Damaged (35 page)

Mary tried to relax as she took her seat in the witness box, but she felt nervous and disoriented. She'd stood in front of plenty of witness stands but never sat inside one, and it changed her perspective. The courtroom seemed intimidating with all the faces looking back at her, and she felt uncomfortably as if Judge Green were looking over her shoulder, instead of presiding.

She found her bearings while John took her through a string of preliminary questions, listing her background, education, and general worthiness as a guardian, then they segued into her testifying about how she had met Patrick, filed the complaint with Officer Diamond, and taken him to Cassandra Porter at the Philadelphia Children's Alliance, which was designed to explain to the judge the chronology of the case.

John stood before the witness stand. “Ms. DiNunzio, can you explain to the Court why you are stepping up to serve as a temporary guardian to Patrick?”

“Yes, Patrick deserves a chance to have a good life, just like any other kid. He has been dealt some terrible cards, the desertion of his father, the death of his mother, a terrifying assault at school, and now the death of the person closest to him, his grandfather, whom he loved very much.” Mary continued, speaking from the heart. “I spend a lot of time in our city's elementary and middle schools, and I see child after child who's falling through the cracks. They are born into impossibly difficult circumstances and they can't succeed in school because they never get the helping hand they deserve. And I know that I can prevent that from happening for Patrick. I can give him a future, if I can just get him through this rough patch.”

“Ms. DiNunzio, how exactly would you get Patrick through this ‘rough patch'?”

“I already have him admitted to Fairmount Prep, where they can program for his dyslexia and give him therapy for his anxiety and depression. I also have referrals of child psychologists for independent counseling. He has money that can pay for counseling, and if I were his legal guardian, I could make those expenses for his benefit. If he gets what he needs, he will be a wonderful candidate for permanent adoption.” Mary sensed she was speechifying, but there were no objections so she went with it. “But if he doesn't get that treatment, he could be forever damaged and forever lost. He's on the precipice now, and I would very much like to be his temporary guardian.”

“Ms. DiNunzio, how do you feel about Patrick, as a personal matter?”

“I like him very much. He's smart, he's verbal, he's a talented artist. He forms bonds easily with people, he very much wants to be liked. He's just afraid and he's been bullied, and he will blossom if he is just given the chance. Even having the ability to read, something that we take for granted, will open his mind, broaden his horizons, and increase his self-esteem.”

“Ms. DiNunzio, please explain to the Court how long you have known Patrick.”

Mary swallowed hard. “I haven't known him long at all. In fact, I've known him only a few days. It's not a long-term relationship, but we bonded because I was with him through the hardest moment of his life.”

“Ms. DiNunzio, what you mean by that?”

“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 fact 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.”