Thursday, October 12, 2006

The Court Report
By Richard Blassberg

No Limit To Cruelty Jing and Tristram Must Endure
[Mrs. Pirro: The Koran tells us, “God has a long memory”]
New York County Family Court
Judge Sara P. Schechter Presiding


Wednesday, October 4thJing Kelly appeared in New York County Family Court last week for the reconvening of the ongoing custody hearing in the matter of her infant son Tristram, now six-years-old. Also present in court were her parents, Tristram’s maternal grandparents, who, together with Jing, his mother, have been barred from any contact with the child, for three years and nine months, since he was kidnapped
from Jing, by arrangements made by then Westchester District Attorney Jeanine Pirro. There have been no phone calls, no letters, no video, no contact whatsoever, as he has been virtually held in false imprisonment 3,000 miles from his mother, in the home of Douglas Kelly.

Jing is represented in this matter by Attorney Nicolas Pirrella, her parents by Attorney Robert Wayburn, who has also represented Jing, and been involved in the case from the beginning. Wayburn contacted by The Westchester Guardian, declared, “It’s unbelievable. Jing Kelly has fewer civil rights than those charged with terrorism, and
held in Guantanamo.” He went on to reveal in detail what had gone on in the courtroom and what was revealed when Douglas Kelly testified under direct, and cross-examination.

Most incredibly, early in the course of direct examination by Attorney Philip Schiff, Douglas produced three computer print-outs of pictures taken of Tristram for Christmas cards in 2003, 2004, and 2005. These images had not been shared with Jing nor her attorney, and her spontaneous response to seeing her only child’s photos, after nearly four years of total deprivation of contact, was uncontrollable crying. She was so emotionally stunned that she could not stop weeping, and Judge Schechter was compelled to suspend the hearing.

Although the pictures were somewhat fuzzy, Jing noticed that her son had apparently sustained an injury to
his lower lip, that remained visible over the three-year span in which the pictures had been taken. The manner
in which the photo-copies of her son were abruptly shown to Jing, in Wayburn’s opinion, was “deliberately cruel, and vindictive, and demonstrated inexcusable heartlessness.”

Douglas testified that Tristram was shipped out to California by Gail Hiler who was taking a trip to England
and didn’t wish to bring him. However, the child was left to live with Douglas and his family in California.
And, contrary to Gail Hiler’s prior testimony that she had sent Tristram to California to spare him the publicity that might have attached to his mother’s criminal trial in January of 2004, he actually was returned by Douglas on January 17th 2004, and not removed from Hiler’s until January 28th. It was revealed that during the eleven days that Tristram was in New York at Hiler’s, for the trial, he spotted a picture of Jing in the newspaper, and pointing
to it said, “Mama.” Douglas admitted that no pictures of Jing or her parents, or Tristram’s father have been available to him in his home, or Hiler’s.

According to further testimony by Douglas, he, Gail and their sister Tracy, each had different ideas as to how Tristram should be cared for and housed. Apparently Tristram spent ten days around the time of the
trial visiting Tracy and her son in Chapel Hill North Carolina. While this claim may be accurate, this reporter, together with Attorney Christopher Chan, made an investigative trip to Chapel Hill in September of 2004 and discovered Tristram living there.

It was revealed that Tristram refers to Douglas Kelly and his wife, Corrine as Daddy and Mommy, and refers to their sons, his cousins, as his “brothers.” Wayburn stated, “It’s no wonder Tristram is unaware now of
the existence of his mother and grandparents.

They have intentionally isolated him.” To illustrate the extent to which the Hiler and Kelly families have gone to keep him from remembering his mother, Wayburn related that a toy Lego car which Jing had sent to him through Gail Hiler, following her release from jail, was given to him, but the card and a picture of herself with Tristram that accompanied the car was kept from him.

Mr. Wayburn explained that he attempted to enter into evidence documents which would show that Craig Kelly, Tristram’s deceased father, had left more than $200,000 in liquid assets for distribution by Gail Hiler
upon his death. Both Gail Hiler, and Douglas Kelly denied any knowledge of the assets, or the granting of control over their distribution to Gail. And, Judge Schechter, consistent with her ongoing alignment with those interveners
attempting to keep Jing and her son Tristram apart, denied Attorney Wayburn’s application to enter those documents into evidence.

When questioned about the apparent injury to Tristram’s lower lip, Douglas Kelly reportedly responded. “I don’t notice anything. Mr. Wayburn, are you trying to accused me of abusing this child?” Judge Schechter has
forbidden anyone from exposing the photographic copies to the press.

Analysis:

What we continue to witness in this most incredible case is a well-calculated conspiracy between Judge Sara P. Schechter, ACS, the judge-appointed law guardian, and the Hiler and Kelly families. Chief amongst those
who would vindictively keep this mother and her child apart forever, if she could, is Gail Hiler, a conspicuously vengeful and vindictive creature, who has demonstrated her willingness to spend whatever she must, tens of thousands of dollars, and more to keep Jing and Tristram apart. That she should continue to succeed despite a court order followed by a mandamus from the Appellate Division of the State Supreme Court, First Department, demanding “The immediate commencement of visitation,” nearly a year ago, is mind-boggling.

Readers must not lose sight of the fact that it was DA Jeanine Pirro to deliberately, and unlawfully set this nearly four-year separation of Jing and Tristram Kelly in motion when she arranged the kidnapping by Gail Hiler.

Jeanine Pirro who would have the voters of New York believe that she is a victim’s advocate, Jeanine Pirro who referring to the plight of domestically abused mothers, placed the following passage in her very defamatory book “To Punish And Protect,” in 2003: “If you report you are a victim of battery, not only will we not protect you, but
we’ll punish you by taking your children away.”

Recognizing that due process has apparently failed to remedy this horrific situation, and understanding only too well the serious harm being inflicted upon both mother and child with each passing day, The Westchester
Guardian called upon our readers last week to forward letters and phone calls to Judge Schechter as well as the Judges of the Appellate Court. Once again we are providing their addresses and telephone numbers,
below, and ask you to make your feelings known to them, please.

Hon. Sara P. Schechter
New York City Family Court, New York County
60 Lafayette Street, Rm. 10a1, New York, NY 10013-4048
(212) 374-8995
(212) 374-2580 (Fax)

Hon. John T. Buckley, Presiding Justice
New York State Supreme Court, Appellate Division, First Department
27 Madison Avenue, New York, New York 10010
(212) 340-0400

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