Before the hearing commenced, Ms. Mears was overheard asking Shannon Kelly and Ms. Engelbret if Ms. Frederick was investigated for the child abuse allegation. They both said "yes, we did an investigation."

This time around, Ms. Frederick was recalling Shannon Kelly and Kay Engelbret to testify. When she asked that one of them take the witness stand, Ms. Kelly and Ms. Engelbret squabbled as to who should go first. They both looked up at the judge and told him that neither wanted to testify. Judge Carpenter said, one of you will have to take the stand. Ms. Engelbret asked, if her and Kelly could go together. Judge Carpenter said, no we clearly can not allow that. I was perceptive that they knew they were beat during the April 5th hearing and it appeared they knew what they would be in for this time around, too.

When Ms. Kelly took the witness stand on direct examination, she methodically described the entire April 9th bathtub beating as Stephanie's own fault. Ms. Frederick was now the abused victim of Stephanie's emotional problems and disobedience. Ms. Kelly concluded that Stephanie was not beaten by her mother, but is a problem child who tells whoppers. The new twist CYS gave to Stephanie's beating allegation was she had been a difficult and out-of-control child that day, who needed to be subdued from hurting herself and her half-sister's baby. Putting icing on the cake, Ms. Kelly described Steph's half sister as being trained and certified to restrain people and Steph was only being brought under control. Ms. Kelly also noted that Ms. Frederick was so concerned for Stephanie that she had called Dr. Baker on April 9th to see what should be done with Stephanie. Further testimony revealed that Stephanie's half-sister (Jandora) was now in the employ of Blair County Family and Youth Services.

The cross-examination of Ms. Kelly by me went as follows: Did you tell me on April 10th, that Stephanie was being placed at Conemaugh for protective custody? She answered, yes. Didn't you tell me that this could he used as a second opinion and possibly Stephanie could be reduced or taken off the medications? She answered, yes. Who provided Conemaugh with the intake information of Stephanie's emotional problems? She answered, Ms. Frederick did. Did CYS take Stephanie's complaint serious? She answered, yes we did. So serious that you allowed the mother to take her to Conemaugh and admit her? She answered, yes, but you know Stephanie fantasizes and tells stories---just like the story she told us that you beat her up once. But I was investigated on that allegation, wasn't I? She answered, yes. Was Ms. Frederick investigated for the bathtub beating? She answered "no." Is Ms. Frederick going to be investigated? Ms. Kelly answered, not at this time. I told Ms. Kelly that Dr. Hanlon did no examination of Stephanie while I was in the examining room. You just testified that it was only a couple minutes after I left until you went into the examining room with Stephanie. Did Dr. Hanlon do an examination of Stephanie in your presence? She answered, no. Did Dr. Hanlon do any examination of Stephanie that day? She answered, I don't know.

Kay Engelbret's testimony was a brief confirmation of Shannon Kelly's testimony. Ms. Engelbret also testified that she was in contact with Dr. Baker on April 10th, and Dr. Baker suggested that Stephanie be dispositioned. What had become a predictable pattern during the custody hearings, Ms. Engelbret said Baker agreed that Stephanie should be hospitalized and at this time, it was Conemaugh.

In summary, Ms. Frederick placed her sister Eileen Delozier on the witness stand to give alibi that Stephanie was not removed by knife point on the night Stephanie was abducted. Ms. Delozier also was asked to give her version of the bathtub beating of Stephanie on April 9th.

When I cross-examined Ms. Delozier, her composure collapsed and she claimed that she did not see a knife the night Stephanie was taken away, since Stephanie's half-sister was standing behind the door. I asked Ms. Delozier if she was told by Ms. Frederick or Jandora that a knife was involved that night? She answered yes, I knew Jandora was holding a knife to protect herself

At the close of the hearing, Judge Carpenter hinted to Attorney Beverly Mears that she would probably want the people who were involved with Stephanie's treatment at Conemaugh Memorial Hospital to testify. Of course, Ms. Mears agreed.

At the May 9, 2000, custody hearing four witnesses chronologically testified in this order: Conemaugh psychologist Denis Kashurba, Conemaugh social worker Kathy Waligora, Conemaugh psychiatrist Rudolfo Medina, and Ms. Lou Ann Frederick.

In summary, Ms. Waligora's testimony was comprised of her family therapy session with Stephanie and her mother and subsequently with me and Stephanie together. She described the meeting with Stephanie and her mother as starting out well when Steph was presented with a gift from her mother. A short time later, Stephanie became upset and threw things around the room when her mother answered questions concerning the paternal family. Ms. Waligora described her meeting with me and Stephanie as going well with Stephanie laying her head on my lap. She observed that Steph was well behaved and only displayed some restlessness because she wanted to see the rest of her paternal family that was waiting outside.

In summary, Ms. Mears tried to develop Dennis Kashurba's testimony through his observations of Stephanie at Conemaugh. He attempted to establish that Stephanie was an angry, hostile girl who needed much psychotropic medications, psychotherapy, and institutionalization. He portrayed Stephanie as a child who was beyond the control of her parents and needed to be placed in a Restricted Treatment Facility. Mr. Kashurba explained that this facility (basically a prison with locked doors and fences) would eventually break Stephanie's will into compliance. He said this would require more psychotropic medications and long term isolation from family. Mr. Kashurba said he derived these conclusions through his personal interactions with Stephanie and background input from Stephanie's mother. He also acknowledged that he never talked with me to develop his recommendations. Ms. Mears then questioned Mr. Kashurba if input from both parents might have resulted in a different diagnosis. To cover himself Mr. Kashurba said he would have came up with the same conclusions, absent any parental input.

When I cross-examined Mr. Kashurba, I told him I had before me a drawing that Stephanie drew for Dr. Baker depicting being removed from her home by knife point the night of the marriage breakup. I told Mr. Kashurba that Stephanie has also went through numerous other traumatic events in her life. Without saying more, Mr. Kashurba said Stephanie could be suffering with Post Trauma Stress Syndrome. I told Mr. Kashurba that the record in this case has consistently indicated that it was Stephanie's desire to return home to live with her father. Could Stephanie's behavioral outburst be her method of crying out for someone to listen to her? He answered, it could be. And if the doctors and even this court has denied allowing Stephanie to go home, would that be an emotional stressor in Stephanie's life? He answered, yes.

IIn summary, Ms. Mears tried to develop Rudolfo Medina's testimony that Stephanie was a troubled girl who needed to be medicated to control her behavioral problems. In doing so, he said that he had given Stephanie Depakote to supplement her established regimen of Prozac and Zyprexa medications. Ms. Mears asked if Stephanie's dosages were in the normal range for children her age. Of course, Mr. Medina said they were within the normal levels for children. Like Mr. Kashurha, Mr. Medina was also advocating the Restricted Treatment Facility for Stephanie.

When I cross examined Mr. Medina, I asked him if he had ever talked with me or Ms. Frederick? He answered, he did not. I asked Mr. Medina where did he acquire his information to come up with his diagnostic conclusions of Stephanie? He answered, from the mother on the admittance form to enter Conemaugh and the other doctors" reports. I asked Mr. Medina why he had not talked to me concerning Stephanie? He answered, he would have but wasn't aware I wanted to talk with him. I told him I tried, but I was told you were too busy to talk with me. He answered, he would have met with me, had he known. I asked Mr. Medina if he had looked into Stephanie's background to see what could be causing Stephanie's emotional and behavioral difficulties? He answered, no, I treat my patients for the symptoms that I see when entering the hospital. I asked Mr. Medina if he was aware Stephanie was involved in a confrontation in a bathtub prior to her admittance to Conemaugh? He said, he read something about it. I asked Mr. Medina if the first doctor who became involved with Stephanie had deliberately misdiagnosed the home environment evaluation and treated her accordingly, be guilty of child abuse? He

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