Where Love Has Gone (39 page)

The judge didn’t waste any time. His gavel rapped almost before Dani was settled in her chair. “It is the purpose of this hearing,” he said, “to determine the future custody and care of Danielle Nora Carey, a minor, in accordance with her own best interests and the best interests of the state.” He looked down at Dani. “Do you understand that, Danielle?”

Dani nodded. “Yes, sir.”

“You may also remember,” he continued, “that when you were in this court last week I informed you that you have certain rights: the right to call witnesses on your behalf; the right to counsel; the right to question any statement made about you which you regard as derogatory or harmful.”

“Yes, sir,”

“I understand also that you, together with your family, have agreed on Mr. Gordon to represent all of you mutually. Did you agree to that, Danielle?”

She didn’t raise her eyes. “Yes, sir.”

The judge looked at all of us. “We will proceed then,” he said, picking up several sheets of paper from the desk in front of him. “We have before us two separate petitions for the custody of this child. One has been filed by the probation officer, Miss Marian Spicer, requesting that the state retain custody until such time as the child has undergone satisfactory rehabilitation and care and we can be reasonably sure that she will not again bring harm to herself or others by her actions. The other is a petition filed by Mr. Gordon, acting for the parents and relatives of the child, requesting that the child be made a ward of, and custody be entrusted to, Mrs. Hayden, the child’s material grandmother. She

would undertake the education, care and guidance of the child until she comes of age.

“Both plans are complete in their recommendations with specifics concerning the care and guidance of the child. If there are no objections we will begin our hearings with the consideration of the petition by the probation department.”

“I have no objections, Your Honor,” Gordon said.

“Good.” The judge looked over at the probation officer. “Miss Spicer, would you please give the court your reasons for requesting that the state retain custody of the child?”

Marian Spicer cleared her throat nervously and got to her feet. “There are several reasons, Your Honor.”

She began in a thin, tense voice. Then, as she spoke, her nervousness gradually disappeared and her voice became more normal. “We must recognize that this child was brought to the attention of the probation department and this court because of a serious criminal charge—homicide.”

“Objection!” Harris Gordon was on his feet. “The verdict of the coroner’s court was ‘justifiable homicide.’”

I could see that Miss Spicer was flustered. She looked at the judge.

“The objection is sustained and noted,” he said, looking down at Gordon. “But may I call to your attention that Juvenile Law automatically provides that all such objections be made and noted on behalf of the minor? However, since there is no jury impaneled in this court, which needs instruction in these matters, we do not find it necessary to give voice to these objections.”

Gordon nodded. “Yes, Your Honor.”

The judge looked at the probation officer. “You may continue, Miss Spicer.”

Marian Spicer looked down at some papers on the table in front of her and began again. “The probation department, of course, is concerned not only with the charge itself but with the reasons why the minor has committed such a crime and what possibly can be done to prevent another such occurrence on the part of the minor in the future.

“As you will note in our report, Your Honor, we have made an intensive investigation of the background of the child and of the circumstances surrounding her action. We have also examined the child physically and psychologically as best we could under the circumstances.”

She glanced briefly at Nora. “From the physical and medical examination of the child we have determined that she is generally in good health but that she had intensively engaged in sexual relations during the period immediately before she was brought to us. It is the opinion of the examining physician that she indulged in sexual relations for a period of at least a year prior to that. This would make her little more than thirteen when she began this sort of activity.”

I looked at Dani. Her face was pale and she stared down at the table. The probation officer continued.

“When we questioned Dani about this she refused to discuss it. She would not tell us with whom she had committed these acts, nor would she confirm or deny that these acts of sexual contact were indulged in by her. When we point out that her refusal to discuss these matters might react unfavorably

on her disposition, she stubbornly maintained that this conduct had nothing to do with the matter for which she was brought here.”

The judge cleared his throat. “Dani,” he said in a stern voice, “do you understand what Miss Spicer is saying?”

Dani didn’t look up. “Yes, sir.”

“You know, of course, that such actions are very wrong?” he said in the same tone of voice. “That nice girls don’t do such things? That this sort of behavior is contrary to all standards of morality and is considered very sinful?”

Dani still didn’t look up. “Yes, sir.”

“Then there is nothing that you have to tell us about it in justification of yourself?” She looked up at him. “No, sir,” she answered in a firm voice.

The judge looked down at her for a moment, then turned back to Miss Spicer. “Please continue.”

“The child had a number of meetings with Miss Sally Jennings, our staff psychologist, during which she also refused to discuss these matters, on the ground that they were too personal. However she freely discussed many other subjects with Miss Jennings, whose report is also included in the department’s petition.”

Miss Spicer picked up a sheet of paper. “Here is a summation of Miss Jennings’ report. I quote: “‘After various meetings with Danielle Nora Carey, I have come to the following opinions.

Beneath the child’s apparent surface adjustment, there is a deep-rooted and well-hidden feeling of

resentment and jealousy toward her mother. This has shown itself many times, in the child’s own words, by her explosions and arguments with her mother. She finds reassurance in the fact that her mother does care for her, because of the attention paid to her during such moments of rebellion. At other times, Dani feels very certain that her mother is not in the least interested in her. Dani expresses feelings that her mother has separated her from anyone who loved her more than her mother, that her mother is jealous of her, then contradicts herself by maintaining that her mother loves her. There are some indications that a mild paranoia may lie beneath these observations, but at this stage of our observation it is difficult to be sure. Whether this latent paranoia has the potential to erupt in violence again under certain given circumstances, I cannot definitely say. I recommend strongly that the child be detained in custody until all such areas are completely examined and evaluated.’”

Miss Spicer put down the paper and looked up at the judge again. “As is usual, we also made a thorough investigation of the child’s school and home life. Her school record is an extremely favorable one scholastically. She stands high in her class. Socially she is acceptable to her classmates, though they feel she exhibits a superiority toward them in the area of sophistication and worldly knowledge. The few boys whom she went out with all felt that she acted slightly bored while she was in their company.

“We spoke also to Miss Hayden, the child’s mother, who expressed surprise at our knowledge of Dani’s sexual activity. She claims that she had never been aware of it. Our investigation of Miss Hayden revealed that although she took good physical care of the child, the standards of her own behavior, both in her home and out, were highly questionable and certainly did not provide her

daughter with an acceptable moral climate. Without attempting to pass judgment on Miss Hayden, because we realize that as an artist she lives in a peculiar world of her own, certainly the sophistication and conduct of that world would not properly influence Dani in what is normally considered right or wrong. Without going into specific instances of Miss Hayden’s actions, of which we have many, we feel that this in itself would make it extremely hazardous to entrust the child to her supervision.”

I glanced at Nora. Her lips were pressed tightly together as she glared at the probation officer. If looks could kill, the probation officer would be dead.

Miss Spicer did not even look at her, directing her whole attention to the judge. “We spoke also to the child’s maternal grandmother, Mrs. Hayden, who would like to undertake the responsibility for this child. Mrs. Hayden has an excellent reputation in the community and is highly regarded by everyone. There is, however, one handicap which we feel is extremely hazardous. Mrs. Hayden, at present, is seventy-four years old, and although she seems to be in excellent physical health we realize that she cannot personally look after the child herself. She must necessarily rely on others to perform the physical acts she cannot undertake, and while her intentions are admirable we have doubts as to whether she will be able to discharge all the duties she is willing to assume. So, although we have the greatest respect for Mrs. Hayden, we are reluctant to recommend that the child be given into her care at this time.”

The old lady’s eyes were impassive. She watched the probation officer calmly. Apparently she had expected this objection all along.

Miss Spicer got to me last. “We have also spoken to Colonel Carey, the child’s father. He is automatically ineligible to care for the child by virtue of the fact that he resides out of the state. But in addition there are other factors that might preclude his undertaking the responsibility. For many years he has not seen or communicated with his daughter. They have grown apart and are separated by more than the ordinary circumstances of a child’s growing up. We doubt if he has the experience or ability, both financial and personal, to undertake the responsibility for his daughter.”

I could understand now why she had said they didn’t goof up many cases. I looked up to see if the judge had been as impressed. His ruddy face shone from the heat in the humid courtroom. But his eyes were unreadable behind his glasses.

“In view of the foregoing information,” Miss Spicer went on, “we request that the court turn the child over to the California Youth Authority at the Northern California Reception Center at Perkins. It is our hope that after their examination they will send her to Los Guilicos, the rehabilitation school at Santa Rosa, where she will be under competent supervision and will receive proper psychiatric therapy until she is of legal age and released on her own recognizance.”

A silence came over the courtroom as the probation officer sat down. None of us looked at each other. In a way I imagine we were all filled with a kind of shame.

The judge’s voice broke the silence. “Do you have any questions regarding the recommendation contained in the petition of the probation department?”

Harris Gordon got to his feet. “There are a number of objections, as I’m sure the court realizes, that under ordinary circumstances I should make to a report of this kind. But I’m sure the court

recognizes them as well as I, and they will so be made.”

The judge nodded. “They will so be made, Mr. Gordon.”

“Thank you, Your Honor,” Gordon said smoothly. “We believe that our petition clearly states our position and any questions we might have in regard to the petition of the probation department. We believe that the investigation of the probation department has, in many respects, been extremely superficial and prejudiced. Under many circumstances, I suspect this would not make a great difference, but the department must recognize that the ability of the family to provide proper care for the child is well within its means, both physically and financially. Better care, perhaps than the state itself could afford to give.”

“The court has read your petition, Mr. Gordon. We are now ready to take it under consideration.

Would you please proceed?”

Gordon nodded. He still remained standing. “Your Honor, for the purposes of this petition, let it be known that the petitioner in this case is Mrs. Marguerite Cecelia Hayden, the child’s maternal grandmother.”

“The court so acknowledges.”

“Thank you, Your Honor. Without prejudice to the child, let me say that the petitioner recognizes many of the factors inherent in this case, also stated in the petition of the probation department. It is the contention of the petitioner, however, that the probation department, because of its physical limitations, and the state, because of the many burdens placed upon it, cannot give this child the care, so necessary for her complete rehabilitation, that is within the power of the petitioner.

“Rather than the vague generalities of confinement and treatment stated in the petition of the probation department, we have proposed and are ready to implement a specific method of care and treatment for this child.

“Already we have entered into an agreement with the Abingdon School for Girls for the child’s immediate enrollment. I do not have to state the reputation of Abingdon School. I am sure it is well known to the court. It has perhaps the most successful record with so-called problem children of any school in the country. One of the reasons for that success, it has been said, is that the child is not removed from all contact with normal home life. The child is cared for in a completely normal environment and returns home each night, as from any other school.

“I have in this court Dr. Isidore Weidman, a prominent child psychiatrist. He is closely associated with Abingdon School and will undertake the psychological and psychiatric care and treatment of this child. He has made himself available should there be any questions concerning his specific plans for this child.” Gordon looked questioningly at the bench.

“The court knows of Dr. Weidman,” the judge said, “and has a great deal of respect for his abilities and opinions. However it has no reason at this time to question the doctor.”