“One moment please, Your Honor.” Morgan turned to Michael, who appeared unsettled. They held another whispered conference. Morgan turned back to the judge. “That won’t be necessary at this time, though we do reserve the right to take Ms. Webster’s deposition at a later date and cross-examine her in future hearings.”
“Of course.” The judge looked at Scott. “Anything further, Counsel?”
“Yes, Your Honor.” Scott turned over a sheet of paper on the lectern. “Deke Willard isn’t the only relative of Michael Willard who is in prison for serious crimes. So is his brother, David, and three of Michael Willard’s nephews are awaiting trial. They were all involved in a smuggling ring. Michael Willard hasn’t been arrested—yet. But he appears to sit at the center of a criminal conspiracy. It clearly wouldn’t be in Simon’s best interests to—”
“Objection!” Morgan was on her feet, and Michael glared at Scott’s back so hard that he seemed to be trying to drill holes in the lawyer’s skin. “There’s no foundation for any of that.”
Judge O’Keefe shrugged. “I can take judicial notice of other proceedings pending in the circuit court. The rest of Mr. Foster’s comments are argument. I wouldn’t allow them in front of a jury.” He pointed at the empty jury box. “But we don’t have one. Overruled.”
Scott handed documents to Morgan and the clerk, who passed them up to the judge. “This is the affidavit of Oliver Hampton, a licensed private investigator who interviewed a number of witnesses stating that Michael Willard abused several relatives who—”
Michael jumped from his seat. “That’s a lie!”
The bailiff stepped away from the bench and pulled his Taser from its holster. Judge O’Keefe grabbed his gavel and slammed it down. “Take your seat! Another outburst and you’ll be expelled from the courtroom and arrested for contempt of court. Is that clear?”
Michael eyed the bailiff, then nodded and sat slowly, his eyes still full of fire.
The judge nodded to Scott. “Proceed, Counsel.”
Scott somehow appeared unruffled. “Thank you, Your Honor. As I was saying, the affidavit makes clear that Mr. Willard engaged in repeated acts of discipline that crossed the line into abuse. He would be a danger to Simon.”
Morgan stood. “Objection. This affidavit is hearsay and presented without proper notice. I’m seeing it for the first time.”
The judge nodded. “I’m going to exclude this for the same reason I excluded the Andersen affidavit.” He shot a dark glance at Michael. “But Mr. Willard’s behavior today does indicate that he has difficulty controlling his temper.”
Michael sat in stone-faced silence.
Scott picked up his papers. “Thank you, Your Honor. That concludes my argument.”
Judge O’Keefe turned to Morgan. “Any rebuttal, Counsel?”
“Thank you, Your Honor.” Morgan rose. “Just that I’m confident Your Honor will base your decision on the best interests of the child, which seem clear here. The alleged danger to Simon if he lives with Mr. Willard is that he might get too severe of a spanking. The admitted danger if he stays with the Websters is that he’ll be killed.”
The judge nodded as Morgan resumed her seat. “Succinctly put. To be honest, I’m not thrilled with either alternative.” He glanced from Michael to the Websters and back again, then sighed. “I’m going to grant the motion in part. Simon Legare will be delivered to Michael Willard within twenty-four hours.” The judge’s words were a dagger in Hez’s gut. He felt Savannah stiffen beside him like she’d been struck. “Mr. Willard will have custody Monday through Friday hereafter until there’s a final custody determination. Savannah Webster will have custody on the weekends. Hezekiah Webster is to have no contact with the child for two reasons. First, Alabama does not permit an unmarried couple to adopt, and it would be inappropriate to give temporary custody of a child to a couple who can’t adopt him. Second, Mr. Webster’s presence appears to increase the danger to the child. For whatever reason, all the child endangerment incidents have occurred when he was with Simon. He was the only one present when the Websters’ daughter drowned, for example. The intruder who pulled a gun on Simon was in Mr. Webster’s condo. And so on. Finally, when he is in Ms. Webster’s custody, Simon is not to be allowed within one hundred yards of any body of water deep enough to be over his head.”
The judge and the lawyers moved on to discuss setting a final custody hearing, appointing a guardian ad litem, and other matters. Hez couldn’t focus on what they were saying. He was too stunned. Was the judge right that his presence put Simon in danger? Would he ever see his nephew again?
The scent of flowers in the warm May breeze did nothing to calm Savannah’s agitation as she and Simon walked the dogs along the field fronting the swamp. There was only one road along the meadow, and it usually had no traffic. She’d hoped the serenity would ground her, but her insides vibrated with outrage.
It was Sunday afternoon and they should be at their new home. She should be working on the new kitchen with Hez while Simon explored the house grounds. But her nephew would never be allowed to live there. The judge’s order specifically said he couldn’t be within one hundred yards of water. Their home was closer than that to Mobile Bay, so where did that leave them? Would they have to stay in a hotel on the weekends or with friends? It was all so unfair.
Simon chattered excitedly about getting to be with his grandfather. “And my cousins are going to teach me how to shoot a gun and drive an ATV.”
Savannah stopped short to face him, and Marley plowed into her leg. “Simon, those are not safe activities. Do you know how many kids are injured and killed on ATVs every year? I want you to be safe.”
He rolled his eyes as only a kid could do. “I can’t wait tobe a part of my family. Being with my cousins is almost like having brothers and sisters. And Pawpaw is great! You just don’t want me to have any fun.”
There was no comeback she could make to that. No matter what she said, she only succeeded in pushing him further away. Were she and Hez being selfish by trying to keep custody of him when he so desperately wanted to be with his grandfather? The Willards were his family too, and Jess had loved them and spent time with them. But in spite of that, she hadn’t appointed any of the Willards as Simon’s guardian. There had to be a reason for Jess’s decision. Savannah believed her sister had known the dark depths in that family and had wanted to protect her son from them.
And Savannah had failed.
Cody squirreled around Simon’s legs, and the boy knelt to pet him. “I’m going to miss my dog, though. Pawpaw doesn’t want his big dogs to hurt him.”
“Marley is big and he’s good with Cody. Are Michael’s dogs mean?”
“Well, they’re guard dogs, I guess. They aren’t very friendly.”
Not only did she have to worry about guns and ATVs, but she had to fear a mauling. The judge had made the wrong decision, and there was nothing they could do about it.
