“As I testified, I was the one who discovered his grandfather dead and I was the one who told Patrick the worst news of his life. I held him that night and he cried himself to sleep, and I imagine that there will be many other nights when he will cry himself to sleep.” Mary felt wetness come to her eyes, but blinked it away. “Ms. DiNunzio, you heard Detective Randolph testify that Patrick is presently under suspicion for the murder of his grandfather, didn’t you?”
“Yes, I did hear that.”
“Ms. DiNunzio, you were surprised to hear that information, were you not?”
“Yes, completely. Actually I was shocked and it’s completely wrong.”
“Ms. DiNunzio, why were you shocked?”
“Because I know that Patrick loved and adored his grandfather. I’m the only one in this courtroom who has seen them together and spent time with them together. Patrick’s grandfather meant everything to him and he was devastated by his death.”
“Ms. DiNunzio, can you offer the Court an explanation for why Patrick did not call 911, the police, or even you upon his grandfather’s death?’
“First of all, he’s only ten years old and he reacted exactly as I would expect in the circumstances, especially for someone who was as devoted to his grandfather as Patrick was. He had nothing else in his life and he was probably terrified of what would happen. When I saw him that time, it is clear to me that he was completely in denial about his grandfather’s death. He knew it, but he didn’t want to know it. That’s why he didn’t call.”
“Ms. DiNunzio, if what you’re saying is true, then how can you explain to the Court the fact that Patrick’s fingerprints may have been found on the syringe that was used to administer a lethal dose of insulin to his grandfather?”
“I’m not surprised by that at all, except for the fact that it was lethal. Patrick is very proud of the way he helped his grandfather, making him soup, reminding him of what medication was due, and things like that. He told me himself, as he told Cassandra and Abby that he helped his grandfather by injecting him with his insulin when he was asked to do so, because Edward got the shakes from time to time.” Mary turned to Judge Green, hoping to drive her point home. “If Patrick administered that last dose, there is no doubt in my mind that the death was accidental. There is simply no grounds for murder here. There was at most an accidental death.”
“Finally, Ms. DiNunzio, would you please explain to the Court your role in what Detective Randolph termed as contamination of the alleged crime scene?”
“Yes, I would be happy to.” Mary turned to Judge Green again, avoiding Chan-Willig’s cold gaze. “Judge Green, I would never participate in a cover-up of any crime, much less murder, and I was the one who found Edward in bed and I believed that he had passed away peacefully in his sleep. Frankly, he had soiled the bed and I didn’t want Patrick to have to see that, because I knew it would upset him. That’s why I cleaned up the sheets and the room. There was absolutely no nefarious intent, and I’m sure that Detective Randolph will determine that, once they’ve had a chance to interview me.”
John nodded. “Ms. DiNunzio, you heard testimony that Patrick presents a physical danger to you and to others. Do you agree or disagree?”
“I absolutely disagree. I think Patrick is a gentle child who is terrified of a world that diminishes him for many reasons, among them the fact that he can’t read, which is very difficult to hide and will only become more difficult as life goes on. That’s the only reason he’s lashed out and I don’t think he’ll ever lash out at me.”
“Ms. DiNunzio, you have heard testimony that Patrick pulled a gun on Olivia from DHS. You were present when that occurred, were you not?”
“Yes I was. Patrick was so upset that day. He was being taken from his home the very next morning after his grandfather had died.”
“Did Patrick point the gun at you?”
“In a sense, yes, because I was standing next to Olivia.”
“Ms. DiNunzio, were you at any time in fear for your life or safety?”
“No.”
“Ms. DiNunzio, how could you not be afraid when the gun was pointed at you?”
“Because I knew he wouldn’t fire it and I understood the reason why he did it.”
“Ms. DiNunzio, what was that reason, in your opinion?”
“It was because he was a scared little boy and he didn’t want to leave the only home he’s ever known, or his grandfather. He grew up listening to his grandfather’s war stories in the Vietnam War. The same is true of his drawings, they’re about his grandfather in war. Patrick would never, ever have harmed Olivia or me.”
John took a deep breath, in a final way. “Thank you, Ms. DiNunzio. Your Honor, I have no further questions.”
“Ms. Chan-Willig, do you have cross-examination?” Judge Green looked over at Chan-Willig, who was already on her feet, striding toward the witness stand.
“Ms. DiNunzio, isn’t it correct that you have absolutely no training in child psychology?”
“Yes, that’s true.”
“And it is also correct that you have never interviewed a child to determine if he creates a risk to others?”
“That’s true.”
“Ms. DiNunzio, it’s correct that you have no experience counseling children who present a danger to others, isn’t it?”
“That’s true.”
“Ms. DiNunzio, you have no children of your own, isn’t that also correct?”
“That’s true.” Mary thought this cross-examination was doing nothing for her self-esteem.
“Ms. DiNunzio, you have never served as a foster parent or guardian before, isn’t that correct?”
“Yes, that’s true.”
Chan-Willig frowned. “Ms. DiNunzio, how is it possible that you have known Patrick only five days, have absolutely no experience with children, foster children, or child psychology, and yet could be so completely certain that Patrick didn’t kill his grandfather and that he meant you and Ms. Solo no harm when he aimed a gun at you?”
Mary’s mouth went dry. “I know him.”
“Ms. DiNunzio, you have known him only five days, isn’t that true?”
“I know who he is inside and I know what he was going through at the time.”
“Five days!”
John half-rose. “Objection, Your Honor, this is argument.”
Judge Green nodded. “I’ll sustain the objection. Ms. Chan-Willig, you’re entitled to explore the issue but not to argue with the witness.”
“Thank you, Your Honor.” Chan-Willig swiveled to face Mary. “So is it your position that this Court should transfer custody to you, though Patrick is under suspicion for murder and has demonstrated objectively dangerous behavior, because you met him only five days ago and think you know him inside?”
Mary didn’t hesitate. “Yes.”
Chan-Willig rolled her eyes, in a stagy way. “Moving on, Ms. DiNunzio, you are a partner at the law firm of Rosato & DiNunzio, is that true?”
“Yes.”
“And as such, you’re an experienced civil and criminal litigator, isn’t that true?”
“Yes.”
“Ms. DiNunzio, let’s assume for the sake of argument that you are granted temporary guardianship today, but also the worst-case scenario happened, that is, Patrick ends up attempting to kill you or someone else. In your opinion as an experienced litigator, wouldn’t you or that person have a colorable cause of action against DHS, the City, and even the Court?”
“Objection, Your Honor.” John stood up. “That question obviously calls for speculation.”
Mary turned to Judge Green. “Your Honor, I’d like to answer that question. I have no problem answering the question.”
“Good, I intended to overrule the objection anyway. Please answer.” Judge Green looked Mary directly in the eye, which told her that he was very concerned about this point.
“Your Honor, Ms. Chan-Willig is probably correct that if Patrick hurt someone, there would be a colorable cause of action. But the f
act is, I would never take this child into my home if I thought that he would hurt me, anyone I love, or anyone at all. Granted, I haven’t known Patrick that long, but I have known him longer than anyone else in this courtroom and I have known him better than anyone else in this courtroom, so I know exactly what I’m doing.”
Mary kept going because this was her only shot. “And I quarrel with the premise of the question, which is the assumption that Patrick harming someone is the ‘worst-case scenario.’ Because to me, the worst-case scenario, and the far more likely worst-case scenario, is that Patrick will falter and drown in the foster care system, and he will never get the programming, treatment, or affection that he deserves, and he will have absolutely no chance at a future, only because we made the wrong decision today in fear of legal liability.” Mary felt tears come but blinked them away again. “Your Honor, I am asking you, I’m begging you, to trust my judgment and let me help this child. I know it’s the right thing to do and I promise you that you will never regret it, as long as you live.”
Judge Green cleared his throat. “Thank you, Ms. DiNunzio,” he said quietly.
Mary looked back at Chan-Willig, whose face was falling into concerned lines. They both knew that Mary had reached the judge’s heart, so the prudent decision would be to get Mary off the stand.
“Your Honor, I have no further questions,” Chan-Willig said, returning to counsel table.
“Your Honor, I have no redirect,” John called out, from counsel table.
“Ms. DiNunzio, you may step down.” Judge Green looked down at the papers on his desk. “Counsel, let’s take a short break, fifteen minutes. When we reconvene, I’ll have my ruling. Thank you very much.”
“Thank you, Your Honor.” Mary rose on shaky knees, stepped down, and made her way back to counsel table, where she sat down.
Bam! John had written on the pad.
CHAPTER FORTY-THREE
Mary, John, and Abby made their way through the crowd, which had diminished. All of the other proceedings were ending or had already ended, and there were fewer parents and children. Lawyers clustered in groups, their ties loosened or makeup worn off, trying to settle cases after a tough day, and courthouse employees laughed together, blowing off steam. Mary opened the door to the attorneys’ conference room, and John and Abby piled inside, then sank into chairs around the table.
Mary closed the door behind them, then turned and leaned against it, facing them. “Gang, can I just say something? I want to say thank you, to both of you. No matter which way this turns out, I’m so grateful to you guys. John, you dropped everything and worked around the clock. Thank you very much.”
“It was a pleasure, really.” John smiled, warmly.
“And Abby, I know you’re in there fighting with me and I know you feel the same way I do. Your dedication is incredible. Thank you very much.”
“I’m happy to do it, and I’m really hoping we win, for Patrick’s sake. I’m pitching for you, believe me.” Abby grinned. “Fingers crossed.”
“Right.” Mary crossed her fingers.
John’s smile faded. “Well, we left it on the field, as they say.”
“Right.” Mary felt the same way. “Does it mean anything that the judge is going to rule from the bench, so quickly?”
“No, it doesn’t. Judges at shelter care hearings usually rule from the bench.”
Abby nodded. “It’s not like they have to go to chambers and get a clerk to research precedent.”
Mary felt suddenly tired, taking an empty chair at the table. “So what do you think, folks? Do we have a shot? Is it slim to none?”
John shook his head. “We have a shot. But I would say it’s slim, if I were a gambling man.”
Abby rolled her eyes. “You, a gambling man? You’re the most careful lawyer I know. I mean, do you even cross the street on a yellow light?”
“How dare you.” John snorted. “But, no.”
Abby shifted her animated gaze to Mary, when her smile vanished, too. “Mary, I wish I could make you feel better. I think we’ll probably lose today but I think we will win in ten days. That said, you did great on the stand and if you do that in ten days, we’ll win at the adjudication hearing. Patrick can make it ten days, if we both visit him and watch over him.”
“I hope he can.” Mary wanted to believe Abby was right, but just then she noticed John looking past her out the window, squinting.
“That’s funny,” he said, pointing. “Who are they? Those people look crazy.”
Abby did the same thing, amused. “How did they get past security?”
Mary turned around and saw who they were talking about, and in one second, she was on her feet and running out of the room. She hustled forward as every head turned, watching the scene. Her father was hurrying toward the courtroom, still in his multicolored sash from the Columbus Day Parade, with her mother hanging onto his arm and hobbling along in her orthopedic shoes, followed by Feet in a KISS ME, I’M ITALIAN baseball cap and Tony-From-Down-The-Block in a T-shirt that read, LEIF WHO? Pigeon Tony brought up the rear, scurrying in his white shirt, green work pants, and jaunty red kerchief, which looked like his Columbus Day attire but was in fact what he wore every day.
“HIYA, MARE!” her father shouted, his lined face lighting up. “WE’RE HERE TO PICK UP PATRICK! WHERE IS HE? WE’RE GONNA HAVE A PARTY! YOUR MOTHER MADE GNOCCHI!”
“Maria, Maria!” her mother chimed in. “I’m a so happ’, so happ’!”
“Hi, Ma, Pop, this is a surprise.” Mary kissed her mother and father quickly, then Feet joined the huddle, smelling of pepper-and-egg sandwiches.
“Mare, we’re so excited! We’re gonna drive him home in the car! It’s got the streamers on and all! He’ll be ridin’ in style!”
“Mare, look!” Tony-From-Down-The-Block waved a plastic bag. “I got him a Columbus Day T-shirt and a cap!”
“Ma, Pop, Tonys, listen.” Mary tried to prepare them for bad news. “It’s really nice of you to come downtown but—”
“WE LOOKED IT UP ON THE INTERNET, THAT’S HOW WE FOUND YOU. IT HAD YOUR NAME, RIGHT ON THE COMPUTER!”
Mary touched her father’s arm. “Pop, but really, listen to me. The judge is deciding what to do now and he might not go our way. He may not give us Patrick. In fact, he probably won’t.”
“WHAT DO YOU MEAN?” Her father’s milky eyes flared in outrage behind his bifocals. “WHY NOT, MARE? YOU’D BE A GREAT MOM! WE’D BE GREAT GRANDPARENTS!”
“Maria, e vero?” her mother said, her voice hushed with disappointment.
Feet scowled. “We want Patrick! I’ll give that judge a piece of my mind!”
“Me too!” Tony-From-Down-The-Block lumbered toward the courtroom door.
“No, guys!” Mary hurried and stopped them. “Guys, you can’t, please. Stay here and wait for me.”
“BUT MARE, IF THE JUDGE MET US, HE’D GIVE PATRICK TO US. HE JUST DOESN’T KNOW US. HE NEEDS TO MEET OUR FAMILY.”
“Pop, no.” Mary didn’t have time to explain. “It’s not about you or me. It’s about the law.”
John hurried over with Abby, stepping into the breach. “Hello, Mr. DiNunzio, Mrs. DiNunzio, I’m John and this is Abby, we work with Mary. We have to go into the courtroom, right now. The judge is waiting—”
“GOOD, GREAT, PERFECT TIMING! LET’S GO!” Her father barreled ahead, but Mary blocked his path.
“Pop, no, you can’t go in the courtroom. You’re not allowed.”
“WHY NOT? THIS IS A FREE COUNTRY.”
“Pop, these proceedings are confidential.” Mary backed up against the door to the courtroom, holding them off, then turned to her mother, usually the more sensible. “Ma, tell Pop and The Tonys, you have to wait there. I’ll get in trouble if anybody tries to go in the courtroom.”
“Si, si, Maria.” Her mother said, teary, which broke Mary’s heart. Mary wished she had prepared them for the fact that she could lose, but as John said, she hadn’t seen any of this coming.
; “Mom, if we don’t get Patrick today, we’ll try again in ten days. Okay?”
“Mary, please?” John motioned to her toward the courtroom and held open the door.
Mary turned back to her mother. “Ma, now I have to do my job. Let me go inside and see what the judge decided, then I’ll come out and tell you. Try not to be upset if I lose, okay?”
“Si, si,” her mother answered, her eyes glistening and her lower lip puckering.
“WE’LL WAIT HERE, DOLL.” Her father hugged her mother close.
Tony-From-Down-The-Block nodded. “Whatever you want, Mare.”
Feet shrugged. “You’re the boss, Mare.”
“Great, thanks. Stay here. Don’t come in.” Mary hustled into the courtroom behind John and Abby, just as the administrative clerk was hanging up the phone.
“Counsel, take your seats. The judge is on his way in.”
“Sorry.” Mary hustled to stand in front of her seat at counsel table next to John and Abby. Chan-Willig, Olivia, and Harris were already standing in place.
“Hear, hear! Please rise for the Honorable Judge William R. Green. This Honorable Court is now in session!”
Everyone stood up, the pocket door opened, and Judge Green entered the courtroom and swept up the steps of the dais. He glanced around without making eye contact, his expression solemn. “Please, sit down.”
Mary took her seat, put her parents to the back of her mind, and focused on the judge, coming fully into the moment. She was always nervous when a judge came back with a ruling or a jury returned with a verdict, but she’d never felt like this before. Her heart pounded in her chest. She could feel blotches bursting into bloom onto her neck.
Judge Green said, “Folks, this was not an easy decision to make. However, I have made a decision, and as is my custom, I will deliver my ruling and then briefly explain my reasons. Ms. Chan-Willig and Mr. Foxman presented their cases in a very compelling fashion and I was able to consider the evidence as a totality. I took into account the testimony from professionals whose experience affords them ample basis for their opinions, Detective Randolph, Ms. Solo, Mr. Harris, and Ms. Ortega, as well as Ms. DiNunzio. It is clear to me that everyone who testified has the best interests of Patrick at heart, even though they differ on what his best interest may be.”
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