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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. She had been the Attorney for the Child since the case arrived in Westchester — across four judges, three courthouses, the bruises, the ambush, the defaults, the revolving supervisors. She had seen the laboratory reports. She had received Steve’s correspondence about the poisoning evidence. She had watched the case file grow into the largest Schauer had ever encountered.

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."

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. Jackman gathered her file from the counsel table and walked out. No final report. No memorandum. The door closed and the room was quieter by one attorney and the absence of everything she had declined to say.

The case now had no attorney for the child. Schauer noted that limited progress could be made until a replacement was assigned. Seventy days would pass without an attorney for the child — seventy days in which no one was designated to ask what the child wanted.


Donna Genovese was appointed as the replacement Attorney for the Child.

Genovese had spent thirty-five years in Westchester family law. She was a Fellow of the American Academy of Matrimonial Lawyers and certified for the Attorney for the Child Panel by the Appellate Division, Second Department — the same panel that Cambareri screened, the same roster that had produced Jackman. The pipeline did not pause when one of its attorneys departed. It produced the next one from the same inventory.

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.

Among the papers filed in support of the suppression was a sworn declaration from Walsh Sr., signed October 7, 2021, in Chappaqua. The declaration was filed. The motion went forward. The hearing was set.

Walsh Sr.’s declaration denied what it admitted. It said the depositions never happened. It said the questions were not relevant to any actions witnessed in California. It said the family was highly upset and felt harassed. And then it said: “I do not think there is any merit to any of his accusations against my daughter, Tara.”

The document did not explain how the depositions could be both irrelevant and harassing — if the questions were not relevant, they could not have been harassing; if they were harassing, they were relevant enough to cause distress. The signature was at the bottom of page two, under the penalty of perjury, under the laws of the State of California and the State of New York. A sworn statement denying what a sworn signature would later confirm. The declaration was filed. The motion went forward. The hearing was set.


November 5, 2021. 131 Warburton Avenue, Third Floor. The same courtroom, the same fluorescent lights, the same bench.

The proceeding opened at 3:38 PM. Weddle appeared for Tara. DiFabio appeared for Linda — not for Steve, for Linda — who was present in court. She had driven from Punxsutawney again, six and a half hours each way, and she was sitting in the gallery in a courtroom in Yonkers because the case had consumed her family and there was no version of being a good mother and grandmother that did not include being in the room where the decisions were made. Genovese appeared for the child.

Steve was not present. He was in California, three thousand miles from the courtroom where the order to suppress his documentation was about to be entered on default.

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.

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 — eight dockets consolidated into a single afternoon in Part 17. 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.

The court officer swore in the parties. Tara stood, raised her right hand, and when asked for her name and address for the record, gave her name and said her address was confidential. The court officer turned to Linda. Linda stood, raised her right hand, and when asked for her name and address, said: Linda Russell, 407 East Mohoning Street, Apartment 425, Punxsutawney, Pennsylvania, 15767. The woman who had driven six and a half hours gave the court her apartment number. The woman who lived twenty minutes away gave the court nothing.

Both were sworn. Both were seated. The court opened the hearing.

DiFabio spoke next. He acknowledged service of the order to show cause. And then he said what he had come to say.

“I’m not going to — I’m going to — I’m not going to make the legal arguments that I think the order’s in effect. Notwithstanding that, we’ll consent to the relief.”

The stammer mattered. DiFabio knew the legal arguments existed — prior restraint, the constitutional weight of suppressing speech before it occurs. He was telling the court, in the same sentence, that the arguments were there and that he would not make them. He was consenting to the relief. His client was sitting in the gallery.

The court noted that Steve had not appeared. It was 3:41 — eleven minutes past the scheduled start. “Normally I would give a party a fair amount of time to appear, but I think we’ll proceed.”

What followed was Tara’s financial disclosure. Weddle told the court that Tara had depleted her life savings — $120,000 — paying for private counsel. Her income was roughly $40,000 a year. The court pointed out that with child support, her total income was $100,000. Weddle said child support was not income. They went back and forth. The court held off on the question.

Then Genovese spoke. She adjusted her mask — “sorry with the mask” — and told the court what she had found that morning. The Chappaqua Poison website continued. There were new postings as recently as November 4. The blog addressed the court’s own gag order. She wanted the postings stopped.

DiFabio asked to respond. He separated his client from the blog. “I’d like to focus on my client, Linda Russell, not Mr. Russell. Ms. Russell has nothing whatsoever to do with any posting, any Chappaqua Poison or anything of the sort.” Then he made the case for the grandmother he had already consented away.

“She’s capable. She’s a nurse, a retired nurse. She’s raised children. You can see her demeanor. She’s not a monster. She huffs it all the way up here from Pennsylvania to do this.”

Weddle was not reassured. He told the court that Steve’s actions had been erratic, irrational, unpredictable, frankly contrary to his own best interests. The concern was not about Linda. The concern was about Steve through Linda — that the grandmother could not be trusted to keep her son away from his daughter.

The court agreed with the concern and named it.

“I am concerned that your client is controlled or bullied or fearful of Mr. Russell, and —”

Linda stood. She interrupted from the gallery, her voice cutting across the courtroom.

“I’m not — I’m not —”

The judge was telling the room that the grandmother was controlled by her son, and the grandmother was answering. The sentence didn’t finish. The transcript records it as inaudible. Schauer continued past the interruption as though Linda had not spoken, as though the woman sitting in the courtroom, the woman whose attorney had just consented her into silence, did not have the right to speak her own objection to the characterization of her.

“— that she can’t control him.”

Schauer laid out the conditions. If there were to be visits, they would be conditioned. If one sliver of what happened at a visit got posted online, the visits would end. The court would find it was not in Evie’s best interest to have any contact with this grandmother.

DiFabio said he agreed with the conditions. Then Schauer said it thought Ms. Genovese would agree. And the court was waiting for Genovese’s assent when Linda spoke again.

“So would I.”

Two words from the gallery. The grandmother who had been consented over, who had heard her attorney agree to suppress her voice, was now agreeing with the court’s conditions. She was trying to participate in the proceeding that was being conducted over her. She was offering her own consent to terms her attorney had already consented to on her behalf.

DiFabio asked for once-a-month visits. Linda would call Tara, give reasonable notice, come up from Pennsylvania for a few hours after school or on a weekend. Something simple. The attorney advocating for the grandmother who had driven across the country to be in this room.

“Or less.”

The third interjection came as DiFabio finished. Linda was asking for less than what her own attorney was requesting. The grandmother was bargaining herself down, offering the court the smallest possible claim on the child she had driven thirteen hours to see. Once a month, DiFabio had said. Or less, Linda said.

“That would be wise,” the court said.

“Sometimes I am,” DiFabio said.

DiFabio had once been willing to fight. He had filed a Petition for Enforcement on Steve’s behalf, challenged the court’s unilateral decisions, pushed back on the rotating judges. The court’s response was structural. Judge Gordon-Oliver blanket-recused from all DiFabio cases — not just Steve’s, all of them. A second judge followed. A third. The blanket recusals eliminated roughly a third of DiFabio’s Westchester Family Court practice. The stick was not subtle: represent this client, lose your other clients.

During the case, a Democratic Party official approached Steve directly and asked for $30,000. Steve told DiFabio. DiFabio’s response was not surprise. That’s how things are done in Westchester. The attorney who knew the constitutional arguments existed and chose not to raise them also knew how the local political apparatus worked and did not pretend otherwise. The $30,000 was never paid. The request was never repeated. But the fact of it — the party’s fundraising arm intersecting with active litigation, the attorney unsurprised — illuminated the room in which the consent was given.

DiFabio stopped representing Steve. He consented to the gag order on Linda’s behalf. And in the years that followed, the Westchester County Democratic Committee — the same organization that had renominated Horowitz after her censure — endorsed Max DiFabio for Town of Rye Justice Court. He took the bench. The attorney who had been punished for challenging the court was absorbed into it. A judge cannot represent clients.

At 4:01, the court asked the parties to step out so the lawyers could stay on for a conference. Off the record. The fluorescent lights. The hallway. Twenty-nine minutes.

At 4:29, they came back.

At 4:30 — fifty-eight seconds after the record resumed — 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 grandmother who was sitting in the room, who had driven from Punxsutawney, whose attorney had consented on her behalf — her order was granted too. She was present. She had spoken three times. She had agreed. And she was defaulted alongside the person who was absent.


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.

StevieLovesEvie had been built by Kelly Turnure — Steve’s partner, a woman with no custody claim, no legal standing, no obligation to any of it — over months of careful, systematic work. One hundred and forty-six blog posts, organized into four hardbound volumes on a shelf in Steve’s house. The blog contained nanny incident reports from the period when Evie was in the Walshes’ care. It contained photographs of bruises on a child’s body. It contained Kelly’s written accounts of supervised visits — what Evie said, what Evie ate, whether Evie seemed afraid. It contained court filings that the court system had generated and that the court system now wanted removed from public view. It contained a grandmother’s letters to judges.

The order did not distinguish between the grandmother’s letters and the bruise photographs. It did not carve out the nanny reports or the visit documentation. It directed the removal of all existing blog content. The word was “erase.” The four volumes on the shelf. The act of building them. The fact that someone had thought the evidence deserved not just documentation but permanence, binding, arrangement — erase.

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
Chapter
B37 — Erase, Deactivate, and Delete
Act
Act VII — The Jury (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
Related Chapters
B10, B24, B25