Damaged (32 page)

“And Detective Randolph, if that were the case, wouldn't the manner of death be considered accidental, not homicide?”

“Yes, that's true.”

“And Detective Randolph, isn't it also true that if that were the case, there would be no reason to believe that Patrick was dangerous, in terms of his custodial placement?”

“Yes, that's true, too,” Detective Randolph admitted.

“Detective Randolph, if you were to find out that Patrick injected his grandfather at his grandfather's request and with no intent to harm him, you would have no opinion at all as to Patrick's custodial placement, would you?”

“True.”

“Detective Randolph, you have testified about Patrick's alleged dangerousness, but you have never met Patrick, have you?”

“No, I have not.”

“Detective Randolph, have you ever before given an opinion, in any court, about an adult or child without ever having met them?”

“No,” Detective Randolph admitted, after a moment.

Watching, Mary thought that John was scoring some points, but Judge Green's expression remained stone-faced as he watched the testimony. There wasn't much else John could do to undermine Detective Randolph's testimony, but she knew he would try with all his might.

“Detective Randolph, isn't it true that you first learned that Patrick was the victim of alleged abuse when you spoke with Cassandra Porter at the Philadelphia Children's Alliance?”

“Yes.”

“Detective Randolph, isn't it true that it was Patrick's grandfather and Ms. DiNunzio who took Patrick to the Philadelphia Children's Alliance to investigate his allegations of abuse?”

“Yes.”

“Detective Randolph, isn't it true that Cassandra Porter told you that Patrick had never accused his grandfather of physical and sexual abuse?”

“Yes.”

“Detective Randolph, isn't it also true that Cassandra Porter told you that Patrick made abuse allegations against someone other than Edward O'Brien?”

“Yes, that's true.”

“So Detective Randolph, isn't it a fact that the basis for your assumption that Patrick was abused by his grandfather is merely the disbelief of his allegations that someone else abused him?”

Detective Randolph paused, frowning. “Yes, that is true. Cassandra told me that Patrick said that a teacher's aide abused him, but I began to question whether it was really his grandfather who abused him and he blamed it on the teacher's aide.”

“Exactly my point.” John squared his shoulders. “You have no facts on which to base a belief that Patrick was abused by his grandfather, isn't that correct?”

“Yes. At this point, that is correct.”

“I have no further questions.”

Judge Green said to Detective Randolph, “Thank you for your testimony. You may step down.”

“Thank you.” Detective Randolph stood up. “Your Honor, I assume I may leave the courtroom?”

“Yes, of course. Thank you for your time.”

John returned to counsel table and sat down, as Mary wrote him a note, WELL DONE. He smiled, but they both knew that the testimony was so damaging they would have to fight extra hard to recover, if they even had a chance.

Chan-Willig was already on her feet, facing Judge Green. “Your Honor, may I call my next witness? I'd like to call Olivia Solo of DHS, Your Honor.”

“Certainly.” Judge Green nodded.

Mary sat back, bracing herself.

 

CHAPTER THIRTY-EIGHT

Mary watched with dread as Olivia was sworn in and sat down in the witness stand. She could feel John tense beside her, and Abby looked equally worried, biting her lip. Abby had told Mary that DHS was the heavyweight in a shelter care hearing, and Olivia's testimony would only reinforce Detective Randolph's.

Chan-Willig stood closer to the witness stand. “Ms. Solo, please tell the Court where you work.”

“I'm a caseworker at Department of Human Services, DHS.”

“How long have you worked at DHS?”

“Since I got out of college, so almost ten years.”

“Ms. Solo, did there come a time when you met Patrick O'Brien?”

“Yes, on October 10. I was called to the house the morning after his grandfather died. I went to pick him up because I had arranged placement for him with one of the families on our emergency fosters list.”

“Ms. Solo, what happened when you went to the house that morning?”

“I had a conversation in the living room with Ms. DiNunzio and I could see that Patrick was manipulating Ms. DiNunzio, so I asked her to come with me in the kitchen for a private conversation. There, I told Ms. DiNunzio that she was undermining my efforts to take Patrick into DHS custody and I told her that I would ask her to leave the premises if she would not cooperate.”

Chan-Willig frowned. “So it is your testimony that Ms. DiNunzio was not cooperating with DHS's efforts?”

“Yes, that is exactly my testimony.” Olivia shot Mary an unabashedly angry look, but Mary masked her reaction, which was vaguely homicidal.

Chan-Willig asked, “Ms. Solo, would you please tell the Court what happened when you and Ms. DiNunzio left the kitchen?”

Olivia readjusted to look up at the judge. “We came out of the kitchen and all of a sudden Patrick threatened to shoot us with a gun.”

“A gun?” Judge Green blurted out, recoiling. “Did you say, a gun?”

“Yes, Your Honor,” Olivia answered, indignant.

“But he's ten years old!”

“Just the same, he's very dangerous, Your Honor.”

“Objection, Your Honor.” John half-rose. “The testimony mischaracterizes what happened. Patrick didn't threaten them—”

“What?” Chan-Willig shook her head. “Your Honor, there's no basis for an objection. Mr. Foxman wasn't present. Patrick
did
threaten them. The witness was there. She can so testify.”

Judge Green silenced the lawyers with a wave, focusing on Olivia. “Ms. Solo, where did the boy get the gun?”

Olivia answered, “It was in the home, Your Honor. It's in police custody at the present time. I took it and gave it to the police. They told me it was a .45 caliber pistol, a Colt semiautomatic from the Army. They said it was used during Vietnam, but it was in working order even though it was old.”

“Mr. Foxman.” Judge Green frowned, turning to John. “Do you dispute that Patrick threatened the DHS caseworker with a semiautomatic weapon?”

“Your Honor, Ms. DiNunzio was present, too, and she will testify that she did not feel threatened and the circumstances are not what Ms. Solo is describing—”

“Yes or no?” Judge Green frowned more deeply. “Do you dispute that Patrick pulled a gun on Ms. Solo and Ms. DiNunzio?”

“No.” John had to answer.

“Please sit down, Mr. Foxman.”

Mary felt her gut churn. She could see Judge Green's expression harden. Detective Randolph's theory that Patrick was guilty of murder seemed more reasonable than before. The case was slipping through their fingers, and so was Patrick.

Judge Green turned to the Assistant City Solicitor. “Ms. Chan-Willig, please continue with your questioning.”

“Thank you, Your Honor.” Chan-Willig turned to Olivia. “Ms. Solo, please continue telling the Court exactly what happened that morning, in detail.”

Olivia nodded. “So we came out of the kitchen and there was Patrick, aiming the gun at us. By the way, he was aiming it more at me, not at Ms. DiNunzio, and he yelled at the top of his lungs, ‘I'm not going anywhere with you!' so he was clearly talking to me. He was
threatening
me.”

“Ms. Solo, can you describe for the court your state of mind at that time?”

“I have never in my life been so terrified.” Olivia's eyes flew open in fear, and even Mary felt that it was genuine. “I have seen some rough-and-tumble things on this job but I have
never
been threatened with a gun pointed
right
at my chest. I was absolutely terrified to my very
soul
. I thought I was going to
die
. I prayed to God to let me live.”

Chan-Willig paused, giving the testimony some hang time. “Ms. Solo, what did you do next?”

“I ran into the kitchen and called 911 and they told me what to do. Then Mary called me to come into the living room and said she had gotten the gun, so I picked the gun off the table and I ran out to the police and I gave it to them. My heart was beating out of my chest practically, and I swear to God, it didn't stop until, like, an hour later.”

Mary watched Judge Green's reaction, his lips were pressed together, his disapproval obvious. She had lost cases before and seen judges look just like him. Their expression went from I'm-Listening to I've-Decided to Why-Are-You-Wasting-My-Time.

Chan-Willig asked, “Ms. Solo, what is your opinion about Patrick's dangerousness?”

“So I think it's obvious. I was in that room, I had a gun pointed at me, and I'm not going to make excuses for him, like Ms. DiNunzio.” Olivia looked over at Judge Green. “Judge, this is a very dangerous little boy we're talking about and I think he would've shot me dead without a second thought. Ms. DiNunzio is in total denial about how dangerous he is, and he should stay in DHS custody because his anger issues are out of control. If you award temporary guardianship to Ms. DiNunzio, I think you would be making a very big mistake and I think you would come to regret it.”

Chan-Willig continued, “Ms. Solo, have you seen any further evidence of his dangerousness during the emergency foster placement?”

“Absolutely. Because of the gun, we placed Patrick at Einstein Crisis Center, and he got into a fight within the first hour.”

“With whom did he fight?”

“With another foster child, just because the other child wanted to see some belongings of his.”

Mary simmered but didn't say anything, and John didn't object because it wasn't objectionable, just wrong.

Chan-Willig continued. “Ms. Solo, let me ask you, did you form an impression of Patrick when you first met him?”

“Yes.” Olivia's lined lips set firmly together. “I got the impression that he was very used to getting what he wants and he becomes angry, aggressive, and violent when he doesn't get it.”

“Ms. Solo, what were the facts that informed your opinion that Patrick had anger issues, even before he pulled a gun on you?”

“He told me from the beginning that he wanted to stay with Ms. DiNunzio and that he wasn't about to come with me. He refused to come with me and refused to leave the house. He does just what he pleases and only what he pleases.”

“Ms. Solo, do you have a belief about why he wants to live with Ms. DiNunzio?”

“Yes, I doubt very much that he's so bonded to her, though that may be what she wants to believe.” Olivia lifted an eyebrow. “He was certainly very excited about riding around in her fancy car and living at her fancy house, which he knew all about. He even told me later that she's going to put him into private school, which is supposedly better than public school. He's a manipulative child and he has completely manipulated Ms. DiNunzio.”

Mary listened, incredulous, wondering how Olivia could have such a warped view of Patrick. John didn't object, since there was nothing legally objectionable. The testimony revealed more about Olivia's psychological problems than Patrick's, and Mary reflected that human beings became damaged in more ways than one. But Judge Green seemed to be taking it in, leaning on his hand.

Suddenly Mary got an idea. She slid the pad over and wrote to John.
The gun wasn't loaded. If it had been, she would've said so.

Chan-Willig stepped away. “Your Honor, I have no further questions for Ms. Solo.”

Judge Green looked over at John, who was already rising. “You have cross-examination, Mr. Foxman?”

“Just briefly, Your Honor.” John approached the witness stand. “Ms. Solo, the gun that we have heard so much about wasn't loaded, was it?”

Olivia hesitated. “No, but I thought it was.”

“Ms. Solo, I'm not asking you what you thought, I am asking you what is true. The gun that Patrick pointed at you was not loaded, was it?”

“No, it wasn't.”

“And isn't it also true that because the gun was not loaded, you were never in any danger?”

Olivia hesitated again. “Yes.”

“I have no further questions, Your Honor.” John turned around, came back to counsel table, and sat down, and Mary couldn't help but think that it hadn't made much difference.

Judge Green turned to Olivia. “Ms. Solo, thank you for your testimony. You may step down.”

“Thank you, Your Honor.” Olivia left the witness stand and returned to her seat, and Judge Green leaned back in his tall leather chair, with a heavy sigh.

Chan-Willig rose. “Your Honor, may I call my next witness?”

“Yes, proceed.” Judge Green nodded, and Mary turned to see the odd-looking middle-aged man who had entered with Detective Randolph stand up and head toward the witness box.

Chan-Willig said, “Your Honor, I call Lawrence Harris,
guardian ad litem,
to the stand.”

Mary's mouth dropped open. She had no idea what was going on. There was no
guardian ad litem
in this matter. She didn't know what Chan-Willig was talking about or where Harris had come from.

“Your Honor.” John rose. “I was unaware that a
guardian ad litem
, a GAL, was appointed in this case. Mr. Harris didn't contact us or the Child Advocate, Abby Ortega.”

Abby rose, too. “Your Honor, I agree with Mr. Foxman. I was never contacted by Lawrence Harris.”

Judge Green frowned. “Counsel, a GAL need not coordinate his efforts with the Child Advocacy Center, though admittedly, that would have been preferable. I understand that Mr. Harris called my chambers and volunteered his services. His name was next on the list. You may know that the GAL list is posted online.”