Sea Swept
Page 61
Six months before, Anna had worked hard and long to get her and her children into a shelter. The woman had stayed less than thirty-six hours before changing her mind. Though Anna's heart ached for her, it had come down to the welfare of the children.
Their pinched faces, the bruises, the fear—and worse, the dull acceptance in their eyes—tormented her. They were in foster care with a couple who was generous enough and strong enough to take all of them. And seeing those foster parents flanking the three damaged boys, she vowed she would do everything in her power to keep them there.
"Counseling was recommended in January of last year when this case first came to my attention," Anna stated from the witness stand. "Both family and individual. The recommendation was not taken. Nor was it taken in May of that same year when Mrs. Higgins was hospitalized with a dislocated jaw and other injuries, or in September when Michael Higgins, the eldest boy, suffered a broken hand. In November of that year Mrs. Higgins and her two oldest sons were all treated in ER for various injuries. I was notified and assisted Mrs. Higgins and her children in securing a place in a women's shelter. She did not remain there two full days."
"You've been caseworker of record on this matter for more than a year." The lawyer stood in front of her, knowing from experience it wasn't necessary to guide her testimony.
"Yes, more than a year." And she felt the failure keenly.
"What is the current status?"
"On February sixth of this year, a police unit responding to the call from a neighbor found Mr. Higgins under the influence of alcohol. Mrs. Higgins was reported as hysterical and required medical treatment for facial bruises and lacerations. Curtis, the youngest child, had a broken arm. Mr. Higgins was taken into custody. At that time, as I was the caseworker of record, I was notified."
"Did you see Mrs. Higgins and the children on that day?'' the lawyer asked her.
"Yes. I drove to the hospital. I spoke with Mrs. Higgins. She claimed that Curtis had fallen down the stairs. Due to the nature of his injuries, and the history of the case, I didn't believe her. The attending physician in ER shared my opinion. The children were taken into foster care, where they have remained since that date."
She continued to answer questions about the status of the case file and the children themselves. Once, she drew a smile out of the middle boy when she spoke of the T-ball team he'd been able to join. Then Anna prepared herself for the irritation and tedium of cross-examination.
"Are you aware that Mr. Higgins has voluntarily entered an alcohol rehabilitation program?" Anna spared one glance at the Higginses' pro bono lawyer, then looked directly into the father's eyes.
"I'm aware that over the past year, Mr. Higgins has claimed to have entered a rehabilitation program no less than three times."
She saw the hate and fury darken his face.Let him hate me , she thought. She'd be damned if he would lay hands on those children again. "I'm aware that he's never completed a program."
"Alcoholism is a disease, Ms. Spinelli. Mr. Higgins is now seeking treatment for his illness. You would agree that Mrs. Higgins has been a victim of her husband's illness?"
"I would agree that she has suffered both physically and emotionally at his hands."
"And can you possibly believe that she should suffer further, lose her children and they her? Can you possibly believe that the court should take these three little boys away from their mother?" The choice, Anna thought, was hers. The man who beat her and terrorized their children, or the health and safety of those children. "I believe she will suffer further, until she makes the decision to change her circumstances. And it's my professional opinion that Mrs. Higgins is incapable of caring for herself, much less her children, at this time."
"Both Mr. and Mrs. Higgins now have steady employment," the lawyer continued. "Mrs. Higgins has stated, under oath, that she and her husband are reconciled and continuing to work on their marital difficulties. Separating the family will, as she stated, only cause emotional pain for all involved."
"I know she believes that." Her steady look at Mrs. Higgins was compassionate, but her voice was firm.
"I believe that there are three children whose welfare and safety are at stake. I'm aware of the medical reports, the psychiatric reports, the police reports. In the past fifteen months, these three children have been treated in the emergency room a combined total of eleven times."
She looked at the lawyer now, wondering how he could stand in a court of law and fight for what was surely the destruction of three young boys. "I'm aware that a four-year-old boy's arm was snapped like a twig. I strongly recommend that these children remain in licensed and supervised foster care to ensure their physical and emotional safety."
"No charges have been filed against Mr. Higgins."
"No, no charges have been filed." Anna shifted her gaze to the mother, let it rest on that tired face.
"That's just another crime," she murmured.
When she was finished, Anna passed by the Higginses without a glance. But behind the rail, little Curtis reached out for her hand. "Do you have a lollipop?" he whispered, making her smile. She made a habit of carrying them for him. He had a weakness for cherry Tootsie Roll Pops. "Maybe I do. Let's see."
She was reaching into her purse when the explosion came from behind her. "Get your hands off what's mine, you bitch."
As she started to turn, Higgins hit her full force, knocking her sprawling and sending Curtis to the floor with her in a heap of screams and wails. Her head rang like church bells and stars dazzled her eyes. She could hear screams and curses as she managed to push herself up to her hands and knees. Her cheek ached fiercely where it had connected with the seat of a wooden chair. Her palms sang from skidding on the tile floor. And damn it, the new hose she had bought to replace the ones she'd run were torn at the knees.
"hold still." marilouordered. She was crouched in Anna's office, grimly doctoring the scrapes.
"I'm all right." Indeed, the injuries were minor. "It was worth it. That little demonstration in open court ensures that he won't get near those kids for quite a while."
"You worry me, Anna." Marilou looked up with those dark, gleaming eyes. "I'd almost think you enjoyed being tackled by that two-hundred-pound putz."
Their pinched faces, the bruises, the fear—and worse, the dull acceptance in their eyes—tormented her. They were in foster care with a couple who was generous enough and strong enough to take all of them. And seeing those foster parents flanking the three damaged boys, she vowed she would do everything in her power to keep them there.
"Counseling was recommended in January of last year when this case first came to my attention," Anna stated from the witness stand. "Both family and individual. The recommendation was not taken. Nor was it taken in May of that same year when Mrs. Higgins was hospitalized with a dislocated jaw and other injuries, or in September when Michael Higgins, the eldest boy, suffered a broken hand. In November of that year Mrs. Higgins and her two oldest sons were all treated in ER for various injuries. I was notified and assisted Mrs. Higgins and her children in securing a place in a women's shelter. She did not remain there two full days."
"You've been caseworker of record on this matter for more than a year." The lawyer stood in front of her, knowing from experience it wasn't necessary to guide her testimony.
"Yes, more than a year." And she felt the failure keenly.
"What is the current status?"
"On February sixth of this year, a police unit responding to the call from a neighbor found Mr. Higgins under the influence of alcohol. Mrs. Higgins was reported as hysterical and required medical treatment for facial bruises and lacerations. Curtis, the youngest child, had a broken arm. Mr. Higgins was taken into custody. At that time, as I was the caseworker of record, I was notified."
"Did you see Mrs. Higgins and the children on that day?'' the lawyer asked her.
"Yes. I drove to the hospital. I spoke with Mrs. Higgins. She claimed that Curtis had fallen down the stairs. Due to the nature of his injuries, and the history of the case, I didn't believe her. The attending physician in ER shared my opinion. The children were taken into foster care, where they have remained since that date."
She continued to answer questions about the status of the case file and the children themselves. Once, she drew a smile out of the middle boy when she spoke of the T-ball team he'd been able to join. Then Anna prepared herself for the irritation and tedium of cross-examination.
"Are you aware that Mr. Higgins has voluntarily entered an alcohol rehabilitation program?" Anna spared one glance at the Higginses' pro bono lawyer, then looked directly into the father's eyes.
"I'm aware that over the past year, Mr. Higgins has claimed to have entered a rehabilitation program no less than three times."
She saw the hate and fury darken his face.Let him hate me , she thought. She'd be damned if he would lay hands on those children again. "I'm aware that he's never completed a program."
"Alcoholism is a disease, Ms. Spinelli. Mr. Higgins is now seeking treatment for his illness. You would agree that Mrs. Higgins has been a victim of her husband's illness?"
"I would agree that she has suffered both physically and emotionally at his hands."
"And can you possibly believe that she should suffer further, lose her children and they her? Can you possibly believe that the court should take these three little boys away from their mother?" The choice, Anna thought, was hers. The man who beat her and terrorized their children, or the health and safety of those children. "I believe she will suffer further, until she makes the decision to change her circumstances. And it's my professional opinion that Mrs. Higgins is incapable of caring for herself, much less her children, at this time."
"Both Mr. and Mrs. Higgins now have steady employment," the lawyer continued. "Mrs. Higgins has stated, under oath, that she and her husband are reconciled and continuing to work on their marital difficulties. Separating the family will, as she stated, only cause emotional pain for all involved."
"I know she believes that." Her steady look at Mrs. Higgins was compassionate, but her voice was firm.
"I believe that there are three children whose welfare and safety are at stake. I'm aware of the medical reports, the psychiatric reports, the police reports. In the past fifteen months, these three children have been treated in the emergency room a combined total of eleven times."
She looked at the lawyer now, wondering how he could stand in a court of law and fight for what was surely the destruction of three young boys. "I'm aware that a four-year-old boy's arm was snapped like a twig. I strongly recommend that these children remain in licensed and supervised foster care to ensure their physical and emotional safety."
"No charges have been filed against Mr. Higgins."
"No, no charges have been filed." Anna shifted her gaze to the mother, let it rest on that tired face.
"That's just another crime," she murmured.
When she was finished, Anna passed by the Higginses without a glance. But behind the rail, little Curtis reached out for her hand. "Do you have a lollipop?" he whispered, making her smile. She made a habit of carrying them for him. He had a weakness for cherry Tootsie Roll Pops. "Maybe I do. Let's see."
She was reaching into her purse when the explosion came from behind her. "Get your hands off what's mine, you bitch."
As she started to turn, Higgins hit her full force, knocking her sprawling and sending Curtis to the floor with her in a heap of screams and wails. Her head rang like church bells and stars dazzled her eyes. She could hear screams and curses as she managed to push herself up to her hands and knees. Her cheek ached fiercely where it had connected with the seat of a wooden chair. Her palms sang from skidding on the tile floor. And damn it, the new hose she had bought to replace the ones she'd run were torn at the knees.
"hold still." marilouordered. She was crouched in Anna's office, grimly doctoring the scrapes.
"I'm all right." Indeed, the injuries were minor. "It was worth it. That little demonstration in open court ensures that he won't get near those kids for quite a while."
"You worry me, Anna." Marilou looked up with those dark, gleaming eyes. "I'd almost think you enjoyed being tackled by that two-hundred-pound putz."
