Bruce Edward Kennedy - Page 10

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          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.                                  





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