Fine, hold her accountable. Just keep the lunatic dad away from the kid until he gets the serious, professional help he needs. Whatever it takes. It’s not about them. It’s about what’s best for the child.
VICKI J. GREENE, hereby declares as follows:
1. Declarant is an attorney duly licensed to practice law in the State of California and attorney of record for Respondent in this dissolution proceeding. I have personal knowledge of the following facts and if called upon could and would testify compentently thereto. I submit the following in support of Respondent's request for relief:
2. On April 18, 2007, I appeared before this Court for the hearing on Petitioner's Motion. After that Motion was ruled upon in open Court, the Court obtained an ex parte application. However, over Petitioner's objection, the court closed the courtroom for the protection and privacy of the minor child (pursuant to Family Code 214) and conditionally sealed certain pleadings.
3. On April 19, 2007, Harvey Levin of TMZ.com, a celebrity online gossip website, admitted to me that he intended to publish a tape recording of a voice-mail message he had between Respondent and the minor child. He also told me that he obtained the tape from a source whom he would not disclose to me. He also told me he had information he believed came from the April 18 hearing. I told Mr. Levin that I had no idea what he had, but that what he purported to have had to have come from an improper source. I also told Mr. Levin that the court proceedings had been closed to the public and sealed.
4. I urged Mr. Levin not to go public with the tape recorded message and that the dissemination of what he claimed to have could result in Respondent taking legal action against him or TMZ.com.
5. During my conversation with Mr. Levin, I told him that it was my intention to send a letter to him confirming the subject of our conversation. He provided his address and fax number. A copy of my letter is attached hereto, incorporated herein by this reference and marked "Exhibit A".
6. However within minutes of our conversation, Mr. Levin published the voice-mail message between Respondent and his daughter and other information.
7. Petitioner is the only parent with custody, possession and control of the minor child's telephone voice-mail message that was dissemination to Harvey Levin and TMZ.com.
8. If Mr. Levin had a tape recorded message between Respondent and the minor child, it had to have originated from Petitioner or her employees, agents, or attorneys.
9. I do not know how Mr. Levin received any information about the court proceeding that was closed to the public, but again, it had to have come from someone connected to the proceeding, and it was not me.
10. The Court closed the courtroom, pursuant to Family Code 214, in order to protect the minor child of the parties from unwarranted public intrusion or publicity, which it deemed not to be in the best interests of the minor child. Moreover, what was to be discussed, was already the subject of previously sealed pleadings and closed proceedings.
11. The Court conditionally sealed the pleadings filed by the Petitioner and Respondent and provided me with the time I needed to file a formal Motion, which it asked me to set for hearing on May 4, 2007.
12. Respondent urges the Court to set a hearing to determine the source of the leak and whether and how its Orders have been violated. Information has been leaked to the press intentionally. The specific source is unknown, but it could only have come from Petitioner's side of the case. Whether the act was intentional, negligent or reckless, it goes against the Court's stated desire to protect the child from unwarranted publicity.
I declare under perjury that the foregoing is true and correct.
Executed this 19th day of April, 2007, at Los Angeles, California.
VICKI J. GREENE, DECLARENT