2404 Sourwood Dr.

Phoenix, NY 13135

10 February 1996

Mr. Joseph A. Lupia, Jr., Esq.

Empire Building, Suite 600

472 South Salina Street

Syracuse, NY 13202

Dear Mr. Lupia:

I want to express to you my deepest concerns over your conduct as “law guardian” for our son Domenic. Joe, when this whole process began I was not concerned; I know I am a good father and I don’t live in a vacuum. My family, friends, and other professionals know both me and my son. Back in September I knew I couldn’t afford a lawyer, but I wanted Domenic to have someone who would make sure there was a fair hearing of the facts -- and that Judge Major was presented with clear facts to base his decisions. Unfortunately, this has not happened.

I don’t know how it began, but I feel you are operating under a strong bias. I have written you letters describing my concerns (which have been confirmed in most cases) -- and the only response I got was to be criticized in your bill to me for being “expansive” in my attempts to communicate with you! Almost five months have elapsed now and you have yet to speak to anyone I recommended to you.

As I watched you in our most recent meeting with Dr. Black -- I noted with some surprise as you said nothing to the slant in the report somehow insinuating that I was attempting to reduce Adrianne’s contact with Domenic. Joe, you saw my care plan. You know that Domenic was thrown into daycare without me even being consulted. Let me bring you up to date:

In the last three weeks I had noted a change in Dom’s behavior. When I went to Adrianne’s to pick him up his enthusiasm was amazing -- he would run out the door after she opened it (I have to wait in the hall, even though she enters our home). When it was time to go home I noticed hesitation on his part when Adrianne would arrive; he wants me to dress him and carry him out to her car. I always keep an upbeat tone when “mommy is coming” -- so it was a marked change. He told me about daycare, “Daddy, Domenic no like daycare .... Daddy come.... Daddy doooooo” -- What could I say to him,I told him things would be okay (but what could I do, being with daddy was a terrible change in schedule for Domenic, or so I’ve heard).

I called Adrianne and told her I would like to go down there with her and get introduced to the staff -- she just gave me the name of the place, told me I could look up the phone number and arrange my own visit. Well, I did go down last week. When I walked in he was holding onto the hand of a worker, while the kids were in motion around him. He was surprised to see me and he really “brightened”. I got to the know the staff, they seem pretty nice, and also the children. It seems a lot are from broken homes -- one little boy saw me hugging and kissing Domenic; he came up and said, “Do you like me?”

“Sure,” I told him. “Will you give me a hug?”, and I gave him a big one. I plan on going down a couple of times a week and spend some time with all of them. Domenic is normally not that quiet, but I think he got overwhelmed. I have cousins we see every few months, and they have 3 kids. Dom sits on my lap for a little while, but then he is gone with the other kids and I have to look for him.

Joe, I feel you have forgotten the “humility” a position such as your requires. All of us are being hurt by your actions, especially Domenic. If you had based your earlier report on what you could “see with your eyes” -- we would probably be settled by now! (Adrianne has no real interest in being a full-time mommy). Domenic would be enjoying the company of both Mom and Dad now in a balanced manner. But you chose to just believe the info fed to you by Ms. Walsh.

I feel you did not comply with the guidelines set forth for a “law guardian.” That should be frightening to you -- because now you are acting as an individual. When I was in the Air Force I had to conduct investigations into misconduct -- I talked to witnesses and took sworn testimony (people’s careers could be destroyed by my findings), but I always did it “by the book.” The facts had to support my findings, and sometimes (I felt), the person “got away with it” -- but there was nothing I could or should have done! Those were the facts, these people were being investigated by the “Air Force”, not John Murtari. I am attaching a letter I was going to send you back in December, and then did not (wanted to avoid writing to much to you), maybe I should have sent it.

Mr. Lupia, I would like you to resign from your position as “law guardian” for our son Domenic. I would like it to be effective immediately so that someone else can be put in place as quickly as possible. I ask you to hold on to all papers/notes you have regarding this matter. I feel you have not acted in a professional matter in the conduct of your duties. With regards to your invoice; I will consider it after receiving a statement from you that you conducted yourself in full accordance with all applicable guidelines for a “law guardian” -- I would appreciate you sending me a copy of those guidelines.

I do not enjoy any of this; I am concerned for our Son’s future -- I will be addressing this soon with Judge Major and I am quite ready to make an appeal to ensure Domenic gets fair representation. Your willingness to just excuse yourself from this matter would be to all of ours best interest. If you like I would be happy to talk to you.

John Murtari