- 9 - respect to the whereabouts of the girls. Some entries were conceded to be erroneous. No one from American Airlines testified explaining and clarifying the airline records; thus, these records were of limited usefulness to the Court.5 Like the documentary evidence, and as might be expected in a case of this nature, the testimony at trial was conflicting. Three witnesses testified: Ms. Kennedy, as to the girls’ whereabouts for each day in 2000; petitioner, as to certain dates that were in dispute; and petitioner’s mother, Alice Kennedy, as to her own calendar. When compared with the documentary evidence, the Court finds some of the testimony to be inaccurate. The Court considers the witnesses to have been of relatively equal credibility. Rather than relying on the stipulation or any single evidentiary source, the Court has considered the entire record as to the girls’ presence on each day in 2000. As to each contested period, the Court has reached a conclusion based on what the Court finds to be supported by a preponderance of the evidence. In calculating the days spent with petitioner, the Court 5 Petitioner attempted to rely on the records of Ms. Kennedy’s nonrevenue ticket purchase to establish that she was traveling on certain contested dates. However, as respondent pointed out, Ms. Kennedy purchased such tickets for family members and friends as well as for herself; thus, the records do not definitively establish her whereabouts. At best, the nonrevenue ticket records help to corroborate the times Ms. Kennedy was working as a flight attendant.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011