John Smith's  Table of Contents to Proposed Findings of Fact after 59 Days of Trial 6/10/02 through 5/9/03 ~~~~~ As of 1/24/04, Probate & Family Court Judge Lisa A. Roberts Has Not Issued a Decision, Judgment Nisi or Order ~~~~~ The divorce trial of 59 days set a record in Massachusetts for the longest divorce trial in . . . There was evidence of misrepresentations (I think sufficient to prove perjury), attempted fraud of at least $160,000, conversion (tens of thousands of dollars),  outright violations of "mandatory" statutes, such as the guardian ad litem and removal statutes, a secret order not allowing the parties to be at an evidentiary hearing of  the guardian ad litem who recommended to allow the removal of the children to another State,  severe sexual abuse of the children by the wife's father, with whom the children had been allowed to go live, possible bribery of the GAL, possibly unlawful splitting of GAL fees between court-appointed and NON-court-appointed lawyer/GALs, a $70,000 charge for fees by a so-called Discovery Mster who did nothing but create chaos and succumb and/or encourage lying by the wife and her team of lawyers, attempted deep-sixing of material evidence of an appraisal of real property, real-estate experts who were not experts at all, the nondisclosure of the wife of her adultery (so ordinary in today's world that the courts generally ignore it) and the discovery of it on the 57th day of trial (the kids gave her up), bogus restraining orders, wife's intentional and concerted effort to get the husband arrested for something, anything . .  . in order to gain advantage in the custody fight, wife intentionally leaving a $170,000 position as a trial attorney for one paying only $60,0000, and then leaving that one for intentional unemployment, so as to avoid paying rehabilitative alimony (the father had been the primary caregiver prior to the wife filing for divorce), outrageous waste of marital assets by the wife the alteration of multiple tapes of a pretrial hearing,  even perhaps an attempt at changing the tapes of the first five days of trial, collateral actions [malicious prosecution, 42 U.S.C. §§1983 and 1985 (conspiracy; prima facie case was pled), rescission] and on and on and on . . .   That but for their lies and despicable conduct,  the divorce trial would not have had to to last 59 days, a record in Massachusetts for the longest divorce trial in . . . So now YOU can read why Smith's divorce trial took 59 days!    The lines in red are the factors named in section 34  of the divorce statute which the court must look at when determining who gets what . . .  who gets physical custody of the children, how much custody, which custody (physical and/or legal), and how the property is divided. The lines in grey are categories that I added because of the incredible numbers and types and sources of facts introduced as evidence -- testimonial, circumstantial, or documentary. I have used pseudonyms only for the family members and have redacted addresses and the psychologist who performed the MMPI tests. MMPI tests -- as well as many others -- are pure garbage. They should NOT NOT NOT be used in high-anxiety divorce cases. (Here the psychologist was a husband of a judge.) That which was important when using the MMPI "results" were the responses of the husband and the wife to the questions asked about their answers to the psychologist's written reports. By the way, the written reports are not the  "doc's" (NOT medical doctor) own words.  The words are merely "prewritten" sentences in the computer progam.

COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS.                                                                 PROBATE & FAMILY COURT                                                                                              NO. XXXXXXXXX     Pocahontas Doe Smith Plaintiff/Defendant-in-Counterclaim v. John Smith Defendant/Plaintiff-in-Counterclaim __________________________________________________    TABLE of CONTENTS PROPOSED FINDINGS of FACT

PROCEDURAL HISTORY                                                                      1

Table 1A. Collateral Cases in Federal and State Courts  Table 1B. Criminal Charges Initiated by Pocahontas  Table 1C. Applications for Criminal Complaints by Smith  Table 1D. Appeals Case in Federal Court  Table 1E. Appeals Cases in State Courts

A.   Length of the Marriage and Basic Factual Information                 14

B.    Age and Fanily Background                                                             18

B-1. Pocahontas and Her Biological Family                                           18

Doe’s Second Marriage  Raising the Doe Girls  Pocahontas' father’s Sexually-Circumscribed Background:      Tania’s "False Memory" & the Priest – Wayward or Pedophile?  The Priest Did It If It Was Done  Access to the Twins and Opportunity to Molest  Sexual Abuse of the Children  Pocahontas' father’s Health  John Smith Learned About Doe’s Past Acts  Pocahontas' father’s Propensity  Pocahontas' father’s Propensity to Lie  Doe Lie #1  Doe Lie #2  Doe Lie #3  Doe Lie #4

B-2. John Smith and His Biological Family                                             30

Table 2. Some of John Smith Smith’s Premarital Credit Card Expenditures (includes tools for employment)

C.   Health and Health Insurance                                                           32

The Wife’s Health  The Husband’s Health

D.    Station of the Parties                                                                       36

Pocahontas’s Financial Statement of 6/10/02, Tr.Exh. 37 (subsumed below)  Pocahontas’s Financial Statement of 22 March 2000, Tr. Exh. 45  Pocahontas’s Financial Statement of 5 April 2000, Tr. Exh. 43  Pocahontas’s Financial Statement of 8 August 2000, Tr. Exh. 51  Pocahontas’s Financial Statement of 15 March 2001, Tr. Exh. 44  Pocahontas’s Financial Statement of 10 June 2002, Tr. Exh. 37  Table 3. Agreement of Division of Assets and the $83,000 Withdrawal  A. Agreement of Division of Assets B. The $83,000 Withdrawal  Discover Card  Ford Citibank VISA Card  AT&T Universal MasterCard  Motor Vehicles  Vacations  The Transatlantic Trip in September 1999

E.    Occupation                                                                                       53

F.    Amount and Sources of Income                                                       53

Table 4. Wife’s Premarital and Marital Earnings  Pocahontas’s Premarital Earnings Pocahontas’s Marital Earnings  John Smith’s Gross Earned Income Between 1990    and 2001 (as reported by Pocahontas)  Table 5. Husband’s Premarital and Marital Earnings  as reported to Social Security Administration [D29:65, Tr.Exh.158] John Smith’s Premarital Earnings  John Smith’s Marital Earnings  Table 6. Pocahontas’s Billable and Nonbillable Hours

G.    Vocational Skills of the Parties                                                      57

H.     Employability of the Parties                                                          58

John Smith’s Employment in the Boston Area

I.       Estate of the Parties                                                                      61

Real Property                                                                                            61

00 HHHHHH Road, JJJJJJJ, MA  Table 7. Analysis of Appraisal 00 HHHHHH Road, JJJJJJJ, MA 00 XXXXX Street, Boston, MA  Table 8. Appraisal of Condominium Unit 2 at 00 XXXXX Street, Boston, MA  Parking Easement, 000 YYYYYYY, Boston, MA  Table 9. Parking Easement UUUU  at 000 YYYYYYY Street, Boston, MA  ZZZZZ Lake Property: 1/17th Undivided Interest, 40 Acres Lakefront Property with Buildings at ZZZZZ, Maine [Dxxxxxxxxxxxx]  Table 10. ZZZZZ, Maine

Personalty                                                                                                79

Motor Vehicles, Wife [See 6/10/02 Financial Statement]  Motor Vehicles, Husband [See 6/10/02 Financial Statement]  Wife’s Retirement and Bank Accounts (Checking and Savings):  Amounts Not in Evidence  Husband’s Retirement and Bank Accounts (Checking and Savings):  See Financial Statement 6/10/02 80

J.     Contribution of Each of the Parties to Marital Assets                  81

Smith’s Premarital Assets  Automobiles  Chrysler LeBaron for Pocahontas  Sale of the VW Fox  Ford Escort  1987 Mercedes  Purchase of 1994 Mercedes (for King Henry Smith, and then the Junior Smiths)  Motor Vehicles  Purchase of 1994 Mercedes  Purchase of 1991 Honda  Purchase of Tractors

J-1     Contribution by John Smith to Pocahontas’s Education             86

Costs of Pocahontas’s Undergraduate and Graduate Education  After the Move to Cambridge for Harvard Law School  John Smith’s Funds to BayBankPlus Account  Table 11. Sources of Payments of Pocahontas’s Undergraduate and Graduate Education  Pocahontas’s Untrue Version of How She Paid for Law School  The Second Year of Law School

J-2.        Contribution of Acquisition by the Parties to                Marital Estate: Capital Assets                                                 93

Money for Pocahontas During Her Childhood, Prior to Knowing John Smith  Contribution by Smith to Acquisition of 00 HHHHHH Road, JJJJJJJ, MA  Contribution by Smith to Acquisition of 00 XXXXXX Street, Boston, MA,  Condominium  Contribution by Smith to Acquisition of 00 BBBBBB Street, Boston, MA,  Condominium  Contribution by Smith to Acquisition of the Parking Space on YYYYYYYY

J-3.      Contribution of Each of the Parties in the              Preservation of Assets                                                                99

Contribution by Smith to Preservation of  JJJJJJJ  Property  John Smith’s Father Paid the Taxes and Other Costs on the JJJJJJ Property  Winter 1993 real estate taxes  Summer 1993 real estate taxes  Winter and Spring 1994 real estate taxes  Winter 1995 real estate taxes  Winter 1996 real estate taxes  Summer 1996 real estate taxes  Deposits of Money from King Henry Smith  Contribution by Smith to Preservation of 00 XXXXXX Street, Boston, MA  Contribution by Smith to Preservation of ZZZZZ

J-4.       Contribution of Each of the Parties in the               Appreciation of Assets                                                           104

Contribution to Appreciation of 00 HHHHHHHH Road, JJJJJJJ MA  Prior to and Immediately after Marriage: Summers ’90 and ’91        – the Stone Wall  Summer ’96 – the Front Walkway  Summer ’97 – the Ditch  Summer ’98  Summer ’99 – the Windows Contribution by Smith to Appreciation of the Condo at 00 XXXXXX Street, Boston, MA  January 3rd Entry Into the Boston Condo  Contribution by Smith to Appreciation of ZZZZZ Lake, Maine Property  Ditch for Telephone  Electrical  Building the Raft Contribution by Smith to Appreciation of 00 BBBBBB Street, Boston, Property

J-5.      Contribution of Each of the Parties as a Homemaker              to the Family Unit                                                                       110

K.      Conduct of the Parties During the Marriage                              110

Conduct Toward Wife Conjugal Relationship Pocahontas Denied Her Motherhood When She Abhorred Birthing and Nursing the Twins: She Felt Abused by the Children and Feels Guilty for Not Enjoying Motherhood and in A Warped Way, She Has Never Forgiven John Smith for Impregnating Her Sleeping Pattern

K-1.       Adultery                                                                                    128

Competition Between Smith and Pocahontas' father for Pocahontas’s Attention  The Caribbean Cruise and the Picture Incident Controlling

K-2.      Alleged Emotional and Physical Abuse By Pocahontas          131

Pocahontas’s False Allegations of John Smith Being Abusive to Her John Smith’s Defense to Pocahontas’s False Allegations of His Swearing at Her  Pocahontas and Chouteau’s Using False Allegations As Weapons of Manipulation  Pocahontas Uses Maine Supervisor As Weapon of Entrapment The Event of 27 May 2001

K-3.       Alleged Emotional and Physical Abuse By John Smith         136

In 1987, An Alleged Punch in the Stomach:  His Was, According to Pocahontas, A "Hypersensitive Reaction to Perceived Threat" Two or Three Years Prior to Marriage, in 1988 Or 1989, Another Punch Alleged Pocahontas Alleged He Urinated on Her While They Were Dating In 1996, Nine Years Later, An Alleged Hitting Andrea Cramer’s Party, February 1999 Pocahontas’s Version John Smith’s Version   "Andrea Cramer" -- John Smith’s Notes, 11/19/99, Trial Exhibit 32 (Page 8-10) Glow-In-The-Dark Halloween Bucket and Some Car Keys, November 6, 1999 Pocahontas’s Version of November 6th Or 7th 1999 John Smith’s Version of November 6th Or 7th 1999 The November Event The October Event Pocahontas’s False Allegations of John Smith During the Transatlantic Trip John Smith’s Defense to Pocahontas’s False Allegations of John Smith during the Transatlantic Trip Another Broad False Allegation about Abuse during Intimacy Pre-Pre-Pre-Marital Complaint: If This Were True and Unpleasant, Why Did She Get Married? Pocahontas’s Accusations about John Smith Bursting into Her Offices Pocahontas’s Displeasure with Being Pregnant Pocahontas’s Version of October 31st, the Day of False Labor John Smith’s Version of October 31st, the Day of False Labor Pocahontas’s Version of Returning from Hospital after Birth of Boys on 12/3/94 John Smith’s Version of Returning from Hospital after Birth of Boys on 12/3/94 Pocahontas’s False Allegation of Interference with Family John Smith’s Defense Against Pocahontas’s Claim Against Interference with Family  Contact with Her Family When Pocahontas Was Pregnant John Smith Denies Interfering With Pocahontas Seeing Her Relatives in Maine

K-4.      False Allegations by Pocahontas of Criminal Activity            151

209a Order from 13 December 1999 to 13 December 2000 False Charges (August 25, 2000) Arise out of Kindergarten Orientation Meeting and the Threat of Other Charges to Follow in the Future False Charges by Pocahontas on 27 October 2000 in Maine Entrapment Attempts Pocahontas’s Secret Maneuver in December to Entrap John Smith, Get Him Arrested, and Win a Collateral Advantage in the Custody Issue Pocahontas’s Interference with Smith’s Right to Access the Condo Pocahontas Submitted False Allegations to the Gal, Beardslee January 5th, 2001, Event & Arrest At the Boston Condo False Allegation on 13 May 2002 That Smith Had No Right to Be at Condo May 13th Event at the Condo and DiPiano and Pocahontas’s Call to 911 Smith’s Applications for Criminal Complaints Against Pocahontas

K-5.   Custody: Child Care                                                                   161

Pocahontas and John Smith’s Premarriage Parenting Agreement Pocahontas and John Smith’s Parenting Agreement Caretaking When the Children Were Infants John Smith Caregiving after Pocahontas’s Family Left XXXXXX Street John Smith Caregiving after Pocahontas Returned to Work at Skadden Arps Dispute #1 Re Schedules -- Pocahontas’s Version Dispute #1 Re Schedules -- John Smith’s Version John Smith’s Contentions Resolution of Dispute #1 Re Schedules John Smith Caregiving after Pocahontas Moved to PRESTIGIOUS LAWFIRM The Children’s Language Pocahontas’s Description of John Smith’s Caretaking of Kids Between 2 and 3  John Smith Potty Training the Children Pocahontas’s Description of John Smith’s Caretaking of Kids Between 3 and 5 The Children and the Kingsley-Montessori School First Year of School General Comments John Smith and the Children’s Schedule Pocahontas and the Children’s Waking Hours Pocahontas and the Children’s Lunchtimes Second Year of School Pocahontas and the Children’s Lunchtimes John Smith and the Children’s Lunchtimes Third Year of School Pocahontas and the Children’s Lunchtimes Kingsley-Montessori School Reports Regression of Performance of Children at MMMMMMMM School in Maine At Kingsley-Montessori At MMMMMMMM At MMMMMMMM At MMMMMMMM Children’s Absences According to Trial Exhibits 91(A-F) [D31:48-52] Summers of ’95, ’96, ‘97, ’98, and ’99 Smith’s Philosophy of Child Caretaking How Pocahontas Communicated with the Children How John Smith Communicated with the Children The Science Museum Dorothy WWWWW Pocahontas’s Finding the Children Emotionally Demanding Pocahontas’s Comments about Dr. Paul DDDDDD’s Report after Testing Her Pocahontas Continuing to Deny the Emotional Damage She Is Doing the Children Smith’s Comments about Dr. DDDDDD’s Conclusions about Pocahontas Pocahontas Did Not Recognize or Know Her Own Children Discipline: Pocahontas’s Allegations and John Smith’s Denials and His Philosophy Smith Denies Spanking Twin #2 When Six Weeks Old Pocahontas Admits to Spanking One Child One Time, But Did Not Admit to Punching the Child John Smith Smith’s Philosophy about Spanking His Handwritten Notes after the Visit with Eric "Enright" John Smith’s Response to Pocahontas about Corporal Punishment: His Response to ¶ 10 of Pocahontas’s Affidavit in Support of (First) 209a Order of 12/13/99 As to ¶10: Pocahontas Falsely Accused John Smith of Teaching the Boys to Masturbate at 6 Months of Age Alcohol

K-5-a.       Child Neglect                                                                        204

Pocahontas’s Negligence: the 1996 Stove-Falling-On-Twin #1 Incident, But She Accuses Her Husband of Wrongdoing 205 Pocahontas’s Version On Direct Examination On Cross-Examination John Smith’s Version On Direct Examination On Cross-Examination Pocahontas, Can We Believe Her or Is She Misrepresenting Again??? No, We Cannot Believe Her! 2: No, We Cannot Believe Her! More Child Neglect by Pocahontas in Maine in November and December 1999 (after she told Smith she wanted a divorce) Episode of Child Neglect #1 Episode of Child Neglect #2 Episode of Child Neglect #3 Episode of Child Neglect #4 Pocahontas’s False Allegation of John Smith Taking Children out onto a Roof in Crescent Lake Purchase of Children’s Clothing During Visitation

K-5-b.      Emotional, Physical, and Sexual Abuse of the Children      212

Abuse of the Children by Pocahontas in Maine Indicia of Abuse: Visitations at Which John Smith Saw Boys’ Behavior He Had Never Seen Before

K-5-c.     Guardian Ad Litem Interference With Father/Sons                  Relationship                                                                            215

~~~ NOTE ~~~ Given that Beardslee testified for several days and we all heard what she did and did not do, Smith, throughout this section, elucidates continually on the deficiencies of Beardslee’s performance as a guardian ad litem, her inescapable incompetence, her defensive and flagrant self-righteousness, and most of all, the severe harm she wrought on the Smith children and Mr. Smith. Smith seeks a ruling from the court which makes it clear that no weight has been given to Beardslee’s reports. Additionally, Smith’s counsel believes Beardslee is a danger to the families to whom the courts appoint her to serve. The danger from her arises probably less from a malicious nature than from a lack of intelligence. She has, unfortunately, been able to prosper and command respect within the judicial system because there are absolutely no standards to which she is held or to which she works. She made that quite clear. Unfortunately she has both a powerful entity, namely, the hospital, and quasijudicial immunity – foolishly by judicial fiat – protecting her from those she has harmed for years past and distressingly, will harm probably for years future. Any declaration from this court regarding Beardslee’s intellectually deficient performance would be appreciated not only by Smith but also by the hundreds of families in this Commonwealth who are either suffering from Beardslee herself or others like her operating within the judicial system. In fact, the court could become a modern Jeanne d’Arc, the need being as great as the courage needed to do it!

Abuse Overlooked by Negligent and Incompetent Guardian ad litem Barbara O’Brien Beardslee Touch Continuum Used by Beardslee List of "things" Beardslee did not do (and more throughout shaded section) Beardslee’s notes: Spanking mentioned or not by boys Beardslee’s notes: boys’ comments re wanting to see their father not included in reports Dr. DDDDDD's Psychological Evaluation of Pocahontas How do they, the boys, know that she has had sex with Steve? A list: Trial Exhibit 145 captures Twin #1 telling Beardslee everything  Pocahontas wanted him to say Reflections on Trial Exhibit 146 Sex Abuse of the Children Had Beardslee made proper inquiry, we might not have had to wait until the 59th day of trial to hear a crescendo Smith’s Comments on DDDDDD’s Comments on Smith

K-5-d.     Evidence of Child Sexual Abuse on the 59th Day of Trial   272

Nowhere Did Twin #1 Say His Dad Coached Him

K-6.        Visitation                                                                                 277

Two-Page Stipulation Dated 27 December 1999, Trial Exhibit 137 Pocahontas’s Understanding of the Stipulation and/or Order John Smith’s Understanding of the Stipulation and/or Order The Law of Chapter 209A Pocahontas’s Failure to Follow Stipulation (Tr.Exh. 137B) : Pick-Up at School At 3:00. Drop-Off at XXXXXX Street Condominium at 5:45 Pocahontas’s Failure to Follow Order of August 18, 2000 (Tr.Exh. 189): Pocahontas and Boys "Officially" Move to Maine. Drop-Off Procedure Changed Smith Denied Visitation Had to Use Police or Other People to Locate Children for Visitation Pocahontas’s Attempt of Entrapment of John Smith – 209A Order General Admissions by Pocahontas of Noncompliance with the Visitation Orders Visitations at Which Pocahontas Did Not Comply with Court Orders People Needed to Help Locate Children for Visitation Description of Visitations General Pattern of Activities on Wednesday Visitation General Pattern of Activities on Weekend (Fri-Sun) Visitation

K-7.         Parental Interference                                                            292

K-7-a.      If Pocahontas Were to Get Custody of the Children . . . ! ! !

K-7-b.      Beardslee Saw Damage When There Was Interference,                  But Did Nothing

K-7-c.     The Manipulated First Supervisor, Thomas Fortier

Visitation with Supervisor Tom Fortier Period Between Supervisors Parental (Pocahontas) Interference with Father/Sons Relationship by Visitation, Supervised Visitation

K-8.    Credibility of the parties                                                            302

Her Salary at Goodwin Procter & Hoar Her Financial Statements Re the HHHHHHHH Road, JJJJJJJ, MA Property Pocahontas’s Interaction with Police Officers Pocahontas’s Engagement Ring

L.        Liabilities of Each of the Parties                                               307

Barbara O'Brien Beardslee - Paid Through Escrow Account by Merrill and Nissenbaum Brown Rudnick Freed Gesmer Paid from Escrow Account James McCusker, Esq. - Paid Through Escrow Account by Nissenbaum Nissenbaum Paid by Smith

M.       Needs of the Parties                                                                   308

N.       Opportunity of Each Party for Future Acquisition of             Capital Assets and Income                                                         309

O.       Present Needs of the Dependent Children of the Marriage    309

P.        Future Needs of the Dependent Children of the Marriage      310

Pocahontas’s Finances

Q.       Waste of Marital Assets                                                            311

Criminal Acts by Pocahontas and Her Counsel

R.       Lies                                                                                              328

R-1.    Lies of the Wife                                                                          328

R-2.    Lies of Pocahontas’s attorneys: Merrill and DiPiano and             Discovery "Master" Nissenbaum                                              328

The Withdrawal of Money from the Escrow Account Without Court Permission and Lying about It The Pocahontas and Her Team’s Deep-Sixing of the FSI Appraisal to Cover Up Attempted Fraud Pocahontas and DiPiano’s Skullduggery of May 13th, 2002 Nissenbaum Covering for DiPiano and Lying to the Court on June 3rd, 2002 Other Lies of Discovery Master, Gerald L. Nissenbaum

S.         Theory of the Case                                                                    311

S-1.      Division of Assets                                                                      339

S-2.      Alimony                                                                                      339

Past Temporary Alimony

Rationale                                                                                                 341

Conclusions of Law

Respectfully submitted, John Smith,  By his attorney,  20 August 2003                          Barbara C. Johnson                                                  Barbara C. Johnson, Esq.                                                   6 Appletree Lane                                                   Andover, MA 01810-4102                                                   978-474-0833                                                   B.B.O. #549972 CERTIFICATE OF SERVICE I, Barbara C. Johnson, hereby certify that on this day, 20 August 2003, I served in first/class mail/hand a true and accurate copy of this Table of Contents on opposing counsel. 20 August 2003                           Barbara C. Johnson                                                   Barbara C. Johnson, Esq.