IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

CHAMPAIGN COUNTY, ILLINOIS

IN RE: THE MARRIAGE OF )

GLEN WORTHEY, )
)
Petitioner, )
)
and ) No. 21-OP-449
)
MARINA KOLODYAZHNAYA, )
)
Respondent. )

PETITION FOR RE-HEARING OF THE EMERGENCY ORDER OF

PROTECTION

Excerpt OF REPORT OF PROCEEDINGS of the

electronic recording before CIRCUIT JUDGE BENJAMIN W.

DYER on June 16, 2021.

APPEARANCES:

LAUREN MCQUEEN, Attorney at Law,

for the Petitioner

CYNTHIA MORGAN, Attorney at Law,

for the Respondent

Electronically recorded proceedings transcribed by:

Jessica Henrichs, CSR

Champaign County Courthouse
101 East Main Street
Urbana, IL 61801
 INDEX

WITNESS PAGE

Marina Kolodyazhnaya
Direct Examination by Ms. Morgan 6
Cross-Examination by Ms. McQueen 23

Glen Worthey
Direct Examination by Ms. McQueen 28
Cross-Examination by Ms. Morgan 36
Redirect Examination by Ms. McQueen 44

EXHIBITS

OFFERED ADMITTED

Respondent's Exhibit Number 1 27 27

Respondent's Exhibit Number 2 27 27
Respondent's Exhibit Number 3 27 27
Respondent's Exhibit Number 4 43 44
 1 THE COURT: Okay. We'll go on the record.

2 This is 21-OP-449, Worthey versus Kolodyazhnaya?

3 THE RESPONDENT: Kolodyazhnaya.

4 THE COURT: Okay. All right. Thank you very

5 much. And my apologies for the mispronunciation.

6 So, we have present the respondent.

7 Madam, is it okay if I refer to you as Marina

8 for the purposes of this hearing?

9 THE RESPONDENT: (No audible response.)

10 THE COURT: Okay. And, again, it's -- the cause

11 is my inability to pronounce long words.

12 So, the respondent to the original petition,

13 Marina, is here with her counsel, Ms. Morgan.

14 Good morning, Ms. Morgan.

15 MS. MORGAN: Good morning, Judge.

16 THE COURT: And I have the petitioner,

17 Mr. Worthey, present with his counsel, Ms. McQueen.

18 MS. MCQUEEN: Judge, I am filling in for Ms.

19 Webber at this time.

20 THE COURT: For?

21 MS. MCQUEEN: Ms. Barb Webber at this time.

22 THE COURT: Ms. Webber, okay.

23 Okay. We have an entry of appearance filed by

24 Barbra Webber in this case.

3
 1 So, this is before the Court on petition for

2 re-hearing of the Court's emergency order of protection.

3 I gather -- Ms. McQueen, did you receive a copy

4 of the petition for re-hearing?

5 MS. MCQUEEN: I have not received a copy of

6 that, Judge.

7 THE COURT: Okay.

8 (Inaudible discussion held.)

9 MS. MCQUEEN: It sounds like my client does have

10 one, though.

11 THE COURT: Does he have it with him?

12 THE PETITIONER: Yes.

13 MS. MCQUEEN: Yes, Judge.

14 THE COURT: Would you like a moment to review

15 it?

16 MS. MCQUEEN: We're good, Judge.

17 THE COURT: Okay. So, first issue is, Ms.

18 McQueen, do you oppose the motion for a re-hearing?

19 MS. MCQUEEN: Judge, we would be opposing the

20 motion for re-hearing at this time.

21 THE COURT: And the -- do you wish to be heard

22 on that?

23 MS. MCQUEEN: Judge, we're just opposing for the

24 record at this time.

4
 1 We -- we do understand that it sounds like

2 respondent did not receive notice of that initial

3 emergency order of protection, but just for the record.

4 THE COURT: All right. Well, we'll show the

5 objection to re-hearing the case is overruled. We will

6 re-hear the emergency order of protection.

7 Ms. Morgan?

8 MS. MORGAN: Judge, my client did actually

9 receive the order of protection. That's why we're here.

10 That's why I filed a notice to re-hearing.

11 So, she did receive timely notice of that.

12 THE COURT: That's my understanding as well.

13 Okay. Then are you prepared to proceed --

14 MS. MORGAN: I am.

15 THE COURT: -- Ms. Morgan? Okay.

16 And do you have evidence or testimony to

17 present?

18 MS. MORGAN: I do.

19 THE COURT: Okay. And do you intend to call a

20 witness?

21 MS. MORGAN: I will call my client.

22 THE COURT: Okay. And, madam, can you come

23 around here to the witness stand, please, and I'll swear

24 you in.

5
 1 (Witness sworn.)

2 MARINA KOLODYAZHNAYA

3 the Respondent herein, called as a witness on

4 her own behalf, being first duly sworn, was examined and

5 testified as follows:

6 THE COURT: Very good. Come around here. Have

7 a seat in the witness stand.

8 Ms. Morgan, you can question from the table or

9 from the podium, your preference.

10 DIRECT EXAMINATION

11 BY MS. MORGAN:

12 Q. Please state your name.

13 A. Marina Kolodyazhnaya.

14 Q. How old are you?

15 A. 59.

16 Q. And you are currently married to Mr. Worthey; is

17 that correct?

18 A. Yes.

19 Q. When were you married?

20 A. In -- where? It was in California in San Jose

21 in 2008.

22 Q. And are you currently employed?

23 A. No.

24 Q. When's the last time that you were employed?

6
 1 A. I was working at Stanford University for many

2 years and it was -- it ended in December or maybe

3 January, beginning of January of 2020.

4 Q. And was your husband employed at that time as

5 well?

6 A. Yes, he was.

7 Q. Where did he work?

8 A. He also worked at Stanford University in the

9 library.

10 Q. Okay. And was it --

11 THE COURT: I'm -- I missed the last word. At

12 Stanford University at?

13 THE WITNESS: At the library.

14 THE COURT: At the library. Thank you very

15 much.

16 MS. MORGAN: I'm gonna ask you to speak up a

17 little bit just for me. I'm having --

18 THE WITNESS: Okay.

19 MS. MORGAN: -- a little bit of difficult --

20 hearing.

21 Q. (By Ms. Morgan) So, were you employed as a

22 librarian as well?

23 A. I was a library assistant. He was a librarian.

24 Q. Okay. And when did you move to Champaign-Urbana

7
 1 area?

2 A. In January of 2020.

3 Q. Why did you -- to relocate here?

4 A. We relocated so that my husband could take a

5 better and higher position over here to improve his

6 career choices.

7 Q. And what is his position? Where -- where --

8 where is he employed?

9 A. He's an associate director of -- of the center

10 for digital research, HTRC, HathiTrust Research Center.

11 Q. Where --

12 A. It's related to the university and the library

13 school.

14 Q. Where do you two live?

15 A. We live at 6 Shuman Circle in Urbana.

16 Q. And did you -- do you own that house or are you

17 renting?

18 A. We -- we own that house.

19 Q. When did you purchase that home?

20 A. Right before we moved in in December of 2019.

21 Q. When did your husband actually start his

22 employment at the university?

23 A. I think he started earlier in -- in November of

24 fall 2019 and started working from -- from home online.

8
 1 Q. Now, you indicated a few minutes ago that you're

2 not currently employed; is that correct?

3 A. Yes.

4 Q. And why is that?

5 A. Because we decided that since we were able to

6 retire from the university, I will be officially retired.

7 And I found a house that, well, I will be remodeling.

8 And I thought my career will be to remodel house that we

9 are living in.

10 Q. Okay. Have you been remodeling that house on

11 Shuman?

12 A. Yes, I was.

13 Q. How -- how far along is the remodeling on that

14 home?

15 A. About halfway through.

16 Q. And does anybody else live there besides you and

17 your husband?

18 A. No, only our two dogs.

19 Q. Now, you -- have you had some marital problems

20 recently?

21 A. Yes. Yes, we did.

22 Q. And can you describe -- can you describe what

23 happened on April 26th?

24 A. On (unintelligible) April 26, I discovered that

9
 1 my husband is engaged in an extramarital affair with

2 another woman. He is receiving hundreds of, you know,

3 e-mails and texts from her. And -- and I found out about

4 that when he went on a date with her secretly from me.

5 So, when he -- when he returned back, I confronted him

6 about that.

7 Q. Okay. And did he admit to the affair?

8 A. Yes, he did. He said that it's not an affair

9 and -- because she -- she only loves me. I don't love

10 her back. And it's just -- it's -- it's something that I

11 want to -- I was hiding it from you, and I don't know

12 what to do.

13 Q. And how long did you have a conversation about

14 this affair?

15 A. Oh, for many -- for many hours.

16 Q. Okay. And you are familiar with the allegations

17 in your husband's order of protection; is that correct?

18 A. Yes.

19 Q. Do the two of you have any pets?

20 A. Yes. We have two dogs.

21 MS. MORGAN: For the record, I've just printed

22 the addendum and the actual information sheet, which is

23 number seven, that has the allegations from the order of

24 protection.

10
 1 THE COURT: Very good.

2 MS. MORGAN: May I approach the witness, Your --

3 THE COURT: You may.

4 MS. MORGAN: -- Honor?

5 Q. (By Ms. Morgan) I'm gonna hand you what is

6 marked as Respondent's Exhibit Number 1.

7 Do you recognize that document?

8 A. Yes, I do.

9 Q. And what is that?

10 A. This is the addendum to the petition for the

11 order of protection from my husband.

12 Q. And have you read through this?

13 A. Yes, I have.

14 Q. Now, the first paragraph indicates that you

15 physically prevented him from coming in the front door of

16 the marital home. Did you do that?

17 A. Yes, I did. He was aggressive and abusive and

18 yelling at me. And as I -- as I was looking in between

19 the front door, when he was screaming at me in my face, I

20 just locked the door for a second. And he immediately

21 ran around and got himself into the -- into the balcony.

22 And we continued the really unpleasant conversation after

23 that.

24 Q. Okay, when you just said that he was aggressive

11
 1 and abusive, what do you mean by that?

2 A. Well, he was yelling at me that he's not gonna

3 stop any relationships. That, you know, I'm -- I'm --

4 I'm not going to be telling him what kind of

5 relationships he's going to have with anybody. Just --

6 just being -- I don't know. Just yelling and screaming

7 at me.

8 Q. When you said that you -- you closed the door;

9 is that correct? Is that your testimony?

10 A. Yes.

11 Q. At any time, did you shove him?

12 A. No.

13 Q. During the next hour -- well, you said that the

14 arguing went on for quite a while; is that correct?

15 A. Yes.

16 Q. Do you recall what time that ended?

17 A. Maybe around ten.

18 Q. What time did you start arguing with him?

19 A. Probably around six.

20 Q. Did you call 911 on that evening?

21 A. No.

22 Q. Did you threaten that you were going to call

23 911?

24 A. No, we had a conversation that he was telling me

12
 1 that, you know, he's the one who has the job and I'm the

2 one who's going to be leaving. He, you know, he's --

3 he's not gonna leave. And I told him that in case when

4 two people cannot live in the house together, it's

5 probably the man who's going to be leaving the house, but

6 it -- it was not -- I was not threatening him to call

7 anybody.

8 Q. Did you -- were you drinking that evening?

9 A. Yes. I had a few glasses of wine. I don't ever

10 drink more than two glasses of wine (unintelligible).

11 Q. He indicated, as you're aware from reading the

12 addendum, that you were -- you drank heavily, and then

13 you drove the car somewhere; is that correct?

14 A. I do not understand how that is a threat to him,

15 but, yes, I did run out --

16 (Crosstalk.)

17 THE COURT: -- just a second. We're on the

18 record, and there's a -- a question to the witness that

19 might implicate criminal activity. So --

20 THE WITNESS: Oh, no, I wasn't --

21 THE COURT: -- ma'am, hold on just a second.

22 Let me finish my admonition.

23 You can't be compelled to answer any question

24 that might implicate you in criminal activity.

13
 1 That being said, Ms. Morgan, is the question

2 withdrawn?

3 MS. MORGAN: No, Judge. I know the answer --

4 THE COURT: Okay.

5 MS. MORGAN: -- to the question.

6 A. No. I went out before -- before I -- I -- I

7 started drinking wine. I went out to get a pack of

8 cigarettes because when I get nervous, I smoke. So, when

9 I came back, then -- then after that, I started smoking

10 and drinking and -- and, you know, being upset.

11 Q. (By Ms. Morgan) Did both of you sleep in the

12 home on that evening?

13 A. Yes, we did. I really did not sleep that night,

14 but, yes, he did.

15 Q. And what happened the next morning?

16 A. The next morning he left and left me a note.

17 Darling, I'm sorry. And -- and then he said that he's

18 going to be renting an apartment for some time and

19 disappeared.

20 MS. MORGAN: Can I assume that I have the right

21 to keep --

22 THE COURT: You have continuing permission, Ms.

23 Morgan.

24 Q. (By Ms. Morgan) I'm gonna hand you what I've

14
 1 marked as Respondent's Exhibit Number 3.

2 Do you recognize that?

3 A. Yes, this is the note that he left for me on the

4 morning that he was leaving.

5 Q. Okay. And what does it say?

6 A. It says darling, I'm gone, at least for now.

7 I'm so sorry about every -- everything. Sorry that we

8 can't seem to talk. Sorry that I felt I had to hide from

9 you even though -- even when I had nothing really to

10 hide. I know I'm wrong about a lot of things, but not

11 about everything. And I can't keep living with lies and

12 judgments.

13 Q. And did you think that this was an aggressive

14 note in any fashion?

15 A. Absolutely not.

16 Q. Returning to the addendum, which I have marked

17 as Exhibit Number 1.

18 The last paragraph was that on the evening of

19 April 29th, you texted him to say you were leaving the

20 next day for an indefinite period, and that he could

21 retrieve the car from O'Hare Airport on Saturday and

22 return the -- home to care for the dogs. Although he

23 didn't appreciate being ordered around like that.

24 Did you actually leave the next day?

15
 1 A. No, I left on May 1st. I just told him on 29

2 that I will be leaving for some time. I explained to him

3 (unintelligible) my friend offered me a free apartment.

4 And I asked him -- told him that it will be better if he

5 stays, you know, comes back from Airbnb and that we won't

6 be spending additional money for it since we are in the

7 process of sorting things out --

8 Q. So --

9 A. -- and --

10 Q. -- what happened after the initial -- the

11 evening when you found out that he was having the affair?

12 You said that you spent the night there; is that correct?

13 A. Yeah.

14 Q. Did he spend the night there as well?

15 A. Yes, of course.

16 Q. And when did he actually leave the residence,

17 then?

18 A. The next morning around 9 -- 9:00 a.m.

19 Q. And was there any confrontation at that time

20 when he left the residence?

21 A. No.

22 Q. Was there any understanding of when he was

23 coming back or who was coming back?

24 A. No, he just said for now.

16
 1 Q. In -- I'm gonna hand you what I've marked as

2 Respondent's Exhibit Number 2.

3 Do you recognize that document?

4 A. Yes.

5 Q. What is that?

6 A. It's the page from the deposition -- what's it

7 called? The --

8 Q. Is it from the --

9 (Crosstalk.)

10 A. -- order of protection.

11 Q. And on that document, under number seven, you

12 see where it says June 11 at the top? The very first --

13 A. Yes.

14 Q. -- paragraph?

15 A. Yes.

16 Q. He says that he consented to allow you access to

17 the marital home from June 6th to June 8th.

18 Can you explain that?

19 A. I don't know why he thinks that he can consent

20 for me to come back, but, yes, we did have a -- a -- a

21 conversation in the beginning of when I was going to San

22 Francisco. I also had a conversation with him that my

23 other friends also invited me to come to -- to go on a

24 trip together. I invited him also to go on the same trip

17
 1 in order to start talking to each other. But he refused

2 to do that. And then -- then I never -- I never -- I

3 told him that I'm going to be staying there for --

4 between six and eight when I knew that, you know, our --

5 you know, our divorce is going to be amicable. And --

6 and I did not understand that, that that trip was -- was

7 important. But when -- as soon as I understood that, you

8 know, he is going to be preventing me from coming back

9 home, I stopped talking to him and did not tell him that

10 I'm not leaving on -- on June 9 -- on June 8.

11 Q. Okay. So, let's back up a little bit. So, he

12 went to an Airbnb, you indicated; right? The -- the

13 night after you two -- he -- you found out about the

14 affair and all that business; correct?

15 A. Yes.

16 Q. And how long did you (sic) stay at the Airbnb?

17 A. He -- when I -- when I was leaving to fly to San

18 Francisco, I told him that he can come back home and stay

19 there.

20 Q. When did you go to San Francisco?

21 A. May 1st.

22 Q. Why did you go to San Francisco?

23 A. Because -- because a friend of mine offered me

24 to -- to have a -- a free apartment that was available.

18
 1 And I thought it will be good for both of us to have some

2 time and space and not renting Airbnb, but for him to be

3 back in the house and for me to stay in that -- in that

4 free apartment.

5 Q. When --

6 A. I also have relatives there, you know, and

7 family, so.

8 Q. Was it your intention to stay there?

9 A. No, never.

10 Q. Did you, at any time, relay to him that hey, I'm

11 moving to San Francisco?

12 A. Absolutely -- or did I say what?

13 Q. Did you ever tell him that you were moving to

14 California?

15 A. Oh, no. Absolutely not. No, he -- he knows

16 that apartment and he knew that I'm staying there for a

17 while, but we never discussed for how long because we had

18 marriage counseling and there were other things we were

19 discussing and --

20 Q. When did you have the marriage counseling?

21 A. We had it two times on May -- May 5 and May 12.

22 Q. And that was after you were there --

23 (Crosstalk.)

24 A. Yes, I was in San Francisco.

19
 1 THE COURT: Okay. Hold on just a minute.

2 You have to wait until the question finishes

3 before you answer. It's okay. This is an unusual way to

4 communicate.

5 Go ahead, Ms. Morgan.

6 Q. (By Ms. Morgan) That was after you left the

7 residence, but before the order of protection; is that

8 correct?

9 A. Yes.

10 Q. And at any time -- were you talking to him

11 frequently or how often were you talking to him when he

12 was -- when you were in California?

13 A. We were frequently texting each other about both

14 our relationship and about things that happened in the

15 house, about our dogs. He was sending me pictures --

16 pictures of the dogs and telling me about the neighbors

17 and everything that happens in the house and stuff like

18 that.

19 Q. Okay. And was -- was that amicable

20 communication?

21 A. Absolutely.

22 Q. At any time, did he mention that he felt

23 threatened by you or that he didn't want you to return to

24 the residence?

20
 1 A. Never.

2 Q. And you returned to the residence when?

3 A. On June 6th.

4 Q. And did he know that you were gonna be arriving

5 then?

6 A. Yes.

7 Q. How did he know?

8 A. I told him that I'm -- I'm -- I'm arriving on --

9 on June 6.

10 Q. When you arrived, you went to the marital home?

11 A. Yes.

12 Q. Was he present there?

13 A. No.

14 Q. When was the next time that you saw him?

15 A. Until now, I -- I did not see him.

16 Q. So, you read the allegations in the order of

17 protection; is that correct?

18 A. Yes.

19 Q. And there was an -- an allegation about an iPad

20 or something, a tablet, something of that nature.

21 Do you recall that allegation?

22 A. Yes, I -- I do.

23 Q. Do you recall what happened with regard to the

24 tablet?

21
 1 A. Yes, I broke the tablet. It was last summer.

2 And, at that time, we had, also, another angry

3 conversation. My husband told me that he's addicted to

4 pornography and masturbation.

5 Q. And how did -- what did that have to do with the

6 tablet?

7 A. I broke the tablet on the floor.

8 Q. Do you recall an incident in Exhibit Number 2

9 where on April 26th, you forcibly tried to enter the home

10 of a friend --

11 A. Yes.

12 Q. -- where he was inside? Can you describe what

13 happened on that occasion? More importantly, where was

14 that exactly?

15 A. Okay, so, the woman that is sending my husband

16 love letters and he's writing her back after I fall

17 asleep is a friend of both of us, and we frequently met

18 her in the park. And also went to her -- to her house

19 and she came to ours. So, I was -- we went to -- on the

20 evening of 26, we both went to her house and I wanted to

21 understand how our relationship is going to work. Then

22 when I stepped out, she locked the door behind me, and I

23 banged on the door. I really wanted my husband to come

24 out, which he did. And we went -- both went home after

22
 1 that. But I was never attacking her or him in any way.

2 Q. Do you have any source of income right now?

3 A. No.

4 Q. Do you have any place to live besides your

5 marital home in --

6 A. No.

7 Q. -- (unintelligible).

8 MS. MORGAN: I don't have anything further, Your

9 Honor.

10 THE COURT: Thank you very much, Ms. Morgan.

11 Questions for the witness, Ms. McQueen?

12 MS. MCQUEEN: I do believe I have just -- just a

13 couple, Judge.

14 THE COURT: Go ahead.

15 CROSS-EXAMINATION

16 BY MS. MCQUEEN:

17 Q. Ma'am -- and I apologize if I -- I -- I'm -- I

18 want to clarify just a few things 'cause, again, it was

19 just a little bit hard to hear over there; okay? So, if

20 I repeat anything, I apologize.

21 You stated on -- on one of the occasions, that

22 he confronted you and was -- and was yelling and abusive

23 to you; correct?

24 A. Yes, we -- we were having a big row, and both he

23
 1 and I were argumentive and --

2 Q. You were yelling at each other?

3 A. Yes. He --

4 Q. And you actually stated that you put your hands

5 on him; didn't you?

6 A. I did not put the hands on him. I just locked

7 the door when I was coming into the house and he was

8 behind me. And he was telling me that he's not gonna be

9 living in a totalitarian regime. I probably lock --

10 locked the door for a second, but it didn't last long and

11 he came back into the house immediately.

12 Q. And, at that time, is that when you made the

13 comment that men are generally the ones that leave in

14 these situations?

15 A. I thought so, yes, but --

16 Q. And, ma'am, you had been drinking that evening;

17 right? That is what you -- that's what I heard?

18 A. I was drinking. I was drinking wine, yes.

19 Q. But in your communications that you've had with

20 him, you've stated that he has not -- you didn't feel

21 that those are abusive communications at all?

22 A. My communications?

23 Q. The -- in the writings, the letters, the --

24 any --

24
 1 (Crosstalk.)

2 A. Oh, no, after -- after -- after we quarreled --

3 THE COURT: Hold on, just a second.

4 Marina, please wait until the question has

5 completely finished before answering.

6 Go ahead.

7 Q. (By Ms. McQueen) You -- you indicated that you

8 did not believe that any of the written communications

9 were abusive or aggressive?

10 A. No.

11 Q. And this is just a -- a -- a clarifying

12 question, again, 'cause I'm hard-of-hearing over there,

13 but, you said that the apartment, that was in California;

14 right?

15 A. Yes.

16 Q. And that was given to you for free by a friend?

17 A. (No audible response.)

18 Q. And can you answer --

19 (Crosstalk.)

20 THE COURT: You have to answer verbally.

21 THE WITNESS: Yes.

22 MS. MCQUEEN: Okay.

23 THE COURT: Thank you.

24 Q. (By Ms. McQueen) Can you walk me through how

25
 1 that communication came to be with your friend? How

2 that -- why they offered the free apartment to you?

3 A. Well, after Glen left, I started -- a lot of

4 people started calling me, you know? And I was telling

5 them what happened to me. And a lot of them offered help

6 and support and one friend offered a free apartment. I

7 thought it was a good opportunity for both of us to cool

8 off and have some time to think what to do.

9 Q. And is that offer still open at the moment?

10 A. No. No, it's not. It was just in between the

11 rental periods.

12 Q. What went -- what rental periods

13 (unintelligible) --

14 A. By my friend --

15 (Crosstalk.)

16 Q. -- for that apartment?

17 A. My friend is renting the apartment and, at that

18 time, she had it free.

19 MS. MCQUEEN: If I may have just one moment,

20 Your Honor?

21 THE COURT: You may.

22 MS. MCQUEEN: I don't believe I have anything

23 further, Judge.

24 THE COURT: Okay. Any redirect, Ms. Morgan?

26
 1 MS. MORGAN: No, Judge. Thank you.

2 THE COURT: Okay. Thank you, ma'am. You may

3 step down. Have a seat with your attorney.

4 (Witness excused.)

5 THE COURT: Ms. Morgan, are you moving that

6 those exhibits be entered into evidence?

7 MS. MORGAN: I am, Judge.

8 THE COURT: Okay. Is there an objection?

9 MS. MCQUEEN: No, Judge.

10 THE COURT: Okay. Then they'll be --

11 MS. MORGAN: Thank you.

12 THE COURT: -- admitted without objection.

13 Okay. Further, Ms. Morgan?

14 MS. MORGAN: No, Judge.

15 THE COURT: Okay. And, Ms. McQueen, do you have

16 any evidence or testimony at this hearing?

17 MS. MCQUEEN: Judge, I would briefly call my

18 client, Mr. Worthey, to the stand.

19 THE COURT: Okay. Sir, if you could come around

20 here and raise your right hand.

21 (Witness sworn.)

22 GLEN WORTHEY

23 the Petitioner therein, called as a witness on

24 his own behalf, being first duly sworn, was examined and

27
 1 testified as follows:

2 THE COURT: Very good. Come around here. Have

3 a seat in the witness stand.

4 Ms. McQueen, go ahead --

5 MS. MCQUEEN: Thank you.

6 THE COURT: -- when you're ready.

7 DIRECT EXAMINATION

8 BY MS. MCQUEEN:

9 Q. Can you please state your name just for the

10 record?

11 A. Glen Worthey.

12 Q. And, Mr. Worthey, how old are you?

13 A. 57.

14 Q. And where do you work (unintelligible)?

15 A. University of Illinois.

16 Q. That's as -- as a librarian; correct?

17 A. No, School of Information Sciences.

18 Q. You have filed an emergency order of protection;

19 correct?

20 A. Yes.

21 Q. Okay. I want to just call your attention

22 briefly to a couple of those instances that you alleged.

23 So, walk me through a little bit of what

24 happened on April 26th with the forceful entry to the

28
 1 household. Can you explain what you mean by forceful

2 entry?

3 A. I'm not -- are you talking about --

4 (Crosstalk.)

5 Q. -- forcibly tried to enter the household of your

6 friend?

7 A. Of the friend, yes. I had -- after Marina

8 supposedly discovered texts that she interpreted to mean

9 I was having an affair, I said well, we can go over to

10 Jean's house -- her name is Jean Thompson (phonetic)

11 and -- who lives nearby. We -- it's walking distance. I

12 had met her earlier to walk with dogs. She has a dog I

13 walk with my dogs -- with our dogs. So, we walked to

14 Jean's house, had a very heated conversation in which

15 Marina was verbally abusive of Ms. Thompson.

16 Q. And I'm gonna stop you for just a second,

17 Mr. Worthey (unintelligible). I don't want you to speak

18 too long.

19 A. Okay.

20 Q. So, when you say verbally abusive, can you

21 iterate anything that she had said to Ms. Thompson?

22 A. She told her that she was ridiculous and old and

23 ugly and what was she doing preying on a younger man,

24 things of that nature.

29
 1 Q. Okay. So, after you walk the dog, you arrive

2 back at Ms. Thompson's house?

3 A. Yes, I walked the dog, arrive back at our house.

4 We had a short, heated conversation in which I proposed

5 going to Ms. Thompson's house to clarify things, and we

6 walked over there together. And that's where the -- the

7 verbal abuse occurred. Shall I continue that story?

8 Q. Okay. Now, talk to me about the -- forcing her

9 way in or attempting to force her way into the house.

10 A. The conversation was apparently going nowhere,

11 so, we got up to leave. Marina left first followed by

12 the dogs. And Jean was very angry and had asked Marina

13 to let me stay to talk for a few more minutes. Marina

14 refused. But after she had left, Jean closed her own

15 door and locked it to have a few words with me. After

16 which, Marina picked up a piece of cast iron furniture or

17 something that was on the porch and started banging on

18 the door with it. It's a door with a glass window, it

19 was pretty frightening.

20 Q. And did you see that piece of furniture?

21 A. Yes.

22 Q. Do you -- do you happen to know exactly what

23 kind of furniture it was or just being able to describe

24 it --

30
 1 A. It looks like a little flower cart or something.

2 It's about the size of a small shopping cart.

3 Q. How did you see that?

4 A. Well, it's -- was on her porch before and after

5 and I saw the shadow of it through the window as it was

6 being banged on the door.

7 Q. How did that situation defuse?

8 A. Either Marina stopped or I opened the door and

9 left and followed Marina back home where we continued the

10 argument. One of the dogs was not on leash, so I tracked

11 the dog down and took her as well.

12 Q. And I want to now call your attention to April

13 29th, to the -- she had sent you a text message.

14 Can you describe what had happened with her

15 leaving that day?

16 A. She just said that she had decided to go to San

17 Francisco and that she was driving to the airport, would

18 leave the car in the airport, and would leave in the --

19 leave the next morning. And instructed me to go pick up

20 the car and to move back into the house.

21 Q. What day did you go pick up the car?

22 A. Saturday, I believe, the 30th of April.

23 Q. And when you say she instructed you to reenter

24 the house, what did you believe that to mean at that

31
 1 point?

2 A. That she was leaving for an indefinite time and

3 that somebody had to take care of the dogs.

4 Q. Do you know about how long she was gone for or

5 when the last time she was -- that she returned?

6 A. She returned on -- on May -- I'm sorry --

7 June 6th, yeah.

8 Q. And is that the June 6th to June 8th period that

9 she had told you about?

10 A. Yeah. So, she told me a few days before that

11 she was going to be there for two days, and then would

12 leave again. And, so, I said that's fine. I will find a

13 place to stay for those two days, and then we'll work

14 things out.

15 Q. And where did you stay those two days?

16 A. I rented an Airbnb.

17 Q. Mr. Worthey, do you own any other property at

18 all?

19 A. No.

20 Q. Is that your primary place to live?

21 A. Yes.

22 Q. And what is that address again?

23 A. 6 Shuman Circle, Urbana.

24 Q. Who owns that house specifically?

32
 1 A. Jointly, we own it.

2 Q. You have two dogs?

3 A. Yes.

4 Q. And who primarily takes care of those dogs?

5 A. We do it jointly. My impression is that I do

6 more, but I'm sure Marina would not agree with that.

7 Q. And in the last month or so, who's been taking

8 care of the dogs?

9 A. A hundred percent me.

10 Q. And do you have any problems taking care of the

11 dogs?

12 A. No, we're fine.

13 Q. How many times has Marina left for California or

14 other destinations?

15 A. Just that one time, yeah.

16 Q. Has there been any other times that she's left

17 and you not know of it?

18 A. Not that I know of.

19 Q. Okay. Going back to April 26th just briefly.

20 Did -- at -- actually, I apologize. Give me just --

21 When she forcibly -- I -- I apologize.

22 Did she ever put her hands on you at any time?

23 A. Yes, after -- after the argument at Ms.

24 Thompson's house and we returned, she entered the family

33
 1 home first. As I tried to follow her, she pushed me out,

2 locked the door for a very long time. Contrary to her

3 testimony, I was not yelling at her at all, I was

4 cowering in fear. I asked her through the closed door

5 many times to let me back in for five or ten minutes.

6 Then I sat and thought and realized that the balcony door

7 was open and, so, I just came in that way.

8 Q. At what point did she put her hands on you?

9 A. As she pushed me out -- as -- before she locked

10 the door behind me.

11 Q. And when you say you were cowering in fear; why?

12 Why were you (unintelligible)?

13 A. Because she had been very, very violent.

14 Q. Okay. Can you -- can you explain that?

15 A. Well, that -- that was the -- that was right

16 after she'd beat Ms. Thompson's door.

17 Q. Do you remember anything that she had said to

18 you when you arrived back at the family home?

19 A. That she didn't want me there anymore, that I

20 was to leave. That it's always the man who leaves in

21 that case. And, yeah, that was before arriving. Did you

22 ask about after arriving?

23 Q. After you arrived (unintelligible).

24 A. Yeah. So, after -- after I came back in -- she

34
 1 didn't try to prevent me from coming in the second time,

2 which I was grateful for. We did continue to argue for

3 many hours. She did indeed dial 911 and showed it to me

4 on her phone. She didn't -- she didn't complete the

5 call, but she showed it to me. Then she went outside, I

6 think, to pretend like she was calling. And I stayed

7 inside. The -- the argument continued for a long, long

8 time after that. That it was -- that I was conducting a

9 sordid affair, which is not true. That she didn't

10 understand why this was happening and -- but that she

11 would never allow me to continue it.

12 Q. And did she leave after that argument?

13 A. After a few hours, yes, she did. That's when

14 she left in the car.

15 Q. Okay.

16 A. How else --

17 (Crosstalk.)

18 Q. -- she gone in the car?

19 A. It seemed like half an hour. I wasn't sure. It

20 was very late at that point. And I do believe that she

21 had continued drinking. I was worried that she would not

22 be safe in the car, and so I waited up and -- and tried

23 to make sure that she was okay.

24 Q. And she arrived home that night?

35
 1 A. She arrived home. And as far as I know, she

2 didn't come back in the house. I -- I think she was

3 sleeping in the car last I checked. I think that was

4 around midnight.

5 Q. You -- did you stay at the house that night?

6 A. I did stay at the house, yes.

7 Q. When did you leave the house?

8 A. I left the house the next morning, about 7:30,

9 to walk the dogs and to find a place to rent, that Airbnb

10 that I found. And, then, I left that same morning.

11 MS. MCQUEEN: I don't believe I have anything

12 further.

13 THE COURT: Thank you.

14 Ms. Morgan, do you have questions?

15 MS. MORGAN: I do, Judge.

16 THE COURT: Go ahead when you're ready.

17 CROSS-EXAMINATION

18 BY MS. MORGAN:

19 Q. You indicated that after she had locked you out,

20 that you came back into the house; is that correct?

21 A. Yes.

22 Q. So, would it be -- did you call the police when

23 you came back into the house?

24 A. No, I did not.

36
 1 Q. And you spent the night there; is that right?

2 A. Yes.

3 Q. So, apparently you weren't too afraid of Marina

4 at that time; is that correct?

5 A. She was not in the house.

6 Q. But --

7 A. So, no.

8 Q. -- she -- she could have had access and come

9 into the house --

10 A. Yes --

11 Q. -- at any time while you were sleeping --

12 A. -- yes, she could have.

13 Q. -- is that correct?

14 THE COURT: I'm sorry, you have to wait till the

15 question completely finishes.

16 A. Yes, that's correct.

17 Q. (By Ms. Morgan) Okay. Why did you seek an

18 order of protection from the Court?

19 A. Because she had said that she was going to leave

20 after two days. I had only planned for two days. I

21 didn't have any clothes. I only had a -- a rental for

22 two days. She said that she would -- unilaterally

23 decided that she was going to stay there. And my

24 attorney had advised me to -- to tell her that she wasn't

37
 1 to be there since that -- our agreement was not to have

2 her there. And the protective order was meant to protect

3 my right to be in the house without her.

4 Q. So, you filed the order of protection to enable

5 you to have exclusive possession in the home; is that

6 correct?

7 A. Yes.

8 Q. Okay.

9 MS. MORGAN: May I approach the witness, Your

10 Honor?

11 THE COURT: You may.

12 Q. (By Ms. Morgan) I'm gonna hand you what I've

13 marked as Respondent's Exhibit Number 4.

14 A. Thank you.

15 Q. Do you recognize that communication?

16 A. Yes, I do.

17 Q. Okay. And is that an e-mail that you sent to

18 Marina on June 9th?

19 A. Yes, it is.

20 Q. And what was the intent of that e-mail?

21 A. So, the order of protection was -- was filed on

22 June 8th, and I thought that -- she, at that point, was

23 in the house, and I thought that she would be leaving

24 within a few days based on the order. It turned out, as

38
 1 I found out on June 9th, that she had been evicted by the

2 sheriff who served the order of protection. That was not

3 my understanding of what the order of protection was

4 supposed to do. She was also under the -- under the

5 impression that -- that there was a no contact order,

6 which was also not according to my understanding. I was

7 mortified that she had been evicted and that she was not

8 allowed or did not contact me about it. The dogs were in

9 the house all night without my knowing it and into the

10 next day, around noon the next day. So, I was trying to

11 clarify why this fairly benign order of protection that

12 Judge Dyer had approved, why that had resulted in such an

13 unexpected eviction. So, I gathered all the documents, I

14 called the sheriff's office. I called the court clerk to

15 try to figure out what had gone wrong, why the order was

16 so badly misunderstood. And that's -- that was the

17 purpose of the e-mail.

18 Q. Okay. So, you said it was benign, the order of

19 protection; is that correct?

20 A. I thought so.

21 Q. Did you complete the petition of order of

22 protection yourself?

23 A. I used the online self-help form.

24 Q. And in that order of protection, the actual

39
 1 order, there are many things that were stricken in that

2 document; is that correct?

3 A. That's right.

4 Q. And part of what was stricken in that document

5 was that you were going to -- you were asking for

6 exclusive possession of the home; is that correct?

7 A. That's correct.

8 Q. Okay. And did you change your mind about that?

9 Did you tell the judge you changed your mind about

10 wanting exclusive possession of the home?

11 A. No, the judge didn't order on exclusive

12 possession. He ordered on not preventing my entrance

13 into the house or, rather, he ordered that she allow me

14 to enter the house and that we not be there at the same

15 time. But he didn't order on who got sole possession.

16 Q. You also had checked a box on that document,

17 number three, a stay away from petitioner and certain

18 places; isn't that correct?

19 A. Yes. My understanding of that is stay away from

20 the residence while I was there. I believe that's what

21 the -- number three says.

22 Q. And that was stricken as well by the Court; is

23 that correct?

24 A. Yes.

40
 1 Q. You also were seeking that -- well, you checked

2 a box indicating that you wanted all personal property

3 returned to you; is that correct?

4 A. I -- the judge and I discussed that at the ex

5 parte hearing. I could -- I had checked that and I

6 couldn't uncheck it on the self-help program.

7 Q. You also asked that you have the care, custody,

8 and control of the shepherd and your corgi; is that

9 correct?

10 A. That's right.

11 Q. And that was stricken as well; is that right?

12 A. Yes, under the logic that the dogs should stay

13 in the house, 'cause it's hard to rent a place with dogs.

14 Q. You -- you are employed at the University of

15 Illinois; is that correct?

16 A. That's right.

17 Q. What are your hours there?

18 A. It's a nonexempt -- I mean, an -- an exempt

19 position, so I work from early morning till late at night

20 and on weekends sometimes.

21 Q. And Marina's not employed; is that right?

22 A. No.

23 Q. Is that correct that she is not employed?

24 A. That is correct. She -- she failed to mention

41
 1 that she was briefly employed as an hourly at the library

2 in -- in December and chose not to continue that.

3 Q. So, would it be fair to say that she's usually

4 home with the dogs?

5 A. During the pandemic, we were both usually home

6 with the dogs.

7 Q. With regard to the exhibit I just handed you.

8 A. Mm-hmm.

9 Q. Can you read the last paragraph of that letter

10 before you actually have your -- your typed name in

11 there?

12 A. Shall I read it aloud?

13 Q. Yes.

14 A. I understand that this was pretty unpleasant for

15 you and I'm really sorry about that. The only reason I

16 felt I had to go to court was to get clarity. We had an

17 agreement about you staying only two nights. Then you

18 unexpectedly changed your mind without any agreement from

19 me and chose to take over the house. I hope once our two

20 lawyers are talking, we can avoid this kind of

21 misunderstanding.

22 Q. So, the only reason we're here today is because

23 you wanted to live in the house. You wanted her out of

24 the house; is that correct?

42
 1 A. No, that is not correct.

2 Q. But you just indicated -- admitted that in a

3 correspondence, you're saying the only reason you ever

4 came to court was because you wanted clarity because you

5 were confused where she said she was gonna be out of the

6 house and she came back to the house; isn't that correct?

7 A. I was not confused. I was disagreeing with her

8 unilaterally deciding while I was out -- prepared to be

9 out for two days, that she was gonna stay for the

10 duration of the divorce, which, as we all know, can be

11 months and years.

12 Q. So, you want her out of the house during the

13 divorce; is that correct?

14 A. I want her not to dictate terms about who goes

15 into the house. And especially when I go and when I

16 can't -- when I'm not to go.

17 Q. So, you want to dict (phonetic) those -- dictate

18 those instead; is that right?

19 A. I would like us to come to an agreement.

20 MS. MORGAN: Judge, I don't have any further

21 questions.

22 And I (unintelligible) tender Exhibit Number 4.

23 THE COURT: Okay. Ms. Morgan moves to admit

24 Respondent's 4.

43
 1 Is there an objection to that, Ms. McQueen?

2 MS. MCQUEEN: No, Judge.

3 THE COURT: Okay. It'll be admitted without

4 objection. Give me just a moment.

5 Okay. Thank you.

6 Further, Ms. McQueen, on your client's behalf?

7 MS. MCQUEEN: Just a brief redirect, Judge.

8 REDIRECT EXAMINATION

9 BY MS. MCQUEEN:

10 Q. Mr. Worthey, was there previously an agreement

11 concerning the house and who would be there?

12 A. There were agreements in the sense that when she

13 threatened to expel me late at night, I agreed that I

14 would leave the next morning.

15 Q. And that was during the numerous arguments?

16 A. Yes. So, I did agree to leave. When she said

17 that she was leaving, I did agree to come back. That was

18 an indefinite period of time. That was a -- that was a

19 tacit agreement. When she said she was coming back for

20 two days, I agreed to let her back. That was a tacit

21 agreement. When she said that she was leaving after two

22 days for about a month for the trip that she mentioned, I

23 assumed that that was the tacit agreement as well.

24 That's the one that was -- that was violated.

44
 1 Q. And, at this time, you're seeking a place to

2 stay?

3 A. Yes.

4 Q. And where do you want that place to be?

5 A. I think I should stay in the family home. I

6 have many, many job duties, as I said, at all times of

7 day and night. And that's the place where all of my

8 work -- that's where my home office is. It's -- when we

9 go back to the in-person work, it's close enough to my

10 in-person place of -- of work. And, so, that's the place

11 that I would like to stay.

12 Q. And who's currently paying for the house?

13 A. I am.

14 MS. MCQUEEN: I have nothing further, Judge.

15 THE COURT: Ms. Morgan, any recross?

16 MS. MORGAN: No, Judge.

17 THE COURT: Okay. And, Mr. Worthey, thank you

18 very much.

19 THE WITNESS: Thank you.

20 THE COURT: You may step down and rejoin your

21 lawyer at counsel table.

22 (Witness excused.)

23 THE COURT: Further evidence, Ms. McQueen?

24 MS. MCQUEEN: I have nothing, Judge. I would

45
 1 rest.

2 THE COURT: Okay. You have argument, Ms.

3 Morgan?

4 MS. MORGAN: Judge, I'll be brief.

5 This is really problematic. Orders of

6 protection are meant to protect victims. This is not a

7 situation where there is a victim. This is a situation

8 where there's two people that need to get a divorce, and

9 there is an issue with regard to who should be living in

10 the house. That is something that should be handled to

11 the family law court, not by filing an order of

12 protection.

13 And I was happy to see that Your Honor erred on

14 the side of caution, but struck most of what he was

15 requesting, which I think was completely appropriate.

16 At this time, there is -- there should be no

17 order of protection. This doesn't meet any kind of

18 factors for an order of protection be entered. I don't

19 know what these people are gonna do as far as how they're

20 gonna navigate to living in the same house during this

21 time, hopefully with caution, but I would argue that this

22 should not be granted. It should -- had the truth come

23 out, actually, it probably would have not been granted.

24 So, obviously, I'm asking the Court not further

46
 1 the order, that it not be continued.

2 THE COURT: Okay. In other words, Ms. Morgan,

3 just to clarify, you're asking to vacate the emergency

4 order of protection?

5 MS. MORGAN: I am, Judge.

6 THE COURT: Okay.

7 MS. MORGAN: Right.

8 THE COURT: Then, Ms. McQueen, do you have

9 argument?

10 MS. MCQUEEN: Briefly, Judge.

11 Ms. Morgan points to the fact that there's no

12 victim in this case and that order of protections are

13 meant to protect victims.

14 I would note that my client testified

15 specifically to the fact that he was cowering in a corner

16 because he was terrified of what his ex -- soon-to-be

17 ex-wife would do. He testified that she's physically put

18 his hands on her -- or that she -- she has physically put

19 his hands -- her hands on him. She was trying to enter a

20 friend's household while banging a cast iron furniture up

21 against the door.

22 I think, at this point, he's proven that he's a

23 victim.

24 This emergency order of protection was granted

47
 1 primarily to keep himself safe in a house that is the

2 only place that he has to go.

3 I think, at this point, the order of protection

4 was entered properly.

5 I would ask for a brief clarification on

6 paragraph number 3 as I do think it -- if you go to

7 paragraph number 3, there is still -- Judge, you yourself

8 struck the language of the stay away petitioner and

9 certain places, but there is -- that is not struck as to

10 the actual address.

11 I do think that there is some back and forth a

12 little bit --

13 THE COURT: I can jump in to clarify right

14 there. I struck the entire paragraph 3 --

15 MS. MCQUEEN: Okay.

16 THE COURT: -- and just neglected to cross out

17 boxes that were checked beneath that.

18 MS. MCQUEEN: Then, at -- at -- Judge, at that

19 point, what we would request is for this to stand as to

20 paragraph 3 being completely stricken.

21 I do think that he's proven that he would be a

22 victim that would be protected under an emergency order

23 of protection, Judge.

24 THE COURT: Okay. Thank you, Ms. McQueen.

48
 1 (Which were all the proceedings requested

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 IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

CHAMPAIGN COUNTY, ILLINOIS

CERTIFICATE OF REPORTER

I, Jessica Henrichs, an Official Court Reporter

for the Circuit Court of Champaign County, Sixth Judicial

Circuit of Illinois, transcribed an excerpt of the

electronic recording of the proceeding in the

above-entitled cause to the best of my ability and based

on the quality of the recording, and I hereby certify the

foregoing to be a true and accurate transcript of said

electronic recording.

Dated this 15th day

of July, 2021

50