Judges dismiss RI grandparents visitation case, ending lengthy trial

The “fatal flaw” within the grandparents’ case, Gill stated, got here from their very own proof performed at trial: A secret audio recording {that a} pal of theirs product of Naso two months after his spouse died.

Two sisters who stated they have been household mates of Ghoreishi and Khorsand visited Naso and Laila in June 2024. One of them, Lili Bahrami, recorded their almost three-hour go to on her iPhone. They advised Naso they only needed to know what occurred to Sherry Naso, their childhood pal.

And Naso was “unvarnished,” the choose stated.

Naso advised the sisters that he believed his in-laws’ medical care price Sherry Naso her life. He advised them about his toxic relationship with his in-laws. He advised them about plenty of prescriptions that Ghoreishi wrote for Sherry Naso and Laila. He advised them he believed that they’d misdiagnosed signs that Sherry Naso’s cancer had returned and discouraged her from getting care.

He stated that he believed his in-laws managed his spouse and interfered with their marriage, and he did not consider it was in Laila’s finest pursuits to be round them.

Naso stated he feared that they needed to make him seem like an unfit guardian and use their cash to remove Laila. He stated that he knew it sounded loopy, however Khorsand had “sent people to spy” on him.

Bahrami despatched the key recording to Ghoreishi and Khorsand, who submitted it as proof whereas the trial was ongoing.

Naso had advised the sisters that he had his guard up, due to the difficulty between him and his in-laws, the choose stated.

“And this piece of evidence corroborates that,” Gill stated. “It reinforces the reasonableness of Scott’s apprehensions and his decision to restrict visitation.”

The choose known as the recording “an invasion of privacy” and an “overstep” — and its existence guided his determination to not grant visits.

“We know at that time that he believed the grandparents were overbearing, that they’re interfering in his parental decision making, that [the] grandmother believes that she needs to protect Laila from him,” Gill said. “We know that he believes they’re spying on him. As he sits here today, he believes it to be true, because he was, in fact, recorded by someone who then proceeded to hand the recording to [Ghoreishi and Khorsand]. “He believes they’re moving against him for either custody or to show he’s unfit.”

By regulation, the courtroom should defer to a match guardian’s determination to not permit visits, until the grandparents can “clearly and convincingly establish” that the choice was unreasonable, Gill stated.

The choose permitted the motion filed by Naso’s lawyer to dismiss the trial, saying there was no means the trial might proceed.

At the identical time, the choose criticized Naso, accusing him of placing his personal pursuits forward of his daughter’s by reducing off visits. He stated he did not discover Naso’s testimony credible about Ghoreishi allegedly fabricating Laila’s medical data or that Laila’s visits together with her grandparents have been related to her getting sick at daycare.

Gill stated he noticed no proof that Laila’s dysregulation was brought on by the court-ordered visits with the grandparents. He stated the rationale for her reluctance to see them “was the notion that her grandparents were bad people, and the danger was put in her head or allowed to be put in her head by her father.”

The choose stated he did not discover that the grandparents “were engaged in a cycle of chronic illness,” as Naso described. “I can find that the father was upset to learn about the amount of prescriptions that [the] grandfather prescribed Laila… and he believed this to be excessive,” Gill stated.

Gill lamented that they hadn’t been capable of forge a relationship after Sherry Naso’s demise.

“This was a tragic case. Sherry Naso was by all accounts a loving, caring mother,” Gill stated. “Rather than celebrating Sherry’s life, they spend time arguing, fighting in this court. Trials are not wars. Litigation is not a war. Trials are about a search for the truth. Efforts to try to aspire to ruin another party at any cost, is unnecessary and unjust.”

Gill discovered Naso in willful contempt of a visitation order set by then-Judge Debra DiSegna within the fall of 2024. He stated Naso did not present that he was coerced into agreeing to the non permanent visits, that he’d been represented by a lawyer, and that the 2 sides had made an settlement. Gill ordered Naso to pay $2,500 in legal professional’s charges.

Ghoreishi and Khorsand, and their attorneys, Michael Ahn and Peter Sangiovanni, hurriedly left the courtroom with out talking to reporters. They have 30 days to determine whether or not to attraction Gill’s determination to the Rhode Island Supreme Court.

Naso was tearful and hugged his lawyer, Veronica Assalone, and mates who’d come to help him.

Gill “followed the law,” Naso stated. “Ultimately, I am extremely grateful that he respected my fundamental parental rights and protecting my daughter.”

Naso stated he did not agree with Gill’s evaluation that visits could be in Laila’s finest curiosity, or that he hadn’t put her finest pursuits first.

“I put my daughter’s best interest before my own,” Naso stated. “That’s why I’ve essentially bankrupted myself and ourselves to fight for her.”

On Friday, he stated, he would take Laila to the park and spend the final day of April college trip collectively.

But he would go alone to Sherry Naso’s grave. Friday is the second anniversary of her demise. She would have been 39 years outdated.

Naso considered what he’d say to her.

“Thank you for giving me the strength to get through these last two years. And I’m praying for the strength to continue on this fight,” Naso stated. “I miss her and I love her so much, so much, but she’s giving me the strength. I know she was here with me today. She’s with me every day.”

Amanda Milkovits could be reached at amanda.milkovits@globe.com. Follow her @AmandaMilkovits.