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      FAMILY COURT OF THE STATE OF NEW YORK
          COUNTY OF WESTCHESTER
          - - - - - - - - - - - - - - - - - - -X
          SUSAN SAMORA,
                                       Docket #0-972-98
                         Petitioner,   
                                       FU #53516
           -against-                   
                                               
          PHOTIUS COUTSOUKIS, 
          
                         Respondent.
          - - - - - - - - - - - - - - - - - - -X
          Richard J. Daronco Court House
          111 Dr. Martin Luther King, Jr. Blvd.
          White Plains, New York
                         
          March 22, 1999
          
          B E F O R E :
          
           HON. INGRID S. BRASLOW
           Family Court Judge
          
          
          A P P E A R A N C E S :
          
           Mark Domicello, Esq.
           Attorney for Petitioner     
          
           Photius Coutsoukis
           Appearing Pro Se
          
           Robin Kotler, Esq.
           Law Guardian
           
          
                                
          
                    SANDY SAUNDERS REPORTING
                   Bank of New York Building 
                Two New Hempstead Road, Suite 303
                    New City, New York 10956
                         (914) 634-7561
          
          
                         COURT OFFICER:  Your Honor, 
           this is numbers one, two and three on the
                     afternoon calendar in the matter of
                     Samora and Coutsoukis.  Counsel, please
                     note your appearances first, starting on
                     the Judge's left.
                         MR. DOMICELLO:  Mark
           Domicello, assigned counsel for Susan
                     Samora.
                         MS. KOTLER:  Robin Kotler, 
           Law Guardian.
                         COURT OFFICER:  Thank you.  
           All other parties please raise your right
                     hands.  Do you both swear to tell the
                     truth, so help you God?
                         MS. SAMORA:  I do.
                         MR. COUTSOUKIS:  I do. 
                         COURT OFFICER:  Your name?
                         MS. SAMORA:  Susan Samora.
                         COURT OFFICER:  Your name?
                         MR. COUTSOUKIS:  Photius 
           Coutsoukis.
                         COURT OFFICER:  Thank you.  
           Please be seated.
                         THE COURT:  All right.  We're
           scheduled for a continuation of the Fact
                     Finding Hearing under Docket 0-972 of
                     1998.  Ready to proceed, Mr. Domicello?
                         MR. DOMICELLO:  Yes, Your 
           Honor.
                         THE COURT:  All right.  Ready
           to proceed, Ms. Kotler?
                         MS. KOTLER:  Yes, Your Honor.
                         THE COURT:  And Mr.
           Coutsoukis, ready to proceed?
                         MR. COUTSOUKIS:  Yes. 
                         THE COURT:  All right.  Just 
           a little bit of housekeeping.  You have
                     before you a decision that was rendered
                     by this court on the motion submitted by
                     Mr. Coutsoukis, Docket X-307.  There will
                     be added to today's calendar Docket X--
                     which had been docketed as X-307--it will
                     now be re-docketed as X-349 of 1999.  It
                     is the Order to Show Cause filed by Mr.
                     Coutsoukis for assigned counsel to submit
                     to a polygraph test.  In addition, adding
                     to today's calendar is Docket X-210 of
                     1999, the law guardian's motion to
                     require Mr. Coutsoukis to submit to a
                     psychiatric evaluation.
                         MR. COUTSOUKIS:  Question, 
           Your Honor?
                         THE COURT:  Yes?
                         MR. COUTSOUKIS:  On that 
           motion, shouldn't I have been permitted
                     to defend myself before we go into such
                     motions on this particular matter, the 
           X--
                         THE COURT:  I'll give you the
           opportunity this afternoon.  As to the
                     re-docketed motion, X-349 of 1999, Mr.
                     Domicello, you want to be heard on that?
                         MR. DOMICELLO:  Your Honor--
           Your Honor, my question--that the Order
                     to Show Cause in that petition be
                     dismissed.  I have not been properly
                     served with the Order to Show Cause
                     itself.  I have the Order to Show Cause
                     here.  It was sent to me by Fed-Ex, and
                     it's not signed by any judge.  
                         MR. COUTSOUKIS:  Your Honor, 
           it was dictated, including the signature,
                     by Mr. Ed Mead (phonetic) on the phone
                     exactly as I was supposed to do it.
                         THE COURT:  Will you accept 
           service of it, Mr. Domicello?
                         MR. DOMICELLO:  Yes, Your 
           Honor. 
                         THE COURT:  Okay.  All right,
           then do you want to be heard?
                         MR. DOMICELLO:  Yes, Your 
           Honor.  I really originally had made a
                     request, Your Honor, last week--I'm sure
                     the court has a copy--to be relieved of
                     this matter by reasons being that I felt
                     that in light of the personal attacks
                     upon me by Mr. Coutsoukis, that I felt
                     that my ability to represent my client
                     may be compromised in some way.  I
                     rethought my request, Your Honor.  I
                     believe I can do a good job.  I think
                     I've done a good job for Ms. Samora
                     throughout.  I'm therefore withdrawing my
                     request to be relieved in this matter. 
                     As far as the request I take a polygraph
                     test, I think that is--there's no basis
                     in law or fact in this court that would
                     warrant this court to order or direct
                     this assigned counsel to take a polygraph
                     test.  I am not a party to this action. 
                     I am not Mr. Coutsoukis' attorney.  There
                     is--any conversations had between me and
                     him over the course of my representation
                     are without prejudice and not admissible. 
                     This is not a criminal matter, beside the
                     fact that any polygraph test that would
                     be directed wouldn't be admissible in any
                     hearing.  This is not--once again, this
                     is not a criminal matter and I'm not a
                     party to this action.  There's no--there
                     will be no basis to direct the polygraph
                     test and I argue a petition in Family
                     Court.  
                         THE COURT:  Okay.  Ms.
           Kotler, do you want to be heard?
                         MS. KOTLER:  Yes, Your Honor. 
           I was going to move to dismiss because I
                     was not properly served, and I am pretty
                     angry about the fact that every time Mr.
                     Coutsoukis does a motion or an Order to
                     Show Cause, he does not send me the
                     proper affirmation, affidavits, or
                     exhibits.  And in his affidavit to the
                     court, paragraph twenty-eight, affidavit
                     dated 1/30/99, he clearly states that he
                     is deliberately refusing to send me this
                     material, which prejudices my client and
                     is disrespectful of the office of law
                     guardian and disrespectful of a court and
                     the judicial process.  I cannot properly
                     represent my client when I don't--this is
                     all I got, Your Honor.  This top cover
                     sheet, unsigned, no affidavit, no
                     affirmation.  I have no idea what this is
                     about.  I would ask this court to direct
                     him--
                         MR. COUTSOUKIS:  That's the 
           Order to Show Cause?
                         MS. KOTLER:  To send me all 
           the proper papers.
                         THE COURT:  Okay.  Thank you,
           Ms. Kotler.  Do you want to say anything,
                     Mr. Coutsoukis?
                         MR. COUTSOUKIS:  Well, that's
           the Order to Show Cause she's holding,
                     okay?  And also she did receive an
                     affidavit with that Order to Show Cause. 
                     I did send it to her.  I have tried to
                     send to her the documents by Fed-Ed which
                     would require a signature so we know she
                     has them.  She has refused those.  When I
                     send them by mail, now she says she does
                     not--there was one set of exhibits which
                     are already part of the record which I
                     did not include and those are the only
                     ones.  Everything she's got since the
                     last time.  She got the same as the court
                     and the same as Mr. Domicello.
                         THE COURT:  All right.  
                         MS. KOTLER:  Your Honor?
                         THE COURT:  On Docket X-307--
                         MR. COUTSOUKIS:  I would like
           to speak regarding his wanting to dismiss
                     my Order to Show Cause.
                         THE COURT:  Go ahead. 
                         MR. COUTSOUKIS:  Mr.
           Domicello signed a document under the
                     penalties or perjury, and I'm quoting the
                     top line of his document, "Perjury is a
                     crime."  This is a criminal matter.  The
                     court does have the authority to order
                     Mr. Domicello to take a polygraph test,
                     and so do the authorities.  And because
                     Mr. Domicello's statements, which I have
                     on tape--this is a very authentic tape
                     and I will take it to a forensic lab to
                     authenticate--indicate that he was
                     ordered, directed by this court to answer
                     my motion to recuse the judge.  This is a
                     very serious matter and I think the court
                     should want to get to the truth of this
                     matter, not to allow finessing out of it
                     in this manner.  
                         THE COURT:  Mr. Coutsoukis, 
           your application--your Order to Show
                     Cause will be denied in all respect.  The
                     court agrees with the assigned counsel. 
                     This is not a criminal matter.
                         MR. COUTSOUKIS:  Virtually?
                         THE COURT:  No.  I'm sorry, 
           sir.  This is not a criminal matter. 
                     There is no basis for this court to order
                     assigned counsel to submit to a polygraph
                     test.  He is not a party to this
                     proceeding.  Okay.  Any motion that you
                     may have made for this court to recuse
                     itself was not-- 
                         MR. COUTSOUKIS:  Are we on 
           the record?
                         THE COURT:  --was not
           received by this court.  There was a
                     previous motion to recuse that was
                     already decided, and the court is not
                     going to entertain that motion again.  As
                     to the law-- 
                         MR. COUTSOUKIS:  Are we on 
           the record?
                         THE COURT:  I'm sorry?
                         MR. COUTSOUKIS:  Are we on 
           the record, Your Honor?
                         THE COURT:  Oh, absolutely.
                         MR. COUTSOUKIS:  Thank you. 
                         THE COURT:  We don't do 
           anything that is not on the record, Mr.
                     Coutsoukis.  As to the law guardian's
                     motion, X-210, that motion will be held
                     in abeyance until the completion of the
                     Fact Finding Hearing.
                         MS. KOTLER:  Thank you, Your 
           Honor.
                         THE COURT:  All right.  Let's
           proceed now with O-972 of 1998.  All
                     right.  Mr. Domicello, Ms. Samora was on
                     the witness stand.
                         MR. DOMICELLO:  Yes, Your 
           Honor.
                         MR. COUTSOUKIS:  Before we do
           that, I have a statement, Your Honor.  I
                     would like to ask the court to please
                     strike from the record a false and
                     prejudicial, irrelevant statement made by
                     Mr. Domicello last time, and I am reading
                     from the transcript of December 1, 1998,
                     page twenty-seven, lines twenty-two
                     through twenty-five, and page twenty-
                     eight, lines two through four.  Quote,
                     "Mr. Coutsoukis, as he stated, believes
                     he has no knowledge of any of the
                     doctors, any of the medical providers,
                     that my client has chosen to care for
                     this child, and that just shows where Mr.
                     Coutsoukis is coming from," unquote.  I
                     did not make such a statement, so I move
                     the court to strike that passage from the
                     record.
                         THE COURT:  All right.  Mr. 
           Domicello, do you want to be heard?
                         MR. DOMICELLO:  Your Honor, 
           what I state on the record is my belief
                     and that my belief is culled from the
                     facts and evidence presented in that
                     case, and I stand by that statement.
                         MR. COUTSOUKIS:  That's not 
           what you said.
                         MR. DOMICELLO:  I believe 
           that--may I finish, please?  I believe
                     that not only has--is that my belief, but
                     as also believed by the law guardian in
                     this case.  And that is once again taken
                     from the statements that Mr. Coutsoukis
                     has made both in and outside this
                     courtroom.  There is no basis for that--
                     those statements to be stricken from the
                     record.  Mr. Coutsoukis has not presented
                     any law or fact which would warrant this
                     court to strike those statements and,
                     therefore, I would object.
                         MR. COUTSOUKIS:  Your Honor, 
           he stated--he said, Mr. Coutsoukis, as he
                     stated.  I did not state such at any time
                     in this court, or outside this court for
                     that matter.  This court has not heard me
                     state such a thing.  There's nothing of
                     this sort on the record.  He says I did
                     so and puts that on the record.  It
                     should be stricken.
                         THE COURT:  That will remain 
           on the record.  The motion to strike is
                     denied.
                         MR. COUTSOUKIS:  I also move 
           this court to strike from the same
                     transcript all testimony by Mr. Domicello
                     and Ms. Kotler regarding my mental
                     health.  They are not sworn witness--they
                     are not sworn witnesses.  They are
                     lawyers appointed by the Judge and they
                     have absolutely no business testifying,
                     and absolutely no expert or other
                     authority to be making these false and
                     scurrilous psychological evaluations of
                     me.
                         MR. DOMICELLO:  Your Honor, 
           what we've made, me and Ms. Kotler--I
                     believe she will back me up on this--we
                     made an application to this court to
                     order a psychological evaluation based on
                     Mr. Coutsoukis' actions both within and
                     without this--and outside this court.  I
                     did not make a diagnosis, nor did I
                     pretend to be an expert in the area.  I
                     simply made an application to have this
                     court direct that Mr. Coutsoukis be
                     evaluated by a professional.
                         THE COURT:  All right. 
                         MS. KOTLER:  Yes. 
                         THE COURT:   Do you want to 
           be heard, Ms. Kotler?
                         MS. KOTLER:  Your Honor, I 
           would say the same thing.  We're making
                     an application.  My application--I've
                     also got a motion here.  It's my belief
                     based on my conversations with him,
                     observations, being in and out of the
                     courtroom.  And I'm not representing that
                     I'm a psychiatrist.
                         THE COURT:  Those statements 
           will remain on the record.  They will not
                     be struck.
                         MR. COUTSOUKIS:  Those
           characterizations remain?
                         THE COURT:  Everything that 
           was said in the courtroom remains on the
                     record.
                         MR. COURTSOUKIS:  Okay.  For 
           the record I would like to state that
                     this court, citing technical reasons,
                     refused to sign my subpoena duces tecum
                     which requested the petitioner's
                     psychiatric records while, in the past,
                     no technicalities stood in the way of
                     inhuman treatment of me and my daughter
                     by this court.  Also, for the record I
                     would like to note that when there is a
                     disagreement, Ms. Kotler's opinion is
                     employed as a tie breaker, as if this
                     were a beauty contest, and that doing so
                     in describing my daughter's medical
                     condition is very inappropriate. 
                     Furthermore, there is no basis for the
                     petitioner having coming in with a
                     petition for telephone annoyance to have
                     the court assign counsel, and there's
                     absolutely no legal basis for the law
                     guardian.  And both of these court-
                     appointed attorneys are here apparently
                     to lend credibility to judicial decisions
                     and to false accusations.
                         THE COURT:  All right.  Let's
           proceed.  Okay?  Mr. Domicello, your
                     client will be recalled to the witness
                     stand at this time.
                         MR. DOMICELLO:  Yes, Your 
           Honor. 
                         THE COURT:  She'll be sworn 
           in and we'll proceed with cross-
                     examination.  I'll give you a certain
                     amount of time within which you can do
                     your cross, but I do want to conclude the
                     hearing today.
                         MR. COUTSOUKIS:  I believe 
           that would be unfair because the other
                     side had already three meetings.  I have
                     not had a chance to cross-examine the
                     witness and I have not had any chance to
                     testify in over two years.
                         THE COURT:  Let's go.  Let's 
           not waste anymore time.
                         COURT OFFICER:  Raise your 
           hand, please.  Do you solemnly swear to
                     tell the truth, the whole truth, and
                     nothing but the truth, so help you God?
                         MS. SAMORA:  I do. 
                         COURT OFFICER:  State your 
           name for the record, please.
                         MS. SAMORA:  Susan Samora. 
                         THE COURT:  All right.  
           Proceed, Mr. Coutsoukis.
          CROSS-EXAMINATION OF MS. SAMORA 
          BY MR. COUTSOUKIS: 
           Q      Isn't it true that you and I have
          known each other for over twenty years
          approximately?
           A      Approximately. 
           Q      To your knowledge, is it true or
          false that I suffer from chronic back problems?
           A      Yes.
           Q      During the last hearing, did you
          state, quote, "I guess I did," unquote, in
          response to my question as to whether you lied
          in your resume?
                         MR. DOMICELLO:  Objection, 
           Your Honor.  I don't believe that was her
                     testimony.  I objected to that question. 
                     I objected to Mr.--
                         MR. COUTSOUKIS:  She can 
           answer.
                         THE COURT:  No. 
                         MR. COUTSOUKIS:  She can 
           answer.
                         THE COURT:  No, no, no. 
                         MR. DOMICELLO:  Your Honor, 
           can I please finish my question?
                         THE COURT:  Mr. Coutsoukis, 
           let him finish.
                         MR. DOMICELLO:  And I believe
           I objected when Mr. Coutsoukis attempted
                     to place some documents, which I believed
                     to be my client's resume, into evidence,
                     and that was sustained.
                         THE COURT:  Objection
           sustained.
                         MR. COUTSOUKIS:  No, that was
           the--actually--
                         THE COURT:  No, no, no. 
                         COURT OFFICER:  Sir?
                         THE COURT:  Objection
           sustained.
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  You cannot ask 
           that question.
           Q      Did you at any time lie in your
          resume regarding your education?
                         MR. DOMICELLO:  Objection, 
           Your Honor.  Relevance to this matter?
                         THE COURT:  Objection sus--
                         MR. COUTSOUKIS:  The
           relevance to this matter is that the
                     petitioner's honesty or lack thereof--she
                     has a long history of perjury--in a case
                     where there has been absolutely no
                     evidence to support her allegations is
                     crucial.  They have questioned my mental
                     health, among other things.  It is
                     imperative that I be allowed to expose
                     the petitioner's character.  
                         MR. DOMICELLO:  Well, then 
           Mr. Coutsoukis should present evidence
                     that my client permitted perjury in this
                     courtroom or on her petition within this
                     matter.
                         THE COURT:  I'm going to 
           sustain the objection.
                         MR. COUTSOUKIS:  You will 
           sustain the objection?
                         THE COURT:  Yes. 
                         MR. COUTSOUKIS:  Okay. 
           Q      Is the reason we're here today your
          petition of 00-972-98, the Order of Protection?
           A      I'm not sure of the number. 
           Q      Are we here because of a petition
          you filed for an Order of Protection?
           A      Yes. 
           Q      And you have come to court in
          connection with this petition four times
          already?
           A      If that's how many times-- 
           Q      Have you come--is this the fourth
          time you've come here since you filed--
           A      I don't remember it.  If that's--
           Q      Did you go in front of a judge
          other than Judge Braslow or Judge Tolbert and
          then you came here?
                         MR. DOMICELLO:  Your Honor, 
           I'm going to object to the relevancy of
                     that question.  
           A      I don't--I--
                         MR. DOMICELLO:  We're here 
           for a petition today, not for prior
                     petitions.
                         MR. COUTSOUKIS:  Okay.  Based
           on what the petitioner told me, she is
                     under the impression that I have been
                     bringing her to court the last few
                     months.  Perhaps if she understood that
                     this was her action and that she can
                     spare everybody the agony-- 
                         THE COURT:  Ask a question.
                         MR. COUTSOUKIS:  She might 
           decide to--
                         THE COURT:  Mr. Coutsoukis-- 
                         MR. COUTSOUKIS:  --to
           withdraw it.
                         THE COURT:  She testified on 
           direct examination.  You cannot ask her--
                     I'm sorry, on direct examination.  
                         MR. COUTSOUKIS:  She did not 
           answer.
                         THE COURT:  You cannot ask 
           her to withdraw her petition.
                         MR. COUTSOUKIS:  I was asking
           whether she's aware that we are here for
                     the fourth time because of a petition she
                     filed for an Order of Protection.
                         MR. DOMICELLO:  Your Honor, 
           that's also outside the scope of direct
                     examination.
                         THE COURT:  She asked and 
           answered.  Let's just confine ourselves
                     to what she testified to-- 
                         MR. COUTSOUKIS:  Can she be 
           allowed to answer?
                         THE COURT:  --on direct. 
                         MR. COUTSOUKIS:  Can she be 
           allowed to answer?
                         THE COURT:  Let's proceed.
                         MR. COUTSOUKIS:  Okay. 
           Q      To the best of your knowledge, am I
          decent, hardworking and caring and generous?
                         MR. COUTSOUKIS:  Your Honor, 
           I'm going to object to that question. 
                     There's no relevance for that question to
                     be answered, and it's also out of the
                     scope of direct examination.
                         THE COURT:  I'm going to 
           sustain the objection.
                         MR. COUTSOUKIS:  Well, there 
           are (inaudible) that we have two court-
                     appointed lawyers--
                         THE COURT:  No, Mr.
           Coutsoukis, let's not go there again. 
                     The objection is sustained.
                         MR. COUTSOUKIS:  My
           character--
                         THE COURT:  Ask another 
           question. 
                         MR. COUTSOUKIS:  My character
           is an issue here.
                         THE COURT:  Let's move on.  
                         MR. COUTSOUKIS:  Okay.
           Q      Have I treated you with compassion
          and generosity over the years?
                         MR. DOMICELLO:  Objection, 
           Your Honor.  
                         THE COURT:  Sustained. 
                         MR. DOMICELLO:  Same
           objection.
                         THE COURT:  Sustained.  
                         MR. COUTSOUKIS:  The last
                     time I brought a part of Susan's 
           divorce petition, to which Mr. Domicello
                     objected citing technicalities that I
                     believe have no bearing.  I brought the
                     complete and original set of documents
                     that was served by the petitioner.  I
                     would like to present them as exhibit
                     here.
                         THE COURT:  This is cross-
           examination.  Ask her a question, please.
                                MR. COUTSOUKIS:  Can I not
                     give her a document to look at?
                         MR. DOMICELLO:  Your Honor, 
           there's no question before the court.
                         THE COURT:  What is the 
           question?
                         MR. COUTSOUKIS:  Okay. 
           Q      Did you lie under oath when you
          filed a divorce petition in Ventura County? 
          Yes or no?
                         MR. DOMICELLO:  Your Honor, 
           same objection I made with reference to
                     the--my client's resume.  Same objection.
                         THE COURT:  Objection
           sustained.  Mr. Coutsoukis, again,
                     confine your questions to this petition
                     only.
                         MR. COUTSOUKIS:  Okay.  This 
           petition is based on statements made by
                     the petitioner-- 
                         THE COURT:  No.  Just ask her
           questions.
                         MR. COUTSOUKIS:  --strictly--
           exactly--and I would like to-- 
                         THE COURT:  Sir?
                         MR. DOMICELLO:  Your Honor, 
           Mr. Coutsoukis is testifying.
                         THE COURT:  You are.  Just 
           ask her a question based on her
                     testimony.
                         MR. COUTSOUKIS:  Okay.
           Q      In your amended petition, it says
          that the respondent--did you say, The
          respondent blames me for our daughter's medical
          condition?  Is that what you're claiming that I
          have-- 
           A      That's what it says.  Does it--if
          it says there, I--
                         MR. COUTSOUKIS:  Okay.  Can I
           present to you, Your Honor, with a lethal
                     weapon used in attempting to heal my
                     daughter repeatedly?
                         MR. DOMICELLO:  Objection, 
           Your Honor.  If Mr. Coutsoukis--first of
                     all, there's no question here.  Second of
                     all, he's presenting you with something
                     allegedly--he's not even asking that it
                     be marked for identification--and-- 
                         THE COURT:  No, you cannot 
           present me with this, Mr. Coutsoukis.
                         MR. DOMICELLO:  And-- 
                         MR. COUTSOUKIS:  Yes.  The 
           question was about--the question was
                     about whether she is or not responsible
                     to be blamed for my daughter's condition,
                     and I would like to show that she is. 
                         THE COURT:  Well, what is--
                         MR. COUTSOUKIS:  That is in 
           the petition. 
                         MS. KOTLER:  Objection. 
                         THE COURT:  What is the 
           question?
                         MR. COUTSOUKIS:  Again-- 
                         THE COURT:  What is the 
           question?
                         MR. COUTSOUKIS:  The question
           is, Did you try to kill Teddy?  
                         MR. DOMICELLO:  Your Honor, 
           we're here for Order of Protection.
                         MR. COUTSOUKIS:  Will they 
           allow her to answer one question?
                         MS. SAMORA:  Absolutely not.
                         MR. DOMICELLO:  My client has
           alleged--
                         THE COURT:  No, no.  Just a 
           moment.  Just a moment.
                         MR. DOMICELLO:  My client has
           alleged that Mr. Coutsoukis committed
                     acts, criminal acts, which would warrant
                     this court granting an Order of
                     Protection, not whether or not my client
                     is responsible for any problems or
                     illnesses that the parties' child has. 
                         MR. COUTSOUKIS:  You put it 
           in the petition.  I didn't.
                         THE COURT:  Okay.  Just a 
           minute, Mr. Coutsoukis.
                         MR. DOMICELLO:  The fact that
           Mr. Coutsoukis continually blames my
                     client and harasses her and annoys her is
                     the basis for the petition, not whether
                     or not my client is guilty of such. 
                         THE COURT:  All right.  Ms. 
           Kotler, do you want to be heard?
                         MS. KOTLER:  Your Honor, I 
           was just going to say that he--Mr.
                     Coutsoukis misstated his own question. 
                     That is not what he asked this witness.  
                         MR. COUTSOUKIS:  Would you 
           like to state it for me correctly?
                         MS. KOTLER:  No, I would like
           you to restate your question.
                         MR. COUTSOUKIS:  Okay.
           Q      Did you try to kill Teddy, our
          daughter?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         MS. KOTLER:  Objection. 
                         THE COURT:  Objection
           sustained.
                         MR. COUTSOUKIS:  Okay.  You 
           don't like this question?  Okay.
           Q      Did you state in your complaint
          that I blame you for our daughter's medical
          condition?  Is it your contention that I blame
          you for Teddy's medical condition?
           A      Yes. 
           Q      Okay.  Would you please examine
          this?  This is for my question, and please keep
          it in the plastic so that we don't contaminate
          the evidence.  Would you please pass it on?
                         MR. DOMICELLO:  Your Honor, 
           if--I'm objecting, Your Honor, to this. 
                     There is--this is not--he's not being
                     asked that any of this evidence be marked
                     in evidence and, once again--
                         MR. COUTSOUKIS:  May I--
                         MR. DOMICELLO:  I'm objecting
           to any evidence being presented that has
                     to do with my client's alleged acts
                     against the daughter.  That's not what
                     we're here for. 
                         THE COURT:  Mr. Coutsoukis, 
           what are you holding in your hand, in a
                     plastic bag?
                         MS. SAMORA:  Crackers. 
                         MR. COUTSOUKIS:  This is--
           maybe the petitioner can tell--
                         THE COURT:  No, just tell me.
                         MR. COUTSOUKIS:  This is--
                         THE COURT:  No.  I'm asking--
                         MR. COUTSOUKIS:  --poison to 
           my daughter.
                         THE COURT:  What is it?
                         MR. COUTSOUKIS:  It is brown 
           rice snaps.  My--
                         THE COURT:  Brown rice snaps?
                         MR. COUTSOUKIS:  Correct.  My
           daughter was placed by the petitioner,
                     her choice, into a ketogenic diet, which
                     is a set diet, and this is pure
                     carbohydrates and it can induce seizures,
                     of which there were two huge ones that
                     the petitioner took my daughter into the
                     emergency-room and then she was admitted
                     in the hospital after that.
                         THE COURT:  Okay.  Objection 
           sustained.
                         MR. COUTSOUKIS:  All right.  
           She can kill my daughter.  I cannot--
                         MR. DOMICELLO:  Objection.  I
           ask that that be stricken from the
                     record.
                         MS. KOTLER:  Objection.
                         THE COURT:  No, no, no, no.  
           Please, Mr. Coutsoukis.  That will be
                     struck from the record.
           Q      Did your first complaint state that
          I will--that the--I, the respondent, will be
          deemed to examine our daughter's body for
          bruises right out in the street?
           A      Yes.
           Q      And didn't you under oath, the last
          time we were here when Mr. Domicello asked you
          that, you said, No, it was in the police
          station?
           A      I mean, sometimes it's outside, in
          the police station.  It happens, you know, no
          matter where you see her.
           Q      But isn't it true that last time
          you said otherwise that, No, it was at the
          police station?
           A      It happened--
                         MR. DOMICELLO:  Your Honor, 
           this is argumentative.  I'm objecting
                     and, second of all, my client's
                     testimony, I believe the last time, was
                     that it was in public.  Inside a police
                     station could be in public.
                         MR. COUTSOUKIS:  Yes, which 
           is not the same as on the street.  
                         THE COURT:  The court--
                         MR. COUTSOUKIS:  It says, In 
           the street.
                         THE COURT:  The court agrees 
           with you.  Mr. Coutsoukis, objection
                     sustained.
                         MR. DOMICELLO:  Okay.
                         THE COURT:  And the record 
           will speak for itself.
           Q      Did you say that I lifted a long
          dress to look at her knees, or up to her knees?
           A      Yes.
           Q      Okay.  Can you tell us on how many
          occasions in the last two years or so since
          Teddy and I have been separated you have
          brought Teddy to me wearing a dress?
                         MR. DOMICELLO:  Objection, 
           Your Honor.  The time frame--we're here
                     for a petition that has a certain time
                     frame and it does not go back two years,
                     and I'll object to that question.  It's
                     over broad.
                         THE COURT:  All right.  The 
           objection will be sustained to the extent
                     that it goes back for two years.  You can
                     rephrase.
           Q      Okay.  How many times have you
          brought Teddy to me wearing a dress?
                         THE COURT:  Within what 
           period of time?
                         MR. COUTSOUKIS:  Within the 
           period of time that Mr. Domicello
                     chooses.
                         MR. DOMICELLO:  To what?
                         THE COURT:  No, you're the 
           one who has to ask the question.
                         MR. COUTSOUKIS:  June?  Is 
           June okay?  July?  September?
                         MR. DOMICELLO:  I'm not 
           testifying, Your Honor. 
                         MR. COUTSOUKIS:  Okay. 
                         MR. DOMICELLO:  I don't have 
           to answer his question and I'm not going
                     to.
           Q      Since June.  Since June of 1998,
          how many times have you brought Teddy to the
          police station for me to take her home wearing
          a dress?
           A      Well, I can think of one
          specifically, and in the summer she'd be
          wearing shorts, so you always examined her with
          shorts on. 
           Q      How many times have you brought her
          to me wearing shorts since July 1998?
           A      A lot in the summer.  She was
          pretty much always wearing shorts.
           Q      Until when?
           A      Well, then, you know, when the
          seasons change, then--and then for her birthday
          was when she had her dress on. 
           Q      And when was her birthday?
           A      September 28. 
           Q      Okay.  And before her birthday, was
          she wearing long slacks?
           A      I don't know.  I mean, if the
          weather--
                         MR. DOMICELLO:  Your Honor, I
           believe that's been asked and answered.
                         THE COURT:  I'll allow it. 
           Q      Isn't it a rule-- 
           A      If the weather was--
                         MR. COUTSOUKIS:  Thank you.
           Q      Isn't it a rule that you bring
          Teddy to me almost always, most of the time, as
          a rule wearing long slacks?
           A      It depends upon the weather.  I
          mean, if it's hot, she wears short. 
           Q      What percentage of the time have
          you brought Teddy wearing anything--anything
          other than long pants at the police station in
          Ossining in front of the policemen?
           A      I don't know. 
           Q      Guess. 
                         MR. DOMICELLO:  Objection, 
           Your Honor.
           A      Like I said, it was whether-- 
                         THE COURT:  I'm sorry.  Just 
           a minute.  There's an objection.  What--
                         MR. DOMICELLO:  That
           question's been asked and answered.  My
                     client says she doesn't recall, and
                     that's as far as that question should be
                     allowed to be asked.
                         THE COURT:  Objection
           sustained.
           Q      Now--
                         MR. DOMICELLO:  But Mr. 
           Coutsoukis is asking her to guess.
           Q      When you said--when you said that I
          lifted her skirt up to her knees, was she
          wearing any tights underneath? 
           A      No. 
           Q      And did I--were there any bruises
          on her legs--any black and whites?
           A      Black and blues, you mean?
           Q      Black and whites?
           A      Blues. 
           Q      Okay.  Black and blues.  Yes. 
           A      Right. 
           Q      I'm sorry.  Okay.  And is there a
          reason why that is in the--your complaint of--
          why is that in your complaint?  What is the
          problem with that?
           A      I feel that to lift a child's legs
          to look at bruises and--
           Q      Lift her legs, you say?
           A      I mean, to lift her skirt, to look
          at her legs to check for bruises I feel is
          invasive to her. 
           Q      Invasive to her?
           A      It implies that something is
          happening.
                         MR. DOMICELLO:  Your Honor, 
           can my client finish a question before
                     Mr. Coutsoukis interrupts every time?
                         THE COURT:  Yes, please.  Let
           her finish.  Okay.
           Q      And would you say it is more or
          less invasive than an unsolicited genital and
          anal examination, including photos?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  I'll sustain the 
           objection.
                         MR. COUTSOUKIS:  Your Honor, 
           I'm not able to ask anything here.
                         THE COURT:  No, but that's a 
           clearly inappropriate question.
                         MR. COUTSOUKIS:  This is 
           inappropriate?
                         THE COURT:  Mr. Coutsoukis-- 
           Q      Have you at any time subjected--
                         THE COURT:  Ask another 
           question.
                         MR. COUTSOUKIS:  Okay. 
           Q      Have you at any time subjected
          Teddy to a genital--an unsolicited genital and
          anal examination by third parties, including
          photos?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained.  
           Sustained.
                         MR. COUTSOUKIS:  She can kill
           her with murder.
                         THE COURT:  You heard me.  
           No. 
                         MR. DOMICELLO:  Object--I 
           request that that be stricken, that last
                     statement.
                         THE COURT:  Well, I'll strike
           it.  And please do not make gratuitous
                     remarks like that again.
                         MS. SAMORA:  Your Honor, am I
           allowed to say anything?
           Q      You said--did you say in your
          complaint that when she'd say, B, I asked her
          whether she meant beat, meaning, did somebody
          beat her?
           A      Yes. 
           Q      And how many times, on how many
          occasions did I ask that?
           A      At least a couple of times.
           Q      At least a couple of times?  On two
          separate conversations?
           A      Right. 
           Q      Separate conversations?
           A      Right. 
           Q      Okay.  And do you think it's wrong
          for a father to know if a child was beaten?  To
          make her aware that she has to complain when
          somebody beats her?  Is there something wrong
          with that? 
           A      Theodora--
           Q      Is there something wrong with a
          father asking that?  We're not talking
          Theodora, we're asking the father asking.
           A      We are talking Theodora.
                         MS. KOTLER:  Objection.
           A      We are talking Theodora. 
                         THE COURT:  Objection
           sustained.
                         MR. COUTSOUKIS:  Objection to
           what?
                         THE COURT:  To your question.
                         MR. COUTSOUKIS:  Of whether 
           it is wrong for a father to ask that?
                         THE COURT:  Yes.  It's not 
           relevant.
                         MR. COUTSOUKIS:  On what 
           basis?
                         THE COURT:  It's not relevant
           to this proceeding.
                         MR. COUTSOUKIS:  It is
           absolutely relevant because I'm being
                     accused of harassment.  Harassment for
                     the Penal Code has everything to do with
                     intent.  If we cannot prove my intent, we
                     are not proving harassment.  If I'm not
                     allowed to ask the petitioner--the
                     witness about defense, we cannot prove my
                     innocence, can we?
                         THE COURT:  Objection
           sustained.
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  Move on. 
           Q      Did you not ask in your original
          petition to this other judge, not Judge
          Braslow, Judge Tolbert, in your petition for an
          Order of Protection to limit the exchange to
          five minutes?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained. 
           Q      Okay.  Did Judge Tolbert, this
          other judge, when granting you a temporary
          Order of Protection mention anything in it
          about limiting the exchange to five minutes?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained. 
           Q      Okay.  In your--when you saw Judge
          Tolbert on September 25, and you were asked
          whether you were divorced, did you say, "Well,
          I hope," unquote?  You don't know what you
          said?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained. 
                         MR. COUTSOUKIS:  What
           grounds?
                         THE COURT:  Not relevant.
           Q      Would you feel more divorced if I
          had moved to Africa and never heard from me
          again?
                         MS. KOTLER:  Objection. 
                         MR. DOMICELLO:  Objection. 
                         THE COURT:  Sustained.
           Q      Did you--when you presented the
          other judge with a fax as evidence, can you
          tell us what that fax said?  Do you recall what
          was on that fax?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         MS. KOTLER:  Objection. 
                         THE COURT:  Sustained.
                         MR. COUTSOUKIS:  I'm being 
           accused of sending her a fax.  I wanted
                     to know what the fax says.  Why are we--
                     what is the objection here?
                         MS. KOTLER:  My-- 
                         THE COURT:  Mr. Coutsoukis?
                         MR. COUTSOUKIS:  I'm being 
           accused of sending her a fax that was
                     bad, and I'm asking her to say what was
                     on that fax.
                         THE COURT:  Ask your
           questions as to the proceedings before
                     this court, not before Judge--  
                         MR. COUTSOUKIS:  Yes.  The 
           proceeding befor this court is for the
                     Order of Protection.
                         THE COURT:  Not before Judge 
           Tolbert.
                         MR. COUTSOUKIS:  Okay.  Well,
           this proceeding is a result of a
                     complaint she filed in front of Judge
                     Tolbert in which she had it attached--
                         MR. DOMICELLO:  Your Honor, 
           we're here for a Fact Finding Hearing,
                     not an application for a temporary Order
                     of Protection.  That has been granted
                     already.  Mr. Coutsoukis never attempted
                     to have that temporary Order of
                     Protection vacated.  We're not here for
                     that.  It's irrelevant.
                         THE COURT:  Objection
           sustained.  
                         MR. COUTSOUKIS:  I have asked
           for it to be dismissed repeatedly.  
                         THE COURT:  Objection
           sustained.  Let's move on.
                         MR. COUTSOUKIS:  I have asked
           for it to be vacated.  Okay?
                         THE COURT:  Let's move on. 
           Q      Isn't it true that even though you
          complain about faxes, your temporary Order of
          Protection under which I am currently refrained
          says absolutely nothing about faxes?
                         MR. DOMICELLO:  Your Honor, 
           I'm going to object.  My client's
                     petition is what's before this court, not
                     what is in--what Mr. Coutsoukis is
                     directed to do in the temporary Order of
                     Protection.
                         THE COURT:  The court agrees 
           with you.  Objection sustained.  Next
                     question?
                         MR. COUTSOUKIS:  Your Honor, 
           I would like to state for the record--
                         THE COURT:  Next question?
                         MR. COUTSOUKIS:  Next--
           Q      Did you bring that fax into this
          court to introduce as an exhibit?
                         MR. DOMICELLO:  Your Honor, 
           which fax is Mr. Coutsoukis referring to?
                         MR. COUTSOUKIS:  The one that
           last time you asked the court to find in
                     the folder--in the file.  You asked the
                     court, the clerk--Mr. Domicello asked the
                     court clerk last time to look and find
                     the fax that Ms. Samora brought to the
                     other Judge--
                         THE COURT:  Okay.  She can 
           answer the question.
           Q      Did you bring in that fax as an
          exhibit--
           A      Yes. 
           Q      --to show--
           A      Yes. 
           Q      Okay.  Can you tell us what's in
          it?  Does it have something to do with my
          saying that there are records missing, medical
          records or educational records?
           A      Oh, yeah.  I think it--I think it
          was a request about educate-- 
           Q      Something about--
           A      About--
           Q      Yes?
                         MR. DOMICELLO:  Objection, 
           Your Honor.  My client--can my client
                     answer the question without Mr.
                     Coutsoukis interjecting?
                         THE COURT:  Let her answer 
           the question.  Don't make gestures to
                     her, Mr. Coutsoukis.
           A      It was about--I think it was about
          educational records or ophthalmology records or
          medical records.  I'm not sure which ones.  And
          then there was a threat that if--I think it
          was--the 25th was what day?  It was a Friday. 
          Is that last year?  Yeah, it was a Friday--that
          if--that I did--if I didn't provide the records
          that I was going to be--you were taking me to
          court on Monday.
           Q      Are you under court order to supply
          me with any records, medical or educational,
          which I'm not able to obtain from the
          providers?
           A      Within--with a request and within a
          certain amount of time.  And if--
           Q      And was this facsimile request--
           A      If--excuse me.  Can I finish
          please?  And if due diligence has not been made
          to the--whoever you're getting the information
          from, whether it's the school or the doctors. 
          I mean, I can recall a time when I gave you the
          information from the ophthalmologist three
          times and you kept on claiming you never got
          it, so--
           Q      Say that again.
           A      I said, I can remember one instance
          which--this really doesn't have any relevance
          here, so never mind.
           Q      Okay.  Thank you. During the period
          of time covered by this amended petition, did
          you provide me with an item of food when you
          sent Teddy over to my house about which I
          complained?
                         MR. DOMICELLO:  Objection, 
           Your Honor.  Irrelevant.
                         MR. COUTSOUKIS:  How is that 
           irrelevant?
                         THE COURT:  I'll allow it if 
           you'd be specific as to the date.
           A      What are you talking about?  What--
           Q      Well, I think we have agreed to a
          time period here at this time from July to
          December.
                         THE COURT:  No.  Mr.
           Coutsoukis, you tell me.
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  What time are you
           talking where she visits? 
           Q      We're talking about July of 1998.
          you sent with Teddy to my house an item of
          brown rice snaps.  Did you?
                         MR. DOMICELLO:  Objection, 
           Your Honor.  Irrelevant.   It's
                     irrelevant to the allegations--
                         MR. COUTSOUKIS:  I'll get to
           it.
                         MR. DOMICELLO:  --of this 
           petition and it's outside the scope of
                     direct examination. 
                         THE COURT:  I'm going to 
           sustain the objection.
                         MR. COUTSOUKIS:  Okay. 
           Q      Isn't it true that you use Orders
          of Protection as a method to deny me and Teddy
          access to each other?
                         MR. DOMICELLO:  Objection, 
           Your Honor.   
                         MS. KOTLER:  Objection.
                         THE COURT:  Sustained. 
           A      No. 
                         THE COURT:  No.  It's
           sustained.  Don't answer if it's--someone
                     raises an objection.
           Q      Isn't it true that the last time
          you were here--we were here, you said--you
          admitted that you had said to me that if I sent
          anymore exhibits, documents to you, you would
          consider them as harassment?
                         MR. DOMICELLO:  Objection, 
           Your Honor.  I don't believe that was the
                     testimony.
                         MR. COUTSOUKIS:  It was her 
           testimony.
                         THE COURT:  Sustained.
                         MR. COUTSOUKIS:  I--
                         THE COURT:  That was not 
           testimony.
                         MR. COUTSOUKIS:  It's in the 
           transcript.  
                         THE COURT:  Objection
           sustained.
                         MR. COUTSOUKIS:  The
           transcript of the last time we were 
           here.
                         THE COURT:  Well, if it's in 
           the transcript, then it speaks for
                     itself. 
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  Ask another 
           question.
           Q      On March 14, 1999, did I call Teddy
          and you said that she was asleep?  Did you--do
          you recall me calling and you said I couldn't
          speak with her, she was taking a sleep?  She
          was asleep?
           A      I don't know.
           Q      You don't know?
           A      I don't remember March 14.  When
          was March 14?
           Q      Do you remember September 1998?
           A      Yeah, that's a different story. 
           Q      Do you remember September 1998?
                         MR. DOMICELLO:  Objection, 
           Your Honor.  That's argumentative.
           A      Yes.
                         THE COURT:  What is the 
           question--
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  September 1998?
           Q      Did you--
                         MR. COUTSOUKIS:  Well, the 
           question is, we can't remember March
                     1999, but we remember September 1998. 
                     That's the question.
                         THE COURT:  What is--no. 
                         MR. DOMICELLO:  That's--and 
           that's an objectionable question. 
                         THE COURT:  Sustained. 
                         MR. COUTSOUKIS:  Okay. 
           Q      Did you hang up on me when I said
          that Teddy slept better when she was taking
          Frisium?
           A      When she was taking what?
           Q      Frisium, F-R-I-S-I-U-M.
                         MR. DOMICELLO:  Objection, 
           Your Honor.  Irrelevant.
           Q      Did you hang up on me when I--
                         MR. COUTSOUKIS:  We're
           talking about phone harassment here, Your
                     Honor.  Please.
                         MR. DOMICELLO:  Your Honor?
                         MS. KOTLER:  Objection      
                         THE COURT:  Sustained. 
                         MR. COUTSOUKIS:  Your Honor, 
           I have to defend myself on the basis of
                     the Penal Code--
                         THE COURT:  Please-- 
                         MR. COUTSOUKIS:  Definition 
           of harassment.
                         THE COURT:  Please do.  And 
           the way you defend yourself is by
                     questioning her as to her direct
                     evidence.
                         MR. COUTSOUKIS:  Correct.  
           And that is--
                         THE COURT:  All right.  Can 
           you do that?
                         MR. COUTSOUKIS:  Okay.  When 
           she hangs up on me, that means she
                     perceives some sort of intent-- 
                         MR. DOMICELLO:  Objection.  
           Mr. Coutsoukis is testifying.
                         MR. COUTSOUKIS:  --which is 
           the basis of the definition.
                         THE COURT:  You're
           testifying.  Objection sustained.
                         MR. COUTSOUKIS:  What am I 
           allowed to ask her if anything?  If she's
                     not--
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  That's up to you. 
           I cannot tell you what you should ask. 
                     If you have no further questions, I'm
                     going to conclude--
                         MR. COUTSOUKIS:  No--yes, I 
           certainly do have a lot of questions.
                         THE COURT:  I'm going to 
           conclude the cross-examination. 
           Q      Do--
                         MR. COUTSOUKIS:  No, I have 
           plenty of questions.
           Q      Do you know if it--
                         THE COURT:  All right.  Well,
           then, you will be given a few more
                     moments, Mr. Coutsoukis.  Make sure your
                     questions are relevant.  If they continue
                     in an irrelevant manner, the court will
                     cut off cross-examination.
                         MR. COUTSOUKIS:  I will try 
           to be relevant, Your Honor, but like to
                     remind the court--
                         THE COURT:  I'll give you 
           another few more minutes.
                         MR. COUTSOUKIS:  Yes.  That 
           for two years this court has heard over
                     and over and over false accusations--
                         THE COURT:  Mr. Coutsoukis, 
           let's move on.
                         MR. COUTSOUKIS:  I have never
           had a chance to be heard.
                         THE COURT:  Let's move on 
           right now.
           Q      Do you not as a matter of course,
          when I bring up Teddy, her condition, and
          discuss it, hang up on me?
                         MR. DOMICELLO:  Objection, 
           Your Honor.  It's irrelevant.
                         MR. COUTSOUKIS:  How can that
           be irrelevant?  We're talking about my
                     calling her and she considers this
                     harassment.
                         MR. DOMICELLO:  Your Honor, 
           Ms. Samora has alleged that Mr.
                     Coutsoukis has harassed her through calls
                     and other means.  The content of those
                     conversations--whether or not he calls
                     her--are not really relevant in this
                     matter.
                         MR. COUTSOUKIS:  The content 
           of the conversation that she considers
                     harassment is not relevant?
                         MR. DOMICELLO:  What my 
           client-- 
                         MR. COUTSOUKIS:  What is 
           relevant?
                         MR. DOMICELLO:  What my 
           client says in response to harassing
                     calls is not relevant.  Whether or not
                     Mr. Coutsoukis--
                         MR. COUTSOUKIS:  I did not 
           ask her what she said.  I asked whether
                     she hung up.
                         MR. DOMICELLO:  Whether Mr. 
           Coutsoukis made the call--
                         THE COURT:  I'm going to 
           allow him to ask the question.
                         MR. COUTSOUKIS:  Okay. 
           Q      When I ask if--when I mention that
          on the phone to you that Teddy slept better
          when she was taken Frisium, did you not hang up
          me?
                         THE COURT:  No, not--no, no, 
           no, no.  No.
           Q      Did you not--did you not as a
          matter--normally, as a matter of rule, as a
          rule, hang up on me whenever I bring up aspects
          of Teddy's condition in conversation on the
          phone?
                         MR. DOMICELLO:  Objection, 
           Your Honor.  The-- 
                         THE COURT:  It's vague and 
           general.  Objection sustained.
                         MR. COUTSOUKIS:  No, I tried 
           a specific one and that was--
                         THE COURT:  No, Mr.
           Coutsoukis.  Please.  You don't have to
                     respond--
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  --every time I 
           make a ruling.  
                         MR. COUTSOUKIS:  Okay.
                         THE COURT:  That is not 
           necessary.
                         MR. COUTSOUKIS:  Okay.
           Q      Do you feel that when I call and
          discuss Teddy, my intentions are to harass you? 
          Do you feel that when I call and we have a
          conversation, whether I call Teddy or you, that
          when I discuss Teddy, to you that is
          harassment--harassing?  Teddy's condition.
           A      When you discuss Teddy, when you
          just want to discuss Teddy.
           Q      Teddy's condition.  Like Frisium,
          like her feet, like her-- 
           A      No, I don't think that's
          harassment.
           Q      You don't think it's harassment? 
          Okay.
           A      Not if you--not if there's a
          continuing and if I--if I don't want to
          continue the phone call and I hang up and you
          continue to--continue to call, then I think
          it's harassment.
           Q      Okay.  Did I continue to call when
          you hung up on me when I asked about Frisium?
           A      No. 
           Q      Okay.  But you hung up on me.  Was
          that an indication that you felt harassed?
           A      No. 
           Q      You did not feel harassment?
           A      I--wait a minute.
           Q      Do you know why you hung up on me?
                         MR. DOMICELLO:  Your Honor, 
           when my client--ask one question at a
                     time and not have these compound
                     questions?
                         THE COURT:  I'm sorry, Mr. 
           Domicello?
                         MR. DOMICELLO:  We have 
           compound questions, Your Honor.  I'm
                     asking that Mr. Coutsoukis answer--ask
                     one question at a time and my client be
                     given an opportunity to answer.
                         THE COURT:  All right.  I'm 
           going to order that you cannot ask a
                     compound question, but you should not
                     ask--
                         MR. COUTSOUKIS:  She asked 
           the first one, I asked the second one.
                         THE COURT:  You should not 
           ask her questions that call for a legal
                     conclusion as well.  
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  By asking a 
           question in reference to harassment, that
                     is a legal conclusion and I will not
                     permit her to answer that question.  
                         MR. COUTSOUKIS:  Okay.
           Q      Did you--why did you hang up on me
          when I stated that I felt Teddy slept better
          when she was taking Frisium?
                         MR. DOMICELLO:  Your Honor, 
           it's irrelevant.  Objection.
                         THE COURT:  Sustained.
                         MR. COUTSOUKIS:  I would like
           to ask the witness to examine a
                     transcript of a conversation that Mr.
                     Domicello cited in the last hearing as an
                     evidence of harassment.
                         THE COURT:  I don't know what
           you're referring to.  A transcript of a
                     conversation?
                         MR. COUTSOUKIS:  This is the 
           conver--actual conversation that Mr.
                     Domicello last time said, through the
                     witness, constituted harassment, and I
                     would like her to authenticate the
                     contents so we can go over it to see
                     whether indeed it was or was not
                     harassment.
                         THE COURT:  Is this a
           transcript of a conversation over the
                     telephone that you had--
                         MR. COUTSOUKIS:  That's 
           right.
                         THE COURT:  All right--
                         MR. DOMICELLO:  Objection.
                         THE COURT:  Sustained. 
                         MR. COUTSOUKIS:  What is the 
           objection?
                         THE COURT:  I'm not going to 
           permit any transcript to be reviewed by
                     this witness.
                         MR. COUTSOUKIS:  Okay.
                         THE COURT:  It is not a 
           transcript of a court proceeding or--the
                     court has no knowledge of--
                         MR. COUTSOUKIS:  Okay.  May I
           ask her questions about the content of
                     that conversation which she described as
                     harassing her?
                         MR. DOMICELLO:  Your Honor, 
           this conversation--
                         THE COURT:  I don't know--
                         MR. DOMICELLO:  --takes place
           between whom?
                         THE COURT:  I don't know what
           conversation we're referring to.
                         MR. COUTSOUKIS:  This is 
           between Susan and myself.  It took place
                     in September.  It was the last time I
                     called the petitioner before months later
                     when Mr. Domicello said to call her
                     because she didn't know why the hearing
                     was closed--adjourned.
                         MR. DOMICELLO:  Objection, 
           Your Honor, to anything that I may have
                     said, first of all.  Second of all, a
                     conversation between Mr. Coutsoukis and
                     Ms. Samora, if it's not part of the
                     allegation, not part of the petition, not
                     part of direct examination, then I think
                     it's objectionable and I'm--
                         MR. COUTSOUKIS:  This is part
           of the petition and part of the
                     examination.
                         MR. DOMICELLO:  Look, I don't
           know what your holding, but it's
                     irrelevant what you're holding because
                     it's not in evidence.
                         THE COURT:  What part of the 
           petition are you referring to?
                         MR. COUTSOUKIS:  The one 
           where she said I harassed her by
                     telephone.  And when we were here last
                     time, she discussed the conversation.
                         THE COURT:  Well, why don't 
           you just ask her a question.
                         MR. COUTSOUKIS:  Okay. 
           Q      Tell us if the phone conversation
          is correct, whether it took place, and why you
          found it upsetting.
                         MS. KOTLER:  Objection, Your 
           Honor.  This is a compound question.
                         MR. COUTSOUKIS:  Okay. 
                         MR. DOMICELLO:  And it's 
           calling for a reasonable conclusion.
           Q      Tell us whether this conversation
          took place.
           A      So what is the question now?
                         THE COURT:  What--what--
           Q      And I'm going to read it. 
                         THE COURT:  What time--what--
                         MR. COUTSOUKIS:  September 
           1998, Your Honor.  It was the day she
                     filed the petition for an Order of
                     Protection.
                         THE COURT:  What is the 
           question?
           Q      Susan, can we finish my discussion
          first?  This child is out of the house, out of
          your sight from 9:30.  Susan interrupts, Excuse
          me, you're editorializing.  (Inaudible).  I'm
          not editorializing.  I'm asking, Susan.  I know
          what the story is.  (Inaudible).
                         MR. DOMICELLO:  Your Honor, 
           I'm going to object.
           Q      And you think that it's not
          important. 
                         MR. DOMICELLO:  Mr.
           Coutsoukis is testifying.  He's not
                     asking a question.
                         THE COURT:  Just a minute.
           Q      The question is-- 
                         THE COURT:  Mr. Coutsoukis, 
           wait.  There's an objection.
                         MR. DOMICELLO:  Your Honor, 
           Mr. Coutsoukis is testifying here.  He's
                     not asking a question.
                         MR. COUTSOUKIS:  I am asking 
           a question, whether the phone
                     conversation is correct.  Whether that
                     took place. 
                         THE COURT:  Mr. Coutsoukis, 
           you're reading from a transcript that's
                     not in evidence, and therefore the court
                     will sustain the objection. 
                         MR. COUTSOUKIS:  Okay.  I 
           would like to be able to present the
                     court with the facts of this matter,
                     namely, that there has never been
                     harassment by telephone to Susan.  And
                     I'm trying to--
                         THE COURT:  No.  Mr.
           Coutsoukis, you're making a statement
                     that you will have the right to make when
                     you testify.  It is evidence.  It's in
                     the nature of evidence.  What your role
                     now is to ask her a question, not to
                     testify.
                         MR. COUTSOUKIS:  Yes, and I 
           think I should be allowed to ask her--
                         THE COURT:  Not to testify.
                         MR. COUTSOUKIS:  I am not--
           right.
                         THE COURT:  And Mr.
           Coutsoukis, further, again, every time I
                     make a ruling, you are argumentative. 
                     Accept my rulings, please, and then
                     appeal it.  That is the way to proceed.
                         MR. COUTSOUKIS:  Well, I 
           wanted to ask her--
                         THE COURT:  But you are 
           requesting precious time of this court
                     for you to have an opportunity to defend
                     yourself, and that's what you should be
                     doing and that's what you should be
                     concentrating on.  Not to debate every
                     single ruling that I make. 
                         MR. COUTSOUKIS:  I apologize,
           Your Honor.  I just meant to ask her a
                     question.  The question being, Was the
                     following conversation--did the phone
                     conversation take place?  It is different
                     if I say it took place then if the
                     petitioner says it took place because she
                     is the accuser.  And I would like her to
                     state whether or not it took place.
                         THE COURT:  Again, Mr.
           Coutsoukis, just ask the question,
                     please.
                         MR. COUTSOUKIS:  Okay.  But 
           I'm not allowed to ask if this
                     conversation took place you're saying?  
                     Okay.
                         THE COURT:  Mr. Coutsoukis, 
           move on.
           Q      Isn't it true that ever since
          Teddy's birth you have attributed ill
          intentions to my actions in order to justify
          your denial of my access to her?
                         MR. DOMICELLO:  Objection. 
                         THE COURT:  Sustained. 
           Q      Can you tell the court what you
          meant in response to, What did I do wrong? when
          you replied, quote, "You just are," unquote?
                         MS. KOTLER:  Objection.
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained.
           Q      How many incidents of telephone
          harassment have you described during your
          appearance in front of Judge Tolbert, the other
          judge?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         MS. KOTLER:  Objection.
                         THE COURT:  Sustained.
           Q      How often do I call your home?
           A      I had an opportunity--
           Q      How often do I call your home?
                         MS. KOTLER:  Objection.
           A      May I answer the question?
                         THE COURT:  Overruled.
                         MS. KOTLER:  He's not letting
           her answer the question, Your Honor.
                         THE COURT:  Let her answer 
           the question.
           A      Okay.  The last time we were in
          this court, I guess it was December 1, I had an
          opportunity to review the subpoenaed phone
          records, and from the date in June continuing
          on through September, there were some days
          where there were six, seven, eight and nine
          phone calls per day into my house at that time.
           Q      How many times were there nine
          phone calls a day? 
           A      There were quite a few times.
           Q      How many?
           A      I don't know, but-- 
           Q      Guess. 
           A      I'm not guessing.  The records--
                         MR. DOMICELLO:  Objection, 
           Your Honor.  Not--
           A      The records-- 
                         THE COURT:  Sustained. 
           Q      Was it more than ten or less than
          ten?
           A      There is a--there is--
                         MR. DOMICELLO:  Objection, 
           Your Honor.
           A      There is a piece of paper that is
          very voluminous in the annals of this court
          that will tell you how many times you have
          called my house, okay?
           Q      Okay.
           A      And it is voluminous.  It is over
          and above a normal phone conversation.
           Q      So until that last time from July
          1998 until the last time we were in court,
          would that be more than one hundred and fifty
          phone calls?
                         MR. DOMICELLO:  Objection, 
           Your Honor.  Speculation--
           Q      Can you guess that it was--can you
          estimate--
                         THE COURT:  Look, I'm going 
           to sustain--
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  --the objection 
           as to any answer that calls for her to
                     guess.
           Q      Did you not obtain an Order of
          Protection from this court last year, September
          9, 1997, the year before last, now, as a result
          of a consent agreement which stated, quote, "No
          electronic communication between the parties?" 
          Did you obtain--
           A      Could you ask that question again,
          please.  I'm not--I have-- 
           Q      Did you obtain an Order of
          Protection from this court on September 9,
          1997, which stated inter alia, quote, "No
          electronic communication between the parties,"
          unquote?
                         MR. DOMICELLO:  Your Honor, 
           I'm going to object.  My client--
                         THE COURT:  Sustained. 
           Q      Were you ordered by the Oregon
          court to seek a modification of the Order of
          Protection you got on September 9, 1997?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         MS. KOTLER:  Objection. 
                         THE COURT:  Sustained. 
                         MR. COUTSOUKIS:  Well,
           there's a pattern here of the Order of
                     Protection.
                         MR. DOMICELLO:  Objection, 
           Your Honor.  Outside the--
                         THE COURT:  Sustained. 
           Q      Did I ever seek an Order of
          Protection against you?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained. 
                         MR. COUTSOUKIS:  Okay. 
           Q      Can you please tell the court how
          often I call Teddy, our daughter?
           A      Every night. 
           Q      And do I have a choice in the
          matter or is it entirely under your control,
          your way?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
           Q      Is it your--
                         THE COURT:  I'll allow it. 
           Q      --choice?
           A      Yes. 
           Q      Okay.  Do you feel I should do like
          you wish when you wish as you wish because you
          got the kid?
                         MR. DOMICELLO:  Objection. 
                         THE COURT:  Sustained. 
           Q      Is it possible for me to call Teddy
          without calling your phone and your answering
          it?
           A      No. 
           Q      And in your appearance before Judge
          Bruce Tolbert, the other judge, did you not
          say, quote, "He reads to her.  He sings to her. 
          It's wonderful," end quote?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained. 
           Q      When I call Teddy, do I read to
          her?   Do I sing to her?  Is it wonderful?
           A      Lately, it has not been.  You're
          singing love songs.  You used to read to her. 
          You used to be very positive.   Now, you stay
          quiet for twenty minutes of a half an hour
          conversation.  I don't understand what's going
          on.  She used to have a lot more fun when you
          used to read-- 
           Q      Is it wrong-- 
           A      --read to her and sing fun songs
          rather than, you know, love songs. 
           Q      So you think it was wonderful at
          the time you filed your complaint?
           A      Right.
                         MR. DOMICELLO:  Objection, 
           Your Honor.
           Q      And when you-- 
                         MR. DOMICELLO:  That wasn't 
           the testimony of my client.  He just
                     asked the question, Was it more fun at
                     the time she filed the petition?  That is
                     not the testimony of my client, so I
                     object to that question as to form.
                         THE COURT:  I'll sustain the 
           objection.
           Q      When you said it was more fun then,
          was it wonderful then?
           A      Yes. 
           Q      And was it wonderful like a sweet
          lullaby?
                         MR. DOMICELLO:  Objection, 
           Your Honor.          
                         THE COURT:  Sustained.
                  How wonderful was it?
                         MR. DOMICELLO:  Objection, 
           Your Honor.  It's irrelevant how
                     wonderful his conversation was.
                         THE COURT:  Sustained. 
           Q      Would you say that Teddy and I are
          extremely found of each other?
                         MR. DOMICELLO:  Objection, 
           Your Honor.  Relevance.
                         THE COURT:  Sustained. 
           Q      Is your denial of access of Teddy
          and me caused her (inaudible)?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         MS. KOTLER:  Objection. 
                         THE COURT:  Sustained.
           Q      Does Teddy enjoy her conversations
          on the phone with me when I call everyday?
                         MS. KOTLER:  Objection.
                         MR. DOMICELLO:  Your Honor--
                         THE COURT:  Sustained. 
           Q      Well, you stated last time that you
          think from the--did you not say that she can
          tell--even if she does not understand a word,
          the demeanor will make her uncomfortable?  In
          particular, regarding the word, rape?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         MR. COUTSOUKIS:  She said 
           that.  It's in the record. 
                         THE COURT:  Sustained. 
                         MR. COUTSOUKIS:  Okay. 
           Q      Isn't it more often than not--isn't
          it true that more often than not you talk
          during my conversations with Teddy?  You make
          noises with teacups, you ask Teddy questions,
          and other such activities?
                         MR. DOMICELLO:  Objection, 
           your Honor.
                         THE COURT:  Sustained.
           Q      Do you speak during my
          conversations with Teddy?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  I'll allow it. 
           A      Do I speak to--?  To who?  To
          Teddy?  She could be showing me something or
          asking me something.  Yes, I do. 
           Q      Okay. 
           A      If she's engaging me, I'm going to
          answer her.
                         MR. DOMICELLO:  Your Honor, 
           conversations between my client and her
                     daughter are not relevant in this matter,
                     and I'm objecting.
           Q      Isn't it true that your
          hyperactive, attention deficit disorder makes
          it impossible for you to stay still and quiet--
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained.
           Q      --during my conversations with
          Teddy?
                         THE COURT:  Sustained.
           Q      How long do my conversations with
          Teddy last?
           A      Approximately thirty minutes. 
           Q      And when did you start allowing
          daily conversations on the telephone between me
          and Teddy?
           A      After the summer vacation.
           Q      And isn't that because after she
          spent time with me all of a sudden she started
          learning things for the first time?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained.
                         MR. COUTSOUKIS:  What--what 
           is the objection?
                         THE COURT:  Sustained.  Move 
           on.
           Q      Did the conversations take place at
          a usual time?
           A      Yes. 
           Q      And are these times when I would--
          other times when I would call earlier than the
          designated time?  Have there been times when I
          called earlier than the designated time?
           A      Yes.
           Q      Are there times when I called Teddy
          later than the designated time?
           A      Rarely. 
           Q      On March 14, Sunday, when I called
          to speak with Teddy--
                         MR. COUTSOUKIS:  I will 
           withdraw the question, Your Honor.
           Q      Do you consider my expression of
          opinion about matters pertaining to Teddy's
          health as harassment?
                         MR. DOMICELLO:  Objection, 
           Your Honor.  It calls for a conclusion.
                         THE COURT:  Sustained.
                         MR. COUTSOUKIS:  I beg your 
           pardon?
                         MR. DOMICELLO:  Your Honor 
           heard my objection.  
                         THE COURT:  Sustained. 
                         MR. DOMICELLO:  You don't 
           need to.
           Q      Are you allowing daily
          conversations now because the greater time I
          spend on the phone offers greater opportunities
          for you to find something to complain about?
                         MS. KOTLER:  Objection
                         THE COURT:  Sustained.
           Q      Have there been times when you
          would send a request by fax asking me to call
          Teddy at a later time?
                         MR. DOMICELLO:  Objection, 
           Your Honor.  It's irrelevant.
                         MR. COUTSOUKIS:  We just 
           talked about it.  We're talking about
                     repeated phone calls.  If she sends a fax
                     asking me to call later, I have to call. 
                         MR. DOMICELLO:  Objection, 
           Your Honor.  Mr. Coutsoukis has not filed
                     any Family Offense petition alleging
                     harassment.  What my client sends him by
                     fax is not relevant--
                         MR. COUTSOUKIS:  She sends a 
           fax asking me to call.
                         MR. DOMICELLO:  --to
           allegations of this petition.
                         THE COURT:  Objection
           sustained.
                         MR. COUTSOUKIS:  She's asking
           me to call her.
                         THE COURT:  Objection
           sustained.
                         MR. COUTSOUKIS:  Okay.
           Q      Have there been times when I would
          call Teddy and not be allowed to speak with her
          by you?  That you would not allow me to speak
          with her?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  I'll allow it. 
           A      If it was an inopportune time, if
          we just sat down for dinner or she was about to
          get into her bath--
           Q      I didn't ask you why.  I'm asking
          whether there have been times when you--
           A      Yes, there was--there have been
          times. 
           Q      Thank you.  Does your phone have a
          volume control?
                         MR. DOMICELLO:  Objection.
           A      Yes--  
                         THE COURT:  I'll allow it.
           Q      Do you have the ability to turn the
          ringer off if you don't want to receive phone
          calls?
           A      Absolutely. 
           Q      Would you say that my conversations
          with Teddy give her and me great pleasure?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained.  Mr. 
           Coutsoukis--
           Q      What-- 
                         MR. COUTSOUKIS:  Yes.  I 
           apologize.
                         THE COURT:  Just before you 
           go any further, I just want to give you--
                     I want to put you on notice now.  I'm
                     going to let you continue for ten more
                     minutes, and then I'm cutting off cross-
                     examination.
           Q      How often did you allow me to speak
          with Teddy before the time after my vacation
          that you stated?
           A      As the-- 
           Q      Was it once a week?
           A      As the decree--as the decree--
          custody decree or divorce decree noted.
           Q      I just asked you how many times.
           A      Once a week.
           Q      Once a week?  Okay.  And then after
          her vacation we switched to daily, correct?
           A      Right. 
           Q      Okay.  And did you not prevent us
          from speaking with each other in order to break
          our strong bond? 
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained. 
           Q      Have you seen the medical and
          educational records that I submitted to this
          court and to the Oregon court when I petitioned
          them to modify the custody and visitation
          order?
                         MR. DOMICELLO:  Objection, 
           Your Honor.  Irrelevant.
                         MS. KOTLER:  Objection.
                         THE COURT:  Sustained. 
           Q      Isn't it true that Teddy
          deteriorated after my separation from her?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         MS. KOTLER:  Objection.
                         THE COURT:  Sustained. 
           Q      Isn't it true that more often than
          not you would hang up the telephone in the
          middle of our conversation after a few minutes,
          prior to switching to daily?  In other words,
          when I had weekly--when I called Teddy weekly
          as you stated, would you after a certain amount
          of time hang up on us?
                         MR. DOMICELLO:  Objection, 
           Your Honor.  It's irrelevant.
                         THE COURT:  Sustained. 
           Q      Have there been occasions when you
          said Teddy's not ready to speak with me and
          that you would call back when ready?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained. 
           Q      Well, okay, we're talking about
          repeated phone calls here.  Has there been an
          occasion when I would call a second time
          because the first time you said you'd call back
          for me to call back?
                         MR. DOMICELLO:  Objection, 
           Your Honor. Mr. Coutsoukis is testifying
                     again.
                         THE COURT:  Sustained. 
           Q      Do you ring once and then that is
          the signal for me to call you back?
           A      Yes. 
           Q      Okay.  And do you do that in order
          not to pay for the cost of the phone call?
           A      Yes. 
                         MR. DOMICELLO:  Objection, 
           Your Honor. 
                         THE COURT:  I'll chance it.  
           I'll allow it.
           Q      Does it follow then that a call
          from my phone over to yours shown on my bill
          could be a call that you initiated by ringing
          my phone once--
                         MR. DOMICELLO:  Objection, 
           Your Honor. 
                         THE COURT:  Sustained. 
                         MR. COUTSOUKIS:  Your Honor, 
           the witness just testified and the
                     argument was that--
                         THE COURT:  Your question is 
           not relevant--
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  And I want to 
           move on and you should move on.  You
                     don't have a lot of time left.
           Q      Is it possible that a call to your
          number shown on my phone bill could be a call
          that you initiated by ringing my phone once? 
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained.  It's 
           not relevant to this proceeding.
           Q      If, when I call, your phone is busy
          or off the hook or you're having a long
          conversation or on the internet, does it follow
          that having gotten a busy signal I would keep
          trying to call you?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         MS. KOTLER:  Objection.
                         THE COURT:  Sustained.
                         MR. COUTSOUKIS:  Your Honor, 
           when somebody calls over and over when
                     the line is busy--
                         THE COURT:  No.  Mr.
           Coutsoukis--
                         MR COUTSOUKIS:  It shows on 
           that bill that she mentioned.
                         THE COURT:  Please, move on.
           Q      After Teddy's vacation with me in
          the beginning, have you allowed calls to Teddy
          at different times such as Saturday mornings?
           A      Yes.
           Q      If I called Saturday morning and
          you did not answer and I left a message on your
          answering machine, would you sometimes return
          the call? 
           A      Yes. 
           Q      And would that return phone call
          normally consist of your ringing my phone once
          and hanging up?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained. 
           Q      Isn't it reasonable for me to call
          your number to try again to reach Teddy?
                         MS. KOTLER:  Objection.
                         MR. DOMICELLO:  Objection, 
           Your Honor. 
                         THE COURT:  Sustained. 
           Q      When you stated that you saw a
          volume of repeated phone calls, is it possible,
          did it occur to you that they were attempts to
          call when you were not there or busy? 
                         MR. DOMICELLO:  Objection, 
           Your Honor.  My client is not an expert
                     on what would show up on the records of
                     Bell Atlantic Telephone Company.
                         THE COURT:  Objection
           sustained.
           Q      Did you call me to ask for money?
                         MR DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained.
           Q      Have there been occasions when I
          called Teddy and she was there and you said she
          was not?
                         MR. DOMICELLO:  Objection, 
           Your Honor.  Relevance.
                         THE COURT:  Sustained. 
           Q      Did you and I have a conversation
          on the telephone about the fax that you showed
          to Judge Tolbert?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained. 
           Q      Can you tell the court why you
          waited until Grandma left before you filed your
          request for an Order of Protection?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained.
           Q      Teddy's grandmother.  Okay.  
                         MR. COUTSOUKIS:  I'm at a 
           loss.
                         THE COURT:  All right.  Then 
           I'm going--
           Q      Is the letter--
                         MR. COUTSOUKIS:  Okay.  I'm 
           sorry.
                         THE COURT:  I'll give you 
           five more minutes--
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  But I am trying 
           to cut off any further questions at this
                     time.
           Q      In your testimony, did you state
          that I considered you and two assistants at the
          dentist holding Teddy down while the dentist
          worked on her to be amounting to rape?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         MS. KOTLER:  Objection.
                         MR. COUTSOUKIS:  Well, this 
           is one of the things that she was
                     complaining about.  I would like to
                     defend myself against the things she
                     complained about.
                         THE COURT:  Why don't you 
           rephrase your question and--
           Q      Is it not--is it false--is it
          inappropriate for a father to complain about
          his young daughter, his little girl, being held
          down by three adults while a professional is
          working in her mouth?  Is it--
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         MS. KOTLER:  Objection. 
                         THE COURT:  Sustained.
           Q      Is that harassment for a father to
          make such a complaint?
                         MS. KOTLER:  Objection.
                         MR. DOMICELLO:  Objection.  
           Calls for a conclusion.
                         THE COURT:  Sustained.
           Q      Isn't it true that on February 19,
          when Teddy and I were playing at the police
          station, you asked the policeman to tell us to
          leave?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained.
                         MR. COUTSOUKIS:  Your Honor--
                         THE COURT:  There's no
           testimony about that.  You haven't laid a
                     foundation for that question.
                         MR. COUTSOUKIS:  Okay.
                         THE COURT:  And let me remind
           you before you go any further that your
                     questions should be limited to her direct
                     testimony.  And you have three more
                     minutes.
                         MR. COUTSOUKIS:  To her 
           direct testimony?  You mean when he was
                     asking questions, Mr. Domicello?
                         THE COURT:  Yes, that's 
           what--
                         MR. COUTSOUKIS:  That would 
           be a rebuttal.  That would not be a
                     cross-examination, I believe.
                         THE COURT:  No.  No.  Mr. 
           Coutsoukis, I'm talking about your cross-
                     examination of this witness.  
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  Forget his
           rebuttal.  
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  He knows his job.
           Q      Isn't it true that you want the
          visitation exchange limited to a short period
          of time?
                         MS. KOTLER:  Objection.
                         THE COURT:  Sustained.
                         MR. COUTSOUKIS:  Okay.
           Q      Did you complain that the Ossining
          Police Station is inappropriate for the
          exchange because of the presence of policemen
          and possibly prisoners?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained.
                         MR. COUTSOUKIS:  Okay. 
           Q      Can you tell us who chose the
          Ossining Police Station as the place for the
          exchange?
                         MR. DOMICELLO:  Objection, 
           Your Honor.  Irrelevant.
                         THE COURT:  Sustained.
           Q      Isn't it true that before the
          Ossining Police Station, for my request and as
          granted by court, the exchange was taking place
          at the Peekskill Police Station?
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained. 
                         MR. COUTSOUKIS:  Can I ask 
           her to identify a document?
                         THE COURT:  You have two more
           minutes.
           Q      Last time-- 
                         MR. COUTSOUKIS:  Can we 
           bring, Your Honor, the exhibits that she
                     brought in?
                         THE COURT:  Which exhibits?
                         MR. COUTSOUKIS:  That is the 
           exhibit "1" that is a transcript from
                     1983.
                         THE COURT:  Exhibit "1" is a 
           fax.
                         MR. COUTSOUKIS:  No, there 
           was another exhibit which is a transcript
                     of a television show.
                         THE COURT:  There is no 
           transcript of the television show in
                     evidence.
                         MR. COUTSOUKIS:  With notes 
           in the margin from me.
                         THE COURT:  I'm sorry?
                         MR. COUTSOUKIS:  With notes 
           on the margin.  Notes from me-- 
                         THE COURT:  There is no 
           transcript--
                         MR. COUTSOUKIS:  It was the 
           testimony last--
                         THE COURT:  There's no
           transcript of a television show in
                     evidence.  It's now--
                         MR. COUTSOUKIS:  Can I
           present a fax--this is a fax that I
                     received from the petitioner.
                         MR. DOMICELLO:  Your Honor, 
           it's improper.
                         THE COURT:  This is a fax 
           that you received from this witness?
                         MR. COUTSOUKIS:  Asking me to
           call.
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained.  It's 
           not relevant to this proceeding.  And
                     it's now 3:30, and at this time the court
                     is not going to permit any further cross-
                     examination.  Any redirect?
                         MR. DOMICELLO:  Yes, Your 
           Honor.  I'm asking for a five-minute
                     adjournment.  My redirect will consist of
                     the records, and I'd like to have a
                     chance to review them over the five-
                     minute adjournment.
                         THE COURT:  All right.  We'll
           take a five-minute recess.
                         COURT OFFICER:  Step out, 
           please.
                        (Off the Record)
                           *    *    *
                         THE COURT:  Any redirect?
                         MR. COUTSOUKIS:  Your Honor, 
           may I say something for the record,
                     please?  That I strenuously protest the
                     fact that since the petitioner fled to
                     New York, came to this court, where the
                     court similarly and without a hearing
                     separated me from my daughter.  We have
                     come here over and over and over while
                     this court has refused to grant me one
                     single hearing.  And that limiting the
                     time so strictly to where I can try to
                     get some facts out of the petitioner is
                     very prejudicial.
                         THE COURT:  So noted.  Okay. 
           Let's proceed.
          REDIRECT EXAMINATION OF MS. SAMORA
          BY MR. DOMICELLO: 
           Q      Ms. Samora, what is your telephone
          number?
           A      Area code 914-941-2876, as of June
          of this year--June of last year.  Excuse me.
           Q      Is it true that at your direction I
          subpoenaed the records of Bell Atlantic?
           A      Yes. 
           Q      From the periods between-- 
                         MR. DOMICELLO:  Your Honor, 
           I'd like to make a statement about these
                     records in the first place.  I had an
                     opportunity to look at these records and
                     Ms. Samora had an opportunity to look at
                     these records.  These records were in
                     perfect order when we looked at them. 
                     All of a sudden, today, they're not.  I
                     don't know whether or not Mr. Coutsoukis
                     had an opportunity to look at these
                     records or whether he did or not.
                         MR. COUTSOUKIS:  Objection.  
           I haven't been to this court since last
                     time once.
                         MR. DOMICELLO:  I just want 
           that noted, Your Honor.  They're in
                     disarray at this time and they were not.
                         THE COURT:  All right.  That 
           will be noted for the record.
                         MR. COUTSOUKIS:  I object to 
           these fallacious accusation that have
                     been thrown at me ever since I walked
                     into the state.  I have not been in this
                     building since the last time. 
                         THE COURT:  Mr. Domicello, 
           let's proceed.
                         MR. COUTSOUKIS:  And Mr. 
           Domicello--
                         COURT OFFICER:  Sir?  
                         THE COURT:  Okay.  No more.  
           Let her proceed.  I'll allow a very few
                     questions on redirect.  Just a couple of
                     questions.
                         MR. DOMICELLO:  My questions,
           Your Honor, will be limited to the phone
                     records there were subpoenaed.
           Q      That covers the period of the
          filing of the petition and until present?  Is
          that correct?
           A      I believe so. 
           Q      Is it true that on June 18, 1999,
          Mr. Samora--Mr. Coutsoukis called your house
          six times?
                         MR. COUTSOUKIS:  Objection.  
           She has no way of interpreting the
                     records as Mr. Domicello stated.  These
                     records would show whether there's no
                     answer, they would show whether there's
                     an answering machine, they would show
                     when there's no ring.  
                         THE COURT:  She can testify 
           to that.  She can answer that. 
                     Overruled.
           A      As far as I read on the records.
           Q      July 3, seven times?
           A      As the records indicate.
           Q      July 7, eight times?
           A      Yup. 
           Q      July 9, seven times?
           A      Yes. 
                         MR. COUTSOUKIS:  May I look 
           at those records, Your Honor, while she's
                     answering?
                         MR. DOMICELLO:  Objection, 
           Your Honor.  
                         MR. COUTSOUKIS:  I'm-- 
                         THE COURT:  Well, he hasn't 
           asked to have them admitted into
                     evidence, but you shouldn't be asking her
                     questions from the documents if they're
                     not marked in evidence.
                         MR. DOMICELLO:  I'm not.  I'm
           asking her whether or not the calls were
                     made, not whether or not they--
                         MR. COUTSOUKIS: She said from
           the records the only place she can tell--
                                THE COURT:  Just a minute,
                     Mr. Coutsoukis.  Let me do this.  You can
                     ask her of her own personal knowledge
                     whether she has that information.
           Q      To your own personal knowledge,
          July 16, seven times?
           A      I don't know.
                         MR. DOMICELLO:  Your Honor, I
           ask that these records be-- 
           A      I can--I can-- 
                         MR. COUTSOUKIS:  She said she
           doesn't know.
           A      I can speak of a pattern of
          continuous calls, but to remember dates, I
          don't remember.
                         MR. COUTSOUKIS:  He didn't 
           ask about a pattern, Your Honor. 
                     Objection.
                         MR. DOMICELLO:  Your Honor, 
           I'm requesting that they be marked for
                     identification.
                         THE COURT:  Okay.  They'll be
           marked petitioner's Exhibit "4" for
                     identification.
                         MR. DOMICELLO:  Oh, I'm 
           sorry.  There's one more piece here.
                         THE COURT:  I'm sorry, Mr. 
           Domicello?
                         MR. DOMICELLO:  There was 
           another part of it. 
                         MS. SAMORA:  It's all part of
           it.
                         THE COURT:  All right.  
           That's a part of Exhibit "4"?
                         MS. SAMORA:  Yes. 
                         MR. COUTSOUKIS:  Could I look
           at that please?
                         THE COURT:  Not now.  It's 
           supposed to be admitted into evidence. 
                     You'll have an opportunity to review it
                     (inaudible).
                         MR. DOMICELLO:  Your Honor, 
           I'm requesting that these be marked in
                     evidence.
                         MR. COUTSOUKIS:  I have an 
           objection to that.
                         THE COURT:  Okay. 
                         MR. COUTSOUKIS:  My objection
           is that these records are a violation of
                     the privacy of my colleagues, my
                     customers, my family, my friends and
                     myself, and this is not the kind of case
                     that merits taking every phone call made
                     in months into evidence.  That's my
                     objection.
                         THE COURT:  All right.  Show 
           it to Mr. Coutsoukis and show it to the
                     law guardian.
                         MR. COUTSOUKIS:  I am not the
           mafia.  These are all January 1999
                     records.
                         MR. SAMORA:  Look at the 
           date.
                         MR. COUTSOUKIS:  Oh--
                         MR. SAMORA:  Top right. 
                         MR. COUTSOUKIS:  Got it.  
           Those just show that most of the calls
                     have a duration of zero minutes.
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         MR. COUTSOUKIS:  It says 
           zero.
                         MR. DOMICELLO:  Mr.
           Coutsoukis is testifying.
                         THE COURT:  Yes.
                         MR. COUTSOUKIS:  Just so you 
           know.
                         THE COURT:  All right.  Ms. 
           Kotler?
                         MR. DOMICELLO:  That's not 
           the basis for an objection.
                         MS. KOTLER:  That's not a 
           basis for not admitting the documents
                     into evidence.
                         MR. COUTSOUKIS:  No, I
           understand.  My objection was strictly on
                     the matter of violation of privacy.
                         THE COURT:  I'll let the law 
           guardian review it and then I'll respond
                     to that.
                         MS. KOTLER:  No objection, 
           Your Honor.
                         THE COURT:  All right.  The 
           document will be admitted into evidence,
                     Exhibit "4".  The court does not find
                     that there is a violation of anybody's
                     right to privacy.  There may be other
                     people's telephone numbers.  There's no
                     identification of that party or what the
                     conversations consisted of.  The other
                     way to do it, Mr. Coutsoukis, would be
                     for you to stipulate that a certain   
                     number of calls were made on certain
                     dates. 
                         MR. COUTSOUKIS:  Well, I 
           would like to now--to second what Your
                     Honor said, mainly that there is no
                     indication as to the contents of the
                     conversations.  These strictly indicate
                     an originating ring.
                         THE COURT:  Mr. Coutsoukis, 
           are you willing to stipulate that on
                     certain dates that you did call her
                     residence a certain number of times?
                         MR. COUTSOUKIS:  What I'm 
           stipulating is that when I call and
                     there's no answer, I can hang up and that
                     shows a zero charge over there.  And that
                     what I'm-- 
                         THE COURT:  Mr. Coutsoukis, 
           are you willing to stipulate on June 18
                     that you called her six times?
                         MR. DOMICELLO:  Your Honor, 
           I'm requesting a stipulation on July 27
                     of twelve times.
                         MR. COUTSOUKIS:  I'm
           stipulating that those were attempted
                     phone calls that were not complete
                     because they were not there or because I
                     got the answering machine and I hung up
                     hoping that maybe I'll catch them later. 
                     That is not--zero--that's why it shows
                     zero seconds.  That does not mean that I
                     made a phone call to her or that I spoke
                     with her or that I harassed her.
                         MR. DOMICELLO:  Your Honor, 
           Mr. Coutsoukis is testifying.  He read
                     one page that said a zero minimum.  We're
                     not sure--the records are not--
                         THE COURT:  All right.  
           There's--
                         MR. COUTSOUKIS:  You don't 
           know how many pages I read, sir.
                         THE COURT:  All right.  Mr. 
           Coutsoukis, there's clearly no
                     stipulation here.  The document will be
                     admitted into evidence and will speak for
                     itself.
                         MR. COUTSOUKIS:  What--I'm 
           sorry.  There's no stipulation?  
                         THE COURT:  No.
                         MR. COUTSOUKIS:  I did
           stipulate--
                         THE COURT:  No.  No, not--
                         MR. COUTSOUKIS:  That I did 
           make calls and that they were not
                     answered.  
                         THE COURT:  No.  That's--
                         MR. COUTSOUKIS:  That's why 
           they show zero seconds.
                         THE COURT:  Okay.  That's 
           enough.
                         MR. DOMICELLO:  Your Honor, 
           let the document speak for itself.  I
                     have no further questions.
                         THE COURT:  Okay.  Any
           questions, Mr. Coutsoukis?  I'll give you
                     an opportunity to inquire on recross.
                         MR. COUTSOUKIS:  Are you 
           finished with your--
                         MR. DOMICELLO:  Yes, sir. 
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  A couple of 
           questions.
                         MR. COUTSOUKIS:  A couple of 
           questions. 
                         THE COURT:  You don't have to
           repeat everything I say.
          RECROSS EXAMINATION OF MR. SAMORA
          BY MR. COUTSOUKIS: 
           Q      Are there--were there occasions in
          June and July when I would call and Teddy had
          to go to the potty and I was asked to call back
          in a few minutes or that you would call me back
          as a signal to call back?
           A      I don't know if that occurred in
          June or July, but it has occurred.
           Q      Were there times when you would say
          Teddy is not ready to speak with me and that
          you would signal me to call later?
           A      We addressed that, I thought.
           Q      Can you answer it, please?
                         MR. DOMICELLO:  I'll object, 
           Your Honor.
                         THE COURT:  It's been asked 
           and answered.
                         MR. COUTSOUKIS:  Would you 
           please give me those two pages, again? 
                     Would the clerk please read those 
           pages again that Mr. Domicello mentioned,
                     the June and July dates for the phone
                     calls?
                         THE COURT:  June 18, July 8, 
           July 16, July 27.
                         MR. COUTSOUKIS:  July 8, and,
           I'm sorry, what else?  July?
                         THE COURT:  July 8, July 16--
                         MR. COUTSOUKIS:  Okay.
          
                         THE COURT:  July 27.
           Q      Okay.  Where are those dates when
          Teddy was on vacation at my house, in other
          words, that she spent two weeks at a time at my
          house, two weeks in June and two weeks in July?
           A      June 18th, she would have been--it
          started on the 5th--she would have been at your
          house.
           Q      Okay.  And June 5th as well.  
           A      June 12, same thing. 
           Q      And July 8?
           A      July 8-- 
                         MR. DOMICELLO:  Your Honor, I
           believe I--well, I'm sorry, Your Honor. 
                     I believe, July 7 and July 9--
           Q      Okay.  July 7 and July 9, was Teddy
          at my house on vacation?  
           A      Yes. 
           Q      Okay.  Now, during Teddy's vacation
          in my house, did I try repeatedly to contact
          you so you can speak with Teddy to make her
          transition smoother?
           A      I was allowed to speak to Teddy.
           Q      And did we call you many times
          also?
           A      Yes. 
           Q      Okay.  And were there times when we
          would call--perhaps were there times during
          that period when you were not at home during
          the course of the day?
           A      It's possible.
           Q      Okay.  And during the times when
          those phone calls were made, were you not at
          home--were you absent from home?
           A      I don't know. 
           Q      Okay.  
                         MR. COUTSOUKIS:  Am I allowed
           to ask questions from the previous
                     testimony, Your Honor?  I didn't finish.
                         THE COURT:  No.  No, this 
           is--we--
                         MR. COUTSOUKIS:  Regarding 
           the visitation?  No?
                         THE COURT:  This is a
           recross.
                         MR. COUTSOUKIS:  Strictly a 
           rebuttal.
                         THE COURT:  Strictly a
           recross.
                         MR. COUTSOUKIS:  Yeah.  I 
           again protest there has not been enough
                     time for me to--
                         THE COURT:  Okay.  Any
           questions?
                         MS. KOTLER:  No, Your Honor.
                         MR. COUTSOUKIS:  --to
           (inaudible) on Susan.
                         THE COURT:  All right.  Thank
           you for your testimony.  You can go back
                     to your seat now.  Any other witnesses?
                         MR. DOMICELLO:  None, Your 
           Honor.
                         THE COURT:  You rest?
                         MR. DOMICELLO:  Yes. 
                         THE COURT:  All right.  Mr. 
           Coutsoukis, your turn.
                         MR. COUTSOUKIS:  Start with 
           testimony?
                         THE COURT:  It's up to you. 
                         MR. COUTSOUKIS:  Okay.  Or 
           can I produce argument?
                         THE COURT:  You can make an 
           argument.
                         MR. COUTSOUKIS:  I appreciate
           that.
                         THE COURT:  Is it--
                         MR. COUTSOUKIS:  Last time I 
           was told my argument was testimony.
                         THE COURT:  Well, no.  Let me
           just clarify to you what you can say. 
                     You can make a motion to dismiss limited
                     to the testimony that was heard by this
                     court.  You cannot testify.
                         MR. COUTSOUKIS:  I am not 
           allowed to testify?
                         THE COURT:  Not on the
           motion.  You can testify after the court
                     rules on the motion.
                         MR. COUTSOUKIS:  Okay.  If I 
           make the motion to dismiss, can I still
                     testify if it's not dismissed?
                         THE COURT:  Yes. 
                         MR. COUTSOUKIS:  Thank you.  
           I would like to move--
                         THE COURT:  And you'll do 
           that right after.
                         MR. COUTSOUKIS:  I would like
           to move that the frivolous, fallacious
                     and scurrilous petition be dismissed with
                     prejudice.  And the reason for that is
                     they have not proven any harassment as
                     defined by the Penal Code which says,
                     Harassment in the second degree, of which
                     I'm being accused, when with intent to
                     harass, annoy or alarm another person, he
                     or she strikes, shoves, hits, or
                     otherwise subjects such a person to
                     physical contact, or attempts to--or
                     threatens to do the same; or, two, he or
                     she follows a person in or about a public
                     place or places; or, three, he or she
                     engages in the course of conduct or
                     repeatedly commits acts which alarm or
                     seriously annoy such a person in which
                     serves to (inaudible) person.  This is
                     Section 240.26 of the Penal Code, and I
                     would like to emphasize the clause that
                     says, with intent to harass.  They have
                     shown nothing that is harassing or that I
                     had any intention whatsoever to harass. 
                     So I would beg this court to please
                     dismiss this petition.  I have never been
                     a danger to anyone in my life.  I have
                     never owned any arms of any sort.  I have
                     never had a fight in my life, not even in
                     school.  I don't drink, I don't do drugs,
                     I don't party.  I am too busy working to
                     make a living.  This is a frivolous,
                     unwarranted, fallacious, prejudicial
                     petition.  Please dismiss it with
                     prejudice. 
                         THE COURT:  Okay.  Mr.
           Domicello?
                         MR. DOMICELLO:  Your Honor, 
           you've heard testimony of my client.  She
                     makes allegations in her petition with
                     regard to harassment and other crimes
                     and, basically, has testified for an
                     extensive period of time and has, what I
                     believe, proven these allegations.  We
                     have phone records of Mr. Coutsoukis
                     making telephone calls that are in
                     evidence now.  I could speak to them. 
                     There are days between June and
                     September, some days ten, twelve calls a
                     day.
                         MR. COUTSOUKIS:  Objection, 
           Your Honor.  We already established
                     through her testimony--
                         MR. DOMICELLO:  Your Honor--
                         MR. COUTSOUKIS:  That those 
           were calls when Teddy was in my home and
                     we called mommy.
                         THE COURT:  All right.  Mr. 
           Coutsoukis, the record will speak for
                     itself.  All right?  Move on.
                         MR. DOMICELLO:  We're taking 
           the light most favorable to the party
                     moved against.  I believe that there will
                     no basis to dismiss this petition.  I
                     believe my client made a prima facie case
                     in this matter for harassment, at least
                     Subsection 3, which is engaging a course
                     of conduct intended to annoy, alarm
                     another person.  I believe Mr. Coutsoukis
                     has done so, my client has testified to
                     that and, therefore, I request that Mr.
                     Coutsoukis' application be denied.
                         THE COURT:  Okay.  Ms.
           Kotler?
                         MS. KOTLER:  Your Honor, I 
           think that the petitioner has made a
                     prima facie case.
                         THE COURT:  Okay.  The
           motion--
                         MR. COUTSOUKIS:  May I just 
           note that they have not.  He stated that
                     she has shown that I harassed when, in
                     fact, she has not once shown that I had
                     any intention or that she perceived any
                     intention of my calls for the purposes of
                     harassment.  On the contrary. 
                         THE COURT:  The motion to 
           dismiss will be denied.  Petitioner has
                     made a prima facie case.  Let's proceed.
                         MR. COUTSOUKIS:  Okay.  
                         THE COURT:  How do you wish 
           to proceed, Mr. Coutsoukis?
                         MR. COUTSOUKIS:  As you know,
           I am not a lawyer.  I am not--I have
                     also-- 
                         THE COURT:  How do you wish 
           to proceed?
                         MR. COUTSOUKIS:  I think if I
           could be allowed to testify and do my
                     arguments at the same time?
                         THE COURT:  Okay.  Take the 
           witness stand.  You'll be sworn in.
                         MR. COUTSOUKIS:  And I would 
           like to bring my documents with me then.
                         MR. DOMICELLO:  Absolutely 
           not, Your Honor.  I object to that whole
                     heartedly.  Mr. Coutsoukis is not going
                     to be able to read from any document
                     that's not in evidence.
                         MR. COUTSOUKIS:  I would like
           to introduce documents into evidence.
                         THE COURT:  You shouldn't 
           read from doc--you can bring it with you,
                     but you cannot look at it.
                         MR. COUTSOUKIS:  I cannot 
           look at my documents?
                         THE COURT:  You cannot look 
           at--you cannot read from a document if
                     it's not evidence.
                         MR. COUTSOUKIS:  Well, okay. 
                         THE COURT:  In other words-- 
                         MR. COUTSOUKIS:  That's 
           right. 
                         THE COURT:  Any statement 
           that you're going to make to the court
                     should not be as a result of perusing a
                     document.
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  Should you want 
           to have a document admitted into
                     evidence, you can ask the court to do
                     that.  All right?
                         MR. COUTSOUKIS:  And then 
           when I do that can I discuss the document
                     after it's introduced into evidence?
                         THE COURT:  If it's admitted 
           into evidence, I'll make a ruling at that
                     time.  Let the record reflect it's now
                     two minutes after four.  Over here.
                         COURT OFFICER:  Here, sir.
                         MR. COUTSOUKIS:  One more.
                         COURT OFFICER:  Please raise 
           your right hand.  Do you solemnly swear
                     to tell the truth, the whole truth and
                     nothing but the truth, so help you God?
                         MR. COUTSOUKIS:  I do. 
                         COURT OFFICER:  Please state 
           your name for the record.
                         MR. COUTSOUKIS:  Photius 
           Coutsoukis.
                         COURT OFFICER:  You may be 
           seated.
                         MR. COUTSOUKIS:  I would like
           to introduce this in evidence, Your
                     Honor.
                         THE COURT:  I don't know what
           that is.
                         MR. COUTSOUKIS:  This is an 
           article, a newspaper article about me. 
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         MR. COUTSOUKIS:  And the 
           reason I'm introducing it is because this
                     is about my character and this is my
                     first opportunity in two years to defend
                     my character. 
                         MR. DOMICELLO:  Objection, 
           Your Honor.  
                         MS. KOTLER:  Objection.
                         MR. DOMICELLO:  A proper 
           foundation is not laid.
                         THE COURT:  Objection
           sustained.
                         MR. COUTSOUKIS:  Proper 
           foundation.  Okay.  This--
                         THE COURT:  It will not be 
           admitted into evidence.  
                         MR. COUTSOUKIS:  It is my 
           contention that this petitioner--
                         MR. DOMICELLO:  Your Honor, I
           would like to ask the court, what does
                     Mr. Coutsoukis have in his lap that he's
                     reading from--appears he's reading form?
                         MR. COUTSOUKIS:  It's my 
           notes.
                         THE COURT:  Well, you cannot 
           read from notes.  You can make a
                     statement to the court--
                         MR. COUTSOUKIS:  Well, Mr. 
           Domicello--
                         MR. DOMICELLO:  I request 
           that they be turned over, Your Honor, so
                     they're not seen.
                         MR. COUTSOUKIS:  --was
           asked--
                         THE COURT:  Mr. Coutsoukis, I
           told you before you got to the witness
                     stand, you cannot read from a document.
                         MR. COUTSOUKIS:  This is not 
           exhibits.  It's my notes.
                         THE COURT:  You cannot read 
           from notes.
                         MR. COUTSOUKIS:  Okay.  Mr. 
           Domicello read from notes--
                         THE COURT:  No, please. 
                         MR. COUTSOUKIS:  When he 
           asked questions.
                         THE COURT:  Mr. Coutsoukis, 
           do not be argumentative with me at every
                     stage--
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  Every minute I 
           make a ruling.
                         MR. COUTSOUKIS:  For the 
           record, I'd like to state that whereas
                     the other side referred to notes in
                     getting testimony--
                         THE COURT:  No.  No, no.  
           Don't--
                         MR. COUTSOUKIS:  I am not 
           allowed--
                         COURT OFFICER:  Sir?
                         THE COURT:  Don't do that.  
           The signaling applies to both sides.  And
                     I made a ruling.  Let's move on.  It's
                     now five after four.     
                         MR. DOMICELLO:  I'd like to 
           note, my client never read from a
                     document while she was testifying and Mr.
                     Coutsoukis should not be allowed either.
                         MR. COUTSOUKIS:  Mr.
           Domicello read from notes--
                         THE COURT:  No.
                         COURT OFFICER:  Sir.
                         THE COURT:  No more.  You 
           have a statement that you want to make to
                     the court?
                         MR. COUTSOUKIS:  I can no 
           more memorize my testimony than the
                     petitioner did.  The petitioner's
                     testimony was--
                         THE COURT:  Do you have a 
           statement that you want to make to the
                     court?
                         MR. COUTSOUKIS:  I do, but I 
           have to be able to refer to my notes.
                         THE COURT:  No, Mr.
           Coutsoukis.  I want you to not refer to
                     any notes.  I want you to--
                         MR. COUTSOUKIS:  I consider 
           this very prejudicial.
                         THE COURT:  Do you want--I'll
           give you an opportunity to look at the
                     amended petition if you want to do that
                     and, on the basis of that, you can
                     testify.  But you should not be
                     testifying from notes.
                         MR. COUTSOUKIS:  Okay.      
                         THE COURT:  Do you want to do
           that?  Do you want to do that?
                         MR. COUTSOUKIS:  I--fine.  
           Yes.
                         THE COURT:  You can do that.
                         MR. COUTSOUKIS:  Again-- 
                         THE COURT:  Just do that 
           without questioning my ruling.  All
                     right.  The court is giving you--the
                     court officer is handing you the original
                     amended petition.
                         MR. COUTSOUKIS:  Thank you.  
           I would like to say something in defense
                     of my character which has been dragged
                     through the mud by the petitioner in the
                     course of two years of relentless
                     persecution in this court.
                         THE COURT:  No. 
                         MR. DOMICELLO:  Objection.
                         THE COURT:  Mr. Coutsoukis, 
           you have the amended petition.  It's
                     there for a reason.  It's to give you an
                     opportunity to defend yourself on the
                     allegations in that petition.
                         MR. COUTSOUKIS:  I have 
           never-- 
                         THE COURT:  That's what this 
           hearing is about.
                         MR. COUTSOUKIS:  Okay.  I 
           have never harassed the petitioner, as we
                     heard the petitioner herself state.  The
                     phone calls on record that were repeated
                     took place during a period of time when
                     Teddy, our young daughter, spent two
                     weeks with me at my home in July and two
                     weeks with me at my home in June, whereby
                     I called the petitioner so that my
                     daughter could speak with her so that she
                     does not go into a sudden transition. 
                     I'm very careful about my daughter's
                     feelings and very considerate of my
                     daughter's feelings, and nobody is as
                     considerate or at all considerate of my
                     daughter's feelings like I am.
                         MR. DOMICELLO:  Your Honor, 
           I'm objecting to that statement.
                         THE COURT:  Please.  I'm 
           going to sustain the objection.  Please
                     refer to the petition.
                         MR. COUTSOUKIS:  I would like
           to state that this petitioner came to
                     court and made a big to do and wasted a
                     huge amount of this court's time--
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         MR. COUTSOUKIS:  Requesting 
           E-mail.
                         THE COURT:  I'm going to 
           sustain the objection.
                         MR. COUTSOUKIS:  This has to 
           do with the petition.  And the reason--
                     what this court ruled was that I should
                     be able to communicate by telephone.  The
                     Oregon court ruled that I should be able
                     to communicate by telephone.  This
                     petitioner has demonstrated through the
                     years an enormous aversion to
                     communication about her daughter, and the
                     reason for that--
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained.  Refer
           to the petition, once more.
                         MR. COUTSOUKIS:  And the 
           purpose for the complaint--the reason for
                     the complaint is so as to cause this
                     court to order that no telephone
                     communication take place and to also make
                     it very difficult, although easy for the
                     petitioner, very difficult for my
                     daughter to enter--
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         MR. COUTSOUKIS:  --visitation
           exchange.
                         THE COURT:  Sustained. 
                         MR. DOMICELLO:  Objection. 
                         THE COURT:  Sustained. 
                         MR. COUTSOUKIS:  Okay.  The 
           petition states that the visitation
                     exchange should be limited to five
                     minutes, where that is hurtful to the
                     feelings of my daughter.  The petitioner
                     give us an excuse, a number of reasons
                     such as that the Ossining Police Station
                     is unfriendly to children, yet where the
                     exchange used to take place at my request
                     was the Peekskill Police Station which
                     has a separate waiting area where no
                     policeman entered--they have a separate
                     entrance in the back.  And no prisoners
                     enter, they have an entrance in the back. 
                     Additionally, in the waiting area they
                     have the bathroom which is available
                     twenty-four hours a day.
                         MR. DOMICELLO:  Your Honor, 
           I'm going to object.  My client's
                     allegation--
                         THE COURT:  I'm going to 
           sustain--
                         MR. COUTSOUKIS:  Seven days a
           week.
                         THE COURT:  I'm going to 
           sustain the objection.  And if you
                     continue in this manner, I will cut off
                     your--
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  --your direct 
           examination.
                         MR. COUTSOUKIS:  She--she's 
           testified--
                         THE COURT:  I will not permit
           this to go on.
                         MR. COUTSOUKIS:  Can I--can I
           testify on the matters that she
                     testified?
                         THE COURT:  Please.
                         MR. COUTSOUKIS:  Okay.  She 
           testified that the Ossining Police
                     Station is not a good place to exchange
                     Teddy, and I'm stating that it was her
                     choice to go to the Ossining Police
                     Station.
                         THE COURT:  Okay.  Move on. 
                         MR. COUTSOUKIS:  The
           petitioner says that I harassed her by
                     the fact that I have been blaming her for
                     the condition of our daughter.  The
                     petitioner is responsible for the
                     condition of our daughter--
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         MR. COUTSOUKIS:  And that is 
           a fact.  And that I have tried to present
                     the facts to the court many times in the
                     past two years.
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         MR. COUTSOUKIS:  All right.  
           Sustained.
                         MR. COUTSOUKIS:  Stating the 
           facts is not harassment.  The petition
                     says, Examine our daughter's body for
                     bruises while on the street when, in
                     fact, the last time we were here the
                     petitioner testified that I only looked
                     at her legs when on her birthday, I
                     lifted her long skirt up to her knee to
                     see her bruises.  My statement about this
                     is also that that does not constitute
                     harassment and that the petitioner has
                     subjected to our--my daughter to such
                     brutal, badly-- 
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         MR. COUTSOUKIS:  --treatment. 
           Barbaric--
                         MR. DOMICELLO:  Your Honor?
                         MR. COUTSOUKIS:  Violations.
                         THE COURT:  All right.  I'm 
           going to sustain the objection.
                         MR. COUTSOUKIS:  The reason 
           for the statement in the petition is
                     because the petitioner is covering up her
                     crimes against my daughter and myself. 
                     The judge said the petitioner filed the
                     petition with originally--ignored any
                     references to faxes and the way I smell
                     and all these other things.
                         MR. DOMICELLO:  I'm going to 
           object, Your Honor, to anything that
                     Judge Tolbert did.
                         THE COURT:  I'm going to 
           sustain the objection.
                         MR. COUTSOUKIS:  I believe it
           is a father's right and a duty to have a
                     child try to tell the parent when
                     something bad is done to her.  But the
                     petitioner has placed our daughter in
                     situations of risk and danger and for a
                     child who cannot go on the toilet--to the
                     toilet without assistance and cannot tell
                     anyone what was done to her--
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained. 
                         MR. COUTSOUKIS:  My daughter 
           is not in a position to tell people what
                     is done to her because she has been
                     silenced.  She has a speech disability,
                     and that speech disability is what the
                     petitioner wants to conceal her past
                     crimes.
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained.  And 
           if you continue along this line, I am
                     going to--
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  --cease your 
           being a witness in this court.
                         MR. COUTSOUKIS:  I'm stating 
           that--
                         THE COURT:  Do you
           understand--
                         MR. COUTSOUKIS:  Yes, ma'am.
                         THE COURT:  --what I'm
           saying?
                         MR. COUTSOUKIS:  Yes, Your 
           Honor, I understand. 
                         THE COURT:  Well, then, 
           please obey the ruling of the court.
                         MR. COUTSOUKIS:  Regarding--
                         THE COURT:  And there are 
           consequences to not doing that.
                         MR. COUTSOUKIS:  Yes, Your 
           Honor.  Regarding the petitioner's
                     contention that I am being harassing by
                     asking my daughter whether she's beat, I
                     want to reply that it is a parent's right
                     and a duty to make sure a child can
                     report any violence committed on her.  I
                     would like to say that the petitioner has
                     taken extra judicial action to see to it
                     that communication is limited and that
                     the visitation exchange is also limited. 
                     And that the police, when she asked them
                     to tell me and my daughter who play at
                     the station every time we're there until
                     she's ready to leave, told her to just
                     take a walk, I would like to state 
           that--
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained. 
                         MR. COUTSOUKIS:  Well-- 
                         THE COURT:  Sustained. 
                         MR. COUTSOUKIS:  The
           petitioner--
                         THE COURT:  Sustained. 
                         MR. COUTSOUKIS:  Okay.  On 
           another matter, the petitioner has
                     testified that she has a tape recorder
                     that she brought to the police station. 
                     The petitioner has a speaker phone and
                     she has telephone records.  Also, I would
                     like to show you a photo that shows what
                     the police station looks like and to
                     demonstrate that this policemen have not
                     only windows to look outside where we
                     are, they also have windows inside to
                     look where we sit, they can hear us, they
                     have cameras from which they can view us. 
                     And in spite of that, she is wired as
                     Linda Tripp.  She brought no tapes.  She
                     brought no transcripts.
                         MR. DOMICELLO:  Objection, 
           Your Honor.   
                         MS. KOTLER:  Objection. 
                         THE COURT:  Sustained.
                         MR. COUTSOUKIS:  She has the 
           ability--she had every ability to bring
                     evidence of any phone conversations.  She
                     has a tape recorder.  She has brought no
                     tapes except what she saw on the record. 
                     She brought no transcripts.  She brought
                     nothing on the content of the
                     conversations except pure speculation. 
                     May I show the photo, please?
                         THE COURT:  What do you want 
           to show the court?
                         COURT OFFICER:  Sir?  Answer 
           the question.
                         MR. COUTSOUKIS:  I'm sorry, 
           Did you--I didn't hear you.
                         COURT OFFICER:  What is it 
           that you're seeking the court to look at?
                         MR. COUTSOUKIS:  This is the 
           photo of the police station in Ossining
                     where the visitation exchange takes
                     place.
                         MR. DOMICELLO:  Objection, 
           Your Honor.  Irrelevant.
                         THE COURT:  It's not relevant
           to this proceeding.  The court will not
                     view that photograph.
                         MR. COUTSOUKIS:  Okay.  Well,
           let me then mention that that police
                     station is--the reason I chose a police
                     station, it was the Peekskill station
                     which is child friendly, was for the
                     purposes of avoiding false accusations by
                     the petitioner.  The petitioner cannot
                     make false accusations in the presence of
                     police officers.
                         MR. DOMICELLO:  Objection, 
           Your Honor, to the characterization--
                         THE COURT:  Sustained.
                         MR. DOMICELLO:  ---accusation
           by fault. 
                         THE COURT:  Sustained. 
                         MR. COUTSOUKIS:  What is the 
           objection?
                         THE COURT:  I'm sorry, it's 
           sustained.
                         MR. COUTSOUKIS:  Okay.  I 
           have made it a point to tape record any
                     conversations with the petitioner and I
                     would like to show the contents of those
                     conversations which the petitioner said
                     were harassing and which I'm saying I'm
                     not.
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  On what ground? 
                         MR. DOMICELLO:  Mr.
           Coutsoukis--first of all, Mr. Coutsoukis
                     has not asked that these be entered into
                     evidence and he hasn't asked they be
                     marked into evidence, the tape
                     recordings.  I'll make my objection as
                     far as the tape recordings when that does
                     come though, if it does come.
                         MR. COUTSOUKIS:  I would like
           to introduce into evidence transcripts of
                     my conversations with Susan which are
                     taken from the tapes which are over
                     there.
                         MR. DOMICELLO:  Transcripts? 
           Absolutely not, Your Honor.  I object.
                         THE COURT:  The court will 
           sustain the objection as to transcripts.
                         MR. COUTSOUKIS:  Okay.  Can 
           I--can we play the tapes then?
                         THE COURT:  You have
           something to play the tape on?
                         MR. COUTSOUKIS:  I wasn't 
           allowed to bring a tape recorder--
                     downstairs security.
                         THE COURT:  The court does 
           not have a tape recorder.
                         MR. COUTSOUKIS:  Okay.  Can I
           ask for a continuance so that I can bring
                     a tape recorder to play the contents of
                     the tape?
                         MR. DOMICELLO:  I'm going to 
           object, Your Honor.  Mr. Coutsoukis had
                     every ample opportunity to present his
                     evidence today.  We're here in court and
                     if he has--if he doesn't have the
                     electronics or what have you to play his
                     tapes--and I'm going to object to the
                     tape being played anyway on evidential
                     grounds, but-- 
                         THE COURT:  Okay. 
                         MR. DOMICELLO:  I so object 
           on those grounds.  It's just that--it
                     seems like the opportunity--
                         MS. KOTLER:  Your Honor, I 
           think that if he had wanted to play the
                     tapes, he should have made arrangements. 
                     He had plenty of notice, and he didn't.
                         MR. COUTSOUKIS:  I brought 
           the tape recorder last time we were here. 
                     I was not allowed to bring it into the
                     court.  I was told--
                         THE COURT:  I think it-- 
                         MR. COUTSOUKIS:  I was told 
           by the security people downstairs that it
                     will not be allowed, and they held it
                     downstairs.
                         THE COURT:  All right. 
                         MR. COUTSOUKIS:  And that's 
           why I did not bring it.  I was told they
                     had their own tape recorder, the security
                     people. 
                         THE COURT:  The motion for a 
           continuance is denied.  The court will
                     conclude this hearing today.  And, even
                     if it were here, there is an objection on
                     evidentiary grounds and the court is
                     going to--
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  Sustain that 
           objection.
                         MR. COUTSOUKIS:  All right.  
           Then let's move on.  I would like to
                     point out that it is the burden of the
                     accuser to prove my guilt.  This accuser
                     has a taper recorder.  She has brought it
                     to the police.  She can record their
                     conversations.  She brought absolutely--
                     not only no contents of any
                     conversations, she only brought, "I don't
                     remember," "I think so," "Generally
                     speaking," some vague dates, and the
                     dates that Mr. Domicello brought from
                     this huge record of my telephone calls
                     which were phone calls from my home to
                     Susan, to the petitioner when our
                     daughter was in my house on vacation and
                     we tried to call her.  Regarding the
                     faxes, the fax that she brought in as
                     evidence which apparently--on the basis
                     of which she got a temporary Order of
                     Protection which does not mention faxes--
                         MR. DOMICELLO:  Your Honor, I
           object to what was presented--     
                         THE COURT:  Sustained.  Go 
           ahead.  What's the--
                         MR. DOMICELLO:  I have not 
           sent any faxes to the petitioner in many,
                     many, many, many months because the
                     petitioner said-- 
                         THE COURT:  Oh, I'm sorry.  
           Just a minute.  We're having a problem
                     with the tape.
                         COURT OFFICER:  We're running
           out of tape.
                         THE COURT:  Do you want to 
           stop it?
                         THE COURT:  All right.  We're
           going to take a brief recess.
                         COURT OFFICER:  Step out, 
           please.
                        (Off the Record)
                           *    *    *
                         THE COURT:  All right.  
           Proceed.
                         MR. COUTSOUKIS:  The
           petitioner last time made--  Are we on
                     record yet?
                         THE COURT:  Yes. 
                         MR. COUTSOUKIS:  Made a 
           statement regarding what I said about her
                     and the assistants, three adults holding
                     down my daughter while the dentist was
                     working, and I would like to show an
                     exhibit about that, please.
                         THE COURT:  Well, you can 
           respond to that.     
                         MR. COUTSOUKIS:  Well, I 
           would like to also bring--put this into
                     the record.
                         THE COURT:  What is that?
                         MR. COUTSOUKIS:  It's a 
           statement from the dentist which says
                     that two of the dentist's assistants and
                     Susan held Teddy while they were working
                     on her.
                         MR. DOMICELLO:  Your Honor, 
           I'm going to object.  It's irrelevant. 
                     That's not part of the petitioner's
                     petition, those allegations.  There's no
                     allegations in my client's petition that
                     anybody held her down.
                         MR. COUTSOUKIS:  Her
           testimony was that I stated it and I
                     would like to verify that it is a fact.
                         THE COURT:  Well, you can--
           you can respond to it, but--
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  That document 
           will not be admitted.
                         MR. COUTSOUKIS:  This is the 
           evidence that it is true.
                         THE COURT:  That document 
           will not be admitted into evidence.
                         MR. COUTSOUKIS:  This is an 
           official dentist's statement.
                         THE COURT:  It was not your 
           document.
                         MR. COUTSOUKIS:  It is not my
           document.
                         THE COURT:  It is the wrong--
           you are the wrong witness to have that--
                         MR. COUTSOUKIS:  I was not 
           allowed to let the petitioner see it.
                         THE COURT:  You--that is a 
           dentist's record.
                         MR. COUTSOUKIS:  Okay.  Here 
           is a fax from--that I received from the
                     petitioner that I would like to introduce
                     into evidence.
                         MR. DOMICELLO:  Objection, 
           Your Honor.  It's irrelevant.
                         THE COURT:  It's irrelevant 
           to this proceeding.
                         MR. COUTSOUKIS:  It states 
           that I should call at eight.
                         THE COURT:  It's not in 
           evidence and it's not relevant to this
                     case.
                         MR. COUTSOUKIS:  Okay.  I 
           would like to state for the record that I
                     received faxes during that period in June
                     and July from the petitioner asking me to
                     call her house and to which I responded
                     appropriately.  
                         THE COURT:  Okay.  Move on. 
                         MR. COUTSOUKIS:  I would like
           to introduce into evidence a description
                     of where the petitioner took our little
                     girl to have a genital and anal
                     examinations and photos-- 
                         MS. KOTLER:  Objection. 
                         THE COURT:  Sustained.
                         MR. COUTSOUKIS:  Claiming 
           harassment.
                         THE COURT:  Sustained.
                         MR. COUTSOUKIS:  Another 
           example of false accusations.
                         THE COURT:  The court will 
           not proceed along those lines.
                         MR. COUTSOUKIS:  Okay.  
           Regarding the often repeated statements
                     by the two court-appointed attorneys that
                     I should be psychologically evaluated,
                     the court should know that the petitioner
                     made a similar request in Oregon, as a
                     result of which the Oregon court ordered
                     both parties and the child of the family
                     evaluated by an expert.  And during that
                     evaluation the petitioner refused to
                     allow examination of her recent
                     psychiatric record and she--
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained. 
                         MR. COUTSOUKIS:  Okay.  The 
           outcome of the psychological evaluation
                     was that I am an extraordinary father.
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         MS. KOTLER:  Objection. 
                         THE COURT:  Sustained. 
                         MS. COUTSOUKIS:  There is no 
           basis for unilateral--a singular parent
                     being examined here when in fact I have
                     repeatedly introduced documentation to
                     the court showing that the petitioner has
                     a psychological problem--
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         MR. COUTSOUKIS:  That posed 
           a danger to my child.  And that I believe
                     that the petitioner in this action, as
                     well as numerous previous actions, is
                     trying to avoid any communication between
                     the parents.  Now, the Oregon court-- 
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         MS. KOTLER:  Objection.
                         THE COURT:  Sustained. 
                         MR. COUTSOUKIS:  Okay.  It 
           is typical and it is the responsibility
                     of the Family Court to see to it that
                     issues between parents are resolved
                     expediently--
                         MS. KOTLER:  Objection.
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained.
                         MR. COUTSOUKIS:  Okay.  I 
           would like to note that it is the
                     petitioner's effort here to avoid
                     communication--communication which is
                     necessary for resolving issues between
                     parents, and resolving issues between
                     parents expediently is in the interest of
                     a child.  And that-- 
                         MR. DOMICELLO:  Objection, 
           your Honor.
                         THE COURT:  Mr. Coutsoukis, 
           is there anything else that you want to
                     say--
                         MR. COUTSOUKIS:  And I would 
           like the record--
                         THE COURT:  In defense of 
           yourself--
                         MR. COUTSOUKIS:  Yes. 
                         THE COURT:  In reference to 
           the amended petition?
                         MR. COUTSOUKIS:  Yes. 
                         THE COURT:  If not, I will 
           bring this to a close right now.
                         MR. COUTSOUKIS:  Yes, I--yes,
           I do.
                         THE COURT:  Well, then, limit
           your remarks to that, please.
                         MR. COUTSOUKIS:  So, to 
           conclude that part, I would like to
                     recommend that the court order that the
                     two parties have supervised discussions
                     with appropriate mediation--an
                     appropriate mediator facilitator on a
                     regular basis so they can discuss about
                     the child other than (inaudible) for
                     doing exchange.
                         THE COURT:  Please direct 
           your remarks to what is in the amended
                     petition.
                         MR. COUTSOUKIS:  Yes. 
                         THE COURT:  For the last 
           time. 
                         MR. COUTSOUKIS:  Yes.  She's 
           talking about the police station.  The
                     police station--
                         THE COURT:  No.  You've 
           already addressed your remarks to the
                     police station.  Is there anything else
                     in the amended petition that you want to
                     comment on?
                         MR. COUTSOUKIS:  Yes, I'm 
           looking for it, Your Honor.
                         THE COURT:  Well, then do 
           that right now.
                         MR. COUTSOUKIS:  I'm looking 
           for it.
                         MR. DOMICELLO:  Your Honor, 
           once again Mr. Coutsoukis is looking
                     through notes.
                         MR. COUTSOUKIS:  No, I--
                         THE COURT:  Well, I think 
           he's looking through all his documents to
                     find the amended petition.
                         MR. DOMICELLO:  Which is 
           right there.
                         THE COURT:  All right. 
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  And that petition
           is not yours for your file, Mr.
                     Coutsoukis.       
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  It must be
           returned today.
                         MR. COUTSOUKIS:  I have a 
           copy of it, thank you.
                         THE COURT:  You have a copy?
                         MR. COUTSOUKIS:  The purpose 
           of this petition is to avoid
                     communication--
                         THE COURT:  No.  You
           already--you already said it.  Now,
                     address yourself to anything else that
                     you want to in the petition that you have
                     not already testified to.
                         MR. COUTSOUKIS:  This
           petition paints me as some--as the kind
                     of person that I'm not.  And the kind of
                     person that I am is somebody who has an
                     extraordinary career based on the kind of
                     job who's prime criteria is absolute
                     trust in one's personal integrity.  No
                     one--no one ever, ever in my entire
                     career, until Susan's divorce lawyer,
                     ever questioned my personal integrity. 
                     And today we have a lawyer who has
                     committed perjury and I have it on tape--
                         MR. DOMICELLO:  Objection, 
           Your Honor.
                         THE COURT:  Sustained.  Okay. 
           Mr. Coutsoukis, I'm not going to take any
                     more testimony.  I am through.  Any
                     cross-examination?
                         MR. DOMICELLO:  None, Your 
           Honor.  That's all.
                         THE COURT:  Any cross-
           examination?
                         MS. KOTLER:  No, Your Honor.
                         THE COURT:  Okay.  Thank you 
           for your testimony, Mr. Coutsoukis. 
                     Please hand up the amended petition.  All
                     right.  Mr. Coutsoukis, any other
                     witnesses that you want to call?  
                         MR. COUTSOUKIS:  I requested 
           documents from the YWCA and it were--they
                     were to be brought by the YWCA employees
                     who I understand is not here today.  I
                     would like you to permit me to bring that
                     with me--
                         THE COURT:  Okay.  That 
           opportunity will be denied.  Any
                     witnesses that you want to call?  All
                     right.  I'm going to take closing
                     statements at this time.  Mr. Domicello?
                         MR. DOMICELLO:  Your Honor, 
           my client has testified to every
                     allegation in her petition.  Mr.
                     Coutsoukis has cross-examined her--had an
                     opportunity to cross-examine my client
                     and has not refuted any of these
                     allegations.  My client has spent a lot
                     of time on the stand discussing the
                     harassing phone calls, faxes, harassment
                     of his daughter when--during the pick-up
                     and delivery of the daughter for
                     visitation.  My client entered into
                     evidence faxes with demeaning,
                     threatening and insulting comments
                     written in the margins by Mr. Coutsoukis,
                     and none of those faxes have been refuted
                     on cross-examination or during Mr.
                     Coutsoukis' direct examination.  You have
                     in the record records of Bell Atlantic. 
                     They have been entered into evidence. 
                     I'm going to speak to some of them now. 
                     Yes, you may be sure that Theodora was
                     with Mr. Coutsoukis during some of the
                     times when all these phone calls were
                     made--
                         MR. COUTSOUKIS:  All but-- 
                         MR. DOMICELLO:  During July, 
           but the records go way beyond July.
                         MR. COUTSOUKIS:  Excuse me, 
           Your Honor.  He's testifying.  He's
                     testifying.
                         THE COURT:  No. 
                         COURT OFFICER:  Sir?
                         THE COURT:  No, Mr.
           Coutsoukis, let him finish.  
                         MR. COUTSOUKIS:  He's
           testifying.
                         THE COURT:  You'll have a--
           you'll--Mr. Coutsoukis--
                         MR. COUTSOUKIS:  I wasn't
           (inaudible) anything.
                         THE COURT:  You'll--you will 
           have a chance to make a closing statement
                     as well.  
                         MR. DOMICELLO:  Theodora was 
           not in Mr. Coutsoukis' house on 7/20 when
                     there were ten calls.  He was--she was
                     not at his house on--
                         MR. COUTSOUKIS:  He's
           testifying, Your Honor.
                         COURT OFFICER:  Sir?
                         MR. DOMICELLO:  Your Honor, 
           may I be allowed to finish my closing
                     statement here?
                         THE COURT:  Please let him 
           finish.
                         MR. COUTSOUKIS:  He's
           testifying.  September he indicates that
                     (inaudible) her testimony.
                         THE COURT:  Would you listen 
           to me?  You let him finish, now. 
                         MR. DOMICELLO:  Those records
           are in--have been entered into evidence,
                     Your Honor.  On 7/27, Mr. Coutsoukis--
                     Theodora was not at Mr. Coutsoukis' house
                     when there were twelve calls made.  The
                     list goes on and on.  I'll let the court
                     review those records on their own. 
                     You've heard testimony, Your Honor, with
                     regard to Mr. Coutsoukis talking to his
                     daughter on the phone, his daughter
                     stating simply the letter B, something
                     she learned in school.  Mr. Coutsoukis
                     turned the letter B, a simply statement,
                     the letter B, into a harassing,
                     threatening, manipulating phrase of, Have
                     you been beaten? which would--which would
                     obviously annoy my client and hurt his
                     own daughter who doesn't need to hear
                     such things.  With intent to annoy,
                     belittle, harass my client, he, Mr.
                     Coutsoukis, checks his child's body
                     during pick-up and delivery, in public--
                     either in the police station or outside
                     the police station--for bruises and what
                     have you.  And then if he finds a bruise,
                     whatever, on the child's body, belittles,
                     intimidates and threatens my client.  Mr.
                     Coutsoukis has intended to annoy and
                     alarm my client by repeatedly saying over
                     and over that my client is responsible
                     for what happened to--for the state that
                     his daughter is in and that she has
                     murdered her.  And in this court he
                     stated a number of times, Should she be
                     allowed to get away with murder?  He
                     admitted he's saying--he said those
                     things by implication.
                         MR. COUTSOUKIS:  I'm being 
           misquoted, Your Honor.  Please strike the
                     statement.  He's misquoting--
                         THE COURT:  Let him talk.  
           The record will speak for itself.  All
                     right.  Anything else?
                         MR. DOMICELLO:  One moment, 
           please, Your Honor.  My (inaudible) infer
                     from the testimony of my client, and
                     actually from the testimony of Mr.
                     Coutsoukis himself, that he has committed
                     these acts which are the basis of--
                         MR. COUTSOUKIS:  I object to 
           the misstatement.
                         MR. DOMICELLO:  The basis 
           of my client's petition, and I'm
                     requesting that an Order of Protection be
                     issued in her favor.  I'll defer to Ms.
                     Kotler with regard to the request for the
                     psychological evaluation.  That is her
                     petition--her motion.  I will defer to
                     her to speak on this.  I will be joining
                     in that application.  I have nothing
                     further, Your Honor. 
                         THE COURT:  Okay.  Mr.
           Coutsoukis, your turn.
                         MR. COUTSOUKIS:  Okay.  First
           of all, again, I'm not the person that
                     has been described here,
                     mischaracterized.  I am an honorable,
                     model citizen and the kind of father that
                     most children would wish for.  I gave up
                     a career, a brilliant career to watch my
                     child at home and then was harassed,
                     berated, thrown out by the petitioner to
                     go to work even though she was already
                     bringing 70,000 a year.
                         MR. DOMICELLO:  Objection, 
           Your Honor.  His closing statement is not
                     part of the-- 
                         THE COURT:  That's--there's 
           no--
                         MR. COUTSOUKIS:  And--
                         THE COURT:  There's no
           testimony about this, Mr. Coutsoukis. 
                     I'm going to--
                         MR. COUTSOUKIS:  Then I-- 
                         THE COURT:  I'm going to 
           strike that.  I'm going to strike--
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  And please do not
           continually ignore my rulings.  Do not
                     make comments like that that are not in
                     the record.  Just don't do it.
                         MR. COUTSOUKIS:  I have won 
           award accommodations from the department
                     of--the police department in New York--
                         THE COURT:  No, now you're 
           doing it right now.
                         MR. COUTSOUKIS:  The
           Department of Commerce.
                         THE COURT:  Mr. Coutsoukis, 
           that is the end.  Let me hear from the
                     law guardian.
                         MR. COUTSOUKIS:  I-- 
                         THE COURT:  No.  No more.
                         MR. COUTSOUKIS:  Okay. 
                         THE COURT:  No.  You're 
           ignoring my--
                         COURT OFFICER:  Sir? 
                         THE COURT:  My rulings.
                         MS. KOTLER:  Your Honor, I 
           listened carefully to all the testimony
                     that I believe--
                         MR. COUTSOUKIS:  I object to 
           the law guardian.  She has no basis for
                     existence in this room.  Their only
                     purpose here is-- 
                         THE COURT:  Mr. Coutsoukis, 
           enough.  Continue. 
                         MS. KOTLER:  I believe that 
           the petitioner has made a prima facie
                     case.  I am profoundly disturbed by some
                     of the allegations that have been made
                     and I have been disturbed to the point
                     where I have filed a motion requesting a
                     psychological evaluation and I renew my
                     request for that evaluation now.  I
                     believe everyone has a copy of my motion. 
                     I'm not going to go through it paragraph
                     by paragraph and waste the court's time,
                     unless the court would like me to do
                     that.
                         THE COURT:  No. 
                         MS. KOTLER:  I think everyone
           has seen it.  The court has heard the
                     testimony and can certainly judge it for
                     herself, but I am not a psychiatrist.  No
                     one here is a psychiatrist, and I am
                     concerned that this child is going to
                     suffer damage and may need supervised
                     visitation. 
                         MR. COUTSOUKIS:  I object.  
           This child is under the petitioner's care
                     almost all the time--
                         COURT OFFICER:  Sir?
                         MR. COUTSOUKIS:  And she has 
           almost died twice.
                         THE COURT:  No more, Mr. 
           Coutsoukis.  No more.  And I am
                     concluding these proceedings.  Decision
                     is reserved.  You will get a copy of my
                     decision in the mail, and you are to obey
                     that decision.  That concludes today's
                     proceeding.
                         COURT OFFICER:  Please step 
           out.  Thank you.
                         MR. DOMICELLO:  Your Honor, 
           can I--may I request--
                         COURT OFFICER:  Everybody 
           step out.
                         MR. DOMICELLO:  Your Honor, 
           if I may?                   
                         THE COURT:  Wait outside for 
           the extended temporary order.
                         MR. DOMICELLO:  Your Honor, I
           would just like to join in Ms. Kotler's
                     application and request in addition 
           that--
                         MR. COUTSOUKIS:  Excuse me.  
           He's out of order.
                         THE COURT:  Well, I'll make 
           that determination. 
                         MR. DOMICELLO:  And request 
           that Mr. Coutsoukis be placed on the
                     Supervision Department of Probation to--
                         MR. COUTSOUKIS:  I object to 
           that.  Your Honor--
                         THE COURT:  So noted.
                         MR. COUTSOUKIS:  This is 
           called--
                         THE COURT:  That's the end.
                         COURT OFFICER:  Step out, 
           please.
                         THE COURT:  That's the end. 
                         MR. COUTSOUKIS:  Persecution 
           of fathers.
                         THE COURT:  That's the end.
                         COURT OFFICER:  Thank you, 
           folks.  Everyone step out, please.  Have
                     a nice evening.
                         MS. KOTLER:  Thank you.
                         THE COURT:  Okay.  Thank you.
                      (End of Proceedings)
                           *    *    *
          
          
          
          
          
          
          
          
          
          
          
          
          
          
          
          
          
           
           STATE OF NEW YORK )
           COUNTY OF ROCKLAND)  ss:                  
                  
                  I, Jeanette Carelli, certify that 
           the foregoing transcript of the
                     proceedings in the Family Court of Samora
                     vs. Coutsoukis, Docket No. 0-972-98, was
                     prepared to the best of my ability, using
                     four-track electronic transcription
                     equipment, and is a true and accurate
                     record of the proceedings.           
          
                         ________________________
                         Jeanette Carelli
                         Sandy Saunders Reporting
                         2 New Hempstead Road 
                         New City, New York  10956
          
           Dated:  April 13, 1999