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.

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