Date: Thu, 06 Mar 2003 11:33:31 -0500 From: Jeff Allen Subject: Love of a Lifetime Part 38 This is a fictional story dealing with love and consensual sexual activities between males. If you are not of legal age, reside in an area where viewing such material is illegal, or are offended by homosexuality and/or homosexual themes, leave this site now. The author retains all rights to this story. No reproductions or links to other sites are allowed without the permission of the author. Note: I owe a special thanks to Robb for doing the final proofreading and catching all those silly little errors that I missed. LOVE OF A LIFETIME PART 38 Kathy Williams was a godsend for us. She knew a lawyer in town who specialized in family law, usually as an advocate for the child. The lawyer, Sharon De Mascorro, was the partner of one of Kathy and Kevin's fellow faculty members in the English Department. With our permission, Kathy called her colleague and explained the situation to her. In turn she called her partner. Sharon De Mascorro called and wanted to see us in her office right away. Kathy said she would take care of Greg, so Andy and I headed downtown to meet with Ms. De Mascorro. Her office was on the second floor above an insurance agency downtown near the courthouse. It was after normal business hours, and the front office was empty. Ms. De Mascorro met us at the door and ushered us into her office. She was somewhere between 45 and 50 years old with brown eyes, steel gray hair, large breasts, and reading glasses held on a chain around her neck. She looked more like a faculty member at the university than my image of a practicing attorney. We explained the problem to her. She listened and asked a few questions for background information. She turned her attention to Andy. "Mr. Hatcher, I normally represent the interests of the child in cases where the county has alleged abuse. However, my partner and I know Kathy and Kevin Williams, and we like and respect them. Kathy spoke very highly of both of you, and I'm willing to proceed on that basis, but I must warn you that if I ever have any suspicion that the allegations of abuse of your son might be true, I will terminate this attorney-client relationship. Is that understood?" "Yes. Completely." "Good. I know Margaret Anderson and Alice Putnam, your son's teacher. Both women are very concerned with the welfare of children. I do know from past experience that Ms. Putnam is not very open on the subject of homosexuality and gay parents. Margaret Anderson's response surprises me. I've worked with her many times in the past, and I've not detected any problem with her even though she knows that I'm a lesbian. "Do you have a pediatrician for your son?" "Yes. We use Dr. Dyson." "Good choice. We use him also for our daughter. I want you to have Dr. Dyson examine Greg for any signs of sexual or physical abuse. Be up front with him on this because he will have to testify in Family Court or provide an affidavit. "I'll check tomorrow and find out when Margaret Anderson intends to file for termination of parental rights. Family Court is less formal than Superior Court so the cases are heard quickly. Usually in a matter of a few weeks. I'll let you know as soon as I find out anything." She stood indicating the meeting was over. We were silent on the way home. Neither of us was in the mood to talk. At least we had a lawyer to represent us, but how would we pay for her, and more important what would we tell Greg? ********** Andy got an appointment with the pediatrician for the next afternoon. He skipped his afternoon class to take Greg to the appointment. When he got home from seeing the doctor, there was a message on our answering machine from Sharon De Mascorro telling us that the Family Court hearing was being scheduled for the next Monday at 10:00 a.m. and asking Andy to call her to develop a list of witnesses that could testify to his (and my) fitness as a parent. Kevin, Kathy, Justin, and Megan all agreed immediately. While Andy and I were too scared to be angry. Kevin, Kathy, Justin, and Megan were just plain angry. ********** Everyone got angrier the next afternoon. Andy had an afternoon class. I had a lab and then track practice. The arrangement was that Heather and Allison Williams would watch Gary and Greg until Andy got home. When the boys walked up the street from the school bus stop, Margaret Anderson and a man, who we later found out was another social worker, approached the boys and told Greg to get in the car with them. Greg refused and drew away from the two strange adults. The man grabbed Greg by the arm, and Gary lit into him with his fists flying. Heather and Allison heard the shouting and looked out the window. They saw two adults trying to shove Greg into the back seat of a car while Gary was beating at them and yelling for help. Heather ran out to aid her brother while Allison dialed 911 before running outside to join the fray. The two social workers were faced with trying to fight off not only Gary but also Heather and Allison who at 13 and 11 years old were close to adult size. The town police responded quickly to Allison's 911 call, but not before Ms. Anderson had landed hard slaps to the faces of both girls and Gary had received a cut lip from the male social worker although he had managed to land a swift kick into the man's private parts that had him almost doubled over in pain. The police separated the combatants, but were forced to assist the two social workers when they produced paper work from the County Department of Social Services authorizing them to place Greg in "emergency foster care." Heather called her parents at the university to tell them what happened. Kathy ran over to the business building to pull Andy out of his class while Kevin got me out of track practice. On her way home Kathy used her cell phone to call Sharon De Mascorro. At the house, Kevin and Kathy tried to calm down their children while Andy and I waited for word from our lawyer. ********** It seemed like an eternity, but it was really only about an hour before Sharon De Mascorro pulled her car into the driveway. Andy met her at the door. "What's going on? Why did they take Greg?" "Andy, try to calm down. I'll tell you what I know, and we'll go from there." Andy sat on the edge of the couch. I sat next to him and held his hand. Sharon began, "I called Family Court. Margaret Anderson filed an emergency petition with the Court this morning asking that Greg be placed into foster care until the Court's decision on Monday. Her petition claimed that the safety of the child was at stake. The judge granted the petition. That's normal in Family Court. The Department of Social Services has a lot of leeway in deciding when a minor needs to be removed from the home on an emergency basis. The Court invariably goes along with the professionals." "That's my child! How can this be happening?" "Honestly, I don't know. I delivered a copy of Dr. Dyson's report indicating no basis for a concern of physical abuse to Ms. Anderson. I thought that would be the end of it and that the Family Court hearing would be canceled. I can't imagine why she filed for emergency removal. That's certainly one thing I'll be asking her on Monday." "This is unreal! Where did they take Greg?" "Andy, I don't know, and they won't disclose that information to anyone. That's a rule designed to protect the child." "They've kidnaped my son! Isn't there anything we can do about it?" "Unfortunately, there isn't anything that can be done legally until the hearing on Monday. I don't understand why they're doing this. The petition alleges a concern for abuse from both you and from C.Z." "From me?" I was thunderstruck. "Yes. I picked up a copy of the petition, C.Z. You're mentioned specifically. In fact, as I read the petition, I got the impression that Social Services was more concerned about your presence in the home than about Andy's care of Greg." She pulled a sheath of papers out of her briefcase and began to read, "The petition mentions 'grave concerns about the presence in the home and the influence of Mr. Carter Z. Johnstone, a person of known immoral character, on the minor child.' I know you have been 'outed' on campus because of the Brad Miller case. The Hall murder and your kidnaping by Miller were highly publicized in town and on campus." "Is this all about the fact that C.Z. and I are gay?" She sighed. "I think it might be the underlying reason for Margaret Anderson's concerns as well as those of Greg's teacher. Alice Putnam was our daughter's kindergarten teacher. It was clear though out the year that Ms. Putnam did not approve of either me or my partner. I didn't understand her attitude at first, but by the end of the year, I realized that it was because we were a gay couple raising a child together. "What I don't understand is Margaret Anderson's attitude in this case. I've worked with her before on a number of occasions. She knows I'm a lesbian. Yet I've never had any problem working with her." I swallowed and asked the next question. "Is the fact that Andy and I are living together going to mean that we lose Greg? Do I need to leave?" "C.Z., I don't know. I hope it doesn't come to that, but it might. The Family Court judge who'll be hearing the case on Monday is the more conservative of the two judges in that court. I just can't predict how this judge is going to act." I squeezed Andy's hand and looked him in the eyes. "Babe, I grew up without a father and so did you. We can't let that happen to Greg. If we have to, I'll move out and live with Justin and Megan." Andy was about to respond when Kevin Williams burst in the door. I'm sorry to interrupt, guys. Sharon, when you get a chance Kathy and I would like to ask you to listen to our kids about what happened today. I want to press assault charges against those two social worker jerks. They hit my kids, and I'm not going to let them get away with it." ********** That weekend had to be longest in our lives. All Andy and I could do was worry about Greg. Our friends were as supportive as possible and tried to distract us from thinking about the upcoming court session, but they weren't successful. ********** On Sunday evening Ron Kestler and Dee McMillan stopped at the apartment. Ron got right to the point of their visit. "Dee and I were over at my parents for dinner today. We were talking before dinner about Social Services accusing you two of abuse and taking Greg away. My mom overheard the conversation and asked if we knew who the social worker was. She knows Margaret Anderson, and it turns out that Ms. Anderson is Brad Miller's aunt. She's his father's sister." Andy and I looked at each other. We had the same thought. We called Sharon De Mascorro at home and had Ron repeat his information to her. ********** The hearing was scheduled for ten in the morning. We both skipped classes that morning and were waiting at the courthouse by 9:30. We shouldn't have been so eager. We weren't called into the court room until nearly eleven. Andy and Sharon De Mascorro sat at one of two tables in front of the judge's bench. Margaret Anderson and another woman who I assumed was the attorney for the Department of Social Services sat at the other table. The judge, Howard Linzey, was an older, distinguished looking man. The judge looked over some papers at his bench. He looked over the top of his half lens reading glasses and spoke to Sharon. "Ms. De Mascorro, I have a petition from the Department of Social Services requesting termination of the parental rights of Mr. Andrew Robert Hatcher for one minor child, Gregory Andrew Hatcher. Is it your intention to contest the petition?" "Yes, Your Honor." "Proceed." Sharon approached the bench with a thick sheet of papers after first handing an identical sheath of papers to the women at the other table. "Your Honor, I present affidavits from Dr. James Dyson, a pediatrician, who examined the minor child in question the day after these spurious allegations from the Department of Social Services were lodged against my client. Dr. Dyson states in his affidavit that, other than a black eye which the child received at a soccer game, the child had no bruises, injuries, or other signs of physical or sexual abuse as alleged by the Department of Social Services. Please note the photographs which Dr. Dyson has submitted as a part of his affidavit. Dr. Dyson is available for questioning by Counsel for the Department of Social Services if needed." The judge scanned the affidavit and then addressed the other attorney, "Ms. Quarles, do you wish to question Dr. Dyson in this matter?" The attorney looked up from the papers in her hands. "Not at this time, Your Honor." "Proceed, Ms. De Mascorro." "Second, I present affidavits from Kevin N. Williams, Kathy H. Williams, Gary G. Griffith, Matthew P. Stevenson, and Justin S. Barnes, who all witnessed the soccer game at which the child, Gregory, received the black eye which has caused so much concern. Each of these individuals is available for questioning by opposing counsel." "Ms. Quarles, will you want to question any of these individuals?" "Yes, Your Honor. We intend to do that when the court returns from its lunch recess this afternoon. "Very well. Ms. De Mascorro, you may proceed." "Thank you, Your Honor. We would like to call two witnesses at this time. The first is Ms. Alice Putnam and the second will be Ms. Margaret Anderson. Your Honor, since Ms. Putnam's testimony and Ms. Anderson's testimony are related, I ask that Ms. Anderson be excluded from the courtroom until she is called as a witness." "Any objection, Ms. Quarles." "None, Your Honor." Margaret Anderson rose from the table and walked out of the courtroom while the bailiff escorted Greg's teacher into the room and to the witness stand where he administered the oath and had her state her name and occupation for the record. Sharon approached the witness. "Ms. Putnam, you have Gregory Hatcher in your classroom, correct?" "Yes." "And you reported your suspicions of physical abuse to the school authorities, correct?" "Yes." "And why did you do that, Ms. Putnam?" "Teachers are required to report suspected abuse to the school authorities." "So you reported your suspicions to the Principal?" "Yes." "And the Principal contacted Social Services?" "I assume that's what happened because they investigated." "By 'they', you mean Social Services, correct?" "Yes. I'm sorry that wasn't clear." "So you talked to a social worker about this case?" "No. Normally a social worker would contact the teacher, but no one from Social Services talked to me about Greg." "I see. Why did you suspect abuse in this case, Ms. Putnam?" "Well, the child came in last Monday with a black eye." "How long have you been a teacher, Ms. Putnam?" "I've taught kindergarten for twenty-eight years." "Is it unusual for a child in kindergarten to have a black eye?" "Unusual, yes." "How many children have a black eye each year, Ms. Putnam?" "Oh, probably three or four each year." "Three or four each year. How many children have had black eyes this year, Ms. Putnam?" She thought for a moment. "I think there have been three black eyes so far." "Three so far! And this is only September!" "Yes, there have been more than normal this year." "Did you report the other black eyes to the school authorities." "No." "You didn't suspect abuse in those cases?" "No." "Then why did you suspect abuse in this case?" "I have been concerned about the home situation since the beginning of school." "So when Greg Hatcher showed up in your classroom last Monday morning with a black eye, you assumed that it was because his father had hit him?" "Well, yes. Either his father or that other man." "Exactly why were you concerned about the 'home situation' for Greg Hatcher?" "It's hard to say." "Please try." "Well...ah...you know, the idea of two men living together." "Why was that a concern, Ms. Putnam?" "Well, it just seems odd. I was concerned that it was an unnatural home situation." "Define what you mean by unnatural, Ms. Putnam." "I thought they might be two queers...er...I mean homosexuals living together." "I see. Since Greg Hatcher was living in a household with two men, you assumed that Mr. Hatcher and Carter Johnstone, the other man, are a gay couple." "Yes. It's unnatural. It's against God's law." "Are you a Christian, Ms. Putnam?" "Yes, I am. I'm proud to be a Christian." "Do you believe the Bible is the Word of God?" "Yes. Every word is true." "Do you have non-Christian children in your classroom, Ms. Putnam?" "Of course." "Do you harass their parents the same way that you've harassed Mr. Hatcher?" Ms. Quarles was on her feet. "Objection!" The judge looked down at Sharon. "Sustained. Ms. De Mascorro, you know better than that." "I apologize, Your Honor." She turned back to the clearly flustered witness. "Ms. Putnam, are you aware that four years ago Andrew Hatcher was named Carter Johnstone's legal guardian by terms of his mother's will?" "Ah...no. I didn't know that." "If you were looking for the type of relationship between Andrew Hatcher and Carter Johnstone, all you had to do was ask. Did you ask, Ms. Putnam?" "No." "Other than your assumption that Mr. Hatcher and Mr. Johnstone were involved in a homosexual relationship, which you have termed 'unnatural', did you have any basis for suspecting that Greg Hatcher was being abused by either his father or by Mr. Johnstone?" Alice Putnam was silent. The judge looked down from the bench. "The Court is waiting, Ms. Putnam. Please answer Counsel's question." She did not look up when she answered. "No." Sharon turned away from the witness. "I have no further questions." "Ms. Quarles, do you wish to question the witness?" "Not at this time, Your Honor." Her eyebrows were knitted together as she considered where the testimony was leading. "Who's your next witness, Ms. De Mascorro?" "We call Margaret Anderson." The bailiff escorted the social worker to the stand. After she was sworn in and stated her name and occupation for the record, Sharon De Mascorro approached the new witness. "Ms. Anderson, when did you first become aware of allegations of abuse against Mr. Hatcher?" "When the school contacted my office on Monday last." "What is the normal procedure when your office is notified by the school of a potential case of abuse?" "We investigate." "Yes, and what do you do to investigate?" "Our office talks with the teacher to determine the basis for concern. Often we look at the abuse victim at the school. If there's reason to proceed, then we contact the parent for an interview." "Did you follow all of those steps in this case, Ms. Anderson?" "Ah, no. We didn't examine the child at the school." "So you proceeded directly to an interview with the parent solely on the concerns of the teacher, Ms. Putnam?" "That's correct." "What did Ms. Putnam tell you?" "That she was concerned for the safety of the child." "So on the basis of your discussion with Ms. Putnam, you contacted Mr. Hatcher." "Yes." "Please describe your interview with Mr. Hatcher." "I met with Mr. Hatcher on last Tuesday afternoon. He was evasive and uncooperative during the interview, and that raised my level of concern for the child." "Did you know who Mr. Hatcher was before your interview with him?" "No." "Did you know who Carter Johnstone was before your interview with Mr. Hatcher." "No." "You never heard of Carter Johnstone before this case?" "No, I don't think so." "Ms. Anderson, I remind you that you are under oath." Quarles was on her feet. "Objection. What is the relevance of this line of questioning?" The judge looked down. "Where is this going Ms. De Mascorro?" "Your Honor, we have information that this witness may be acting out of personal animosity toward Mr. Hatcher and Mr. Johnstone." "Very well, I'll allow the question, but you need to make your point quickly." "Thank you. Now, Ms. Anderson, I ask you again if you had knowledge of either Mr. Hatcher or Mr. Johnstone before your meeting with Mr. Hatcher?" "No." I saw her back stiffen as she answered. "Ms. Anderson, I think you have lied to this court. The first lie was when you told us that you had talked with Ms. Putnam. We have Ms. Putnam's sworn testimony that she was never contacted by the Department of Social Services after expressing her concerns to the school principal. The second lie was when you told us that you had no prior knowledge of either Mr. Hatcher or Mr. Johnstone. Ms. Anderson, do you know a Bradley Miller?" Margaret Anderson was visibly upset at this point. She answered softly. "Yes." "And what is your relationship to Bradley Miller?" "He's my nephew." "You are the sister of John Miller, Bradley Miller's father, correct?" "Yes." "Is it true, Ms. Anderson that Bradley Miller is currently awaiting trial for the murder of Roger Hall and the abduction, assault, and rape of one Carter Zebulon Johnstone, and isn't it also true that John Miller, your brother, and his wife, your sister-in-law, have been charged with providing false statements to the police in regard to the murder of Mr. Hall and the abduction of Carter Johnstone?" Her answer was barely audible. "Yes." "So when you said that you had no prior knowledge of Carter Johnstone, you were lying." "I'd forgotten." "Forgotten? How could you forget such a thing? In fact Ms. Anderson, I have an affidavit from Ms. Rachel Kestler in which Ms. Kestler states that she was at the beauty parlor with you shortly after your nephew's arrest on the murder and kidnaping charges. Ms. Kestler maintains that you told her at that time that 'C.Z. Johnstone has ruined my nephew's life, and I'll ruin his if I ever get the chance.' Do you remember that conversation, Ms. Anderson?" "I don't recall." "How convenient. Ms. Anderson, I have in my hand a copy of the information which was given to the Department of Social Services regarding Gregory Hatcher. The information includes the name of Greg Hatcher's father as someone to notify in case of an emergency, but it also includes the name of Carter Johnstone as being authorized to pick up Greg from school if necessary, and the form clearly lists Carter Johnstone's address as being the same as that of Greg Hatcher and his father. Did you decide to cook up these false charges against Andrew Hatcher when you saw Carter Johnstone's name on this form?" The judge interrupted at that point. "I remind you, Ms. Anderson that you are under oath. You have already perjured yourself at least once in this court. Don't compound your crime by lying again." Margaret Anderson looked like she was about to dissolve into tears. Her voice shook as she answered. "I saw Johnstone's name on that form, and I knew I could get back at him for what he'd done to Brad. It's common knowledge that Johnstone's gay so I figured Hatcher was also. If the child was taken away from them because of abuse, I thought it would make Johnstone less credible as a witness against Brad." The judge stood up. "Don't say another word. I want to see both Ms. De Mascorro and Ms. Quarles in my chambers RIGHT NOW. Ms. Anderson, you will stay in that witness chair and not move until we get back!" He stalked out of the courtroom followed by the two lawyers. Andy and I weren't allowed in the judge's chambers but Sharon told us afterwards that he read the riot act to the social services lawyer. Sharon couldn't tell us what the judge said, but she did say, with a very evil looking grin, that Jennifer Quarles would not soon forget the meeting. The meeting in the judge's chambers only lasted about ten minutes before the door opened, and the judge followed by the two lawyers returned to the courtroom. Once the judge was seated he focused his attention on Andy sitting at the table with Sharon. "Mr. Hatcher, you have my sincere apologies for the difficulties you have undergone in this matter. I am directing that your case be cleared by the Department of Social Services with an explanatory note in the file that the charges were shown to be false and were the result of personal malice by Ms. Margaret Anderson. Your child will be returned to your permanent custody immediately. " He turned to Margaret Anderson who was softly crying on the witness stand. "Ms. Anderson, you will be taken into custody by the bailiff to be charged with at least one count of perjury. You may stand down, Ms. Anderson. I don't know what the Department of Social Services will do regarding your continued employment. That's their business, but I can promise that I will never allow you to enter my courtroom again in the capacity of a professional social worker." He then turned to Jennifer Quarles. "Ms. Quarles, I assume you will report this matter to the Director of the Department of Social Services." "Yes, Your Honor. I will." "When you do tell him that I expect his department to reimburse Mr. Hatcher for any legal or medical expenses he has incurred as a result of this malicious charge. Do I make myself clear?" "Very clear, Your Honor." "Good. This case is dismissed and court is adjourned until two this afternoon. I hope all of you have a good lunch. I think I'm going to need several antacid tablets before I can eat mine." He brought his gavel down so hard on the bench I thought it might break. It was over! We had Greg back! (To be continued)