Gunther Project

Marc is on the left and Gunther to the right

David Allen Gunther is disabled. He spent years living on the streets in Fresno, California without being able to find his daughter or her mother, with whom he was separated. His child support accrued during that time, and he eventually got off the streets after which he began paying his support. But then in 1996 he had a severe accident (dragged under a Lincoln Town Car) that ripped the skin off his back, buttocks and legs, broke hit teeth out, worsened a preexisting back injury, and left him mentally and physically disabled.

The mistreatment Gunther later received at the hands of the Fresno County District Attorney cannot be summarized in a paragraph. One must read the appellate decision to even get a glimpse of it.

Upon Gunther’s later remarriage to a woman named Olga, the D.A. convinced the court to raise Gunther’s support obligation from $167 to $750 per month, retroactive for one year, even though he earned under $600 per month in disability pay. The D.A. did this by using his new wife’s income under Family Code 4057.5, which only allows the use of a new spouse’s income to calculate child support calculation in extreme cases. The D.A. cooked up an “extreme” case by distorting the evidence, pulling figures from thin air, and insulting Gunther (such as suggesting he hated his child and faked his disability). NCFM, LA notes that this is an example of a tactic routinely used to oppress males in the family court system.

Gunther was so traumatized by the misandry of the decision in December 2000, that he became severely depressed and suicidal. Every progressive threatening notice that he received from the D.A. spelled “jail” to him; It was an oppressive obligation that was impossible to pay. He was so frightened by the decision that he attempted suicide several times. Once Gunther was found hanging in his garage, and he was hospitalized.

His wife Olga helped him find the National Congress for Father’s and Children (NCFC). NCFM led him to Marc Angelucci, who is President of the L.A. Chapter of the National Coalition of Free Men (NCFM, LA) and who was working with attorneys from NCFC at the time. With advice and help from NCFC, Marc worked tirelessly to help Gunther enter an appeal to overturn the order. It took over one year of man-hours to prepare an appeal. All of the work was unpaid and pro bono, and there were no donations from the public to help Gunther. Eventually, NCFC and NCFM were able to help Gunther win a decision that overturned the order with a scathing decision by the Fifth District Court of Appeal.

Currently, we are still representing Gunther at the lower court where the case was remanded from the appeals court with instructions to overturn the bad decision and to fix the mess that it caused. We are seeking penalties against Fresno County for distorting the evidence and mistreating Gunther in what NCFM, LA opines to be their hateful tactics. There are many more loose ends to tie up, but for the most part justice has prevailed albeit at very high costs.

Finally, we are grateful that Gunther’s mental condition has improved dramatically while we are mindful of the millions of other males that are under similar assaults due to misandry. Gunther has made better contact with his daughter, who is emancipated by marriage and is living independently. He has also become good friends with NCFM, LA and he can enjoy his relationship with his wife Olga so much more now that the two-year nightmare is over. NCFM, LA considers Marc Angelucci to be a hero for his tremendous sacrifice in time and resources to help Gunther end this nightmare of oppression caused by Fresno County simply because he is a man.

SB1618 - The National Coalition of Free Men (NCFM) categorically opposes any legislation which fails to provide equal access and solicitation for services to men. SB1618 (DV) (requires Adobe Acrobat), Marriage License Fees, introduced by Shelia Kuehl seeks to increase that portion of the marriage license fee currently collected to support county programs from $23 to $33 per license, and it would require $6 of each fee to be used to target under served areas and populations. However, given that the sponsor of this bill and many of its supporters are groups that only reach out to woman, it is almost certain that counties will use this money in the same discriminatory, gender-specific manner that DV funds have historically been used.

Paternity Justice Act (AB2240) - The American Association of Blood Banks has published a study claiming that approximately 30% of all paternity test prove the male is not the father of the child. It is also well known that there are widespread reports of infidelity on the part of women in a domestic situation. Some studies pin the level of infidelity on the part of woman at 30%. Further, Los Angeles County has an unacceptably high rate of default judgments in paternity matters. About 79% of all paternity judgments are default judgments. The result is that millions of men are being coerced by the state to pay child support for children that are not theirs while the actual biological father is immune.

NCFM, LA is creating documentation on supporting the use of DNA testing in resolving paternity disputes. Currently, a man that is the victim of paternity fraud often cannot use DNA testing to disprove a paternity judgment. The Paternity Justice Act allows men to challenge paternity when the mother of the child has deceived the male and caused the man to believe that he is the only possible father of the child.

Note: AB2240 was vetoed by Governor Davis. He echoed objections that the opposition voiced in the Senate Committee of Judiciary Hearing. NCFM, LA was present at these hearings and observed that many amendments were put into AB2240 to meet the opposition halfway. Yet the opposition refused to comprise. To read the governors veto letter follow this link: veto message.

2002, 2004 National Coalition of Free Men, Los Angeles Chapter. All Rights Reserved