Friday, August 14, 2015

Misorder and Law

To say I was shocked about the trial and the subsequent outcome was saying it mildly. The day started as any other but the facts of the case, the age and gender of the child should have been enough for any judge to make a ruling immediately. The CPS worker thought it'd take a while for the judge to rule. It didn't she ruled from the bench. Course that doesn't mean that he can't contest, he still can appeal the decision... but no one in their right mind would grant him more time. Beside the outrageous claims that were made against him for the other case pending the interaction between him and his lawyer overheard before the trial was comical to say the least.


Lawyer " Do you want to go ahead with the trial?"
BD " Yes."
Lawyer " Ok so I will ask you some questions about your daughter, about you, and about how you have been working your case."
BD " Questions like what?"
Lawyer " Simple things like her birthdate, her medical conditions, about the allegations in the other case."
BD " I don't know any of the answers to that."
Lawyer " Do you still want to go ahead with the trial?"
BD "Yeah, I said I did."


I think I saw the lawyer shaking his head as he was walking back into the court room. Later during an unexpected recess the CPS worker told me she would be the only one testifying today.

During cross exam of the CPS worker BD lawyer asked 4 questions:
Lawyer " Why do you not think that he has a relationship or a bond with his daughter. Have you seen him with her?"
CPS "No Because he hasn't seen her in 7 months, because she hasn't spent any significant time with him, and because he could not even recogize her in a picture that foster parent showed. His first response when she showed him the picture was to deny that it was his child. There were no other children in the picture."
Lawyer " And you think that the child is bonded with the foster parents?"
CPS " Yes I do. They have been caring for her for over 7 months. She sees them daily. They meet all of her needs. When a stranger approaches her she looks to them prior to engaging with other to make sure its ok. She is comforted by them"
Lawyer " You said my client lives in a shelter. Don't they allow children there?"
CPS " I do not know."
Lawyer " Defense rests"


At which time the AG redirected the CPS worker.

AG " Do you think a child that is medically fragile is best served living in a mens homeless shelter?"
CPS " No I do not."

Another comical moment came during the cross examination of the CPS worker from BM attorney...

Lawyer" Do you know where my client is?"
CPS " No I do not."
Lawyer "When was the last attempt to find her?"
CPS " Last we had contact with her was January. I am not sure of the last date exactly of the parent location report was done, but usually a few months."
Lawyer " Mother side rests"

At the end the father asked for more time... time for what?

4 comments:

  1. Is the father mentally stable? He seems to not understand all that goes into being a father.. it's not a simple "Yes, I want my kid." Just shocking.

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  2. Very glad judge ruled from the bench. 15 days and counting until appeal time is over. Hopefully case can move quickly from here!

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  3. Very glad judge ruled from the bench. 15 days and counting until appeal time is over. Hopefully case can move quickly from here!

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