Judge Philip Romer had been appointed to the bench six years earlier when Democrat Booth Gardner was Governor. He was in his early fifties, balding, and slightly overweight.<\/p><\/blockquote>\n
We learn that Romer got the position partly because of his involvement in Democratic Party activities, but we also learn this:<\/p>\n
Romer was genuinely a nice man. Afraid to take legal risks, he liked to play everything down the middle.<\/p><\/blockquote>\n
Farris tells us that Romer liked\u00a0it when time came for his three-month rotation in juvenile court, and that he enjoyed the opportunity to be \u201cnice but stern\u201d with the juvenile offenders who made up two-thirds of the cases in juvenile court.<\/p>\n
Now unfortunately, I am at a bit of a disadvantage in this section, because I don\u2019t have the legal background to\u00a0fully understand everything going on here. For instance, Farris tells us that the juvenile court only sees cases where parents are \u201caccused of a civil form of child abuse or neglect,\u201d and that the \u201chard-core abusers\u2014those who molested their children, beat them severely, or worse\u201d were instead tried \u201cin the main courthouse in a full-blown criminal trial.\u201d I don\u2019t know enough about this area of law to know whether this is typical. I also am not entirely sure what point Farris is trying to make here (and he usually is<\/em> trying to make a point)\u2014would he argue that only parents who are charged criminally should risk losing custody of their children?<\/p>\nSo rather than judge the legal ins and outs of this section, I\u2019m going to simply try to outline what happens, quoting some parts by way of example.<\/p>\n
After everyone makes introductions, Romer leads with this:<\/p>\n
\u201cMs. Willet, I\u2019ve read the complaint and sworn affidavits from your witnesses. I see no point in calling Ms. Corliss to testify unless either you or Mr. Walinski think it\u2019s necessary.\u201d<\/p>\n
Walinski spoke first. \u201cYour Honor, I do have a couple of questions I would like to ask Investigator Corliss.\u201d<\/p><\/blockquote>\n
As we shall see, this is Bill Walinski\u2019s first mistake.<\/p>\n
After Romer has Donna sworn in, Bill begins to ask her questions. He starts with this:<\/p>\n
\u201cMs. Corliss, let me get right to the point,\u201d Walinski began. \u201cWhat did you observe after you and your partner ripped the clothes off this terrified four-year-old girl?\u201d<\/p>\n
\u201cObjection, Your Honor. The question is argumentative.\u201d<\/p>\n
\u201cSustained. Mr. Walinski,\u201d Judge Romer said, \u201cthis is Juvenile Court. We try to be more informal here. Why don\u2019t you just ask her what she saw?\u201d<\/p>\n
Walinski was only slightly embarrassed. \u201cOkay, Ms. Corliss, what did you see after you strip-searched Casey Landis?\u201d<\/p><\/blockquote>\n
There was no leadup, no followup, nothing. If Bill is going to take the terrified little girl tact, he needs to go all in\u2014and he doesn\u2019t, at all. As a result, it just feels weird\u2014awkward. But don\u2019t worry, it gets worse.<\/p>\n
\u201cThere were bruises. Although they were fading, I would have judged them to be seven to ten days old.\u201d<\/p>\n
\u201cAnd do you have a medical background to judge how old bruises are?\u201d<\/p>\n
\u201cNo, sir. But I have been trained as a Child Protective Services Investigator and we are given much training on the nature of bruises. I have had the sad duty to observe dozens of bruises on abused little children in the last six years.\u201d<\/p><\/blockquote>\n
And that\u2019s it\u2014Bill lets that go. Bill knew Donna was a social worker. As such, he\u00a0surely knows what training she has regarding bruises. If he believed that training sufficient, why did he ask her if she had the proper background to begin with? It just gave her the opportunity to flash her credentials! I spent four years of high school participating in a homeschool debate league, and even I<\/em> knew better than to do something that damaging\u00a0during cross examination!<\/p>\nOn a related note, in\u00a0the comments on an earlier post in this series, a reader who is a social worker mentioned that in her experience, common procedure is for social workers to have a child with suspicious bruises seen by a doctor right away, because they (the social workers) are not qualified to make the ultimate judgement call. I don\u2019t know if this is just the case in this one reader\u2019s state or county or if it is more universal than that, but this does suggest that Bill might have had the grounds\u00a0to\u00a0challenge Donna\u2019s credentials and the way she conducted the investigation vis-a-vis the bruises. But he doesn\u2019t. Instead, he effectively concedes the point and moves on.<\/p>\n
\u201cCould you please describe the bruises for me?\u201d<\/p>\n
\u201cThey were fading, kind of green and\u00a0discolored a bit. They\u00a0didn\u2019t look like they had been terribly severe when they were fresh, but I believe that any bruising caused by a parental spanking is child abuse.\u201d<\/p><\/blockquote>\n
Hold it! What Donna \u201cbelieves\u201d is child abuse is irrelevant. What matters here is what the law says<\/em> is child abuse. Which is of course what Bill immediately points out\u2014oh wait, no, he doesn\u2019t. Bill lets that go too.<\/p>\n\u201cWhere were they located?\u201d<\/p>\n
\u201cOn her buttocks.\u201d<\/p>\n
\u201cCould you be more specific?\u201d<\/p>\n
\u201cOn the lower half of the buttocks, with a prominence of greater bruising on the left-hand side.\u201d<\/p>\n
\u201cAre you sure you are not mixing this up with some other case?\u201d<\/p>\n
\u201cI am absolutely certain of what I have told you.\u201d<\/p><\/blockquote>\n
Bill, Bill, Bill<\/em>. I mean good lord,<\/em> man, You basically just called up your opposition and asked them to lay out their case in more detail, without actually contesting any of it or pushing back in anything more than a token way. Badly done<\/em>, Bill, badly done<\/em>.<\/p>\nAnd of course, because Farris is a tell-don\u2019t-show kind of guy, we get this:<\/p>\n
Her lies were all the more convincing to the judge because Gwen\u2019s own lawyer had given Corliss a chance to invent some new details. Corliss lied with\u00a0conviction and humane concern emoting from her voice.<\/p><\/blockquote>\n
There\u2019s some back and forth where the judge offers Willet the chance to ask Donna additional questions, and she declines, suggesting with with no small amount of snark\u00a0that she\u2019s more than happy with the job Bill has done already. Romer asks Bill if he has any further witnesses, and Bill calls Gwen to testify.<\/p>\n
Bill has Gwen talk about her job as a nurse, and asks whether nurses are trained to recognize bruises. Gwen says they are. Bill then asks Gwen whether there were any bruises on Casey that day, and Gwen says she knew for certain there weren\u2019t, because she\u2019d given Casey a bath that morning and \u201cchecked her again after this woman and her partner had finished terrifying my little girl.\u201d<\/p>\n
Speaking of which, where is Rita, anyway? Is it customary to have only one investigator testify in a case like this, when two were involved? Perhaps so\u2014I suppose it could get time consuming otherwise. It just feels odd that we\u2019ve heard neither hide nor hair of Rita since the strip-search.\u00a0Is Rita even in on the whole lying-about-the-bruises thing?<\/p>\n
Anyway, once Bill has finished with Gwen\u2014and I have to say, I found Gwen\u2019s testimony entirely unconvincing, because of course<\/em> the accused parent is going to say there were no bruises\u2014Gail takes over questioning her. Gail asks Gwen about her spanking practices.<\/p>\n\u201cMrs. Landis, you spank you child with a wooden spoon, don\u2019t you?\u201d<\/p>\n
\u201cSometimes.\u201d<\/p>\n
\u201cHow often is sometimes?\u201d<\/p>\n
\u201cOnce or twice a week.\u201d<\/p>\n
\u201cAnd how many strokes do you administer each time\u00a0when you strike her with this implement?\u201d<\/p>\n
\u201cIt\u2019s just a wooden spoon. And I barely tap her.\u201d<\/p><\/blockquote>\n
\u201cIt\u2019s just a wooden spoon\u201d?! Really? Ugh!<\/p>\n
\u201cJust answer my question. How many strokes do you usually administer?\u201d<\/p>\n
\u201cUsually just one. Sometimes two swats. If Casey has done something very bad, I will give her three little swats.\u201d<\/p><\/blockquote>\n
Casey is four. As a general rule, four-year-olds are not capable of doing something \u201cvery bad,\u201d especially sweet angelic four-year-olds like Casey who clean their rooms by themselves and then bask in parental praise.<\/p>\n
\u201cWhen was the last time you had spanked Casey wiht this wooden implement prior to the date in question?\u201d<\/p>\n
\u201cAbout three or four days earlier.\u201d<\/p>\n
\u201cThree or four days?\u201d<\/p>\n
\u201cYes.\u201d<\/p>\n
\u201cAnd how many times did you strike your child on that occasion.\u201d<\/p>\n
\u201cJust once and it was light.\u201d<\/p>\n
\u201cWhat had Casey done to deserve this spanking?\u201d<\/p>\n
\u201cObjection,\u201d Walinski said, jumping to his feet and nearly upsetting his chair. \u201cIt is legal to reasonably spank one\u2019s children in the State of Washington\u2014even in Seattle.\u201d<\/p><\/blockquote>\n
That Seattle bit is a dig at Gail, who just moved to Spokane\u00a0from Seattle. Are we really going to keep doing this?<\/p>\n
But regardless, the entire point of Gail asking what Casey had done is to ascertain whether or not the spanking in question is \u201creasonable\u201d\u2014is Bill really that oblivious? Hitting\u00a0a child with a wooden spoon for direct disobedience would I believe be considered \u201creasonable\u201d discipline. Hitting a child with a wooden spoon for, say, bed-wetting, would probably not<\/em> be considered \u201creasonable\u201d discipline. So yes, the circumstances within which\u00a0Gwen spanks Casey actually are\u00a0relevant.<\/p>\nThe judge allows the question to go forward, and Gwen tells Gail that Casey had refused to pick up her crayons and coloring book even though Gwen told her to do it twice. \u201cI use spanking only when it appears to me that she is choosing to deliberately disobey. It\u2019s the same way my parents raised me and I think I turned out okay.\u201d<\/p><\/blockquote>\n
Seriously, not that<\/em> line. Sigh.<\/p>\nI\u2019m honestly not entirely sure what Gain gained here. Gail is supposed to be a good prosecutor, sharp, driven, and ambitions\u2014we\u2019ll get to that more later\u2014and her questioning of Gwen doesn\u2019t\u00a0appear to me to have done anything for her.<\/p>\n
And then there\u2019s this weird informal bit:<\/p>\n
\u201cMr. Walinski, do you have\u00a0any more witnesses?\u201d<\/p>\n
\u201cNo, Your Honor. Unless you want to hear from Mr. Mansfield.\u201d<\/p>\n
\u201cMr. Mansfiled, I assume that you would testify that your daughter is a good parent and you have never observed bruises on Casey. Is that about right?\u201d<\/p>\n
\u201cYes, that\u2019s true, Judge.\u201d<\/p>\n
\u201cWell, in the interest of time, let\u2019s just let that stand as Mr. Mansfield\u2019s testimony.\u201d<\/p><\/blockquote>\n
I\u2019d love to have\u00a0my lawyer readers weigh in on this. Would this actually happen?<\/p>\n
So now we have what amounts to closing arguments. Gail puts her case like this:<\/p>\n
\u201cYour Honor, we have a classic case of the word of an officer of the State, Donna Corliss, against the word of the accused mother. Corliss says there were bruises on this little girl. Her mother, of course, denies it. The affidavit from the pediatrician is simply not particularly helpful. The doctor states that he examined the girl five days after the CPS worker had conducted her examination. This is more than enough time for the bruises to have completely healed from the blows which produced them.\u201d<\/p><\/blockquote>\n
Okay, so, first, Gwen did<\/em> take Casey to the doctor as Bill advised, even though Farris didn\u2019t\u00a0mention the actual visit at all.\u00a0<\/em>But second, Farris can\u2019t even keep his own timeline straight! Gwen was served with papers about the hearing the previous Thursday, and visited Bill in his law office that afternoon at 3:30. It was only then that Gwen was advised to take Casey to the doctor, so the earliest she could have done so would have been Friday. When did the strip search happen? The previous Thursday<\/em>. In other words, the doctor would have examined Casey at least eight<\/em> days after the CPS examination, not five<\/em> days.<\/p>\nIf Farris can\u2019t keep his own timeline straight, this could all get very tangly very quickly.<\/p>\n
As she makes her case to Romer, Gail adds this:<\/p>\n
\u201cKeep in mind, Your Honor, that we are not asking\u00a0for permanent custody in this hearing. Just a Shelter Care Order to place this child in an environment we know is safe for seven days. During that time we can have Casey examined by an independent pediatrician, a psychologist, and I think it would be appropriate to have a psychological and parenting assessment done of Mrs. Landis as well. Ms. Corliss\u2019s affidavit details some very strange and uncooperative behavior on Mrs. Landis\u2019s part.\u201d<\/p><\/blockquote>\n
So, Walinski gets up and gives the worst rebuttal I have ever read:<\/p>\n
\u201cWell, Your Honor, Ms. Willet correctly framed the key issue: This is a case of the CPS worker\u2019s word against the word of Gwen Landis. Gwen\u2019s a registered nurse and she should know bruises. She has testified that there were no bruises. The pediatrician testified there were no bruises. I recognize that it was several days later, but if the bruises were as severe as CPS makes them out to be, there should be something visible for the doctor to see.\u201d<\/p><\/blockquote>\n
Worst. Rebuttal. Ever.<\/p>\n
\u201cWe have to remember, Your Honor, that the state carries the burden of proof here. And I don\u2019t think they have done an adequate job of that when the whole case is just one person\u2019s word against another. They should have more. Some other kind of corroborating evidence. This just hasn\u2019t been enough.\u201d<\/p><\/blockquote>\n
Shouldn\u2019t he be talking about what the law<\/em> says rather than just making assertions?<\/p>\nGail reminds the judge that this is not about permanent custody, and agrees that if it were, more evidence would be needed. But as she points out, it\u2019s not, it\u2019s just for seven days. \u201cAnd in case of doubt, I try to resolve things in favor of the children,\u201d she says.<\/p>\n
Judge Romer notices that Gwen is starting to cry, and says this:<\/p>\n
\u201cMrs. Landis, you are\u00a0probably a good parent. And in all likelihood, this seven-day experience will prove to exonerate you in the end. I\u2019m just trying\u00a0to think of what\u2019s best for Casey.\u201d<\/p><\/blockquote>\n
I think Farris is using this novel\u00a0to argue\u00a0that once a family gets caught in the system, it becomes impossible for them to prove their innocence. After all, we, the readers, know that Donna chose the\u00a0foster family, doctor, and psychologist specifically to ensure that Gwen will be found unfit\u2014we, the readers, know that they\u2019ll inevitably find something\u00a0<\/em>to pin on Gwen. And we know that institutions\u00a0can sometimes work this way\u2014but they do not always<\/em> work this way. The ideal should be\u00a0to have accountability and checks and balances to ensure against abuse. Farris\u2019s solution\u00a0seems to be not so much accountability as\u00a0placing\u00a0all of the cards in the parents\u2019 hands.<\/p>\nRomer tells Gwen to take Casey home, pack her things, and bring her to the CPS office by 2:00 that afternoon. He tells everyone present that there will be a followup hearing one week later, at 10:00.<\/p>\n
The judge left the courtroom and Gwen collapsed in sobs in her\u00a0father\u2019s arms.<\/p><\/blockquote>\n
And that\u2019s it\u2014hearing is over, and so is today\u2019s installment. It got longer than I wanted it to be, but I really wanted to cover the entire hearing. Next week we\u2019ll see Gwen break the news to Casey and\u2014well\u2014let\u2019s just say that things get really<\/em> interesting with Bill Walinski.<\/p>\nAs a quick followup note, I\u2019m honestly not sure whether Bill is as incapable as he came across in this hearing, or whether he was throwing the hearing\u00a0on purpose. Well actually, we do know Bill decided losing the hearing would be in his best interests, as a more protracted case would give him more chances to make sexual advances toward Gwen. I guess I\u2019m just\u00a0wondering whether Walinski had the ability to win the hearing in the first place, given how Farris is portraying him.<\/p>\n
Let that be a lesson to you: Don\u2019t pick\u00a0your lawyers on the golf course.<\/p>\n<\/body><\/html>\n","protected":false},"excerpt":{"rendered":"
Remember that we left off as Bill Walinski, Gwen, and Stan entered the court room, leaving little Casey outside the room with her grandmother, June. Farris tells us that the hearing, in which social worker Donna Corliss and prosecutor Gail Willet sought to have Casey taken into foster care for a week for observation and evaluation, was presided over by Judge Philip Romer. <\/p>\n","protected":false},"author":845,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[469],"class_list":["post-25185","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-anonymous-tip"],"yoast_head":"\n
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