日志
普法：造罪實錄----兼答《姜波到底犯了什么罪》
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造罪實錄
THE COURT: Very good. All right. This had been -- Mr. Southard, do you have any information --
before we proceed with respect to the equitable distribution portion, on the
last adjourn date the Court indicated it would continue with the trial today at
2:15. It's now three
o'clock. Do you have any information or does your client have any information
with respect to the reasons why the defendant in this action is not
present?
......
MR.
SOUTHARD Q: I
am going to show you a copy of what's been marked Plaintiff's 3. Do you recognize that
document? / A: Yes, I do.
Q: And
I'm going to draw your attention to the last page of the document, page 14. And
I'm going to refer specifically to the line that -- I'm pointingto which is labeled
petitioner/plaintiff. Do you see a signature there? /A: Yes.
Q: And who's signature is that?
/ A :My signature.
........
THE
COURT: I am also asking was there any other property being alleged to be
marital property. / A : No, your Honor.
..........
THE
COURT: All right. Anything further, Mr. Southard? 【P77】
MR.
SOUTHARD: ......your, Honor, I'd ask that each party be put back into the
position they would have been had there been no marriage
..... .
THE COURT: It is now -- do you have any other witnesses or any other
documents to put into evidence?
MR. SOUTHARD: No, your Honor.
THE COURT:
All right. You're resting, is that correct?
MR. SOUTHARD: That's correct, your
Honor.
THE COURT: It is now 3:15. The defendant has failed to appear on
this continued matrimonial trial, so the testimony is closed. The defendant has
not testified, has not placed any documents into evidence. The Court notes that 【--p79--】previously
the Court precluded the defendant from offering any financial information based
upon his failure to comply with the Court's orders with respect to discovery.
And even if the defendant had appeared today in court, he would be precluded from
offering any financial information. I'm going to take a very brief recess and
the Court will make it's ruling on the record.
(Whereupon, a brief recess was taken after which the proceedings
continued as follows:)
MR. SOUTHARD: I would offer, your
Honor, that the videotape corroborates, at least in part, what her claim is. She claims that
after she refused to go to the immigration hearing with Mr. FC that the
marriage deteriorated, that he was violent, that he attacked her sexually, and
also violently outside the hallway of the vestibule area of her mother's
apartment. And I think that that certainly corroborated and that part of the
overall pattern of behavior which, I would suggest, is indicative of
the fraud for immigration purposes. Because she
testified it was only after she informed him only after he got his temporary
green card that the marriage really started to deteriorate. And once she told
him that, she refused to go to the immigration hearing, that it became violent
and unsafe. And I would suggest at least that portion of it, I don't believe
that the law requires that all of it be corroborated. I just think that in part
some of it needs to be corroborated.
THE COURT: The Court was just handed Proceedings 81 two sheets of paper that,
it was reported to the Court, were delivered to the Supreme Court desk on the
18th floor. The first is a
letter titled excuse slips from the Universal Medical Service,... in
Brooklyn, dated 10/17. Mr .F is seen and examined by me
today. ... And there is no signature. There is a stamp of X..... no
signature. In
addition, in this envelope is a letter dated August 21, 2009, from So Kam Chan. .......
Now,
Mr. Southard, I am going to ask what your position is with respect to the
Court's rendering a decision in this matter today?
MR. SOUTHARD: --well, Judge, ....
THE COURT: So you are asking the Court
to go forward then?
MR.
SOUTHARD: Yes, your Honor.
THE COURT: All right. Based on the
application, the Court finds -- and again this note is not in evidence but it
was handed to the Court while the Court was deliberating prior to rendering
it's decision. The
Court also notes that this note arrived in the afternoon and it's now ten
minutes after four, after the conclusion of the testimony in this matter. So
the Court is going to conclude -- has concluded the proceeding and is 【-p84-】 going to render its final decision. ...... She testified that when she refused to
participate in the immigration matter -- and the Court notes, while it’s not in
evidence, the note that was attached to the defendant's request for an
ajournment in fact contained a copy of the 【-P86-】 wife's letter in which she is informing the immigration authorities
of her unwillingness to cooperate. And this is not in evidence, but the Court
notes that that this was in the possession of someone who brought information
to the court today......
Counselor, are you asking to conform the pleadings to the proof?
MR. SOUTHARD: Yes,
your Honor.
THE COURT: All right. And your client is using her own name; is that
correct?
MR. SOUTHARD: That's correct, your Honor.
THE
COURT: All right. Judgment of divorce is granted to the wife and annulment of
the marriage. The Court grants the annulment request by the wife and finds
sufficient grounds to annul the marriage based upon the grounds of fraud.
In addition, should counsel choose to 【-p89-】 proceed on this, the Court finds that the wife has made a sufficient
submitted sufficient proof for the Court to grant a divorce on the grounds of
cruel and inhuman treatment.
Settle judgment on notice within 60 days.
* *It is hereby certified that the foregoing is a true and accurate transcript of the proceedings. Marc Shiffm Official court Reporter
