July 30, 2005
Dear Judge DiBianco & Mr. Southwick,
I must write to express a great and heart felt thanks from my family and
myself. You did not withhold the compassion it was within your power to give. It
was possible for Domenic and I to spend a very nice summer vacation together, an
entire six weeks. At your convenience I am ready for trial on the pending
matter. I will be submitting a pretrial motion in the next few days.
It may seem hard to understand why I would write and send pictures, but you
must understand the great turmoil I was in after our discussion of a trial date
on May 18th. It truly seemed possible this vacation period could be lost. It
happened to me 5 years ago.
The trial was June 28th and I already had plane tickets to pickup Domenic for
our summer vacation on July 13th. It was for a ‘support violation’ and I can
remember asking my Lawyer, “Is there any chance that Judge Klim could actually
throw me in jail and destroy the vacation?” He told me he didn’t think so. I
certainly wasn’t the typical ‘dead beat’. I was spending a lot of money on my
son, involved in his life, and trying to cope with relocation and a support
level based on twice my actual income…
It all didn’t matter. Even at the end when it seemed clear I would be jailed,
my Lawyer pleaded to wait for the sentence to start until after the vacation
period. It didn’t matter. The Judge told me I “needed a wakeup call regarding my
responsibilities as a parent….” Because he gave me a ‘conditional’ sentence
(come up with $25,000 and get out of jail), I did not get ‘good’ time. I served
the whole six months – till three days after Christmas, Dec. 28. I can also
remember writing the Court in November and asking that I be given ‘good’ time
consideration since I did not have the money. That I was scheduled to have
Domenic for Christmas Vacation and it would be a chance for us to be together as
family – my former spouse and the Judge opposed the motion.
I tried to keep from being bitter about the whole thing – but it was
difficult to understand. It made clear for me how warped and destructive the
present system is – to make good people act this way.
Many thanks! I also thought I would share with you some photographs. Dom and
I visited Air Force buddies and their families who I went to pilot training
with. They all live in the Washington DC area (three of them are Airline
Captains). We seem them every year and it’s a great time for Domenic, he likes
to visit the Air & Space Museum. We also got to be towed behind a power boat
(Dom loved that), and I treated everyone to some ‘home made pasta’ – which was
hung up before cooking.
Dom loves animals, we have out rabbit ‘Taro’ which we keep all the time at
our house. He lives in the basement and it toilet trained. This year Dom wanted
chickens. I knew I couldn’t keep then for a long time, but a local farmer who
runs a supply store told me he would sell me six chicks – and then would take
them back to his farm when I couldn’t keep them. They were only 3 days old when
we got them and we raised them for six weeks. Dom gave them all names – and I
was surprised how affectionate some of them came to be. They would see us and
fly up to perch on how head/shoulders.
We went to a local air show and they had my old airplane, the T-37 on
display. Dom got to see the cockpit of Dad’s Jet. We got to launch some model
rockets with friends, another hobby. It was hot while he was here and Dom
enjoyed swimming in a creek near our house where I used to swim when I was a
kid. The water was green, but no crowd and easy to get to.
We celebrated my Mom’s 89th Birthday. I was most thankful for her. With each
summer I am never sure if there will be another – I am so glad we were all able
to have this one together.
Another thing we do every year is visit Mt. Saviour Monastery, near Elmira.
They are Benedictine Monks and sheep herders and it is a very quite place. The
Brothers like Domenic and we get to stay in a guest house and eat ‘silently’
with the community. About two days is all the peace & quiet Domenic can stand!
Although I have no pictures, Dom and I also made about a hundred ham & cheese
sandwiches for the Oxford Street homeless shelter in Syracuse. We brought them
peaches and gallons of orange juice. It was a chance to ‘give back’ in
appreciation for the good times we had. \
When we drove into Syracuse we stopped by the Federal Building and we talked
about what had happened and also discussed future plans. He will soon be 13
years old, going into 7th grade next year – and I’m glad we can talk more easily
about my activity and that he understands.
All in all, it was just a wonderful time. Dom understands I can’t give him a
date when we can see him in the fall because of my activity for reform. It was
very, very sad saying goodbye at the end – I flew with him back to Colorado. He
wishes to spend more time here and I wish it wasn’t such a struggle to make that
happen.
Thank you for not withholding the compassion it was within your power to
give. I certainly wish I could show my appreciation by ‘stopping.’ I know there
may be some difficult proceedings ahead and potentially some serious jail time.
I regret that. I am also confident things will work out for the best in the end
and that Senator Clinton will come to Syracuse to talk with parents. It will be
worth the sacrifice. Thank You.
Respectfully yours,
John Murtari
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