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Abstract of Trial
Contains a timeline of the activity
occurring associated with Trial Dates
APRIL - TRIAL PART I
MOTION, at beginning of trial:
- Request that a MISTRAIL be granted due to: (DENIED)
- Incomplete Discovery
- Denial of Jury
- Lack of Legal Counsel
OBJECTIONS
- Plaintiff Introduced Dr. Freud's Report into Evidence,
objection that she was not there to testify regarding
contents. (OVERRULED)
- Plaintiff called Dr.Heather Skinner (Psychologist) to
testify, objection that she had not been identified
during Discovery in response to a Demand for Experts.
(OVERRULED)
- Testimony of Dr. Skinner regarding conduct of Defendant,
as related to her by Plaintiff, objection that his was
hearsay. (OVERRULED)
- Plaintiff introduced a letter written by Dr. Skinner into
evidence, objection. (OVERRULED)
- Defendant attempted to introduce Deposition of Plaintiff
into evidence, objection by plaintiff. (SUSTAINED)
WITNESSES FOR PLAINTIFF
- Beth Smith (Plaintiff)
- Dr. Heather Skinner (Counselor to Beth Smith since Spring
1995)
WITNESSES FOR DEFENDANT
--- SUBPOENAED AND TESTIFIED DURING TRIAL
None of the witnesses in entire list testify to observing
an hostile or disruptive conduct between the couple. Minimal
cross examination fails to support any negative conclusions.
- Mrs. Laura Smith (Married to Cousin of Defendant, friend
of couple).
- Mrs. Beth Smith (Cousin of Defendant).
- Mrs. Beth Jones (Cousin of Defendant).
- Ms. Kate Weaver (Friend of couple).
- Ms. Nicole Brown (Broker who spent considerable time with
couple during purchases of two different homes).
Following specifically testify to Defendants general
demeanor and caring and thoughtful conduct.
- Robert Dirk (Director of Homeless shelter where defendant
volunteers for past nine years).
- Mr. Henry Fenner (Deacon at parish, counseled defendant).
- Ms. Ann Roberts (Nurse at Geriatric center where
defendant volunteered for app. 6 years.
Following specifically testify to observing a warm
relationship between between father & son.
- Mrs. Annette Lambert (Cousin of Defendant, friend of
couple).
- Mr. Alan Woods (Neighbor)
- Mr. Vincent Thomas (Worked with Defendant at his home
business).
- Ms. Cheryl Williamson (Regular baby sitter for Nick).
- Ms. Betty Walker (Director of daycare center where
Defendant is accused of "disruptive behavior"
for Nick) - oral testimony clarifies that the term
"disruption" just meant a change in
environment. That Defendant did not do anything wrong,
but the presence of another adult did change some of the
routine. She also testifies that on a day when Father had
been visiting with Nick and Mother arrived. That Nick
broke into loud crying as he had to stay with his Mother
and his Father had to leave and walk out the door.
--- SUBPOENAED AND BLOCKED BY COURT FROM TESTIFYING AT
TRIAL
- Mr. Henry Smith (Cousin of Defendant, friend of couple).
(expected to testify to witnessing no adverse conduct
between the couple)
- Rev. Robert Angel (Director of Religious House of Studies
where defendant was resident from Jan - Jul 1985).
(expected to testify to defendants ability to work
well with others in a community environment, emotional
maturity)
- Mr. Dick Facer (Student with Defendant at Religious House
of Studies).
(expected to testify to defendants ability to work
well with others in a community environment, emotional
maturity)
- Mr. Larry Ditmer (Coworker with Defendant, friend of
couple).
(expected to testify to witnessing no adverse conduct
between the couple)
- Mr. Dick Gomez (Coworker with Defendant).
(expected to testify to early conversations with
defendant in which defendant expressed concerns over
wife's affair during Summer of 1994).
OCTOBER - TRIAL PART II (October 1996)
MOTION
- Request that a MISTRAIL be granted: (DENIED)
- Time allowed to complete Discovery.
- Note of Issue filed with Court approval.
- Jury be granted.
- Plaintiff be required to pay fair share of spousal
support. (DENIED)
- Correct amount of child support be calculated and
adjusted, credit made for health insurance payments made.
(DENIED)
- Defendant granted relief from payment of Law Guardian
expenses. (DENIED)
- New Law Guardian appointed.(DENIED)
- Defendant be granted fair share of funds for both
attorney and expert fees.(DENIED)
- Similar to limits on Defendant, that Plaintiff be
prohibited from incurring further debt. (DENIED)
- Plaintiff be sanctioned by Court for perjured testimony
and documents hiding transfers of funds. (DENIED)
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