MMX-FA12-4018627-S

STATE OF CONNECTICUT

SUPERIOR COURT

JUDICIAL DISTRICT OF
MIDDLESEX

AT MIDDLETOWN,
CONNECTICUT

OCTOBER 22, 2014

TANYA TAUPIER

V.
EDWARD TAUPIER

BEFORE THE HONORABLE BARRY C. PINKUS, JUDGE

A P P E A R A N C E S :

Representing the Plaintiff:

ATTORNEY GERALDINE FICARRA
3 Scholes Lane
Essex, CT 06426

Representing the Defendant:

ATTORNEY ALISHA C. MATHERS
P.O. Box 465
Enfield, CT 06083

Recorded & Transcribed By:

Dana Wilson
Court Recording Monitor
One Court Street
Middletown, CT 06457

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(Proceedings begin at 2:19 p.m.)

THE COURT:

Good morning, everybody.

afternoon, I guess.

morning.

ALL:

THE COURT:

Good afternoon.

Good

Its not

Good afternoon, Your Honor.

All right.

Were here on Taupier,

its a status conference and I guess the case got

transferred here from

ATTY. MATHERS:

Hartford.

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ATTY. FICARRA:

Hartford.

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THE COURT:

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Hartford.

And I know it had trial

dates scheduled.

13

ATTY. MATHERS:

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THE COURT:

Yes, Your Honor.

I just walked up two flights of

15

stairs, so Im huffing and puffing.

16

failure from, like, 12:30 to - 11:30 to almost 1:00.

17

And some of the elevators for some reason havent

18

come back online, Im not sure.

19

puffing.

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continuance, and I just want to find out what we need

21

to do to move the case along if we can.

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We had a power

So Im huffing and

So theres a trial date, a request for a

ATTY. FICARRA:

Were ready to go.

We could try

it tomorrow.
ATTY. MATHERS:

Your Honor, Alisha Mathers for

Mr. Taupier, whos present in the courtroom.

THE COURT:

Good afternoon.

ATTY. MATHERS:

So heres the issue, currently

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there are two criminal charges pending in this court

that were also transferred from Hartford and it would

not be in my clients best interest to proceed in the

divorce trial, he wouldnt be able to testify and

there would be issues that potentially could impact

the criminal matter in one way or another, so were

looking for a court date that would occur after the

criminal matter is resolved.

five trial dates.

10
11

Theres a series of

This case, Im a newcomer to the

case -THE COURT:

So I dont even know whats an

12

issue.

13

substantial assets or not or whether - I mean, I

14

dont know whether its a matter thats easily

15

resolvable if the parties sit down and talk and --

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I dont know whether the parties have

ATTY. MATHERS:

It would not be, Your Honor.

17

Currently theres a protective order that is in

18

dispute that - turn it back a little bit.

19

months ago or so Mr. Taupier was charged with

20

voyeurism and a protective order issued only in the

21

last month for the wife and children now based on

22

this 18 month old case.

23
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25

THE COURT:

About 18

Theres no contact with the

children?
ATTY. MATHERS:

There is no - the criminal

26

court ordered by the way of protective order that

27

father's access to the children by -- through a third

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party as directed by the civil court.

Gold has restricted Mr. Taupiers ability to leave

the marital home, has limited his departure from the

house to only legal appointments and emergency

medical appointments, obviously court appearances.

So Judge Simn on an ex parte hearing ordered that

father have access with the children at Kid Safe.

filed on September 15th a motion, emergency motion

for order, a motion to modify because Judge Gold has

10

not decided to expand his ability to leave the house

11

for these visits, so fathers had no access with the

12

children.

13

THE COURT:

However, Judge

So if Judge Gold said that your

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client that could go to Kid Safe and see - how many

15

kids are there?

16

ATTY. MATHERS:

17

THE COURT:

Two.

And so if Judge Gold says that they

18

can go to Kid Safe - that dad can go to Kid Safe to

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see the kids, he could do that?

20

ATTY. MATHERS:

Well, that Judge Gold could

21

certainly do that, however, we also have the problem

22

with the fact that Mr. Taupiers employment has been

23

terminated due to these arrests and hes unable to

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secure additional employment at this time because he

25

has high security clearance.

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house to work, that was one of the restrictions as

27

well.

He cant leave the

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THE COURT:
focused on --

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But right now Im focused - were

ATTY. MATHERS:

About how he would fund Kid Safe

is the point I was getting at.

THE COURT:

ATTY. MATHERS:

that session would cost.

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THE COURT:
dont know.

How much does that cost?

Honestly, I don't know how much

Do they have a sliding scale, I

I mean, if the kids should see - if the

10

kids are supposed to see their father, if its in

11

their best interest to do so, they should see their

12

father.

13

ATTY. MATHERS:

14

THE COURT:

15

And absolutely agree with you.

You know, visitation is not for the

mother or for the father, its for the kids.

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ATTY. MATHERS:

17

THE COURT:

Correct.

So if its in the kids best

18

interest that they see their father they should do

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that.

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ATTY. MATHERS:

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THE COURT:

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ATTY. MATHERS:

Absolutely.

So Our suggestion would be that the

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children be able to be - have visits at the home

24

where father is if Judge Gold is not agreeable to

25

allowing him to -

26

THE COURT:

How old are the kids?

27

ATTY. MATHERS:

Are they --

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THE DEFENDANT:

THE COURT:

ATTY. MATHERS:

Nine and eight.

Nine and eight, thank you.

We did - Mr. Taupier did

receive an e-mail from the childrens therapist

where - that indicated that the children are really

in crisis right now because they havent had access

with their father.

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THE COURT:

All right.

Is your clients

position that the kids shouldnt see their father?

ATTY. FICARRA:

Not at all.

Theres a court

11

order from Judge Simn, which was not at an ex parte

12

hearing as such, it was on the comeback day of an ex

13

parte hearing, and the reason that the kids were in

14

crisis is not because theyre not seeing their

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father --

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THE COURT:

Well, I don't want to know because I

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dont want to know too much, because if I have to try

18

the case I dont want to know too much of the stuff

19

thats not evidence, okay.

20

ATTY. FICARRA:

21

THE COURT:

Okay.

So --

So the question is, if the kids

22

should see their father you guys need to figure out

23

how to do that.

24

ATTY. FICARRA:

Well, there is access right now.

25

There are two telephone calls every week pursuant to

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Judge Simns order.

27

THE COURT:

Yeah.

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ATTY. FICARRA:

And the order was for visitation

in a therapeutic setting.

Mr. Taupier --

THE COURT:

ATTY. FICARRA:

Yes.

ATTY. MATHERS:

I believe the order was - it

And thats Kid Safe?

was supervising agency.

THE COURT:

ATTY. MATHERS:

THE COURT:

10

Is it in here?
I have a copy.

I have the file.

Whats the date of

it?

11

ATTY. MATHERS:

12

THE COURT:

September 2nd.

Then I have it here because we have

September 2nd, okay.

13

the file.

14

contact with the kids for 15 minutes between 6:00 and

15

7:00 on Friday and Sundays.

16

visitation every Wednesday from 4:00 p.m. to 4:30,

17

starting and lasting two hours, every Saturday.

18

right.

19

Saturdays.

20

and dad shall be supervised by Kid Safe in Vernon or

21

an alternative program as agreed to by the parties.

22

So theres a mechanism for him to do that.

23

So he has telephone

Okay.

Supervised

All

So theres visitation Wednesdays and

Moms going to take the kids to Kid Safe

Now, what I find in a lot of cases that get off

24

track, okay, and this case may have gotten off track,

25

okay, is that for some reason people don't visit

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because they think that the impediments on the

27

visitation are too difficult and they dont, they

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dont feel that they should be burdened by those

impediments when the key is for them to visit, and

well deal with those at a later point.

ATTY. MATHERS:

And, Your Honor, I absolutely

agree with you 100 percent.

But the problem we have

is that Judge Gold has not to date modified his

ability to leave the marital home, he is on 27/7

lockdown and the judge has given no indication - we

were just in court earlier this week - theyre

10

writing briefs for a Fernando hearing, which wont be

11

argued, if its found, until November, so hes not

12

seen --

13

THE COURT:

So if somehow I can persuade Judge

14

Gold that dad should be allowed to go - that the

15

kids [sic] should be allowed to see the kids at Kids

16

Safe would your client find it, although Im sure

17

hes not happy that thats the hoop he has to jump

18

through, will your client do that?

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ATTY. MATHERS:

Again, youre absolutely right,

20

hes not going to be happy but he wants to see his

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children so hell do whatever.

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THE COURT:

Right.

23

ATTY. MATHERS:

But we also have the issue of

24

hows it going to be financed if Kid Safe is - it

25

does not have a sliding scale, is unreasonable, he

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has no income at this point.

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THE COURT:

Okay.

And you have no problem with

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him seeing the kids at Kid Safe?

ATTY. FICARRA:

I have no problem with following

Judge Simns order.

THE COURT:

ATTY. FICARRA:

Okay.

All right.

So -

And Your Honor, just -

(Defendant speaks from gallery - undiscernible.)

THE COURT:

Well let your lawyer talk.

Not to

say that youre not important, but - and if you need

to talk --

10

ATTY. MATHERS:

Oh, you know what, the e-mail.

11

Sorry, and hes right.

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mail, and I think I have the e-mail, if not I can

13

pull it up, that they werent able to take father.

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THE COURT:

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If you want to sit next to your

lawyer youre entitled to do that, sir.

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Judy Clark had sent an e-

ATTY. MATHERS:

Yeah.

Why dont you come up

here.
THE COURT:

You can come and sit next to your

lawyer.

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THE DEFENDANT:

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THE COURT:

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THE DEFENDANT:

Thank you.

I mean, you are a part of this case.

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Thank you.
(Pause)

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THE COURT:

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ATTY. MATHERS:

Judy Clark, she runs Kid Safe.

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ATTY. FICARRA:

She appears to run, lets see,

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in Vernon.

And thats an e-mail from who?

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ATTY. MATHERS:

But I believe thats the only

Kid Safe facility that is Kid Safe.

THE COURT:

Now, if money is a problem -

ATTY. MATHERS:

THE COURT:

Yes.

-- and Im getting ahead of myself

here because the other aspect is that we need to find

out how were going to dispose of the whole case, but

in the meantime to try to fix this temporarily, is

there some program, for instance, I know they dont

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live close to it but Southern Connecticut State

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University has a supervised visitation program with a

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sliding scale, I dont know if there is something in

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the Vernon area that does that, whether Kid Safe has

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a sliding scale, if your client has no income, you

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know, its not fair to the children -

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ATTY. MATHERS:

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THE COURT:

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Absolutely.

-- that they don't see their father

if its in their best interest to do so.

ATTY. MATHERS:

Kids Safe, I believe, is the

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only organization in that area.

There is Klingberg

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that does have, I believe, grants from Family

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Relations in Hartford, but Im not sure their

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availability, how fast we could get them in.

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guess, in addition to the finance being concerned, if

25

there is a waiting period.

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mother be agreeable to having a neutral person come

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to the home, I mean, even I - again, were still

I mean, is there -- would

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going to have the problem of finances --

THE COURT:

I don't know.

ATTY. MATHERS:

THE COURT:

I mean, his father --

I suppose thats - because the

order - and thats not up to me really.

The order

that Judge Simn entered says it can be supervised

Kids Safe in Vernon or an alternative program as

agreed upon by the parties attorneys.

it can be anything, any program that you all agree

So that means

10

on, okay.

So that means the answer is yes, if you

11

agree on it, it can be at dad's home with a

12

supervisor there if you agree on it, okay.

13

answer is yes, okay.

14

figured out.

15

party that you both trust, that both mom and dad

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trust who can do that, who the kids are comfortable

17

with, that makes a lot of sense, but I dont know

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thats the case.

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is to get Judge Gold - because right now the order

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that Judge Gold has entered won't let dad follow this

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order.

So in any event, what I need to do

ATTY. MATHERS:

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THE COURT:

25

So thats what has to be

So if you have - if there is a neutral

22

24

So the

Correct.

And he doesnt need to get arrested

for violating Judge Golds order, we agree with that.

ATTY. MATHERS:

Correct.

And, in fact, we only

26

have permission for him to be here today because he

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didnt expand the protective order to include family

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court appearances.

THE COURT:

Well, okay, so we need to do that.

So we need to - it doesnt just say court

appearances, it just says criminal court?

ATTY. MATHERS:

THE COURT:

I can look on that.

Okay.

So we need to make sure that

the order is to - so we need to expand -- when are

you going to see him again, Judge Gold?

THE DEFENDANT:

The 31st.

10

ATTY. MATHERS:

The 31st - well, no, not

11

necessarily.

12

November 3rd.

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14

They have - not till the week of

THE COURT:

Okay.

So to allow family court

appearances.

15

ATTY. MATHERS:

16

matter and thats --

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THE COURT:

And that would be the criminal

And to facilitate visitation with

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the minor children pursuant to the dissolution file,

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okay.

So I need to get him to do that.

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ATTY. MATHERS:

21

THE COURT:

Yes.

And so assuming I can convince him

22

to do that, then you guys have to figure out how

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either hes going to afford Kid Safe or who youre

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third party visit - how youre going to work that

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out.

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27

ATTY. MATHERS:
going to be an issue.

Okay.

And that is probably

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THE COURT:

Okay.

ATTY. MATHERS:

We can make the proposal that

Mr. Taupier's father watch the children -

supervise --

THE COURT:

Whatever you agree --

ATTY. MATHERS:

Well, I want to put it on the

record so that Attorney Ficarra can bring it back to

her client, but my concern is he hasn't seen the

children in a very long while and I dont want to

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wait much longer for him to have access.

THE COURT:

My general view, and I said this

12

many, many times, that assuming its in the best

13

interest of the children, you have to hear both

14

sides, assuming its in the best interest of the

15

children, the kids should see both parents as much as

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possible.

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Now Im not up to speed as to all of the reasons why

18

all these orders are in place, I really am not, but

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in any event, assuming the kids are not at risk from

20

whatever caused dads problems, real or whatever they

21

are, but I mean they are impediments, assuming the

22

kids were not at risk then it seems like calmer heads

23

can prevail.

24

attorneys fees and we figure out how these kids get

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to see dad.

26

at his house, supervised by a third party, his

27

father.

So assuming its in the best interest.

We dont spend a lot of money on

And so hes suggesting the visitation be

Maybe you have somebody you can talk to your

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client and agree to and suggest.

then you have to get back to - we have to get back

to Judge Gold and get that changed.

ATTY. MATHERS:

THE COURT:

back to him on?

Yes, Your Honor.

All right.

ATTY. MATHERS:

THE COURT:

ATTY. MATHERS:

But in any event,

And so youre coming

The -- oh, boy.

If --

The week after next.

If -- thats assuming that the

10

Fernando hearing -- that theres -- that they dont

11

vacate that order of protection, and so if theres a

12

Fernando hearing itll be heard the week of November

13

1st.

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15

THE COURT:

Well, arent you entitled to a

Fernando hearing?

16

ATTY. MATHERS:

Well, yes and no.

If theres an

17

issue of whether or not the judge had the authority

18

to enter the protective order initially and then the

19

timeliness of the request for Fernando hearing, so

20

that -- those two issues are being briefed by both

21

states attorney and Attorney Baird.

22

THE COURT:

All right.

But in any event youre

23

not going to be back in front of Judge Gold either to

24

have him rule on that or --

25

ATTY. MATHERS:

Yeah.

I believe its going to

26

be the week of -- somewhere in that week of November

27

1st.

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THE COURT:

All right.

And so I'm going to talk

to Judge Gold and tell him that the mother has no

objection to complying with the court order regarding

access and that he should -- that theres no

objection to the mother in modifying the criminal

protective order to comply with the visitation as

ordered in that case.

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ATTY. FICARRA:

Correct?
Yes.

I mean, right now Mr.

Taupier cannot see the children because he cant

10

leave the house to see the children.

11

willing to follow Judge Simns order.

12

THE COURT:

Right.

So, yes, were

So we need to let -- so,

13

fine.

14

has no objection to modifying that order to allow him

15

to have access with his children in accordance with

16

Judge Simns order?

17
18

So I can let Judge Gold know that the mother

ATTY. FICARRA:

ATTY. MATHERS:

20

THE COURT:

22
23
24

It doesnt say therapeutic.

It doesnt say therapeutic, it says

supervised.
ATTY. FICARRA:

Supervised, okay.

A supervised

environment.
THE COURT:

It says supervised.

25

says, whatever it says --

26

ATTY. MATHERS:

27

In a therapeutic

environment.

19

21

Right.

other --

Whatever it

It said Klingberg or other,

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THE COURT:

It says it can be --

ATTY. MATHERS:

THE COURT:

Not Klingberg, sorry.

-- it doesnt even have to be in a

program, its whatever --

ATTY. MATHERS:

THE COURT:

Kid Safe or whatever.

-- you guys agree to.

It says,

father shall be -- it says, shall be -- or an

alternative program as agreed upon by the parties

attorneys.

Okay.

It could be whatever you agree to,

10

okay.

11

hes letting you guys order your own lives.

12

talk to Judge Gold about that.

13

Thats what Judge Simn said, all right.

Now, the other issue is the trial.

So

So Ill

I dont know

14

if theres a lot of finances or whether discovery

15

needed, you say youre new to the file, you say

16

that -- I understand that.

17

ATTY. MATHERS:

Judge Simn had also ordered

18

that the parties do a Special Master's, attempt a

19

Special Masters before a trial.

20

this trial was supposed to be in November, so we were

21

supposed to get it between now and then.

22
23

THE COURT:

Do you have a Family Relations'

report?

24

ATTY. MATHERS:

25

know how to answer that.

26

incomplete report.

27

Originally, again,

ATTY. FICARRA:

No.

We have -- well, I dont

Family Relations has an

Because Mr. Taupier didn't

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cooperate.

ATTY. MATHERS:

THE COURT:

ATTY. FICARRA:

No, no.

ATTY. MATHERS:

Theres a --

THE COURT:

Well, right now he cant, I suppose.

No.

This was before.

I cant deal with before, but right

now could we get it finished?

ATTY. MATHERS:

THE COURT:

10

Well --

It depends on Family Relations.

Okay.

ATTY. MATHERS:

And it would also require, I

11

believe, for the Family Relations to observe him

12

in -- with the children, I would presume in the

13

house, to see how they interact.

14

THE COURT:

15

THE DEFENDANT:

16

THE COURT:

17

How long were mom and dad married?

Ten years.

Ten years.

Okay.

And Gabriel is

going to be nine next week?

18

THE DEFENDANT:

19

THE COURT:

20

THE DEFENDANT:

21

THE COURT:

Thats correct.

And Sarah is seven and a half?

Correct.

Okay.

So nine and seven and a half,

22

mom and dad lived together until not too long ago.

23

What happens in a lot of cases, and I cant -- is

24

that they get to a frenzy of emotions and that's not

25

good, okay.

26

the spring a little bit, use some good common sense

27

and see if you can resolve the case.

So we need to figure out how to unwind

If you cant

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Im not going to wait until the criminal case is over

because I dont know how long thats going to take.

ATTY. MATHERS:

A motion for a speedy trial has

been filed and that also should be dealt with around

the same time theyre going back for --

THE COURT:

Well, my goal would be -- I mean,

theres a case that deals -- theres a case called

Tyler v. Shenkman-Tyler, which is 115 Conn. App. 521,

2009 Appellate Court, similar issue, and it talks

10

about the things that I have to consider and it also

11

talks about the fact that usually in a family case

12

there is good reason to move it along because the

13

family needs to move on.

14

public policy argument that these cases should be

15

pursued, no ones going to compel him to testify,

16

okay, thats his decision, he can call other

17

witnesses, he can call whoever he needs to call to

18

present his case.

19

I mean, theres a good

He can do that.

ATTY. MATHERS:

I think that would put him at a

20

severe disadvantage, Your Honor, because he would

21

provide valuable insight and testimony that wouldnt

22

be able to come through another person necessarily.

23

THE COURT:

Does mom work?

24

ATTY. FICARRA:

Mom works.

25

ATTY. MATHERS:

And we were talking about issues

26

of custody and access that are in dispute as well,

27

Your Honor, and my client cant have somebody else

18
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testify about his relationship with the children and

the intimate levels.

issues, theres the breakdown of the marriage, why

did it breakdown, his reasons, her reasons, some of

the things overlap with the two -- well, specifically

theyre probably going to call into question some

safety concerns and guns and mental health issues or

whatnot and we have the criminal matter pending.

ATTY. FICARRA:

I mean, theres financial

Well, Your Honor, theres no

10

reason why we cant deal with getting them divorced,

11

separating their assets and then deal with a custody

12

issue later when Mr. Taupier is willing to cooperate

13

with Family Relations, do a complete study, et

14

cetera.

I mean, its basically a bifurcation.

15

THE COURT:

16

THE DEFENDANT:

No.

17

ATTY. MATHERS:

We have a business and we also

18

Do we have a lot of assets?

have --

19

ATTY. FICARRA:

We have enough.

20

ATTY. MATHERS:

-- also they would be inquired

21

as to why -- why certain things went back into the

22

home.

23

THE COURT:

24

ATTY. FICARRA:

25
26
27

Well, we all agree -Im sorry.

I didnt hear what

counsel said.
ATTY. MATHERS:

Why certain things were

returned -- were brought back home, that those

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specifically need to be inventoried for financial

reasons.

THE COURT:

But, I mean, theres a house?

ATTY. MATHERS:

Theres a house, which we need

financial orders in because hes -- there were orders

that --

THE COURT:

Fine.

But the assets are theres a

house, do we agree on what its worth and whats owed

on it?

10

ATTY. FICARRA:

Yes, I believe so.

11

ATTY. MATHERS:

I don't even know.

12

THE COURT:

13
14

Okay.

Or youre close.

Is there

any other asset besides the house?

ATTY. MATHERS:

Well, theres money being held

15

by a previous attorney for roof repairs in the sum of

16

20,000.

17

THE COURT:

How much?

18

ATTY. FICARRA:

Seventeen thousand, 17,000.

19

ATTY. MATHERS:

Twenty seven.

20

THE COURT:

With all due respect, I dont want

21

you spending all of your money on attorneys.

22

I say this all the time Im not just picking on the

23

two of you, I say it all the time.

24

ATTY. MATHERS:

25

THE COURT:

I mean,

So, please.

Ive heard it before.

Okay.

I say it all the time,

26

because I had a case that I tried in Bridgeport over

27

the summer where the parties $450,000 on attorneys

20
1

fees and they were arguing at the time of trial who

was going to pay for the kids extra-curricular

activities and my comment to them was, if you had

taken $50,000 out of the attorneys fees and put it

in a trust fund that this kid could have participated

in every extra-curricular activity he ever would have

wanted and you would have had enough money left over

to pay towards something else too.

goal is not to make this case any more difficult,

10

its with all due respect, its not a complicated

11

financial picture, assuming both parties want to get

12

divorced, which at this point probably is the case,

13

but youd be surprised some people dont, but

14

assuming both people want to get divorced, use your

15

good common sense, if you can't agree on some things.

16

All right.

So my

I mean, the things youre talking about are all

17

important, Im not suggesting theyre not, everything

18

youre saying is important, everything youre saying

19

counts, but we get the Taupiers to move on with their

20

lives, the children get out of this pressure cooker

21

eventually in the not too distant future they have a

22

normal and healthy and active relationship with their

23

father.

24

ATTY. MATHERS:

And that, you know, certainly

25

would be ideal, but we also deal with -- some of the

26

financial issues are going to be related to the

27

childrens expenses and it -- fathers looking for a

21
1

shared parenting because of his desire to equally

parent the children as --

THE COURT:

Well, he may get that.

ATTY. MATHERS:

Right.

But that would -- so I

guess my thought is going with Attorney Ficarras

thought to bifurcate it, the Court could be ordering

financial orders that --

8
9
10

THE COURT:

When will you be ready for a Special

Masters?
ATTY. MATHERS:

I honestly probably wouldnt be

11

ready for Special Masters until right -- the first

12

week -- the week were scheduled to start trial.

13
14

THE COURT:

Well, were not going to try the

case in November.

15

ATTY. MATHERS:

16

THE COURT:

17

ATTY. FICARRA:

18

THE COURT:

19

ATTY. FICARRA:

20

THE COURT:

21

ATTY. FICARRA:

Okay.

Okay.

Because --

Were not?

-- youre brand new in the case.

Were not?

I dont know that youre ready.

Your Honor, shes the fourth

22

lawyer in this case, and thats been -- that has been

23

the pattern here.

24

then there are continuances that are requested.

25

THE COURT:

We get to a critical point and

Well, I mean, Im inclined to give

26

them a short continuance, not long.

27

wait for the end of the trial.

Im not going to

What they did in the

22
1

Tyler-Shenkman case is they gave them three months to

get organized to deal with whatever they had to deal

with to deal with the Fifth Amendment privilege.

what I would say is were probably going to schedule

this case for some time in end of January early

February, that gives you plenty of time to get on

board.

that the finances in this case are something that can

be unscrambled without a great deal of trouble

So

My hope is in that time youll all realize

10

because were not dealing with millions of dollars,

11

right?

12

ATTY. FICARRA:

13

THE COURT:

Right.

Right.

That could probably be

14

unscrambled.

The kid issues are something that

15

unfortunately may be a process rather than a final

16

resolution at the divorce.

17

ATTY. MATHERS:

18

THE COURT:

Understood.

There may be a program, you know,

19

when this happens, fine, well have to come back when

20

this set of facts, you know, resolves itself, you

21

know, so, which happens often.

22

you know, that dad has whatever type of visitation.

23

It may be appropriate in the not too distant future

24

that this visitation be unsupervised visitation, you

25

know, I dont know what the issue is, and if your

26

goal is to get something more than that that may be

27

something that takes a little bit more time.

Its a process that,

23
1

ATTY. FICARRA:

THE COURT:

ATTY. FICARRA:

And cooperation, Your Honor.

But they cant talk to each other.

I dont mean with each other.

mean cooperation with Family Relations.

that Family Relations could not, would not make a

recommendation is that there was no cooperation by

Mr. Taupier.

8
9

THE COURT:

The reason

There may not have been, but I have

to tell you I looked at the file and I dont know

10

that you had a contested hearing on hardly anything

11

until recently.

12

looking at this is just about everything in this file

13

that came to court on, and I dont know if you

14

were -- were you the lawyer from the beginning?

I think -- my recollection of

15

ATTY. FICARRA:

16

THE COURT:

17

From the very beginning.

Just about every time you went to

court didnt you leave with an agreement?

18

ATTY. FICARRA:

We actually did, yeah, and it

19

was usually putting out fire, we came in for one

20

fire, put out another fire, you know, but, yes, we

21

did.

22

THE COURT:

But the history of this case that I

23

can see, with all due respect, is that most, until

24

recently, most of the conflicts were resolved by an

25

agreement.

26

ATTY. MATHERS:

Yes, Your Honor.

27

ATTY. FICARRA:

Thats true.

24
1

THE COURT:

Okay.

So, you know, I don't see why

that can't continue in the future and if that's done

the kids win, which is the most important thing,

because we want the kids to get out of this -- as

close to being unscathed as possible, thats always

our goal and quite often they do not always, but our

goal is to make sure that they suffer as, you know --

ATTY. MATHERS:

THE COURT:

As little as possible.

-- as little as possible and then we

10

want the parties to go on with their lives.

11

client wants to go on with her life, right?

12

ATTY. FICARRA:

13

THE COURT:

Your

Very much so.

Very much so.

Very much so.

Im

14

confident that if you use the same skills and

15

understand and have confidence in the process and

16

have respect for the process and understand that it

17

is a process, okay, if everyone has that then you can

18

get through this, okay.

19

good faith, respect -- both sides need to respect

20

whatever agreements they reach, understand that

21

theres some consequences if they dont respect the

22

agreements, understanding, and I say this a zillion

23

times, that this is not a battle to be won between

24

mom and dad.

25

youve heard me say this, this is not a battle to be

26

won, this is a problem to be solved, okay.

27

Taupier family has a problem right now, we have to

But you have to all deal in

If youve appeared in front of me

The

25
1

solve the problem in a way that they can go on with

their lives.

work someday in the not too distant future, can start

earning, can be productive, can be contributing

towards, you know, whatever he has to contribute

towards.

7
8
9
10
11

Okay.

ATTY. FICARRA:

So Mr. Taupier can go back to

Mr. Taupiers worked at home for

years.
ATTY. MATHERS:

He has not ability to get a job

at this time and -- well, Ill leave it at that.

THE COURT:

Okay.

Well, whatever he -- my guess

12

is, is that whatever -- I mean, I wouldnt be

13

surprised, honestly, if the restrictions based upon

14

him didnt have some effect on his ability to earn.

15

ATTY. MATHERS:

16

go to work when he had --

17

THE COURT:

The judge revoked his ability to

Okay.

I mean, I would be surprised

18

if there wasnt some impact upon him, whether its

19

substantial, and I dont know, but I would imagine

20

theres some impact.

21

to do then --

22
23
24
25
26
27

ATTY. FICARRA:

But so this is what were going

And just to say, this is not of

our making.
ATTY. MATHERS:

I dont think I was suggesting

that it was.
THE COURT:

Im not blaming anybody.

I mean, if

thats the thing if we start blaming people, if dad

26
1

says its all moms fault and mom says its all dads

fault I can't change the path, I cant change what

got you all here, okay, whatever it is it is, okay.

4
5

ATTY. FICARRA:

Whats keeping Mr. Taupier home

right now is the case where Judge Bozzuto --

ATTY. MATHERS:

THE COURT:

No.

I would object to -I mean, I just know some basic,

I know that theres an issue, it doesnt concern me

about the case, Im not involved in that.

Ive tried

10

to stay away from whatever the facts are in the case

11

because Im going to decide this case, if I decide

12

it, based upon what happens in these four walls not

13

what, you know -- so I havent -- Im basically

14

clueless as to the basic, underlying stuff because

15

thats how I get through life.

16

ATTY. MATHERS:

17

THE COURT:

Okay.

Sometimes (indiscernible).

But in any event, I dont have a dog

18

in the show or a horse in the race, you know.

19

dont have an interest other than to have the parties

20

enter fairly an agreement, you know.

21

event, if whatever happens if your client wants to

22

settle this case and move on I think we can

23

accomplish that, and if your client has the same

24

goal, if they both have the same goal we can

25

accomplish that.

26
27

ATTY. FICARRA:

So in any

We filed proposed orders,

settlement proposed orders.

27
1

THE COURT:

Okay.

theyll review them.

Have you seen them?

ATTY. MATHERS:

5
6
7
8
9
10
11
12
13
14
15
16

ATTY. FICARRA:

ATTY. MATHERS:

my e-mail -ATTY. FICARRA:

They were e-mailed to you

yesterday.
THE COURT:

So thats a good starting point,

right?
ATTY. MATHERS:

Dont always check my e-mail

every day, but yes, thats a great start.

ATTY. MATHERS:

22

I have not -- Ive been in

Manchester court all morning, so I have not looked at

18

21

They were e-mailed to you

yesterday.

THE COURT:

20

Im not -- unless theyve been

submitted --

17

19

Well, then Im sure that

Thats a good starting point.

Yes.

And my lesson is to check

my e-mail every single day.

THE COURT:

So is it the case that your client

cant come here except for the criminal case?

ATTY. MATHERS:

The issue is the protective

23

order that precludes him from being within 100 feet

24

or 100 yards of the wife and being in the same

25

courtroom wasnt necessarily carved out and we dont

26

want any issues.

27

THE COURT:

Okay.

So we can't schedule a

28
1
2

Special Masters pre-trial, so -ATTY. MATHERS:

to permit that.

THE COURT:

Without Judge Gold modifying it

And as a result we couldn't try this

case next month because, I mean, unless Judge Gold

changes his order, you know, he couldnt be in the

same courtroom with your client at the time of the

trial.

9
10
11

Right?

ATTY. FICARRA:

I thought that the courtrooms

were a free-fire zone.

THE COURT:

Not necessarily, not unless it says,

12

you know, sometimes yes, sometimes no.

13

event, so this is what were going to do, Im going

14

to talk to Judge Gold about amending -- okay.

15

right.

16

So in any

All

Im told that from the clerk or actually my

17

caseflow coordinator, we can try this case January

18

26th through the 30th or February 23rd through the 27th

19

in 2015.

20

the 30th of January or the 23rd to the 27th.

21

to let you talk to him without me being here.

22

can do a Special Master's in early January.

23

should give you all the time to get those orders

24

changed with Judge Gold so that he can have access to

25

his kids in the meantime.

26

ATTY. MATHERS:

27

Those days are available, the 26th through

Okay.

Im going
And we

And that

Could there possibly be

at least a contact date back if were unable to reach

29
1

an agreement outside of -- well, I guess first it

being how long are we going to give Judge Gold to

make a decision regarding his ability to leave the

house, I dont want to put pressure on him, but I

dont want to wait three weeks for him to make a

decision and then decide not to and then have to try

to find an agreement -- get an agreement about where

were going to do the visits or whos going to be

doing the visits.

10

ATTY. FICARRA:

Were going to be in court

11

anyway because now Im forced to make some motions

12

for contempt that I was hoping to have heard at the

13

trial.

14

THE COURT:

But, okay.

We need to put the

15

swords away and try to resolve this case.

16

you know, thats the key here is that -- so in any

17

event, Ill be happy to get you back here for a

18

status conference in a few weeks if you want.

19

ATTY. MATHERS:

Yeah.

I mean,

I mean, I just certainly

20

dont -- you know, the holidays are coming, I

21

certainly dont want to delay this, the kids are -- I

22

mean, they are in crisis and they need to have

23

access.

24

THE COURT:

I mean, you need to talk to your

25

client, but the order, the protective order has

26

nothing to do with anything he did with the kids,

27

right?

30
1

ATTY. MATHERS:

Correct.

THE DEFENDANT:

No.

THE COURT:

ATTY. FICARRA:

THE COURT:

Right?
Right.

Okay.

So the kids are not victims

of any offense, theres no accusation that his

behavior to the kids is inappropriate.

ATTY. FICARRA:

Correct.

ATTY. MATHERS:

Correct.

10

THE COURT:

Okay.

So with all due respect, that

11

makes this a whole lot easier and calmer heads should

12

prevail in working out access between dad and the

13

kids.

14

respect, if the kids were a victim of bad behavior

15

then in that case, no doubt about it, this would be a

16

lot harder.

If the kids were a victim, with all due

17

ATTY. MATHERS:

18

THE COURT:

Absolutely.

But theres no allegation that I

19

heard from the two of you that the kids are victim of

20

anything that dad has done, so the key now is it's

21

easy, you guys have to use calmer heads, you have to

22

just figure out how to solve the problem.

23

money issues, you know, I dont know the answer as

24

to, you know, I dont know all the facts, I dont

25

know any of the facts about the money to be honest

26

with you so I dont know anything about that.

27

contempt is what, money issues?

If theres

Your

31
1

ATTY. FICARRA:

Yes, that Mr. Taupier was

supposed to be paying half of the mortgage, my

clients paying half of the mortgage.

I know the complaint here is he doesnt have -- he

just paid $75,000 to get himself out on bail, hes --

You know, and

ATTY. MATHERS:

Borrowed.

ATTY. FICARRA:

-- had about eight attorneys

now, I mean, come on.

ATTY. MATHERS:

10
11

THE COURT:

Okay.

ATTY. FICARRA:

13

THE COURT:

16

THE COURT:

19

against him.
ATTY. FICARRA:

21

ATTY. MATHERS:

24

Well, in any event thats true.

And (indiscernible)

modification.
THE COURT:

He does have an obligation, so let

him know.

25

ATTY. MATHERS:

26

THE COURT:

27

No, but there's money there and

hes got an obligation to follow court orders.

THE COURT:

23

Absolutely.

So we certainly cant hold that

20

22

And so he has a right to do

that.
ATTY. FICARRA:

18

Absolutely.

Okay.

15

17

Well, he has a right to post

bail.

12

14

Im cheap.

Yes.

That he does have an obligation to

follow the court orders, that we dont want Rome to

32
1

burn down while you guys are fiddling around, okay.

Please.

ATTY. MATHERS:

THE COURT:

Yes, Your Honor.

All right.

Will you please

understand that.

ATTY. MATHERS:

THE COURT:

Yes.

You know, I want everyone to

understand that when they come here, mom and dad are

both going to get as fair a shake as I can possibly

10

give them.

Theyre going to try to get through this

11

and in order for that to happen they all have to

12

follow the rules.

13

ATTY. MATHERS:

14

THE COURT:

Yes, Your Honor.

Okay.

So youre going to pick some

15

dates from Michael for the trial, either January or

16

February, and a date for a Special Master's pre-

17

trial.

18

can schedule -- Im going to figure out from him how

19

he contacts you to get you back into court to change

20

these orders to allow that.

21

dad and the kids it seems to me as though you guys

22

can figure out some sort of supervised parenting plan

23

with some third party that doesnt cost anybody any

24

money.

25

I'm going to talk to Judge Gold and then you

Okay.

If theres no issue with

It should be able to work.

ATTY. FICARRA:

Not necessarily.

Right?

It depends, I

26

mean, if we put our heads together maybe we can find

27

some angel that can come in and --

33
1

THE COURT:

Well, he says his father.

ATTY. MATHERS:

I can supervise.

ATTY. FICARRA:

Well, thats a problem.

THE COURT:

ATTY. FICARRA:

THE COURT:

ATTY. FICARRA:

Huh?
No.

Youre not supervising.

Youre not going to supervise.

Thats a great idea.

THE COURT:

Then you can be a witness.

No.

10

ATTY. MATHERS:

11

THE COURT:

But, I mean -Oh, like this.

No.

I mean, or you need to do a

12

little bit more homework.

13

is tight we dont need to spend it on third parties

14

if the kids have not been at risk from dad.

15

ATTY. MATHERS:

16

THE COURT:

But in any event, if money

Agree.

I mean, again, thats the deal.

All

17

right.

18

month to see how everything is going, and so if we

19

get you back here on, you know, whats today the

20

22nd, one, two, three, like, three or four weeks,

21

like either the 12th or the 19th, probably the 19th at

22

two oclock for an updated status conference to find

23

out where were going.

24

the lawyers are going to be respectful and polite to

25

each other, as Im sure that they will be.

26
27

So we need to get you back here sometime next

ATTY. MATHERS:
each other.

We are.

And in the meantime you guys,

Were always very respectful to

34
1

THE COURT:

Good.

I mean, shes been doing this

a little bit longer than you, but youve been doing

this long enough to know, you know, that neither one

of you have a personal interest in this case.

know, youre only interest is a professional

interest, be polite and respectful to each other,

always tell the truth and the case goes on.

8
9

ATTY. FICARRA:

You

We still need to have some --

were going to be in same the position, respectfully,

10

when we come back here.

11

Relations study thats completed.

12

I have a financial affidavit thats ready to be

13

filed.

14

order for protection on that so it doesnt end up on

15

the Internet like so many other things that have come

16

out of this case.

17

back in the same position when we come back.

18

We still won't have a Family

I have issues with

Im going to ask the Court for some kind of

THE COURT:

You know, were going to be right

Well, let me tell you something,

19

everythings going to be on the internet starting in

20

December, okay.

21

ATTY. MATHERS:

Are we e-filing for family?

22

ATTY. FICARRA:

Yes.

23

THE COURT:

24

Yes.

the Internet.

25

ATTY. MATHERS:

26

THE COURT:

27

So everythings going to be on

Oh, Lord.

Very soon.

So, Im sorry.

And

listen, I always tell people don't put anything in

35
1

the file that you don't want to see on the front page

of The Hartford Courant, okay.

and particularly when there are kids involved because

the stuff, he maybe knows more about the Internet

than I do or most people know more about the Internet

than I do, but my understanding is that stuff hardly

ever goes away.

THE DEFENDANT:

THE COURT:

I tell that to them

Its never gone.

Yeah.

So its never gone, so the

10

deal is you dont want your kids to come across this

11

craziness someday and somebody will embarrass them

12

with it when theyre old enough, so keep that in mind

13

that not only are you impacting yourself and your

14

spouse but youre impacting your kids forever.

15

everyone, you know, just understands, again, last

16

time and then Im going to leave you with the clerk.

17

Problem to be solved, okay, and if you can figure

18

that out and understand that, you know, you can deal

19

with this.

20

here on the 19th at 2:00.

21

ATTY. MATHERS:

22

So go get some dates, well see you back

THE COURT:

24

ATTY. MATHERS:

25

THE COURT:

27

19th at 2:00.

Thank you, Your

Honor.

23

26

So if

And Im going to talk to Judge Gold.

Thank you.

All right.

Recess.

(Proceedings end at 2:57 p.m.)

MMX-FA12-4018627-S

STATE OF CONNECTICUT

SUPERIOR COURT

JUDICIAL DISTRICT OF

TANYA TAUPIER

MIDDLESEX
V.

AT MIDDLETOWN,
CONNECTICUT

EDWARD TAUPIER

OCTOBER 22, 2014

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

I hereby certify the foregoing pages are a true and

correct transcription of the audio recording of the abovereferenced case, heard in Superior Court, Judicial District of
Middlesex, Middletown, Connecticut, before the Honorable Barry C.
Pinkus, Judge, on the 22nd day of October 2014.
Dated this 29th day of October 2014 in Middletown,
Connecticut.

_____________________________
Dana Wilson
Court Recording Monitor