March 19, 2004: I surrender myself to the Kenosha
County jail at 2:00 for a six month sentence.
Hi! I am Bernie Tocholke. Several
attorneys and many general public type of people have told me that
I'm getting "screwed." I
believe my Judge has been bought out by money or a motivational bribe.
Here is only some of my story to explain why I think that of her. I
will let you decide whether or not you think that there is a Judge
that has fallen by accepting a bribe in Kenosha.
I moved to Kenosha, Wisconsin in the late 1990's. I started the tree cutting
business known as ALL WOOD HERITAGE
My peak year was 2001. That year
I not only paid living and operating expenses, but also made about
$20 to $25,000 in equipment payments which included a large down-payment
on a Skid Steer. Now in filing taxes, a business like this does not
write off what was paid in payments. Instead
it gets itemized as depreciation. The total amount of depreciation
over five years, and the total purchase price excluding Interest will
be equal when complete. The depreciation or payments do not always
equal per year but will balance equal at the end, which was 5 years
in my case.
Now the reason my family moved to Kenosha from Northern
Wisconsin was because of a Church operating under the name of Church
of God Restoration. The people (at first) seemed so nice, caring and
conservatively sincere that we moved because we wanted to friendship
with them. However after I moved I realized that I made a terrible mistake,
but my wife was totally committed already.
I’ve seen children get literally beaten black
and blue, for this cult taught and practiced total submission from the
child before the spanking ends. Any wrestling to beat them was extra
and not part of the punishment, yet. The designated amount of swats only
began when the child on their own laid across something and stayed in
that position until the swats were complete. Do you think that is submission
or abuse? I witnessed the bruises and abuse that went upon a child many
a time. I’ve seen Sue O'Shea
the Pastor's wife, beat her babies across the top of their hands for
not sitting still in Church. She has told parents, if beating left
any bruises to soak the child in Epsom Salt to quickly get rid of the
evidence. Another thing is that they don't believe in doctors' or medicine.
Adults and children have died in this group. Look up www.rickross.com.
He is an investigator in Cults. You can then read
several articles and
topics including the story of an 11 month old baby that got sick and
within 1 week died without ever seeing a doctor or a drop of medicine.
I knew the couple personally before they were married. They were just
deceived by this cults teaching.
I started refusing to obey their barbaric teachings and practices. The
Kenosha Pastor called me in his office several times and fiercely reproved
me for the following reasons. I had bought my son an inhaler for his asthma.
I stopped beating and abusing my children the way they taught. He reproved
me because I wasn't obeying him in all the activities of life. I was rebuked
for trying to pull my wife and family away from this cult. You can read
the Kenosha News, April 23, 2003 on some of this.
Then January of 2002 my mom died. My dad and siblings were getting together
in memory of mom, 2 months later on Easter Sunday, March 31, 2002. In February
the Pastor, Pat O'Shea, had warned me that unless I was going to submit
to their teachings, my wife was ordered to leave me. She was in the office
with me when I was told that, so when I expressed that I wanted to skip
a Sunday service to be with my grieving family, my wife left me. Skipping
service was not acceptable without Pastors permission. She took the five
youngest children and moved into the Pastor's house where I couldn't talk
or see them for the next 35 days. I tried though. I got the phone hung
up on me and the Pastor's door slammed in my face, when I tried to contact
I then made my worst mistake by
hiring Attorney John Anthony Ward. Right from the beginning he lied
to me and told me the only way I get any rights to see my children
is to file for divorce. I told him I didn't want divorce, but isn't
there a way to just have a filing to see my children? He said "NO!"
Over a year later I found a different attorney that said yes, I could
have had a court order to see my children. Ward is either ignorant or he
wanted the money for a divorce that I didn't want.
I wanted partial custody, but he
said "No, we will fight for full
custody." About five months later he deceived and begged me to sign
the marital settlement agreement that he drafted up without any of my input.
At first it was the privilege of seeing my child only one day a month.
I resisted signing it regardless of his pleadings. He then went in the
next room with her attorney to negotiate. He came back with what he called "The
best we can do!" He said we better settle for 1-1/2 days a month or
I will lose the children completely. If I don't want to lose my children
totally, I’d better sign the agreement he drafted. I didn't know
the facts and was scared of what he was saying. He lied to me and I
didn't know it. After he said we can fight it later, I decided that
that's what I must do but with a different attorney. He never told
me that later meant no sooner than 2 years later. Because John Anthony
Ward lied and royally screwed me the way he did, no other attorney
can undo what he did until 2 years expires, without great difficulty.
That worthless attorney (in my book) also allowed the courts to add
my equipment payment back into my income. Oh, yes, he did very casually
mention it in court, but much more aggressively argued against me out
in the hall. I gave him my accountants phone number to find out how
my payments actually are the reflection of depreciation, but he not
even once contacted him. If depreciation was added, them my payments
were never written off as an expense. I was penalized for having made
payments because in the Kenosha Courts, they were added into my income.
In the 1040 tax forms there is also a false fraudulent framing from
line #22 where it states my total income verses line #35 which is less
because it is my adjusted gross income. The difference between the
two numbers is the deduction for self employment tax. According to
the Kenosha Courts self employment tax is not an expense but it has
been framed as income for me and equipment payments is also income!
I made about $12,000, after expenses which includes payments and taxes.
But the first year I was ordered to pay $16,000, for child support
for the younger five children and I still supported my oldest two that
are living with me. Yes, the family is ripped apart and the 7 siblings
get to see each other only 1-1/2 days a month!
Common sense says ALL businesses would fail if forced to pay an expense
of about 130% of adjusted gross income. Struggling under that kind of load
I first lost my phone from disconnection after I couldn't pay my advertisement
bill. After that I started falling faster and faster. Within one year I
was basically bankrupt without the lack of pride or the $900 to do it.
Ward allowed me to have all the bills that where legitimate bills except
for a few trumped up ones from the Cult. I can't even afford to file bankruptcy!
I lost my home and also my equipment. I am about 3 months behind on my
van payments. I am in collection from several companies. Today I can't
even get a checking account that has a $100 ready credit line which is
required for a debit card, I get declined. I paid over $17,000, so far
in child support but I'm still behind I think about $7,000.
So why do I think that Judge Mary K. Wagner is part of the problem and
why I think she is bought out? Here is my reasons.
1.) John Anthony Ward at about half‑way through my divorce suddenly changed
and started giving my rights away until the final papers Oct. 2002. I talked
to about 6 other attorneys after that, none wanted anything to do with
my case. One took my case and just a few days later begged me to release
them from representing me. One did some investigating first before accepting
my case, but then he sent a letter a few days later saying that he couldn't
take my case.
2.) Judge Mary K. Wagner refused to even look at my tax forms at one point
but just demanded jail time unless I get $5,000 by 5:00 P.M. that day.
I borrowed the money but sold some of my equipment doing it.
3.) Sept. 2003, Judge Mary K. Wagner
wanted to throw me in jail again and refused to look at the facts of
my real income. She then demanded I better be current on child support
Dec. 12, 2003, or have 10 job applications per week, or have another
job. "It is a poor business if you can't
pay the $250/per week and you need to get a different job!" is basically
what she said.
4.) Dec. 12, 2003. When I came
to that court hearing I noticed that Judge Mary K. Wagner was absent
and there was a substitute. Now I noticed a very opposite justice between
Judge Mary K. Wagner and the nice man Judge George D. Bastianelli.
That judge because he was a substitute couldn't have the liberty to
change anything for me; however, he made my ex's attorney squirm under
a lot of questions directed at him. "How can you call him contempt
when he paid over $16,000 already"? How is he supposed to pay $250
a week? He asked more questions that convinced me that he was a fair
judge. He was somebody that looked at the facts instead of acting like
he was bought out or paid off. I appreciated him. I obtained myself immediate
employment at $8.75/per hour. I couldn't find anything else with more
income. I also paid for a hearing to evaluate my change in employment
and to see if I could have my children for the Sunday following the Saturday
that I have them. A commissioner denied every proposal I made. I immediately
filed for a Denoval Review that would be in front of a judge.
5.) Jan. 5, 2004, I was before
Judge Mary K. Wagner once more. I was blasted again by Judge Mary K.
Wagner at the Denoval Review that I paid for. She said I willfully
gave up my good self‑employment job and chose to under-employ myself
in this under $10 per hour job. But yet she is the one that told me
in September to quit this unprofitable business. If I can’t pay
all my support, I am supposed to get 2 or 3 jobs. I mentioned that
my ex‑wife has a 4 year college teaching degree, and she used to be a
teacher. Judge Mary K. Wagner refused my reasoning and basically allowed
my wife to stay at home, take care of my children, and live on my support
and the tax‑payers money. She threatened me with jail again if I'm not
current by March 26, 2004. So the tax‑payers get penalized again for
her unfairness. I mentioned about the state formula that is with percentages,
with a maximum of 34% of workable income. IF I would have had to pay
34% of my income from May 2002, I would be almost $10,000 in the black,
instead of $7000 in the red. When I brought that up she got mad and said
that sometimes she needs to take it beyond what the state sets. Did the
people vote a judge into office to enforce the laws of the state or a
God that can make her own rules as she goes along? Why was Judge George
D. Bastianelli so different but yet fair with the state laws?
7) I have my children from Friday noon to Saturday evening only once a
month on the 4th weekend. I wanted that changed at least from Saturday
morning to Sunday evening since I have to work Fridays and my two boys
need to be in public school Fridays. Judge Mary K. Wagner once again refused
my proposal and said the five children need to be with their mother in
church. I called it a cult and Wagner says that everyone is entitled to
their own opinion. What do you think? Is it a church or is it a cult? Is
Judge Mary K. Wagner representing your opinion? Is she representing the
people that voted her in? Is she spending your money with your approval
to allow someone with a teaching degree to sit at home on welfare? When
I make a private survey of the general public and show or tell them all
the rules in this organization, exactly 100% of them tell me it is a cult.
Then why can a judge that is supposed to voice the opinion of the people,
that voted her in, have the opposite opinion and judgment? My only explanation,
is that I think she has been paid off.
Note: Address may vary Either: 41391Little Sand Rd., Hinckley, MN 55037
Or: Kenosha Jail
P.S. So what are the beliefs of this cult that Judge Mary K. Wagner thinks
that my children could not afford to miss the Sunday church service to
be with me? She did deny me my request to have my children until Sunday
evening on the weekend that I have them, but she stated that they needed
to be with their Mother in church.
The Pastor and cult will deny these rules and say that I wrote these rules down and not them. That is true, they never wrote these rules down but
just preached them. But before you believe their denial of these rules,
ask them which ones they participate in and therefore making me a false
accuser. Example: Ask them which fair or parade they went to since they
became part of this group? Ask them when was the last time they wore a
red shirt or dress? Ask them where is their U.S. flag? Ask them to recite
the pledge of allegiance to the flag, they preached against that! Ask any
question about this list like that and you will find that this list is
true. And Judge Mary K. Wagner ruled that I only get my children a partial
weekend only once a month, because they need to be with their Mother in
that church on Sunday? Do you think she is paid off? Is she representing
your voice and vote of opinion? She did get voted in to enforce the views
and opinions of the people that voted her in, right? So is she expressing
So how can I get the following things changed when a Judge is bought out?
1.) Child Support adjusted to my present income with the percentage formula
set by the state of Wisconsin.
2.) Let me have my children at least for the full weekend until Sunday
night, especially if it is only one weekend a month. Is it unfair to have
my children more then just one week in the Summer? Can't I have them more