During his (Gary Davis-Headd's) sentencing in October of 2019, his first wife, Choree Bressler, told the court he used his mother's connections to protect him.
( "Commission wants judge who lied for child abuser son be disbarred" . FOX 2 News - Detroit. August 05, 2022.)
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Her job is to determine whether children are being abused and to protect them.
Green is the mother of Gary Davis-Headd.
Green was accused by her grandchildren of knowing about the abuse they suffered at the hands of her son/Gary but covering-up the abuse instead of protecting her grandchildren.
Wayne County family court judge accused of helping cover up child abuse of own grandson
FOX 2 News - Detroit
May 15, 2019
DETROIT (FOX 2) - A Wayne County family court judge is being accused of helping her son cover up abuse of her grandson - but she says none of it's true.
Tracy Green is a judge at the Wayne County Family Court. Her job is to determine whether children are being abused and to protect them. Her grandson says she not only ignored how her son - who is his father - beat his kids, he says she covered it up.
"My dad would tell her about a bruise I had or something, and she'd put make-up on it 'cause we had to go to school and stuff and she didn't want people to see," her grandson said.
The young boy, who FOX 2 is not naming, says Green would put the makeup on him in her upstairs bathroom.
Green denies the allegations entirely.
"I didn't put makeup on any bruises, conceal any abuse, that is utterly preposterous," Green said. "It just didn't happen."
Green, an experienced family court lawyer, was running for judge last summer when a disturbance at her son's home prompted neighbors to call 911.
The following is a portion of the 911 call made last summer:
"He was beating his kids like, I'm talking about, he's been beating them for like 45 minutes. And this is like beyond a whooping. He was over there screaming and telling them, like, how he blacked their mama's eyes, he would kill everybody," the caller said.
A second caller said the ruckus interrupted her slumber:
"Woke me up out my sleep he was beating these kids so bad."
When Detroit Police and Child Protective Services workers arrived, they found a house in chaos. Green's son, Gary Davis-Headd, admitted that he hit his then 8 and 10-year-old sons with a belt.
The beating was so severe, CPS removed the boys and three other children from Davis-Headd's home. Over the next few months, the boys and their siblings told child welfare workers and testified in court that their dad turned their cramped home into a house of horrors.
Both boys spoke with FOX 2 with their mom present. The younger boy, who is now 9, described what life was like in his dad’s house.
"It was bad and difficult," he said. "We weren't getting fed right and stuff and we got beat."
In interviews with child welfare workers and on the witness stand, the boys and their siblings described how their father ordered the boys to strip down to their shorts, kneel down, then stick their face in a pillow to muffle their cries as he whipped them with a belt.
The children and their stepmother also told investigators and testified that their father once choked out their stepmother until she passed out. The children said they thought she was dead, until their father splashed water on her face.
Davis-Headd denied beating his wife, but acknowledged what he called "spanking" the boys - and even his young daughter - with a belt. He denied abusing them, however, and explained that he was administering appropriate discipline.
In March, after deliberating for less than an hour, a Wayne County Family Court jury found him guilty of neglect and said he put them at substantial risk of harm to their mental well-being and was unfit to care for them.
The judge said he found Davis-Headd's testimony to be "appalling and abhorrent" and that Davis-Head demonstrated "a complete an utter inability to understand parenting at all."
The judge concluded that "by clear and convincing evidence" Davis-Headd "abused the children" and "there is a reasonable likelihood that the children will be harmed if returned" to him.
Green, who became a judge in the same courthouse earlier this year, doesn't agree.
"Obviously, I love him. He's my son and he's a decent person. He's certainly not without his challenges and beyond that I can't really get into a lot of opining, because there's open litigation concerning him. I'd like to, but I'm bridled in that way," Green said.
Because she's a judge, Green is bound by rules that prevent her from speaking as freely as she would like. She can, however, address matters that came up in court. That's good because the investigation into her son raises questions about what she knew - and when.
Her eldest grandson not only testified that Green used makeup to hide his bruises, he testified that he had been telling her since 2016 that his father was beating him. What follows is some of what he said on the witness stand:
"Like almost every time I saw her, I told her. I told her about the time he choked her (his step-mom). I told her about the times he beat us that I remember. I don't remember too much now. I told her about most everything.
"I told his mom, my grandmother."
Attorney: "Your grandmother Tracy?"
Boy: "Yes."
Later on in his testimony, he says nobody ever tried to help him, including her.
"She never helped us," he said.
Green said it was painful to hear her grandson say that, but added it's not true.
"It's not truthful at all," Green said. "I have some opinions, but it wouldn't be appropriate for me to give them to you because of pending litigation."
Her oldest grandson initially told child welfare workers that his stepmother put makeup on his face to cover up his bruises. When FOX 2 asked him to clear up the contradiction in what he told welfare workers and what he testified to, he said both his stepmother and grandmother used makeup to conceal his injuries.
Davis-Headd's attorney tried arguing in court that the boys were not truthful and had been coached by their mother, Choree Bressler, who does not get along with their father or judge Green.
The eldest grandson testified: "Nobody told me what to say. All my mom said was, 'just tell the truth.'"
A child welfare worker reported that Green told her she once heard her son yelling at one of her grandsons, heard a slapping sound, and saw a handprint on the boy's face. That would suggest that she had some awareness that her grandkids were being hit.
"It certainly would suggest, but regarding the comments that are attributed to me, I never said that. Not even anything close to that," Green said.
Green was called as a witness in her son's custody case. When asked about that report, she acknowledged seeing a handprint on her grandson's face - and denied the rest.
When the prosecutor asked Judge Green if she remembered telling a child welfare worker that she had spoken with her son "about how he disciplined the children," she said: "I don't specifically remember that, but I don't dispute it."
She also testified that the children told her they were spanked, but she never asked what that meant.
She also testified, under oath, that she did not use makeup to cover any bruises.
FOX 2: "There are people who would say that if these kids were beaten so badly and so regularly and left with so many marks, how did someone with your pedigree miss it?"
Green: "Well, I think the assumption there is that, what you just said is true."
The possibility that a judge may have lied under oath is the kind of thing that might interest the Judicial Tenure Commission, which polices judges. Fox 2 described the situation to Peter Henning, an expert on judicial ethics at the Wayne State University School of Law, who said:
"She has an obligation to tell the truth. If there's any issues with regard to her not telling the truth, the Judicial Tenure Commission is going to be very interested in that, because that could effectively be thwarting what the family court would be doing."
Currently, only her grandson is accusing Green of a cover-up, but the case against her son raises concerns because it transcends one family's tragic story.
Green says the people of Wayne County can count on her to protect their kids.
"I am certainly capable of protecting children from my perch as a Third Circuit Court judge," she said. "There's nothing that I have done or would ever do that would jeopardize the safety of any child - particularly a child that I love.
"And what I'm saying to you Mr. Elrick, is that I've done nothing wrong, I've not failed to do something that I should have done. And that's the bottom line."
As for Davis-Headd, he's got more legal problems as he's facing criminal charges of child abuse and domestic violence. He pleaded not guilty to those charges and is scheduled to go on trial next month.
Family court judge accused of hiding abuse of grandson
Detroit News
May 16, 2019
The 11-year-old grandson of a Wayne County family court judge testified that his grandmother knew he was being beaten by his father and that she covered bruises on his face with makeup the night before he went to school.
Wayne County Circuit Court Judge Tracy Green testified that she never saw bruises on her grandson and denied using makeup to cover them. She did acknowledge in court seeing a handprint on her grandson's face from her son and said she knew he used a belt to discipline his two oldest sons.
The case is unusual given her role as a family court judge who decides whether children should be removed or reunited with parents in similar situations.
"This was her own family," Wayne State Law professor Peter Henning said. "'How is she going to judge a situation in the future?' an attorney might ask."
"It could call into question her judgment in a close case. This is a very challenging situation."
If she is found to have lied on the stand, the Michigan Judicial Tenure Commission could take action, said Deborah Paruch, a law professor at the University of Detroit Mercy School of Law.
"That seriously goes to her ability to remain as a judge," Paruch said.
A jury heard Green and her grandson's testimony in March and found there was enough evidence to allow the courts to exercise jurisdiction over the kids and start the process to terminate 31-year-old Gary Davis-Headd's parental rights to the 11-year-old and his four other younger children, who are now living with their biological mothers.
The case is pending and more hearings are scheduled for next month in front of visiting Judge Bryan Levy, who stepped in after another judge recused himself.
Green was elected in November to the court's family division after a more than 20-year career as an attorney and is known for work as an advocate for reuniting parents and kids in the foster care system, particularly low-income families.
As a judge, court rules bar Green from commenting on pending court cases.
“Because I am a judge, I cannot ethically speak about someone else’s pending litigation — even, and especially, my own son's case. But I can say this: I have done nothing wrong, I am not on trial here, I stand by my previous testimony, and I pray that my reputation for integrity and decency will speak for me," Green said in a written statement.
Green has had a strained relationship with the older boys' biological mother, Choree Bressler, and cited her "active undermining of my relationship" with the two older grandsons in emails to state child abuse investigators. Davis-Headd's attorney Brenda Richard argued in court that the kids may have been coached.
Green said she didn't learn about her son's use of a belt until she met with state investigators. She also maintained in the emails that state workers didn't properly investigate the case and were biased. Officials the state's Children’s Protective Services declined comment.
The 11-year-old son testified in March that his mom, Bressler, told him to "just tell the truth."
"I know he told the truth," Bressler told The News. "I am trying to reverse what they did to my sons."
Davis-Headd was charged in November with two felony counts of second-degree child abuse and two counts of third-degree child abuse. He faces up to 15 years in prison if convicted. His trial is scheduled for June.
He also was charged at the same time with domestic violence and assault with intent to do great bodily harm less than murder, accused of strangling his wife on April 15, 2018. That woman was the step-mother of the 11-year-old.
Davis-Headd has pleaded not guilty to all charges and is out on bail.
The children were removed from Davis-Headd's home on June 24 after Detroit police responded to 911 calls from neighbors.
The 11-year-old testified in March about that day, saying his dad took his 9-year-old brother in the bedroom first and that he could hear his screams and him getting hit. When his brother came out, he was crying and his legs were red. When it was the 11-year-old's turn in the room, his dad told him to take his clothes off before he struck him with a whip or belt, according to a transcript of the testimony.
The 11-year-old said this happened "plenty of times before" and described other instances where the father tied his arms and legs to the bed during the beatings.
The father admitted striking the children, telling investigators he "made them kneel on a pillow with their face down on the bed and hit them with a belt" while in their underwear, according to a CPS report.
When lawyers asked the 11-year-old who he told about what was happening, he said he told his grandmother.
"How often do you think you told your grandmother what was going on, how often?" Assistant Attorney General Joseph Ortiz asked.
"Like, almost every time I saw her I told her," the child testified. "I told her about the time he choked (his stepmom). I told her about the time he beat us that I remember. I don't remember too much now. I told her about most everything."
He also testified Green put makeup on his bruises.
"Was there a time (child's name) where you went to school when you were going to public school and you had bruises and they were covered up?" asked Troy Tipton, the lawyer for the children.
"Yeah, because Tracy, she would put makeup on my face," the child testified.
Tipton later asked: "Was the makeup put on your bruises?"
"Yeah, but she wouldn't do it before school," the child testified. "She would do it the night before school. Like, if it was Sunday and we had school on Monday, she would do it, like, we were at her house on Sunday, she would do it before we left to go back home," the child testified.
He testified Green wouldn't put the makeup on his younger brother because the father was hitting him "around the legs."
In a summary report from state Children's Protective Services, Green was reported to have told investigators that "she knows her son is a very strong disciplinarian and she never thought that 'it' was this bad."
The report states that Green told CPS that after seeing the handprint on her grandson's face, she "spoke to her son about how he disciplined the children", according to the report.
"Ms. T. Green reported that the children had told her in the past that they would get 'spankings' but she never asked what a spanking was," the report reads.
Before the March testimony, the older boys told CPS workers about makeup being put on their bruises, with the 11-year-old saying "they put makeup on it."
Davis-Headd and Bressler had a contentious divorce, which ended in 2015 with him gaining custody of the two older boys.
Green met with CPS investigators in October and the Michigan Attorney General's Office called the meeting "inappropriate" in court filings because she was an attorney. She had not been elected as Judge until the following month.
FOX 2 News - Detroit
September 27, 2019
https://www.fox2detroit.com/news/wayne-county-judges-son-guilty-of-brutal-child-abuse-she-was-accused-of-concealing
DETROIT (FOX 2) - He’s the son of a Wayne County judge convicted of beating his wife and now Gary Davis Headd has been convicted of beating his children.
Headd has lost custody of his children and is awaiting sentencing on domestic violence charges. On Friday he was convicted on two felony counts of child abuse.
Gary Davis Headd was led away to jail, five months after his children told FOX 2 that he beat them -- and that his mother, Wayne County Family Court Judge Tracy Green, helped cover up the abuse.
Older boy: “My dad would tell her about a bruise I had or something, and she would put make-up on it because we had to go to school and stuff, and she didn't want people to see.”
M.L. Elrick: “Where did she get the makeup?”
Older boy: “It was in her house, in the upstairs, her bathroom upstairs. She had makeup up in there and I would go up to the bathroom in there and she would put it on me.”
Older boy: “My dad would tell her about a bruise I had or something, and she would put make-up on it because we had to go to school and stuff, and she didn't want people to see.”
M.L. Elrick: “Where did she get the makeup?”
Older boy: “It was in her house, in the upstairs, her bathroom upstairs. She had makeup up in there and I would go up to the bathroom in there and she would put it on me.”
“I didn't put makeup on any bruises, conceal any abuse, that is utterly preposterous,” said Judge Tracy Green at the time.
Elrick: “So he made it up?”
“It just didn't happen,” Green said.
After Elrick’s story broke, Wayne County Chief Judge Timothy Kenny decided Judge Green would not hear abuse and neglect cases until further notice.
In the meantime, Davis-Headd lost custody of his children. He was convicted of abusing his wife and then went on trial for allegedly abusing his children.
The Detroit police officer who responded to a 911 call in the summer of 2018 recalled a chaotic scene at Davis-Headd's home.
Assistant Wayne County Prosecutor Jennifer Tink: “When you arrived at that location did anything alarm you?”
DPD Officer M. Adams: “I could hear clearly an adult male screaming at some children, telling them that ‘She doesn't love you, I'm the only here for you, I'm the only one that cares for you.’”
Davis-Headd was apparently referring to the 8-and 10-year-old boys' mother, who was his ex-wife. He admitted hitting his sons with a belt.
The boys were covered in bruises, prompting Child Protective Services workers to remove the boys and Davis-Headd's other three children from the home.
“Both boys testified to being tied up with suit ties and then beaten,” Tink told the judge. “I think that clearly rises to the level of cruelty for child abuse in the second degree.”
Judge Green did not testify for her son, but his attorney argued that there was not enough evidence to convict Davis-Headd of more than disciplining his children.
Defense attorney Matthew Evans: “This case is remarkable from the standpoint of how little proofs there are. Corporal punishment by its very design is the infliction of pain, it carries with it.
“Now, whether or not he exceeded his parental authority is a tough question. The law is pretty vague as what that means.”
Tink: “This is the kind of beatings that they were getting. and we combine that with the fact they were being tied up in the past. and you've got two little boys being tied up and beaten by their father. And that is not discipline.”
In June, Judge Cusick found Davis-Headd guilty of misdemeanor domestic violence, and not guilty on a more serious charge of assault with intent to commit great bodily harm after he was charged with assaulting his most recent wife.
Davis-Headd again put his fate in Judge Cusick's hands on the child abuse charges. Things did not work out as well this time.
Judge Cusick: “A continuous beating that lasts 45 minutes with a whip or a belt, after asking the children to take off their clothes, where the children are screaming, have bruises all over their bodies, where a neighbor has to call 911, where the testimony was the beatings happened frequently and for years, including them being tied up, yes, this court believes that is harsh, that is severe, that is brutal.”
Davis-Headd faces up to 10 years in prison on the child abuse charges. He is scheduled to be sentenced on Oct. 16th.
Elrick called Judge Green for comment. She did not respond to my messages.
Wayne County judge's son convicted of child abuse
Detroit News
Sep 27, 2019
The son of a Wayne County Circuit judge was convicted Friday of second and third-degree child abuse.
Gary Davis-Headd, 31, whose mother is Judge Tracy Green, was found guilty by Judge Paul Cusick during a bench trial in Wayne County Circuit Court. Green has denied accusations that she used makeup to cover up bruises her son inflicted on one of his children.
Davis-Headd was remanded to the Wayne County Jail to await sentencing Oct. 16. He was not given bond and could face up to 20 years in prison.
Efforts to reach Davis-Headd's attorney were unsuccessful.
Davis-Headd, who has five children who live with their biological mothers, was charged in November with two felony counts of second-degree child abuse involving two of his children.
One of the children, an 11-year-old boy, testified during a parental termination hearing in March that his grandmother, Green, tried to cover up bruises from a beating by his father with makeup the night before he went to school.
Green testified she never saw bruises on her grandson and denied she used makeup to cover them up. The jurist did testify that she saw a handprint on her grandson's face from her son and acknowledged knowing that her son used a belt to discipline his two oldest sons.
Green has maintained that she has "done nothing wrong."
"I am not on trial here," the judge said during the March hearing. "I stand by my previous testimony, and I pray my reputation for integrity and decency will speak for me."
Elected last year to the circuit court's family division, Green was an attorney for more than two decades. She is known for her work in reuniting parents with their children in the foster care center.
Judge's son guilty of 'brutal' child abuse she's accused of concealing
Genevas Closett
YouTube
September 30, 2019
Gary Davis-Headd - Sentenced For Child Abuse and Domestic Violence
Michigan Department Of Corrections
October 16, 2019
Wayne County judge's son sentenced to 4-10 years of 'brutal child abuse she allegedly concealed
FOX 2 News - Detroit
Oct 16, 2019
https://www.fox2detroit.com/news/wayne-county-judges-son-sentenced-to-4-10-years-of-brutal-child-abuse-she-allegedly-concealed
The son of a Wayne County judge was sentenced to more than four years in prison after he was convicted of beating his children, which his mother, Wayne County Judge Tracy green, allegedly helped cover up.
Gary Davis-Headd was convicted last month of two felony charges of child abuse of his children. This was five months after his children and his current wife talked to FOX 2 and said that Judge Green helped cover up the abuse with makeup.
His mom, who presided over family court, allegedly helped him cover up the abuse of his two sons. Today, he was given the max sentence, while his mom - still a judge - watched
Pending Formal Complaints and Recent Supreme Court Decisions
Complaint No. 103, Hon. Tracy E. Green, 3rd Circuit Court
Michigan Judicial Tenure Commission
November 10, 2020
The formal complaint may be accessed by clicking here.
The Commission has extended the period for respondent to answer the formal complaint to December 31, 2020. The order granting the extension may be accessed by clicking here.
Judge Green's answer to the formal complaint may be accessed by clicking here.
The Michigan Supreme Court's order appointing a Master in the proceedings may be accessed by clicking here.
The Master's scheduling order regarding the formal hearing may be accessed by clicking here.
The hearing time for May 27, 2021, has been revised to 10:30 a.m. (from the previously scheduled time of 9:30); the Master's order reflecting that change may be accessed by clicking here.
The formal hearing starting on May 27, 2021 at 10:30 a.m., will be available to view live on the Judicial Tenure Commission's YouTube channel at the following link.
The formal proceedings set for June 14, 2021, in FC 103, have been adjourned by the Master. No proceedings will be held on that date. A revised scheduling order will be forthcoming.
Hon. Betty Widgeon, Master in the formal proceedings, has issued an amended scheduling order. The order may be accessed by clicking here.
Hon. Betty Widgeon, Master in the formal proceedings, has issued a third amended scheduling order regarding the formal hearing in this matter. The order may be accessed by clicking here.
Hon. Betty Widgeon, Master in the formal proceedings, has issued a fourth amended scheduling order. The order sets additional hearing dates on August 23, August 26, and September 17 (from 9:30 a.m. to 5:30 p.m. each day). The proceedings can be viewed via the Commission's YouTube channel at the link listed above. The order may be accessed by clicking here.
Hon. Betty Widgeon, Master in the formal proceedings, has canceled the proceedings scheduled for August 26, 2021. The next hearing date is September 17, 2021.
Hon. Betty Widgeon, Master in the formal proceedings, has added September 22 and September 27 as hearing dates in this matter (in addition to September 17, which had already been scheduled). The proceedings will be available to view on the Commission's YouTube channel using the link above. The amended scheduling order adding the dates may be accessed by clicking here.
The formal proceedings scheduled for Friday, September 17, 2021, will start at 1:00 p.m. (as opposed to 9:30, as previously scheduled). The proceedings will be broadcast on the Commission's YouTube channel.
By order of the Master, the formal proceedings scheduled for Wednesday, September 22 have been canceled. The hearing will continue at 9:30 a.m. on September 24, September 27 (as set in an earlier order), and on October 13, 2021. The order may be accessed by clicking here. The hearing will continue to be held remotely, and will be available to view on the Commission's YouTube channel.
By order of the Master, the formal proceedings in this matter will continue on October 29, 2021. The hearing will be in person but will not be accessible to the public (due to courthouse restrictions). The public can view the hearing on the Commission's YouTube channel. In addition, an additional formal hearing date has been reserved, if needed. That day is November 19, 2021. Those proceedings will be livestreamed as well.
The Master in these proceedings has issued an order allowing Disciplinary Counsel to file an amended complaint, which may be accessed by clicking here.
Respondent has filed an answer to the amended complaint (including affirmative and other defenses), which can be accessed by clicking here.
The closing arguments in this matter will be held on December 1, 2021. The arguments will be broadcast on the Commission's YouTube channel.
During the formal hearing, some testimony was taken under a separate record that the Master subsequently determined should be part of the record. The video for those proceedings was not on the Commission's YouTube channel, so the transcripts of those separate records are included here to insure the public has access to those proceedings. The applicable portions of the record may be accessed by clicking on the following:
The oral argument before the Commission will be on Monday, June 13 at 10:00 a.m. and can be viewed at the following link.
Disciplinary Counsel's proposed findings of fact and conclusions of law may be accessed by clicking here. Appendix A to the document may be accessed by clicking here. Appendix B to the document may be accessed by clicking here.
Respondent's proposed findings of fact and conclusions of law may be accessed by clicking here.
Disciplinary Counsel's reply to respondent's proposed findings of fact and conclusions of law may be accessed by clicking here.
Respondent's response to Disciplinary Counsel's proposed findings of fact and conclusions of law may be accessed by clicking here.
The Master's report may be accessed by clicking here.
A notice of hearing as to the oral argument before the Commission may be accessed by clicking here. Please be advised that permission for film and electronic media coverage should be requested by June 8, 2022, using the form available using the form available by clicking here. After completion, the form should be emailed to the Commission at: judicialtenure@courts.mi.gov
Disciplinary Counsel's brief in support of and in opposition to the Master's report may be accessed by clicking here.
Respondent's objections to the Master's report may be accessed by clicking here.
Disciplinary Counsel's response brief may be accessed by clicking here.
Respondent's response brief may be accessed by clicking here.
The Commission's Decision and Recommendation may be accessed by clicking here.
________________________________________________________________________
Commission Recommendations
Pending Before the Michigan Supreme Court
(The Commission's Decisions and Recommendations in the respective cases may be accessed above.)
The Commission has issued its Decision and Recommendation in FC 103 as to Hon. Tracy Green, 3rd Circuit Court. Proceedings will continue before the Supreme Court pursuant to MCR 9.251 and 9.252.
Gary Davis-Head - Court Of Appeals
Appeal Of Child Abuse Conviction
Wayne County Criminal Case #18-009282-01-FH
Court Of Appeals Case#351635
November 25, 2019
Gary Davis-Head - Court Of Appeals
Appeal Of Domestic Violence Conviction
Wayne County Criminal Case #18-009695-01-FH
Court Of Appeals Case#352149
November 25, 2019
