Vengeance(12)

“To cut to the chase, Your Honor” — she knew that was Stone’s favorite phrase —“Kiley was not an easy child to place. Adoptive parents are reluctant to take on children who have been through the kind of trauma Kiley experienced. In addition to having been subjected to repeated molestations, she was born drug affected. At the time of her parents’ arrest, she was undernourished and suffering from PTSD. But after nearly a year as a foster parent to Kiley, Miss Miller was sufficiently comfortable with Kiley’s physical and emotional progress. This was to be a hearing to finalize the termination of Mr. Chance’s parental rights with a simultaneous adoption by Miss Miller.”

“But?”

“But Miss Miller was struck and killed by a drunk driver two nights ago as she was jogging across Powell Boulevard.” Judge Stone made a tsk sound. “The State is still seeking termination of parental rights. Although counsel notes that Mr. Chance was acquitted, it cannot be ignored that one of the men who was paying for sexual contact with the child was a former cellmate of Mr. Chance. At Mr. Chance’s trial, that man testified that —”

Hobbins interjected on her client’s behalf. “Your Honor, that man was a child rapist who testified in exchange for leniency. Given how child abusers are treated in prison, he would have said anything to get in the prosecutor’s good graces.”

The man’s name was Trevor Williams. His status as a convicted felon was the primary reason the State’s criminal case had come together. A neighbor in the Chances’ apartment building called the police after she saw blood on a child’s pair of pants in the communal laundry room. A fan of CSI, she went so far as to seize the evidence and seal it in a Ziploc bag. Police found not only blood but also seminal fluid. A search warrant executed at the Chances’ home turned up a set of pajamas with a different man’s fluids. Thanks to the state’s DNA data bank for convicts, they linked the second sample to Williams.

Cutting a deal with that pedophile was the hardest bargain Diane had ever struck. They might never identify the other man — or men — to whom Kiley was traded off, but they had Williams, and Williams was willing to give them both of the parents. It was the only way to protect the girl in the long run.

Judge Stone wasn’t interested in the details of Williams’s testimony, however. He raised an impatient palm again. “I’m not going to relitigate the criminal case here, ladies. You should both know that the standard is the best interests of the child.”

And how the hell was it in Kiley’s best interests to live with a man who sold her as a two-year-old to support his crack habit?

Diane knew her argument would only go downhill from there. The State had not yet secured a new foster placement for Kiley. She was staying in a group home, the youngest of all the children there.

Then it was Hobbins’s turn. The conviction of Chance’s wife and initiation of TPR hearings had been the wake-up call the father needed, she said. After some initial relapses, he had been clean for five months. He still denied all knowledge of his wife’s crimes, but he had been willing to let Kiley go with Janice Miller because the woman had been there for his daughter when he had not. But now Miller was gone, and he was finally in a position to parent.

“Miss Hobbins, does your client live in a residence suitable for the child to be there now?”

Now?

“Yes, Your Honor. He has a private apartment with subsidization through Section Eight. It is a one-bedroom; Kiley would have the bedroom, and he would sleep in the living room. Were he granted custodial status, he would qualify for additional subsidization. He has a social worker through his drug rehabilitation program, and she would assist him in securing a two-bedroom. He is working part-time as a janitor at Portland State, but his sister has agreed to watch Kiley while he is at work.”

Diane remembered the sister. She’d refused to take Kiley in because “my food stamps barely cover my own three kids, and you people don’t pay foster parents for shit.”

“And what does Kiley want?” The judge directed his question to the guardian ad litem.

“Your Honor, she’s not even three years old,” Diane said.

“I didn’t ask if she wanted to run off and live with Santa Claus. I’m simply asking a question of our assigned guardian ad litem, since presumably she needs to justify her public-interest salary here today. Is that all right with you, Miss Light? Am I allowed to ask a question?”

The guardian ad litem’s role was to advocate directly for Kiley, but in this case, Diane believed that the prosecution was doing precisely that.