NEWS
‘THE SYSTEM FAILED’ Colorado lawmakers consider reforms to the way family courts handle abuse allegations BY HANNAH DREYFUS, PROPUBLICA
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olorado lawmakers are considering two bills that would reform the way family courts in the state handle cases involving allegations of domestic abuse, saying ProPublica’s reporting on the issue has catalyzed efforts to change the state’s custody evaluation system. Rep. Mike Weissman, an Aurora Democrat and the chair of the state House Judiciary Committee, praised ProPublica’s investigation, which found that four custody evaluators on the state-approved roster last year had been charged with harassment or domestic violence. In one case, the charges were dismissed. One case — that of psychologist Mark Kilmer — led to a conviction. In the two others, it is unclear how the charges were resolved. Rep. Meg Froelich, a Democrat representing Englewood and a cosponsor of one of the bills, said she gave a copy of the article to every judiciary committee member before the legislative session got underway. “We don’t usually see in-depth coverage on this kind of thing,” Weissman said. Meanwhile, Kilmer, who was suspended from working as a custody evaluator following publication of ProPublica’s story, is being sued by six plaintiffs over his involvement in their cases. ProPublica’s story revealed that Kilmer was appointed to evaluate custody disputes involving allegations of domestic abuse despite Kilmer himself being charged with assault in 2006, after his then-wife said he pushed her to the bathroom floor, according to police reports. He pleaded guilty to harassment in 2007. Kilmer told ProPublica that his guilty plea was a result of poor legal representation and that his ex-wife made
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false allegations to get him arrested. Kilmer was quoted in the story saying he did not believe about 90% of the claims of abuse he encountered in his work — an estimate he said was based on experience, not scientific research. The bill co-sponsored by Froelich would require experts who advise the court on custody proceedings to have expertise in domestic violence and child abuse and would restrict judges from ordering forced “reunification” treatments that cut a child off from their protective parent, meaning the parent who expressed concerns about abuse or neglect. Courtordered reunification “camps” often prohibit contact between minors and the protective parent as part of “therapeutic” treatment. Among those testifying on behalf of the legislation was Elina Asensio, a teenager who was featured in the ProPublica article. Elina’s father was
charged with felony child abuse and pleaded guilty to misdemeanor assault after dragging her up a flight of stairs. Kilmer was appointed to evaluate the case and recommended that she remain under the authority of her father. The parties ultimately resolved the custody dispute through arbitration and Elina remains partially under her father’s authority. “The system failed me. My voice did not matter,” Elina, 17, told the committee. “My childhood has been taken for me. To this day, I still don’t know what peace feels like.” Through his lawyer, Elina’s father, Cedric Asensio, told ProPublica that while the initial charge of felony child abuse against him was “very serious,” the case’s ultimate resolution — a misdemeanor assault plea — indicated “there is much more to the story.” The second bill, which passed the House Judiciary Committee and is pending budget approval before the Colorado General Assembly this week, would create a task force to study training requirements for judicial personnel on the topics of domestic violence and sexual assault, among other crimes. The plaintiffs suing Kilmer, who include Elina’s mother, Karin Asensio, allege fraud and breach of contract related to his work on their cases. They accuse Kilmer, who is licensed
as a psychologist in Colorado, of violating the American Psychological Association’s code of conduct by advising the court on matters related to domestic violence and child abuse despite his history of domestic violence. The plaintiffs claim they would not have hired Kilmer had they known his personal history and views about abuse allegations, which they learned of from ProPublica’s reporting, according to the complaint. In Colorado, the fees for parental responsibility evaluations — expert psychological assessments intended to inform judges’ custody decisions — are paid by the parties to a case. Fees are not capped and typically range between $12,000 and $30,000 for a custody evaluation, with some Colorado parents reporting that they paid over $50,000. Kilmer didn’t immediately respond to a request for comment. Following his suspension last fall, Kilmer wrote to the court and criticized ProPublica’s investigation as the work of a “nonsense journalist” and apologized to his colleagues “for any inconveniences my well-intentioned interview may have caused for party/client relations past, present and future.” “I have little experience with the print media, personally or profession-
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