No. 07-13058
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Custody
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Courtroom 11

Tuesday, January 15, 2008

Commencing at 1:36 p.m.

Before: The Honorable Rhonda Lee Daniele, Judge

From the Court transcript:
 

THE COURT: "Who are you?"
MR. MAUGER: "I'm sorry, ma'am, Your Honor.  My name is George Mauger.  I'm Name Redacted father."
THE COURT: "Okay.  You can't sit at counsel table with her.  You have to sit in the back."
MR. MAUGER: "Am I not allowed to represent her?"
THE COURT: "Are you a lawyer?"
MR. MAUGER: "No, ma'am."
THE COURT: "Well, then absolutely not.  You're not allowed to represent her."         

Note to Reader:  Oh dear, George must have been so disappointed.  The suit he acquired, his brown expanding file, his folksy charm & wit would not have an opportunity on this day to benefit his daughter as he had hoped.   

The Court questioned Ms. Mauger who said many unfortunate things about the child's father.

From the Court transcript:

MS. MAUGER: "And he -- several of his actions while we were together would make me not want him to be around her.  He's a liar.  He's a thief.  He does drugs.  Several times I had to have his probation officer out at the house because he was high on cocaine.  He doesn't have a license, and I definitely wouldn't want him driving anywhere, and he pulled a dildo out in front of a 3 and 4-year-old girl and boy, and that was actually the weekend before I left him, and several times when we were together."

Counsel was present to represent the child's father and while questioning Ms. Mauger, George interrupted.  Several times during the hearing, George, not unlike a grade school student, raised his hand when he had comments or questions.

From the Court transcript:

ATTORNEY: "Would you be surprised to know that your father indicated to me that you are moving in with him and his mother?"
MR. MAUGER: "No. No, you got that wrong."
MS. MAUGER: "Yes, I am surprised in that."
MR. MAUGER: "She got that wrong."
THE COURT: "Excuse me.  You can't just yell out, Mr. Mauger."
MR. MAUGER: "I'm sorry."
THE COURT: "Put your hand down.  Okay.  She's testifying now.  You'll get your opportunity, if she calls you as a witness to testify, but you just can't blurt out, and you just can't interrupt the questioning that's going on."
MR. MAUGER: "I apologize, Your Honor."

Later in the Court transcript:

ATTORNEY: "Okay.  Were you still living with him?"
MS. MAUGER: "My father?"
ATTORNEY: "Yes."
MS. MAUGER: "No."
ATTORNEY: "Did he move out?"
MS. MAUGER: "He actually went to jail."
ATTORNEY: "Okay.  It's true, is it not, that he went to jail for drug charges?"
MS. MAUGER: "Yes."
ATTORNEY: "Okay.  It's true, is it not, that he went to jail for attempted murder charges?"
MS. MAUGER: "I'm not sure if that was one of his charges."
ATTORNEY: "Why--"
MS. MAUGER: "I would think that if he was charged with attempted murder, he wouldn't be out."
ATTORNEY: "Okay.  While you were living together, it's true, is it not, that your father drew a gun on you?"
MS. MAUGER: "Yes."
ATTORNEY: "Okay."
MS. MAUGER: "But it was not the way that you are trying to make it sound."
ATTORNEY: "But your father currently watches your daughter while you're at work now?"
MS. MAUGER: "Yes."

The questioning turned from George as a topic to the child's father.

From the Court transcript:

ATTORNEY: "Thank you.  You mentioned that incident, I'll quote you, with regard to a dildo?"
MS. MAUGER: "Yes."
ATTORNEY: "Was that his? Did he bring that into the house?"
MS. MAUGER: "No, it was actually mine, when we lived together."
ATTORNEY: "Okay.  And was this is in a bedroom that this event took place?"
MS. MAUGER: "No, it was behind the couch."
ATTORNEY: "Okay.  And the couch is located where?"
MS. MAUGER: "In the living room."
ATTORNEY: "In the living room.  Okay.  So did you leave it behind the couch?"
MS. MAUGER: "To be honest with you, I'm not really sure how it got back there.  It had chew marks, so I kind of assume that the dog was playing with it or something.  Who knows?"

Later in the Court transcript:

THE COURT: "Do you have any other testimony or any other witnesses that you would want to provide evidence to the Court?"
MS. MAUGER: "I think my dad is a little anxious to come up and answer --"
THE COURT: "Well, my question is to you, because you're here representing yourself, pro se.  I could care less is he's sitting out there and he's anxious to take the stand.  Do you have questions that you like to ask him as far as presenting additional evidence or testimony before me?"
MS. MAUGER: "Yes, I would like to ask him some questions."
THE COURT: "Okay.  Mr. Mauger, take the stand."

From the Court transcript:

MS. MAUGER: "Mr. Mauger, how would you describe your relationship with Name Redacted?"
MR. MAUGER: "Great, she's the joy of my life.  She's highly intelligent.  She just makes my whole day.  We have a real good bond.  She definitely knows who grand pop is.  I live with my mother, who also -- she's 73 years posterity.  So she can occasionally feed her, but she can't lift her or anything like that.  So, you know, we do everything together.  I take her everywhere I'm going.  We play together.  We watch cartoons together.  It's like when you have a child, that's like the biggest blessing of your life.  So it's like I got another chance at raising a child.  I wish I could have another child on my own, but I can't, but she's definitely a gift from God."
MS. MAUGER: "Is it true that you're already starting to potty train her?"
MR. MAUGER: "Yes, that is true, started.  She has nine stars on her chart.  Actually, the first time she went, I took a picture of it for posterity.  I know that sounds sick, but it was an exciting moment.  It's one of those talking seats, so when you sit on it, it starts to sing to you, you know."
MS. MAUGER: "Mr. Mauger, when the defendant and I were still together and living together, and you were also there, did you ever witness him doing any sort of drugs or illegal activity while I was away at work?"
MR. MAUGER: "Yes, I did."
ATTORNEY: "I object, Your Honor."
THE COURT: "What's the objection?"
ATTORNEY: "I think it was asked and answered earlier."
THE COURT: "I don't think I heard it from him.  I heard it from her, but objection overruled."
MS. MAUGER: "Can you answer please?"

MR. MAUGER: "I get overruled and sustained mixed up.  Yes, on a number of occasions.  I, unfortunately, made a very poor choice, and he got me started in cocaine, and it was probably one of the most stupid things I ever did in my life.  I regret it greatly."
MS. MAUGER: "How often would you say that he did it?"
MR. MAUGER: "All the time.  He still owes me money for stuff, oh, please, please, please, you know."

MS. MAUGER: "Is it true that he is on probation?"
MR. MAUGER: "Yes, to the best of my knowledge."
MS. MAUGER: "And to your knowledge, did he ever have a -- what they would call a hot urine?"
MR. MAUGER: "Yes, he had them.  I know of at least one occasion with the parole office, and then several occasions that you had administered the test yourself."

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Note to George:  Humor us George - besides your daughter's former boyfriend, does anyone else owe you money for cocaine?  Not to be nosy, but do you owe anyone money for cocaine?  Might this activity have something to do with your recent attempt to get your concealed weapon permit through Sheriff Durante?  We're just wondering...

We'd also like to suggest that you refrain from attempting to practice law at least until you get "overruled" and "sustained" straight in your mind.

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It was then time for the attorney to Cross-Examine George.

From the Court transcript:

ATTORNEY: "Mr. Mauger, you indicated that Name Redacted did drugs and he partied?"
MR. MAUGER: "Yes, sir."
ATTORNEY: "Is that correct?  And it's true, is it not, that you and him would do drugs together?"
MR. MAUGER: "Yes, sir."
ATTORNEY: "It's true, is it not, that you were involved with cocaine prior to meeting Name Redacted?"
MR. MAUGER: "No, sir."
ATTORNEY: "So it's your testimony today that you had no drug use prior to meeting Name Redacted?"
MR. MAUGER: "No."
ATTORNEY: "Okay.  Did you have any drug use?"
MR. MAUGER: "No, other than prescription medication, no.  I made a mistake, and I will never, ever make that mistake again."

Later in the Court transcript:

ATTORNEY: "Okay.  It's true, is it not, that Children & Youth Services at one point indicated that you were not to be around the minor child?"
MR. MAUGER: "No."
ATTORNEY: "So it's your testimony that you've not spoken to anyone from Children & Youth, nor your daughter, Name Redacted, with regard to you being around the minor child?"
MR. MAUGER: "The only thing that I spoke with Children & Youth was about -- I can't think of his name.  I'm drawing a blank."
ATTORNEY: "The question is --"
MR. MAUGER: "I can't remember the kid's name."
ATTORNEY: "It's your testimony that no one from Children & Youth, nor your daughter, Name Redacted, ever said to you that you're not supposed to be around the child?"
MR. MAUGER: "That's correct."

The attorney questioned the child's father. 

From the Court transcript:

ATTORNEY: "After Name Redacted and your separation, did you know her to live with anyone else?"
FATHER: "Yeah, I actually found out she was sleeping with one of my employees about two weeks after I vacated the home."

Later in the Court transcript:

ATTORNEY: "Regarding, Name Redacted, do you know -- has she ever made any threats with regard to allegations of you interacting with the child?"
FATHER: "Oh, absolutely."
ATTORNEY: "Can you explain that to the Court."
FATHER: "Several times we would get into an argument.  She said she's going to pack her shit, and move down to South Carolina, and take my daughter from me, and that would, in turn, aggravate me, and then we would argue, and things would escalate from there, several of those incidents.  I remember one specific she told me if I ever gave her any problems, if we broke up, she would call my P.O., tell him that I -- can I say this?  She told me that she would tell my P.O. that I finger fucked my daughter, end quote, and at this point, I -- pertaining to the fact what I'm on probation for, any allegations whatsoever would land me in the hoosegow for a very long time.  I'm not going back.  I don't like it.  I immediately spoke to Name Redacted, and Name Redacted came to the house and confronted Name Redacted about it, and she admitted what she said."
ATTORNEY: "Can you briefly explain why you did not trust Mr. Mauger being around the child?"
FATHER: "How much time you got?"
ATTORNEY: "Answer the question."
FATHER: "Mr. Mauger has lived a lifestyle of thievery, lived a life style, he opened credit cards in his children's name, ruining --"
MS. MAUGER: "Objection."
FATHER: "--Name Redacted brother's credit."
THE COURT: "What's the objection."
MS. MAUGER: "Hearsay.  He doesn't know.  How he would --"
THE COURT: "How do you know that?"
FATHER: "How do I know that?  I have proof."
THE COURT: "How do you know it?  Tell me how."
FATHER: "Mr. Mauger specifically spoke to me, as well as Name Redacted."
THE COURT: "If he told you himself or she told you, you can testify to it.  If you found out any other way, you can't tell me."
FATHER: "Mr. Mauger told me himself."
THE COURT: "Okay.  Objection is overruled."
FATHER: "Do I keep going?"
THE COURT: "Yes."
FATHER: "Okay.  Mr. Mauger has a problem with the truth.  He has a -- how do they say that?  A habit of lying to government authorities, stating why, you know, he should still be on Medicare, Medicaid, have his -- to support his opiate addiction."

The attorney questioned the father's parole officer.

From the Court transcript:

ATTORNEY: "Okay.  And another incident with regard to, did Name Redacted ever bring to your attention certain comments that Name Redacted would threaten him with regards to the children, specifically, there was a comment that Name Redacted indicated she would bring the child -- she would tell the Court or tell the police that he inserted his finger into the child?  Did he ever report this to you?"

P.O.: "Name Redacted called me very upset.  As a matter of fact, he also discussed it with his counselor.  He was very, very upset by this, and he alluded to the fact that she had threatened him about he -- if she gets angry with him, that he might have done something to Name Redacted.  Well, I was at the house one afternoon.  We were out on the back porch, and I wanted to address this with Name Redacted, and I told Name Redacted basically that those statements made, they're vicious, that you can't just do that.  Her basic statement to me was, and this was, again, upsetting and about her temper.  She says, well, I was angry at him, and I just didn't care, something of that nature."

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The Honorable Rhonda Lee Daniele granted the child's father visitation on Sunday afternoons.

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Regarding the "dildo incident," it was investigated by the authorities and no charges were filed.

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Regarding the mention of "attempted murder" charges, we have some information concerning that matter.  George's daughter and her boyfriend had recounted the occasion when George was angry with a particular man.  George made several phone calls to trick the man into stopping by the rental home.  Meanwhile, George awaited his arrival with a gun and a knife and had stated his intention to kill the man.  The boyfriend had quietly called the man himself and clued him into the true purpose of the visit, thwarting George's plan.  George's daughter and her boyfriend reported this murder attempt to the authorities.  We're unaware of any charges brought against George in this matter. 

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George continues to babysit the child.

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If you wish, you can obtain your own copy of the complete transcript from:

Edward McKenna
Official Court Reporter
Montgomery County Courthouse
P.O. Box 311
Norristown, PA 19404
(215) 784-5416
 

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