Col

o. everyone. So, in fact, t

I get -

behavior Iowa;:ds

Have we u.dexstood

R. EISENsTE Z

"H COURT: Have You

MR y EISENSTEIX: have note

THE COURT: You have not? Wel

your you

more exhibl of

said to you?

-hen perhaps any A.

urther

COURf: would he was

12 suggest tea you tha t

3 C-..)!Irt and one of yourself and

14 Y ur beh. a for in h o deferral es

the case.

me.

u perceive all he 1.1.

would t est t

in rec.. 1is ppe

16 ludes his notice of motion

17 The Court rerleoi

n tae has read el pleadings submitted in

d to the orbs notice' of20

d ask you put in f t of yo21

22

tact, I. ve granted certain por

'on, Haber,

well as you

one denied

Ions23

ord. be24 indicated that Carla .1 nc,.

25 hen to visa Ho ver,going to

Colloquy1 your goal, YQU. will

2

3

4

'10

J5

Court will

12 to suggest to all the ill of

13 and none of yourself and I would just suggest that

in

16 'that concludes his not:i.ceof Jnot:lon andAI.I

11

Hl th:1s matter.

21 which I) d ask you to put

his mot on

Colloquy

the ;ecommendations of Dr. Syracuse or w the --

as ll e s the request and testimony of the

nassary, is how the Court will viewthis.

So, that there's no change in what I've ordered and

-- examining fir.

eterAine w her or not his re rt ohanges In any

maxis e* on that Gros ex 'n 41 So, Carla - tha

fact:, denied. Carla alone will not be making the deCision.

till like to think I get to make some decisions,

MS. HABER: May I just be -- address that?

THE COURT: Well, I. haven't done anything so I re IlY

orOt know necessary.

MS. HABER: Well, on that issue, y I just address

he Co t?

THE COURT: But 'm saying I heOen't done anvthi g

her than what's in dace so don't you just -- to the

17 hearing, if necessary, tell me why the .COurt should consider

e 4OKigoing through:.' he process of exa

1 1

+12

13

14

18 that -

MR. EISENS N: TH1,

THE COURT: -- or -- please, both of you --I

MR. EISENSTEIN: Okay.

THE COURT: -- or ask that question directly of D

19

20

21

22

23 Syracuse.

MS. HABER: He' already addressed Your Honori'0

THE COURT: -I know he did in

24

26

tI " "'j \ ~.

'.. ".

:·lll

. '/ .~~ l •. ,

"

1

'..colloquycon' led wi th the.. p. " .

: ,_.r',

··~t

',. )~

a

to

;-''';~'', :; -: ,-::.,::} <' ,,~. . ,'. r:~./;.;:~~; : ". "}:~.i~;""fH'"COURT:· . ,'B-u::t'{Plnsay;ng '$i:'f):ayen 't aone anythi;n;Q'

Y\I'i~t,q>":'e'!~~SO;"hf~~,rJUst -- after, the

ne.cessary t' ~ee1J.:me·w1ilYtb~' :Q~urt ~hoilld consrder-~f\~;~;:~.', ,- j"::- '. r

~.~ , . ::

9 I still like to think I get to make some decisions.

THE COURT: Well, 1 haven} t d{)~~anytl1~:n~ sp I really:'

.•.12 .don.' t know it1 s neceSi:/:ary.

13 .MS. H,AB-ER.: .~eil, on th~:t iss'Ue~ may I ju;st address

1.4~~:.. ...•. -."

th;e~ OOU<l:':t?. .•.• • "'.F. .~.:-

...... :,.:

19

:.;

20 'l'H.e OOURT: --or -- please. both of you --MR. EISENSTEIN: Q}(a,y. ,., .!-

;~ .. ..

22

..~.

24 MS. $A13ER:

25 . THE OOORT'~ -I know. he did .in --;-;'."" . '.~.

:.

.• ' .f;'

;, .:. ~.','.' , . .~'.." ".

both sit down

on

much a danger -- pleas

-12 a danger y mind in ca

And to avoid the

Xol .1.oquy

MSSABER: Tn a writtenreport.

THE COURT: -- a written report.

heard we can find out his reasons --

MS. HABER: Then I'll --

that

11 ask you just

indicated Carla . at t.hi .s age.

see their

ld thinking

ect review.

des not empower chi 1.

ent. There's

- the to

e being a poisoning paren

20

21

22

23

24

25

Eisenstein,

( naa ernibie) of decis

don that, required under

not to allow it to

is, in fact, ur han ed.

All r ght. u ber three,

dated October 3.3th, 1994 from Mr. El

agraph :ton g to a

his ac

(The Cour

THE COulA,

that he f

ion -making to him

king her.

hold in y hand a

stein, and this

. Lever, pre dent

-6 to con ider

a

10

1 1

14

17

ortion of my ma -- ordeJ

certification f

tha er he ches partop .ied

"

HABER:

COURT:3 a

4

5

6

1

8

fo'tt that.

THE COURT: Well, it's always subject to .l'eview.

danger pleaEle both sit a.own-- there's too ID.1..1,ch

13 chi ld thinking tha.t we' veabdicatedAn.d to avoidwhy I

Hi don':oa::::that:o :~:f:::~ir::,U::::::::o:Oo:O:i::r_~to:::Jis.1 in unchanged. 1

[

16

18 A.ll right, Numb,erthree. I hold :in my hand a

19

N. U.

24

4

12

13

14

15

16

17

18

19

20

22

23

24

25

Colloquy 26

udulently and vindictively prevented him from seeing the

cizl dren, goes forth violations of his rights again, falsified

is-ues, asking for informat5.on about her, and the indivlduaJ

ho resides with her.,

This is in direct contradiction of an order cif

Court -- direct contradiction -- that , I indicated in a prior

order that you were not to'tr:te to her employer and, .in fact,

you did s . Am I correct?

MR. EISENSTEIN: You a:7e. I would like to have a

news from N.Y.C. verifying, sir, that I did write.

THE COUR': Oh, let me ask this. You sent this to m,.

MR, EISENSTEIN: Yes, that is correct, sir.

THE COURT: Now, if you sent it to me, let me just. ask

ihi . Are you indicating to me now you didn't send it to

MR. EISENSTEIN: I'm not indica Ina anything, elr,

THE COURT: Well, --

MR. EISENSTEIN: -- without a --

THE COURT: -- I'm asking you, --

MR. EISENSTEIN: -- witness pr esent.

THE COURT: did you send it toi

MR. EISENSTEIN: I am taking the --

THE COURT: -- N.Y.C.?

MR. EISENSTEIN: -- Fifth Amendment on that.

THE COURT: And I'm going to draw the inference again

3

THE eOiJRT: And 11m going to draw the inference again·

Colloquyfraudulently and vindictively-prevented' him from see;i.ng .th~

;2 childrenrfioes!'orth violations of his rights again. falsifiedr>!'-. ~

i$s:uet:h. asking for,in~orPi~tion about her/and the individu.al: ~,.' /"'.

4 who re~ides with her. I

5

6 Court· -,-,"direct contradlction -- that! indicated. in a prior

7 order that you ~~e!'enot to write to h~r employer and, .infact t

9 MR. EISENSTEIN: You are. lwo1.l1d like to have a

10 witness :from N.Y.U. verifying, sir., that I cUd write.

THE COURt: Oh. J.etme ask th;ls. You sent t,his to me.

12 MR. EISENSTEIN: Yes, that is correct, :sir.

13 THE COURT: Now, it you Slant it to me, ,letme just.ask

14 . :tn-is. Are you indicat:i.ngto me now you didn't send it to'

16

THE COURT: Well, --18 MR. EISENSTEIN: -~withouta19 THE COURT: -- I'm a:skin!;1yot;!., --

20 MR. EISENSTE!N: -- witness pr(!lsent.

THE COURT: -...,did you send it to --22 MR. EISENSTEIN: !am tak;ing the --23 THE 'CQURT:-- N.Y.U.?

24 MR. EISENSTEIN: Fifth Amen-amant on that.

.,

.t~,

you, Mrs. Else s ein, Wus

reVIciiie letters --

i7r-t-wr=.

Colloquy

hat you did .d I'm going to draw the inference that your

- din g it to me was in violatiOn e order.

M 'Haber - I'll

etter by anyone at the Unlve

HIS

JURY':

ETSENSTEIN: -- but I

-THE COURT; Please -

MRS. EISENSTEIN: haven .

TUE COURT: Listen --

MRS. EISENSTEIN: No, I d n t. know.

THE COURT. Did anyone address this letter with you?

MRS. EISENSTEIN: Not yet.

THE COURT: All richt. Now,.t4r. Eis nstein,

e rhat curio ,a then. If you indicating to me that you

by w uld you 440d I t t o one acting as

10

12

3

14

15

e t? It's only a coPY-

SOSTEIN.: Ufa

this a game --

1 .6

17

18

THE COURT': again, to cause

EISENSTEIN: Excuse me.

THE COURT: -- me --

EISENST

COURT: to put QU

gSENST

Can I respotzl?

THE COURT. in jail for violat ing an order by

19

20

21

22

23

24

..~.,

n_ J

Colloquyahd rim goi'ng to d.raw i;h~,:i,~,ference that your

me ~iri;tr~1~laUoEQ~1Iif~i!r.:, .Me. 'Haber')"~7 ,I I 11~$k :"¥" ';iW~t'$'~ ,E1sen~te.inj

, ' ;, ':'~;F:','," : ';;'; ;:'.tRf~;;'.:·!' i'

9

MRS• El!S.ENS'l'EIN: Not YEt:t. ' " ),. " .. - - -, ;::. ·;·~r :i

A,.1rrigbt .. :NoW':;·~Z:~~E.i.sens~ein, I'm• .,J ..' .; •• ~.

'-"~\lriQ\l$ t!H;!~:.>:".;~;(YQqlr~:l.~q~~~~:ing. to me that yo~.

MRS,EISENS'l'EIN: -- I haven t t."

'l'HECDU;R'l':Listen-~

MRS. EISENSTEIN: No, I don't, know.

12 THE COURT:D:idanyone "tddre~s this letter with you?13

14

,it?

~:......-~ . ,

'again, to cau$e19

20

21

22

23

24

25

THE GOUR'f:

MR. ETSENSTEIN: Excuse me,

'l'HECOURT: --me--

, THE CCHJRT: -- ~o put you

MR. EISENS'l'Ji;IN ~ " Can :t ~;espoiA'?

COURT:-,.j~in jail for v,i,Jt~t ing an orQ.er by

2

22

Colloquy 23

making me think you did but you didn't? Tell me, Mr.

EiSenstein, did you send he letter?

3 MR. EISENSTEIN: Again, I take the Fifth Amendment.

4 THE COURT: Okay. Very good.

5 MR. EISENSTEIN: I believe, sir, you --

6 THE COURT: Mr. Eisenstein, --

MR. EISENSTEIN: -- you --

8

THE COURT: -- let me --

9

MR. EISENSTEIN: -- exercised and related --

10

THE COURT: -- just say this. Have a seat, Mr.

11 Eisenstein. If you have forwarded to:me a letter indicating

12 'that this letter was written to someone else to the Court .in an

attempt to fraudulently convince the Court this was a

14 1conmvnication violative to cause me to incarcerate you then, in

fact, I'm going to refer this matter to the Prosecutor's office

for their investigation to see if, in fact, elements of a

criminal offense occurred because the abuse of the court systems

if it has, in fact, occurred is not going to be allowed. And

I'm going to take it as an untruthful statement so we

anderstand further

MR.EISENSTEIN: I do not understand,

THE COURT: -- by your forwarding to me such

23 correspondence . Okay .

24 Now, in addition, number four, 30 days of NoveMber

25 2 th, I'm going to give you until January 3rd of '95 for that

13

18

16

17

1 0

20

ti

! . :3

4

5

6

7

8

9

10

.'1": .j. "

2

Now, in addition, number four, ;30 days of-November

t 0011o9UY '.': y:. ,',:~. it

making ~Me:think yo:u djd:.~ut yo'Q.~idn't? :Tell me. Mr.

'C".~.enr-..t:.1••..'..in.. did you se~d::;the let'tar?••••• .., ,.. 'iii . ..z '. ·.~. ,

';~r~~' j

MR.EISENSTEIN~" Again, I t~ke the Fifth 1!.mendment.

tHE COURT: 01<<;1.).1.Very good.

MR. EISENSTEIN: I believe .•sir, you

THE COURT: Mr. Ejsenstein.

MR. EISENSTEIN:· ~..., you --

THE COUR4!: ~- let roe --

MR. EISENSTEIN! exercised and related --

THE COURT: --just say thj,$. Have a seat, Mr.

11 Eisenstein. If you have'fo~warded to me a letter indicating

lithat ~~c'S letter was wr1~ten to someone e.Lse to

13 attempt· to fraudulently· oonvince'the Court thisI

12 the Court ..in

was a

14 commundcat a on vj.olati ve, t;ocauseme to incarcerate you then, in

15 fact, I.lm going' to refer· this matter to the Px'osecu.tor's office

16 for their investigation to see if, in fact, elements of a

17 cr.:i.minal offense occurred because the abuse of the court system

18 if it has J in f act , occurred is not going to be allowed. 'And

19 rim going to take it as an untruthful statement so we

20 nderstand further --

21 MR. EISENSTEIN: I do not undez-s tand , sir.

22 THE COURT: by your forwarding to me such23 correspondence. Ol<ay.

24

25 18th, I'm going to give you until Jan1,l:ary 3rd ot '95 for that

28

.,

II

anIIj

Colloquy

at oz'th in .number fo . Number

f theldef ant does not provide

ing withi

en

E COURT: The just pray

30 days (indisoerni le) excuse tee, I gav

12

EISENSTEZN:- And •

E CO RT: X

MR, EI STEIN:

THE COURT Just provide that again.

a in fro today t srwerd.

d then you'll - give

lug. Everybody gets treat d,equally -here.

doing

he is as to hat's

ber five,

which he'

that

don't know gu*te,honestly

A?ay . December 15th.

nfehientS: fo iedical a alf?

22

23

24

25

1.7 think they permit that th!rough the Pa.

bepartxa lit. I'st jUst giving YOuithe statute as to the

t t,tons.

HAZE then, maybe we 5hou1d just enter

nd 1 do age exec n

COI RT:

MS , RAEER1 b

jud e

THE COURT: You can doright

d yOu address thatber s

'.-,'-;~~-'~'''i~:''~-:~~~~~'~~fl'~''~1~~:'~'~.,", ~':'""'~"! j~i '.~'---" !

';.

'Number

9

:,-:.,

!"\~\.~a ~etter'a$ he .leas to what's

:. ,-:' :~;'

10

"11 ag<liin from today f,orward ~

" ,

Ulitis~>l,~~~h'~,'Everybody get$')t~eated;,equally!:here.,<, ·d'r;'~~,c,; .~ ", t,;m:,rl~+.:t,;J,~; "

'~'l~funblerfive ,I\(ion' tknqw <;tu;i,t~';'l)on.estly~. ", ,': .:-. '. ~. . ',- ~-

~.--,.',~~- ~ ,,~,;-t,(:' ,./,~i:,

t~t •.;t~~~~:~P~~:~;;~,~ri::~h~l;.'7- ~~Y?

k they per:PiJ,'t:'."that 'i:1i.rougll:'theProbation

'j~s4!1'~~i~k,~~ulkh:".4~~~~~~$ to' the'3-"

20

A,ll right~

21 Judgment and I'll doa wage exec-dtion22 THE cmlRT: ,Oka.y •

,;-

YO'U. can do {'hat.~~-, -,'~

'> 7,'HE COURT:~- . ,;" .,"

that, Mr.'

-t. '

';, .

:.....

'\,

, ,1

rI

'color 30

e

EISENSTEIN - address because

believe this is an

la' for si

THE COURT: Oka .

MR. EISENSTEIN: since I do n t --

THE COURT: NU er --

MR. EISENSTEIN: I don't know how to •address it.

THE COURT: Ala right. U4 you sent an opportunity t

ddress it?

MR. EISENSTEIN: I don't knowsow, sir,

THE COURT: Okay. All Vight.

. EISENSTEIN: because in the past the -- Ms.

abed passed --

THE COURT: Let me ask .

EISENSTEIN: -- something through you in violation

©f the original arid she used K.E.O.G.H. funds --

THE COURT: Eisenste

EISENST

Pay her and --

THE COURT: -- a ss

EISENSTEIN: _d--

THE COURT: Mr. E1senstein, I'm ordering you to stop

lking

NSTEIN kay.

THE COURT; -- on unr ated, irrelevant issues

simply

4

11

12

13

14

16

16

17

18

19

20

21

22

23

24

25

30

2

'0;1

4

'...-:,:~f~~~·3,~. ; I ,-'. ;'/ ".

"~HE COURT: . \j~~i.

'1;HEGOUR'1'::... ;'

i ,'~"';\'.

8 THE COURT: All. ):·1ght •. J)o you want an t>ppo:rtunity to

9 address it?

EISENSTE!N I don't know hew, sir,10

12

13

14

15

16 (Jf theOl:'iginal and she used lCE;O •.G.:ti. funds --

17~;

<THE OOUR'!': . Mr. EisenstEtin, ••..'-

18

'. ,,','.:~.~:,p ',- ..~.i'·;.r

..MR.f;ISENSTEIN:'· -- to pay her tees and --

19 'l'HE COURT! --:-address

20 MR. EISENSTEIN: -.~ and. <-.~

21. l'HE COURT: Ml:<;Eisenst~in,! fm ordering you. to stop

22 talking23

24 THE COURT; ~n unrelated, irreleva;nt: issues. .Deal

25 ith f)imply--

..

Colloquy

MR. EISENSTEIN: I don't_

THE COURT: hese two --

MR. EISENSTEIN: -- know.

THE COURT: -- items.

MR. EISENSTEIN! I haven't reviewed it. I got it

three days ago.

THE; COURT! You got what

MR. EISENSTEIN: There was a notice_

THE COURT:_ three days ago?

MR. EISENSTEIN:_ on short motion.

THE COURT: Hold on. Hold on.

MR. EISENSTEIN: She had the certifications -THE

COURT: Wait. Wait a minute.

MR. EISENSTEIN:_ from my ex on the Ilth - THE

cOuRT: Al? right.

MR. EISENSTEIN:_ and she didn't sent it until tle

nth and she's done that in the past too, Your Honor.

THE COURT: Mr. Eisenstein, the record's going to.

reflect now it's two occasions you raised your ce. I'd

!You to -lust talk normally_

MR. EISENSTEIN: I will try, sir.

THE COURT:_ as we wili describe it. Good. Now, Wlat

hT'm going. to do then if you indicate you cot insufficient time,

P'7'. I will give you until next Friday. which is the 25th to_actualiy

Monday, the 28th, because the Court won't be here, to

Colloquy

f'1R. EISENSTEIN: I don't--

THE COURT: -- these two

MR. EISENSTEIN: -- know.

THE COURT: -- items.

MR. EISENSTEIN! I haven't reviewed it. I got it

three days ago.

THE COURT! You got what --f\1R. E ISENS TE TN: The re was a not ice --

THE COURT: __three days ago?

III

II

.T'-1R. EISENSTEIN: __on. short motion.

THE COURT: Hold on. Hold on.

MR. EISENSTEIN: She had the certifications -THE

COURT: Wait. Wait a minute.

MR. EISENSTEIN: --from my ex on the Llt h - THE

COURT: All right.

, .

i.

'.-

MR. EISENSTEIN: --and she didn't sent it until tLeI

-InthII

I

and she's done that in the past too, Your Honor.

THE COURT: nr . Eisenstein, goingthe record's to

voice. I'd li;ereflect now it's two occasions you ra i sed youryou to just t.alk normaLly .

I will try,MR. EISENSTEIN: sir.

IIIII'mgoing to do then if you indicate you got insufficient time,

IWill give you until next Friday which i. the 25th to~.ctu~lly

IMonday, the 28th, because the Court won't be here, to

THE COURT: --as we will describe it. Now 1Good.

{

[

Colloquy 32

vide a specific certification and objection. If none is

eived, then in fact, five, six, and seven are, in fact,

_nted by the transfer --

MR. EISENSTEIN: Five, six --

THE COURT: -- responsibilities.

MR. EISENSTEIN: -- and seven?

THE COURT: Six and seven. Not five.

MR. EISENSTEIN: Oh.

THE COURT: Six --

MR. EISENSTEIN: Six --

THE COURT: -- and --

MR. EISENSTEIN: -- and seven.

THE COURT: -- seven.

MR. EISENSTEIN: (Reading) The order direct transfer to

ding) --

THE COURT: All right. Now, in regard to the -MR.

EISENSTEIN: Uh, I --

THE COURT: -- what --

MR. EISENSTEIN: I did read it and the one thing that can

say about it is

THE COURT; If you're going to say it again, make it

hole rather than giving me part of it.

MR. EISENSTEIN:

THE COURT: It'd be the only suggestion.

MR. EISENSTEIN: I don't understand what you mean,

Colloquy

p vide a specific certification and objection. If none is

r eived, then in fact, five, six, and seven are, in fact,

g nted by the transfer --

MR. EISENSTEIN: Five, six

THE COURT: -- responsibilities.MR. EISENSTEIN: -- and seven?THE COURT: Six and seven. Not five.MR. EISENSTEIN: Oh.

THE COURT: SixMR. EISENSTEIN: Six

THE COURT: -- and --MR. EISENSTEIN: -- and seven.THE COURT: -- seven.

MR. EISENSTEIN: (Reading) The order direct transfer to~ading) --

INow, in regard to the -MR.THE COURT: All right.

EISENSTEIN: Uh, I --

THE COURT: -- what --

MR. EISENSTEIN: I did read it and the one thing that cansay about it is

THE COURT; If you're going to say it again, make itI hole rather than giving me part of it.

MR. EISENSTEIN:

THE COURT: It'd be the only suggestion.

32

,

MR. EISENSTEIN: I don't understand what you mean, s r

.. '

Colloquy

THE COURT: Meaning I've just given you an opportunity to

r spond. Do it in whole rather than in part.

MR. EISENSTEIN: Okay. Then do it in writing

bcause I --

THE COURT: Thank you.

MR. EISENSTEIN: I don't know what these accounts

a

THE COURT: And then if Ms. Haber --

MR. EISENSTEIN: and I'd have to look them up.

THE COURT: -- hears no response from the Court by

cember 9 as to (indiscernible) you'll get a letter one way the

her. It just says that it's -- I think that's best. Okay?

MS. HABER: Can I just --

THE COURT: You have to review whether it still

ains granted or changed.

MR. EISENSTEIN: Okay. Fine.

MS. HABER: It's just -- Your Honor, just -- just for th

r e cord, we have an order relating to these accounts. What happene

was as you saw we wrote to the companies --

THE COURT: And they need a specific transfer. I

understand and that's why this --

MS. HABER: Otherwise they need Mr. Eisenstein to si

THE COURT: I'll take care of it as I understand but

is

Colloquy

THE COURT: Meaning I've just given you an opportunity to

r spond. Do it in whole rather than in part.

b cause I --MR. EISENSTEIN: Okay. Then do it in writing

ID cember 9 as to (indiscernible) you'll get a letter one way the

a

THE COURT: Thank you.

MR. EISENSTEIN: I don't know what these accounts

THE COURT: And then if Ms. Haber --

MR. EISENSTEIN: and I'd have to look them up.

THE COURT: -- hears no response from the Court by

otlhe r . It just says that it I S -- I think that's best. Okay?

MS. HABER: Can I just --

THE COURT: You have to review whether it still

rains granted or changed.

r cord, we have an order re~ating to these accounts. What happeneIw s as you saw we wrote to the companies --

MR. EISENSTEIN: Okay. Fine.

MS. HABER: It's just -- Your Honor, just -- just for th

THE COURT: And they need a specific transfer. I

u derstand and that's why this --

II

.~

MS. HABER: Otherwise they need Mr. Eisenstein to si ne

THE COURT: I'll take care of it as I understand but

Colloquy 34

just giving him the opportunity of time and not prejudiced by

. Okay?

MR. EISENSTEIN: Just -- will I ever get a chance to speak

lated to my requests or motions or --

THE COURT: What requests?

MR. EISENSTEIN: -- or are those going to be put off

in ?

THE COURT: No, there's nothing left. I went over MR.

EISENSTEIN: No. I know. Well, I never got a chance, sir.

THE COURT: What is it you want to address because

anted it.

MR. EISENSTEIN: No, you didn't.

THE COURT: Tell me'the specific one you want to

7 kdress.

MR. EISENSTEIN: On number one, a change in access to my

d lughter.

ill THE COURT: I have denied that.

MR. EISENSTEIN: in -- no, but --

THE COURT: Hold on. Stop. There's no --

MR. EISENSTEIN: In both of Dr. Syracuse's reports, he

td I could have additional telephone access. That was

vied. It was in

THE COURT: Excuse me.

MR. EISENSTEIN: -- '93. It was --

Colloquy 34

just giving him the opportunity of time and not prejudiced by

i Okay?

MR. EISENSTEIN: Just -- will I ever get a chance to speak'

r lated to my requests or motions or --

a in?

~.'

THE COURT: What requests?MR. EISENSTEIN: -- or are those going to be put off

THE COURT: No, there's nothing left. I went over MR.

EISENSTEIN: No. I know. Well, I never got a chance, sir.

g nted it.

7 dress.

d ghter.

THE COURT: What is it you want to address because

MR. EISENSTEIN: No, you didn't.THE COURT: Tell me'the specific one you want to

,MR. EISENSTEIN: On number one, a change in access to my

THE COURT: I have denied that.

MR. EISENSTEIN: in -- no, but

THE COURT: Hold on. Stop. There's no --

r. ,

MR. EISENSTEIN: In both of Dr. Syracuse's reports,. e·

id I could have additional telephone access. That was

nied. It was in --THE COURT: Excuse me.

MR. EISENSTEIN: -- '93. It was --

35-Colloquy

THE COURT: Excuse me.

MR. EISENSTEIN: -- in '94.

THE COURT: Mr. Eisenstein, what telephone access do you

t because I

MR. EISENSTEIN: I want to be able to have the option of

'ling her every day.

THE COURT: All right.

MR. EISENSTEIN: I've requested --

THE COURT: And he indicated even though you said the

osite, he said every other day.

MR. EISENSTEIN: And that hasn't been acted on eithe

s r

THE COURT: Okay. But, I --

MR. EISENSTEIN: And -- and --

IHE COURT: -- I think at this time we're going to wait

il Dr. Syracuse testifies to see whether we expand any isitation

.11. this stage.

MR. EISENSTEIN: I

THE COURT: Do we understand that because your -MR.

EISENSTEIN: I do not --

THE COURT: -- request --

MR. EISENSTEIN: -- understand --

THE COURT: I do --

MR. EISENSTEIN: -- how you can request a court -THE

COURT: Okay.

Colloquy

THE COURT: Excuse me.MR. EISENSTEIN: -- in '94.

THE COURT: Mr. Eisenstein, what telephone access do youw t because I

MR. EISENSTEIN: I want to be able to have the option ofher every day.

THE COURT: All righ~.MR. EISENSTEIN: I've requested

THE COURT: And he indicated even though you said theo osite; he said every other day.

"MR. EISENSTEIN: And that hasn't been acted on eithe

s. r

THE COURT: Okay. But, I --MR. EISENSTEIN: And -- and --

IHE COURT: -- I think at this time we're going to waitu til Dr. Syracuse testifies to see whether we expand any isitationa this stage.

MR. EISENSTEIN: I

THE COURT: Do we understand that because your -MR.EISENSTEIN: I do not --

THE COURT: -- request --MR. EISENSTEIN: understandTHE COURT: I do

MR. EISENSTEIN: -- how you can request a court -THECOURT: Okay.

'.,.

Colloquy ann(3)

MR. EISENSTEIN:_ expert and then riot agree with the

court expert_

THE COURT: You disagreed_

MR. ElSENSTEIN: over a

THE COURT: -- with the

MR. EISENSTEIN: -- two-year period.

THE COURT: _ court expert.

MR. EISENSTEIN: I disagreed with parts of it but I did

not disagree

THE COURT: All right.

MR. EISENSTEIN: with the telephone access. THE

COURT: So, then,

MR. EISENSTEIN: And_

THE COURT: -- are you telling me, if I may,-MR.

EISENSTEIN: And_

THE COURT: Are you_

MR. EISENSTEIN: I know,_

THE COURT: Excuse me. If I may means I would like to

kalk.

ejMR. EISENSTEIN: Oh, can I_

THE COURT: Every_

MR. EISENSTEIN:_ tinish, please?

THE COURT: -- other Idon't want to be

lArgumentative with you, Mr. Eisenstein,_

MR. EISENSTEIN: No, I know. I --

Ij

Colloquy 11«MR. EISENSTEIN: _ expert and then riot agree with the

court expert ..

THE COURT: You disagreed ..HR. EISENSTEIN: .. over a ..THE COURT: -- wi th the ..

MR. EISENSTEIN: -- two-year period.

THE COURT: ..court expert.

MR. EISENSTEIN: I disagreed with parts of it but I did

not disagree.

THE COURT: All right.MR. EISENSTEIN: --- with the telephone access. THE

COURT: So, then, ..'

MR. E ISENSTE IN: And ..THE COORT: -- are you telling me, if I may, ~R.

EISENSTEIN: And ..

THE COURT: Are you ..MR. EISENSTEIN: I know, ..

31T

"

36

talk.THE COORT: Excuse me. If I may means I would 11k to

MR. EISENSTEIN: Oh, can Too

THE COURT: Every.. ,>

MR. EISENSTEIN: ..'finish, please?

THE COURT: -- other_ I don't want to be

Argumentative with you, Mr. Eisenstein,.

MR. EISENSTEIN: No, I know. I --

Colloquy

THE COURT: -- but you do.

MR. EISENSTEIN: realize that, sir.

THE COURT : But you do.

MR. EISENSTEIN: No, I don't. It's just --

THE COURT: Stop talking.

MR. EISENSTEIN: Fine. Is that an that's an order? THE

I. COURT: (No audible response.)

MR. EISENSTEIN: Okay.

THE COURT: As to every other day of telephone contact which

w s discussed without specific recommendation because of his posture

a to his request for every other day, what's your position as to

t at single issue?

MS. HABER: Your Honor, I think it would-- would h. most

spectfully outrageous at this point to increase anything. Mr.

17- senstein has just said he wants you to listen

Dr. Syracuse. if you're going to listen. just to Dr. Syracuse,

t aken you would listen to his March 1st letter which says that Carla

o a very unusual case, Carla should determine if and when she sees

speaks to her father.

THE COURT: I'll say this. The order that I've

e tablished for your contacting Carla remains intact. However, Carla

she chooses can call you any day of the week.

MR. EISENSTEIN: That has been ln effect for about --

THE COURT: And that has

MR. EISENSTEIN:_ two and a

Colloquy

THE COURT: -- but you do.MR. EISENSTEIN: realize that, sir.

THE COURT: But you do.MR: EISENSTEIN: No, I don't. It's just --

THE COURT: Stop talking.

tJIR. EISENSTEIN: Fine. Is that an .. that's an order? THECOURT: (No audible response.)

MR. EISENSTEIN: Okay.~.

THE COURT: As to every other day of telephone contact which

w s discussed without specific recommendation because of his posturea to his request for every other day, what's your position as tot at single issue?

t,,'IS. HABER: Your Honor f I thi n k it would ..wo u Ld h. most

r spectfully outrageous at this point to increase anything. Mr.E senstein has just said he wants you to listen

Dr. Syracuse. If you're going to listen just to Dr. Syracuse,t en you would listen to his March 1st letter which says that Carla

o a very unusual case, Carla should determine if and when she seeso speaks to her father.

.<

.~THE COURT: I'll say this. The order that I've

e tablished for your contacting Carla remains intact. However, Carlai she chooses can call you any day of the week.

MR. EISENSTEIN; That has been in effect for about --THE COURT: And that has __MR. EISENSTEIN: --two and a -- ...

Colloquy 38

THE COURT: -- been what --

MR. EISENSTEIN: -- half --

THE COURT: -- it's,going to remain.

MR. EISENSTEIN: -- years, sir.

THE COURT: Okay?

MR. EISENSTEIN: I -- again, let me, if I may for the

lord indicate that I believe that's prejudice because you first

THE COURT: Your --

MR. EISENSTEIN: -- requested it from --

THE COURT: -- perception and indication are fine, Mr.

senstein. That's my decision.

MR. EISENSTEIN:

THE COURT: Is there anything else on the decision that

s to be addressed? A --

MR. EISENSTEIN: I -- well --

THE COURT: -- specific paragraph of the motion,

ease.

MR. EISENSTEIN: I did believe --

THE COURT: A specific paragraph.

MR, EISENSTEIN: Of the motion. I did request your

cusal again and I --

THE COURT: And that was denied --

MR. EISENSTEIN: But I --

THE COURT: -- for the fourth time.

Er;

r

Colloquy

THE COURT: -- been what

MR. EISENSTEIN: -- half

THE COURT: -- it's.going to remaln.

MR. EISENSTEIN: -- years, sir.

THE COURT: Okay?

MR. EISENSTEIN: I again, let me, if I may for the

r cord indicate that I believe that's prejudice because you first

THE COURT: Your

MR. EISENSTEIN: requested it from --

THE COURT: -- perception and indication are fine, Mr.

E senstein. That's my decision.

MR. EISENSTEIN: Fine.THE COURT: Is there anything else on the decision that

n eds to be addressed? A --

MR. EISENSTEIN: I -- well --

THE COURT: -- specific paragraph of the motion,ease.

MR. EISENSTEIN: I did believe --

THE COURT: A specific paragraph.

MR, EISENSTEIN: Of the motion. I did request your

r usal again and I --

THE COURT: And that was deniedMR. EISENSTEIN: But I --

THE COURT: -- for the fourth time.

38

Colloquy 0

MR. EISENSTEIN: -- did want to discuss that because

u did have ex parte communications with the other party.

THE COURT: Tell me when they might have been. MR.

EISENSTEIN: The other issue is I was_

THE COURT: Tell me_ excuse me. Tell me when that

m ght have been.

MR. EISENSTEIN: I noticed that there was an order put in

f.r sanctions against me that_

THE COURT: How is that a communication?

MR. EISENSTEIN: Well, I was --

THE COURT: A communication_

MR. EISENSTEIN:__ never_

THE COURT:_ means I speak to counsel. Did I eve'

s ; ea

MR. EISENSTEIN: Oh, I_

THE COURT:_ to counsel?

MR. EISENSTEIN: I don't understand, sir. In other wordE

ou don't you just send letters to them, that's okay?

THE COURT: There are no letters sent just to me and you

k ow, because I've written to you on the issue, that every time

s meone writes to me they send a copy to the adversary. And if

have not, I send it.. So, no_Ii

MR. EISENSTEIN: Okay. So_ so then --

THE COURT: _ ex parte..

MR. EISENSTEIN: -- any complaints --

t

Colloquy

MR. EISENSTEIN: -- did want to discuss that because

y u. did have ex parte cOITIDunicationswith the other party.

THE COURT: Tell me when they might have been. MR.

EISENSTEIN: The other issue is I w as.

THE COURT: Tell me- excuse me. Tell me when that

m ght have been.MR. EISENSTEIN: I noticed that there was an order· put in

f r sanctions against me t6at-

THE COURT: How is that a communication?

MR. EISENSTEIN: Well, I was --THE COURT: A commu n i cat Lo n .MR. EISENSTEIN: __never--

THE COURT: __means I speak to counsel. Did I eve'

s eak --

MR. EISENSTEIN: Oh, I __

THE COURT: --to counsel?

MR. EISENSTEIN: I don't understand, sir. In other word

i you don't you just send ~etters to them, that's okay?

THE COURT: There are no letters sent just to me and you

k ow, because I've written to you on the issue, that every time

s meone writes to me they send a copy to the adversary. And if

t ey have not, I send it. So, no_

MR. EISENSTEIN: Okay. So --so then --

THE COURT: __ ex parte __

MH. EISENSTEIN: -- any complaints

39

.,

Colloquy 40

P THE COURT: communications --MR. EISENSTEIN:._ that i may have made against you. in

t e Judiciary Committee have been forwarded to the other party,

s r ?

THE COURT: Mr. Eisenstein, this action, nothing else. MR

EISENSTEIN: Well, I mean --

THE COURT: Understand,

MR. EISENSTEIN: That's part of

-THE COURT ' : Mr. Eisenstein?

MR. EISENSTEIN: this action, sir.

THE COURT ' . Mr. Eisenstein, once again, whatever you do

ia:ywnere_eise, you're free to do but don't bring it into this

Lion because your actions are the ones we're reviewing today.

MR. EISENSTEIN: I don't understand that, sir.

THE COURT: I know that. That's the difficulty. Have a

s 3at now.

MR. EISENSTEIN: Okay.

THE COURT: You're going to draft this order under the .7e

Pay rule.

You will in writing, Mr. Eisenstein, submit. dates that yot

sh to be have Dr. Syracuse available for his deposition.

You, ms. Haber, will in fact also get a copy of thos(.,

t.l e .Jud i c.i a r y Committee have been forwarded to the other party,

a.ywhere.else, you're free to do but don't bring it into this

a tion because your actions are the ones we're reviewing today.

w' sh to be ..have Dr. Syracuse available for his deposi tion.

S' r?

Is at

I

40Colloquy

THE COURT: --communications --

MR. EISENSTEIN:- that i may have made against you. " ~...L.L1.

THE COURT: Mr. Eisenstein, this action, nothing else. MR

EISENSTEIN: Well, I mean --

THE COURT: Understand,--lvIF<-. EISENSTEIN: that's part of ..-THE COUET: -_Mr. Ei sens tein '?

MR. EISENSTEIN: ..this action, sir.

THE COURT: Mr. Eisenstein, once again, whatever vou do

MR. EISENSTEIN: I don't understand that, sir.

THE COURT: I know that. That's the difficulty. Have a

now.

ME. EISENSTEIN: Okay.

THE COURT: You're going to draft this order under the .7e

day rule.

You will in writing, Mr. Eisenstein, submit dates that YOI

You, MS. Haber, \-1i11in fact also get a copy of t ho se

Colloquy 41

Please have a seat.

MR. EISENSTEIN: Okay. Well, can --

THE COURT: And I'm ordering you to sit down. The date

the deposition will be three in number. Dr. Syracue will advi

which is best for he. We'll see if both of you

(The Court attends to other matters.)

THE COURT: -- go into those dates and then the

d position will be noted as to the time for me and I will have a

riFom assigned in the Courthouse. You'll report here first and

t.en I'll have a room assigned for you. You'll make the efforts

r the court reporter.

I have another judge on the phone. You'll draft it, send

under --

MS. HABER: Well, we --

THE COURT: the five-day rule.

MS. HABER: -- didn't do the issue of sanctions. You were

inq to do the issue of sanctions.

THE COURT: Oh, in regard to --

MS. HABER: And counsel fees.

THE COURT: -- sanctions on the counsel fees, right, let

just --

MR. EISENSTEIN: Uh, well, -

THE COURT: deal with this. First of all, the

sanctions are if he violated which I am going to ascertain from

Colloquy

Please have a seat.

MR. EISENSTEIN: Okay. Well, can

THE COURT: And I'm ordering you to sit down. The date

f r the deposition will be three in number. Dr. Syracue will advi e

u which is best for he. We'll see if both of you

(The Court attends to other matters.)

THE COURT: -- go into those dates and then the

d position will be noted as to the time for me and I will have a

r om assigned in the Courthouse. You'll report here first and

t en I'll have a room assigned for you. You'll make the efforts

f r the court reporter.

I have another judge on the phone. You'll draft it, send

i' under

MS. HABER: Well, we --

THE COURT: the five-day rule.MS. HABER: didn!t do the issue of sanctions. You were

g ing to do the issue of sanctions.

THE COURT: Oh, in regard toMS. HABER: And counsel fees.

THE COURT: -- sanctions on the counsel fees, right, let

m just

MR. EISENSTEIN: Uh, well, --

THE COURT: deal with this. First of all, thesanctions are if he violated which I am going to ascertain from

41

.~

Colloquy 4 r•

e Prosecutor's investigation whether he's sent it. All righ

condly, in regard to attorneys' fees, the Court has outlined

arly on the record the four motions brought in this matter, all

ich have been fully repetitive. It's the same relief requested

er and over and over again.

The letters written to the Court concerning this

tion again repetitive, over and over the same --

MR. EISENSTEIN: Sir, lock me up.

THE CLERK: Stop.

THE COURT: All right. Let the record reflecr, -MR.

EISENSTEIN: Here. Good bye. Let go.

THE COURT: -- that Mr. Eisenstein -- you are going

locked up so you can have a seat.

MR. EISENSTEIN: That's -- that's fine, sir.

THE COURT: Mr. Eisenstein has for the ch -- let's take

child who he's made cry out of the courtroom for a second and

r. Eisenstein has elected to stand up, slam his hands on the

le. This is contempt in the presence of the Court and the Cour

.now holding you in contempt along with your other actions.

z4lve indicated that this is what you wanted to occur. You have no

b en satisfied with any other decision except --

MR. EISENSTEIN: SIr, I have not

THE COURT: causing it to occur.

MR. EISENSTEIN: -- requested that happen. I have -

Colloquy

e Prosecutor's investigation whether he's sent it. All right.

S condly, in regard to atto~neys' fees, the Court has outlined

c' arly on the record the four motions brought in this matter, allf

w ich have been fully repetitive. It's the same relief requ~sted

o'er and over and over again.

The letters written to the Court concerning this

a tion again repetitive, over and over the same --

MR. EISENSTEIN: Sir, lock me up.

THE CLERK: Stop.THE COURT: All right. Let the record reflect -MR.

EISENSTEIN: Here. Good bye. Let go.

THE COURT: that Mr. Eisenstein -- you are going c

b locked up so you can have a seat.MR. EISENSTEIN: That's -- that's fine, sir.THE COURT: Mr. Eisenstein has for the ch -- let's take

t e child who he's made cry out of the courtroom for a second and

r. Eisenstein has elected to stand up, slam his hands on the

t Ie. This is contempt in the presence of the Court and the Cour

i now holding you in contempt along with your other actions. I

h indicated that this is what you wanted to occur. You have n6

b en satisfied with any other decision except --

MR. EISENSTEIN; Sir, I have not --

THE COURT: -- causing it to occur.

MR. EISENSTEIN: -- requested that happen. I have -

42

Colloquy 4?

THE COURT: You will now stand up and place your --

MR. EISENSTEIN: Fine.

THE COURT:_ hands behind your back.

MR. EISENSTEIN: That's fine, sir.

THE COURT: And the officer will, in fact, handcuff

u. for your incarceration.

MR. EISENSTEIN: That's fine.

THE COURT: I'm going to ask you now is there anythi

your pocket that should not be there before you are taken

jail?

MR. EISENSTEIN: Money?

THE COURT: They'll take that and they'll inventory

MR. EISENSTEIN: That's fine, sir.

THE COURT: Now, I'm going to suggest to you as well

you cooperate with the officers, --

MR. EISENSTEIN: I will, sir.

THE COURT: the job's tough enough as you go over

t. a

t ere.

MR. EISENSTEIN: I have .THE COURT:

If you want -MR. EISENSTEIN: -- stuff

here, sir.

THE COURT:7 to identify -- if you want to identif

individual present here who can take your belongings meaning jou

p eadings and briefcase with them, please do so. I will

t at you cooperate with the officers,

Colloquy 43

.:~

THE COURT: You will now stand up and place your --

MR. EISENSTEIN: Fine.

THE COURT:- hands behind your back.

MR. EISENSTEIN: That's fine, sir.

THE COURT: And the officer will, in fact, handcuff

y u for your incarceration.

MR. EISENSTEIN: Thht's fine.

THE COURT: I'm going to ask you now is there anythi g

your pocket that should not be there before you are taken 0

t e jail?

MR. EISENSTEIN: Money?

THE COURT: They'll take that and they'll inventory

MR. EISENSTEIN: That's fine, sir.

THE COURT: Now, I'm going to suggest to you as well

.MR. EISENSTEIN: I will, sir.

THE COURT: ..the job's tough enough ..as you go over

t e.re.

MR. EISENSTEIN: I have .THE COURT:

If you want -MR. EISENSTEIN: -- stuff

here, slr.

THE COURT:_ to identify -- if you want to identif

a individual present here who can take your belongings meaning jou.

p eadings and briefcase with them, please do so. I will

IE

Colloquy1permit that.

MR. EISENSTEIN: Okay. Bill? Can you take it?

THE COURT: Okay. Nodding yes. Someone in the sec

MR. EISENSTEIN: Okay.

THE COURT:_ first row. All right. Now, in

ladditionIE

11

MR. EISENSTEIN: (Indiscernible)

THE COURT: -- to that I -- I'm going to require a

'remand for you on Monday, the 28th, --0

MR. EISENSTEIN: I don't know what that means.

THE COURT: It mean's that you'll be brought back to me )n

Monday, the 28th, at 1:30. I ' m going to establish a bail at th

Vtime in the amount of $2,500 cash. There will be no bond, just

cash payment, that will cause your release.

On the contempt hearing that matter will, in fact, be sent

.o another judge for determination of the contempt and, fact, an

_attorney will be appointed to. prosecutor you on that action.

All right. The Court's going to take a phone call from

Ilanother judge.You cooperate with the officer and remain where he tells

you.

MR. EISENSTEIN: I will.

THE COURT: To see -- the other individuals who

S

41

Colloquy

,'.

permit that.MR. EISENSTEIN: Okay. Bill? Can you take it?

THE COURT: Okay. Nodding yes. Someone in the secQ C

I

Ii

MR. EISENSTEIN: Okay.row --

THE COURT:.- first row. All right. Now, inaddi tion.-

MR. EISENSTEIN: (Indiscernible)

THE COURT: -- t.ot.hat I -- I'm going t.orequire aremand for you on Monday, t.he 28th,

MR. EISENSTEIN: I don't know what that means.

THE COURT: It means that you' 11 be brought back to me nlonday, t.he 28th, at l:30. I'm going to estab1ish a bail at t hti s

time in the amount of $2,500 cash. There will be no bond, just a

cash payment, that will cause your release.

On the contempt hearing that matter will, in fact, be sentto another judge for determination of the cont~mpt and, fact, anattorney will be appointed to. prosecutor you on that action.

IAll right. The Court's going to take a phone call from

,another judge. I.;

You cooperate with the officer and remain where he tellsyou.

MR. EISENSTEIN: I wi11.THE COURT: To see -- the other individuals who

'"