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01-29-2010 Transcript Hearing Dombrowski v Richardson case 96 D 217 Topeka Kansas

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01-29-2010 Transcript Hearing Dombrowski v Richardson case 96 D 217 Topeka Kansas Powered By Docstoc
					         IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS
                            DIVISION 13


IN THE MATTER OF:                    )
HALLECK RICHARDSON,                  )
                Petitioner           ) Case No. 96-D-217
                                     )
     and                             )
CLAUDINE DOMBROWSKI,                 )
                Respondent           )



                     TRANSCRIPT OF HEARING


     PROCEEDINGS had before the HONORABLE JUDGE DAVID DEBENHAM,
District Judge of Shawnee County, Kansas, in connection with the
above-captioned matter on the 29th of January, 2010.

                             APPEARANCES

     The Petitioner Mr. Halleck Richardson appeared in person
and by and through his counsel of record, Mr. Jason Hoffman,
Hoffman & Hoffman, 100 E. 9th, 3rd Floor, Topeka, Kansas 66612.


     The Respondent Ms. Claudine Dombrowski appeared in person
and by and through her counsel, Mr. Robert E. Duncan, II,
Attorney at Law, Suite 202 212 S.W. 8th Ave. Topeka, Kansas,
66603.

     The Minor Child appeared not but by and through her
Guardian Ad Litem, Ms. Jill Dykes, Attorney at Law, Suite B 1243
S.W. Topeka Blvd. Topeka, Kansas, 66612.



                             Transcribed by: Carol A. Roberts, CSR
                                                Supreme Court #1051
                                         I N D E X


                                         WITNESSES
FOR THE RESPONDENT

MS. CLAUDINE DOMBROWSKI

Direct Examination by Mr. Duncan .                . .                                    . . 12
Cross Examination by Mr. Hoffman .                . .                                    . . 21
Cross Examination by Ms. Dykes . .                .                                    . . . 37
Redirect Examination by Mr. Duncan                . . .                                    . 43



                                     E X H I B I T S


PETITIONER           DESCRIPTION                             Offered        Admitted
    2A               Blog post material                        --               --

       2B            Blog post material                         --                --




RESPONDENT                   DESCRIPTION                     Offered                   Admitted

None



CLOSING REMARKS/ARGUMENTS

By Mr. Duncan . . .                                                                     . .47

By Mr. Hoffman . . .                                                                     . 53

By Ms. Dykes . . .                                                                     . . 55

By Mr. Duncan . . .                                                                     . .58

By Mr. Hoffman . . .                                                                     . 60



Judge s Ruling/Remarks . . .                                                      . . . 61

Certificate                                                                            . . 82




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 1                   HONORABLE JUDGE DAVID DEBENHAM:                   Court will call

 2   the Case of Hal Richardson and Claudine Dombrowski, 96-D-

 3   217.       Appearances for the Court, please?

 4                   MR. JASON HOFFMAN:             Mr. Richardson appears in

 5   person and through Counsel, Jason Hoffman, Your Honor.

 6                   MR. ROBERT DUNCAN II:              Ms. Dombrowski appears in

 7   person and with her Counsel, Robert E. Duncan, II.

 8                   MS. JILL DYKES:           May it please the Court, the

 9   Minor Child appears not but by and through Guardian Ad

10   Litem Jill Dykes.

11                   HONORABLE JUDGE DAVID DEBENHAM:                   Okay.      There was

12   a previous order in this case that Ms. Dombrowski s cell

13   phone would need to be given to her Counsel during the

14   course of any hearing because of unauthorized taping of a

15   previous hearing in violation of the District Court Rules.

16           So has that -- thank you very much, Ms. Dombrowski.

17                   MR. JASON HOFFMAN:             Turn it off, please.

18                   HONORABLE JUDGE DAVID DEBENHAM:                   Today I believe

19   we have two motions.              One is the -- Ms. Dombrowski s

20   motion I believe for -- it was unsupervised parenting time

21   if I m not mistaken?

22                   MR. JASON HOFFMAN:             Yes, Your Honor.

23                   HONORABLE JUDGE DAVID DEBENHAM:                   And then the

24   other was the motion for an order to -- or was the -- was

25   the motion on a show cause to find the -- Ms. Dombrowski


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 1   in contempt.

 2        Are those the two motions we re here on today?

 3                MR. JASON HOFFMAN:            Yes, sir.

 4                MR. ROBERT DUNCAN II:             Yes, Your Honor.

 5                HONORABLE JUDGE DAVID DEBENHAM:                  Okay.          Are we

 6   ready to proceed?

 7                MR. JASON HOFFMAN:            Yes, sir.

 8                HONORABLE JUDGE DAVID DEBENHAM:                  Okay.          Mr.

 9   Hoffman, it s your motion so if you want to go ahead and

10   call your first witness?

11                MR. JASON HOFFMAN:            Judge, I didn t -- or I

12   don t, I should say, intend to call any witnesses, uh,

13   today on that motion.

14        The motion was essentially continued by agreement as

15   I understood it, to allow some additional time for

16   clients.     There was a document that was proffered by

17   agreement of the parties at the time of the last hearing

18   to the Court.

19        Uh, that would be the sum and substance of the

20   evidence that would be offered related to that particular,

21   uh, motion.

22                HONORABLE JUDGE DAVID DEBENHAM:                  Was that the

23   Exhibit A?

24                MR. JASON HOFFMAN:            I believe that s correct,

25   Your Honor.


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 1               HONORABLE JUDGE DAVID DEBENHAM:                   This one here?

 2               MR. JASON HOFFMAN:             Yes.      It is Exhibit A, Your

 3   Honor.

 4               HONORABLE JUDGE DAVID DEBENHAM:                   We were last in

 5   court, my notes reflect on November 13th.                    That the

 6   parties agreed that the Motion for Contempt will be

 7   deferred pending Petitioner s -- I think it s Respondent s

 8   locating and removing all referenced items to the Minor

 9   Child on the Internet.

10        This matter was to be reset if there was a

11   disagreement between the parties about the removal of the

12   items referencing the Minor Child and her likeness from

13   the Internet.

14        Now, Mr. Duncan, do you want to address that?

15               MR. ROBERT DUNCAN II:              Well, I intend to address

16   it basically in my -- in the questions I have of my -- the

17   Court set up certain conditions with regard to whether or

18   not my client would be restored to some parenting time.

19               HONORABLE JUDGE DAVID DEBENHAM:                   I m --

20               MR. ROBERT DUNCAN II:              So I am --

21               HONORABLE JUDGE DAVID DEBENHAM:                     -- I m --

22               MR. ROBERT DUNCAN II:               -- the Court set up, uh,

23   several conditions relative to my client.                    No one s ever

24   said that --

25               HONORABLE JUDGE DAVID DEBENHAM:                   I can hear --


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 1                MR. ROBERT DUNCAN II:              -- they couldn t hear me

 2   before.

 3                HONORABLE JUDGE DAVID DEBENHAM:                  I can hear

 4   that.     I didn t --

 5                MR. ROBERT DUNCAN II:             That s a first.               Anyway,

 6   as conditions relative to whether or not she would, uh,

 7   uh, be afforded the parenting time.

 8                HONORABLE JUDGE DAVID DEBENHAM:                  Yes, sir.

 9                MR. ROBERT DUNCAN II:             And so I m prepared to

10   address, basically the issue that in the sense that was

11   raised here because one of those con -- the conditions

12   were -- were one, that she not, uh, discuss, have

13   conversations with the divorce, ongoing proceedings, the

14   things that happen in this courtroom or the interactions

15   between her and her husband -- ex-husband or father -- the

16   -- the father of the parties child.                 They weren t married.

17   So that s, uh --

18           So in that regard, so we re going to address that.

19                HONORABLE JUDGE DAVID DEBENHAM:                  That was with

20   the child.

21                MR. ROBERT DUNCAN II:             That s with the child,

22   right.

23                HONORABLE JUDGE DAVID DEBENHAM:                  Okay.

24                MR. ROBERT DUNCAN II:             The second issue was,

25   after we were first here on the first contempt, uh, uh,


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 1   some efforts were made to remove things from the Internet

 2   that we provided correspondence with the parties, uh, with

 3   regard to that issue.

 4        Um, initially a memorandum that I sent on, uh, uh,

 5   to, uh, folks on, uh, uh, December 15.                   I wrote a memo to

 6   everybody with regard to the removal of a variety of

 7   items.    Um, uh, also, uh, I had sent a -- a memorandum,

 8   uh, prior to that, uh, on, uh, some time back in October.

 9        Um, and then I had -- my client, uh, met in my office

10   on, uh, two or three occasions with my, uh,

11   technologically, uh, uh, uh, educated son.                    Uh, went

12   through and removed what they could.

13        And so I plan to ask her, uh, about whether she has

14   or has not added matters to the Net and understands the

15   nature of the order where she s not supposed to.

16        So that s how I plan on addressing that.                      And, uh, I

17   don t know what -- I can t prove a negative, quite

18   honestly but that s the best we can do is to put her under

19   oath and let her, uh, and then I have a few other, uh, a

20   few other items.

21        I do, preliminarily --

22               HONORABLE JUDGE DAVID DEBENHAM:                   Yes?

23               MR. ROBERT DUNCAN II:               -- I do have some

24   information about, uh, Doctor -- is it -- Heredia?

25               MS. CLAUDINE DOMBROWSKI:                Heredia.


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 1               MR. ROBERT DUNCAN II:               -- uh --

 2               HONORABLE JUDGE DAVID DEBENHAM:                   You said Doctor

 3   who?

 4               MR. ROBERT DUNCAN II:               -- may I approach the

 5   Court?

 6               HONORABLE JUDGE DAVID DEBENHAM:                   Yes, sir.

 7               MR. ROBERT DUNCAN II:              I mean we had, uh, at a

 8   prior occasion, the Court had wanted to know about, uh,

 9   the, uh, physician who had completed the, uh, mental

10   health report, uh, which vitae was provided, uh, to the

11   Court, uh, previously.

12          I contacted the, uh, folks, uh, where he currently

13   works, requested on several occasions, uh, did, uh, did

14   not get it.      So on my own I went out and found some

15   information about the good doctor.

16          Yeah, okay so you have his picture, you have the

17   description of what his experiences are and his training

18   as set out in the, uh, uh, the Web site for the, uh, uh,

19   at the community, uh, American, uh, well, no it -- this is

20   on the Web site of where he s currently working.

21               MS. CLAUDINE DOMBROWSKI:                Oh.

22               MR. ROBERT DUNCAN II:              Down below you have the

23   Kansas Board of Healing Arts, uh, information with regard

24   to his current accreditation as a medical doctor, uh, when

25   it was last updated and that his status is current and


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 1   that there s no disciplinary actions apparently, uh, uh --

 2   oh, there it is.

 3        Uh, when he was, uh, Community Healthcare Systems,

 4   Inc. in Onega is where, uh, has a Web site and that s

 5   where I got the information about his current, uh, uh, uh,

 6   activities.

 7        Uh, what it doesn t show is he previously had worked,

 8   uh, out at Larned, uh, State Hospital, uh, as -- as well.

 9   Um, so, uh, that s the -- that was the -- that s the best

10   I could do without cooperation from, uh, um, from his

11   employer providing me with a, uh, with a vitae.

12        But I think it s sufficient to demonstrate that his

13   specialization at least as, as, uh, uh, promoted by the

14   folks who employ him is psychiatric medicine, so -- and

15   that he s had several training specifically in that area

16   of psychiatric, uh, uh, medicine, uh, at the -- at, uh,

17   several, uh, universities, uh, um, uh, in the, uh, here in

18   the United States.

19                HONORABLE JUDGE DAVID DEBENHAM:                  Do you want to

20   proceed then on your Motion to Modify the Visitation?

21                MR. ROBERT DUNCAN II:             Yeah.

22                HONORABLE JUDGE DAVID DEBENHAM:                  Okay.          If you

23   want to call your first witness?

24                MR. ROBERT DUNCAN II:             Uh, I want to make a -- I

25   want to --


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 1               HONORABLE JUDGE DAVID DEBENHAM:                   Oh, I m sorry.

 2               MR. ROBERT DUNCAN II:               -- I want to make an

 3   opening statement on that matter.

 4               HONORABLE JUDGE DAVID DEBENHAM:                   Certainly.

 5               MR. ROBERT DUNCAN II:              So, if I could?               I want

 6   to bring the Court s attention to a couple of matters as

 7   set out in the -- in the statutes and, uh, as, uh,

 8   interpreted by our Supreme Court.

 9        Um, and the Court -- I m -- I may be repeating some

10   of this for my own edification; probably not for the

11   Court s.     But nonetheless, Chapter 60, Article 16, 60-1616

12   provides that a parent is entitled to reasonable parenting

13   time unless the Court finds after a hearing that the

14   exercise of parenting time would seriously endanger the

15   child s physical, mental, moral or emotional health.

16        So it may be a rebuttable presumption, but the

17   presumption is that my client is entitled to parenting

18   time by law.

19        Now, that is reinforced, uh, not only in, uh, in, uh,

20   uh, in -- in case law, in the -- in the -- in the Bully

21   vs. Kimbrel Case, which was decided in 2006.                     And it s

22   interesting because it s a case that s somewhat similar

23   because in that -- we -- this case we have a 15-year old

24   daughter and a mother and in that case we have a 16-year

25   old son and a father.


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 1        And what did the Court say?                The Court said that in

 2   the absence of a finding that parenting time “would

 3   seriously endanger the child s physical, mental, moral or

 4   emotional health, the trial court must set a reasonable

 5   and specific schedule for David s parenting time, uh, with

 6   Evan.”

 7        Uh, the Court also said in there that the child s

 8   desires are not determinative of what should happen or

 9   that the child should not be placed -- who should not be

10   the one who makes the determination as to whether there

11   will or will not be the parenting time because that s

12   tantamount to, uh, uh, a -- a potential denial of all

13   parenting time.

14        So I bring that up because, uh, I know the Court had

15   opportunity to visit with the child at the last occasion

16   and had some discussions with the child and told us

17   primarily that the -- that the number one problem, issue

18   was Mom s ongoing conversations with -- allegedly with

19   that child on all these issues that -- that go on in here

20   and between Dad and gave rise to the initial, uh,

21   parenting case.

22        Um, so, um, I think that s the law of the case.                         Uh,

23   and with that, I would then, uh, call my, uh, client and

24   ask her to be sworn in.

25               HONORABLE JUDGE DAVID DEBENHAM:                   Ms. Dombrowski,


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 1        if you ll come forward.              If you ll raise your right hand.

 2        Do you solemnly swear the information and testimony you re

 3        about to give in this cause and proceeding is the truth,

 4        the whole truth and nothing but the truth, so help you

 5        God?

 6                      MS. CLAUDINE DOMBROWSKI:                Yes, I do.

 7                              [THEREUPON, Ms. Claudine Dombrowski, called

 8                              as a witness on behalf of the Respondent,

 9                              having first been duly sworn by the Court,

10                              testified as to the following:]

11                      HONORABLE JUDGE DAVID DEBENHAM:                   Please have a

12        seat.

13                                   DIRECT EXAMINATION

14   BY MR. ROBERT DUNCAN II

15        Q.     I don t know why we always start with this question

16   but we do.      Please state your name.

17        A.     Claudine Marie Dombrowski.

18        Q.     All right and, uh, you re the mother of the, uh, uh,

19   of, uh, of whom?

20        A.     Rikki A. Dombrowski.

21        Q.     All right.        Now, um, let me put a couple things

22   behind us.      Do you understand that one of the prerequisites of

23   re-establishing parenting time is that you agree that you will

24   not discuss the divorce or the -- the, uh, the, uh, the

25   parenting case, the ongoing child custody matters or any aspect


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 1   of these proceedings that occur within this courthouse with

 2   your daughter?

 3       A.    Yes, I am and nor have I in the past 10 years that

 4   I ve been in supervised visits.

 5       Q.    All right, well --

 6       A.    For the record.

 7       Q.    -- all right --

 8       A.    But yes --

 9       Q.    -- but --

10       A.    -- I m -- completely understand that.

11       Q.    Okay.       And do you understand that, that from this day

12   forward if the Court provides you with parenting time and you

13   engage in that, that that s probably going to risk your ability

14   to have any parenting time with this child in the future?

15       You understand that that s -- that s -- that you must

16   comply with that and failure to comply with it will -- would

17   more than likely result in the termination of your parenting

18   time with your daughter; do you understand that?

19       A.    To speak with my daughter at all?

20       Q.    Do you understand that if you cannot comply with that

21   condition --

22       A.    To not talk about the court --

23       Q.    -- to not --

24       A.    -- case?

25       Q.    -- to discuss the court case, these matters,


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 1   interactions with Dad --

 2       A.    Oh, that s --

 3       Q.    -- things that --

 4       A.    -- fine.

 5       Q.    -- go on in here.

 6       A.    That s fine.

 7       Q.    If you don t -- if you don t comply with that, that

 8   you re probably not going to have any parenting time in the

 9   future; do you understand that?

10       A.    Okay, yes, I do.

11       Q.    All right.         And are you willing to agree to that

12   condition, that you not discuss this case, ongoing child

13   custody matters, or aspects of any of these proceedings with

14   your daughter?

15       A.    Yes, I do.

16       Q.    All right.         Now, secondly, um, you recall last, early

17   fall, uh, there was an accusation that you had placed

18   materials, contravention of Judge s, uh, of, uh, of, uh, of the

19   Court s order, uh, on the Internet that were either, um, uh,

20   pictures or references to your daughter.                   Do you under -- do

21   you -- do you recall that initial accusation?

22       A.    The tribute video, yes.

23       Q.    And -- all right.            Do you also -- did you come to,

24   uh, then in the early fall, did you come to my office and, uh,

25   work with my son Ryan to remove, uh, what materials, uh, that


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 1   could be found at that time?

 2       A.      Yes, I did.

 3       Q.      All right.       And then did you come back to my office

 4   after we had indication that there might be some things that

 5   were missed and again in December, uh, take whatever actions

 6   were under your control to remove, uh, references, uh,

 7   pictures, identifications and the like, uh, from, uh, the

 8   Internet?

 9       A.      Yes, I did.

10       Q.      Now, did you and he at that time, um, also, uh, make

11   efforts to, uh, uh, contact, um, Web pages that had those

12   references but over which you had no control?

13       A.      Yes, we did.

14       Q.      All right.       And, um, some of those were like the, uh,

15   oh, trying to think.          Is there one -- there s like one that was

16   in France; is that correct?

17       A.      Correct.

18       Q.      And you -- you and he contacted them in an effort to

19   get that removed; is that right?

20       A.      Correct.

21       Q.      Now, since the time that we have been back here in

22   court, um, on this issue, and that you have been -- the order

23   has been reaffirmed that you are not to add anything to the

24   Internet, have you added any likenesses, uh, of your -- or --

25   or references to your, uh, to your daughter, um, uh, in any --


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 1   uh, to -- in any Web site to which you have access?

 2       A.      No, except for the tribute video is still floating.

 3       Q.      Right, but it s not -- but you ve removed it from

 4   things that you have --

 5       A.      That I have control of.

 6       Q.      -- control over, all right.               But we do know that it s

 7   still out there?

 8       A.      Yes.

 9       Q.      All right.       Now, uh, where are you currently

10   residing?

11       A.      I am in the Address Confidentiality Safe at Home

12   Program --

13       Q.      All right, let me --

14       A.      -- under --

15       Q.      -- let me --

16       A.      -- the Secretary --

17       Q.      -- rephrase --

18       A.      -- of State.

19       Q.      -- that.       What -- please describe to the Court the --

20   the -- the -- the physical layout of where it is that you re

21   residing.     I mean --

22       A.      A two-bedroom apartment.

23       Q.      Okay.     And is there a place in that apartment, uh,

24   for your, uh, daughter, uh, to, uh, stay, uh, were you to have,

25   uh, standard Shawnee County Guidelines and, uh, some overnight


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 1   visitations?

 2        A.    Yes, there is.

 3        Q.    And, um, are you -- uh, are you, uh, currently, uh,

 4   under any medical, uh, treatment?

 5        A.    No.

 6        Q.    Are you under any, uh, psychiatric, uh, treatment, uh

 7   --

 8        A.    No.

 9        Q.    -- at this, at this time?                All right.         Um, and, and

10   the, uh, um, do you understand that if your, uh, daughter is

11   having parenting time with you and that she has, uh, prior

12   commitments, whether they be school activities, uh, uh,

13   birthday parties of, uh, friends or, uh, fill in the blank, uh,

14   that your obligation is to see that she gets to those and

15   participates in those?

16        A.    Oh, yes.

17        Q.    All right.         Now, when was the last time you actually

18   had occasion to visit with your daughter?

19        A.    In 2003.

20        Q.    Well, you ve been -- you ve seen her -- that s

21   without --

22        A.    Supervised.

23        Q.    -- that s without supervision.

24        A.    Correct.

25        Q.    Okay.       When was the last time that you attended a


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 1   supervised, uh, parenting time?

 2       A.      Last summer, uh, several months before school

 3   started.

 4       Q.      So you ve not been to Odyssey --

 5       A.      No.

 6       Q.      -- since what, August or September?

 7       A.      Uh, okay, I believe Rikki started school in, uh,

 8   August.     Uh, believe it might have -- it was before school

 9   started.      I haven t seen her since before school started.

10       Q.        All right, so, uh, there s been no contact with you,

11   uh, we -- you -- have there been some occasions when, uh, uh,

12   sessions were set up last fall?

13       A.      Oh, yes --

14       Q.      Okay.

15       A.      -- many.

16       Q.      And, uh, what happened with those, uh occasion --

17   what happened with those sessions?

18       A.      They were cancelled.

19       Q.      All right.         And what reason were you given that they

20   were cancelled?

21       A.      Um, that Rikki had prior commitments.

22       Q.      And -- and couldn t make the sessions?

23       A.      And couldn t make the sessions.

24       Q.      All right.         So the Odyssey folks have not actually

25   observed you and her interact since last summer.                        Is that -- is


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 1   that a fair statement?

 2       A.     Yes.

 3       Q.     Okay.       Um, how old s your daughter?

 4       A.     Fifteen.

 5       Q.     All right.         So she s old enough that if there -- if -

 6   - that if there were, uh, uh, problems with the visitation, she

 7   could pick up the phone and call somebody or -- in fact, does

 8   she have her driver s license now?

 9       A.     Yes --

10       Q.     Do you know?

11       A.     She does, mm-hm.

12       Q.     Okay.       What parenting time are you asking the Court

13   to establish for you here today?

14       A.     Shawnee County Guidelines.

15       Q.     Okay.       And what do you understand that to be for a

16   child, uh --

17       A.     Every other --

18       Q.     -- age --

19       A.     -- weekend --

20       Q.     -- appropriate?

21       A.     -- uh, once during, um, the week and it s from the

22   age of 10 up, uh, more time is to be spent with the same sex

23   parent.

24       Q.     Okay.       So at least the minimum alternating weekends,

25   perhaps a midweek visit and then, uh, are you asking for the


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 1   standard holiday visitation?

 2       A.    Yes, I am.

 3       Q.    Okay.       Now --

 4                     MR. ROBERT DUNCAN II:              Excuse me, Your Honor.

 5       Q.    (By Mr. Duncan) -- um, have you, talking just about

 6   you now, all right, been accused, uh, have you ever, uh, been,

 7   uh, been subjected to any investigation of either sexually or

 8   physically abusing your daughter?

 9       A.    Never.

10       Q.    All right.         Have you ever been accused of or been

11   investigated for, um, a, uh, violence against this child or --

12       A.    Hm --

13       Q.    -- harming this child?

14       A.    -- no.

15       Q.    Okay.       Um, are you impaired because of any substance

16   abuse?

17       A.    No.

18       Q.    Are there any on -- pending investigations with

19   regard to those issues that I ve mentioned, physical, sexual

20   abuse of this child --

21       A.    No.

22       Q.    -- domestic violence against this child or substance

23   abuse at this time?

24       A.    No.

25       Q.    Okay.


              Integrity Transcription, Carol A. Roberts, Certified Shorthand Reporter
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 1                        MR. ROBERT DUNCAN II:              I have nothing further.

 2                        HONORABLE JUDGE DAVID DEBENHAM:                   Mr. Hoffman,

 3          Cross?

 4                                      CROSS EXAMINATION

 5   BY MR. JASON HOFFMAN

 6          Q.    Ms. Dombrowski, it s a fair statement that you re

 7   fairly prolific as a publisher on the Internet isn t it?

 8          A.    Define prolific.

 9          Q.    You maintain a number of different Web sites do you

10   not?

11          A.    I used to.

12          Q.    Okay.       And you are indicating to me today that you no

13   longer maintain those Web sites?

14          A.    A lot of Web sites I do not maintain anymore because

15   I don t have Internet access.

16          Q.    Okay.       So the Kansas Mothers for Custodial Justice

17   site is no longer under your control?

18          A.    I have turned control over, I believe it was about

19   three months ago when I lost Internet.

20                        HONORABLE JUDGE DAVID DEBENHAM:                   I m sorry, I

21          didn t hear the last part.

22                        MS. CLAUDINE DOMBROWSKI:                About three years ago

23          -- or not three years -- three months ago I lost Internet

24          --

25                        HONORABLE JUDGE DAVID DEBENHAM:                   Okay.


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 1                       MS. CLAUDINE DOMBROWSKI:                -- so therefore I

 2       don t have any of the --

 3                       HONORABLE JUDGE DAVID DEBENHAM:                  That s fine, I

 4       just --

 5                       MS. CLAUDINE DOMBROWSKI:                -- I --

 6                       HONORABLE JUDGE DAVID DEBENHAM:                    -- didn t hear

 7       the last --

 8                       MS. CLAUDINE DOMBROWSKI:               Okay.

 9                       HONORABLE JUDGE DAVID DEBENHAM:                    -- yeah, thank

10       you.

11       Q.      (By Mr. Hoffman) And likewise with the angelfury.org

12   Web site?

13       A.      That -- correct -- is my Web site.                   I don t edit it

14   though.     But I still have control over it --

15       Q.      And you maintain --

16       A.      -- per se.

17       Q.      -- that Web site, correct?

18       A.      Angelfury.org.

19       Q.      Okay.      Who is “anonymoms?”

20       A.      Anonymous?

21       Q.      Anonymoms?

22       A.      Anonomoms?

23       Q.      A-N-O-N-Y-M-O-M-S.

24       A.      Are you familiar with Anonymous organization?

25       Q.      I am.


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 1       A.    It s the same.

 2       Q.    Okay.       And anonymoms is not a screen name that you

 3   have used in the past related to your own activities?

 4       A.    Anonymoms, anonymous, anonymus, anonymuma, there s a

 5   -- uh, a great deal of them are circulated globally.

 6       Q.    Okay.       And with respect to the anonymuma, A-N-O-N-Y-

 7   M-U-M-A --

 8                     MR. ROBERT DUNCAN II:              I m sorry, could you

 9       please repeat that?

10                     MR. JASON HOFFMAN:             A-N-O-N-Y-M-U-M-

11       A.blogspot.com.

12       Q.    (By Mr. Hoffman) You don t maintain that Web site?

13       A.    I don t have any idea which one it is.                      There are

14   about 600 Web sites out there and blogs out there.

15       Q.    Okay.       And are you a member of all of those?

16       A.    No.

17       Q.    Do you post to all of those?

18       A.    I used to post to some, yes.

19       Q.    Okay.       In getting back to the Anonymuma issue, if

20   you re not posting to that, there would be no reason to expect

21   your Facebook badge on that page, correct?

22       A.    No.      My Facebook badge -- no, wait, let me reiterate,

23   those Web sites that were set up, maintained, their set-up does

24   not mean I have relinquished them.                It just means I am not

25   posting to them because I do not have access to them.


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 1       Q.      Okay.

 2       A.      They ve been --

 3       Q.      But --

 4       A.      -- turn on over to Anonymus.

 5       Q.      Okay.       So you ve turned control over those various

 6   Web sites over to those folks?

 7       A.      To Anonymus.

 8       Q.      Okay.       And if as an example there was an upload to

 9   that particular Web site on December the 12th of 2009, that

10   wouldn t have been you?

11       A.      Did it have a picture of my daughter on it?

12       Q.      Yes.

13       A.      Hm, then no, it wouldn t have been me because I don t

14   upload my daughter.

15       Q.      Okay.       Well let me rephrase that.                The --

16       A.      Please do.

17       Q.      -- answer to your question if we re going to get into

18   me answering your questions is, I would submit to you that

19   there s a link to the tribute video that s --

20       A.      Oh.

21       Q.      -- at issue in this case.

22       A.      Okay, again, the tribute video is something beyond my

23   control.      It s all over the world.

24       Q.      Okay.       Let s get back to angelfury.

25       A.      Okay.


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 1       Q.    Your testimony as I understand it is you no longer

 2   operate that Web site?

 3       A.    Angelfury is my Web site.

 4       Q.    Okay.

 5       A.    When I can, I try to edit it.

 6       Q.    Okay.       And in -- if you recall, in July of 2009 --

 7       A.    No, I don t recall July of 2009.

 8                     HONORABLE JUDGE DAVID DEBENHAM:                   Well --

 9                     MR. ROBERT DUNCAN II:              I know -- yeah, I m not

10       objecting.        I --

11                     MS. CLAUDINE DOMBROWSKI:                Okay.

12                     MR. ROBERT DUNCAN II:               -- I -- Your Honor, I

13       guess if I can instruct my client to at least allow him to

14       finish his question.

15                     MS. CLAUDINE DOMBROWSKI:                Okay, okay.

16                     MR. ROBERT DUNCAN II:              So she -- before she

17       answers it, as it would be in all of our benefit and I --

18                     HONORABLE JUDGE DAVID DEBENHAM:                   Yeah.

19                     MS. CLAUDINE DOMBROWSKI:                All right.

20                     MR. ROBERT DUNCAN II:               -- think that --

21                     HONORABLE JUDGE DAVID DEBENHAM:                   Yes, that --

22       that s fine.         Let s -- if you can let him finish the

23       question.

24       Q.    (By Mr. Hoffman) Would you have posted anything on

25   that Web site as of July 11th of 2009?


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 1       A.      I don t recall.         I don t know which Web site you re

 2   talking about.

 3       Q.      Angelfury.wordpress.com.

 4       A.      I don t recall.         If you could be more specific I

 5   might be able to help you.

 6       Q.      Perhaps if I read you some text, which I would

 7   represent to you is contained on that Web site.

 8       A.      Does any of it -- okay.

 9       Q.      “Today is my birthday.             Birthdays are really for the

10   mothers.”

11       A.      That was --

12       Q.      Do you recognize that --

13       A.      -- that was --

14       Q.      -- introduction?

15       A.      -- that was, uh, April 6th, 2009 when I was found in

16   direct contempt for tribute video that I made for my dead

17   mother and my daughter.           That was April.

18       Q.      All right.       Ma am, I m going to hand you what I ve

19   marked purely for, uh, identification purposes, Exhibit 2B,

20   which is part of a composite exhibit identified as Exhibit 2.

21       A.      That s not a Web site.             That s a blog.

22       Q.      It s a blog.        And you would --

23       A.      There s a --

24       Q.      -- agree --

25       A.      -- difference.


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 1       Q.    -- with me, wouldn t you, that that indicates an

 2   entry on that blog on July 11th, 2009?

 3       A.    That s what it says.              And again, I said I don t have

 4   control of my blogs.

 5       Q.    And the moniker off to the side of that is Claudine

 6   Dombrowski, isn t it?

 7       A.    Claudine Dombrowski s on all the blogs or a lot of

 8   them.

 9       Q.    Okay.       And you would also agree with me, would you

10   not, that that particular section is identified at 2B is about

11   the author, correct?

12       A.    It says about the author.                I don t see any images of

13   my child however.

14       Q.    Okay.       Insofar as that exhibit goes, you see that

15   there is text towards the bottom of the page that starts out as

16   I read it to you.         “Today is my birthday.”

17       A.    April -- yeah.

18       Q.    Okay.       That s a --

19       A.    My birthday was April 10.

20       Q.    That s a series of -- that text was added by you,

21   wasn t it?

22       A.    It was added -- I read it -- I wrote it at some point

23   obviously April 10, which is my birthday, not July 11th.

24       Q.    Okay.       And you would agree that there s some

25   highlighted text there, correct, that says my contempt was


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 1   because of the video I made.

 2       A.    I don t see any highlight.

 3       Q.    Okay.

 4       A.    I --

 5       Q.    Is there some text that says that?

 6       A.    Uh, the contempt that I was convicted of civilly

 7   without rule of procedure of same, criminals -- uh, no                         I don t

 8   see what -- um, so when does civil become criminal.                        Doesn t

 9   jail per se the Fourth Amendment speaks civil, may jury -- may

10   have jury, no silence of oppression if value exceeds $20, yeah,

11   that would make a mad man mad as a hatter indeed hence this

12   blog post.     Sanity, dignity, social activism, true change.

13       Q.    Okay.

14       A.    Wait, this is the same part.                 It gets better.             Today

15   is my birthday.       That was April 10.

16       Q.    Okay. And you would agree with me that in that

17   paragraph, my contempt was because of the video I made and then

18   it goes on, correct?

19       A.    Was because of a video I made, the preservation of

20   good, sacred.

21       Q.    Okay.       And is it your testimony then that there are

22   no internal links embedded in this particular blog post --

23       A.    I can t --

24       Q.    -- to the tribute video?

25       A.    -- I can t say that because I wrote this on April


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 1   10th, my birthday, which I state.                 This says July 11.

 2       Q.     Is it possible that those external or internal links

 3   are still there embedded in that text?

 4       A.     I wouldn t know.            I haven t looked at them.

 5       Q.     Okay.       But it s --

 6       A.     I don t know.

 7       Q.     -- possible?

 8       A.     Anything s possible.              So is justice, but it s not

 9   likely.

10       Q.     All right.         Turning to the rest of that exhibit if

11   you would, looking at Exhibit -- identified as Exhibit 2A,

12   should be on the --

13       A.     Here, I ll let you do it since you re so good at it.

14       Q.     Do you recognize that as a -- what amounts to a

15   screen print off of the angelfury.wordpress.com site?

16       A.     Wordpress is a blog.

17       Q.     Okay.       Do you recognize that as a screen print off

18   the angelfury blog?

19       A.     It looks like a printout.

20       Q.     Okay.       And on the top of that under a human rights

21   issue dash custodial justice, you see a -- what amounts to a

22   link that says about author, correct?

23       A.     No.

24       Q.     Top left-hand corner under a human rights issue

25   custodial justice.


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 1       A.     Oh, one in six women are murdered domestic violence?

 2       Q.     Right.       And then you see a link that s about author?

 3       A.     Oh, it says, about author.

 4       Q.     Correct?

 5       A.     Okay.

 6       Q.     Okay.

 7       A.     And that s where you got this other one, right?

 8       Q.     I was going to ask you that.                 Do you think that s

 9   likely?

10       A.     Um --

11                      MR. ROBERT DUNCAN II:              Well I object, Your

12       Honor, that s speculation.                She d have no way of knowing.

13       I m also going to object on relevance and materiality of

14       all -- of this whole line of questioning because the order

15       for which this all goes to is she was to withdraw any and

16       all likeness of the minor child over which she had control

17       that may be appearing on the Internet or other public

18       places or public access.

19              And further ordered not to present child at public

20       rallies, demonstrations, newscasts or otherwise publicize

21       the child s name or likeness.                 Now, uh, her name may be

22       there.       I haven t seen the name Rikki --

23                      MS. CLAUDINE DOMBROWSKI:                Dombrowski.

24                      MR. ROBERT DUNCAN II:               -- Dombrowski -- please.

25                      MS. CLAUDINE DOMBROWSKI:                Oh.


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 1                MR. ROBERT DUNCAN II:             Uh, Dombrowski, nor have

 2   I seen any copies of likenesses of the child.                      So unless

 3   Counsel can tie that up in some way, this -- this -- this

 4   whole examination and these documents really are

 5   immaterial.

 6                HONORABLE JUDGE DAVID DEBENHAM:                  Okay, first

 7   issue was speculation.           I m going to overrule that.

 8                MR. ROBERT DUNCAN II:             Okay.

 9                HONORABLE JUDGE DAVID DEBENHAM:                  If she can

10   answer, she can.

11                MR. ROBERT DUNCAN II:             All right.

12                HONORABLE JUDGE DAVID DEBENHAM:                  The second

13   issue is relevancy.          Mr. Hoffman?

14                MR. JASON HOFFMAN:            Judge, I m not trying to be

15   combative but as a practical matter, every time we ve been

16   here on this case on this particular issue, we ve come up

17   with additional what we view to be additional postings on

18   the Internet, of particularly this tribute video.

19           And I have another exhibit here if we want to get off

20   that one and we can talk about the angel, uh, fury. org

21   site.     Unfortunately I can t reproduce these things in an

22   electronic format in this forum.

23           The last time I photocopied everything in this case

24   and presented it to the Court.               It was subsequently

25   scanned and placed on the Internet, including all the


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 1   pictures we were able to obtain of Rikki.

 2        So I hope the Court can appreciate the difficulty I m

 3   having trying to get into this subject with this

 4   particular witness.           I cannot --

 5                HONORABLE JUDGE DAVID DEBENHAM:                   Wait, wait,

 6   wait, wait, wait.

 7                MR. JASON HOFFMAN:             I m sorry, Your Honor.

 8                HONORABLE JUDGE DAVID DEBENHAM:                   I -- I think

 9   what we have is -- is possibly two issues.                     One is, are

10   there images still on the Internet in reference to Rikki -

11   -

12                MR. JASON HOFFMAN:             Correct.

13                HONORABLE JUDGE DAVID DEBENHAM:                     -- or her

14   likeness or anything about her on the Internet that --

15   that Ms. Dombrowski has access to.

16        And the second one is -- is the parenting time issue.

17                MR. JASON HOFFMAN:             Correct, Your Honor.

18                HONORABLE JUDGE DAVID DEBENHAM:                   Those are the

19   two issues.       Now, does this line of questioning, is it

20   relevant to either one of those --

21                MR. JASON HOFFMAN:             Quite --

22                HONORABLE JUDGE DAVID DEBENHAM:                     -- issues?

23                MR. JASON HOFFMAN:             -- quite frankly, Judge, it

24   relates to both and here s why.

25                HONORABLE JUDGE DAVID DEBENHAM:                   Okay, I m going


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 1       to let -- well, in, in -- rather than take up a whole lot

 2       of time, I m going to give you some -- some leeway on

 3       that.

 4                     MR. JASON HOFFMAN:             And I appreciate that,

 5       Judge.

 6                     HONORABLE JUDGE DAVID DEBENHAM:                   And -- and if

 7       it s not relevant, then I will disregard it at the end and

 8       I m sure Mr. -- Mr. Duncan will make a -- will make a

 9       motion or argument that it s not -- wasn t relevant.                           But

10       I will give you some leeway so we can get -- get the

11       hearing on.

12                     MR. JASON HOFFMAN:             All right.

13       Q.      (By Mr. Hoffman) Backing up to the issue of

14   anonymoms, you don t -- you do not use that as a screen name

15   anywhere; is that correct?

16       A.    It s part of our organization.                  I don t use it.          I

17   haven t used the Internet, um, for the past three months --

18       Q.    Okay.

19       A.      -- or more.

20       Q.    And anonymuma.blogspot.com?

21       A.    I don t have any -- I don t know what you re talking

22   about so I can t answer that question.

23       Q.    And there would be no reason to expect your Facebook

24   badge -- badge to appear on that page, correct?

25       A.    My Facebook badge -- badge can go anywhere in the


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 1   world.   That s what the World Wide Web does.

 2       Q.    Okay.       And your testimony would be that you had

 3   nothing to do with putting it up there?

 4       A.    I originally set up a bunch of sites, but I have

 5   since relinquished those sites, which I have stated for -- in

 6   the last three months.

 7       Just because I relinquished those sites, does not mean

 8   that they were dismantled.

 9       Q.    Okay.       And your testimony would be then that you

10   don t have any control over what is up there?

11       A.    Correct.

12       Q.    So I m clear, if something were added to the Internet

13   on December the 12th of 2009 and it happened to be the tribute

14   video to your -- to Rikki and your mother, that wouldn t have

15   been done by you?

16       A.    No, it would not have been done by me.

17       Q.    Okay.       Do you want Rikki to have a relationship with

18   her father?

19       A.    Rikki s had a relationship with her father for the

20   last 16 years.       Momma hasn t.

21       Q.    Okay.       I actually asked you if you wanted her to have

22   a relationship with her --

23       A.    I most --

24       Q.    -- father?

25       A.    -- definitely do.


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 1       Q.    Okay.       And you think that relationship between your

 2   daughter and her father is important, do you not?

 3       A.    No, I do not.          Not as -- as in conjecture to putting

 4   her mother in jail every time she comes to court to try and see

 5   her daughter.      No.

 6       Q.    Equally fair statement, is it not, that you have

 7   published to the Internet, numerous renditions of your version

 8   of the facts of this case; correct?

 9                     MR. ROBERT DUNCAN II:              Uh, Your Honor, uh, I --

10       I m going -- I m going to ask that the Court direct he be

11       more specific as to a timeframe.

12                     HONORABLE JUDGE DAVID DEBENHAM:                   Okay.          If you

13       can --

14                     MR. JASON HOFFMAN:             Okay.

15                     HONORABLE JUDGE DAVID DEBENHAM:                   The --

16       Q.    (By Mr. Hoffman) The --

17                     HONORABLE JUDGE DAVID DEBENHAM:                     -- it -- it is

18       not against the law for Ms. Dombrowski to have a Web site,

19       to publish to the Web site, to have multiple Web -- Web

20       sites.      A lot of people do that.

21             So if -- if you ve got something --

22                     MR. JASON HOFFMAN:             And I do --

23                     HONORABLE JUDGE DAVID DEBENHAM:                     -- specific as

24       to time, let s -- let s address that.

25                     MR. JASON HOFFMAN:             All right.


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 1        Q.      (By Mr. Hoffman) Have you, within the last 12 months,

 2   placed anything on the Internet related to this case?

 3        A.      To this case?

 4        Q.      Yes.

 5        A.      Uh, I m sure I have.              I don t recall what it would

 6   be, though.

 7        Q.      And you have --

 8        A.      If you could be more specific that would help.

 9        Q.      Okay.       Do you believe that degrading Mr. Richardson

10   is in Rikki s best interest?

11        A.      No, I do not.

12        Q.      Have you ever degraded Mr. Richardson in front of

13   Rikki?

14        A.      Oh, never.

15        Q.      Have you ever done it on the Internet?

16        A.      I ve posted only the facts of this case, which happen

17   to be the lead case of the Inter-American Commission on Human

18   Rights for human rights violations.

19        Q.      And again so that I m clear, when was the last time

20   that you had, uh, unsupervised visitation with Rikki?

21        A.      I had unsupervised visitation with Rikki for

22   approximately six months in 2003 until my wrists were broken.

23        Um, I was immediately placed in supervised visitation on

24   an ex parte order February 3, 2004 to which I am still under to

25   this day.


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 1        Q.      Okay.     And it s your belief today that it would be in

 2   Rikki s best interest to immediately resume a full blown

 3   Guidelines visitation schedule with you?

 4        A.      Yes, I do.

 5                        MR. JASON HOFFMAN:           I don t have any other

 6        questions, Judge.           Thank you.

 7                        HONORABLE JUDGE DAVID DEBENHAM:                 Okay.

 8                        MR. ROBERT DUNCAN II:            I -- I just have one

 9        follow-up.

10                        HONORABLE JUDGE DAVID DEBENHAM:                 Just a second.

11        Just a second.         We got one more attorney.

12                        MR. ROBERT DUNCAN II:            Oh.

13                        MS. CLAUDINE DOMBROWSKI:             Oh.

14                        MS. JILL DYKES:         I just have a few questions.

15                        HONORABLE JUDGE DAVID DEBENHAM:                 Okay.

16                                    CROSS EXAMINATION

17   BY MS. JILL DYKES

18        Q.      Ms. Dombrowski, you testified on your Direct, um,

19   that you are currently not, um, receiving any medical care or

20   treatment; is that correct?

21        A.      I m not under any other special medical care or

22   treatment that I ve been, uh, for the past, uh, 16 years.

23        Q.      Okay.     I don t think that was the question.                    The

24   question was, are you currently receiving any medical

25   treatment?


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 1          A.    I see my primary care physician, uh, once every six

 2   months.

 3          Q.    Okay.       And what, um, do you see the primary care

 4   physician for?

 5          A.    General health, physical health.

 6          Q.    And are you on any type of medication?

 7          A.    Yes, I am.

 8          Q.    And what medication are you currently taking?

 9          A.    Um, I have been on, uh, Clonazepam for the past 16

10   years related to a heart murmur.

11                        HONORABLE JUDGE DAVID DEBENHAM:                   I m sorry, to a

12          heart -- heart --

13                        MS. CLAUDINE DOMBROWSKI:                Heart murmur.

14                        HONORABLE JUDGE DAVID DEBENHAM:                   Thank you.

15          Q.      (By Ms. Dykes) And at the last hearing that, um, we

16   attended, I believe your attorney provided the Court with, uh,

17   an evaluation that was conducted, um, by Dr. Heredia; is that

18   correct?      Excuse me?

19          A.    I believe so.

20          Q.    Okay.       And in that evaluation, um, the doctor that

21   you saw, um, had given you a diagnosis; is that correct?

22          A.    That s correct.           That s what the piece of paper says,

23   yes.

24          Q.    All right.         And the diagnosis in that document was a

25   generalized anxiety disorder which you are receiving treatment


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 1   for, correct?

 2        A.      Specifically -- I don t understand the question.

 3        Q.      Are you receiving any treatment for the anxiety

 4   disorder?

 5        A.      No.

 6        Q.      Okay.       So you re not receiving treatment for that

 7   diagnosis?

 8        A.      As in I m not seeing a therapist for it because it s

 9   judicially related.

10        Q.      Okay.       The, um, second diagnosis was the borderline

11   personality disorder.

12        A.      Which is incorrect.

13        Q.      Okay.       So you re having --

14        A.      That s okay --

15        Q.      -- objection --

16        A.      -- it doesn t matter.               A borderline personality dis -

17   - disorder doesn t matter anyway.                  But it isn t --

18        Q.      So you re saying --

19        A.      -- it -- but that is an incorrect diagnosis, but

20   yeah, that s fine.

21        Q.      And have you gone to see any other doctors to get

22   that set aside?

23        A.      I -- do you know what a borderline personality

24   disorder is?

25                        HONORABLE JUDGE DAVID DEBENHAM:                   No, wait a


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 1   second.   Wait a second.

 2        Q.    (By Ms. Dykes) This is my opportunity --

 3                      HONORABLE JUDGE DAVID DEBENHAM:                   Wait, wait --

 4                      MS. CLAUDINE DOMBROWSKI:               Okay --

 5        Q.    (By Ms. Dykes) -- to ask you --

 6                      MS. CLAUDINE DOMBROWSKI:                 -- okay.

 7                      HONORABLE JUDGE DAVID DEBENHAM:                   Wait, wait --

 8        Q.    (By Ms. Dykes) -- questions.

 9                      MS. CLAUDINE DOMBROWSKI:               Okay, okay.

10        Q.    (By Ms. Dykes)           And --

11                      MS. CLAUDINE DOMBROWSKI:               Okay.

12                      HONORABLE JUDGE DAVID DEBENHAM:                   Now, wait,

13        wait, no, everybody stop --

14                      MS. CLAUDINE DOMBROWSKI:               Okay.

15                      HONORABLE JUDGE DAVID DEBENHAM:                     -- right now.

16                      MS. CLAUDINE DOMBROWSKI:               Okay.

17                      HONORABLE JUDGE DAVID DEBENHAM:                   This is my

18        courtroom.        Ms. Dombrowski, you get to answer --

19                      MS. CLAUDINE DOMBROWSKI:               Okay.

20                      HONORABLE JUDGE DAVID DEBENHAM:                     -- the

21        questions.        Your attorney will have a chance to Re --

22                      MS. CLAUDINE DOMBROWSKI:               Okay.

23                      HONORABLE JUDGE DAVID DEBENHAM:                     -- direct and

24        ask you question.

25                      MS. CLAUDINE DOMBROWSKI:               Okay.


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 1                      HONORABLE JUDGE DAVID DEBENHAM:                   You don t get a

 2        chance, nor does any witness, to ask questions --

 3                      MS. CLAUDINE DOMBROWSKI:                Okay.

 4                      HONORABLE JUDGE DAVID DEBENHAM:                     -- okay?

 5                      MS. CLAUDINE DOMBROWSKI:                Okay.

 6                      HONORABLE JUDGE DAVID DEBENHAM:                   Ms. Dykes, your

 7        question again.

 8        Q.    (By Ms. Dykes) Um, I believe I asked if you had gone

 9   to see any other doctor to get that diagnosis set aside?

10        A.    My -- my primary care physician has made a phone call

11   to Dr. Heredia under the circumstances of this case and asked

12   him to please remove that.

13        Q.    But you haven t presented anything to the Court to

14   show that that diagnosis has been removed, have you?

15        A.    I don t need to.            There s nothing wrong with the

16   borderline personality even if it were true.

17        Q.    Okay.       So it s your opinion that --

18        A.    I m a psychiatric nurse.

19        Q.    -- someone --

20                      MR. JASON HOFFMAN:             I m -- I m -- I m -- I m

21        going to object, asked and answered, we re now getting

22        argumentative with the client.

23                      HONORABLE JUDGE DAVID DEBENHAM:                   The one that --

24                      MR. JASON HOFFMAN:             It --

25                      HONORABLE JUDGE DAVID DEBENHAM:                     -- she didn t


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 1   finish or -- let me -- let me hear the full question --

 2                 MR. JASON HOFFMAN:             Well, I mean she s asking my

 3   client to give a medical diagnosis --

 4                 MS. JILL DYKES:            And --

 5                 MR. JASON HOFFMAN:             -- relative to her opinion.

 6   And I don t think --

 7                 MS. CLAUDINE DOMBROWSKI:                Exactly.

 8                 MR. JASON HOFFMAN:             -- I don t think --

 9                 MS. CLAUDINE DOMBROWSKI:                Exactly.

10                 MR. JASON HOFFMAN:             -- your client s --

11                 HONORABLE JUDGE DAVID DEBENHAM:                   Wait, wait --

12                 MR. JASON HOFFMAN:               -- qualified to do --

13                 HONORABLE JUDGE DAVID DEBENHAM:                     -- wait --

14                 MR. JASON HOFFMAN:             -- that.

15                 HONORABLE JUDGE DAVID DEBENHAM:                     -- and you re

16   right.      But she did give a medical diagnosis.                     She said it

17   was incorrect.          So I think that allows Counsel to explore

18   that.

19                 MS. CLAUDINE DOMBROWSKI:                Okay, call it correct.

20   I don t really care, okay?

21   Q.      (By Ms. Dykes) Okay.

22   A.    Whatever you want to do.               No, I haven t.

23   Q.    Okay.

24                 MS. JILL DYKES:            I don t have any further

25   questions.


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 1                      HONORABLE JUDGE DAVID DEBENHAM:                   Okay.

 2        Redirect, Mr. Duncan?

 3                      MR. ROBERT DUNCAN II:              Just a couple short

 4        things.

 5                                 REDIRECT EXAMINATION

 6   BY MR. ROBERT DUNCAN II

 7        Q.    With regard to Ms. Dykes --

 8        A.    Sure.

 9        Q.    -- question, um, uh, the doc didn t prescribe that

10   you take any medications at that time, did he?

11        A.    No, he didn t.

12        Q.    And he didn t -- he didn t, uh, prescribe for you to

13   have any ongoing counseling with regard to any of the issues

14   that he set out, uh, in the, uh, in his, uh, diagnosis, whether

15   --

16        A.    Mm --

17        Q.    -- they re correct or incorrect, did he?

18        A.    -- no, he didn t.

19        Q.    Okay.       Now, you ve not had the financial wherewithal

20   to pay Odyssey, uh, for the visits, have you?

21        A.    No, I have not.

22        Q.    And in fact, uh, they ve informed you that you re not

23   welcome there anymore unless you get them paid to date on the

24   balance that s due --

25        A.    I received --


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 1        Q.      -- is that correct?

 2        A.      -- a text message from the supervisor.                    That s what

 3   she stated.

 4        Q.      Okay.     So, um, if the Court were to basically order

 5   you have -- to have supervised, uh, visits, uh, requiring you

 6   to pay for those, um, would you be -- even be able to comply

 7   with that?

 8        A.      No, I wouldn t.

 9        Q.      So that would basically be an order denying you

10   visitation?

11        A.      Parenting time under -- yes.

12        Q.      Yeah, I m sorry, I m old school.                 Visitation is what

13   I learned 30 years ago and --

14        A.      That s basically --

15        Q.      -- it s hard for me --

16        A.      -- what it --

17        Q.      -- to get it out of my mind.                But yes, it is

18   parenting time.        Okay.

19                        MR. ROBERT DUNCAN II:            Nothing further.

20                        HONORABLE JUDGE DAVID DEBENHAM:                 Recross, Mr.

21        Hoffman?

22                        MR. JASON HOFFMAN:           No, Your Honor, thank you.

23                        HONORABLE JUDGE DAVID DEBENHAM:                 Okay, any

24        Recross, Ms. Dykes?

25                        MS. JILL DYKES:          No, thank you.


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 1                HONORABLE JUDGE DAVID DEBENHAM:                   Okay.      Ms.

 2   Dombrowski, you may step down.                Thank you.

 3           Mr. Duncan, do you have additional witnesses?

 4                MR. ROBERT DUNCAN II:              I have no additional, uh,

 5   witnesses, no, Your Honor.

 6                HONORABLE JUDGE DAVID DEBENHAM:                   Okay.

 7                MR. ROBERT DUNCAN II:              I have a --

 8                HONORABLE JUDGE DAVID DEBENHAM:                   What --

 9                MR. ROBERT DUNCAN II:               -- summary statement that

10   if the -- if --

11                HONORABLE JUDGE DAVID DEBENHAM:                   Okay.

12                MR. ROBERT DUNCAN II:               -- if -- depending upon

13   any testimony that the, uh, uh, the other parties would

14   have.

15                HONORABLE JUDGE DAVID DEBENHAM:                   Okay.

16                MR. ROBERT DUNCAN II:              But if --

17                HONORABLE JUDGE DAVID DEBENHAM:                   Mr. Hoffman?

18                MR. JASON HOFFMAN:             Judge, no evidence.               Thank

19   you.

20                HONORABLE JUDGE DAVID DEBENHAM:                   Ms. Dykes?

21                MS. JILL DYKES: Your Honor, um, we have, um, a

22   letter that s been submitted from the Odyssey group --

23                MR. ROBERT DUNCAN II:              And I m going to object -

24   -

25                HONORABLE JUDGE DAVID DEBENHAM:                   Let me -- let


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 1   me do this --

 2               MR. ROBERT DUNCAN II:               -- that even if --

 3               HONORABLE JUDGE DAVID DEBENHAM:                     -- let me --

 4   let me -- let me -- let me do this.                 Let her say -- she s

 5   not going to go into it but let me hear her and then I ll

 6   hear you, Mr. Duncan.

 7               MS. JILL DYKES:            Your Honor, it was, um,

 8   authored by, um, Keira Haney, who was the supervisor for

 9   the visitations that took place between Ms. Dombrowski and

10   Rikki.

11        Um, Julie Damron-Dittmer is present today.                       She was

12   the supervisor on the case.              Um, she did not directly, um,

13   witness the visits --

14               HONORABLE JUDGE DAVID DEBENHAM:                   Okay.

15               MS. JILL DYKES:            Um, Ms. Haney was unable to be

16   here today, um, or we would have called her to testify.                            I

17   would ask the Court to take judicial notice of the letter

18   that s being submitted, um, from Odyssey that speaks to

19   the status of those visits.

20               HONORABLE JUDGE DAVID DEBENHAM:                   Okay.          Mr.

21   Duncan, do you have --

22               MR. ROBERT DUNCAN II:              Well --

23               HONORABLE JUDGE DAVID DEBENHAM:                     -- something --

24               MR. ROBERT DUNCAN II:               -- one, uh, it s not even

25   an affidavit.       Secondly, it s, uh, uh, it doesn t meet any


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 1   of the exceptions to the hearsay rule.                   I m not entitled

 2   to cross examine the witness and, uh, and whatever, uh,

 3   purported value it may have and I have seen it, um, uh,

 4   the information is at least six months old.

 5        So I mean it -- it -- based on the testimony here in

 6   the courtroom because there s been no contact between

 7   Mother and Child at that location for that period of time.

 8        So it has no relevance to this proceeding, uh, and,

 9   uh, I ask that the Court, uh, exclude it.

10                HONORABLE JUDGE DAVID DEBENHAM:                  I m not going

11   to admit it into evidence at this hearing.                    The witness is

12   not here to testify.

13        There is an objection to it.                 And this is a, this is

14   a -- this is an evidentiary hearing at this point in time.

15   So -- any other -- any other test -- any other witnesses,

16   Ms, Dykes?

17                MS. JILL DYKES:           No, sir.

18                HONORABLE JUDGE DAVID DEBENHAM:                  Okay.          I think

19   we re ready for closing, then?

20                MR. ROBERT DUNCAN II:             Please the Court.              A

21   parent is entitled to reasonable parenting time unless the

22   Court finds after a hearing that the exercise of parenting

23   time would seriously endanger the child s physical,

24   mental, moral or emotional health.

25        Now the problem with that statute is, it doesn t tell


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 1   you necessarily what all those criteria are with regard to

 2   what would constitute endangerment of the child s

 3   physical, mental, moral or emotional health.

 4           To that end, we have to take a look at the other

 5   sections of the Kansas law and probably the most pertinent

 6   is in Chapter 75 at 720, relating to child exchange and

 7   visitation centers and the purpose for which they were set

 8   up initially.

 9           And a child -- uh, uh, at subsection C, the exchange

10   and visitation center is for children who have been

11   removed from such children s parents and placed outside

12   the home as a result of abuse or neglect or other risk of

13   harm to such children.           Or for children whose parents are

14   separated or divorced and the children are at risk

15   because.

16           So here, what we have -- parents who are separated.

17   Is the child at risk because there is documented sexual,

18   physical or emotional abuse as determined by the Court?

19   There s no evidence to that.

20           There is suspected or elevated risk of sexual,

21   physical or emotional abuse or there have been threats of

22   parental abduction of the child.                There s no evidence of

23   that.

24           Due to domestic violence and I m interpreting that as

25   being between the affected parent and the child, there is


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 1   an ongoing risk of harm to the parent or child.                       There s

 2   no evidence of that.

 3        The parent is impaired because of substance abuse or

 4   mental illness.        There is a -- there is a reference to a

 5   borderline disorder per her history but there s no

 6   evidence as to an ongoing impairment because of either of

 7   those.

 8        Or there are allegations that the child is at risk

 9   for any of the reasons in paragraphs one through four

10   pending an investigation.             There s no evidence to that.

11        So the presumption is rebuttable.                   It has not been

12   rebutted.     Sad thing in this case is that we basically

13   have been operating on a supervised parenting time based

14   upon a -- a -- an order that withstands hearing as to

15   whether or not there were a factual bases for the putting

16   the parenting time on a supervised basis initially.

17        And all that it s done unfortunately is aggravate the

18   entire circumstances between these two parties over the

19   last six years.

20        Now, so the child is grown up and the child is -- has

21   visited with the Court.            Um, Kimbrel case makes it clear

22   that that in and of itself is not to be the determinative

23   as to whether or not there be parenting time.

24        And the Court now has to determine, does it have an

25   adequate factual basis by which to either one, deny the


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 1   parenting time and I would say that you don t.                      And

 2   secondly, do you even have a factual basis upon which to

 3   say that it should be supervised because the child s at

 4   risk?     And I would suggest that you do now.

 5           Now, there s been some smoke and mirrors with regard

 6   to the child may be at risk because Mom continues

 7   purportedly to put images of the child or make references

 8   to the child or references to this case, uh, on the

 9   Internet.

10           Unfortunately they don t really substantiate that

11   because all of these things are things that occurred well

12   before the very first hearing.               And -- and there s been

13   evidence of --

14                HONORABLE JUDGE DAVID DEBENHAM:                  Okay.

15                MR. ROBERT DUNCAN II:              -- last September.

16                HONORABLE JUDGE DAVID DEBENHAM:                  Wait, wait,

17   wait, before --

18                MR. ROBERT DUNCAN II:             Oh.

19                HONORABLE JUDGE DAVID DEBENHAM:                    -- I --

20                MR. ROBERT DUNCAN II:             That s fine.

21                HONORABLE JUDGE DAVID DEBENHAM:                    -- at the first

22   hearing?

23                MR. ROBERT DUNCAN II:             That we had last --

24                HONORABLE JUDGE DAVID DEBENHAM:                  I m sorry --

25                MR. ROBERT DUNCAN II:              -- well, last fall.


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 1                HONORABLE JUDGE DAVID DEBENHAM:                    -- okay.     Okay,

 2   thank you.

 3                MR. ROBERT DUNCAN II:             The references in these

 4   dates are even pre-date that.              July, April, whatever.            So

 5   corrective measures have been made throughout this period

 6   of time.

 7           I mean the last reference, assuming it s true, was in

 8   July of „09.       There s a suggestion that there was a --

 9   that -- that like a spider s web, this video may have

10   again gone someplace else in December.                   I don t dispute

11   that.

12           The question is, did she do it?               And there s no

13   evidence that she did.           So that s just a smokescreen for

14   trying to suggest that she should not have some

15   unsupervised time with this child.

16           Now, let s talk about what s in the best interest of

17   the child.      Funny, that s really -- really what we re

18   supposed to be doing in the first place.

19           It s in the best interest of the child for both

20   parties to have an ongoing, uh, relationship with the --

21   with -- with the -- with their parent.

22           It s obvious to me, these two people are never going

23   to get along and I m not even trying to see that they get

24   along.     The farther apart they are is fine by me.

25           Whatever ground rules we set up so that it is an


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 1   exchange of the child so that they                    never have to see,

 2   talk or be within the presence of each other is fine by

 3   me.

 4          But those -- this aggravated circumstance shouldn t

 5   deny my client the ability to develop a relationship for

 6   the -- the last few years of her childhood until she turns

 7   18.

 8          Now, the child is 15.               The child is mobile.             The

 9   child has capability of contacting people.                       I m sure the

10   Court found the child to be eloquent and -- and capable of

11   communicating, uh, uh, to the Court, uh, what her needs,

12   wants and is capable of doing that.

13          And if any of the concerns that come forward,

14   supposedly -- they re unsubstantiated, but have been

15   suggested -- arise, I ve tried to make it clear to my

16   client on the stand under oath that she understands,

17   you re going to then have grounds to terminate any

18   parenting time/visitation whatever from thence on.

19          And that s really where we are.                   So I would ask the

20   Court to follow the law.               To follow what the statutes and

21   the cases say.           She s presumed to be entitled to parenting

22   time subject to a rebuttable presumption and there s been

23   no rebuttal in this courtroom at this time to suggest that

24   she shouldn t have anything other than what the Shawnee

25   County Guidelines provide for.


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 1        Now, I do recognize that it s probably within the

 2   purview of the Court to stair step how we get to those

 3   Guidelines so that if it s maybe some daytime visits on

 4   weekends over some period of time before there s ever any

 5   total adoption, I have no objection to that.

 6        I think that may be appropriate to phase this child

 7   back into her mother s life, uh, over the court of time.

 8   But I don t think that those have to be supervised because

 9   I don t think there s anything to rebut the presumption of

10   her entitlement.

11        Thank you, Your Honor.

12               HONORABLE JUDGE DAVID DEBENHAM:                   Okay.          Mr.

13   Hoffman?

14               MR. JASON HOFFMAN:             Judge, this case has put Mr.

15   Richardson in a very unenviable position.                    Of responding

16   to one after another of these motions and other pleadings

17   that are an extension of the lifestyle that Ms. Dombrowski

18   has created out of this case.

19        She has made it clear and the Court can take judicial

20   notice of how clear that she s not particularly impressed

21   by virtually anything that this Court has to say that she

22   needs to do to get back into compliance to enjoy the

23   benefits of her daughter s company in an unsupervised

24   fashion.

25        You ve held her in contempt once recently.                       I would


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 1   submit to you that based on the proffer that was made in

 2   the last hearing, you could find her in contempt on that

 3   motion -- second motion again.

 4        And irrespective of whether there has been a clear

 5   and convincing showing of additional posts on the Internet

 6   since our last hearing, I think you have enough there to

 7   be very concerned at the least as to what her intentions

 8   are with regard to the images of Rikki that continue to

 9   show up on the Internet.

10        This Court interviewed Rikki in chambers by agreement

11   of the parties.        And quite frankly, at 15 years old, this

12   young lady s position on the matter carries a lot of

13   weight.

14        Her concern as I understood it that was expressed to

15   you was that all of her friends could go out on the

16   Internet, find out all about her and this case.

17        Another concern was that her mother continued to talk

18   to her about that.         Her position, her view of this case.

19   And in my -- our position I suppose would be that that is

20   parental alienation at its worst.

21        Now, Hal Richardson does not sit here wanting his

22   daughter to not have a relationship with her mother.                         But

23   Rikki is a young lady.           She s highly involved in school.

24   All of this was brought to the Court s attention at the

25   last -- at the in-chambers meeting with Rikki.


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 1           The contact that was had throughout the period of

 2   time since she s been in high school has been trouble --

 3   troubling to Rikki and honestly, unsupervised parenting

 4   time at this point is really not -- cannot be in Rikki s

 5   best interest because of the impact on her mental and

 6   emotional health.

 7           And those two issues, I believe are the basis for

 8   which the Court issued its order initially that there were

 9   not going to be -- wasn t going to be any parenting time

10   until Ms. Dombrowski got back into compliance.

11           She s told us that she s in compliance.                   But you know

12   what?     She told us she was in compliance once before.                        So

13   I would simply throw those suggestions out to the Court

14   and again indicate that Mr. Richardson s position is not

15   to take the idea that Rikki should not have a relationship

16   with her mother.        She should.

17           Unfortunately Ms. Dombrowski has burnt up every

18   resource in this district to help facilitate that through

19   her conduct.       And that s not Rikki s conduct and it s not

20   Mr. Richardson s conduct.

21           So we would ask you to consider that.

22                HONORABLE JUDGE DAVID DEBENHAM:                  Ms. Dykes?

23                MS. JILL DYKES:           Thank you, Your Honor.                Your

24   Honor, um, first off I would ask the Court, um, to, uh,

25   take judicial notice of the file, uh, that is quite, um,


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 1   voluminous in this case, merely because in the short time

 2   that I have worked with Rikki, it has only been less than

 3   half of the life of the case, I have appeared before at

 4   least three judges.          I don t know if there are more.

 5        And so every time we get someone new on the case,

 6   it s almost like we have to come in and re-educate and re-

 7   establish, um, the basis of where we re at when we start.

 8        Um, I believe you ve had, um, ample opportunity to

 9   review the documents and the history of the case.                        I just

10   ask that you, um, rely on some of the information that s

11   been provided to the Court that has gotten us to this

12   point.

13        Um, the, uh, recommendation for the supervised visits

14   was made by Rikki s own therapist.                 It was Dr. Rodeheffer

15   who she was seeing who said I think supervised visits

16   would be in -- in Rikki s best interest.

17        Um, the Court followed that recommendation, ordered

18   the supervised visits and it was the supervised visits

19   with Safe Visit and then with the Odyssey Group.                       And the,

20   um, experience that Rikki had during those visits that led

21   to the comments that she made to you in chambers.

22        Um, she shared with you that, uh, at this point in

23   time she doesn t want to have visits with her mother.

24   That, um, she is not, um, in a position -- she s, uh, I

25   guess just tired.         She s tired of all of this.                 And, uh,


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 1   she -- she is not desirous at this time of having any

 2   visits, let alone unsupervised visits.

 3        Um, I question at this time, how we know whether or

 4   not Rikki would be safe if she were allowed to have

 5   unsupervised contact.

 6        Um, at the last hearing that we were at, Ms.

 7   Dombrowski provided the Court with what we have been

 8   trying to get for two years; an evaluation of her mental

 9   health.

10        And in there it says a doctor who is an MD who Mr.

11   Duncan provides today his, um, uh, criteria, um, that he

12   is a medical doctor and therefore in -- insinuates that

13   they want to rely on that diagnosis.                  But she has a mental

14   illness.     Yet she denied that that is correct.                     She denied

15   that there s any further treatment necessary.

16        But in the doctor s own report, he says that there is

17   no follow-up visit per the patient s request.                      Not because

18   he said there should be no follow-up visit but because the

19   patient requested that there be no follow-up visit.

20        So I don t know how we can ascertain that if -- if

21   Ms. Dombrowski truly does have a mental illness that Rikki

22   would be safe having unsupervised with her.

23        Um, I -- I ve asked Rikki -- every -- I think

24   everyone involved in -- in the supervise groups have asked

25   her over and over and over and because at one point we


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 1   were moving towards that.             Things were going fairly well

 2   and we thought, okay, this is -- this is going good.                         Are

 3   you ready to maybe try it?

 4        Time and time again she said no.                   I don t feel

 5   comfortable having an unsupervised visit.                    I want that

 6   security there.        I want that protection there.                  Even if

 7   the supervisor is hanging back and not right there, at

 8   least Rikki knew there was somebody there that was going

 9   to be there to protect her if things went south.

10        And, um, I ask the Court to acknowledge that and to

11   take that into consideration in making your decision

12   today.    I realize that Rikki is -- is just a child.                        She s

13   an incredibly intelligent, bright young lady and while her

14   thoughts, uh, may not be determinative, um, they should,

15   as Mr. Hoffman said, carry weight in this case.

16               HONORABLE JUDGE DAVID DEBENHAM:                   Anything else?

17               MR. ROBERT DUNCAN II:              Just very briefly.            Um,

18   Ms. Dykes is good at speculating but there s nothing

19   factual in what she said.

20        Uh, I can t speak as to what the child said, um, and

21   she -- and -- and so as Guardian Ad Litem I guess, uh, you

22   know, it is her role to speak on behalf of the child.                        And

23   I ll have to rely on what the child told the Court.

24        Um, the Court acknowledged, that -- that St. Mary s

25   fax, that was sent to the Court last summer.                     The Court


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 1   has had that report for a considerably longer period of

 2   time than the parties have.              But that -- that -- that

 3   report was sent, uh, uh, to the Court, uh, if I can find

 4   my copy again, uh, here it is, uh, on 7-15-09, uh, to --

 5   to the Court.

 6        And in fact it indicates in -- therein that it was.

 7   So I, uh, uh, so that report s been in the possession of

 8   the -- of the Court for an extended period of time as I

 9   understand it.

10        Um, supervised parenting time only works when the

11   orders of the Court are enforced by the parent who has the

12   custody of the child.           And when Dad allows the child to

13   call in and say, I m not coming because I have something

14   else to do, there s no assurance there s ever going to be

15   parenting time.

16        So what have we ended up with?                  Yeah, we were getting

17   close to an act -- a time when it might work towards the

18   end of the summer and then all of the sudden the child

19   doesn t -- isn t -- can t make any of the other

20   appointments.

21        So I -- you know, if -- if we adopt what Ms. Dykes

22   wants you to adopt, we re back in the same cycle.                        We will

23   set up parenting time, perhaps at Odyssey Group, perhaps

24   some place else, the child won t be there „cause for

25   whatever reason, Dad is not going to comply with the


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 1   orders of the Court to make sure that the child attends

 2   when the child s supposed to attend.

 3        I made it very clear in my examination of my client,

 4   she understands that when the child has obligations, et

 5   cetera that that -- that that s what -- that s what

 6   tantamount.

 7        Parenting time with the other parent at a supervised

 8   parenting time was an obligation of the child not to be

 9   scheduled over by other things.               But apparently that

10   didn t mean anything.           I have no faith that Dad is going

11   to enforce that.

12        What I think we have to do is allow for unsupervised,

13   graduated occasions into a full-blown Court, uh, Shawnee

14   County Guidelines, parenting time, uh, as well as

15   holidays.

16        That s what the law demands.                 And that s what we re

17   asking the Court to do, enforce the law.                    Thank you.

18               MR. JASON HOFFMAN:             Judge, I might suggest to

19   you that there is no evidence before this Court of any

20   sort that Mr. Richardson had any doing in cutting off any

21   supervised parenting time with any of these entities.

22               HONORABLE JUDGE DAVID DEBENHAM:                   No, I hate to

23   say, but Ms. Dombrowski said there were numerous visits

24   that weren t made and it was not because of her.                       That was

25   the only evidence that was before the Court.


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 1        You didn t put your client on the stand.                      So I mean

 2   if -- whether that s correct or not, that is the evidence

 3   before the Court.

 4               MR. JASON HOFFMAN:             Well I think the Court s

 5   restatement --

 6               HONORABLE JUDGE DAVID DEBENHAM:                   Go ahead.

 7               MR. JASON HOFFMAN:             -- of that evidence is that

 8   they weren t her fault.            She didn t suggest that they were

 9   Mr. Richardson s fault, neither did anybody else other

10   than Counsel in his closing argument.

11               HONORABLE JUDGE DAVID DEBENHAM:                   Let me first

12   start by saying Mr. Duncan is correct in the law.                            60-1616

13   (a) says every parent has a right to reasonable parenting

14   time unless the Court finds that exercise -- exercise of

15   parenting time would seriously endanger the child s

16   physical, mental, moral or emotional health.

17        He is also correct on the case citings, the Kimbrel

18   case and I have read that case a couple times prior to

19   this hearing as well as before other hearings of this

20   nature.

21        That is the law in this case.                 Now, the -- this --

22   this is the problem in this case: the supervised parenting

23   time started in 2004 and it started on a reflection of the

24   evidence.

25        The court records in this case, based on a re -- a


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 1   request by Rikki s therapist.              That was six years ago.

 2   That therapist has not testified today, nor has any other

 3   therapist testified today of that -- the reasons for

 4   supervised parenting time in 2004 are still applicable on

 5   today s date.

 6           The Court can only make a decision based on the

 7   evidence in this case.           This case is a long case.                   It was

 8   filed in 1996.        There -- there s volumes of motions in

 9   this case.

10           And the Court can take judicial notice of the file in

11   this case but child support -- excuse me, parenting time

12   and residency are changing issues during the life of a

13   divorce case.

14           What -- the decision that is made one day will not

15   hold true for eternity.            So the reasons for the supervised

16   parenting time in 2004 aren t present today in this

17   hearing.

18           There s been no evidence that those -- that those

19   reasons are here today.            The other thing is, Rikki is much

20   older today.       She is not 15 year of age.

21           That -- the need to protect her as a young child if

22   that need was there and I think I -- I m looking at the

23   past record in this case there -- there was a reason for

24   that.

25           It is not necessarily present today when she is 15


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 1   years of age at this point in time.                 At the request of the

 2   parties the Court interviewed Rikki in camera with the

 3   Guardian Ad Litem present and that was appropriate because

 4   it was a young lady.          It was appropriate to have a third

 5   party there.

 6           That third party, Ms. Dykes in this case, did not ask

 7   questions.      The Court asked those questions.                   I gave a

 8   recitation of my interview with Rikki at that point in

 9   time.

10           I told the parties and they were well -- well aware

11   of it that if she -- she is a very sharp young lady.                         She

12   has an opinion and she expressed that opinion.                      What she

13   was most concerned about was the -- the publication of her

14   name, her photograph on her mother s Web sites.

15           That s what she was most concerned about.                    Now, Mr.

16   Duncan is correct though that the law does not allow a

17   child to determine the parenting time between that child

18   and the parent.

19           The Court has to make that decision and can only make

20   it in conjunction with the child s request if the Court

21   finds that due to that request any parenting time would

22   seriously endanger the child s physical, mental, moral or

23   emotional health in this particular case.

24           We have a situation in which in September of 2000 --

25   September 27th, 2006, Ms. Dombrowski was ordered by Judge


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 1   Johnson at that point in time that she was to withdraw any

 2   and all likenesses of Rikki over which she had control

 3   that may be appearing on the Internet or any other public

 4   places or public access and further that Ms. Dombrowski

 5   was not to present the child at any public rallies,

 6   demonstrations, newscasts or otherwise, publicize the name

 7   -- the child s name or likeness in furtherance of Ms.

 8   Dombrowski s efforts in the instant case.

 9        Ms. Dombrowski was not prevented about talking about

10   the case, about sharing any of her past instances

11   regarding what had happened to her with -- with anybody

12   else in this case.         There was no gag order.               There was a

13   simple, small order that prevented her from in -- from

14   including the child into her activities.

15        That was -- that was violated and we had that hearing

16   on April 4th, 2009.          I think it was April 4th.                It was

17   about that time.

18        The Court found that as of April 4th, those

19   photographs were still accessible, that as of April 6th,

20   they were no longer accessible and I think that was due to

21   the assistance of Mr. Duncan and his -- his son in

22   removing as many of those -- of those items that they

23   could.

24        The publications that were still under the control of

25   Ms. Dombrowski -- and that was the order in this case.


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 1   The Court found that she was in indirect contempt.                           It

 2   imposed a fine.        It imposed a jail time but it also

 3   allowed Ms. Dombrowski to purge herself of that contempt.

 4   And she did by making best efforts to remove all the items

 5   that she had access to at that point in time.

 6        Ms. Dombrowski never served any jail time as a result

 7   of this particular case.

 8        There are two issues here today.                   One is the -- the

 9   show cause requesting that Ms. Dombrowski be found in

10   contempt of court.

11        The affidavit that was filed with the motion to

12   appear and show cause was a requirement of the law.                          There

13   has to be an affidavit.            That puts Ms. Dombrowski in this

14   case, on notice as to what it is that she has done so that

15   she can mount a defense in that situation.

16        However, that is not evidence of itself.                      That puts

17   her on notice of what the allegations are.                    This hearing

18   today was a hearing for those two issues; the motion for

19   parenting time and the motion to find Ms. Dombrowski in

20   contempt.

21        There has been no evidence provided today that Ms.

22   Dombrowski intentionally violated the Court s previous

23   order on April 6, 2009 or the order that this Court

24   imposed once again after finding her in contempt.

25        So for that reason, the Court will refuse to find Ms.


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 1   Dombrowski in contempt of court.

 2        I want to reiterate though, that the original hearing

 3   -- order of Judge Johnson still applies in this case and

 4   that applies continuously in this particular case.

 5        I have told -- I have mentioned that it is not

 6   Rikki s sole determination to determine whether she or

 7   anybody in her like situation for them to determine -- for

 8   the child to determine whether they will have parenting

 9   time or not.

10        There have been issues in this case.                    There have been

11   many issues in this case.             I have been in -- involved in

12   this case for a short period of time.                  But during that

13   period of time there have been numerous motions filed in

14   this case.

15        Ms. Dombrowski filed numerous motions and at one time

16   I had to -- I had to issue an order preventing her from

17   filing any motions unless she first had permission of the

18   Court because the motions were not -- they did not abide

19   by the law.      They did not raise factual allegations.                     They

20   were not valid motions to be filed and to be heard.

21        They did not allege sufficient facts.                     However, at

22   this point in time, we come to this hearing and I find

23   that the reasons for the order of supervised parenting

24   time in 2004 do not exist at this point in time, based on

25   the evidence that was presented in this hearing.


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 1        Rikki is older.           She is 15 years of age.               She has

 2   some concerns and she has some wishes.                   Her wish was not

 3   to have parenting time.            But that was based on the fact

 4   that her image and her likeness and things about her were

 5   published through her mother on the Web.

 6        I have reiterated that order that prevented Ms.

 7   Dombrowski from doing that.              There were issues on April

 8   6th, 2009 as a continuing order.

 9        Further, Rikki had -- had concerns that her mother

10   talked to her not only about the divorce case, but her

11   relationship with Mr. Richardson, but also about

12   proceedings.

13        She didn t want to be told anything that was going on

14   in this case.       That is a normal issue.               That is a normal

15   order in any divorce case that the parents are not to talk

16   to their minor children about what happens in -- in the

17   divorce case, what happens in the proceedings, what

18   happens in the hearings, what they re going to do or

19   anything else.

20        That will poison the minor children about one or --

21   toward or against one or the other parents.                     That is a

22   normal order and that order stands at this point in time.

23   And in fact, it s applicable to both parties that neither

24   party is to speak to Rikki about the proceedings or about

25   this divorce case or about their relationship with each


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 1   other.

 2        It does not present -- prevent them from talking to

 3   anybody else they choose in the world.                   But they cannot

 4   talk to their daughter.            They cannot poison the well in

 5   this situation.

 6        For these reasons, I find that it is not in -- it is

 7   not against Rikki s best interest and in fact it is in her

 8   best interest that she have a relationship with both her

 9   parents in this case.

10        Due to the fact that there has been such an extended

11   period of time in which Ms. Dombrowski has not seen her

12   daughter, we are going to start with a smaller schedule

13   than what she requested through her Counsel.

14        We are going to start with unsupervised parenting

15   time though.       And it will be at this point in time, every

16   Sunday from 1:00 PM to 3:00 PM.

17        And there are two -- Rikki, as -- as I understand it

18   can drive.      Does she have a car available to her?

19                MR. JASON HOFFMAN:            No, sir, she --

20                MS. JILL DYKES:           She cannot drive.

21                HONORABLE JUDGE DAVID DEBENHAM:                  Okay.

22                MS. JILL DYKES:           She only has a temporary little

23   permit.

24                HONORABLE JUDGE DAVID DEBENHAM:                  Okay.          At this

25   point in time, Ms. Dombrowski lives under a confidential -


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 1   - confidential address.           So she s going to be responsible

 2   -- can you drive, Ms. Dombrowski?

 3                MR. ROBERT DUNCAN II:             Yeah, we understand.

 4   She s --

 5                HONORABLE JUDGE DAVID DEBENHAM:                  You re able --

 6   you re able to drive?           Okay.

 7                MS. CLAUDINE DOMBROWSKI:              Yes, sir.

 8                HONORABLE JUDGE DAVID DEBENHAM:                  You will have

 9   the responsibility of picking Rikki up at, by 1:00

10   o clock, not earlier, and returning her by 3:00 o clock,

11   not later.      Okay?      Every Sunday at this point in time.

12        You can take her anywhere within the confines of

13   Shawnee County.        You cannot take her to any public

14   rallies, newscasts, demonstrations or anything of that

15   nature and that s the same way as the original order on

16   April 6, 2009.

17        It doesn t prevent you from engaging in those things.

18   It just prevents you from taking your daughter to those

19   activities.      Do you understand that order, Ms. Dombrowski?

20        Ms. Dombrowski, do you understand my order?

21                MS. CLAUDINE DOMBROWSKI:              Yes, Your Honor, I do.

22                HONORABLE JUDGE DAVID DEBENHAM:                  There are two

23   ways to handle this.          One is parenting time.              That is a

24   right that is given to you under the Constitution

25   basically.


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 1        It is a Constitutional Right.                 The other is the

 2   ability of the Court to find individuals in contempt of

 3   court if they violate their orders.

 4        In this situation, I will find you in contempt of

 5   court as well as I would Mr. Richardson if either one of

 6   you violate the orders of the Court.

 7        But I m not going to unless it becomes so egregious

 8   it affects the mental stability, emotional needs or

 9   physical needs of the child, I would -- I would not want

10   to cut down your parenting time.

11        But I would find you in contempt of court.                       Now, I

12   have had you in my court before and for the short period

13   of time that I have been in -- involved in this case, you

14   have done things that are not appropriate.

15        Do you understand what I am ordering in this case?

16               MS. CLAUDINE DOMBROWSKI:                Yes, I do.

17               HONORABLE JUDGE DAVID DEBENHAM:                   I want to make

18   sure that we are clear on that.

19               MS. CLAUDINE DOMBROWSKI:                Yes.

20               HONORABLE JUDGE DAVID DEBENHAM:                   That means you

21   do not -- you do not return Rikki at 3:05 or 3:10.                           Do you

22   understand?

23               MS. CLAUDINE DOMBROWSKI:                Yes, Your Honor.

24               HONORABLE JUDGE DAVID DEBENHAM:                   Okay.

25               MR. ROBERT DUNCAN II:              Your Honor, you --


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 1                HONORABLE JUDGE DAVID DEBENHAM:                  You -- you --

 2                MR. ROBERT DUNCAN II:              -- uh, Counsel have --

 3   think that the exchange should -- would best take place at

 4   the TPD.     In other words Dad would agree --

 5                HONORABLE JUDGE DAVID DEBENHAM:                  Do you want to

 6   do that?

 7                MR. JASON HOFFMAN:            Yeah.

 8                HONORABLE JUDGE DAVID DEBENHAM:                  Okay.          Ms.

 9   Dombrowski, is that okay with you?

10                MS. CLAUDINE DOMBROWSKI:               Most definitely.

11                HONORABLE JUDGE DAVID DEBENHAM:                  That is a video

12   type area, they can take videos.                We ll do it at the Law

13   Enforcement Agent then at this point in time.

14        Like I said, there is a set period of time in which

15   you have parenting time.            Do not expand that without the

16   court order.       We will get to that in just a second, okay?

17        Likewise, you re -- you re limited to the area of

18   Shawnee County at this point in time and that s based on

19   past activities that you engaged in with Rikki a number of

20   years ago.

21        Let s see how you work, okay?                 Now as I noted,

22   neither parent can have any discussion about the court

23   proceeding or the court case or about either parent with

24   Rikki.

25        You also have -- will -- you should have the ability


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 1   -- do you have telephone contact at this time?                      Every

 2   Tuesday and Thursday from 7:00 o clock to 8:00 o clock PM,

 3   you can call Rikki and you re probably going to have to

 4   find out also when she s available because of her school

 5   activities.

 6        But between that time, a telephone call that does not

 7   exceed a half an hour.           Is that okay with you?

 8               MS. CLAUDINE DOMBROWSKI:               Yes, Your Honor.

 9               HONORABLE JUDGE DAVID DEBENHAM:                   Okay.      Now --

10               MS. JILL DYKES:           Your Honor, um, can that be

11   8:00 to 9:00 just because of Rikki s schedule?                      She s

12   involved in activities after school that take her up to

13   later times.

14               HONORABLE JUDGE DAVID DEBENHAM:                   Okay, is 8:00

15   to 9:00 okay with you?

16               MS. CLAUDINE DOMBROWSKI:               Or we can adjust it to

17   Rikki s schedule.

18               MR. ROBERT DUNCAN II:              We need --

19               MS. CLAUDINE DOMBROWSKI:               Oh, yes.

20               MR. ROBERT DUNCAN II:               -- we re -- we re going

21   to get a time.

22               MS. CLAUDINE DOMBROWSKI:               Okay.

23               MR. ROBERT DUNCAN II:               8:00 to 9:00, yes.

24               HONORABLE JUDGE DAVID DEBENHAM:                   Well, and what

25   we ll do is I d like to set a set time, half hour --


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 1                MS. CLAUDINE DOMBROWSKI:               Right.

 2                HONORABLE JUDGE DAVID DEBENHAM:                    -- in that time

 3   and then Rikki is 15 so if you and she agree that it

 4   needs to be a little bit later, a little bit earlier,

 5   that s fine.

 6        But I want to give you -- make sure that you have the

 7   right to call, okay?

 8                MS. CLAUDINE DOMBROWSKI:               Thank you.

 9                HONORABLE JUDGE DAVID DEBENHAM:                  Okay?          We ll do

10   it between 8:00 and 9:00 Tuesdays and Thursdays.

11        You will still be -- you will be ordered to pay off

12   the amount that you owe to Odyssey for your past costs

13   that you ve incurred on supervised parenting time in that

14   situation.

15                MS. CLAUDINE DOMBROWSKI:               Mm-hm.

16                HONORABLE JUDGE DAVID DEBENHAM:                  Now, I want to

17   do two things.        I want to review this case in 30 days.

18   What I m specifically look at is at that point in time is

19   should we expand the amount of parenting time.

20        And Ms. Dombrowski, this is what you wish; is that

21   correct?

22                MS. CLAUDINE DOMBROWSKI:               Yes.

23                HONORABLE JUDGE DAVID DEBENHAM:                  Okay.          So that

24   gives you 30 days to show everybody that it will work and

25   you re trying to make it work.


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 1        My next alternative is to order the parties back in

 2   case management and that is -- that --

 3                MS. CLAUDINE DOMBROWSKI:               No.

 4                HONORABLE JUDGE DAVID DEBENHAM:                    -- no that --

 5   that is not -- but I ve looked at the file in this case

 6   and I ve looked at the pleadings and the motion.

 7        My next alternative is to do that because I -- in

 8   that situation, I would need a neutral party that could

 9   make recommendations.

10        I m not -- I m not going to do that at this point in

11   time but I want everybody to know that s my next

12   alternative.

13        Now --

14                MR. ROBERT DUNCAN II:             Your Honor?

15                HONORABLE JUDGE DAVID DEBENHAM:                  Yes?

16                MR. ROBERT DUNCAN II:             I would have no problem

17   and would hope that Ms. Dykes would visit with the child

18   after the Sunday visits and if there s issues, let us know

19   ASAP and not wait 30 days to all the sudden say, oh, by

20   the way --

21                HONORABLE JUDGE DAVID DEBENHAM:                  Yeah.

22                MR. ROBERT DUNCAN II:              -- so if we have a visit

23   next Sunday and there s a problem, I -- Ms. Dykes, call,

24   allow us to know.         We ll try to, you know, which will then

25   make this productive as opposed to waiting --


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 1               HONORABLE JUDGE DAVID DEBENHAM:                   I think --

 2               MR. ROBERT DUNCAN II:               -- 30 days and --

 3               HONORABLE JUDGE DAVID DEBENHAM:                     -- I think

 4   that s --

 5               MR. ROBERT DUNCAN II:               -- then it s sort of --

 6               HONORABLE JUDGE DAVID DEBENHAM:                     -- very

 7   appropriate.

 8               MR. ROBERT DUNCAN II:               -- gotcha, Your Honor.

 9               MS. JILL DYKES:            I -- I have actually no problem

10   doing that, Your Honor.            I would just ask, Rikki has said

11   to me over and over again that she does not want to go to

12   her mother s house.

13        She doesn t know where Mom lives.                   She -- she just

14   doesn t want to go somewhere where -- where no -- where

15   Dad doesn t know where she is.               Dad s not able to know

16   what the address of Mom s house is.

17               MR. ROBERT DUNCAN II:              Your -- Your Honor, we

18   have no problems that --

19               MS. JILL DYKES:            Okay.

20               MR. ROBERT DUNCAN II:               -- that the -- that the -

21   - that the initial two-hour visits over the next 30 days

22   will be at public places.

23               MS. JILL DYKES:            Thank you.

24               MR. ROBERT DUNCAN II:              Whether that be at the

25   zoo or going to the McDonald s or just, you know, TPAC or


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 1   something of that nature.

 2           So we can do that and -- and -- in that regard.

 3                HONORABLE JUDGE DAVID DEBENHAM:                   Okay.

 4                MR. ROBERT DUNCAN II:              And she s old enough to

 5   go report back to Ms. Dykes that yes, that s where we went

 6   was a public place.

 7                HONORABLE JUDGE DAVID DEBENHAM:                   Okay and -- and

 8   I think having Ms. Dykes converse with -- with Rikki after

 9   Ms. Dombrowski s parenting time is a good idea.

10           If something needs to be addressed, let s address it

11   through Counsel at that point in time.                    Let s not wait for

12   30 days and then say, hey, it didn t work out.

13           Today is January 28th.            That parenting time will

14   start this weekend, this Sunday.                 So I m looking -- I d

15   like to set something up around the first of March then.

16   I don t think we need a very long hearing.

17           But what I m looking at is, is -- I m looking at

18   how s it going?         Is -- should it be expanded or was --

19   does it need to be restricted back to supervised or -- or

20   whatever else.

21           So tell me how your schedules look.

22                MR. ROBERT DUNCAN II:              Is the Court contemplating

23   that this be a meeting with Counsel with the Court?                           I mean

24   it --

25                HONORABLE JUDGE DAVID DEBENHAM:                   What I m looking


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 1   is -- is -- is you have requested a Shawnee County

 2   parenting time --

 3                MR. ROBERT DUNCAN II:              Right.

 4                HONORABLE JUDGE DAVID DEBENHAM:                    -- Guidelines

 5   and I think that s what the goal is, to work into that if

 6   everything works right.

 7           So what I m looking at is, you know, I -- you know,

 8   if there s problems that we need to address or that this

 9   point in time in March, if there aren t problems and you

10   agree to some type of expanded parenting time, that s

11   fine.

12           If you --

13                MR. ROBERT DUNCAN II:              I m available --

14                HONORABLE JUDGE DAVID DEBENHAM:                     -- if you don t

15   agree and we need to having a hearing on it, I need to

16   make a decision then I ll do it at that point in time.

17                MR. ROBERT DUNCAN II:              I m available the first

18   week of March.         I m in DC the 8th and 9th and again on the

19   15th, 16th and 17th.

20                HONORABLE JUDGE DAVID DEBENHAM:                   Mr. Hoffman and

21   Ms. Dykes, how are you?

22                MS. JILL DYKES:            If -- if you can give me a date

23   and time, I can tell you, Your Honor, I can t --

24                HONORABLE JUDGE DAVID DEBENHAM:                   Yeah, I -- I --

25   my -- my whole week I have hearings the whole week but


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 1   what I m thinking, I could set this at 8:00 o clock in the

 2   morning one morning if that s -- that s not good?                       I m --

 3   I m sorry.

 4                MS. JILL DYKES:          I can be here by 8:30.

 5                HONORABLE JUDGE DAVID DEBENHAM:                  Okay.

 6                MS. JILL DYKES:          But I can t pull off 8:00

 7   o clock.

 8                HONORABLE JUDGE DAVID DEBENHAM:                  Okay.      Okay,

 9   let me -- what about Tuesday the 2nd of March at 8:30?

10                MS. JILL DYKES:          That s fine.

11                MR. ROBERT DUNCAN II:             I believe that s all

12   right.     May I have the Court s permission to call the

13   keeper of my calendar?

14                HONORABLE JUDGE DAVID DEBENHAM:                  Yes.      Mr.

15   Hoffman, how is that --

16                MR. JASON HOFFMAN:            That s fine, Judge.

17                MR. ROBERT DUNCAN II:             I have been -- I have

18   been banned from keeping my calendar.                  You laugh.            It s

19   true.    Do you have the calendar in front of you please?

20   March -- March 2nd at 8:30?

21                HONORABLE JUDGE DAVID DEBENHAM:                  Yes, sir.

22                MR. ROBERT DUNCAN II:              2nd.      It s a Tuesday.

23   Yeah, okay.      Mark out Division 13.              Thank you, bye.            We re

24   set.

25                HONORABLE JUDGE DAVID DEBENHAM:                  Okay, March 2nd


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 1   at 8:30.     I have a half an hour right now.                   I m thinking

 2   that is sufficient time.

 3        If we have major issues, a half an hour isn t going

 4   to do it.     And -- but if we don t have -- well, let s just

 5   see what we -- where we re at, okay?

 6        Does anybody have any questions about today s order?

 7               MR. ROBERT DUNCAN II:              No, Your Honor.

 8               HONORABLE JUDGE DAVID DEBENHAM:                   Mr. Hoffman?

 9               MR. JASON HOFFMAN:             No, Judge, the only thing I

10   would mention is, uh, not -- I don t think it was the last

11   hearing but the hearing before that, the issue of Rikki s

12   orthodontics came up.           I believe it was raised by Mr.

13   Duncan.

14               MR. ROBERT DUNCAN II:              Right.

15               MR. JASON HOFFMAN:             And I believe the Court may

16   have issued an order at that point directing my client to

17   obtain, I -- maybe even an estimate of the cost of that.

18               HONORABLE JUDGE DAVID DEBENHAM:                   On September

19   17th, the parties agreed that the Petitioner would have --

20   the parties agree that the Petitioner would have the child

21   looked at by two other orthodontists within 60 days and

22   share estimates of cost with the Respondent.

23        Both parties are responsible for half of all the

24   orthodontic care for the minor child.                  That s my notes.

25               MR. ROBERT DUNCAN II:              My understanding is she s


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 1   already got braces.

 2               MR. JASON HOFFMAN:             Correct.        With Doctors

 3   Hamilton and Wilson.

 4               HONORABLE JUDGE DAVID DEBENHAM:                   Okay.      Did she

 5   have them before that date or -- or --

 6               MR. ROBERT DUNCAN II:              No.

 7               HONORABLE JUDGE DAVID DEBENHAM:                     -- I mean --

 8               MR. ROBERT DUNCAN II:              No, no.

 9               MR. JASON HOFFMAN:             Mr. Richardson went and got

10   her evaluated and entered into an agreement with those

11   folks to perform the services.               And it is the low -- lower

12   cost of the bids I believe that were obtained.

13               HONORABLE JUDGE DAVID DEBENHAM:                   Okay.      Is there

14   an -- have you seen the cost or anything else?

15               MR. ROBERT DUNCAN II:              No.

16               HONORABLE JUDGE DAVID DEBENHAM:                   Okay.      Can you

17   share the -- well my order was -- let s see, I had both

18   parties responsible for half of all the orthodontic care.

19        I need to have you provide Mr. Duncan --

20               MR. JASON HOFFMAN:             Yes, sir.

21               HONORABLE JUDGE DAVID DEBENHAM:                     -- the

22   estimates and then with the cost that -- that this

23   orthodontic, with Mr. Hamilton -- is that who it s with?

24               MR. JASON HOFFMAN:             Dr. Hamilton --

25               HONORABLE JUDGE DAVID DEBENHAM:                   Dr. Hamilton --


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 1                MR. JASON HOFFMAN:            -- yes.

 2                HONORABLE JUDGE DAVID DEBENHAM:                    -- what his

 3   cost is.     Give them a chance to review that and then we

 4   can take that up.

 5                MR. JASON HOFFMAN:            That s fine.

 6                MR. ROBERT DUNCAN II:             If he ll just follow the

 7   Guidelines, I ll -- I ll process it and --

 8                HONORABLE JUDGE DAVID DEBENHAM:                  Okay.      Anything

 9   else?

10                MR. JASON HOFFMAN:            No.

11                HONORABLE JUDGE DAVID DEBENHAM:                  Mr. Duncan, you

12   get to do the order.

13                MR. ROBERT DUNCAN II:             Yes, sir, I figured that

14   was the case.

15                HONORABLE JUDGE DAVID DEBENHAM:                  Okay.      Thank

16   you.

17           Anything else for today s hearing?

18                MR. ROBERT DUNCAN II:             No, appreciate the

19   Court s courtesy, thank you.

20                HONORABLE JUDGE DAVID DEBENHAM:                  Okay.      That s

21   the order.      We are adjourned.

22                             [END OF HEARING]

23

24

25


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                              C E R T I F I C A T E



     I, Carol A. Roberts certify that the foregoing transcript

of proceedings in the District Court of Shawnee County, Kansas,

In the Matter of Richardson and Dombrowski, Docket No. 96-D-

217, held on January 29, 2010, was prepared using standard

electronic transcription equipment and is a true and accurate

record of the proceedings to the best of my knowledge and

ability.




                                          Signature _________________________

                                                       Date ______May 4, 2010_____




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           ERRATA SHEET FOR TRANSCRIPT OF ____________

           RE: _________________             DATE HEARD: ________




PAGE      LINE #                  CORRECTION                     REASON




                                          NAME

SUBSCRIBED AND SWORN TO THIS

_____ DAY OF _________, 200___




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