High court denies mother’s appeal in Mosley custody case

Thursday, March 28, 2002 | 9:09 a.m.

CARSON CITY -- The Nevada Supreme Court Wednesday tossed out an appeal by Terry Mosley, who sought a protective order against Clark County District Judge Donald Mosley, her one-time boyfriend and father of their child.

Terry Mosley, who was Terry Figliuzzi until 1995 when she changed her name to Mosley, had asked the court to allow her to file additional documents in her appeal that were not part of the record. She said if the court refused to permit the record to be enlarged, then it should dismiss the appeal.

The court said many of the documents Terry Mosley seeks to introduce cannot be included in the appeal record and agreed to dismiss the case.

The ruling upholds the finding of Senior District Judge Mario Recanzone, who declined to issue a protective order against Donald Mosley. Terry Mosley alleged the judge threatened her in 1999.

Recanzone, in his decision, said the incident took place in a doctor's office where the son was being assessed. He said Terry Mosley had a tape recorder hidden in her blouse and "forced herself upon the respondent (Donald Mosley) by sitting within a few feet of him, despite the fact he asked her to move away."

Recanzone said, "Her testimony was clear that she was harassing the respondent in an effort to have him threaten her with injury."

Donald Mosley denied the threats, and Recanzone said "his testimony was believable."

Terry Mosley took the tape to police. Recanzone said he sought a transcript of the tape for the hearing, but it was never produced.

The Mosleys have been in a prolonged child custody battle, in which the judge was awarded custody. In her petition, Terry Mosley said she has "been without parental rights for three and one-half years. The system has not worked and in many cases has not even attempted to be fair."

The Supreme Court also allowed Terry Mosley's attorney, Andrew Myers, to withdraw as counsel. This was the third attorney she has had during her appeal to the Supreme Court, which began more than two years ago.