|Drano Needed for the Judiciary|
|A man has gone to jail for 6 months because he brought his child inside
the apartment lobby instead of leaving the child outside at the end of
a visit. A man has gone to jail for 30 days because he called his
child on the wrong evening. A man has gone to jail for 30 days because
he bought his daughter a round-trip ticket so she could visit with former
But a man, who is seeking custody about his infant child of 13 months because he is worried about her muscles atrophying -- the child cannot hold a bottle, sit up by herself, or crawl, and is badly in need of physical and occupational therapy -- cannot get a judge in Essex County, Massachusetts, to give a damn and grant an emergency hearing.
His concern is real: mom is a prescription-drug abuser, did not stop using while breastfeeding the child, restricted the infant's physical movements since birth, and has cancelled the child's much-needed physical and occupational therapy.
Mom's lawyer asked, "Isn't mom entitled to take a vacation?"
The man's lawyer answered, "No, given that mom doesn't have a job to take a vacation from and that the child's best interests are more important than mom's boredom and drug-induced problems."
* * *
Read the pleadings below. Everyone who is outraged by judges abrogating their responsibilities, please
PROBATE & FAMILY COURT
PETITION FOR WRIT OF HABEAS CORPUS
2. PARTY WHO HAS THE CHILD
3. THE CHILD ABOUT WHOM
THIS PETITION IS FILED
Ms. Pane's sister: Lori Pane,
268 East Shore Rd., Lindenhurst, NY
4. INFORMATION ABOUT THE
CURRENT CUSTODY SITUATION
B. REASON FOR FILING THESE
Prior to this past August, the mother, Susan Pane, had canceled a significant number of the physical and occupational therapy sessions, and since mid-August, has not brought the child to the scheduled appointments at all.
Instead, despite Rosalyn
Stults' assertions that Pane is in Florida, Stults's secretary claimed
last week that the child was in New York. At this point, Brian Meuse, the
father, is quite concerned (1) about the whereabouts of his child,
the physical and mental health of his child, (3) about the general
And clearly the mother's
sedentary and dysfunctional lifestyle is working to the child's detriment:
that is, the child's serious motor skill problems were caused by the mother
restricting the child's movements after birth: by not allowing the child
to sleep in a crib and keeping her arms and legs restrained in a narrow
In sum, Brian Meuse is quite concerned that the child has not been receiving the physical and occupational therapy the child needs so desperately. He also wants Marissa to be examined in Boston, and to have legal and physical custody of her so that she can receive the proper, continuous, and much-needed extraordinary medical and daily care. Anything less is neglect!!
Further, during the course of the last six weeks, Brian Meuse has gathered documentary evidence of the narcotic addiction that he previously averred that Susan Pane had: almost 80 prescriptions by over a score of doctors from several states and filled by numerous pharmacies. Polymedica, polypharmica, the pharmacists call the syndrome of the prescription drug abuser.
The alleged prescriptions included two by a doctor who has sworn that Susan Pane was not a patient of his [Exh. B], and by many where the doctors have not been identified. (The latter situation might have been occurred because Susan Pane was working at Merck Medco as a pharmacy technician filling prescriptions as well as interpreting prescriptions for filling.) [Exh. C, copies of Merck Medco records.]
The records show that Susan Pane continued to take a Schedule III narcotic drug (oxycodone with acetominaphen) while she was nursing the child within the first week after her birth, and continued to take the narcotic drugs until she left Massachusetts for Florida in October of 1999.
There is no evidence that
Susan Pane has curtailed her prescription drug usage during her stay in
Florida. [Exh. D, list of drugs with prescription details compiled
from the documentation received as a result of subpoenas.] Her moods, it
is reported, still swing from rage to hysteria, making the drug abuse attractive
to her and creating a vicious cycle, during which the infant is at serious
risk of harm from a mother operating with impaired judgment . . .
Pane's mother, with whom Pane and the infant have been living in Florida, has been diagnosed with cancer, has had three operations for that illness, and is likely unable to fill in where Susan should be able to act but cannot because of her drug intoxication.
Given that Susan Pane is using polymedica, polypharmica to gain access to controlled drugs, that she has impaired her own judgment by the drug usage, that she has jeopardized the child's safety, that the grandmother has cancer, that the mother is withholding medical services from the child, which is not in the best interests of the child, that the mother unlawfully kidnapped the child in the first place while a Haverhill District Court restraining order giving temporary custody to the father was in place, and that Massachusetts has been adjudicated the home state and is exercising jurisdiction over the case, Brian Meuse is entitled to have immediate custody forthwith for the safety of the child.
5. PENDING COURT CASE
REGARDING THE CUSTODY RELATED TO THE CHILD
6. WHY THE COURT IS NEEDED
TO ISSUE THE WRIT OF HABEAS CORPUS
According to medical records, Pane knew of that order and
7. WARRANT FOR IMMEDIATE
Further, she has no respect
for court orders: to wit, on 7 August 2000, a stipulation entered into
by the parties through their counsel was subsequently integrated into a
court order (Manzi, J.) which required that each of the parties keep the
other party informed as to the address and phone number where they could
be reached while the other had the child in physical custody. Susan
Therefore, it is highly likely that Susan Pane will flee again with the child if an order is not entered today.
A. Writ of Habeas Corpus be issued and directed to Susan Pane,An affidavit by counsel accompanies this petition.
PROBATE & FAMILY COURT
MOTION FOR PHYSICAL EXAMINATION
Now comes Plaintiff Brian Meuse ["hereinafter Father"] and moves that the CHILD Marissa Lyne Meuse returned to the confines of the Commonwealth of Massachusetts in the custody of Brian Meuse [:Meuse"] in order that the child be physically examined in the Commonwealth and that the child be treated here.
As grounds for this motion is the safety of the child Marissa Lyne Meuse, for the mother, Susan Pane, has not been providing the child with the physical and occupational therapy deemed necessary by the Early Intervention Program in Florida.
In support of this motion, Meuse states that Pane's excuse, according to Pane's attorney, Rosalyn Stults, is that Pane was entitled to a vacation. Given that mother does not work and that having a vacation that consists of more nonwork, the child's muscular development is more important.
Further, the entity which was to provide the therapy has not kept Brian Meuse informed of the progress or lack thereof because of the child's absence from the scheduled appointments.
Moreover, Stults will not reveal where mother and child are allegedly vacationing nor the date of their allegedly anticipated return to Florida, giving Meuse and his counsel concern that Susan Pane is running again with the child. According to Stults's secretary, Tami Theriault, Pane and Marissa are in New York.
Given also that mother is using polymedica, polypharmica to gain access to controlled drugs, that she has impaired her own judgment by the drug usage, that she has jeopardized the child's safety, that the grandmother has cancer, that the medical services group is acting not in the best interests of the child, that the mother unlawfully kidnapped the child in the first place while a Haverhill District Court restraining order was in place, and that Judge Manzi adjudicated Massachusetts is the home state and would exercise jurisdiction over the case, Brian Meuse is entitled to have immediate custody forthwith for the safety of the child.
WHEREFORE, Brian Meuse prays this motion be allowed.
CERTIFICATE OF SERVICE
PROBATE & FAMILY COURT
MOTION TO COMPEL ATTENDANCE AT DEPOSITION
Now comes Brian Meuse and moves that Susan Pane be compelled to attend deposition, which was originally scheduled for Thursday, 7 September 2000, and be sanctioned for that failure. Brian Meuse further moves this court to compel her attendance on Wednesday, 13 September 2000, at 10 A.M.
Counsel for Brian Meuse received three letters from Stults last week implying that Pane did not have to appear and would not appear, but Stults took no other action.
The explicit and implicit reasons given by Attorney Stults for Pane evading the deposition is (1) that Massachusetts has no jurisdiction over Pane, but Massachusetts is exercising jurisdiction, (2) that a Notice of Deposition was insufficient to constitute proper service on the Defendant Susan Pane, but a subpoena is unnecessary to compel a party to appear or to produce ocuments at a party's deposition [see citations below], and (3) that it's too expensive for Susan Pane to travel to Massachusetts from Florida, but Attorney Stults's secretary, Tami Theriault, admitted on the phone to Meuse's counsel that Pane was in New York.
A proper Notice of Deposition was served upon Pane's counsel, Rosalyn Stults. Thereafter Attorney Stults wrote Meuse's counsel stating that service was not proper in that Susan Pane was not subpoenaed, despite the fact that no subpoena is required to bring a party for deposition -- regardless of her current residence being outside this jurisdiction, which already has personal jurisdiction over her. "A subpoena is unnecessary to compel a party to appear or to produce documents at a party's deposition. See Rules 37(d) and 30(b)(5)." Mass.R.Civ.P. 45, Reporter's Notes--1983 Amendment. Gos v. Brownstein, 403 Mass. 252, 256-257, 256 n. 3 (1988) (plaintiff in Poland), and cases cited. Significant also was Pane's counsel's failure to include a citation to an authority for the proposition which she asserted.
In the alternative, if Susan
Pane is not ordered to appear for her deposition, Brian Meuse moves this
court to presume that Pane's testimony would be unfavorable to her. Cf.
v. United States, 150 U.S. 118, 121 (1893) ("If a party has it peculiarly
within his power to produce witnesses whose testimony
Further, under Mass.R.Civ.P. 37(d) and 37(b)(2), this court has the authority to sanction Susan Pane should she fail to appear for the properly noticed deposition. Under Rule 37(b)(1), she can be found in contempt of court.
WHEREFORE, Brian Meuse prays that Susan Pane be compelled to attend deposition at 10 A.M. on Wednesday, September 13, 2000, and that Brian Meuse be awarded costs and $1500 for attorney's fees for having to bring and to be present at a hearing of this motion with affidavit.
OF BARBARA C. JOHNSON IN SUPPORT OF
I, Barbara Johnson, hereby depose and say that:
1. I am a member in good standing with the bar in this Commonwealth.
2. I represent Brian Meuse in the above-entitled action.
3. I caused subpoenas to
be served on doctors, hospitals, and drugstores Susan Pane was known to
frequent. The abundance of controlled drugs which she was purchasing was
high. Several pharmacists took the time to speak to me and explain
the polymedica, polypharmica habit of prescription drug
4. The information which surfaced was, for instance, that at least one doctor, Dr. Bruce Pastor, had never had Susan Pane as a patient but his name was on two of her prescriptions [Exhs. A and C]. The name of another doctor who was her doctor appeared on multiple prescriptions filled at several drugstores for the same controlled drug within a short period of time [Exh. C].
5. During the course of the
last six weeks, I have gathered documentary evidence that Susan Pane had
almost 80 prescriptions by over a score of doctors from several states
and filled by numerous pharmacies.
Polymedica, polypharmica, one
of the pharmacists called the syndrome of the prescrip-
6. I have also learned that during her residence in Massachusetts during the relevant period, Susan Pane was working at Merck Medco as a pharmacy technician filling prescriptions as well as interpreting prescriptions for filling. [Exh. B, copies of Merck Medco records.]
7. The records show that Susan Pane continued to take a Schedule III narcotic drug (oxycodone with acetominaphen) while she was nursing the child within the first week after her birth, and continued to take the narcotic drugs until she left Massachusetts for Florida on 1 October 1999.
8. There is no evidence that Susan Pane has curtailed her prescription drug usage during her stay in Florida. [Exh. C, list of drugs with prescription details compiled from the documentation received as a result of subpoenas.]
9. Recorded in medical records
are her complaints of drowsiness, depression, and heart palpitations from
drug overuse. [Medical records received and to be produced at trial.]
According to the pill reference book I read, some of those
10. I also received the medical
records of the child, Marissa. After examining the child, medical
professionals have concluded that the child (10 months old at the time
of the examination) has significant delays of motor skill develop-
11. Not only Brian Meuse, but also I believe the serious motor skill problems were caused by the mother restricting the child's movements after birth: by not allowing the child to sleep in a crib and keeping her arms and legs restrained in a narrow baby carrier, commonly known as a "Bouncy." I and Meuse intend to call an expert at trial to address this issue.
12. This past week, I spoke to the the director of the group to which Marissa was and is supposed to be brought for physical therapy twice weekly. The director, Susan Wilson, told me the child had not been there since August 17th and that prior to that Susan Pane "wouldn't just not show up, she always called up to cancel."
13. I was horrified. This was exactly the irrational behavior with Brian Meuse feared. Marissa is a one-year-old who does not yet crawl, who cannot stand on her own, who still does not hold a spoon, et cetera. She is simply not getting the physical therapy she so desperately requires.
14. During Brian Meuse's
last visitation, he took the child for her therapy. They refused
to give it to her. Meuse had Pat Nour call me. Finally after the phone
call with her and Meuse's successful persuasion, the child had therapy
15. In sum, prior to this past month of August, the mother, Susan Pane, had canceled a significant number of the physical therapy sessions, and since mid-August, has not brought the the child to the scheduled appointments at all.
16. Instead, Pane took the child visiting in New York, without informing Brian Meuse. Tammy, Rosalyn Stults' secretary, confirmed to me on Friday morning, September 1st, 2000, that Susan Pane and the child were in New York.
17. Brian Meuse is quite
concerned that the child has not been receiving the physical therapy the
child needs so desperately. He also wants Marissa to be examined in Boston,
and to have legal and physical custody of her so that
18. According to Pane's attorney,
Rosalyn Stults, Pane's mother, with whom Pane and the infant had been living
in Florida, has been diagnosed with cancer. According to Mrs. Pane's neighbors,
she said she had had three operations for that illness. From that information,
it is reasonable to asum
19. Upon information and belief, I am of the opinion that given that Susan Pane is using polymedica, polypharmica to gain access to controlled drugs, that she has impaired her own judgment by the drug usage, that she has jeopardized the child's safety, that the grandmother has cancer, that the mother is withholding medical services from the child, such conduct and behavior are not in the best interests of the child.
20. Further, I received three letters and several phone calls from the office of Rosalyn Stults at the end of the past week. Although not explicitly refusing to produce Susan Pane at deposition on September 7th, the communications from Stults's office made clear that Susan Pane has no intention of being present at her deposition.
21. I hereby certify that the exhibits attached to Meuse's Petition for Writ of Habeas Corpus are true and accurate copies of documents which I have kept in the ordinary course of business.
22. I hereby certify that the facts stated in Meuse's Petition of which this affidavit is filed in support are true.
SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY.
3 September 2000
MOTION FOR ORDER FOR RELEASES
Now comes Brian Meuse and moves by emergency motion \1/ that Susan
1. This motion is styled as an emergency motion becausePane be compelled to provide releases of all medical records, to identify all pharmacies from which she obtained prescription drugs, and to preclude her from opposing any subpoenas to those pharmacies, in particular those in Florida, for their records of those prescriptions.
As grounds, Brian Meuse states that the safety of the child outweighs any privilege or right of confidentiality the mother might have in the requested records: the mother's known abuse of prescription drugs impairs her judgment and ability to care for the child in a fit manner.
In support of this motion, Brian Meuse states that Susan Pane has not heretofore denied taking prescription drugs in general and narcotic drugs specifically. Given her extensive history of taking narcotic drugs before and during her pregnancy with the child Marissa, and after the delivery of and while she was nursing the child [see Exhs A, B, and C attached to the Petition for Writ of Habeas Corpus], Susan Pane's judgment has been put into issue. And although, Brian Meuse has not yet obtained proof of her use of such drugs in Florida, Pane has not denied her addiction nor produced any evidence to show that she has discontinued taking narcotic drugs.
WHEREFORE, Brian Meuse prays that this motion be allowed and that Brian Meuse be awarded costs and $750 for attorney's fees for having to bring and to be present at a hearing of this motion with affidavit.
PROBATE & FAMILY COURT
After hearing, this court orders the defendant to provide to Brian Meuse's counsel releases for all Susan Pane's medical records and to identify all pharmacies from which she obtained prescription drugs.
It is further ordered that Susan Pane shall not be allowed to oppose any subpoenas emanating from this case to those pharmacies, including, but not limited to, pharmacies in Florida and New York, for their records of prescriptions in the name of Susan Pane.
It is further ordered that
Susan Pane pay to Brian Meuse his costs and $750 in attorney's fees for
preparing the motion, affidavit, and this Order.
_____________________________________ September 2000 [Name of judge] J.