Family Court

How Judge Tindill turned CT Family Court Into Debtor’s Prison Jailing Mother When a Simple Court Order Would Have Settled the Finances

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by
Frank Parlato
Frank Parlato

The Jailing of a Mother

On August 14, in the Judicial District of Stamford/Norwalk, at the courthouse for the Regional Family Trial Docket in Middletown, Connecticut, Superior Court Judge Erika Tindill decided to jail a mother for not reimbursing her ex-husband’s attorney’s fees.

On March 6, Judge Tindill ordered Naidoo to pay the father’s attorney Gary I. Cohen of Stamford, Connecticut, $37,512.50, by July 26, 2024. She had not paid.

The father is Vipul Kumar of Bedford, New York. He didn’t want his ex-wife incarcerated.

Representing the mother, Nishani Naidoo, was Karen Zak of Glastonbury, Connecticut. Naidoo lives with their two children, 11 and 14, in Old Greenwich, Connecticut. The divorce and custody case was resolved earlier this year.

The hearing was on August 14, 2024 and began at 11:30 AM.

 

Excerpts from the transcripts:

THE COURT: … Okay. Ms. Naidoo, how would you like to proceed?…

THE DEFENDANT: … Mr. Cohen’s already been paid $83,539 and an additional 54,000… Your Honor, you simply awarded him $35,000 (more) in legal fees. There was no finding that (her ex husband Kumar) could not pay his fees or that I had caused the additional legal fees.

THE COURT: Those arguments sound like what you would be putting in your brief and arguing to the Appellate Court.

THE DEFENDANT: …I am not able to pay those fees, your Honor…

THE COURT: The Court… made a determination that you could, in fact, pay that amount…. This is where you explain to the Court why… I should stay the proceedings (to consider Naidoo’s arrest).

THE DEFENDANT: Your Honor, because I’m not in contempt of your order.

THE COURT:… Not only did I find you in contempt, I ordered you to make a payment that you failed to pay.

THE DEFENDANT:… It is not that I do not want to pay… I offered to pay (Attorney Cohen a partial payment of) $2,500 on my credit card, which is the maximum I could charge.

THE COURT: And did you do that?


THE DEFENDANT: …he said no, you must appear in court to answer to the judge.

THE COURT: So, what stopped you from paying?

THE DEFENDANT: Because he said that he wasn’t going to accept it. He said that he wanted the full payment, he wanted the lump sum payment….

THE COURT: Is there anything else you want to tell me about why I should stay the proceedings?

THE DEFENDANT:  I’m. I’m, I’m unable to make the payment and I’ve been working really hard to get the money.

THE COURT: Tell me about those efforts.

THE DEFENDANT:… I cannot liquidate any of the retirement accounts, they’re all 401(k)s, and you need a court order… I cannot do that. The only other asset that I have… is the apartment (real estate she obtained in the divorce settlement)…

THE COURT:… What are the other efforts that you have made to comply with the court order…?

THE DEFENDANT: …to sell that apartment as soon as possible….

THE COURT: Is it on the market?

THE DEFENDANT:…- we put it on the market. Within two weeks, we got an offer. I accepted (the offer).

THE COURT: So, you don’t have a closing date?

THE DEFENDANT:…everything is signed…

THE COURT: Other than trying to sell the property, what other efforts have you made to comply with my order?

THE DEFENDANT: I don’t know how else to get money, Your Honor.

THE COURT: Have you asked friends or family to borrow money?

THE DEFENDANT: I have.

THE COURT: Who have you asked?

THE DEFENDANT: I’ve asked my sister, and she’s already lent me a lot of money.

THE COURT: So, she said no?

THE DEFENDANT: She said no.

THE COURT: Who else did you ask?

THE DEFENDANT: I’ve asked several of my friends and…

THE COURT: They all said no?

THE DEFENDANT: Right. Because everyone said that if your apartment’s going to be sold in four weeks, why do we have to lend you the money?

THE COURT: Because the judge told you to pay by a certain date and you don’t have four weeks, that would be the answer.

THE DEFENDANT: So, I don’t have the money, Your Honor.

THE COURT: Anything else you want to tell me?

THE DEFENDANT: That I’m trying my best to raise the money and that’s what I asked in my motion for continuance. I said, please give me the time.

THE COURT: And I denied that, yeah

THE DEFENDANT: I know, Your Honor, but I asked you, I begged you.

THE COURT: Yes, and… after you begged me…I denied it. What you don’t seem to understand is that this is a court of law. This is not negotiations…

THE DEFENDANT: I don’t know how to raise $37,000 in a short time frame, Your Honor.

THE COURT (turning to the father’s attorney): Okay. Attorney Cohen, is there anything that you would like to tell the Court…

ATTY. COHEN:… – I believe the defendant’s claim that she cannot access her own 401(k) in the absence of a court order is simply not correct as a matter of law.

THE COURT: I’m aware. …

THE COURT: All right. I presume, Attorney Cohen… that you’re opposing any stay (to slow down the incarceration of the mother).

ATTY. COHEN: Yes, ma’am.

Stamford, CT Attorney Gary I. Cohen

Stamford, CT Attorney Gary I. Cohen

Stamford, CT Attorney Gary I. Cohen…

THE COURT: Did you receive the money from your husband’s retirement accounts that I ordered? …

THE DEFENDANT: I received them, Your Honor. They can only be transferred with a court order. …

THE COURT: Is there anything else you want to tell me regarding the stay?  …

THE DEFENDANT: I did everything I could, Your Honor, to get .. the apartment ready for sale as soon as possible, to put it on the market as soon as possible, to get the contract as soon as possible, so that I could get the money as soon as possible to pay (attorney Cohen).

THE COURT:…The Court finds… the defendant has failed… to even make a partial payment, and continues to ask the Court (for) an extension of time which the Court has repeatedly denied… (addressing Naidoo’s attorney) Now, Attorney Zak… why it is that your client should not be incarcerated today for failure to abide by my orders?

Karen Zak thanked the judge profusely and repeatedly for her good offices.

Naidoo was sworn by the clerk:

ATTY. ZAK: Ms. Naidoo, what is your current work situation?

A: I am unemployed.

Q: Up until this week where were you employed?

A: At Stuart B. Ratner, P.C.

 Q: And you have an email between yourself and Attorney Cohen, correct?

 A: I… I sent him an email in May… where I told him that I would pay him as soon as the apartment (is sold). … And rather than responding to that, he filed a motion for contempt…. And then (I) offered to pay him $2,500, which is the maximum I could charge on my credit card and (pay) the rest as soon as the apartment sale closed.

ATTY. ZAK: … what else have you done to try to raise funds or make payments to Attorney Cohen or to the plaintiff?

A: I’ve asked friends and family… And I’ve done everything I could to sell the apartment as soon as possible. I’ve done everything in my power to list it as soon as possible. I accepted whatever the first offer was. And I’ve done everything in my power to get the money so that I can pay this …  I have $46 in my bank account and I have lost my job….

 THE COURT: Attorney Zak, any other questions? I heard her the first five times she told me that.

ATTY. ZAK: – I just have one, maybe two more questions, Your Honor.

ATTY. ZAK: And so your understanding is that this condo, this apartment, is under contract?

A: Yes.

Q: Okay. And does it have any sort of anticipated closing date on the contract?

A: They want to close after Labor Day. (Three weeks from the court date)

ATTY. ZAK: I don’t have anything further, Your Honor. …

THE COURT: Attorney Cohen, do you have any questions for Ms. Naidoo?

ATTY. COHEN (he had no questions just a desire for her incarceration) … The time for compliance is over…. The defendant has retirement accounts upon which under federal law she may borrow up to $50,000. And since COVID rules were enacted, I believe she has up to five years to repay it.

THE COURT (agreeing): Under the CARES Act.

ATTY. COHEN: She can pay it (back) when she sells the apartment… She can tap into her retirement accounts right now for up to $50,000 which would give her immediate liquidity to cure her defaults owed to the plaintiff.

THE COURT: Well, she hasn’t said this, but I presume for reasons unknown to me that Ms. Naidoo has chosen not to do that. …

ATTY. ZAK asking Naidoo:

Q: In regards to taking a loan against the 401(k), have you attempted to do that?

A: Yes. They said I couldn’t. …

ATTY. COHEN (not interested in having anything on the record that might slow down the incarceration): Objection, Your Honor, that’s obvious hearsay.

THE WITNESS: Well, I did try to, but I was not allowed to. I did not –

THE COURT (uninterested in any delay): Okay. Ms. Naidoo, anything else you want to tell me?

THE DEFENDANT: I am trying to pay.

THE COURT: Anything different you want to tell me?

THE DEFENDANT: I am doing everything I can to pay, Your Honor.

THE COURT: That’s not different, ma’am. That’s not different. I heard you the first six times you told me that. Is there anything different that you haven’t told me already that you want to tell me about why I should not incarcerate you for failing to obey my order?

THE DEFENDANT: Because I have tried everything I can, Your Honor. And if there is something you think that I haven’t tried I am happy to try it.

THE COURT (ignoring that Attorney Cohen refused to take her partial payment) :… the defendant has failed to pay even a partial payment.  She continues to have the ability to pay… (ordering her arrest) So I commit you, Ms. Naidoo, to the Commissioner of Correction. You will have a cash purge… of $15,000.

(A cash purge in CT Family Court is an amount of money that a person must pay to be released from jail after being held in contempt of court for failing to pay child support. It was somewhat novel to use it for pay for an attorney’s legal fees.)

The COURT: We need to set down a purge review date …. Attorney Zak, your — and Attorney Cohen, your availability…

ATTY. COHEN (concerned about the $125 his client had to pay for an Uber to get to court and desirous of making sure Naidoo paid it): Your Honor, may I also ask if Your Honor would consider an order that the plaintiff, who as you know, is not permitted to drive… may be made whole (by Naidoo) for the cost of his having to get to court in connection with the defendant’s default…

As the Marshal stood by waiting to handcuff, and shackle Naidoo, Judge Tindill turned her attention to Kumar’s Uber costs, which after dues deliberations were determined to be $125 round trip.

Naidoo’s attorney interrupted:

ATTY. ZAK: Your Honor … is the Court inclined to stay incarceration for one week for Ms. Naidoo to bring in…

THE COURT: Nope.

ATTY. ZAK: Thank you.

THE COURT: I am not. She has had plenty of time.

ATTY. ZAK: Thank you…

THE COURT (adding to Naidoo’s purge the $125 it cost Kumar to Uber, the judge added) Mr. Kumar would not have incurred that expense had Ms. Naidoo complied. So, that will be (included in) the cash purge amount. …

ATTY. COHEN (lathering up the record and buttering up the judge): And, Your Honor, my client… aware that this is the mother of his two children (is) concerned about her incarceration, but I’ve explained to him that Your Honor is protecting the dignity of your office and the dignity of your orders, this is not personal with him.

Judge Tindill

 

THE COURT (seemingly reveling):…Mr. Kumar, we have gone through this process. You have paid an attorney… I’ve spent time looking at evidence and I issued a ruling. … Court orders will be followed. So, this is…not something the Court revels in doing, this is something that has to be done for the integrity of the system. You understand, Mr. Kumar?

THE PLAINTIFF: Yes, I, I understand.

ATTY. COHEN: Will Your Honor permit Mr. Kumar to address you?

THE COURT: Sure….

THE PLAINTIFF (concerned about the caretaking of his children) …, I completely respect the integrity of the Court… Are there other options (other than jailing the mother) like just issuing a court order directly to have the money transferred (from the retirement account) or something to that effect?

THE COURT (declining to issue an order to permit the retirement account funds to pay an opposing party’s legal fees). Sir, I’ve issued an order (for Naidoo to pay)…. and the deadline was months ago, and there were lots of options for Ms. Naidoo to comply. Ms. Naidoo wants to do what she wants to do, she’s going to comply with the order when she feels like it, that’s not how this works. … This whole system is set up for a reason…

ATTY. ZAK: Your Honor, my client… does not have (a) care (taker) for her children. Mr. Kumar is not able to drive, so she’s –

THE COURT: He’s able to get a driver.

ATTY. ZAK… Your Honor,…  she’s concerned about the care for her children…

THE COURT (to Naidoo):… Now you’re concerned about your children. If that were… truly the case, you would have done what you were ordered to do. You’ve had plenty of time and the money to do it.

THE DEFENDANT: I don’t have cash, Your Honor.

THE COURT: We are done.  Anything else?

THE DEFENDANT: I don’t have cash.

ATTY. ZAK:… We just need a date. Can we do two weeks for purge review?… How about the 29th in the morning?

THE COURT: The 29th.

THE COURT: Mr. Kumar, I’m going to excuse your presence… because you’re not able to drive yourself. …

THE DEFENDANT: May I please ask something?

THE COURT: Of course.

NAIDOO (begging for the judge to simply utter the words in court as an order so she could access her retirement funds to pay the attorney and avoid jail): If you issue an order for me to transfer the retirement assets back to him (so she could get it out of her retirement account), I can do that, so I can transfer whatever is owed… But I can’t do it without a court order.

THE COURT: — I have issued the orders that I’m going to issue.

THE DEFENDANT: I can’t transfer the assets back to him without an order, Your Honor.

THE COURT: Marshal….  So, August 29th, 2:00 p.m.

ATTY. ZAK: And they can facilitate a phone call downstairs for Ms. Naidoo as well?

THE COURT: Yes, absolutely.

ATTY. ZAK: Thank you.

THE COURT: If she pulls it together. I mean, I don’t know what time the truck (to take Naidoo to the county jail) leaves…

THE MARSHAL: It’ll be a while, Your Honor.

ATTY. COHEN (concerned with his not having to appear in person on the 29th): May I appear remotely… Your Honor?

THE MARSHAL (to the judge): She’s granted a phone call?

THE COURT: Yes, absolutely. Or two or three. I’m sorry, Attorney Cohen.

ATTY. ZAK: Thank you, Your Honor.

ATTY. COHEN: Your Honor, may I appear remotely at two o’clock (on Aug 29)?

THE COURT: Sure.

ATTY. COHEN: Thank you.

THE COURT: Mr. Kumar, any questions, sir?

THE PLAINTIFF: So, she — I just want to make sure, so the — is she going to —

THE COURT: She’s going to be allowed to make whatever phone calls she needs to make to do what she should have done before May 1st. She can — if she makes those arrangements and gets that purge done, (pay $37, 512 plus $15,000 the judge just added as purge), she’ll walk out of here today. She’s motivated now. If not, we have a date for her to … be brought back (from jail)…. but she’s going to be allowed to make phone calls today and do what she needs to do. Okay.

ATTY. ZAK: So, she’ll be held at York Correctional pending the payment.

THE COURT: All right. We are adjourned, Marshal…

It was noon. It took just 30 minutes to uphold the kind of justice regularly found in Family Court.  The marshal approached, handcuffed and shackled Naidoo, and led her out of the courtroom. Though she could make phone calls, she was unable to raise the more than $50,000 she needed to get out of jail before the truck that took prisoners to York Correctional came and drove the mother to jail to protect the dignity of the court.

At the end of the day, as she sat on the bench weighing incarcerating a mother versus issuing a few simple words in a court order that the mother said she needed to get money from her retirement funds, Judge Tindill chose the road to punishment and harm.

Even if an order was not required, what harm would have been done if Judge Tindill had exercised mercy?
She could have issued the order to release the retirement funds, and then if Naidoo still did not pay, she could still place the mother in jail.
The father, who was the ultimate beneficiary of the money, wasn’t calling for the mother’s arrest and custody. He was willing to wait for the closing in three weeks. He also asked the judge to order the release of the money.

The old conniver Gary Cohen did nothing to prevent the jailing, but acted all righteous in upholding the dignity of the court.
Cohen, like the good judge, reminds me of the electrician in Stanley Ellins’ story, The Question.  He is in charge of the electric chair and his son asks him if he did not enjoy pulling the switch and having the power over and life and death, watching men squirm.
He said, “My God, how could anybody not enjoy it?”

Naidoo did get out of prison after four days, following a story that went viral on Frank Report and her friends’ hurried arrangements to protect the abandoned children and pay the $15,000 purge.

As of press time, Naidoo has still not paid the $35,000, and the 29th is on Thursday.

To be continued….