Trial Day 4, The End!

On the last day of trial, we waited 2 hours for the lawyers and the judge to agree on the jury charges.  In the end, they agreed on 2 questions:

1. Should Bio Mom's rights be terminated?
2. Should CPS be granted Temporary Managing Conservatorship for the kids?  (It was explained to the jury that the foster parents cannot adopt directly from the bio parents, but that TMC must be awarded to CPS first and then we can adopt). 

Finally, the jury came in and the lawyers each gave their opening statements:

DISTRICT ATTORNEY

She reminded the jury that:

•  this case is about the best interest of the children and that Acts and Omissions that lead to abuse are grounds to terminate parental rights
• B and J were off the growth chart for their age range (negative 5 and negative 6 respectively), which is astonishing
• failing to provide food is an act of abuse
• parents are required to provide minimally adequate health and nutritional care
• the mother, who never still admits there was anything wrong with the kids, should have known weeks into the months of deterioration and sought medical care
• Allie and Brenda, the older sisters, have suffered the emotional effects of seeing their siblings starve to death not to mention the physical abuse (since B&J each had more than one broken bone)
• Bio Mom has criminal charges pending for injury to child by omission
• Bio Mom took the 5th amendment so many times so as not to incriminate herself
• the best interests for these children is the jury's primary responsibility
• each child is unique and special, and she described each child again to the jury
• termination of Bio Mom's parental rights is in the best interest of these kids

BIO MOM'S ATTORNEY

He pointed out that:

• Bio Mom has not tried to hide any evidence
• the jury is the finder of facts
• each lawyer is here to tell his or her client's story
• there was abuse to the children, but also abuse to the mother - with lasting effects
• they should deliberate and carefully consider issues and opinions before taking action
• at a quick glance, this case is easy: terminate and done, but look at all the options first!
• the detective never took the time to talk tot the medical professionals 
• Bio Mom is innocent until proven guilty for her criminal charges
• that the doctor admitted she has been wrong before
• Bio Mom has been cooperative with everyone - talked openly and willingly
• Bio Mom completed all of her service plans, hoping to get her kids back when she was done
• Bio Mom wants a chance to show that she's not a bad mother
• the grounds to terminate on Bio Mom say that she knowingly committed acts or omissions of abuse - that knowingly conveys an awareness or understanding but that both the Child Advocate and CPS said that Bio Mom did not seem to have an understanding of their condition
• Bio Mom's lawyer did not choose to cross examine the foster parents when they testified: "How could I?  They are good people! But it's not about them."
• Bio Mom should have a chance to have some involvement in her children's lives and show that she is not the bad person she is being portrayed as today

I gotta admit, he did a great job defending her, which had to be very hard to do!  I was a little nervous at the end of his closing arguments that some in the jury might be swayed from the truth by his compelling words.  But I kept telling myself, surely they can see that this woman should never be allowed near kids again?!

OUR LAWYER's Closing Statements:

• Thanked them for sitting in on this horrific case
• Reminded them that the case is about the children
• Informed them that the Bio Dad relinquished his parental rights (this is the first time anyone had told them what truly happened)
• Reminded them that at jury selection they were asked if they could find it in themselves to terminate parental rights given the right circumstances and that they all said yes- "I call upon you to keep that promise!"
• Reminded them that B&J looked like children of the Holocaust, that the Doctor described their bodies as consuming/breaking down their own fat, bones, muscles, organs, just to survive.  Reminded them that the Doctor said of the thousands of cases she has seen, this case is in the worst 3 or 4 cases.  
• Reminded them that Bio Mom's lawyer asked for her to receive a second chance: "A second chance for what?  More abuse?  To finish them off this time?!"
• The children have spoken...they want to stay where they are!
• "The children were in hell.  Now they are in heaven.  The only way they return to hell is if you put them there."
• Was the mom responsible? No doubt!
• This case started in 2014 when the children began starving.  
• "CPS doesn't always get it right, but this time they did the right thing.  They saved four children from death."
• Bio Mom still says the Stepdad (in jail with 2 felony child abuse charges) is a good person.
• She either did it, or allowed it to happen.  She should do something to help her children.  But she didn't.  She was eating while her children starved.  They were getting sexually abuse and she did nothing to stop it. 
• Reviewed the Characteristics of a Good Parent chart.  Pointed out that Bio Mom took the 5th amendment over 30 times on the witness stand.  He contrasted her F grade as a parent to the foster parents' A.
• Clarified that CPS must be awarded custody of the kids so that the foster parents can adopt.  
• The CPS Caseworker confirmed that Bio Mom did her service plan.  "So what?! That doesn't mean you should get your kids back!"
• That the Child Advocate is a volunteer, one of the thousand points of light, and he was clear as day that the mom should have her rights terminated.
• He showed pictures of B&J with our family and the jury smiled. 
• You should: 1. Terminate the mom's rights 2. award CPS managing conservatorship
• "In 5-10 years if you return the kids to their mom, you will always wonder what happened to them.  You will wonder if she did them further harm.  But if you terminate her rights and allow my clients to adopt them, you will never have to wonder if the kids are okay.  You will know they are happy and healthy."

CHILDREN'S AD LITEM'S Closing Statements:

• Reminded them that her job is to tell them what is in the best interest of the kids
• Parental rights should be terminated
• All the children want to remain where they are
• Reminded them of the children's emotional and physical needs: that JJ needs ongoing occupational, speech, and physical therapy; that the older girls had to witness the abuse of their siblings and will have ongoing emotional/psychological therapy needs; that the Doctor said the children would have problems in the future that will need to be addressed
• If they would be returned to the mom, the children would be in physical danger, but that they are safe with the foster parents.  "No second chance!" Bio Mom has no stability.  
• By acts and omissions bio mom is responsible for broken bones, physical and sexual abuse and starved these kids to death (at this point, the Ad Litem got emotional). 
• Bio mom has no understanding of the children's needs.  She heard the doctor testify that they almost died and she still says she doesn't know what's going on.  "What's worse: not knowing or doing it on purpose?  It doesn't matter!"
• "This isn't about parents rights.  It's about the children's rights.  I would argue it's about human rights."

Finally, the DISTRICT ATTORNEYDgets to come back to make the last Closing Statement:

• She showed the "before pics" of B&J starving to death
• "The mom is a victim and we might sympathize or even empathize with her.  Despite that, there is no excuse for what she has done."
• Showed the picture of Bio Mom's full pantry and refrigerator and reminded them of the amount of food stamps Bio Mom was receiving.  
• "The Mom asked for credit for doing her services and for taking her kids to the hospital after CPS told her to.  Yes, let's give credit where credit is due.  Give her credit for starving her children to death.  Give her credit for sitting by while her daughters were sexually abused.  Give her credit for the broken bones.  It has been said here today that my clients (CPS) were heroes, but the real hero is Brenda.  It was Brenda that shown the light into the darkness that was her house when she made an outcry for help at school.  The Department (CPS), by clear and convincing evidence, has proven it's case."

The judge then read the jury their charges and at 12:50 we left the courtroom for lunch while the jury went to deliberate over their own lunch. At 2:20 we were summoned back into the courtroom to hear their verdict.  I didn't feel emotional, but Tina and I were holding hands as the jury walked in and I started to cry just from the weight of the moment.  The judge took the verdict and looked over it for an excruciating minute, while his face did not betray what the verdict said.  Finally, he read the verdict: the jury unanimously voted to terminate Bio Mom's rights and award CPS TMC so that we could adopt!  

The jury was excused, but oh how we wanted to run up and hug each one!  Bio Mom did not react at all and her lawyer lead her out of the courtroom.  Then her lawyer came back in to congratulate all of us on our win.  The rest of us all exchanged congratulations, hugs, and tears.  Ten minutes later, we were walking out of the courtroom, forever changed.  What a moment!