The judge laid the reports down and looked up from the bench. “It says here that Stuart Rhodes’ home was searched and they found a computer full of child pornography and boxes of M&M’s. What’s his status?”
Tom Ahlers spoke. “He has been arrested and has since admitted to molesting Sophie and at least one other child.”
“Okay, Counselor, call your first witness.”
Ahlers called the social worker and got the reports into evidence, asked a few perfunctory questions, and then tendered the witness for cross.
Sabre asked two questions to clarify the date and no one else asked anything.
Ahlers rested.
Regina Collicott called Sophie’s caretaker to the stand. The clerk swore her in and said, “Please state your name and spell your last name for the record please.”
“Danielle Lohr. L-O-H-R.”
After a few preliminary questions Collicott asked, “How long have you been watching Sophie after school?”
“Since school started last September. She’s in the same class as my daughter, Allie. Alexandria. That’s her name but we call her Allie. Is it okay if I call her Allie?”
“Of course.”
“I’m sorry. I’m nervous. I’ve never testified before.”
“You’re doing fine,” Collicott said. “Do you watch Sophie every day?”
“Yes, for the most part. Sophie’s mother drives the girls to school, and I pick them up. Sophie stays with me until her mother or father gets home from work.”
“Up until January 5th of this year, were there ever any problems with Sophie getting home safely?”
“Objection. Vague,” Ahlers said.
Judge Hekman turned to the witness. “Do you understand the question?”
“Yes,” Danielle said.
“Overruled. You can answer the question.”
“There has never been a problem of any kind. I’ve never missed picking Sophie up and I always kept her until her mother or father returned from work.”
“On the fifth of January did you pick Sophie up from school?” Attorney Collicott asked.
“Yes. And I took her home with me but just as we walked in the door I saw my father’s body jerking around uncontrollably on the sofa, and although I had never seen someone having a seizure I guessed that was what it was. I grabbed my phone and called 9-1-1. I had no idea what to do for him. He had never had a seizure before so we had no experience with this sort of thing. I called my husband while I waited for the ambulance. I didn’t know what else to do. The girls stood over him with their mouths gaping open. They looked terrified. I yelled at them to go to their room. I assumed that’s where they went.” Danielle Lohr took a deep breath.
“Was that the last time you saw Sophie that day?”
“Yes. My husband arrived about the same time as the ambulance. I told him to get Allie and follow us to the hospital. I rode in the ambulance.”
“Did you tell him to bring Sophie with him, or to take her home?”
“I don’t remember, but apparently I didn’t. I was so frightened. I thought my father was dying.”
“Did your husband take Sophie home?”
“No. Allie told me later that Sophie left and went home on her own when I sent them out of the room. My husband didn’t even know she was there. Allie didn’t say anything to her father about Sophie being there when he took Allie and followed us to the hospital. It wasn’t until the next day when Sophie’s mother called me that I found out she went home alone. I felt so bad. Now that I know what happened I’ll never be able to forgive myself.” The witness swallowed and cleared her throat.
Collicott gave her a second to compose herself before she asked the next question. “Did you ever let Sophie go home alone before?”
“No. Never,” she said adamantly.
“No further questions,” Collicott said.
County Counsel Ahlers asked a few questions, but none of the testimony changed anything.
The father’s attorney, Mike Powers, said, “No questions.”
Sabre stood up. “Ms. Lohr, how many children do you have?”
“Two girls: Allie who is Sophie’s age and Kendall who just turned two.”
“Do you work outside the home?”
“No. I have a teaching credential, but my husband and I decided that if we were going to have children I was going to stay home with them. He has a good job so we can afford to do that. We have to skimp on a lot of things but it’s worth it. I know a lot of mothers who would like to do that but they aren’t as fortunate as us.”
“Do you ever use a babysitter for your children?”
“Only their grandparents. Both of our parents are local and they love to have the children. I have never used a babysitter. The only other person who has ever transported or watched my children is Sophie’s mother. And that’s only to take her to school in the morning so I don’t have to take Kendall out.”
“No further questions,” Sabre said.
Judge Hekman shook her head and sighed. “Let me see if I have this straight,” the judge said. “The only issue here is whether or not these parents were negligent in choosing the caretaker who unintentionally allowed Sophie to go home alone.”
Regina Collicott, the attorney for the mother, stood up. “That’s correct, Your Honor.”
“It appears so,” Sabre said.
“I don’t mean to cut anyone off,” Judge Hekman said, but every attorney in the courtroom knew that’s exactly what she meant to do. “Does the Department have something else to add? I’m assuming they don’t since they have rested. Am I right, Mr. Ahlers?”
“That’s correct, Your Honor. I have no other witnesses.”
The judge turned toward the witness. “Ms. Lohr, how is your father?”
“He’s doing much better, Your Honor. He has only had one more seizure and it wasn’t nearly as bad as the first. They are trying to get his medication regulated. Thank you for asking.”
“I hope he gets well soon.” She turned back toward the attorneys. “Ms. Brown, what is your position on this case?”
Sabre stood. “I don’t believe Sophie’s mother had any reason to believe Danielle Lohr wasn’t an appropriate caretaker. It was an unusual situation that unfortunately resulted in a horrible crime, but I have no reason to believe these parents could foresee this happening, nor do I believe they would let it happen again. They realize the need for Sophie to receive therapy and the mother has already set up a therapist, whom their insurance will pay for. She has also applied for Victim Witness Funds for said therapy. I’m asking that the court dismiss this case and send this child home.”
“I’m ready to rule,” the judge said.
The father’s attorney stood up. “Your Honor, I have another witness I would like to call.”
“It’s not necessary, Mr. Powers. I’m ready to rule.”
“Your Honor….” Mike said.
“Mr. Powers, does your client want this case to remain in the system?”
“No, Your Honor. My client would like to see this case dismissed and the joint custody order issued by Family Court to remain in place. If my client were to testify, he would tell the court that his hours are such now that he can watch Sophie after school until either her mother or Mark, her stepfather, return home from work. Sophie’s mother is in agreement with that.”
“Thank you, Mr. Powers.”
“May I call my witness?”
“No need. You can’t make your case any better. Please sit down.” By then everyone in the courtroom knew how she was ruling. “This family has been through enough. No one except Stuart Rhodes is to blame in this case. The Department acted appropriately when they filed their petition, but it’s time to get this family back together and get out of their lives.” She ranted on for another five minutes or so before she finally said, “I’m returning these children home to the mother and the stepfather. The custody order from Family Court will remain in full force and effect. This case is dismissed.”
<
br /> Chapter 57
Three weeks later
Marshal Nicholas Mendoza and Ron walked into Sabre’s office.
“Hi, Sis. You remember Nicholas.”
“It’s nice to see you again, Ms. Brown,” Marshal Mendoza said.
“Please, call me Sabre. Have a seat.” Ron and Mendoza both sat down across the desk from Sabre. “So what happens now?” Sabre asked.
“Ron is officially being released from WITSEC. At this point, we couldn’t keep spending tax dollars on him even if we wanted to. The threat no longer exists for him. Benny Barber and Jimmy Marco are dead. All the men he sent to prison are gone except for Vose, who has turned state’s evidence. Virginia Marco took a plea after Vose squawked. She’ll never see the light of day.”
“Why did she plead out? What did she have to lose by going to trial?”
“Every state that she committed murder in has the death penalty. When they agreed to take the death penalty off the table, she gave in. I guess she wasn’t ready to meet her maker.”
They visited a little longer. Sabre mostly listened while Mendoza and Ron talked about Hayden, Idaho.
“I liked it there,” Ron said. “Who knows? I may return someday.”
Sabre gave Ron a sharp look. “You’re not going anywhere for a while. Not until I have a little more ‘brother time.’” Sabre paused and then turned to the marshal. “It’s not that it’s not nice to see you, but everything you have told us here today you could have done on the phone. Why did you come all the way here?”
“Because I need to apologize in person.”
“For what?” Ron asked. “You were always great to me.”
“And you actually believed in Ron when the local cops thought he had shot Dawes,” Sabre said.
“I’m apologizing for the department.” He looked directly at Ron. “Virginia Marco would never have known where you were if it weren't for us. We found a leak in WITSEC. Someone was being paid a lot of money to keep track of you. That’s why only one of the men you sent to prison would show up at a time. Virginia was feeding them information about your whereabouts and when they came to kill you, she was there waiting.”
“Why didn’t she just kill me herself?” Ron asked.
“Because she needed to get rid of everyone else. This way, if something went wrong, you would be their main suspect.”
“Why the ruse in Hayden?” Sabre asked. “Why did she insert herself into Ron’s world?”
“Her father never wanted her in the business. He probably wanted her to stay in some legitimate business because he wanted to protect her, but instead she was insulted. She thought he either didn’t trust her or he thought she was weak, like her brother. She decided to prove otherwise. When Marco proclaimed that he wanted to kill Ron himself, she started her campaign to get closer to Ron. She would keep sucking the other mobsters in, killing them off, and then take Ron to her father so he could have his wish.”
“But when Ron took off, it put a monkey wrench in her plans,” Sabre said.
“Yes, and her father was getting weaker by the minute. That’s when she started posing as an FBI agent. It was a great cover for her to get close to Ron again without making him suspicious.” Marshal Mendoza stood to leave. “I’m sorry we couldn’t have done a better job for your brother.” He reached his hand out to Ron. “Enjoy your life, Ron. If you’re ever in Hayden, stop in. We’ll go fishing.”
After Mendoza left, Ron said, “You seem awfully happy. What’s up?”
“Nothing,” Sabre said but she couldn’t help smiling.
“You’re up to something. What is it?” He poked her on the forearm. “A hot date?”
“If you must know, JP and I are going to Palm Springs this weekend.”
Ron started chanting, “Sabey’s got a boyfriend.”
Sabre shook her head. “Let’s go. Mom’s waiting.”
As they walked toward the back door Ron put his arm on Sabre’s shoulder, placing a sticky note on her back that read: Kick Me.
Sabre felt him stick it on and reached over her shoulder and removed it. “Are you ever going to grow up?”
“I doubt it.”
Dear Reader,
If you enjoyed the character Tuper, you may want to check out my latest novel, MASON’S MISSING. Tuper was so well-liked, I started his own series. It is the first book in the series and is available for pre-order now.
Would you like a FREE copy of a novela about JP when he was young? If so, please go to www.teresaburrell.com and sign up for my mailing list. You will automatically receive a code to retrieve the story. Or you can email me at [email protected]
Thank you,
Teresa
ABOUT THE AUTHOR
Teresa Burrell has dedicated her life to helping children and their families. Her first career was spent teaching elementary school in the San Bernardino City School District. As an attorney, Ms. Burrell has spent countless hours working pro bono in the family court system. For twelve years she practiced law in San Diego Superior Court, Juvenile Division. She continues to advocate children’s issues and write novels, many of which are inspired by actual legal cases.
Teresa Burrell is available at www.teresaburrell.com
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THE ADVOCATE’S FELONY?
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THE ADVOCATE SERIES
THE ADVOCATE
(Book 1)
THE ADVOCATE’S BETRAYAL
(Book 2)
THE ADVOCATE’S CONVICTION
(Book 3)
THE ADVOCATE’S DILEMMA
(Book 4)
THE ADVOCATE’S EX PARTE
(Book 5)
THE ADVOCATE’S FELONY
(Book 6)
THE ADVOCATE’S GEOCACHE
(Book 7)
THE ADVOCATE’S HOMICIDES
(Book 8)
THE TUPER SERIES
THE ADVOCATE’S FELONY
(Book 6 of The Advocate Series)
MASON'S MISSING
(First in The Tuper Mystery Series)
The Advocate's Felony Page 27