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072807 - Richardson v Dombrowski - 96D417 - 4-4-07 hearing

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072807 - Richardson v Dombrowski - 96D417 - 4-4-07 hearing Powered By Docstoc
					          IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS
                             DIVISION 4


IN THE MATTER OF THE MARRIAGE OF,    )
                                     )
HAL RICHARDSON,                      )
                       Petitioner,   )
                                     )
     v.                              )     Case No. 96-D-217
                                     )
CLAUDINE DOMBROWSKI,                 )
                                     )
                       Respondent.   )



                       TRANSCRIPT OF HEARING


     PROCEEDINGS had before the HONORABLE JOSEPH JOHNSON,
District Judge of Shawnee County, Kansas, in connection with
the above captioned matter on the 4th day of April 2007.

                             APPEARANCES



     The Petitioner appeared in person and by and through his
counsel of record, Mr. Donald Hoffman, Attorney at Law, 100
East 9th Street, 3rd Floor East, Topeka, Kansas 66612.



     The Respondent appeared in person, pro se.




                              Transcribed by: Carol A. Roberts, CSR
                                I N D E X


WITNESS                    DIRECT       CROSS        REDIRECT
None




                                  E X H I B I T S


COURT’S            DESCRIPTION                    Marked                 Admitted
  1                Internet Picture                  7                      7




RESPONDENT                 DESCRIPTION                   Offered                Admitted

None




Certificate . . . . . . . . . . . . . . . . . . . . . .                             17




          Integrity Transcription, Carol A. Roberts, Certified Shorthand Reporter
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1                HONORABLE JUDGE JOSEPH JOHNSON:                   I will now call

2    the matter of Richardson versus Dombrowski, 96-D-217.

3                MR. DONALD HOFFMAN:             Hal Richardson in person and

4    with Don Hoffman.

5                HONORABLE JUDGE JOSEPH JOHNSON:                    Very well.

6                MS. JILL DYKES:           The minor child appears not, but

7    by and through guardian ad litem, Jill Dykes.

8                HONORABLE JUDGE JOSEPH JOHNSON:                   Very Well.     Ms.

9    Dombrowski, you appear pro se; is that correct?

10               MS. CLAUDINE DOMBROWSI:               Uh, unable to afford a

11   lawyer, Your Honor.

12               HONORABLE JUDGE JOSEPH JOHNSON:                   All right, but

13   you’re appearing pro se.

14        All righty, here’s what I will have done.                        There’s

15   been a motion filed, Ms. Dombrowski, to re-establish

16   visitation and to restore parenting time with the minor

17   child.

18        I previously asked for a psychological examination.

19   I thought it could be done through Family Service and

20   Guidance.    I received a letter from that office indicating

21   that they do not do it.

22        Ms. Dykes, you’re sitting in the matter as the GAL in

23   this matter informing me that it’s your understanding that

24   there were other options that this Court could -- Cynthia

25   Turnbull would be available to do the psychological; is


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1    that correct?

2                MS. JILL DYKES:           Yes, Your Honor, however, um, I

3    think that --

4                HONORABLE JUDGE JOSEPH JOHNSON:                    All right.

5                MS. JILL DYKES:           -- this Court can, um, I

6    checked with, uh, Miss Workman (spelled phonetically) and

7    Miss Turnbull and Miss Workman is not taking on any, um --

8                HONORABLE JUDGE JOSEPH JOHNSON: Right.

9                MS. JILL DYKES:           -- evaluations at this time.

10   So I think that leaves us with Miss Turnbull.

11               HONORABLE JUDGE JOSEPH JOHNSON:                    All right,

12   we’ve confirmed the same thing.                So I’m going to order Miss

13   Dombrowski, that you are to undergo a psychological

14   evaluation with Cynthia Turnbull.

15        I’d like for you to get that scheduled within the

16   next 10 working days.           Notice the Court on that as to the

17   date of that psychological, as soon as that is complete,

18   we’ll take the motion up.

19               MS. CLAUDINE DOMBROWSKI:                Thank you, Your Honor.

20               HONORABLE JUDGE JOSEPH JOHNSON:                    Okay?     All

21   right.

22               MS. JILL DYKES:           Your Honor, will that be a

23   psych eval/parenting assessment?

24               HONORABLE JUDGE JOSEPH JOHNSON:                    That’s exactly

25   what it is.


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1                MS. JILL DYKES:           Thank you Your Honor, I just

2    wanted to make sure that that’s what it is.

3                MS. CLAUDINE DOMBROWSKI:                Your Honor, she is not

4    qualified to make a mental health diagnosis or an

5    evaluation.

6                HONORABLE JUDGE JOSEPH JOHNSON:                    No one is

7    making a diagnosis, ma’am.

8                MS. CLAUDINE DOMBROWSKI:                That’s what --

9                HONORABLE JUDGE JOSEPH JOHNSON:                    I just ordered

10   the psychological mental health evaluation for you with Ms.

11   Turnbull.

12               MS. CLAUDINE DOMBROWSKI:                That’s fine.

13               HONORABLE JUDGE JOSEPH JOHNSON:                    Ms. Turnbull

14   will make the diagnosis.            I assume that’s what she’ll do.

15               MS. CLAUDINE DOMBROWSKI:                That, that’ll work.

16               HONORABLE JUDGE JOSEPH JOHNSON:                    I’m sorry?

17               MS. CLAUDINE DOMBROWSKI:                That, that will work,

18   Your Honor, thank you.

19               HONORABLE JUDGE JOSEPH JOHNSON:                    All right,

20   good.   All right, Mr. Hoffman, journalize that.

21               MS. JILL DYKES:           Your Honor, we just have one

22   other issue.

23               HONORABLE JUDGE JOSEPH JOHNSON:                    What is it?

24               MS. JILL DYKES:           Um, I don’t know if your

25   assistant was able to give you the latest print outs on the


        Integrity Transcription, Carol A. Roberts, Certified Shorthand Reporter
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1    Web page.

2                HONORABLE JUDGE JOSEPH JOHNSON:                    Yes.

3                MS. JILL DYKES:           But there’s a new picture on

4    the computer in addition.             Um, I’ve been provided with the

5    notes that were given to my client.                  It has upset her and I

6    would prefer that, um, this behavior cease.

7                HONORABLE JUDGE JOSEPH JOHNSON:                    Ms. Dombrowski,

8    did you cause this picture of this child to be placed on

9    this Web site?

10               MS. CLAUDINE DOMBROWSKI:                No, Your Honor.            I

11   have taken all pictures off the Web site that I have

12   control of.

13               HONORABLE JUDGE JOSEPH JOHNSON:                    How did this

14   picture get there?         Does --

15               MS. CLAUDINE DOMBROWSKI:                I, I would like to --

16               HONORABLE JUDGE JOSEPH JOHNSON:                    -- does anybody

17   know?

18               MS. CLAUDINE DOMBROWSKI:                -- I don’t -- I don’t

19   know which Web site you’re talking about.

20               HONORABLE JUDGE JOSEPH JOHNSON:                    Well --

21               MS. CLAUDINE DOMBROWSKI:                I have removed all

22   images of my child from all Web sites that I have control

23   over.

24               HONORABLE JUDGE JOSEPH JOHNSON:                    Come up here so

25   you can see this, so you can see what’s going on.                            I’m


        Integrity Transcription, Carol A. Roberts, Certified Shorthand Reporter
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1    going to have this marked as an exhibit and made a part of

2    this file.

3           You see that picture on that Web site?                     Do you know

4    anything about that?          Don’t lean on my bench, please.

5                 MS. CLAUDINE DOMBROWSKI:               I -- yeah, I don’t

6    recall this, sir.

7                 HONORABLE JUDGE JOSEPH JOHNSON:                   You don’t

8    recall it?     You know nothing about that picture?                      That’s

9    what you’re telling me?

10                MS. CLAUDINE DOMBROWSKI:               Um, all pictures that

11   I have control of were removed from either of my Web site

12   there.

13                HONORABLE JUDGE JOSEPH JOHNSON:                   My specific

14   question, Ms. Dombrowski, do you know anything about this

15   picture?

16                MS. CLAUDINE DOMBROWSKI:               No, Your Honor, I do

17   not.

18                HONORABLE JUDGE JOSEPH JOHNSON:                   Okay.     All

19   right.

20          Mr. Hoffman?       I’m going to hand this document to you,

21   which I am marking as Court’s Exhibit 1 and I want you to

22   ask your client if he knows anything about this particular

23   picture.

24                       [THEREUPON, Court’s Exhibit No. 1 was

25                       marked for identification.]


        Integrity Transcription, Carol A. Roberts, Certified Shorthand Reporter
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1                 MS. CLAUDINE DOMBROWSKI:               Can I return to my

2    seat?

3                 HONORABLE JUDGE JOSEPH JOHNSON:                   I’m sorry?

4    Yes, yeah you may return.

5            Check with Mr. Richardson if he knows anything about

6    that particular picture.

7                 MR. HAL RICHARDSON:            No, sir.

8                 HONORABLE JUDGE JOSEPH JOHNSON:                   All right.    And

9    Miss Dykes, do you know a thing about this picture?

10                MS. JILL DYKES:          At first I -- we haven’t spoke

11   today but --

12                HONORABLE JUDGE JOSEPH JOHNSON:                   All right, is

13   that your Web site Ms. Dombrowski?

14                MS. CLAUDINE DOMBROWSKI:               No, Your Honor, it is

15   not my Web site.        My Web site is www.angelfury.org.

16                HONORABLE JUDGE JOSEPH JOHNSON:                   Where did this

17   particular picture comes from Ms. Dykes, do you know about

18   this Web site?       Is it on a Web site out there somewhere?

19                MS. JILL DYKES:          Your administrative assistant,

20   I believe is the one who --

21                HONORABLE JUDGE JOSEPH JOHNSON:                   Well that’s my

22   -- that’s my point.          Is that a Web site that’s listed under

23   Ms. Dombrowski’s name?

24                MR. HAL RICHARDSON:            Yes.

25                MS. JILL DYKES:          Well it has her name up here at


        Integrity Transcription, Carol A. Roberts, Certified Shorthand Reporter
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1    the top --

2                 HONORABLE JUDGE JOSEPH JOHNSON:                   That’s what I

3    thought.

4                 MS. JILL DYKES:          -- Claudine Dombrowski, active

5    -- advocate for victim’s rights.                 And it gives all of her

6    information.

7                 HONORABLE JUDGE JOSEPH JOHNSON:                   Ms. Dombrowski,

8    take another look at Court’s Exhibit 1 and tell me now you

9    have nothing to do with this particular Web site?

10                MS. CLAUDINE DOMBROWSKI:               I do not own that Web

11   site, Your Honor.         I own one Web site and it’s called

12   www.angelfury.org.         That is the only Web site I have any

13   control over.

14           That Web site has no images, has nothing related, to

15   even do with this case at all, period, www.angelfury.org.

16   This is not my Web site.            I -- I don’t know whose -- say --

17                HONORABLE JUDGE JOSEPH JOHNSON:                   See I find all

18   of this very, very funny.

19                MS. CLAUDINE DOMBROWSKI:               www.UAADV.org.           United

20   Angels Against Domestic Violence dot org.

21                HONORABLE JUDGE JOSEPH JOHNSON:                   What is that?

22                MS. CLAUDINE DOMBROWSKI:               That’s another Web

23   site.    I don’t own UAADV.

24                HONORABLE JUDGE JOSEPH JOHNSON:                   Do you have

25   anything to do with it?


        Integrity Transcription, Carol A. Roberts, Certified Shorthand Reporter
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1                 MS. CLAUDINE DOMBROWSKI:               No, I don’t.

2                 HONORABLE JUDGE JOSEPH JOHNSON:                   Well why is it

3    that they have your name associated with that Web site and

4    a picture of your child on it?

5                 MS. CLAUDINE DOMBROWSKI:               Mm -- this case has

6    been pretty national.           There’s a lot of stuff out on the

7    World Wide Web that was grabbed.

8                 HONORABLE JUDGE JOSEPH JOHNSON:                   Okay.     All

9    right, well, that’ll be order of the Court.                      Now --

10                MR. DONALD HOFFMAN:            Your Honor, before we leave

11   that subject.       You’d asked my client about that one, about

12   that exhibit?

13                HONORABLE JUDGE JOSEPH JOHNSON:                   Yeah.

14                MR. DONALD HOFFMAN:            What you have -- the other

15   documents you have in front of you are notes given to the

16   child at school during the lunch hour by Ms. Dombrowski.

17   Messages to her that we believe are alienating to her

18   father and which also include documents that came off of

19   the Internet that speak towards the very problems that Ms.

20   Dombrowski has continuously flooded this child with over

21   the years.

22        This occurred this year.               Those -- I provided those

23   to the guardian ad litem in February.

24                MS. CLAUDINE DOMBROWSKI:               I have not had contact

25   outside the extreme supervised visitation for the past four


        Integrity Transcription, Carol A. Roberts, Certified Shorthand Reporter
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1    years with my child.          I don’t even get phone calls.

2                MR. DONALD HOFFMAN:             This little child brought

3    these home from school.

4                HONORABLE JUDGE JOSEPH JOHNSON:                    Did you write

5    these notes, Ms. Dombrowski?

6                MS. CLAUDINE DOMBROWSKI:                I can’t see those,

7    Your Honor.

8                HONORABLE JUDGE JOSEPH JOHNSON:                    Come and see.

9    Did you write those?

10               MS. CLAUDINE DOMBROWSKI:                When I think about in

11   your dreams, I’m not --

12               HONORABLE JUDGE JOSEPH JOHNSON:                    No, ma’am, you

13   don’t need to read it.           I can read it.           Did you write those

14   notes, is my question?

15               MS. CLAUDINE DOMBROWSKI:                Uh, I don’t recall --

16   yeah, but yeah, that looks like my handwriting.                         I write --

17   I --

18               HONORABLE JUDGE JOSEPH JOHNSON:                    Did you give

19   those to your daughter?

20               MS. CLAUDINE DOMBROWSKI:                I mail her cards every

21   week.

22               HONORABLE JUDGE JOSEPH JOHNSON:                    Did you give

23   those to your daughter?

24               MS. CLAUDINE DOMBROWSKI:                If they were e-mailed

25   to her -- or not e-mailed, I’m sorry.                   I’m not allowed to


        Integrity Transcription, Carol A. Roberts, Certified Shorthand Reporter
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1    e-mail with her, um, I write her cards every week, yes,

2    sir.   And I give her inspirational quotes of the day.

3                MR. DONALD HOFFMAN:             Well, Judge --

4                MS. CLAUDINE DOMBROWSKI:                But they go through

5    the mail, the U.S. Postal Service.

6                MR. DONALD HOFFMAN:             -- look at the -- look at

7    the -- look at the e-mail this, uh, the, the printed

8    material that -- those documents that -- if you look at the

9    subject matter for that and the next one especially.                         What

10   it does is just invite --

11               MS. CLAUDINE DOMBROWSKI:                I have not done this.

12               MR. DONALD HOFFMAN:             -- alienation.

13               MS. CLAUDINE DOMBROWSKI:                I only handwrite

14   documents, sir, that are -- go to the U.S. Postal Service

15   to her home.

16               HONORABLE JUDGE JOSEPH JOHNSON:                    So you have no

17   idea how this child received these printed documents?

18               MS. CLAUDINE DOMBROWSKI:                No, I, I only sent her

19   cards with little handwritten inspirations on them.

20               MR. DONALD HOFFMAN:             Judge, I can proffer to

21   you, we don’t drag this child up here every time we go

22   through this drill.

23               MS. CLAUDINE DOMBROWSKI:                You know you’re just

24   trying to take away --

25               MR. DONALD HOFFMAN:             But I will tell you --


        Integrity Transcription, Carol A. Roberts, Certified Shorthand Reporter
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1                HONORABLE JUDGE JOSEPH JOHNSON:                    Don’t

2    interrupt, ma’am, don’t interrupt.                  Go ahead.

3                MR. DONALD HOFFMAN:             But I will tell you that

4    this child brought those to, to her father and expressed to

5    him, her concern about them.               And that they were given over

6    to her by her mother.

7         And that’s been within the last 60 days that that

8    happened.    And if we need to -- I mean this child is old

9    enough now, she can --

10               MS. JILL DYKES:           Your Honor, I don’t -- Your

11   Honor --

12               MR. DONALD HOFFMAN:             -- witness these things.

13               MS. JILL DYKES:           -- I don’t know what she’s

14   trying to say to me, but she’s trying to carry on a

15   dialogue with me while you guys are talking and I’m finding

16   it difficult --

17               HONORABLE JUDGE JOSEPH JOHNSON:                    All right,

18   listen, listen, listen, all right listen.

19               MS. JILL DYKES: -- to --

20               HONORABLE JUDGE JOSEPH JOHNSON:                    Listen, now,

21   Ms. Dombrowski, you know, really.

22               MS. CLAUDINE DOMBROWSKI:                Yeah.

23               HONORABLE JUDGE JOSEPH JOHNSON:                    Listen to me.

24   All right, let’s stand back here, don’t ever turn away from

25   me when I’m talking.          All right, here’s what I want done.


        Integrity Transcription, Carol A. Roberts, Certified Shorthand Reporter
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1    I want this evaluation done by Ms. Turnbull.

2         You’re having your visitations through Safe Visit,

3    all right?     There are to be no cards given, no documents

4    given, no literature given to this little girl at all.

5                 MS. CLAUDINE DOMBROWSKI:               I’m not -- I’m not

6    allowed to mail her cards?

7                 HONORABLE JUDGE JOSEPH JOHNSON:                   That’s right.

8    That’s right, you’re not to give her anything.

9                 MS. CLAUDINE DOMBROWSKI:               That goes through her

10   father.

11                HONORABLE JUDGE JOSEPH JOHNSON:                   That --

12   everything goes to her father or to the guardian ad litem.

13   Pick your -- of the two, pick your choice.                      Don’t make me

14   any difference which one you use.

15                MS. CLAUDINE DOMBROWSKI:               But I have been

16   sending them to her home.

17                HONORABLE JUDGE JOSEPH JOHNSON:                   You do not send

18   anything.    Did you hear what I said?                 Anything you want

19   this little girl to receive, you either give it to Dad or

20   you give it to guardian ad litem.                 That’s it, now.            And I’m

21   doing this for your own good, ma’am, because I’m going to

22   tell you something.          I am of the mindset that you know a

23   lot more about this information that’s contained in Court’s

24   Exhibit 1 in this matter and the document I’m holding in my

25   hand than you’ve owned up to.


        Integrity Transcription, Carol A. Roberts, Certified Shorthand Reporter
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1         But I’m going to give you the benefit of the doubt.

2    So to clear you and make sure that this doesn’t happen

3    again, I’ve now clearly instructed you, do not give

4    anything to your daughter that you have not passed through

5    her father or the guardian ad litem until further order of

6    this Court.      Do you understand me?

7                MS. CLAUDINE DOMBROWSKI:                Not completely, sir.

8    Do I -- can I -- do I mail it to her father?

9                HONORABLE JUDGE JOSEPH JOHNSON:                    You do not mail

10   anything.

11               MS. CLAUDINE DOMBROWSKI:                I do not have contact

12   with Rikki or her father?

13               HONORABLE JUDGE JOSEPH JOHNSON:                    That’s right.

14   You can give it to him through his lawyer, if you choose.

15   Or you can give it by mail to the guardian ad litem.                           I

16   don’t want you mailing anything to Mr. Richardson’s

17   address.    Because the little girl may receive it and then

18   I’m in the same boat I’m in now.                 How did she get it?

19        Now, the reason I am giving you this option is

20   because I’m trying to err on the side of caution.                            The only

21   other way I can assure that this child not receive the kind

22   of information that I’m now holding in my hand, as I

23   ordered, she was not to have access to, is to cut you off

24   all together.

25               MS. CLAUDINE DOMBROWSKI:                I understand that,


        Integrity Transcription, Carol A. Roberts, Certified Shorthand Reporter
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1    Your Honor.

2                HONORABLE JUDGE JOSEPH JOHNSON:                    Okay, I don’t

3    want to do that.        So that’s my order.             And you understand

4    it clearly?

5                MS. CLAUDINE DOMBROWSKI:                Yes, Your Honor.

6                HONORABLE JUDGE JOSEPH JOHNSON:                    Okay, good.

7    All right, that concludes this matter.                    We’re adjourned on

8    this one.    Thank you all.           Let’s get this moving.

9                        [END OF HEARING]

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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 the Marriage of Richardson vs. Dombrowski, Docket

No. 96-D-217, held on April 4, 2007, 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 ______July 29, 2007_______




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          ERRATA SHEET FOR TRANSCRIPT OF ____________

          RE: _________________              DATE TAKEN: ________




PAGE      LINE #                CORRECTION                     REASON




                                        ____________________

                                        WITNESS’ NAME

SUBSCRIBED AND SWORN TO THIS

_____ DAY OF _________, 200___

_____________________________




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