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11 January 1998

Dear Justice Bersani:

I write this last letter to call clear attention to the most troubling item of all.

".. there continues to be an undercurrent of suspicion and disapproval between the parties, and especially on the part of the Respondent, that has and will continue to impact negatively on this child. Respondent continues to pursue his appeals over issues resolved in the divorce litigation. While it is his right, it has causes enormous legal expense to the Petitioner, and the energies put forth by Respondent in past litigations, especially the aftermath of the Divorce, could have been spent more productively.", p. 3

Domenic and I have a great love for each other. Throughout this whole proceeding I had one non-negotiable item. I wanted to be participate equally in our child's life. Of all the duties and responsibilities I have in life: I feel I am not alone as a parent in finding the personal care of my child to be primary. I have no illusions regarding what happened here. The needless pain Dom has been forced to endure. Were it not for my own eyes seeing this, I would not believe it possible for our system of justice to act this way. How is what happened here in Domenic's best interest?

Our system gives me the "right" to appeal. As someone who feels decisions have been unjust - I have sought for justice (and will continue to seek justice), through peaceful means. To find myself chided by a Judge (and others practitioners in the system) for this, leaves me in wonder. It helps me understand how so many other parents have been stripped of a relationship with their children - and then forced to accept it as "the way it is." In some ways it seems to be a system more concerned with maintaining conformance and smooth processing, than with justice.

My experience in the military has given me a strong sense of duty, both to family and community. I am motivated to try and change the system; guided by the principals of honor, duty, faith, and love. To "accept" what has happened would be to affirm a grievous error - it would be a failure of duty on my part, and make even more pointless the many tears little Dom has shed.

I did get the recent letter from Mr. Lupia clarifying what happened at daycare. I appreciate the quick response. His other remarks and conclusions will also be kept in mind as I decide how to proceed. Judge, I hope you will also reflect on this, and with your great experience, work to make the system better.

Best regards,

John Murtari
CC: Ms. Maureen Walsh, Esq.

CC: Mr. Joseph Lupia, Jr. Esq.

CC: Mr. James Stern, Esq.