Type title page below this point FAMILY COURT OF THE STATE OF NEW YORK
	COUNTY OF WESTCHESTER
- - - - - - - - - - - - - - - - - - -x  File No. 53516

SUSAN SAMORA,

				Petitioner,

		-against-					Docket No.
								O-00972-98
PHOTIUS COUTSOUKIS,

				Respondent.

- - - - - - - - - - - - - - - - - - -x
					County Courthouse
					111 Dr. Martin Luther King Jr. Blvd.
					White Plains, New York  10601
					January 12, 1999

B E F O R E:

		HONORABLE INGRID S. BRASLOW,

				Judge of the Family Court.

APPEARANCES:

	MARC DOMICELLO, ESQ.
		Attorney for Petitioner
		
	ROBIN COTLER, ESQ.
		Law Guardian

	PHOTIUS COUTSOUKIS,
		Respondent
		Pro Se
	






ALSO PRESENT:

	SUSAN SAMORA,
		Petitioner					


						Frieda Weitz, C.S.R.
						Official Court Reporter


From this point, margins are set to Q & A

   If you have additional Appearances use Appearance style NOW.. 	COURT CLERK:  Your Honor, this is number four on the afternoon calendar.  It is the matter of Samora, Coutsoukis.
	Counsel, note your appearances, starting on the Judge's left.
	MR. DOMICELLO:  Marc Domicello, counsel for Susan Samora.
	COURT CLERK:  Law guardian?
	MS. COTLER:   Robin Cotler, law guardian for Theodora Coutsoukis.
	COURT CLERK:  Will the parties raise their right hand.	S U S A N      S A M O R A,      the petitionerherein, having been duly sworn, was examined and testified, as follows:	P H O T I U S    C O U T S O U K I S,     therespondent herein, having been duly sworn, was examined and testified, as follows:
	COURT CLERK:  Your name?
	MS. SAMORA:  Susan Samora.
	COURT CLERK:  Your name?
	MR. COUTSOUKIS:  Photius Coutsoukis.
	COURT CLERK:  You may be seated.
	THE COURT:  We are scheduled for a continuation of the fact-finding hearing on Docket O-00972 of '98.
	Ready to proceed, Mr. Domicello?
	MR. DOMICELLO:  Yes, your Honor. 
	THE COURT:  Mr. Coutsoukis?
	MR. COUTSOUKIS:  Yes.
	THE COURT:  Ms. Cotler?
	MS. COTLER:  Yes.
	THE COURT:  One housekeeping measure before we proceed.
	Mr. Coutsoukis, you will notice a box to the right of your seat.  That box contains your exhibits on your motion to reargue, which has been decided by this Court.  It is in a Federal Express box.  
	Everything that is on top of the box, in the rubber band, are all of your exhibits in regard to your motion to dismiss.  That is, also, being returned to you at this time.
	MR. COUTSOUKIS:  Are you saying, in other words, the Court does not wish them to remain in the Family Court file?
	THE COURT:  That is what the Court is saying.  They will be returned to you.  The motion has been decided.  There is no reason for this Court to hold on to those exhibits any longer. 
	Let's proceed with the hearing.  
	Mr. Domicello--
	MR. COUTSOUKIS:  Your Honor, these records are needed for the appeal.
	THE COURT:  They are being returned to you.  Okay.
	MR. DOMICELLO:  Your Honor, I recall Susan Samora.
	THE COURT:  Before we start, you will, also, see an envelope on the table, and that is the written decision on the motion to dismiss on the matter presenting pending.
	MR. COUTSOUKIS:  Before he recalls his witness, your Honor, I have a statement regarding this proceeding.
	May I?
	THE COURT:  A statement?
	MR. COUTSOUKIS:  And some questions for the Court.  
	I want to note for the record that I am raising a constitutional issue regarding due process in the order of protection law which not only shifts the burden of proof on the accused, but it is routinely used and abused by prospective divorcees, especially to, in order to gain advantage in divorce litigation.
	Additionally, the law is, also, inherently disadvantageous to men and, therefore, discriminatory.  
	Also, I would like to note that the other side and/or the law guardian arrived late again, and that they have used postponement and procrastination to disadvantage my case, and that I cannot look at Susan because Mr. Domicello is sitting between us, and that was the case in the last proceeding I was here where I was accused of looking at her when I couldn't.
	I would like to offer a correction to an error from the proceeding of December 1st, 1998.  Also, I would like to explain why this proceeding should be terminated and their petition should be dismissed with prejudice, in addition to my affidavit in support of my petition, my motion to dismiss this petition, which I would like to offer as an exhibit to this.
	THE COURT:  No, no, no.  Mr. Coutsoukis, I ruled on your motion to dismiss.
	MR. COUTSOUKIS:  But, in addition, I have new additional reasons.
	THE COURT:  Well, I am not going to entertain any new additional reasons at this time.  
	At the close of petitioner's case you can renew your motion.
	MR. COUTSOUKIS:  I received threats from the other side.
	THE COURT:  Mr. Coutsoukis, no.  I am not going--
	MR. COUTSOUKIS:  I received threats.
	THE COURT:  You are holding up a cassette tape.
	MR. COUTSOUKIS:  Yes.
	THE COURT:  I am not going to listen to that.  We are on Ms. Samora's family offense petition.  That is the only thing that we are here on now.
	MR. COUTSOUKIS:  I was threatened.  I don't consent to this order of protection--
	THE COURT:  Mr. Coutsoukis--
	MR. COUTSOUKIS:  --for Susan--
	THE COURT:  Mr. Coutsoukis.  I made a ruling.
	MR. COUTSOUKIS:  Okay.  Thank you, your Honor.
	THE COURT:  All right, Mr. Domicello.
	MR. DOMICELLO:  I re-call Susan Samora.	S U S A N     S A M O R A,     the petitionerherein, having been previously duly sworn, was examined and testified, as follows:
	THE COURT:  Ms. Samora, you are under a continuing oath.
	COURT OFFICER:  You are still under oath.
	THE COURT:  Put your name on the record.
	THE WITNESS:  My name is Susan Samora,
S A M O R A.
	THE COURT:  Okay. Mr. Domicello. you can continue.
	MR. DOMICELLO:  Yes, your Honor.  
	To clarify, I will only be questioning with regard to the amended petition.  The allegations in the original petition were already handled at the last hearing.
	THE COURT:  Okay.DIRECT EXAMINATION
BY MR. DOMICELLO (Continued):
	Q	Your petition states that Mr. Coutsoukis continues to harass you and your child, Theodora Coutsoukis.  The harassment is accomplished through the use of telephone and my facsimile.  Can you explain, giving us dates, how that occurred?
	A	Well, the telephone, Mr. Coutsoukis uses the telephone in terms of mentioning things to harass my daughter to say that her teachers -- he is a better speech teacher than they are because they are a bunch of disabled morons.
	Q	Do you have actual knowledge that he says this?
	A	Yes.
	Q	How do you have actual knowledge of that?
	A	There are phone calls that occur every night, virtually every night between Mr. Coutsoukis and his daughter, and we are on the speaker phone.
	Q	You are on the speaker phone?
	A	Yes.
	Q	And he says these type of things.  
		One day Theodora was holding up the letter "B" and she said, "B," and he said, "Are you saying 'B' Teddy?" and I said, "No, she is saying 'B', B E A T.   The letter 'B' as a little letter that the child puts in the bathtub that will stay up.  It is like a little letter 'b.'  Alphabet 'b.'"
		He said, "Are you beaten at school?"
		I said, you know, "Don't ask.  This is not appropriate."  
		He says, "I am allowed to ask my daughter if she is being beaten."
		I mean, how confusing for a child--	MR. COUTSOUKIS:	Objection.   
	THE WITNESS:  --who is saying the letter "B."
	MR. COUTSOUKIS:  She would be answering--
	THE COURT:  Next question.	Q	Does Teddy have any response to Mr. Coutsoukis?
	A	She has to be confused.  She doesn't know what he is talking about.  She doesn't know what to be beaten means.  She knows she receives wonderful care at school.	MR. COUTSOUKIS:  Excuse me, your Honor.  When I was asked--
	MR. DOMICELLO:  If there will be an objection, he should object.
	MR. COUTSOUKIS:  Yes.
	THE COURT:  What is your objection?
	MR. COUTSOUKIS:  Exactly --
	THE COURT:  What is your objection?
	MR. COUTSOUKIS:  I was told about dismissing my employee, answer yes or no, no stories, no explanations.  And when I said, "Yes--"
	THE COURT:  I am sorry, Mr. Coutsoukis.  No, no.  That is not an objection.  You will have a chance to testify.  
	MR. COUTSOUKIS:  Right.  It would be fair.
	THE COURT:  Right now this is not an objection.
	MR. COUTSOUKIS:  Object, I object.  I object to the long story.
	MR. DOMICELLO:  Objection.  Your Honor, my client is answering the question, and she should be allowed to continue, finish answering the question.
	THE COURT:  The objection is overruled.
	MR. COUTSOUKIS:  Are we having an audio record of this, your Honor?
	THE COURT:  No, we have a court reporter here, Mr. Coutsoukis.
	MR. COUTSOUKIS:  Could we have the audio record also, please?
	THE COURT:  No, we have a court reporter.  That is all that is needed.
	MR. COUTSOUKIS:  Thank you, your Honor.	Q	Are there any other calls that you would like to--
	A	He says, he also says things about her teachers to demean them. 	MR. COUTSOUKIS:  Objection.  She is supposed to specify time.
	THE WITNESS:  During these phone calls.
	MR. COUTSOUKIS:  Time.	Q	When did the phone calls take place?  Dates?  If you can recall.
	A	I don't recall the dates.
	Q	Did it happen between the filing of the first family offense petition and the amended petition?
	A	It will be, yes.
	Q	What about the calls with regard to the teachers?
	A	That call just happened about the teachers, about the, that the teachers are disabled morons.  Saying she has teachers who are disabled morons.
	Q	Who--  Did Mr. Coutsoukis say that to you?
	A	On the phone when Teddy was listening.
	Q	Was Teddy talking to him on the phone?
	A	She was involved in the conversation.
	Q	Okay.  You stated before you have a speaker phone?
	A	Right.    
	Q	When Mr. Coutsoukis calls you, you pick up by the speaker phone?
	A	Yes.
	Q	So both you and Teddy are -- at the same time can hear everything Mr. Coutsoukis says?
	A	Typically, yes.
	Q	Okay.  And you heard Mr. Coutsoukis tell the room, whoever is in the room, that his teachers were disabled and morons?
	A	He said, "I can teach speech better than those teachers because they are disabled morons."
	Q	What was--  Any response you had to that?
	A	I, aside from hanging up the phone, and having him call back or say, This, this conversation is not appropriate, that is--  Those are basically my responses.  		And he feels that he can ask his daughter whatever questions he wants regarding -- regardless of whether I believe they are appropriate.	MR. COUTSOUKIS:  Objection.
	THE COURT:  Next question.	Q	Can you lay some examples of the questions he has that were asked that you thought were inappropriate?
	A	Or comments that he has made, you mean?	MR. COUTSOUKIS:  Your Honor, I am not sure the complaint which is an order of protection protects Susan from harassment by telephone is applicable to this.       
	MR. DOMICELLO:  My amended petition states my client on behalf of Theodora.
	THE COURT:  It does.
	MR. DOMICELLO:  I am saying that these phone calls, facsimiles are harassing to the child also.
	THE COURT:  Let's proceed.  
	Objection overruled.
	MR. DOMICELLO:  Thank you.
	THE WITNESS:  Well, in the recent 
exchange--
	THE COURT:  I am sorry.
	Go ahead.
	THE WITNESS:  In the recent exchange Theodora went to hit me.  I said, "There is no hitting"; and Photius said to her, "When you get older you can hit your mother."
	MR. COUTSOUKIS:  Time, please.
	THE WITNESS:  Sunday.
	MR. COUTSOUKIS:  Date.
	THE WITNESS:  Sunday.	Q	Last Sunday?
	A	Yes.
	Q	You say "exchange."  This is the time when you and Mr. Coutsoukis exchanged Teddy for visitation?
	A	Yes.
	Q	Thank you.  With regard to your allegations regarding harassing faxes, okay, did you routinely receive faxes from Mr. Coutsoukis?
	A	Not anymore.  Not since the complaints.
	Q	Since the amended petition was filed?
	A	No, the first petition.
	Q	The first petition?
	A	Right.
	Q	But there were harassing facsimiles prior to that; correct?
	A	There should be a copy of the fax in the file per that, that original petition.
	Q	Did you mean the court file?
	A	Yes.	MR. DOMICELLO:  Your Honor, when we filed the original petition there was no attachment to it.  I am requesting that, whether the Court can check the file and see if there were any attachments to Ms. Samora's family offense petition with regard to facsimiles.
	THE WITNESS:  It would have been that September 25th date, attachment.
	MR. COUTSOUKIS:  Your Honor, I looked in the file. Perhaps for the sake of expediency -- it is three o'clock -- Susan can describe it.
	THE COURT:  The Court is reviewing the file.
	MR. COUTSOUKIS:  Okay.  Is it possible to refer to that question and proceed in the meantime.  To save the Court's time.
	MR. DOMICELLO:  It is not in the Court's file?
	THE COURT:  It doesn't appear to be.
	MR. DOMICELLO:  I will seek to enter the original into evidence.
	MR. COUTSOUKIS:  Can he enter evidence after this hearing, your Honor?  Is that regular? 
	MR. DOMICELLO:   Evidence goes in during the hearing.
	MR. COUTSOUKIS:  Okay.
	THE WITNESS:  It would have been in handwriting form.  You know, a person's handwriting.
	MR. COUTSOUKIS:  May I note that the petitioner's attorney has just conferred with the law guardian, who does not confer with me, ever.
	Are you writing that?  
	THE WITNESS:  Do you want me to just try and remember?
	THE COURT:  Just a minute.
	There doesn't appear to be any attachments to the original family offense petition.
	MR. DOMICELLO:  I have the original, and I will have them marked for evidence.
	MR. COUTSOUKIS:  During the hearing?
	THE COURT:  Okay.  Do you want that marked Petitioner's Exhibit 1?  
	MR. DOMICELLO:  Yes, your Honor.
	THE COURT:  They will be marked for identification.
	Do you want to ask her to identify it before it is marked.	Q	Ms. Samora, will you, please, identify what the court officer is about to give you?  
	A	Yes.  This isn't what went with the petition. 
			(Two-page document marked Petitioner's 		Exhibit No. 1 for identification.)	THE WITNESS:  This isn't what went with the petition.  	Q	When was that faxed to you?
	A	That was faxed August 20th, and it, it does continue talking about how Mr. Coutsoukis has--  "Why does it matter--"	THE COURT:  I am sorry.  You can't read from what is in there.
	MR. DOMICELLO:  I ask that be entered into evidence.
	THE COURT:  Show it to Mr. Coutsoukis and Ms. Cotler.
	MR. COUTSOUKIS:  Will I be able to get a copy of this before I leave?
	THE WITNESS:  No.  You can look at it.  It will be in evidence.
	MR. COUTSOUKIS:  Thank you.  I may not.  There is nothing harassing in those faxes that I just read.
	MR. DOMICELLO:  Your Honor, I am going to object.
	MR. COUTSOUKIS:  Sorry.
	MR. DOMICELLO:  We will have that statement stricken from the record.  
	THE COURT:  It will be struck.
	MS. COTLER:  No objection.
	THE COURT:  Mr. Coutsoukis, you have your objection.
	Ms. Cotler?
	MS. COTLER:  No objection, your Honor.
	THE COURT:  Okay.
	MR. COUTSOUKIS:  I have no objection.
	THE COURT:  You have no objection?
	MR. COUTSOUKIS:  No.
	THE COURT:  It shall be admitted into evidence, Exhibit 1.
	(Petitioner's Exhibit No. 1 was marked in evidence.)
	THE COURT:  Okay. Continue.
	MR. DOMICELLO:  I would like Ms. Samora to take a look at that, please, your Honor.
	(Handing.)	Q	Do you remember receiving that fax on August 20th, 1998?
	A	Yes.
	Q	Can you read the fax to the Court, please.
	A	Now, I can read it.
		Why did it matter to you.  Whether she is here or at --in parenthesis-- school she will be out of your hair anyway.  And I am sure you are aware that she is happier here and learns more than in the awful institution where you have tried so hard to incarcerate her from birth.  I am sure those, again, school -- in quotation -- people will not mind if Teddy did not go on her birthday.  The school board is required to provide the -- in quotation marks -- service and to them she is a job and they would be delighted with the respite.       
	Q	Did you have a conversation with Mr. Coutsoukis about that fax?
	A	I don't recall.  Probably.  His inappropriate--	MR. COUTSOUKIS:  Objection.
	THE WITNESS:  --behavior.
	THE COURT:  Just answer the question.
	MR. COUTSOUKIS:  Thank you.
	THE COURT:  She said, "I don't recall."	Q	May I see that?
	A	(Handing.)
	Q	When you enrolled Teddy in the school, did you discuss that with Mr. Coutsoukis whether--
	A	No.
	Q	You have sole custody of the child; right?
	A	And part of the court order is that he is not involved in any decision making.	MR. COUTSOUKIS:  Excuse me.  Objection.
	THE COURT:  Next question.	Q	How do you feel when you read something by Mr. Coutsoukis that says, That awful school, and you have tried to incarcerate her?  
	A	It sickens me.
	Q	You have always taken--
	A	And that is part of what makes me not remember.
	Q	You have always taken a very intense, what should I say, interest in your daughter's schooling; is that correct?
	A	Yes.  Very correct.  I advocate for my daughter. 	Q	 And Mr. Coutsoukis still says these things about you; is that true?
	A	That is correct.  And when he says that she is beaten--  Are you being beaten at school?  Or he just last night or the night before said--	MR. COUTSOUKIS:  Objection.
	THE WITNESS:  --hit, beaten by--
	THE COURT:  Overruled.
	THE WITNESS:  He said to me, How do you know she is not being hit or beaten at school?  You let her go.  You are not with her.  
	Her school, there are almost as many adults as there are children.  Her teacher is a gift from God.
	THE COURT:  Okay.  Next question.	Q	During pick up and drop off for Teddy, the visitation, Mr. Coutsoukis and you communicate through letters and writing; is that correct?
	A	Not anymore.
	Q	But you did prior to the petition being filed; is that correct?
	A	Right.
	Q	Did you ever make up a father info sheet?  
	A	Per the custody agreement from Oregon and the divorce decree, there, there is a mother's info sheet and a farher's info sheet that go back and forth, from the exchanges, from the mother to the father and vice versa to help the other parent understand what is going on with Theodora.  Everything from, at one point, when she had naps to bowel movements, to instructions for her very special diet that she is on, her sleeping schedule.  
		That form was compiled by my attorney in Oregon and myself.
	Q	I would like you to take a look at this and advise the Court what it is, please.	THE COURT:  Show it to her.
	THE WITNESS:  Thank you.
	(Handing.)
	THE WITNESS:  This is, this is a sheet that Mr. Coutsoukis filled out.	Q	It is the father's info sheet?
A	Right.	MR. COUTSOUKIS:  May I request a question?  	Is this-- Doesn't proper preparation require that you make copies for the parties?
	THE COURT:  No.
	MR. COUTSOUKIS:  All right.
	THE COURT:  Continue.	Q	Is that the sheet that was created pursuant to the Oregon order?
	A	Yes.
	Q	You see handwriting on that sheet?
	A	Yes.
	Q	Whose handwriting is that?
	A	Mr. Coutsoukis.
	Q	Did you recognize it as such?
	A	Yes.	MR. DOMICELLO:  I would like that marked, your Honor, as Petitioner's 2.
	THE COURT:  Show it to Mr. Coutsoukis and Ms. Cotler.
	(Handing.)
	THE COURT:  Okay.  Mr. Coutsoukis, any objection?
	MR. COUTSOUKIS:  No, ma'am.  No, your Honor.
	MS. COTLER:  No.
	THE COURT:  Be admitted into evidence, Exhibit 2.   
	(Document marked Petitioner's Exhibit No. 2 in evidence.)	Q	Do you recall receiving that from Mr. Coutsoukis on October 2nd, 1998?
	A	Yes.
	Q	How did you receive it?
	A	Typically, I received those forms in her bag, in Teddy's bag.
	Q	Whose bag?
	A	Teddy's bag, her overnight bag, her overnight bag she carries her clothes in.	MR. DOMICELLO:  May I see that, your Honor, please.
	MR. COUTSOUKIS:  Your Honor, are these petitions supposed to have a receiving deadline that never ends?  We are up to October already.  And--	 
	THE COURT:  Do you want to respond to that?
	MR. COUTSOUKIS:  Before that she had December 9th--
	MR. DOMICELLO:  Your Honor--
	MR. COUTSOUKIS:  --or 10th--
	MR. DOMICELLO:  All allegations are within the time frame as set forth in the petition.
	MR. COUTSOUKIS:  --'98.
	MR. DOMICELLO:  I don't think I am required if that is the objection to--
	MR. COUTSOUKIS:  Well, December 10th is not time frame.
	THE COURT:  The Court will allow it.  It is part of the res gestae.
	MR. COUTSOUKIS:  All right.
	MR. DOMICELLO:  Thank you, your Honor.	Q	Did Mr. Coutsoukis typically make comments on these, inserts, comments at the bottom of these father info sheets?
	A	Yes.
	Q	Can you read the comments, other information section of this one, please.
	A	It states, First the keto diet.  Then you said no dairy.  Then you give her butter without saying a word to me.  Ever since you took, ever since you took Teddy from me it has been the blind leading the blind and Teddy has gotten worse.  You have no shame and you don't know what you are doing.  And when you do, you don't care.
	Q	How do you feel when you read that?
	A	Sickened.
	Q	The keto diet you are talking about.
	A	I hate looking at his sheets.  He always has comments that are inappropriate and demeaning and nasty.
	Q	But--
	A	Most of the time.
	Q	You, but you are required to read them for your daughter's diet; is that correct?
	A	Yes.  Of course.
	Q	Did you ever ask Mr. Coutsoukis to refrain from making such inappropriate comments?
	A	I don't recall, but it wouldn't make a difference anyway because he is going to do whatever he wants to do.	MR. COUTSOUKIS:  Objection.
	THE COURT:  All right.  Next question.	Q	Now, get to the mail.  
		Do you receive mail from Mr. Coutsoukis during the time frame of the petition; is that right?
	A	Yes.  	MR. COUTSOUKIS:  What time frame would that be?      
	MR. DOMICELLO:  September 25th until the date of filing the petition, which you have a copy of.
	MR. COUTSOUKIS:  The petition was filed--
	MR. DOMICELLO:  The amended petition, sir.
	MR. COUTSOUKIS:  Your Honor, it is almost 3:30.  I would like to be able to defend myself.  	Can he expedite what he is doing?  Make him faster, please.
	THE COURT:  How much longer will you be?
	MR. DOMICELLO:  What I will do is, I will have all of these three mailings marked as evidence, and you can do them all three at once.
	THE COURT:  They will be marked Exhibit 3 for identification.
	(Documents marked Petitioner's Exhibit 3 for identification.)
	THE COURT:  Show it to the witness.
	(Handing.)	Q	Do you recognize those?
	A	Yes.
	Q	And who did you receive those from?
	A	Mr. Coutsoukis.
	Q	How did you receive them?
	A	Via the U.S. mail.
	Q	Did you notice--  
		Can I have it back, please.  
		Did you notice any handwriting on those sheets I gave you?
	A	Yes.  The second sheet has handwriting on it.
	Q	Whose handwriting is it?
	A	It is Mr. Coutsoukis's.	MR. DOMICELLO:  Thank you.
	THE COURT:  All right.  Show it to Mr. Coutsoukis and Ms. Cotler, please.
	(Handing.)
	MR. COUTSOUKIS:  No objection, your Honor.
	MS. COTLER:  No objection.
	THE COURT:  Any objection, Ms. Cotler?
	MS. COTLER:  No, your Honor.
	THE COURT:  It will be admitted into evidence.
	(Petitioner's Exhibit No. 3 was marked in evidence.)	Q	Those--	MR. DOMICELLO:  May I continue, your Honor?
	THE COURT:  Please.	Q	Those communications via mail, those letters and packets you received from Mr. Coutsoukis, what are they about, in your opinion?
	A	They are his rantings about how to take care 
of Teddy, or how, for example, one of the--  One of them had to do with A.B.C. News Magazine episode, and his comments were something about, you know, tyrannical parents of children that are horrible and unable to be disciplined and, and his implication is that I am a tyrannical parent.
	Q	Is that what you believe?
	A	I don't believe that.  But that is what I believe is his implication, yes.
	Q	That is how you perceive it?
	A	He said to me on occasion that I am tyrannical.  That he makes comments about mothers that are, that are commandants.  
		He calls the mother in this one little story a commandant.  	MR. COUTSOUKIS:  Objection.
	THE COURT:  Overruled.
	THE WITNESS:  And the first letter I would have to re-look at to remember it more.	Q	Would you like to refresh your recollection?
	A	Yes, I would like to, if I may.
		Thank you.
	Q	Can you pick out the portion of the letter that you believe is harassing?
	A	Well, things like, "I cannot imagine what possessed you to put Teddy in a public kindergarten where she is so restricted.  She must be crawling out of her skin.  She is getting worse by the day and you have to be completely out of touch with reality not to see her."  
		Where I see a child who is getting better.  And her teachers feel the same way.	MR. COUTSOUKIS:  Objection.
	THE COURT:  Sustained.
	THE WITNESS:  "When you separated us, with so much cruelty and dishonesty, it was worse than cutting Helen Keller off from Anne Sullivan, her teacher, because Teddy was younger and our bond was deeper.  That is only part of the reason why Teddy got worse and I have previously spoken about the others.  So what are you going to do as Teddy gets worse and worse?  Willowbrook?  Southbury Training School?  Those are places where unwanted children are put to a slow death."  
	So he is constantly--
	MR. COUTSOUKIS:  Excuse me, Judge.  
	THE WITNESS:  I didn't say anything.
	COURT OFFICER:  Ma'am.	Q	Answer the question.  Please, continue.	THE COURT:  Please, finish.
	THE WITNESS:  So those are, that is--  There are other things in here.
	MR. COUTSOUKIS:  Objection.  She is supposed to read.  She was asked to read.  She is not reading.	Q	There seems to be a theme going through these letters and faxes.
	A	Right.
	Q	What is that theme?
	A	The theme is that Theodora is being mistreated.  She is not being taken care of.
	Q	By whom?
	A	By me.
	Q	And how about Mr. Coutsoukis?  Does he allege he can take care of Theodora?
	A	He is the only person who can take care of Theodora and give her exactly what she needs.  
		He talks about her splints which are--	MR. COUTSOUKIS:  Objection.  She was asked about the theme.  
	THE WITNESS:  Well, that is part of it too.	Q	Give us an example of his theme.
	A	He talks about her splints which are prescribed by a physiatrist, and he says they are very restrictive and that her arches have gotten worse.  And he said that Teddy was doing better with the soft rubber arches.  Have you thrown them out?  
		Those arches were three years old, two or three years old, and her foot has grown.	MR. COUTSOUKIS:  Objection.  She is not an expert on arches, your Honor.   
	THE WITNESS:  I am--
	THE COURT:  Overruled. 
	THE WITNESS:  I am an expert on arches, as I know they are sized, okay.  And it just shows me how out of touch with reality he is to make such a suggestion.	Q	Do you recall a conversation of November with Mr. Coutsoukis regarding what he believes this Court would do in this case?
	A	Mr. Coutsoukis called me up one time and said--	MR. COUTSOUKIS:  Your Honor, please.	Q	November, 1998; is that correct?
	A	Yes.  And he said did I know that this Court takes children away from, from warring parents?
	Q	"This Court," meaning Judge Braslow?
	A	This Court, meaning Judge Braslow.
	Q	What was your response, if any?
	A	"No.  That can't be true."	MR. COUTSOUKIS:  Your Honor, I object to it.  What is the point of this part?
	MR. DOMICELLO:  Your Honor, this is harassment.  
	MR. COUTSOUKIS:  Asking her a question?  Is harassment asking her whether she is aware of the fact--
	THE COURT:  I will allow it.  
	Go ahead.
	MR. COUTSOUKIS:  What is the definition of "harassment," your Honor?
	I am beginning--
	MR. DOMICELLO:  I don't think the Court has to provide a definition to the litigant.
	THE COURT:  Continue, Mr. Domicello.	Q	Your response was what?
	A	It was very intimidating and frightening because what he was saying--	MR. COUTSOUKIS:  Objection.  He asked for her response.  	
	THE WITNESS:  I said my response was, you know, "I don't believe that that was going to happen."	Q	How did that conversation make you feel?
	A	Frightens me.  Just like every court hearing frightens me because I just want to make sure that Theodora is taken care of and that the Court isn't, you know, involved in her parenting as such.  That, you know, I don't want Theodora taken away from me.
	Q	During your transfers of physical custody of Theodora for visitation, okay, on September 28th, 1998, what happened?
	A	That is Theodora's birthday.
	Q	What happened on her birthday?
	A	Her father, we met at the police station.  She had a dress on.  He lifted her dress to make sure and to check for her bruises on her legs.
	Q	He lifted her dress out in the middle of the street?
	A	This is inside the police department.
	Q	Inside the police station in your presence?
	A	There is a little waiting area.  You know, to knee length.  I am not saying he lifted her dress completely.
	Q	What was he doing that for?
	A	I believe that he does that all the time.  I believe that if -- and this is my belief only -- if she is getting changed for a bath, he looks at her legs and see if she has bruises on them.  
		And this implication that I am causing the bruises or I am allowing the bruises to happen, and that, that never happened--
	Q	Has he ever found a bruise?   
	A	Yes, sure.  She is five years old.  Children fall.
	Q	What happened when he found the bruise?
	A	Oh, "This doesn't happen on my watch.  Can't you take better care of her?"  
		Looks.  Looks that could kill.  As though I stabbed her or something.  That I made the bruise happen on her leg.
	Q	That is what you feel?
	A	Absolutely.  Absolutely.
	Q	Does the pick up and drop off of Teddy for visitation, does that go smoothly?
	A	No.  Doesn't go smoothly.
	Q	Why not?
	A	If it goes smoothly, it is an exception.  Because Mr. Coutsoukis will not allow Theodora to be at all uncomfortable.  Okay?  He has allowed her to chase my car.  He has allowed her to chase me.  
		I mean, do you know what it feels like to have your child chasing after you when you are walking away and you don't know and here she comes?  
		How did it feel for her?  Your mother is leaving you, is the message, always is.	MR. COUTSOUKIS:  Objection.  Speculation.
	THE WITNESS:  Oh, I don't think so.
	MR. COUTSOUKIS:  About how my daughter feels.
	THE COURT:  All right.  I will sustain that.
	THE WITNESS:  It happens repeatedly.  It just happened on Sunday.	Q	What happened on Sunday?
	A	Because of the cold.  I suggested we just go into the police station.  It was bitter, bitter cold.  That Mr. Coutsoukis take Teddy from my car and put him into her car.	MR. COUTSOUKIS:  "Her car"?
	MR. DOMICELLO:  Your Honor--
	MR. COUTSOUKIS:  I am sorry.  If I can apologize.
	THE WITNESS:  Into her father's car.  Excuse me.
	Thank you.
	And he, he delays the change.  
	I said, "Please, just take her."
	She came back.  She, she comes back to the window.  She--  The window of my car.  He rolled down the window.  So that then I hug her and I kiss her, and, instead of him just taking her to the car and putting her in there, and if she is upset, she is upset for a minute, and then go.  But, no, I have to then pull off to make the exchange, so, again, I am, you know, abandoning her.
	MR. COUTSOUKIS:  Your Honor, it's twenty 
to four.  I would like to be able to defend myself.
	THE COURT:  Anymore questions, Mr. Domicello?
	MR. DOMICELLO:  Yes.	Q	Does Mr. Coutsoukis smoke?
	A	Mr. Coutsoukis lives to smoke.
	Q	Are you aware of whether or not he smokes in Teddy's presence?
	A	He smokes in Teddy's presence.
	Q	How do you know that?
	A	Because Theodora smells like an ashtray.  Her clothes smell like an ashtray.	MR. COUTSOUKIS:  Objection.  Speculation.
	THE WITNESS:  I have seen--
	THE COURT:  Overruled.	Q	Has Teddy had any medical problems that would make it unhealthy for her to be around smoking?	MR. COUTSOUKIS:  Objection.  She has no medical expertise whatsoever.
	THE COURT:  Overruled.
	THE WITNESS:  I have heard from her allergist pediatrician second-hand smoke, 
smoke--  She has this rhinitis, an allergy within her nose, and he believes that second-hand smoke is tantamount to child abuse.	Q	Have you discussed that with Mr. Coutsoukis?
	A	I have asked him not to smoke in her presence.	MR. COUTSOUKIS:  Your Honor, please, direct the witness to answer the question.  Precisely, as I was directed.
	MR. DOMICELLO:  She is answering the question.
	THE COURT:  No, you--
	MR. COUTSOUKIS:  Would the court reporter, please, repeat the question.
	THE COURT:  No.  I am going to continue.
	MR. COUTSOUKIS:  Okay.
	THE WITNESS:  She just had eye surgery.  I asked him to, please, not smoke in her presence.  And she came back and she smelled like smoke again. 
	You know, you can imagine having eye surgery, and, also, you live twelve days without any smoke in your environment, and then for two days you are in a smoke-filled apartment, and you go into a car.  
	When I open--
	MR. COUTSOUKIS:  Objection.  Speculation.  
	THE WITNESS:  He has never been to my apartment.
	THE COURT:  I will sustain the objection.
	Let's move on.		Q	On December 5th, did you and Mr. Coutsoukis--	MR. COUTSOUKIS:  Is this now December 5th?  You are allowing a continuing time frame, your Honor.
	MR. DOMICELLO:  Your Honor--
	MR. COUTSOUKIS:  I am a moving target.
	THE COURT:  What is the relevance of December 5th?
	MR. DOMICELLO:  Mr. Coutsoukis, we are alleging Mr. Coutsoukis harassed my client in the presence of the child.
	MR. COUTSOUKIS:  Excuse me.  Is harassment a specific act that can be explained to me?
	THE COURT:  I will allow it.	Q	Go ahead.  What happened on December 5th, if you recall?
	A	I went to Mr. Coutsoukis's apartment to get money because my support check didn't come in, and he agreed that he would give me money.  And he, he insisted that I stand in the vestibule of his apartment.
	Q	Did you want to do that?
	A	No.
	Q	Where did you want to stand?
	A	I wanted to stay in the car and let him stay with Teddy because everything would be fine.
	Q	There is a temporary order of protection; right?
	A	Right.	MR. COUTSOUKIS:  I don't have an order of protection against Susan.
	THE COURT:  Continue.
	THE WITNESS:  He made me stay in the vestibule where I could smell that his apartment smelled of smoke.  
	I think he smokes so much he isn't even aware of how much it smells and Theodora was there.  
	He told me to shut up.  He called me a moron.  And it was a very--  It was a horrible experience.	Q	Teddy was there?
	A	Teddy was there.  And--
	Q	Did Theodora see the dentist last week?
	A	I am sorry?
	Q	Did Theodora--
	A	Did she what?
	Q	Visit with her dentist last week?
	A	No.  She went in November.  She went to her dentist.	MR. COUTSOUKIS:  Objection.  The question was answered, I believe.	Q	In November, she saw him in November?
	A	Yes.
	Q	Did Mr. Coutsoukis have a conversation with Theodora that you are aware of?
	A	He had a conversation on the speaker phone.
	Q	Okay.
	A	Which said she had been raped by the dentist.
	Q	He said she had been raped by the dentist, on the speaker phone?
	A	Yes.
	Q	With Teddy listening and you listening?
	A	Yes.	MR. COUTSOUKIS:  I can tell you what the problem is.  
	Objection.
	THE COURT:  Let her continue.
	THE WITNESS:  He said there were three people who held Teddy down when she had her teeth cleaned.  And that is what he called 
rape.	Q	Was Mr. Coutsoukis there at the dentist?
	A	No.
	Q	How would you know this?
	A	My only guess is that he had a report from the dentist's office that talked about it.  Or he called them.  I don't know.  Maybe he called them.
	Q	How did you feel when he told you this on the speaker phone?
	A	Sickened.	MR. COUTSOUKIS:  How did Teddy feel?
	THE WITNESS:  Yes, how did Teddy feel?
	MR. COUTSOUKIS:  About--	Q	What reaction did Teddy have, if any?
	A	When I react and get upset about things, then she gets upset.  
		She doesn't, she does not know the word "rape, but she can understand what people's demeanor--	MR. COUTSOUKIS:  Objection.  Speculation about my daughter's thinking.  
	THE COURT:  I will allow it.
	THE WITNESS:  So that was my sense that, you know--  I am totally shocked and appalled when he says things like this.  
	It is just, it is so inappropriate, and I can't even believe he is saying it most of the time.	Q	Mr. Coutsoukis does these things -- everything 
-- we are talking about the telephone, faxes, the mail -- how does it affect you?	MR. COUTSOUKIS:  Your Honor, this is redundant.  He has asked the same question five times already.  How did this make you feel?
	MS. COTLER:  Objection, your Honor.
	MR. COUTSOUKIS:  How does that make you feel?  He is asking again, How does all of it make you feel?  
	It is called repetition, and it is a waste of the Court's time, and I need to defend myself today.
	THE COURT:  Overruled.
	THE WITNESS:  I don't like to answer my telephone.  
	I don't like to get my mail.  
	If I see Federal Express truck, which is how he usually sends things, my blood pressure rises.  
	I feel as though my life is not my own.  
	I am, you know, in court in two states.  
	I feel totally harassed.  And I feel sickened by the whole situation.  It is just too much.  	Q	Ms. Samora, what are you seeking from this Court?
	A	Freedom from this harassment.  
		I would like to have zero contact with Mr. Coutsoukis.  I would like our exchange to be done by a third party.
		I would like phone calls to be as the original court order decreed, once a week.  
		I don't want to have any contact with Mr. Coutsoukis, and that is what I am hoping for.
	Q	What about with regard to Teddy?
	A	I hope that, that Mr. Coutsoukis gets some help in understanding what is appropriate behavior for her, you know.  
		It is not appropriate for a five year old to have a bottle.  You know give her a bottle.	MR. COUTSOUKIS:  Objection, your Honor.
	THE WITNESS:  Sunday, she just came home with a bottle.
	MR. COUTSOUKIS:  I am watching the petitions as we go.
	THE COURT:  Overruled.
	THE WITNESS:  I would like her to, you know, not be examined for bruises.  
	I would like her -- Mr. Coutsoukis to understand what is appropriate and get some help in this matter.  And not subject our daughter to a horrible exchange where she could be chasing a car.  I want those things to be prevented, so she is not put into a comprising position as well as myself.	Q	When you say "help," what do you mean?	MR. COUTSOUKIS:  It is ten to four, your Honor.
	MS. COTLER:  Objection.  I think it is very unfair that Mr. Coutsoukis keeps interjecting about time.  All of these little comments.  He is the one claiming--
	MR. COUTSOUKIS:  I have the right to defend myself. 
	MS. COTLER:  He is making all of these little comments.  They are totally irrelevant.
	MR. COUTSOUKIS:  You have come 45 minutes late.  You arrived 45 minutes late.  My chances of getting a fair trial were diminished accordingly.  
	I would hope you would want to expedite matters instead.
	THE COURT:  That is enough.  I don't want you talking to the law guardian.  
	MR. COUTSOUKIS:  I apologize.  
	Your Honor, the law guardian arrived 45 minutes late.  You think if she had an iota of fairness and unbias in her veins she would want to expedite matters, so I can get a fair trial.  I am the accused party here.     
	THE COURT:  Mr. Coutsoukis, nobody is depriving you of a fair trial.  She arrived late.  She notified the Court.  
	MR. COUTSOUKIS:  Her time--
	THE COURT:  She notified the Court.
	MR. COUTSOUKIS:  Every time she arrives late.
	THE COURT:  Please, don't interrupt me also.
	MR. COUTSOUKIS:  Apologize, your Honor.
	MR. DOMICELLO:  I would like it known, for the record, Ms. Cotler was stuck in Florida for days with sick children and sick family, and she tried her hardest to get here.  Called me to make sure we can have this trial today.  It is very unfair.
	THE COURT:  Enough.
	MR. COUTSOUKIS:  This is not right.
	THE COURT:  Enough.
	MR. COUTSOUKIS:  This is not right.
	THE COURT:  Enough.
	MS. COTLER:  For the record, I understood this matter was to start at 2:15 and I arrived as 2:35.
	THE COURT:  I believe you did.
	MR. DOMICELLO:  Your Honor--	Q	When you say "help"-- 
		My last question.
		When you say "Mr. Coutsoukis get help," what do you mean?
	A	Counseling.	MR. COUTSOUKIS:  Objection.
	THE WITNESS:  Parental training.  Help.
	MR. DOMICELLO:  Thank you.
	THE WITNESS:  To realize that his behavior is not in Theodora's best interest.
	MR. DOMICELLO:  Thank you.  I have no further questions.
	THE COURT:  We will take a short recess.
	MR. COUTSOUKIS:  How long is the recess, your Honor?  
	THE COURT:  I cannot tell you.  You will find out when I call you back in.
	(A recess was taken.)
	AFTER RECESS.    
	THE COURT:  Be seated.
	All right.  Mr. Domicello, any other witnesses that you want to call?
	MR. DOMICELLO:  None, your Honor.  I believe Ms. Samora was on the stand, ready 
for cross-examination, but I have no more witnesses.
	THE COURT:  All right.  Ms. Samora, return to the witness stand.
	(The witness resumed the stand.)
	THE COURT:  Okay.  Start your cross-examination, Mr. Coutsoukis.
	MR. COUTSOUKIS:  Your Honor, regarding, if I may, boxes of records here, I called Susan DiRusso on Friday, who said that they were in the file, and yesterday I stopped at the court, this court clerk's office, where I got a copy of your decision regarding my motion to dismiss this petition, and I inquired about the record, and I was given what I was told was the complete records in F.U. 53516, which included the original, the Oregon record box, and Teddy's medical and educational records.  And I don't know if it is okay, normal, to retroactively remove records from the file.
	THE COURT:  You heard the order of the Court, sir.  
	Start your cross-examination.
	MR. COUTSOUKIS:  Okay.CROSS-EXAMINATION
BY MR. COUTSOUKIS:  
	Q	Susan, you referred to me as Mr. Coutsoukis in these proceedings.  Would you feel too harassed if I refer to you as "Susan," as I have for the last twenty years that I have known each other?  		THE COURT:  I am sorry?	Q	 I am asking you, Susan--	THE COURT:  I heard what you said.  You are directed to refer to her as "Ms. Samora."  Not "Susan."
	MR. COUTSOUKIS:  Okay.  In Oregon, she refers to herself as "Mrs. Coutsoukis."
	THE COURT:  You heard the order of the Court.
	MR. COUTSOUKIS:  Yes, ma'am.  Yes, your Honor.	Q	Ms. Samora, did you write your petition for an order of protection as in the past to harass me?
	A	No.
	Q	Isn't the purpose of this petition, as all the others, intended to distract and avoid the truth, namely, that your actions have caused a child who was born in perfect health and with perfect genes, as shown in all the tests--	MR. DOMICELLO:  Objection to the form of the question, your Honor.
	THE COURT:  Sustained.	Q	Isn't the purpose of your--	THE COURT:  Do not ask the same question.
	MR. COUTSOUKIS:  I thought it was just the form of the question.  Okay.	Q	In your opinion, is it okay to lie for a good cause?
	A	No.
	Q	You said, "No"?
	A	It is not good to lie for a good cause.
	Q	Isn't it true that through these proceedings you have lied and perjured yourself?	MR. DOMICELLO:  Objection, your Honor.
	THE COURT:  Sustained.	
	MR. COUTSOUKIS:  Okay.  I would like to--  Your Honor, I didn't ask you this, but I have a back problem.  Is it okay to do this while sitting?
	THE COURT:  It is better to stand.
	MR. COUTSOUKIS:  Is it okay, if I have a back problem?
	THE COURT:  Mr. Domicello stood.  It is respectful to the Court to stand.
	MR. COUTSOUKIS:  I have a real back problem.  She knows.
	THE COURT:  Not aware of any back problem, sir.
	MR. COUTSOUKIS:  Okay.  I am standing.
	I have a document, of which I have four copies.  It is an exhibit, to ask questions from Susan, Ms. Samora.  It is Respondent's Exhibit "U."
	THE COURT:  Respondent's Exhibit "U"?
	MR. DOMICELLO:  Your Honor, I don't think we had--
	THE COURT:  There is no "U" in this case.
	MR. COUTSOUKIS:  What would you like to call my exhibit, your Honor?  I have an exhibit, a document for Ms. Samora to verify and read pertaining to this petition.
	THE COURT:  Why don't you ask her to take a look at it.
	MR. COUTSOUKIS:  Should I bring it over to her?
	THE COURT:  You stay there.  The court officer will bring it over to her.
	MR. COUTSOUKIS:  Can I have one of the copies back, please?
	THE COURT:  Are you showing her the same document, copies of the same document?
	MR. COUTSOUKIS:  Yes.  So I need one of the copies to look at while--  Yes.  Those are four copies.  I thought I might give copies to the others, to the lawyers here.  	Q	Would you, please, look at the bottom of the second page, and verify that is your official signature?
	A	Yes.
	Q	And does it say above that, "I declare under--"  		Can you read what it says over your signature?	MR. DOMICELLO:  Objection, your Honor.
	MR. COUTSOUKIS:  It says, "I declare under oath--"
	MR. DOMICELLO:  This document is not in evidence.
	THE COURT:  I will sustain the objection.  She identified her signature.
	MR. COUTSOUKIS:  I beg your pardon?
	THE COURT:  She identified her signature.  She cannot read from a document that is not in evidence.
	MR. COUTSOUKIS:  Okay.  I would like to introduce it into evidence.
	THE COURT:  Show it to counsel, please.
	MR. COUTSOUKIS:  Show it to counsel?
	THE COURT:  Yes.
	MR. COUTSOUKIS:  (Handing.)   Page Two.  On the bottom.
	MR. DOMICELLO:  Your Honor, I am going to object.  Relevance.
	This is a document filed in 1993, allegedly.  It has nothing to do with the Family Court matter nor a family offense matter.  It is five years before the fact, your Honor.
	MR. COUTSOUKIS:  This document--
	MR. DOMICELLO:  I am objecting.
	MR. COUTSOUKIS:  It is a series of pieces of evidence I would like to introduce to demonstrate that Ms. Samora has a long history in these proceedings pertaining to the entire divorce from day one of perjury, false statements under oath.
	THE COURT:  We will let the law guardian look at it.  
	While the law guardian is doing it, it will be marked as Respondent's Exhibit A for identification.
	MR. COUTSOUKIS:  I am not sure what the law guardian has to do to verify this.
	THE COURT:  Please, let me finish.
	MR. COUTSOUKIS:  I apologize.  You are right.  
	THE COURT:  Mark it Respondent's Exhibit A for identification.
	(Document marked Respondent's Exhibit A for Identification.)
	THE COURT:  All right.  Ms. Cotler.
	MS. COTLER:  I would object to this document as well.  I don't see that is relevant.  And we, also, don't have any authentication in terms of--  Looks like it is a court document.  
	MR. COUTSOUKIS:  Susan--  No, it is a court document signed by Susan.  And Susan can authenticate that.
	MR. DOMICELLO:  I agree.  There is no certification on the document.  It is a true copy.  
	THE COURT:  This document will not be marked in evidence.	Q	Susan, you state--	MR. COUTSOUKIS:  Okay.  Before I proceed, your Honor. 
	It has become evident, I think, that the court reporter has a hard time keeping up with the proceedings.
	THE COURT:  That is not evident to the Court at all.
	MR. COUTSOUKIS:  Well, we have been stopping constantly to accommodate the--
	THE COURT:  No, we are not stopping constantly to accommodate her.  That is inaccurate.
	MR. COUTSOUKIS:  Okay. 	Q	Susan--	THE COURT:  No.  Ms. Samora.
	MR. COUTSOUKIS:  I am sorry.  I apologize.	Q	Ms. Samora, do you recall filing under oath a petition for divorce while lying about the fact you are not a resident?	MR. DOMICELLO:  Objection.  Outside of the scope of direct.  Argumentative.
	THE COURT:  Objection sustained.  
	MR. COUTSOUKIS:  I would like to document to this Court.  My job is, here, to present the facts about this case.  And the petition was filed by the petitioner, who has a very long and strong record of dishonesty and perjury, and I would like to show that to the Court.
	THE COURT:  Objection sustained.
	MR. COUTSOUKIS:  Okay.  I have another document I would like to submit, and I, also, have copies for counsel.  
	THE COURT:  Well, why don't you have the witness identify the document.  Ask her what it is and if that is her signature.
	MR. COUTSOUKIS:  Okay.	Q	Susan, Ms. Samora, these documents, would you identify all these documents, please.  I call them proof of, of delivery from Federal Express.  More particularly, would you identify as the person who signed the -- all these documents?
	A	Well, there are numbers of documents here.
	Q	Aren't these--
	A	This--
	Q	--documents from Federal Express showing when and where items were delivered and a picture of the signature or the name of the signature of the person who received them?		MR. DOMICELLO:   Could Mr. Coutsoukis clarify whether or not the signature on the Federal Express page is Susan Samora's or the entire document was signed by Susan Samora?
	MR. COUTSOUKIS:   The document--  
	No, I am asking whether Susan is the person who produced the signature whose picture appears or whose name appears on these documents that were produced by Federal Express.
	THE WITNESS:  No, I don't think so.	Q	You are saying the, that the first one that, that says Samora is not something that you did on April 8th, 1998 in receipt of a letter that Federal Express from me?
	A	This one is, the first one I have is July 15.
	Q	Okay.  On the July 15th there is--
	A	It does look like my handwriting.  No, I am not saying I didn't get anything.  It is very possible I did.  And--  But if you are asking me if that is my handwriting, it doesn't look like it to me.
	Q	Okay.  It doesn't look like your handwriting.  Did you receive on that date a Federal Express letter, a package from me?
	A	I don't remember.
	Q	You don't recall, you said.  How about the next one?
	A	Again, it doesn't look like.
	Q	And what was the date of that?
	A	September 24th, 1998.
	Q	Yes.  It says signed by S. Samora, and there is a handwriting signature.  A picture of a handwriting signature underneath. 	MR. DOMICELLO:  Is Mr. Coutsoukis testifying or asking a question.
	THE COURT:  Just ask the question.	Q	Okay.  Where it says, Signed for by, what does it say?
	A	Are you talking about the delivery date, September 5th?
	Q	Yes.  Look right over the pictures of the signature.  It says, Signed for by or released by?
	A	Released by.
	Q	Okay.
	A	Okay.  I just see something, that it is not very clear, and I am not sure if that is my signature or not.  It could be, but I am not sure.
	Q	On that date, did you receive the document or package that required your signature, from me?
	A	I don't remember.
	Q	You don't remember?
	A	September 24th, 1998?
	Q	Have you ever received--   
	A	Yes, that is the date that is very much within, under the period that we were being accused of things.  1998?  Oh.  It could well be.
	Q	Did you ever receive any Federal Express letters or packages from me?
	A	Yes.
	Q	Okay.  Now, can you look at the rest of them, and tell us whether those dates look reasonably within the range of when you received those Federal Express letters or packages from me?
	A	I don't know.  But it is reasonable.  If this is what they are saying they delivered, I am sure, that, I am sure.	MR. COUTSOUKIS:  Show it to counselor.
	THE COURT:  Show it to counsel.
	MR. COUTSOUKIS:  And Ms. Cotler.
	(Handing.)
	MR. COUTSOUKIS:  May I proceed?
	THE COURT:  No.
	Mr. Domicello?
	MR. DOMICELLO:  May I voir dire the witness, your Honor?
	THE COURT:  Yes.VOIR DIRE EXAMINATION
BY MR. DOMICELLO:
	Q	Ms. Samora, do you have the document in front of you?
	A	I do.
	Q	Could you look at the page, first page?
	A	Is that the July 14th date?
	Q	Yes.
	A	Yes.
	Q	Look at the signature.  Does that look remotely the same as the signature, as the second page signature?
	A	No.
	Q	Does that remotely--  Do those two signatures look like the third page signature?
	A	No.
	Q	Does the first three pages look like the fourth page?
	A	No. 	MR. COUTSOUKIS:  Can I ask a question?CROSS-EXAMINATION
BY MR COUTSOUKIS:
	Q	Do any of the signatures look remotely like the signature you identified as your official signature prior to this question?
	A	Wait--
	Q	Susan--	THE COURT:  Ms. Samora.
	MR. COUTSOUKIS:  I am sorry.
	THE WITNESS:  December 14th is my signature.	Q	That is the only one?
	A	That looks like my signature.
	Q	Which one is that?
	A	December 14th.
	Q	Okay.		THE COURT:  Then, that being the 
case--
	THE WITNESS:  As much as I could see.  I mean, I don't know.
	THE COURT:  That document alone will be marked Respondent's Exhibit B for identification.
	MR. COUTSOUKIS:  Okay.
	THE COURT:  Just a minute.  B for identification.
	(Document marked Respondent's Exhibit B for identification.)
	THE COURT:  All right.  Any other voir dire?
	MR. DOMICELLO:  None, your Honor.  I will let Mr. Coutsoukis finish, and then I will make my objections.
	THE COURT:  Yes.	Q	Did you file a signature with Federal Express--	THE COURT:  Are you asking that this document be admitted into evidence?
	MR. COUTSOUKIS:  I thought you said one page only would be admitted.
	THE COURT:  No, being marked only for identification.  It is not in evidence.
	MR. COUTSOUKIS:  I apologize.  
	Would you, please, admit that document, the one that Susan admitted looks like her signature, only.
	THE COURT:  It is the one Ms. Samora--
	MR. COUTSOUKIS:  Ms. Samora.  Ms. Samora, the exhibit.
	THE COURT:  Any objection?
	MR. DOMICELLO:  I object to the relevance of this.  This is merely a Federal Express sheet delivery.
	MR. COUTSOUKIS:  May I explain the relevance?
	THE COURT:  Yes.
	MR. COUTSOUKIS:  Okay.
	MR. DOMICELLO:  I am asking for an offer of proof.
	MR. COUTSOUKIS:  Okay.  The relevance here is that we know what Susan's signature looks like.  She has identified.  She has been required to sign the receipt for documents that pertain to this court action.  And each time she receives one of these documents she signs a different kind of signature, none of which, even though the one that we are putting in as evidence, or I am proposing to put in as evidence even looks remotely close to her authenticate signature.  That is the relevance of the matter.
	MR. DOMICELLO:  Your Honor, I object.  I see absolutely no relevance to this.  
	If Mr. Coutsoukis is alleging that Ms. Samora falsified her petition--
	MR. COUTSOUKIS:  No, I am alleging, I am alleging she is, she is evading, she evades receipt of a document by changing her signature.
	THE COURT:  Ms. Cotler?
	MS. COTLER:  I have to join with Mr. Domicello.  I can't see the relevance.  He hasn't asked her if she has or hasn't.    
	MR. COUTSOUKIS:  I am going to now.
	THE COURT:  The document will not be admitted into evidence.
	MR. COUTSOUKIS:  Can I proceed now?
	THE COURT:  Yes.	Q	Okay.  Ms. Samora, did you file a signature release application with Federal Express, and that is an application that they leave items at your doorstep without your signature if signature is required for such delivery?
	A	No.	MR. DOMICELLO:  Objection, your Honor.  Relevance.
	THE COURT:  What is the relevance?
	MR. COUTSOUKIS:  When I sent--  	Q	When you received a big bunch of exhibits by Fed Ex for the Oregon proceeding recently during the period of your petition, did you not tell me on the telephone--	MR. DOMICELLO:  You are asking for an offer of proof.  He is asking a question to the witness.
	MR. COUTSOUKIS:  I am asking a question to the witness.
	THE COURT:  No, no, you cannot do that.  What is the relevance of this?
	MR. COUTSOUKIS:  The question I am going to ask?
	THE COURT:  No.  What is the relevance of--
	MR. COUTSOUKIS:  The previous question--	
	THE COURT:  --your question as to her signature on the application form?
	MR. COUTSOUKIS:  I gave up on it because there were objections.  So, fine.  I am proceeding with the next item.
	MR. DOMICELLO:  Thank you.	Q	When I sent you a big bunch of documents in the box by Federal Express which were exhibits of a hearing that you and I attended in Oregon by telephone, did you not tell me on the telephone that if I sent you anymore, you would consider that harassment?
	A	I could very well possibly--  Yes, I am sure I did say that.
	Q	Did you?
	A	Yes.
	Q	Thank you.  Have you not previously stated in this court that you feel harassed by my court actions, namely, any petition, doing any petition for violation that I bring, that you are harassed by all these actions that I bring in court, et cetera, et cetera?
	A	Could you repeat the question, please.
	Q	Did you state in this court, under oath, during your prior proceeding that you consider my bringing actions in this court harassing to you?
	A	Yes.
	Q	Yet, isn't it true that you initiated the legal proceeding here and in Oregon and in California while I begged you to discuss an amicable divorce?	MR. DOMICELLO:  Your Honor, I am going to object to that question.
	MR. COUTSOUKIS:  What is the objection?
	THE COURT:  Sustained.
	MR. COUTSOUKIS:  What is the objection?
	THE COURT:  It is not relevant to this proceeding.  
	MR. COUTSOUKIS:  Well, the relevance is that I am accused of harassment.  Ms. Samora's idea of harassment is actions that do not constitute harassment, that is the relevance of this.
	THE COURT:  "Harassment" is a legal definition not to be made out by a lay witness.
	MR. COUTSOUKIS:  I have a document for the witness, Ms. Samora, to authenticate, like before.  Can we give her one?
	(Handing.)
	THE WITNESS:  Oy, yoy, yoy.	Q	Ms. Samora.  You previously stated that you 
do not believe it is okay to lie for a good cause.  
Can you tell us whether this document is your current resume?  	MR. COUTSOUKIS:  Excuse me.  You are not supposed to give her hints on what to say.
	MR. DOMICELLO:  I was going to object, but I decided to strike that objection.	Q	Is that your current resume?  Is this your resume, Ms. Samora?
	A	No, it is not.
	Q	Ms. Samora, this is not your resume?	MR. DOMICELLO:  Asked and answered.	Q	Has this ever been your resume?	MR. COUTSOUKIS:  Your Honor, eye signals.
	MR. DOMICELLO:  How can--
	THE COURT:  Mr. Coutsoukis, there are not eye signals going on at all between counsel and the witness.
	MR. COUTSOUKIS:  I will take objection to that.  Thank you very much.	Q	Susan, has this document ever been your resume?
	A	Yes.
	Q	And where it says, Educational, it says that--  Does it say that you graduated from New York State University?	MR. DOMICELLO:  Objection.  This has not been authenticated.  It has not been asked to be marked in evidence, so he cannot elicit questions from it.	Q	Could you identify this document?
	A	This is a copy of my resume from Oregon with an Oregon address on it.	MR. COUTSOUKIS:  Thank you, Ms. Samora.
	THE COURT:  What I am going to do at this time, since it is five o'clock, I am going to cut off any further testimony today.  We can continue on the next date with you inquiring about this document.  
	I will give you another date to come back to court.
	MR. COUTSOUKIS:  Your Honor, I would like to point out that my liberties are curtailed while this temporary order of protection which has not been adjudicated and where there has been absolutely no proof of any malfeasance by an accused man, who is burdened by proving his innocence, should, perhaps, be lifted until the next hearing.
	THE COURT:  The temporary order of protection to remain in effect until the next hearing date.  
	Tuesday, March 23rd, at nine o'clock.
	MS. COTLER:  Any day but Tuesdays.
	THE COURT:  Any day but Tuesdays.
	Wednesday, the 24th, in the afternoon, at 1:30.
	MS. COTLER:  1:30.  That is fine with me.
	THE COURT:  February 24th?
	COURT CLERK:  No, March 24th.
	MR. COUTSOUKIS:  I am never asked.  So, okay.  Never have been and never will be, I guess.
	THE COURT:  March 24th, at 1:30.  Be back in court at that time.
	Thank you.
	COURT CLERK:  Notice given in court, your Honor.  
	Wait outside and you will get your copies of the extended order of protection.
	Counsel available Monday afternoon, March 22nd?  At 1:30?
	MR. DOMICELLO:  Yes.
	MR. COUTSOUKIS:  Is this a different day?
	THE COURT:  No, an additional date.
	MR. COUTSOUKIS:  For what?
	MS. COTLER:  March 22nd, at 1:30, yes.
	MR. COUTSOUKIS:  For what purpose?
	COURT CLERK:  March 22nd and March 24th for continuing hearing.  Both at 1:30.
	MR. COUTSOUKIS:  So it is not the 24th?
	COURT CLERK:  It is the 22nd and the 24th, both dates.
	MR. COUTSOUKIS:  Is there a reason why we can't do it only one date?  How much time do we have?
	COURT CLERK:   Starts at 1:30.  Finishes when it finishes.
	Parties, step out.  Wait outside for your orders.
			o O o


	C E R T I F I C A T I O N

Certified to be a true and accurate transcript of the minutes of proceedings taken by the undersigned in the above-entitled matter, to the best of her ability.

					                                            ____________________________
					FRIEDA WEITZ, C.S.R.
					Official Court Reporter
     



    
				Page No													 	
FOR THE PETITIONER
	SUSAN SAMORA
		Direct Examination			   8
		Cross-Examination/Coutsoukis    50
		Voir-Dire Examination/Domicello 61
		Cross-Examination/Coutsoukis    62
				 o O o

	INDEX OF EXHIBITS
For the Petitioner
No.	Description			For Id.	In Evid.
1	Document				   17	    18	
2	Document						    23		 
3    Documents				   27	    28
				o O o
For the Respondent
A	Document				   55
B 	Document                    63
 				o O o