On February 3, 2006, Judge Punch heard testimony in the case. Jeff entered into evidence 16 exhibits taken from the Internet, 12 of which are photographs of the SubGenius event, X-Day. Kohl has never attended X-Day and is not in any of the pictures. Rachel is depicted in many of these photos, often wearing skimpy costumes or completely nude, while participating in X-Day and Detroit Devival events.
The judge, allegedly a very strict Catholic, became outraged at the photos of the X-Day parody of Mel Gibson's movie The Passion of the Christ — especially the photo where Jesus [Steve Bevilacqua] is wearing clown makeup and carrying a crucifix with a pool-noodle dollar sign on it while being beaten by a crowd of SubGenii, including a topless woman with a "dildo".
His Honor also strongly disapproved of the photos of Mary Magdalen [Rachel Bevilacqua] in a bondage dress and papier maché goat's head. The judge repeatedly asked, "Why a goat? What's so significant about a goat's head?" When Rachel replied, "I just thought the word 'goat' was funny," Judge Punch lost his temper completely, and began to shout abuse at Rachel, calling her a "pervert," "mentally ill," "lying," and a participant in "sex orgies." The judge ordered that Rachel is to have absolutely no contact with her son, not even in writing, because he felt the pictures of X-Day performance art were evidence enough to suspect "severe mental illness". Rachel has had no contact with Kohl since that day, February 3, 2006.Various SubGenii, Discordians, pagans and miscellaneous freakonauts are getting involved in mounting an appeal, a process which is expected to cost US$50,000. Some are concerned that, should this judgment be allowed to stand, it may set a precedent denying practitioners of non-traditional lifestyles equality before the law when it comes to child custody.
There is a discussion of this case on Metafilter, with some comments casting doubt on the SubGeniis' account of the case.