14. The most obvious symptoms of Theodora's neurological decline are the severe seizures that she experienced following our separation.

15. Prior to our arrival in New York, the last time that a severe seizure was noted in Theodora's medical records was on July 21, 1995 {Exhibits 302 and 303}, which was followed by the taking of anticonvulsant medication, prescribed by Dr. Helen Skouteli. Up until our arrival to New York, Theodora was never admitted to a hospital.

16. Subsequent to our separation, the Respondent reported to a pediatric neurologist that Teddy was experiencing "100 drops per day", indicating an extreme number of "atomic" seizures {Exhibit 304}.

17. This, according to Dr. DeVivo, prompted a hospitalization, at Columbia Presbyterian Medical Center in Manhattan, for observation and for instituting the ketogenic diet.

18. Additionally, Theodora started experiencing severe seizures, characterized by loss of consciousness, tremors, vomiting and dehydration. While Respondent was not obliged (or inclined) to report seizures to me, she mentioned seizures that took place on the day prior to delivering Theodora or after picking her up from her weekends with me.

19. Theodora was admitted to Westchester County Medical Center on November 14th, 199797 {Exhibit 305} and then again on 12/16/97, both times on an emergency basis, for having severe seizures {Exhibit 306}. Respondent noted that to take Teddy to the emergency room she must be unconscious for "more than 15 minutes" {Exhibit 307}, a very long, very dangerous time interval.

20. It is logical to assume that, in addition to those reported by Respondent, Theodora had other, severe seizures of lesser duration, which did not prompt hospitalization. Seizures of such long duration can cause serious brain damage (and apparently in Theodora's case they did, see below) , damage to other organs, including the heart, and death.

21 The Respondent not only did not exercise prudence in protecting Theodora from exposure to triggers of such seizures, but also consciously exposed her to conditions that likely caused them. Moreover, given the Respondent 's history of concealment and deceit regarding Theodora's medical condition, it is likely that there were other, unreported severe seizures that went unobserved by third parties and, therefore, did not compel her mother to report them.

22. It is worth noting that, although Teddy had been experiencing "atomic" seizures, invisible to an observer but evident in the EEG and manifested in momentarily falling when distracted, she had no known serious seizures from June 1995, when treatment by Dr. Skouteli started, until our separation.

23. A "Regression Statement", dated 2/8/98 from the Ossining "school" notes that, due to illness and seizures, Teddy has regressed in language, motor skills, self help, etc. {Exhibit 501A}

24. For the first time ever, Theodora's brain was observed to have declined, showing observable defects not previously there, including possibly significant "incomplete myelination", possible "bilateral frontal pachygyria" and "possibly degenerative" "cerebellar and possible pontine atrophy" {Exhibit 308}.

25. I would like to point out that the correlation between emotional abuse of children and such neurological damage has long been established in the scientific literature and that this correlation has recently filtered down to the popular media. {Exhibit 314} is a transcript from ABC Evening News or August 18, 1997, recounting a Harvard University MRI study of the brains of those who had been subjected as children to severe psychological abuse.

26. For the first time, in February 1998, a neurological diagnosis of a disease other than seizure disorder was made, for "cerebral palsy" {The Children's School for Early Development "Physical Therapy Summary Progress Report", dated 2/5/98, Exhibit 611}.

27. Other neurological symptoms have included excessive drooling, usually a consequence of a central nervous system problem, and peculiar ticks, such as pushing out the lower lip and overbiting the lower lip.

28. The most prominent effect of the loss of muscle mass and low energy from a diet that is severely deficient in carbohydrates has been Teddy's tendency to want to lie down or sit all the time.

29. This formerly boisterous child who enjoyed nothing more than to run around, now avoids standing at every opportunity.

30. Teddy could hold a key properly, rotate it to the proper orientation and fully insert it into the key hole. Also, she was very proficient in opening doors by rotating the handle. Teddy has now lost these abilities.

31. Teddy, who was very proficient in solving shape puzzles is now "inconsistent" in her ability to complete puzzles {Exhibit 406}

32. During Theodora's eye exam in Portland in May 1996, accompanied by her mother, great progress was noted in her right eye. The recovery of her vision was pronounced "remarkable" on my subsequent visit with her there in January 1997.

33. Theodora's eyesight declined after our separation, in both eyes, with a diagnosis of "Excess hyperopia, bilateral" on 8/6/97 at Blythedale Children's Hospital and "Visual Perception deficits" by the school and the "school" also notes that "she has trouble finding objects unless they are in front of her", her color identification is "inconsistent" and that "visual tracking and focusing are severely impaired" {see also Exhibit 408}.

24. I have not yet received records from the ophthalmologist to whom Respondent took Teddy, in spite of my repeated requests and an court order requiring the Respondent to produce them, but Respondent has already fitted Teddy with eye glasses.

35. Following transfer of custody of Teddy to Respondent, her body took a serious toll from the abrupt switch from world class, varied cuisine to a terribly restrictive diet that is neither nutritious nor to her liking and admittedly toxic, which has a range of known serious side effects, ranging from constipation to kidney stones.

36. Her intake went from large quantities of fresh food (she had an incredibly hearty appetite) to laxatives, artificial sweeteners, nitrates (correlated to leukemia in children), carbonated drinks, hot dogs and a nauseating compendium of foods that caused frequent vomiting. She lost weight and muscle mass and then started gaining fat weight.

37. Teddy's body mass switched from a lean, muscle centered shape to a fat person's shape. Prominent muscles, like gluteus were replaced by fat around the belly and thighs.

38. Teddy only experienced constipation once before, when Respondent obtained a restraining order in Oregon, evicted me and threw Teddy into a terribly inadequate day care center. When I told Respondent that Lorri Kerr said that Teddy did not have a bowel movement for 4 days, Respondent replied that it was not constipation, but that she had not eaten.

39. Teddy's constipation persists to this day.

40. Teddy's major seizures, which took place under Respondent 's care, were characterized by repetitive vomiting. As a consequence, the hospital staff withheld food from her and limited her to intravenous feeding, further contributing to muscle loss.

41. As an initial reaction to the ketogenic diet, Teddy exhibited serious anorexia for several weeks afterwards, a known consequence of starvation diets, with further loss of muscle.

1e. DERMATOLOGY

42. The most prominent manifestation upon discharge from Columbia Presbyterian Hospital, in the summer of 1997, where the ketogenic diet commenced, was flaky skin on Teddy's face.

43. Teddy also developed an eczema like skin condition under her chin, which, in my opinion, was caused by dripping saliva (see 19 above) which is full of ketones, that burn her skin. To reduce and remove this condition, her care takers needed to just diligently wipe with a wet cloth then dry that area and apply a common moisturizer and this was not being done. During her two 2-week vacation stints with me, I took care of it and it disappeared.

44. Quite often Teddy was delivered with a diaper-like rash on her back side. Teddy no longer reliably asks for potty and often urinates in her clothes.

45. More often than not, she is still delivered to me on Fridays with terrible bruises, especially on her knees, indicating frequent, violent falls, but also on her head, calves and other areas. For a long time after enrolling in "school" Teddy would invariably arrive with black and blue marks on her wrists.

46. In May 1996 (when Theodora was 2.5 years old) Respondent took Theodora to Portland and she was examined by a number of specialists at Oregon Health Sciences University. Respondent reported by fax to me that both "Dr. Neil Buist [Director of the Metabolic Clinic] and Dr. MacGinnis [Pediatric Neurologist] felt that Teddy's understanding and abilities are, if not equal to a 2.5 year old - they surpass most" {Exhibit 401}.

47. In a report dated November 5, 1997, issued by the Ossining Public School District, dated May 8th, 1998, entitled "Levels of Development Achievement and Learning Rate", it is noted that Theodora's current "learning rate" is "age equivalent 29 mo. (chronological age 44 months)"{Exhibit 701A}.

48. According to the IFSP (evaluation meeting) on 11/21/96 Teddy "knows how to count to 7" {Exhibit 403} (in reality she could count to 11, but the CDC people were not aware of it).

49. However, the "ANNUAL GOALS AND OBJECTIVES" report, dated November 1997, by the Ossining School District, New York {Exhibit 713}, notes in the "COGNITIVE SKILLS" section that "Theodora will count by rote to 3 with 80% success, as evaluated through teacher observation and evaluated by June 15 [1998]".

50. Theodora could perfectly well understand complex verbal requests at an early age. For example, at the age of 2, I asked her to go through the ITA facilities on Cardley Ave. in Medford, go to baba's office, look on his desk for baba's keys and pass them to him under the door, which she did flawlessly.

51. It is now reported by the "school" that Teddy has "become more easily distracted and has increasing difficulty completing an activity" {Exhibit 404}.

52. The Nov. 1997 "ANNUAL GOALS AND OBJECTIVES" states that "Theodora will attend to auditory stimuli and respond with an appropriate gesture to a simple verbal request with 80% success, as evaluated through teacher observation and evaluated by June 15 [1998]". This is a very serious regression for a child that progressed steadily until our forced separation in New York.

53. When Petitioner took Theodora to Portland in May 1996, she was also examined by Dr. Laurrie Christensen, pediatric ophthalmologist. Of particular concern was the progress in eyesight of her right eye, the "lazy eye" and , upon her return, I complained to Petitioner about the fact that Teddy was not examined using the HOTV test (whereby letters are projected and the patient reads them, thus determining visual acuity) and that the staff there had assumed that Teddy could not read while Petitioner failed to tell them.

54. Subsequently, on January 6, 1997, I took Teddy back for a progress exam and the HOTV test was used, successfully, at my request, determining Teddy's eyesight with greater precision. This is concrete evidence of Theodora's early ability to recognize letters.

55. Teddy used to recognize the entire alphabet (capital letters) {Exhibit 403} and even recite the letters in order, able to call the next letter 90% of the time, since the age of 2, in which her mother took great delight. Following our separation she can recognize less than a handfull of letters only some of the time.

56. In the most recent report from her "school", it is noted, under "Cognitive Development", that Teddy "presently seems rather inconsistent in her ability to attend and perform the familiar tasks she previously could complete." {Exhibit 406}

57. The school reports "frequent absences" {Exhibit 301} and "regression".

3. SPEECH

58. Teddy, whose complement of words, sounds and sign language had allowed her to communicate quite well with me, her mother, baby sitters and teachers, is no longer able to communicate to a meaningful extent.

59. Having given up on trying to express her needs and desires to those unfamiliar with sign language and her words and gestures, she is no longer "requesting to use the potty" {Exhibit 406} or that she is hungry, for example, requiring vigilance on the part of others, to avoid wetting her clothes and to eat.

60. Her care takers have noted that she "is not as verbal as previously noted".

61. Dr. David Oas's letter is attempting to describe psychological factors that would have led to the decline of Teddy's health {Exhibit 317}.

62. Teddy's "school" reports invariably refer to "limit setting". My observation on my visit there in the fall of 1997 was that Teddy would not be able to sit still (her condition demands that she stand as much as possible, not sit all the time) and each and every time she would get up, the care takers there would grab her by her wrist and put her back. Subsequently, on numerous occasions, I would note black and blue marks on her wrists when delivered to me for the weekend. They were also noted on her chart, upon admission to Westchester County Medical Center.

63. Teddy never before required discipline, because she was respected and she respected me and her care takers in return.

64. Her "socialization" was noted as "the area of greatest regression" in her progress report dated February 9th, 1998 {Exhibit 406}

65. Teddy is now in constant need of validation and affection. Until recently she would no longer venture into exploration, climbing the bench at the mall, for example, and avoided the things that gave her the greatest pleasure and sense of accomplishment, like riding on the escalator or going up steps unassisted (no longer able to do that one) and it took great effort and encouragement on my part on our weekends together to re-instill some of her former confidence.

66. She now constantly wants to be hugged and picked up. She is also more aware than ever of her disabilities and, unlike her former constant efforts to overcome and her triumph in accomplishment, she shies away from effort and from people.

67. The "school" notes that "emotionally and socially" Teddy "needs more protection from life than other children". Our separation caused the loss of such protection and Teddy was devastated.

5. GENERAL HEALTH & BEHAVIOR

68. Teddy's life during our separation has been characterized by frequent illness, shown in excessive absences from "school", extreme stress, major seizures, serious regression in all her abilities, mood changes, depression, insecurity, frequent injuries, rapid weight changes and general malaise.

69. While Teddy used to kiss, now she bites (biting first reported by her mother after my separation from Teddy) and aggressive behavior is noted in her "school" Social History notes.

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PHOTIUS COUTSOUKIS