Remove Magistrate Rebecca Moss
While judges can be voted off the bench in Colorado, magistrates are not subject to retention through public votes. They are hired or fired by the Colorado State Judicial Department. Unless we know of negligent decisions made by magistrates that have adversely impacted children’s lives, these officials can continue to harm our children.
Usually we don’t hear about heartbreaking cases until it’s late. In the case of Ty Tesoriero, the magistrate who originally presided over his case, Rebecca Moss, allowed him to live with an abusive father who eventually murdered him. Ty’s mother, Jing Tesoriero provided evidence and documentation of abuse and domestic violence, yet Magistrate Moss ignored it. The family court system failed the child and his mother.
We know that protective mothers risk losing custody of their children when they allege abuse. Judges who give custody of the child to the abuser have no accountability. They are immune to any consequences. I feel it is time to step up and inundate Chief District Judges with letters to take action and remove magistrates with known records of detrimental judgements.
I have prepared a letter for Magistrate Moss regarding Jing Tesoriero’s case. I encourage you to tailor this letter to Chief Judge Michelle Amico if you live in Colorado. If you live in another state and know of a case where a magistrate’s custody decision led to the death of a child, please take the time to find out who his or her superior is and write a letter urging them to remove him or her from the bench.
Chief Judge Michelle
Amico Division 201- Arapahoe County 0
7325 S Potomac Street
Centennial, CO 80112
Dear Chief Judge Michelle Amico,
I am writing to you to ask you to review the conduct of Magistrate Rebecca Moss in her handling of the Tesoriero case in which Anthony Tesoriero was given 50/50 parenting time despite evidence of physical and mental abuse of the minor child Ty Tesoriero.
While we cannot go back to the night of September 21st to undo the tragic event of Ty’s murder, I ask that you carefully examine the decisions that Magistrate Rebecca Moss made initially in this case.
The facts are that:
• After Anthony Tesoriero’s repeated arrests, she ignored his domestic violence charges and increased his supervised visits.
• When the mother, Jing Tesoriero, tried to tell Magistrate Moss about Anthony's mental abuse on Ty and his continued harassment and threats, she stopped her from making her statement and directed her to give her evidence to the Department of Human Service’s county attorney instead. She did not acknowledge her evidence in her courtroom.
• When DHS recommended not to increase Anthony's parenting time, Magistrate Moss did so anyway.
• There was evidence that Anthony was coaching Ty to lie about Jing, such as telling the caseworker that she was suicidal and abusive. However, Magistrate Moss ignored the evidence and allowed 50/50 parenting time.
• Jing requested to not sit in the same courtroom as her abuser but Magistrate Moss required her to have joint court hearings. The magistrate handed down rulings against Jing when she was not in her courtroom which forced her to return to the courtroom with her abuser.
Magistrate Moss exhibited willful disregard for the evidence in this case and a lack of understanding of domestic violence. She granted Anthony shared parenting time despite the recommendations of DHS, which led to the continued abuse of Ty.
Her repeated errors in judgement cannot be attributed to honest mistakes. I believe Magistrate Moss did not diligently work to protect and promote the best interest of the child and ignored real evidence of risk of harm to Jing’s child. I am concerned for the safety of other children in which she has jurisdiction. For these reasons, it is imperative Magistrate Moss’s record of decisions and conduct be reviewed immediately.
Thank you for your attention to this matter.
Sincerely,