FW:

Selena:

Thank you for forwarding me a copy of your disclosure letter. I have, in particular, some concerns regarding items 16 - 18.

Desiree has stated repeatedly - and I believe once in court on September 26, 2011 - that she has only recorded one telephone call between me any Gabriel. On September 26 Judge Hannah ordered her to stop monitoring my conversations with Gabriel. However, I see in your letter that you intend to possibly submit audio recordings and corresponding transcripts of three telephone conversations. One of which occurred AFTER Judge Hannah directed her to desist.

Furthermore, on September 17, 2011 I sent Desiree an email informing her that it was illegal under both Arizona (ARS 13-3005) and California (CPC 632) law to record and/or monitor a person's conversations without their consent. Arizona requires the consent of at least one party and California requires the consent of all parties. Neither I, nor Gabriel, consented to being recorded or monitored. Moreover, the calls were made from California and I, the victim of the offense, was in California at the time so California has jurisdiction and the consent of all parties was required.

In my previous email to her I included the relevant statutes so she cannot claim that she was not aware that it was illegal.

I find her disregard for the laws of California and Arizona and for the Court's orders disturbing and I must insist that you advise her to take these matters more seriously. Allow me to recap:

• In February 2002 the court ordered her NOT to drive cross country with Gabriel, then she immediately did exactly that;
• In August 2011 she lied to the Arizona Court by declaring that there was no pending case in California;
• On September 26, 2011 she lied to the Arizona Court by stating that she only recorded one telephone call and was no longer doing so;
• On September 26, 2011 (and thereafter) she disregarded the Arizona Court's order to stop monitoring my conversations with Gabriel and continued to do so;
• On October 18, 2011 she lied to the California Court by stating that in 2002 the court allowed her to take a day to think over whether she wanted to live in Arizona or Florida and that she informed the court she would reside in Florida;
• On October 18, 2011 she lied to the California Court by stating that she had informed the Arizona Court that the California case was pending at the time the Arizona case commenced.

But, with respect to her recording and monitoring of my calls with Gabriel, both I and Gabriel are very troubled by this and Gabriel is afraid to speak candidly with me on the telephone because he fears that she will listen to the conversation and chastise him for what he might say. I believe, thus far, I have been more than lenient on this matter. I have informed her that I did not intend to seek criminal prosecution if she discontinued the practice and she stated she would stop but your letter makes it obvious that was another lie. It is my intention at this time to contact the District Attorney's office to file and complaint and request prosecution. I have reason to believe that she is still recording my calls and I will not tolerate this any longer.

I request that you immediately provide me a copy of the audio recordings and transcripts referenced in your letter, as well as a copy of all other recordings Desiree has made of any of my conversations with Gabriel wherein any party to the call was in California at the time of the call. I also notify you that due to my intention to seek criminal, and possibly civil, prosecution any such recordings are considered evidence and must not be destroyed or tampered with.

I thank you for your time and I look forward to receiving your reply and the requested materials.