1 THE SUPERIOR COURT OF STATE CALIFORNIA 2 IN AND FOR...

1 THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

2 IN AND FOR THE COUNTY OF SACRAMENTO

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4 In re the Marriage of:

5 DAVID M. FERRIS,

6 Petitioner,

7 vs

SUSAN C. FERRIS,

Respondent.

CASE NO. 98FL05615

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REPORTER'S TRANSCRIPT OF PROCEEDINGS

Held in the Superior Court, in and for the County of 15 Sacramento, Department 121, on Thursday, December 15, 2011;

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Before the HONORABLE MATTHEW J. GARY, Judge

For the Petitioner:

For the Respondent:

Reported By:

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APPEARANCES

LARSCHEID, BUCHANAN & ZEFF 2609 Capitol Avenue Sacramento, California 95816 BY: TIMOTHY ZEFF,

Attorney at Law

IN PROPRIA PERSONA

Tara Murany, CSR No. 12892

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Pat

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1 SACRAMENTO, CALIFORNIA

2 DECEMBER 15, 2011

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4 Proceedings in the Marriage of Ferris, Case No.

5 98FL05615, came on regularly this day before the Honorable

6 MATTHEW J. GARY, Judge of the Superior Court of California,

7 for the County of Sacramento, Department 121, thereof.

8 The Petitioner, DAVID M. FERRIS, was represented by

9 TIMOTHY ZEFF, Attorney at Law.

10 The Respondent, SUSAN C. FERRIS, appeared

11 IN PROPRIA PERSONA.

12 The following proceedings were then had, to wit:

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15 Ferris.

THE COURT: Good morning. Calling Ferris and

16 MR. ZEFF: Your Honor, I don't see Susan Ferris

17 here. We are here, have been since 11: 00. I don't know --

18 she's not out in the hallway, although the bailiff can check.

19 THE COURT: Deputy Strong will make a hall call.

20 It is 11: 15. And Mr. Zeff, your client is here.

21 MR. ZEFF: Yes, he is.

22 THE PETITIONER: Yes.

23 MR. ZEFF: I will advise the Court also, I started

24 trial yesterday afternoon in Woodland. It's yesterday, today

25 and tomorrow at 1: 30. So

2 6 THE COURT: Okay.

27 MR. ZEFF: -- her showing up late is

28 inconveniencing me a great deal, so is Megan not around.

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So --

THE COURT: Madam Clerk, did we receive any

3 communication from her? Oh, here she is.

4 Ms. Ferris, good morning. Come on up, please.

5 And good morning to all.

6 THE PETITIONER: Good morning.

7 THE COURT: Okay. I continued yesterday's hearing

8 to this morning. I wanted to follow up on whether there's

9 been any contact by either parent with Megan. No, sir?

10 THE PETITIONER: No.

11 THE COURT: Ms. Ferris, how about with you?

12 THE RESPONDENT: No, I have not.

13 THE COURT: Has anyone contacted either of you

14 concerning Megan?

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THE RESPONDENT: No, sir.

THE PETITIONER: Susan and I have talked last night

17 and late into the morning, 2: 00 this morning about all this.

18 THE COURT: Any breakthroughs between the two of

19 you in trying to secure your daughter?

20 THE PETITIONER: Yeah. She's -- what Susan has

21 told me is that Megan, the shoes my daughter was wearing the

22 night --

23 THE COURT: Sorry. Let me back up just a moment.

24 Can I have both parties raise your right hands? Do you

25 solemnly swear the testimony you are about to give in the

26 cause now pending shall be the truth, so help you, God?

27 THE PETITIONER: I do.

28 THE RESPONDENT: So help me, God .

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THE COURT: Thank you.

Sir?

THE PETITIONER: Allegedly the boots my daughter

4 was wearing that night are now in her closet at her mother's

5 home. And she's saying --

6 THE COURT: On the night of December 2nd?

7 THE PETITIONER: Yes, sir.

8 THE COURT: Ma'am, do you know anything about those

9 boots?

10 THE RESPONDENT: I only know that there has -- I --

11 I did think that David broke into my home, and I filed a

12 police report when I found --

13 THE COURT: Do you know how the boots got in your

14 home?

15 THE RESPONDENT: No, I do not, sir.

16 THE COURT: Are they in your home?

17 THE RESPONDENT: They are. Yes. And I told him

18 the name of them, and it is, what Nonie (phonetic) said that

1 9 they might be her -- or David said they might be her

20 children's boots.

21 THE PETITIONER: She described them to me, and they

22 are the boots.

23 THE COURT: They are Megan's boots?

24 THE PETITIONER: Well, they were previously my

25 niece's boots, but yes, they are Megan's now.

26 THE COURT: Those were the boots she was wearing on

27 the night of December 2nd?

28 THE PETITIONER: Yes .

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1 THE COURT: And

2 THE RESPONDENT: And I do think she broke into my

3 home. Well, not broke in because I don't have a lock on my

4 door in the back gate, and I tried to communicate that to

5 you. And I do think that Megan has come into my home on two

6 occasions.

7 THE COURT: Did both of you go down to the -- and

8 report together to both law enforcement agencies as ordered

9 yesterday?

10 THE PETITIONER: Yes, Your Honor. Actually, we --

11 I spoke to one of the deputies here, and he advised against

12 that he said because you already have a report going with the

13 Sac PD. So we did go to the Sac PD and talked to the two

14 detectives that were from missing persons that were already

15 aware of this situation, and we both had time with them. And

16 they promised us and said that they would share that

17 information with the Sheriff's Department. And they said it

18 really wasn't -- they said they wouldn't even -- they said

19 they would probably not even take a report since we already

20 have the report.

21 MR. ZEFF: They mean the Sheriff's Department,

22 Your Honor. The reason they didn't go to the Sheriff's

2 3 Department is because the deputy, not this deputy, but the

2 4 other deputy that was here said he would advise against it.

25 And when they talked to the police department detective, the

26 detective there said I would advise against it also. They

27 won't do anything but will share information. They also

28 advised my client they will ramp up their investigation at

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1 this time. They didn't feel it was an amber alert situation,

2 didn't meet the criteria for it, but they are ramping up

3 their investigation.

4 THE COURT: Do you recall who the deputy downstairs

5 was that told you you shouldn't?

6 MR. ZEFF: What is the name of the other deputy

7 that was here?

8 THE PETITIONER: I -- it wasn't him, actually. It

9 ended up being a deputy that I saw where -- at the entrance.

10 THE COURT: There was a reason. I have a motive.

11 I have a reason for what I'm doing that goes beyond this.

12 THE RESPONDENT: Excuse me, I didn't understand

13 that, Your Honor.

14 THE COURT: Well, my authority here is in the civil

15 case in family law, custody and visitation. This is not a

16 criminal court. But it is likely a crime is in progress

17 involving the subject of my case, and I'll just -- I'll leave

18 it at that. I told you guys two days ago things are going to

19 get tougher. They may get tougher here very soon, or they

20 may get tougher over the course of weeks or months. It

21 depends on how this drags out.

22 But right now, Megan -- from the facts I took

23 yesterday from both of you, the questions I asked and the

24 facts that I took mirrored the elements of a crime that both

25 of you agreed to as the parents of the child. What you both

26 testified to yesterday was that, in essence, your daughter is

27 the subject if not the victim of an ongoing crime.

28 Mr. Ferris is extremely concerned and is very

'--��SACRAMENTO COUNTY OFFICIAL COURT REPORTERS ��5

1 frenetic and persistent in his efforts to obtain his

2 daughter. Mrs. Ferris is treating this as a farce because

3 part of that is because I know that Mrs. Ferris knows what's

4 going on underneath; in other words, ma'am, you tacitly

5 approve or impliedly approve of the disappearance of your

6 daughter.

7 And so where this was going yesterday was I wanted

8 to, one, gauge where both parties are in terms of the health,

9 safety and welfare of their child consistent with Family Code

10 Section 3111. And it would seem to me that if my child --

11 THE RESPONDENT: I'm sorry --

12 THE COURT: -- for any reason

13 THE RESPONDENT: -- what was that, Family Code

14 what?

15 THE COURT: -- any reasonable parent in this

16 situation was concerned with the health and safety of his or

17 her daughter, and her daughter went missing

18 THE RESPONDENT: What did you say?

19 THE COURT: -- that parent would be frenetically

20 and almost in a panic manner searching for her daughter. And

21 that would be especially true i f the daughter was with

22 someone who is a complete stranger, you have no idea who

23 she's with.

24 I asked you both whether or not you had placed the

25 child with a family member or whether the child was with a

26 family member or a friend, someone you knew. You both

27 testified under oath the answer to that was no, meaning the

28 child, if your testimony is correct as you swore it to be, is

...._��SACRAMENTO COUNTY OFFICIAL COURT REPORTERS ��6

Pat

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with a complete stranger, that you don't know whether this

person is a 290 registrant, has a criminal record, has drugs,

or alcohol or is of demented mind. You know nothing about

where your daughter is so you both testified. You just know

that they disappeared, she disappeared.

Mr. Ferris is aggressively pursuing the recovery of

his daughter. Ms. Ferris, you're aggressively pursuing

websites and Darrell Steinberg. Your daughter, apparently

from both of your testimonies, the boots that she was wearing

on the night she disappeared are now in your closet. I don't

know how they got there. They got there.

Where it's going from here, and the reason I wanted

you both and ordered you both to go to both agencies with a

court order in hand is because I wanted someone at the

agencies to take this extremely seriously. This is not a

runaway child. It happens on occasion that children go into

the underground, and it's a very rare thing, but this

underground has been in existence for decades. I'm well

aware of the underground, and that's where she is.

Can I get a physical description of -

THE RESPONDENT: Can I --

THE COURT: Can I get a physical description of -

THE RESPONDENT: I do have a right to speak, and I

don't know what is legal.

THE COURT: Ms. Ferris, hold on a second.

THE RESPONDENT: No.

THE COURT: You have the right to speak. Well,

sort of you have a right to speak.

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founding

and I do

THE RESPONDENT: I do have a right. You know, our

fathers --

THE COURT: Ms. Ferris --

THE RESPONDENT: -- are you looking down

have a right

THE COURT: Ms. Ferris

THE RESPONDENT: -- to represent myself

THE COURT: Ms. Ferris, you do --

right

THE RESPONDENT: -- in this court of law.

THE COURT: Ms. Ferris, you are representing

now,

11 yourself. And hold on, I'll give you a chance to speak.

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THE RESPONDENT: Thank you.

THE COURT: Can I get a physical description? What

14 did the deputy downstairs look like? Do you recall?

15 THE PETITIONER: He actually did look like the

16 other deputy that was here yesterday, very close-cut hair,

17 probably five foot ten, 185 pounds. That's funny describing

18 a deputy.

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THE COURT: Approximate age?

THE PETITIONER: Middle 30s.

THE COURT: Okay.

MR. ZEFF: Was he security down there?

THE PETITIONER: Yeah. And I had never seen him

24 there before.

25 THE COURT: Okay. Well, here we are ten days

26 before Christmas, and she's still gone. Ms. Ferris, have you

27 sent up any flares like I suggested?

28 THE RESPONDENT: Absolutely .

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THE COURT: And was there anything else you wanted

me to know?

my turn.

THE RESPONDENT: I would like to speak when it is

THE COURT: It is your turn.

THE RESPONDENT: Your Honor, I blame you.

THE COURT: I know you do.

THE RESPONDENT: Absolutely. If any possibility of

Meggie coming forth, she would contact me, and she hasn't.

THE COURT: Anything else, ma'am?

THE RESPONDENT: Yes, I do. And I do want to note

for the record that you under oath, Judicial Code of Ethics

Canon, and I already noted yesterday, CCP

107. l (a) (6) (C) (iii) , you are biased and prejudiced, and you

have taken my daughter from me. If any possibility existed

that she would contact me, you have removed that. And I do

blame you. And I don't care under Canon lA, you can

disqualify yourself.


THE RESPONDENT: Yes, sir, I do. Please don't talk

over me. I don't give a shit what your issues are with your

divorce or your infidelity, alleged infidelity. I f you have

an issue against me personally, you need to remove yourself

because what has happened last year and this year is not in

the best interest of my child.


THE RESPONDENT: Yes, sir. My daughter has not

contacted me, and I blame you personally for that. There is

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1 a reason that people have rights. You have not heard the

2 voice of my child.

3 THE COURT: I've offered.

4 THE RESPONDENT: No, you have not read anything.

5 The first time you listened or heard her letter --

6 THE COURT: For one week now I've been offering to

7 have your child come in, and not only would I have her

8 testify

9 THE RESPONDENT: Your Honor.

10 THE COURT: -- but I would appoint an attorney for

11 her, and I have been waiting for you to call her in. You're

12 the one person --

13 THE RESPONDENT: Yes, and that is it.

14 THE COURT: You're the one person in this room

15 right now that --

16 THE RESPONDENT: Judge, jury and executioner. I

17 know that you find me guilty.

18 THE COURT: Ms. Ferris, you're not charged with a

1 9 crime here.

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THE RESPONDENT: I would like to be arrested.

THE COURT: On what charges?

THE RESPONDENT: I haven't changed clothes. I wore

23 my comfortable clothes. Whatever, I don't care anymore. You

24 ruin people. You -- you know what, based on facts, this

25 Court has -- you personally have taken my child away two

26 times, and you have not heard her voice.

27 THE COURT: Do you think you can bring her here by

28 3: 00 today, and I'll hear her voice?

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1 THE RESPONDENT: Your Honor, thank you for your

2 time. Could you arrest me, period?

3 THE COURT: I don't have a basis. Actually, I may

4 have a basis. It is direct contempt of court to impugn the

5 personal integrity of the bench officer.

6 THE RESPONDENT: Thank you, sir. I'm ready. Can

7 you arrest me?

8 THE COURT: If it gives you pleasure --

9 THE RESPONDENT: And I'd like my Mirandas or

10 whatever, and I do want an attorney.

11 THE COURT: Direct contempt, there's no such

12 proceeding. And if that's your wish, I'm going to deny it.

13 If your desire here today is so that you can be taken down

14 and play the martyr, I won't give you that privilege.

15 THE RESPONDENT: Thank you. But you are being

16 looked at by the founding fathers. And there is a reason for

17 rights, and there are laws.

18 THE COURT: Yes, ma'am.

19 THE RESPONDENT: Yes, sir.

20 THE COURT: And some of those laws are that you do

21 not assist your child into the underground, and have her

22 disappear.

23 THE RESPONDENT: And sir, thank you for your time.

24 THE COURT: Ms. Ferris, can I address a couple

25 things with you procedurally?

26 THE RESPONDENT: No.

27 THE COURT: Well, your -- I did find your 170.l --

28 THE RESPONDENT: And you know what, I want to say


1 for the record --

2 THE COURT: Ms. Ferris, lower your voice, please.

3 Quit yelling. You said the other day either yesterday or the

4 day before that you had served some papers on Deputy Strong,

5 right? And I think when you were referring yesterday to your

6 170.1, I had received a 170.6 that I denied. I found the

7 170.1 yesterday, but it is improper.

8 THE RESPONDENT: You found it?

9 THE COURT: It is improper because it wasn't

10 served. It is improper -- just hear me out before you yell

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at me.

THE RESPONDENT: You know what, I am not

THE COURT: Ms. Ferris, if you interrupt me again

14 or raise your voice again, I will find you in direct

15 contempt.

16 THE RESPONDENT: Thank you.

17 THE COURT: Okay. Listen to me, this is to assist

18 you. If you wish to serve a 170. 1 on me, you must do so by

19 serving me personally, and I will accept service, or you have

20 to serve it on the clerk of the court, my clerk, while I'm

21 present either in court or in my chambers. The statute that

22 you cite, 170.3 (c) is the authority for that. Service, like

23 you said the other day, on my bailiff is ineffective. I have

24 not been properly served with a 170.1.

25 THE RESPONDENT: 170. 1 --

26 THE COURT: If you choose to serve me

27 THE RESPONDENT: -- (a) (6) (C) (iii) .

28 THE COURT: Ma'am, you just interrupted me again .

..._��SACRAMENTO COUNTY OFFICIAL COURT REPORTERS ��-12

1 Ma'am, i f you want to serve me on the 170. 1, you've got to do

2 it properly. I do not accept service of this, okay. You

3 also attempted to file a document called declaration

4 Stephanie Stilley, child's therapist. We're going the return

5 this document to you unfiled because it was not signed.

6 Documents, declarations must be signed under penalty of

7 perjury. This is not. So on both of these documents,

8 they're being returned to you, okay. Go ahead ask follow the

9 proper process.

10 THE RESPONDENT: And we're following proper process

11 while my daughter is missing. Your Honor, may I address the

12 Court and the bench?

13 THE COURT: Yes, ma'am.

14 THE RESPONDENT: You don't care about Megan Shay

15 Ferris. You have not read what she has written to you.

16 THE COURT: I did, ma'am. I read her letters.

17 THE RESPONDENT: No, I introduced those as evidence

18 to Joyce Medari, Family Court Service mediator, who denied

19 receipt and said it was not properly served. And I do invite

20 you, Your Honor, to acknowledge the fact that my daughter has

21 spoken to you personally in a number of ways, but you have

22 not heard her voice.

23 THE COURT: Your daughter has spoken to me

24 personally?

25 THE RESPONDENT: By her written statement with her

26 signature, handwritten, Megan S. Ferris, 14 years old. And

27 at this moment, you don't care, and you want �o find me

28 guilty.

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THE RESPONDENT: Yeah, I hold you personally

responsible --

THE COURT: Okay.

THE RESPONDENT:

she cannot contact me.

because you took my child, and

7 THE COURT: We've -- I think we've covered that.

8 Madam Court Reporter, can I impose upon you for a

9 readback? I'm looking for specific statements. Go back to

10 when Ms. Ferris began speaking at the point in the record

11 where Ms. Ferris indicated that can she speak now, and I said

12 yes.

13 (Whereupon, the court reporter read back. )

14 THE COURT: Mr. Zeff, anything further from you?

15 MR. ZEFF: I did have a couple of questions,

16 Your Honor, I would like to find out answers to. In your

17 questioning o f Ms. Ferris when you asked her initially had

18 she sent any flares up, she said absolutely. I would like to

19 know where these flares went to.

20 THE RESPONDENT: Media.

21 THE COURT: I'm sorry?


23 THE COURT: What do you mean?

24 THE RESPONDENT: Any possibility of any flare.

25 THE COURT: What do you mean? What do you mean

26 media?


28 THE COURT: You contacted the media.

'--��-SACRAMENTO COUNTY OFFICIAL COURT REPORTERS ��-14

1 THE RESPONDENT: I have no other option.

2 THE COURT: Okay.

3 MR. ZEFF: And also, my client was advised in a

4 phone call last night and we discussed this earlier, the

5 boots were found by Ms. Ferris in her closet. I want �o know

6 when those were found.

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THE COURT: When were those found?

THE RESPONDENT: Now, I did attempt to conununicate

9 to this Court and this bench that I placed a police report of

10 Mr. Ferris, and I have a copy o f that. I did not bring it.

11 But it is on record that somebody broke into my home, and I

12 thought it was him. You did not listen to me.

13 THE COURT: No.

14 THE RESPONDENT: And I think my daughter has come

15 into my home on two occasions now.

16 THE COURT: Ms. Ferris, one, I did hear you; and

17 two, I think the call of the question is when did you find

18 the boots. When did you discover the boots in your closet?

19 THE RESPONDENT: On the first time I thought he

20 broke into my home. I went into my daughter's room.

21 THE COURT: When was that, ma'am?

22 THE RESPONDENT: I don't know the date at this

23 moment.

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THE COURT: Ma'am --

THE RESPONDENT: It was last week, Your Honor.

THE COURT: Ms. Ferris, can we just do the question

27 and answer without the dramatic insulant mannerism or

28 behavior? Just -- can we just do a question and answer?

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Pat

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1 THE RESPONDENT: Is it my turn to speak,

2 Your Honor?

3 THE COURT: In just a moment. Can I get an answer

4 to that question?

5 THE RESPONDENT: Yes, sir.

6 THE COURT: Thank you. When did you find the

7 boots?

8 THE RESPONDENT: On the day, the evening that I

9 found the boots, the next day I came into court.

10 THE COURT: No, ma'am. What day? Was it the --

11 THE RESPONDENT: And I tried to tell you.

12 THE COURT: Okay. Well, tell me now. When did you

13 find the boots?

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THE RESPONDENT: You did not listen.

THE COURT: Tell me now, when did you find the

THE RESPONDENT: I don't know the exact date, so I

18 cannot give you an answer to that specific question.

1 9 THE COURT: Mr. Zeff, any other questions?

20 MR. ZEFF: I do, Your Honor. Yesterday Ms. Ferris

21 was ordered to bring us the phone records from 9 : 56 p. m.

22 Friday to 9: 4 5 a. m. Saturday, that's December 2nd and 3rd,

23 and result numbers 501 to 520, and I wondered if those were

24 here today.

25 THE COURT: Did you bring those today, ma'am?

26 THE RESPONDENT: No, sir. I am contempt of court,

27 so can you please arrest me now?

28 THE COURT: Not now, in just a moment .


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THE COURT: Okay. Did you not bring those records?

THE RESPONDENT: No, I did not. I have no records.

4 I gave Detective Dorsey the code, every information possible

5 to my phone records. I gave her my user ID and my password

6 so she can look for my daughter because that is what is

7 important.

8 THE COURT: Ms. Ferris, please --

9 THE RESPONDENT: She --

10 THE COURT: -- keep your voice

11 THE RESPONDENT: and detective

12 THE COURT: Keep your voice down for just a moment.

1 3 The question is, did you bring the documents.

14 THE RESPONDENT: No, sir, I did not.

15 THE COURT: Did you look for the documents?

16 THE RESPONDENT: I gave Detective Dorsey --


18 THE RESPONDENT: any possibility of reaching my

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child.

THE COURT: Did you look for the documents?

21 THE RESPONDENT: I introduced every possibility of

22 a document, and I did copy and paste --


24 THE RESPONDENT: every page --

25 THE COURT: Did you look for the --

26 THE RESPONDENT: and I gave it to you.

27 THE COURT: Did you look for the documents that

28 were missing yesterday from the records, the ones in the

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1 critical time period when your child disappeared? That's why

2 I ordered you to bring them today because those would be

3 records that would be highly relevant as to any phone calls

4 that were made at the time she disappeared. That's why I

5 ordered you to bring them. You didn't bring them today?

6 THE RESPONDENT: No, sir. What I did do -- and may

7 I be on record --

8 THE COURT: Ma'am, we're all on record.

9 THE RESPONDENT: -- is give every -- pardon?

10 THE COURT: We are all on record. There is a

11 record being kept.

12 THE RESPONDENT: I gave every page of every

13 document to you and attorney Timothy L. Zeff. I gave every

14 document

15 THE COURT: Ma'am --

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THE RESPONDENT: I'm not finished.

THE COURT: Hold on a second. I I don't mean to

be rude to interrupt you, but the point we made yesterday and

the point that's being made here now by me is that the

documents contained the records except for that critical time

period. That's why I ordered them to be produced.

THE RESPONDENT: Your Honor, may I speak to the

Court and the bench?

THE COURT: I'm all one, ma'am. You may.

THE RESPONDENT: Thank you. I gave

Detective Dorsey my user name and e-mail. She can also go to

Verizon and look at any phone records. I gave you every

phone record.

'"--��SACRAMENTO COUNTY OFFICIAL COURT REPORTERS ��-18

1 THE COURT: Excepting the critical time period.

2 THE RESPONDENT: No, every phone record from

3 December 2nd through December 9th. Have you heard me,

4 Your Honor?

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THE COURT: Yes, ma'am.


7 THE COURT: Ma'am, I don't have records from

8 December -- from the evening of December 2nd, do I?

9 MR. ZEFF: Your Honor

10 THE RESPONDENT: Detective Dorsey has --

11 THE COURT: Yes, I do.

12 THE RESPONDENT: -- every possibility.

13 THE COURT: I've got December 2nd at 10: 0 3.

14 MR. ZEFF: If you'll take a look at the page

15 numbered 11 at the bottom, Your Honor, and you see below the

16 listing of phone calls, it says viewing 521 to 540 of 904

17 results. It's handwritten 11 at the bottom.

18 THE COURT: Um-hmm, 5 it's page 11, yes.

19 MR. ZEFF: 521 to 540 of 904 results. Then there's

20 a page 10 that is 4 8 1 to 500.

21 THE RESPONDENT: When it's my turn to speak, I

22 would like to give you something, Your Honor.

23 THE COURT: Ms. Ferris, please quit interrupting.

24 I'll try not to interrupt you. Please don't interrupt us.


2 6 MR. ZEFF: Page 10 is 4 8 1 to 500 o f 904 results.

27 Page 1 1 is December 2nd, 2011. The last phone call recorded

28 on that page is at 9: 56 p.m. to a number in Michigan Bar .

.__��-SACRAMENTO COUNTY OFFICIAL COURT REPORTERS ��-19

1 The next page, which is page 10, starts on December 3rd at

2 9:45 a.m. So unless they didn't get copied on Tuesday when

3 she ultimately brought these records in, that's what we were

4 missing. And I presume because they are numbered in order 10

5 and 11, the Court doesn't have that also, although, I haven't

6 looked through what she presented to the Court. What we have

7 down at the bottom, viewing 501 to 520 of 904 results, and it

8 would be for that time period.

9

10

11

12

13 Your

THE

MR.

THE

MR.

Honor.

COURT: So we're looking for 521

ZEFF: No, we're looking for 501

COURT: I do have a 501 to 520.

ZEFF: Okay. That's what we need

That wasn't it could have been

through

to 520.

then,

just a copying

14 error. That's fine, but we do -- we would like those, a copy

15 of that page.

16 THE COURT: This is for the number 916-616-2060.

17 Up underneath it says, my current usage.

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like to

MR. ZEFF: Yes, and that's the

THE COURT: And that's the one we're looking at.

MR. ZEFF: That's the one I don't have, we would

have.

THE COURT: 501 to 520?

MR. ZEFF: Correct.

THE COURT: Okay. We do have that.

MR. ZEFF: Thank you, Judge.

THE COURT: Okay. Finally Ms. Ferris, anything

27 more from you?

28 THE RESPONDENT: Excuse me, what?


1 THE COURT: Anything more from you, ma'am?

2 THE RESPONDENT: Yes, I would like to speak to you

3 directly.

4 THE COURT: You may, ma'am, but I will give you

5 just a caution, let's try to stick with business here and not

6 go personal. You are already going to be in a little bit of

7 trouble right now.

8 THE RESPONDENT: Your Honor, you threatened me

9 already. I know it's personal.

10 THE COURT: Okay. Well, ma'am, here's your

11 warning. You may be heard, and then we'll end the

12 proceeding.

13 THE RESPONDENT: From 2001 to 2010 I never entered

14 a court document in any way. I am not a complainer,

15 trouble-maker. I believe a child needs both parents. And

16 you, Your Honor, would you please look at me?

17 THE COURT: Yes, ma'am. You may be heard.


19 THE COURT: Record will reflect I'm looking at you.

20 THE RESPONDENT: You have not served the best

21 interest of our child. Thank you.

22 THE COURT: All right. Thank you. Okay. For

23 today, and I think this will probably end this proceeding

24 until further motion comes up, sole legal, sole physical

25 custody to Mr. Ferris. Again, no visitation to Ms. Ferris.

26 Ms. Ferris is ordered to have no contact with the child in

27 any manner.

28 Ms. Ferris, based upon the following statements, I

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1 do find you in direct contempt o f court. And based upon the

2 interruption and your raising of the voice, in essence,

3 contemptuous conduct, the statements are as follows: One, I

4 don't give a shit what the issues are wich you -- with your

5 divorce or your infidelity, alleged infidelity. If you have

6 an issue against me personally, you need to remove yourself.

7 I have no idea what you're talking about, but that went

8 beyond the scope of this proceeding, went to a personal

9 impugning the integrity of the bench officer, which is a

10 direct contempt o f court.

11 You are the judge, jury and executioner. That is

12 more of an impugning personal character and degrading the

13 integrity of the Court. That is unacceptable.

14 You ruin people is also unacceptable. That is

15 beyond the scope of discussing aspects of the law.

16 And the quote, you don't care about the child, I'll

17 put on the minute order. I care deeply about the child, but

18 it also runs to the personal impugning of the integricy of

1 9 the Court.

20 I did advise you and instruct you on a couple of

21 occasions to not yell and to lower your voice, you could not

22 adhere to that request. And I asked you not to interrupt me

23 earlier on, and you interrupted me on a couple of occasions

24 thereafter, at least one, I think twice.

25 For these -- this misconduct in the court today, I

26 do find you in direct contempt of the Court. As you wished,

27 I am going to have you incarcerated. You are found in direct

28 contempt o f court. You are sentenced to serve five days in

--��SACRAMENTO COUNTY OFFICIAL COURT REPORTERS ��-22

1 county jail commencing forthwith. I'm remanding you to the

2 custody of the Sacramento County Sheriff to begin your

3 service forthwith. Thank you, ma'am. That should

4 probably

5 THE RESPONDENT: May I be -- may I have an

6 attorney?

7 THE COURT: Actually, ma'am, Lhe --

8 THE RESPONDENT: And may I be read my Miranda's,

9 please?

10 THE COURT: On a direct contempt of court, you're

11 not arrested, you're not Mirandized, and you don't have a

12 right to an attorney. The crime occurred in the presence of

13 the judge. Thank you, ma'am.

14 THE RESPONDENT: Thank you, sir. I appreciate your

15 time.

1 6 (Whereupon, proceedings concluded. )

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Pat

CJBNS-Blue

1 CERTIFICATE OF SHORTHAND REPORTER

2 ---000---

3 I, Tara Murany, a Certified Shorthand Reporter of

4 the State of California, do hereby certify that I am a

5 disinterested person herein; that I reported the foregoing

6 hearing in shorthand writing to the best of my ability; that

7 I thereafter caused my shorthand writing to be transcribed

8 into typewriting.

9 I further certify that I am not of counsel or

10 attorney for any of the parties to said hearing, or in any

11 way interested in the outcome of said hearing.

12 IN WITNESS WHEREOF, I have hereunto set my hand

13 this 30th day of December, 2011.

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CAUSE: The Marriage of Ferris

COURT: Sacramento County Court

JUDGE: Matthew J. Gary

DATE: December 15, 2011

Tara Murany CSR No. 12892

'--��SACRAMENTO COUNTY OFFICIAL COURT REPORTERS��__,

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