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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:

  1. Request that a MISTRAIL be granted due to: (DENIED)
    1. Incomplete Discovery
    2. Denial of Jury
    3. Lack of Legal Counsel

OBJECTIONS

  1. Plaintiff Introduced Dr. Freud's Report into Evidence, objection that she was not there to testify regarding contents. (OVERRULED)
  2. 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)
  3. Testimony of Dr. Skinner regarding conduct of Defendant, as related to her by Plaintiff, objection that his was hearsay. (OVERRULED)
  4. Plaintiff introduced a letter written by Dr. Skinner into evidence, objection. (OVERRULED)
  5. Defendant attempted to introduce Deposition of Plaintiff into evidence, objection by plaintiff. (SUSTAINED)

WITNESSES FOR PLAINTIFF

  1. Beth Smith (Plaintiff)
  2. 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.

  1. Mrs. Laura Smith (Married to Cousin of Defendant, friend of couple).
  2. Mrs. Beth Smith (Cousin of Defendant).
  3. Mrs. Beth Jones (Cousin of Defendant).
  4. Ms. Kate Weaver (Friend of couple).
  5. 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.
  6. Robert Dirk (Director of Homeless shelter where defendant volunteers for past nine years).
  7. Mr. Henry Fenner (Deacon at parish, counseled defendant).
  8. 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.
  9. Mrs. Annette Lambert (Cousin of Defendant, friend of couple).
  10. Mr. Alan Woods (Neighbor)
  11. Mr. Vincent Thomas (Worked with Defendant at his home business).
  12. Ms. Cheryl Williamson (Regular baby sitter for Nick).
  13. 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

  1. Mr. Henry Smith (Cousin of Defendant, friend of couple).
    (expected to testify to witnessing no adverse conduct between the couple)
  2. 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)
  3. 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)
  4. Mr. Larry Ditmer (Coworker with Defendant, friend of couple).
    (expected to testify to witnessing no adverse conduct between the couple)
  5. 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

  1. Request that a MISTRAIL be granted: (DENIED)
    1. Time allowed to complete Discovery.
    2. Note of Issue filed with Court approval.
    3. Jury be granted.
  2. Plaintiff be required to pay fair share of spousal support. (DENIED)
  3. Correct amount of child support be calculated and adjusted, credit made for health insurance payments made. (DENIED)
  4. Defendant granted relief from payment of Law Guardian expenses. (DENIED)
  5. New Law Guardian appointed.(DENIED)
  6. Defendant be granted fair share of funds for both attorney and expert fees.(DENIED)
  7. Similar to limits on Defendant, that Plaintiff be prohibited from incurring further debt. (DENIED)
  8. Plaintiff be sanctioned by Court for perjured testimony and documents hiding transfers of funds. (DENIED)

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