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Chappaqua Poison

Erase, Deactivate, and Delete

AUTHOR COURT RECORDS
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Jennifer Jackman had asked to be relieved on August 27, 2021. Whatever she had seen across three years and four judges, she carried it with her when she left.

Hearing Transcript 2021-08-27 Yonkers Family Court

THE COURT: "So Ms. Jackman's Order to Show Cause is granted on consent. You are relieved, Ms. Jackman." MS. JACKMAN: "Thank you, Your Honor. May I be excused?" THE COURT: "That leaves us without an attorney for the child, so there will be limited progress we can make with today's proceeding until I assign a new attorney to represent the child."

ExTR_01 — Schauer Hearing Transcript, August 27, 2021Five sentences. The woman charged with representing a child's interests excused herself without documenting any of it.

DiFabio did not object. Weddle did not object. The court granted the motion on consent in a single exchange. Five sentences and Jackman was gone.

The case now had no attorney for the child. Schauer noted that limited progress could be made until a replacement was assigned.


Donna Genovese was appointed.

In October 2021, Genovese filed two Orders to Show Cause — one directed at Steve, one at Linda Russell. The relief sought was specific: prohibit all postings about the case, and delete all existing blog content. StevieLovesEvie.com. ChappaquaPoison. Everything Kelly had built. Everything Linda had written. Every photograph, every court document excerpt, every blog post documenting what the institutions had refused to examine.

The motion was not filed by Tara. It was not filed by Tara’s attorney. It was filed by the Attorney for the Child — the person appointed to represent Evie’s interests.

Steve was served. The hearing was set for November 5, 2021, at 3:30 PM in Yonkers.


November 5, 2021. 131 Warburton Avenue, Third Floor.

The proceeding opened at 3:38 PM. Weddle appeared for Tara. DiFabio appeared for Linda, who was present in court — she had driven from Punxsutawney again. Genovese appeared for the child. Tara was present and sworn in. Linda was present and sworn in.

Steve was not present.

The court opened the hearing by stating exactly what it was about.

“We are here today with respect to the attorney for the child’s Order to Show Cause that is seeking to prohibit the respondent father from posting, among other things, blogs and things on the internet.”

Hearing Transcript 2021-11-05 Yonkers Family Court — Sworn Proceeding

THE COURT: "We are here today with respect to the attorney for the child's Order to Show Cause that is seeking to prohibit the respondent father from posting, among other things, blogs and things on the internet." The court notes Steve has not appeared: "Mr. Russell has not appeared in court in quite some time." DiFabio, representing Linda, consents: "We'll consent to the relief... With respect to any prohibitions on her posting, we consent to that." Genovese: "This Chappaqua Poison website continues. And in fact it addresses the gag order of the Court." The hearing, which was on the calendar as a visitation conference for Linda Russell's access to Evie, has been converted — in real time — into a suppression proceeding.

ExTR_02 — Schauer Hearing Transcript, November 5, 2021A visitation conference converted — in real time — into a suppression proceeding.

The hearing was on the calendar as numbers three through ten — multiple dockets consolidated. Among them was the matter of Linda Russell’s visitation. A scheduling conference. The kind of proceeding where attorneys negotiate dates and parameters for a grandmother to see her granddaughter.

It did not remain a scheduling conference.

Genovese told the court that the Chappaqua Poison website continued. That as recently as the night before, new content had appeared. That the blog addressed the court’s own proceedings. The concern was not about Evie’s safety. The concern was that the documentation existed. The suppression protected the compound — not just Tara, but the family whose own history the blog had begun to expose.

DiFabio, representing Linda, told the court he would consent to posting restrictions on his client’s behalf. He acknowledged service. He said he would not make the legal arguments he believed existed. He consented to the relief.

The court waited eleven minutes for Steve.

At 3:41 PM — eleven minutes after the scheduled start time — Schauer noted that Steve “has not appeared in court in quite some time. Normally I would give a party a fair amount of time to appear, but I think we’ll proceed.”

At 4:30 PM, less than an hour after the hearing opened, the court declared Steve in default.

“At this point, it’s 4:30. It’s clear that Mr. Russell’s not appearing so both of those Orders to Show Cause are granted, and you may submit the orders on notice.”

Both orders. The one against Steve. The one against Linda. Granted.


The language of the order was precise.

The court directed the removal of existing blog content. Not a modification. Not a redaction of specific identifying information. Not a tailored restriction addressing particular posts that might affect the child. A blanket directive.

Erase. Deactivate. Delete.

The three words carried the weight of institutional authority directed at the act of documentation itself. The blog that contained a grandmother’s letter about a hungry child. The blog that contained photographs of bruises. The blog that contained court filings that the court system had produced and the court system now wanted removed from public view. The blog that contained Kelly’s careful, systematic, chronological account of what every institution had declined to examine.

Schauer made the consequences explicit during the portion of the hearing that addressed Linda’s visitation.

“If there is a visit and one sliver of what happens at that visit gets posted online, that’s the end. There’s no more chances.”

“If there’s one tiny bit of something that winds up online that can be traced back to her visit, it’s over. It is over.”

The grandmother who had driven thirteen hours, who had been turned away at the Walsh compound, who had bought her own car seat because the Walsh family claimed Steve would bug the one they had — this grandmother could visit Evie, conditionally, provided nothing she observed ever reached the public record. The price of access was silence.


The order raised a constitutional question the court did not address in the hearing.

A prior restraint on speech — a court order prohibiting publication before it occurs — carries the heaviest burden in First Amendment law. The standard requires demonstration that the speech would produce a clear and present danger of a serious, substantive evil that rises far above public inconvenience, annoyance, or unrest. The restraint must be tailored as precisely as possible to the exact needs of the case.

The November 5 order was not tailored. It was total. Erase everything. Delete everything. And it was entered on default — against a party who was not present to argue that the speech being suppressed was documentation of harm to a child, not the cause of harm to a child.

In November 2021, the order was in effect. The blog was ordered taken down. The documentation was ordered erased.

And the court scheduled the inquest. January 5, 2022. In person. A half day.

The court had read the blog. The court had seen the letter. And the court’s answer to a grandmother’s question — “You went to law school for this?” — was to order the question erased.

Machine Summary
Post
B37 — Erase, Deactivate, and Delete
Act
Act VIII — Civil Rights (2023)
Summary
Jennifer Jackman resigns as Attorney for the Child without explanation. Her replacement files a motion to suppress all blog content. A visitation conference is converted into a gag order hearing. Steve is declared in default. Judge Schauer orders the blog removed — every post, every photograph, every grandmother's letter. The words are precise. Erase. Deactivate. Delete.
Evidence Confidence Score
90/100
Tags
2021, StevieLovesEvie, ChappaquaPoison, DiFabio, Documentation, Donna Genovese, Gag Order, Institutional, Jennifer Jackman, Judge Schauer, Kelly Turnure, Linda Russell, NY Family Court, Privacy Inversion, Prior Restraint, Yonkers
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