Bogus Report

Chapter Six
Scene [7]

Bogus Report

Juvenile Court, Lawrence, MA
1998/12/09 09:00-09:25 Wednesday [Ferne and Don]
Before the proceedings began, Ferne and I sat in the back of the courtroom with our attorneys, and talked to Maura about schedules for visits to Renee. Tuesday and Thursday evenings at 18:00 were agreed upon. MI has granted Ferne unrestricted access, so we planned to drop by that night.

The court clerk came in and all the attorneys gathered at the front of the room to discuss motions and time slots.
After the day's case schedule was fixed, the bailiff came over and asked us to leave the courtroom until our case was called.

What? We’re not first?

It dawned upon me that our case wasn’t the biggest thing before this court. You get so caught up in your own case... cases... you forget there are dozens of other people with equally traumatic problems here, too. I was embarrassed.

Rather than go out to the hall where we might be a target of the press, we holed up in the anteroom next to the outer doors.


At 11:00, we were called back onto the courtroom and Kimee’s case reconvened. There were barely enough seats around the two tables in the front of the room to accommodate all the Legals. Our attorneys, Ed and Michelle, had to share a table with Kimee’s Juvenile Court Guardian Ad Litum, Alan Levine. There were four other attorneys over at the second table representing DSS and Lawrence General.

Maura, some DSS case workers, Ferne and I had seats in the gallery behind the rail. The rest of the room was empty, no press allowed... though Michelle confirmed they were lurking outside.

The first order of business was to separate the custody and guardianship hearings. Since both courts, Juvenile and Probate, are waiting for the DNA results, there was an overlap of which court will own the findings.

To speed up the process, Michelle proposed a more traditional saliva test to eliminate me from Kimee’s paternal identity determination.

DSS protested that their tests results were eminent and far more precise.

The judge ruled against us... we will have to wait.

The judge asked the court investigator, who had interviewed us on November 9th, if her report on the family was ready.

Miss Brown, gave the bailiff three copies of her report and said, “This is my preliminary report. I’m still waiting for the DNA results.”

The judge seemed concerned about the preliminary nature of the report and had her confirm that the one she was distributing was not final.

“Yes, your honor, it is not final.”

Michelle interjected, “Since this isn’t final, your honor, maybe it shouldn’t be entered into the record yet. We would like to read it, though... just the counsel.”

The judge agreed, and then provided the two tables with a copy and kept one for himself. He allowed ten minutes to review the document.

Michelle took copious notes on a yellow pad while the three at her table read the ten page report. They whispered back and forth on several pages.

After the report was read, Ed stood and said to the judge, “There are several statements here that are rather disturbing. I’d like to challenge them.”

The judge, having read it carefully himself, said, “I will not let this report enter the record in this preliminary form.” To the investigator, “Have this report in final form at our next meeting.” Then back to Ed, “You may cross at that time.”

The bailiff retrieved all copies of the report and returned them to the investigator. Michelle put her yellow pad back into her briefcase.

The next hearing date was set, our case was adjourned and the judge departed to his chambers.

As we were filing out of the courtroom, Michelle asked Maura, “Where did you come up with those assertions?”

Maura said, “I have not read the report, remember, you objected. I don’t know what ‘assertions’ you are referring to. I can’t answer any questions about it until I’ve read it.”

Our team pulled Ferne and me back into the anteroom to confer with us and let the others leave first.

I asked, “What the Hell was in that report?”

Michelle scanned her notes and said, “The investigator said Maura was very critical about your relationship with Kimee’s mother, Renee.”

She sure didn’t seem critical during the interview.

Ed said, “She inferred that Renee was a classic example of a sexually abused child.”

“What?” Where did that come from?

Ed continued, “Rather inflammatory statements. I had to object to the report.”

Michelle said, “She gave no attributions for many of the statements. But, it’s starting to smell a lot like Maura.”

I asked, “Isn’t that hearsay? Can she get away with that?”

Michelle said, “An investigator can investigate cases just about any way they want. They can use hearsay to direct their inquiries, but they are susceptible to cross-examination and will have to substantiate their conclusions in court. If it hadn’t been withheld, Ed was about to tear her apart.”

I said, “If she was told this by Maura—”

Ed interjected, “Who has no medical or psychological credentials whatsoever we know of.”

“—then why didn't the investigator go to the source for clarification or at least confirmation?”

Michelle said, “That’s it exactly. Levine said the structure of the report was the sloppiest he has ever seen.”

Before leaving the anteroom, Michelle's and Ed's recommendation was to, “Watch out for Maura. She has some other agenda than Renee's welfare!”

Shit! And we have to get her permission just to visit Renee.


After court, Ferne and I drove to Boston to visit Kimee. The new attending doctor, Cindy Cole, told us that Kimee's brain has significant lesions and loss of tissue probably due to the long time she didn't have a heartbeat or breath following delivery.

The prognosis is not good for normal development. She will grow, (right now she is 5 lb 5 1/2 oz.), but not in the same way as normal babies do.

They will have a nose and throat specialist evaluate her airway problems and recommend a long-term solution, i.e. a trachea, just like her mommy. They will have a surgical team evaluate the options for a permanent feeding tube, just like her mommy, too.

While we were there, her current feeding tube got plugged again. She needed to go to fluoroscopy to replace it, so we left at 16:10 when they came to collect her.

We stopped by MI on the way home. Ferne went up to visit ‘Bridget’ while I sat in the lobby writing up today's notes.

I was so upset with Maura that I ranted on for a page and a half about how evil she was. I shouted on the page some blistering, uncomplimentary observations of her gender... with brains of a turnip.... It made me feel good.
Then, remembering our lost logbook #3, you dumb-ass. Don’t you know, logbooks can be lost, found and/or subpoenaed. Don’t write something you’d be sorry for. I separated the leaf from the Steno Pad and wadded it up. Don’t need to leave a record like that. I almost threw it away... no, no, not here. Take it home and burn it.


MI
1998/12/10 16:45 Thursday [Don]
The next evening I went to MI for a chaperoned visit with Renee via Maura. I had recovered from my rant, but Maura arrived 15 minutes late and we waited another 5 for Mary Ann Remillard to arrive. I was getting annoyed.

We signed in and went up to ‘Bridget’s’ room where Renee was slumped down and contorted. The staff had obviously not been there for a while. Damn it, can’t anybody be on time... or tend to Renee when they should?

Her bed was almost flat, so I cranked the handle to winch the head end up. “Didn’t they read the doctor’s instructions? ‘Head raised 30 degrees.’”

I gave Renee PT on her feet, toes, legs, and OT on her arms, hands, wrists, and fingers. I talked to Nell, Renee’s roommate, while I was working. Nell asked me to adjust her bed, too.

Renee's moisture hose was too long on the tank side, but too short on the mask side. Water collects in the hose if you don't drain it every 30 min. This place isn’t any different than Town Manor. Why don’t they pay attention to what they’re doing?

Maura and Mary Ann talked and read Renee's charts next to the bathroom. The TV was off but the radio was on some junk rap station. I changed it to classical.

When Renee got sleepy, Maura wanted to go, so we left at 19:30.

Logbook entry: "Maura wanted to apologize for whatever was in the investigator's report yesterday... however, she still has not been able to read it... so why does she want to apologize?"

I think the investigator was way out of line to include "hearsay" reports from anyone. She should have gone back to the original sources for direct quotes!


New England Medical Center, Boston, MA
1998/12/11 19:45-21:00 Friday [Ferne and Don]
The next day, before visiting Kimee at NEMC, we met with Mary McGee, Guardian/Investigator for the Probate court. She asked the same questions as the others; we gave the same answers.

However, she noticed me making a few notes, and she became very interested in our logbooks as they would show the frequency of visits over the years. She asked us to share them with her or Michelle for review.

Thank God I ditched that last entry.

Kimee’s doctor talked to us about the throat specialist’s examination of Kimee. She has paralyzed vocal cords that tend to close when she breathes. She will need a trachea device for an extended time... The feeding tube will continue to get plugged from secretions the way it is now, so they should put one directly into her stomach and tie a knot (Fundoplication) in her esophagus to prevent reflux into her airway.

But, all this may have to wait until after Christmas. Unless the guardianship thing is settled first.

Damn Legals interfering again.

Dr. Volk, the throat specialist, has worked on children with neurological problems and may be able to meet with us to discuss Kimee's future treatment.


While at school, the next day, I photocopied logbooks 1 and 2. I didn’t want to lose them like we did number 3. I could now send the originals to Michelle.

I called Michelle at home about the logbooks. She gave me her firm's address to FedEx them to. I didn't want to send #4, my current one, because it has notes with our counsel in it.

I told Michelle, “Maura tried to apologize for the report on our Thursday visit. But, she complained she hasn’t read it. I wish I could have read it.”

Michelle said, “No you don’t. It wasn’t something any parent should read. It was tough enough for us, trying to remain detached.”

She told me more about the rules covering the investigator's report and its possible consequences in the judge’s decision.

“If they try to put any part of that report into the record... I can’t wait to cross the investigator and Maura.”

Her comment wasn’t just a professional tactic, I could hear the daggers in her voice.

Pages: 10
Words: 1,889