“So why is he so mad at you?”
“Because at the detention hearing last week I objected to the boys going home with him until I had the chance to talk to them.”
“You had to do that. You couldn’t just agree without seeing the children.”
“I know, but the father didn’t see it that way. He wasn’t in court, but Wes argued against me. The judge gave discretion to the social worker with my concurrence.”
“And you didn’t concur?”
“No. After I spoke to the boys, I thought I needed to investigate further. The boys do not want to go home.”
“Of course not. Who would want to live in L.A. if they could live in San Diego?”
Sabre shook her head. “It’s a little more than that. None of them have given me many details, but they’re definitely afraid of him. I’m hoping with a couple more visits, they’ll open up some.”
“I take it you’re on the court calendar this morning?”
“Yes, the detention hearing was continued so the father could be here. I expect Wes has told him by now that the boys aren’t going home this morning, unless Judge Hekman orders it over my objection.”
Bob chuckled. “Like that’s going to happen. If he acts like a bully in her courtroom, he’ll never get those kids.”
“I’m sure Wes has told him that, but Hekman already knows about his threats from the social worker’s report.”
“I’m done with my cases this morning,” Bob said, “but I think I’ll stick around and watch the fireworks, and then we can go to lunch.”
Chapter 6
The Lynch & Fowler Cases
Bob sat in the back of the courtroom as the parties on the Lynch case took their seats at the counsel table. Along the table from right to left were Wes Hodges, his client Todd Lynch, the mother, Heather Lynch, with her attorney Regina Collicott, Sabre, and Deputy County Counsel Tom Hughes. After the case was called, introductions were made for the record, denials were entered on the petition, and Wes asked for a trial date five weeks out.
Todd started to speak. Wes put his hand on his shoulder and glared at him. Todd stopped and Wes turned back to the judge.
“Your Honor,” Wes said, “my client would like the children detained with him awaiting the trial. He is a non-offending parent who has no history of drug use. He pays his child support and visits his children regularly, despite the distance between them. Up until eight months ago, when the mother moved to San Diego, the father saw his children almost every day and was heavily involved in all their activities.”
Heather Lynch sat there shaking her head in disagreement.
“The Department would object to detention with the father at this time,” Tom Hughes responded. “Mr. Lynch has exhibited a lack of control on several occasions. On his first encounter with the social worker, he started shouting at her before she could even explain the circumstances. When she tried to explain the process, he continued to shout at her, then threw his pen against the wall and stomped out of the room. Security walked him out of the building to the parking lot, where he was observed smashing his own car window before he drove off.”
“Your Honor, my client was understandably angry that the mother of his children was using drugs and putting them in danger. He wanted to take them home where they would be safe. As for the broken window, he had locked his keys in his car and needed to get inside,” Wes said.
“He used a ninja kick to break the window,” Hughes said.
Sabre thought she heard Bob chuckle, followed by a quick clearing of his throat to cover up. Judge Hekman scowled at him but didn’t say anything.
“And this morning he was yelling at minor’s counsel in the hallway,” Hughes continued. “We do not believe it is safe to detain these children with the father at this time. And we request supervised visitation.”
“Your position, Ms. Brown?” the judge said.
“I concur with County Counsel. The minors are not ready to live with their father, and I agree with supervised visitation.”
Todd Lynch was seething, but he didn’t say anything.
“Your Honor,” the mother’s attorney, Regina Collicott, said, “we would ask that the court order a home evaluation on the maternal aunt, Delores Greene, and detention with her upon home approval.”
“No,” Todd Lynch blurted out before Wes could stop him. “Dee hates me,” he said in a half-whisper, that was still audible to the entire courtroom.
Wes leaned in and whispered to his client for a good minute until Todd nodded his head.
“Your Honor, we don’t object to the evaluation, but we’d also like the same done for the paternal grandmother.”
“Where do these relatives live?” Judge Hekman asked.
“They both live in L.A. More specifically, the Pasadena area. We have already put in a request with L.A. County. They’re pretty backed up, so it may take a while.”
“Is there anything else?” Hekman asked.
“Yes, Your Honor,” Wes said. “My client is requesting the venue in this case be changed to Los Angeles County.”
“File the motion, counselor, and I’ll give you a hearing date.” The judge glanced at the other attorneys, but no one objected. “All previous orders remain in full force and effect.”
The parties stood up and left the courtroom, followed by their respective attorneys. Sabre stepped to the back where Bob was sitting.
“That was pretty boring,” Bob said, “except for the ninja kick. Did he really do that?”
“That’s what the social worker said, and Lynch doesn’t seem to be denying it.”
“Are you done?”
“Yep.”
Bob stood up, and they started toward the door. Suddenly the judge called out to them.
“Bob, Sabre, can you help us out on a case? We need a couple of attorneys.”
“Of course, Your Honor,” Sabre said, turning back. Bob followed.
The courtroom door opened, and Attorney Irene Serlis walked in.
“Ms. Brown, you’ll be representing the minor. She was initially assigned to the Public Defender’s Office, but they had a conflict with one of the parents. Irene Serlis represents the mother. The father had retained counsel for the hearing two days ago, but he apparently quit before we could do the detention hearing. The father said he had since retained Mr. McGlynn to represent him, but when no one showed up for the hearing this morning, the clerk called McGlynn’s office, and as it turns out, the attorney had declined to take his case. Mr. Clark, will you represent the father, Seth Fowler?”
“Absolutely,” Bob said. He whispered to Sabre, “If McGlynn turned it down, it’s gotta be good.”
“The case may involve some First Amendment issues,” Judge Hekman said.
“Freedom of speech?” Bob asked.
“Religion.”
“Even better.”
“Does she know you’re an atheist?” Irene whispered to Bob.
“Let’s just say I don’t believe in institutionalized religion.”
“Close enough.”
“But I do believe in the Constitution and everyone’s right to their own religious views.”
Michael McCormick, the bailiff, walked up and handed the attorneys the petitions and the reports that were available. “You’re gonna love this guy, Bob. He’s right up your alley.” He smiled and walked away.
“What’s the issue?” Bob asked before he looked at the paperwork.
“Let’s go outside where we can talk,” Irene said.
Bob started to read the petition as he walked out. “It looks like a simple molest, by a friend of the father.”
“A molest? Yes. Simple? No.”
They walked to the end of the hallway where no one was sitting.
“Oh, my,” Sabre exclaimed.
“What? What is it?” Bob asked. “Are they claiming they have a religious right to molest or something?”
“Not exactly,” Irene said. “The parents claim the perpetrator can’t be molesting t
he child because she’s his wife.”
“She’s twelve!” Sabre said, way louder than she intended to. She shook her head in disbelief.
“And her ‘husband’ is forty-two,” Irene said, making air quotes around the word “husband.”
“What does her mother think of this?”
“She doesn’t want the judicial system involved in her life. So much so that she was willing to go along with her daughter getting married when she discovered they were ‘messing around,’ as she put it.”
“This is disgusting,” Sabre said. “And what about the father?”
“He’s the one calling the shots,” Irene said. “My client was only fourteen when he married her. He was thirty-eight. He can’t understand what the problem is.”
“I need to talk to my client,” Bob said.
“Let’s go. I’ll introduce you. He’s a real peach.”
Bob put his arm around Sabre’s shoulder. “Looks like we’re going to battle on this one.”
“I know,” Sabre said and watched Bob and Irene walk away. She knew Bob didn’t have to like his client or what he stood for to give him his best defense. That was one of the things for which she admired him.
Since her client was not at court, Sabre couldn’t know how she felt about the whole thing, but she knew she had to do everything she could to help her. She sat down and read through the report, trying to get as much insight as she could. The more she read, the more she cringed.
Chapter 7
The Fowler Case
Reverend Seth Fowler was a slender man with squinty, close-set, azure-blue eyes and pale skin. He had a thin, straight nose and a beard halfway down his chest. His full head of wavy, wheat-colored hair was slicked back, exhibiting no signs of baldness.
Irene spotted him with his wife right outside the courthouse. She introduced Bob and then walked away to speak to her client, Mrs. Fowler. Bob reached his hand out to shake. Fowler seemed reluctant, but after a moment’s hesitation, he moved the manila folder he was holding to his left hand and shook Bob’s hand loosely.
“I don’t trust the government,” Seth said.
“I’m your appointed lawyer, but I do not work for any government agency. I’m independent. I only have to answer to my client and the Professional Code of Ethics. So tell me what’s going on. We may be able to beat this thing, but you have to be straight with me.”
Seth eyed Bob from top to bottom. “Are you a Christian?”
“My beliefs and values are not important. Yours, however, are. Let’s concentrate on those.”
“I’m a God-fearing man, and everything I do or did, I did for my family in His name.”
“I’m sure you did,” Bob said. Then he looked at the petition. “It says here: On or about May 2, Lester Gibbs molested Mary Margaret by committing the following acts: “Blah…blah…blah…,” Bob said. “We don’t need to rehash the specifics.”
Bob continued to read the petition.
“Mary Margaret has been sexually abused, and the child is at substantial risk to be further abused, as defined by Section 11165.1 of the Penal Code, by a member of her household, and the parent or guardian has failed to adequately protect the child from sexual abuse when the parent or guardian knew, or reasonably should have known, that the child was in danger of sexual abuse. Further, the parent or guardian allowed Mr. Gibbs to move into their household and sleep in the same room as Mary Margaret.”
“Do you understand the petition?” Bob asked.
“Yeah, I understand it, but none of that matters because they’re married. I wouldn’t have allowed him in her bed if they weren’t married. There’s nothing wrong, in God’s eyes, for two married people to sleep together.”
“Do you have a marriage certificate?”
Seth retrieved a paper from his folder and handed it to Bob.
“This is from your church?”
“It’s a copy of a page from the family Bible and sanctioned by the church.”
“And you gave permission for your child to be married?”
“Yes, I did.”
“Did you get a marriage license from the State of California?” Bob was certain he knew the answer to that question.
“No, we did not, and we won’t.” Seth’s voice grew louder as he began to preach. “The state cannot tell me, or any other citizen, that they can or cannot marry. That is a God-given right. No Christian needs to get a license from the state to marry. According to Black’s Law Dictionary, ‘a license is a permission, accorded by a competent authority, conferring the right to do some act, which without such authorization would be illegal, or would be a trespass or a tort.’ A license confers a right to do something, but it’s not the state’s place to grant such permission. According to the Bible, Deuteronomy 22:16, Exodus 22:17, and First Corinthians 7:38, it is a father’s right to give permission. The right to marry is not a right granted by the state since a higher power already granted that right—God’s law according to Genesis 2:18-24. God instituted marriage, and only God can decide who marries and who doesn’t. We have prayed at length for and with Brother Lester Gibbs, and God answered our prayers. Lester is a good, God-fearing man who will do well by our daughter.”
Bob looked at the photocopy he held in his hand. “And you performed the ceremony, Reverend?”
“Yes, I did.”
“And you have performed other ceremonies?”
“Many.”
“Did you require a license from the state for those marriages?”
“No, I did not. Quite the opposite. I refuse to perform any ceremony where the couple has a state license. I will not be an agent for the state and their unbiblical, immoral body of laws. The state has tried to usurp the family and God’s place in marriage, and I refuse to be a part of that in form or substance.”
“I understand,” Bob said.
“So you agree with me?”
“It doesn’t matter whether or not I agree. My agreeing with you will not help you. My job is to represent you and I’m eager to do that. I see a constitutional issue here that might work for you.”
The reverend sized Bob up again with his eyes. “I don’t believe you’ve been saved, and maybe someday I can help you with that, but you strike me as a man who’ll fight for his client.”
Bob let that slide. “Now let me tell you how this is going to work. I know you don’t think the state should be interfering in your family or your life, but we’re here now and we have to use whatever legal means we can to get out of this situation. So, we’ll enter a denial to the petition today and set it for trial. At that trial, the State has to prove the petition is true. We’ll defend your right of religion and your parental position. In the meantime, I’ll do some research, and I’ll file a motion on First Amendment grounds. Chances are it’ll be heard the same day as the trial.”
“And my daughter?”
“I will argue that she be allowed to go home, but I doubt if this judge will send her home awaiting the trial. I know she will not, as long as Gibbs remains in your home. Even if he is out, she would have to trust that you wouldn’t let him around your daughter until this is sorted out. Even that is a long shot. So you decide how you want to proceed, and I’ll make the appropriate arguments.”
“Fair enough.”
“And your wife—do you know what her position is on this matter?” Bob asked.
“She’ll do whatever I tell her to do.”
I bet she will, Bob thought, but decided to make light of it. “Not my wife,” he said. “She never does what I tell her to do.”
“That’s because you don’t have God’s help.”
“Yeah, I’m sure that’s it.” Bob stepped toward the courtroom door. “I’ll see you inside. Please wait outside the courtroom. I’m going to try to get this moving so you can get out of here.”
When the attorneys and parties were all ready for the Fowler hearing, Bob approached his client.
“What did you decide about Mr. Gibbs moving out of your home pendi
ng trial?” Bob asked.
“The truth is that Brother Gibbs does not live with us. He only stayed that one night. He has a place of his own. Is there any chance the judge will send Mary Margaret home since he’s not living with us?” Fowler said.
“Truthfully, it’s very unlikely, but if you don’t allow him access to your home, it will show the court you’re putting your child first. That could help later on.”
“No. I can’t be hypocritical. They are married in the eyes of God, and I won’t bend at the whim of the state.”
“Suit yourself. I’ll still make an argument for the record.”
The detention hearing was just what Bob expected. A trial date was set, and Judge Hekman agreed to hear motions on the First Amendment issues either on the day of the trial, or earlier, if the motions were filed timely. Deputy County Counsel requested that the minor remain in a foster home. Bob requested the minor’s name on the petition be changed to Mary Margaret Gibbs, instead of Fowler, but the court refused.
Bob stood. “Your Honor, my client would like to see the minor returned to her husband so they can live in the holy bonds of matrimony, as God would want.”
“That’s not going to happen, Mr. Clark,” the judge said.
“Then we would request that the minor be allowed to attend services in her church on Sunday mornings and Sunday and Wednesday evenings pending the trial,” Bob said. “It is our position that the minor has a constitutional right to attend the church of her choice without interference from the State.”
“Ms. Brown?” the judge said, looking at Sabre.
Sabre stood alongside Bob. “Your Honor, I don’t know if my client wants to attend the services, but I will gladly speak to Mary Margaret to see what her position is on the matter.”
“With all due respect,” Bob said, “my client’s position is that her husband should be making that choice, but since the court does not recognize his authority, then we ask that the court at least recognize the will of her parents. It is the position of their church that the minor remains under the direct supervision of her parents until she is married. Since the court is not giving credence to the marriage ceremony at this time, then we maintain the child is still a minor, and those decisions should be made by her parents.”
The Advocate's Illusion Page 3
