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 0610610
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(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 his1.
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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
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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
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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 order10
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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
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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
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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 passed10
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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 the10
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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 other10
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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
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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 spe10
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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 of10
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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
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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
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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 locate10
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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
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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
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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 like10
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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. This10
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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
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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
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° 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’s10
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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 exception10
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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
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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
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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
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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
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° 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
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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 subsequently10
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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's10
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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 a10
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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 to11
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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
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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
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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 a10
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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
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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
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| 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 with10
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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
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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
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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
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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 you10
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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
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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
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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, keeping10
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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. He10
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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 she12
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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
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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
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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 period10
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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 in1
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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 school10
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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 to11
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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 from10
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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 a10
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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 discussion59
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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
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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 a10
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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.)
e448NO: 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