THE KUSHNER REPORT

On Sept. 8, 1992 a letter was written by Margo Kushner stating that on September 3rd Carol and Andrew Treich had visited her office and "retained (her) services to commence a child custody investigation"

On the same date that the Treiches visited Margo Kushner's offfices, (September 3rd) Colleen Kenny, lawyer for the Pentzes, wrote a letter to the Pentzes, explaining that she and the Treich's lawyer had decided to ask the court to appoint Margo Kushner to do the home study.

It is clear that, without Eugene and Gabriella's knowledge, the Treiches had hand-picked Margo Kushner to do the study, and that the lawyers for both sides had agreed to the selection.

If you wish to have a copy of the entire Kushner report, or the letters that were written, please send a S.A.S.E. along with $3.00 postage & handling, to the Pentz address listed on this website.

The home study on both the Pentzes and the Treiches to determine child custody suitability was done over a several day period in November of 1992.  The following is a synopsis of what the report said. 

REASONS FOR SEEKING CUSTODY  

PENTZ:  Kushner stated that the Pentzes felt that raising the two girls would be a symbol of their lost daughter and that by raising them, the Pentzes would “complete their family and make up for the losses they have previously suffered.”  Kushner also states that the Pentzes felt their daughter wanted them to raise her children and it is why she place the girls in the Pentz’s care before her death.  

TREICH:  The Treiches wanted to raise the girls, Kushner says because they could “offer a stable and loving home.”  They said that Gabby told them the “she had concerns about her own upbringing”, and wanted them to raise the girls, saying that “she was physically abused by her father (Mr. Pentz) and exposed to excessive and rigid discipline as a child.”  Kushner also pointed out that the Treiches are the girls Godparents and the executors of a $250,000 life insurance policy which the children’s mother purchased after her husband’s death.

 EMPLOYMENT  

PENTZ:  Kushner reports that Mr. Pentz is an artist and he and his wife have been working as partners in business since 1973.  Kushner said that “as Mr. Pentz is self-employed, it is difficult to track his income” but she did report a 1991 tax return showing he had earned $9,075.91 and Mrs. Pentz earned $5,989.58.  She did point out that the Pentzes received $30 a month for each grandchild and she observed that they were able to live comfortably on their income. 

TREICH:  Kushner reported that Carol Treich was employed in 1992 as an operating costs accountant and earned 28,000 per annum.  Andy Treich earned a monthly gross salary of$2,600.  Kushner states that if Carol decided to quit her job to raise the girls “they would definitely be on a tight budget.”  Kushner ends this this section by stating that she felt the Treich’s “Net worth will far outweigh the Pentz family when they reach the Pentz’s age.” 

EDUCATION  

PENTZ:   Kushner reports in this section that she found the Pentzes to be “very pro-education”.  She says that the Pentzes saw “the benefits of obtaining a formal education and  (they) correlate educational obtainment with personal satisfaction”.  Kushner wrote, in parenting skills with regards to educating their own children and found that “it was the one area of parenting where (they) were willing to criticize themselves.”  According to the report the Pentzes regretted not moving their son, Robert ahead a year in school for fear that their daughter would feel intimidated.  As a result, Kushner said, Robert “never received the stimulation he likely need (sic) to remain interested in school and eventually left prematurely ...”  She concludes to say that she was “optimistic that (the girls) grandparents would encourage them to obtain a formal education.” 

TREICH:  Kushner report that Carol Treich had one year of college education and Andy completed high school through correspondence.  Andy is reported to have wanted to study forestry but both admit, according to Kushner, “that not all people are academically inclined.” 

HEALTH  

PENTZ:  Kushner spent more time discussing the health of the Pentzes than the Treiches.  She reports that Mr. Pentz was in “excellent physical health”  but Mrs. Pentz was reported to be “in relatively stable health.”  Kushner spoke with Dr. Ian White, the Pentz’s physician, who said that Mrs. Pentz suffered pain from leg and back spasms that “was not psychologically based.”  With regard to emotional health Kushner reports that “historical medical records from 1987-89 compiled by Dr. Douglas Henderson, depict this couple as having long-standing marital problems”.  Kushner said that the Pentzes denied having such problems.  Kushner says that “Mrs. Pentz lacks insight into how her behaviour impacts other people."  With regards to Mr. Pentz, Kushner states that she regards him as “a very intense, angry man, who projects blame onto society and others for his family problems” and that Mr. Pentz spoke of his daughter “in a way that makes one feel he has lost a lover.”  To conclude, she says that she fears Mr. Pentz would do something irrational if he were not to receive custody of the girls.  Nowhere in this report does Kushner discuss how the impact of grieving the loss of his daughter and son-in-law may affect him.  

The last quarter of the report is devoted to the assessment of the children.  Kushner begins this section by describing briefly the physical and cognitive development of both girls.  She says that the girls were tall for their age.  At the time of Kushner’s assessment both girls had had colds for six weeks and were being treated by the Treich’s doctor.  Kushner states that “grosse motor skill seems to be slightly delayed” for the youngest girl.  Both couples, according to the report, “expressed concern over the girls’ language development”.  She says  “both families shared information . . . which clearly depicts two infants who were exposed to too many caregivers and were not stimulated adequately by their mother and father.”  Kushner writes that the girls seemed confused due to cognitive limitations in infancy.  She goes on to say that the Pentzes “have a difficult time grasping the fact that the girls have been traumatized on a feelings level” and that they “believe that these girls are too young to have been impacted by the loss of their parents”.  Kushner reports that Mrs. Pentz felt the oldest has become more relaxed after living with the Pentzes but Mr. Pentz said that the youngest girl “rarely snuggled”.  But Kushner observed that the girls “did not laugh excessively or show joy while interacting with the Treiches or the Pentzes.”    

Kushner said that the issue of attachment was a  major concern in her evaluation.  Her first home visit was to the Pentzes, on Oct. 30 and 31, 1992.  She states that “the girls were overtly clinging, affectionate with myself, who at that time, I was a perfect stranger . . .”  She also says that the girls called the Pentzes “Mamma” and “Pappa”.  (Author's note: These are common terms for Grandma & Grandpa in the Pentz family) During the November 16th visit to the Treiches, the girls called Mr. Treich “Daddy”.  Kushner says that she saw the most confusion in the girls when both the Treiches and the Pentzes were together.   She writes, “the oldest followed Mr. Treich and Mr. Pentz outside, and called both individuals “Daddy”.  Kushner also states that on a later visit to the Treiches the oldest girl pointed at all the family pictures and pointed to everyone, saying “Mommy”.  Kushner concluded that the girls had a stronger emotional response to being around the Pentzes and the girls “will seek out one another in lieu of their grandparents.”  She did not mention whether or not the girls do this when they are with the Treiches.  Kushner also concluded that the girls “did not have stranger anxiety.”  Nor did they exhibit signs of attachment because they apparently did not cry or protest when a familiar person left the room. 

DESIGNATION OF CUSTODY  

Kushner awarded custody of the girls to the Treiches because she felt “that the Pentz’s rigid attitudes and high need for control will only fuel ineffective parenting when the girls are in their teens.”  She also states that the oldest girl, “is in the unfortunate position of reminding the Pentzes of their deceased son-in-law who Mr. Pentz, in particular, clearly despised.”  She also states that the Pentz’s motivations for raising the girls is based on replacement issues due to the death of their daughter.  Kushner says that putting the girls into this position “can result in schizophrenia” in adult life.  

In reference to the Treiches, Kushner writes that they are inexperienced as parents and “they desperately require knowledge regarding infant safety and care.”  Kushner  restricted the Pentz’s access to the girls, by allowing them to visit the girls every third weekend from noon to five PM on Saturdays, and nine AM to one PM on Sundays.  All visits were to take place where the Treiches lived.  Only after a six month period could this arrangement be evaluated. 

Kushner concluded her report by saying that Mr. Pentz was “at risk of suicide if faced with further loss.”