Wednesday, September 29, 2004

Stewart, Mom and I left my house at 5:30AM and headed to Hamilton for the CPO (civil protection order) hearing. The hearing was scheduled for 8:45AM but Bruce told Stewart to arrive early so we could prepare a little. Stewart got his wires crossed. We arrived at the courthouse at 8:00AM, but were supposed to go to Bruce’s office. Bruce showed up at about 8:25AM. I briefed him on the tape of telephone messages from Carmen. He got a tape player from the court reporters. They didn’t all go in until almost 9:00AM. I was called in at about 9:15AM for my testimony. Here’s how it went:

The judge asked me to raise my right hand and swear to tell the truth. Bruce asked me to state my name and address. He then asked me how I knew Stewart and how I knew Carmen. He asked if I had an answering machine at my home. I answered yes and also voicemail on my cell phone. He then asked if I recognized the tape. I explained that I brought it with me. He asked what was on it. I explained that there were 4 messages from Carmen to me. One from August 16 explained why Carrie wouldn’t be able to come down on August 20. The other three were on August 23, the day she alleges that Stewart threatened her. Her lawyer objected on the grounds of hearsay. Bruce explained that isn’t hearsay if the party testifying owns the tape and the party on the tape is a respondent in court. Objection overruled. We listened to the tape. Then Bruce asked how often I talk to Carmen. I said that she calls me 4 or 5 times a week sometimes, but I hadn’t spoken to her since August 21. Ten he asked if she had ever discussed her mental illness with me. I answered that she had in fact told me and my two friends at a family reunion that she was bipolar – the first time any of us had met her. Then she told me that she was going off her meds when she found out she was pregnant. On cross-examination, her attorney asked, “Wouldn’t you agree that the first message on the tape was merely informing you of the child’s medical condition?” I said that I would agree that the message was informing me of how a medical appointment would prevent a weekend visit. His next question, “Wouldn’t you agree that you are Carmen’s primary contact for you and your brother’s family?” I said I would agree that Carmen chooses to call me rather than call anyone else in the family. No further questions. I was dismissed.

Ten minutes later everyone came out of the courtroom. The CPO had been dismissed. According to Stewart and Bruce, the judge had told Carmen that the court order for visitation wasn’t up for interpretation. She was to begin allowing visitation as soon as Friday.

Before we could leave, Bruce and Carmen’s attorney discussed a few matters. According to Bruce, Carmen wants to go back to court to have the custody arrangement changed to restrict Stewart’s visitation even further. Bruce encouraged her lawyer to call Eddi R at Cincinnati Children’s before proceeding with the matter. He told her attorney about the MBP suspicions.

Carmen gave us a letter (via Bruce) from Dr. K in which Dr. K states that Carrie is being evaluated for “stiffening, breath-holding spells” that may include seizures. All tests have been negative so far. However, Dr. K isn’t comfortable with Carrie being in “remote areas of the country” or very far away from a children’s hospital. Bruce instructed us to contact Eddi and Dr. K. in order to find out what exactly the letter means. He said, “Read between the lines.” Perhaps Dr. K. is continuing to see Carrie and wrote the letter to placate Carmen.

Tuesday, September 28, 2004

Tomorrow is Stewart's hearing in Ohio at 8:30 AM. He's going to spend the night with me so we can leave early. I think we should leave as close to 5:30 AM as possible. Stewart said the sheriff served him with new papers. The new papers stated that Carmen had not retained counsel. Hopefully this will give us a leg up on her. If Stewart can beat the TRO, then I will suggest that he file contempt motion ASAP. This nightmare has to stop! I have been having actual nightmares about it since the night Stewart was initially served. Sometimes I grieve as if Carrie were dead. Sometimes I dream that years have passed and she comes to visit us.

Friday, September 24, 2004

Dr. P

Dr. P called me today from 513-420-8680 at 11:45AM.

Below is a transcript of his message.

"This is Dr. P.  I was just calling to let you know that Carrie's x-ray did show that she has gastro esophogeal reflux, so she's on treatment for that.  If you have any questions give me a call at 513-424-1856"

I called him back to thank him for calling me and asked if he had time to answer a few questions.  He said that she will remain on Zantac (prescribed initially by Dr. K.) with an increase in dose.  Her milk will be thickened a bit with rice cereal to increase the chances of keeping it down.  I can't remember verbatim what I said but below is a list of
questions and his answers.

1.  Did he or someone from his staff recommend rectal stimulation to relieve Carrie's constipation?  He said that slight stimulation with a rectal thermometer has been known to help the rectum relax and allow waste to pass through more easily.  He didn't confirm
that he recommended it to Carmen.

2.  Has Carrie been coming to his office every other week for weigh-ins?  Is she losing 1/2 pound each week?  He confirmed that Carrie has been coming in frequently and that she is gaining weight appropriately for her age.

3.  What does he know about Dr. K's "diagnosis by definition" of Cerebral Palsy?  He said
that he remembered discussing it one time briefly with Dr. K.  He said his best guess for Dr. K's concern was Carrie's lack of trunk control.

4.  Did he tell Carmen that Carrie would definitely have to have leg braces in the near future? No.  He indicated that he has never said anything about leg braces.

5.  Carmen said that Carrie's reflux was the most severe kind.  Stomach contents and acid travel all the way up.  How severe is her reflux?  The x-ray only shows that reflux is present.  He doesn't have any way to determine how severe it is.  Only Carrie could say how severe and she can't talk.

6.  Would reflux cause her "stiffening spells"?  The reaction to the pain could indeed cause her to stiffen.

7.  Does Carrie's reflux prevent her from riding in a car long enough to visit her father in KY?  No.

I expressed my continuing concern of MBPS.  I indicated that I don't suspect that Carmen is intentionally harming Carrie.  My concern is on the lighter side which includes Carmen exaggerating about Carrie's existing medical problems in order to exert control or garner attention.  I stressed that I wouldn't ask him any questions that would put him in a difficult position.  I requested that he be keenly alert to the situation and report anything he considered to be alarming to the appropriate officials.

My final request of him was whether or not he would provide documentation or testimony, if necessary, for the courts when Stewart takes Carmen to court for violating his right to visitation.  He said something like this, "I guess I can say that Carrie is definitely gaining weight appropriately for her age and that as far as I know she won't need leg braces or that I've never said such.  I can also say that reflux is not a reason to keep her from traveling to KY for family visits."

Tuesday, September 14, 2004

Stewart is going to court on September 29 to fight the TRO. His attorney wants me to testify and bring my tape of Carmen's voice mail messages. Just thinking about it makes me anxious. I actually get hot and dizzy. The last time Stewart and I saw Carrie was August 10 at her neurology appointment. I never dreamed in my worst nightmare that our lives would be impacted by someone like Carmen. To say she's crazy would be an understatement.

Tuesday, September 07, 2004

Bruce got the hearing postponed until Sept. 29.

Wednesday, September 01, 2004

Dr. P called today at 11:45AM. Below is a transcript of his message.

This is Dr. P. I was just calling to let you know that Carrie's x-ray did show that she has gastro esophageal reflux, so she's on treatment for that. If you have any questions give me a call.
I returned his call to thank him for calling me and asked if he had time to answer a few questions. Dr. P said that Carrie will remain on Zantac (prescribed initially by Dr. K.) with an increase in dose. Her milk will be thickened a bit with rice cereal to increase the chances of keeping it down. I can't remember verbatim what was said but below is a list of questions and his answers.
  1. Did he or someone from his staff recommend rectal stimulation to relieve Carrie’s constipation? He said that slight stimulation with a rectal thermometer has been known to help the rectum relax and allow waste to pass through more easily. He didn't confirm that he recommended it to Carmen.
  2. Has Carrie been coming to his office every other week for weigh-ins? Is she losing 1/2 pound each week? He confirmed that Carrie has been coming in frequently and that she is gaining weight appropriately for her age.
  3. What does he know about Dr. K's "diagnosis by definition" of Cerebral Palsy? He said that he remembered discussing it one time briefly with Dr. K. He said his best guess for Dr. K's concern was Carrie's lack of trunk control.
  4. Did he tell Carmen that Carrie would definitely have to have leg braces in the near future? No. He indicated that he has never said anything about leg braces.
  5. Carmen said that Carrie’s reflux was the most severe kind. Stomach contents and acid travel all the way up. How severe is her reflux? The X-ray only shows that reflux is present. He doesn't have any way to determine how severe it is. Only Carrie could say how severe and she can't talk.
  6. Would reflux cause her "stiffening spells"? The reaction to the pain could indeed cause her to stiffen.
  7. Does Carrie's reflux prevent her from riding in a car long enough to visit her father in KY? No.
I expressed my continuing concern of Munchausen by proxy disorder. I indicated that I don't suspect that Carmen is intentionally harming Carrie. My concern is on the lighter side which includes Carmen exaggerating about Carrie's existing medical problems in order to exert control or garner attention. I stressed that I wouldn't ask him any questions that would put him in a difficult position. I requested that he be keenly alert to the situation and report anything he considered to be alarming to the appropriate officials.

My final request of him was whether or not he would provide documentation or testimony, if necessary, for the courts when Stewart takes Carmen to court for violating his right to visitation. He said something like this, "I guess I can say that Carrie is definitely gaining weight appropriately for her age and that as far as I know she won't need leg braces or that I've never said such. I can also say that reflux is not a reason to keep her from traveling to KY for family visits."