Mama takes on the con man
—and the legal system, too
Every American has the right to be represented by counsel in court. In marital cases, there are laws and precedents in which the court may order the party with financial resources to pay for an attorney for his or her spouse.
Nevada has such a law. So when Phil Haberman’s wife arrived from for her hearing in Clark County Family Court, her plan was to request that the court order Haberman to pay for a lawyer to represent her. Then she planned to request that the annulment trial be postponed—she had a appointment to meet with a Nevada lawyer later that day.
Samuel S. Anter, Haberman’s attorney, didn’t like her plan. Anter told the judge that since she “had 15 years of legal experience, she is more than capable of representing herself at trial.”
Judge Lisa M. Brown did not order Haberman to pay for counsel for his wife, and denied the request to postpone the hearing. The judge gave Rhoad five minutes to prepare her case.
Her day in court
Judge Brown told each party they would have an hour to open, present the case, cross-examine, and close. Rhoad spent 20 minutes of her time reviewing Haberman’s bank statements, which she had previously subpoenaed but were not provided during the discovery phase prior to the trial. She brought 41 exhibits as evidence of Haberman’s deceit and fraud. Judge Brown refused to admit them. She had witnesses ready to testify by telephone, but the judge wouldn’t permit it. And she planned to have her 14-year-old daughter testify, but the bailiff, Sgt. Rushfield, wouldn’t allow it.
“The bailiff threatened several times to have me arrested for contempt, pulled out his handcuffs, and stood by me in a threatening manner during the trial,” Rhoad says. “He did not treat Mr. Anter the same way when he interrupted the judge.”
According to Rhoad, Haberman testified that she had never been able to support herself, that she was in a mental institution in Arizona for most of her life and that she had a secret bank account. None of it was true, and Haberman presented no evidence.
She was able to prove that Haberman lied about his income and that he had posted ads on the Internet claiming to be single when, in fact, he was married. But in the middle of her cross-examination of Haberman, Judge Brown stopped the trial and made her decision. According to Rhoad, the judge said that “they both defrauded each other,” gave them a lecture about irresponsible relationships, and granted an annulment to both parties without addressing damages. At approximately 12:50 p.m., the trial was over.
Forced departure
As Rhoad was packing up her trial materials, she called one of her new friends—the woman from whom Haberman had taken $5,000. She says Sgt. Rushfield ordered her to leave the courtroom immediately, and she joked into her cell phone, “The bailiff’s going to cuff me and stuff me.”
In the waiting area, she asked the Sgt. Rushfield how to get copies of the proceedings—she intended to appeal. She says the bailiff then called for backup on his radio, stating that she was in contempt and was refusing to leave. He then escorted her and her daughter down in the elevator. Rhoad called her friend back on the cell phone, and her daughter was carrying the 50-pound box of documents. When the elevator doors opened, two more bailiffs were waiting. By the time she and her daughter reached the front doors of the courthouse, they were surrounded by six bailiffs.
Then, according to Rhoad, Sgt. Rushfield started arguing with her daughter. Mom, who was still talking on her cell phone, reached to cover her daughter’s mouth so she wouldn’t say any more. Immediately, she was taken down and kicked, and four bailiffs were on top of her daughter, who weighs 110 pounds. People who were at the courthouse for an adoption ceremony witnessed the entire incident, and Rhoad’s friend heard it over the cell phone.
Both the woman and her daughter were handcuffed and placed in holding cells. Around 3:30 p.m., a Las Vegas police officer issued her a citation for civil disobedience. It stated that she:
“Did willfully hinder, delay or obstruct a public officer (Sgt. Rushfield #119 LVMPD) in the lawful discharge of his official duties (escorting female from family court she refused to cooperate) by (after refusing to cooperate mother attempted to grab Sgt. firearm, she was immediately taken down by Bailiff Dorrett #205)”
Rhoad denies that she reached for the bailiff’s gun. “I was talking on the cell phone with my right hand and my left hand was on my daughter’s mouth,” she says. “How could I reach for the gun? With my third leg?”
Back home, she and her daughter received medical treatment. Haberman’s now ex-wife suffered cuts, bruising and a hyper-extended elbow. Her daughter had a small broken bone in her wrist.
Rhoad filed a claim for personal injury damages against the city of Las Vegas.
More developments
The Haberman saga continued. His ex-wife heard from the woman in Texas—the one Haberman went to visit on their wedding day. Although the woman was not romantically involved with Haberman, she didn’t know he was married and was outraged by his lies.
Rhoad found out that Haberman has a baby daughter—conceived while they were married and before Haberman filed for annulment in July of 2004. The mother wants nothing to do with Haberman.
R.S. Smith was court-martialed for falsifying Haberman’s military medical documents.
The Henderson Police re-investigated the complaint that Haberman assaulted his wife.
The woman whom Haberman defrauded for $5,000 won a default judgment against him. Rhoad helped her prepare a writ for possession to get her money. She also served Haberman with a claim for $5,000 through a California Small Claims Court.
Haberman, in the meantime, posted his profile on MySpace.com, under the name oceanluvnguy. He lamented his lonely life, and asked if anyone was willing to take a chance on a nice guy.