond to. Half of the adult jurors were not able to believe that the parents had to have been aware of the suffering to which they were subjecting Recardo.

The best that can be said in favour of the parents is that they do not demonstrate the level of maturity, necessary for the care of children. If they have some brain condition, that interferes with empathy, it is possible that this could be cured—with enough research. Possibly some of the Wimbush children will become doctors or lawyers, in order to heal from their experiences, to help others and to give back to the professionals who have worked tirelessly for their good, and the system, which is protecting them.

Posted by: Linda Williams at May 21, 2017 7:57 PM
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