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7/29/2019 Liberti v. Liberti Transcript of 2/22/2011 Hearing
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NO: FA09-4037658 : SUPERIOR COURT
SUNNY LIBERTI : JUDICIALDISTRICT
OF MIDDLESEX
v. : AT MIDDLETOWN, CONNECTICUT
ROBERT LIBERTI : FEBRUARY 22, 2011
BEFORE THE HONORABLE LYNDA B. MUNRO, JUDGE
A P P E A R A N C E S :
Representing the Plaintiff:
ATTORNEY JAMES M. SMITHATTORNEY KRISTINA BORDIERI1331 Main StreetSpringfield, MA 01103
Representing the Defendant:
ATTORNEY NOAH EISENHANDLER, ESQ.1164 Townsend AvenueNew Haven, CT 60512
Guardian Ad Litem:
ATTORNEY MAUREEN MURPHY
234 Church StreetNew Haven, CT 06510
Recorded and Transcribed by:
Nancy Gill-ReaCourt Recording Monitor
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One Court StreetMiddletown, CT 06457
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THE COURT: Court Reporter, were on the record
briefly on a case, docket number FA09-4037658, its
a regional case out of New Haven, Sunny Liberti,
L-i-b-e-r-t-i vs. Robert Liberti.
Counsel, state your names for the record, please
and who you are in the case.
ATTY. BORDIERI: Kristina Bordieri, here on
behalf of the plaintiff.
ATTY. SMITH: James M. Smith of Springfield, Im
pro hac vice before the Court on behalf of the
plaintiff.
THE COURT: And youre licensed in Connecticut,
right?
ATTY. BORDIERI: Im licensed.
THE COURT: Youre the sponsoring attorney?
ATTY. BORDIERI: I am.
ATTY. SMITH: Shes the sponsoring attorney and
Im --
THE COURT: Okay, I just want to make sure I
knew who was who, thank you.
ATTY. EISENHANDLER: Attorney Noah Eisenhandler
representing Robert Liberti whos present, Your
Honor.
ATTY. MURPHY: Your Honor, Maureen Murphy,
Guardian Ad Litem for Max Liberti.
THE COURT: All right. Im not going to ask for
any responses. You all -- counsel were entirely
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appropriate to notify each other obviously that this
was pending and are here with the parties.
What I have in front of me is something
entitled, Emergency Motion For Immediate Suspension
of Plaintiffs Supervised Visitation, with an
attached affidavit in plaintiffs opposition to
defendants application to suspend plaintiffs
contact with the minor child.
Its not my goal in life to try form over
substance. But it appears, Mr. Eisenhandler, that
your motion was not intended to be ex parte. This is
a question, because you notified counsel?
ATTY. EISENHANDLER: I would have notified
counsel no matter what, Your Honor. No, I contacted
counsel after this incident occurred, and indicated I
was going to be filing an emergency motion, and I was
going to present it to the Court this morning and
give them an opportunity to respond and to show up.
It wasnt intended to be an ex parte order.
Though I expect the Court would have taken it on the
papers if the Court was so inclined.
THE COURT: Well actually, not in accordance
with the law once you didnt make it ex parte, I
cant.
ATTY. EISENHANDLER: Thats fine.
THE COURT: Because the Practice Book says all
custodial -- no, all matters in family Court are
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arguable, although were working on changing that on
discovery at least.
There are a couple of practice realities. Im
about to start a trial that is every bit as troubling
as yours that I was in the middle of before God
granted me a vacation, and the trial starts in about
one minute.
And I dont have time for a full hearing. So
thats problematic. And Judge Gordon is away, and
Judge Calmar is away, who is our go-to third Judge
here. And the other Judge with familiarity of family
matters is covering Judge Calmars docket right now
upstairs.
So we have a problem here. So I at least wanted
to come out and explain to you that we have a
problem.
I do want to ask a couple of questions that were
not covered in the motion and the affidavit so that I
can help myself decide what I want to do.
Who is the supervisor?
ATTY. EISENHANDLER: Nick Sarno, Your Honor,
Nick Sarnos company, he has a couple people that
work for him when he supervises parenting time.
THE COURT: Yes, I know who Mr. Sarnos company
is.
ATTY. MURPHY: I do believe, Your Honor, that
Mr. Sarno is under subpoena and is going to be here
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at ten oclock.
THE COURT: And was the supervisor charged with
any specific responsibilities or limitations in the
supervisors duties other than supervise?
ATTY. SMITH: No, theres no order to that
effect.
ATTY. EISENHANDLER: I would agree, Your Honor.
THE COURT: Okay. And the order of Judge Gordon
granting sole custody to the defendant until the
hearing, did it have any further language in regard
to it other than describing the plaintiffs access?
In other words, did it say, the plaintiff may do
this, the defendant may do this, the defendant may
not do that?
ATTY. SMITH: Not to my knowledge.
THE COURT: So it was sole custody?
ATTY. EISENHANDLER: The order of November 9th
said sole custody, supervised visitation. But my
recollection was that the transcript indicated that
this childs been put through quite a bit of --
THE COURT: No, no, I didnt ask you to argue.
Were working real hard on this, okay, Mr.
Eisenhandler?
ATTY. EISENHANDLER: The order, Your Honor, the
orders the order. The order says supervised
visitation, sole custody to my client with some
scheduling time, things like that.
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THE COURT: All right.
ATTY. EISENHANDLER: And not to speak about
custody and litigation.
THE COURT: All right. Now, Attorney Murphy,
youre the GAL, is that right?
ATTY. MURPHY: Yes, Your Honor.
THE COURT: Okay. And your ward is how old?
ATTY. MURPHY: He is seven years old, Your
Honor.
THE COURT: I see that. If I were to have a
hearing, is it a matter for which you would want to
be heard?
ATTY. MURPHY: Yes, Your Honor. And I have
additional concerns that have been conveyed to me by
the childs individual therapist, Dr. John Collins.
THE COURT: Dr. Collins is the therapist.
ATTY. MURPHY: Hes the childs therapist.
THE COURT: Who is the evaluator?
ATTY. MURPHY: The evaluator was Dr. Adamakos,
Your Honor. I have a letter from Dr. Collins who is
out of state. I have been in --
THE COURT: This is vacation week in Connecticut
apparently.
ATTY. MURPHY: Yes it is. And he has -- I have
been in significant conversations with Dr. Collins
over the weekend. I was actually on vacation when
this incident occurred, but I nonetheless spoke to
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Dr. Collins at that time, and Nick Sarno.
THE COURT: Okay.
ATTY. MURPHY: I have a letter from Dr. Collins
that both counsel have agreed that the Court may
review. And the -- and Dr. Collins is making some
recommendations, Your Honor.
THE COURT: Is the agreement that I may review
it regardless of whether I hold a hearing?
ATTY. EISENHANDLER: Yes.
ATTY. SMITH: Yes, Judge.
THE COURT: All right, pass it up. Thank you.
Before I read it, is there -- well mark it in a
second, is there a question of privilege that I
should be looking at before I read this?
ATTY. EISENHANDLER: No, Your Honor.
ATTY. SMITH: No, Judge.
ATTY. MURPHY: Your Honor, it had originally
been my intention to assert the privilege because I
felt that Dr. Collins relationship with this child
was absolutely essential that it be preserved.
But in light of the events that have occurred, I
no longer feel that it is in the best interest of the
child that I assert that privilege.
THE COURT: All right. Im not as fast a reader
as you might think, so take a seat and settle in.
Mr. Mickelson, feel free to stay with us. If
they ask you, tell them Im about five more minutes.
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Thank you. They look like they want to know, thats
why Im saying it, thank you. (The Court referring to
the next case coming into Court.)
(Court takes time to review letter.)
Mr. Sarno.
MR. SARNO: Yes, Maam.
THE COURT: Your timing is perfect.
MR. SARNO: Im sorry, we hit traffic coming up,
Your Honor.
THE COURT: No, thats okay, thats all right.
MR. SARNO: Thank you, Maam.
THE COURT: Do the parties take a position on
Dr. Collins wish for an evaluation by Dr. Robson?
ATTY. EISENHANDLER: Were somewhat concerned
about the potential delay of three months, Your
Honor.
THE COURT: Of what? You dropped your voice at
the end, Im sorry.
ATTY. EISENHANDLER: Of -- Im sorry. Were
somewhat concerned that mothers (indecipherable
word) will take approximately twelve weeks for this
full evaluation to be done. However, theres
potential for a records review which would, I
understand, would be within a week and wed certainly
have no objection to that.
THE COURT: So its something between one and
twelve weeks is okay with you, but not twelve weeks?
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ATTY. EISENHANDLER: Well, were not -- were
opposed to continuing the trial. It was my
understanding that Dr. Robson can do a record review
within the week and have a report back --
THE COURT: Okay, so its because youre opposed
to continuing the trial --
ATTY. EISENHANDLER: Were --
THE COURT: -- not on general principle, I
understand.
ATTY. EISENHANDLER: On general principle, Your
Honor.
THE COURT: I understand that. The Guardian?
ATTY. MURPHY: Yes, Your Honor, I just wanted to
give some additional information about my
conversation with Dr. Robson. Which I communicated
with him over the weekend, and had a rather lengthy
discussion with him yesterday.
He has indicated to me that he would be able to
do a record review and be available to testify on the
morning of the 3rd. He might have some availability
on the 2nd, Your Honor, which I believe is the first
day of the scheduled trial.
I told him that I would be able to get him --
THE COURT: Hes out of town on the 4th, right?
ATTY. MURPHY: Im sorry?
THE COURT: I needed him for something else on
the 4th and he couldnt do it. I remember that from
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before my vacation.
ATTY. MURPHY: Hes leaving for vacation. Yeah,
hes leaving for vacation the 4th through the 11th,
Your Honor.
THE COURT: Okay.
ATTY. MURPHY: So -- but he did say to me that
if I got him all the records, which I could do -- I
could actually have everything scanned and emailed to
him today if the Court allowed, that he could do a
record review and be available to testify on the
morning of the 3rd. I believe that was the date, Your
Honor, but I could check for certain and make sure.
I could make a phone call to make sure about that.
THE COURT: And if he did a full psychiatric
evaluation of the parties and --
ATTY. MURPHY: He indicated to me he would need
twelve weeks, Your Honor.
THE COURT: So thats where the twelve weeks
comes from?
ATTY. MURPHY: Yes. I had indicated both of
those facts to counsel when I -- I received this
letter from Dr. Collins after much back and forth.
Even though hes on vacation, at the risk of
destroying his vacation, he sent this to me at 8:26
this morning, Your Honor.
THE COURT: Thats fine.
ATTY. MURPHY: So, I just wanted to indicate --
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THE COURT: Thats all right.
ATTY. MURPHY: -- that I have not had this in my
hands.
THE COURT: All right. At least no one
destroyed my vacation. I have my priorities.
Counsel, whats your position?
ATTY. SMITH: Judge, Im very concerned about
only a record review. The record is parsimonious in
this case and incomplete with respect to the
questions that are being asked by this doctor.
And thats one of the problems in this case.
So my concern is that my client has supervised
visits to begin with, and thats troubling. And she
would -- and we dont think thats an inappropriate
thing to have done, and we think its problematic to
the child.
But nevertheless --
THE COURT: But it is what it is.
ATTY. SMITH: -- it is what it is. And on the
other hand, this child is having some problems that
are reflected in this report.
THE COURT: So your client is agreeable to Dr.
Robson as a full evaluator?
ATTY. SMITH: If the Court orders it and -- she
would only want a full evaluation. That would be the
only thing that would make sense in this case.
THE COURT: All right. Mr. Eisenhandler, you
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know, Im not a psychiatrist or a psychologist, but
the more you do this work you do understand what some
of the terms are that are being thrown around.
ATTY. EISENHANDLER: All right.
THE COURT: And my understanding of a shared
delusional disorder, folie a deux, I believe its
called, Ive learned that, and munchhausen, are that
you could not rule out or rule in those kinds of
questions on a record review if youre a
psychiatrist.
I suspect he would need to interview as to the
defendant -- the plaintiff, her and the child on
those claims, on the claims of your client having a
personality disorder, that could only be dealt with
by interview.
I cant imagine any of those flags that hes
raised as to your client, the plaintiff or the child
being dealt with on a record review. I just cant
imagine it.
And knowing what the recommended course is, the
more troubling rule-outs. I cant imagine how a
judge could make those decisions.
Lets just say that one of those rule-outs
becomes what Dr. Robson says and the Court accepts
it, I just want to go down the path with you from
your clients perspective.
I believe a grossly different order would come
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out than if those were not in place. And so we would
not be serving this little boy very well if indeed
these are real concerns. And we all are aware, at
least those of us in Connecticut, that Dr. Collins is
a credible psychologist.
I cant believe he would have written the letter
he wrote unless he had the concerns he was raising in
a legitimate way, at least as to rule-outs.
Thats my concern with not giving the
continuance. I understand the pressure this places
on a child who is in an extraordinary dilemma and
your client wanting it over. But I dont know what
else to do after having read that.
ATTY. EISENHANDLER: The Courts certainly
empowered at the end of the trial after It makes Its
findings and decision to enter any appropriate orders
that could address further therapy, further
therapeutic visitation.
THE COURT: Let me give you a for instance.
Ill tell you how educated I am.
One recommendation on a shared delusional
disorder would be, I am sure, for the adult who has
the delusion to be separated from the child for a
period of time, totally, totally separated for a long
period of time, which at age seven is pretty
significant. It is a very, very difficult age to
risk something like that.
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And thats a lot different than even saying, we
should have some supervision. Its just grossly
different in terms of the psychological well-being of
the child because the attachment gets completely
disrupted by design.
What you may not be aware of --
ATTY. EISENHANDLER: I appreciate what the
Courts saying.
THE COURT: -- so Im just sort of giving you
the picture that is playing in the back of my mind --
ATTY. EISENHANDLER: I appreciate -- I
appreciate that, and the claim for relief which has
already been previously filed, so this isnt a
revelation, but our claim for relief is that there be
therapeutic visitation --
THE COURT: Wont do the bill. I would be told
by at least one mental health professional, theyll
be disagreements if we go down that road, but at
least one mental health professional would tell the
Judge pure separation, no contact for an extensive
period of time, and then other things to follow.
ATTY. EISENHANDLER: But theres no one whos
gonna testify to that in this trial. Theres no one
in this trial whos gonna say mother should have no
contact with the child.
THE COURT: Right. But the childs therapist is
saying if that is a rule-out, we need to know,
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because otherwise, we have done the child a
disservice, if its true. I dont know if its there
-- if thats the diagnosis.
But Im being told this is a potential
diagnosis. And if it is, then your claims for relief
could harm the child is what Im saying to you.
ATTY. EISENHANDLER: I understand, Your Honor.
THE COURT: Its -- the playing field has
changed potentially, and it may not have at all. But
the childs own treater is concerned.
ATTY. EISENHANDLER: I understand, Your Honor.
THE COURT: And I feel like I would be doing a
tremendous disservice to this child to ignore and on
both sides of the equation, but Im using that
because its the most explicative to your client, I
assume.
ATTY. EISENHANDLER: We still have some
concerns, Your Honor, over last weeks action.
THE COURT: Right. So Im going to do something
entirely unorthodox and you all can take exception.
Mr. Sarno?
MR. SARNO: Yes, Maam.
THE COURT: Would you mind finding your way to a
microphone, and is the woman with you the evaluator
from last week?
MR. SARNO: Shes the supervisor.
THE COURT: Supervisor, sorry about that, wrong
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word.
MR. SARNO: Yes, Your Honor.
THE COURT: Would the two of you join the
Guardian at her microphone?
MR. SARNO: Yes, Maam.
THE COURT: Im taking longer than I thought,
Mr. Mickelson, Im sorry. Maybe theyll settle. Not
so much, right?
Could you just state your names and business
address, if you would please?
MR. SARNO: Nicholas J. Sarno, 4 Daniels Farm
Road, Trumbull, Connecticut 06611.
THE COURT: Maam?
MS. CHIODO: And Im Allison C. Chiodo at 4
Daniels Farm Road, Trumbull, Connecticut 06611.
THE COURT: Okay. Youre here to help me, not
to have any concerns raised as to your work.
Mr. Sarno, you may not recall me, we all look
the same in a black robe, but you were in Stamford
when I was.
MR. SARNO: I recall you very clearly, Your
Honor.
THE COURT: Thats the right answer. Anyway,
Im going to put limits on the nature of the
plaintiffs supervised visitation, and which means
its going to impose responsibilities on the
supervisor. And I want to go over them with you on
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the record to make sure its something that your
office is and supervisors are capable of and
comfortable with doing. Fair enough?
MR. SARNO: Yes, Your Honor.
THE COURT: Okay. Right now as I understand it,
Mr. Sarno, when Ms. Kelly has contact with her child,
youre simply there to observe, is that right?
MR. SARNO: Correct.
THE COURT: Do you understand yourself to any
prophylactic responsibilities as not leave the State
of Connecticut or anything like that presently?
MR. SARNO: Correct, Your Honor.
THE COURT: Anything beyond, dont take the
child out of Connecticut?
MR. SARNO: It was -- we do three things mainly,
Your Honor, we observe, we report, we protect.
THE COURT: Okay.
MR. SARNO: The only thing that we were under
the direction from the Guardian Ad Litem was that the
child could not leave the State.
THE COURT: Okay.
MR. SARNO: And that a written report was
submitted per visitation on a weekly basis.
THE COURT: All right. Does Ms. Kelly enjoy her
visitation at any particular locations normally?
MR. SARNO: Ill leave that up to the on-site
supervisor.
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MS. CHIODO: Normally, at her home in Bethany.
You know, sometimes they will go to different stores,
but mostly at the home.
THE COURT: All right. What about restaurants?
MS. CHIODO: Different restaurants for the most
part. For the most part, food at home.
THE COURT: Okay. The home in Bethany,
restaurants, shopping?
MS. CHIODO: Yes, shopping, Target, Walmart --
THE COURT: Is that a good way to put it?
MS. CHIODO: -- those kinds of places, toy
stores.
THE COURT: And do you go in the car with them
when they travel?
MS. CHIODO: Yes, I do.
THE COURT: Who drives?
MS. CHIODO: It depends, sometimes Ms. Kelly
drives, sometimes her mother Diane drives, sometimes
Ada Shaw drives. For the most part, it is her
mother, Diane.
THE COURT: Mr. Sarno, would it violate the
regulations of your supervisor business to have the
supervisor drive?
MR. SARNO: Not at all, Your Honor.
THE COURT: Okay.
MR. SARNO: We would have to bill for that, but
not at all.
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THE COURT: Okay. Does the supervisor observe
-- or listen to conversations?
MR. SARNO: Correct, Your Honor.
THE COURT: And are they recorded in summary
fashion in notes afterwards?
MR. SARNO: Yes, and she has her notes with her.
And then a written report is sent from those notes.
THE COURT: Im thinking.
MR. SARNO: Yes, Your Honor.
THE COURT: You could see the smoke, right?
MR. SARNO: I know not to interrupt you, Your
Honor.
THE COURT: Maybe you do remember me.
MR. SARNO: Yes, I do, Your Honor.
THE COURT: If I were to empower the supervisor
only to determine whether a medical emergency
existed, is that something your office is comfortable
with?
MR. SARNO: Yes. But our procedure is that the
supervisor notifies me, Ill talk to the supervisor
in detail, Ill talk to the parent, Ill make an
assessment.
I did that once where we sent the child to the
emergency room because of abdominal pains. I was
concerned about appendicitis. I instructed my
supervisor to take the child to the emergency room.
I also called the father of the child, informed
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him what was taking place. I directed him to go up
to the emergency room because I felt that he has a
right. Also, hes the temporary custodial parent and
-- so were used to doing that, and thats our
procedure.
THE COURT: Okay. As the person whos been
supervising, is there any reason in the normal course
of Maxs enjoyment of his time with his mother that
she should be able to take the child anywhere other
than her home in Bethany, restaurants, shopping or
what I would call amusements of the nature of like
bowling or -- you understand what I mean by
amusements?
MS. CHIODO: Yes. A birthday party would come
under amusements, right?
THE COURT: We will call -- a childs birthday
party?
MS. CHIODO: Something like that.
THE COURT: Okay.
MS. CHIODO: I think that that covers almost
everything.
THE COURT: Okay. Im making notes to myself.
Mr. Sarno, Im going to walk a very fine road
here, because I dont want to give the parties an
opportunity to cross-examine you because I dont have
the time.
MR. SARNO: Yes, Maam.
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THE COURT: So is there anything that has been
reported to you by your supervisor or supervisors, if
theres been more than one, that would cause you, as
a the experienced owner of your business, to
recommend anything beyond the following as limits on
the supervision, okay? Im going to read them to you
and then you answer me, okay?
MR. SARNO: Yes, Maam.
THE COURT: Not only not leave the State;
supervisor drives; child may be taken to moms home
in Bethany; restaurants; shopping; amusements; child
birthday parties only; only the supervisor determines
if there is a medical emergency and what conduct
should follow from there; and the mother shall engage
in no conversation with the child regarding any
claimed assaultive behavior of the father.
MR. SARNO: Correct, Your Honor. The one thing
Id like to see, if possible, Id like to have on
some of the visitations, I understand the family
members, the grandmother, et cetera, Im not adverse
to them taking part. But I would also like to see
the mother, the child and the supervisor only at some
visitations.
THE COURT: Okay.
MR. SARNO: And that could be divided 50/50.
THE COURT: Yes. Am I going to hear any
strident objection to that?
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ATTY. SMITH: No.
THE COURT: Okay.
ATTY. EISENHANDLER: I think thats Ms. Kellys
choice, but --
THE COURT: The answer was no.
ATTY. EISENHANDLER: The answers no, but I do
have one objection to one of the Courts
recommendations.
THE COURT: What?
ATTY. EISENHANDLER: The driving. I prefer the
supervisor be able to dedicate all her time to
listening to whats going on between the mother and
not be distracted by driving.
THE COURT: I know how to deal with that, okay?
ATTY. MURPHY: Your Honor, if I could add one
recommendation --
THE COURT: Yes.
ATTY. MURPHY: -- that Dr. Collins and I
discussed about the supervision, and I have discussed
it with Mr. Sarno.
The child is engaging in certain behaviors that
are --
THE COURT: I read that. He wanted me to -- Im
sorry to cut you off.
ATTY. MURPHY: Thats okay.
THE COURT: He wants me to order that the
mothers visits cut short if the child hits
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themselves --
ATTY. MURPHY: Or her or another person, because
he is engaging in hitting his mother and other people
during his visits.
THE COURT: And Im concerned about it. He may
well be engaging it in his dads home too. I think
--
ATTY. MURPHY: Your Honor, we have had some
supervised visits at dads --
THE COURT: Yes.
ATTY. MURPHY: -- to give a view of that just to
see the difference in his behaviors. And the -- we
had, I believe there was one last week that I have
not seen the notes for. There have been three all
together to observe the childs behavior at dads
house.
And one other thing, Your Honor, just before I
leave that, is that Dr. Collins is willing to do some
therapeutic visits on a weekly basis.
THE COURT: Okay. All right, these are going to
be the rules. And the Court is modifying the order
of supervised visitation to be the following:
Said supervision shall be as follows:
Ms. Kellys visitation time with Max shall be
subject to the following:
The supervisor shall drive the car and the child
shall not be on the same seat as the mother. So the
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mother is either in the front and the child in the
back, or the child in the front and the mother in the
back.
The visits may take place at her home in
Bethany, at restaurants, shopping, at amusements and
childrens birthday parties.
The mother has no authority to exercise decision
making in the event of an emergency. In the event of
a medical emergency, the supervisor shall determine,
number one, whether theres a medical emergency, and
number two, what is the proper course of conduct and
as soon as feasible, notify both the father and then
the Guardian Ad Litem of the same. Guardian comes
last, least important, no offense.
There shall be no conversation by the mother
with the child regarding any claimed assaultive
behavior of the father.
If the child hits either himself or another
person, the mother shall say the following to the
child, no hitting, it is not good for you. If its
to another person, no hitting, that is not right to
do to another person.
If the supervisor determines as a result of the
hitting that the child needs a time out, the
supervisor may impose it.
The Court will also authorize therapeutic
visitation with Dr. Collins, to the extent he is
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willing to do so, and the supervisor is willing to do
any transporting necessary. I dont know how the
timing would work, so Id leave it that way.
Mr. Sarno, also you had asked and so the Court
will also order as part of the visitation, that Ms.
Kellys time with her child shall be exclusive with
her for no less than half of her time with the child,
and it can be alternating visits or half of each
visit.
Yes?
ATTY. SMITH: Yes, excuse me, Judge. I think
its a good idea to have the therapeutic counseling,
but I would suggest that it not interfere with the
current ordered supervision time.
THE COURT: Its not in lieu of. I should have
said its not in lieu of, its in addition to, if Dr.
Collins so desires. I leave it to him because hes
treating the child.
ATTY. SMITH: Thats fine, Judge.
ATTY. EISENHANDLER: So shes getting -- so any
therapeutic --
THE COURT: I dont know if shes getting more
time, its not her, thats your clients perception.
Its whether the child should be seen by the mother
-- by his own therapist with the mother.
What Dr. Collins clearly wants to do is observe
the relationship, Mr. Eisenhandler, got it?
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ATTY. EISENHANDLER: I understand.
THE COURT: Okay?
ATTY. SMITH: Yes, Your Honor.
THE COURT: All right, the orders are so
modified.
Now, the next problem is Dr. Robson, hes not a
problem, I dont mean to put it that way.
I dont know whos going to pay for it. I dont
who has the money to pay for it. I dont have time
to do a financial hearing on that.
I intend to order it, and I dont even have
affidavits here. So what Im going to do is start
the trial Im going to start unless you all can come
up with -- and give you guys five minutes to come up
with a without prejudice order to have it sort of
reapportioned at hearing.
ATTY. EISENHANDLER: I think we could resolve
it, Your Honor. Theres money being held in escrow
and I certainly have no objection using those funds
for Dr. Robson.
ATTY. SMITH: We would concur.
THE COURT: Okay.
ATTY. EISENHANDLER: One other question, Your
Honor, one other concern I have, and I think its
going to be perfectly clear that Ms. Kelly cannot
have Dr. Newberger meet with this child at her house.
This was an issue that Judge Gordon --
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THE COURT: I didnt realize that that was even
an issue.
ATTY. EISENHANDLER: That was an issue.
THE COURT: No medical access whatsoever through
the mother. No access to anyone other than children
at parties or amusements; family, within the limits
as provided; Ms. Kelly and non-medical mental health
family friends that would normally in due course be
there.
ATTY. EISENHANDLER: Thank you, Your Honor.
ATTY. SMITH: Just for the record, we were
before Judge Gordon the other day requesting an
evaluation with the child because we understood that
mother could not do that. So mother -- and Dr.
Newberger will not, nor without Courts permission
meet. And Im a little bit concerned that that was
just raised.
THE COURT: All right, so weve done our tit for
tat on that and were good.
ATTY. SMITH: We did. Thank you.
THE COURT: Okay, I get it, all right.
ATTY. EISENHANDLER: My turn.
THE COURT: No, youre done. Okay, thank you.
The trial is continued. Ms. Franchi will pick
the dates. What I would really like -- yes, shes
our caseflow person, so youre going to stay and meet
with her.
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The evaluation is ordered with Dr. Robson.
There is no limit on his ability, in other words, Im
not giving him specific questions, as he deems
necessary.
And the parties are to make themselves and the
child available as Dr. Robson determines. Youre not
to seek continuances of any of the dates he gives
you, you have to be there when he says he wants you.
Otherwise, we wont get it done on the timeline he is
providing, Im quite sure of that.
And counsel are not to contact Dr. Robson. If
he wants to talk to you, hell call you. That rule
hasnt passed yet.
Yes?
ATTY. SMITH: Just one question. My client is
in therapy with Ms. McGuire, and I think it would be
-- we would waive the privilege for Dr. Robson to
communicate with her therapist as we think that would
be an important piece in this to render a conclusion.
THE COURT: All right. Thats noted on the
record. Dr. Robson can communicate, as he deems
necessary, with other providers.
And Attorney Murphy as the Guardian Ad Litem is
charged with the responsibility of communicating all
this to Dr. Robson and how the parties should
immediately contact him, okay?
ATTY. MURPHY: Your Honor, just one other thing
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if it could be part of the orders.
In the event that Dr. Robson determines that a
particular type of evaluation should be done and he
wants to --
THE COURT: Like a neuropsych or a
psychologically -- he may confer with such other
evaluators as are necessary.
Counsel, hes a psychiatrist, sometimes they
send people to a psychologist for certain kinds of
testing, or a neuropsychologist for certain kind.
Okay? Thank you.
ATTY. SMITH: I understand, Your Honor.
ATTY. MURPHY: Thank you.
THE COURT: So ordered.
ATTY. EISENHANDLER: Thank you, Your Honor.
THE COURT: And the money comes without
prejudice out of the escrow.
ATTY. SMITH: Thank you very much, Judge.
THE COURT: Thank you.
ATTY. MURPHY: Thank you.
MR. SARNO: Thank you, Your Honor.
THE COURT: All right, thank you, Mr. Sarno, for
finding your way. Good luck to you, all right?
ATTY. EISENHANDLER: Thank you, Your Honor.
THE COURT: Thank you. Okay, Dean and Valinho.
Im entering an order on that last case quickly.
Im sealing Dr. Collins letter under our statutory
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provisions regarding a childs treating therapist.
Thank you.
ATTY. SMITH: Thank you.
THE COURT: Would you tell Mr. Eisenhandler?
ATTY. SMITH: I will, Judge.
THE COURT: Thank you, until further order of
the Court.
(End of hearing.)
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NO: FA09-4037658 : SUPERIOR COURT
SUNNY LIBERTI : JUDICIALDISTRICT
OF MIDDLESEX
v. : AT MIDDLETOWN, CONNECTICUT
ROBERT LIBERTI : FEBRUARY 22, 2011
C E R T I F I C A T I O N
I hereby certify the foregoing 29 pages are a true and
correct transcription of the audio recording of the above-
referenced case, heard in Superior Court, Judicial District of
Middlesex, Middletown, Connecticut, before the Honorable Lynda
B. Munro, Judge, on this 22nd day of February, 2011.
Dated this 23rd day of February, 2011 in Middletown,
Connecticut.
_____________________________Nancy Gill-ReaCourt Recording Monitor
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