DISCOVERY DISCREPANCIES
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Section A of this page deals with the Discovery of Margo Kushner. These are excepts of the transcript -
(Colleen Kenny is asking Ms. Kushner for her handwritten notes, on which she based her report. - page 74 & 75 of the Discovery transcript-)
Q. If I could have the opportunity to review the file before the trial, and if I had questions on anything that is in there, then I'll certainly ask you if I can't read your writing or interpret it.
A. I just don't want to release my rough notes. I just don't think that it's appropriate. The assessment and the evidence notes, I don't have any trouble with, but I don't like to --
Q. Well, those are the notes that you utilize to come to the report?
A. To write the assessment, and then I always keep evidence notes separate, and that's what these are. And then to prepare, I go back through everything to make sure I haven't missed anything for here.
Ms. McMurchie: I think the answer, Colleen, is she's not prepared to provide that undertaking, so it's something that we can deal with later.
Ms. Kenny: Okay.
A. These are messy rough notes of mine, and these are my professional prepared notes, and I don't have any trouble with these.
Ms. Kenny: Okay. Well, why don't I take the undertaing right now to the two packages of notes you've got, one that you're entitled --
A. Discovery/Court Evidence.
Q. Discovery/Court Evidence. And you had another stack of papers that you referred to earlier. This.
A. That? That's my running records of all my conversations with everybody.
Q. Are you not prepared to --
A. I need to re-write. I mean, I can find stuff through here --
Q. I wouldn't want you to re-write them if they're running notes of people. I just want to know if you would object if I reviewed these notes, that package of notes?
A. I'm afraid these things will be taken out of context because I have direct quotes; I have just my thoughts, and you won't know where it came from, and I would rather have the direct evidence. So I'm not real comfortable doing it. If a judge wants it, I'll hand it over.
Q. Okay.
A. I don't like to do it. What happens is I have to be so carefull when I'm interviewing all the time when I know that's going to happen. I'd rather have the freedom to write things and find them later and go back to that. You could pick something out of context and it wouldn't be helpful.
Q. Okay. We'll take the undertaking on that right now and we'll take you objection to the undertaking on the balance of the file at this stage, and we'll see what we need to do with that further.
UNDERTAKING NUMBER 1: PROVIDE THE PREPARED NOTES OF MS. KUSHNER.
It seems odd that Ms. Kushner is so uncomfortable with releasing her hand written notes. Her fear that the notes will be taken out of context is moot, since the typed report is the final say. Her hand written notes were to be used only for comparison to the typed copy. Re-writing those notes could serve to make them mirror the typed copy.
Section B is parts of the transcripts of Discovery of Carol Treich.
Here Colleen Kenny is questioning Carol about her brother Paul's use of marijuana and Paul's influence on Robert's use of it. page 10 & 11,
Q. Do you know whether or not he participated in having Gabe's brother, Robert, involved with drugs
A. Not to my knowledge. I don't remember Robert spending a lot of time with Paul . . . When Robert got involved with drugs, it was after the Pentzes had moved from Eagle Bay, so I don't really understand how Paul could have been an influence. He was nearn't (sic) him at that time.
(At this point Mrs. Pentz is shaking her head at the lie. In fact, there are two lies. One; Rob (Bobby) did get marijuana from Paul and eventually got into trouble at school for it. Although pot was never found on him at that time, the accusations were made, and Rob was suspended from school for three weeks. Two; Rob did spend a lot of time with Paul. They, Carol, Paul, Bobby and Gabby were all friends and over at each other's homes all the time. Rob himself confirms that Carol knew about the marijuana)
The Witness: Mrs. Pentz, I'm being questioned. I'd appreciate it if you wouldn't shake your head when I answer.
Ms. Kenny: You don't know any contact that Paul and Robert had?
A. No. Robert definitely was at our house a fair amount. He was about 13 or 14 years old at the time. We spent time with him.
Q. So, he'd be around your house when Paul was there?
A. Oh, sure.
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Here Ms. Kenny is asking Carol about meeting with Eugene Pentz regarding their (the Treich's) plan to raise the girls as their own. page 50 - 52.
Q. Now, do you remember having a discussion with Mr. & Mrs. Pentz the day before Gabe's funeral about the children and custody of the children?
A. Andrew andf I approached Mr. Pentz after the funeral. We felt it was innappropriate to talk to him before the funeral given the circumstances. And we approached him in his gallery down in the basement after, and we let him know what our intentions were. At that time he told us that they wanted to raise the children, so we realized the course it would take.
Q. So, you had no discussion with them prior to the funeral, the day before the funeral?
A. I thought it was the day after the funeral. I could be wrong. I could be wrong. I thought it was the day after.
Q. Do you remeber having a discussion at that time with the Pentzes about Mr. Pentz indicating to you that you should try and work together with respect to looking after the children?
A. I believe Mr. Pentz said that. I believe he proposed that they keep the children and give us access.
Q. And that was not acceptable to you?
A. No.
Q. And that was because Gabe had indicated she wanted you to raise the children?
A. I felt that wasn't up to the two couples to decide. I felt that --
Q. Why was that?
A. Well --
Q. Did you think that the two of you couldn't work out anything?
A. No, I didn't think so. I felt fairly strongly that they'd probably deny us access and unless we went through the legal route, that we'd never see the kids again.
(Notice how Carol, a young woman in her mid twenties, makes a psychological assessment into Eugene Pentz's future deportment, which contradicts a future recommendation of a certain psychologist, Dr. R. P. Haines that the two couples work together to raise the children. Eugene gives indication that he is of the same mind set.
Q. Now why would you think that if Mr. Pentz had just indicated to you --
A. Instinct.
Q. -- to work out an arrangment?
A. Instinct. I don't know. Instinct. I just had a feeling. Well, since then it's obviously come true.
Why would she say this, that it's obviously come true? This is the first indication on record of an unwillingness by one party to cooperate with the other, and that uncooperative party turns out to be Carol. Her own testimony indicates that the Pentzes were the ones to suggest a cooperative effort to raise the girls, and she and Andrew are the ones who want the two children to raise and are unwilling to share in the responsibility.
Q. What was it based on?
A. I don't know precisely. I just had a feeling. I just -- I knew that Gabe and Paul had wanted Andy and I to raise the children, and I felt pretty strongly that I better pursue that avenue of it.
Q. But you have nothing to base your perception on that they wouldn't give you any access, although they had indicated on that?
A. No, nothing. I had a feeling, that's all.
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It must be remembered that before Paul's death the two couples were good friends. It is conceivable that there was some talk of having Carol and Andy serve as guardians should anything happen. However, considering the extent of the lies that were told by Carol and her witnesses in order to win the right to be guardians, it would seem logical that the Treiches should not be trusted with the raising of Rebecca and Christina.