Judge O’Keefe came through the door, looking like a black-draped cube. Once he was seated and the case called, he swept his gaze over the room. “Good morning, everyone. We have dueling adoption petitions today rather than a single petition, which makes things a little more complicated. To keep the proceedings as simple as possible, I’ll consider the petitions simultaneously and take all evidence for both petitions in one hearing. So, for example, witnesses will only testify once and their testimony will go to both petitions. Do both sides agree?”
Scott rose. “Petitioners Savannah and Hezekiah Webster agree, Your Honor.”
Michael’s attorney, Agatha Morgan, stood. “Counterpetitioner Michael Willard also agrees, Your Honor.”
“All right,” the judge said as the lawyers resumed their seats. “Let’s get started.” He patted a tall stack of paper on the bench. “I have before me objections to various prehearing evidentiary submissions. I’ve gone through all of them. If we had a jury, I’d rule on each objection individually and carefully filter out anything that might be inadmissible. But since I’m the only fact finder here, I’m going to take a more relaxed approach and let in everything—with one exception. Petitioners’ objection to the pictures of Mr. Webster is sustained.”
Morgan stood. “If I might be heard briefly, Your Honor. We have the photographer here in court. We also have an expert in manipulated imagery. They are prepared to testify that—”
The judge held up his hand. “I don’t care whether the pictures are real. I’m excluding them because they’re scandalous and only marginally relevant to the best interests of the child. If you want the technical legal standard, the prejudicial impact of those pictures outweighs their probative value.” Morgan opened her mouth to argue further, but Judge O’Keefe kept going. “A lot of dirt gets thrown around in these proceedings—but I keep it to a minimum in this courtroom. Some dirt is regrettably necessary. This is not. Objection sustained.”
Morgan closed her mouth and resumed her seat.
Savannah squeezed Hez’s hand, her green eyes bright with hope. Hez squeezed back and gave a little smile and nod. Their surprise victory on the pictures was a nice way to start thehearing, but it sent a little ripple of worry through Hez. The judge easily could have ruled the other way—and probably should have. Prejudicial impact really only mattered when a jury was present. Maybe the judge excluded the pictures as a matter of principle—but he could also be preparing to rule against the Websters. If he denied their adoption petition, Hez and Savannah wouldn’t later be able to argue that he relied on improper evidence.
Judge O’Keefe turned to Scott. “Your clients filed their petition first, so you can put on your case first. Call your first witness.”
Scott stood and moved to the lectern. “We call Savannah Webster.”
She rose from her seat and walked up to the witness stand. The bailiff swore her in, and she perched on the chair in the witness box. Scott walked her through the testimony they’d practiced, and she did a great job. She talked about how happy Simon was with her and Hez, the opportunities their connections to TGU would offer the boy, and even the room they were preparing for him in their new home. She ended with Jess’s dying insistence that Savannah care for Simon. Her voice was halting and soft, but the entire courtroom was utterly silent as she spoke. Morgan didn’t even bother cross-examining Savannah.
Scott then called the guardian ad litem, Janet Henderson. She admitted being friends with Helen Willard, but she said that the relationship didn’t affect her report or recommendation. Scott did his best to undermine her judgment, but she was an experienced witness. Also, the judge had appointed Henderson, so Scott had to use kid gloves to avoid offendinghim. When Morgan stepped up to the lectern, she only asked whether Henderson stood by her recommendation. Henderson said yes, and Morgan sat down.
Hez’s turn came next. He spent a lot less time on the stand than he’d expected. His main goal had been to discredit the Martine pictures, leaving him little to do on direct examination except echo Savannah’s testimony about Simon.
Morgan’s cross-examination of Hez held a few fireworks. She set her notes on the lectern and went straight for the jugular. “Mr. Webster, your daughter drowned while in your care, correct?”
Hez speared Michael with a glare. He sat perfectly still and held Hez’s gaze. “My daughter was murdered.”
Morgan’s thin eyebrows went up. “Oh. The police report at the time indicated an accidental death while the child was in your care, correct?”
“Yes, but that was before Michael Willard’s nephew Deke confessed.” Hez spared a glance at Michael. A murderous glint sparked in his eyes.
Morgan’s mouth hung open for a second. “Objection, hearsay. Move to strike.”
Scott rose. “It’s an admission against interest and therefore exempt from the hearsay rule.”
Judge O’Keefe nodded. “It is indeed. Objection overruled and motion denied.”
Morgan turned to Michael, who gave a slight shrug. She studied her notes for a long moment. “Is this Deke in prison?”
“Yes. He was just sentenced to life in prison for other crimes, including another murder,” Hez said.
“So he’s not a threat to Simon, right?”
“Not anymore, though several of the crimes he was already convicted of involved attacks on Simon.” Hez looked at Michael again. “And Deke didn’t act alone.”
Morgan glanced at her notes. “Simon also almost drowned in your care, correct?”
Hez grimaced. “Correct.”
She turned over a page. “You founded a legal clinic called the Justice Chamber, correct?”
“Yes.”
“Does the Justice Chamber sometimes take on cases against dangerous opponents?”
“Yes.”
