As Fraud At
Swiss Portugal Embassy Alleged Now Cold
Water on Talk of 900 Trial Exhibits
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Jan 12 –
Guillaume Jacquety is
suing to take his daughter
back from the United States to
Morocco. There is a lawsuit,
and there was a settlement
conference on June 4, citing
the Hague Convention.
But there are
questions about Moroccan law,
and a veil of secrecy. Now
in
response to vows of
900 exhibits
at trial,
there's this:
"During our
last call,
Respondent
mentioned
having over
900 exhibits.
There is no
conceivable
scenario under
which that
many exhibits
will be
used/admitted
at trial.
Accordingly,
the parties,
particularly
Respondent,
are encouraged
to shorten
their list of
exhibits. SO
ORDERED.
Proposed
Pretrial Order
due by
1/13/2021.
(Signed by
Magistrate
Judge Robert
W. Lehrburger
on
1/12/2021)."
There
are objections
to a doctor's
questions, and
his objections
back.
Geraldine
Helena Tena Baptista "took the
Child from her habitual
residence in Morocco" to
Switzerland, according to the
Complaint - but then
"fraudulently obtain[ed]
altered Portuguese travel
documents." There is reference
to a radiologist in New York
she was allegedly having an
affair with.
This was
allegedly done with the
assistance of an employee at
the Portuguese Embassy in
Switzerland.
Now on
December 4, the lawyers for
the petitioner have written to
Judge Lehrburger that
Petitioner is ready to proceed
with a remote trial on
Trialgraphix, which was used
in Chief Judge McMahon's trial
in Ferring Pharmaceuticals v.
Serenity, 17-cv-9922.
But Respondent
Baptista does NOT agree to
conduct the trial remotely.
Now on December
18, this: "On December 14,
2020, Respondent filed a
letter requesting Petitioner
to pay the cost of an
independent monitor being
employed by the parties for
Petitioner's Facebook visits
with the Child. Petitioner has
not filed any opposition. The
estimated cost, one thousand
dollars, is relatively modest.
Accordingly, Petitioner shall
pay the cost of the
independent monitor from
Supervision Services without
prejudice to seeking to
recover costs at the
conclusion of the case. SO
ORDERED. (Signed by Magistrate
Judge Robert W. Lehrburger on
12/18/2020)." Watch this site.
In
September, she submitted a
declaration about her Moroccan
cell phone, which was restored
to factory settings and given
away after even its WhatsApp
function was cut off.
Now on November
23 Jacquety's lawyer has
written to Judge Lehrburger to
complain about the failure to
respond to the questions of
Dr. Peter J. Favaro "in
advance of Dr. Favaro's
interview with the child."
For his part, Dr.
Favaro wrote that "as a result
of the communications between
the attorneys I be [sic]
revisiting whether any
interview with Ella would be
worthwhile under the present
conditions."
On November 25
Judge Lehrburger held another
proceeding, and Inner City
Press again covered it. This
time focus turned to the
specifics of Facetime calls
and visits, and grandparents
participating in one visit on
or around December 25. Dr.
Favaro will have to edit his
questionnaire but can go
forward. Third party
monitoring of visits was
discussed, as well as who
should pay for it. The case
proceeds.
The case is
Jacquety v. Tena Baptista et
al., 19-cv-9642 (Marrero /
Lehrburger).
***
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