{\rtf1\ansi \deff1{\fonttbl {\f0\froman CG Times (E1);}{\f1\fmodern Courier;}}{\colortbl \red0\green0\blue0;} {\stylesheet{\fs20 \snext0 Normal;}} \margl2160\margr720\ftnbj\ftnrestart \sectd \sbknone\endnhere \pard \qj\sl0 \pard \qj\sl0\phmrg\dxfrtexty240\posxo\posx2160\absw9360\absh14226\brdrt\brdrs\brdrb\brdrs\brdrl\brdrs\brdrr\brdrs\nowrap \par \sect \sectd \sbknone\marglsxn2880\margrsxn1440\margtsxn1080\margbsxn1080\pgnx720\pgny720\endnhere \pard \sl300\tqr\tx-1440 \tx1008 \tx2016 \tx3024 \tx4032 \tx5040 \tx6048 \tx7056 \tx8064 \tx9072 \expnd4 \plain FAMILY COURT OF THE STATE OF NEW YORK\par COUNTY OF WESTCHESTER\par - - - - - - - - - - - - - - - - - - -X\par SUSAN SAMORA, \par \par \tab \tab \tab Petitioner,\par \par \tab -against-\tab \tab \tab Docket #O-972-98\par \tab \tab \tab \tab \tab \par PHOTIUS COUTSOUKIS,\tab \tab FU #53516\par \par \tab \tab \tab Respondent.\par - - - - - - - - - - - - - - - - - - -X\par Richard J. Daronco Court House\par 111 Dr. Martin Luther King, Jr. Blvd.\par White Plains, New York \par December 1, 1998\par \par B E F O R E :\par \par \tab HON. INGRID S. BRASLOW\par \tab Family Court Judge\par \par A P P E A R A N C E S :\par \par \tab Mark Domicello, Esq.\par \tab Attorney for Petitioner\par \par \tab Photius Coutsoukis\par \tab Appearing Pro Se\par \par \tab Robin Kotler, Esq.\par \tab Law Guardian\par \pard \tqr\tx-1440 \tx1008 \tx2016 \tx3024 \tx4032 \tx5040 \tx6048 \tx7056 \tx8064 \tx9072 \par \tab Nora Secoyager, Esq.\par \tab Assistant County Attorney\par \par \tab Pam Rolston\par \tab Senior Case Worker\par \par \pard \qc\tqr\tx-1440 \tx1008 \tx2016 \tx3024 \tx4032 \tx5040 \tx6048 \tx7056 \tx8064 \tx9072 SANDY SAUNDERS REPORTING\par \pard \qc\tqr\tx-1440 \tx1008 \tx2016 \tx3024 \tx4032 \tx5040 \tx6048 \tx7056 \tx8064 \tx9072 Bank of New York Building \par \pard \qc\tqr\tx-1440 \tx1008 \tx2016 \tx3024 \tx4032 \tx5040 \tx6048 \tx7056 \tx8064 \tx9072 Two New Hempstead Road, Suite 303\par \pard \qc\tqr\tx-1440 \tx1008 \tx2016 \tx3024 \tx4032 \tx5040 \tx6048 \tx7056 \tx8064 \tx9072 New City, New York 10956\par \pard \qc\tqr\tx-1440 \tx1008 \tx2016 \tx3024 \tx4032 \tx5040 \tx6048 \tx7056 \tx8064 \tx9072 (914) 634-7561\par \pard \tqr\tx-1440 \tx1008 \tx2016 \tx3024 \tx4032 \tx5040 \tx6048 \tx7056 \tx8064 \tx9072 \par \sect \sectd \sbknone\margtsxn1080\margbsxn1080\endnhere \pard \sl540\tqr\tx-1440 \tx1008 \tx2016 \tx3024 \tx4032 \tx5040 \tx6048 \tx7056 \tx8064 \tx9072 \pard \sl0\phmrg\dxfrtexty240\posxo\posx2160\absw9360\absh14226\brdrt\brdrs\brdrb\brdrs\brdrl\brdrs\brdrr\brdrs\nowrap \par \sect \sectd \sbknone\marglsxn2880\margrsxn1440\margtsxn1080\headery1440\linemod1\linerestart\lineppage\linex1296\endnhere {\header } {\header \pard \sl0 1\par\pard \sl0\phpg\dxfrtexty240\posxo\posx2160\absw9360\absh14226\brdrt\brdrs\brdrb\brdrs\brdrl\brdrs\brdrr\brdrs\nowrap \par \pard \qc\sl0 - Proceedings -\par} \pard \fi-1728\li1728\sl0 \tab \tab \tab COURT CLERK: Docket 0-972 of \tab 1998 in the matter of Samora against Coutsoukis. Appearances, please?\par \pard \sl0 \tab \tab \tab MS. SAMORA: Susan Samora.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: Mark \tab Domicello, assigned counsel for Susan Samora.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Photius \tab Coutsoukis, defendant.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MS. KOTLER: Robin Kotler, \tab Law Guardian. \par \pard \sl0 \tab \tab \tab THE COURT: Okay.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MS. SECOYAGER: Nora \tab Secoyager (phonetic), Assistant County Attorney for the Department of Social Services.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MS. ROLSTON: Pam Rolston \tab (phonetic), senior case worker for (inaudible).\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Okay, this case \tab is scheduled for a fact finding hearing under Docket 0-972-98. Mr. Domicello, are you ready to proceed on this petition?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: I'm ready to \tab proceed on the petition, Your Honor. I have also filed an amended petition which Ms. Kotler has accepted, I believe Mr. Coutsoukis has accepted also, and we will be requesting a continuance for that petition. However, on the initial petition, we're ready to proceed today.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Mr. Coutsoukis, \tab have you accepted service of the amended petition?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: I have \tab accepted service of the petition.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Of the amended \tab petition?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Of the \tab amended petition, yes. I was just handed this, although it doesn't have a docket number on it.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: Well, we're \tab waiting for the X docket number, Your Honor, which I filed with the Court. \par \pard \sl0 \tab We--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Was this just \tab filed this morning?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: Yes, Your \tab Honor. Yes.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: All right, I'll \tab add that. Any objection to adding that to today's calendar.\par \pard \sl0 \tab \tab \tab MS. KOTLER: No, Your Honor. \par \tab \tab \tab MR. COUTSOUKIS: Yes, I do. \par \tab \tab \tab THE COURT: You object? \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: And I have a \tab full explanation of why I object. Your Honor, before I speak about the other side's request for adjournment, I would like to mention that one of my \par \pard \li1728\sl0 witnesses--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Excuse me. \tab Before you go further, they're not requesting an adjournment. They're asking to proceed on the original Family Offense petition, and they request a continuance--\par \pard \sl0 \tab \tab \tab MR. COUTSOUKIS: Right. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: --as to the \tab allegations on the amended.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: I apologize, \tab Your Honor. Mr. Domicello mentioned last time we were here over a month ago that he was filing additional charges for Susan's request for an Order of Protection. He had plenty of time to do so in a timely manner so that I could be prepared to defend myself in today's hearing, but did not do so, so I request that any charges that he brings today or new relief that he brings today be dismissed. These charges and other activities from the other side are nothing but delaying tactics to prolong the temporary-- \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: Objection, \tab Your Honor. This is a--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: --prolonging \tab the temporary Order of Protection in effect, making it--in effect, making it permanent by delay as the petitioner, her attorney and her so-called law guardian did last year as well. I would like to submit into the record my affidavit dated November 27, 1998, which is Exhibit "O," which partially explains how this delaying tactic came about-- \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: No. No, Mr. \tab Coutsoukis. I'm not going to go into what happened last year. We haven't started the hearing.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: No, this is \tab about the request.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: There's not going \tab to be an Exhibit "O" admitted into evidence. I haven't commenced a hearing. You've made a motion to dismiss the amended petition. Let me address myself to that, all right? Mr. Domicello?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: Your Honor, \tab as far as the amended petition is concerned, I do not believe that I'm under any time constraints with regard to filing an amended petition. I requested leave of this Court to file one, the Court granted it. Mr. Coutsoukis accepted service, so did the law guardian. I'm not requesting an adjournment of this matter, merely a continuance as Your Honor stated before. The--I didn't want to have to file this amended petition; however, the harassment and the menacing against my client and the parties' daughter has continued and that's forced me to file this petition today. In addition, we're also requesting a continuance cause there's some records--I asked Your Honor to so- order a subpoena with regard to telephone records--that will show this harassment has continued during the period between the filing of the petition and the filing of the amended petition. So there are new facts which we need to have testimony evidence about. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: All right, let me \tab hear from the law guardian.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MS. KOTLER: Your Honor, I \tab have no objection to the continuance for these new charges.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Your Honor, \tab she said that last time. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Excuse me. \tab Excuse me. As to the motion to dismiss?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MS. KOTLER: Your Honor, I \tab don't believe we should dismiss. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Motion to \tab dismiss will be denied.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Last time we \tab were here--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: You did accept \tab service of the amended petition. The amended petition will be added to today's calendar and the Court-- \tab \tab \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Well, I \tab object to the violation of due process and prejudicing my defense by having new charges and new relief brought to me at the last moment just outside the door of the court without time to prepare.\par \pard \sl0 \tab \tab \tab THE COURT: Okay. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: \tab Additionally, Mr. Domicello mentioned this, that he had additional charges over a month ago in this courtroom.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: I heard you, Mr. \tab Coutsoukis. You said that before. Mr. Domicello, are you asking the Court to proceed on those petitions at this time?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: No, Your \tab Honor, just the--just the one that is scheduled for today. Again, I am requesting a continuance as to the amended petition.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Well, it seems to \tab the Court that the criminal cases that are in the original petition are also in the amended petition--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: Correct, Your \tab Honor.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: --plus additional \tab ones.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: Right. With \tab regard to the additional allegations, I'm requesting a continuance. \par \pard \sl0 \tab \tab \tab THE COURT: Okay. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: I will--to \tab offer Mr. Coutsoukis a time period to prepare, to defend himself with regard to these--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: You had a \tab month to do it.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: I'm sorry. I'm \tab sorry. Mr. Domicello, what is your objection to withdrawing the original petition and just proceeding on the amended petition only on the allegations that are in the original petition--excuse me, on the amended petition itself?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: I have no \tab objection to doing that, Your Honor. I would certainly do that. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: All right, then \tab Docket 0-972-98 is going to be withdrawn and this Court can proceed on only the allegations that were in the original petition that are presently in the amended petition.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: I still \tab object to that tactic, Your Honor.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Well, what is the \tab prejudice that will result to you as to that?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: This is \tab their petition, Your Honor. They were given as much time to prepare, including the additional allegations and relief that Mr. Domicello mentioned over a month ago. They had as much time to prepare as I did. \par \pard \sl0 \tab \tab \tab THE COURT: No. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Between the \tab petitioner and the two lawyers--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: No, Mr. \tab Coutsoukis--\par \pard \sl0 \tab \tab \tab MR. COUTSOUKIS: --there-- \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: No, I'm asking \tab you what is the prejudice that will occur to you? You've already said that, I understand that you would like more time. However, the Court will grant a continuance to give you more time.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: But, you \tab see, I'll object to that because that means I will have a temporary Order of Protection extended yet again. Last time the two of them did it for months and months. I was convicted without a hearing. I suffered, my daughter suffered, she was diminished.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: No, there is no\tab condition--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Okay, there \tab are three of them. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: --(inaudible) in \tab Court.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Well, if you \tab let me I will read to you what I--I will tell you exactly how I feel, if I may? \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: No, (inaudible) \tab will be unnecessary.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: This is a \tab delaying tactic, Your Honor, and the Order of Protection, the temporary Order of Protection which is, in fact, a criminalization of an innocent man and a good father, is done for only that purpose, for the purpose of pursuing fatherless--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Well, in other \tab words--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: --for my \tab seriously damaged daughter.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Well, Mr. \tab Coutsoukis, in other words, you're objecting to any further delay; therefore, the Court will not delay it. The Court will proceed this morning, will proceed on the allegations that are in the original petition. Mr. Domicello, call your first witness. Well, before you do that, I have the County Attorney in the courtroom and there is something that you want to put on record?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MS. SECOYAGER: Your Honor, \tab we're here because we were served with a subpoena from the respondent. It was served upon Pam Rolston and Docket 0-972 of 1998. You Honor, I would move to quash for two reasons: one, that Child Protective Services did conduct an investigation. The result was unfounded, therefore, the record is legally sealed pursuant to 422 of Social Services Law. And also the petition in O-972-98 has been withdrawn and, therefore, she cannot testify either.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: There's \tab another matter, though, Your Honor.\par \pard \sl0 \tab \tab \tab THE COURT: Yes?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: The reason I \tab asked Ms. Rolston to come here is not because of any of the investigation that had to do with a matter that was reported to them. The reason I'm asking her to--I asked her to come here is because in regard to--with an Order of Protection, Susan plotted to see that there was a violation, or what appeared to be a violation-- \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: Objection, \tab Your Honor. This is testimony. It's argumentative. It's speculation. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: I'm \tab explaining why Ms. Rolston is here.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Well, let him \tab finish his thoughts.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Okay, Ms. \tab Rolston came to my house at 5 p.m., which is the designated time for exchange of my daughter, where Susan was supposed to be at my house at 5:00. Ms. Rolston waited for one hour, and then at 6:00 she left. That's when Susan, who came in somebody else's car, not her own, in concealment, came to pick up my daughter. From there she proceeded to go to the police department where she has very close family connections, filed a complaint that I violated an order that said there should be a third-party present during the visitation. At that point I was dragged here in handcuffs in violation-- \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Okay, Mr. \tab Coutsoukis, what did--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: That is why \tab she is here. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Mr. Coutsoukis--\tab well, let me hear from the law guardian.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MS. KOTLER: Your Honor, I \tab don't know about this incident that Ms. Rolston apparently was at, but I don't see how that bears any relevance on the petition at this point. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Because the \tab character of the petitioner--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: I join in the \tab application, Your Honor. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: --the fact \tab that she is a scheming, psychopathic, dangerous individual who has put me-- \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: Your Honor, \tab I'm going to object and ask that be stricken from the record.\par \pard \sl0 \tab \tab \tab THE COURT: All right--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: I have \tab proof.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: I'm going to let \tab that remain on the record.\par \pard \fi-2016\li3744\sl0 \tab \tab \tab MR. COUTSOUKIS: And I have \tab proof.\tab \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: But, however, you \tab may have proof, but this Court here, Mr. Coutsoukis, is dealing with a very limited conviction.\par \pard \sl0 \tab \tab \tab MR. COUTSOUKIS: Correct. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: And you can see \tab that it's--I'm sure you have this amongst the many documents that you have in front of you--you will see that it is outlined in a number of paragraphs what the petitioner is saying constitutes a family offense. The instrument that you're referring to is not in this petition. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: But it is \tab about a pattern. It is the fifth time she has done it, and I have proof that she has only done it to deprive me and my daughter access to each other. She has caused serious damage to my daughter. She has done it through perjury. There is an investigation of perjury going on in Oregon today. \par \pard \sl0 \tab \tab \tab THE COURT: All right, I-- \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: And \tab regarding the law guardian here, I also would like to say something when you're ready.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Okay, I've heard \tab you give your reasons for wanting to call this witness; however, the Court agrees with the law guardian that there is nothing relevant to the testimony that you wish to have this witness offer to this petition. Therefore, the motion-- Mr. Domicello, anything you wanted to add?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: I'm actually \tab joining in the application, Your Honor, that the testimony would be irrelevant.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: The testimony, it \tab appears to the Court, would be irrelevant. The motion to quash is granted and, therefore, (inaudible). \par \pard \fi-2016\li3744\sl0 \tab \tab \tab MS. SECOYAGER: Thank you, \tab Your Honor.\tab \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: All right, you \tab wanted to say something as to the law guardian?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: I would like \tab to submit for the record (inaudible) my letter dated October 16, 1998, to Attorney Kotler, the law guardian, and I move that she be dismissed immediately for the reasons explained in that letter. \tab \tab THE COURT: Well, rather than have any letters admitted into evidence, why don't you just tell me? It will be on the record.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Okay, I will \tab read it to you.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: No, why don't you \tab just--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: That's my \tab reason, whereas from the time--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Well, why don't \tab you just--\par \pard \sl0 \tab \tab \tab MR. COUTSOUKIS: Okay. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: --tell me in your \tab own words, but--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: From the \tab time she was appointed to be the law guardian, she initiated and maintained close contact with Mr. Domicello, Susan's New York court-appointed attorney, Christina Sands, her Oregon attorney, and a number of witnesses and unfriendly to me, such as Ms. Barbara Kozol, who committed perjury, proof of which I subsequently submitted to the law guardian, she avoided contact with me and my then attorney, Jan Zager. \par \pard \fi-1728\li1728\sl0 \tab And, by the way, Barbara Kozol is in the \tab midst of an investigation of perjury in southern Oregon today. My phone calls went unanswered and she did not have a fax which would have been very useful for emergencies. She ignored Dr. David Oas' pleas and his written statements warning about the dangers to my daughter from handing her over to Susan. And in spite of the urgency of the matter, she refused to accommodate my request that she speak with him, call him. She called him a hired gun, even though I explained to her that he performed a court-mandated evaluation in the process getting to know me and Susan and Teddy, my daughter, personally. And while she apparently felt it was necessary to eventually visit my daughter at Susan's, she decided to ignore the fact that up to--until last year's catastrophic events, Teddy spent \par \pard \sl0 \par \pard \li1728\sl0 every day with me, that I raised her from birth and that clearly I was the more caring of the two parents, always having chosen personal care for our baby, as opposed to Susan's choice of handing her to strangers. The fact that I am the better educated, more knowledgeable in medicine and child development, more inciteful and more honest of the two parents was also not a factor in her thinking. Additionally, when I complained to the Oregon judge that I was not notified when my daughter was hospitalized and that having found out about her hospitalization inadvertently from other sources, Susan instructed the hospital staff to not allow me to visit, Susan testified in court under oath, in Oregon, that she informed the law guardian, Ms. Kotler, immediately and that she was asked to let me know. She did not let me know and she did not intervene to allow my sick child to see me, the person to whom she is most attached to and the one she respects the most. And while Mr. Domicello, Susan's court-appointed attorney in New York, had the decency to intervene and sign a letter regarding the New York Family Court decision after Susan lied to the Oregon Court about it, she chose to do nothing. In spite of numerous warnings to her about the potential dangers to my daughter from her unjustified forced separation, she exhibited a complete lack of a sense of urgency and, upon my daughter's hospitalization, complete apathy. As she knows, my daughter, who was previously never admitted to a hospital, was hospitalized three times last year, which was after our separation. She also suffered brain damage and severe disabilities, which were not present at the time that I contacted her. I cannot imagine what the role of the law guardian would entail if it involved ignoring dangers to a child's life. She had every \par \pard \li1728\sl0 opportunity to intervene and to ask the Court to take action, so as to prevent this calamity. Instead, she chose to postpone the hearing, in which Your Honor reinstated the then in effect Oregon order where my daughter spent her days with me, so as to facilitate the sinister goals of the other side, and she cited Jan Zager's late filing of an Order to Show Cause as an excuse. I believe her actions are shameful and they portray not just incompetence and dereliction of duty, but a failure as a human being. As far as I'm concerned, she is as responsible for the terrible harm that was inflicted on my daughter and to me as Susan is, and I view her as someone who has Teddy's blood in her hands. Now, there are additional reasons why Ms. Kotler should be dismissed, namely, she was appointed to this position without any of the criteria for a law guardian as provided in the Family Court Act being met, and I'm talking about Article 2, Part 4, Sections 242 and 249; Article 3, Part 5, Section 354.2; Article 7, Part 5, Section 760; Article 10, Part 1, Section 1016, and Part 7, Section 1075. She was appointed last year seemingly for the purpose of lending credence to falsehoods emanating from the other side, which is another reason why she should be dismissed at once. That the Court would allow Ms. Kotler's utterly unqualified and biased diagnosis of my daughter, Theodora Coutsoukis, while refusing the medical and educational records from the providers to whom the petitioner, that is, the other side, took my daughter which I submitted to this Court is irregular to say the least.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Do you want to \tab respond?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MS. KOTLER: Well, Your \tab Honor, this--it's very difficult to respond to these kind--this kind of diatribe. I have received this letter and rather than go through it point by point and take the Court's time--this is really not the appropriate forum for this--I will only say that I have certainly acted as a proper law guardian and, in fact, have been a great advocate of my client. But what I have found is that Mr. Coutsoukis believes that anyone who does not agree with him is out to get his daughter and, at this point, I have some real concerns about his psychological status and I would request a psychological examination. And I'm actually rather pleased that he put this letter before Your Honor because I think this letter is clear evidence of the difficulties that he has been having emotionally here. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: I object to \tab Ms. Kotler acting as a psychologist, a child development expert, and a psychiatrist here. She had every opportunity to look at the records from the hospital where my daughter was hospitalized. She has evidence of brain damage. She has all the medical records and educational records which show how my daughter was diminished. She ignored them. She just doesn't like to admit it. Now, regarding this, I would like to submit a letter that I sent to Mr. Domicello a couple of weeks ago. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: No. No. I'm not \tab going to--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Okay, I'll \tab tell you what it says.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: No, just a \tab minute.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Mr. \tab Domicello--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: No. Mr. \tab Coutsoukis, now you wait.\par \pard \sl0 \tab \tab \tab MR. COUTSOUKIS: Okay. \par \tab \tab \tab THE COURT: I want to \par \pard \li1728\sl0 hear from Mr. Domicello as to your application, as to vacate the appointment of Ms. Kotler. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: Your Honor, \tab Robin Kotler is the law guardian in this case. She's an attorney. She's an attorney for the child. She's under no obligation to speak to any party in this matter, the mother or the father. All she has an obligation to do is, what I believe as a law guardian myself, is a two-fold requirement, to advocate for the child and to do what's in the child's best interest. I believe Robin Kotler has done so throughout the entire proceeding over the last year, plus. She's been in constant contact with my client, she--from what I understand, upon information and belief, she's been in constant contact with the child's medical providers and educational providers, and in contact with Mr. Coutsoukis. From my own personal knowledge, I am--I believe that if you don't agree with Mr. Coutsoukis, you don't know what you're talking about. Mr. Coutsoukis, as he stated, believes he has more knowledge than any of the doctors, any of the medical providers that my client has chosen to care for this child, and that just shows where Mr. Coutsoukis is coming from. And I would join in Ms. Kotler's application that Mr. Coutsoukis be placed--and I'm going to make this application once again after the \par \pard \li1728\sl0 hearing--that he be placed under supervision of the Department of Probation and that he be evaluated, clinically evaluated, psychiatric and psychiatric--psychological evaluations in this matter and follow the recommendations. I think he's a danger to my client and to--and potentially to his daughter.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: All right, I'm \tab just--I'm going to rule on the application of Mr. Coutsoukis to vacate the appointment of Ms. Kotler. That will be denied. The Court has not found that the law guardian has been derelict in the performance of her duties owed to the child and to the Court. She is qualified to be on the law guardian panel under the standards imposed by law for these hearings and the rules of court. She continues to serve in this matter and many other cases. And your arguments are unsubstantiated, Mr. Coutsoukis, and they will be rejected. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: I have some \tab evidence to substantiate some of these.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: No, I'm not going \tab into this anymore. That is the end of this. She will remain on this case. And without any further ado, I'm want to take testimony on the amended petition.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Your Honor, \tab may I submit Federal Express letter showing her refusal of my correspondence repeatedly?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: No, that is \tab irrelevant to this proceeding. I'm hearing testimony on the allegations in the petition. All right, the docket number on the amended petition remains the same as the original petition. It will not receive the X docket number. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: Thank you, \tab Your Honor.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: I have \tab another question, Your Honor. One of my witnesses came on a subpoena duces tecum. May I request that these documents that he brought be entered into the record at this time?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: I haven't heard \tab any testimony. I have no idea who the witness is. I have no idea what his or her testimony is going to be or if it's going to be a motion to--in opposition to this witness testifying. Before any evidence is submitted into the record, Mr. Domicello or the law guardian may request an offer of proof of what type of testimony this witness is going to offer and, therefore, to offer any kind of testimony in evidence would only be premature. All right, let's start with the petitioner's case.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: Thank you, \tab Your Honor. I call Susan Samora.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: All right, Ms. \tab Samora, you're going to be sworn in. Please take the witness stand.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab COURT OFFICER: Raise your \tab right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MS. SAMORA: (No audible \tab response).\par \pard \fi-1728\li1728\sl0 \tab \tab \tab COURT OFFICER: Please be \tab seated.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Okay, you can \tab proceed.\par \pard \sl0 DIRECT EXAMINATION OF SUSAN SAMORA \par BY MR. DOMICELLO: \par \tab Q\tab Good morning, Ms. Samora.\par \tab A\tab Good morning, Mr. Domicello. \par \tab Q\tab You filed an amended petition alleging a family offense with this Court today. Is that correct?\par \tab A\tab Yes. \par \tab Q\tab With regard to the acts alleged in the petition, when did they take place? \par \tab A\tab Well, these have pretty much been ongoing situations. We've been exchanging our daughter at the Ossining Police Department for at least nine months.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Her testimony \tab today should be only as to the allegations in the original petition. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: Yes, Your \tab Honor, that's where we're looking at this point.\par \pard \sl0 \tab Q\tab Ms. Samora, please keep your testimony with regard to only allegations in the original petition and none with regard to the amended petition.\par \tab A\tab Okay. Well, then, the original petition was dealing with harassment, be it the telephone and the tele--and the fax. \par \tab Q\tab Okay, what time period did this alleged harassment take place? \par \tab A\tab Well, Mr. Coutsoukis has called my house. We moved to a new apartment in June, and from there on--I mean, there have been times, and I didn't write them down or tape them, but where he would call and say things that were unpleasant. I'd hang up on him, and that's why I'm hoping that the subpoenaed phone records will show that he would then repeatedly call and call and call. And either I would pick up or I wouldn't pick up or the answering machine would pick up and then he'd make some-- some terrible comments. And-- \par \tab Q\tab Well, could you explain to the Court what those terrible comments were, please, if you recall? \par \tab A\tab Well, I, you know, I--Mr. Coutsoukis' comments have been, as you've heard, blaming me for my--our daughter's condition.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Okay, before you \tab go any further, could you give a time frame on--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: Yes, I \tab believe--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MS. SAMORA: From June of \tab this year, Your Honor, till, I guess after I filed this petition. The incidences are not frequent. \par \pard \sl0 \tab Q\tab What you're saying, after you filed the original petition--\par \tab A\tab Right. \par \tab Q\tab --they've been diminishing?\par \tab A\tab Right. \par \tab Q\tab But between June and the filing of the original petition-- \par \tab A\tab Right, that's when they-- \par \tab Q\tab --which was back on September-- \par \tab A\tab Right, that's when they-- \par \tab Q\tab --25th. \par \tab A\tab Right, that's-- \par \tab Q\tab Keep that time frame. \par \tab A\tab Okay. That's probably when they were involved. Now, I'm getting a little bit confused because--well, you be the judge of this. On Friday last, we had an exchange and I--my daughter was in the car-- \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: No, I'm sorry, \tab Ms. Samora, you can only testify as to what's in the original petition today.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MS. SAMORA: Oh, okay. I'm \tab sorry.\par \pard \sl0 \tab Q\tab Between June and September 25, 1998. \par \tab A\tab Okay. \par \tab Q\tab Between June 5 and September 25. \par \tab A\tab Okay. Well, comments that, you know, if she had bruises on her legs, you know, that I incurred the bruises. Maybe I'm getting confused. I mean, this is harassment for me. I can tell you how it started, okay? I was on the internet when-- \par \tab Q\tab Would you like to look at your petition to refresh your recollection?\par \tab A\tab Well, I know what the petition says, but now I'm getting confused with the amended one, I guess. Let's go back to the original petition and how it started cause that's the easiest for me to go form there, if that's okay. I was on the internet, it was 10:30 at night. \par \tab Q\tab When was this, before you--\par \tab A\tab This was September 24, I believe--\par \tab Q\tab Okay.\par \tab A\tab --or 25th.\par \tab Q\tab Uh-huh. \par \tab A\tab And 10:30 at night--I have a one- bedroom apartment, no one calls me after that, you know, after 10:00 because my daughter is sleeping in the bedroom. The phone rang, he's yelling at me that he had--he wants to fax me something. I said, "Okay, go ahead and fax," and then he faxes me this fax that says something about if I don't give him a book from our daughter's summer experience at St. Agnes, that he's gonna give me a court something--I forget, it was a subpoena.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Objection, \tab Your Honor. \par \pard \sl0 \tab A\tab Something to that effect.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Objection to \tab what?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: If she has a \tab fax, she should produce it. This is hearsay. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. SAMORA: It's part of \tab the-- \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Well, she can \tab testify to what's in the fax.\par \pard \fi-3024\li4752\sl0 \tab \tab \tab MR. DOMICELLO: She can \tab testify to it.\tab \par \pard \sl0 \tab \tab \tab THE COURT: Overruled. \par \tab A\tab Okay. It's part-- \par \tab \tab \tab THE COURT: It's not hearsay. \tab A\tab It's part of the document there. The document that was given to the--to Judge Tolberg (phonetic) had the copy of his fax there and I'm sure it's part of the record, Your Honor. So I then immediately faxed him, "No more faxes after 9:00." The phone, he kept on calling me and calling me on the phone, and it was 11:30. I said, that's it, I can't take these phone calls anymore, and it was the straw that broke the camel's back. I called the police department, I said, "Please, call this man. Make him stop calling me at this time." I have eighty-year old landlords downstairs. The walls are very thin, they don't need to hear the phone ringing at this time. And the police-- \par \tab Q\tab How many times did he call you that night? \par \tab A\tab Well, you know, I don't remember, but at least three, maybe four. I didn't--I turned the phone off, so I don't even know how many times he called. \par \tab Q\tab And what if anything did he say to you during these phone calls? \par \tab A\tab He just wanted to get whatever it was he wanted, and that's as much as I remember. You know, you get these phone calls, after a while you try not to even remember it because--I just, you know, I'm tired of listening to him.\par \tab Q\tab With regard to letters, have you been sent any letters by Mr. Coutsoukis between June 5 and September 25, 1998? \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: I don't \tab believe letters are in the complaint, the original complaint. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: I believe \tab they are, Your Honor. And it's in the-- the first paragraph of the amended petition speaks to-- \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Forget the \tab amended petition. She wants the original complaint.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: That's in \tab the--the first--let me finish, the first paragraph of the amended petition is the first paragraph of the original petition.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Well, the \tab original petition refers to telephone and fax. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MS. SAMORA: But isn't it \tab basically harass-- \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Just a minute. \tab In the amended petition--\par \pard \sl0 \tab \tab \tab MR. DOMICELLO: Yes. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: --the first \tab paragraph indicates that he--there's a reference to telephone and letters and fax.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: The amended \tab one?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: Well, then \tab I'll limit my questioning to fax and faxes.\par \pard \sl0 \tab \tab \tab THE COURT: Okay.\par \tab Q\tab What did Mr. Coutsoukis fax you, if anything?\par \tab A\tab He could--well, this fax, for example, that was threatening that if I didn't give him something that he was going to go to court. Okay, he could fax questions on Teddy.\par \tab Q\tab When you say could, did he? \par \tab A\tab Well, I think that--you know, I don't remember the date. That's what I'm concerned about. If there's something in my file that is a date of--prior to the 25th of September, I don't remember that. If I'm allowed to get my file, I would, you know, look it up. \par \tab Q\tab Well, continue with your testimony.\par \tab A\tab Well-- \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: You have to \tab ask her a question, sir. \tab \par \pard \sl0 \tab \tab \tab MR. DOMICELLO: I-- \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Your Honor, \tab she can't--\par \pard \sl0 \tab \tab \tab MR. DOMICELLO: I would--I-- \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: I'll make that \tab decision. Go ahead. \par \pard \sl0 \tab A\tab In terms of the faxes, he could ask questions about Teddy, ask questions about scheduling, you know, things-- \par \tab Q\tab What kind of questions?\par \tab A\tab Things-- \par \tab Q\tab Scheduling? \par \tab A\tab Things of that--scheduling, what time is she going to be picked up or can he have her this time, or there was a situation where his mother was returning to Greece and he asked via fax if he could have her at that time. \par \tab Q\tab Did you request that he stop faxing you these--this correspondent? \par \tab A\tab I didn't--I asked him--when the faxes were appropriate, no. But if the faxes were threatening or--how would you say for this--this--you know, I'm gonna, you know, get you in court on Monday if you don't do something kind of situation. Especially what was annoying about that was he had the book. I had taken x amount of time to fax--to xerox the whole book for him, so he had it in his possession. So that was annoying. \par \tab Q\tab So there was no reason for him to fax you about that book. Is that correct?\par \tab A\tab No, there was no reason. He just-- he--as you see, he's got a lot of papers. He doesn't even know what he has, I don't think.\par \tab Q\tab Between June 5 and September 24, 1998, were there any other times other than that September 24 date, that he would call you repeatedly? \par \tab A\tab You know, I can't--without the phone records, I don't remember. There could have been, you know, numerous times. I'm sorry, I, you know, didn't write it down. I probably should have, but I didn't. \par \tab Q\tab Do you believe there are numerous times?\par \tab A\tab Yes. How many is numerous? More than three?\par \tab Q\tab A day--\par \tab A\tab Oh. \par \tab Q\tab --my question is. \par \tab A\tab Well, when he's in a mode of not letting go and exasperated, if you hang up the phone on him, he'll just keep calling back. Somebody else, you hang the phone up on, that is a message to that person that--that you don't want to speak to them. To Mr. Coutsoukis, it's license to just keep calling. \par \tab Q\tab And you believe that there were periods--that there were those such situations before June 4--5 and June--I mean, September 24, 1998? \par \tab A\tab As I said, it's a strong possibility. \par \tab Q\tab And that records, the telephone records will show that?\par \tab A\tab I would hope so.\par \tab Q\tab With regard to exchanges of your daughter, pick up and delivery for visitation at the police station, which police station is that? \par \tab A\tab That's the Ossining Police Station on Croton Avenue in-- \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: I'm sorry. Mr. \tab Domicello--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: That's on the \tab original petition, Your Honor, page two, with regard to the pick up and drop off of the daughter.\par \pard \sl0 \tab A\tab I have-- \par \tab Q\tab What happens during those pick ups and drop offs? \par \tab A\tab Anything from Mr. Coutsoukis stepping on toes while I'm holding my daughter, our daughter, to if he sees bruises on her legs, looks to kill.\par \tab Q\tab What do you mean sees bruises on her legs? What did she do?\par \tab A\tab Well, for example, if she has a dress on--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Well, wait a \tab minute.\par \pard \sl0 \tab \tab \tab MS. SAMORA: I'm sorry.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: I think we're \tab getting a little bit afield as to the original petition, Mr. Domicello. You're getting into allegations that are in the amended petition or appear to resemble allegations in the original petition. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: Okay, Your \tab Honor. I will limit my questions to the original petition.\par \pard \sl0 \tab A\tab Could I have a copy of the original petition?\par \tab Q\tab Did Mr. Coutsoukis ever say that you are responsible for the murder of your daughter? \par \tab A\tab He said I will pay for it. \par \tab Q\tab You will pay for the murder of your daughter? \par \tab A\tab Yes. \par \tab Q\tab What if anything else did he say during that conversation and when did that conversation take place?\par \tab A\tab It was in the late summer, I believe, early fall. \par \tab Q\tab Of 1998? \par \tab A\tab Right. And-- \par \tab Q\tab Could you explain to the Court what happened during that incident?\par \tab A\tab I--it was during an exchange and that comment came out and, subsequent to that I then--to try and--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Your Honor, \tab I'll object to the theatricalities.\par \pard \sl0 \tab A\tab --to try and protect--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Well, Mr. \tab Coutsoukis, be patient now. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: I'd like to \tab remind the Court I was lambasted for crying when I was dragged in here in handcuffs. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Well, Mr. \tab Coutsoukis, please.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: She is \tab acting. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Please. Mr. \tab Coutsoukis, one more remark like that--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Yes, Your \tab Honor.\par \pard \sl0 \tab \tab \tab THE COURT: Go ahead.\par \tab A\tab I then took to taking a tape recorder to guard against those kind of comments.\par \tab Q\tab Was your daughter present during that comment?\par \tab A\tab I believe she was. \par \tab Q\tab And how old is your daughter? \par \tab A\tab Five. \par \tab Q\tab Did he--did Mr. Coutsoukis explain what he meant by the murder? Obviously your daughter's alive, correct?\par \tab A\tab Yes. \par \tab Q\tab She's doing well under your care?\par \tab A\tab Very much so.\par \tab Q\tab Did Mr. Coutsoukis explain what he meant by murder if your daughter is alive and doing well? \par \tab A\tab No, he did not explain and I can only infer. He has blamed--he has blamed me for--for her illness, her neurological issues.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Your Honor, \tab she's still doing it. Please. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: No, Mr. \tab Coutsoukis, please. I'm gonna have to ask you to just be tolerant.\par \pard \sl0 \tab Q\tab What condition does your daughter have? \par \tab A\tab She has a seizure disorder and was termed chronic encephalopathy--\par \tab \tab \tab MR. COUTSOUKIS: Irrelevant.\par \tab A\tab --which means-- \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: Your Honor, \tab objection. I think it's relevant. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: What's the \tab relevancy of--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: Your Honor, \tab Mr. Coutsoukis is blaming my client and harassing her, and to call her a murderer in the presence of her daughter for conditions that my client had nothing to do with, I'm eliciting testimony with regard to what condition might be--the child has.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: I'll allow it to \tab that purpose.\par \pard \sl0 \tab A\tab It's chronic encephalopathy, which means a brain injury.\par \tab Q\tab Are you aware of the cause of it?\par \tab A\tab No, I am not. \par \tab Q\tab Could it have been anything that you've done that caused this condition? \par \tab A\tab No, I don't believe it's anything that I've done.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Excuse me, \tab she's not a medical expert, Your Honor.\par \pard \fi-2016\li3744\sl0 \tab \tab \tab THE COURT: I'll sustain the \tab objection.\tab \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: I have no \tab further questions, Your Honor, with regard to the original petition. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: All right. Are \tab you asking for a continuance at this time?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: Yes, Your \tab Honor. I'm asking a continuance with regard to the allegations contained in the amended petition and to obtain the records that will sustain the petition.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: I'm not sure \tab I understand what he's asking for.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: He's asking that \tab the Court put this hearing over to another date to enable her to continue and conclude her direct examination, at which time we'll proceed with cross- examination. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Okay, but \tab can I answer that request, please? There are three of them, two of them lawyers, three brains, six hands, two law degrees, one of them otherwise fully unemployed--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Well, what are \tab you talking about?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: --with \tab plenty of free time in her hand, a commodity that I cannot afford without losing my livelihood, which does not consist of practicing law. This is another delaying tactic of the sort that they had been practicing from the moment Susan landed in New York court a year ago. If the Court does not dismiss their request for this adjournment, it should at least revoke the temporary order of protection which would otherwise stay over my head as long as they have--find whatever ways to delay. Moreover, I would like to tell you what Mr. Domicello told me on the phone.\par \pard \sl0 \tab \tab \tab THE COURT: No. No. \tab \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. DOMICELLO: Objection, \tab Your Honor. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: No, I'm not \tab getting into that, Mr. Coutsoukis. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Then I would \tab like to submit some evidence--\par \pard \sl0 \tab \tab \tab THE COURT: No. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: --to the \tab fact that this is a delaying tactic and it has absolutely nothing to do with me or allegations or with an Order of Protection. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: The Court will \tab overrule your objection, the matter will be continued. A temporary Order of Protection will be extended until the next date--\par \pard \sl0 \tab \tab \tab MR. COUTSOUKIS: Okay, now-- \par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: --and that way \tab both sides will get a copy--\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: --do I have \tab a chance to cross-examine the witness?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: When she's \tab through with her direct. Wait outside, please. You'll get a date from the clerk. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: I have a \tab witness--\par \pard \sl0 \tab \tab \tab THE COURT: That is it. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: --who came \tab in here with documents.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: That is it, Mr. \tab Coutsoukis. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab COURT OFFICER: Sir, I'm \tab sorry, that's it. \par \pard \sl0 \tab \tab \tab MR. COUTSOUKIS: Okay. \par \pard \fi-1728\li1728\sl0 \tab \tab \tab COURT OFFICER: All parties \tab step outside.\par \pard \fi-1728\li1728\sl0 \tab \tab \tab MR. COUTSOUKIS: Is there an \tab expedient way to get a transcript? Every time I ask it takes weeks and weeks even though the Court thinks we can get one overnight. How do I do that?\par \pard \fi-1728\li1728\sl0 \tab \tab \tab THE COURT: Speak to the \tab clerk.\par \pard \qc\sl0 (End of Proceedings)\par \pard \qc\sl0 * * *\par \pard \sl0 \par \par \par \par \par \par \par \par \par \par \par \par \par \tab STATE OF NEW YORK )\par \tab COUNTY OF ROCKLAND) ss:\par \par \pard \fi-1728\li1728\sl0 \tab \tab \tab I, Jeanette Carelli, certify \tab that the foregoing transcript of the proceedings in the Family Court of Samora vs. Coutsoukis, Docket No. 0-972-98, was prepared to the best of my ability, using four-track electronic transcription equipment, and is a true and accurate record of the proceedings.\par \pard \sl0 \par \tab \tab \tab _______________________\par \tab \tab \tab Jeanette Carelli \par \tab \tab \tab Sandy Saunders Reporting \par \tab \tab \tab 2 New Hempstead Road \par \tab \tab \tab New City, New York 10956 \par \par \tab Dated: December 9, 1998 \par \par \par \par \par \par }