David Ostrom, of Paola, Kansas, is in a protracted custody battle together with his ex-wife, who lives with their youngsters in Shelby County, Iowa. You know issues aren’t going effectively, as a result of he not too long ago submitted court docket filings in Iowa asking the choose to let this matter be resolved with a trial by fight, in accordance with KCTV 5 News.- Advertisement -
“Petitioner demands the Court sanction trial by combat to resolve these disputes,” reads the submitting. “The Petitioner requests 12 weeks lead time before Trial By Combat date so he may have 1 Katana and 1 Wakizashi sources or forged for use.” He clarified that his ex-wife “may choose a Champion (Her counsel Matthew Husdon) to stand in her stead.”
So not solely does Ostrom need trial by fight, he’s really thought concerning the weapons concerned. And sure, he did get the thought from Game of Thrones. “I’ve seen the television show and read the books,” he stated.
It’s true that, technically, trial by fight isn’t particularly outlawed within the U.S., which is an argument that Ostrom makes in his submitting. It’s nonetheless arduous to seeing a choose grant it, although. Matthew Husdon, the legal professional on the opposite facet, made a lot the identical argument in his response, writing, “just because the U.S. and Iowa Constitutions do not specifically prohibit battling another person with a deadly Katana Sword, it does prohibit a court sitting in Equity from ordering same.” He’s requested the choose to droop visitation and order a psychiatric analysis for Ostrom.
Now earlier than we go making assumptions, Ostrom says that he is aware of the request is absurd, and that he’s “not interested in physically causing harm to anyone.” Instead, he’s pissed off by what he sees as a system that’s unfairly working towards him and made the request as a approach to get consideration for his case, and, effectively…right here we’re.
They’ve tried to disregard me and never handle equal custody, and I feel this places a highlight on them…I’ve variety of run out of choices and nobody pays consideration to what I feel is a hardship on myself and my youngsters.
For their half, the choose isn’t taking any motion on the request “until the proper procedural steps to initiate a court proceeding are followed.” Ostrom is representing himself, which is usually a really dangerous thought in the case of the court docket system, so though he could make all of the Game of Thrones-inspired requests he desires, it is likely to be arduous for him to get them heard.
This case is fairly just like one from a number of years again, when a Statan Island lawyer named Richard Luthmann requested for a trial by fight in response to getting sued for allegedly serving to a consumer commit fraud. Again, Luthmann knew the request was absurd, however did it to make a wider level. “They want to be absurd about what they’re trying to do, then I’ll give them back ridiculousness in kind,” he stated on the time.
The choose might look askance at it, however I’m ready to take it to the best stage. I’d like to have a court docket decide whether or not we’ve got these rights underneath the Constitution.
I don’t assume that ended up occurring, however possibly the second time’s the attraction.
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