This is a curious and disturbing custody and divorce case. Very disturbing.
Elizabeth Harding Weinstein, 49, is a Columbia University graduate, and was a stay-at-home mother of three children for 17.5 years. Her husband, Brian Stryker Weinstein, Esq., 49, is a senior litigation partner at Davis Polk, and a Board Member of Duke University Keenan Institute for Ethics.
They lived in the village of Briarcliff Manor.
May 20, 2020
Harding said she confronted her husband because he admitted he had a “lifelong history of pedophilia.”
In texts purportedly sent by Weinstein to her, he wrote, “I was indoctrinated into pedophilia.”
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Harding wrote, “These texts were from May 21, 2020 after we had a family talk acknowledging Brian’s pedophilia and Brian left the house of his own free will, refusing to stay to help the kids and I cope.”
Of the texts, Harding explained, “Brian acknowledges… his pedophilia, acknowledges that it would be wrong for him to stay with children, agrees to stay away and allows me to help him by getting him a hotel.”
According to another version, after confronting Weinstein, Harding asked him to leave the house and Weinstein agreed to do so.
In an Instagram video , Harding explains that evidence of her husband’s “indoctrination” is that he was himself abused sexually and kept letters from his abuser and maintained a relationship with him.
Harding later claimed that Weinstein was undergoing a “pedophilia investigation.”
June 1, 2020
Weinstein went to an out of district judge, Arlene Katz, with a 150 page “emergency” custody petition. Weinstein then filed a Family Offense Petition (FOP), with a different home address, possibly his new address after he was asked to leave his former home.
His petitions were filed and heard ex parte by Katz.
Katz granted Weinstein’s request, and gave temporary custody to the children (17, almost 16, and 13) to Weinstein and appointed an attorney for the children, Gloria Marchetti-Bruck.
June 5, 2020
Judge Arlene Katz of the Family Court issued a Temporary Restraining Order (TRO) against Harding requiring her to stay away from her husband, her three children, and their home.
Weinstein got full custody of the children.
Immediately after the order was issued, police officers from the Briarcliff Manor Police Department removed Harding from the house she had shared with her husband and children.
Harding filed divorce proceedings on June 6th, and a state-court petition for a writ of mandamus in the Westchester County Supreme Court.
Elizabeth Harding and her three children
“I was rendered homeless and stripped from their lives,” Harding said.
After a year of being with their father, the children apparently are not unhappy about the current custody arrangements – which Harding ascribes to Stockholm Syndrome, an emotional response where some abuse and hostage victims have positive feelings toward an abuser or captor.
Harding said, “My children, who love and adore me… are brainwashed from the trauma and abuse, and have Stockholm Syndrome.”
Months passed and Harding was forbidden to see her children.
December 4, 2020
Judge Nancy Quinn-Koba issued a new TRO ex parte – which, once again, directed Harding to stay away from her husband, her three children, and their home.
Harding filed an emergency request for an order to show cause relating to the December 4, 2020 TRO. Judge Quinn-Koba denied the request.
December 30, 2020
Harding filed an appeal to the New York State Supreme Court, Appellate Division, seeking review of the ex parte TRO.
January 4, 2021
Harding went to the Clerk’s Office in the Briarcliff Manor Municipal Building to file a FOIA request and a letter in her case regarding Village Judge Howard T. Code’s denial of due process.
Village officials refused to accept her documents because they said she was not wearing a mask.
Harding claims she cannot medically tolerate a mask (On social media, she is an anti-mask advocate).
She refused to put on a mask in the Clerk’s Office.
Court Clerk Zirman and Village Manager Philip Zegarelli contacted Village Police, who are located in the same building, to have Harding removed.
When Officers Wilkinson and Chief Bueti arrived, Zegarelli asked that they escort Harding out of the building for not wearing a mask.
Officer Wilkinson ordered Harding to leave the building or be arrested. Harding, who had been recording the incident on her phone, complied, informing officers she would be posting the video online.
Chief Bueti granted permission to Harding to hand in her forms prior to leaving. When she did, he closed the door behind her, knocked the phone and papers from her hands, pinned her against the wall, and arrested her.
Officers charged Plaintiff with “disorderly conduct”. They later changed that to “obstruction of government administration” and added “resisting arrest”.
Harding was brought to the police station and chained to the wall for four hours. Harding was then strip-searched, denied access to a lawyer, denied dietary accommodations, and placed in solitary confinement and on “suicide watch”.
She was arraigned by video on January 5th.
Briarcliff Manor Village Court Justice Howard T. Code ordered that Harding undergo a psychiatric examination, remanded her to prison, and placed her under suicide watch.
January 8, 2021
At a hearing, Harding was released, but when she refused to “comply with competency exams,” she was sent back to her cell and held for six hours. During that time, she was visited by a psychologist, Jerome Norton, who requested to do an exam to determine if she was ‘competent'”.
Harding did not consent to the exam.
February 1, 2021
Harding got a letter that she submitted to the court from Elizabeth Bussian, a Licensed Clinical Social Worker, who has been working with Harding since 2013. Bussian wrote that she has “no psychiatric concerns” about Harding and that she “do[es] not require a psychiatric evaluation.”
February 17, 2021
Harding sued in State Court for claims arising out of her January 4th arrest. She named as defendants: her husband, the Village of Briarcliff Manor, judges, judicial officials, prosecutors, police officials, town officials, and others
Harding asserted her husband “has been using his inner workings of the Westchester Judiciary” to have the judges, police officers, and district attorneys “discredit” her in order to “provide a cover for [her husband’s] nefarious actions, abuse of process, and domestic violence thus far.”
March 9, 2021
Harding was involuntarily committed at St. Vincent’s Hospital in Westchester. A former ER/ICU nurse, Harding refused treatment and demanded a hearing to be released within five days.
The courts postponed the hearing for two weeks – after which Judge Anne E. Minihan ordered her to take the medication prescribed by the psychiatrist before she could be released.
March 17, 2021
While at St. Vincent’s, the State Court dismissed her lawsuit as frivolous and later issued orders that it would be conducting an inquiry as to Harding’s mental health to determine if it would be appropriate to appoint a guardian ad litem for her.
April 2, 2021
Harding was released from St. Vincent’s.
April 16, 2021
Judge Nancy Quinn-Koba issued a new ex parte TRO. Harding claims it was backdated to December 4, 2020 “although no TRO was in effect from March 5, 2021, to April 16, 2021.”
Within minutes after the new TRO was issued, Harding was pulled over while driving by officers from the Briarcliff Manor Police. The officers arrested her for alleged violations of the April 16, 2021 TRO.
Liz Harding after being arrested by police
After she was handcuffed, officers informed her she had violated the TRO on April 5-7, 2021. Harding claims there was no TRO in effect then. Harding said she was arrested for posting a picture of her children on social media – which she claims occurred prior to the TRO being in place.
She was charged with misdemeanor offenses.
That same day, in new proceedings in the Briarcliff Manor Village Court, Village Justice Halper issued a new ex parte TRO, directing that Harding stay at least 1,500 feet away from her home and children.
June 1
Harding was telling everyone who would listen that her husband was a pedophile – and also posting those same claims online. There are now dozens of posts with her accusations. For example, she posted to Facebook
“My Husband, Brian Stryker Weinstein, is a pedophile… a severe domestic violence abuser, and a tortured man who takes sociopathic seductive coercive control over all his victims.
“Brian tried, and failed, to have me taken against my will colluding with ‘marriage counselor’ Jeffrey Dyke, who is really a paid gaslighter and handler Brian employs for his victims.
“For a year, Brian has kidnapped, tortured, brainwashed and alienated our three innocent children. There is clear evidence consistent with Brian drugging our children that would account for the children’s new, sudden lapses in memory, hypnotic responses, & odd compliance with their abuser’s draconian wishes. For a year, Brian has left me homeless, cut off and drained my assets, denied me access to my belongings, my home, my mail and my dog. For a year, Brian has tortured, stalked, intimidated and harassed me.
“I have been falsely arrested, imprisoned, poisoned. I have had a mysterious fire in the middle of the night in my first home in 11 months. My Instagram account with thousands of followers was deleted.
“No Judge will hear or advance my case in the local, state, Appellate or Federal Court.
“I WILL NOT STOP SPEAKING THE TRUTH.
“The truth protects my children. The truth protects Brian’s soul. I know his soul is there somewhere, hiding deep behind this evil.”
A supporter of Weinstein, wrote to the Provocateur Blogspot, “Lizzie… pretends that BRIAN STRYKER WEINSTEIN is a PEDO. This is her big claim folks!!! A man ‘indoctrinated into pedophilia’ who is clearly exhibiting signs of #stockholmsyndrome and #traumabonding towards his abuser does NOT EQUATE to WELL DOCUMENTED PED0PHILE!!!!!!!
“Do you think that being trauma-bonded to an abuser is sufficient proof to accuse someone of sexual abuse themselves? I’ve never seen her share any evidence that he’s actually committed acts of pedophilia, or even claim that she has such evidence. Maybe she’s provided you with evidence of actual sexual abuse, but she hasn’t shared that publicly. If I saw compelling evidence I’d be right there supporting her with you.”
June 11. 2021
Posting on Facebook, incensed that she was not permitted to attend the graduation of her son, Max, she wrote again about Weinstein.
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“SO, what kind of lovely texts did YOU get on your son’s graduation day? See how narcissists try to flip the switch on the blame? See how he wants you to believe that Max will be “embarrassed” when Max should hold his head high as the SHAME FALLS SQUARELY ON PEDOPHILE BRIAN STRYKER WEINSTEIN?
“See how he wants you to think that it’s embarrassing I AM TELLING PEOPLE instead of IT IS EMBARRASSING THAT BRIAN STRYKER WEINSTEIN IS A SADISTIC PEDOPHILE WHO IS DESTROYING OUR CHILDREN AND OUR SOCIETY WITH HIS SICK PREDATORY SEXUAL AND LEGAL PRACTICES?
It is NOT embarrassing to be the son of a strong AF Mother who will not back down to these parasites and cowards.
BRIAN WILL SUFFER GREATLY FOR ALL THAT HE HAS TAKEN FROM MAX. Brian needs secrecy, lies, coercion and fear to stay “protected.”
“We need light, love and the TRUTH to be protected. They have taken so much from us already, but they can not take what is uniquely ours, Max. I have never left you, My Moose. You stay with me always. My resonance and my soul sits firmly with you.
YOU DESERVE HAPPINESS. YOU DESERVE FREEDOM. YOU DESERVE AN HONEST BEAUTIFUL LIFE.
“It all resides within you, My Boy. Go ahead and take it.”
.
June 12, 2021
Harding posted again on Facebook. This time a picture of a young Weinstein with his parents, Richard and Alice Weinstein, and blaming them for enabling pedophilia.
Lizzies ARMY
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“THIS IS WHAT A PEDOPHILE FAMILY LOOKS LIKE: RICHARD, ALICE, & BRIAN WEINSTEIN
“Do they look like you suspected? Richard & Alice Weinstein said that the multiple interactions/molestation of BOTH of their children with pedophiles was simply not their fault, ‘the misdeeds of others, ‘“unfortunate’ and had ‘no lasting harm.’
“WHAT TYPE OF PARENTS WILLINGLY DISMISS SUCH TRAUMATIC EVENTS with the flick of a wrist AND SEND THEIR CHILDREN BACK TO SCHOOL WITH THEIR ABUSERS?
“Parents who condone the practice. Parents who want to demoralize their children, keep them confused.
“Richard Saul Weinstein is one of the most vile people I know. Brian always said, as an adult, he hated his Father and never wanted them to visit. My children were so terrified of Richard that they could not even look him in the eye via FT when the kids and I confronted Richard & Alice about their ‘practice’ and tolerance for the molestation of kids.
“WHAT DOES BRIAN THEN DO? BRIAN gives RICHARD THE COVETED EXTRA TICKET FOR MAX’S GRADUATION WHERE I WAS SUPPOSED TO BE.
“RCDS: THE PARADE OF PEDOPHILES. Each propping the other one up, trying to lend credibility. Brian, Richard, Feltons & Harasimowitz all gaslighting my children and pretending the rest of us don’t see their common interests with Brian.
“See how Brian is 100x worse than the slimiest parasite? People pick up on Richard’s sliminess. But Brian? Brian is more sinister. Brian knows how to hide it. Brian’s simple. Brian’s seemingly harmless. Brian’s nonthreatening.
“YOU LET YOUR GUARD DOWN WITH BRIAN, not realizing Brian uses his “niceness” to deceive. BRIAN is ALWAYS showing coercive control. PEDOPHILE BRIAN IS constantly whispering: You can’t escape, Max. I will hurt everyone you love & surround you with people who control you. This IS THE LIFETIME OF PEDOPHILE WORK BY RICHARD, ALICE & BRIAN WEINSTEIN.
“Brian said he wanted the indoctrination of pedophilia to stop, but remember: BRIAN LIES. Brian lies well. These pedophiles need secrecy and denial to succeed. THEY WILL HAVE NONE OF IT.”
Harding posted a picture of Weinstein [lower middle] with several notorious pedophiles.
Around this time, Weinstein had enough. He petitioned the court to have a guardian appointed for Harding based on his claims of her mental incompetency. On June 24 and June 30, Judge Janet Malone held ex-parte hearings to determine whether to place Harding into guardianship.
August 2, 2021
Harding was adjudicated incapacitated in a guardianship proceeding, pursuant to Article 81 of the New York Mental Hygiene Law in New York State Supreme Court, Westchester County, before Justice Janet C. Malone.
A Guardian of the Property, Kenneth L. Bunting, Esq., was appointed in the proceeding. Bunting was given the authority to, among other things, prosecute, discontinue, defend, settle, and compromise civil actions on behalf of Harding.
Bunting canceled her lawsuits. He told the court, “I specifically request that any future claims offered for filing by, or on behalf of, Ms. Weinstein, not originating from my office, or from an attorney who has filed a notice of appearance, be declined.”
Harding claims that Bunting “seized all my assets, withdrew my cases against my husband and his agents in federal court and requested one be amended to be ‘dismissed with prejudice.’… Bunting found one private account with money used to feed myself seized and closed it without notice. I am forced to depend on the kindness of others for food and housing.
Harding also claims that Bunting keeps her monthly support payments, found her private bank account, confiscated the money and closed the account, canceled her car insurance, declined to provide money for transportation, and denied her virtual access to the Court during COVID, and then sought to dismiss her divorce case for “failure to participate.”
August 11, 2021
Weinstein told an interviewer, “My wife has a severe mental illness. She’s been involuntarily committed to treatment; I’ve been given custody of my children. I have temporary orders of protection against her. I have a guardian appointed.”
Harding, on the other hand, asserted, as she sought to vacate the April 16, 2021 TRO, that her husband is a pedophile, her children have been kidnapped, she has been a victim of human trafficking, and has been denied due process and access to the courts in the state-court matters.
Harding [in red dress] with her children.
The battle is not over, or maybe it is.
Harding continues to take to social media, go on any and all podcasts and on YouTube to tell her story.
She wrote on Twitter, “I will never stop fighting for my children. They can abuse me all they want, I will never quit and they can not change my soul, make me give up hope, or isolate me from the good. These pedophiles desecrate our societies- NOT ON MY WATCH.”
Meantime, it has been one year and seven months since she has been with her children, who are now 19, 18 and 15. Soon they will be leaving Weinstein’s house. The older two, I believe, cannot be legally prevented from seeing their mother, who raised them from infancy.
If there is one hope here, if there is a chance at healing and reconciliation – at least with the children – it would be a happy ending.
It is hard to say at this point if Harding is mentally incompetent. It does not seem she presents any danger to herself or others. Are her children eager to see her? Why not?
If they have not seen her, we should not read too much into that. It may be to please their father, who has taken over as the primary attachment figure in their life. And he has the money.
He is smart and sophisticated and may have persuaded his children that their mother is evil, crazy, dangerous. Or maybe not.
One thing that is puzzling is how Weinstein could go before a judge in another district and without giving the mother a chance to defend herself, manage to get her kicked out their house, get full custody of their children, and have her mother barred from coming near them.
Maybe that was the right decision. But where is due process? In what system of justice can that exist where only one side presents information and a parent loses the right to love her children and nurture them?
Clearly, Weinstein had her coming and going – and used his wealth and superb knowledge of how to win even by tricks – of forum shopping, of ex parte motions, of so-called experts declaring someone to be incompetent, or crazy, experts for hire.
Harding probably played it wrong. She went after all the power players in a small town. Got the police angry, got the justice and village manager outraged. She fell into the trap.
Maybe I would have done the same thing too, if I had lost my children, after confronting a spouse over strange behavior about pedophilia. To date, however, Harding has not presented any evidence – at least any I have seen – that her husband is a pedophile, but rather he is a victim of it and seems to be tolerant of it.
If she has evidence, she ought to present it. Attacks without evidence have worked very poorly for her.
Look at her losses. She lost her children – and lost her share of the marital assets. The court assigned a guardian, whom she alleges has taken her money and forced her to lose more, with no chance of winning in court, because he now controls her right to go to court.
Weinstein probably knew every judge personally that handed down every decision. That can’t be justice. And Harding lost.
Oddly, Weinstein lost too. An online search of him shows many websites alleging – again without evidence – that he is a pedophile. Perhaps he is something arguably just as bad – he destabilized the mother of his own offspring and sent her off on an odyssey of homelessness, despair and torment. She has spent the last year and half fighting back, destroying his reputation.
It’s poetic. For the father who sets a mother against her children deserves the wrath of God, or karma or the winds of ill-fate, or whatever natural justice that exceeds those so-called stewards of justice, of their man-made laws.
A few things I want to look into: How did Weinstein get Judge Katz to remove a mother whole cloth from her children – not even visitation. What is her relationship with him? And the guardian, how did that happen? Was it a true mental health evaluation? Or was it Harding’s defiance that led to the appointment of a guardian?
Lastly, Harding claims her guardian, Bunting, has taken her money, stolen it. Is it true? Was his conduct ethical? Or was he put in to punish her and make her destitute, perhaps to shut her up and teach her that she can’t defy the powers that be. Not in Westchester.
I would like to see exactly what Bunting did with the money and what actions he took and why she is homeless.
There are things in this case that don’t smell quite right. And even if Harding has some issues, even if she is prone to making exaggerated claims, where was her day in court – and the money she should have had from years of marriage?
No, something does not smell quite right here.
