properly format this: A. Discussed the fact her daddy will
be corning back from China for Christmas and she
will get to see him and her Grammy will be
there. She thinks even her Poppa might come
this time .. In the next paragraph, she says she
feels okay seeing Daddy with Grammy: The note
says she knows he will keep his pants on. And
also she doesn't have to stay overnight.
Q. So, she's expressing her comfort
level
A. Yes.
Q. -- with the circumstances of the
visitation and seeing Father and she likes
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Grandma and Grandpa?
A. Yes.
Q. Is that a fair assessment?
A. Yes.
Page 89
Q. Any expression of concern, fear,
anything of the sort about seeing Father,
seeing him under those circumstances?
A. No, not at that time.
Q. All right. Next notation, 12 --
A. We've already done that.
MS. GEARHARDT: We went through all
those notes during my --
BY MR. LOPEZ:
Q. Well, ma'am, what you said, not at
that time, about the fear, reservation, things
of that sort, are you saying then in the
meeting of 12-11 or 1-8, she indicated a fear
of being around her father?
A. The she didn't indicate a fear,
but she was very emotionally upset about Daddy
telling her she must be confused and that she
needs to stop saying that he touched her potty,
that he had touched her potty.
Q. Well, ma'am, is it appropriate if,
in fact, these thoughts have been placed in
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this child's head by her mother --
question.
BY MR. LOPEZ:
Q.
MS. GEARHARDT: Objection. Go ahead.
MR. LOPEZ: I get to ask the
MS. GEARHARDT: Okay. Sorry.
If, in fact, those thoughts have
been placed in the child's head by the mother,
wouldn't it be troublesome for the child for
this father to acknowledge he had done
something inappropriate with the child? Isn't
that something she --
A. Say it again.
MS. GEARHARDT: Same objection.
BY MR. LOPEZ:
Q. It wouldn't be something that's
good for a child, for a father to admit doing
something horrible to the child that he didn't
do; isn't that true?
A. Yes.
Q. Okay. I mean, if your child came
up to you and said I remember the times when
you used to hit me with a ball bat, and if you
don't tell the child that didn't happen, they
begin to think well, my father really hit me
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·with a ball bat? Is that a yes?
A. Say the question again. I'm
really confused.
one thing.
It's a very long question for
Q. When you're having a discussion
with a child and they tell you you've done
something that you know did not occur, all
right, wouldn't it be psychologically difficult
for the child if you acknowledge engaging in
inappropriate behavior that did not, in fact,
occur?
now?
A.
Q.
A.
Q.
A.
Q.
A.
Q.
So, you're saying this as parents
Yes.
In this case the father.
Yes , ma ' am .
You know --
John Huber.
Go ahead.
That the child says Daddy, you
touched my potty, and then he says, I'm sorry,
I did it, when, in fact, he didn't do it, the
child is going to remember Father saying he did
something inappropriate, correct?
A. Okay. Now, let me
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Q.
A.
Page 92
Is that true?
I -- I cannot answer the question
the way it's stated, okay? Because
Q. I'll. try it again.
A. Because -- I can answer it, but
then I will have to elaborate on that response.
Q. Well, you're allowed to do both.
The child will remember if the father
acknowledges engaging in inappropriate behavior
that did not, in fact, occur?
A. Yes, yes.
Q. And that also could be problematic
and traumatic for the child, correct?
A. And I suggested previously yes,
that could be traumatic for the child, and I
suggested previously under direct examination
.that there is another way the father could
handle that situation.
Q. So, instead of using the word
confused, he should say I'm sorry you think
that, something of that sort?
A. Exactly.
Q. But, ma'am, can we agree that Mr.
Huber didn't say, Sophie, you're a liar, you've
made that up? He didn't do any of those kind
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of things, correct?
A. I did not in the tape in the
transcript I read see the word lie come up.
Sophie to me said that Daddy said she was
lying. In other words, his using the word
confused to her means that to her, he thinks
that she is lying.
Page 93
Q. But do you.understand the horns of
the dilemma the father is now on, okay? He can
either acknowledge something that did not
happen, which will be problematic for the
child, or he can tell her you're confused, and
you're saying that's problematic for the child?
MS. GEARHARDT: Objection. Go ahead.
BY MR. LOPEZ:
Q. What -- what is his alternative?
A. As I suggested, I think his
alternative is to say to Sophie that he's sorry
she thinks this happened, that he had no
intention of ever hurting her, that he will
never do anything again to make her feel
uncomfortable.
Q. Ma'am, how long have you been a
psychologist?
A. Almost fifty years.