“Nor do I,” I say.
“Mr. Jackson,” the judge warns, “I will not tolerate games.”
“No games, Your Honor, I assure you. I received said document on Friday evening, when my clients arrived in Chicago to see their grandson.” Scarcely containing a grin, he brandishes three copies and distributes them. “As you can see, the legal document bears Ms. Franklin’s signature on the back page, assigning her parents as guardians.”
“This is outrageous, Your Honor,” Calista objects. “Why would a woman assign her parents guardianship and then disappear with her son?”
“Good question, Ms. Sanchez,” Jackson says in a patronizing tone and then turns back to the judge. “Your Honor, on the day that the papers were to be notarized, Ms. Franklin asked her parents for $100,000 in exchange for custody. The amount wasn’t a deterrent; they could well afford it,” he brags. “However, my clients were unwilling to abet their daughter’s drug habit. They offered her food, shelter, clothing, and rehabilitation but refused to give her money. In retaliation, Ms. Franklin took Dwayde and disappeared.”
Jackson was making his clients out to be the perfect parents and Joyce Franklin the conniving druggie who snatched away their grandson out of spite, anger, and greed. It’s possible. But the facts as stated don’t quite mesh.
“Your Honor,” Calista argues, “assuming the document was actually signed by Joyce Franklin, the wishes of an addict and failed extortionist are hardly credible.”
“Ms. Franklin had custody of Dwayde at the time,” Jackson defends. “She had every right to assign guardianship to her parents.”
“It speaks to her state of mind, Mr. Jackson,” Calista counters. “And clearly she’s not reliable.”
“All right,” the judge says cutting them off. “Enough. I will expect the proper due diligence on this document before I rule on its admissibility. Anything else, Mr. Jackson?”
“Yes, Your Honor. Relevant to the case is the contrast in income levels between the Torreses and the Franklins. The detective and his wife, a kindergarten teacher, have a combined income of $159,000. Mr. and Mrs. Franklin’s worth is in the millions. They own a horse breeding business and horse training school, which has been in the family for generations, a business to which Dwayde Franklin is an heir.
My esteemed clients can provide opportunities for their grandson well beyond anything the Torreses could even dream of,” Jackson continues. “I will demonstrate that Dwayde Franklin’s interests are best served by my clients having full custody of their only grandchild.”
“Your Honor,” Calista says, but the judge shakes her head. “This is not a trial, Ms. Sanchez, so save your rebuttals. Ms. Chase, would you care to add anything on Dwayde Franklin’s behalf at this time?”
“Yes, thank you, Your Honor, I would.” I remove a picture of Dwayde from my file and hold it up. It’s a school picture that shows his dimpled grin. He looks well nourished, well groomed, and well loved. As the judge hears my evidence, I want her to see Dwayde, not a case number.
“This is Dwayde,” I say and watch the judge’s eyes shift to the photo. “He is not a typical twelve-year-old, owing to a life on the streets even most adults wouldn’t have survived. Dwayde is a bright, strong willed boy who knows his mind. His expressed wishes are for his foster parents to retain full custody of him. He has a stable, happy life here in Chicago. Reports from Social Services, Dwayde’s psychologist, and his teachers will show this.
“Detective and Mrs. Torres have provided Dwayde with a loving and secure home for three years. He is surrounded by an extended family of grandparents, aunts, and cousins, and shares a close familial relationship with a wealthy family friend, who is like an uncle to him. With this abundance of care, Dwayde has never lacked for anything, emotionally or materially. Through his relationship with this uncle, Dwayde has been provided with a private school education and has been set up with a sizable trust fund for college and his future. Naturally, money is not the most important thing to a child’s well-being; however, because Mr. Franklin raised it as a differentiator, I was obligated to demonstrate that it is not.”
“Your Honor,” Jackson interrupts. “Ms. Chase is referencing former NBA star Micah Peters as theuncle.But what my learned colleague has failed to mention is that Mr. Peters recently punched a reporter in the face while in Dwayde Franklin’s presence and made the news. His violent behavior hardly qualifies him as a role model, no matter how wealthy he may be.”
I use the findings from Lena’s research to counter Jackson’s attack on Mick. “Your Honor, Mr. Peters used the means necessary to protect the children in his care from an aggressive tabloid reporter who had already knocked down one of the boys to get to Mr. Peters. For this reason, Mr. Peters was not charged with any crime.”
“The only reason Micah Peters wasn’t charged was due to Detective Torres pulling strings to save his friend.”
“Your Honor, Mr. Jackson is making unfounded accusations,” I object. “There is no evidence that Mr. Peters was going to be arrested or that Detective Torres intervened in any way. Mick…Micah Peters does not have a track record of violent behavior. He is a loyal and devoted uncle to Dwayde and volunteers as his basketball coach. He is also the founder of Papa’s Kids, a charity organization that supports homeless youth. Mr. Jackson has no basis for calling his character into question.”
“I believecharacterandsports starare what’s known as an oxymoron, Ms. Chase.”
“Mr. Jackson!” the judge admonishes, beating me to another objection. “I am not familiar with Mr. Peters other than to know he is a sports icon in this city. So unless you have evidence to show that his behavior is a detriment to Dwayde Franklin, I would suggest you keep your opinions to yourself.”
“Yes, Your Honor.” Jackson replies, but he shoots me a threatening glare.
“Ms. Chase, please wrap this up.”
“Yes, Your Honor. In summary, I intend to convince the court that Dwayde Franklin would be irreparably harmed if he was uprooted from his foster family, his friends, and everything familiar to him and moved hundreds of miles away. I respect the court’s opinion that biological relatives are generally favored; however, I will citeCrosswell vs. SimpsonandGore vs. Leitmanas precedents. In both cases, permanent custody was given to the foster families in the best interests of the child. The Torreses may not be Dwayde’s birth relatives, but they have given him, and continue to give him, the love, security, and guidance a young boy requires.”
When I finish, the judge consults her calendar. “I want this matter resolved quickly. Will you be ready to present your cases in five weeks?”
“Yes, Your Honor,” we agree in unison.
“November 24,” she confirms.
Out in the hall, Jackson looks down his condescending nose at us. “It’s been a slice, ladies. I’ll be in touch.”
“Jackass,” Calista remarks under her breath as he strolls away. “Can you believe that stunt he pulled with the document?”
