Chapter 16
Hez tried not to fidget. He firmly believed the adage that a lawyer who represented himself had a fool for a client—but he
still hated sitting in a courtroom without being able to argue his own case. He wanted to be sitting next to Scott Foster
at the counsel table, scribbling notes and whispering last-minute advice, but that would be counterproductive.
He turned to Savannah, who sat beside him just behind Scott. She gave a nervous smile, took his hand, and squeezed it. He
squeezed back and put on what he hoped was a reassuring expression.
Michael Willard sat on the other side of the courtroom, whispering with his attorney, a middle-aged woman with sharp features
whom Hez didn’t recognize. The only other people present were the clerk, the court reporter, and the bailiff. The two sides
had agreed to hold the hearing while Simon was in school so he wouldn’t have to hear his family arguing over him.
The bailiff was unusually muscular and well armed.
A veteran police officer once told Hez that family law hearings were more likely to turn violent than any other court proceedings, which would explain why the bailiff had a Taser, gun, and billy club.
Most bailiffs were retired cops with extra time on their hands, but this guy could have been a SWAT door kicker.
And he had given both Hez and Michael appraising looks as they walked in, as if he were deciding the best way to take down each of them if things got ugly.
The door behind the judge’s bench opened, and everyone in the courtroom rose. The clerk cleared her throat. “The probate court
for Baldwin County is now in session. Please take your seats and come to order.” A broad-shouldered short man of about fifty
emerged from the chambers. Aloysius O’Keefe had been a star high school running back thirty-five years ago. Reporters named
him “the Bowling Ball,” and he looked the part in his black robe.
Judge O’Keefe settled in as everyone sat down. He flipped through the papers in front of him, then peered over the side of
the bench and nodded to the clerk.
The clerk looked at her monitor. “Calling M. J. W. versus S. L. W. and H. M. W.” Adoption dockets were confidential, so the
case name used only the parties’ initials.
The attorneys rose and Scott spoke first. “Scott Foster for petitioners Savannah and Hezekiah Webster.”
Michael’s lawyer spoke in a harsh contralto voice. “Agatha Morgan for counterpetitioner and movant, Michael Willard.”
Judge O’Keefe nodded. “Thanks. Have a seat. This is our first hearing, but both sides have already been busy. We have not
one but two adoption petitions, both of which are contested. And now we also have an emergency motion for custody.” He glanced
at his papers again. “Normally, the first order of business in a contested adoption is to appoint a guardian ad litem.”
Morgan stood. “In light of the urgency of the situation, Mr. Willard respectfully requests that his motion be heard first, Your Honor.”
The judge nodded. “I thought he might. I’ve read the motion papers and the allegations are quite serious. If the child’s life
truly is threatened by the current custody arrangement, that needs to be addressed immediately. Since this is your motion,
you go first.”
“Thank you, Your Honor.” Morgan picked up her notes and moved to the lectern. “May it please the court, Simon Legare is in
danger every hour he stays with the Websters. The facts in our affidavits are undisputed. In the few months Simon has been
in their custody, he was kidnapped, nearly drowned, and was held at gunpoint. Further, their own child drowned while under
the supervision of Mr. Webster.”
The judge held up a hand to stop Morgan and turned to Scott. “Do you agree that all of this is undisputed?”
Scott stood. “It’s undisputed that those things happened, Your Honor.”
The judge’s gaze moved to Hez and Savannah, and judgment showed in his brown eyes. “And they happened while the children were
in the Websters’ custody and under their supervision?”
Scott nodded. “Yes, Your Honor. However, Mr. Willard’s nephew, Deke Willard, kidnapped Simon, so it’s hardly fair to blame
the Websters for that.”
Judge O’Keefe turned back to Morgan. “Is that true?”
Morgan whispered with Michael, whose face had turned red.
“Yes, Your Honor. Deke got manipulated into participating in the kidnapping. He is now serving a life sentence without possibility of parole and is no threat to Simon.” She picked up a document and handed it to the clerk, who handed it up to the judge.
She handed another copy to Scott. “Moving on. Simon’s father, Erik Andersen, consented to Michael Willard’s adoption petition.
Mr. Andersen also submitted an affidavit supporting an immediate custody change.
Mr. Andersen met with Simon and Mr. Willard just yesterday and witnessed their loving interactions.
Simon said he wanted to live with Mr. Willard and—”
Hez grimaced and a little gasp escaped Savannah. So that’s why Erik and Michael somehow lured Simon to Erik’s home. Scott
jumped to his feet. “Objection, hearsay and lack of notice. This wasn’t part of the materials served on my clients.”
The judge nodded. “Sustained. If you want Mr. Andersen’s testimony in the record, bring him in to testify and give the other
side proper notice. The same for the child. I’ll allow his testimony, assuming the guardian ad litem doesn’t think it would
be harmful to him.”
Morgan gathered her papers. “Understood, Your Honor. One final point and my argument is finished—the DNA tests prove Mr. Willard
is Simon’s grandfather.”
“All right.” Judge O’Keefe turned to Scott. “Argument, Counsel?”
“Yes, Your Honor.” Scott stepped to the lectern as Morgan resumed her seat.
“May it please the court, the dying wish of Simon’s mother—Ms. Webster’s sister—was that Ms. Webster take care of Simon.
Her will says the same thing. Ms. Webster is in court and will so testify if necessary.
His father—confirmed by DNA—is Erik Andersen, who fled during the investigation into the murder of the university president.
Ms. Webster is his closest and most logical guardian. ”
The judge glanced at Savannah, then turned to Morgan. “Do you want to put her on the stand?”
“One moment please, Your Honor.” Morgan turned to Michael, who appeared unsettled. They held another whispered conference.
Morgan turned back to the judge. “That won’t be necessary at this time, though we do reserve the right to take Ms. Webster’s
deposition at a later date and cross-examine her in future hearings.”
“Of course.” The judge looked at Scott. “Anything further, Counsel?”
“Yes, Your Honor.” Scott turned over a sheet of paper on the lectern. “Deke Willard isn’t the only relative of Michael Willard
who is in prison for serious crimes. So is his brother, David, and three of Michael Willard’s nephews are awaiting trial.
They were all involved in a smuggling ring. Michael Willard hasn’t been arrested—yet. But he appears to sit at the center
of a criminal conspiracy. It clearly wouldn’t be in Simon’s best interests to—”
“Objection!” Morgan was on her feet, and Michael glared at Scott’s back so hard that he seemed to be trying to drill holes
in the lawyer’s skin. “There’s no foundation for any of that.”
Judge O’Keefe shrugged. “I can take judicial notice of other proceedings pending in the circuit court. The rest of Mr. Foster’s
comments are argument. I wouldn’t allow them in front of a jury.” He pointed at the empty jury box. “But we don’t have one.
Overruled.”
Scott handed documents to Morgan and the clerk, who passed them up to the judge. “This is the affidavit of Oliver Hampton, a licensed private investigator who interviewed a number of witnesses stating that Michael Willard abused several relatives who—”
Michael jumped from his seat. “That’s a lie!”
The bailiff stepped away from the bench and pulled his Taser from its holster. Judge O’Keefe grabbed his gavel and slammed
it down. “Take your seat! Another outburst and you’ll be expelled from the courtroom and arrested for contempt of court. Is
that clear?”
Michael eyed the bailiff, then nodded and sat slowly, his eyes still full of fire.
The judge nodded to Scott. “Proceed, Counsel.”
Scott somehow appeared unruffled. “Thank you, Your Honor. As I was saying, the affidavit makes clear that Mr. Willard engaged
in repeated acts of discipline that crossed the line into abuse. He would be a danger to Simon.”
Morgan stood. “Objection. This affidavit is hearsay and presented without proper notice. I’m seeing it for the first time.”
The judge nodded. “I’m going to exclude this for the same reason I excluded the Andersen affidavit.” He shot a dark glance
at Michael. “But Mr. Willard’s behavior today does indicate that he has difficulty controlling his temper.”
Michael sat in stone-faced silence.
Scott picked up his papers. “Thank you, Your Honor. That concludes my argument.”
Judge O’Keefe turned to Morgan. “Any rebuttal, Counsel?”
“Thank you, Your Honor.” Morgan rose. “Just that I’m confident Your Honor will base your decision on the best interests of the child, which seem clear here.
The alleged danger to Simon if he lives with Mr. Willard is that he might get too severe of a spanking.
The admitted danger if he stays with the Websters is that he’ll be killed. ”
The judge nodded as Morgan resumed her seat. “Succinctly put. To be honest, I’m not thrilled with either alternative.” He
glanced from Michael to the Websters and back again, then sighed. “I’m going to grant the motion in part. Simon Legare will
be delivered to Michael Willard within twenty-four hours.” The judge’s words were a dagger in Hez’s gut. He felt Savannah
stiffen beside him like she’d been struck. “Mr. Willard will have custody Monday through Friday hereafter until there’s a