SEAN GOLDMAN : after acceptance, Goldman's lawyers had presented new conditions. Among them, the payment of U.S. $ 204,890.62 to David Goldman

25/03/2011 - 21h59
Sean dispute turns into battle of lawyers' notes

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CRISTINA GRILLO
RIVER

The competition for Sean Goldman, 11, briefly left the courts and turned into a battle of official notes between the lawyers in the case - Ricardo Zamariola Jr and Patricia Apy representing David Goldman, father of the child, and Sergio Tostes, side maternal family of Sean.

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Tostes released on the afternoon of Friday letter in which he disputes information contained in a statement released on Thursday (24) by lawyers in Goldman. They said his client would not have opposed the visit of the maternal grandparents since they agree to some conditions. Among them was the withdrawal of any lawsuit pending in Brazil.

In his letter Toste says that unlike the claims of lawyers David Goldman, Sean's maternal grandparents would have accepted the conditions proposed by Goldman to visit her grandson.

However, according to Toste, after acceptance, Goldman's lawyers had presented new conditions. Among them, the payment of U.S. $ 204,890.62 to David Goldman and Patricia Apy, a ban that Silvana Raimundo Ribeiro and talked with his grandson about any fact of his life in Brazil, and the determination that Chiara, the sister of Brazilian Sean (daughter of his mother's second marriage), was not present at the visit.

By email to Leaf Zamariola Ricardo Jr. said that the claims of Tostes' does not correspond to the terms of the proposal forwarded by written agreement of the lawyer Mr. David Goldman to American lawyers of his maternal grandparents. "

Read below the full text of the letter released today by lawyer Sergio Tostes:

Press Release

Lawyers Zamariola Ricardo Jr. and Patricia Apy released a press release of yesterday with the 'purpose of restoring the truth. " Unlike stated, note affront to truth and facts. The truth is always based on verifiable facts, as reported below.

a) Mr. David Goldman prevented all forms of grandparents visitation Brazilian stating emphatically before the courts of New Jersey that the meeting of Sean with his grandparents would be detrimental to the emotional stability of the minor;
b) The Brazilian and American lawyers always lied about the finality of a court order that determined the trip to the U.S. by Sean on 24/12/2009. There is no final decision of the court had on the subject. The matter is under review by the Superior Court case and the decision that determined the trip Sean is reformed, the boy should be returned immediately to Brazil;
c) with the deliberate intention of concealing the truth about the procedures in Brazil, Goldman and his lawyers have always established as the first condition for the grandparents had any contact with Sean that they give up all lawsuits underway in Brazil;
d) The decision of the Minister Gilmar Mendes, which resulted in the delivery of Sean to the American Consulate in Rio de Janeiro on 24/12/2009, only lifted a temporary injunction granted by the Minister Marco Aurelio FTS which determined the permanence of Sean in Brazil until he, Sean, could express their will in court;
e) The decision of the Minister Gilmar Mendes monocratic, with all respect to His Excellency. is questionable and was the subject of the appeal itself. And above all, is not a final decision of the Supreme Court, as has been stated in misleading the United States;
f) Brazilian lawyer, Mr. Goldman has said in the press that if the final decision of the court had to determine the return of Sean to Brazil, she will not be met because the matter is subject to the exclusive jurisdiction of New Jersey, USA;
g) The statements made by Mr. David Goldman in the case in New Jersey, with respect to visitation have always been disrespectful to Brazilian institutions and made it totally impractical to freedom of communication between grandparents and grandchild;
h) A decision by the State Court of New Jersey on 17/02/2011 forbade the grandparents having any contact with Sean. The maternal grandparents are there presented as international criminals to justify the claim that his contact with Sean poses a threat to physical and psychological integrity of the minor. The lie of the lawyers of Mr. David Goldman can be seen by anyone accessing the Internet by judicial decision;
i) Mr. David Goldman refused to allow the consular visit by representatives of the Consulate General of Brazil in New York. U.S. Consul General in New York is witness to this refusal;
j) The lawyers themselves from Mr. David Goldman is responsible to uncover and report the encounters they had with representatives of the Consulate in New York, which set conditions prejudicial to Brazil's National Sovereignty;
k) is not known what steps were taken by the Brazilian consular authorities or the Ministry of Foreign Affairs in relation to disrespect charged by lawyers of Mr. David Goldman.
l) In a desperate attempt to see her grandson, on September 22, 2010, the grandparents agreed to two conditions imposed: i - give up shares in Brazil, and ii - would accept having meetings with the American psychologist Sean, in preparation for visit with Sean.
m) On September 22, Attorney Patricia Apy established 8 (eight) new conditions, among others:
- The grandparents should pay eight (sessions) preparatory to the psychologist, that instruct on how to behave with Sean. If, after these sessions, the psychologist thought that the visit does not represent any 'danger' to Sean, in its sole discretion, the visits would be allowed.
- Meetings with Sean, if and when they had, they would be in the presence of a psychologist and could only speak English.
- A translator would be present in the event of any word being said in Portuguese.
- Grandparents never would talk about any situations that remind Sean of his life in Brazil.
- No one else, and grandparents, even his sister Chiara, could visit Sean.
- In its sole discretion, Goldman could disrupt the visitation at any time.
- No gift could be given to Sean, without the prior approval of Goldman.
- Maternal grandparents' passports should be retained by the court throughout his stay in the United States. - Advance payment and immediate than U.S. $ 204,890.62 (two hundred and four thousand, eight hundred ninety dollars and sixty two cents) a lawyer Patricia Apy and David Goldman itself.
n) communication of the terminal state of health of Mr. Raimundo Ribeiro Carneiro, accompanied by medical report was referred to the Court of New Jersey on 11/02/2011 before Judge Sean prohibit even saw their grandparents. The Judge has failed on this. With the worsening of health status was made direct communication with a lawyer for Goldman on 23/02/2011, with a request that Sean be informed and be allowed to review the grandson dear grandfather one last time before dying;
o) The communication was treated inhumanely and unseemly by Goldman and his attorney. The note itself attorneys Goldman indicates that they suggested a meeting with his grandparents in a country next to Brazil, which represents the most homely debauchery principles of human respect, as Mr. Ram Reddy was hospitalized in an Intensive Care Unit Hospital Copa D'Or in Rio de Janeiro, without any condition of any movement;
p) an express recommendation, without any justification, of Brazilian and American lawyers of Mr. David Goldman to the lowest Sean does not come to Brazil for the ceremonies on the death of his grandfather is a clear demonstration of disrespect for individual rights and Sean demonstrates and confirms the pernicious type of treatment that has received from her biological father.
q) The signature confirms that he received information from reliable sources that Sean is suffering from morbid obesity, and poses a challenge to lawyers to put Sean in touch with their relatives in Brazil, the only way to prove that Sean is not being subjected to mistreatment physical and psychological;

After the death of his grandfather, Sean even gave a phone call to his grandmother. The parental alienation practiced by David Goldman about Sean is fully configured. The immediate contact with their relatives Sean Brazilians, especially with her sister Chiara, 2 years and six months is imposed as an act of respect for human dignity and Christian piety.
The above statements, all true and verifiable documentary, are the sole responsibility of the signatory lawyer.

Sergio Tostes

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