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As Fraud At Swiss Portugal Embassy Alleged Now Cold Water on Talk of 900 Trial Exhibits

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, Jan 12 –   Guillaume Jacquety is suing to take his daughter back from the United States to Morocco. There is a lawsuit, and there was a settlement conference on June 4, citing the Hague Convention.

But there are questions about Moroccan law, and a veil of secrecy.  Now in response to vows of 900 exhibits at trial, there's this: "During our last call, Respondent mentioned having over 900 exhibits. There is no conceivable scenario under which that many exhibits will be used/admitted at trial. Accordingly, the parties, particularly Respondent, are encouraged to shorten their list of exhibits. SO ORDERED. Proposed Pretrial Order due by 1/13/2021. (Signed by Magistrate Judge Robert W. Lehrburger on 1/12/2021)."

There are objections to a doctor's questions, and his objections back.

 Geraldine Helena Tena Baptista "took the Child from her habitual residence in Morocco" to Switzerland, according to the Complaint - but then "fraudulently obtain[ed] altered Portuguese travel documents." There is reference to a radiologist in New York she was allegedly having an affair with. 

  This was allegedly done with the assistance of an employee at the Portuguese Embassy in Switzerland.

  Now on December 4, the lawyers for the petitioner have written to Judge Lehrburger that Petitioner is ready to proceed with a remote trial on Trialgraphix, which was used in Chief Judge McMahon's trial in Ferring Pharmaceuticals v. Serenity, 17-cv-9922.

But Respondent Baptista does NOT agree to conduct the trial remotely.

Now on December 18, this: "On December 14, 2020, Respondent filed a letter requesting Petitioner to pay the cost of an independent monitor being employed by the parties for Petitioner's Facebook visits with the Child. Petitioner has not filed any opposition. The estimated cost, one thousand dollars, is relatively modest. Accordingly, Petitioner shall pay the cost of the independent monitor from Supervision Services without prejudice to seeking to recover costs at the conclusion of the case. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 12/18/2020)." Watch this site.

 In September, she submitted a declaration about her Moroccan cell phone, which was restored to factory settings and given away after even its WhatsApp function was cut off.

Now on November 23 Jacquety's lawyer has written to Judge Lehrburger to complain about the failure to respond to the questions of Dr. Peter J. Favaro "in advance of Dr. Favaro's interview with the child."

For his part, Dr. Favaro wrote that "as a result of the communications between the attorneys I be [sic] revisiting whether any interview with Ella would be worthwhile under the present conditions."

On November 25 Judge Lehrburger held another proceeding, and Inner City Press again covered it. This time focus turned to the specifics of Facetime calls and visits, and grandparents participating in one visit on or around December 25. Dr. Favaro will have to edit his questionnaire but can go forward. Third party monitoring of visits was discussed, as well as who should pay for it. The case proceeds.

The case is Jacquety v. Tena Baptista et al., 19-cv-9642 (Marrero / Lehrburger). 


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