RCMP Interview of Desiree Capuano (2016-07-13)

Synopsis

This interview was conducted in person, in Arizona. The RCMP actually sent two Detectives to Los Angeles to interview my friend Liz, and Tucson, AZ to interview Desiree and her boyfriend James Pendleton.

You're probably thinking: Why the fuck would they make so much fuss and spend so many resources on something so petty as a website exposing an evil person for being an evil person? My answer to that question is: Yes, exactly!

This interview, in particular, is critically important because this is the one where Desiree was laughing and joking with the RCMP about the same stuff she was fake-crying over at the trial and in the news media. In this interview, Desiree also screwed up and contradicted some of her lies.

If you listen to the audio, you may find yourself thinking: "What an asshole that Patrick Fox is! This Desiree Capuano is such a sweet, caring, gentle person. Just listen to how she get's choked up and cries when she talks about certain things." Except that you might notice she goes from crying to laughing hysterically to crying to laughing to crying to laughing, sometimes within a few seconds of each other. You know why? Because it's all an act! There is not one ounce of sincerity in any display of emotion from Desiree. And if she's being nice and sweet and caring ... it's prbably because she wants something from you.

Of particular interest in this interview, is when:

Desiree is laughing about punching herself in the abdomen when she was five months pregnant with our son, to try to force a miscarraige - which subsequently resulted in our son being born three months premature and blind in one eye entry 702;
Desiree is laughing, along with the RCMP Officer, about the time she called ICE and had me arrested at a family court appearance entry 514;
Desiree admitting she's been using our son to try to control and manipulate me entry 976.

How to Tell When Desiree Is Lying/Faking

For those of you who actually listen to the recording of the interview, you will eventually begin to notice some of the tells when she's lying and trying to manipulate. Some of them are typical of pathological liars and manipulators. Here's what to watch for:

Speaking in sentence fragments, and making disjointed statements;
Volunteering unsolicited information, especially information not related to the current topic. Sometimes, this is to distract the other party, to get them to change the topic because she suspects they're not buying her story, or she realizes she's started down a path she won't be able to plausibly maintain.
Non sequitors. This is, again, to try to distract the other party in order to move away from the current line of questioning/
Frequently pausing mid-sentence or mid-thought. This is usually because she's making the lie up as she goes and hasn't really thought it through. When doing this, she'll also use "um" and "uh" much more than usual.
Appearing to become overly emotional, usually pretending to cry or to be about to cry. This is actually an extremely common tactic with a lot of females, because they know that if they cry most people will immediately forget everything and focus on consoling them. And amazingly, most people still fall for it.
The overly dramatic, drawn out, shaky sigh or exhalation. The shakiness is the key selling point. It conveys extreme emotional duress. You'll notice Desiree do this repeatedly ... then, moments later she'll be laughing and joking.
Speaking very, very softly. In particular, sometimes she will say something, then immediately repeat it in a much softer tone. Again, she's trying to create the impression of someone who is exhausted from being tormented and "beat down" for so many years.

Alright, armed with this new insight, go ahead and listen to her masterful theatrics. But remember, it is physically impossible to go from severe sadness to severe elation to severe anger and back and forth every few seconds (it takes time for the chemicals/hormones to wear off and the mental state to transition). If someone is doing that, as Desiree is in this interview, they are clearly faking.

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Statement of Desiree CAPUANO

Burnaby File:

2016-25379

Statement Date:

Wednesday, 2016/07/13

Statement Time:

1323 hours

Wilcott:

Cpl. Brent WILCOTT
Capuano:

Desiree CAPUANO

**UNCORRECTED** CONFIRM ALL DETAILS WITH INVESTIGATOR BEFORE TAKING ACTION ON THIS INFORMATION

Audio recording of the entire entire interview

Wilcott:

Good afternoon. It's Corporal Brent WILCOTT with the Burnaby RCMP. It's Wednesday, July 13th, 2016 at uh 1323 hours. I'm here at { V01 - Redacted by Crown Counsel }. Uh oh, with Desiree. Sorry, Cap-, Desiree, can you help me pronounce the last name too?

Capuano:

CAPUANO.

Wilcott:

CAPUANO. So thank you very much, Desiree. Um so like we said we're gonna take a statement of you regarding uh Mister RIESS, Mister FOX, kinda whatever we wanna call him. I, I know you know him as Mister RIESS.

Capuano:

Yes.

Wilcott:

Uh he has changed his name obviously and you're aware of it to --

Capuano:

I...

Wilcott:

-- Patrick FOX.

Capuano:

Yes.

Wilcott:

Um but we're, I'm hoping to get kind of a, a full history lesson. Um when you guys met, let's start from there and then let's go through kind of all the, the crap that you've been going with, going through I guess.

Right from the outset, the police are completely accepting everything she says, without question. "All the crap you've been going through..."? The Canadian justice system participants are so fucked up in the head that it never even occurs to them that Desiree was the one that started every single conflict between us. It's all there in the emails on the website - every single fight was started by her.

And these fuckwads don't care at all that it was Desiree that started the entire dispute in 2011, by abducting our son from me when I had custody of him, then doing everything she could to get me arrested, detained, and deported, so that she could steal custody of our son after the family court ordered her to return him to my care.

This pussy-assed bitch is incapable of accepting the reality that a woman can be anything other than an innocent victim.

10.

Capuano:

Okay. Alright. [sigh] Um...December of 1999 broke up with an ex-boyfriend um in Florida and moved out to Arizona. Uh January of 2000 I met Richard RIESS at a bar in Phoenix. Uh we started dating. Um it was a very fast moving relationship. Um after the first month and a half or so uh we moved to Los Angeles um and lived there for about another month and a half. Um I became pregnant in March of 2000.

Desiree neglects to mention that within a couple weeks of getting to Los Angeles, she hooked up with a friend of the family who provided her drugs; she went on a bender; I got fed up with her drug use and ditched her; she disappeared and was arrested in Santa Monica, under a fake name (Virginia Tomlin) Santa Monica court record; email dated 2012-02-08; then committed to a psych hospital under court order. Apparently, Desiree was talking to non-existent entities and making "unusual" gestures during her court appearance.

After a couple of weeks I tracked her down at the Penn Mar Therapeutic Center, in El Monte. I told the doctor I was her husband. He told me she was suffering from delusions, dissociative disorders, and bipolar disorder. They had her on some medication for it. The doctor wanted to keep her for a while, on observation.

Um in April [sigh] of 2000, April/May time frame, somewhere around there, um I was in a very bad car accident, I was about three months pregnant and uh I started hemorrhaging.

Actually, it was in June 2000 that she had the car accident. And it was only "very bad" in terms of damage to the car. She was unharmed. The paramedics checked her at the scene and there was not a single injury. Not even a bruise or bump.

The "hemorrhaging" Desiree is referring to actually happened in August 2000, and not because of the car accident. It happened because she repeatedly punched herself in the abdomen to try to force a miscarriage because she was mad about an argument we had had. Hopsital records from the Harbor-UCLA Medical Center prove this to be true. It is because of that incident, Desiree's own, deliberate actions, trying to force a miscarriage five months into her pregnancy, that our son was born three months premature and blind in one eye. Not because of the car accident she was in.

You may be thinking: What kind of horrible monster would do that? Desiree Capuano. Don't think for one second that there is an ounce of sincerity to her sweet facade.

Um we decided to move back to Phoenix because my mother lived there. Um so in August we drove um from Los Angeles to Phoenix uh with a stopover in Las Vegas where we signed a marriage licence at the drive-thru wedding chapel. Um in Phoenix [sigh] uh I continued to hemorrhage off and on.

11.

Wilcott:

Sorry, let's just go back to that and catch up here.

12.

Capuano:

Sure.

13.

Wilcott:

So you got married in uh Las Vegas.

14.

Capuano:

Yes.

15.

Wilcott:

In what month, sorry?

16.

Capuano:

Uh August of 2000. We signed a marriage licence but he is actually, he was already married --

17.

Wilcott:

Okay.

18.

Capuano:

-- to Kimberly Anne SHIRES, and he still is. And so I was his second marriage so it was never legitimate.

This is an example of Desiree's insatiable desire to cling to delusional beliefs. She has been insisting, since we separated in 2001, that our marriage was never valid because I was already married to another person at the time I married her.

Her claim is based on a marriage certificate she supposedly found in Nevada, between a Richard Riess and Kimberly Anne Shires. For the sake of argument, she has never attempted to verify:

Whether I am the Richard Riess named on that certificate - I was not the only person with the name Richard Riess.
Whether that marriage had been terminated before Desiree and I got married. Had Riess and Shires divorced? Had an anullment? Had Shires passed away?
Whether that marriage was, itself, legitimate - was Kimberly Shires already married to someone at that time she married Richard Riess? That would have rendered the Riess/Shires marriage invalid.

Desiree has never stated that she had verified any of that. I, personally, have never bothered looking into this claim of Desiree's because I assume it's just another in her endless stream of lies.

What's most fascinating about this particular fairy tale, though, is that in 2002 (I think it was June), while still being married to me, Desiree married Michael Capuano. At the time she married him, she and I still had divorce and child custody proceedings going on, so she knew she was still married to me. So, once again, this is a case of Desiree accusing me of engaging the misconduct that she was engaging in.

19.

Wilcott:

Okay...Sorry, keep on going there.

20.

Capuano:

Oh no, it's okay. Um we, we really only got married for the insurance. Um...

21.

Wilcott:

'Cause of the medical?

22.

Capuano:

Yeah.

This makes no sense. She's obviously referring to coverage for our son, particularly due to his premature birth and being in an incubator, in the hospital, for the first three months of his life.

But what she's saying is nonsense because:

We were married in August; our son wasn't born until the end of September. There is no way we could have know at the time we got married that he would be born premature.
Our son is my offspring - he, and all medical expenses related to his birth and his care following his birth, would have been covered by my insurance, regardless of whether the mother and I were married.
Desiree and I weren't married when I put her on my insurance, starting in March 2000; or while she was committed to the psych hospital; or when I brought her to the hospital after her do-it-yourself abortion attempt; yet I had no reservations about falsely claiming we were married at those times so why would I suddenly have such reservations about falsely claiming she's my spouse at that time?

This is typical: Desiree tells lies that make no sense, but nobody questions them because she's female and Canadians, apparently, believe females never lie.

23.

Wilcott:

Okay.

Audio Clip:

Desiree lying about me saying I didn't want anything to do with her or our son

24.

Capuano:

Yeah. Um, uh so in Phoenix um hemorrhaged a couple times. Um I was Bayflited to the hospital at one point and uh September 27th um gave birth to our son. Uh it was a, an emergency C-Section. Um I was severely early, I was a week into the six month so our son was born at two pounds three ounces, was in an incubator for six weeks. Um during that time uh Richard um told me he didn't want really anything to do with me or the child. Um and he didn't go to see the child in the hospital,

First, that's not true. I did go, with Desiree, to the hospital to see our son on a number of occasions. In fact, here is a photograph of me at the hospital, holding our son. I included the audio clip, above, so you can see how easily and convincingly Desiree lies about things.

Granted, I didn't go to the hospital to see him as frequently as Desiree did, but perhaps that was because I had a this silly thing called a job and didn't have all the free time that Desiree had. Also, the fact that I'm not an overly emotional, sentimental, irrational female might have had something to do with it. I mean, he just layed there - it's not like he did tricks, or offered us coffee or cocktails, for Christ's sake.

Desiree has been telling this lie for years, claiming I never went to see our son in the hospital, and that I said we should have let him die. There is no depth to which she won't sink to get people's sympathy! And for those who still believe her incessant lying, I remind you, there are photographs of me at the hospital, holding our son! And who the hell do you think took those photos of Desiree, at the hospital, with our son? There were no camera phones or selfies in 2000.

uh told me it would probably be better if we gave him up for adoption. Um of course I didn't.

Another of Desiree's incessant and recurring lies. She insists I said we should give our son up for adoption, and to see if we could get some money for him. She admits that she did call around, inquiring about getting money for him email dated 2012-10-05.

Now, let's entertain her claim for a moment, that it was my idea, and that I told her to do that. The fact is she is the one that made those phone calls. If she was really so repulsed by the idea, she could have refused; she could have left and gone back to Teresa's (her mother's). But she didn't. She stayed and she called orphanages to see if she could sell our son. Because it was her idea, it was what she wanted. And, of course, don't forget: she was the one that tried to force a miscarriage five months into her pregnancy; and she is the one that left our son in Phoenix so she could run back to Florida to be with her ex-boyfriend; and she is the one that was voluntarily absent from our son's life for nine years. So who do you really think came up with, and executed the idea of trying to sell our son?

Uh he came home from hospital after about six weeks. Uh we had him in Phoenix um and then we moved back to LA. Uh which is where Richard wanted to be. Um so...

25.

Wilcott:

Sorry, when was that around?

26.

Capuano:

[sigh] Uh late 2000. I, I, I don't remember exactly when it is. It was late 2000 or early 2001.

27.

Wilcott:

Okay.

28.

Capuano:

Um we...

29.

Wilcott:

And where, where did you guys move to?

Audio Clip:

Desiree lying about me defrauding employers and using fake social security numbers

30.

Capuano:

Los Angeles, Torrance. Um we lived there in an apartment. Um...so, I'm sorry, off track. Um when we were together in Arizona he actually uh would take jobs with companies, get the relocation money, uh stay with the company for a couple weeks and then quite, uh keeping relocation money. So he did that to four different companies while we were in um Arizona, um each time using a fake social security number to get employment.

31.

Wilcott:

And sorry, when was this around?

32.

Capuano:

This was in 2000. Um...

33.

Wilcott:

And you think about three to four, or?

34.

Capuano:

Yeah. Yeah. Ev-, every company that he worked with he actually used a f-, made up social security number. Um...

35.

Wilcott:

Where did he get that?

36.

Capuano:

He would just make it up, the social...

37.

Wilcott:

Just came up with a number?

38.

Capuano:

Yeah, yeah.

Oh, come on! Do you notice that Desiree makes so many claims against me, but never once provides a single piece of supporting evidence?

I never once took a position out of town, accepted relocation funds, then resigned and kept those relocation funds. I did take two out of town projects, one in Boston and one in Delaware, which I resigned from shortly thereafter, but: 1) there were no relocation funds - I had to cover my own travel expenses (that's how contracting works); and 2) the reason I quit those projects was because December in Boston and January in Delaware is just too damn cold, no matter how much money they offer me.

And as for her claim about the fake social security numbers, I was doing corp-to-corp contracts. The clients didn't require or ask for my social security number. If anything, they would want the EIN of the corporation. And there would be no reason for me to provide a fake EIN. She's just so, so, so full of shit, this women.

39.

Wilcott:

Okay.

40.

Capuano:

He, he'd figured out like the first three numbers indicated what state it was from and so he would choose the state that he'd want the social to come from and then he would use the other numbers and figured out the method there.

41.

Wilcott:

Did he talk to you about that?

Audio Clip:

Desiree falsely claiming I would rent cars using a fake social security number

42.

Capuano:

Mm hmm, yeah. Um, uh he would, he would rent cars and providing his fake identity, things like that, so. Um...

43.

Wilcott:

And he was living in the States at this time. Right?

44.

Capuano:

My...yes.

45.

Wilcott:

Under?

46.

Capuano:

Uh Richard RIESS.

47.

Wilcott:

Okay. So it wasn't a fake ID then.

48.

Capuano:

It wasn't a fake identity, um it was, it was fake ... social security number.

49.

Wilcott:

Okay.

Audio Clip:

Desiree falsely claiming I introduced her to my parents; and that she has all of my family and school information

50.

Capuano:

Um and credit for, for things like that. [sigh] Um while we were together I actually put together a baby book um and so he introduced me to his dad and his mother and um at one point his half-brother came down and stayed with us while we were in Los Angeles. Um and I got his grandparents' names, great-grandparents' names, all of his half-brothers and sisters. And the elementary school, middle school, high school, the college he went to. Um I, I, I have it all. Um from...

Audio Clip:

Desiree lying about my parents and where I went to college

51.

Wilcott:

Where did, where were his parents from?

52.

Capuano:

Uh his mother lived in Vancouver, and his dad is in Toronto, Ontario. He uh, he went to Sprott-Shaw College. [chuckles]

53.

Wilcott:

And that's?

54.

Capuano:

He didn't graduate.

Audio Clip:

Desiree lying about where I went to grade school

55.

Wilcott:

Do you know which uh, which place he went to school at?

56.

Capuano:

Ontario.

57.

Wilcott:

In Ontario?

58.

Capuano:

Yeah, he was born in Sudbury.

59.

Wilcott:

Okay.

60.

Capuano:

So um, and I think the name of his school was some number, and it was like you know number 54 elementary school or middle school or something like that.

61.

Wilcott:

Okay. So he wasn't lying to you about his identity then.

62.

Capuano:

No.

63.

Wilcott:

It was just everyone else kinda.

64.

Capuano:

Yeah.

65.

Wilcott:

Okay.

66.

Capuano:

Yeah, and, and he would give him his, his real date of birth and his real name. Um whenever anybody needed a credit issue he would just make up a social for that. And so um [long, shaky sigh] ...

Audio Clip:

Desiree talking total nonsense about the end of our relationship

67.

Wilcott:

So you guys moved out to LA then and?

68.

Capuano:

Yeah, it was 2001, um the relationship was very bad. Uh it's just um he put me down a lot, um a lot.

Desiree loves to make these vague, generalized claims, but to date she has never once given a specific example of one thing that I'd done to her that was so bad. She has never once provided a single specific example of how I put her down.

It seems to me, I was the one that encouraged her to study Oracle - which subsequently led to her studying it in college, then pursuing a career in IT.

I seem to recall, that when we moved back to Los Angeles and she was unhappy because she didn't know anyone there, she asked if her friend, Carrie, from Florida could come and stay with us. I agreed to pay for Carrie to relocate to Los Angeles, and I supported her while she was staying with us. I had no problem with any of that - until I found out Carrie was using drugs and keeping them in the apartment. Unfortunately, I couldn't tolerate that, given the problems I'd had with Desiree's prior durg use, so I told Carrie she'd have to leave. But I will say, other than the drug use, I had no issues with Carrie. She was very polite and respectful and never caused any difficulties.

When Desiree was pregnant and saying she was unhappy in Los Angeles and wanted to move back to Phoenix to be near her mother, I agreed even though I had no desire to move back to Phoenix.

When Desiree told me she was pregnant (in March 2000, two months after meeting me) and she wanted to keep the child, I agreed even though I had no desire to be a parent.

Uh never had anything to do with the child. Um wouldn't even look at our son. Wouldn't pick him up, hold him, talk to him, ask about him, he didn't really want anything to do with him.

As I said above, Desiree has been making these claims over and over for years. But as I'd demonstrated above, there are photographs from our son's early childhood which prove it is completely false. For example:

here I am at the hospital, in November 2000, holding Gabriel while he was still on life support (See that smile on my face? Angry, resentful people don't smile when they're being forced to do something they don't want to do!);
here, I am the one taking the picture of Desiree with Gabriel in the hospital in October 2000;
here I am, holding Gabriel with a smelly diaper, in our apartment in Torrance, in summer of 2001;
here I am, holding Gabriel when I brought him to Desiree's mother's home in Phoenix, after Desiree and I separated, because Teresa asked if I would bring him there for Christmas 2001;
here's Gabriel in the passenger seat of my car, as we're about to head back to Los Angeles after spending Chirstmas at Desiree's mother's home in Phoenix (after Desiree and I separate) (and I'm Jewish, I don't even celebrate Chirstmas);
Editor's Note: Don't shit yourself, Fox put Gabriel in the car seat before they left. He's not that negligent!
here I am, playfully hiding behind Gabriel, sometime after Desiree had gone back to Florida to be with her ex-boyfriend and I was living alone with Gabriel in Los Angeles;
here I am, playing around with Gabriel and my motorcycle helmet, in the summer of 2002, long after Desiree had gone and it was just me and Gabriel in Los Angeles;
here I am, showing Gabriel my motorcycle from the perspective of the rider, in the summer of 2002.

So, I think you get the idea, right? Either Desiree has a very demented idea of what a caring parent is, or she's just full of shit.

Um he blamed me for putting him in a position where he had to be a dad and he didn't like that.

No shit, Sherlock! Two weeks before Desiree told me she was pregnant we were talking about having children (in general, not necessarily with each other), and I told her I had no desire to have children. She also said she didn't want kids yet; though maybe when she's older. Then, a few days later she started telling me stories about her being pregnant before and her father making her have an abortion; and another time she was pregnant and had a miscarriage. She told me about how all of that had messed her up so bad.

Then, a week later she tells me she's pregnant and wants to keep it.

Then, in July, when we went to the hospital after she tried to force a miscarriage, she told the doctors she'd never been pregnant before and, obviously, never had a miscarriage or an abortion. All that stuff she told me was just lies so I would feel bad for her and go along with what she wanted. She really is an evil, evil person. I think that was the point at which I realized she will say anything to get her way. Yet, still I married her ... weird, huh?

But unlike Desiree, I would never take out such resentment on Gabriel. It's not his fault. He never asked to be born, and certainly not to such shitty parents. Even though I never wanted to be a parent, I was a parent, and I would try to be the best parent I could (although, at times, I fell far short of my own expectations in that respect).

Um so towards the end of 2001 uh I decided that I, I didn't wanna be in the relationship anymore. Um told him. It was very amicable. Uh we agreed to separate.

Actually, it was in late August 2001, when she returned to Los Angeles after spending a couple of weeks visiting her mother, Teresa, in Phoenix. And she didn't tell me she didn't want to be in the relationship anymore, she told me she had started using drugs again, and she wasn't going to stop and she didn't care what I thought about it. I said: Fine, do what you want but this is over, I'm not dealing with that bullshit again. Then, in late September she said she was moving back to Phoenix to stay with her mother. I said: See ya!

I wasn't "amicable", I was indifferent. By that point I was so fed up with her nonsense and drama; bringing her drug-using friends from Florida to live with us so she wouldn't be "lonely"; the perpetual, never ending stream of crisises that was always sucking up all our money; her complaining to everybody, behind my back, about how I was always trying to control her, and I never wanted anything to do with Gabriel, and I was always putting her down (absolutely none of which was true).

After she had left, my friends told me about she used to tell them how controlling and manipulative and psychologically abusive I was to her. And they felt bad for her. But after she left, and I had custody of our son for some time, they realized it was all lies and manipulation.

We went through all of belongings, split 'em all up evenly. Um there was never any question about you know the child. Um and in October of 2001 I moved uh to Phoenix uh with our son and moved in with my mom. Uh at this time the ex-boyfriend from Florida uh and I began talking and he knew that I had a child. Um but we decided to see if we could give it another shot. And so in December um I went to Florida on a very short trip, it was supposed to be a week, we had plane tickets bought to come back and get my son. Um my mom told me to leave my child with her and um it would be fine, she would take care of him and go figure it out and we could always come back and, and get him and bring him to Florida.

This is another of those lies that Desiree keeps telling, which doesn't stand up to any scrutiny.

In early December, she called me from Phoenix, complaining that it was so hard taking care of Gabriel without a car, because she had no way of bringing him to the doctor, et cetera. I had just bought another Porsche, so I told her she could use (use, not have) the Chevy Tracker. I bought her a plane ticket to LA so she could come and pick it up. When she came to LA I gave her a couple thousand dollars to buy Christmas presents for Gabriel and her family.

A few days later, Teresa called me and told me she had gone back to Florida. She took all the money I gave her for Christmas presents, and drove to Florida in the Tracker.

Her claims of needing a vehicle had nothing to do with providing for Gabriel, that was just more lies and manipulation to get me to give her the car and some money so she could take off to Florida.

And her claims about it being a short trip, and already having the plane tickets to fly back to Phoenix a week later is also bullshit. There's no record of her buying any plane tickets. She's never been able to produce a receipt or a confirmation. When she left for Florida she didn't even provide Teresa any forwarding or contact information. If she had, Teresa would have been able to inform her that I was going to Phoenix to bring Gabriel back to LA.

Uh Richard found out and while I was traveling to Florida he drove from Los Angeles to Phoenix. He took our son from my mom, brought him back to California, filed for custody and said I abandoned him.

It's funny she phrases it as I "took our son from her mom". He was mine and Desiree's son, not her Teresa's. Desiree left him there, and Teresa was not looking to raise another baby.

And as for me claiming she abandoned Gabriel - she did! That is exactly what she did! She left Gabriel with Teresa and took off across the country without leaving any forwarding or contact information, and no indication of when she would be back for him. How is that not abandonment?

Desiree claims she had already purschased a return plane ticket for a week later, but here we are more than twenty years later and she has never been able to provide any proof of that - no receipt, no confirmation email, nothing.

And as for me immediately filing for custody of Gabriel, of course I did. What kind of parent wouldn't under these circumstances?

And the money that I have for the plane tickets then had to go towards lawyer fees.

And here we have a perfect, classic example of Desiree contradicting herself in her own lies. A few sentences ago, she claimed she had already bought the plane tickets from Tampa to Phoenix, to return to pick up Gabriel; but now she's claiming the money she had for the plane tickets had to be used for a lawyer instead. So obviously, she hadn't already bought tickets to fly from Tampa to Phoenix then back to Tampa.

For those of you who are desperately clinging to the naive and gullible belief that she could have bought the tickets then gotten a refund: She said she had booked the return flight for a week after she left for Florida. She left Phoenix around December 16. That means her flight from Tampa to Phoenix would have been somewhere around December 23 - 26. That's a peak travel time. Refundable tickets at that time of year, on short notice, would have cost her a fortune. There is no way she would have bought refundable tickets. And if she bought non-refundable tickets then she wouldn't have been able to get a refund - she would only be able to change it for a different flight. You see? Her lies just don't stand up to scrutiny.

And notice the police didn't notice this discrepancy at all.

Um and in February of 2002...

69.

Wilcott:

Sorry, let's go back here.

70.

Capuano:

Yeah.

71.

Wilcott:

So he took Gabriel from your mom?

72.

Capuano:

Yeah.

73.

Wilcott:

And do we know how that went?

74.

Capuano:

Um basically he showed up and said I want my son and she said I have no legal right to keep him from you.

75.

Wilcott:

Just like that?

76.

Capuano:

Yeah.

77.

Wilcott:

So there was no fight or anything?

78.

Capuano:

Not that I know of.

79.

Wilcott:

Do you talk to your mom anymore?

80.

Capuano:

Yeah, my mom and I are very close.

81.

Wilcott:

Okay.

82.

Capuano:

She feels bad about it but there wasn't much she could do, he was the father, so um she...

83.

Wilcott:

So he just took really --

84.

Capuano:

Yeah.

85.

Wilcott:

-- um, just gonna make note of that.

You see? This is how fucked up the Canadian justice system is.

If a mother who has had no presence in her child's life for nine years, shows up out of the blue, abducts the child from the custodial parent father, and runs away to another state with him and tries to get custody based on lies she tells about that custodial parent father who raised the child alone for nine years, that's perfectly acceptable.

But if a father, who had always been present in the child's life and has joint custody of the child, travels to another state (350 miles away) to pick up the child and bring him home after the mother abandoned the child there, then they see that as the father "taking" the child.

I swear, it is no exaggeration, the whole of Canadian society lives in a delusional fantasy universe where they believe no woman can possibly do anything wrong; and women are always the defenseless, helpless victims and men are always the aggressive, abusive oppressors.

86.

Capuano:

Yeah. I don't believe there was a fight.

87.

Wilcott:

And how old was Gabriel at this?

88.

Capuano:

He was uh a year, a year old.

89.

Wilcott:

Okay. And what happened after that?

90.

Capuano:

Um we fought for custody. I, me from Florida.

It is a delusional fantasy to say we "fought for custody".

We had one interim hearing, for the purpose of determining a temporary custody arrangement until a final, long-term order could be made. Desiree came to Los Angeles for the hearing, and she brought Michael Capuano with her. The judge told her: In the future, don't bring your new boyfriend to your family court hearings. The judge ordered that in the meantime, we will share custody in two week intervals; that if Desiree will be travelling cross-country to pick up Gabriel then she must fly, the judge would not allow Desiree to travel cross-country, by car, with Gabriel every four weeks. Desiree told the judge she would move back to Phoenix, with her mother, so that she wouldn't have to drive cross-country Findings and Order After Hearing, in LASC YD042145, 2002-02-21. The judge ordered that Desiree's first custody period would start that day, and I would pick Gabriel up from Desiree in two weeks.

Later that day, Desiree and Michael took custody of Gabriel and proceeded to drive to Phoenix. The next day, they drove, with Gabriel, from Phoenix to Tampa - in direct violation of what the judge had ordered.

Two weeks later, I flew to Tampa, picked up Gabriel, and brought him back to LA. Two weeks later, Desiree did not show up to pick up Gabriel. That was the last in-person contact she had with him until 2011 (and there were only four or five phone calls from her to Gabriel in that nine years).

That's not much of a "fight for custody".

91.

Wilcott:

While you're in Florida, okay.

92.

Capuano:

Mm hmm. Him in California. He had a very good job. Um he's always been a C++ software developer and so he's always made...

93.

Wilcott:

What does that mean? Sorry, I've seen that.

94.

Capuano:

He writes code.

95.

Wilcott:

Okay.

96.

Capuano:

He writes code, he's a programmer.

97.

Wilcott:

Like binary and?

98.

Capuano:

Yeah.

99.

Wilcott:

Okay.

100.

Capuano:

But C++ is the language.

101.

Wilcott:

Okay.

102.

Capuano:

That's the language that he writes code in. Um and he always has. I mean that's just what he does. And so uh both here and in Canada and anywhere in the cc-, in the world.

103.

Wilcott:

Okay.

104.

Capuano:

Um programmers make a lot of money. So he was making 75,000 dollars a year. Um so he had lots of money, a good lawyer, he had the kid. Um... [sigh]

105.

Wilcott:

So how much legal turmoil are we talking about here in the end of 2001? What happened?

106.

Capuano:

Lots. Lots. Um I couldn't afford a very good attorney and I had to get an attorney in California.

107.

Wilcott:

Uh huh.

Audio Clip:

Desiree lying about the child custody proceedings from 2002

108.

Capuano:

And so from Florida we're just trying to go back and forth. Um, uh she really didn't do a whole lot and I didn't have any money. And so um she was a very inexpensive attorney and I was borrowing money to pay her and uh you know her position was that I did not abandon my son in any way, shape or form. Um and that Richard would call um all the time in the middle of the night and he would tell me that he couldn't handle the kid, he couldn't handle our son, that uh he just, he was gonna give him back um every other night. And uh by morning he would change his mind. And uh, uh emails back and forth. Um that you know he's only doing this to hurt me. Uh he only took the kid 'cause he thought I would go after child support. Um none of it had to do with the love for the child. Uh it was really all just a way to get back at me.

More lies that don't stand up to any scrutiny. Where are these supposed emails? How come she's never provided them to the police or the prosecutors? If such emails did exist, you can be absolutely certain Desiree would have provided them to the police. Same goes for phone records. Desiree's phone records from that time would show that she repeatedly changed her number, so I had no way to reach her. And my phone records would show that during that entire time my phone number hadn't changed.

Also, in March 2002, I hired a nanny to help out with Gabriel, so it really wasn't that strenuous for me. Admittedly, the first couple of weeks, in December 2001 and January 2002, were challenging, but having money tends to make such things much, much easier (because you can hire people to help out).

109.

Wilcott:

Okay.

110.

Capuano:

Um and so we submitted those to the judge as, as evidence that you know none of this was about his love of his son and wanting to be a dad. It was about hurting me. Um in February of 2002 we went to court in California and the judge said that based off of the email conversations back and forth, it appeared that nobody had the child's best interest in mind so she was going to discount all of those conversations. Um she determined that we should have joint custody of the child who again was about a year and a half old at this point. Um no child support would be determined. And that the terms of the joint custody were that we were supposed to fly the child back and forth between California and Florida every two weeks.

111.

Wilcott:

That's a little unreasonable don't ya...

112.

Capuano:

Yup. Um and my attorney you know said you know she, she lives in Florida, this is, this is gonna be unreasonable and the judge said I don't really care, then she needs to figure it out.

Yes, the judge gave Desiree no sympathy because Desiree had clearly demonstrated her priorities, by leaving Gabriel with Teresa in Phoenix and running off to Florida to get back together with her ex-boyfriend; then she completely offended the judge by bringing that boyfriend to the custody hearing.

As always, Desiree dug her own whole with her own bad conduct, then expected everyone to feel sorry for her and bail her out. And then she has the nerve to say the judge was being unreasonable. Gabriel's home state at the time was California, so a California family court judge is going to lean toward keeping the child in California. And if a parent moves to another state, particularly if they move to another state in order to be with an ex-boyfriend while they're still married to the other party and they leave their child behind, the family court is not going to be very sympathetic to them.

I believe the judge was creating a situation to allow Desiree to prove what's really important to her: stay in or near Los Angeles so she can be with her child; or go back to Florida and be with her boyfriend, at the expense of not being with her child. And Desiree clearly made her choice!

And notice how these Canadian police agree with Desiree, that the judge's ruling was unreasonable. Oh, how horrible that a woman should have to suffer the consequences of her actions, and should have to choose between being with her child or being with her boyfriend.

113.

Wilcott:

Okay.

114.

Capuano:

So...

115.

Wilcott:

Sorry, I'm just gonna quickly go back.

116.

Capuano:

Yeah.

117.

Wilcott:

We're gonna...

118.

Capuano:

And I have that documented. I mean I have the original 2002...

119.

Wilcott:

Okay, the court order?

120.

Capuano:

Yeah.

121.

Wilcott:

Perfect.

122.

Capuano:

So if you need to see the two weeks with each parent [chuckles].

123.

Wilcott:

So just one thing I just had a quick question about.

124.

Capuano:

Yeah.

Audio Clip:

Desiree admitting to disobeying the judge's order; and playing on Wilcott's compassion

125.

Wilcott:

So you were flying out to, did you fly to Florida the first time?

126.

Capuano:

I drove.

127.

Wilcott:

You drove?

128.

Capuano:

Mm hmm.

Wonderful! And here's Desiree openly admitting that she immediately did exactly what the judge ordered her not to do. And, she's admitting that she lied to the judge by telling the judge that she was going to move back to Phoenix so that she wouldn't have to fly cross-country every month.

I've said it before and I'll say it again: Desiree will say whatever she needs to to get what she wants from you, with absolutely no regard for the truth or any potential consequences. White trash to the motherfucking core!

And notice, the police just completely ignore the fact that she just admitted to committing perjury and to brazenly disobeying a court order. They simply refuse to acknowledge that a woman could possibly have done something wrong - even when the woman openly admits to it. It's like their brain is condition to only hear white noise when they're presented with proof that a woman actually did something bad.

129.

Wilcott:

That's why it took a little bit then?

130.

Capuano:

Yes, yeah.

131.

Wilcott:

Okay.

132.

Capuano:

Took me three days.

133.

Wilcott:

How did Richard find out?

134.

Capuano:

I told him.

135.

Wilcott:

Okay.

136.

Capuano:

I honestly didn't think I had anything to worry about. He had never showed any interest in the kid.

137.

Wilcott:

Did you tell him you were going --

138.

Capuano:

Yeah.

139.

Wilcott:

-- for what reason?

140.

Capuano:

I told him that an ex and I, he knew, he knew of the ex. Um...

141.

Wilcott:

Do you think that had a cause to this?

142.

Capuano:

Probably.

143.

Wilcott:

Like a jealous...

144.

Capuano:

Yup, yeah, but it just didn't occur to me.

145.

Wilcott:

Okay.

146.

Capuano:

Like we, we had been apart for six weeks, two months and at no point did he ask about our son. He came out to see me but didn't wanna spend any time with our son. Um it just was never a consideration in my head.

147.

Wilcott:

Yeah.

148.

Capuano:

Uh he told me later that he had already contacted the attorney and the attorney told him to act that way. And so he had already been planning it.

Possibly. That would certainly be consistent with my usual detached, methodical way of doing things. It would also be inconsistent with Desiree's stated claim that she believed I was jealous of her being with Michael.

Consider this:

I moved from Phoenix to LA in March 2001, so I could rent an apartment before her and Gabriel came out.
They moved to LA on April 1, 2001.
Under the UCCJEA, a state becomes the child's "home state" after the child has been living in the state, continuously, for six months.
Desiree told me in mid-September that she was moving back to Phoenix to stay with her mother. I asked her to stay until after her 21st birthday, which was October 1, so that I could finally take her out to dinner and a bar (because she'd finally be 21). She agreed. Coincidentally, October 1, 2001 would also be exactly six months since Gabriel moved to California.
October 1, 2001 was Desiree's 21st birthday, and it was also the day California became Gabriel's home state, meaning the California court would have jurisdiction over child custody matters.
If one parent moved out of state, the home state court would be inclined to keep the child in the home state.
If Desiree had taken Gabriel to Arizona after October 1, then filed for custody in Arizona, I could have filed in California for a home state determination and it would have been determined that California was the home state and would have jurisdiction over the proceedings.

So, was I acting deliberately, methodically, and rationally? Or was that all just a coincidence, and I was a dejected, jealous ex-husband? Only God and I truly know the answer to that.

149.

Wilcott:

Oh.

150.

Capuano:

I, I didn't know.

151.

Wilcott:

When did he find that out? Was that after, like around the trial time?

152.

Capuano:

Yeah.

153.

Wilcott:

Okay.

154.

Capuano:

Yeah. Um...

155.

Wilcott:

Okay, so let's go back toward then, we'll go after, sorry, what was the date of that? Was it February 2002?

156.

Capuano:

February 2002.

157.

Wilcott:

Okay.

158.

Capuano:

Yeah. Um so I, I got the first two week visit um because at that point I hadn't seen my son in over two months and he was a year old, a year and a half.

159.

Wilcott:

And you were now living in --

160.

Capuano:

Florida.

161.

Wilcott:

-- Florida. You were staying there?

162.

Capuano:

Yeah.

163.

Wilcott:

Okay.

Audio Clip:

Desiree telling a completely made up story about me going to Florida and tampering with her car in the middle of the night

During this exchange, it actually sounds like that jerky-tits, Wilcott, is finally having doubts about the truthfulness of what Desiree is saying.

164.

Capuano:

Yeah. Um so we were allowed to have the first two week visit. Uh we drove him back to Florida with us. Um I had him for you know the, the duration of the visit. The handoff was supposed to happen in the airport so the day of you know I was supposed to bring him to the airport and meet up with Richard and transfer him into his custody and he would take him. The night before Richard actually appeared at my house and uh we caught him messing with the engine of the vehicle. Um when we turned on the lights and, and ran out he got in a cab and drove away so I couldn't actually prove any of it. But um the battery was unplugged and some other things were messed with um in the car.

165.

Wilcott:

Did you call the police about that?

166.

Capuano:

No. Uh we had nothing, nothing to show.

167.

Wilcott:

Did you see the hood up?

168.

Capuano:

Yeah. Saw him with the hood up and, and in front of it but he closed the hood and took off.

169.

Wilcott:

Okay, and what, sorry, what was happened, what did you guys notice?

170.

Capuano:

Uh well the dog started barking.

171.

Wilcott:

Okay.

172.

Capuano:

Um at the front. And so we went out and we saw somebody in front of the car. And so we turned on the lights, we ran out and he was gone.

173.

Wilcott:

And what was wrong with the car?

174.

Capuano:

The battery was disconnected. I think something else was done, done on it but I, I don't remember.

More lies that don't stand up to scrutiny.

Since Desiree had the only keys to the vehicle, and I didn't have a key, then how did I get the hood open to gain access to the engine compartment? The only way to open the hood is from inside the cabin, and getting into the cabin required a key. I'm not a car thief - I have no idea how to break into a car or jimmy the lock. How come the police didn't ask her about this?

She says I got in a cab and drove away. The cab company would have a record of the fare. Why didn't she contact them? Why didn't she file a police report? And, she lived on a residential street - there just happened to be a cab there right at that moment?

And of all the things I could have done in the engine compartment, all I thought to do was disconnect that battery? And I did that with my bare hands?

Audio Clip:

Desiree laughing about the false story she just told

175.

Wilcott:

That's 14 years ago.

176.

Capuano:

Yeah.

177.

Wilcott:

Okay.

178.

Capuano:

Um...

179.

Wilcott:

So the next day you're supposed to go meet him at the airport.

180.

Capuano:

Yeah, so I did. I gave him, I gave him my son. And uh...

181.

Wilcott:

Did you confront him on what happened?

182.

Capuano:

Yeah, he, he said he knew nothing about it.

183.

Wilcott:

...Okay.

Audio Clip:

Desiree falsely claiming I would frequently threaten her boyfriend's ex-wife and daughter; that she tried to save the money to visit our son; and by the time she had the money I had disappeared

Notice in this clip, Desiree is exhibiting some of the typical signs that she's lying: speaking in sentence fragments; disjointed statements; pausing mid-sentence; frequently saying "uh" and "um". And, of course, it all starts with the shaky sigh.

184.

Capuano:

[shaky sigh] Um he took our son back to California. Um and the next two weeks I just didn't have the money. Um he would continuously call, threaten, uh mm-, my then boyfriend, uh his name was Michael, he's my youngest son's father, Sage, so --

185.

Wilcott:

Mm hmm.

186.

Capuano:

-- um he would threaten Michael's daughter, uh Michael's ex-wife. Um talk trash about them. Some really lude and awful things, um sexual in nature about them. Um just constant. And uh it got really hard um to deal with. And I honestly thought that if uh, if I was like you know what you just take the kid, fine, that's what you want, you want our son, then take our son, um that he would freak out. But uh and I guess he did but he never, he never gave me, our son back. Um I kept trying to raise the money to fly our son out. Um but by the time I had the money uh Richard was gone.

187.

Wilcott:

Do you know when that was?

188.

Capuano:

Uh it was later on in 2001, 2-, sorry, 2002. So yeah, I guess by...

189.

Wilcott:

So this is a couple cycles of --

190.

Capuano:

Yeah.

191.

Wilcott:

-- those two week cycles where you were supposed to see him.

192.

Capuano:

Yeah.

193.

Wilcott:

Okay.

194.

Capuano:

And I just couldn't afford it. I had no job, I had no money.

195.

Wilcott:

Yeah.

196.

Capuano:

We just didn't have anything. Um... [sigh]

Audio Clip:

Desiree falsely claiming in 2002 she had tried to contact me but my number was changed and I didn't repsond to any emails

197.

Wilcott:

And so did you try to just call him and you couldn't find him?

198.

Capuano:

Mm hmm. I called him, the phone number didn't work. I emailed him, he didn't respond. And, no other way to get a hold of him.

Audio Clip:

Desiree laughing openly about getting a job; and just a bunch more lies

199.

Wilcott:

Okay so what happened then?

200.

Capuano:

Um, I [chuckles] uh, I got a job. [laughing enthusiastically] I, at that point I mean I, I didn't know where he was, I didn't know, um, how to get a hold of him or how to find him, um or what to do. Um, so I would call Child Protective Services in Los Angeles every six months and give 'em my information. Um, and then in 2005, uh I got a call from my mom that said Richard and my son were in Phoenix. Um, my mom um and Richard agreed to, uh, have Gabriel, have our son there uh with her, spend some time with her. He actually um, he needed to travel to Los Angeles for some things so he asked my mom if she'd watch our son. Um she agreed. Um, so he spent some time with her there. Um, one of those visits in 2005, um she actually called me and put me on the phone with our son.

This is amazingly critical! Desiree is openly admitting, right here, that on a number of occasions while Gabriel and I were living in Phoenix in 2006-2007, we were in contact with Teresa; Teresa had been to our apartment (so she knew where we were living); Gabriel spent time at Teresa's house without me present; and Teresa informed her of all of this.

The reason this is critical is because it proves all of Desiree's claims about me hiding our son from her, and her not knowing where we were for nine years is all total bullshit! She knew exactly where we were and how to contact us.

This is also critical because if there was any truth to her claims I had absconded with our son then the moment Teresa informed her where we were she could have called the Phoenix Police or the Maricopa County Sheriffs and informed them and I would have been arrested. This proves that she had absolutely no interest in having anything to do with Gabriel.

And it was 2006, not 2005. Gabriel and I moved from Los Angeles to Phoenix in January 2006 and remained there until July 2007.

Um, and I guess uh, it really confused Gabriel. He was five years old at the time. And uh, Richard found out that she had called me and he got very mad, um, and refused to let her see Gabriel anymore. I guess um, it would have been around September of 2005 because they had arrangements for her to spend Gabriel's birthday with them. And so she showed up at his apartment with all of the birthday presents, and it was empty.

First, this statement is false. We did not have arrangements for Desiree's mother to spend Gabriel's birthday with us. Teresa had stopped communicating with us after the incident where she put Gabriel on the phone with Desiree. Presumably because she was angry that I disagreed with how she did it.

Nevertheless, I didn't care that she stopped calling because she meant nothing to me. The only reason I contacted her when Gabriel and I moved to Phoenix was as a courtesy, but I had no objection to her being involved in Gabriel's life if that's what Gabriel wanted.

As for the claim that the apartment was empty at the end of September 2006, that's correct, because we had moved to a nicer apartment in a nicer neighborhood. I didn't bother notifying Desiree's mother because she's the one that cut off communication, not me. Gabriel and I were still living in the same part of Phoenix as Desiree's mother, and we still ran into her from time to time, just as Desiree admits later in this inteview when she talks about the time Teresa ran into us at Marcel's ¶303-306. If she was interested in re-establishing relations she could have said so at any time.

201.

Wilcott:

So this is, did they have like an agreement they weren't gonna talk to you?

202.

Capuano:

No.

203.

Wilcott:

'Cause --

204.

Capuano:

Mm it was never determined or said ahead of time. Um, I guess he just assumed that she wouldn't call me.

205.

Wilcott:

Yeah.

Audio Clip:

Wilcott seems to be expressing doubts about what Desiree is saying

206.

Capuano:

Um and she did and, --

207.

Wilcott:

But if it took a couple times for your mom to call you.

208.

Capuano:

Yeah.

209.

Wilcott:

Like if...

210.

Capuano:

I think she was, --

211.

Wilcott:

And I'm a father and --

212.

Capuano:

Yeah.

213.

Wilcott:

-- my mother if my children were away from me and my mom had access to 'em, my mom would call me immediately.

214.

Capuano:

Yeah.

215.

Wilcott:

I have your child.

216.

Capuano:

Yeah.

217.

Wilcott:

And tell me.

Wilcott seems to be expressing disbelief in Desiree's claim that her mother (Teresa) didn't immediately notify her when I informed Teresa Gabriel and I were living in Phoenix; considering Desiree is claiming she didn't know where I and Gabriel were for the three or four years leading up to that.

Wilcott's disbelief is completely understandable, because if you're child has been missing for a few years then suddenly he's in contact with your mother and yet your mother doesn't bother to tell you? That seems a little fucking outrageous!

But what's even more outrageous, is that if your child has been missing for a few years then one day he contacts you, out of the blue and he's at your mother's home and you don't immediately call the police in your mother's jurisdiction? Come the fuck on! Does Desiree actually believe that people are so stupid that they would actually believe this story? But then, apparently people do believe her ridiculous stories so I guess they really are that stupid.

218.

Capuano:

Yeah. Um, well she told me that, you know Richard was in town. She told me that they were making arrangements, you know to spend time together.

219.

Wilcott:

Yeah.

220.

Capuano:

Um, and uh, but it was, you know, she didn't call me to talk to Gabriel until a couple times.

221.

Wilcott:

Okay.

222.

Capuano:

Um, there were, there were, there were many years that my mom and I had, had issues.

223.

Wilcott:

Yeah there's, obviously there's something there and, --

224.

Capuano:

Yeah.

225.

Wilcott:

-- that, you know what that's, --

226.

Capuano:

We've worked past it.

227.

Wilcott:

Okay good.

228.

Capuano:

We, we've worked past it. Um, --

229.

Wilcott:

And we don't need to --

230.

Capuano:

-- she's my best friend.

231.

Wilcott:

Okay.

232.

Capuano:

You know. Uh, --

233.

Wilcott:

We don't need to go into that, --

234.

Capuano:

No and that's okay, --

235.

Wilcott:

-- uh it just, --

236.

Capuano:

-- that's okay.

237.

Wilcott:

I wanted to cover that off because, --

238.

Capuano:

She, she blames herself for a lot of what happened.

239.

Wilcott:

Yeah.

240.

Capuano:

She does. Um, so September, October 2005 he's gone. Apartment's empty. Phone number doesn't work.

241.

Wilcott:

This is the Phoenix apartment?

Audio Clip:

Desiree blatantly lying about not know where I was, and that her whole purpose in life was finding Gabriel

This clip is included here to show you that even though Desiree admitted, moments ago, that she did know exactly where Gabriel and I were when we were in contact with Teresa, and that even though she knew that she made no attempt to contact the police or the family court to inform them, but now she's completely contradicting that by again claiming she didn't know where we were.

It's one thing to read it in a transcript, but to actually hear her telling these lies, so convincingly...

And amazingly, she has the audacity to claim that her whole purpose has always been to find Gabriel and get him back! But she just admitted that there were times when she did know exactly where we were and she did absolutely nothing!

So, you see how she just goes from one lie to the next without a moment's consideration? She is just a horrible, despicable, pathetic excuse for a human being.

242.

Capuano:

Yeah. And we're back to not knowing where he is. 2005, actually 2005 um, I enrolled in college. Um, and started working on getting a degree. Um, my whole, my whole thought process was, I never gave up on the fact that I, I was gonna find my son.

What the fuck is this psycho talking about? She just admitted that she knew exactly where we were when Teresa was in contact with us! She just admitted that Teresa knew my address and had been to my apartment; that Gabriel had spent the night at Teresa's house without me on at least one occaision; and that she had spoken to Gabriel on the phone during one of those visits. And now she's saying her whole thought process was that she would never give up on trying to find him? She already fucking found him!

And how could the Detective not notice this? Are the Canadian police really that fucking dense? Is this why they're always portrayed as complete buffoons in US movies and TV shows? Or is the Detective just being agreeable, to keep her talking openly? Is it possible that rather than being a buffoon, he's actually very good at his job? Nah.

243.

Wilcott:

Mm-hmm.

244.

Capuano:

That I was gonna have him. But I wanted to be in a position where once I had him, I would be able to provide for him. And so since I, I didn't know where he was, and I couldn't go after him, I thought that the best thing that I could do would be to improve myself and my situation. So that when I did find him, that I would be okay.

245.

Wilcott:

And you ha-, at this time you already have your other child, --

246.

Capuano:

Ss, yeah.

247.

Wilcott:

-- too.

248.

Capuano:

My younger. Yeah he was born in 2003.

249.

Wilcott:

Okay.

250.

Capuano:

Um Michael and I got married in 2002. Um, and uh, and so yeah we were married and raising, raising --

251.

Wilcott:

Okay.

252.

Capuano:

-- the younger child too.

253.

Wilcott:

Sorry I'm just gonna go, so you got remarried in 2002?

254.

Capuano:

Mm-hmm. Yeah. Yep.

255.

Wilcott:

(Inaudible).

256.

Capuano:

Mm-hmm. CAPUANO. Same last name as me. I kept his last name. 'Cause it sounded better with my first name.

257.

Wilcott:

'Kay.

258.

Capuano:

[chuckles]

259.

Wilcott:

Um, and --

260.

Capuano:

And we're actually really good friends.

261.

Wilcott:

Okay so you had a child.

262.

Capuano:

Yeah.

263.

Wilcott:

Uh sorry what was the child's name?

264.

Capuano:

Sage.

265.

Wilcott:

Sage.

266.

Capuano:

Mm-hmm.

267.

Wilcott:

And when was Sage born?

268.

Capuano:

{ V01 - Redacted by Crown Counsel }.

269.

Wilcott:

Does Richard know this?

270.

Capuano:

Yeah.

271.

Wilcott:

Like date of birth (inaudible) Sage is, --

272.

Capuano:

Yeah. Yeah.

273.

Wilcott:

Sage is boy?

274.

Capuano:

Yeah.

275.

Wilcott:

Okay. Just makin' sure.

Audio Clip:

Desiree talking very emotionally about Sage being on the website and any pedophile being able to find him

Notice, that even though Desiree appears to be very emotional here, she has never once asked me to remove Sage from the website. Obviously, she cares more about being able to use that to get prople's pity, than about protecting her son from pedophiles.

276.

Capuano:

Sage is a boy. Uh Sage is all over that website.

277.

Wilcott:

Okay.

278.

Capuano:

Yeah. Pictures of Sage.

279.

Wilcott:

Yeah.

280.

Capuano:

Video of him. Pictures of him in his underwear. Map to the house. If any pedophile wanted to find my under aged child he could just go right to the house.

281.

Wilcott:

Yeah.

282.

Capuano:

Super. Yeah. No Richard hates Sage.

283.

Wilcott:

Okay.

284.

Capuano:

Um ...

285.

Wilcott:

So did, how long were you and Michael together then?

286.

Capuano:

Until 2000 we, we separated in 2009.

287.

Wilcott:

Okay.

Audio Clip:

Desiree falsely claiming she didn't know how to contact us; then admitting the only way I was able to contact her was by sending a message through her mother

This is critical because at other points Desiree claims I had her number and knew how to contact her. But if that's the case then I would not need to ask her mother to forward her a message.

You see, so many lies and so many contradictions.

288.

Capuano:

So, um, yeah we're not, we're not even there yet. Okay so uh 2005. He, you know, he shows up. Um, has a couple meetings with my mom and then disappears again 'cause he doesn't like what she did.

289.

Wilcott:

Mm-hmm.

290.

Capuano:

Um, then I get a call in, was November or December of 2007. And Richard again showed, shows up in Phoenix. Um, the bar that we originally met at is uh a local neighborhood bar. Um, my mom worked there back when I was 15 years old and it was just kind of a hangout spot. So Richard knew that he could get a hold of my mom through the bar.

291.

Wilcott:

Okay.

292.

Capuano:

Which is how he kept finding her. So he would show up at Marcel's. Um, let them know that he was looking for Theresa and they would get a hold of Mom. Um and this time, the message that he gave to my mom to give to me was that Gabriel wanted to speak with me.

This somewhat contradicts what Desiree was claiming about me refusing to allow Teresa to visit Gabriel. If I didn't want Teresa visiting Gabriel then why would I repeatedly try to get in touch with her?

This also contradicts, yet again, Desiree's claims of me hiding Gabriel from her, and of her not knowing where we were. Lies, lies, lies! I don't think Desiree has ever made a true statement in her life.

And consider this, if you will, Desiree is saying that I went out of my way, to track down and get a message to Teresa, to give to Desiree, that Gabriel wanted to speak to her. That just doesn't sound very consistent with her incessant claims that I was trying to hide or keep Gabriel from her.

This also seems to be an inadvertent admission on Desiree's part that, in fact, I did not have her contact information. Desiree has repeatedly claimed that I had her contact information but she did not have mine. However, if I had her contact information then I wouldn't need to ask her mother to forward a message to her.

Um at this point I was, I, I was graduating in 2007. December of 2007 and Michael and I had already um, decided to move to Phoenix. Back to Phoenix. So I had a phone number that had a Phoenix area code. Um, already assigned to it. Was actually a fluke. But, um, and so I gave, ga-, I told him absolutely, you know give him my phone number. Of course I'll talk to my son. Um, so he called one night. Um, --

293.

Wilcott:

He's seven now, right?

294.

Capuano:

Yeah.

295.

Wilcott:

Okay.

Audio Clip:

Desiree talking with false sweetness about the time she spoke to Gabriel on the phone

I say Desiree is speaking with "false sweetness" because, if you know Desiree, you know that the only thing that matters to Desiree is Desiree. Again, there are over 600 emails from Desiree on the desireecapuano.com website, where she consistently speaks of Gabriel as though he's an object, a trophy to be won in her dispute against me. And, in those emails, you will also notice that, in Desiree's mind, everything exists only as it relates to her. She is a narcissist in the purest sense of the word.

296.

Capuano:

He's seven years old. And I spent about an hour on the phone with him. And uh, I asked him every single question I could think of. What's your favorite colour? Um, do you read (inaudible), what's your favorite, you know book, what's your, what's your favorite movie, what do you like doing? Um, you know where do you like to eat and where do you, you know, do you have friends? Ev-, everything.

297.

Wilcott:

Mm-hmm.

Audio Clip:

Desiree talking about me having a firearm, and falsely claiming I was "lining up bullets on the bar"

Again, here we see how Desiree talks complete bullshit like it's nothing at all. There is absolutely no way I could have been in a bar, with a firearm, "lining up bullets on the bar". It would have been illegal for the employees of the bar to all me to remain in the bar with a firearm. See the comments below.

Also, notice the tone in Desiree's voice when she says "gun", "firearm", and "bullets". Notice how she emphasizes those words. Such theatrics.

298.

Capuano:

At one point I ran out of questions and he's Mom ask me more. [chuckles] Uh, so uh we get to a point in the conversation where he says Mom, I'd really like for you to meet me at a park, tonight. And uh, I'm sorry. I, I always miss things. During the 2005 visit, Richard had a gun.

299.

Wilcott:

That's with Mom?

300.

Capuano:

Yeah.

301.

Wilcott:

Okay.

302.

Capuano:

Richard, Richard actually had a firearm.

Oh my God, no! Not a gun!

Get the pickel out of your ass, for Christ's sake. I've had guns most of my adult life. I got my first Beretta 92FS when I was 18, and I've owned at least one handgun almost every day of my life since then. When I was with Desiree, in 2000-2001, I had four or five handguns. While I was living in Arizona in 2006-2007, I had eight handguns, a rifle and a shotgun. I still own all of those. When I went to Canada and got a firearms license, I bought another four handguns and a rifle there.

Big fucking deal that I had "a" gun when Desiree's mother saw me in Phoenix. I wasn't exactly hiding it. It was in a Blackhawk Serpa holster, on my belt. It was plainly visible. And it was Arizona, so nobody gave a shit because in Arizona you're allowed to carry a firearm.

But, of course, again Desiree got the date wrong. It was in 2006-2007, not 2005. In 2005, I was still living in Los Angeles, working in Santa Monica.

Um, and one night at the bar, at Marcel's bar, Gabriel was actually in the car watching a movie on like a little portable player. Um and Richard was at the bar lining up bullets. Um, uh so I knew that he had a firearm and he was not lookin' so hot. According to my mother.

303.

Wilcott:

So the meeting took place in the ...

304.

Capuano:

Uh no just uh --

305.

Wilcott:

In a bar?

306.

Capuano:

-- they, my mom happened to go to the bar one night and he was there. And they were at a separate table. My mom was at a separate table with her husband and they looked over and saw him at a booth, lining up bullets. Um ...

307.

Wilcott:

So she saw the gun or the bullets?

308.

Capuano:

The bullets.

309.

Wilcott:

Not --

310.

Capuano:

Well and the gun on his holster, yeah.

311.

Wilcott:

Okay.

312.

Capuano:

Yeah.

313.

Wilcott:

So he had an open carry.

314.

Capuano:

Oh yeah.

315.

Wilcott:

Okay.

316.

Capuano:

Well not a licence but, --

317.

Wilcott:

Yeah.

318.

Capuano:

-- this state doesn't have one. So. Um but it was not registered. Um, and so when, couple years later when Gabriel tells me that he wants me to meet him in the middle of the night at a park. One, I was in Florida. And two, I probably wouldn't go, gone. Um, just because that's a very sketchy situation.

319.

Wilcott:

Mm-hmm.

Audio Clip:

Desiree talking complete nonsense about Gabriel asking her to meet him in a park in the middle of the night

320.

Capuano:

Um I told Gabriel that I couldn't meet him that night. Um, but I asked him, you know is everything okay? Is everything, you know, anything wrong? And I, no, nothing's wrong, I just really want you to, to meet me at this park. I um, and uh, s' well you know, and I can't but you know, Gramma's there. She's right there so if anything's wrong, you know, Gramma can get you and then I can be there tomorrow. You know, I'd figure out a way. Um, and he said no everything's fine. You know everything's fine, I just wanted to see you. Okay. Um, and uh, that was it. That was the phone call. Um, two days later I tried to call again and the number was disconnected. [shaky sigh] Uh and then that point, he was gone again.

321.

Wilcott:

You think moved out of Phoenix?

322.

Capuano:

I didn't know.

323.

Wilcott:

Okay.

324.

Capuano:

I didn't know at the time. I had no idea what was going on.

325.

Wilcott:

Sorry when was this around? This is?

326.

Capuano:

This is uh December of 2007.

327.

Wilcott:

Okay. 'Kay what happened next?

328.

Capuano:

'Kay. Um February of 2008 Michael and I and Sage moved to Arizona. We moved to Phoenix.

329.

Wilcott:

Mm-hmm.

Audio Clip:

Just a whole lot of lies, delusions, and bullshit (see the comments, inline)

330.

Capuano:

Um, I got a job with Apollo. 'Cause I graduated and so the degree got me a job. Um and, uh, we basically just kind of lived here. Um I, I always, I always kinda knew in the back of my head that if I moved back to Arizona I'd be able to find him. E-, at least it would be easier. You know at least I'd be there. So when he popped up again I'd, you know be there.

What total fucking gibberish! She goes on and on about how the only thing that mattered to her was finding Gabriel, but she openly admits that at various times she knew where we were, her mother had been to our apartment, Gabriel had spent the night at her mother's home, and she even spoke to Gabriel on the phone; and yet she keeps going on about her endless search for her son!

She didn't need to search for him or wait for him to "pop up", she could have done something any of those times that she knew where we were living, or when Gabriel was with her mother. Desiree chose, of her own free will, not to do anything, not to maintain contact, not to be part of Gabriel's life. She even openly admitted that in her letters to me in 2011 letter from Desiree, dated 2011-03-08.

Um in 2009, I don't remember when, I think it was early in the year, like spring time. Um, my mom's husband came home one day and he said I swear I saw Richard and Gabriel at a gas station, here in Phoenix. I, I just, I, I swear that I saw them. And so, um Michael and I decided to do a Google search for Richard. See, you know, just on the off chance what happened. Um and we found out that in 2007 he was actually arrested. By the Phoenix Police. Uh and then we read the story about how he um, had lied to the federal judge. And was awaiting terms on perjury. Um, and this was in 2009 that we found it so it had just happened. Um, and knowing that he was in Arizona, and I was in Arizona, um, I actually went down to the federal detention facility and saw him. And I demanded to know where Gabriel was. And he refused to tell me. All he would tell me is that Gabriel was in good hands.

This is true. She showed up at the detention center demanding I tell her where Gabriel was, and I refused to tell her because she would have shown up, out of the blue, grabbed Gabriel, and taken him by force, against his will, to go to another state and live with a bunch of people he had never seen before.

Some of you might be thinking: Rightly so, she's his mother. But he was eight years old, had never seen or met Desiree before. She was, for all intents and purposes, a total stranger to him. The fact that she gave birth to him (after trying to abort him and causing his premature birth and partial blindness, let's not forget), might be significant from her perspective, but from the perspective of an eight year old child, being forcefully ripped away from all the people he thought of as his "family", that would mean very little.

So yes, I did refuse to tell her where he was.

And I said if he's not with you and he's not with me, then how can he be in good hands? And, uh, he said well you're not much of a parent. Um, and the person that he's with is more of a parent than you are so, he's in better hands than he would be if he were with you. And I tried to get help, um, knowing that I'm sure Gabriel had gone to see him in jail. Um, they would have a record of the guardian, um that was with him and from there I might be able to find out where my son was. Um, and I contacted the federal uh people and I contacted the state people but nobody would work with me. Because, mm they told me that the issues with my son were state related. And then he was in jail for federal issues. And the feds wouldn't talk to the state and the state wouldn't talk to the feds and so neither one of 'em would do anything. Um, neither one had jurisdiction to do anything. Um and everybody just told me get a lawyer. Um and so I called a dozen different lawyers and I made too much money to get free help. But I didn't make enough money to pay for the lawyers that would help. They wanted like 4000 dollars as a retainer. And I just didn't have it. Um, and so I knew that Richard was in jail and that my son was alive, somewhere. But I didn't know where. And I couldn't get anybody to help me.

Holy fuck! All she had to do was contact the Torrance courthouse. If she really cared, at all, about our son, and if there was really any truth to what she is saying, all she had to do was make one phone call to the court. But in nine years, she never once called the court. As far as I'm concerned, that is all the proof that is required that she simply didn't care.

On 2011-11-08, in the Los Angeles family court, the judge asked her, if I really had absconded with our son and if she really didn't know where we were, why she didn't just contact the family court where we had an open custody case. Desiree claimed she didn't know she could have done that. The judge did not believe her. In nine years, with all of the advocacy groups she claimed to have contacted, not one person advised her to contact the court? She never once Googled what to do in such a situation?

Um, and so 2009, end of 2009 Michael and I separated. Um, it was my decision. Um and I just, it had nothing to do really with him. Um, it had more to do with the fact that I never lived on my own, and had my own place and made my own decisions and, followed my own rules and I really felt like I needed that. You know to find myself and be independent and be my own person.

This is pure insanity. Desiree is a textbook sociopath. In any relationship she is in she portrays herself as being under the control and influence of the other person. But in reality, she is manipulating the other person, exploiting their compassion, to get them to go along with whatever it is she wants.

For example, in this very interview, Desiree says that in 2000, we decided to move from Los Angeles to Phoenix when she was pregnant. But in fact, she made that decision, then guilted me into agreeing to go along with it ¶10. And, in this interview, Desiree says that when she got her associates degree in Florida she and Michael decided to move to Phoenix ¶292, however in a letter Desiree sent me in 2011, she said she "straight up told Michael [they] were moving. It was always [her] plan" letter from Desiree, dated 2011-03-08, page 2.

That is the reality of Desiree Capuano. She is always the one in control of whatever relationship she is in, but she will always portray it as though the other person was making the decisions, that she had no control over what was happening. A large part of the reason she lost interest in our marriage in 2001 is because I stopped letting her manipulate and control me. As soon as she realized she couldn't control me anymore, she decided it was time to move on.

And consider, the whole time Desiree was with Kristopher Lauchner, and I kept saying he was a dangerous meth user and I wasn't comfortable with him being around Gabriel during Gabriel's visitation with Desiree, she kept defending Lauchner and getting hostile with me. Then, the moment Lauchner was finally arrested for possession of meth and shoplifting an AR-15, she said "I trusted you and look where that got me. I trusted Michael - look where that got me. I trusted him and that was my 3rd and final mistake" email dated 2012-10-04. It's never Desiree's fault - always whatever man she happened to be with at that time.

Um and he respected that. And so we separated but it was, we never saw the inside of a courtroom during the divorce. Uh we agreed on everything. Um, and we're still very close to this day. Uh, very, very good friends. Um, 2010 I met Kristopher.

331.

Wilcott:

Sorry, uh at this point does Michael stay here?

332.

Capuano:

Yeah. He was still in Arizona.

333.

Wilcott:

Okay and Sage?

334.

Capuano:

Yeah.

335.

Wilcott:

Was with?

336.

Capuano:

Well we, we shared.

337.

Wilcott:

Okay.

338.

Capuano:

Um, I had him primarily.

339.

Wilcott:

Okay.

340.

Capuano:

I, I got primary physical custody. But we had joint legal. Meaning that I just had him at my residence most of the time. But Michael had a say in everything that happened.

341.

Wilcott:

Okay.

342.

Capuano:

Um and I never went after child support or anything like that. I knew that he would help wherever he could, so. Uh, 2010 Kristopher LAUCHNER.

343.

Wilcott:

Sorry Kristopher who?

344.

Capuano:

LAUCHNER, it's with a K. That was a guy I met and started dating. Uh, Kristopher LAUCHNER had a very, very sordid past legal-wise. Been in jail for long time. Many, many years. Uh, but he was really trying to walk the right path. He was a good person. Just messed up. Um, he was very close with his family, uh and uh had a lot of support from his family. Uh we, first year we dated was great. Was really great. Um, 2011, February 2011, I got a letter from Richard. From jail. And the letter basically said do you wanna know where you son is?

345.

Wilcott:

Is there more to it or?

346.

Capuano:

Uh yeah it was um, um, I uh, my time in jail maybe gave me some perspective, I realize that you should probably be in contact with you son. As long as that's what you want and that's what he wants and I can't make any decisions for him, but if you wanna know where he is then I'll reach out to him and, see if he wants to have communication, he, you know.

347.

Wilcott:

Opening up the channels almost.

348.

Capuano:

Ri-, yeah.

349.

Wilcott:

'Kay.

350.

Capuano:

Richard is very longwinded. I don't know if you could tell --

351.

Wilcott:

Yeah.

352.

Capuano:

-- or not? But nothing he writes is ever short. So yes it was a long letter but essentially that's what it is. It, it, um so I wrote him back and said absolutely. You know I wanna know where he is. Um, and I told him that I would totally respect, you know, everything that they wanna do. Um, move slow, you know make sure that he's comfortable. So he uh, Richard and I started correspondence back and forth. I sent him about five letters total. Uh he kept getting moved between Eloy and Florence which are two different detention facilities here in Arizona.

353.

Wilcott:

Mm-hmm.

354.

Capuano:

Um, so sometimes the letters didn't get to him until later. Whatever, but um, we sent pictures back and forth so that, you know Gabriel could see pictures of me and I could see pictures of him and, um, I uh, the first phone call, um I believe was in April. March, March or April of 2011. And I spoke with Gabriel on the phone. And it was uh, you know it was, it was kind of uncomfortable, it was awkward. Um ...

355.

Wilcott:

He's now 11.

356.

Capuano:

Yeah. Well 10, yeah.

357.

Wilcott:

10, yeah.

358.

Capuano:

Um, you know don't really know each other very well. You know, um, but we're kinda startin' to work through it. You know, couple phone calls. Um, talked a lot about video games. That seemed to be the focus of his entire world was video games. Um, --

359.

Wilcott:

Where was he at this point?

360.

Capuano:

At that, at that point I still didn't know.

361.

Wilcott:

Okay.

362.

Capuano:

Uh Richard wouldn't tell me who he was with. Or where he was.

363.

Wilcott:

And you didn't ask Gabriel?

364.

Capuano:

I didn't ask. Um, finally apparently Richard asked if it was okay to provide her information to me and she agreed. And so um I was told that he was with Liz. In Carson, California. Um... [shaky sigh] one of the agreements between Richard and I was that, uh Richard would let Gabriel move at his own pace and he would not interfere in the relationship between Gabriel and I, building a relationship between the two of us.

365.

Wilcott:

Okay.

366.

Capuano:

So. Um, and in return I would respect, you know Gabriel's feelings and wishes, and also Liz. You know and, and make sure I didn't move too fast.

Correct, and I never have.

When I applied for custody of Gabriel it was because that's what Gabriel told me he wanted. When I requested the visitation schedule I requested, it was becuase that's what Gabriel said he wanted. After being deported to Canada and losing custody of Gabriel, then applying to regain custody it was because ... why? Because that's what Gabriel told me he wanted.

Desiree, on the other hand, has never cared at all about what Gabriel wants. Her approach was to take him by force. And when that didn't work, her approach was to try to get me arrested and deported, so she could get custody by default. Gabriel has never stated to me or to Desiree that he wanted to live with her. He even told the court he wanted to live with me.

I've never discouraged or tried to prevent Gabriel from having free, unmonitored communication with Desiree. Desiree, on the other hand, has been caught recording and monitoring my phone calls with Gabriel. I've never refused to allow, or interfered with Gabriel visiting Desiree. Desiree, on the other hand, flatly refused to allow Gabriel to visit me, unless the court explicitly ordered her to.

Um, in June of 2011, uh I drove to California and I saw Gabriel for the first time in 10 years, 9 years. Um, we sat and talked for a long time. We hugged a lot. Um, I got there on a Friday night. We met at a Denny's. Uh, you know I had somethin' to drink, you know it was just an introductory meeting. Um, the next day Gabriel spent the whole day with me, um at the hotel. Uh we went swimming at the hotel pool and I realized that he didn't know how to swim. Um, and so we kind of worked on it a little bit, you know. Uh, [shaky sigh] uh then I asked him if he wanted to spend the night with us at the hotel. And he was absolutely adamant about it, he definitely wanted to stay. Um, but Liz came and she said that they already had plans to go to the movie. And that if Gabriel bowed out of it that he would be insulting her and her family, and lying to her. And that they'd already had the conversation and Richard said that he was not allowed to stay the night with me in the hotel room.

Yeah, that's right. Because I knew that Desiree is an evil sociopath and can't be trusted. I knew that it was very easy to be duped by her sweet, caring, kind facade, and that if she wanted something and she couldn't manipulate you into giving it to her then she would just take it. In other words, I knew if Gabriel spent the night with her she was probably going to disappear with him.

What's really funny about this is that Desiree has claimed, countless times, that she believes, given the opportunity, I would "disappear" with Gabriel again. First of all, what does she mean again? I've never disappeared with him before. She was the one that kept moving around and didn't bother to provide me her new contact information. And second, she has a clear, unquestionable, proven history of abducting Gabriel and running off to another state with him. I don't. But you see, it's like I keep saying: Whatever Desiree is accusing you of is likely exactly what she, herself, is doing.

And so Gabriel crying, left with her.

367.

Wilcott:

Oh.

368.

Capuano:

Um ...

369.

Wilcott:

Sorry you said us, stay with us at the hotel?

370.

Capuano:

Oh sorry I was with Kristopher.

371.

Wilcott:

You, Kristopher was with?

372.

Capuano:

And Sage actually.

373.

Wilcott:

Okay.

Audio Clip:

Desiree openly laughing about criminally stalking Liz and Gabriel

374.

Capuano:

Was all three, yeah was Kristopher, Sage and I. And the boys were jumping on the beds back and forth and having fun. Sage always knew that he had a brother but Gabe didn't. So. Um, we decided to actually, since she couldn't stop us, we went to the movie theatre. [chuckles] Where they were watching the movie. And uh, Gabriel actually chose to sit next to me and we held hands that entire movie.

Desiree is so delusional, she actually convinced herself this is because "her son" wanted to be with her. She doesn't realize that to him she and Sage were just something new. Later, Gabriel began to realize something wasn't right about Desiree's behavior and he started withdrawing from her. Of course, Desiree claimed it was because I and Liz were "poisoning his mind against her".

And according to Gabriel, the hand-holding was not something he wanted or chose to do. Desiree kept holding his hand. He would pull it away, using the excuse that he wanted to get some popcorn, but then she'd keep holding it again. He felt awkward and uncomfortable. But in Desiree's mind, she actually believes it was Gabriel that kept reaching for her hand. Kind of like the serial killer who locks up his victims in the basement, but sincerely believes they are they of their own free will because they love him.

Uh, --

375.

Wilcott:

What'd you see?

376.

Capuano:

I don't even remember.

377.

Wilcott:

Oh.

378.

Capuano:

I don't even remember. I was staring at him the whole time. I don't even know what movie it was. Um but he got me this little thing from one of the uh, restaurants that they went to, I still have it. He actually uh, you know pipe cleaners?

379.

Wilcott:

Mm-hmm.

380.

Capuano:

Okay so he made me little, two little figures.

381.

Wilcott:

Yeah.

382.

Capuano:

One blue, one green. They're still on the dashboard of my car.

No! They're not! Five minutes after she put them there they fell onto the floor of her car and got lost amongst all the other trash in her car.

How can I possibly know this, you ask? Because I know Desiree Capuano and people like her. Nothing means anything to her. Also, the visit she's talking about occurred in 2011; this interview took place in 2016; so she's claiming she's had those figures on her dashboard for the past five years. There's no way they would have stayed put while she's driving. Here's a picture of the dashboard of a 2009 Ford Focus, which is the car she had at the time (though the year might be different). As you see, there is no flat, level surface. Anything placed on that dashboard is going to fall off the moment you touch the accelerator. She's just so fucking full of shit!

383.

Wilcott:

Oh cool.

Audio Clip:

Desiree providing her delusional, fantasy recounting of me not allowing her to take Gabriel to San Diego for a week

Notice in this one block, Desiree appears to exhibit a spectrum of emotions:

First, when talking about going to LA for the second visit, she's all sweetness and joy;
Then, when talking about discussing me being in custody and possibly being deported, she's all caring and compassion;
She then talks about planning the trip to San Diego for a week and Gabriel going with her, during which she's happiness and elation again;
And then, finally, the exact moment she begins talking about me telling Gabriel I don't think it's a good idea for him to go on the trip to San Diego, she's immediately anger and hostility.

You know who can switch from one extreme to the other and back, so quickly and easily? A sociopath ... or a liar/faker.

There is never any sincerity in any emotion Desiree appears to be exhibiting or experiencing. She is simply incapable of experiencing any emotion. Oh, she's incredibly good at mimicking them. She's very convincing. But it is all just an act.

384.

Capuano:

Yeah, so. Um, then Sunday we met up again and we left, we drove back to Phoenix. Um, went out again for a second trip in June. Um this time uh we left Sage with my mom. And uh, Kristopher and I went out um, and it was really fun, and we had a great time. Uh he was able, he was allowed to stay at the hotel with me that night. And he and I had a really long conversation and I told him that um, with his dad being in jail and facing deportation, that I'm tryin' to figure out legally what the best thing to do is. Because, the court order is joint custody between him and I. Um but it's based out of California. And his dad being in Arizona and me being in Arizona, we have to move the case, right? But if his dad is deported, then he can't have that joint legal custody in the United States and so, um, I was, you know, talking to, to Gabe about, you know what we're doing, and um, and my plans and everything. And I also told him that we were going to San Diego on a family vacation in July. And I asked him if he wanted to come. And he, yes, absolutely he wanted to go with us. And so we started planning out how we were gonna go get him for this trip to San Diego. Um, so all through July, uh we're making the arrangements and uh, the plan was that we were gonna drive out to California, Los Angeles, pick him up from Liz's house and drive down to San Diego. Um, the week of the trip Liz called me, she asked me if he needed to bring a pillow, blankets, you know what he needed to bring, just to make sure, she's like he's super excited, this is really great, everything's wonderful. Uh we were supposed to leave Friday night. Um, that Thursday, Gabe called me and he said I've changed my mind. And I think a week is too long to be with you. You're still a stranger to me, and I don't know you. And I don't think it's appropriate.

And that is an entirely reasonable reaction under the circumstances. Someone you just met a few months ago, you have no history with, essentially a total stranger, says "Hey, I want to take your eight your old child out of town for a week."

On 2011-06-20, Desiree sent me a letter, essentially admitting that everything she had said up to that point was just to gain my trust, and that her intention all along was to take Gabriel to Phoenix to live with her letter from Desiree, dated 2011-06-20. I honestly don't see how she could think that after reading that letter I would be amenable to Gabriel going out of town with her for a week. That letter also further shows Desiree's incredibly delusional beliefs. She actually stated that "of the two of us [she] is the one that has a better track record of remaining fair to both parents", and "I know the pain that comes from trusting you".

Even aside from the possibility that she may have been scheming something, like disappearing with Gabriel, what if he were to go on the trip and find out that she's actually not at all like she presented herself on those two brief visits? And, in fact, she's not like she presented herself on those two visits. She throws tantrums when she doesn't get her way; she throws dishes; she hits and shakes her children when they do anything that upsets her (and I'm not talking about them misbehaving, I'm talking about, for example, if they appear to have no interest in whatever she's talking about). Then Gabriel would have been stuck with her, completely under her control, for the entire week.

And I was like well, I'm willing to bet you talked to your dad. And he said yeah, I got off the phone with my dad and my dad said that he could not approve of this trip. And so I'm not allowed to go. Uh and I said well, that's not really your dad's decision, it's your decision, about what you wanna do.

I did tell Gabriel that I could not approve of the trip, and I told him why. I told him I was concerned that Desiree might be scheming something nefarious with this trip like, perhaps, taking him and not returning him. I told him part of the basis for my concern was that she didn't mention anything to me about this trip. It seemed to me she was trying to arrange it without my knowledge. I also told him it's ultimately his decision, that I won't and can't (I was in custody 450 miles away) stop him from going. But I pointed out that if Desiree was planning something underhanded then once she takes him there would be nothing that I or anyone else could do to help him.

And based on that conversation, Gabriel made the decision not to go.

But notice how Desiree is talking about this being Gabriel's decision, not mine. All of a sudden, she's concerned about what Gabriel wants? Look at her emails add reference to emails. She has repeatedly and consistently stated that she is the parent and she will make Gabriel's decisions, not Gabriel. For example, she didn't let Gabriel decide which parent he would live with. Desiree generally believes it is Gabriel's decision to make only when his decision also happens to be what she wants. Fuck, she's a horrible person.

And, um, I told him I didn't believe that this was his decision. I don't believe that that was his, what he really wanted. That I think that he really wanted to go. But he felt like he couldn't.

This is poppycock! I was in custody, 450 miles away. I had no ability to stop either Gabriel or Desiree from doing whatever they wanted to do.

More likely, what happened was Gabriel realized what I had told him on the phone sounded completely rational and he simply hadn't thought of the possibility that Desiree might have been planning something like absconding with him. The most significant points were:

a) the fact that Desiree had withheld the trip from me. Why would she do that unless it's because she was planning something inappropriate and she knew I might be suspicious?; and
b) her letter to me, dated 2011-06-20, where she admitted everything she'd said up to that point was just to manipulate me into trusting her. And that her intention all along was to take Gabriel to Arizona.

You will notice, though, from Desiree's emails, that whenever anyone disagrees with her or agrees with me, she assumes it's because I've "brainwashed" them. Again, accusing me of what she does.

And uh he started crying. And at that point Liz got on the phone with me and she said that she didn't approve of the way that I was speaking to Gabriel. And that she would be forbidding any additional phone calls.

The way the incident was described to me by Liz and Gabriel was that when Gabriel told Desiree he didn't think it would be appropriate for him to go away to another city for an entire week at that time, she became hysterical, she was yelling at him, accusing him of ruining Sage's birthday, trying to make him feel bad, and actually being insulting to Gabriel (though, I'm not sure of the specifics of "being insulting"). That behavior would be completely consistent with my own experiences with Desiree when she doesn't get her way, so I found Liz's and Gabriel's recounting of the events to be credible.

If what Gabriel and Liz told me was true, and I believe it was, then I believe Liz was completely correct in telling Desiree she didn't approve of how Desiree was talking to Gabriel. If it were me, instead of Liz, I would not have been anywhere near that diplomatic with someone who treated Gabriel that way.

Um and since the trip was right around the corner, she was going to be taking Gabriel to an undisclosed location. So that I wouldn't be able to pick him.

Liz told me, before she spoke to Desiree, that she was considering doing that and I told her I thought it was a good idea. I knew that when Desiree didn't get her way she was capable of horrendous, despicable things and I didn't doubt for one second that she might show up out of the blue and abduct Gabriel, or even snatch him from his school.

By this point, I realized it was a horrible mistake, on my part, to get in contact with Desiree. I realized, just like the time she told me her father made her have an abortion, only to later find out she'd never even been pregnant before; everything she had said in her letters over the past few months was only to gain my trust so she could slither in and snatch Gabriel when I wasn't looking. This is not an embellishment, she really is that vile. And notice how, in her mind, she doesn't believe she has done a single thing wrong.

So we went on the trip without him. Um but on the way back I contacted my attorneys, in Phoenix and I asked 'em what to do. And they said well, uh take a copy of the court order. Go to California and get your son. That's, you're the one that has the legal right to have him. Um and I couldn't abide by anybody telling me that I couldn't have my son again. I had been trying really hard to make sure everybody was happy and, at every turn, I just kept getting denied. So um, Kristopher and I drove out, and called the police. Uh

385.

Wilcott:

When was this, sorry?

Audio Clip:

More of Desiree's delusional, twisted perception of reality - she really sees absolutely nothing wrong with what she did, abducting Gabriel!

386.

Capuano:

Uh this was July. [long sigh] Uh August, sorry August of 2011. Um, Richard kept saying that he was gonna be released from custody and that he was gonna be allowed to live in the United States again. And so it was just a short time until he was gonna be in California with Gabriel. Um, I didn't know how he planned on making that work. But, yeah I don't know the law so whatever. Um, [shaky sigh] so August uh, it's like the first week of August. Um, drove out. He was not, him and Liz were not at her house. Um so called the police and I told them that I was there to pick up my son. Um she called, the, the police officers came, uh two, two police officers, a lady and a gentleman. And the lady called Liz and said that she needed to show up with Gabriel. And so Liz showed up with Gabriel and her sister and her brother-in-law and her cousins and a whole host of people. That were all part of Liz's family. And, uh Liz and the lady officer uh talked for about a half an hour. Um and when they were done, the lady officer came to me and she said I think you're a total piece of shit. Um, verbatim. Swore at me. Ridiculed me. Called me names. Um, told me I had no right to be there. And that the best course of action for me would just be to return to Phoenix and start giving Liz money. To raise Gabriel.

This is very similar to how Gabriel and Liz described the events to me, except that in their version the female officer was not that blunt with Desiree. I'm inclined to believe Desiree is skewing the officer's words a bit here.

Nevertheless, even if the officer did act exactly as Desiree describes here, I would completely agree with everything the officer said. Biological mother or not, the fact is she abandoned her son in Phoenix and ran off to Florida to be with her ex-boyfriend; then she voluntarily, of her own free will, chose to have no involvement in Gabriel's life for nine years. Then she shows up out of the blue demanding to take Gabriel back to Arizona with her. That's not a mother - that's a monster! As far as I'm concerned, parents who behave that way should be publicly flogged.

Um, then she said that uh, because Richard had taken Gabriel out of the State of California she had to allow Gabriel to go with me. But, um I was not allowed to take him until she returned, and then she left. And so I sat at Liz's house for three or four hours. Um and she never came back. And so I called the police department again. And I told, I was so mad. Um I told 'em they didn't fix it I would get her badge number. 'Cause it was completely inappropriate. Um, and so they had another police officer show up. He looked at the documentation, when he showed up she ran right over to him, to try to talk to him and he didn't talk to her. Um, and he looked at the documentation. Uh and then he took Gabriel aside. And he said that Gabriel had to go with me but that he shouldn't be scared. There's no reason to be scared. You know? Um, to look at it like an adventure. You know? And maybe it could be fun. Um, and at that point Gabriel stopped crying. Um, and while we were getting his things, Liz and her family uh, were saying very mean things to me the entire time. Uh until we got in the car and we drove away. Um, uh Gabriel started school right away. Um him and his brother shared a room. Uh,

387.

Wilcott:

In Phoenix?

388.

Capuano:

Yeah. Started acclimating. [long sigh] Uh, an aspect of the story, and the reason I bring up the ex-boyfriend Kris, is because during all of this, Kris started to return to previous behaviors. And so um he was off doing things that were not good.

389.

Wilcott:

Like crime?

390.

Capuano:

Yeah. And drugs. Um, I was very [long sigh] ...

391.

Wilcott:

Did you guys live together at that time?

392.

Capuano:

Yeah.

393.

Wilcott:

Okay.

394.

Capuano:

Yeah and he would just be gone. For hours and hours or days. Just gone. Um, and uh I was uh, I probably shoulda just broken up with him at that point. I know that. Um, but I was --

And through all of that I kept telling Desiree he's a bad guy and I'm not comfortable with him being around Gabriel, I definitely did not want him taking care of Gabriel. And her response was always belligerence and to defend him email dated 2012-02-20. There are police reports that show she knew what Lauchner was doing. On one occasion, Lauchner was arrested while he was looking after Gabriel and Sage, and Desiree had to leave work to go to the scene to pick up the kids Scottsdale Police report, pages 8-9; another time Lauchner was caught shoplifting and he and the police called Desiree to confirm Lauchner's story Peoria Police report, page 5. Notice, those events occurred in November and December 2011. And Desiree continued to defend Lauchner until the police executed a search warrant on her home and found meth and a stolen AR-15, in October 2012 Glendale Police report.

So Desiree was well aware of what Lauchner was up to, but still she vehemently defended him and allowed him to look after Gabriel and Sage while she was away.

Audio Clip:

Desiree switching from laughing to crying within seconds

This clip is not for the content of what Desiree is saying, but to show how she can go from laughing to crying, on demand, literally within a few seconds of each other. There will be a lot more of this as the interview progresses.

This shows that she's either lying/faking ... or she's a sociopath ... or she's insane. Take your pick.

395.

Wilcott:

Hindsight's 20/20.

396.

Capuano:

Yeah, it is. Um and, and having to deal with Richard and, and just finding Gabe and working full time. Raising kids. You know, was a little occupied.

This is precious. She had to "deal with me"? She's the one that inserted herself into my life and started causing drama. I was only responding to what she was doing to me and Gabriel. It would be like if she broke into someone's house in the middle of the night and the resident attacked her in the course of defending his home, and then she whines that she's being attacked for no reason. Are you starting to see how fucked up her head is?

And this nonsense about "just finding Gabriel"? She's already admitted she knew where we were at various times, and she was even in contact with us. Moreover, she didn't find Gabriel, I found her. I was the one that tracked her down and initiated contact. She wasn't even looking for us.

And raising kids? She chose to have two kids. She chose to go to Los Angeles and abduct Gabriel and bring him to Arizona. Every negative thing that was going on in Desiree's life was the direct result of her own deliberate actions.

397.

Wilcott:

Mm-hmm.

398.

Capuano:

So. Um, Richard got out in September of, or end of Aug-, August, beginning of September of 2011. He was deported. Uh taken to the border. He crossed over into Vancouver and was there for a total of three days. Um, at which point he turned around, entered the country again and moved in with Liz.

399.

Wilcott:

How'd he do that?

400.

Capuano:

How? I don't know how.

401.

Wilcott:

Think he did it legally?

402.

Capuano:

Uh no. No I'm pretty sure it wasn't legally. He, he was officially deported. [chuckles] He was removed.

403.

Wilcott:

'Kay.

404.

Capuano:

Um, [long sigh] he filed a document with the court in Compton. Called a U-C-C-J-E-A. I was in the process of having the court case moved over from California to Arizona. The custody case.

Desiree is an idiot. The UCCJEA is an Act, not something you file. It's the Uniform Child Custody Jurisdiction and Enforcement Act. It was created to prevent exactly what Desiree tried to do - one parent snatching the child from the state the child had been living in for an extended period of time, taking them to another state and trying to get custody of them in that other state.

What I filed was an Order to Show Cause, to determine jurisdiction under the UCCJEA Order to Show Cause, re jurisdiction. Specifically, what I was requesting was the California and Arizona family courts confer to determine which court would have jurisdiction under the UCCJEA, which is exactly the correct procedure under the UCCJEA. Of course, I already knew it would be determined that California would have jurisdiction because Gabriel had been residing in California, continuously, for more than the past six months.

405.

Wilcott:

Mm-hmm.

406.

Capuano:

Um, but he filed this U-C-C-J-E-A and it basically said that the home state of the child was California. And the judge in California and the judge in Arizona talked and between the two of them, agreed. [chuckles] And, judge made me return Gabriel to him.

407.

Wilcott:

Even though he was born, child was born in Arizona.

408.

Capuano:

Correct. Yeah. And then he was in California with somebody that was not supposed to have him. She was not a guardian. Uh he never even signed over guardianship to her. Um, but they confirmed the U-C-C-J-E-A and I was required to return Gabriel to him.

409.

Wilcott:

And when was that?

410.

Capuano:

That was November of 2011.

411.

Wilcott:

That's when you had to bring him back?

412.

Capuano:

Yeah.

413.

Wilcott:

Okay.

414.

Capuano:

Um, I actually had family that had never met Gabriel coming for Thanksgiving. And uh, I had to give him back a week before. So. Like my grandparents. Yeah. Um, and that's really when [long sigh] Richard started the campaign of, what I would consider harassment.

415.

Wilcott:

Mm-hmm.

416.

Capuano:

Maybe not legally. But to me that's when it started. Um, that's when he started monitoring all of my public records. When he started obtaining copies of depositions, he started investigating Kristopher. Um he filed a motion of the court to have all custody removed because of Kristopher's criminal record. Um, past criminal record. Um, monitoring all police reports. Um and emailing me, constantly. Um I had an attorney at the time handling the case and he would call and talk to the attorney. So often that I, I ended up having like the 10,000 dollar bill. Because of his communication with my attorney. Um, and all of it was geared toward I'm ignorant, I'm stupid, I don't know the law and he's going to do everything. He's just gonna, you know, handle it all.

Seriously man, where does she come up with this nonsense. 99.9% of our communication was done by email - again, because I wanted to make sure there would be a written record of everything that was said. There's simply no emails to support what she's saying here.

I just did a keyword search of all the emails between Desiree and I mail page of the Desiree Capuano website, and here's what I found:

And those are all of the occurrences of the word "ignorant" in all of the emails between Desiree and I.

As for occurrences of the word "stupid":

On 2012-02-22, I sent Desiree and email, wherein I said "...I am not insulted, offended, or otherwise "hurt" by your stupid and childish comments on the telephone about me "not being an American..." email dated 2012-02-22. But this is not me saying Desiree is stupid, it's me saying Desiree's pathetic attempt to insult me is stupid.
On 2012-04-15, I sent Desiree an email, wherein I said, "Ah, forget it, I'm tired of having to teach you the law. All of these stupid games you're playing are going to show the court..." and "...I'm fed up with trying to be reasonable then having to deal with this kind of stupidity..." email dated 2012-04-15. But again, I'm referring to her behavior, not her intellect (or lack thereof). And the games she was playing (e.g. refusing to contribute to some of Gabriel's necessities) were actually very stupid because they were hurting Gabriel, not me. In that same email I did also say "You're such a fucking idiot." But then I immediately followed that with "Oh, I'm sorry - that's my opinion." I am entitled to my opinion.
On 2012-05-08, Desiree sent me an email, wherein she said "Since you have stupidly put us in this steep financial burden..." email dated 2012-05-08. That's Desiree blaming me for something I could not, possibly, have been responsible for.

Anyway, this can go on and on and on, but by now you should get the gist. Generally, the only times I was insulting to Desiree was when she was insulting to me first, and I was only responding in kind. But, of course, in her delusional, sociopathic, narcissistic mind, she really believes I was always the one starting the arguments and the insults. Go ahead, look through the emails on the Desiree Capuano website and see for yourself who started almost every one of these arguments and insults.

Um, took me back to court many times, to change custody.

False! Prior to being deported and losing custody as a result of being deported, I never applied to change the custody order. And only twice did I apply to change the visitation order:

In February 2012, when I found out about Desiree's ongoing durg use and Lauchner's ongoing criminal activity. And at that time I did not seek to cancel her visitation, I was only seeking an order that she not possess or use illegal drugs when Gabriel was with her, and that Lauchner not be within 100 meters of Gabriel.
In November 2012, after I found out about the search warrant being executed on her home and the police finding meth and a stolen AR-15 in the home. And again, at that time I did not seek to cancel her visitation, I only requested the visitation be supervised temporarily, until the full hearing four months from that time. My decision was based on the extremely poor judgment Desiree had demonstrated, allowing Lauchner to keep meth and stolen guns in the home. I believe I was entirely justified.

After I was deported to Canada and lost custody of Gabriel as a result of that, I then applied to regain custody because that's what Gabriel told me he wanted. He would rather live in Canada with me, than in the US with Desiree.

Go after child support.

Yes, I was seeking a child support order. Because I had just been released from DHS custody, was broke, had no income, and was having difficulty finding a job in Los Angeles at the time. And, because for the past nine years, Desiree hadn't contributed a thing to Gabriel.

Desiree fought the child support, and continued to contribute anything to Gabriel while he was in my care. She would buy him things when he went to visit her, but she made him leave those things at her home in Phoenix. At one point, Gabriel had worn through his shoes and Desiree refused to even contribute $10 toward a new pair of shoes for him. And yet, she has the audacity to insist she's a wonderful mother!

Desiree never had any problems with harming Gabriel just to spite me.

Then, after I was deported to Canada and lost custody of Gabriel, and Gabriel had to go live with Desiree, I soon after got employment as a senior software engineer, and promptly provided Gabriel a credit card to cover any necessary expenses (clothing, medical, education, et cetera), and began depositing $125 a week into his bank account for his own personal use. I did not need to be ordered by the court, and Desiree did not need to ask for it. It's just what a good, responsible, caring parent does. When he came to visit and I bought him things, he brought those things back to Arizona with him, so he could enjoy them there as well.

Desiree is just a horrible, despicable, cunt of a woman, and the worst possible mother a person can have.

And consider, if Desiree hadn't forced herself into our lives, and abducted Gabriel to Arizona, and told a bunch of lies in the family court about me hiding him from her for nine years, then none of this would have happened. There wouldn't have been any family court proceedings. Desiree started all of this by abducting Gabriel then illegally filing for custody and child support in Arizona in 2011. As always, I was merely reacting to what she had done.

Um, and I, it's all, it was all in Compton so I would have to drive out for every court hearing.

But again, the court proceedings were started by Desiree, when she abducted Gabriel to Arizona and applied for emergency custody based on the lie that I had been hiding him from her for nine years. Arizona didn't even have jurisdiction because California was Gabriel's home state under the UCCJEA. When I applied to the California court to make the jurisdiction determination I was only doing exactly what the law required. It was Desiree who tried to go around the law.

This is labelled as "psycho" because it shows how Desiree believes that she should not have to follow the rules but everyone else absolutely must follow them. And it shows how, even when something is clearly, unquestionably her own fault, she will still play the victim and blame others for the problems she, and she alone, created.

Um I had, I talked to Gabriel and Gabriel said that he wanted to live with his dad but he wanted to be with me for visits. And so the first hearing that we went to court, we both agreed that Richard would have primary physical custody. We would have joint legal custody. And I would have visitation.

Desiree says "we agreed I would have primary physical custody, she would have visitation, and we'd share legal custody, because that's what Gabriel told her he wanted."

She's completely full of shit! It had nothing to do with what Gabriel wanted. It had to do with the California court being very upset with her for abducting Gabriel and bringing him to Arizona and she knew the court was unlikely to give her anything. This is further proven by the fact that when I was deported to Canada, Desiree refused to allow Gabriel to visit me until the court ordered her to. And then, in 2015, when she realized she was no longer required under court order, to allow visitation, she immediately stopped allowing Gabriel to visit me.

And, in September 2011, while Desiree was holding Gabriel in Arizona, me, Gabriel and Desiree had a conference call, where Gabriel told her he wanted to live with me and visit her during his school breaks. Being on the spot, Desiree agreed. Then, the next morning, she called her attorney and tried to get an order of protection prohibiting me from having any contact with Gabriel Application for Order of Protection, dated 2011-09-16. That application was denied. But this shows that when Desiree agrees to something it means nothing. She'll say whatever she needs to at the moment, all the while trying to figure out how to get out of it.

And I knew that Richard didn't have a job and I knew that Liz, you know, didn't have a lotta money. So I paid for school supplies, I paid for school clothes, I paid for all visitation.

School Supplies

I emailed her about contributing to the cost of school supplies. She said, don't worry about it, she'll get them emails dated 2012-06-29. I told her her history of being unreliable and not keeping her promises is too negative, and that I could not wait until the last minute only to find out she never got around to it. I told her I would get them, but I would like her to help out with the cost emails dated 2012-06-29. She refused and insisted she would get them emails dated 2012-06-29; 2012-06-29. A week went by and I didn't hear anything further from Desiree on the school supplies, so I obtained them myself on 2012-07-06. On 2012-07-07, I spoke with Gabriel on the telephone and informed him I'd gotten all his school supplies. Upon Gabriel informing her I'd already gotten his school supplies, Desiree took him to get another set of supplies on 2012-07-07. She then emailed me, falsely claiming she had purchased them on 2012-07-05 (the day before I had purchased them). I asked her to provide receipts to prove that. She refused. I persisted emails dated 2012-07-08. Finally, on 2012-07-09, Desiree took pictures of some receipts but was careful not to include the part of the receipt where it shows the date and time of the transaction emails dated 2012-07-09 email 1; email 2. On 2012-07-09, I spoke with Gabriel on the phone and he informed me Desiree had taken him shopping for the school supplies on Saturday, that is, 2012-07-07 (the day after Gabriel told her I had already gotten all his school supplies).

School Clothes

I informed Desiree that the school Gabriel would be attending had a dress code and uniform requirements email dated 2012-07-09. So she purchased him clothes which didn't comply with the dress code email dated 2012-08-08. He couldn't use them for school. When I complained to her about this, she said I could bring them to the store and exchange them. I told her I don't have the receipts - she does. She did not respond emails dated 2012-08-08.

In winter 2013, when the court ordered Desiree to allow Gabriel to visit me in Vancouver, she sent him with a old, worn out pair of shoes, even though he had new, perfectly good shoes in Phoenix. She did this just to spite me so I would have to buy him new shoes. So, to spite her back, I bought him a pair of Jordans ($130) and a pair of Doc Martens ($170). She's such a vile human being.

Visitation

She was the visiting parent. The visiting parent always covers the costs related to visitation. That's just the way it is and always has been.

But again, we see how Desiree believes that everything she does is good and righteous, that in her mind she's the perpetual martyr, always sacrificing herself for others. Even when she's just being vindictive to upset the other person.

I had the medical insurance, took Gabriel to get the glasses. I handled all of that. Um, but Richard would send me emails and tell me that I should probably just start giving him 700 dollars a month. Otherwise the court would be very mad at me if I didn't. Um, and would, would demand money.

This is all false!

What I told her was that in California, the amount a parent will be required to pay in child support is determined, statutorily, based on the incomes of the respective parents. The judge has no control or influence over the amount. And, based on her income of $58,000 a year and my income of $0 a year, the California Child Support Guideline Calculator determined Desiree's monthly child support obligation would be a little over $700 a month add references to emails.

But rather than going to the Child Support Calculator website herself, Desiree would rather ignore reality and insist that that is a number I made up and that I was demanding it from her.

Moreover, I never once suggested she should give me any money. The money was for Gabriel, not for me add references to emails. I was perfectly content with her putting the money into Gabriel's bank account, or providing him a credit card which we could use. The only times I requested she provide money to me specifically, is when I had already payed out some amount and I was requesting she reimburse me (e.g. for a hospital visit).

And I did, repeatedly, point out to Desiree that it would not look good to the court that's she's adamantly refusing to contribute to Gabriel's welfare when he's not in her care add references to emails.

Desiree certainly has a very fucked up way of seeing things.

Um, uh every visitation he would, he would mess with it. He would change plane ticket flights um, uh change his mind at the last minute. I would have to drive overnight to go get Gabriel if I wanted to have him at all. Um, uh, one time he sent him literally with the clothes that he was wearing, a video game controller and um a box of Jewish crackers. That was it. For an entire week. And that's what he sent him with.

Yes, because that's exactly what Desiree told me to do! She explicitly stated that she will have everything there, that he will need during his visits, including clothes emails dated 2012-01-16; 2012-03-30.

This is labelled as 'psycho' because it shows how Desiree tells a person to do something, and then when they do it she gets made and accuses them of misconduct. And this is why I insisted on all of my communication with Desiree being by email, rather than verbal.

By "Jewish crackers" she means matzos. God, she's an ignorant redneck. The visit she's referring to happened to coincide with Passover (during which, for 8 days, Jews are prohibited from eating anything with leaven, such as bread). So what does Desiree do upon Gabriel's arrival? She orders pizza - during Passover. While, at the same time, insisting she's respecting our religious beliefs.

Um, he also apparently became Jewish at some point. And so um, uh...

Audio Clip:

Desiree demonstrating her amazing stupidity

417.

Wilcott:

Richard became Jewish?

418.

Capuano:

Yeah. Yeah and so um, in, you know September of 2011, apparently Gabriel became Jewish also. Because you can just do that. You know Judaism's like that, could just be like hey ...

419.

Wilcott:

Welcome to the ...

420.

Capuano:

Yeah welcome to the club.

Did I mention Desiree is an ignorant fool? Comments like this can leave little room for doubt, if you weren't already convinced.

Since Judaism is a religion, not a race (Hebrew would be the race ignorant people usually mean when they think of Jews as a race), then yeah, anyone can, at any time convert. Under rabbinic law, a child born to a Jewish mother is automatically recognized as being Jewish, however in the Torah, an offspring's Jewishness was determined by the father, not the mother. I, for one, believe God's laws have precedence over rabbinic laws. But that's just me.

And as for Gabriel becoming Jewish in September 2011, Desiree's just talking stupidity again. Gabriel didn't become Jewish, he just chose, around that time, to start learning more about it and eventually decided for himself what he was going to believe and observe.

421.

Wilcott:

Okay.

Audio Clip:

Desiree laughing loudly about me knowing about her legal proceedings before she did

Before she starts laughing hysterically about me knowing about her legal proceedings, you can notice a definite hostility in her tone when she's talking about me. She clearly does not like me very much.

422.

Capuano:

Right? Um and so Gabriel would come to me and he'd be like, I can't eat that food. I can't do those things. You know, very adamant about the fact that he's, he's Jewish. You know. Um even though bacon is his favorite thing in the whole world. Um, anyway. [long sigh] Uh, so 2012 was basically that, it was Kristopher getting into trouble. Um me having to appear in court in Compton because Richard filed yet another motion

Sure, because I'd find out about even more drug use and criminal activity going on in Desiree's home.

And let's not forget, we're actually only talking about two court appearances. One in February 2012, when I first found out about her ongoing drug use and Lauchner's ongoing criminal activities; and in November 2012, when I found out about the police search of her home and them finding meth and a stolen assault rifle hidden in her home.

Also, I would like to point out that in October 2012, when I found out about the search warrant, I informed her I would be requesting a hearing. And I then repeatedly delayed filing for the hearing, in order to accommodate her schedule emails dated 2012-11-18; 2012-11-19; 2012-11-21; 2012-11-26.

The hearing I requested on 2012-11-28 was also for the court's permission to take Gabriel out of California, because Desiree was opposing that, even though she refused to provide any basis for that opposition.

and dealing with the emails. Um, there were times where like, um, the court would have proceeding, there would be legal proceedings and I wouldn't even know about them until Richard would tell me about them. Like he would know about them before I would. And they were mine. You know so. Um, [laughing loudly] like at that point I was just like, I'll just wait for him to tell me when things happen 'cause he'll know fir-, you know. Um that was basically my life.

423.

Wilcott:

And he had to give you no-, some notice before the hearing there.

424.

Capuano:

Yeah not even. Now this was like criminal matters that didn't even involved him.

425.

Wilcott:

Okay.

426.

Capuano:

But he was monitoring things so closely that as soon as they happened he knew and he would tell me about them.

427.

Wilcott:

Oh sorry what was happening ...

428.

Capuano:

Yeah with Kristopher.

429.

Wilcott:

With Kristopher, okay.

430.

Capuano:

Or um I was arrested um in September of 2011.

431.

Wilcott:

Mm-hmm.

432.

Capuano:

And so he was monitoring the progress of that. Um he got the --

433.

Wilcott:

Sorry you?

434.

Capuano:

I was.

435.

Wilcott:

Okay.

436.

Capuano:

Yeah. Um the charges were dropped.

It's misleading to say the charges were "dropped". Desiree accepted deferred prosecution, under Arizona's Prop 200 (deferred prosecution for first time minor drug possession offenses). One of the requirements of Prop 200 is that you have to admit to guilt of the offense. Another requirement is that you have to admit to having a drug problem. The admission of having a drug problem is implicit anyway, since the purpose of Prop 200 was to help people with drug problems, rather than punishing them.

So, Desiree not being convicted of this charge was not because she was not guilty (in fact, by accepting Prop 200, she was admitting to being guilty). The charge was ultimately dismissed on motion of the prosection because Desiree completed the drug treatment program - not because there was a lack of evidence of guilt, or because she was acquitted.

But, in fact, Desiree actually bragged to me that she was able to continue using marijuana while participating in the drug treatment program email dated 2012-11-19.

437.

Wilcott:

Okay.

Audio Clip:

Desiree talking about how she "won" in family court, and laughing openly about not having to pay child support

As you can see (or hear, anyway) Desiree finds it uproariously funny that Gabriel had to wear shoes to school, which were falling apart, while she was making $60,000 a year. But as she keeps insisting: she is a wonderful mother.

438.

Capuano:

But um, he got the, you know, the recording with the police, he got the police report, you know. Got copies of all of that 'cause, um, and then of course that was all submitted to the judge as a reason why all visitation and custody should be removed.

This is highlighted as lies because I never applied to the court to have her visitation removed.

The first time, in February 2012, I was requesting that she be ordered to not possess or use illegal drugs when Gabriel is in her care Order to Show Cause, 2012-02-14.

And the second time. Desiree didn't even bother appearing for that hearing. And in September 2012, I was requesting that her unsupervised visitation be suspended temporarily, until the next scheduled hearing, due to the meth and stolen AR-15 being found by the police, in her home Order to Show Cause, 2012-11-27. The next scheduled hearing was four months away.

And those were the only times I sought to change the custody or visitation order prior to me being deported and losing custody of Gabriel.

Um, and every single time we went to court um, I just asked for things to remain the same. That's all I ever asked for. He can have primary physical, we'll have legal, I have visitation. That's it. Just don't change it. And um, in that essence I won. Um, I was able to defend myself in each of these court proceedings. Um, and the judge, Commissioner LOWRY, um, kept postponing the child support hearing. [laughing loudly] We're just not gonna do that one yet. And so that was just never determined. Um ...

Audio Clip:

Desiree continuing to laugh about not having to provide financial support to Gabriel

439.

Wilcott:

That was Richard asking for the 700 bucks.

440.

Capuano:

Yes.

441.

Wilcott:

Okay.

442.

Capuano:

Well Richard asking for child support.

443.

Wilcott:

Okay.

444.

Capuano:

Yeah. Constantly. The whole time. Um, so, [long sigh] October, 2012 Kristopher got arrested. Big bad charges. Um, police came to my house, they raided it. Turned the whole house upside down. Found all kinds of stuff that he'd stashed in the house. And he went away. Um, Richard filed all of this with the judge and he call CPS on me. CPS came out, checked out the house. Um ...

445.

Wilcott:

CPS the

446.

Capuano:

Child

447.

Wilcott:

Child Protection Services?

448.

Capuano:

Mm-hmm.

449.

Wilcott:

Okay.

Audio Clip:

Desiree falsely claiming I was trying to have all her visitation revoked; she slips up and admits I was only requesting temporary supervised visitation

450.

Capuano:

Yeah. Um, and uh, he filed all of this with the judge in California and said take everything away from her. Monitor visits only. If she has to have visits.

HA! And now Desiree completely contradicts everything she's been saying about me applying to revoke all her visitation and she admits I was only requesting that her visits be supervised.

Notice that she said "...monitored visits only...", and immediately realized she slipped up, so she quickly added "if she has to have visits."

But come on, under the circumstances, what kind of parent wouldn't request supervised visits? I mean, for a year she's been cohabiting with and defending this dangerous, meth using, Aryan Botherhood, psychopath; and things culminate in the police executing a search warrant on her home and finding meth and a stolen assault rifle (and remember, Lauchner was prohibited from possessing firearms due to his criminal record). Would you be comfortable letting your ten year old child spend three weeks with this woman, 375 miles away?

Um, that hearing the judge actually denied his motion. But only because Richard didn't submit it correctly. Um and instead set up for another hearing. Um an actual hearing. [long sigh] Uh and in the second hearing he, [long sigh] Richard asked that the court assess child support immediately because he needed to move to Vancouver. And he wanted to take him with him. 'Cause he couldn't get a job in the United States. Um at one point in 2012 he was going by the name of {M**** R****}.

451.

Wilcott:

Mm-hmm.

Audio Clip:

Desiree admitting she called ICE to have me deported

In this clip you can hear the hatred and hostility in her voice. Amazing that in Canada, it's perfectly okay for her to hate me and to take actions against me to destroy my life, but if I merely publish a website, exposing the things she's done, that's a crime.

452.

Capuano:

So. Um and I believe that he even got employment in the United States, um in 2012, it was a contract. But it didn't last long. Um, and, I had about had it. And so I called a tip line. FBI tip line. And I said there is an illegal person living in California trying to take my child.

Now, Desiree is finally openly admitting that she called US authorities to try to get me arrested and deported.

But, of course, being the chronic liar, or chronic pothead, that she is she's mixing up the details again. It wasn't in the summer of 2012 (that's when I had the job she's referring to) that she started calling the authorities; it was in November 2011, just before the California family court ordered her to return Gabriel to my custody Global Affairs Canada Case Note, detailing the call they received from Desiree on 2011-11-01.

And, it wasn't the FBI she contacted, it was ICE. Why the fuck would the FBI care about a person who may not have status in the US, or about a child custody matter? For that matter, why would ICE care about a family court matter?

There is one detail Desiree did get correct here, which was actually completely false: She claimed to the US authorities that I was trying to "take her child, and flee to Canada with him". However, I had custody of Gabriel, not her! I can't "take" a child I already have custody of. Moreover, she deliberately tried to create the false impression I was trying to abduct her child and flee the country with him. You see, she will, literally, tell any lies she needs to to get her way.

And you guys messed up before because when you arrested him, you didn't know that he had a child. And so the child went unaccounted for. The first time you had him in custody.

The "you guys" Desiree is referring to here is ICE. I was never in FBI custody. I've never been investigated by the FBI.

Desiree says ICE screwed up previously because they didn't know I had a child. That's completely false. They were well aware I had a child and that that child was born in Arizona DHS Form I-217, dated 2007-09-25, Item 24. They just didn't give a shit. ICE breaks up families by deporting the parents every day. I once asked my Deportation Officer (Keith Acosta): If I'm deported, what's going to happen with my son? And he responded: I don't know, that's not our problem.

She just says whatever fantastical nonsense pops into her head. And believe it or not, there are still people out there (mostly raging, hate-filled, feminists ... and Steve Riess) who insist on believing every word Desiree says.

Um and you need to do something about it. And so they did their investigation, I gave him his alien identification number. And I called them to let them know that Gabriel would be with me over winter break. Um and January of 2013, January 5th uh Richard was arrested.

This entire paragraph (452) shows that Desiree's efforts to get me arrested, detained, and deported were systematic and methodical, over a period of more than a year. There was absolutely nothing spontaneous or emotional about it.

Desiree testified at the trial that she hadn't contacted any authorities about me until November 2012, and that that was only because (as she claimed) I was trying to take Gabriel to Canada TR 2017-06-12 p46l21-30. But as you see in this paragraph, she actually started contacting the authorities, filing false allegations, in November 2011; and she continued to contact them, over and over and over, each time escalating her claims, until they finally got fed up and came to arrest me (on 2013-01-02, not on 2013-01-05 as she claimed - again, too much pot smoking).

453.

Wilcott:

So and just question about this.

454.

Capuano:

Yeah.

455.

Wilcott:

Uh sorry January 2000?

456.

Capuano:

Uh t-, 13.

457.

Wilcott:

13.

458.

Capuano:

Yeah.

459.

Wilcott:

Um, just write this.

460.

Capuano:

Mm-hmm.

461.

Wilcott:

So he's going to court.

462.

Capuano:

Mm-hmm.

463.

Wilcott:

In Compton for two years.

464.

Capuano:

Mm-hmm.

465.

Wilcott:

While being in the United States illegally.

466.

Capuano:

Mm-hmm.

467.

Wilcott:

Representing himself.

468.

Capuano:

Mm-hmm.

469.

Wilcott:

And they don't do anything?

Audio Clip:

Desiree admitting that in 2011 I informed the family court that my birth name was Patrick Fox

470.

Capuano:

Mm-mm. Nope it's a family judge, he didn't care. I brought it up so many times. At one point in 2012 Richard said that his name was Patrick FOX. Um, and I made a point to the judge in that this is bullshit. And so the judge said I need to see a birth certificate.

Here's Desiree admitting that in the family court, on 2011-12-06 (not in 2012, as she claims), I stated my birth name was Patrick Fox and that I was born in Florida and am, therefore, a US citizen. Her own lawyer filed the Findings and Order After Hearing which clearly stated I was ordered to provide a copy of my birth certificate to the court and to Desiree.

So, she admits that as of 2011-12-06 there is an official record of me stating, in her presence, that I was born Patrick Fox in Florida. But then she goes and claims to the police and in her testimony that I suddenly "became" Patrick Fox in 2014, with no notice TR 2017-06-12 p35l4-10; p61l3-16.

Here, though, Desiree is making it seem like it was the family court judge that said he needed to see my birth certificate, but in fact, it was Desiree and her attorney who requested I be ordered to provide my birth certificate.

Um and then we went around and around um, where Richard's like well I can't get a birth certificate 'cause I don't have any I.D. I can't get I.D. because I don't have the birth certificate.

Yes, that is partially correct. Because the Florida Bureau of Vital Statistics requires you to submit a photocopy of your government issued photo ID along with the birth certificate application Florida Bureau of Vital Statistics website How to order a Florida Birth Certificate page.

I did not, however, claim that the California DMV required me to provide my birth certificate. The issue I had with DMV was that my California driver's license was under the name Richard Riess, and submitting a government issued photo ID bearing the name Richard Riess would not help me to obtain a Florida birth certificate in the name Patrick Fox.

I really do think Desiree is mildly retarded. All the marijuana in the world could not fry her brain this much.

And Desiree says the judge didn't care about my citizenship status. However, the moment I was deported, the judge revoked my custody of Gabriel, gave Desiree custody, then refused to allow Gabriel to return to living with me even though Gabriel unequivocally stated he wanted to live with me. Clearly the judge did care. But the family court cannot, legally, make a child custody decision based on the immigration status of a parent California Family Code § 3040(b).

Um but

471.

Wilcott:

And this is still all in?

472.

Capuano:

Compton.

473.

Wilcott:

In court?

474.

Capuano:

Mm-hmm. Yeah, all of this is in court. Um ...

475.

Wilcott:

So he's lying in court basically --

476.

Capuano:

Mm-hmm.

477.

Wilcott:

-- about his identity.

478.

Capuano:

Yeah. Yep, absolutely. Um and I, I tried but, judge didn't care.

479.

Wilcott:

Okay. Wow.

It's not that the judge didn't care. It's that the judge wasn't going to make a decision based solely on a completely unfounded claim by a spouse/parent in a child custody matter without at least giving the other party an opportunity to rebut that claim. It's called being fair and acting on actual, physical evidence, not just unsupported words. Something the Canadian justice system should learn to do.

And, as pointed out above, the family court is prohibited from making a custody determination based on the immigration status of a parent. So, in that respect, whether I was a US citizen or an illegal alien was simply not relevant to the proceedings. When Desiree raised the issue at the 2011-12-06 hearing, I could have objected based on § 3040(b) but I didn't because I was born in the US and I knew I'd be able to prove it eventually.

And look at this fucking ass-clown, jackoff RCMP Detective: "Okay. Wow." Like he's so shocked that the family court judge would ignore such a crucial point as whether or not I have any citizenship status. Fuck off!

480.

Capuano:

Yeah.

Audio Clip:

Desiree laughing loudly about the "scars she has" from dealing with me

481.

Wilcott:

Okay so January

482.

Capuano:

Oh believe me. Yeah. The, it, it's, it's, [laughing loudly] the scars that I have are not, like... Things that happened.

483.

Wilcott:

Yeah this is --

484.

Capuano:

(Inaudible) case. [long sigh]

485.

Wilcott:

It's almost like, a movie (inaudible) it's humourous like,

486.

Capuano:

It's, it is.

487.

Wilcott:

(Inaudible) like after,

488.

Capuano:

Yeah.

489.

Wilcott:

now we can laugh at it but.

Audio Clip:

Desiree talking about Gabriel calling Liz for help, instead of Desiree, when I was arrested in Phoenix

Here we start to see the real Desiree. The mean, cruel, vindictive, narcissistic Desiree. By this point she believes Wilcott is completely on her side so she's let her guard down.

In this clip you can clearly hear the hatred in her voice. Listen to how she frequently pauses for effect, and how she over emphasizes words. Yep, she's an evil, vindictive cunt, no doubt about that.

And keep in mind, she's full of shit about her number being in Gabriel's phone. That's proven in the inline commentary below. In reality, Gabriel had absolutely no way to contact Desiree. So what the fuck is she angry about?

490.

Capuano:

Right it's, it, I know. Like seriously? I mean, the way that Gabriel ended up with Liz. When Richard was arrested in 2007. They had already worked out a plan. Where Gabriel would go to the neighbor's house and call Liz. And that's what happened. [hostile] Richard was arrested and my seven year old went to a neighbor's house, on his own, and called Liz.

This is total nonsense. First of all, how could she even possibly know what occurred on that day? Other than the one phone call she had with Gabriel a few months prior, she hadn't been in contact with us for years.

In fact, when I was arrested in Phoenix, in July 2007, Gabriel's babysitter happened to be present, so Gabriel stayed with her while I went to the police station. Liz's phone number was programmed in Gabriel's phone, so he called her to tell her what had happened. A couple days later, Liz came to Phoenix and offered to take care of Gabriel until I'm released. Since Gabriel had known her and her family all his life (since he was about 18 months old), and she had essentially filled the maternal role in Gabriel's life during that time, I agreed. Liz picked up Gabriel from the babysitter, brought him back to LA, and she cared for him until August 2011 (for four years), when Desiree showed up at Liz's home, out of the blue, and took Gabriel by force, back to Arizona.

Then, in November 2011, when the family court ordered Desiree to return Gabriel to my care, Liz continued to be a parental/guardian figure in Gabriel's life until I was detained by ICE and deported in January 2013, at which time the family court granted Desiree custody. Gradually, Desiree phased Liz out of Gabriel's life until I was arrested on the criminal harassment charge in May 2016, at which time Desiree completely cut off (by prohibiting) all contact between Gabriel and Liz.

Desiree sometimes makes a big deal of the fact that when I was arrested Gabriel called Liz instead of calling her. But how could Gabriel have called her? Neither I nor Gabriel had her contact information.

As for this claim that I had made those arrangements with Gabriel ahead of time: I wish that I had such foresight that I could have anticipated I would be arrested, and prepared for it. To begin with, I would have gotten the hell out of Phoenix! Does Desiree think that I was spending my time with Gabriel planning for every possible contingency?

And she drove from L.A. to Arizona, picked him up and drove him back to L.A. Even though my phone number and my mom's number were saved in that phone.

491.

Wilcott:

Yeah.

492.

Capuano:

But that was what they had arranged.

493.

Wilcott:

And that's all Gabriel knew.

494.

Capuano:

That's all he knew.

495.

Wilcott:

Okay.

496.

Capuano:

And then of course I got that thrown back at me from Richard. And he said um, well clearly Gabriel loved Liz more than you. And trusted her because if he really wanted to be with you, then he would have called you and not her.

Holy Jesus! This woman just makes up whatever fairy tales suit her fancy at any moment.

I believe I've fairly proven above, that her claim that me or Gabriel had her contact information at that time of my arrest in July 2007, so anything further that she says which is based on that false statement must also be false! In other words, everything she's saying here is false; plainly and clearly false. It simply never happened.

Nevertheless, let me respond with a couple of points:

Of course Gabriel would have more of a bond with Liz than with Desiree at that point. Liz raised him for the past five years; Desiree had been completely absent from his life that whole time. The extent of Gabriel's relationship with Desiree, at that point, was a couple of telephone calls. Is Desiree really so delusional that she believes there is an automatic, inherent bond between a child and their biological parent, when that parent has been absent for the child's whole life? Can she really be that moronic?
I would never have said to Desiree that Gabriel would have called her instead of Liz at that time, because that would be an idiotic thing to say considering Gabriel had no way of contacting Desiree; even if Desiree were telling the truth and Gabriel did have her contact information at that time, then for me to say what she's claiming I would be acknowledging Gabriel had her contact information which means I'd be admitted I've been lying.
Since 99.9% of all of the communictaion between Desiree and I has been through email, if I had actually said what Desiree is claiming here then there would be a record of it. But guess what: There's not!

497.

Wilcott:

Yeah.

498.

Capuano:

Right?

499.

Wilcott:

If he doesn't know your name or face. It's kinda hard to say that.

Audio Clip:

Desiree pretends to break down crying when talking about trying to force a miscarriage when she was pregnant with Gabriel

500.

Capuano:

Well and if, apparently Richard has told Gabriel his entire life that I abandoned him. And that the reason he was premature is because I punched myself in the stomach. And so Gabriel grew up believing that I tried to abort him. And when it didn't work that I abandoned him. So yeah. Pretty sure he's not gonna call me.

501.

Wilcott:

Yeah.

502.

Capuano:

Right?

503.

Wilcott:

That's terrible.

504.

Capuano:

[voice shaky] Was really bad. Um...

505.

Wilcott:

Take a second, it's okay.

506.

Capuano:

[deep breath, sigh] Oh sorry. Mm. Yeah. Um...

Audio Clip:

And we're right back to being happy and joking with the RCMP

507.

Wilcott:

We're in January,

508.

Capuano:

Of 2013.

509.

Wilcott:

in 2013 he gets arrested.

510.

Capuano:

Yeah he gets arrested. Um

511.

Wilcott:

And this is kind of really the start of everything now.

And this is one of the biggest problems with what is considered "justice" in Canada. To the Canadian justice system "the start of everything" is the point after which my life had been completely destroyed by Desiree's actions, I've been deported to a foreign country, lost custody of my son, all because of her relentless, persistent false reports to every government authority that would listen.

They completely ignore the years of harassment and threats that I put up with from Desiree prior to being deported. And they ignore the years of me trying to accommodate her and help her through the family court matters. And they only look at what happened after I started fighting back, after I was deported and lost custody of my son and had nothing left to lose.

It's kind of like when person "A" attacks person "B" and, in the course of defending himself from that attack, person "B" punches person "A", giving him a fat lip and knocking him down, so the justice system prosecutes person "B" for assault because he caused more apparent harm to person "A", regardless of the fact that person "A" initiated the attack and person "B" was defending himself. In Canada, the "guilty" person is the person that wins the fight, regardless of who started the fight.

512.

Capuano:

Yeah. Well and even though it, it, it was really 2014, so 2013 was a really quiet year. And I, I supposed it's because Richard didn't really have any money.

2013 was a quiet year! Ha! Let's recap:

January and the first half of February, I was in ICE custody. Desiree immediately filed for custody of Gabriel in the family court, based on me being detained and it looking like I was going to be deported. The judge grants her temporary custody until I'm released. He says, upon my release I can request an ex parte hearing for Gabriel to be returned to my custody. He knew the only reason I was in custody was because Desiree kept calling ICE.
While I was being detained by ICE, I sent Gabriel numerous letters, which Desiree intercepted and did not provide to Gabriel until after the family court ordered her to.
Mid-February I'm deported to Canada, but Desiree didn't know. I informed her I was released. Thinking the family court was going to order her to return Gabriel to me, she sends me a a very amicable email, proposing Gabriel stay with her until I can get back on my feet financially email dated 2013-02-17. She immediately follows that with an email telling me "Immigration and homeland security are not my only avenues and if pushed I will pursue them - I agree that I will probably not 'win' in family court, but I have no intention of 'beating' you there".
Desiree informed the family court I had been deported, so the family court granted her full custody of Gabriel and taken the March custody hearing off calendar without informing me. In March I returned to Los Angeles for the hearing I did not know had been cancelled. The court called Desiree to inform her I was there. Desiree called ICE to inform them I was there. ICE came to the courthouse, arrested me, and deported me to Canada a second time (after detaining me for another six weeks).
In June I secured a position with Electronic Arts, in Vancouver. I emailed Desiree requesting she allow Gabriel to return to my custody, otherwise I would do everything I can to expose, in the family court, every bad thing she had ever done and I would never give up fighting her on it. She refused.
Following my deportation, Desiree consistently refused to allow Gabriel to visit me.
In September, I requested Desiree obtain Gabriel's passport so he will be ready to travel to Canada when the family court either orders her to return Gabriel to my care, or orders her to allow Gabriel to visit me. She refused.
In late October, the family court ordered Desiree to allow Gabriel to come to Vancouver to visit me over his winter break, and to obtain Gabriel's passport to facilitate that travel. Desiree told the court she didn't think she'd be able to get his passport in time. The judge knew Desiree had had lots of time to get the passport prior to that point and that she had been refusing, so he told her he didn't care and that she better get moving on it. Desiree claimed she didn't have the money for the expidited passport application, so I ended up paying for it. In late November she notified me that the passport office was requesting further custody documents before they could issue the passport. I ended up having to pay my attorney to take care of that. Ultimately, the passport was obtained in time for Gabriel to come to Vancouver for his winter break, but not because of a single thing Desiree had done. She had tried, at every turn, to obstruct that. And then she had the audacity to blame me for causing the unnecessary delays.
Throughout 2013, Gabriel was repeatedly inaccessible by telephone because Desiree was in the process of moving, or going out of town for a week, and she refused to let Gabriel have his own phone.

And that was 2013, in a nutshell.

513.

Wilcott:

Mm-hmm.

Audio Clip:

Desiree laughing and joking about calling ICE to have me arrested and deported when I appeared for a family court hearing

This clip is particularly troubling because not only does Desiree laugh about calling ICE and having me deported, she actually makes jokes about it and both her and Wilcott laugh about it. The RCMP detective actually laughs with her, about her making a concerted effort to get me deported so that I would lose custody of my son. That's pretty fucked up - even for the RCMP.

514.

Capuano:

And he was trying to establish himself up in Canada. Um, he uh, he actually entered again in March of 2013. Uh he thought that there was a court hearing on record. Um and he appeared in court in Compton for that hearing in March of 2013. Um he didn't know that that hearing had been pulled off calendar. That it was no longer going to happen. Um and I called the FBI agent, um that morning, [laughing loudly] (inaudible), aw, I wish I was a fly on the wall. (Inaudible). I worked all night long. And I get a call from the court, the mediator and she said you're supposed to be here in court for mediation, I said no that's off calendar. And she said well I'm not showing that. Said you need to call the judge you know, and, and work that out because it's not, no longer a hearing that we're having. I said it doesn't matter anyway, the father's been deported to Canada. And she said well he's sitting right here looking at me. Oh. Okay.

515.

Wilcott:

So you're in Arizona hearing --

516.

Capuano:

Yeah.

517.

Wilcott:

-- that he's now back in the country.

518.

Capuano:

Yep. So uh, I called the FBI agent that I had been working with and I left a message for him. Two hours later he calls me and uh he's like, so what's going on and I tell him the situation, and he's like well, he's probably not still there but I'll, you know I'll head down there, you know it's been a couple hours I'm sure he's, you know gone. And next thing I know he's arrested again.

519.

Wilcott:

[laughing loudly]

520.

Capuano:

From the courthouse.

521.

Wilcott:

So this is in March?

522.

Capuano:

[trying to suppress laughter]

523.

Wilcott:

Okay.

524.

Capuano:

So if you can picture it, there's Richard at the courthouse arguing with them. Demanding that this hearing is supposed to happen. And trying to figure out why it's not scheduled. Knowing that he's here illegally. And then the FBI walk in. And arrest him.

Here again, Desiree and the RCMP are laughing about what's been going on. This time, Desiree's talking about how she called ICE while I was at the courthouse, so they would come and arrest me.

But what's most significant here, is how she laughs and talks about what she envisioned might have transpired.

Keep in mind, we're talking about events that occurred a year before the website was created. By this point I had not done a single thing against Desiree. What Desiree was doing in 2011 through 2013, in calling ICE and trying to get me arrested, detained, and deported was not retaliation or defending against anything I had been doing to her - it was pure spite and vindictiveness for no legitimate reason.

Go ahead, look through the emails prior to March 2013, see if you can find any where I was "mean" or "unfair" with her. Do you still think Desiree is a sweet, wonderful person?

525.

Wilcott:

Nice.

526.

Capuano:

Yeah. Yeah.

527.

Wilcott:

'Kay.

Audio Clip:

Desiree talking about getting sole custody of Gabriel because I was deported

Notice, in this clip, how Desiree talks so matter of factly about getting custody of our son because I had been deported. It's simply not relevant to her that the reason I was deported was solely because of her very deliberate efforts to get me deported.

528.

Capuano:

So, um at that point after that, uh, he stopped trying to come back. Um and it was, it was actually really quiet. Um, I had Gabriel um, I, I had requested sole custody at that point since Richard was out of the country. Um and it, it got approved.

Well, it's a little disingenuous to say she "requested sole custody ... and it was approved".

The custody hearing was scheduled for 2013-03-20, but the court went and changed it to 2013-03-13 without notifying either of us. Then, on the morning of 2013-03-13, the court called Desiree to link her in to the hearing, but nobody notified me. And so, since I didn't appear, and Desiree told the court I had been deported, the court granted her sole legal and physical custody LASC Minute Entry, dated 2013-03-13.

But let's not forget, because this point is crucially important: The reason I was deported, the only reason I was deported was because Desiree kept calling ICE, filing false claims against or about me. I was not deported because ICE had any interest or concern for me. Had it not been for Desiree's deliberate and persistent actions, I would not have been deported.

So I had custody of, of Gabriel.

529.

Wilcott:

In Arizona?

530.

Capuano:

Mm-hmm.

531.

Wilcott:

Or in?

Audio Clip:

Desiree talking about not understanding why the family court judge was "really supportive" of me

Notice, again, Desiree's tone when she's talking about the family court seeming to be "very supportive" of me. She simply cannot comprehend that the court would be upset with her for abducting Gabriel and bringing him to another state, then lying to the court claiming I had been hiding Gabriel from her and that she had no idea where we were for nine years, and making deliberate efforts to get me arrested and deported just so she could get custody of Gabriel. Desiree actually believes the family court judge was unfairly biased against her.

In Desiree's incredibly fucked up mind she hasn't done anything wrong! And, it seems, most Canadians agree with her.

532.

Capuano:

Well it was in Compton. I, I went out to Compton to request it. Um, uh and it was, it was actually very quiet. Um, the, the ruling was that I would have custody of Gabriel but when Richard got on his feet, he could petition the court to have that changed. Uh it seemed, honestly throughout the entire thing that the judge was really supportive of Richard.

533.

Wilcott:

Mm-hmm.

Audio Clip:

Desiree falsely claiming Gabriel spent every school break with me

Here again, we see how Desiree lies with such ease about things which are patently false and easily verifiable. The emails between us, where we discuss Gabriel visitation and travel plans, clearly show her refusal to allow Gabriel to spend his entire breaks with me. See the comments, inline below.

534.

Capuano:

And I didn't know why. I really didn't. Uh, but that's what I faced. You know. Um, and uh, and so he filed a, a request and um asked for it to be changed. Um, uh, it was not. But visitation was then established. And so um starting in December of 2013, Gabriel started spending every school break with his dad.

No! Not every school break. Only the school breaks that the court ordered her to allow; and only for the portion of that break that either the court ordered or that she felt like allowing.

For example, when Gabriel was in my care, he spent his entire summer break with Desiree - not because that's what the court ordered, but because that's what Gabriel said he wanted. But when Gabriel was in Desiree's care she only allowed him to spend half his summer break with me - even though he said he wanted to spend the entire summer with me. And then she gradually allowed less and less visitation until, in 2015, she cut off all visitation; then in 2016, she cut off all contact.

Also, Desiree neglects to mention that prior to the court ordering her to allow visitation, she flatly and consistently refused to allow Gabriel to visit me.

535.

Wilcott:

Sorry when was this?

536.

Capuano:

Uh O-, uh December of 2013. So he spent the fall, uh winter break. Up with his father, in Canada. So it was, you know the two weeks over December and January of 2013, uh, yeah. 2013 to 2014.

537.

Wilcott:

In Vancouver then?

538.

Capuano:

Mm-hmm.

539.

Wilcott:

Okay.

540.

Capuano:

Yeah. He spent spring break there.

Yes, Gabriel spent part of the 2014 fall break with me. Five days out of the nine days.

Visitation periods during school breaks begin upon the end of school immediately preceding the break, which in this case was 2014-03-07 (Friday), however he did not attend school that day because he went to Los Angeles (from Phoenix), with Desiree, for a family court appearance. I had proposed he catch a flight to Vancouver directly from Los Angeles, rather than driving all the way back to Phoenix and then catching a flight from there email dated 2014-01-17. But Desiree didn't want to drive back to Phoenix alone, so she guilted him into saying he'd rather go back to Phoenix first and catch a flight the next morning email dated 2014-01-17.

First Desiree said Saturday to Saturday would be fine, but then later changed her mind and said Saturday to Thursday email dated 2014-01-17. Notice how Desiree says in that email "...if I change my mind...", I believe she knew all along she was going to change her mind; this is just more power tripping and control on her part.

He spent the entire summer there.

This is a lie. Gabriel only spent one month out of the two and a half month summer break with me. Desiree wasn't going to allow Gabriel to visit at all during the summer break, claiming she had already made plans, so I asked my attorney to request an order for it. Desiree told the family court she already had travel plans for the beginning and ending parts of Gabriel's summer break and asked that he only be ordered to visit me from June 21 through July 25, so the court ordered that since her travel plans had already been paid for LASC Minute Entry, dated 2014-02-07.

It turned out her claim of having travel plans was a lie. I later found out Gabriel spent that time at Desiree's home in Phoenix. I can't imagine any reason Desiree would do this other than to prove that she could.

He spent fall break of 2014. He spent winter break of 2014.

Desiree did allow Gabriel to visit for the winter break, but six days before he was scheduled to travel to Vancouver, she told him to tell me that unless I could provide proof that I legally changed my name from Richard Riess to Patrick Fox she would not let him come. I emailed Desiree about this email dated 2014-12-14. Desiree responded, stating she had only agreed to allow Gabriel to visit with his father "Richard Riess", not a person named Patrick Fox email dated 2014-12-15, even though she knows my legal, or "real" name is Patrick Fox. That than led to an argument that dragged on for 11 emails. Ultimately, she realized her position was idiotic and petty and she dropped it. I believe this was her intention all along - to bring up some impossible requirement at the last minute to make me jump through hoops so I can spend time with Gabriel.

He spent, [laughing loudly] literally every visitation Gabriel was with his dad up in Vancouver.

This is complete bullshit! In addition to what was just discussed:

For Gabriel's 2015 spring break, Desiree flatly refused to allow him to visit, claiming she already had plans for his spring break email dated 2015-01-28. Note, as always, I was requesting it because Gabriel said he wanted to visit - I would never make him spend time with me if he didn't want to. And, as always, it turned out Desiree didn't actually already have plans for the spring break, she made the plans after I requested the visitation.

Also notice, that when Gabriel was in my care I always allowed him to visit Desiree for as long as he said he wanted. That ended up meaning I was never able to make plans for us during any of his school breaks. But it's what Gabriel said he wanted so it's what I requested from the court.

That is the difference between Desiree and I: I would never force Gabriel to spend time with me against his will; and Desiree will always make Gabriel do what she wants, regardless of his will. I guess it's because I'm just a better parent ... and person, than she is.
For Gabriel's 2015 summer break, Desiree allowed him to visit me in Vancouver, but not until after subjecting me to an extremely drawn out argument that spanned 67 emails, over 21 days. In that conversation she was consistently vague and ambiguous and I repeatedly asked for clarification and she consistently refused to provide clarification.

For that visit, Desiree allowed Gabriel to visit me for about six weeks. I later found out the reason she allowed the visit was because: a) she was planning on relocating from Phoenix to Tucson while Gabriel was with me; and b) she wanted to spend time alone with her new boyfriend (who she was moving to Tucson to move in with).

Desiree did not allow any further visitation after that summer 2015 visit. Although I had requested visitation during Gabriel's 2015 fall and winter breaks, she refused by imposing excessive, untennable requirements email dated 2015-11-14.

Um, but, March of 2014 is when everything really started. And the emails. The emails always happened.

Audio Clip:

Desiree laughing openly about the email communication from me

A fundamental part of Desiree's claim of fear for her safety was based on the emails she had received from me. but in this clip you hear her laughing quite openly and loudly about those emails. She clearly was not tormented or fearful of them, nor did she even take them seriously.

541.

Wilcott:

Yeah.

542.

Capuano:

I mean, hundreds.

543.

Wilcott:

I think I, we've kinda, you've sent me a tonne of emails.

544.

Capuano:

Yeah.

545.

Wilcott:

And,

546.

Capuano:

Oh that's not, that's a fraction.

547.

Wilcott:

Uh yeah that, it's obviously, uh we can just quickly go over it. It's generally him arranging.

548.

Capuano:

Yeah.

549.

Wilcott:

Uh visitation but, being a dick.

Oh, I'm the one being a dick. She's the one refusing to allow Gabriel to visit; and making me jump through hoops for her amusement in order to be able to visit with my son; and refusing to get Gabriel's passport in time for him to visit; and refusing to contribute to Gabriel's financial needs when I was released from custody; and she's the making a concerted effort to get me arrested and deported so she can get custody because the family court already decided Gabriel was better off with me; and she's the one that won't allow me to provide anything for Gabriel when he's in her care unless I also provide the same thing for her other son ... but I'm the dick!

All those people that posted those comments on YouTube, saying that Canada is "fucking clown shoes" are absolutely correct.

550.

Capuano:

Yes.

551.

Wilcott:

Um ...

552.

Capuano:

[laughing loudly] Yeah.

553.

Wilcott:

I'm tryin' to think of way like ...

554.

Capuano:

No it is.

555.

Wilcott:

'Cause what you're showing me is, is he's going all about this.

556.

Capuano:

Yeah.

Audio Clip:

Wilcott has a brief moment of objectivity, Desiree is briefly flustered but then continues laughing about the emails

557.

Wilcott:

Um, you guys are going at each other.

558.

Capuano:

Well.

559.

Wilcott:

'Cause I'm only seeing one side but, it looks bad for him.

560.

Capuano:

Well, there, the majority of the emails I don't respond to.

561.

Wilcott:

Yeah.

562.

Capuano:

If I respond to 'em I'll respond to a single email. But then he follows it up with four more.

563.

Wilcott:

Yeah.

564.

Capuano:

Right? Um, and at some point I have to stand up for myself. At some point, I can't just keep getting beaten down.

What the fuck is she going on about, "beaten down"? Find one email where I was mean or insulting to her where she wasn't the initiator of the hostility! Why is it okay for her to insult me first, but it's not okay for me to respond in like manner?

Look through the 1,800 or so emails on the website and for each thread where I am insulting or, as she would call it, "mean" to her and go to the start of the given thread, and you will notice in almost every instance she was the one that started with the insults. I rarely, if ever, initiated the hostility and insults.

Case in point, the very long "Gabriel summer visitation 2015" thread started with her emailing me on 2015-04-20 to tell me Gabriel said he would like to visit me over the summer email dated 2015-04-20. Starts out fine, but then she ends the email by saying "Any deviation from the above stated shall be deemed kidnapping and a violation of the terms of reasonable visitation." Is that an attempt to assert her power over me? Who knows. In her email, she said Gabriel may only travel on two specific dates, which happened to be on weekends. I respond politely and concisely email dated 2015-04-20. Upon checking the flight prices I found the flights on the dates she chose were significantly higher than weekday flights so I politely inquired whether the dates she select were firm email dated 2015-04-25. She responded, refusing to allow Gabriel to travel on a weekday email dated 2015-04-25. I politely asked her why she would not allow him to travel on a weekday email dated 2015-04-26. I explained that the cost of the plane ticket on the weekend was about $1,300 whereas on a weekday it was $150. She would not say why. Then she became belligerent and insulting, stating in her next message email dated 2015-04-26:

"Ricky Steve Riess (so you aren't confused)...". My name is not Ricky Steve Riess and she know it. She often calls me be other, random names as some kind of insult which I don't really understand.
"...I am not required to justify my decisions to you for any reason at any point. I have told you the terms. You may comply or not. That is your decision....". This is clearly belligerence and her attempt to assert her power over me. I was asking her reason so that I could see if there was some way to find an alternative. But she didn't want me to find a solution, she just wanted to impose arbitrary constraints to prove that she's the one in control.
"...where you make unfounded inflammatory, and defamatory lies despite...". What the hell is she even talking about? There were no such statements in my prior messages in this thread.
"...cease and desist in your childish tantrums and obsessive stalking behavior...". Again, what the hell is she talking about? I had sent her four prior messages in this thread, all polite, all to the point, and all asking reasonable questions and explaining why I'm asking.
"There is no reason (or desire) for us to interact directly other than where it concerns Gabriel's travel." I agree, but all four of the messages I had sent her were for exactly that reason!

This is how Desiree does. She responds with belligerence and vague, abiguous allegations or claims. Her goal is just to start a fight.

565.

Wilcott:

Yeah.

566.

Capuano:

By this. So, there are responses to some of the emails. But the volume, of emails that he sent.

567.

Wilcott:

Mm-hmm.

Audio Clip:

Desiree tries to justify her responses to my emails, falsely claims it was for Gabriel's benefit

568.

Capuano:

Um, what I responded to, and the, what I tried to respond with, was minimal. Right? Uh, unfortunately uh not responding to those emails, hurt my relationship with Gabriel. And the reason why is because Richard kept telling Gabriel everything and kept including Gabriel in all of the emails. And I would never respond. And so Gabriel was only getting one side of that story, ever. And so he'd never listen to a thing I'd say.

Except that Gabriel was in her custody, in her physical presence. She could have simply told him whatever her side of the story was. She didn't have to respond to the emails in order for Gabriel to hear her side. Also, Gabriel was only included in a small fraction of the messages I had sent (111 of the 1097 I had sent Desiree; and 39 of the 604 Desiree had sent me).

Many of those 111 messages included Gabriel because they pertained directly to him, for example see the emails dated 2015-10-22; 2015-03-29; 2015-01-27; 2014-11-27; 2014-11-22; 2014-09-08.

And in some instances, it was actually Desiree who initiated the conversation and included Gabriel in it, not me. For example, see the emails dated 2015-06-28; 2014-01-18.

This is another example of how Desiree's claims never stand up to the tiniest scrutiny. And you see how the Canadian police just blindly accept it? Fucking tools!

569.

Wilcott:

Okay.

570.

Capuano:

Um and that was part of the reason I started responding to the emails. And at one point Gabriel was like, I'm really glad that you're standing up for yourself Mom. I'm glad that you're not just taking it.

571.

Wilcott:

He's 14 now? So he --

572.

Capuano:

He's 15 now but --

573.

Wilcott:

15.

574.

Capuano:

Yeah but,

575.

Wilcott:

No at this time this is about ff,

576.

Capuano:

Yeah at that time he's like 13, 14 years old.

577.

Wilcott:

Okay. So he's understanding what's going on.

578.

Capuano:

He's starting to. Right? Um, and, and he's like yeah I'm, I'm really glad to see you're responding to that, you're not just, you know accepting it. Um, and part of that was to show Gabriel that just because his dad kept saying these things, didn't mean that they were true. You know? Um, and so it's not just me being a dick or going back and forth with, with him and bantering, you know bickering back and forth. Um, I would have rather not responded to anything ever, that that man said, there's no point in a conversation with him. Um, but stand up for myself and show Gabriel that, just because he's saying it doesn't mean it's true.

579.

Wilcott:

'Kay.

580.

Capuano:

You know. So I did respond to some of them. Um, and then after a while I just got so tired of it I [laughing] just started messing with him. You know, some of the things I'd respond with I'd be like, I just don't even care anymore. Um, but it, it had been years of getting these emails.

She could simply have ignored the messages. She was under no obligation to even read any of my messages. She could simply have blocked my email address.

Desiree has consistently, falsely claimed that she had to read my messages because she was required, under court order, to allow visitation with Gabriel. But as of July 2014 that is completely false, because at that time I waived all parental rights. As of that time she was no longer legally required to allow any visitation.

And, even aside from that, this was a situation she created by getting me deported and taking custody of Gabriel. Had I not been deported and lost custody of Gabriel to her, then she wouldn't have to communicate with me at all with respect to Gabriel. And, if we go back even further, she is the one that forced herself into mine and Gabriel's life in 2011. Had she not abducted Gabriel to Arizona and involved the family courts (remember she is the one that initiated family court proceedings in 2011), then she wouldn't have had to deal with me at all!

You see how fucked up her thinking is? She created every aspect of this situation, then she blames me for simply reacting to it. She is an evil sociopath, pure and simple!

581.

Wilcott:

Mm-hmm.

582.

Capuano:

To the point that I actually started responding like that. Um ...

583.

Wilcott:

So at this point you don't have the order of protection.

584.

Capuano:

No.

585.

Wilcott:

So this is

586.

Capuano:

No this is way before.

587.

Wilcott:

Yeah this is

588.

Capuano:

This is, we're like March of 2014.

589.

Wilcott:

Yeah.

590.

Capuano:

I'm at work.

591.

Wilcott:

You guys are trying to communicate with each other.

592.

Capuano:

Well Gabriel is going up there for visits.

593.

Wilcott:

Yeah.

594.

Capuano:

Um and I'm

Audio Clip:

Desiree portrays herself as the victim, falsely claiming I required her to comply with my "demands"

You may notice, in this clip, Desiree is again accusing me of doing what it was that she as actually doing.

For example, I never once demanded she take time off work to bring Gabriel to the airport - I always told her if the flight time is not convenient for her I will arrange {Garbriel}'s transportation to the airport; whereas, in June 2012, she booked Gabriel's flight less than two weeks before the departure date, for 1pm on a weekday, and literally demanded I bring him to the airport at that time even though I had to be at work. When I refused, she threatened to contact the court. But the court sided with me on it because: 1) she didn't provide the required two weeks notice; 2) I was under no obligation to bring Gabriel to the airport for her visitation.

You will notice, absolutely everything Desiree accuses me of is actually what she, herself, is doing.

595.

Wilcott:

And you're trying to obviously arrange those visits.

596.

Capuano:

Yeah, yeah,

597.

Wilcott:

Okay.

598.

Capuano:

I'm, I'm workin' on those. Um and making sure, you know, and of course um, uh, any time I don't explicitly comply with what he's demanded he threatens to take me back to court.

Notice how, with Desiree, any time I request (not demand) something, in her mind it's a demand? Even when I, very politely, phrase it as a request, she still insists I'm demanding.

For example, see the email dated 2015-01-28, wherein Desiree says "The answer to your demand (that was not a request) is no." But if you look at the message she's responding to, you see that what I said was: "...may you provide your written consent for Gabriel to spend his Spring Break with me in Vancouver?" That is very clearly a request, not a demand. I am not telling her to do something. I am asking her, politely, to provide her consent.

How is it even possible that someone so fucked up in the head and with such a twisted, demented perception of reality is able to exist within society?

You know. Um, constantly trying to keep the upper hand. You know which is, I'm used to it.

599.

Wilcott:

What do you mean by that?

600.

Capuano:

Um, you have to send him to me on these dates, even if it's in the middle of the work week and I don't give a fuck if it dep-, if it interferes with your job. Because the court doesn't care about your job, and the court doesn't care about you. So if you don't take time off of work and send him to me on the exact day that I want, then I'm gonna take you back to court and I'm gonna take away visitation and custody.

She's full of shit. None of this ever happened. I never once told her she had to take time off from work to "send" Gabriel to me. Every single time the travel arrangements were not convenient for her I always told her I would arrange for Gabriel's transportation to the airport emails dated 2015-05-06; 2015-05-05; 2015-04-26; 2015-05-05; 2014-11-27; 2015-05-05; 2014-09-22; 2014-05-11; 2014-02-15; 2014-02-16; 2014-02-09. She is the one who consistently refused to allow Gabriel to go to the airport on his own and insisted on taking him personally.

My God, people! How much proof do you need before you will finally accept that every fucking word out of Desiree's mouth is a lie? Look at all the highlighting and the links to the supporting artifacts, in this transcript. This is not just some angry, bitter ex-husband making unfounded allegations, man. There's proof of every single thing I've been saying.

601.

Wilcott:

Okay.

602.

Capuano:

Constant.

603.

Wilcott:

Yeah.

604.

Capuano:

You know um you have to do what I say. That's what I mean by that. It was, it was always you have to do what I say.

605.

Wilcott:

Mmm hmm.

606.

Capuano:

And honestly with the way that the court proceedings went um I was scared. To not do what he said. You know.

607.

Wilcott:

Yeah (inaudible)

608.

Capuano:

I bend over backwards.

609.

Wilcott:

Yeah.

610.

Capuano:

Everything. Um, ah that first um, winter break in 2013 2014 I guess Richard spent like $6000 on Gabriel while he was there.

Oh please! I spent, maybe, $3,000.

And much of that was making up for Desiree's negligence since she had gained custody - getting Gabriel things she should have been providing him but hadn't (e.g. decent clothes, bedding).

When Desiree sent him on that first visit, she sent him with one backpack of items, his shoes were old and falling apart, his jeans were old and fraying. Gabriel told me he had knewer clothes, in better condition, at her home but she made him wear those old, worn out items so I would have to buy him new clothes. What a disgusting, horrible woman/mother.

Anyway, I would have gotten him new clothes regardless, because it's my duty and it's what a responsible parent does. And since I'm not a chronic pothead like some of other parent, I didn't have to spend hundreds of dollars a month on weed or beer or meth.

Um, and then when he send him back he started sending all kinds of stuff ah satin sheets for Gabriel's bed. Um feather down comforters. Um four different video game consoles.

At the time, I was working on a contract at Electronic Arts (EA), so I was able to get the Xbox One and the PlayStation 4 on the day they were released. I got him those as a gift to make up for all the years of financial hardship he went through because of me being in custody in Arizona. All during that time, he never once complained about it, he never once held it against me. I couldn't have asked for a better son.

He already had an Xbox 360, from before Desiree stealing custody of him.

In December 2013, I also got him a PlayStation 3.

The reason for so many consoles is because the games for each console are not compatible with the other (or with previous generation) consoles. So, the games for the 360 don't work on the Xbox One, and the games for the PS3 don't work on the PS4.

If she had an issue with excessive video game stuff, it should have been with him having too many games not too many game consoles. Her position on this is completely illogical.

But here's the real issue for her:

In January 2014, she told me she would let Gabriel keep three of the consoles if he gave the other one to her other son (Sage, her son with Michael Capuano). So, I could provide stuff for Gabriel but only if I also supported her other son.

Um boxes of candy um redit cards, clothes like brand name clothes and he just kept sending this stuff to Gabriel at my house. Meanwhile my other kid Sage, like we're just not have all that stuff right? Um, and I, I, I told Richard he had to stop. And that was, that was a World War III. [laughing] That was, that was I'm denying my own son because I'm white trash and broke and don't have enough money to take care of my other kid. And so Gabriel has to suffer. Um but it took me months to tell him to stop because I was scared to tell him to stop. I, I really, I didn't know if I was allowed. To tell him to stop. Um, so March of 2014, I'm at work. And ah, a manager walks up to me. Not my manager, a project manager, walks up to me and she says --

611.

Wilcott:

Sorry where you working at?

612.

Capuano:

Apollo. Still. Same job I got in 2008. Same company.

613.

Wilcott:

Okay.

614.

Capuano:

Um, she came up and she said it's none of my business and I certainly won't judge. Um, but you might not wanna put on your Linkedin profile that you're a stripper. And ah I, said I don't, I don't, what are you talking about. She said your Linkedin profile, it says you're a stripper and you smoke pot. And I'm no [laughing loudly]. So I went to my Linkedin profile and sure enough there was a secondary profile connected. Um, that said I, I was a stripper and it listed some stripper club that I worked at apparently and said that I smoke pot and I drink beer and I watch fighting and um I'm only concerned about myself and I don't give a shit about my kids.

615.

Wilcott:

So this is a second profile that's linked?

616.

Capuano:

Yeah it's like,

617.

Wilcott:

Can you explain that?

618.

Capuano:

Like my main profile is there.

619.

Wilcott:

Yeah.

620.

Capuano:

But then there's like,

621.

Wilcott:

The one you created.

622.

Capuano:

Yeah and then there's like this linked secondary profile. That's like there it's got my picture. And it's got all of this other information on it. Um and people that I work with are actually like starting to connect to the secondary profile cuz the request went out to everybody and so they're like yeah I'll connect cuz you know I know her. I work with her. And so they're connecting to this Linkedin profile um and so I contacted Linkedin and I told them what the situation was and they said well we can't tell you who created it. But we will take it down um and by the time they took it down there were like over 60 people that I worked with that were connected to it. And I work, I work in technology. I work in the IT department so,

623.

Wilcott:

Mmm hmm.

624.

Capuano:

The position that I had, I worked with absolutely every single area within the organization from executive management all the way down to just your,

625.

Wilcott:

Mmm hmm.

626.

Capuano:

Every day user. Um and so I had CEOs, I had CFOs connected to it. Um director level people connected to it. Um,

627.

Wilcott:

(inaudible)

628.

Capuano:

Yeah that ah, that a, connected to this profile that says I'm, I'm a stripper.

629.

Wilcott:

Mmm hmm.

630.

Capuano:

So I got the Linkedin profile taken down and I'm like okay. Um, fine good that's taken care of and I thought at that point that I was done. But a couple weeks later, an e-mail went out to the people that were connected to Linkedin the, the, the connections that I had. An e-mail went out to them. And um, the e-mail included um, [long sigh] sections of e-mails back and forth between Richard and I um e-mails that I had sent to him, sections of them um, and ah, my arrest record um other information that they probably just should not have had. I have a legal marijuana card and so that he sent. Um, and it was all from an e-mail address Desi CAPUANO. So it wasn't my actual e-mail address but it was my name. Um, and, a link to the website. And that was how I first found out about the website. And I actually had to walk back into work. Knowing that they'd all seen it. Um, a few weeks later, a second e-mail got sent um Apollo owns the University of Phoenix. You know UOP, University of Phoenix worldwide, like the online college.

631.

Wilcott:

Mmm hmm okay yeah.

632.

Capuano:

Okay. So Apollo owns them and so I worked in the core IT department that ran the college. Um, so the first e-mail went to Apollo. Ah hold on, that's James. Oh okay um, ah, so the first e-mail went to just Apollo. And the second e-mail that he sent went to all of the Apollo people. And then it went to 600 people that worked for University of Phoenix. And that e-mail included my income and expense declaration. That I had to provide to the court. Um, e-mails back and forth. And specifically a single sentence um that taken out of context makes me look like a racist. Um, documentation again for the marijuana card um and the website.

633.

Wilcott:

Um, sorry income records.

634.

Capuano:

Mmm hmm ah e-mails.

635.

Wilcott:

A marijuana card and then the link to the website?

636.

Capuano:

Yeah.

637.

Wilcott:

Okay.

638.

Capuano:

Yeah um, so I, I called the police ah and they filed a report in Phoenix.

639.

Wilcott:

When was that?

640.

Capuano:

Um, April, May of 2014. Um, they had two officers come out and talk to me um again they filed a report. I guess the one officer called Richard and talked to him. About what was going on. Um, and ah company had to put in a lot of security measures um and of course I started getting e-mails from random people that I work with you know um and Richard knows how to, how to manipulate. He's really good at it and so he, he included this entire thing about how Gabriel doesn't love me and doesn't wanna be with me and I keep fighting for him um not caring about how he feels and so I'd get random e-mails from people that I worked with saying things like you should just let your son go live with him. You know you're an awful person and,

641.

Wilcott:

So people have responded now to what's been coming up.

642.

Capuano:

Yep.

643.

Wilcott:

Okay.

644.

Capuano:

Yep. Um, [long sigh] ah and it was going to personal e-mails as well as work e-mails. Ah the personal e-mails he actually got from Linkedin. When he connected

645.

Wilcott:

Whoever, yeah whoever sets up the profile,

646.

Capuano:

Mmm hmm.

647.

Wilcott:

(inaudible) okay.

648.

Capuano:

Well yeah ah he had, he had created the secondary profile so he was able to get all those personal and work e-mail addresses from the Linkedin. Um and I sent him an e-mail and I told him to stop. I told him that this was harassment um that this is not conducive to us trying to raise Gabriel. This is not helpful um and he just he needed, he needed to stop um and his response was that it wasn't him. Um but if somebody were doing to, this to me it would be totally justified. Ah he sent me an e-mail at one point um asking me how it felt knowing that every time I walk down the hallways ah at work everybody there had seen me in my underwear. Cuz of the pictures that were up on the website. Um, I had ah, I'd gotten outta the shower I had a bathrobe on and Gabriel walks into my room and he's giggling. He's laughing. And he says I wanna take a picture of you and I was like well I just got outta the shower he's like no it's perfect I wanna take a picture of you. And ah he took the picture and two days later it was up on website. So he was using his son to get a lot of the information. And then he put up that um the pictures he accessed through Gabriel's Facebook account. Before I locked it down and banned him, um, he'd, he had these avenues worked out before I ever even considered 'em. You know um, ah then he sent the e-mails to the board of directors. That was a fun one. Um,

649.

Wilcott:

When was that?

650.

Capuano:

That was right around the same time it was ah, June I think 2014. Um,

651.

Wilcott:

To Apollo?

652.

Capuano:

Yeah board of directors of Apollo. Any time you work in, in a company there's a, a convention for how the e-mail addresses are done whether it's,

653.

Wilcott:

Mmm hmm.

654.

Capuano:

First initial, last name or first name dot last name or,

655.

Wilcott:

Yeah.

656.

Capuano:

Right and then at whatever the company is.

657.

Wilcott:

Yeah.

658.

Capuano:

Okay so he figured that out. So then he went and he found the board of directors names.

659.

Wilcott:

The names are up there, pretty easy to

660.

Capuano:

Mmm hmm.

661.

Wilcott:

Figure that out.

662.

Capuano:

Yep and he already knew the naming convention so he sent the e-mail to the board of directors and that one was um, I smoke pot and there's not a fucking thing you can do about it. Signed Desiree CAPUANO.

663.

Wilcott:

From? Desiree.com.

664.

Capuano:

Well from that,

665.

Wilcott:

From the desireecapuano.com?

666.

Capuano:

Yeah.

667.

Wilcott:

e-mail site?

668.

Capuano:

Yeah. Not my actual e-mail address but it's something,

669.

Wilcott:

No.

670.

Capuano:

That had my name. Ah, [long sigh] and then of course you know um people I worked with ah friends um associates, all different levels um coming to me all the time asking me why I would put up a website like that you know why I would have that kind of information out there about myself. Um, ah, and I'd, I'd have to tell them you know it's not me. That's, that's not me. Um, ah Apollo actually got their legal department involved. And the legal department of Apollo, worked with GoDaddy. Which is who it was hosted through originally.

671.

Wilcott:

Mmm hmm.

672.

Capuano:

And GoDaddy made him take it down. Ah which is when he started hosting it on his home computer. In Burnaby.

673.

Wilcott:

Okay.

674.

Capuano:

Um July of 2014 is when James and I started dating.

675.

Wilcott:

Okay.

676.

Capuano:

So he actually worked at Apollo. And was aware of the situation. Everybody at Apollo was aware of the situation. It's, um, but I had worked there for so long and established myself that ah my reputation was very, very good and he wasn't able to damage that.

677.

Wilcott:

That's good.

678.

Capuano:

Yeah. Um so I had a lot of support there. Ah, [long sigh] it was a lot of e-mails, a lot of going back and forth um, ah you know issues with visitation, whatnot um he would send me e-mails about how many hits the website was getting um the traffic that was going on it, plans that he had about you know tweaking the website so that it showed more um, just all kinds of things. Ah constantly um, December of 2014 is when he sent the e-mail um saying that while he was up there while Gabriel was up there Gabriel asked him if he'd ever shoot me. Um and he told him that you know the condition for that is, is life in prison and it's not worth it but if, if that weren't the case then yeah he absolutely would. Um,

This is a complete misrepresentation of what was said in the email.

By that point in the email, I had already responded to 14 of her idiotic, delusional claims and outright lies. The 15th point she made, the one in question here, was:

[Gabriel] is the one being hurt by your actions, scheming, and manipulation.

My response was that Gabriel was not being hurt by my actions against Desiree, because he does not love or respect her, in fact, he is completely indifferent to her and possibly even despises her for what she's done.

I then told her the story about Gabriel asking me if I would ever shoot her, in order to make the point about how little he cares about her. And part of that story was me telling Gabriel that murder is illegal and immoral and could result in a person spending the rest of their life in prison, and the rest of my life in prison is not a risk I'm willing to take. But otherwise, no, I would have no qualms about it, because that is how much I despise her for the things she's done to us.

I then told her that in response, Gabriel didn't flinch, he didn't seem anything other than indifferent, he simply didn't care. That was the point of the story, and when read in it's entirety, it's obvious.

But Desiree, Mark Myhre (the prosecutor), police, and the Canadian news media, want you to only look at that one sentence and ignore all of the context. That is, they are deliberately misrepresenting the facts. They are lying and deliberately deceiving you.

At the time I wrote the email, I knew Desiree or the authorities might try to misrepresent my words, so I immediately followed it with a clear, explicit declaration that there is nothing wrong with wanting to harm someone, as long as you don't act on it, and that I am reasonable and rational enough to know the difference and to refrain from acting on it.

I then said, "And let me be absolutely clear on this point: I would never deliberately cause you physical harm."

If you take one specific sentence fragment and completely ignore all the context and surrounding statements you can make even Ghandi sound violent and threatening. But doing so requires an explicit intention to deceive the audience. And that is exactly what Desiree, Mark Myhre, Natalie Clancy, and Yvette Brend did - the deliberately sought to deceive you.

679.

Wilcott:

So that's the first time,

680.

Capuano:

Mmm hmm.

681.

Wilcott:

That you guys talked about it it was based on the e-mail that he sent you.

682.

Capuano:

Mmm hmm. Yeah where he told me that. Um before that he,

683.

Wilcott:

That's an interesting statement to send in an e-mail,

684.

Capuano:

Yeah.

685.

Wilcott:

Like without,

686.

Capuano:

I thought so too. Well and, and it's a really long e-mail thread back and forth and ah my response to him was basically just listen, none of this has anything to do with Gabe. And I, I will always love Gabe no matter what he chooses to do. Um and he responded with this really long thing um where one of them was um, my ultimate goal is to get you to commit suicide. Um, ah another part of that same e-mail was Gabriel and I talked about it, I would shoot you if I could um and then the last paragraph was um I've explained all of this to Gabriel and he knows that he's a pawn in my plan to destroy your life and he has no issues with it. Um,

687.

Wilcott:

He talked to Gabriel about that?

688.

Capuano:

Yeah. Gabriel knew everything that was going on before I did.

689.

Wilcott:

And what's Gabriel say?

690.

{ V04 - Redacted by Crown Counsel }

691.

{ V04 - Redacted by Crown Counsel }

692.

{ V04 - Redacted by Crown Counsel }

693.

{ V04 - Redacted by Crown Counsel }

694.

{ V04 - Redacted by Crown Counsel }

695.

{ V04 - Redacted by Crown Counsel }

696.

{ V04 - Redacted by Crown Counsel }

697.

{ V04 - Redacted by Crown Counsel }

698.

{ V04 - Redacted by Crown Counsel }

699.

{ V04 - Redacted by Crown Counsel }

700.

Capuano:

I would ask him about certain things like um, whether or not he wanted to visit with me, whether or not you know, some of the things that Richard would say were just awful as a parent. Awful. Um, and ah I would ask Gabriel about those things and he'd be like no mom that's not true. You know.

Nah, I don't beleive it. Knowing Desiree as I do, I refuse to believe she would talk to Gabriel about any of this stuff.

The reason is because she will never do anything which might shatter the delusional fairy tale she's built.

For example, she keeps saying she respects Gabriel's desires and would honor whatever he chooses. So, I tell her to sit down with Gabriel and tell him you respect his desires and whatever he chooses you will support it, and let him choose where he will live.

That immediately ends the conversation between us, then I won't hear from her for a long time, and the conversation with Gabriel never occurs.

She just says whatever nonsense she thinks sounds good at the moment but it means nothing, it's all just lies and manipulation.

701.

Wilcott:

Okay.

702.

Capuano:

Um but he knew about the website, he knew about the e-mails, he knew about all of those things before I did. Um, he also, like when I found out about the punching myself in the stomach thing I brought it up to Gabe he's like yeah I know. And I was like dude seriously. That is just ridiculous. Now I joke around with him um and so when he does something that's dumb cuz kids do, and I'm like, ah man that was probably cuz I punched myself in the stomach [laughing]. And then we laugh.

Critical - THIS IS THE MOST IMPORTANT THING FOR YOU TO KNOW ABOUT DESIREE CAPUANO!

It's in the medical records, from the Harbor-UCLA Medical Center, and the Blue Cross insurance. The doctors asked her what had happened, and she told them she was in the bathroom, punching herself in the stomach to try to force a miscarriage.

The story of her trying to force a miscarriage has been on the website since 2016 The Time I Tried to Force a Miscarriage at 5 Months, Causing My Son to be Born 3 Months Premature and Blind. Thousands of people have seen it. Desiree claims she's been subjected to harassment and threats because of it. Yet, she refuses to request the medical records to prove what really happened.

She says the story about trying to force a miscarriage "is not even in the realm of what is real". She insists she was hemorrhaging because of a car accident she was in a month prior. But if that's the case all she would have to do is get the records from Harbor-UCLA and/or Blue Cross and disclose them. It would take one phone call, maybe a half hour out of her life.

If she were to publish those records and they showed thatI've been lying about her trying to force a miscarriage, that would completely ruin me. It would prove to everybody that I am exactly the monster she and the Canadian news media have been trying to portray me as. She would get a huge amount sympathy and support. And she would have absolutely nothing to lose by it.

Therefore, if the story about punching herself in the stomach to force a miscarriage were not true, she absolutely, unquestionably would have obtained those medical records and publish them long ago!

There's no way she would have passed up the opportunityfor them to be used against me at my sentencing on the criminal harassment charge. And there's absolutely no way she, and the hateful, feminist Canadian news media would pass up the opportunity to use that to show what a despicable person I am.

And I believe the BC prosecutors, police, judges, and the Canadian news media know I'm right about this, otherwise they would also be encouraging her to disclose those records. I believe they already know those records prove I'm telling the truth and that's why none of them ever bring it up.

Desiree adamantly refuses to do that because she knows the records will prove I'm telling the truth and she's lying and that she really is a monster that tried to force a miscarriage five months into her pregnancy which resulted in Gabriel being born 3 months premature and blind in one eye.

703.

Wilcott:

And he takes it as a joke knowing,

704.

Capuano:

Of course,

705.

Wilcott:

Okay.

706.

Capuano:

Yeah no [chuckles]. I was like, listen I mean that's not even within the realm of,

707.

Wilcott:

Yeah.

708.

Capuano:

Real.

709.

Wilcott:

But he believed it for a certain time.

710.

Capuano:

Yeah. Yeah he did.

711.

Wilcott:

Okay.

712.

Capuano:

Yeah he did. Um, [long sigh]

713.

Wilcott:

So,

714.

Capuano:

Yeah.

715.

Wilcott:

You covered the e-mails there about that,

716.

Capuano:

Yeah.

717.

Wilcott:

There's some other things that happen about potentially,

718.

Capuano:

It was,

719.

Wilcott:

The firearms.

720.

Capuano:

Yeah so um he ah, he brought that up right away um it was, it was the summer of 2014 was like July of 2014 when he started using Patrick FOX identity and um, literally like e-mail, e-mail, e-mail, e-mail, e-mail from Richard RIESS and then the next day Patrick FOX e-mail.

721.

Wilcott:

What was his e-mail address?

722.

Capuano:

richardriess, richardriess@gmail.com.

723.

Wilcott:

And then,

724.

Capuano:

It was patrickfox@solaronyx.

725.

Wilcott:

Okay.

726.

Capuano:

Like literally, the next day.

727.

Wilcott:

Yeah.

728.

Capuano:

Right? Um and then two days later it's, I've never been Richard RIESS. I was never that person. Why do you insist on calling me Richard RIESS, I'm Patrick FOX I've always been Patrick FOX. I think Richard RIESS is dead. And I'm like well what. [laughing loudly] What are you talking about. You can't just up and, nope. Apparently you can, if you're him.

729.

Wilcott:

Yeah.

730.

Capuano:

Apparently you can um and one of the first things that he sent me was his gun licence. And he,

731.

Wilcott:

So he actually, that's how you sent me the scanned copy right?

732.

Capuano:

Mmm hmm.

733.

Wilcott:

So,

734.

Capuano:

Yeah he sent it to me.

735.

Wilcott:

You sent me a PDF,

736.

Capuano:

Yeah.

737.

Wilcott:

Document or a PDF copy of his firearms licence.

738.

Capuano:

Yeah.

739.

Wilcott:

Okay.

740.

Capuano:

Yeah. And he sent it to me.

I received the PAL (firearms license) in May 2014.

I sent her a copy of that, along with my BC driver's license, and some other documentation, in November 2014. Six months later. And I sent it to her because six days before Gabriel was scheduled to visit me she was suddenly saying she would only allow him to visit if I could either prove I am Richard Riess, or provide some government documentation showing I legally changed my name from Richard Riess to Patrick Fox.

She's trying to make is seem like I sent her just the firearms license, by itself, and for no apparent reason. That's completely false!

I sent it as just one of multiple identification documents to establish I am, in fact, Patrick Fox; that Patrick Fox is not some fake name or alias. Because she was demanding that in order for Gabriel to visit with me.

And now I want to emphasize this part again, because it is extremely critical: I sent those documents to Desiree because she said if I want to see Gabriel I have to provide her some proof that I am the person she knew as Richard Riess and that I legally changed my name to Patrick Fox!

And this all came up because he started using the Patrick FOX identity.

Everything she says in this block is just total bullshit!

She had full legal and physical custody of Gabriel. She had the sole authority to allow him to go anywhere in the world, and be in the care of anyone she chose.

All this crap she's saying about me not having any documentation to prove I'm Gabriel's father is complete stupidity. As long as she authorized Gabriel to be in my care, whether or not I'm Gabriel's father has no relevance or significance to anything!!!!!

And her statement about custody being all under Richard Riess is nonsense, too. I had already forfeited all my parental rights in July 2014 - there was no custody! She had full legal and physical custody. I had no more rights with respect to Gabriel, than any other stranger on the street.

In case you're wondering why I would forfeit all parental rights: It's because when Gabriel came to visit in the spring of 2014, he repeatedly supported and defended Desiree, and I told him if it were not for the court orders there's no way she would allow us to even talk to each other. He didn't believe me. So I told him I will waive my rights at the next hearing, giving Desiree complete authority and we'll see what happens. And sure enough, as I expected, she gradually cut off all visitation, then all contact.

Capuano:

However, custody is all under Richard RIESS. Um, which means like the visitation approval is for Richard RIESS. Gabriel's birth certificate is listed as the father is Richard RIESS.

741.

Wilcott:

Mmm hmm.

742.

Capuano:

His passport says that the father is Richard RIESS. All of the documentation that ties Gabriel to anything, is under the name Richard RIESS. And so for him to say that he's Patrick FOX and he has no identity in the name Richard RIESS concerned me. Sending my son up to Canada.

743.

Wilcott:

Mmm hmm.

744.

Capuano:

Right? Cuz if anything were to happen, there's no tie between this kid and Patrick FOX.

First, notice the anger and hostility in Desiree's voice whenever she talks about me being Patrick Fox, and not Richard Riess. Weird that my name seems to evoke such outrage from her. But then, with Desiree you never know what emotions are real and what's an act.

If anything were to happen? Like what? I abduct him (you know, like Desiree did in 2011)? If I did that then what difference would it make if my name was Riess or Fox? And if that were to happen, then what Desiree would want would be my current, legal name, not my previous, no longer used name. So her stated concerns are bunk.

Or perhaps she's worried about Gabriel having a medical emergency? Okay, so again, what difference does it make if my name is Fox or Riess? None! What difference does it make if I can prove I'm Gabriel's father? None! So, again, her stated concern is bullshit.

Tell me one scenario in which I would need to be able to prove I am Gabriel's father who has absolutely no parental or custodial rights, while I do have written authorization from the custodial parent to have Gabriel in my care?

You see, this whole drama that Desiree created, six days before Gabriel was scheduled to travel was all nothing! It was just the usual, typical bullshit that Desiree would pull. There was absolutely no legitimate reason for her to demand the documentation linking the name Patrick Fox to Richard Riess to Gabriel Riess, and no legitimate reason to not allow Gabriel to visit in the absence of such documentation.

Um and so I told him that I wasn't gonna send Gabriel to him unless he can provide documentation that he had some identity in the name Richard RIESS. Ah anything um and he asked me if the deportation paperwork would, would be sufficient I said yeah that's fine it has your picture, it has your name. That'll work. That's where he sent me the copy of the deportation paperwork. That e-mail was followed up immediately, with an e-mail says the ugly truth. And talking about how here's his British Columbia ID, here's a paycheck stub with the name Patrick FOX. Here's a birth certificate um says he was born in Florida with the name Patrick FOX and here's his gun licence. Oh and by the way, he's allowed to own guns and shoot guns and he does all the time. And they wouldn't do that if he wasn't actually Patrick FOX. Because he's got this criminal record under Richard RIESS. And so if he just changed his name, legally then his previous criminal record would follow him and they would never give him a gun licence.

This is completely false. That's not what I said at all.

First, I didn't say anything about owning guns and I certainly didn't say anything about shooting guns all the time.

Moreover, both Desiree and the prosecutors have consistently and deliberately misrepresented the content of this email. They claim what I was saying was that by changing my name I was able to hide my background and that's how I was able to pass the PAL application. But that's completely false because:

I included both names on the PAL application. So when the RCMP ran the background check they checked both names. The reason the perjury and false claim of US citizen convictions from Arizona didn't bar me from being approved is because those are not offenses which would bar someone from firearms possession in Canada.
It is clear in the email that what I am saying is the RCMP looked into it and determined I am not the person named Ricky Riess who was arrested in Toronto in 1991. That would be very easy for them to verify because the Toronto Police have that person's mugshot and fingerprints. And regardless of what my name is, my fingerprints don't change. If I was that person then my fingerprints would match the ones the Toronto Police have, but they don't!

745.

Wilcott:

Mmm hmm.

746.

Capuano:

Right so he's always been Patrick FOX. That's basically where that came from.

747.

Wilcott:

For a, a week.

748.

Capuano:

Yeah, no yeah.

749.

Wilcott:

Okay.

750.

Capuano:

For like the last 3 days.

751.

Wilcott:

Yeah.

752.

Capuano:

You, always yeah and then he tried to tell me that back in 2000 um ah that he made all of that up. And that you know he, he hired actors and, and, and staged all of that with his dad. And his mom and, and the person that came down wasn't actually his half-brother. He paid somebody to, like seriously. Really. And but, but he seriously thought that I would buy it. Like pushed it and pushed it which is why I get really bent outta shape at the whole Patrick FOX identity like just literally, up one day.

753.

Wilcott:

Mmm hmm.

754.

Capuano:

And it was like that's, that's, that's it that's who you are um, I hate that ah and it really [laughing], I sent Gabriel to him um and ah filled out all of the minor children for the transferring information.

755.

Wilcott:

Mmm hmm.

756.

Capuano:

Under the name Richard RIESS and when they asked him who his father was he said Patrick FOX. And that just made me so mad. I was like you, you're brainwashing your kid into believing that that's his name. Seriously

757.

Wilcott:

So this is the, you did sent him up the,

758.

Capuano:

I did.

759.

Wilcott:

Again.

760.

Capuano:

Yeah I did.

761.

Wilcott:

And when was that?

762.

Capuano:

Um that was December of 2014. Um, and again it was because I was court ordered to. I was, I was required to provide reasonable visitation and communication between the two of them. That was, that was the court order.

763.

Wilcott:

Mmm hmm.

764.

Capuano:

So I did.

765.

Wilcott:

Was there any issues on that trip?

766.

Capuano:

Ah no.

767.

Wilcott:

Okay.

768.

Capuano:

No there were a lot of e-mails about how I was a horrible mother and Gabriel had turned into his awful and lazy person and ah my response is, Gabriel, stop acting like a teenager. You're freaking your dad out. [laughing loudly] Know what I mean cuz he's 13 years old, 14 years old of course it's gonna, he's gonna be lazy, he's a teenager right, that's what they do.

And here, Desiree demonstrates her ignorance of child psychology, and further proves how bad of a parent she is.

She's reasoning that teenagers are lazy because they're teenagers. As if it's some kind of immutable law of nature.

Some parents unconsciously cause their children to not trust and respect them, by doing things such as:

Knowingly and deliberately teaching the child things that are false (e.g. Santa Clause and the Easter Bunny). The child eventually learns these things are not real, and that, subconsciously, teaches the child that his knowingly deceived him and cannot be trusted.
Imposing rules for which the only stated justificiation is "because I'm your parent and I told you to". This teaches the child NOT to question authority and not to think for himself. It also often has the effect of teaching the child to do things behind the parent's back and to withhold information from the parent. It rarely results in the child actually refraining from doing what the parent prohibited them from doing.
Discouraging the child from asking questions and questioning the parent's authority. This encourages the child to be a mindless sheep.
Telling the child, as long as you're living in my house you'll live by my rules. This is one of my favorits (I'm being sarcastic). All this teaches the child is that if they want freedom to choose, all they have to do is leave their parents.
Not understanding the difference between respect and fear. Many parents don't know, and don't care about the difference. Making a child do something out of fear of being punished is not the same as them doing it out of respect. When it's done out of fear, then once the source of the fear is removed (e.g. they leave home), they will stop doing it.

Not surprisingly, these are all things Desiree does (in addition, of course, to being a pathologically lying, narcissistic, vindictive, sociopath). Her parents did them to her when she was growing up, and it didn't work with her; so now she does it to her children, and it hasn't worked with them either.

Children are, generally, a reflection of the envionment and society they are exposed to. And they will look to others, role models whom they respect, to learn how to act. If they don't respect their parents then they won't use them as role models.

When I was raising Gabriel I always encouraged him to ask questions and to question everything. Whenever I imposed a rule I encouraged him to question it, and there have been times, through such questioning, we concluded a given rule did not have a rational justification, and I rescinded the rule. Whenever he asked about something, I gave him sincere, thoughtful answers. If I didn't know the answer, we'd look it up. I never gave him bullshit answers to make him go away. I respected him and, I believe, he respected me. I can't imagine how difficult it must have been to suddenly, at the snap of Desiree's fingers, to go from that environment to Desiree's harsh, totalitarian, bi-polar regime.

Anyway, this is not about how to raise children, it's about how Desiree Capuano is a lying, manipulating, sociopath, and can't be trusted or believed, and that you should stay as far away from as possible because you never know when she might turn on you and file false allegations against you. So, let's get back to it...

Um, spring ah break of 2015 I kept Gabriel um because I actually took him to go see my dad. Um, his maternal grandfather who he'd never met before.

On January 27, 2015, Gabriel told me he would like to spend his Spring Break with me. I emailed Desiree to request Gabriel be permitted to visit during his Spring Break. I phrased it as:

May you provide your written consent for Gabriel to spend his Spring Break with me in Vancouver?

email dated 2015-01-27

She responded:

The answer to your demand (that was not a request) is no ... Let me repeat that since you never get it the first time. No, Gabriel may NOT visit during his Spring Break...

Reasonable visitation does not mean that I am required to jump whenever you snap your fingers or send Gabriel at every one of his vacations. It is SUPPOSED to be a negotiation.

email dated 2015-01-28

As you see, she is a belligerent asshole who just wants to start fights for no reason.

And on that trip we went down and he got to meet his great grandparents also. Um, and as soon as Richard found out, ah he sent an e-mail bashing my family. Calling them white trash and all kinds of things that were not nice. Um, [long sigh] then ah summer. Summer of 2015 that's when everything really went bad. Um, I moved from { V01 - Redacted by Crown Counsel } with James. Um, ah, I would not give Richard the address. The physical address because one, he lived in a different country. And wasn't allowed in the United States and so there was absolutely no reason for him to have it. And two, because all of my personal information was up on a website and I didn't want this address up on the website.

769.

Wilcott:

Just another thing.

770.

Capuano:

Yeah right. It wasn't even my house you know it was James' house right? Um and so he said that he wasn't actually going to return Gabriel to me at all um he said he was gonna go to the Vancouver um courts and have them override the decision in California and um make sure that I don't, that he didn't have to return Gabriel to me. Um and that the Vancouver court would take over the custody issues and that he would just keep him up there. Um, and I told him that's not how, it works. Um but even the day that Gabriel was supposed to be returning, that day Richard send me an e-mail and said he was not going to send him back.

False! No such email exists. Feel free to check. The date in question is 2015-07-12 emails dated 2015-07-12.

Some of you might argue that in the email sent at 3:29:07pm, I said I was not going to be sending him back. But, of course, you'd be wrong. In that email, I said I would not be "transporting" Gabriel to the airport. Two points:

I did not "transport" Gabriel to the airport, I "accompanied" him to the airport. Words have meanings, and if Desiree's brain wasn't so fried from so many years of chronic pot use she might have noticed what I said. But Desiree doesn't listen to what people say, she hears whatever she wants to hear then accuses the person of saying what she thought she heard.
If she had some concern that I wasn't going to "send Gabriel back to her", why didn't she call Gabriel and ask him what was going on? During that entire summer break, while Gabriel was with me, she called him one time, shortly after his arrival, and that was only because she was mad that he didn't call her to tell her he arrived okay.

Um so I went to the airport not knowing if Gabriel would be on the plane. I had no idea. Um, and of course I had like 3 different [laughing] things mapped out for what to do in case you know one of any situation happened so I had to make sure that I had everything lined up for any eventual possibility you know. Um, Gabriel was back not a week and the address was up on the website. Um, he, Richard actually had ah, a, Gabriel had a cell phone, he had had the cell phone that his dad paid for, for a year and a half. Um and apparently he had been tracking Gabriel through the phone.

771.

Wilcott:

Like a find my iPhone or.

772.

Capuano:

Mmm hmm. Yeah location um found the address, did the reverse look up found out who owned the house.

773.

Wilcott:

Put two and two together?

774.

Capuano:

Yeah.

775.

Wilcott:

Okay.

776.

Capuano:

Yeah and that's how he ended up with the address.

777.

Wilcott:

Does he work like,

778.

Capuano:

Yeah.

779.

Wilcott:

I know we've talked about job like this is, time consuming.

780.

Capuano:

(inaudible) sounds like it's a full time job right?

781.

Wilcott:

Yeah, yeah.

782.

Capuano:

Yeah. Yeah but again he's a programmer. That's what he does.

783.

Wilcott:

Okay.

784.

Capuano:

He writes code. So um he's always on the computer anyway. Um, ah so that's when we called the RCMP. Originally and ah, you know and told them that this was what was going on he sent me that really nasty e-mail about the rash on Gabriel's neck. Um, and I just, I was so done. I was just so tired. So I called the RCMP um, the first ah, Constable that I got um, was not very helpful. Ah and then I called back again very adamant

And here we see, again, how when Desiree doesn't get her way, she just ignores the rules, and does it the way she feels like doing it.

First, she calls the RCMP, and they tell her there's no crime being committed. So she waits a while and calls back, this time embellishing her claims (i.e. lying), so that they will take it seriously.

Although, I would point out there is no record of that supposed first call. The only record is of a call on 2015-07-19 at 9:43am RCMP Report GO 2015-32597, page 13.

Also, she doesn't mention it in here, but there were other complaints she had filed with the RCMP prior to this. One for uttering threats (upon investigating, this was dropped because there were no threats) RCMP Report GO 2015-15750. Another for a "wellbeing check" for Gabriel while he was visiting me (she lead them to believe "her son" was with a stranger who claimed not to know the father/me) (upon investigating, this was dropped as unfounded) RCMP Report GO 2015-29196.

because he just kept sending more stuff and then he was involving other people. And then he started putting James' information up on the website and so I got really mad and so I called back up there and I got a different Constable um who really seemed to um, find it offensive.

Desiree is claiming she called the RCMP on 2015-07-19 and they "weren't very helpful", so she called back again later because I "kept sending stuff". However, the RCMP's records show there was only the one call from Desiree on 2015-07-19 RCMP Report GO 2015-32597, page 13.

So this stuff she's saying about calling a first time is, most likely, a lie.

Also, consider: her supposed second call was received at 9:43am. She's claiming she called a first time, then I kept sending stuff, which provoked her to call a second time. However, the first email I sent on 2015-07-19, was at 9:32am but it was just about her false, unfounded claims that I was "forcibly deported" from the US email dated 2015-07-19. The next email I sent was at 9:41am, and it was pointing out to her that by refusing to keep me informed of where she was keeping Gabriel she was doing exactly what she had falsely accused me of doing for nine years email dated 2015-07-19. I don't see how either of those messages could have been antagonistic enough to make her "really mad".

Then, at 10:05am and 10:56am, I sent her two emails questioning the legitimacy of Pendleton's Security Clearance, given that he's cohabiting with an admitted drug addict who had been committed to a psychiatric hospital email dated 2015-07-19, at 10:05am; 10:56am. But both of those were sent after she made her supposed second call to the RCMP.

So, in other words, again she's just full of shit.

Um and so I started working with him. Um, and ah, in October I went, came down here. And I got the um, actually it was July. It was right around the same time that I, I called the Constable ah the RCMP I came down here and I got the order of protection. Um, he requested a hearing for it, that happened in October of 2015. Ah it got upheld.

785.

Wilcott:

So is that ah was he here for that?

786.

Capuano:

No called over the phone,

787.

Wilcott:

Okay.

788.

Capuano:

He appeared over the phone.

789.

Wilcott:

Ah so Richard requested a ah,

790.

Capuano:

Phone. Yeah.

791.

Wilcott:

Phone hearing.

792.

Capuano:

Mmm hmm yeah um to contest it.

793.

Wilcott:

And were you there?

794.

Capuano:

Yeah. Yeah. Ah James and I were both there.

795.

Wilcott:

And it was upheld?

796.

Capuano:

It was upheld yeah. The um, it's up on his website.

797.

Wilcott:

Mmm hmm.

798.

Capuano:

[chuckles] It's not all of it, he removed a lot of it. Um, det ah Detective MONTOYA actually appeared. Um, he spoke on our defense. We subpoenaed him. James' mother was there um cuz Richard has actually gone to her Linkedin profile and viewed all of her people multiple times um and I for one know what he does with Linkedin. So that's very dangerous.

799.

Wilcott:

Mmm hmm.

800.

Capuano:

Um,

801.

Wilcott:

So in July of,

802.

Capuano:

Mmm hmm. Yeah well July is just when we got the initial.

803.

Wilcott:

Okay,

804.

Capuano:

Um,

805.

Wilcott:

So the order of protection,

806.

Capuano:

Mmm hmm.

807.

Wilcott:

Ah tell me what that is.

808.

Capuano:

Well it basically says that he can't contact me he can't come around me. And he cannot harass me.

But speaking to the public, in a public forum (such as on a website), cannot be considered harassment because in order to be subjected to it she would have to explicitly go to the website.

Arizona law clearly requires that for conduct to constitute harassment it must be "directed at" the person claiming they are being harassed. To that end, it would impossible for my public statements, made in a public forum, and intended to be received by the general public, to amount to harassment Appeal Memorandum, Argument 2, page 7:

ARS §13-2921(E), (For the purposes of this section, "harass" means conduct that is directed at a specific person...);
State v. Brown, 207 Ariz. 231, 234 (Ct. App. 2004), (The focus of the offense of harassment is on the contact between particularized people...)
LaFaro v. Cahill, 203 Ariz. 482, 486 (Ct. App.2002), (Although LaFaro may have overheard a segment of that conversation, Cahill's communication does not satisfy the statutory definition of harassment, which requires a harassing act to be 'directed at' the specific person complaining of harassment... While Cahill was talking about LaFaro and expressing his opinion of the recall effort, his comments were 'directed at' Martelli, not Lafaro.)
Chan v. Ellis, 296 Ga. 838, 854 (2015), (The publication of commentary directed only to the public generally does not amount to "contact"... That a communication is about a particular person does not mean necessarily that it is directed to that person)
Organization for a Better Austin v. Keefe, 402 U.S. 415, 419, (Holding that the distribution of pamphlets containing information harmful to the complainant's reputation, and the complainant's home telephone number, was protected under the First Amendment.)

809.

Wilcott:

Pretty vague.

810.

Capuano:

Pretty vague. Um, and at that point we presented the information that we had but she hadn't heard his side of the story and so it was, it was more so just he can't come around.

811.

Wilcott:

Mmm hmm.

812.

Capuano:

He can't you know be physically near me or um, or really contact me. Ah,

813.

Wilcott:

And at this point he's been two years out of the country.

814.

Capuano:

Mmm hmm.

815.

Wilcott:

(inaudible) almost three years.

816.

Capuano:

Mmm hmm.

817.

Wilcott:

Outta the country so it,

818.

Capuano:

Yeah.

819.

Wilcott:

There isn't much,

820.

Capuano:

Right yeah,

821.

Wilcott:

(inaudible)

822.

Capuano:

And at that point I mean yeah when she says you know you can't come around it's like well that's not really gonna do me any good but, my thinking and my feeling on that was that an order of protection is what is required to take down the website. Right is,

823.

Wilcott:

Yeah.

824.

Capuano:

It's, I need that in order to have any legal basis. To remove any of the things that he's done.

825.

Wilcott:

Sure.

826.

Capuano:

And that's what I needed it for.

And, as always, she is completely wrong about that.

The order of protection has absolutely nothing to do with the website. It won't help her, in any way, to get the website taken down. And it's not a required first step toward getting the website taken down.

I have no idea why she would think this. But Desiree often convinces herself of something that's completely false, then clings to that false belief no matter what contrary proof is shown to her. I believe that's called "delusional".

I mean, the person who owns and controls the website (me) is outside the jurisdiction and authority of the Arizona court. The website is being hosted on a server which is outside the jurisdiction and authority of the Arizona court. I, literally, did not have to comply with a single thing the judge said.

And so while it didn't really help with him coming into contact with me it did help in other ways and that's why we went after it.

827.

Wilcott:

Okay so that's an Arizona State,

828.

Capuano:

Mmm hmm.

829.

Wilcott:

Order of protection.

830.

Capuano:

Right.

831.

Wilcott:

Do you know, if that enforceable in United States,

832.

Capuano:

Yes.

833.

Wilcott:

Wide?

834.

Capuano:

Yes.

835.

Wilcott:

So 'cause that's through

836.

Capuano:

Nationally.

837.

Wilcott:

Is it ah, what's the court level then it would be,

838.

Capuano:

Well so that was a municipal um I got the initial order through the municipal court,

839.

Wilcott:

Yeah.

840.

Capuano:

In October. It was upheld in the municipal court so that's just here. Um, but when it was upheld in October, he was also put on the Brady Index which means he's not allowed to have, possess, own or, or obtain firearms or ammunition or weapons of any kind.

And Desiree's euphoria over me being put on the "Brady Index" is further proof of her incredible stupidity, or her inability to keep track of her lies.

Let's consider this:

Desiree claims she is so relieved I was added to the "Brady Index" because it means I cannot possess firearms.
But it only applies in the US. I was living in Canada at the time so it had absolutely no effect on me. I did not have to surrender my firearms. I continued going to the range just like I always did.
But it's only valid until the order of protection expires, which is one year after it went into effect. Desiree never renewed it, so it expired in October 2017.
Desiree insists I'm an illegal alien. Illegal aliens are prohibited from possessing firearms. So if I'm an illegal alien then I'm already prohibited from possessing firearms and being added to the "Brady Index" means nothing. I think Desiree ignored this fact because she knows I'm not an illegal alien.
Desiree claims I was convicted of perjury. Perjury is a felony. People convicted of felonies are prohibited from possessing firearms. So again, based on Desiree's claims, I'm already also prohibited on this ground. And so, again, being on the "Brady Index" is meaningless. Unless, of course, she expects the perjury conviction is going to be overturned, since I didn't actually commit perjury.

So, as you see, having me added to the "Brady Index" would mean nothing if Desiree's other claims about me were true.

A further clarification, regarding Desiree's statements about me being put on the "Brady Index": I believe she's referring to the "Brady Act" of 1993, not the "Brady Index" (or "Brady List"). The Brady List is a database of information about police misconduct (Brady disclosure - Wikipedia). The Brady Act was about firearms regulations (Brady Handgun Violence Prevention Act - Wikipedia).

But, the Brady Act, as it would apply in this situation, just related to firearms in the context of interstate commerce; and it restricted the sale of firearms by FFL dealers to any person that does not pass the NICS check. It does not affect the transfer of firearms by private sellers, and it does not affect the person's possession of firearms as long as they do not cross state lines with those firearms for the purpose of affecting commerce.

In other words, the Brady Law, in this context, does absolutely nothing to "help" or "protect" Desiree from anything. But regardless, I would never physically harm her anyway (unless in self-defense, blah, blah, blah).

And in fact, I flatly told the judge that the RCMP has advised me that any US order of protection has no legal weight in Canada and that I am not required to surrender my firearms so, I will not be surrendering my firearms. Her only response was: Well, but when you ARE in the US you may not possess firearms at this point TR 2015-12-16 Order of Protection hearing, p32l22-p33l5.

841.

Wilcott:

Mmm hmm.

842.

Capuano:

That's nationwide.

843.

Wilcott:

Okay.

844.

Capuano:

Um in the hearing in October, um, when the judge was presented with all of the information and she got to hear both sides of the story, she actually made a determination that um not only does the order of protection ah handle um him coming into contact with me. But that it does cover the harassment it covers the website it covers all of the things that he's been doing as harassment.

845.

Wilcott:

Okay.

846.

Capuano:

Um and that those are considered ah domestic ah abuse. And that those are covered.

Doesn't she realize this completely contradicts what she said just a few moments ago (at ¶808-810)?

And anyway, it's completely false. The judge said nothing of the sort. And even if the judge had ordered me to stop the website, she had no authority over me because I wasn't in the US and, according to Desiree, I wasn't a US national.

All the judge did order was that I was to not possess any firearms within the US during the duration of the order, and that I not contact Desiree. She stated that she finds clear evidence of domestic violence, in the form of harassment, against Desiree within the one year preceding the order (an order of protection requires that there must have been at least one act of domestic violence within the year preceding the order). But, the judge did not state what constituted that harassment - whether it was statements I made in a particular email, or whether it was anything to do with the website. The judge expressly did not make any reference to the website in her order TR 2015-12-16 Order of Protection hearing, p36l13-19, p37l1-7.

847.

Wilcott:

So that was the updated order.

848.

Capuano:

Yeah, yeah in October.

849.

Wilcott:

October order.

850.

Capuano:

Yeah. Yep um, then ah he contested it again. In Superior Court. Of Arizona.

851.

Wilcott:

That's the highest level right?

852.

Capuano:

Yeah. Yeah besides Supreme at the national federal level.

853.

Wilcott:

Okay.

854.

Capuano:

But I don't think the, I, I don't know um but Superior it is for Arizona.

855.

Wilcott:

Mmm hmm.

856.

Capuano:

But every state can see it.

857.

Wilcott:

Okay.

858.

Capuano:

So they can all see.

859.

Wilcott:

So he contested it again in Superior and what happened then?

860.

Capuano:

Um, well ah, [laughing] that was the hearing that was ah, it was on June 7th. Um, he made no plans to appear by phone. He made no arrangements to appear telephonically.

861.

Wilcott:

Mmm hmm.

862.

Capuano:

Um, but apparently he was already in custody. Cuz he was picked up on the 27th in the United States.

863.

Wilcott:

Mmm hmm.

864.

Capuano:

So ten days before that court hearing he was found in the United States.

865.

Wilcott:

Did that be, did you go through with the hearing?

866.

Capuano:

Mmm hmm.

867.

Wilcott:

And what?

868.

Capuano:

The Judge said that she had more than enough evidence to make a ruling um and that she was upheld, holding um everything that he was absolutely on the Brady Index, that was not gonna change. Um and that everything is now a felony, it's a felony because it's all aggravated

She's talking gibberish again. What's a felony? What does she mean "everything"?

Is she saying that if I don't take down the website that's a felony? What would be the charge? Harassment?

Arizona's harassment statute (ARS 13-2921) articulates the types of conduct which may constitute harassment, and publicly talking about or publicly exposing the bad conduct of the complainant is not included therein. Harassment requires the conduct to be "directed at" the complainant. Communication which is directed at the public, such as that on the website, is not directed at Desiree.

And as far as the aggravated harasment (ARS 13-2921.01) statute, it just says that if you commit harassment against person while an order of protection is in place, then it's aggravated.

he's been told to stop the harassment.

869.

Wilcott:

Mmm hmm.

870.

Capuano:

He's been told that the website is harassment um and that him continuing to keep it up and post on it and update it and use it is aggravated. Harassment. In a Superior court.

871.

Wilcott:

Perfect okay.

872.

Capuano:

Um,

873.

Wilcott:

So we're now, he's been picked up.

874.

Capuano:

Yeah.

875.

Wilcott:

Obviously you've spoke with people since he was picked up um,

876.

Capuano:

Yeah.

877.

Wilcott:

You spoke with my partner Cst. KAM.

878.

Capuano:

Mmm hmm.

879.

Wilcott:

Who took a audio statement from you and then my part, ah my partner Cst. MACKAY over the skype,

880.

Capuano:

Yes.

881.

Wilcott:

We took an audiotaped as well.

882.

Capuano:

Yes.

883.

Wilcott:

Um,

884.

Capuano:

Yeah.

885.

Wilcott:

How do you feel over, knowing what's happened like you know we seized some firearms in,

886.

Capuano:

Mmm hmm.

887.

Wilcott:

Los Angeles just outside Los Angeles in Carson.

888.

Capuano:

Mmm hmm.

889.

Wilcott:

Right?

890.

Capuano:

Mmm hmm.

891.

Wilcott:

Um, you know who they were found ah the house they were found at.

892.

Capuano:

Yep.

In this block, they talk about how me bringing my Canadian firearms back to LA "made her feel".

Fear for safety is the most significant element of the charge of criminal harassment. If the complainant wasn't afraid for her safety as a result of the accused's conduct then it doesn't amount to criminal harassment.

Notice how, in this section, the detective is guiding her into saying she was afraid for her safety. So far, she hasn't actually expressed any fear - just anger, frustration, humiliation - but no fear.

So the detective seizes on the issue of my Canadian guns being found in Los Angeles, to create the false impression that I was intending to harm Desiree with them. But that's ridiculous, for the following reasons:

In addition to the four handguns I bought in Canada while I was living there, I have nine other handguns in the US which I bought while I was living in Arizona. The RCMP and the ATF knew about those guns as well, but they had no legitimate legal basis for seizing them, so they never mentioned them.

The RCMP was only concerned about the guns I bought in Canada because they were the ones that mistakenly issued me the firearms license, so they believed if something did happen, there would be severe consequences for the RCMP email from RCMP Cpl. Frank Grosspietsch to CBSA, dated 2016-06-15.
Desiree didn't even know I owned any handguns in Canada. I've certainly never mentioned it to her. And, she didn't know I had returned to the US until weeks after I had been arrested and detained. Therefore, me being back in the US and having those four handguns in LA could not have contributed to her fear for her safety. All the stuff she's talking about here, happened after I was arrested. For that reason, they have absolutely no relevance to the criminal harassment charge. Prior to the trial, the judge agreed with that and pointed it out to the prosecutor.

For further discussion about how stupid and ridiculous Desiree's claim of being afraid for her safety due to me owning handguns in Canada is, see "The Logistics" section of the article My Ex-Husband Wants to Kill Me! Or, At Least That’s What I Keep Telling People.

893.

Wilcott:

You, we've talked about this how do you feel about that?

894.

Capuano:

Ah, there's, there's a lot of different emotions. There's a lot um, above and beyond anything I am so entirely grateful. That the guns were seized and that he's in custody.

895.

Wilcott:

Mmm hmm.

896.

Capuano:

Above and beyond. Um,

897.

Wilcott:

That's the good.

898.

Capuano:

Yeah that's the good. Like completely like above all,

899.

Wilcott:

Yeah.

900.

Capuano:

That is, but um, confusion, fear.

901.

Wilcott:

Fear's a big one right that,

902.

Capuano:

Fear's, for the first time ever in the course of my life I actually had to come to terms with the fact that at the end of this I might be dead.

903.

Wilcott:

Yeah.

904.

Capuano:

He shipped, he shipped the firearms. To the State next to mine. And was on his way ten days before a court hearing where he knew exactly where I would be, and when. And he'd never made arrangements to appear over the phone. For a hearing he requested.

905.

Wilcott:

Mmm hmm.

906.

Capuano:

[inaudible] was supposed to make of that?

907.

Wilcott:

Yeah.

908.

Capuano:

I, there is no question in my mind that he woulda been here. With the gun. And nobody woulda known. If he had made it past Washington, nobody woulda known.

909.

Wilcott:

Yeah.

910.

Capuano:

Nobody woulda known to check on him. Nobody woulda known until it was too late. I, I'd never been more scared. I was actually at work when I got the call that his apartment was empty. And the guns were, were missing. And I,

911.

Wilcott:

I phoned you ah about that I believe.

912.

Capuano:

KAM. She did.

913.

Wilcott:

Oh she did, ah sorry then.

914.

Capuano:

Yeah.

915.

Wilcott:

Yeah.

916.

Capuano:

Um, I actually had to walk behind a wall. And I fell down and just started hyperventilating. That's,

917.

Wilcott:

You were scared at this point right?

918.

Capuano:

Yeah.

919.

Wilcott:

Yeah.

920.

Capuano:

Um, ah, he, he disappears so easy. He, he knows exactly how to go missing. And how to disappear. He's done it so many times. And,

I've never disappeared in my life.

As soon as I changed my name back to Patrick Fox, I emailed her to inform her of it. I provided her copies of driver's license and PAL. Any time she's asked me for information I've promptly disclosed it.

When I moved to Phoenix, I'm the one that contacted her mother.

I'm the one that kept the family court informed of my current address and contact information.

She's the one that didn't keep the family court informed of her contact information or whereabouts.

She's the one that consistently refuses to share information with me.

She's the one that was missing and absent for nine years.

She's the one that was arrested, convicted, and committed to a psychiatric hospital under a fake name (Virginia Tomlin).

921.

Wilcott:

You've done, you've said now probably 5 times you've seen or?

922.

Capuano:

Easily.

923.

Wilcott:

Yeah.

924.

Capuano:

Easily. When he, sidetrack. When he was here in 2005 in Arizona. He loved Liz. Liz didn't know where he was. He was living with her. Him and Gabe were living with her, in Ari, in, in LA in 2003. And he just left. With Gabe. She had no idea how to get ahold of him. She had no idea where he was, she, he did it to her. He knows exactly how to do so. And given the chance, that's what he's gonna do.

925.

Wilcott:

Mmm hmm.

926.

Capuano:

Um, and what maybe started out as hatred, he's more than welcome to hate me. I don't, I don't care.

It didn't start out as hatred. I tracked down Desiree and contacted her to find out if she'd be interested in hearing about Gabriel and maybe, eventually, being in contact with him, because nine years had passed and I thought, maybe she had matured some. That is clearly not hatred.

And right from the beginning, from her first letter back to me, she was lying and manipulating, to gain my confidence, so she could weasel her way in (she admitted this in her 2011-06-20 letter) and, at the first opportunity, abduct Gabriel, flee to another state with him and get custody by lying to the court that I had been hiding him from her for nine years.

I was the one that supported Gabriel getting in touch with her in 2011.

Clearly, if there was any hatred, it was on the part of Desiree, toward me. Right from the beginning, she was lying and manipulating to get what she wanted, even though I was clearly acting in good faith and with good intentions.

I get it. I don't, I'm not particularly fond of him either. Right? That's fine but that has grown into something so much more. That it, he'd take me out if he could and I know he would.

927.

Wilcott:

Do you think he would hurt Gabriel?

928.

Capuano:

No but I think he would hurt Sage.

929.

Wilcott:

Yeah? Out of,

930.

Capuano:

Spite. Yeah.

931.

Wilcott:

How about James?

932.

Capuano:

He'd probably leave James alone. Because according to him James doesn't really have much to do with this. But me and Sage, yeah. He would.

933.

{ V01 - Redacted by Crown Counsel }

934.

{ V01 - Redacted by Crown Counsel }

935.

{ V01 - Redacted by Crown Counsel }

936.

{ V01 - Redacted by Crown Counsel }

937.

{ V01 - Redacted by Crown Counsel }

938.

Capuano:

{ V01 - Redacted by Crown Counsel } our address is still up on that website.

939.

Wilcott:

Yeah.

940.

Capuano:

And the people that would read that website are the sick people. They're the people that aren't right.

941.

Wilcott:

Yeah.

942.

Capuano:

Right and those would be the people that would try to find him, um and two because that poor kid should not have to deal with this. You know he's been dealing with it every day. Ah basically his entire life you know and it's not fair to him. { V01 - Redacted by Crown Counsel }

943.

Wilcott:

Okay.

944.

Capuano:

So um, sorry.

945.

Wilcott:

That's okay take your time.

946.

Capuano:

Sorry.

947.

Wilcott:

You know what Desiree I think we have a lot here.

948.

Capuano:

Yeah.

949.

Wilcott:

I think we,

950.

Capuano:

[laughing loudly] Good well we're up to date right? [laughing loudly]

951.

Wilcott:

Yeah we're up, (inaudible)

952.

Capuano:

Does it make more sense now? [laughing loudly]

953.

Wilcott:

It does, it makes a lot of sense and I, I, I really appreciate you spending some time,

954.

Capuano:

And I know it's so,

955.

Wilcott:

Talking about this cuz,

956.

Capuano:

It's so back and forth and, and so many things.

957.

Wilcott:

Yeah.

958.

Capuano:

Um,

959.

{ V01 - Redacted by Crown Counsel }

960.

{ V01 - Redacted by Crown Counsel }

961.

{ V01 - Redacted by Crown Counsel }

962.

{ V01 - Redacted by Crown Counsel }

963.

{ V01 - Redacted by Crown Counsel }

964.

{ V01 - Redacted by Crown Counsel }

965.

{ V01 - Redacted by Crown Counsel }

966.

{ V01 - Redacted by Crown Counsel }

967.

{ V01 - Redacted by Crown Counsel }

968.

{ V01 - Redacted by Crown Counsel }

969.

{ V01 - Redacted by Crown Counsel }

970.

Capuano:

So um, yeah. He's already said he won't ever, ever stop.

971.

Wilcott:

Yeah.

972.

Capuano:

And I don't know why. Like there's, there's, I've had more than my fair share of, of fault in this. I, I get that, bad choices, bad decisions, handling things wrong not makin' the right choices. Um and I'm sure I hurt him along the way many times. And ah, um, but I, I don't, this, this, this level um I don't think is normal.

973.

Wilcott:

Yeah there comes a point where you kinda all have to wash away, or wash your hands and say,

I'm so sick of people telling me I should just put it behind me and move on!!!

You can't put something behind you and move on while you're still being subjected to it. As long as I am being forced to live in this shithole country, against my will, how am I supposed to put it behind me? As long as my son wants nothing to do with me (presumably because of what he's seen in the news, and from Desiree), how can I put it behind me? As long as I am unable to get back to my career because of all the lies and misrepresentations about me in the news media, how the fuck am I supposed to put it behind me? As long as I'm not able to return to Los Angeles because the Canadian authorities will issue a warrant for my arrest based on false charges of probation violations and have be sent back to that miserable, fascist, tyrannically feminist cesspool how the God damned fuck am I supposed to move on?

974.

Capuano:

Right.

975.

Wilcott:

We're done.

976.

Capuano:

And I kept telling him, every, like up, up until now even. If he'd just stop and be like alright listen. Went too far, whatever. Takin' the website down, we're cool right?

I love this way of thinking!

If I would just stop! Nobody ever says "if she would just stop".

But since, literally everything, I have done has been in response to what she had initiated, what she means is "if he would just stop responding to my attacks on him".

And by "stop", I presume she means "take down the website". So, I must remove from the internet everything I've said and exposed about her; but she must be allowed to keep on the internet everything she has said about me. All the lies she said in the news media and at the trial must be allowed to remian on the internet, but all the true things I said about her must be removed. That is her idea of fair and reasonable!

And she'll say: "But I have no control over the news media. I can't make them take all those stories down." Well, she should have thought about that before she launched such an extreme attack! And I'm sure she did think about that, she just doesn't care about the harm her actions cause others.

And sorry if it seems like I'm being overly critical of Canadians, but I have come to discover that there is a huge percentage of the population there that thinks exactly as Desiree on these matters. A woman must be allowed to do whatever she wants to a man and the man's only acceptable response is to lie down and take it. I'm not exaggerating. It really is that bad.

Everything goes back to normal.

977.

Wilcott:

Mmm hmm.

978.

Capuano:

I, I, I have no resentment if, if he'd just stop at any point, Gabriel would be going out there for visitation. I've never gone after him for child support. You do your thing, I'll do my thing, that's the joy of being not together. We don't have to.

979.

Wilcott:

Yeah.

980.

Capuano:

We don't have to approve, we don't have to like. Right that's the joy of it. You just handle things the way that you want to up there, I'll handle them down here, we're good. The only thing that we need to, to deal with is, is figuring out transportation for Gabriel that's all. Um at any point along the way all he had to do was stop. That's it. The, just stop and I wouldn't have gone after anything. Nothing. I just don't know why.

981.

Wilcott:

Yeah.

982.

Capuano:

He wouldn't just won't stop and I don't think he ever will. So. That's it. [laughing loudly]

983.

Wilcott:

Thank you. It's ah 15:14 hours we'll just stop the statement now thank you.