NO: HHD-FA12-4065159-s. : SUPERIOR COURT TANYA TAUPIER : JUDICIAL DISTRICT OF HARTFORD ve : AT HARTFORD, CONNECTICUT EDWARD TAUPIER : SEPTEMBER 2, 2014 PLATINFF’S APPLICATION FOR EMERGENCY EX PARTE ORDER OF CUSTODY HEARING BEFORE THE HONORABLE JORGE A. SIMON, JUDGE APPEARANCES: Representing the Plaintiff: ATTORNEY GERALDINE FICARRA ATTORNEY MICHAEL RUBEN PECK 3 Scholes Lane Essex, Connecticut 06426 Representing the Defendant: ATTORNEY ALISHA CARRIE MATHERS P.O. Boxd65 Enfield, Connecticut 06083 Recorded By: Mary Enderlin Transcribed By: Donna Lee Malone Court Recording Monitor Certified Shorthand Reporter 90 Washington Street Hartford, Connecticut 0610610 qa 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 (The Court entered.) THE MARSHAL: Court is now back in session. Good afternoon, Your Honor. THE COURT: Good afternoon, Marshal. Good afternoon, ladies and gentlemen. THE CLERK: Good afternoon, Your Honor. THE COURT: All right. This is the case of Tanya Taupier and Edward Taupier. Can I have counsel identify themselves for the record, please. ATTY. FICARRA: Good afternoon, Your Honor. Geraldine Ficarra, representing Tanya Taupier who is with me in court. ATTY. PECK: May it please the Court. Attorney Michael Ruben Peck, Your Honor. THE COURT: Thank you. ATTY. MATHERS: Alisha Mathers, Your Honor, representing Mr. Taupier. THE COURT: All right. Thank you. If I can have both parties pay attention to my clerk, please.1 |TANYA TAUPTER 2 of 155 Windermere Avenue, Ellington, Connecticut, and 3 |EDWARD TAUPTIER 4 of 6 Douglas Drive, Cromwell, Connecticut, were duly 5 sworn, and testified as follows: 6 THE CLERK: Please state your full name and 7 address for the record, starting with you, ma‘am. 8 THE PLAINTIFF: Tanya Taupier, 155 Windermere 9 Avenue, Unit 2404, in Ellington, Connecticut 06029. THE CLERK: Thank you. Sir? THE DEFENDANT: Edward Taupier, 6 Douglas Drive, Cromwell, Connecticut 06416. 14 THE CLERK: Thank you. 15 THE COURT: All right. Everyone, have a seat, 16 please. 7 TRE PLAINTIFF: Thank you, Your Honor. 18 THE COURT: I will note for the record that the 19 Court is aware of the fact that Mr. Taupier has been 20 arrested for allegedly threatening one of the judges 21 here at the courthouse, that the Court has been made 22 aware of the circumstances of the case. Obviously, 23 the presence of additional marshals indicates the 24 seriousness of the charges against Mr. Taupier. 25 The Court will also note that it is aware that 26 Mr. Taupier had initially posted his bond set by the 27 Court over the weekend and that subsequent to his1. 12 13 14 15 16 17 25 26 al appearance this afternoon or late morning that his bond was increased by the Court and that Mr. Taupier, obviously, is in custody as he stands before the Court here this afternoon I will also note for the record that as the new presiding judge for the district, I had already, as of last Wednesday, taken this case for my personal involvement due to the age of the case and due to the nature of the proceedings to move this case along because it’s now getting somewhat aged; and it was my intention as of last week to take over this matter prior to the allegations brought against Mr. Taupier by the state police. So that my involvement here today does not in any way indicate the Court’s, I want to say, transferring the case solely on the allegation, but it was my intention some time ago to do this. So for today’s purposes, the -- ATTY. MATHERS: Your Honor, may — THE COURT: One second. I will note that Attorney Peck has filed, I believe, an appearance as -~ is it for cocounsel or -- ATTY. PECK: Yes, sir. THE COURT: Cocounsel? ATTY. PECK: Yes. Attorney Ficarra is lead counsel, Your Honor.10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 THE COURT: All right. Thank you. I'11 note your appearance. I also was provided, Attorney Mathers, your appearance -~ ATTY. MATHERS: Yes, Your Honor. THE COURT: -- on behalf of Mr. Taupier. T believe that he had been previously represented by Attorney Hurvitz when I read the file, then represented by Attorney Fatima Lobo’s office. He then filed an appearance pro se on his own behalf; and you're entering an appearance from here forward on his behalf ~~ ATTY. MATHERS: Yes, Your Honor —— THE COURT: -- in this matter? ATTY. MATHERS: -- I am. THE COURT: Thank you very much. Before the Court today is the ex parte motion that had been filed by the plaintiff in this particular matter as to the issue of schools and in that ex parte motion requested temporary custody of the children -- of the children to the mother; no visitation to the father; that the respondent not remove the children from the state of Connecticut; not interfere with the applicant’s custody of the children or -- and not interfere with the educational program of the children An affidavit was provided. The Court -- Judge | |10 a1 12 13 1 18 19 20 21 22) 23 24 25 26 27 Bozzuto -- in her August 25 ruling state parties shall abide by the court order coded as No 127, dated August 13, 2013. Consistent therein, the children shall attend school in Ellington forthwith. That was the order of the Court. The Court at that time did not address any of the other requests made by the plaintiff in regards to sole custody -~ temporary sole custody, suspension of visitation, and things of that nature. So this hearing this afternoon is to proceed as the plaintiff's wish to proceed on the request for orders to be entered as to the requested - ATTY. MATHERS: Your Honor, may -- if may briefly, before we proceed? The criminal Court felt that it was appropriate to send the matter to Middletown to avoid any appearance of impropriety, and I just wanted to know if the Court felt that they were -- that you would be able to maintain -- are you comfortable with maintaining this case here? THE COURT: I feel very comfortable proceeding ATTY. MATHERS: Okay. Thank you, Your Honor TRE COURT: So, the request was for -- it was an ex parte, so -- and the ex parte was denied as to the temporary custody and change of things of that nature; and there was -~ there was no motion to ~~ there was no motion to modify the present order10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 attached with the ex parte motion unless it was not for some reason included in the that documents I received. ATTY. FICARRA: Well, actually, the -- Your Honor, in view of the fact the motion for the transfer of custody was not granted in the ex parte motion, then I've made a new motion today for an ex parte motion to deal with the -- and if I may approach - THE COURT: You can give it to the marshal. ATTY. FICARRA: -- to deal with the temporary custody and visitation issues, Your Honor. ATTY. MATHERS: And I would object to that being heard today, Your Honor, as the -- certainly could be reviewed by the Court and then a new date assigned -- I'll continue my arguments after she finishes. ATTY. FICARRA: I think that there’s been ample | notice, Your Honor, since the respondent was certainly notified that we were interested in making a temporary motion for a transfer of custody; and, Your Honor, in view of the activities that have transpired since my ex parte motion was granted, I think that it is appropriate for the Court to hear -~ and, in fact, I could walk over to the clerk’s office and file an ex parte motion. I’m just doing it here so that -- with everybody here, you know, present otherwise, I can just walk over to the clerk's |10 11 12 13 14 15 16 17 18 20 21 22 23 25 26 27 office. For efficiency, I think it would be helpful There’s certainly not any constitutional issue of no notice. There’s plenty of notice And there be -~ under the current parenting plan, Mr. Taupier is supposed to see the children on Thursday night, and we have an issue with that, and it needs to be addressed; and I don't want to put my client in the position where she is in a contempt situation by withholding the children. So, I would ask that it would be for the benefit of the children that we have this matter resolved now ATTY. MATHERS: Your Honor, the purpose of an ex | parte is when there’s imminent -- immediate or present risk of physical danger or psychological harm to the child. The children were -- are no longer in the Cromwell school district. They were there for one morning, started school, when mother had the police escort the two young children out of the school and probably created more physical harm to the children doing that than allowing them to finish the first day of school and registering them in Ellington the next day. There -- this -- the first ex parte needs to be vacated. There’s no imminent threat alleged in here There’s no physical harm to them alleged in here. The children are now in the school that they were --10 i 12 13 14 is 18 19 20 21 22 23 24 25 26 27 that was ordered for them to be into. And as far as contempt, children -~- mother withheld the children from father’s entire week, which was by the -~ this earlier summer order was father’s week. THE COURT: Well, the contempt is now before me. I think that's scheduled for -- What date was the contempt motion? THE CLERK: It’s next week, Your Honor. THE COURT: Next week? THE CLERK: Mm-hmm. THE COURT: Okay. I mean, the contempt is, in and of itself, an issue that I'll address next week. ATTY. MATHERS: That’s fine, Your Honor. THE COURT: What's before me, obviously, is the request for an ex parte order to issue based on the present circumstances of the case involving Mr. Taupier. So, rather than to, let us say, review it, and to decide whether or not to sign it just based on the bare application, I think, it’s probably better to vent the request for the ex parte emergency order at this time while everyone’s here -- everyone’s present. Everyone has a pretty good idea what's being requested and why it is being requested -- and to proceed with that request at this time. ATTY. MATHERS: Are you talking about the August 24 one or the one that she just passed10 11 12 13 15 16 7 18 19 20 21 22 23 24 25 26 27 forward? THE COURT: I’m talking about -- what we have procedurally is, there was the original ex parte order -~ ATTY. MATHERS: Mm-hmm. THE COURT: -- that did not contain with it a motion to modify the current plan ATTY. MATHERS: Correct. THE COURT: So that was denied because it based -- it was based -- the issue for the request for temporary custody was denied and that the order was that the parties remain -- that the children remain in the Ellington school system -~ ATTY. MATHERS: Mm-hmm. THE COURT: -- consistent with the prior orders. So the Court basically said, that being the case, I’m just going to order that the children be returned to the Ellington school and did not address anything else. Now Counsel is requesting by way of this new application for an ex parte order to address the -- ATTY. MATHERS: Is there a modification attached to that? THE COURT: -- what appears to be temporary custody to the mother of the children and supervised visits to the father, again requesting that the children not be removed, not interfere with the10 1. 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 10 custody of the children by the mother and to maintain their educational program; and this is based on new facts than what was submitted to the Court previously because what -- obviously, what transpired since the last ex parte before Judge Bozzuto has changed substantially -- you know, the facts. So ATTY. MATHERS: I guess, Your Honor, my question | is where are they basing their facts? Are they going to be putting on witnesses; are they going to put the state police on; or what are they going to be doing as far as presentation that these are in fact the facts of the case? THE COURT: Oh. If these were the facts represented to the Court, then I would take this, and I would decide whether or not to sign this ex parte order and grant the relief that’s requested —- ATTY. MATHERS: Mm-hmm THE COURT: -- with or without -- ATTY. MATHERS: I understand. THE COURT: -- without your input ATTY. MATHERS: Yes, I understand that, Your Honor. THE COURT: So, I think what Counsel is saying is, since you're here -- ATTY. MATHERS: She wants to put on -- THE COURT: -- since Mr, Taupier is here, rather than to do it outside the scope of any other10 11 12 13 16 17 18 19 20 21 22 23 24 25 26 11 evidence, to give you the opportunity to question the request that’s being made on behalf of your client and to do that here and to have the opportunity here today rather than my just look at this, perhaps sign it, perhaps reject it, but then to set it down for a hearing in any event. So she’s saying, Let's hear it now; Let’s vent it now, and that makes perfect sense But at the same time, I will order that along with this application that you file, if you have not filed a motion, to modify the current order of custody, which would be a requirement. So if that’s what you're seeking, you have to provide that motion as well. So can I assume for today’s purposes, that it's your intention to file a motion to modify the current order of custody consistent with your emergency ex parte order? ATTY. FICARRA: It is indeed, Your Honor. THE COURT: It is. Okay. All right So that being the case, I will, at this time proceed to hear evidence as to the ex parte order for temporary custody of the child, and then to allow counsel to file the motion to modify custody-- the current order of custody currently in place between mother, father, and the children. So, that being the case, Attorney Ficarra, who’s your first witness?10 11 12 13 15 16 17 18 19 20 22 23 24 25 26 27 12 ATTY. FICARRA: Yes. I’d like to call Tanya Taupier, Your Honor. THE COURT: All right. Ms. Taupier, please And again, I just remind everyone that -~ Please, have a seat. THE PLAINTIFF: Thank you THE COURT: -- just remind everyone that this is, again, a request for a temporary order pending the final orders that are to be entered by way of @ motion to modify or the trial itself, which, I understand is scheduled -- ATTY. MATHERS: November THE COURT: -- for some time in November Correct? ATTY. MATHERS: End of November, Your Honor. THE COURT: And we're going to proceed with that date in November. I wanted to make that clear as well. There’s not going to be any more continuances by anyone. ATTY. MATHERS: That’s fine; but before we proceed with the witness, there was a request by Mr Taupier’ prior to my appearance being filed for a special masters. I certainly think that it would be appropriate to try to schedule a special masters with caseflow to see if we can vent the financial issues perhaps narrowing the length of the trial. THE COURT: I/11 squeeze you in for a spe10 11 12 7 18 19 20 21 22 23 24 25 26 27 13 masters —— ATTY. MATHERS: Thank you. THE COURT: -- as quickly as I can. ATTY. MATHER Thank you, Your Honor. ATTY. FICARRA: Your Honor, the request, Your Honor, is that disclosure be made before we sit down with a special masters. THE COURT: Well, put it to you this way Whatever -- whatever cooperation or lack of cooperation has been part of this file up to date, if it means that the Court that has to proceed with assumptions and guesstimates of value and things of that nature because there has been the lack of cooperation in regards to providing financial information, financial background values, and things of that nature, as I have in previous cases, I/11 just -- I'll guess at how much I think business is worth based on the income tax returns and other items that have been presented to the Court, and I’1l make a determination of what I think the value is and then decide what is an equal, fair distribution of the assets based on that. So, if you get discovery, good. If you don’t get it, give me a guess of what you think it’s worth and why you think it’s worth that; and if I think that there’s been lack of cooperation in providing the information the Court's required as part of10 11 12 13 14 15 16 18 19 21 22 23 24 25 26 27 14 discovery, I'll use your best estimate of what I think the value of anything is worth -~ house, cars, businesses, whatever it may be. I'll make that determination. Obviously, it’s in everyone’s best interest to have actual numbers available to have a proper determination of what value is, but minus actual paperwork, I have to take a guess at it. ATTY. MATHERS: I agree, Your Honor. THE COURT: Okay. ATTY. MATHERS: We -- we -- THE COURT: So I will squeeze you in for purposes of a special masters as soon as possible. ATTY. MATHERS: Thank you, Your Honor. THE COURT: Okay. ATTY. FICARRA: Your Honor, just so that it’s clearly understood, the motion that was filed by Mr. Taupier when he was self-represented was that the special masters be in lieu of Family Relations study, which we are certainly objecting to that. THE COURT: Well, look, Family Relations is a separate -- ATTY. FICARRA: Okay. THE COURT: -- entity than special masters. Special masters are going to be there for the issues -- financial issues -- how much is this worth; how much is alimony worth; child support; all those kinds of things.10 11 12 13 14 15 16 18 19 20 21 22 23 25 26 27 15 ATTY. MATHERS: | Mm-—hmm THE COURT: That's a separate thing. Family Relations is having them make a recommendation to me in regards to what they believe to be an appropriate disposition regarding the children -- access custody, visitation, child support figures, things of that nature. If, again, they are unable to do their job because of lack of cooperation with Family Relations and its officers, they will present me what they have in regards to whom they’ve interviewed, what those people have told them, and then to just provide me that information If they can’t make a recommendation, they can’t make a recommendation; but being around 18 years, I'll make my own orders, what I think is fair. Based on the background and based on the case, I’11 decide. | So, if Family can’t do their job because someone doesn’t want to cooperate, I‘11 do my job, and I’11 make those decisions outside of their realm. ATTY. MATHERS: Yes, Your Honor ATTY. FICARRA: May I proceed? THE COURT: Please.10 11 12 13 14 15 16 17 21 22 23 24 26 27 TANYA TAU PIER, having been previously sworn, testified as follows: DIRECT EXAMINATION BY ATTY. FICARRA. Q Mrs. Taupier, after the ex-parte ordered was granted last Monday, on the 25", what -- where were the children on the following school day? A They were brought to school to Cromwell the morning of the 27", which was a Wednesday. Q And was there some kind of a meet-and-greet on Tuesday, the 26", where the children were brought to school? A Yes. It’s my understanding that there was a meet— and-greet on Tuesday afternoon with the kids’ new teacher in Cromwell. Q Okay. And who arranged all of this? A Mr. Taupier. Q And this was after the ex parte order the children were to be in Ellington; is that correct? A Correct. Q Okay. And did you talk to Mr. Taupier and ask that the children be released from him so that they could go to Ellington? A Yes. I showed up to pick up the children Sunday at [7:00 p.m. per -- per summer plan court order, and they were not present. I waited about a half an hour and then went to the police and asked for police to help me to try to locate10 11 12 13 14 16 a7 18 19 20 21 22 23 25 26 27 17 them. So the police accompanied me to the home and could not locate -- Ted wasn't returning phone calls ~~ either home or cell or emails -- and he wasn't returning the phone calls of the police either. So, at that point, they told me I’d have to handle this, you know, through the court. ATTY. MATHERS: Objection. Hearsay. | THE COURT: Sustained. |by arty. FICARRO: ° All right. So as a result of the conversation that you had with the police -~ ATTY. MATHERS: Objection. Leading. THE COURT: Sustained. THE WITNESS: Okay. BY ATTY. FICARRA: Q So what, if anything, did you do in furtherance of the court order that was entered on -- on the 25"? of August? ‘A When I could not get the children back ~~ I understand that Mr. Taupier was served the court order. ATTY. MATHERS: Objection. Personal knowledge. I don't know how she understands —- BY ATTY. FICARRA: Q The marshals served Mr. Taupier? ATTY. MATHERS: Objection. How does she know the marshal served Mr. Taupier? THE COURT: 1/11 sustain the objection.10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 18 ATTY. FICARRA: Proceed. THE WITNESS: Thank you. ATTY. FICARRA: Tell us what you did. THE WITNESS: So from what I -- I met with the marshal, The marshal told me he was going to serve -- ATTY. MATHERS: Objection. Hearsay. ATTY. FICARRA: Without quoting what somebody else says. THE COURT: 1/11 sustain the objection. Ms. Taupier, whenever you want to say what someone said to you -- THE WITNESS: Yep. THE COURT: -- okay, you can’t say that. THE WITNESS: Okay. THE COURT: You can say how you responded based on what someone said to you without exactly saying what they did. THE WITNESS: Okay. THE COURT: What they said to you. So just listen to your attorney’s request -- THE WITNESS: Mm-hmn. THE COURT: -- her questions, without saying what someone else actually said. THE WITNESS: Okay. THE COURT: Someone -- what you -- what you —— how you acted based on certain information. Okay?10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 19 THE WITNESS: Okay. I met with the marshal and provided him two copies of the court order. BY ATTY. FICARRA: Q And then what, if anything, did you do on Wednesday? A Wednesday, I contacted the Cromwell school and asked if the children were brought to school; and they were. ° And what did you do after that? A I then went to Cromwell police and asked for the police to assist in accompanying me to the school to get Gabriel and Sara out. Q And did you have a certified copy of the court order with you? aA I did, and I provided that to the police in Cromwell. 9 And did the police go with you to Cromwell? A They did. Q Okay. And do you remember what time it was? A It was approximately ten-thirty. ° And what did you do when you went to the school? A The superintendent was standing outside the school. I met the superintendent, and then I waited for the children in the principal’s office. I -- first, Gabriel came down and then Sara, and then we exited the school. I notified the police officer that Ted was in the parking lot, he was holding a camera; and I said, I'd like10 11 12 13 14 15 16 17 18 22 23 24 25 26 27 20 to make t! possible, screaming Q A the parkii BY ATTY. it tal ha his as, you know, unobtrusive to the children as to get them into the car, and Ted started their names. From there, the police -- And you saw Ted yourself? Yes. I notified the police that I did see Ted in ng lot, and the police asked Ted -~ ATTY. MATHERS: Objection. THE WITNESS: I saw the police ask Ted -- ATTY. MATHERS: Objection. THE COURT: Sustain the objection FICARRA: Did Ted speak to the police? He did What did he say? He said, I want to hug —— ATTY. MATHERS: Objection THE WITNESS: He ~~ ATTY. FICARRA: No. That is -- that isn’t -- - whatever Ted says is an exception to the hearsay rules of party admission. THE COURT: You heard what he said? THE WITNESS: I did. He said, I want to hug my kids before they’re ken away. So he had Gabriel. Gabriel got in the car. He d Sara and said, I’m such a horrible father. This10 11 12 13 14 15 16 7 18 22 23 24 25 26 27 21 is because I'ma terrible father. I’m such a terrible father, and now your mother’s taking me away om you. I put the -- I put Sara in the car, and he said, This will all be on You Tube tonight. And I buckled them in and tried to -- and brought them to Ellington. BY ATTY. FICARRA: Q Okay. And what happened at Ellington? A In Ellington, I called the principal. I explained what was going on, and the principal advised that -~ ATTY. MATHERS: Objection. Hearsay. THE WITNESS: -- I -~ THE COURT: I’ 11 sustain the objection. BY ATTY. FICARRA: ° Were you able to let the children walk right into school in Ellington? A No. I had to wait until they withdraw -- were formally withdrawn from Cromwell and then had to ensure that they were transferred to Ellington. That took several hours, and then I received an email from the assistant principal stating that I could bring them ~~ ATTY. MATHERS: Objection. Hearsay to what the email said. THE COURT: I'11 allow that. BY ATTY. FICARRA: ° All right. So then -- so then the children —17 18 19 20 21 22 23 24 25 26 27 22 A Mm-hmm? Q -- by Thursday did the children start -- A They did. Q -- a normal day? A Yes, they started Thursday morning. Q All right. And by the way, where did the children go to school last year? A Ellington. Q At Ellington. A Yeah. They had never been at Cromwell. @ Okay. And did you ever give any kind of agreement to Mr. Taupier that they could to school in Cromwell? A No. I advised every time he sent an email that I was not in agreement with the school change and that we would need to talk about it, and I was waiting for the Family Relations’ report out before I was agreeing to change any existing court orders, specifically the one from August 2013. Q Okay. And what was your state of mind during this whole process on Tuesday and Wednesday of last week? A It's been awful. I was supposed to have my children my back Sunday evening, and they’re missing -- essentially, kidnapped -- with no contact until the following day from the police saying that they found thems and they weren't in Cromwell. They were somewhere else. I had no idea where they were until I picked them up from school that Wednesday.10 11 12 13 14 15 16 17 1g 19 20 21 22 23 24 25 26 27 23 ° Now, part of the normal parenting plan is that you have telephone contact or that you provide telephone contact between the children and the father when they are in your custody; is that correct? A Correct. Q Okay. And did you do that last week? A Yes, I did. Q Okay. And how did you learn about the -- the arrest of Mr. Taupier on Friday? A I was contacted by Detective Daniel Dejesus from @ division, and he notified me that -— the major e: ATTY. MATHERS: Your Honor, I’m going to object any further testimony about what she was notified about other than the arrest. THE COURT: I'll sustain the objection as to what she was told. BY ATTY, FICARRA: Q Did you provide any information to Detective Dejesus? A Yes, I did. Q Without saying what Detective Dejesus asked, would you tell the Court what information you provided what you knew about the situation at the Cromwell home —- which was the formal marital home, right? A Yes, and it still is my home. It’s a co-owned home that we have in Cromwel ATTY. MATHERS: Objecting. Move to strike. It’s10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 24 nonresponsive. THE COURT: I’11 sustain the objection. Ms. Taupier, we’re not -- I'm not trying the case now ~~ THE WITNESS: mm-hmm. THE COURT: -- in regards to who owns the house THE WITNESS: Right. THE COURT: who doesn’t own the house. THE WITNESS: Mm-hmm. THE COURT: So if you can just answer -- THE WITNESS: Answer the question. THE COURT: Could you answer the question, please. THE WITNESS: Can you repeat the question? ATTY. FICARRA: Sure. BY ATTY. FICARRA: Q What information did you provide Detective Dejesus? A I provided information that Ted owned firearms. 1 |did not believe that the firearms were out of the house per prior court order, and I let the detective know where from, you know, two years ago and back, since I was at the home -- where the firearms were potentially located. In addition, the children have also told me -~ ATTY. MATHERS: Objection, what the children told her. ATTY. FICARRA: Your Honor, under the exception10 11 12 13 14 15 16 19 20 22 23 24 25 26 27 25 to the hearsay rule, under Jenrette, she can speak to what the -- the witness can quote what the children say. THE COURT: I'l] allow the question and the answer. THE WITNESS: The children have told me that they’ve seen guns in the home since visiting Ted. So I knew that there were firearms present.* BY ATTY. FICARRA ° And how does this make you feel? A That they’re exposed to potentially deadly, violent things that could hurt them. Q Why are you asking for supervised visitation as opposed to letting visitation go the way it is? A Yeah. I want the kids to have a stable relationship with their father. I believe that they need to continue a relationship with him, I’m questioning his mental instability at this point; and I want to make sure that there is some type of supervised access where they could still have a relationship, know him, but not be potentially at risk or at harm. Q Are you in any fear of -- that the children -- A Always. Q Okay. -- that if the children go unsupervised that there would be problems? A Yes. Q Was there ever a time that Mr. Taupier made —~10 4 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 26 ATTY. MATHERS: Objection. Leading THE COURT: I'11 allow the question. BY ATTY. FICARRA: Q Was there ever a time that Mr. Taupier said anything to you that speaks to some specific concern that you may have? A When I left the marriage, Mr. Taupier, in front of my daughter, said that he was going to put a bullet in my head and bury me in the backyard, and that's when I left the home, the marriage. And after that, two months after that, on a video he stated he would nearly kill my children to make sure he understood how painful this was going to be, and that’s on a video. Q You still have that video? A I do. Q Okay. All right. So and what you're asking -- oh, and by the way, the next time that there’s a scheduled meeting with the children and Mr. Taupier’s when? a Next time there’s a scheduled meeting is this Thursday for a dinner, and then he is to have them scheduled for this coming weekend; and he’s been asking them every phone call since when he's going to get to see them, How come Mommy won't let you see me? When is it -~ you know, How come Mommy won’t let you? So it -- there’s a considerable amount of brainwashing happening. I have to bring my kids into school10 11 12 13 15 16 1 18 19 20 21 22 23 24 25 26 27 27 every morning because they think they’re in the wrong place. They’ re convinced they’re supposed to be in a different school because that's what Daddy said. They are convinced that Ted has -- ATTY. MATHERS: You know, I’m going to object to she thinks the kids are convinced as, because I’m not sure she knows what's in the children’s mind. While she might be the mother ~~ THE WITNESS: This is what the children are saying to me. THE COURT: Ms. Taupier -~ THE WITNESS: Yeah. THE COURT: 1/11 decide. THE WITNESS: Okay. THE COURT: Not you. 11 allow the answer. |BY ATTY. FICARRA: Q Can you finish your answer? A What I’m trying to relay to you are my kids are at risk. I’m not sure how to explain that. I’m not sure how to portray it or to tell you how they’re treated or the lies that they're told -- ATTY. MATHERS: Objection. Nonresponsive, Your Honor. THE WITNESS: -- but what I’m saying is -- THE COURT: Mrs. Taupier -- THE WITNES. : Yep?10 11 12 13 14 15 7 18 19 20 21 22 23 24 25 26 27 28 THE COURT: Let your attorney ask you the question, and you can answer it. BY ATTY. FICARRA: Q Did you receive a phone call from Mr. Taupier -- ATTY. MATHERS: Objection. Leading. THE COURT: 1/11 allow the question. BY ATTY. FICARRA: Q Did you receive -- let me give you the whole question. Did you receive a telephone call from Mr. Taupier this past Saturday? A I did. Q And what did he say to you? A I didn't take the phone call. I got a voicemail, and the voicemail stated, You need to let me see my children this weekend. I'll not take no for an answer. If you don't let me see children, I'm calling the police; and the police showed up at 11 p.m. Q Was this for well check? A Correct. Q Okay. And was -- was this past weekend Mr. Taupier’s weekend with the children? A No. ATTY. FICARRA: Okay. I have nothing further of the witness at this time, Your Honor. THE COURT: Attorney Mathers. CROSS-EXAMINATION BY ATTY. MATHERS:10 ae 12 15 16 a7 18 19 20 21 22 23 24 25 26 29 ° During the course of the marriage, did Mr. Taupier |have firearms at home? | aA Yes. 2 How long has he kept firearms in the home? A I'd say, approximately, five years, not the entire marriage. Q And where were firearms kept? A In various places. There’s a safe in the garage. There's a safe in the bedroom. He also would keep one in the master bedroom closet, also some in the basement. He would also build guns. Q Were all the guns locked up? A No. ° Why did you believe that Mr. Taupier had guns in the house after the court order of, was it, 2013? A Because the children told me there were. Q And where did the children tell you they saw the guns? A out. Q Out. Okay. A Mm-hmm. Q And did you notify anybody about the children observing this? A Yes, my counsel. Q And when was that? A Whenever it happened, in the past year. Q In the past year?10 a. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 30 A Yeah. Q You know. Okay. Were any motions for contempt filed? A I understand there was a conversation that happened between one of previous attorneys ~~ I’m not recalling which -- that he, in fact, turned them all over. Q But, to your knowledge, you didn’t appear for a motion for contempt, correct? aR I did not. Q And you indicated that you were threatened with a bullet in your head; is that -- am I sort of surmising the comment ? A Yeah. Q And when did that threat occur? A September 2012. Q And did your report that to anybody? A Yes. Q Who did you report it to? A I discussed it with my attorney, and I also discussed it with the Cromwell police. Q And were any actions taken at that point? A No. They asked me if I wanted to take action, and I said no. ° Why did you choose not to take action? A Because I chose to leave the marriage instead, to protect myself. ° All right. And did you indicate that subsequently10 qn 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 31 there was another threat to your children; is that -- A Yes. Q Okay. And when was that? A That was shortly after, approximate, November 2012. Q And did you follow the same steps and contact your attorney and the police? A Yes. Q Okay. And did they take any steps to do anything about any of those threats? A That's when the court order was filed to remove the guns from the home. ° So you had no concerns once you believed the guns were out of the home that Mr. Taupier would harm you or the children? ATTY. FICARRA: I’m sorry. I didn’t hear the question. ATTY. MATHERS: TI asked if she had no concerns once the guns were removed the home that Mr. Taupier would harm her or the children THE WITNESS: Physical concerns? I -~ there was guns that I didn't see on that list that I knew he had. So there’s always been concerns BY ATTY. MATHERS: Q Have ever filed a restraining order? a No, I haven't. Q Okay. And I believe earlier you testified that when you appeared at the school, you went to the principal's10 11 12 13 14 15 16 v7 1s 19 20 21 22 23 24 25 26 27 32 office? A Yeah. Q Okay. And when did you observe Mr. Taupier -~ ATTY. FICARRA: Object to the form of the question, Your Honor. Which school? BY ATTY. MATHERS: Q The children’s -- when the children were in Cromwell and you appeared at the police, when did you first observe Mr. Taupier in the parking lot? A Right when as I was walking in the building. Q And how far away from you at that point was Mr. Taupier? A He was way at the other end of the parking lot. Q And how were you able to tell that Mr. Taupier had a camera in his hand? aA I could see him standing there with a camera. Q You indicated you questioned his mental stability. What specific concerns do you have about his mental stability? A Threatening a judge, continuing to have firearms, bomb-making material in his home. ° Bomb-making material. Did you notify the police that he had bomb-making material in the home? A I was notified. Q All right. Prior to the alleged threatening of a10 11 12 13 14 16 ii: 18 19 20 21 22 23 24 25 26 27 33 judge, did you have any concerns about Ted’s mental stability? A Yes. | @ What were those concerns? A He has become progressively unstable in his emails to me, in his interactions. For example, unregistering children in their current school and enrolling them in a new |school district without any conversation. @ But you had indicated you had -- he had asked you repeatedly, and you said you didn’t agree with it. A He didn’t ask me. He told me in an email: This is what I'm doing. He reversed the -- he reversed the parenting plan completely without any discussion. And when I said, Ted -~ the same day -~ I don't agree with this, he continued on and on. ATTY. MATHERS: May I approach, please? | THE COURT: Yes. BY ATTY. MATHERS: Q Ms. Taupier, is this a copy of the earlier summer order regarding the summer schedule? aA I don't believe so, no. ATTY. MATHERS: Madame Clerk, may I please have the schedule, summer schedule, the order that was entered earlier? I believe it’s a color-coded masterpiece. THE COURT: You want to just -- ATTY. MATHERS: I would love to11 12 13 15 16 a7 18 19 20 21 22 23 24 25 26 27 34 THE COURT: Go ahead. You can show it to her. | ATTY. FICARRA: Your Honor, may I see what Counsel is -~ No objection. BY MS. ATTY. MATHERS: ° This is your summer schedule? A Correct. ° Will you tell the Court, please, how you determined that the weekend of the 24' August was your weekend? A The 24", which states, “Tanya picks up from Ted at 7 p.m. on Sunday.” Q And what are the numbers on the right indicate? A If you go back to the transcript from the court, you'll see that the numbers are irrelevant, and I put on the record, I don't agree with any type of calculation. The |transeript should note that ° Okay. So you don’t agree to any of the numbers on the side; but is that the only order that was entered on that date, was this calendar? aA Yes. Q Okay. So without any further order, what is -- what do the numbers mean? So you don’t agree, but it’s in -~ it’s in the court file that that’s the actual order. A If you go back to the transcript, you'll see I stated to Judge Bozzuto, I don't understand what these calculations are.qn 12 13 14 15 16 7 18 1g 20 21 22 23 24 25 26 27 35 Q Mm-hmm. A And I don't agree with them. So what I’m agreeing to are the dates that we've decided and handoffs. Q And did Mr. Taupier agree with your position? A He didn't object. THE COURT: 11 note for the record that Counsel showed Ms. Taupier the August -- BY MS. MATHERS: Q So base ATTY. MATHERS: Sorry. THE COURT: -- plan that’s currently in the file. BY ATTY. MATHERS: Q And when you entered that color-coded order, was there any clarification made on the record regarding the schedule other than you didn’t agree with the numbers being represented by the amount of time one parent has for the chil A That was the clarification that was made at the time. I said I don't agree with calculations, just the |dates and the handoffs noted; and Judge Bozzuto agreed ATTY. MATHERS: Your Honor, may I have a moment, please? Your Honor -- may I approach the witness to see if I could refresh her recollection with a copy of the transcript from the court date? Was that a yes?10 11 12 18 19 20 al 22 23 24 25 26 27 36 Q day? I’m sorry. I didn’t -- THE COURT: Yes. ATTY. MATHERS: Thank you. THE COURT: What's this transcript from? ATTY. MATHERS: The transcript, Your Honor, is from June 18, 2014, before Judge Bozzuto Tf you wanted to start —- ATTY. FICARRA: Excuse me, Your Honor. May I have a page reference, please? ATTY. MATHERS: Sure, Page 12. I'm going to start three-quarters of the way down, and then —~ Go ahead. You can read it, if it helps THE WITNESS: I’m sorry.? BY ATTY. MATHERS: Does it help you refresh what had happened that So I can ask you some additional questions. What -- what helps me —~ ATTY. FICARRA: I’m having trouble under -- hearing counsel. If I could ask that Counsel speak up, please. THE COURT: Attorney Mathers, two things: ATTY. MATHERS: Sure. Do you want me to ask THE COURT: I need for you to be near a micro -~ ATTY. MATHERS: A microphone. THE COURT: -- phone when you're asking a10 1 12 13 14 16 a7 18 19 20 21 22 23 24 25 26 27 37 question so we can all pick it up. So either —— ATTY. MATHERS: Stay in one place? TRE COURT: -- instead of being near Ms. Taupier, you can stand right here —- ATTY. MATHERS: Sure. THE COURT: -- by the court reporter or by your microphone, and it will pick up so that everyone can hear you through the mics. BY ATTY. MATHERS: Q So based on your view of the transcript, was there Jan agreement as to whose weekend the 24" of August was? A Yes. I was to pick up the children on the 24" at 7 p.m. and then have them through when school started on the a9. ° And that was a full agreement between you and Mr. Taupier? A Yes. 2 And you believe it was your week the entire week? aA Yes. Q Okay. A He had the previous week. Q Okay. All right. And what time do the children go to school in Cromwell that morning? A I called, I think, 8:40, from what I recall. Q And could you tell the Court why you chose to remove the children two hours after they appeared instead of waiting for them to complete the day?10 11 13 14 15 16 18 19 20 21 22 23 25 26 27 38 A Complete the day? Because they shouldn't have been there to begin with. It’s very confusing to them. They meet their teachers in Ellington. They are thinking that they are going to Ellington. I’m not going to all of a sudden let them go thinking that, you know, this is a full day of Cromwell school, plus there’s no way for me to get them back from Ted. Q Well, when did the Ellington -- when did they meet their teachers in Ellington? A At the end of the school year. Q In June. Okay. And why -- A And they missed their -- you know, meet the teacher with their -- you know, to get acquainted because they were rr because he didn't return them. ° And why were you concerned that you wouldn’t be able to retrieve the children after the school —- at the end of the school day? a I wasn't able to get them Sunday night, still no contact Monday, no contact Tuesday. There’s no -- there’s no way for me to get these children Q Did Mr. Taupier call you Monday? A He called me from wherever he was located after the 1 didn’t know where they police told him to call me. I s were located. Q And how do you know the police told him to call you?10 a 12 13 14 uy 18 19 20 21 22 23 24 25 26 27 39 | oa They told me that. Q Who's “they”? aA The police. Q And regarding the telephone calls you were talking about with the children, Dad was saying to the children, where are you in relationship to the children when they are on the phone with their father? A We're in the same vicinity. |e How close? A How close? Ten feet, twenty feet away. The children told me everything on the phone Q So you're quoting what the children told you that Father had said? A IT can hear a lot of the conversation because it’s within earshot; sometimes, it’s within the car Q Okay. All right. The basis of your original ex parte application, what was the psychological harm that you needed to be occurring; what was the basis of your representation that there was psychological harm happening to the children? a Which motion? Q Your August 24, 2014, ex parte application? aA Psychological harm, basically that the children are saying, I'm going to Cromwell school. I’m not going back to Ellington. ° And that was the psychological harm? A And, Daddy has some -- has this person living with10 ql 12 16 ay 18 19 20 ony 22 23 24 25 26 27 40 i us who's lost custody of her son. The courts are bad. Q Okay. And when did the children start telling you that they weren't going to be attending Ellington school? A It was during the week that Ted had them for the full week. So prior to the 24. It was -- it started around the 20"", August 20, from what I recall. Q And did Mr. -- was that when Mr. Taupier started to communicate with you about enrolling the cl Cromwell? A Yes, correct. Q And prior to filing the ex parte, did you make any efforts to come in court and discuss the status to resolve those offers short of having to have the children dragged out by the police? A Several, several emails to Ted, saying, I’m not in agreement. This is not what we discussed Q But no court action but for the ex parte? A That's why I filed a -- the first I heard of this was when Mr. Taupier formally communicated to me on the 20, ° Mm—hiem, A Then I went to court on the 24°, ° Okay. And then -- Prior to having the police come to the school to escort the children out, did you contact the children’s therapist? A No.10 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 AL Q Did you discuss -- you didn’t discuss with the therapist how this might affect the children? A I didn’t. Q Did you discuss with a therapist prior to your filing ex parte how the possibility of switching schools would affect the children? A No, I have not discussed possibility of —~ ATTY. FICARRA: Object -- I’m sorry. Object to the form of the question. It’s not switching schools. It’s bringing the children back to the school that they were enrolled in and that they were under court order to be at. So -- THE WITNESS: And the therapist was part of that plan. THE COURT: I/11 -- THE WITNESS: But -- THE COURT: No. One second I/11 allow the question. 1711 allow the answer. But, again, there still remains a court order that the children remain at the Ellington school until further order of the Court or by agreement of the parties. ATTY. MATHERS: Your Honor, it’s fully understood, but I’m just curious as to whether or not Mother had at any time during this communicated with the children’s therapist. THE COURT: I’m allowing you to --13 14 18 16 1 18 19 20 22 23 24 25 26 27 42 ATTY. MATHERS: Thank you very much. THE COURT: -- ask the question. THE WITNESS: I did not. BY ATTY. MATHERS: Q And did you communicate with the children’s therapist regarding the threats that you had received? A I did. Q Okay. And when was the last time she met with children? A Ican't recall. 1'11 have to look through my records. Think is before school ended. Q And what was their regular attendance with therapist? A Per the court order, we were to bring the children each once per month. That was not happening with Mr. Taupier; so they were going once a month under my care. Q And when did you stop bringing them? a When Mr. Taupier refused to pay any of the bills —- prior to the end of school, April, May. Q April or May. Okay. So no therapy since. Okay. All right. ATTY. MATHERS Your Honor, I don't have anything further with Mrs. Taupier at this point. THE COURT: Go ahead. Please. Take your things. ATTY. FICARRA: Just a brief question, Your Honor.43 1 THE COURT: Yes. One second. 2 Yes, Attorney Ficarra. Any follow-up? 3 |REDIRECT EXAMINATION OF BY ATTY. FICARRA: 4 Q Mrs. Taupier, just -- how old are your children? 5 A Gabriel is eight; and Sara is seven. 6 ° And what grade are they in? 7] oa They’re both in second grade. 8 Q They’re both in second grade. 9 And is there a reason that they’re both in second 10 |grade, being different ages? | a a Yes. Gabriel has ~~ 12 ATTY. MATHERS: Your Honor, I’m going to object. 13 This is outside the scope of my cross. 14 ATTY. FICARRA: There was an issue about the 15 Ellington schools. I just wanted to put a fine point 16 on why the children are remaining in the listening why there’s a court order and why they are remaining 18 in the Ellington schools, how well they have done in 19 the Ellington schools considering the deficiencies of 20 one of the children. 21 ATTY. MATHERS: Your Honor, I think that 22 that’s -- 23 THE COURT: 1/11 sustain the objection. 24 ATTY. MATHERS: Thank you. 25 ATTY. FICARRA: Nothing further, Your Honor. 26 ATTY. MATHERS: I have no further questions. 27 THE COURT: Have a seat.1o ql 12 13 14 15 16 18 19 20 23 24 25 26 27 44 THE WITNES: Thank you. (Witness stepped down.) THE COURT: Attorney Ficarra, who would you like to call next? ATTY. FICARRA: No further witnesses, Your Honor. THE COURT: Thank you. Attorney Mathers, anyone? ATTY. MATHERS: Yes. Mr. Taupier, please THE COUR’ Mr. -- ATTY. MATHERS: I -- I -- THE COURT: -- Taupier, before you give any testimony, once you begin to answer questions, you will be required to continue to answer questions that are relevant to any direct questions that are asked of you by your attorney. Now, you have, to my understanding, from reading the file, cases pending in Middletown, and now you have the new case pending here in Hartford, which has been transferred to ~~ ATTY. MATHERS: To Middletown as well. THE COURT: -- to Middletown. You have a right to not incriminate yourself. You have a right to remain silent in regards to questions that may be -- Attorney Peck. If you begin to answer questions, you may be ordered to continue answering those questions if you10 qi 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 45 open the door to certain aspects of this case. There are allegations in regard -- there’s been some testimony in regards to guns and things of that nature, which could open you up not only to your statements being used in criminal court, but they can also be used here for purposes of any pending contempt or anything of that nature, which could lead to you being incarcerated on the contempt motions for in a period of time, by me, if the case goes that - that direction. ATTY. MATHERS: Your Honor, I -~ sorry. THE COURT: If you -~ ATTY. MATHERS: I was going to go there. THE COURT: If you wish the gentleman to testify -- ATTY, MATHERS: I was going to limit it to his understanding of the access schedule on all this and what his parenting weekend amounts to. THE COURT: Well, you're going -- ATTY. MATHERS: Then I will let him -- THE COURT: You're going to open him -- AITY. MATHERS: 1/11 withdraw him as a witness. Could I have five minutes to talk to my client? THE COURT: Yes. ATTY. MATHERS: Thank you. Thank you De you want us in the back hall? Would the Court prefer that back hall?ql 12 13 14 15 16 a7 19 20 21 22 23 24 25 26 27 46 THE COURT: You can speak to him right in the -- right in the back seat there. ATTY. MATHERS: Off the record, Your Honor? THE COURT: Off the record for a moment, yes. (Attorney Mathers conferred with defendant off record out of open hearing of court.) ATTY. MATHERS: Your Honor, Mr. Taupier will -- THE COURT: One second, Attorney Mathers. You okay? All right. She’s all set. Yes? ATTY. MATHERS: Mr. Taupier -- we will not be putting him on the stand. THE COURT: Will not? ATTY. MATHERS: Will not. THE COURT: Okay. All right. Okay. Any other witnesses, Attorney Mathers? ATTY. MATHERS: No, Your Honor. THE COURT: I’11 close the oral portion of testimony at this time. Attorney Ferrara, please. Your remarks, please. ATTY. FICARRA: It’s actually Ficarra. THE COURT: Ficarra. I’m sorry. ATTY. FICARRA: ‘That's okay. THE COURT: I’m sorry. ATTY. FICARRA: That’s okay. CLOSING REMARKS BY ATTY. FICARRA:10 1 13 14 15 16 17 18 20 21 22 23 24 25 26 27 47 ATTY. FICARRA: We stand on the testimony, Your Honor. We would also ask that the Court to take judicial notice of the criminal file and the charges and the reports, the nature of the threat, the list of items seized, the weapons that were seized, etc., and I think that my client is being extremely xeasonable by asking for supervised visitation and not asking for no visitation whatsoever, She -- as she stated herself she wants the children to have a relationship with the father. It should be a healthy relationship, healthier than it has been. ATTY. MATHERS: Objection. ATTY. FICARRA: This is argument, Your Honor. ATTY. MATHERS: I know, but I’m still objecting because you're implying something that was - THE COURT: Attorney Mathers, if you let her finish, please. ATTY. MATHERS: Fine. THE COURT: Attorney Ficarra, what is it that you're asking for? ATTY. FICARRA: So we're therefore —- THE COURT: What are you asking for specifically? ATTY. FICARRA: What we’ re asking for specifically is temporary sole custody and supervised visitation until further order of the Court, keeping10 11 12 13 15 16 47 18 19 20 21 22 23 24 25 26 27 48 CLOSING REMARKS BY ATTY. MATHERS: in mind that there’s a trial scheduled for November. THE COURT: And what is the requested supervised visitation that you’re requesting? ATTY. FICARRA: I think, it’s obviously impractical to have a weekend supervised visitation So what I would ask for is two hours on the weekend and then one hour at some time during the week. THE COUR’ And who are you suggesting as the supervisor? ATTY. FICARRA: I would be fine with any of the commercial supervising companies that are around the city, otherwise, an off-duty policeman that my client picks and that Mr. Taupier pays for. THE COURT: So you're asking for two hours during the week and two hours on the weekend? ATTY. FICARRA: One hour during the week and two hours during the weekend. THE COURT: Attorney Mathers. ATTY. MATHERS: Your Honor, in regards to judicial notice, the Court should take notice that Mr. Taupier’s never been arrested but for the pending of these divorce proceedings, And during the pendency of these proceedings — THE COURT: I’m sorry. He hasn’t been ~~ I'm sorry. He hasn’t been —- ATTY. MATHERS: He has no criminal record. He10 1 12 13 14 15 16 a 18 is 20 21 22 23 24 25 26 27 49 was arrested once these proceedings started. So he has got no criminal record. THE COURT: But he has cases pending -~ ATTY. MATHERS: He has Middle -- THE COURT: -~ in Middletown, and now these ATTY. MATHERS: Yes, and this one. So two THE COURT: Okay. All right ATTY. MATHERS: And that we believe -- presume people to be innocent, first off, not guilty. And so just because a police report, which nobody presented, and we have no troopers to testify, we just have speculation as to what was said, what happened. He's not pled guilty; nobody's proved him guilty. It's a lot of speculation. The firearms have been removed from the home by the state police. He’s clearly a loving father They are in the middle of a heated divorce. The children probably more traumatized by being pulled out of school than going to one day of school and having them transferred into the Ellin -- or re~ enrolled into the Ellington schools the next day. It concerns me greatly that these alleged threats to the children’s lives never once -- or her life -- never once resulted in a restraining order and begs the question what really happened, She -- they were married, she testified, five years he had firearms. Why now? Why now is she12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 50 concerned about the children being around firearms but she said there’s multiple safes around the house She's testifying that the children are telling her X, ¥, and Z; but, yet, if the children are telling her this, why isn't she bringing them to therapy? She put no proof on psychological harm. She's saying that this is what they’re telling us, this is what she believes is happening, but we have no proof. They have a therapist. They haven't been to the therapist since April or May. If she had true concerns about the children’s psychological wellbeing, then the first call I would have made as a parent would have been to the children’s therapist: Do you think that this would be in best interest to xemove these children from the school today or let them finish the day and re-enroll them tomorrow in Ellington school district? But she didn’t do that She didn't do that. I think that, perhaps, the Court should be more concerned about her decisions as a parent rather than father's. I understand that the charges are definitely concerning; however, again, they’re just charges. It's just a police report. We have no real evidence as to what exactly happened. It's our contention that the motion, the application for ex parte relief should be denied,10 11 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 51 vacated, because there was no immediate present risk of physical danger or psychological harm. Again, the guns have been -- were in the home before. They were removed from the home. Apparently, they were back in the home. Father is quite capable of caring for the children. Certainly, a supervising commercial facility -- going from a parenting schedule, if you saw -- the Court takes judicial notice of seven days on, seven days off for the summer, two hours, three hours a week is probably going to traumatize the children more. I’m not sure about her financial position considering she has two attorneys present. I think the client-father to pay for a commercial facility would be additional hardship. There’s -- currently he’s waiting to see if he can post bond -- THE DEFENDANT: Forty. ATTY. MATHERS: $40,000 cash bond that was set. THE COURT: How much of a bond did he -- how much of a bond -~ ATTY. MATHERS: Thirty-five thousand cash was posted on Saturday or Friday? THE DEFENDANT: Saturday. ATTY. MATHERS: Saturday. And the Court issued a $40,000 cash bond this afternoon. I was present.10 11 12 13 14 15 16 7 1g 20 22 23 24 25 26 27 52 THE COURT: It was a cash bond that he posted? THE DEFENDANT: Cash. ATTY. MATHERS: So it’s almost $75,000 cash only, So as far as they’re concerned about Thursday visit, hopefully, he'll bond out; but I think that the children are going to be more traumatized having @ reduction in access with their father. There -- the threat, the alleged threats had nothing to do with -- the children weren't threatened. The children weren't in harm's way. This comes to you by way of Dad put the children in Cromwell school district, and Mother got an ex parte motion to have them returned to the Ellington school. I don't think that’s a basis for sole custody; T don't think it’s a basis to stop Father’s visitation or change it to supervised. THE COURT: All right. Thank you. ATTY. FICARRA: Your Honor, if I may? THE COURT: Sure. ATTY. FICARRA: trying to paint some kind of picture here that Mr. Taupier had no prior criminal record until this divorce, making it sound as if my client created his situation, that is just -- it’s preposterous. She was the complaining witness in the first case that’s been pending in Middletown for a period10 aL 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 53 of time. She certainly wasn’t the complaining witness with regard to threatening a judge. So I think we need to put that in perspective And this business of it’s -- somehow it’s my client’s fault that she didn't run to the therapist before grabbing the kids out of school after she had been denied the children when she was supposed to get them is also ~~ just doesn’t make any sense. All of this -- this drama and this retaining of children occurred within the past two weeks. It's not a question of, Well, let me just, you know, stop everything and go talk to the therapist. My client did what she had to do. On my advice she took the court order, she went to the school, and she got the children. She had been deprived of the children for several days. She didn’t need to go to a therapist to do that. And that's all I need to add. THE COURT: All right. Thank you I’m just going to state for the record that the allegations of threatening by Mr. Taupier as to a sitting judge in his case, is one that is concerning but is one that is separate and apart from my ruling here today. As I sit here, Mr. Taupier is innocent of any allegations until proven guilty. I have not read the warrant. I have not seen any police reports in1 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 54 regards to the incident, and I, in fact, didn’t even read the article in Courant, knowing that I was sitting here today on this particular matter. The information that I received was -- one, I will say, I notified the Court that I was aware of the fact that Mr. Taupier, based on the charges themselves, was in possession of some weapons, and he was told not to have any weapons by this Court. So the Court was aware of that. And so as to the issue of threatening being the basis for any orders I enter here today, they are not. The threatening is, again, a separate issue in and of itself which will be addressed by the Court in due process. ATTY. MATHERS: Mm-hmm, THE COURT: And Mr. Taupier will have every opportunity to defend that allegation at some time What's of concern to me is the flagrant disregard of court orders. One being that the children, per the order, were to remain in the Ellington school system until such time there's further court order allows them to go someplace else or by way of agreement. Obviously, there was no agreement between the parties or the children to be enrolled in the Cromwell school system, especially after there was an order from the Court that the children were to remain in the Ellington school10 1 13 14 15 16 a7 19 20 21 22 23 25 26 27 55 system. Why Mr, Taupier felt that he, in one way or another, was permitted or granted permission to register these children in Cromwell over the orders of the Court is beyond comprehension to the Court here; and then, to have the children in his custody fox a period of time leading up to their enrollment, take them to the school for whatever purpose he gained -- I don't know what purpose he gained by placing these children there -- but then forcing the mother to go and get police to remove them from the school, the idea of having to remove children from the school with a police escort, again, is beyond comprehension of why place the children in that kind of a situation. It’s hard to phantom why someone would do that knowing there was going to be a response. You know, Mr. Taupier had to know that he was doing something that he was not supposed to do; and the evidence clearly indicates that he was fully aware that he had no right, no permission to place those children in the Cromwell school system and still did it. And then, obviously, the allegations that is testified here by way of questioning regarding the location of guns in the home after he was ordered, ordered, not to have any guns; he was supposed to transfer all weapons, rifles, handguns, ammunition to11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 56 Mr. Situlo [phonetic] -- I believe, I remember, if I read it correctly -- for purposes of safekeeping, and he was not to have any weapons in his possession How and why as to the circumstances how these guns either remained there or returned there, again, is one that concerns the Court -- not addressed here today, All I have is the fact that those guns were there, that guns were located in the home. Again, another violation of what can only be considered commonsense to have guns in the home after being ordered not to have any guns. It shows -- it shows a pattern. It shows a pattern of certain behavior by Mr. Taupier that one gets the feeling that he believes he’s above the law. At this time the Court will make a finding that there is a basis for the ex parte order to issue at this time, the Court finding that there was at the time of the violations, immediate and present risk of danger or psychological harm to the children. The mother at this time is granted temporary sole custody of the children. Father, should he post his bond, will be allowed two visits per week to be supervised by supervising agency. The Court will order that the first alternative be Kidsafe in Vernon, which is near Vernon and approximately a half-hour drive from10 1. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 87 Cromwell, for purposes of that visitation. The visits will take place on Wednesdays and Saturdays two hours each. The Wednesday, anytime between twelve and four o'clock. MS. TAUPIER: No, they have school. THE COURT: I'm sorry. During school. Will be Wednesday in Ellington after school. I’m assuming they get out of school approximate three o'clock. MS. TAUPIER: Three-thirty, sir. THE COURT: $o the visits can take place on Wednesday at four -~ four to four-thirty to begin with, then for two hours. Mother is to transport the children to the Kidsafe. And on Saturdays, the Court will order the visitation from twelve to two. ATTY. MATHERS: Your Honor, what about telephone contact with the children? THE COURT: I'm sorry? ATTY. MATHERS: Telephone contact with the children. THE COURT: Father may have telephone contact with the children on Sunday night between seven and eight. What time do the children go to bed? THE WITNESS: Eight. THE COURT: Between six and seven, he may have a10 11 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 58 15-minute conversation with the children on Sunday; and Friday, he can have a telephone contact with the children for fifteen minutes between six and seven Father will be responsible for payment of the supervised visits. Again, mother will transport both on Wednesday and Saturday to Kidsafe, or in the alternative, a program that’s agreed upon by attorneys not by parties. The attorneys can agree on an alternate site for purposes of the supervised visits. ATTY. MATHERS: Your Honor, is this intended temporary order intended to continue ‘til the trial or until we file a modification or -- THE COURT: Until further order of the Court. Anything else, Attorney Mathers? ATTY. MATHERS: I have a lot, but I’m just going to breathe for a second. THE COURT: Anything else at this time? ATTY. MATHERS: No, Your Honor. THE COURT: Attorney Ficarra, anything further? ATTY. FICARRA: So it’s two o'clock -- two hours Wednesday and two hours on Saturday? THE COURT: ‘Two hours each day. ATTY. FICARRA: Thank you, Your Honor. THE COURT: Supervised. To be paid for by him; transportation by the mother. Phone calls are not to include any discussion59 10 12 13 15 16 a7 18 19 20 22 24 25 26 27 regarding fault, reasons why he has supervised visits or anything of that nature. ATTY. MATHERS: Oh. I'm sorry. I remembered what T wanted to say. THE COURT: Yes. ATTY. MATHERS: Can we please ensure that the children are back in therapy as soon as possible? Can that be part of your court order? I know there already is an existing court order, but since Father can’t transport -~ THE COURT: I will -~ you want the children in therapy? ATTY. MATHERS: I would like them to resume their therapy if they haven't had it, and it seems like the most appropriate time to get it since their -- THE COURT: Are the children currently -- ATTY. MATHERS: -- their access to Father is going to be THE COURT: Are the children currently in therapy, Counsel? ATTY. FICARRA: Your Honor, my client is interviewing some new therapists since they can't go back to the previous therapist because Mr. Taupier hasn’t paid her bill. So, yes, they will be in therapy, especially after all of the drama that's occurred here.10 a. 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 60 ATTY. MATHERS: Mr. Taupier’s indicated he doesn’t have a bill for the last therapist, but I would maintain that he keep the same therapist since there’s a history. THE COURT: Attorney Ficarra, if you will please provide counsel -- now that Attorney Mathers is in the case, if you could provide Attorney Mathers a copy of the therapist for the children’s bill so that his share can be provided to the gentleman so that he can pay that bill. ATTY. FICARRA: I will be happy to. And is the order that he’s actually going to pay the bill? THE COURT: If he was ordered to -- if there was an order of child -- of the children to be involved in therapy with costs to be shared, those orders remain in place. ATTY. FICARRA: Okay. I think my client may have paid, paid up with bills, some portion of it so, therefore, it needs to be reimbursement too THE COURT: Then what you can do, is, at the time of the divorce, make a claim for any monies paid out by her, to the Court, so I can determine whether or not it’s appropriate to take that from any division of assets from him if she’s paid it. ATTY. FICARRA: Thank you, Your Honor THE COURT: Okay. ATTY. MATHERS: And may we see Caseflow for a10 a. 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 special masters hearing date? THE COURT: And you can meet with Ms. Hayes and get a special masters date for those purposes. ATTY. MATHERS: Thank you, Your Honor. THE COURT: Okay. All right. You folks are all set. All right. Thank you. ATTY. FICARRA: Thank you. (Hearing concluded.) e448NO: HHD-FA12-4065159-s : SUPERIOR COURT TANYA TAUPIER : JUDICIAL DISTRICT OF HARTFORD AT HARTFORD, CONNECTICUT SEPTEMBER 2, 2014 EDWARD TAUPIER CERTIFICATION I hereby certify the foregoing pages are a true and correct transcription of the audio recording of the above- referenced case, heard in Superior Court, Judicial District of Hartford, Hartford, Connecticut, before the Honorable Jorge A. Simén, Judge, on the 2nd day of September, 2014. Dated this 30° day of September, 2014, in Hartford, Connecticut. Donna Tea Talons | [ Court Recording Monitor 201tsept2taupsor