The judge called the case from the file before him. Then the county attorney stood and spoke briefly. The judge had already seen the Petition of Dependency and Neglect and the county attorney began to review it for the record. The Petition explained why the children had been taken into emergency custody, described what had been done to them by their mother’s uncle, and stated what both the county attorney’s office and Social Services recommended. The Petition stipulated that the children be kept in foster care until such time as the uncle was apprehended and brought to trial. Until then the children should not be allowed to return to the home, since their parents had not shown that they were capable of protecting them from their uncle thus far. The parents should be granted regular visitations with the children under the supervision of Social Services, and the case should be reviewed at some future time and date.
Then the Wallaces’ lawyer rose and said what he could in their defense, telling the court that Luther and Betty Wallace had been good parents, under the circumstances, and had done the best they could.
Are the parents in the room? the judge said.
Yes, Your Honor. They’re here.
The lawyer motioned to Betty and Luther. They came forward and stood beside him at the table.
You’re aware of what injury was done to your children, aren’t you? the judge said.
Yes sir, Luther said. Your Honor.
Did you make any effort to prevent the injury to your children?
He wouldn’t let us.
Your wife’s uncle. You’re referring to him.
Pardon?
You’re talking about Hoyt Raines. You’re referring to Mr. Raines.
Yes. That’s him.
Did you witness what Mr. Raines was doing to your children?
My husband did, Betty said. I never seen it. Afterward I just seen what he done.
What did you do yourself?
You mean me?
Yes.
I told him he couldn’t do it. When he first come in our house I says, You can’t come in here.
Mr. Wallace. What did you do?
I went on in there, Luther said. I seen him using his belt and I says, You can’t do that. You got to stop that.
Did you physically try to stop him?
Well, like I says, I was in there. Then he come and hit me cross the neck. It’s still stinging me. Luther rubbed at his neck beneath the shirt collar.
What did you do after he whipped you with his belt?
I went back to take care of my wife.
What was she doing?
She was laid out bawling about all what was going on.
So in fact you didn’t do anything.
Luther looked at the judge, then he glanced at Betty, then he faced forward again. I went in there to stop him. But he whipped me cross my neck. With that belt of his.
Yes. I heard you tell the court that you did that much. But just entering the room where he was whipping your children didn’t stop him, did it. That wasn’t enough.
He says he’s going to kill us.
Sir?
He says he’s going to kill us if we done anything.
Mr. Raines told you he would kill you?
Yes sir. That’s exactly what he told us.
That he would kill you if you tried to prevent him from whipping your children.
Yes sir.
If we told on him too, Betty said. If we called somebody on the phone.
That’s right, Luther said. If we called somebody, he says he’s going to hear us, and he’s going to kill us like we was dogs.
So he threatened you both.
He put a threat on us both right in our own house, Luther said.
The judge looked at the file on his desk for a moment. Then he raised his head. This is the second time this has occurred. Isn’t that right?
Yes sir, Your Honor. He done it once before, Luther said.
Do you know where he is now?
No.
Where do you think he might be?
He could be about anywhere. He might be in New York City.
New York City. Do you think that’s where he is?
Might be Vegas too. He’s always talking bout making a killing in Las Vegas.
The judge looked at him. Well. I thank you both for your testimony. You may sit down.
The judge then called the guardian ad litem. The young attorney stood and approached the table and reported his interview with the two children. He closed by submitting his own recommendation to the court.
I’m to understand from what you’ve just informed the court that you concur with the recommendation of the county attorney and the Social Services? the judge said.
That’s right, Your Honor.
Thank you, the judge said. He looked out into the courtroom. In a case like this one, he said, I have to make two determinations. First, on the filing of the Petition of Dependency and Neglect. Secondly, I must make a determination about the custody of the two children. The court has heard the various parties involved in this case. Is there anyone who wants to say something more?
Betty stood up from where she sat behind the table.
Yes? the judge said. Do you have something more to say, Mrs. Wallace?
You’re not going to take my children, are you? Betty said. I love my children.
Yes, ma’am. I appreciate that, the judge said. I believe you and your husband do love your children. That’s not in dispute here.
Don’t take them. Please.
But Mrs. Wallace, it’s evident to the court from the testimony we’ve heard today, including your own testimony, that you can’t protect them. Your uncle has abused them twice. For now, they’re better off in foster care.
But don’t take them. Please don’t.
The court has to decide what is in the best interest of the children.
They’re suppose to be with their mama and daddy.
In most instances, that’s right. The court makes every effort to keep the children with their parents. But in this case, it’s the court’s decision that they’re better served by being placed in foster care. At least for the time being. Until your uncle has been found, Mrs. Wallace.
You mean you’re going to take them away?
You may still see them. Under supervision. They won’t be taken out of the local vicinity. They’ll still be in Holt County and you can visit them on a regular basis.
Oh no! Betty cried. Oh no! No! No! Then she screamed something that was not even words. Her voice rang in the room and it echoed shrilly against the dark paneled walls. She fell back into the church bench and banged her head. Her eyes rolled wildly. Luther tried to help her and she bit his hand.
The judge stood up in surprise. Somebody help her there, he said. Somebody bring this woman a glass of water.
43
AFTER HIS SUPPER OF FRIED MEAT AND FRIED POTATOES, sitting alone at the pinewood table in the kitchen, the house so silent and still with just the sough of wind outside, he rinsed off his meager dishes at the sink and moved into the dining room. He took down the phone from the wall and carried it on its long cord to the parlor and sat in his old recliner chair and called Victoria Roubideaux in Fort Collins.
I was just picking up the phone to call you, she said.
Were you, honey? I just figured it was about my turn. I was wondering if you knew when you and Katie was coming home for the summer. I hope you’re still coming.
Oh, yes. Nothing would change that.
I’ll sure be glad to see you. Both of you.
I’ve only got another couple weeks of classes, then finals.
How’s your classes going?
Okay. You know. It’s school.
Well. It’ll be nice to have you home for a while. How’s my little Katie?