“This court will allow the evidence. Court will recess for forty-five minutes,” the judge announced.
Rose asked, “What does this mean?”
“It’s good. Really good. The judge is going to listen to the recordings. Come on, let’s go get some coffee and see Montana.”
We left the courtroom and Montana was with Petey. She was teaching him how to dance. God love him for his patience. When she saw us walk into the room, she ran and hugged us. “Is it over?”
“No, we’re taking a break,” I told her.
“Already?” Petey asked.
“Yep. How’s it going?” I asked.
“Not good. Petey needs dance lessons. He’s not getting any better. Maybe he can come with me.” Montana stuck her lower lip out. Petey grinned.
We drank our coffee and went back to the courtroom after thirty-five minutes with a promise to Montana that it would be over soon.
Court resumed with Rose back on the stand. Miles asked her why she was afraid for Montana’s safety.
“My daughter says she’s not allowed to leave her room. She’s frightened and her father won’t respond to her. She has to stay there with the exception of meals.”
“And you believe your daughter?
“Of course. She wouldn’t lie to me. For a while, she wouldn’t tell me anything about what went on at her dad’s house. She was afraid to. She says they’re always fighting and yelling.”
“Who’s they?”
“Greg and his wife,” Rose answered.
“Do you think that could be scaring her?”
“Possibly, but she wasn’t eating much when she used to come to my home. She wouldn’t laugh and she was anxious all the time. As a psychologist, I know what to look for in terms of child abuse. I believe Montana was suffering from it. When I was awarded custody, I began taking her to counseling and her psychologist evaluated her. She believes the same thing.”
“Thank you, Ms. Wilson. No further questions, Your Honor.”
The judge looked at Tom. “Mr. Dawkins?”
Tom approached Rose like a panther approaches his prey. Now came the intimidation. He was going to do his best to rattle her during his cross-examination. I knew she was nervous, but it didn’t show. She was brilliant.
“Ms. Wilson, if you are such a stellar mother, why were you absent so much when you were married and why were you not awarded custody in your divorce?” Tom asked.
She smiled. “First, my ex-husband had an excellent attorney and mine was horrible. But the real truth was I was in school getting my degree, which my ex failed to mention. By the time he told me he’d filed for divorce, he had stripped all of our bank accounts, leaving me penniless. I couldn’t afford a decent attorney. I was only trying to do what was best for our family and that was getting an education, Mr. Dawkins.”
“So, by abandoning your daughter for hours at a time, you thought that was helping your family?”
“Mr. Dawkins, I have a master’s degree in psychology. You will not coerce me into agreeing with that question. Many mothers work outside the home and are not considered to be abandoning their children. I was only doing the same, except I was taking classes. Had I been working a job instead, it would’ve spent the same amount of time away from home.”
She stumped him. His mouth opened and closed several times. Finally, the judge asked, “Is there anything else?”
“Uh, yes. Ms. Wilson, you said your husband allegedly hit you.”
“There is no allegedly about it. He hit me quite often. The last time he did it I fell and broke my wrist. My attorney witnessed it and he has the hospital records to prove it.”
“Are you sure you weren’t clumsy?”
Rose laughed. “I’ve been accused of many things, but not clumsiness.” We anticipated this and she was prepared for her response. “Mr. Dawkins, I’m sure you know what yoga is.”
“I do.”
“I have a license to teach advanced yoga and am able to do the most difficult poses.”
His smug expression returned. “Care to demonstrate?”
“Here? In court?” Her tone indicated he was crazy. But he’d find out soon she was going to make him look like a fool.
“Why not. If you’re so sure of yourself.”
“You actually want me to do yoga poses for you?”
“Yes, I would like a demonstration, please.”
Rose shrugged, stepped down, and moved to where the judge could see her. She did a pose where she stood on one foot, held the other with one hand and extended her arm out in front of her. She didn’t even wobble. “This is a balance pose.”
“That doesn’t look so difficult,” Tom said.
“Would you care to try it?”
“Ms. Wilson, I’m not the one demonstrating my balance, you are.”
“Then how about this?” She stood with her legs spread wide apart. Then she dropped one hand by her right foot and lifted the right leg. Her body bent over that leg and her left arm bent over her body, grabbing her right foot from over her head. The only things on the floor was a foot and a hand. It looked like a pretzel pose to me.
“Fine, you’re flexible.”
After she stood, she said, “Flexibility is one thing, but to hold the pose and balance is another. I am not clumsy, Mr. Dawkins.”
The judge said, “I think Ms. Wilson has made her point, counsel. Ms. Wilson, you may be seated.”
Rose sat back down in the witness stand.
“Counsel, continue,” the judge said.
“Ms. Wilson, you said your child is in counseling. When you chose a psychologist, did you tell that particular one you suspected child abuse?”
“No, I did not. I wanted an unbiased opinion.”
“And you believed everything your daughter told you and that it was not a part of an overactive imagination?”
“Mr. Dawkins, my daughter wouldn’t make anything like that up.”
“Are you so sure?”
“Yes,” Rose said.
“Did you know she has not one but two imaginary friends?”
Rose didn’t skip a beat. “I do. Children, especially ones who don’t have playmates are known to make up imaginary friends. It’s not uncommon.”
“You believe this overactive imagination of hers couldn’t possibly have made up the part where she is forced to stay in her room all the time?”
“No, I don’t believe so and neither does her therapist.”
“Ms. Wilson, you should study up on this more. It’s been shown that children with overactive imaginations are quite capable of making up lots of different things. No more questions, Your Honor.
Then he asked, “Mr. Sinclair, do you have any more witnesses?”
“Yes, your honor. We’d like to call Sylvie West to the stand.”
Sylvie came up and testified. Hers was brief, telling the court how Rose was an exemplary employee but had been having issues with Greg. Miles asked her to explain and she told about how unreasonable he was and how Sylvie had to get one of her neighbors to pick up Montana one day because he couldn’t wait an extra hour for Rose to show up, which was their scheduled and agreed upon time. She made him sound like an ass. She also told about when he showed up at the center and assaulted her and they had to call the police. Tom scowled and declined to question her.
“Mr. Sinclair, any more to question?”
“Yes, Your Honor. At this time, we’d like to call Montana Wilson to the stand. Your Honor, given the circumstances, we’ve also invited Montana’s bodyguard and her psychologist to be in the courtroom with her.”
One of our representatives went to get Montana and Petey. Montana’s therapist was already present.
Miles met Petey and Montana and ushered them both in. Petey took a seat up front so Montana could see him while the bailiff swore her in. She looked damned adorable.
“Do you swear to tell the truth, the whole, and nothing but the truth so help you God.”
“I promise cuz I don’t never
lie,” she said with her hand on the Bible. The corner of the judge’s mouth turned up.
Miles said, “Montana, you know who I am?”
“Uh huh. You’re Mister’s friend.”
“Can you point to Mister?”
She aimed her pointer finger at me and said, “He’s right there sitting next to Mommy. Hi Mommy. Hi Petey.” She waved. There was a collective chuckle in the room.
Miles came back to the table and I handed him the stuffed animals. “Montana, can you show me, using these, what it was like for you to stay at your daddy’s?”
“Uh huh.” She took the toys and said, “This one’s me and this one’s my daddy. He says in a mean voice, ‘You can’t leave your room.’ I cry and cry, but no one comes.” She looks around and when doesn’t seem to find anything she flattens her hand and puts the toy underneath it. “I hide under my bed because I’m scared of the big monsters in the woods.”
“What big monsters?” Miles asked.
“The ones that live back there that will come and get me. I stay there all night till the light comes. I hate it there. I’m all alone and sometimes they don’t get me for supper.”
“Can you tell me more about that?”
“Yeah, I’m hungry a lot. They don’t call me to eat. I don’t hear it when they do and then I don’t get nothing.” Her brow was creased as she told her version of life with Daddy.
“What do you mean?”
She shrugged. “Daddy yells at me when I don’t hear him. But I can’t leave my room cuz the door is locked and then I get in trouble.”
“Let me see if I understand. If you don’t go when he calls, you get in trouble, but you can’t go because your door is locked?”
“Uh huh.”
“And then you don’t get dinner?”
“Yeah. And Miss Caroline cries a lot.”
“Miss Caroline?”
“Daddy’s person.”
“You mean his wife?”
“Uh huh. That’s her. She doesn’t like me.”
“What makes you say that?”
“She won’t let me play anywhere but my room and yells at me when she’s not sleeping.”
Rose was rocking back and forth as this was upsetting her. It couldn’t be helped, and we had warned her. But to see this beautiful child having to tell this story was emotional as hell. I grabbed her slender hand and stroked it with my thumb, doing my best to offer her comfort.
“And how has it been since you’ve gone back to your mommy’s?”
A smile that sent beams of sunshine into the room lit up her face. “I like it at Mommy’s! I have new friends at my school. Miss Cathie is my teacher and she’s nice. I’m taking clicky shoe dancing and I’m real good. Wanna see?”
“Not right now maybe later, but can you tell me more about being at your mommy’s?”
“Yeah, we eat pizza and sometimes she makes me homemade cookies. And we go see the monkeys at the zoo. Do you like monkeys? They’re my favorite. And we play bunny rabbit in the backyard. Daddy would never let me hippity-hop around, but I can do it all the time at Mommy’s. Do you like to hippity-hop?”
“I’m not sure. Maybe you can show me.”
She jumped out of her seat before Miles could stop her and did her bunny rabbit hop. “Now you try.” Miles looked at the judge.
He said, “Well, Mr. Sinclair, what are you waiting for?” I knew we had the judge then.
Miles mimicked Montana in her hop. Then she turned to the judge and said, “Mr. Honor, do you want to try?”
“Young lady, I think I’ll pass, but you do a marvelous hippity-hop.”
“Thank you. Mommy always told me I’m to thank people when they complex me.”
The room broke out into another chuckle.
“Your Honor, no more questions.”
The judge asked Tom if he cared to cross-examine.
“Yes, Your Honor.”
“Mr. Dawkins, I’m going to warn you. No shenanigans here. Am I clear?”
“Yes, Your Honor.”
“Montana, my name is Tom. I’m a friend of your daddy’s.” He stuck out his hand for her to shake, but she only stared at it. No one had ever done this to her.
“Mr. Dawkins, she’s four-years-old. I doubt she’s familiar with shaking hands.”
“Mr. Honor, I’m four and a half. My birthday’s next month and Mommy said I could get an ice cream cake.”
“Well, isn’t that something?” the judge said as Montana nodded vigorously.
“Carry on, Mr. Dawkins.”
“Montana, were you really scared at your daddy’s that monsters were coming?”
“Yes. They were in the forest. Daddy said so. He said if I wasn’t good the monsters were coming.”
“From the forest?”
“The one behind the house. There are all kinds of monsters living back there. I hear them.”
“You do?” Tom asked. “What do they say?”
“They tell me they’re going to take me away and I’ll never see my mommy again.” Poor thing’s eyes were almost jumping out of her head.
“Move on, counselor,” the judge said.
“Montana, is it really true your daddy didn’t let you eat?”
Her head bobbed up and down, curls flying everywhere. “I was always hungry. I cried for Mommy every night.”
“No more questions, Your Honor.” It was clear that her testimony was damaging his case even further.
Petey escorted her out of the room and she stopped to hug Rose on the way. “Bye Mommy.”
When the door closed behind her, the judge asked, “Any more to testify, Mr. Sinclair?”
“I’d like to call Dr. Cheryl Somers.”
Montana’s psychologist walked up to the stand and was sworn in. She verified everything Rose said and told us she believed Montana had been abused and neglected. “She is a different child now than when I first started seeing her.”
“How so?” Miles asked.
“When she first came in, she practically cowered from everything. Every question I asked she hesitated to answer. I had to use your toy method to learn anything from her. She, I believe, was removed from her father’s home before irreparable damage occurred.”
“Irreparable damage?”
Dr. Somers said, “Childhood psychological trauma can be permanent, much like PTSD. She was suffering from that and exhibiting signs of it. Once I broke through her barriers, and she began talking, she began to get better. She was so afraid of her father coming back into her life. She still will not be in a room with a closed door, but I imagine, that will end one day.”
“No further questions, your honor,” Miles said.
The judge asked, “Mr. Dawkins?”
“Yes, your honor.” He asked about her education and credentials. Then he asked, “How long have you known Rose Wilson?”
“Ever since her daughter became one of my patients.”
“No further questions, your honor.”
Tom realized he was fucked.
“Court is recessed for one hour.”
We left and went to see Montana. It was nearly lunchtime, so I had one of our assistants run out to grab us all a quick bite. We could eat something more substantial later. I had a really great feeling we’d be celebrating tonight.
“Mister, did I do good?” Muffin asked.
“You did great! Get over here.”
She ran into my arms and I lifted her high above my head as she squealed with delight. Then I kissed the tip of her nose. “The best part was how you made Miles do the hippity-hop.”
“Mr. Miles, you havta work on it some. You weren’t very good.”
“I promise I will,” Miles said.
Rose watched us with a cheerful expression. It was a relief to see her so happy. Petey was standing there so I said, “Hey Petey, wanna give us a demo of your dancing skills?”
He said with a laugh, “Nah, I’ll pass.”
When’s your birthday?” I asked him.
“Au
gust. Why?”
“Hmm. Only four months away. I know what you’re getting.” I grinned wickedly.
“You wouldn’t?”
“Wouldn’t what?” I asked innocently.
“Never mind. I don’t want to give you ideas.”
Our food arrived and we sat down to nibble on it. Montana wolfed hers down. She must’ve been starved.
I checked the time when we were finished and the hour was about up. We left Montana with Petey and headed back to the courtroom.
The judge entered and said, “I’ve read through my notes, the documentation, listened to the audio, and looked over the testimonies. On account of you, Mr. Wilson, and your tendency for violence, I must agree with Ms. Wilson that you are not fit to be the custodial parent. At this time, I am awarding full custody to Ms. Wilson. Mr. Wilson, you may have one two-hour supervised visit every other Saturday or Sunday, whichever suits Ms. Wilson. After your domestic violence and aggravated assault trial, if you are found guilty, this may be amended to no visitation at all. You need to seek counseling for anger management. If in the future it is deemed safe for your daughter to spend time with you, it will only be after intense therapy and after a home study. The fact that you locked your daughter in her room and did not feed her is appalling. If I had my choice, you would never get any type of custody again. Violence of any kind is taken very seriously in this state. Ms. Wilson has an order of protection against you. You have a problem that needs to be addressed. I am recommending you take care of it as soon as possible.
“Court is adjourned.”
Chapter Thirty-Seven
Rose
* * *
Immense relief flooded me, and I sagged in my seat upon hearing the judge’s words. I wanted to jump for joy, but my legs were too shaky to stand. Pearson and Miles did, and when they didn’t see me, they both turned to find me slumped in the chair.
“Rose, are you okay?” Pearson asked.
“Yes, I’m fine, but I can’t seem to move right now. I’m relieved after all this time. My body’s turned into a noodle.”
From Smoke To Flames— Amazon: A West Brothers Novel Page 23
