DEPO Dr. Kenneth Robson

1
1 STATE OF CONNECTICUT
2 NO. FA 09-4037 658S : SUPERIOR COURT
3 SUNNY LIBERTI : J.D. OF NEW HAVEN

n/k/a SUNNY KELLEY
4
vs. : AT MIDDLETOWN
5
ROBERT LIBERTI : MAY 16, 2011
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7
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8 DEPOSITION OF: KENNETH S. ROBSON, M.D.
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9
10 . . . . a witness, taken on behalf of the Plaintiff,
11 Sunny Liberti, n/k/a Sunny Kelley, in the hereinbefore
12 entitled action, pursuant to Section 13-28 of the
13 Connecticut Practice Book, before Jill E. Remillard,
14 duly qualified Notary Public in and for the State of
15 Connecticut and Commonwealth of Massachusetts, held at
16 the office of Niziankiewicz & Miller, 972 Tolland
17 Street, East Hartford, Connecticut, commencing at
18 10:18 a.m. on Monday, May 16, 2011.
19
20
21 Jill E. Remillard, License No. 385

Certified Realtime Reporter
22 Registered Merit Reporter
Certified CART Provider
23
NIZIANKIEWICZ & MILLER
24 972 Tolland Street
East Hartford, CT 06108-1533
25 (860) 291-9191

(860) 291-9191
2
1 APPEARANCES:
2 For the Plaintiff:
3 LAW OFFICES OF JAMES M. SMITH

1331 Main Street
4 Springfield, MA 01103
(413) 788-4551
5 attorney.smith@verizon.net
BY: JAMES M. SMITH, ESQUIRE
6 KRISTINA BORDIERI, ESQUIRE
7 For the Defendant:
8 LAW OFFICE OF NOAH EISENHANDLER, LLC

1164 Townsend Avenue
9 New Haven, CT 06512
(203) 467-0717
10 attyeisenhandler@sbcglobal.net
BY: NOAH EISENHANDLER, ESQUIRE
11
For the minor child:
12
MURPHY, MURPHY & NUGENT, LLC
13 234 Church Street
New Haven, CT 06510-1881
14 (203) 787-6711
mmurphlaw@aol.com
15 BY: MAUREEN M. MURPHY, ESQUIRE
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17
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25

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1 S T I P U L A T I O N S
3 It is hereby stipulated and agreed by and among
4 counsel for the respective parties that all
5 formalities in connection with the taking of this
6 deposition, including time, place, sufficiency of
7 notice, and the authority of the officer before whom
8 it is being taken, may be and are hereby waived.
10 It is further stipulated and agreed that
11 objections other than as to form are reserved to the
12 time of trial.
13
14 It is further stipulated and agreed that the
15 witness will reserve the right to read and sign the
16 deposition transcript.
17
18 It is further stipulated that the proof of the
19 qualifications of the Notary Public before whom the
20 deposition is being taken is hereby waived.
21
22
23 *****
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25

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I N D E X
2 ------------------------------------------------------
WITNESS: KENNETH S. ROBSON, M.D. PAGE
3 ------------------------------------------------------
4 DIRECT EXAMINATION BY MR. SMITH............. 5
5 CROSS-EXAMINATION BY MR. EISENHANDLER....... 31
7 ------------------------------------------------------
E X H I B I T S
8 ------------------------------------------------------
DESCRIPTION PAGE
9 ------------------------------------------------------
10 Plaintiff's
11 1 Handwritten note, 4/6/11.................... 11
12 2 Curriculum vitae............................ 32
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1 *****
2 KENNETH S. ROBSON, M.D., the Deponent, having
3 been first duly sworn, deposes and says as follows:
4 DIRECT EXAMINATION BY MR. SMITH
5 Q. Doctor, could you state your name and
6 address for the record, please?
7 A. Dr. Kenneth Robson, 18 North Main Street,
8 West Hartford, Connecticut 06107.
9 Q. Doctor, would a competent, ethical
10 psychiatrist ever refer to a party he is evaluating
11 as a French whore when speaking to another
12 professional involved in the case?
13 A. They might.
14 Q. What does the term "French whore" mean to
15 you?
16 A. Well, I guess it literally means what it
17 says, a whore from France.
18 Q. A whore from France?
19 A. Yeah.
20 Q. Does it mean anything else to you?
21 A. No.
22 Q. What is a whore from France?
23 A. Well, a prostitute from France.
24 Q. A prostitute from France.
25 Did you ever refer to Sunny Kelley as a

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1 French whore?
2 A. No, not that I recall.
3 Q. Who do you consider to be the leading
4 medical and/or mental health authorities on the
5 diagnosis and/or treatment of child sexual abuse?
6 A. I don't think there is one leading
7 authority. I think there are many --
8 Q. Well, out of the many, who do you think
9 would be some of the representative ones?
10 A. The diagnosis and treatment of sexual abuse?
11 Q. Yes. On the diagnosis and/or treatment of
12 sexual abuse -- child sexual abuse, child sexual
13 abuse specifically.
14 A. Diane Schetky.
15 Q. Could you spell that, possibly?
16 A. S-c-h-e-t-k-y. Melissa [sic] Benedict,
17 Elissa Benedek.
18 Q. Elissa Benedek?
19 A. B-e-n-e-d-e-k. In this area, in the
20 Hartford area, Connecticut, Barbara Bunk, Ph.D.
21 Q. Could you spell her last name, please?
22 A. B-u-n-k. Donald Hiebel, Ph.D., H-i-e-b-e-l.
23 Let me think on the West Coast. Lenore Terr, T-e
24 double r.
25 Q. Do you know where she's from?

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1 A. Yes. From Saint Francis. She's a close
2 friend and colleague. Suzanne Sgroi, S-g-r-o-i, M.D.
3 Q. Where is she from?
4 A. She's from here, from Hartford, West
5 Hartford. Those would be some of the main people I
6 would mention.
7 Q. Okay. Doctor, what books or treatises can
8 you name that specifically deal with the diagnosis
9 and treatment of sexual abuse? And in particular
10 with respect to children.
11 A. Jeopardy in the Courtroom. There are two
12 books with a very similar title. I can't give you
13 the precise title.
14 Q. Do you know the authors' names?
15 A. No. I'm blocking on it. It's about five
16 years old, six years old.
17 Q. Is that in your office?
18 A. Is it in my office? Yes, it is.
19 Q. Do you think you can furnish the name of
20 it --
21 A. Yes, I --
22 Q. -- to us today, perhaps by e-mail?
23 A. Sure.
24 MR. SMITH: Kristina, you'll leave my
25 e-mail --

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1 MS. BORDIERI: His office has my e-mail.
2 MR. SMITH: Okay.
3 THE WITNESS: I have several books, and I'm
4 happy to do that.
5 Q. (BY MR. SMITH) So when you go back to your
6 office, Doctor, is it possible for you to take the
7 books or treatises that specifically deal with the
8 diagnosis and treatment of sexual abuse, and let us
9 know them?
10 A. Yes.
11 MR. SMITH: And he'll do that for us as part
12 of this deposition.
13 Q. (BY MR. SMITH) And are there any books or
14 articles or manuals or treatises in your office that
15 address the evaluation of children to see if they
16 have been sexually abused?
17 A. Yes.
18 Q. And will you furnish us the names of
19 those --
20 A. Yes, I will.
21 Q. -- books, treatises, and manuals, so that we
22 can have those? And those would be part of the court
23 record in this --
24 A. Yes, I will.
25 Q. Okay. Thank you, Doctor. Now, can you tell

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1 me the titles, Doctor, and authors of the ones -- any
2 of these books that best reflect the protocol and
3 concepts that you used in this case?
4 A. I'm not sure -- well, perhaps -- let me say
5 I don't adhere to one theoretical point of view, nor
6 do I adhere to one set of procedures and
7 methodologies. I have evolved a method over the
8 years that is my own. I believe it conforms to
9 reasonable medical practices, but, for example, the
10 method that I use in this report, to attempt to
11 establish probabilities, is my own. I don't know of
12 any other like that.
13 Q. Can you tell me the titles and authors who
14 have influenced your own protocol and concepts, that
15 you used in this case?
16 A. Donald Winnicott.
17 Q. Donald -- I'm sorry?
18 A. Winnicott.
19 Q. Winnicott?
20 A. W-i-n-n-i-c-o double t. Adelaide Johnson.
21 Richard Gardner. Lenore Terr. There's a
22 psychologist, Stephen -- Jeopardy in the Courtroom is
23 his book. Suzanne Sgroi. Ceci, C-e-c-i, Stephen
24 Ceci.
25 Q. He's the Jeopardy in the Courtroom --

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1 A. Yes, he is.
2 Q. Now, Doctor, I know you're going to furnish
3 me with the books and treatises that deal with the
4 diagnosis and treatment of sexual abuse, and you're
5 going to give me the titles from your shelves as to
6 books and treatises and manuals that address the
7 evaluation of children, to see if they've been
8 sexually abused. We will give you those questions.
9 We will e-mail you those questions just to remind you
10 which ones you're going to send me information about.
11 Okay?
12 A. All right.
13 Q. Because I might have some others as well.
14 So we will e-mail you these questions.
15 Now, Doctor, can you tell me everything that
16 Attorney Murphy, Maureen Murphy, told you about Sunny
17 Kelley or this case?
18 A. I don't believe she told me anything about
19 Sunny Kelley or Robert Liberti.
20 Q. Do you have any notes of any conversations
21 you had with her or copies of your notes?
22 A. I may have one note.
23 Q. Could you pull that out, possibly, for me?
24 A. Yep. (Examining documents.)
25 (Discussion off the record.)

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1 Q. (BY MR. SMITH) So, Doctor, is this the only
2 note, that you've had handed me -- you've handed me
3 one document -- that reflects what Maureen Murphy
4 told you about Sunny Kelley or this case?
5 A. That I've recorded, I believe so, yes.
6 Q. Okay. So I'd like to make a copy of this
7 document.
8 A. Sure.
10 (Plaintiff's Deposition Exhibit

No. 1 offered and marked.)
11
12 Q. (BY MR. SMITH) So, Doctor, is it my
13 understanding you have no other notes of your
14 conversations with Attorney Murphy, other than what
15 we've marked as Exhibit 1?
16 A. That's correct.
17 Q. Okay. Thank you. Did you ever personally
18 evaluate Max to determine if he was sexually abused?
19 A. No.
20 Q. Have you ever interviewed Max?
21 A. Yes.
22 Q. And have you ever evaluated Max for any
23 reason?
24 A. Well, part of my interview with Max was an
25 effort to do that.

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1 Q. And what were those reasons? What were the
2 reasons why you interviewed Max? What were you
3 trying to ...
4 A. Well, my mandate in this matter was to
5 review the allegations of sexual abuse in particular
6 and review the prior records and attempt to come up
7 with my own opinions about the allegations of sexual
8 abuse. Meeting Max was part of that.
9 Q. Can you name or cite any authority, Doctor,
10 for the notion that a mental health professional can
11 determine if a certain father has sexually abused his
12 son, based on the mental health evaluation of the
13 father?
14 A. Would you revisit that question for me?
15 Q. I'll say it again.
16 Can you name or cite any authority for the
17 notion that a mental health professional can
20 father?
21 A. Without a confession, no.
22 Q. Doctor, can you name or cite any authority
23 for the notion that a mental health professional can

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1 mother, who believes that the child is being
2 sexually -- is being abused by the father?
3 A. Would you mind --
4 Q. I'll do it again. That was my slip.
5 Can you name or cite any authority for the
6 notion that a mental health professional can
9 mother, who believes that the child is being abused
10 by the father?
11 A. Not exclusively.
12 Q. Well, in what way?
13 A. Well, it may contribute to part of the
14 opinion that the child is or is not being abused by
15 the father, but I know of no definitive agreement
16 with that.
17 Q. Do you have any authority for that notion?
18 A. Authority?
19 Q. Yes. Any of the authorities perhaps you've
20 given me before?
21 A. No. Experience.
22 Q. Are you familiar with any professional
23 literature dealing with a relationship between
24 spousal abuse and sexual abuse of a child?
25 A. Not per se, no, I'm not.

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1 Q. Do you know who William Friedrich was,
2 F-r-i-e-d-r-i-c-h?
3 A. I believe he was a pediatrician.
4 Q. Do you know if any research he did had any
5 relevance to this case?
6 A. I believe his research was on the physical
7 findings in sexual abuse of children.
8 Q. And does it have any relevance in this case?
9 A. It may.
10 Q. In what way?
11 A. Well, there were physical examinations of
12 Max's anus more than once in the course of this
13 matter. There were examinations of his penis in this
14 matter. And physical findings, if there are any, can
15 appear in both -- either or both of those sites when
16 there has been or may have been sexual abuse.
17 Q. And what percentage of sexually abused
18 children have medical or physical findings resulting
19 from abuse?
20 A. I can't quote you the precise percentage,
21 but it's quite low.
22 Q. And what's the source of that knowledge that
23 you have?
24 A. My readings over the years.
25 Q. Any one in particular?

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1 A. No.
2 Q. Any one you can remember?
3 A. Not at the moment, no.
4 Q. In this case, this particular case --
5 A. Yes.
6 Q. -- are any of your opinions based on which
7 parent you believe is credible?
8 A. In part.
9 Q. Could you explain that, please?
10 A. I believe that Mr. Liberti was, in certain
11 respects, in certain areas, more credible than Sunny
12 Kelley.
13 Q. Which areas would those be?
14 A. Well, for example, around the issue of
15 sleeping naked.
16 Q. Anything else? Please refer to any notes
17 you would like to.
18 A. (Examining document.)
20 THE WITNESS: Around the issues of assisting
21 Max with his toileting, in particular, his
22 defecating.
23 Q. (BY MR. SMITH) In what sense?
24 A. In the sense of helping him wipe himself.
25 Q. And --

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1 A. Excuse me.
2 Q. Go ahead.
3 A. With regard to Max's exposure to nudity and
4 sexual relations.
5 Q. Anything else you remember?
6 A. No.
7 Q. So, Doctor, can you tell us -- what mental
8 health or psychiatric literature or research can you
9 cite to me which says that you are competent to
10 determine credibility?
11 A. No. I think it's analogous to common law,
12 Attorney Smith.
13 Q. What does that mean?
14 A. It means that experience in clinical
15 psychiatry, in part, endows one with some ability to
16 assess credibility.
17 Q. Okay. Could you describe fully any past
18 involvement you've had with Attorney Maureen Murphy?
19 A. I don't believe we've had cases together in
20 the past. I've known Attorney Murphy perhaps ten
21 years. Most recently we worked together on the
22 guardian ad litem training committee, convened by
23 Judge Munroe, and we saw one another quite frequently
24 in that setting. But we haven't had an extensive
25 relationship prior to that. I think that committee

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1 probably involved the most contact I've had in many
2 years with Attorney Murphy.
3 Q. Uh-huh. How many cases have you evaluated
4 or read about where a father was giving massages to
5 his young son's groin area, as Mr. Liberti does to
6 Max?
7 A. I don't believe Mr. Liberti was massaging
8 the groin area, so I can't answer your question.
9 Q. If I wanted to read about these massages
10 being appropriate for a father to do to his son, what
11 do you specifically suggest that I read?
12 A. I wouldn't know how to answer that.
13 Q. Describe for me all of the research you did
14 on the types of massage Mr. Liberti applies and
15 what -- to Max's groin area, and what your findings
16 were.
17 A. I did none.
18 Q. Okay. Please give me a -- okay.
19 What child behavior does the professional
20 literature describe as being most indicative that a
21 child is being sexually abused?
22 A. There are several kinds of behaviors. One
23 is abusing other children, precocious knowledge of
24 sexual anatomy, anxiety, depression, dissociative
25 states, allegations from the child that appear to be

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1 spontaneous and in their own language.
2 Did you say "behaviors"?
3 Q. Yes.
4 A. If you wouldn't mind repeating the question.
5 Q. Yeah. What child behaviors --
6 A. Okay.
7 Q. -- does the professional literature describe
8 as being most indicative that a child has been
9 sexually abused?
10 A. (Nodding.) Thank you.
11 Q. Anything else you want to add to your
12 answer?
13 A. Regressions, aggression, nightmares,
14 posttraumatic stress symptomatology. Those would be
15 the main answers.
16 Q. Please explain or describe your
17 understanding of the grooming process that occurs in
18 child sexual abuse cases.
19 A. The grooming process ordinarily refers to
20 efforts on the part of the perpetrator to establish a
21 trusting relationship with a child or children over
22 time and using, as part of that, physical contact,
23 such as rubbing one's back or nonerotic, nonsexual
24 kinds of sexual -- physical stimulation in the
25 relationship, as a, quote, lead-in to more

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1 specifically erotic behaviors.
2 Q. Isn't it true that men who sexually abuse
3 children typically commit the abuse in the context of
4 a game or under the guise of a purported legitimate
5 contact with a child's genital or anal area?
6 A. Sometimes.
7 Q. Well, why do they do it that way?
8 A. It does not arouse anxiety or uneasiness on
9 the child's part.
10 Q. Isn't it true that a young child who has
11 been sexually abused can disclose the abuse to an
12 evaluator without much if any emotion, especially if
13 the child has already discussed the issue with
14 others?
15 A. Yes.
16 Q. Isn't it true that a child who has been
17 sexually abused by his father can appear to be
18 comfortable with the father when observed by a
19 professional in an evaluation, and show no fear?
20 A. Yes.
21 Q. Why is that so?
22 A. Because it's a relationship that has long
23 standing and credibility with the child and because
24 the abuse is not experienced as traumatic.
25 Q. Isn't it true that a child who has been

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1 abused by one parent will often act out against the
2 nonabusive parent?
3 A. Sometimes.
4 Q. When it does happen, why does that occur?
5 A. It feels safer with the nonabusive parent.
6 Q. Does a young child necessarily experience or
7 describe sexual abuse as traumatic or later exhibit
8 trauma symptoms, especially if the abuse is done in
9 the form of a game?
10 A. I'm sorry. Would you repeat --
11 Q. I'll repeat the question.
12 A. Sure.
13 Q. Does the young child necessarily experience
14 or describe sexual abuse as traumatic or later
15 experience trauma symptoms, especially if the abuse
16 is done in the form of a game?
17 A. No.
18 Q. Can a young boy experience sexual abuse,
19 committed by the manipulation of his penis by an
20 adult, as pleasurable?
21 A. Yes.
22 Q. Why?
23 A. Because manipulating the penis is
24 pleasurable.
25 Q. Okay. Isn't it true that sexually abused

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1 children typically still love and desire a
2 relationship with the abusive parent?
3 A. Sometimes.
4 Q. And in those cases, why?
5 A. For the same reason I answered before, that
6 it's a relationship of long standing, and love is
7 part of it.
8 Q. Describe your understanding of accommodation
9 in sexual abuse cases.
10 A. It is basically a child's retracting
11 allegations that they've previously made against
12 someone, or they're not initiating allegations
13 against that person.
14 Q. On what basis do you state that Max does not
15 act out sexually in his father's home?
16 A. I'm sorry. On what --
17 Q. On what basis do you state that Max does not
18 act out sexually in his father's home?
19 A. The observations of Nick Sarno's team and --
20 that's it.
21 Q. And that's the -- what is the evidence for
22 this conclusion? Is that --
23 A. Yes.
24 Q. That's the observation of Nick Sarno's team?
25 A. Yes.

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1 Q. Okay. If a child is being sexually abused
2 by a divorcing father, what should the mother do to
3 protect her child from the father's abuse?
4 A. Everything she can.
5 Q. Do sexually abused children exhibit symptoms
6 of sexual abuse every day and in every situation?
7 A. Not necessarily.
8 Q. Can you explain what you mean by that?
9 A. Well, nothing is 100 percent in biological
10 systems, and someone who's been traumatized may not
11 exhibit signs or symptoms of that trauma 24/7.
12 Q. Okay. If I wanted to read up on Munchausen
13 by proxy syndrome in sexual abuse cases, specifically
14 what should I read?
15 A. Well, I'm not sure there's particular
16 literature on Munchausen's by proxy in sexual abuse
17 cases, because they're not the same phenomena. But I
18 would think one should read up in any current
19 textbook of pediatrics and in any textbook of child
20 and adolescent psychiatry, Munchausen's by proxy.
21 Q. But what experts on this topic can you name?
22 A. I don't think I can name any experts,
23 Attorney Smith.
24 Q. What books, treatises, or articles or
25 research on this issue have you read?

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1 A. Well, over the years I've read a variety of
2 articles. I can't give you author and title right
3 now.
4 Q. Do you think that you might have some
5 authorities in your office --
6 A. Yes.
7 Q. -- that you could furnish us in the same way
8 that you're furnishing us other requests?
9 A. Yes.
10 Q. All right.
11 MR. SMITH: And we'll add that one.
12 Q. (BY MR. SMITH) Have you spoken to any judges
13 about this case?
14 A. No.
15 Q. Is there anything that Max said to
16 Dr. Collins or did in Dr. Collins' office on
17 April 19, 2011, that especially concerns you? And
18 that's April 19th.
19 A. No.
20 Q. So there's nothing that concerns you. Okay.
21 Isn't it true that many sexually abused
22 children invite others to engage in sexualized
23 conduct -- or strike that.
24 Isn't it true that many sexually abused
25 children invite others to engage in sexualized

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1 contact with them?
2 A. Yes.
3 Q. Why does that happen?
4 A. At least for two reasons: one, that the
5 erotic play is pleasant; and secondly, it may be
6 posttraumatic based on identification with the
7 aggressor.
8 Q. Can you cite me any particular literature or
9 research that says if a young boy isn't getting much
10 attention from his mother because she is spending too
11 much time on the computer, that he will start
12 touching her breasts, buttocks, and vaginal area with
13 much more erotic goals in mind?
14 A. No.
15 Q. If I wanted to read up on the concept of --
16 I'm going to spell this -- its French -- f-o-l-i-e,
17 separate word, à, next word, d-e-a-u --
18 A. D-e-u-x.
19 Q. I'm so sorry. You're absolutely correct.
20 D-e-u-x. -- in sexual abuse cases, specifically what
21 should I read?
22 A. Well, I would read DSM 4-TR for folie à
23 deux, which is not called folie à deux anymore. It's
24 called shared delusional disorder. And I don't know
25 of any essays that specifically connect shared

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1 delusional disorder and sexual abuse. I know of no
2 particular literature.
3 Q. Okay. If I wanted to read up on malingering
4 by mothers in sexual abuse cases, specifically what
5 should I read?
6 A. Again, malingering is well described in
7 DSM 4-TR. Malingering in sexual abuse cases, I know
8 of no literature on.
9 Q. Can sexual abuse make a child appear to have
10 psychotic symptoms or actually become psychotic?
11 A. Yes.
12 Q. Isn't it true that some sexually abusive
13 fathers try to convince their child victim that the
14 child is crazy, in order to discredit the child who
15 might report the abuse?
16 A. It may be true.
17 Q. Specifically what books, articles, or
18 research has Donald Winnicott written or done that
19 address the evaluation of a child alleged to have
20 been sexually abused?
21 A. Specifically on the topic of sexual abuse,
22 none, to the best of my knowledge.
23 Q. Specifically what books, articles, or
24 research has Adelaide --
25 A. -- Johnson.

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1 Q. -- Adelaide Johnson written or done that
2 addresses the evaluation of a child alleged to have
3 been sexually abused?
4 A. None. I made no claim to that effect.
5 Q. Isn't it true that men who sexually abuse
6 children often try to convince the children that the
7 abuse did not occur?
8 A. It can happen.
9 Q. And that the child imagined the abuse?
10 A. That can happen.
11 Q. Why do they do that?
12 A. Well, it can involve either the perpetrator
13 or family members of the victim. And they do it for
14 reasons of denial. They do it for reasons of
15 self-protection. They do it because they're
16 unempathic, if it's the parents or family members.
17 Q. Would you agree that the procedure you used
18 in this case to arrive at your ultimate opinions is,
19 in your own words, crude?
20 A. Yes and no.
21 Q. How many custody evaluations have you done
22 in your career?
23 A. Probably 150.
24 Q. And how many custody recommendations have
25 you made in your career?

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1 A. Probably 150.
2 Q. In how many of these cases or in
3 what percent of these cases did the judge accept and
4 implement your recommendations?
5 A. Most of them.
6 Q. In how many cases have you gone back, after
7 your recommendation was implemented, to investigate
8 whether your recommendations resulted in a healthy
9 and happy or unhealthy and miserable life for the
10 child?
11 A. Well, I'm not entitled to do follow-ups on
12 my own, but I have done them, when court-ordered,
13 quite frequently.
14 Q. Do you know how many cases you've gone back
15 to do that?
16 A. Probably at least a third of the cases that
17 I've done originally.
18 Q. On page 86 of her May 2, 2011, report,
19 Dr. Linda Smith wrote, quote, At this point, this
20 evaluator and Max reviewed his terminology for
21 anatomy of his private parts. Max went on to
22 demonstrate to this evaluator where the massage would
23 occur, which included his thigh and genital area.
24 Max explained that his memory is not the same as his
25 father's memory about this and that now he believes

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1 his father's memory.
2 This evaluator encouraged Max to use his own
3 memory and what he remembers with his own brain
4 rather than using his father's memory.
5 Max went on to explain how his father had
6 told him he didn't touch his penis, but Max remembers
7 that he did. Max then demonstrated what this
8 touching looked like. Max showed on his own body how
9 his father would massage his legs then tickle his
10 genital area and stomach in a playful manner. Max
11 reported that this game occurred a lot and that he
12 liked it. He explained that he liked how it felt,
13 both the massage and the tickling.
14 Please show me --
15 MS. BORDIERI: End quote.
16 Q. (BY MR. SMITH) End quote. Please show me,
17 where in your 65-page report do you describe Max
18 telling Dr. Smith that his father did touch his penis
19 on many occasions but that his father told him that
20 did not occur?
21 A. (Examining document.) Well, on page 48 of
22 my report --
23 Q. Hold on, please, Doctor. 48. Yep.
24 A. -- the paragraph at the bottom of the page.
25 Q. Okay. So you're talking about the last

(860) 291-9191
29
1 paragraph?
2 A. Yes.
3 Q. At the bottom of page 48?
4 A. Yes.
5 Q. Okay. Would that include the entire last
6 paragraph on 48, that goes through page 49 as well,
7 or just the piece that's on 48? I'm just trying to
8 see what you're making reference to.
9 A. It does go over to page 49.
10 Q. In that same paragraph?
11 A. Yes.
12 Q. Okay. Okay. Anywhere else in your report?
13 A. (Examining document.) Page 62.
14 Q. Page 62. Hold on, please, Doctor. Page 62.
15 And what part of page 62?
16 A. From the top of the page -- from the first
17 paragraph.
18 Q. First paragraph. Any other part in your
19 report?
20 A. I don't believe so.
21 Q. Can you show me, Doctor, where, in your
22 report, Dr. Smith gives an opinion that Max was not
23 sexually abused by his father?
24 A. Not per se.
25 Q. Isn't it true that some young children who

(860) 291-9191
30
1 had been sexually abused, when undergoing an
2 evaluation, will disclose the abuse and then a short
3 time later deny the abuse?
4 A. It can happen.
5 Q. If a child Max's age was sexually abused but
6 was not protected, what effect do you think that
7 would have on the child's mother, who was trying to
8 protect him?
9 A. That's a confusing question. I don't
10 quite --
11 Q. You want me to read it again?
12 A. Yeah.
13 Q. If a child Max's age was sexually abused but
15 would have on the child's mother, who is trying to
16 protect him?
17 A. Would you mind reading it once more?
18 Q. Sure. I'm happy to.
19 A. It's a redundant question.
20 Q. Well, I'll read it again.
21 If a child Max's age was sexually abused but
23 would have on the child's mother, who was trying to
24 protect him?
25 A. I can't answer that. It's a -- I can't

(860) 291-9191
31
1 understand the question.
2 MR. SMITH: Okay. Those are all the
3 questions we have for the doctor.
4 *****
5 CROSS-EXAMINATION BY MR. EISENHANDLER
6 Q. Just one or two questions, Doctor.
7 You have never had a case with Attorney
8 Murphy before; is that correct?
9 A. I don't believe so.
10 Q. Okay. And how long have you been
11 practicing?
12 A. Since 1965.
13 Q. Okay. So you're just starting out?
14 A. Some would say I'm wet behind the ears; some
15 would say I'm bald behind the ears.
16 Q. What's your practice? What do you
17 specialize in?
18 A. My practice is child and adolescent
19 psychiatry, mainly. About half of it is forensic;
20 the other half is clinical. I probably have 300 open
21 cases, clinical cases, and a large forensic practice.
22 MR. EISENHANDLER: Okay. I don't have any
23 other questions. I'm done. Thank you.
24 MS. MURPHY: I'm not allowed.
25 MR. SMITH: Then we're done.

(860) 291-9191
32
1 MS. MURPHY: Unless you both agree, which I
2 wouldn't assume you would.
3 MR. SMITH: Can't do it.
4 MS. MURPHY: I know that.
5 (Plaintiff's Deposition Exhibit

No. 2 offered and marked.)
6
7 (Proceedings concluded at 11:17 a.m.)

*****
8
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24
25

(860) 291-9191
33
1 CERTIFICATE OF DEPONENT
3 I, KENNETH S. ROBSON, M.D., have read the
4 foregoing transcript of the testimony given at the
5 deposition on Monday, May 16, 2011, and it is true and
6 accurate to the best of my knowledge and/or with the
7 changes as noted in the attached errata sheet.
9
KENNETH S. ROBSON, M.D.
10
11
12
13 Subscribed and sworn to before me this
14 day of , 2010.
15
16
Notary Public/Commissioner of Deeds
17
18 My Commission Expires:
19
20
21
22 CIVIL ACTION NO. FA 09-4037 658S

SUNNY LIBERTI, N/K/A SUNNY KELLEY
23 vs.
ROBERT LIBERTI
24 KENNETH S. ROBSON, M.D., (AM), MAY 16, 2011
JER
25

(860) 291-9191
34
1 C E R T I F I C A T E
2 I, Jill E. Remillard, License #385, a Notary
3 Public for the State of Connecticut and Commonwealth
4 of Massachusetts, do hereby certify that the
5 deposition of KENNETH S. ROBSON, M.D., was taken
6 before me pursuant to Section 13-28 of the
7 Connecticut Practice Book, at the office of
8 Niziankiewicz & Miller, 972 Tolland Street, East
9 Hartford, Connecticut, commencing at 10:18 a.m. on
10 Monday, May 16, 2011.
11 I further certify that the witness was first
12 sworn by me to tell the truth, the whole truth, and
13 nothing but the truth and was examined by counsel,
14 and his testimony was stenographically reported by
15 me to the best of my ability and subsequently
16 transcribed as hereinbefore appears.
17 I further certify that I am not related to the
18 parties hereto or their counsel and that I am not in
19 any way interested in the events of said cause.
20 Witness my hand this 16th day of MAY, 2011.
21
22 Jill E. Remillard, Notary Public
23 My Commission Expires: My Commission Expires:

December 29, 2017 (In MA) August 31, 2015 (In CT)
24
25

(860) 291-9191

DEPO Dr. Kenneth Robson

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1

2 NO. FA 09-4037 658S : SUPERIOR COURT

3 SUNNY LIBERTI : J.D. OF NEW HAVEN

10 . . . . a witness, taken on behalf of the Plaintiff,

11 Sunny Liberti, n/k/a Sunny Kelley, in the hereinbefore

12 entitled action, pursuant to Section 13-28 of the

13 Connecticut Practice Book, before Jill E. Remillard,

14 duly qualified Notary Public in and for the State of

15 Connecticut and Commonwealth of Massachusetts, held at

16 the office of Niziankiewicz & Miller, 972 Tolland

17 Street, East Hartford, Connecticut, commencing at

18 10:18 a.m. on Monday, May 16, 2011.

21 Jill E. Remillard, License No. 385

NIZIANKIEWICZ & MILLER

2 For the Plaintiff:

3 LAW OFFICES OF JAMES M. SMITH

7 For the Defendant:

8 LAW OFFICE OF NOAH EISENHANDLER, LLC

NIZIANKIEWICZ & MILLER

3 It is hereby stipulated and agreed by and among

4 counsel for the respective parties that all

5 formalities in connection with the taking of this

6 deposition, including time, place, sufficiency of

7 notice, and the authority of the officer before whom

8 it is being taken, may be and are hereby waived.

10 It is further stipulated and agreed that

11 objections other than as to form are reserved to the

14 It is further stipulated and agreed that the

15 witness will reserve the right to read and sign the

18 It is further stipulated that the proof of the

19 qualifications of the Notary Public before whom the

20 deposition is being taken is hereby waived.

NIZIANKIEWICZ & MILLER

4 DIRECT EXAMINATION BY MR. SMITH............. 5

5 CROSS-EXAMINATION BY MR. EISENHANDLER....... 31

11 1 Handwritten note, 4/6/11.................... 11

NIZIANKIEWICZ & MILLER

2 KENNETH S. ROBSON, M.D., the Deponent, having

3 been first duly sworn, deposes and says as follows:

4 DIRECT EXAMINATION BY MR. SMITH

5 Q. Doctor, could you state your name and

6 address for the record, please?

7 A. Dr. Kenneth Robson, 18 North Main Street,

8 West Hartford, Connecticut 06107.

9 Q. Doctor, would a competent, ethical

10 psychiatrist ever refer to a party he is evaluating

11 as a French whore when speaking to another

12 professional involved in the case?

14 Q. What does the term "French whore" mean to

16 A. Well, I guess it literally means what it

17 says, a whore from France.

18 Q. A whore from France?

20 Q. Does it mean anything else to you?

22 Q. What is a whore from France?

23 A. Well, a prostitute from France.

24 Q. A prostitute from France.

25 Did you ever refer to Sunny Kelley as a

NIZIANKIEWICZ & MILLER

2 A. No, not that I recall.

3 Q. Who do you consider to be the leading

4 medical and/or mental health authorities on the

5 diagnosis and/or treatment of child sexual abuse?

6 A. I don't think there is one leading

7 authority. I think there are many --