Damaged
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Mary watched Judge Green’s reaction, his lips were pressed together, his disapproval obvious. She had lost cases before and seen judges look just like him. Their expression went from I’m-Listening to I’ve-Decided to Why-Are-You-Wasting-My-Time.
Chan-Willig asked, “Ms. Solo, what is your opinion about Patrick’s dangerousness?”
“So I think it’s obvious. I was in that room, I had a gun pointed at me, and I’m not going to make excuses for him, like Ms. DiNunzio.” Olivia looked over at Judge Green. “Judge, this is a very dangerous little boy we’re talking about and I think he would’ve shot me dead without a second thought. Ms. DiNunzio is in total denial about how dangerous he is, and he should stay in DHS custody because his anger issues are out of control. If you award temporary guardianship to Ms. DiNunzio, I think you would be making a very big mistake and I think you would come to regret it.”
Chan-Willig continued, “Ms. Solo, have you seen any further evidence of his dangerousness during the emergency foster placement?”
“Absolutely. Because of the gun, we placed Patrick at Einstein Crisis Center, and he got into a fight within the first hour.”
“With whom did he fight?”
“With another foster child, just because the other child wanted to see some belongings of his.”
Mary simmered but didn’t say anything, and John didn’t object because it wasn’t objectionable, just wrong.
Chan-Willig continued. “Ms. Solo, let me ask you, did you form an impression of Patrick when you first met him?”
“Yes.” Olivia’s lined lips set firmly together. “I got the impression that he was very used to getting what he wants and he becomes angry, aggressive, and violent when he doesn’t get it.”
“Ms. Solo, what were the facts that informed your opinion that Patrick had anger issues, even before he pulled a gun on you?”
“He told me from the beginning that he wanted to stay with Ms. DiNunzio and that he wasn’t about to come with me. He refused to come with me and refused to leave the house. He does just what he pleases and only what he pleases.”
“Ms. Solo, do you have a belief about why he wants to live with Ms. DiNunzio?”
“Yes, I doubt very much that he’s so bonded to her, though that may be what she wants to believe.” Olivia lifted an eyebrow. “He was certainly very excited about riding around in her fancy car and living at her fancy house, which he knew all about. He even told me later that she’s going to put him into private school, which is supposedly better than public school. He’s a manipulative child and he has completely manipulated Ms. DiNunzio.”
Mary listened, incredulous, wondering how Olivia could have such a warped view of Patrick. John didn’t object, since there was nothing legally objectionable. The testimony revealed more about Olivia’s psychological problems than Patrick’s, and Mary reflected that human beings became damaged in more ways than one. But Judge Green seemed to be taking it in, leaning on his hand.
Suddenly Mary got an idea. She slid the pad over and wrote to John. The gun wasn’t loaded. If it had been, she would’ve said so.
Chan-Willig stepped away. “Your Honor, I have no further questions for Ms. Solo.”
Judge Green looked over at John, who was already rising. “You have cross-examination, Mr. Foxman?”
“Just briefly, Your Honor.” John approached the witness stand. “Ms. Solo, the gun that we have heard so much about wasn’t loaded, was it?”
Olivia hesitated. “No, but I thought it was.”
“Ms. Solo, I’m not asking you what you thought, I am asking you what is true. The gun that Patrick pointed at you was not loaded, was it?”
“No, it wasn’t.”
“And isn’t it also true that because the gun was not loaded, you were never in any danger?”
Olivia hesitated again. “Yes.”
“I have no further questions, Your Honor.” John turned around, came back to counsel table, and sat down, and Mary couldn’t help but think that it hadn’t made much difference.
Judge Green turned to Olivia. “Ms. Solo, thank you for your testimony. You may step down.”
“Thank you, Your Honor.” Olivia left the witness stand and returned to her seat, and Judge Green leaned back in his tall leather chair, with a heavy sigh.
Chan-Willig rose. “Your Honor, may I call my next witness?”
“Yes, proceed.” Judge Green nodded, and Mary turned to see the odd-looking middle-aged man who had entered with Detective Randolph stand up and head toward the witness box.
Chan-Willig said, “Your Honor, I call Lawrence Harris, guardian ad litem, to the stand.”
Mary’s mouth dropped open. She had no idea what was going on. There was no guardian ad litem in this matter. She didn’t know what Chan-Willig was talking about or where Harris had come from.
“Your Honor.” John rose. “I was unaware that a guardian ad litem, a GAL, was appointed in this case. Mr. Harris didn’t contact us or the Child Advocate, Abby Ortega.”
Abby rose, too. “Your Honor, I agree with Mr. Foxman. I was never contacted by Lawrence Harris.”
Judge Green frowned. “Counsel, a GAL need not coordinate his efforts with the Child Advocacy Center, though admittedly, that would have been preferable. I understand that Mr. Harris called my chambers and volunteered his services. His name was next on the list. You may know that the GAL list is posted online.”
John said, “Yes, that’s how we contacted the Child Advocate, but there is no need for a GAL in this matter.”
Chan-Willig interjected, “Your Honor, evidently there is, since Mr. Harris is here to testify that Patrick is dangerous and should not be removed from DHS custody.”
John frowned. “Your Honor, Abby interviewed Patrick this weekend and so did child psychologist, Dr. Susan Bernardi. Both are here today to recommend to the Court that Ms. DiNunzio be awarded guardianship.”
Chan-Willig shook her head. “Your Honor, Mr. Harris interviewed the child, too.”
“Please sit down, counsel. Both of you.” Judge Green waved John into his seat. “We’re wasting time. Mr. Harris has been before this Court many times and he’s certainly qualified as GAL. I would like to hear his testimony.”
Mary felt like crying. Their case had barely recovered from Detective Randolph’s and Olivia’s testimony, only to get hit again, out of the blue. And this time, she sensed she was seeing Machiavelli’s handiwork, judging from the call to the judge’s chambers. Machiavelli must have heard that Edward had died and found out about her going for guardianship, so Machiavelli must have done the same thing that she and John had—contacted the next lawyer on the GAL list, alerted him to Patrick’s case, and suggested that he step forward. But Machiavelli would have told him what to say, too.
“Thank you, Your Honor.” John sat down.
Judge Green motioned to Chan-Willig. “Ms. Chan-Willig, please have Mr. Harris come forward.”
Suddenly Mary realized that her running into Machiavelli in the lobby was no chance encounter. He must have planned the whole thing. She doubted now that he even had a case in Family Court today.
She slumped in her chair, temporarily defeated.
CHAPTER THIRTY-NINE
Mary watched with dismay as Harris crossed to the witness stand, was sworn in, and sat down. He was such an odd bird, with oily graying hair and a mismatched suit that looked vaguely dirty. He kept pressing his eyeglasses up his greasy nose, almost like a tic, and he didn’t make eye contact with anyone.
John picked up the pen, pulled over the legal pad, and wrote: There are great lawyers on the GAL list—and also those who need the work. Harris is the latter, obv. Mary nodded discreetly, wondering if Machiavelli was paying Harris.
Chan-Willig straightened up, facing the stand. “Mr. Harris, how long have you been on the active list of the GAL?”
“Twelve years.”
“So is it fair to say you’re experienced?”
“Yes.” Harris moved his glasses up again.
> “And Mr. Harris, during your twelve years of service on the active list, approximately how many children in foster care do you think you have interviewed?”
Judge Green gestured impatiently. “Ms. Chan-Willig, in the interest of saving time, please cut to the chase.”
“Yes, Your Honor.” Chan-Willig nodded. “Mr. Harris, please tell the Court when you visited Patrick at the Einstein Crisis Center.”
“Sunday morning around ten o’clock.”
“Did you have the opportunity to interview the child?”
“Yes.”
“Mr. Harris, was Patrick alone or was anyone else present?”
“He was alone. He told me that he wants to be left alone.”
Chan-Willig nodded. “Mr. Harris, could you please tell the Court what you observed at that time?”
“I observed that Patrick was withdrawn, hostile, and has major anger issues.”
John half-rose. “Objection, your Honor. The witness is not qualified to give an expert psychological opinion.”
Chan-Willig faced the judge. “Your Honor, the witness is not testifying in any psychological capacity. A layperson can observe how children act when they’re angry and there’s no basis for this objection.”
Judge Green nodded. “I’ll overrule the objection, but let me see if I can save us some time.” He turned to Mr. Harris. “Sir, what is the testimony that you felt was important enough for this Court to hear, with regard to Patrick’s custody?”
Harris cleared his throat. “Your Honor, as GAL, my concern is what is best for the child and what is in his legal interests. I am here to inform the Court that Ms. DiNunzio should not be awarded guardianship because it is my finding that this child is far more disturbed and dangerous than Ms. DiNunzio understands. I agree with Detective Randolph and Ms. Solo that Patrick should remain in DHS custody.”
Mary listened, her heart sinking through the floor. Abby had taught her that GALs were accorded weight by the court, so now they would have the battle of the GALs, and even that wouldn’t be enough to save their case. Patrick would be forced to stay in residential care with hard-to-place kids, and Mary could only imagine how that would affect him, in his already fragile state.
Chan-Willig asked, “Mr. Harris, what are the facts on which you base your opinion, apart from what Detective Randolph or Ms. Solo testified to?”
“When I interviewed Patrick, he told me that he had gotten into a fight with the other boy in the Crisis Center. He told me that he was angry at him and that he didn’t like him. He also told me that he doesn’t like the DHS caseworker, Olivia, and he was angry at her, too. He admitted to me that he threatened her with the gun. He didn’t seem very sorry about it, which concerned me.” Harris raked back his greasy hair. “Not only that, he showed me some drawings he was making, which were clearly violent in nature.”
“What drawings?” Judge Green turned to Chan-Willig. “May I see them?”
“Yes, Your Honor. I was just about to move to admit them into evidence as Exhibits 1 through 8.” Chan-Willig rose with papers in her hand, offered a set to John and Abby, and Mary could see that they were drawings of Patrick’s, much like the others.
John rose. “Your Honor, I object to the admission of the drawings without their being interpreted by a child psychologist. Ms. DiNunzio is aware of the child’s drawings and the reason he makes those drawings. When she testifies, she would be happy to explain to the court that those are in fact depictions of his grandfather at war in Vietnam.”
Judge Green seemed not to hear John, scanning the drawings. The judge’s eyes flared once or twice in alarm, then he set them aside. “Counsel, I’m going to grant Mr. Foxman’s objection. Ms. Chan-Willig, we need not admit them into evidence. Please move on, your point is made.”
“Thank you, Your Honor. I will move on then.” Chan-Willig faced the witness stand. “Mr. Harris, did there come a time when you learned that a Complaint has recently been filed in Common Pleas Court, which alleges that in early September, Patrick attacked a teacher’s aide at school with a scissors?”
“Yes.”
“Objection.” John jumped to his feet. “Your Honor, Ms. DiNunzio is defense counsel on that very litigation and she will testify that those allegations are false. The Complaint was brought by the man who physically and sexually abused Patrick, as a preemptive attempt to intimidate and silence him.”
Chan-Willig took a step toward the dais. “Your Honor is perfectly capable of according the weight due allegations in the Complaint, and the weight of the evidence is overwhelming that DHS must retain custody of the child because of his dangerousness.”
John interrupted, “Your Honor, Ms. DiNunzio does not believe he is dangerous.”
Chan-Willig looked directly at the judge. “Your Honor, Patrick is under suspicion for murder, he threatened Ms. Solo and Ms. DiNunzio with a gun, he fought with another child at the Crisis Center, he has been sued for attacking a teacher’s aide with a scissors, and he makes violent drawings. Ms. DiNunzio is delusional, in view of—”
John interrupted, “Your Honor, Ms. Chan-Willig is making a closing argument and an inappropriate slur against—”
Chan-Willig kept talking. “Your Honor, Patrick could easily become a danger to Ms. DiNunzio or to others during the course of her guardianship. DHS, the City, and even this Court could be exposed to substantial liability if he harmed Ms. DiNunzio or those around her while in her custody. The Court cannot place the City and DHS in such a vulnerable legal position. Patrick must remain in DHS custody, and Ms. DiNunzio must be saved from her own bad judgment.”
John shook his head. “Your Honor, neither Abby nor Dr. Bernardi found that the child is dangerous, and after you hear them testify—”
“Counsel, both of you, silence!” Judge Green interrupted, his patience spent. He turned to Chan-Willig. “Ms. Chan-Willig, please wrap up Mr. Harris’s testimony so we can break for a short recess.”
Chan-Willig nodded. “Your Honor, I have no further questions for Mr. Harris and I have no further witnesses.”
“Excellent.” Judge Green swiveled his head to face John, with a deep frown. “Mr. Foxman, any cross-examination?”
John hesitated. “No, Your Honor.”
“Well, that’s good news!” Judge Green banged the gavel with vigor. “Court is in recess for fifteen minutes. When we return, Mr. Foxman will put on his first witness.”
Mary glanced at her phone, which was sitting on counsel table on mute. Suddenly a banner popped onto her home screen with a text from Machiavelli:
Sorry yet?
CHAPTER FORTY
Mary, John, Abby, and Susan huddled with bottles of water around a white table in a windowless attorneys’ conference room, and Mary felt as if she could finally let her emotions show. She covered her face with her hands, took a deep breath, and absorbed the testimony as if she’d been sucker-punched in the gut.
“That went terribly wrong,” Mary said, then moved her hands from her face.
“I know.” John looked equally distressed, his forehead creased with disappointment. “Mary, I’m not going to lie to you. We could’ve dealt with the gun, but I never dreamed that Edward’s death would be considered suspicious and that Patrick would be a suspect. I mean, what? We couldn’t have seen that coming. Detective Randolph destroys our case.”
“You think?” Mary asked miserably, though she knew it was true.
“Yes. I tried to do what I could on cross, but if there’s even a question that Patrick might have committed a murder and that you were involved to cover it up, it’s just too much to overcome. Plus there was so much other support, all consistent with Patrick being dangerous. Judge Green is simply not going to ignore Detective Randolph, Solo, and the GAL, Harris, who came out of the blue.”
“I bet that was Machiavelli’s doing.”
Abby looked over sharply. “Machiavelli? I hate that guy. He’s in Family Court all the time. He does divorce work. He represents all the rich husbands.”
Mary simmered. “He’s a skeevy lawyer who claims he’s descended from the real Machiavelli, and I’m starting to believe he might be. The guy is evil incarnate.”
John opened his water bottle and took a sip. “I agree with you, but the bottom line is it didn’t matter. Harris’s testimony was cumulative, and Chan-Willig didn’t need him. It all piled on top of Randolph. Suspicion of murder, pulling a gun”—John counted off on his fingers—“fighting with the other kid at Einstein, the violent drawings. It was a slow-motion train wreck.” John met Mary’s eyes, pained. “But here’s the thing. We’re not going to lie down. We’re still going to put on a case. But you should think long-term. If we lose today, there’s another hearing in ten days. It’s called the adjudication hearing and it’s much more formal. Do you remember I told you that?”
“Yes.” Mary didn’t remind him that her rehearsal dinner was in ten days, with her wedding on the very next day, assuming that Anthony was still willing to marry her. She thought back to the time when her biggest worry had been crabmeat appetizers.
John was saying, “Okay, so in ten days, things should be very different, in our favor. For one thing, the Medical Examiner will be back and he could have found that the manner of death was accidental. That helps us. Detective Randolph may have gone further in his investigation, too. Mary, you’ll be all over that, if I know you.”
Mary tried to take heart. “I’ll shake his cage and get him to start investigating the death as accidental. I’ll know more when I talk to Patrick, but if Patrick really injected Edward that night, any overdose was completely accidental. Patrick would never dream of hurting Edward. Patrick loved Edward.”
“Of course.” John scoffed. “It has to be next-to-impossible to prove that a ten-year-old boy had the requisite intent to kill, even if he did inject Edward. I don’t think they’ll ever have enough to charge Patrick with murder, given that hurdle.”
“Or the fact that I evidently contaminated the crime scene.” Mary felt defensive. “I just cleaned up, is all. I didn’t think it was murder because it’s not murder.”