Hague hearing in the Dominican Republic

[dhanika]

Hello Everyone,

Just wanted to update you.  The final hearing was held in the appeals court in the Dominican Repubic today.  There was a another administrative wrinkle since the Dominican Republic's District Attorney was not present.  The appeals court has to wait to receive the written feedback from the disitrict attorney, who I believe has until Monday or Tuesday to provide those comments.

I will provide the details of the arguments provided by Kali Soleil's abductor as to why Kali should remain in the Dominican Republic once I get a copy of the court transcript.

One fairly significant change, CONANI has now refused to provide any closing arguments in my case.  Previously they were trying to support denial of my petition.  Apparently the CONANI representative mentioned that he has been receiving a lot of pressure from my Attorney and other sources etc....  I have been sending emails to OCI and copying the Dominican Government on the blatant mis-interpretations that CONANI has made in my case.  This may have had some effect but at least now people outside of CONANI's representative, Christian Maldonado, seem to know what is going on in my case.

I am hoping to provide another update later this week, however, the judgment wont be given most likely until end of next week.

[sue]

Did any of those emails from Jose Grullon get addressed?  And the fact that the judge might be related to this person?

[M.Capestro]

I don't understand how they can proceed with the case without CONANI presenting a closing argument? Is Christian Maldonado the only person who works for CONANI? Why hasn't CONANI fired this person or officially removed him/her from the case and provided Kali with the representation that the DR government is legally required to provide her under the Hague?

[dhanika]

I don't understand how they can proceed with the case without CONANI presenting a closing argument? Is Christian Maldonado the only person who works for CONANI? Why hasn't CONANI fired this person or officially removed him/her from the case and provided Kali with the representation that the DR government is legally required to provide her under the Hague?

I am not sure if CONANI's response is required in the court however I think by definition the Central Authority in a hague convention hearing is supposed to provide support for the execution of the return if the petition is valid.  However, even though CONANI has not responded orally to the judge's requests for their position, it is still a lot better than their previous position where they actively supported denial of my petition.

This active participation in trying to get my petition denied goes against their very obligations under the convention since they have provided no competent arguments against the validity of my petition.  I think hence their absence from participating in the arguments is better than their participation against the appeal.

[dhanika]

I don't understand how they can proceed with the case without CONANI presenting a closing argument? Is Christian Maldonado the only person who works for CONANI? Why hasn't CONANI fired this person or officially removed him/her from the case and provided Kali with the representation that the DR government is legally required to provide her under the Hague?

When my case was filed Christian Maldonado was listed as the only Attorney handling Hague Convention case.  Recently another Attorney was added, Aly Pena.  What might be troubling though is considering Mr. Maldonado/CONANI's behavior in my case how many other cases have been botched by CONANI?

I am planning on furthering my pursuit for accountability for CONANI's actions by alerting more officials in the DR and may need help from the BSHF community to send emails to Dominican Government officials.  They have to be held accountable not just for my case but for future cases as well.

[sue]

Have you heard anything?

[dhanika]

Hello Gail,

I have been told by my Attorney that the appeals court will most likely give their judgment on Wednesday or Thursday of this week. 

I was also told that CONANI did not take a side this time however the District Attorney argued against me even though they provided very little rationale for why they did so.

From what I understand Sandra Zemialkowski is continuing to try and sensationalize her story from claiming that there was an act of Domestic violence against her (though she actually struck me and tried to bribe a witness to support her story) to her opinion that somehow I am not a United States Citizen (not sure how she is qualified to say that) even though in the end it does not matter whether I am one or not, the important aspect is Kali Soleil's habitual residence which is clearly Massachusetts, and there are some other pretty sensational statements.  She even claimed that she never intended to get married to me though she clearly claimed in her deposition that she did.  She also apparently said that she never intended to return and that was known before she left, again in direct contradiction to her own sworn affidavits and deposition.

[sue]

I don't understand why a District Attorney would have anything to do with this.  Shouldn't this just be between your attorney, her attorney and a judge?

[SageDad]

I don't understand why a District Attorney would have anything to do with this.  Shouldn't this just be between your attorney, her attorney and a judge?

District Attorneys, or MPF's in Brazil and MP's in Mexico represent the "public interest" and are almost always involved in noncompliant countries and always say the child belongs in their country with their mother.  They have been involved in my case at almost every level and have never supported me.  They normally only get involved in criminal cases but these schizophrenic countries won't treat the actual abduction like a criminal act but view returning the abducted children as a potentially criminal situation that prosecutors need to get involved in.

[sue]

That is so very wrong.  Their Country signed the Hague and their Prosecutor's are fighting against it, very wrong and a waste of money, it should have nothing to do with the DA.  Especially Mexico, I would think their DA's should be going after the drug cartel!  This is ridiculous.

[dhanika]

That is so very wrong.  Their Country signed the Hague and their Prosecutor's are fighting against it, very wrong and a waste of money, it should have nothing to do with the DA.  Especially Mexico, I would think their DA's should be going after the drug cartel!  This is ridiculous.

Hello Gail, from what I understand speaking with my Attorney, in the Dominican Republic because this case involves a minor it is required by law that the District Attorney be present and provide an opinion.  In my case there have been in fact 4 parties present, me, Kali's abductor, the District Attorney and the Attorney from CONANI.  In a 'normal' Hague Case CONANI would be pressing the case on my behalf before the courts since they accepted my petition.  However, CONANI participated, even after accepting my case as valid, to oppose my petition.

I had a real bad feeling from the initial rejection of my petition by CONANI and the brazeness with which they gave such an incompetent argument against my petition that I definitely could not rely on CONANI.  This despite the fact that according to the Hague Convention CONANI is supposed to press my case and support it.  This is why I had to retain a private Attorney and I am really glad I did.

I can only say that parents should be very weary of letting their children go to the Dominican Republic.

[dhanika]

I have just been informed by my Attorney that there is a chance that a judgment may not be given this week.  We have been getting some very conflicting signals from the courts, anywhere from this week to 1 month out.  I'll let everyone know as soon as I hear something or get a better idea of what might be happening.

[dhanika]

We did not get a judgment yesterday.  I am being told that due to the number of issues being decided and the visibility of my case that there seems to be a more careful approach to my case.  It seems that my case may be the first Hague Convention case that has gone this far up the judicial system in the Dominican Republic and according the to the clerk in the appeals court the judges may be careful since this is a 'first impression' case.

Additionally, given that our evidence and arguments alone are probably close to 250 pages its not unexpected.  I am hoping that this means the judges will read the factual evidence unlike what seems to have happened when Judge Antonia Josefina Grullon Blandino gave her judgment.

As soon as I hear something I will provide an update.

[phillyone]

I Hope this is postive for you... they consider this a high visibility case and the first Hague case in DR and they want to give careful judgement.

Praying for you! I hope this works in your favor and Kali gets to come home to you soon!

[dhanika]

Hello Everyone,

Just an update, it is now week 3 and still no ruling in the appeal.  The clerk at the appeals court informed us that this is the largest case (by volume of documents) they have handled and it may take several weeks more. 

I can only hope this means that the judges are actually examining the evidence we provided.

Dominican law requires an appeals court ruling be made within 5 business days of receiving all arguments in the appeal but this seems to be an exception in my case again apparently due to the visibility of my case.