EN LLP. 12-3429 MANNIS & BOG) ‘Cane 08 HERSH, 9180 Wilshire pron tayas 1910 Fexc(310)786-1917 DECLARATION OF DENISE RICHARDS 1, DENISE RICHARDS, declare as follows: BACKGROUND AND HISTORY 1. | am the Petitioner in the above-entitled matter. | am married to the Respondent, Charlie Sheen. In March of 2005, | filed a Petition for Dissolution of Marriage when | was pregnant with our second child, Lola. The filing of this dissolution of marriage at such time was a very difficult decision for me and was done after great deliberation and thought. | knew that by filing such an action and given thea Respondent's high profile in the entertainment industry, that | would be attracting media attention. | wish to express to the Court how difficult this declaration is to file. | previously sought restraining orders which were signed but which were not filed with the Court. | was repeatedly talked out of obtaining proper restraining orders from the Court by threats that by my doing so, | would impact the Respondent's image and ‘cause others to lose their jobs. | was torn between protecting myself and my children and the pressure | felt from the Respondent and those around him, who wanted only to protect their own self-serving financial interests. Likewise, with the filing of this request for restraining orders, | have been made to feel the same pressure, which Is solely motivated by the Respondent and those around him only looking at the Respondent's financial condition and refusing to address the Respondent's emotional and mental condition. 1 am filing this now because | can no longer accept the Respondent's abusive and threatening manner and must stop him from the cycle of his abuse towards me and our children and his continued threats of violence and statements that he is going to kill me. | am aware that the Respondent has prepared a pleading regarding |, Our children and his wanting joint custody. Respondent wants me to remain silent while he uses the legal system to continue to threaten and abuse me. However, for the reasons stated in this declaration and which will become more clear in my response to his custody requests, the Respondent is unstable and irrational and cannot be around our children without professional monitoring. WARichards, D\Pieadings\Dec ot client re RO.wpd?4/20/06/1JB} CASE NO. BD 472070Salve 289 12-3429 10} 786-1910 Pax(310)786-1917 MANNIS & BOGEN, L.L:P. Is, California HERSH, ‘9130 Beveri Phove:(3 ‘Wilshire Hi if wee a Ae 2. I mat the Respondent in June of 2000. | started dating him in 2001. || When | started dating him, ! knew that the Respondent had a history of abusing drugs, cocaine and alcohol, and also was known to hire prostitutes. The Respondent assured me that he was sober and that he had never been with prostitutes sober; and further | reassured me that what occurred was in his past and that is where it would stay. The | Respondent stated that he continued to be a member of Alcoholics Anonymous. The j Respondent continued to have a sponsor. ! believed him at that time when he said he changed. Unfortunately, 1 was wrong to believe him. 3. The Respondent and | were married in June of 2002. When we went ‘on our honeymoon, the Respondent took Zanex. Respondent told me not to tell anybody that he was taking Zanex because he told me that in AA, it would be considered breaking his sobriety for him to be taking this drug. Six months into the marriage, | noticed thal Respondent was gambling heavily, had a bookie and was ‘sports betting. | did not know that he gambled before this. | then began to notice that he began gambling everyday and that his gambling was also accompanied by ‘mood swings.” The Respondent's bookies knew where we lived and dropped off money to the Respondent at our hause. One time, the Respondent's assistant was present at our home in his place ta collect the money from the bookie. He was happy when he “won” a bet; however, when he “lost,” his behavior was very volatile and his mood swings were up and down. The smallest thing would set him off causing him to scream obscenities at me. | began to walk on eggshells. I was never sure what mood he would bein. | asked him to get help for his gambling but he would not. He continued to gamble on and off. There were times when he told me he lost “hundreds of thousands of dollars.” However, he excused this behavior to me because he told me that it was “his money” and he could do what he wanted with it. | was not concerned about the money; however, | was very concerned about his behavior. | also naticed that the | Respondent continued to take prescription pain medication, Zanex and Ativan, but! did || Not observe any medical condition that would cause him to take these drugs. 2 WARichards, O\Pleadings\Dee of client re RO.wod/4/20/08[ JB) CASE NO. BD 422070abe. 429 1510 Faxc(3 10)786-1917 a ia $0212. ‘California IS & BOGEN, L.L.P. Wilshire Boulevard, Suite 3 Bi ED Phone(310) 3 HERSH, MANNI Respondent reassured me that he did not have a problem taking these drugs because when he previously went to rehab, it was for cocaine and aleahol abuse and not prescription drugs. However, the Respondent continued to lie to me about taking these drugs. | found pills hidden in our home safe: and hidden in his bathrobe in our closet. 4 I then became pregnant with our daughter, Sam in 2003 and gave birth in March of 2004. The Respondent told me that he did not want the baby and asked me to get an abortion. He said he did not want to be a father. After fighting about it for a week, | threatened to leave the marriage. The Respondent then said he would accept the pregnancy. | went to most of my prenatal appointmants alone. The Respondent was nat excited about the baby. He told me that he was not attracted to me. The Respondent did come with me to the ultrasound appointment where we were going to find out the sex of the baby. The doctor wrate down the sex of the baby Inan envelope and we took ithome. Later that night, we opened the envelope. The Respondent was furious that the baby was a girl. During this time, the Respondent continued to abuse prescription drugs. He would purchase the drugs on the Intemet. | The drugs included Norco, Ativan, and Zanex. The Respondent threatened me that | "better not tell anybody about his using these drugs and better keep it to myself," | understood by these statements that the Respondent would physically harm me and ‘our baby if | told anyone. I remained silent and scared. The Respondent had violent mood swings; | believed that his reactions to me and his reaction about the sex of our baby was caused by his abuse of drugs and by his irrational behavior. 5. At the time of Sam's birth, and for a short period thereafter, the | Respondent was wonderful. However, after about a month, in July of 2004, the |] Respondent again became verbally abusive toward ma when I stopped breast-feeding. He was very angry that | stopped breast-feeding the baby and switched to formuta because ha said that he “heard” that by my stopping breast-feeding, and giving our || daughter formula, that the formula would cause our daughter to develop brain damage j or would cause her to become mentally retarded. The Respondent did not do any 7 WARichards, O\Pleadings\Dac of cent re RO. wper4/20/06/[8} CASE NO. 8D 422070ee suet 23429 Se eee a Hills, California MANNIS & BOGEN, LLP. ‘Wilshire Boul i vane HERSI! investigation of his theories; he simply adopted these conclusions without any basis for | them. Then, when I took Sam to get her infant shots, Respondent told me that “1 poisoned our daughter” and berated me and told me that | was a bad mother, The day that I took Sam for her shots, the Respondent called me when he found out and threatened to kill me. | was scared and locked him out of the house. When he came home, he took a flower pot from the front yard and threw it at our front door, putting a dent in the door. After the Respondent cooled down, ! let him in and proceeded to pack | bag to leave the house with Sam. While | was in my office, the Respondent continued to argue with me about the vaccinations and threw an office swivel chair at me. | went into our bedroom and packed a bag. | went into Sam's room, where she was sleeping. \ grabbed Sam and put her into my car. Respondent saw me doing this on the security camera and ran out and tried to stop me from getting into the car, physically pulling and pushing me. Respondent told me that | could not take Sam and that he would have me arrested for kidnaping. Respondent yanked my keys out of my hand, threw them at my Mercedes and dented the car. The Respondent went back into the house and | left with Sam and spent a couple of days at my parents’ house. While I was at my parents’ home, the Respondent then left threatening messages with our pediatrician, Dr. Levenstein, because she administered the vaccinations to our daughter. Dr. Levenstein catied me at my parents’ house after speaking with the Respondent. Dr. Levensiein then fired us and refused to treat our daughter. A true and correct copy of Dr. Lowenstein's letter terminating her services.as our daughter's pediatrician is attached hereto as Exhibit “1” and is incorporated herein by this reference. The Respondent called a chiropractor for advice about our daughter. The chiropractor in tum called me. The chiropractor told me that he was concerned about the vaccinations, which he believed were poisonous to our daughter. Respondent's irrationality about our daughter's medical care and his interactions with Sam's pediatrician scared me. I was frightened for our daughter's welfare. in August of 2004, | threatened to leave him because | was scared that Respondent's behavior was due to 4 WARicherds, DAPieadings\Dec of client re RO.wpd/4/20/08/[JB) ‘CASENO, BD 422070.= abe HERSH, MANNIS & BOGEN, L.LP. his drug use. | also called his AA sponsor to discuss Respondent's drug use with him. | then told the Respondent that | called his sponsor to ask for help. Respondent made me promise that | would not communicate with his sponsor again. Respondent again promised he would give up the gambling and drugs; howover, this did not happen. 6. In October of 2004, | found out | was pregnant again and wanted to | believe that the Respondent was going fo change. Respondent appeared happy about this pregnancy and told me that he wanted us to be a family and make it work. Respondent, however, did not change. He continued to gamble, losing hundreds of thousands of dollars and continued to abuse drugs. He continued to verbally abuse me. The smallest thing would set him off. He would not even let our three dogs urinate on the grass at our house and insisted that I walk them. Respondent made threats to kill the dogs. Respondent's behavior was totally irrational. The Respondent became paranoid. He was obsessing about various topics. Respondent began to obsess about vaccines being poisonous, about 911 being a conspiracy, purchasing gas masks on the Internet, and putting guns under our coffee table so that they would be within reach if someone broke into our house. Respondent also displayed what I can only describe as an abnormal fascination with Nicole Simpson's death and showed my mother and | her autopsy photographs, which I found very disturbing. | had one smaill child and was pregnant and | was afraid to leave him; | also was afraid to stay with him. 7. The Respondent did not go toa single prenatal visit when | was pregnant Lola, By December of 2004, the Respondent's behavior was so bad with the gambling and drugs that I hired a moving truck and moved back into our old house in Agoura Hills. Respondent then came to me after a week and promised he would change. | again gave him another chance and moved back with him. 8. At Christmas time in 2004, the Respondent, Sam and | took a vacation to the Bahamas. The Respondent promised me that he would not take any pills, | ater found out, because the Respondent confessed, that he in fact was taking pills. The Respondent ran out of pills and had someone at the hotel take him to the WaRichards, DiPreadings\Dec of chent re RO.wpdr4 20/064 4B} CASE NO. BD 4220702 3 4 3 6 7 8 9 10 a i 4 4 ae OS °. a . ag a 33 91 ITERSH. hospital to get a prescription. The Respondent told me that he told the doctor at the hospital that he had dental work before our trip (which he did nol) and needed another prescription. 9. In January of 2005 on the day when the Respondent was presenting at the People's Choice awards, | asked the Respondent to help me with Sam because | injured my back and was having problems lifting Sam. Respondent was angry at me and told me that he wanted to sleep and punched the headboard of our bed. After the ‘awards, the Respondent went to the doctor and had his hand x-rayed. He fractured his hand when he punched the headboard. 10. In February of 2005, the Respondent's behavior went from bad to worse. It was time for Sam to get her shots again. Respondent refused to allow the ‘shots based on his same irrational thinking that the shots were going to cause brain damage to our daughter. He was gambling again and taking drugs. 11. On Valentine's Day 2005, I became very alarmed because | thought ‘something was wrong with my pregnancy. | was in our bathroom and was worried about abnormal bleeding. When | told the Respondent to come help me, he said “after this play” because he was watching a basketball game which he bet on. Respondent was more concerned about his gambling than about my welfare and the baby's welfare. 12. During this same period of time, the Respondent told me that he went to the doctor to get some pills to get him through the taping of the television show. He told me that he could not work without “something” to help him because he had become addicted to Norco. He was in such bad shape that he told me that he refused to tape his show before a live audience, which was normally done. 13. That same week, | found pills on the floor in our home which was. the last straw for me. That week, the Respondent went to New York. | called him in New York and told him that | wanted a divorce. When he retumed, he moved out. 14. However, at or near the end of February 2005 , a couple of days before | filed for divorce, Respondent came to visit Sam with his suitcase and “announced” ‘WiARichards, D\Pteadings\Oae of clent re RO.wpdi4/20/06IB] CASENO. BO 422070"9150 Wilshire HERSH, MANNIS & BOGEN, LLP. 24 25 6 a 28 that he was moving back in. | told him to leave. The Respondent became verbally abusive and refused to leave. He was screaming at me and pointing his finger at me. | was seven months’ pregnant. The Respondent stayed at the house that night and slept in our prior bedroom, | slept In Sam’s room with our daughter. He did not leave me alone. instead, he came into Sam's room and continued to scream in front of our daughter. The next day after he went to work, | left the house and moved into a hotel. Iwas scared of Respondent. 15. Because cf the stress caused by the Respondent and my leaving the Respondent, | had a very difficult pregnancy with Lola and had to have many ultrasounds to insure that the baby was notin distress. The Respondent did not care about our unborn child because he was upset about the divorce. At this time, a prostitute that the Respondent knew by the name of Chloe Jones sold a story to the tabloids accusing the Respondent of cheating on me and paying her $15,000 to have sex with him. The Respondent threatened me to make a statement saying that it was not true. refused. The Respondent replied that if | did not make this statement, he would “destroy me,” Even though | was separated from him, this situation put yet more stress on my pregnancy. 16. — In of about April of 2005, the Respondent became enraged. On April 19" the Respondent called several times and threatened me. On that same date, he was ‘supposed to have visitation with our daughter Sam at my house pursuant to an agreement reached by our attorneys. | was not present at my home during this visitation, However, | had security guards at the house to protect Sam. During this visit with Sam, he took a large wedding photograph (4' by 6’) off the wall. He had it placed in our garage. He sawed the picture in half and took spray paint and sprayed “the dumbest day of my life.” As I pulled into my house, the security guard that I had hired ‘warned me about the photograph and told me to seek immediate restraining orders. As indicated above, the Respondent telephoned me several times on April 19® to threaten me and left messages. | have retained those messages. A true and correct copy of the 7 W:lRichards, O\Pieedings\Dec of client re RO.wpd/4/20/06/.JB) (CASE NO. BO 422070Seara IGEN, L.L.P. '$0212- i = 8 : 8 S ils, Califor HERSH, MANNIS & BO oe 3 transcription of the tapes of these conversations Is attached hereto as Exhibit ‘2° and is incorporated herein by this reference. After | came home, | was scared, especially being pregnant and left the house for my safety. As a result of those calls, we reached an agreement regarding restraining orders. in April 2005, the Respondent and | entered Into 2 Stipulation re Restraining orders. A true and correct copy of this Stipulation which was never filed with the Court is attached hereto as Exhibit *3" and Is incorporated herein by this reference. 17. Just prior to Lola's birth in June 2005, Respondent told me that he wanted to be present at the birth of our daughter. However, on the way to the hospital, the } Respondent was on the telephone placing a bet. | was having a C-section. Asi was. | being wheeled into surgery, the Respondent's attention was diverted to his pager for the results of his betting. Because of my stressful pregnancy with Lola, Lola's birth was. difficult and she was placed in ICU. The Respondent refused to stay with me at the hospital and also refused to pick me up from the hospital with our daughter, falsely |, claiming that he had acold. However, since | was with the Respondent at the birth of our child, ! knew that he was not sick, Approximately three weeks after Lola was born, | decided as a last effort 0 try .for our children’s sake, to try and get the Respondent help; | met with several people to put together a small intervention. | was scared to do | this but | needed to for the children’s sake and because I was fearful about the | Respondent's health and wanted to be able to tell our children that I did everything possible to help their father. At the intervention, the Respondent admitted his drug use and proceeded to get help. The Respondent started to go to AA meetings, started a detox program and had a sober person living with him to keep him on track. The | Respondent began his recovery and appeared remorseful and wanted to slowly put our family back together. | did not believe our marriage was salvable; however, | wanted to try for the sake of our children to see if our relationship was even repairable. 18. We attempted to reconcile in approximately August or September of 2005. Howaver, the Respondent initially did not move into my house because we were 8 WaRichards, O\Preadings\Dec of cllont re RO.wpa/4/20/06/ 18) ‘CASE NO. BD 422070.HERSH, 1 MANNIS: & BOGE! Bevet Phones in escrow on a new house and he wanted to wail for all of us to move into the new house at the same time. The house was intended to close in January but fell through. During this time, one of Respondent's friends threatened him that the friend was going to go to the tabloids. Respondant hired full time security guards at my house because he told me that his life had been threatened by this friend who threatened to kill the || Respondent because he wanted the Respondent to pay off his gambling bet. The friend wanted to collect on an old bet that he and the Respondent made, Respondent decided that he was safer with me because my house was in a gated community. Respondent then moved into my house in November of 2005. Between August and November 2005, the Respondent only stayed with me on the weekends and on an infrequent basis, some nights during the week. 19. However, even though the Respondent moved into my house in November of 2005, he still maintained a separate residence in Encino and continued to spend evenings and other time there. | am informed and believe that the Respondent continued to maintain a separate residence so that he could parlicipate in his activities with prostitutes. INCIDE} DECEMBER 2005 INCIDENT 20. in December of 2005, the Respondent and | took a vacation in Barbados without our children. It was my intention to discuss certain serious matters with the Respondent during this trip and to try and understand why the Raspondent ‘was participating in certain activities, which ware repulsive to me and to convince him to seek help for the sake of our children. Prior to our trip, | learned that the Respondent was accessing gay pornography sites which I found even more disturbing because | felt ‘that the boys looked underage. | wanted to discuss these issues with him. However, as ‘seen below, this did not occur. Respondent started gambling on the hotel computer, ‘sports belting. The Respondent refused to leave our room except two times, because |] he was addicted to the television, which he used to access on line betting. In addition, WiRichards, DiPleadings\Dec of client r@ RO. wpd4/20/06/ 58} CASE NO. 8D 42207029 IS & BOGEN, L.L.P. ‘Wilshire Boulevard, Suite MANNI! ii fornia renege IOFOTO? HERS! 31: he uses “bookies” to place bets. | teamed after the trip from the Respondent, who admitted it, that the Respondent apparently lost approximately $100,000 gambling near the beginning of our vacation and was trying desperately to recoup his losses. 21. — The night we arrived, the Respondent and I started to discuss my concerns. However, these discussions turned into arguments. | brought up the issue of the gay pornography and his using prostitutes. Respondent told me that he had a “madam" and that prostitutes were emailing him. Although the Respondent told me that he only used prostitutes during the time that he and | were separated, | did nat believe him. | decided to confront the Respondent with these issues because | wanted to tell him that | felt our relationship was over but that | was very concemed about him asa father and the lifestyle he was choosing. 22. I started to try and speak to Respondent about these Issues. | brought up the fact that | as his wife: could not accept what he was doing and that |.was concerned about our daughters. Respondent responded that he did not see anything wrong with what he did and that the prostitutes were used during the time when we were separated. He told me that “since you filed for divorce, those are the consequences and you deserve it.” | responded that | did not understand his choice of lifestyle, especially when we had such small children. He wanted me to simply forget about it and to move forward. Respondent promised that he would not be with Prostitutes; however, he told me that he was not going to give up his gambiing nor his pornography habits and that | had to accept it. | told him that | could not accept it. The arguments continued until dinner, where we continued to fight and he kept trying to justify his behavior. After dinner, we went back to our room. | packed my suitcase and went to a different bedroom in the suite and called my travel agent and booked a commercial flight home for the next day. Respondent was upset with my booking my flight home because we had taken a private plane to Barbados and he did not want anyone to see me on the commercial flight home. We then mutually decided to leave the next day and took the private plane home. We did not speak on the plane ride 10 WARichards, O\Pleadings\Dec of cliant re RO.wpdl4/20/08{ JB) ‘CASE NO. BD «22070‘Suite 269° 12.3429 1510 Faxc(S10)786-1919 MANNIS & BOGEN, L.L.P, ‘Cal Wilshire Boul x reson HERS! 9k: home, 23. ‘When we landed, we went to my house to see the children. After the trip to Barbados, we never resumed living together. Respondent resumed living at the Encino residence. | did not immediately reactivate the divorce proceeding because Christmas was approaching and | was very concerned about the Respondent's reaction in the event | started up the divorce proceedings again. I wanted to get through the. holiday season peacefully for the children’s sake even though | knew that the marriage was over. We had planned that we would be with the children during the day and then on Christmas eve night, that we would go to Respondent's sister's house for dinner at 4:00 p.m. and then would return home at approximately 7:00 p.m. which was the girls" bedtime. However, on Christmas eve morning, the Respondent called me to tell me ‘that he was spending Christmas eve day at his house gambling and was not going to be with the chikiren. | then decided to cancel the dinner plans. 24. On Christmas Day, we had plans with the children to spend the day with my parents, who live in Fallbrook, | wanted us to go together to my parents for the sake of our children and to make Christmas nice far our children. We were going to leave at about 9:00 a.m. Respondent came over at about 7:00 a.m. to be with the children Christmas Day. Respondent was angry and edgy. Respondent only stayed for about an hour. | tried to persuade him not to leave and to go with me to my parents. He refused. The children and | went alone, 25. The children and | did not see the Respondent on December 26". The Respondent called me on December 26" and asked to come over on December 27° to see the children in the moming. The Respondent arrived at approximately 9:00 a.m. and parked his car (black Mercedes) in the driveway In front of the garage. ‘The garage was open and there is a door inside the garage which leads to the inside of | my house. At the time that he arrived, the children were on a walk with their nanny. The Respondent came into the house through the garage and into the kitchen. | told | him the girls were on 2 walk and | asked if | could speak to him privately. We then went WARIchards, O\Pleadings\Dec of client re RO.wpd4/20/06/| JB) CASE NO, 80 422070EN, LLP. ‘California 903 1910 Fax Wilshie Boulevard, Su HERSH, MANNIS & BOG! 31 Beverly Hit Pronei30) into my office, which is close to the garage. | told him that ! discovered some pornography websites that he belonged to which | found very disturbing (websites which promoted very young girls, who looked underage to me with pigtails, braces, and no pubic hair performing oral sex with each other). | also told him about other websites | | discovered that he accessed involving gay pornography also involving very young men who also did not look like adults. | also discovered that the Respondent belonged to several sex search type sites, which he looked for women-to have sex with. The picture he used for his profile was “his erect penis” which he emailed out to approximately thirty women, When | confronted the Respondent with this information, he did not deny it. | told him that as a mother, I found this information very disturbing because we had two young daughters and that | believed he had a serious problem which he needed to deal with and that he should not be around our children, At that point, | asked him if he had taken an “aids” test. He said he did. | asked to see the results and ha told me to go “f - -k myself." | later had.an aids test which he was upset. about because the paparazzi found out about my taking this test and took pictures. The Respondent blamed me, rather than taking any responsibility for his actlons. He || told me that “| was a prude” and that “I was overreacting.” He reiterated that there was nothing wrong with the sites that he was accessing and that | needed to “turn my head” and ignore it. The Respondent then told me to “go f -- k myself and tumed around and stormed out the house. | tried to speak to him more about this but he refused. | proceeded to follow him to his car. He opened the car door to get in but remained standing next to the car; | again tried to speak to him. | told him that | was very concerned about his behavior. | told him that if he continued his lifestyle, this would affect his relationship with the girls. He became very angry and told me “that this was my last warning” and that if | revealed anything about his lifestyle, “you won't lay your head down at night.” | understood this to mean that he would kill me. He then hit my right wrist with his arm and shoved me in my stomach area with both his hands and got into his car and left. He broke the bracelet | was wearing. Approximately five minutes A2 W.Richards, OlPieadings\Dec of cilent re ROMpacAUORID| ‘CASE NO. BO 42207029 12-3429 iis Bowers Hoyree sat Facoieyaes7 Phose:01 Suite ‘9130 Bevel HERSH, MANNIS & BOGEN, LLP. Coa Aw een 10 u 2 13 14 1s a 17 18 19 2 2 3 24 25 26 27 28 later, he called me on my home telephone and threatened me that I better not reveal what | knew to anybody, that | do not contra! the children, that he's their father; he then threatened me “Do not go down this road; you will regret it.” | understood this to mean that he would hurt me or kill me. He kept repeating to me ‘this is your last warning; don't f= - k with me.” 26. immediately contacted my former attomey and reinstituted the divorce proceedings. | was afraid for myself and the chitdran. My attomey then called his attorneys to discuss the situation. | believed that the previous Stipulation that the Respondent and I had entered into for restraining orders protected the children and me and that the Respondent had to stay away from the children and me except during his visitation, However, this Stipulation was never filed with the Court. 27. The attorneys then arranged for the Respondent to see the children at my house on December 30, 2005 in the afternoon from approximately 2:30 p.m. and 4:30 p.m. with the children’s nanny present. | was not going to be present when he was there. Our nanny had still not arrived at the house and our housekeeper was running an errand. Respondent artived at 2:00 p.m. and | was still at the house. Respondent parked in the driveway behind my car. | was in the house when he arrived. The Respondent came to the front door and | let him in. I was holding Lola when the Respandent came to the door and Sam was in the living room playing on the floor. The Respondent followed me into the living room. The Respondent toki me he was angry because | told my attomey what happened on December 27" and he verbally assaulted me again. In front of the children, he threatened me that "you're {-- king with the wrong guy," and that he would not agree to supervised visits with the children (which was being discussed by our respective counsel regarding Respondent's | request for visitation). | tried to stay calm and not escalate the situation, especially since | was alone with the children, who were walching him. | explained that he should speak to his attorney, be honest about everything he is doing and discuss the custody situation rationally, He repeated to me that "I better not reveal what! know” and started 13 WiRichards, XPleadings\Dec of cllent re RO. wpd/4/20/06/28) ‘CASE NO. 80 42207010 FAS 10786-1917 MANNIS & BOGEN, LLLP, Hite calforsa 30118 309 M Ha monedlome HERS!) to call me obscene names in front of the children such as “f- - king bitch,” “asshole, “ anda“c--t." 28. Respondent then started to approach me. | was still holding Lota. | put my right hand up to block him and to shield myself and Lola. The Respondent pushed me, shaving me with his wo hands between my shoulders. | was forced backwards and tripped over one of the children’s toys and fell on the floor with Lola. Sam was screaming the entire time and crying. Lola was also crying. When | was, laying on the floor, the Respondent then pointed his finger at me and screamed “I hope you f+ -king die, bitch.” | took bath girls, sal on the couch and tried ta calm them down. The Respondent turned away and as he was walking out the front door, said to me that he was going to have me killed. He said "you are f - - king with the wrong guy." 29. Respondent then called me all weekend long. | was afraid for my safety and our children’s safety. | told the security guards at my gate to be alert for Respondent and to not let him in under any circumstances. « 30. | wanted to go to Court immediately to obtain new restraining orders. Our respective attorneys then agreed to have a hearing with a private judge, Compnissioner Robbins, in early January 2006 to address my requast for restraining orders. A hearing ensued and Commissioner Robbins issued restraining orders. However, | am informed and believe that the restraining orders were.not signed nor filed with the Court. | do not know if these restraining orders are in effect or not. | continue to be in fear for my safety and the safety of our children. 31. After this hearing, the Respondent agreed to a thirty day “cooling off” period where he ivould not contact me or see the chitdren. Commissioner Robbins indicated that Respondent should go to anger management therapy. However, to my knowledge, he never went. | agreed to give Respondent updates as to how the ‘children were daing through communications between the attorneys. 32. After the thirty days elapsed in February 2006, the Respondent began to have supervised visitation with the children's nanny present, twice a week WARIchards, DiPleadings\Dec of client re RO.wpd/4?20/06/18) CASENO. 8D 422070Suite 209 12-3429 L MANNS EE Soren tn Slee 91 HERSH, MANNIS & BOGEN, L.L-P. Phone31O}78C-1910 Fax t3t0}706-1917 during the day for two hours. Then commencing in March 2006, Respondent was supposed to see the children one day on the weekend with the nanny and one day during the week. However, the Respondent did not adhere to the schedule. | Specifically told the Respondent, however, through communications by our attorneys, that if he wanted to continue his illicit activites with prostitutes, he had to do so ala hotel and not at his house. Respondent said he would not agree to this condition. 33. | Atornear the end of March, and even though the Respondent had not been consistent with seeing the children, the Respondent stated that he wanted ovemight visitation. | would not agree to this for all of the reasons stated in this declaration. Therefore, it is my understanding that the Respondent will be filing a Court proceeding to obtain such overnight visitation. } startéd to communicate with Respondent by telephone and email about the children. | kept our conversations short and strictly about the children. RECENT APRIL 9™ TELEPHONE INCIDENT 34, - The Respondent and | spoke to each on April 8", 2006. The Respondent called to say goodnight to the children. We spoke briefly on the telephone. The Respondent told me that he was angry al me. | told the Respondent that | was very concemed about the children spending the night at his house because of the activities he was involved in with prostitutes, gambling snd pomography. | confronted him with information, which had been provided to me by third parties, that he was still having prostitutes at his house. The Respondent did not deny this and said that his signature on the previous Stipulation was meaningless and “laughable” and that he only agreed to this condition in order to see his children, not because he had any real intention of complying with the orders. | begged him to get an apartment and to not participate in prostitution at his house. He told me that it was “none of my business, " that !ama“f - -king c+ hopes “I get breast cancer and die” and “get cancer in my face and die.” The | told him that the children were my primary concern. He told me that he Respondent knew that this was especially hurtful to me because my mother had cancer W.Richards, O\Pleadings\Der of client re RO.wpd/4!20/06/,J8) CASE NO. BO 4220702s inka Beer Se prose (Oye 816 FO} HERSH, MANNIS & BOGEN, L.LP. and | have 4 very close friend that just went through treatment for breast cancer. | hung up the telephone. 35. ~ Since this incident on April 9", | have avoided the Respondent. However, on April 121 spoke to him briefly at approximately 6:30 p.m. when he dropped the girls off at my house. | put the children to bed and spoke to the Respondent on the telephone. | told the Respondent that if he Respondent proceeded with his threats to take me to Court over the children for overnight visitation, that | ‘would have to tell the truth about what he had done. He told me that “I will never get to Court because | will be f- - king dead!" He told me to enjoy my parents “while they are still around.” | took this to mean that he was not only going to do me harm but also do harm to my parents. tn this conversation, | also brought up an old prostitute/pom star who he saw by the name of Chloe Jones, | saw on the news that she had died from undetermined causes. When | asked him if he had anything to do with her death, he said that he had “no comment.” He repeated “no comment” again when I asked him again. This scared me. Respondent then threatened me again that if “| do not agree to his request for joint custody, that | would never make it to Court." | was scared because | believe he has the ability to carry out his threats and do me harm. 36. This last telephone call was the last straw forme. Based upon the foregoing, ! am seeking personal restraining orders as set forth in the attached requests. In addition, | am requesting that the Respondent have only monitored visitation with a police officer present as well as the children’s nanny one day per waek and one day during the week as has been our agreement. 37, offer my declaration in lieu of personal testimony pursuant to Sections 2009 and 2015.5 of the California Code of Civil Procedure; Rule 1225 of the Califomia Rules of Court; Reifler v. Superior Court (1974) 39 Cal.App.3d 479 and Marriage of Stevenot (1984) 154 Cal.App.3d 1054. The facts herein stated are within my personal knowledge and | further affirmatively state that if sworn as 4 witness, | could and woukd competently testify thereto. 46 WiRicnards, O\Plescings\Dec of cent re RO.wpA/A72000848] CASE NO. BO 4220701 | I declare under penalty of perjury under the laws of the State of Callfomnia that the foregoing is true and correct. Executed this 19th day of April, 2006, at 2vAnoe Couthy, Catfomia. =F Sew nwnaueaun . BOGEN, L-LP. \Caliocwie 0212-3879 AIO Fan QQHOTOE IIT zo 9150 Wii ae HERSH, MANMIS & BRO PrFoRess WARICN| WS, OWPleadings\Dec of cent re RLO.wedi4/18/06/,J8) CASE NO, 80422070Message sent Tuesday, April19, 2005 at 11:28 a. Yeah, | just got Laura's letter regarding everything blah, blah, blah and | can't get a hold of my lawyer so | thought | would try to call you directly. Um, it’s really fucking sad. It's just sad and | am really angry and | don't think that il’s fucking fair and | don't know what you're trying lo do and I just umm am so disappointed in you. I'mso disappointed. You're such a disappointment. You're such a disappointment. You're ‘such a fucking asshole and if this time you went to fucking deal with each other, you know, you're saying one thing and then you do the other and it's just, you know, fuck you. Message sent Tuesday, Ap 19, 2005 at 12:46 p. I guess | should just get used to the fact that you know you fire off your nonsense and you're lawyer bull shit and your fucking emails and then you don't answer the phone and you know, you don’t have the fucking courage or the wherewithal to like confront me or deal with me or just be fucking honest and forthright and | guess | just gotla stop being disappoinied by thal because that’s just who you are and what you do and | guess once | accep! that I won't be frustrated by your chicken shit fucking behavior so whatever. I'm just really fucking mad and you owe me a phone call. Okay. Cause again if | did the same shit to you, you'd be fucking furious. Alright so whatever. Message sent Tuesday, April 19, 2005 at 1:00 p.m. Yeah, | just got your other email and | am a little confused because ahhh you told me that was something you only told a couple of people and this and thal and | just again you continue lo be deceitful and mischievous and sneaky and you're a fucking liar. Okay. You're a fucking liar so you know what it’s like....fuck you, Okay, | hope you rot in fucking hell. You're a piece of shil fucking liar and | hope you fucking rot in hell. So fuck you. | hope | never fucking talk to you again you fucking cunt. Fuck you. You’rea coward and a liar and 2 fucking nigger alright so fuck you. Message sent Tuesday, April 19, 2095 at 4:08 p.m. Hey | am going lo go home early so if you wanted to come back early go ahead. Ijust hate to leave early and then you come home and then | hear from Laura ina letter that costs me you know five grand that you know I didn't lel you know | was leaving early. So I gonna leave early. Okay? Dick face. That's what I'm gonna do. Good-bye. W:iRichores, DiMemesivoice mail messzges wed +)Messaae Sent Tuesday, April 19, 2005 at 5:41 p.m. You know if you don't have the balls of the courage to fucking call me back after you do your sniveling fucking bull shil crap through your fucking sniveling bul shit lawyer. Two pregnant cunts like plotting against the rest of us. | just think it's just fucking low you can't even like relurn my fucking call. You know, it just says So much about you. It just says So much about who you are and I'm just not surprised anymore. Okay. So whatever. | hope | never talk lo you again. You're a fucking creep. Fuck you. Message sent Wednesday, April 20, 2005 at 12:50 p.m. You need to call me back. Okay. I need to figure out when lam gonna see Sam. What's going on there. You can't do these things and then hide. Okay. So 1am going to meet my lawyer today and I'd like {o alk lo you ahead of time because there's some things that you did that | néed to know about to discuss so the least you could do is give me the courlesy of a phone call and don't be a fucking coward asshole. If ! was doing this to you, you'd be livid. Okay. So, I'm gonna start doing some shit and you know, have {un gelling a hold of me. Okay. If this is how you want to play, fine. Call me. WiFicharas, DWiemosivoice moll messages woo =2+