- 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