Tuesday, August 19, 2014

Court update

Our trial was scheduled for 1:30pm today. I arrived at the courthouse about 40 minutes early. I've always been told to arrive early so that the lawyer for my cherub(s) can speak with me and/or with the cherubs (when applicable). The doors to the indoor waiting room were locked. I sat outside with Daisy. Thankfully she fell asleep in the stroller for a little bit of the wait.

There were three trials all on the docket at 1:30pm. We were the third case in line. We didn't called into the courtroom until 2:50pm.

It was a very long wait until that time came.

Imagine entertaining a developmentally delayed, vision impaired child in 100 degree weather while outside or in a tiny little waiting room while inside. Toys are rather pointless. I don't load her up with snacks all day long. (Especially since she has seemed a little under the weather since I picked her up last night.) All we could do is hold her as her mother doesn't like her to crawl around in public places. Daisy went back and forth between her mother and me most the entire time.

At 2:50pm we all filed in to the courtroom. Roll call was taken and all the decision makers stated their names and their roles in the case for the record. Then, immediately, Daisy's lawyer asked for an in chamber meeting. The judge agreed and all the decision makers filed out of the room.

For over 20 minutes I sat in the courtroom with Kori, Bio Dad, Daisy's paternal grandparents, Kori's mother and Kori's ex-husband. Also in the room were the bailiff and the judge's assistant (secretary??). It was awkward. Daisy was frustrated from having nothing to do for hours and wiggled and fussed on her mom's lap the entire time.

At about 3:15pm everyone filed back in to the courtroom.
Then, for reasons that I still don't know, the judge and his assistant walked out of the room.
About 3 minutes later they came back in.

The judge reminded everyone that the dismissal date for the CPS case is November 10, 2014. He then asked CPS what their position is in this case.

The lawyer for CPS asked to reset the trial. It seems that Bio Dad has finally been indicted for his crimes against Daisy. Because of this, they want to wait and see what happens in criminal court before proceeding in CPS court.

Daisy's lawyer stood and asked for the same thing.

Kori's lawyer stood and very much opposed resetting the CPS trial. She argued that because Kori's support system had gone to the trouble of coming in from out of state and whatnot, the trial should go on today as scheduled.

The judge listened and then did a lot of speaking. First, he made it clear that the criminal trail for Bio Dad is not going to impede on the CPS trial. He granted the continuance but he made it very clear that he is not, under any circumstances, going to change the dismissal date for this CPS case. Everything in this case has to be "done" (whatever that means - because Lord knows kids stay in foster care for years down here) by November 10, 2014.

Another pretrial was called for September 24. The new date for the CPS trial is going to be October 2. The judge emphasized that everyone needs to be fully prepared for the trial on October 2. He stressed this point several times. He indicated that expert witnesses may need to be lined up. He wanted everyone to understand how serious he is about this trial happening on time and this case being over by November 10.

I don't have much else to report. Visits are going to continue on as normal because basically, nothing happened today. Bio Dad goes to trial for his crimes (he plead not guilty to two different charges) on Monday.

CPS does not want reunification. Neither does Daisy's lawyer. The trial in October is considered a contested trial. Because of the charges against Bio Dad, CPS will now be able to ask for TPR on him. But even Daisy's lawyer doesn't think there are grounds for TPR on Kori. If I was a betting person I would bet that Kori will get Daisy back "because Dad will be in prison and therefore Daisy will be safe". Or they will find some relative that is really willing to step in and care for Daisy. Supposedly there is a relative (a sister maybe??) that has stepped forward. The judge OK'd a home study but said he will not consider placement until the trial.

Thank you all for your prayers. I guess we get to do this again in just a little over a month.


r. said...

I think it's telling that Kori's lawyer is the one asking for trial to go ahead, while the Dept and the AAL are the ones asking for the delay. Usually it's the other way around (at least where I'm from). It might be time to start bracing yourself.

Cherub Mamma said...

I think you're right r. If Dad is found guilty (good Lord I hope he is found guilty) Kori will hopefully stop defending him. When that happens there will be no legal reason to not reunify.

Lesley said...

Can Daisy's doctor be called to testify that Kori is in denial about Daisy's medical needs?

Cherub Mamma said...

I have no idea WHO will be called in to testify at the trial. No one special was there today. But the judge did specify that perhaps expert witnesses need to be brought on board.

With Mr. CW leaving the case I don't know what will happen. I'm afraid this whole thing is just going to fall through the cracks.

r. said...

Cherub Mamma, I wouldn't get my hopes up about a guilty verdict meaning that Kori would no longer defend him. Denial can be a powerful thing. But at least it *would* mean that he'd be in jail and Daisy would be safe from him for a period of time.

I've read accounts of parents whose first child was born disabled, where they said they didn't realize how truly behind their child was until the second baby was born. Seeing the second kid zoom through those developmental milestones really brought it home to them, and for some the grief began anew. I wonder if Kori's going to be in for something like that in the future.

r. said...

Never mind, I just saw the part on FB about Kori already having two kids, so presumably she should know how far behind Daisy is.

Cherub Mamma said...

I know .r - right?! She SHOULD know. Everything about Kori just doesn't fit. This is the most peculiar puzzle. It is so apparent that Kori loves her daughter VERY much. She even knows how to be a good mom. But she's practically blind to the developmental delays. And the way she defends Bio Dad is so concerning.

She has literally said things along the lines of, "Bio Dad is not an animal. This is just something he should learn from."

Learn from?!

Her daughter nearly DIED and is going to SUFFER as a result for the REST OF HER LIFE!!!!

And this is just a learning experience?!!!!!

THAT is what frightens me the absolute most. And sadly, that is subjective and isn't anything that the judge can really rule on. Which is why I believe that ultimately, unless Kori does something visibly illegal or dangerous, Daisy will go back home to her.