Some readers thought Attorney Cynthia Gifford's subpoena of me meant I was headed to prison. Not so. As ordered, I appeared in court yesterday, where no mention was made of my subpoena. These are tricks some lawyers play to intimidate, complicate, and if possible, accumulate billable hours.
"Barbara's" attorney, Cynthia Gifford, continued her cross-examination of Dr. Ronitte Vilker. "Tracy's" attorney, Keven McKenna, continued to object, saying Gifford was raising subjects far beyond the scope of his original questions and Barbara should pay the psychologist's fees to use her as an expert. Judge Debra DiSegna denied his objections.
But the judge also pleaded with Gifford to conclude her tedious cross-examination--which involved lengthy hypotheticals calculated to get the psychologist to say her patient, Tracy, was untrustworthy, a failure as a parent, a danger to her daughter, and incapable of co-parenting with her former partner.
It was déjà vu all over again, recalling the history of another psychologist, the late Dr. Judith Lubiner, on this case nearly three years ago, which I will recount at another time.
Snow and sleet fell outside, and another expensive afternoon slipped away at the Washington County Courthouse.
Then something remarkable happened. Gifford protested, but Judge DiSegna needed to ask the doctor some questions. In that instant, the atmosphere changed from an adversarial game of Gotcha to a heartfelt conversation between the expert and the judge about how they could make the future better for Jenny.
A wasted afternoon became some of the most potentially productive minutes in this case. The clerk and stenographer agreed to stay longer as we watched a scene unfold that needs to happen more often if Family Court is to provide the wisdom and justice that good parents hope for when they come here.
