AUGUST 4TH 2014 PROTECTIVE ORDER/DIVORCE HEARING Transtcipt begins at 1:34 P.M.. Attorney Brooks "Is Mr..Albert trying to get a job" Teresa.Albert "No" Attorney Brooks "What ate you asking the court in regards to visitation" Teresa Albert " Visitation, I don't want it to be either one of the families, not the Albert's or my family in the middle of anything, I want somebody like Jenny Rios perhaps, somebody to deal with it."
Attorney Brooks " Are you asking for the time being that a protective order stay.in place" Teresa Albert "yes" attorney Brooks " and why are you asking that" Teresa Albert "Because I fear Randy" " eternity Brooks "You still have a fear" Teresa Albert "yes" Attorney Brooks "And you believe something, that he will manifest
that hostility toeards you in some way" Teresa Albert "yes" Attorney Brooks "Have you received any assistance at all from Randy since the day he left" Teresa Albert "No" Attorney Brooks. "Has he done anything for you or said anything to you about what he.could do to help with. Alyson" Teresa Albert "No because I'm not allowed to talk to Randy" Attorney Brooks "Have you expenses coming up for Alyson" Teresa Albert "Sxhool yeah" attorney Brooks " and do And are you asking something
to determine wgat that assistance should be" Teresa Albert "I have, she was talking to her dad on the phone, he's magaged to get a phone to her, I think the request was one backpack and four shirts, but as far as school supplies and she's and what not I've done taken care of that myself" Attorney Brooks "As To income what is your income your monthly income is predeterminable by your paycheck is that correct" Teresa Albert "Correct I don't want anything from Randy " Attorney Brooks " You said child support" Teresa Albert "Well child support, but as far as anything pertaining to myself I don't want anything"
Attorney Brooks "The reason I'm asking is_ that your income is easily predeterminable" Teresa Albert "Yes" Attorney Brooks " What about Randy's income" Teresa Albert " It's cash only so his will be hard to determine, but his income is" attorney Brooks " do you know how much is income is" Teresa Albert "No" " Attorney Brooks " Has he ever talk to you about what finances" Teresa Albert "No" Attorney Brooks has he ever been able to provide for the household" Teresa Albert "Some but not a lot"
Attorney Brooks "What do you think should be fair to him to contribute as income a month, minimum wage is a little over a thousand or eleven hundred a month so do you think he majes at least minimum wage" Teresa Albert "No" Attorney.Brooks "You don't think he makes at least minimum wage Teresa Albert "No" Kenny Brooks "So if the laws sets that he be put in at minumum wage do you think that'd be a fair amount" Teresa Albert "Yes" Attorney Brooks ", ask for any orders concerning anything else do you have anything in the householdv that he will need" Trresa Albert "He may have some clothes, shoes, tools that if he needs to get to help with income then he could yeah" Attorney Brooks "Make arrangements" Teresa Albert Yes" Attorney Brooks "Do you have any problem with.him.getting his.personal items" Teresa Albert "As long as there's somebody that comes with him"
Attorneyl Brooks "As to everything else, at the temporary we're. not gonna talk aboit division of the house or the division of anything else, are there any expenses.you need for the house" Teresa Albert "No" Attorney Brooks " Your requests if there would be some kind of supervised visitation from a third party outside of yours and his family" Teresa Albert "Yes" Attorney Brooks "An amiut be set for him to pay for, basically since you haven't received anything, when's the last rime you received anything to help take care of your daughter" Teresa Albert Not since he left" Attorney Brooks "So you would at.least ask for some kind of order that would be retrospectiv to July 1st" Tereaa Albert Correct" "Attorney Brooks " And you're asking that the court set this for a final hearing sometime after the 90 day's are up" Teresa Albert "Yes if not sooner, I know" Attorney Brooks "Well it can't.be sooner" Teresa Albert "I.know" Attorney.Brooks."Do.you understand that you're not.obliged to try to do anything to reconcile but unless there' really is something that's an issue.right now.this is basically your decision individually and collectively so as for a protective order you're asking for a permanent protective order" Teresa Albert "Yes" Attorney Brooks "You're asking for a temporary order that
you and Randy's custody of your child"Teresa Albert "Yes" Attorney Brooks "and that he be allowed supervised visitation, supervised by some third party" Teresa Albert "Yes" Attorney Brooks "I have nothingelse" Judge Ok Mr..Albert you may ask question's about what she testified about and you can ask them from the podium if yiu'd like. I'm sure if the question is improper Mr. Brooks will interpose an objection at that time you'll not speak anymore till I've ruled on the objection Ok" Randy Albert "Yes your honor, I wanted to buy something' since June 25th and I bought Alyson a bike is that correct and a phone" Teresa Albert "yes" Randy Albert pause "I don't know what question's to ask., this is an awkward situation, I've cried for forty day's and I'm the only one who had our child morning, day and night.
There's so many thing's I wanted to talk to you about but I don't think rhis cross examination is something I can, it would be better if I stay with what's on these documents
and try to explain. My boy's here from College today took off work and come all the way down here to take his little sister's side. On my first domestic violence charge in 2004 my boy wrote this statement out in front of my attorney Mark Albert and he was only eleven year's old. He hust finished his third year at UCO on the Dean's honor role and he's never even had a traffic ticket, I never even spanked this child his whole life. He loves his mother more than anything in the world" Judge "Mr. Albert" Attorney Brooks "I objects, he's gone from asking question's to not asking" Ransy Albert "I'm not gonba cross examine her" Judge "Mr. Albert I'm gonba sustain the objection which I'm saying the objection is proper. I'm agreeing with the objection, now I can't tell you how to handle your case you understand it's not my rule as an active advisor to you, however you may want to ask question's about thing's she testified about that she
said that you may disagree with or dispute.and you might start in that area, if yku can't thinl of anything then we'll proceed" Randy Albert " On the morning that this happened it happened twice with the dog. The first time I came home the dog was un the street and it's a one year old Maltese. " I brought the dog in and you were laying on the couch Then I.went on another.taxi ride then came back and the dog was in the street again.You said that you didn't know Alyson.had said that until you got to your mothers and she had told her nana that she heard me threaten to kill you if anything happened to our dog.. I was just wondering why she isn't here today to tell that" Attorney Brooks "Objection your honor I object" Jusge "Overruled let's let him at lrast finish the question so I'll know what he's getting at" Randy Albert " I ust think if Sadie had heard her say that she was at least want to be here to back that up
Ally has already told our son that he was asleep and she didn't hear anything. Teresa Albert "So Ally's in the city while Darlene's having surgery and I trusted Dylan enough.not to let Alyson, I trusted him Enough to let Allison go with him enoughNow he knew under the circumstances that when he calls you or she calls you that there has to be somebody present so whatever was said ,I'm not gonna disagree or disagree with what was said or was not said. But Randy what you have to understand is I did not know she had overheard that morning until she went to her nana's There was nothing I would.ever put in that child's head to make her say such a thing. (RAISES HER VOICE AND CUTS ME OFF ABRUPTLY BEFORE SAYING) That you and I both now exacrly what was said and what was not said" Randy Albert " She's willing to say that" Teresa Albert "That's fine let her, Let her come to court and say that that's why she's going to counseling to learn the difference between what is the truth and what is not
Randy Albert " Is that a fair statement that her mother is willing to let our child talk to my lawyer and" Teresa Albert (stuttering) "With the councillor or or uh with her councilor present because right" Randy Albert "That would be very helpful, I'm just trying to get to the bottom of some thing's I'm truly troubled by. Will my son be allowed to talk today because he come all the way is from Edmond and took off work" Judge "Mr.Albert I think you need to stick with what we're talking about at this moment asking the question's you wanna ask" Randy Albert "Another thing is she hasn't called me since Wednesday day night (4 days and suppose to be every evening and tonight was the dirst moght she's.called me since this court date last Monday) since I prayed with her on the phone and just wondering why all of a sudden rhe ohone calls were atopped"Teresa Albert "I've been having to work nights, I'm putting in 50 plus hours now because I'm a single mom (??? I think she needs to produce just one current pay stuff showing one has exceeded 50 hours since the don't let them get that much overtime plus
her boss/ best.friend moved in. the same day I got.the boot)wbich is quite suspicious like a tjousand things) I'm tired I'm ready for bed and she's on a
curfew since school is fixing to start back up, we are on a maintain routine curfew for sxhool so I don't find it feasible to disrupt our routine to find time to call you" That's so typical and for it not to be feasible to disrupt things to find time to call the only one who's been with her all the time who saved her before she was born is the biggest slap in the face I can imagine HELP ME WITH THIS DEAR GOD!!works with named our house the Casa Albert/loyd on Facebook
I wanna say something led up to the morning that this Objection your honor
that would be more for Mr albert you'll be given the opportunity to testify
if you choose you say whatever you want but I don't know if this is the proper time for you to justified
I have a question about the days prior to this order being and she moved her friend in she works with and they named our house the Casa Albert/loyd on Facebook
In the days prior to this the high school sweetheart of your's Mario
, you come home from work and talked to him in the bedroom for 4 hours at a time
Do you deny that?"Teresa Albert "I don't deny that Randy
I've told you time and time again it's a friendship thing
I've tried to convince you it's no more and when you meet a friend you haven't seen since highschool I've been out what 30 year's. We talked about his kids, his grand kids, his wife, no matter what I try to convince you of how there's nothing going on, in your mind you think there is so I can't I'm tired I'm not gonna try to convince you anymore what's set in your mind is set in your mind."
Randy Albert "So that's normal to be in our bedroom with the door locked" Attorney Brooks "Objection your honor" Judge "Mr. Albert that is argumentive"
Randy Albert "And another thing you had said to me that I was too old and too fat and you said you had lost your virginity to him" Teresa Albert "Yes yes I admit every bit of it" Randy Albert "You don't consider that baiting me?" Attorney Brooks "Objection your honor" Judge "That's argumentative as well that's sustained"
Randy Albert "I don't something about the dog " Attorney Brooks "Objection your honor he's testifying again." Judge "I'm gonna give you some room here Mr. Albert but ask you question and let's get this thing done OK.." Randy Albert " 4 years ago in 2010 you got a protective order and our dog come up missing. Are you willing to" Teresa Albert "We didn't have a dog." Randy Albert "I stayed away 48 days and we had a dog named Lucky" Teresa Albert "We had it two day's" Randy Albert What happened to that dog?" Teresa Albert I don't know what happened to that dog Randy it was out in the back yard I don't know. " Randy Albert "On the day Ally came home from work with you on June 17th I sent some text messages and email out about what was going on with Mario and when she came home with you from work and started telling me about this guy I wasn't that concerned. I've never worried about that and I was just wondering if you remember the next day when you come home when you found out that she had told me about him and how she wanted to sleep with me that night because she said she was afraid of you" Teresa Albert Yeah right what would I fear my daughter I've already been over this with you. It bother you more that I'm more open with you now and I've told you everything from day one but you still want me to say something that isn't true"Randy Albert "Ally kept telling me that night and continued telling me she was scared of you" Teresa Albert You want me to tell you she was scared of me is what you want me to say" Randy Albert "No I want you to say how many night she sleep with me up until you got the protective order" Teresa Albert "She only sleep with you one night she felt safe with you that night" Randy Albert "She sleep with me every night from there on out" Teresa Albert "No she did not Randy" Randy Albert "You stated in the protective order you don't like me to take her with me in the taxi but when you're in the bedroom talking to a married man for 4 hour's at a time with the door locked how" Teresa Albert
"Randy not only did I talked to him on the porch he's a friend nothing more. Randy Albert "something" Teresa Albert "Yes I know" Randy Albert "I rest my case your honor I just wanna get to some stuff my son endured for over 20 year's that's terrifying" Judge "Thank you Mr. Albert anything else Mr. Brooks" Attorney Brooks "I will call Mr. Albert" Judge "Raise your right hand Mr. Albert" Randy Albert "Do I need to come up there?" Judge "Raise your right hand" Judges Female Assistant "Do you swear to testify truthfully?" Randy Albert "I do" Attorney Brooks"Did you or did you not on June 25th tell you wife you would kill her if the the dog got out?" Randy Albert "Absolutely not" Attorney Brook "I east my case your honor nothing further." Randy Albert "I'm not sure what the point of that was it seems to be some kind of a game." Judge " Is there anything else you'd like to tell the court now your chance." Randy Albert ""How much time do I gave your honor?" Judge "Well let's get started and and I'll " Judge "Tell me what you think I need to know" Randy Albert "Do I need to get back you there?" Judge "You're still under oath"
Randy Albert "That's something I take very serious" Judge "Tell me what you want me to know about the protective order with regards to the temporary order, matters regarding child support, matter with regard to custody."I'll GI along with her recommendation, I just feel like after getting removed from my home under these circumstances and having to come up with a place to stay for 40 day's being away from my child , everybody know I've been with this child every morning day and night your honor and to have the generous offer of supervised visitation with Jenny This seems to be the biggest slap in the face I can even wrap my mind around. I'm not sure why something with supervised visitation until we've heard what my boy has to say and what my daughter told my boy, he's witnessed her violent outbursts and unbelievable compulsive lying thought so many year's with two domestic charges that were dismissed. The details on this one with this statement, I had to go back to Mark Albert's office to get a copy of it. If I could read that it's a one page statement that was wrote out in 2004 , it says "On the night that my dad went to jail my mom was mad because my dad went to his friend's to play pool. When my dad came in he tried to go to bed that's all I heard him say I want to go to bed but he would not let him I went in the living room and I was standing on the couch. My mom was trying to hit yourself in the stomach and lately she has been threatening us that she will kill the baby and before she admitted that she killed the first baby before I was born. Around a year ago she wanted a divorce so she put bruises on herself and had her friend take pictures to show the judge. I love my mom and dad very much and I just hope thing get back to normal. Also when she tried to hit herself in the stomach that's when my dad grabbed her arm's and left bruises. My mom gets really angry sometimes and doesn't know what she is doing." Doesn't know what she is doing is an understatement your honor and here's a receipt for the counseling. I've been going back to our councilor at Diversified Family Services where we went on our first marriage counciliing and during the divorce in 2010 she moved in with a guy by the name of Bill Brown and it's just well to say it's just a friend and there nothing" Attorney Brooks "Your honor I'm gonna object" Judge "Mr. Albert I think I can understand how you fell however you need to focus on the protective order tell me about visitation. Randy Albert " Here's the receipt for the counselling and the reason that Ion the couch. My mom was trying to hit yourself in the stomach and lately she has been threatening us that she will kill the baby and before she admitted that she killed the first baby before I was born. Around a year ago she wanted a divorce so she put bruises on herself and had her friend take pictures to show the judge. I love my mom and dad very much and I just hope thing get back to normal. Also when she tried to hit herself in the stomach that's when my dad grabbed her arm's and left bruises. My mom gets really angry sometimes and doesn't know what she is doing." Doesn't know what she is doing is an understatement your honor and here's a receipt for the counseling. I've been going back to our councilor at Diversified Family Services where we went on our first marriage counciliing and during the divorce in 2010 she moved in with a guy by the name of Bill Brown and it's just well to say it's just a friend and there nothing" Attorney Brooks "Your honor I'm gonna object" Judge "Mr. Albert I think I can understand how you fell however you need to focus on the protective order tell me about visitation. Randy Albert " Here's the receipt for the counselling and the reason that
I object to supervised visitation is because I've been with her morning, day, and night and I think what my boy has to say will weigh on your shoulders as much as anything in this matter because he's not her to take up for me, he's here to take up for his little sister. This is a receipt for Diversified and we went there in 2010 and Carla found that she was bipolar and I needed anger management (I meant to say stress management because that's what her finding were, I don't have a problem with anger), Carla has talked to us a considerable amount of time, her name is Carla suitor and does that name ring a bell?" Attorney Brooks"Your honor at this time I wanna make an objection" Judge "I'll sustain that objection, is there anything else you want me to know Mr. Albert
about child support or the protective order?" Randy Albert "In the protective order I've broken it down in 10 parts and I'm not the kind of guy who has to read something off a speech, I've got a memory like a steel trap. I remember stuff when I was 3 year's old and it's very troubling that the word kill was used on this. She worried about Judge Roper bit giving her this protective order and it took the court clerk 30 minutes to print off all the stuff from the other protective orders and I'm sure we'll be going through it. It's thick as a book stuff I've proved in the past." Attorney Brooks"Objection you honor" Judge I'm gonna sustain that, Mr. Albert we really need to focus here and is there anything else you'd like me to know, no disrespect but you've been rambling, any other information that's relevant" Randy Albert " The protective order she written a 5 page statement that seems to be more rambling than I can,let's talk about attorney Mark Albert read it and said it contradicted itself. AttorneysentencesObjection your honor" Judge "Mr Albert tell me what you want, tell me in 2 or 3 sentences" Randy Albert "OK I'm gonna try to be careful, to try to respond to 5 pages in 2 or 3 sentence's. It talks about me going to Fort Supply for Schizophrenic paranoia. just wonder why a mother would leave a child with a father with schizophrenic paranoia morning, day and night if that's what they think. and ssssss something and I think you can clearly see through the deception your honor" Judge "You've something read through this" Attorney Brooks "Yes" Judge "Mr. Albert you're entitled to call witnesses do you have any witnesses"? Randy Albert "Yes I do your honor Dylan Mark Albert". Judge "Who" Randy Albert "Dylan Mark Albert" Judge "Mark Albert oh OK is he here"? Randy Albert "Yes he is your honor". Attorney Brooks " I hadn't got a chance to prepare anything. Judge having heard everything I gave actually I don't wanna put a child through this not matter what age." Jugde "Well I can surely understand your feeling but the rule wasn't ssss and therefore I'm gonna allow the witness to testify. Sir will you raise your right hand" Judges Female Assistant "Do you solemnly swear to testify truthfully" Dylan Albert "I do" Judge "Take the stand, Mr. Albert I'm going to allow you to ask questions, I understand you're not schooled in law and I do understand your not to be expected to deal with this like a lawyer however I'm going to ask you to ask questions that are relevant and to the point and I'm not going to allow you to go far field ok make your questions short and to the point. Randy Albert "I'll try to stay within any rules you have your honor" Judge "You may inquire ask your question please" Randy Albert "Dylan have you ever seen your mother do things that scare you" Dylan Albert "Yes I have" Randy Albert "Have you evyou ever seen her do things that scare you if she does around your baby sister" Dylan Albert "Yes I have" Randy Albert " do you know of an incident that's happened with Eddy Elrod here lately Dylan and he can't even come in the courthouse for his actions here without a deputy escort for the rest of his life. She's told that she friended him at family video after not seeing him for 10 years, killinkilling you do you know of any reason why I would be afraid that he's back in her life" Dylan Albert "Yes I do"Randy Albert "Do you think he could be a danger to your little sister" Dylan Albert "Absolutely" Randy Albert " do you think I provided more than my fair share for this household Dylan" Dylan Albert " in recent months probably not as much as you used you used tto be the primary caregiver" Randy Albert "You mean primary breadwinner I've been the primary caregiver this whole year" Attorney Brooks " objection your honor he's testifying" Judge "Please ask your question Mr. Albert" Randy Albert " who do you think should have custody of your little sister Dylan" Dylan Albert " I don't know I think you're both a little unstable but full custody will require visitation and I don't think you should a have to have supervised visitation"
Randy Albert "Did Ally tell you she was sleeping on the day that this kill word was used that she told her Nana" Dylan Albert "Yes she told me that she didn't hear anything" Attorney Brooks "Objection hearsay your honor" Randy Albert " in your belief Dylan is 57 minutes fair for me to see Ally in 40 day's and maybe if your mom has time for me to talk to her on the phone" Attorney Brooks "Objection your honor he's asking for an opinion" Judge "I'm going to sustain try to ask another question that's based on facts" Randy Albert "Dylan do you remember writing that statement out in front of Mark Albert 11 years ago" Dylan Albert "Yes I do" Randy Albert "Do you remember us talking about when you were two year's old and she had fell in love with a guy by the name of Dean" Attorney Brooks "Objection your honor" Judge "Sustain" Randy Albert "You've heard her talk extensively is that correct about what happened to our her first child before you were born is that right Dylan" Dylan Albert "Yes I have"Randy Albert "and when you clearly wrote this statement out in 2004 in front of Mark that's so shocking" Judge "Mr. Albert I believe I've already sustained that" Randy Albert "I'm just trying to get to the part where, do you believe that your sister could be in danger from any future actions as a result of this bipolar disorder that she has"
Judge "He's answered that questionRandy Albert "Do you think there could be any danger to you little sister from her talking to these married men in our bedroom for 4 hours with the door locked and driving drunk with your little sister" Dylan Albert "I think the actions she's done here recently are kind of irrelevant to the situation, but as far as bipolar disorder yes I do that" VIDEO CUTS OFF DUE TO AUDIO DEVICE
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