Dr. Richard Wolman (Boston), Takes the Stand.

Shaman: Doctor Richard Wolman (Boston), Takes the Stand



 

 

 

 

The following are excerpts from testimony given by Doctor Mephisto (aka Boston’s Doctor Wolman), the court appointed guardian ad litem (GAL), on the trial date of July 27th 2011.  Some minor editing has been done for sake of readability and brevity.  Again, to protect the collaterals in this case, I have omitted names.

 

The following testimony speaks for itself, and the credibility of the GAL and the Probate Industrial complex.  The fact that Doctor Wolman report and testimony was critical to this trial is simply amazing, and speaks directly to the veracity and credibility of the judge, his appointee, and the judge’s decision.

 

My attorney did outstanding work on this date, as the readers shall soon see.

 

July 27, 2011

 

Counsel for Father (CF)

 

Doctor Mephisto/GAL (DM)

 

Court Clerk:  Do you swear to tell the truth, whole truth, so help you God?

 

DM: I do.

 

CF:  In your work as a GAL did you believe it was important to consider the wishes of

Chris?

 

DM:  Yes.

 

CF:  Within your report there’s no suggestion or recommendation that father’s time with

Chris be limited from that which he has now?

 

DM:  Correct.

 

CF:  And there’s no suggestion in your report that Father participate in any anger management classes is there?

 

DM:  Anger management classes?  That’s not in there.  No.

 

 

CF:  And at any time in your investigation did you refer Father out for psychological evaluation?

 

DM:  No.

 

CF:  Did you talk to the child therapist in his work with Chris?

 

DM:  Yes.

 

CF:  And Chris referred you to Doctor Nevin

 

DM:  Yes.

 

CF:  And in your report you specifically identify the child’s therapist as a valuable resource?

 

DM:  Yes.

 

CF:  Do you see the child therapist as a key person in this little boy’s life?  Your report indicates that the therapist is a safe place to express, explore and resolve the intensely painful emotional conflicts with which he is dealing?

 

DM:  Yes.

 

CF:  And you recommend that Chris continue to see the child therapist

 

DM:  Yes.

 

CF:  Do you see the child therapist as a key person in this little boy’s life at this point?

 

DM:  Yes.

 

CF:  Yet in your report you indicate your only contact with the child therapist was a telephone call on May 16th, 2011 for a quarter of an hour?

DM:  Yes.

 

CF:  And there’s only one mention of the child therapist in your report?

 

DM:  Right.

 

CF:  And the only information the child therapist gave you was Chris told him (therapist) about Chris’ mother being mean?

 

DM:  Yes.

 

CF:   Did you talk to the child therapist after your initial fifteen minute phone call?

 

DM:  Umm.. Yes.

 

CF:  But that’s not mentioned anywhere in your GAL report … is it?

 

DM:  Correct.

 

CF:  Didn’t you think in the scope of your work that it would be really important to spend some significant time with Chris’ therapist, as the only mental health person in Chris’ life?

 

DM:  Uhhh…. I spend the time that I thought was required.

 

CF:  Do you know if the child therapist ever contacted DCF, hospital admission, invoked emergency sessions?

 

DM:  I do not.

 

CF:  And do you know how often Chris sees him now?

 

DM:  Now, I think he sees him every week.

 

CF:  In addition to the child therapist you spoke to a Doctor Bonnell (Jane’s aunt)?

 

DM:  Yes.

 

CF:  And you indicate in your report that you talked to her for about one hour?

 

DM:  Yes.

 

CF:  And what is her reported degree… is she a PhD?

 

DM:  She is a PhD. in psychology.

 

CF:  And what is her relationship to Jane.

 

DM:  She’s her aunt.

 

CF:  And Doctor Bonnell never treated Father, did she?

 

DM:  Not that I am aware of.

 

CF:  And she’s never treated Chris?

 

DM:  Not that I am aware of.

 

CF:  Did you know when you were talking to Doctor Bonnell that her last personal contact with the father was over ten years ago?

 

DM:  Ummmm.  I knew it had been some time.  I didn’t know the exact number.

 

CF:  Do you understand all the information Doctor Bonnell had she gleaned from Jane and her family?

 

DM:  I understood a lot of it was.  Yes.

 

CF:  And did you feel that Doctor  Bonnell’s role – such as it was – warranted four times the amount of time you spent with the child’s therapist?

 

DM:  Yes.

 

CF:  And it’s fair to say that Doctor  Bonnell in no way has a professional capacity to comment on father’s mental health?

 

DM:  Ummm.  Doctor  Bonnell can comment on anyone’s mental health, if she wants to.

 

CF:  She’s never treated the father?

 

DM:  She’s never treated him.

 

CF:  And she’s never seen him in over ten years.

 

DM:  I don’t know?

 

CF:  But despite all that you thought it was important to indicate what her findings were in your report?

 

DM:  I’m not sure what you mean by findings.  She had an opinion.  She’s a collateral.  She’s one of the collaterals I spoke with.  Yes.

 

CF:  And did you speak to a Jim Hale?  And your report indicates that you spent 90 minutes with Jim Hale at your office.

 

DM:  Yes.

 

CF:  What is Jim Hale’s role in Chris’ life?

 

DM:  He was the cub scout master.  Spent a lot of time with Chris and other children at cub scout meetings.

 

CF:   Do you know how many cub masters Chris has had, or how often he meets with them?

 

DM:  I assume once a week but don’t know specifically.

 

CF:  Do you know how much one on one time Jim Hale spent with Chris, assuming ten children in the troop?

 

DM:  One on one time?  No.

 

CF:  And within your report you state that Jim Hale, cub scout master, found Chris to be very intelligent and does well in school.  Did you provide Mr. Malloy with any of the father’s reports or report cards?

 

DM:  No.

 

CF:   Do you know if Ms. Faust did?

 

DM:  No.

 

CF:  In your report you state that Jim Hale says Chris has a quote – good disposition – end quote?

 

DM:  Yes.

 

CF:  Umm.  Did he indicate to you any sense of sadness in Chris?

 

DM:  If he did, I don’t recall reporting on it.

 

CF:  Okay.  And how about any signs of stress in Chris?

 

DM:  I don’t recall reporting on that.

 

CF:  And do you recall talking to Jim Hale where another parent at Scouts was behaving roughly with his son in front of father?

 

DM:  Yes.

 

CF:  Mr. Malloy shared with you that he had not seen that incident directly, did he?

 

DM:  Yes.

 

CF:  And did you ask Jim Hale about any safety measures he would take with his troop?

 

DM:   Ummm.  No.

 

CF:   And has Jim Hale ever had to invoke any safety measure concerning the father?

 

DM:  Not that he told me.

 

CF:  And did he share with you that he ever had to ask father to leave a scouting event?

 

DM:  No.

 

CF:  And did Jim Hale ever share with you there was a second incident with the troop…

where father saw one of the parent’s being physical with his son?  At a basketball game?

 

DM:  Yes.

 

CF:  And at the event Jim Hale did not personally observe it?

 

DM:  No.

 

CF:  He was just sharing with you what he had heard from other people?

 

DM:  No.  No that’s wrong.

 

CF:  That’s wrong?

 

DM:  Yes. That’s wrong.

 

CF:   You make mention in your report about your concern over the list of collaterals provided by father versus the number of collaterals Jane offered?  Is that correct?

 

DM:  Correct.

 

CF:  And you indicate in your report that you spoke to many of the collaterals that were provided by Jane?

 

DM:  Yes.

 

CF:  So one of those collaterals was Mrs. M, a co-worker of Jane’s.  You spoke to her for thirty minutes, but there’s absolutely nothing in your report about what she told you?

 

DM:  Like I said, I don’t have my report in front of me.

 

CF:   We can give you a copy.

 

DM:  Sure.

(Report provided to DM)

 

CF:  Getting back to the report, you spoke to Mrs. M for approximately 30 minutes.

DM:  Yes.

 

CF:  And there’s nothing in that report about the substance of that conversation is there?

 

DM:  Ummm.  I think that’s right.

 

CF:  Yes also talked to the assistant superintendant of schools?

 

DM: Um-hum.  Yes.

 

CF:  And you talked to the assistant superintendent of schools for about 30 minutes?

 

DM:  Yes.

 

CF:  Again, there’s nothing in the report concerning the substance of this conversation with the school superintendent?

 

DM:  Right.

 

CF:  You next talked with KP, a college friend of Ms. Jane?

 

DM:  Okay.

 

CF:  You talked to her for about 30 minutes?

 

DM:  Yes.

 

CF:  Is there anything in the report about the substance of that conversation?

 

DM:  No.

 

CF:   And you spoke to Mrs. Jane brother…  K?  For about 30 minutes?

 

DM:  Yes.

 

CF:  Is there anything in the report about the substance of that conversation?

 

DM:  No.

 

CF:  And you spoke to Chris’ 4th grade teacher, Mrs. ZZ, as well?  For about 30 minutes?

 

DM:  Yes.

 

CF:  Again, there is nothing within this report about the substance of that conversation?

 

DM:   Right.

 

CF:  You found it significant to note within your report that father’s only collateral’s were family members?  Correct?

 

DM:  Correct.

 

CF:   And yet, of all the collaterals provided to you by Jane, not one of the collaterals gave you information that was relevant or important enough to cause you to place that information within your report?

 

DM:  Ummmm……….. I wouldn’t agree with that.   No.

 

CF:  But you specifically say that father’s list of collaterals creates a “deleterious” impact upon Chris?

 

DM:  Yes.

 

CF:  Did you talk with father at all about him being an introvert?

 

DM:  I wouldn’t use that word.  No.

 

CF:  Did he use that word?

 

DM:  I don’t recall.

 

CF:  Did he talk to you at all about having friends at work?

 

DM:  Yes.

 

CF:   Did he talk to you about having a prior relationship with a woman that had ended several years ago?

 

DM:  Yes.

 

CF:  Did you think it was concerning that father has not remarried, while Jane had?

 

DM:  In and of itself, no.

 

CF:  And in fact you praise father for being able to devote himself entirely to Chris when he is in father’s care… didn’t you?

 

DM:  Yes.

 

CF:  Let’s shift gears and talk about Miss Jane’s home.  Did you request drug testing for her new husband?

 

DM:  No.

 

CF:  Did you request drug testing for anyone involved in this case?

 

DM: No.

 

CF:  How long were you in the presence of Chris, his mother and his step father, during your home visit?

 

DM:  I would say a half hour to forty-five minutes.

 

CF:  Did you observe Chris with his stepbrother at all?  Are you aware that there are concerns about his stepbrother’s involvement with Chris?

 

DM:  Yes.

 

CF:  And who provided you with information about the concerns surrounding the stepbrother’s involvement.

 

DM:  Ummm… the mother, the father and the stepfather.

 

CF:  And did you at anytime request for verification that step brother wasn’t living at home with Chris?

 

DM:  Yes.

 

CF:   Did you know that the stepbrother has been there on a full time basis in the recent past?

 

DM:  I knew that he had lived there some.  Yes.

 

CF:  Were you aware that there were difficulties with Chris and his stepbrother sharing a bedroom?

 

DM:  Yes.

 

CF:  Did you include any of that in your report?

 

DM:  I believe I did.  I believe I referenced the stepbrother.

 

CF:  Were you aware that the stepbrother punched holes in the wall at the house, and that

those holes were upsetting to Chris?

 

DM:  Yes.

 

CF:  Did you ask Chris to point them out during the home visit?

 

DM:  Yes.

 

CF:  Did he show them to you?

 

DM:  Yes.

 

CF:  Does it say anything in your report about that?

 

DM:  Specifically, no.

 

CF:  Did you ask him about the holes in the wall.

 

DM:  I didn’t ask him about it.  No.  He told me about it.

 

CF:  What did he say?

 

DM:  There were holes in the wall.  His stepbrother punched a hole in the wall.

 

CF:  Did you talk to Chris at all about his stepbrother’s alleged substance abuse?

 

DM:  Chris mentioned it to me.  Yes.

 

CF:  What did he say?

 

DM:  That his stepbrother had made bad choices and that some drugs were involved.  He

didn’t have any specifics.

 

CF:   Does it say any of that in your report.

 

DM:  No.

 

CF:  Did you talk with Chris at all about his brother’s participation in drug testing within the home?

 

DM:  No.

 

CF:  Did father provide you with information about the stepbrothers drug testing.

 

DM:  No, not that I am aware of.

 

CF:  Did you read Father’s pre-trail memo he filed with this case?

 

DM:  Yes.

 

CF:  Did you rely upon that and use it shape your investigation.

 

DM:  I’m sure I did.

 

CF:  So you overlook the fact that Chris’ stepbrother was undergoing drug testing?

 

DM:  I may have.  Yes.

 

CF:  And were you aware that Chris’ step brother was sleeping in Chris’ room naked?

 

DM:  No.

 

CF:  Did you ever talk to Chris about that?

 

DM:  No.

 

CF:  So that doesn’t show up in your report at all?

 

DM:  Stepbrother wasn’t living there, when I was involved.   And he hadn’t been living there for some time.

 

CF:  But he was spending time at that residence.

 

DM:  Sometime.  Yes.

 

CF:  Did you talk to Chris at all about his pets?

 

DM:  Yes.

 

CF:  Did you talk to him about the bunny?

 

DM:  I don’t know if brothers or sisters?  About the dog?

 

CF:  Are you aware that there were significant concerns about the care of the bunny on the part of Ms. Faust?

 

DM:   Ummm.   I think so.  My memory is vague on that.

 

CF:  So that was an area that you did not feel you needed to explore.

 

DM:  Bunnies?  No.

 

CF:  Um.. what did Chris tell you about the bunny?

 

DM:  I actually don’t remember.

 

CF:  And did you talk to father at all about the bunny?

 

DM:  No.

 

CF:  Did you talk about the bunny issue with Ms. Jane?

 

DM:  No… I don’t think the bunny issue made it onto my radar screen.

 

CF:  What about the dog?

 

DM:  Yes.

 

CF:  What did Chris tell you?  Did Chris identify that a dog was living in his mother’s house?

 

DM:  Yes.

 

CF:  Did he share with you anything unusual about the dog?

 

DM:  Yes.

 

CF:  What did he say?

 

DM:  He said that his mother was very mean to the dog.

 

CF:  Did he seem upset by that?

 

DM:  Yeah, I would say he was upset.  He said if the dog made a mess… he mother would take the dog over to the mess, and rub the dog’s nose into the mess.   And then spank it, and send the dog out.

 

CF:  And did Chris share all that with you?

 

DM:  He did.

 

CF:  Did you share this issue with Ms. Jane?

 

DM:  I did.

 

CF:  Did she admit to that?

 

DM:  She admitted she disciplined the dog if she made a mess.  She also said she did not rub the dog’s nose in the mess.  Her technique for discipline is to rub the dog’s nose near the mess, and then scold it.  I think I included it in the report to, it would be very messy, to say the least, to rub a dog’s face it its own mess.  So she would never do that.

 

CF:  Was it your opinion that Chris was lying about his mother care for and disciplining the dog?

 

DM:  Ummm… I don’t use the word “lying.”

 

CF:  Misrepresented?

 

DM:  Yes.

 

CF:   What makes you think Chris misrepresented?

 

DM:  Because, uh… it sounded improbable.

 

 

CF:  It sounded improbable?

 

DM:  Yes.  That someone would actually rub there dog’s face in their own feces and then

send them out. And when Mrs. Jane told me how she did discipline the dog it sounded much more plausible and realistic.

 

CF:  Mrs. Jane is involved in a custody dispute with her former husband correct?

 

DM:  Yes.

 

CF:  So would it surprise you that she would not admit to something like that if you’re a person making findings and recommendations concerning her parenting

 

DM:  Ummm… would it surprise me?  Please.  Say that again.  Sorry.

 

CF:  Sure.  Would it surprising for her to want to present herself in the best possible light to you, as someone who is reporting findings and recommendations about her parenting?

 

DM:  No.  It would never surprise me that parents would want to put them selves in a positive light, but in this case, the specific situation fits more into my analysis of what is probable and what isn’t probable.  I found her to be more credible.

 

CF:  More credible than Chris?

 

DM:  Yes.

 

CF:  Were you aware of any financial strains concerning Mrs. Jane and her current husband?

 

DM:  No.  GAL’s don’t focus on finances.

 

CF:  In his pretrial memo father indicated that Chris was feeling strain because of arguments in the mother’s home.  Did you talk with Chris about any arguments in his mother’s home?

 

DM:  No.

 

CF:  Did you talk to him about that?

 

DM:  No Chris was very reticent to talk to me when I visited him at his mother’s home.

 

CF:  How about when you met with Chris at your office did you talk with him about it there?

 

DM:  No.  I don’t think he share with me much that was personal in my office.

 

CF:  Wouldn’t it be relevant to know whether or not Chris was upset or not upset about events in his mother’s home?

 

DM:  Of course.

 

CF:  In his pretrial memo, did you know father had concerns about Chris’ hygiene?

 

DM:  Yes, I believe he did.

 

CF:  And did you talk with Chris about that in anyway?

 

DM:  No.

 

CF:  Did you ask Jane about that?

 

DM:  Specifically about his hygiene?  No.

 

CF:  Did you ask his teachers about it?

 

DM:  No.

 

CF:   Did you ask the doctors about it?

 

DM:  When I spoke to the doctors they said Chris was doing just fine.

 

CF:  Did you specifically ask them about hygiene? 

 

DM:  No.

 

CF:  Do you know where Chris attends school Doctor Mephisto?

 

DM:  I do but I don’t have it front of me.  It’s in township.

 

CF:  And do you know what time his school day starts?

 

DM:  Ummm…. I believe it starts….. 8:30 to 9:00 something like that.

 

CF:  Do you know what time he goes to school?

 

DM:   My understanding he goes early because his mother is also a teacher in the same school system but at a different school.  And she drops him off early because she has to go

to her school which starts earlier than his school.

 

CF:  When you say “early,” do you mean 90 minutes to two hours before the start of the school day?

 

DM:  Um… my understanding was it was an hour to an hour and a half, something like that.

 

CF:  Did you ever talk to Chris about going to before school care?

 

DM:  Not specifically.

 

CF:  Did he share with you any feelings about not wanting to be there?

 

DM:  Not specifically.  He might have said something about getting up early, but not specifically no.

 

CF:   Were you aware that this was a big concern for father?

 

DM:  Yes.

 

CF:   Despite that being a concern for father you didn’t follow up?

 

DM:  I didn’t question him specifically on it.

 

CF:  Do you know what time Chris gets home from school, Doctor Mephisto?

 

DM:  I think it’s around 3:30, when he shows up.

 

CF:  Are you aware of any incidents where he was locked out of his mother’s house in the last year?

 

DM:  Yes.  His mother told me about one incident in which I think her sister was covering for her; and there was a mix up in communication according to what she told me.  And so when he got home the covering person wasn’t available and so mother was contacted and she told me she came home directly from school to rectify the situation.

 

CF:  Did you talk to Chris about that particular incident?

 

DM:  I think he might have mentioned it.

 

CF:  Did you include what he told you in your report?

 

DM:  Ummm.   No.

 

CF:  Were you aware that there were at least two other incidents where the same thing happened to Chris?

 

DM:  I don’t know about other incidences… that’s the one I was told about.

 

CF:  And as part of your report Doctor Mephisto you indicate you reviewed an affidavit that Mrs. Jane filed in October 2010.  Do you recall that?

 

DM:  Yes.

 

CF:  And at that time she was looking to get supervised time between father and son?

 

DM:  I believe that’s right.

 

CF:  Are you aware of any order of this court that allows Jane to listen in on phone calls, between Chris and his father?

 

DM:  No.

 

CF:  Did you talk to her about listening in on a phone call without court permission?

 

DM:  Without court permission?  No.

 

CF:  Did you talk to father about the allegations made against him by mother for this alleged phone call?

 

DM:  I believe I did.

 

CF:  He denied making all those statements didn’t he?

 

DM:  I believe he did.

 

CF:  Did you talk to Chris about that alleged phone call?

 

DM:  No.

 

CF:  So you don’t know if Chris story regarding that alleged phone call mirrors that of his father or mother?

Jane’s attorney:  Objection.

Judge:  Sustained.

 

CF:  In terms of Chris overall physical health, did father share photos with you during the course of your investigation?

 

DM:  Yes.

 

CF:  What were those photos of, Doctor Mephisto?

 

DM:  As I recall, they were photos of Chris’ hands.

 

CF:  What did you learn about Chris’ hands?

 

DM:  I think they were pictures where his hands look sore.  Kind of reddish in the picture.

 

CF:  Do these pictures look familiar to you?

 

DM:  Yes.

 

CF:  Are these the photos father gave to you as a part of your investigation?

(Introduces photos of Chris’ raw and bleeding hands)

 

DM:  I believe so.  Yes.

 

CF:   At anytime you met with Chris did you notice his hands looking like that?

 

DM:  No.

 

CF:   Did you investigate Chris’ medical reports as part of your investigation?

 

DM:  Yes.

 

CF:  And did you reference any of those reports specifically in your report?

 

DM:  No, I referenced my conversation with his pediatrician.

 

CF:  And did you notice that no care or treatment was sought for Chris’ hand condition over the last several years?

 

DM:  I don’t remember seeing any.  No.

 

CF:  Did you talk to Ms. Faust about Chris’ hands?

 

DM:  No.

 

CF:  Did you talk to Mr. Father about Chris’ hands.

 

DM:  Ummm.   Not specifically.  He told me that his hands were as you see in the pictures.  Red and rough, and he was concerned about it.

 

CF:  Did he say specifically what his concerns were about it?

 

DM:  He might have.  I don’t remember.

 

CF:   And that was not in your report either?

 

DM:  Right.

 

CF:  Were you concerned about father’s concerns about Chris’ weight?

 

DM:  Yes.

 

CF:  In the medical reports did you glean that Chris has lost a total of 10 pounds between September 2009 and January 2010?

 

Jane’s attorney objects.

 

Judge:  Over-ruled.

 

DM:  Yes, there was a conversation about a ten pound weight loss.  There was a swing of weight over that time.

CF:  And the doctor who first highlighted Chris’ weight loss was not Chris’ primary care pediatrician was it?

 

DM:  Actually, Chris’s primary care physician noted it, but didn’t include … garbled…  I think one of the pediatricians who was covering for him, when he was away…. Ummm….. Noted it in her records.  I think. 

 

CF:  And that’s Doctor Y?

 

DM:  Yes.

 

CF:  And in fact Doctor Y met with Chris when she brought him in for a cough in January 2010?

 

DM:  I believe that is correct, yes.

 

CF:  And in fact it was Chris who reported – and not Mrs. Jane – who reported that he was feeling dizzy and that he had fainted, didn’t he?

 

DM:  I believe that is right.  I don’t have the report in front of me.

 

CF:  But you did look at the medical report when you interviewed these witnesses and prepared your report?

 

DM:  Yes.

 

CF:   And you had access to all those medical records.

 

DM:  Yes.

 

CF:  But nowhere in your report does it say that Chris was the one who made the disclosure?  Does it?

 

DM:  No.

 

CF:  In fact Doctor Y highlighted the weight loss on her reports didn’t she, Doctor

Mephisto?

 

DM:  I don’t believe she highlighted it.  I think she may have mentioned it.  Uh… saw nothing adverse about it, but it was in there.

 

CF:  She saw nothing adverse about it, but are you aware that she ordered an immediate

EKG for Chris in her office that day?

 

DM:  No.

 

CF:  Are you aware that she pulled up records from a prior EKG that had been ordered for Chris, because of the same exact incident the year before?

DM:  I don’t believe I saw any EKG reports.

 

CF:  And are you aware that she referred Chris back to her primary care physician, Doctor X, for follow up?

 

DM:  I’m sure she did.

 

CF:  And if your report, Doctor Mephisto, you shared that you talked to Doctor Y about Chris’ care… didn’t you?

 

DM:  No.

 

CF:   On page 13 you state, I also spoke briefly to Doctor Y, a pediatrician who covered for Doctor X on one of Chris’ visits.

 

DM:  Right.

 

CF:  And that she had only talked to Chris once, and that I should consult with his regular care physician for more information….

 

DM:  Right.   Doctor Y would not talk to me.

 

DM:  And you think Doctor Y wouldn’t talk to you because there was a complaint against her pending with the Massachusetts Board of Medicine?

 

Jane’s attorney:  Objection

 

Judge:  Overruled.

 

CF:  Did Doctor Y indicate she would not talk to you due to the pending investigation?

 

DM:  No.

 

CF:  And yet you didn’t pursue any additional information from her, even though she was the first one saw Chris in January 2010 and identified the ten pound weight loss.

 

DM:  I told you she wouldn’t talk to me.  I got a letter from her lawyer instead.

 

CF:  Did you reference the letter from her lawyer in your report at all.

 

DM:  No.

 

CF:  Do you find it concerning that she wouldn’t talk to you?

 

DM:  Concerning?  What do you mean?

 

CF:  How often in your work as a GAL have you had a child’s pediatrician refuse to talk to you about her patient?

DM:  Um, in this case… she was not the primary pediatrician for Chris.  So it didn’t surprise me that she wanted me referred to his primary pediatrician, which she did.

 

CF:  And did you also speak with his primary pediatrician Doctor X?

 

DM:  Yes, I did.

 

CF:  And did you have an opportunity to review Doctor X’s response to the Board of Medicine?

 

DM:  Ummm.  No.

 

CF:  Did it seem likely to you that Doctor Y would admit to any inappropriate or inadequate care of Chris?

 

Jane’s attorney:  Objection

 

Judge:  Overruled

 

DM:  I don’t understand the question.

 

CF:  Well your involved in a case where you’re looking at parenting of Chris, and your looking into care by both parents…. when you talk to Doctor Y, you had already received a copy of the information from the Board of Medicine that she was under investigation. 

Didn’t you?

 

DM:  I don’t know she didn’t tell me what she had or didn’t have.

 

CF:  But if you look at the time line of the records received in the context of your investigation, it shows that the letters were received well before your conversation.

 

DM:  That may well be.  All that I know is Doctor Y didn’t want to talk to me.

 

CF:  Would you find it surprising that she wouldn’t tell you that she had made a mistake?  And that she had behaved inappropriately?

 

Jane’s attorney:  Objection

 

Judge:  Sustained

 

CF:  Thank you judge.

 

CF:  Moving on to Doctor X… did you speak to Doctor X as part of your work?  And you indicate in your report that Doctor X said, “Both the mother and the father take good care of Chris, physically.”  Isn’t that true?

 

DM:  Yes.

 

CF:  And then Doctor X remarks Chris may have had something in his pockets?

 

DM:  Doctor X also said “I am also concerned about the emotional effects upon Chris of the fathers continuing litigation.  The dad is….”

 

CF:  Move to strike as non-responsive….

 

Judge:  You have to answer the question as poised.

 

CF:  So Doctor X indicated to you that maybe Chris has something in his pockets, which elevated his weight back in September 2009?

 

DM:  He said that he had made an offhanded remark to that effect.  Yes.

 

CF:  But then if you look at the letter Doctor X provided to the Board of Medicine…  he says exactly the opposite doesn’t he?

 

DM:  I don’t have that in front of me.  I don’t know.

 

CF:  Well he indicates that I don’t recall making a statement as alleged by father that Chris had rocks in his pockets…. Did you review the letter (Doctor X letter to the Board of Medicine) that you referenced in your report?

 

DM:  No.

 

CF:   No? 

 

CF:   And were you aware or did you ask Doctor X if he was aware of any fainting spells?  For Chris?

 

DM:  Umm. No.  I asked him about Chris’ general health, and he told me.  That it was good.

 

CF:  And he also said both parents took good care of him?

 

DM:  That’s what he said.

 

CF:  And as far as you know did Doctor X ever file a case, as a mandated reporter, involving Chris?

 

DM:  I don’t know that he did.  No.

 

CF:  How about Doctor Y?  Do you know if she did?

 

DM:  I don’t know that she did.  No.

 

CF:  Did you ever have a conversation with Chris about fainting spells?

 

DM:  No.

CF:  Did you ever talk to him about his dizziness?

 

DM:  No specifically.

 

CF:  When you say “not specifically,” did you talk to him about something related to his dizziness?

 

DM:  Said sometime he got hungry.  But didn’t use the word “dizzy.”

 

CF:  Did Chris share with you that on the days he fainted the events related to his fainting?

 

DM:  No.

 

CF:  Do you know where he fainted?

 

DM:  No.

 

CF:  Did father ever tell you where he fainted?

 

DM:  He might have, but I don’t remember.

 

CF:  Lets shift gears, Doctor Mephisto…. To Chris’s educational situation… do you think that Chris academic performance is relevant to his overall wellbeing?

 

DM:  Yes.

 

CF:  Did you have an opportunity to review his academic reports?

 

DM:  Yes.

 

CF:  What period of time were you provided reports?

 

DM:  Ummm.  I believe it was three years.

 

CF:  What grade is Chris going to be in for next year?

 

DM:  Sixth

 

CF:  Did you talk with father over concerns about Chris’ work at school?

 

DM:  Yes.

 

CF:  Were you aware that Chris had an Individual Education Plan (IEP)?

 

DM:  Yes.

 

CF:  Do you know the basis for his IEP?

 

DM:  Yes.

 

CF:  What is the basis for his IEP?

 

DM:  My understanding is Chris had an IEP as a result of his mother and teachers concerns when he was younger about his difficulties with attention, paying attention in class, being able to pay attention to his studies.  And also in terms of some of his social development, his awareness of his affect on other children, children in groups, and being comfortable with other children.  Umm. And so forth.

 

CF:  Do you know when this IEP was first implemented?

 

DM:  Think it was in the third grade 

 

(Note to readers:  Chris was introduced to the IEP in the first grade)

 

CF:  Where you aware father opposed the IEP for Chris?

 

DM:  Yes.

 

CF:  Were you aware he was required to sign off on it or he would be precluded from participating in any school meetings?

 

Jane’s attorney:  Objection

 

Judge:  Sustained

 

CF:  Did father share with you that he ultimately signed off on the IEP process?

 

DM:  I think he did.  Yes.

 

CF:  And did he tell you if he hadn’t signed off he would be precluded from participating in

any IEP meetings?

 

DM:  He might have.  I don’t recall that.

 

CF:  Did you talk with father at all about his concerns over Chris being tested repeatedly?

 

DM:  Yes.

 

CF:  And does that show up anywhere in your report?

 

DM:  No.

 

CF:  Did you know that the last IEP meeting also involved the parenting coordinator, Ms. Faust?

 

DM:  Yes.

 

CF:  And were you aware that Chris’ IEP was terminated in spring 2010?

 

DM:  Yes.

 

CF:  Did you know at that point that father still was opposed to the IEP?

 

DM:  Umm… Yes.

 

CF:  What about Chris’ current development?  Have you had an opportunity to look at any scores on the MCASS test?

 

DM:  Yes.

 

CF:  What do you know about that?

 

DM:  I don’t’ have his MCASS scores in front of me but my memory is that he had done well.

 

CF:  Were you aware at some point that Ms. Jane would change her focus on Chris’ educational challenges and begin to categorize her son as “gifted?”   Despite years of an IEP?

 

DM:  (Long silence) Could you please repeat that?

 

CF:  (Repeats)

 

DM:  Yes, I believe I heard that.

 

CF:  And were you aware of her having Chris take a placement test for a private school?

 

DM:  (Long silence)  I think the answer to that is yes.

 

CF:  Were you aware of father’s position about Chris going to a private school?

 

DM:  Yes.

 

CF:   What did he say to you?

 

DM:  As I recall he didn’t want it, or something to that effect.

 

CF:  Have you reviewed all the court documents that you reference in your report?

 

DM:   Yes.

 

CF:  Are you aware that in her early court pleadings Jane takes all responsibility for Chris’ academic success?

 

Jane’s attorney:  Objection

 

Judge:  Sustained

 

CF:  Have you had an opportunity Doctor Mephisto to look at Chris midterm report 2010 to

2011 academic year?

 

DM:  Yes, I believe I did.

 

CF:  Were you aware that his records showed up as concerning in almost every category?

 

DM:  Every academic category?

 

CF:  Yes.

 

DM:  Ummm.  Don’t believe they were concerning in every academic category.

 

CF:  And were you aware that he missed 31 homework assignments?

 

DM:  Yes.

 

CF:  You talked with his teacher?

 

DM:  Yes.

 

CF:  Did you ask Ms. Faust at any time why her son, and she’s a teacher, had missed 31 homework assignments?

 

DM:  I believe I heard from both parents that there were either missed homework assignments when Chris was going from home to home, or that they were turned in late….uhhh….by a few hours or didn’t show up on time, or something that the cases had been done but not turned in.  So he was getting negative credit, penalized.

 

CF:  On 31 different occasions?

 

DM:  Uh, yeah, my understanding both parents were trying to get his homework in on time.

 

CF:  Did you talk specifically with father about the work he did with Chris’s homework?

 

DM:  Yes.

 

CF:  And how many nights a week would Chris being doing homework with his dad, versus his mom?

 

DM:  Well my understanding is he did homework with his dad, during the week when he visited with his dad.

 

CF:  How many nights a week is he visiting with his dad?

 

DM:  One night.

 

CF:  Getting back to his current teacher…  she indicated that Chris had a hard time staying focused and completing his work?

 

DM:  Yes.

 

CF:  And had Chris indicated to you that his lack of focus was attributable to his mother?

 

Jane’s attorney:  Objection.

 

Judge:  Overruled.

 

DM:  I’m just reviewing what I wrote here.  (Long pause.)

 

CF:  Did you talk to Chris specifically about a lack of focus at school?

 

DM:  No.

 

CF:   And did you talk to father specifically about Chris lack of focus at school?

 

DM:  Yes.

 

CF:  And didn’t father tell you that Chris attributed it to his mom?

 

Jane’s attorney:  Objection!

 

Judge:  You can have that.

 

CF:  So you talked specifically with father about Chris’s lack of focus on school didn’t you?

 

DM:  Yes.

 

CF:  Did father share with you what he knew from his conversations with Chris?

 

DM:  Yes.

 

CF:  What did father tell you?

 

DM:  Father said it was the other children’s fault.

 

(Author’s note: Chris attributed his lack of concentration to problems in his mother’s home, which is what I conveyed to Doctor Mephisto.)

 

CF:  That’s what father told you?

 

DM:  Yes.

 

CF:  You never talked with Chris about it?

 

DM:  No.

 

CF:  Did you talk with Chris about missing over 31 homework assignments?

 

DM:  No.

 

CF:  Did you talk with his teacher over missing 31 homework assignments?


DM:  Yes.  Like I said.  I think I answered that one already.

 

CF:   Did the teacher give you any specific areas of concern in Chris’ behavior and

performance that are not reflected in your report?

 

DM:  No, I think I tried to capture what she said.

 

CF:  One of the things she said is Chris has no friendships, right?

 

DM:  I don’t think she said he had no friendships.

 

CF:  Page 14, pier relationship section…. Read for us…

 

DM:  Reading:  Teacher reports he has no friendships, with one love/hate relationship.  What she was saying was that nobody really comes to him, not that he doesn’t have friends.

 

CF:  This teacher would have the greatest amount of daily contract with Chris… as his primary teacher… correct?

 

DM:  Yes.

 

CF:  How about his teacher’s relationship with father?  Did you ask her if she met with father?

 

DM:  Umm… I don’t think I asked her specifically.

 

CF:  Did you ask her if father volunteered in the classroom?

 

DM:  No.

 

CF:  Did you ask her anything about Chris’ weight loss?

 

DM: No.

 

CF:  Did you ask her anything about Chris’ fainting spells?

 

DM: No.

 

CF:  Did you ask her about his overall health?

 

DM:  No.

 

CF:  Did you ask her if Chris had ever passed out in class?

 

DM:  No.

 

CF:  Did you ask her about Chris’ emotional state during the school day?

 

DM:  Correct.

 

CF:  Did you ask her whether or not Chris was always appropriately dressed for the weather?

 

DM:  No.

 

CF:  Were you aware that there was a lot of time spent by these parents with the parenting coordinator concerning whether or not Chris was wearing appropriate winter coat?

 

DM:  I know that has been a conversation.  Yes.

 

CF:  So you knew it was a concern for father?

 

DM:  Yes.  Yes.

 

CF:  It was important enough that the parenting coordinator entered a recommendation that

Chris have an appropriate winter coat at all times.

 

DM:  Correct.

 

CF:  And yet, you did not ask the teacher about that?

 

DM:  No.

 

CF:  Did you ask the teacher about her observations of Chris in the presence of his dad?

 

DM:  No.

 

CF:   Did you ask the teacher about her observations of Chris in the presence of his mom?

 

DM:  No.

 

CF:  Did you ask the teacher if she had ever filed a DCF report on behalf of Chris?

 

DM:  No.

 

CF:  In addition to the teacher, you also spoke with the school principal?

 

DM:  Yes.

 

CF:  And did she confirm that there had been a series of missing homework assignments?

 

DM:   Um, I have to check my report.

 

CF:  It’s on page 15.

 

DM:  Yes, she references 15 missing homework assignments.

 

CF:  What else did she say about the homework assignments?

 

DM:  Um, said it was a big concern for dad.

 

CF:   Did she say it was a big concern for mom?

 

DM:  She said what I wrote.

 

CF:  She also said she had observations about Chris socially?

 

DM:  (Reading)  “She sees Chris just like any other fifth grade kid… he adjusts well.   He’s a capable student.”

 

CF:   So does that perception about Chris being socially adjusted, socially like any other kid and adjusting well, mesh with what his teacher said – that Chris has no friends?

 

DM:  No.

 

CF:  Did you also talk with the principal about Chris’ meals and eating at school?

 

DM:  Yes.

 

CF:  And she indicated that she at lunch with him every single day?  And saw that he ate his lunch every single day?

 

DM:  No.

 

CF:  What did she say?

 

DM:  She said she’s in the lunchroom, but she doesn’t eat lunch with him. 

 

CF:  But she goes onto say he eats the whole meal with no issues?

 

DM:  Right.

 

CF:  Did she tell you that she ate lunch at his table every single day?

 

DM:  ????

 

CF:  Did she talk to you about father’s participation at any teacher parent conferences?

 

DM:  Trying to think if it was a private conversation or a conference with all three of them.  I can’t really remember.

 

CF:   So you don’t remember asking specifically how well either parent was about making meetings and keeping meetings?

 

DM:  Not specifically.

 

CF:  Did the principal talk to you all about parenting coordinator, Ms. Faust, coming to school to talk with Chris?

 

DM:  Yes.

 

CF: What did she say about that?

 

DM:   I believe she had said attorney Ms. Faust had come to school.  She was aware that attorney Ms. Faust had come to school.

 

CF:  Did she make any observation about whether or not Chris liked meeting with attorney

Ms. Faust at the school?

 

DM:  My memory is that she thought Chris did not like it.

 

CF:  Actually you don’t have to count on your memory; you can go by your report.  Doesn’t it say Chris doesn’t like being called out at school?

 

DM:  That sounds right.  I was just looking for that sentence.  The answer is “yes.”

 

Jane’s Attorney:  I object to the characterization that Chris does not like the parenting coordinator.

 

Judge:  I’ll allow it.

 

CF:  Did you talk to the principal overall about Chris’ overall health?

 

DM:  Not specifically no.

 

CF:  Did she share awareness with you about Chris’ hands?

 

DM:  No.

 

CF:  Did she share awareness with you about Chris being dizzy?

 

DM:  No.

 

CF:  About Chris fainting.

 

DM:  Nope.

 

CF:  About Chris’ weight loss?

 

DM:  No.

 

CF:  Did you talk to her at all about whether or not Chris was appropriately dressed?

 

DM:  No.

 

CF:  And recognizing that there was a real disconnect between what the fifth grade teacher and the principal said about Chris, did you go back and follow up with her for any clarification?

 

DM:  No.

 

CF:  Did the principal give you any observations about Chris in the presence of his father?

 

DM:  Not that I recall.

 

CF:  And how about in the presence of his mom?

 

DM:  No, I don’t’ remember.

 

CF:  So despite all that, despite all the questions you did not ask, you indicated in your report Doctor Mephisto, father exaggerated about Chris’ academic experience?

 

DM:  Um…can you reference that for me please?

 

CF:  From page eighteen…   I’ll withdraw that question for now.

 

DM:  You investigated Ms. Jane as part of your investigation as well, didn’t you?

 

CF:  Yes.

 

DM:  And as part of that interview you included everything that she told you about her relationship with the father?

 

CF:  Well, I include what I consider to be the relevant material, yes.

 

DM:  And if your opinion the relevant material included allegations made about him from eleven years ago?

 

CF:  Well.  Yes.

 

DM:  Were you aware that she attempted to obtain a restraining order against father that was

not continued against him?

 

Jane’s attorney:  Objection.

 

Judge:  Repeat the question.

 

CF:  Repeats.

 

DM:  Yes. I am.

 

CF:  And are you aware that restraining order was suspended.

 

DM:  Um…… no.

 

CF:  How many times during the course of your investigation did you have the opportunity to observe Chris with his dad?

 

DM:  How many times?   I think two occasions at my office in Boston, and once at my home visit.  Two visits or three to my office, I would have to check.  (Long pause.)   Yes, two times at my office, and the home visit.

 

(Author’s note: Dr. Mephisto only saw Chris and I together twice… once at home, and once at his office – for a visit that I had to insist upon.)

 

CF:   Two times in your office with dad, or two times with….

 

DM:  Yes, yes.

 

CF:  Are you sure about that?

 

DM:  Yes.

 

CF:  I have in your report that you met with father and son on May 19th for two hours.

 

DM:  May 19th….

 

CF:  Where’s the second indication of a meeting with father and son?

 

DM:  No, one visit.

 

CF:  Okay.

 

DM:  May 19th, one visit… spent some time together, than with one, and than the other.

 

CF:  Another meeting on March 19th…. I don’t’ see any other indications of a meeting with you and father and son?  Did I overlook something?

 

DM:  Ummmmmmmmmm……………(long pause)…. No, I don’t see it either.  I might be wrong about that.

 

CF:  Did Chris appear comfortable with his dad?

 

DM:  Yes.

 

CF:  Was he affectionate?

 

DM:  Yes.

 

CF:  Did he engage with his dad?

 

DM:  Yes.

 

CF:  Did he make eye contact with his father?

 

DM:  Yes.

 

CF:  Did he smile and laugh with his dad?

 

DM:  Yes.

 

CF:   Did Chris at anytime appear anxious about being around his father?

 

DM:  No.

 

CF:  Did Chris cry at all during the meetings you had with his father?

 

DM:  Not when his father was there.   No.

 

CF:  Did he appear upset around his father?

 

DM:  Not specifically.  No.

 

CF:  Did he seem fearful?

 

DM:  No.

 

CF:  Why didn’t you include any of that information in your report Doctor Mephisto?

 

DM:  I thought I did, when I referenced the home visit.

 

LONG PAUSE….

 

CF:  You indicated when you met with Chris that he was crying…. Do you know what he was crying about?

 

DM:  Not specifically. No.

 

CF:  And you first met with Chris in his office?

 

DM:  Yes.

 

CF:  Who brought him to that appointment, Doctor Mephisto?

 

DM:  His mother brought him.

 

CF:  Did you outline your role to Chris at that time?

 

DM:  Yes.

 

CF:  What did you say?

 

DM:  Basically, the Lamb Warning.

 

(The rules covering disclosure of information generated by court-ordered clinical evaluations in Massachusetts require that patients be warned that the patient-psychotherapist privilege does not apply to the evaluation interview. The nature of the warning required (“the Lamb warning”) is not perfectly clear and is especially uncertain when those being warned are children and families. Comparing the Lamb warning to the Miranda warning offers some insight but is not conclusive. To reach conclusions regarding the type and degree of procedural protections for children required by the Lamb warning, it is necessary to analyze the stakes, interests, and capacities involved for children in juvenile court. This analysis suggests that in most situations a relatively informal procedure is sufficient to provide the required warning. However, there are some exceptional circumstances in which more formal and thorough warnings should be required. These include juvenile transfer hearings and some situations involving child abuse and neglect.)

 

CF:  How did you explain that to an eleven-year old boy?

 

DM:  I let him know who I was.  Told him I worked for the court.  Told him what he told me I would report to the judge.

 

And he said don’t tell my mom.  I don’t want her to know.

And I said, I have to tell the judge whatever you tell me.

 

CF:   And he specifically said don’t tell my mom what I say?

 

DM:  Yes.

 

CF:  So do you think that might have carried over to later meeting when he refused to talk to you?

 

DM:  I don’t necessarily think so.  No.

 

CF:  What was another thing Chris said to you during that first meeting that you referenced in your report?

 

DM:  That he wanted to live with his dad.

 

 

CF:  In fact in your report you say that Chris said that to you repeatedly…. Didn’t you?

 

DM:  He said it several times.  Yes.

 

CF:  You indicate that he did not have a lot of emotion in his voice?

 

DM:  I think I used the word robotic.

 

CF:  Did you find that Chris had a lot of emotion in his voice when he talked about other things with you?

 

DM:  Ummm….. Yes.

 

CF:  Did you include within your report specifics that brought on emotion with Chris, in your conversations?

 

DM:  Um…trips, vacations, he went to the Superbowl with his father.  He went to Texas… he enjoyed that.  There was emotion.

 

CF:  What emotions did you see when he talked about those kinds of trips with his dad?

 

DM:  Umm…. He laughed, sometimes embarrassedly.  There’s a picture on this wall with two cheerleaders from the football game.  He said his dad liked the cheerleaders so he took the picture.  He giggled.

 

CF:  Was there other things that Chris described where he showed a lot of emotion?

 

DM:  No.  I never saw a lot of emotion with Chris.

 

CF:  Did Chris share with you that one of his parents yelled more than the other?

 

DM:  Not like that… no.

 

CF:  Did Chris tell you that his mother yelled at him?

 

DM:  Yes.

 

CF:  Did Chris ever say that his father ever yelled at him?

 

DM:  Nope.

 

CF:  Did Chris say that his mother was mean?

 

DM:  Yes.

 

CF:  Did Chris ever say that his father was mean?

 

DM:  Nope.

 

CF:  Did Chris talk to you about his mother being rough with the dog?

 

DM:  Yes.

 

CF:  Did Chris ever make those kind of statements about his father?

 

DM:  Nope.

 

CF:  Did Chris ever talk to you about his mother doing anything with the bunny?

 

Jane’s attorney: Objection, asked and answered.

 

Judge: Sustained.

 

CF:  I’ll withdraw judge.

 

CF:  You indicted that Chris said to you, “please don’t tell my mother about this.”  What kinds of things did he not want you to tell his mother about?

 

DM:  That he said he did want to live with his dad.

 

CF:  Is there anything else?

 

DM:  No.

 

CF:  And did Chris ask you not to tell anything he shared with you to his father?

 

DM:  No.

 

Judge:  Five minute warning.  Break to hear another matter.

 

CF:    Doctor at any point did you receive a letter from Chris during your investigation?

 

DM:  Yes.

 

CF:  When did you receive that?

 

DM:  I don’t recall the date?

 

CF:  Do you recall after you had met with his dad or with his mom?

 

DM:  I can’t tell you specifically.

 

CF:  What did the note say?

 

DM:  As I recall… it said, I want to live with my dad.  And this is a paraphrase, I am writing this of my own free will.  Something like that.

 

CF:   Did you show the note to Jane?

 

DM:  I don’t think I did.  No.

 

CF:  Did you talk about the note to Chris at the next interview?

 

DM:  I think I got it after my last meeting with him?

 

Judge:  With you last meeting with whom?

 

DM:  Chris.

 

Jane’s Attorney:  The GAL/DM received this letter by way of his father.

 

CF:  And could you tell by looking at the note whether or not it was physically forced upon Chris?

 

DM:   I don’t know what physically forced writing would look like in an eleven year old child, so I couldn’t answer that.

 

CF:  When you met with Chris in each parent’s home… did you find each home was appropriately furnished?

 

DM:  Yes.

 

CF:  Did each parent have a separate room for Chris?

 

DM:  Yes. 

 

CF:  Did the rooms contain things that would be important to Chris?

 

DM:  Yes.

 

CF:  Did Chris appear comfortable at his fathers?

 

DM:  Yes.

 

CF:  What kinds of things did you observe in the house that belonged to Chris?

 

CF:  Did you meet privately with Chris at his father’s home?  What did he say?

 

DM:  Said he wanted to live with his dad.

 

CF:  Did he say it with more or less emotion?

 

DM:  Pretty much the same.

 

CF:  Did you ask him follow up questions about why he wanted to live with his dad?

 

DM:   Of course.

 

CF:  What kinds of questions did you ask him?

 

DM:  I said why?

 

CF:  What did he tell you?

 

DM:  He said a lot of reasons.  Too many to tell you.  Can you give me one, I said.  And

that’s when he told me his mom is mean and yells too much.

 

CF:  Did he say that you could share this with his therapist?

 

DM:  He did say to me… yes, you can talk to the therapist.

 

CF:  In your report you characterize the pictures at his mom’s house as pleasant, but you didn’t describe the pictures at the fathers the same way.  Can you say why?

 

DM:  The pictures were different in Chris’ room.

 

CF: Can you identify in what you call a “pleasant picture.”

 

DM:  Yes, there were landscapes scenes.  Nothing I would note as out of the ordinary. 

 

CF:   Did you talk with Chris about those pictures at his mom’s house?

 

DM:  No.

 

CF:  Did you talk to Chris about the pictures at his father’s house?

 

DM:  Well, I was struck by the picture I saw on page ten. 

 

CF:  After his you visit with Chris in his bedroom – did you go anywhere else with Chris at your meeting at Chris’ house.

 

DM:  No.

 

CF:  At the meeting at his mom’s house… did you go anywhere besides the house?

 

DM:  Yes. 

 

CF:  Where did you go?

 

DM:  Chris decided he wanted to show me the neighborhood.

 

CF:  Did you get to speak with Chris about his wishes while at his mothers.

 

DM:  Not while outside but within the home… yes.

 

CF:  Did he turn his back from you to avoid eye contact?

 

DM:  He did.

 

CF:  You indicate that he really didn’t want to talk about much of anything, did he?

 

DM:   Correct.

 

CF:  At that point did Chris turn on the TV to avoid talking to you altogether?

 

DM:  That’s what I mentioned here, yes.

 

CF:  Did Jane intervene and call down to Chris to turn off the TV?

 

DM:  Yes.  She did.

 

CF:   You note in you visit to Jane’s she never once raised her voice.

 

DM:  That’s not what I said, I said the only time she raised her voice was to call down to Chris to turn off the TV.

 

CF:  Did you expect Jane to yell at Chris while you were visiting their home?

 

DM:  No… I didn’t expect one way or the other.

 

CF:  It wouldn’t put her best foot forward, if she was shouting while the GAL was visiting would it?

 

DM:  That’s not up to me to decide.

 

CF:  Then you visited with Chris a third time at your office did he make any comments about where he wanted to live?

 

DM:  When I saw him… his statements were I want to live with my dad.

 

CF:  Did he ever say to you that he wanted to live with his mom?

 

DM:   No… like I said he wants to live with his …. He does live with his mom.

 

CF:  Did he say he wanted to stay with his mom?

 

DM:  Not specifically, but when I asked when would he see his mom… he wasn’t real clear about that.  He said he would see her, a lot, but didn’t say he wanted to live or not live with her.

 

But he did say I want to live with my dad.

 

CF:  Did he report that he wanted to spend more time with his dad, whether or not he lived with him?

 

DM:  I think he might have.

 

CF:  What was the one consistent thing that Chris said throughout your investigation?

 

DM:  He wasn’t consistent… in his last meeting he started interviewing me.  He made it real clear he wasn’t interested in engaging.

 

CF:  How many times during your investigation did he make it clear to you that he wanted to live with his father?

 

DM:  Probably four or five.

 

CF:  In your professional opinion Doctor, could it be that Chris is unemotional because no one is listening to what he is saying?

 

DM:  In my opinion – No.

 

CF:  In your professional opinion do you think Chris stop making professional disclosures to you when you made it clear that everything he said to you would be shared with his mother?

 

DM:  No.

 

CF:  That’s not possible?

 

DM:  Is it possible?  It’s possible but not probable.

 

CF:  Did you at anytime specifically instruct Jane with Chris to go to the wood by father’s house?

 

DM:  NO!

 

CF:  In your findings you note that there is emotional and psychological pressure on Chris… and you called that pressure enormous?

 

DM:  Yes.

 

CF:  But you didn’t say in your findings that all that pressure was caused by father did you?

 

DM:  I didn’t say that, no.

 

CF:  And you said that Chris has to negotiate his own development… didn’t you?

 

DM:  Yes.

 

CF:  But that’s not specific to Chris….. That’s for all children his age?

 

DM:  Correct.  I also add that he has the added pressure.

 

CF:  You also mention that he has emotional and social challenges but those aren’t new… they go way back, and are a continuing challenge?  Is that correct?

 

DM:  I agree.

 

CF:  Did you perform any psychological testing with Chris?

 

DM:  No.

 

CF:  Did you make any official determination as to what his emotional intelligence is at this point.

 

DM:  No.

 

CF:   You state Chris faces the difficult world of a custody dispute?  Did you have any specific conversations with Chris about what his parents were fighting over?

 

DM:  I might have in my early contact with him…about they were fighting over where he might live. 

 

CF:  How did he react?

 

DM:  I think that might have been one of the times when he said I want to live with my dad.

 

CF:  You also reference something called significant reality testing?  Can you explain what that means?

 

DM:  To me “reality testing” means Chris’ ability to determine what is real and what is not real, and what’s happening and what’s not happening?  And how much of what he believes is coming from himself or other sources? 

 

CF:  And would that kind of analysis be something that the therapist would do for Chris as well?

 

DM:  Ultimately… yes.

 

CF:  But you never talked to the therapist about reality testing?

 

DM:  No, I did… I did.

 

CF:  But you make no mention about it in the report.

 

DM: The therapist had not met enough times with Chris… he said Chris is very reticent with him and has a hard time opening up and telling what was on his mind.

 

CF:  In your interview with Jane, did she ever say she would support Chris’ requests to live with his father?

 

DM:  I don’t believe that came up… no.

 

CF:  Did Ms. Jane ever say she would encourage Chris to have a relationship with his dad?

 

DM:  Yes.

 

CF:  Did Jane ever say she’s agreed to agree to Chris’ request for additional time with his dad?

 

DM:  I do remember Jane saying that she desired (for Chris) to have a continuing relationship with his dad.

 

CF:  Are you aware of vacations between father and son, she specifically request that their time be cut short… so she could have more time with Chris?

 

DM:  I was aware of a day for family function.

 

CF:  Are you aware that a lot of time and money was spent with the parenting coordinator not only so that Chris could travel to Texas with dad to see the Superbowl, but also to see family members on his dad’s side?

 

DM:  I am aware of a long conversation and trying to figure out a way to make it work for Chris.

 

CF:  In your report you say many, many positive things about Chris relationship with his father… don’t you?

 

DM:  I’m sure I do.

 

CF:  You state that Chris and his dad have a strong bond?  And that they definitely have a different relationship then that which he shares with his mom?

 

DM:  Correct.

 

CF:  You indicate two different parenting styles… could you indicate you observations about father’s parenting style?

 

DM:  I think father’s parenting style is permissive.  He doesn’t see Chris that often, so they spend a lot of play time together.   They watch movies together.  They ride their bikes together.  They do physical activities.  In terms of style, he’s very devoted to making sure Chris gets what he wants.  There’s not much competition for dad’s attention when Chris is there.  I think father is very attached to Chris; Chris is very attached to his father.  My concern is not the style.  My concern is the father’s judgment.

 

CF:  In terms of all those things, you didn’t say any of that in your report.

 

DM:  No, I say those things in my report…. There are a lot of positive statements.

 

CF:  Do you sense that Chris is feeling pressure to choose between his parents?

DM:  Yes.

 

CF:  Do you feel its important Doctor Mephisto for father to be a part of Chris’ life?

 

DM:  Yes.

 

CF:  Are you aware that Ms. Jane is requesting sole legal and sole physical custody be placed with her?

 

DM:  I heard that.  Yes.

 

CF:  Are you aware that she is looking to suspend or supervise his time with his father?

 

DM:  Yes.

 

CF:  Did you feel as a result of your investigation that there was anything that should have been reported to the department of children and families?

 

Judge:  We’ll call the attorney’s tomorrow to figure out the timing on Friday, as of right now we are starting at 8:30.   We’ll talk to you tomorrow but we are suspending here for today.

 

Note to readers:  The trial dates that were scheduled for the 28th and 29th of July 2011 were cancelled. 

 

Out of desperation, and because the mother reported Chris as suicidal on August 10th – while Chris was living under his mother’s care, and due to the poor treatment received by Chris and me by the court’s surrogate  – Ms. Faust of Bay Meadows Mediation – the father began adding entries to a blog, previously described.   As a result of the blog’s discovery, visitation was suspended for the duration of the trial, and pending a ruling by the court.  I approached the Massachusetts Probate Courts three times with the full knowledge and support of my attorney – approaching three different judges – in the month of September 2011 requesting an emergency hearing to resume visitation.  The courts denied the father an audience three different times, visitation was not restored, and the trial, which started in late July, was not resumed until late September.

 

The trial would ultimately span the months of July, August, September and October.

To the best of my knowledge, Doctor Mephisto is still operating as guardian ad litem, and a fully licensed psychologist, to this very day.


One Comment on “Dr. Richard Wolman (Boston), Takes the Stand.”

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