While pundits around the country discuss the United States’ torture of suspected terrorists, one U.S. torture victim has gone unnoticed.  United States child support collection problems are common, and in David A. Bardes’ case, almost deadly.
Bardes, who lost 126 friends in the World Trade Center attack on September 11, wanted nothing more than to be a good dad and equal parent to his son and daughter. He didn’t ask his wife to have an affair with the nanny’s husband. And when his ex-wife moved their children to another state after the divorce, Bardes followed, twice.
Due to the children living in three states over a short period of time (PA, NC, SC) Bardes had all three states charging him child support, resulting in mistaken arrears. Bardes says he never willfully withheld child support, and documents related to his Federal court case (#02:08-487-PMD-RSC) support his claim.
Bardes developed severe depression after being treated like a criminal. He says they “seized assets, destroyed my credit ratings, destroyed my business and income, and my mental health.” He lost so much weight he was “skin and bones.” This man who once made $180,000 a year now had a hard time finding employment.
One judge dismissed the arrears.  Which makes one wonder why the next one, South Carolina Judge Garfinkel knowingly filed paperwork stating that Bardes was in serious arrears, charging him with immediate arrest and six months in jail.
Bardes alledges that the State Attorney for South Carolina Department of Social Services (DSS) John Magera sent him a death threat earlier through a friend. Judge Garfinkel’s decision, the arrest of Bardes, and the torture that followed almost left two children without a father.
“On the ride to jail, I looked out the back window and stared at the drivers that were tailgating and passing the jail truck. I was forlorn and the situation was surreal.
I was going to my death, and I accepted it fully. I was not sure how they were going to kill me, but I was soon going to find out.”
Bardes was now under the control of Al Cannon, Jr. Esq, Sheriff of Charleston County. On April 3, 2006 at 6:20 pm Bardes was left in a small jail cell that had forced cold air coming through two large vents. (see photo)
The air was 55 degrees. After a short time Bardes realized this was a hypothermic chamber. That fact would be confirmed in the reply to his inmate grievance form which states the cell is used to “subdue” prisoners, so they are “less likely to riot.” (see document)
David A. Bardes left his job on the 101st. floor of the World Trade center and moved to Charleston, South Carolina so his children would have their father in their lives. Once there he was falsely accused of being in “gross” child support arrears.
He says he proved to the state attorney that he was not in arrears, and that he had actually overpaid his child support. Bardes was left in arrears anyway and says the “destroy deadbeat mechanisms” went into full force.
“I met with judge #1, who agreed to put me on trial so I could clean up my good name and reputation. Judge #1 told me in court, three times, that I have no Constitutional rights. Then came my trial, which I was found innocent by judge #2.
Then the state attorney, issued a death threat and typed up a fake court order stating that I was “guilty”. He scheduled a snap hearing and judge #3 tossed me into jail for six months without even as much as hearing.”
Bardes was charged with civil contempt of court and taken to the Charleston County jail. He was shackled and chained before a female sheriff deputy shoved his head into the wall, knocking his glasses to the floor and causing a lense to pop out.  Jailers threw his medication in the trash, including his asthma inhaler.
Bardes admits that he refused to sign forms put before him, and that he ignored orders to stop smiling for his mug shot. Taken aside and placed in a cell that is used as a hypothermic chamber, Bardes began to shiver. He asked for his jacket multiple times but was refused. Then he began to shiver violently.
“As my body temperature reduced one degree at a time, wave after wave of excruciating pain enveloped my body. I knew I was going hypothermic.”
After six hours, Bardes says, the shivering stopped.
“I had passed through the first and second stages of hypothermic shock, and was now at the third and final stage. I could not move my arms or legs. The pain was horrific.
A guard came into the cell and I told him to tell the nurse that I had just gone into hypothermic shock as my body was no longer able to shiver to keep itself with heat. The guard, said, “I will do no such thing until you comply.â€Â
“Comply with what?,” I thought. My head was in such a cloudy state and the guard’s words fell onto my brain in slow motion. Before I could assemble more words the guard left and the door lock clunked closed.
There was nothing left but to die from hypothermia. It was a matter of hours. I had to keep my mind alert because if I lost consciousness, it would then lead to bodily death. With hypothermia, conscious death occurs before bodily death. Eventually you die from either heart failure or brain death.
I had to keep my brain active at all cost. I had lost the use of my limbs and my head was back against the wall. I was unable to move and all I felt was the thousands of daggers stabbing my body all over. I was slowly and painfully dying from hypothermia. My eyes were closed and I could feel my body heat being sucked away by the blowing cold air. My body felt like cold meat; like a corpse.”
This is an ongoing series. Follow me on twitter to get notified of updates on this and other stories of parental injustice.
