A Santa Clara dad accused of abuse wins $43,900 for distress.

In a ruling hailed as a pivotal victory for father's rights, a San José man has won a $43,900 jury award for emotional distress after his ex-wife and her husband wrongly accused him of child molestation and kept him from seeing his children..

The father, Joe Caetano, is a familiar figure in Santa Clara County Family and Dependency Court. He has made regular telephone calls and personal visits to judges, lawyers and newspaper reporters over the years, making many - sometimes daily - emotional pleas for justice.

Supporters say Caetano's story is a poignant example of what's wrong with the county's system for protecting children. Once an allegation is made, the accused has little recourse.

But fathers' rights advocates see hope that his court victory reflects a shift in society's perception of estranged fathers.

"This is the first case I'm aware of where the wrongfully accused spouse has turned around and accused the accuser and then won," said Anne Mitchell, a San Jose fathers' rights attorney.

[Editor's Note: The quote actually was, "[T]his is the first case I'm aware of where the wrongfully accused spouse has turned it around and sued the accuser and won."]

"To me, this [verdict] symbolized accountability," Mitchell said. "This symbolized the possibility that people will not be able to use this tactic [of false molestation charges in divorce or custody battles]."

Mitchell said about 25 percent of her practice involves male clients who have been falsely accused of molesting children by ex-partners seeking an advantage in court.

Caetano's troubles began in 1987 when his 4-year-old marriage dissolved. His wife, Judy, kicked him out of the house and got a temporary restraining order against him. The next year, Caetano lost visitation rights after his wife said he molested their child.

Caetano denied the allegations. His supporters say that when the alleged molestations occurred, Caetano was in the hospital, away from his children. Nonetheless, county officials barred him from seeing his children until he received psychological treatment.

According to his lawyer, Jared R. Smith, Caetano received no treatment and only initial analysis because he wouldn't admit to the molestations.

An unfavorable psychiatric evaluation of Caetano, coupled with communication problems with the family social worker and antagonism by his former wife and her husband, was too much for him, Smith said.

He didn't see his children for two years, and then only sporadically.

According to testimony during the trial, Caetano was harassed repeatedly by Judy Lopez and her new husband, Gregorio Lopez, who prevented him from seeing his two children, taunted him and threatened him.

He lost his job, he lost his health and his emotional condition plummeted, Smith said.

Meanwhile, Caetano developed a legion of supporters in the legal community who say he is a tragic victim of a system gone awry.

His and similar cases became a symbol for the fathers' rights community, which came together and helped launch an ongoing county grand jury investigation of the Department of Social Services.

Smith, a Novato attorney, stepped in to help Caetano with his case and set out to prove that the Lopezes had engaged in a pattern of abuse toward Caetano.

A Santa Clara County Superior Court jury deliberated for 2 1/2 days and then last week awarded Caetano $12,500 from Judy Lopez and $31,400 from Gregorio Lopez. Caetano v. Barry, 717893.

John Padilla, the attorney for the defendants, said he was surprised at the verdict but that his clients now were willing to assure Caetano has visiting rights with his children. "The system did Joe wrong but the Lopezes are the ones who will have to pay for that because the system can't be sued," said Padilla.

Caetano said he will go back to court and do whatever necessary to get to see his children regularly.

Supporters say Caetano's plight is common. Fathers losing visitation rights is a chronic problem, said Russell Fish of the National Congress for Men and Children.

"I'm always troubled by these emotional distress kind of verdicts. However, if there's anybody that deserves to have this verdict, it's Joe Caetano," Fish said. "This man has been through hell. He's had his life destroyed. The only thing that I would have wished is that instead of that verdict being against his ex and her husband, it was against the county."

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