Betrayal - S2: Bonus Ep 6 – Divided Justice: Family Court vs. Criminal Court

Episode Date: May 9, 2024

The Betrayal team checks in with Ashley about her ongoing divorce, her custody battle, and the challenges navigating the legal system as she fights to keep her family safe.  If you would like to reach out to the Betrayal Team, email us at [e-mail].    To report a case of child sexual exploitation, call The National Center for Missing and Exploited Children's CyberTipline at 1-800-THE-LOST   If you or someone you know is worried about their sexual thoughts and feelings towards children, reach out to stopitnow.org   In the UK, reach out to stopitnow.org.uk See omnystudio.com/listener for privacy information.

Hey, girlfriends. It's me, Carol Fisher, back with another season of the global number one podcast The Girlfriends. Last time we investigated the murder of Gail Katz. This time we're uncovering the identity of the woman who was buried in Gail's grave for a decade before she disappeared. Join me and the rest of the club as we tell her story. Listen to season two of The Girlfriends, Our Lost Sister on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts. Imagine you're a fly on the wall at a dinner between the mafia, the CIA, and the KGB. That's where my new podcast begins. This is Neil Strauss, host of To Live and Die in LA. And I wanted to quickly tell you about an intense new series about a dangerous spy taught to seduce men for their secrets and sometimes their lives. From Tenderfoot

TV, this is To Die For. To Die For is available now. Listen for free on the iHeartRadio app, Apple podcasts, or wherever you get your podcasts. Hey guys, this is Paris Hilton. Trapped in treatment is back and this season we're taking your podcasts. Join my host as they unravel the story of the largest and most shocking organization in the history of the troubled teen industry. Listen to season two of Trapped in Treatment on the iHeartRadio app, Apple podcasts, or wherever you get your podcasts. I'm Andrea Gunning, and this is a Betrayal Bonus episode. We know a lot of you have been wondering about Ashley, where she is now and how her divorce is going. Well, we sat down with her to find out. What you're hearing in the background is a TV crew.

I'll explain later, but right now we're here to get an update from Ashley. I'm so excited to be doing this in person. We haven't recorded in person in like a year and a half. Yeah, it's like a different lifetime for me. So much has happened, but today I really want to focus on the major updates in your life. And that is the topic of divorce. Tell me a little bit about what's going on.

We've been in mediation for a little over two years now because of how I was represented in the very beginning. There were some things put into the divorce that put me at a really big disadvantage now, this late in the game. Wait, so just as a point of clarity, you've gone through two attorneys for this. So the first one, you weren't aligned.

No, no. We looked around and I found a new attorney, Laura. She's been fabulous in her team. But what it looks like to me, as long as Jason is fulfilling what the criminal court said he had to fulfill, and he's meeting all of those expectations and requirements to be rehabilitated and to be able to integrate into society, then the family law recognizes that as him no longer being a threat. He can have unsupervised visits with our youngest daughter within six months. So on the criminal side, he has stipulations of his probation.

I don't get to know all of that because of hippoprivacy laws. Even as far as his psychosexual evaluation, I don't get to see that. Which is court mandated therapy. Yes, court mandated therapy that he will graduate in August of this year. Wow. Yeah. And so what they're wanting is just to go by regular family court, like every other weekend, half holidays, things like that, like even sleepovers.

I imagine not really having insight on how the process is with therapy. You're really in the dark. It's a big leap of faith to ask somebody to take. I don't have a choice. And to me, it seems reckless that any court would allow this but he has rights as a father and there's nothing I can do about it. Our court system is putting a 10-year-old in the position of possibly

being a victim. How terrible is that? How are you emotionally dealing with all of this? It pisses me off. It makes me angry. Like I've said over and over and over to anyone that will listen is, you know, I didn't get the chance to protect Aveya. I didn't know I needed to. I know I need to protect my youngest daughter. I don't get that opportunity.

So what I am doing is giving a 10 year old as much age appropriate information I can to make sure she's aware of her surroundings and she knows what it would look like if something was weird and what would she need to do next. Do you ever imagine having to have a conversation like that with your kid about their own father? No, I mean, she loves her father. He's so much fun. And they do all these really great things together

for her to see that and then to hear, like you need to be aware. You need to put your guard up. I can't believe you have to carry that. And I can't believe a 10 year old has to carry that responsibility. Yeah, and I think her being so young now, that's why it's so important to have some

type of guardian at litem there to make sure that she's represented appropriately. I don't think a lot of people know this, but what is a guardian at litem and why did you decide to work with one? What I was struggling with in the beginning when I first hired my new lawyer was I want to do what's best for my youngest daughter. So the guardian ad litem essentially comes in and acts as a lawyer for my daughter. He looks at the facts, takes in account what's safe for her, what's best for her mental health. He'll put in a suggestion and say, I recommend this.

Do I feel like that was a good idea at this point? No. I'm not saying guardian ad litems aren't valuable because they absolutely are, but they can only act as far as the law will let them. And I didn't realize that. I really thought there was going to be more of like a human to human, parent to parent type of thing in there and it's not.

I'm really sorry that you're navigating that. What's going on with the house? What's going on with the financial aspect of everything? Early on in the divorce, there were things that were drafted and agreed to that I just didn't know. Things like you pay your legal fees, I pay my legal fees. The resource that I was using for my divorce was a free service. At that time, that seems like a no-brainer because my legal fees are nothing.

Another thing that's interesting is Jason had signed the deed of the house over to me right after he was arrested. I had been working on a refinance on the house already, getting our credit where it needs to be, fixing his, yada, yada, yada. During that time, I had received a notice that our home had a pending lien on it in his name. I went to the jail and told Jason,

I'm gonna lose this house. If the mortgage stays the payment that it's at right now, I had already at this point taken out and told Jason, I'm going to lose this house. If the mortgage stays the payment that it's out right now, I had already at this point taken out as much of my 401k and my Roth IRA that I could to pay off any debt that we had. His medical bills, credit card bills, everything, tens of thousands of dollars.

So how is this coming to play in the divorce if you're on the deed and it's your home now? Because it's still marital asset. It doesn't matter whether it's debt or income. Those are shared things. And so he wants me to sell my home. And in his words, he wants a fresh start. Where am I going to go when the homes around my area are going for three times the amount?

There's nowhere for me to go with my children. He's all this support to get his life back together and on track. You've had to pick up yourself by your own bootstraps since everything went down. Right. And don't get me wrong, my family has been wonderful. I'm supposed to be established. It's wonderful. I am supposed to be established. It's not what I was supposed to be doing. It's not what was in my plan.

None of this was a part of what I was supposed to be doing. If he was truly sorry and remorseful for what he's done to you, Aveya, your family, what do you think that would look like? What he could do if he cared about our wellbeing, he would just walk away. Anything that comes your way, I know you can handle. Will you make sure to give me an update when your divorce is finalized so we can tell the audience?

Absolutely. Hopefully we're cheering. You can have a glass of champagne where you're at and I'll have one where I'm at. I'll send you a bottle of booze. Done. Okay. Okay. I really hope we can send her an entire case of champagne soon. And as soon as there are updates, we'll keep you guys posted.

In the meantime, we'll get an update from Ashley's attorney, Laura, it's me, Carol Fisher. I'm so excited to tell you about the brand new series of The Girlfriends. In season one, we told you about the murder of Gail Katz at the hands of my ex-boyfriend Bob. At one point, a woman's torso washed up on Staten Island and was misidentified as Gail. She spent nine years in Gail's grave, and then she just disappeared.

It's almost like it's become this moral obligation to find her. And that's what we're going to do, find this missing girlfriend and tell her story. With the help of some of your favorite girlfriends from season one, like my producer Anna. Oh my god. My friend Dr. Mindy Shapiro. Hi, it's Dr. Shapiro and I'd like to speak with the deputy medical examiner.

And of course, Gail's sister Elaine Katz. Having no closure. it kills you. Join us as we try to solve a 35-year-old cold case. It's not going to be easy, but it's going to be one hell of a ride. What? I can't believe this. Listen to Season 2 of The Girlfriends, Our Lost Sister on the iHeartRadio app, Apple Podcasts, or wherever

you get your podcasts. Danielle Moody here, host of the Woke F Daily podcast. We've been with iHeart's outspoken network for a year, and what a year it has been. Every weekday, I navigate our rapidly changing world alongside our series of fabulous expert guests. As we head deeper into 2024 and yet another life-changing election cycle, Woke AF Daily is here to keep you sane and woke. Woke not just to the latest headlines but also to the collective power we all have. Woke to the need to build community with those around us. Woke to how to avoid burnout and woke to the ways we can all find joy in the madness.

Make Woke F Daily with Danielle Moody your podcast destination for 2024 election news and analysis. And tune in to hear the ways I am working to stay grounded amidst it all. Listen to Woke app daily season five on the iHeartRadio app, Apple podcasts, or wherever you get your podcasts. Hey guys, this is Paris Hilton.

Trapped in treatment is back and this season we're taking on WASP. They held us in dog cages. They starved us. They beat us. They burned us and subject us to really horrible, cruel and unusual punishment. After my personal experience at Provo Canyon School, I was shocked to learn that a man named Robert Litchfield, a man who got his start at the school that I went to, would

go on to create a multi-million dollar empire. He was trying to brand us, so we were going to become the McDonald's in treatment. The worldwide association of specialty programs in schools. They prey on you know a parent's really natural and beautiful love for their children in a really really unfortunately effective way. At this time in my life now, if someone presented this program to me and not just because I've already experienced it, sham, scam, beware. Listen to season two of Trapped in Treatment on the iHeartRadio app, Apple podcasts, or wherever you get your podcasts. I always have to be reminded that family court and criminal court operate separately.

So Ashley and I wanted to sit down with her attorney, Laura, and understand how those two separate systems are impacting Ashley and her divorce, specifically when it comes to custody. Hi, Laura. Hi. So glad to have you. I wanted to introduce you to custody. Hi, Laura. Hi. So glad to have you. I wanted to introduce you to Andrea. Hi Laura.

It's so nice to meet you. Hi, Andrea. Nice to meet you too. So just to give you a little backstory, Andrea is the gal who did the podcast with me and been like a huge part of just my overall journey through Jason's criminal case and even with my divorce. So I wanted to get you guys introduced so we could have a conversation

about how our divorce is going. Yeah, Laura, when Ashley first wrote in, I think the subject line was my future ex-husband, and that was two years ago, and you're still working through the divorce. But I just wanted to ask you questions about where you guys are now and what you're currently working to negotiate

for Ashley's behalf. Sure, no problem. What are the things that you guys have to navigate in terms of custody and financials? Just give me a little bit of a background of all the things that you guys have to take into consideration and why family court is different than criminal court and why they're kind of treated separately.

So the way it works in Utah is similar to most states where there are separate court systems for criminal cases than civil cases. So family law, divorce cases, custody adoption, they fall under the category of civil law, which means that they're heard by a district court. Now that same court can hear criminal cases, but they're entirely different cases. They don't get linked together.

And then they are just different systems. They have different standards, they have different laws that are applicable, and they don't cross. So there's not really a mechanism that you can join the two cases together. Ashley's case is a little bit easier in that we have a criminal conviction, we have criminal charges that he served time for. And so that helps in terms of the standards that we apply for determining custody. But unfortunately, it doesn't really translate over to the money side of it, which is very frustrating in this case. What are some of the hurdles that you guys have faced

in this divorce? Ashley started this divorce off with a different law firm. So by the time we came on the case, there already were a lot of things in motion. There were already a lot of things that we couldn't go back and fix and change. So it's always an uphill battle where certain things have already been decided.

It's also been a really difficult case because I think Jason and his attorney were making representations to Ashley and to our firm that Jason was agreeing to certain things, you know, for instance, that Ashley could have the house without there being a problem and all the equity in the house. And then when it came right down to it and we were drafting it up, all of a sudden he had changed his mind and he's insisting that he be entitled to half the equity. We have different strategies in place on trying to figure out a way that she can keep the house and pay him out a portion of his equity or equity over time or trade it for something

else. So, I have confidence that she'll be able to stay in the house. You know, that's our goal to keep some stability for her and stability for her kids. What else are you guys pushing for in the divorce? The other area that I think is the biggest area of contention is whether or not he's going to at some point be allowed unsupervised visits. He's been pretty insistent that he thinks that should happen relatively soon and that he's not a risk and now is using a not surprising tactic of saying that this was like a one-off thing that's never going to happen again because of some interaction of some medication he was on at the time, which is relatively common

in cases that we're dealing with. There tends to be blame oftentimes placed on something else or someone else. It's unfortunate because I think there's been a perceptible shift in his attitude where now he's trying to place blame and not take responsibility and accountability. And part of that has been him pushing for unsupervised visits. So I think our goal is to try to keep visits supervised for as long as possible. And then if we transition to unsupervised visits to make sure that those visits are safe moving forward.

You guys are going to trial, but you may not have to go to a full-blown trial. What's the difference? There's all sorts of issues that have to get resolved to get a divorce. So like custody and parent time and dividing retirement accounts and dividing house equity. In this case, some of those things we either have agreements on or we're pretty close to agreements on. So if we can avoid trial, that's always ideal because trials are really expensive and just really, in a sense, they cause victims or individuals to relive trauma. In my view, you know, after doing family law for 20 years, trials almost always make it more difficult for people to move on with their lives just because it's so conflictual and doesn't really allow for healing to occur. So if we can get items settled where the parties come to an agreement, everyone feels better

about it and people are more likely to follow orders that they agree on than orders that a court just dictates. Do you feel like you guys are close to coming to a middle ground to avoid trial? I would give it 90% odds that we agree without going to trial. In terms of the timing, who knows when that's going to happen, my guess would be at some point during the summer. I don't know if personally you've dealt with cases that are similar to mine in nature. As far as like, you know, his criminal case really doesn't have any say in like what happens financially in a divorce. Is that usually

pretty common? Yeah, I think there is a lot of surprise that people have. They just kind of assume that courts are about creating fairness and about creating sort of equal situations. And to be clear, courts do have a lot of discretion, so they can award things differently than 50-50, but the majority of the time it's just equal, regardless of the reasons for the divorce, or who was at fault, or who had criminal charges. It just really doesn't impact the money part of it. And it feels very frustrating and not fair, because it's not. And Ashley's done just an amazing job in terms of really pulling

herself up and fighting to support her family and keep them stable through this entire process. There's a lot of women and a lot of victims of crimes that aren't able to do that. And I really respect that. And I think you've done a great job in that regard. Ashley I appreciate it. I said this to you and one of your colleagues not too long ago, but I told you that you guys should wear capes because you guys are superheroes to me. I'll be patiently waiting to see how everything gets resolved. So Laura, thanks for joining us today. I really appreciate it. Yeah. Thank you both of you. And thanks to you guys for being so supportive of Ashley

and helping to have her story be heard. I think it's so important. So thanks everybody. It's complicated and thankfully Ashley now has someone truly fighting for her. I wanted to thank all of you, our Betrayal listeners, as we prepare to launch another season of Betrayal. And in addition, we have big updates for the Betrayal community. First, we're thrilled to announce what's coming your way in season three the Betrayal community. First, we're thrilled to announce what's coming your way in season 3 of Betrayal. When Stacey laid eyes on Dr. Justin Rutherford, she was sure that she was looking at her soulmate. They fell in love and life was perfect. But this family doctor, beloved father, and treasured husband had dark secrets. The man who had sworn an oath to do no harm

would go to great lengths using any means necessary to save himself. Listen to Betrayal season 3 on iHeartRadio or wherever you get your podcasts on May 23rd. Second, the response from the first two seasons has been overwhelming. Many of you have shared your stories of betrayal and deception. After reading thousands of your comments, messages, and emails, we're pleased to announce the launch of Betrayal's weekly series about the people we trust the most

and the deceptions that change everything. This new series debuts end of July. Lastly, because of your overwhelming support, Betrayal Season 1 became the number one podcast in the world and was turned into an ABC News Studios and Hulu docu-series. We are excited to share that Ashley's story has also been turned into a docu-series that like Season 1 is a must watch. Stream Betrayal Season 2 this summer on Hulu. If you or someone you know is worried about their sexual thoughts and feelings towards children, reach out to stopitnow.org. Betrayal is a production of Glass Podcasts, a division of Glass Entertainment Group in partnership with iHeart Podcasts.

The show was executive produced by Nancy Glass and Jennifer Faison, hosted and produced by me, Andrea Gunning, written and produced by Carey Hartman, and also produced by Ben Federman and also produced by Ben Fetterman and associate producer Kristen Malkuri. Our iHeart team is Allie Perry and Jessica Kreincheck. Audio editing and mixing by Nico Aruca and Matt Dalvecchio. The Trails theme composed by Oliver Baines. Music library provided by My Music. For more podcasts from iHeart, visit the iHeart Radio app, Apple Podcasts, wherever you get your podcasts. Hey, girlfriends. It's me, Carol Fisher, back with another season of the global number one podcast, The Girlfriends.

Last time we investigated the murder of Gail Katz. This time we're uncovering the identity of the woman who was buried in Gail's grave for a decade before she disappeared. Join me and the rest of the club as we tell her story. Listen to season two of The Girlfriends, Our Lost Sister on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts.

Imagine you're a fly on the wall at a dinner between the mafia, the CIA, and the KGB. That's where my new podcast begins. This is Neil Strauss, host of To Live and Die in LA. And I wanted to quickly tell you about an intense new series about a dangerous spy taught to seduce men for their secrets and sometimes their lives. From Tenderfoot TV, this is To Die For. To Die For is available now.

Listen for free on the iHeartRadio app, Apple podcasts, or wherever you get your podcasts. Oh, hi, I'm Rachel Zoe, and my podcast Climbing in Heels is back and better than ever. You might know me from the Rachel Zoe Project, or perhaps from my work as a celebrity stylist. And guess what?

I'm still just as obsessed with all things fashion, beauty and business. Climbing in Heels is all about celebrating the stories of extraordinary women and this season is here to bring you a weekly dose of glamour, inspiration and fun. Listen to Climbing in Heels every Friday on the iHeartRadio app, Apple Podcasts or wherever you get your podcasts.