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Hopeful, but Wary

By Anonymous

Short version: We're home. I think it went well. I know it didn't go badly. We'll have a decision in 30 days.

Long version: JP took Landon to Maya's this morning (one more bonus day with the babies for him!) while I got ready. He returned home an hour later and I was still not dressed - absolutely nothing in my closet fits. I tried on every suit I so proudly purchased for my firm job 1L summer and they looked ridiculous. I could pull them down without unbuttoning them, and I just couldn't have my pants falling down in court. Thirty minutes later, and 5 minutes after we were supposed to leave, in the deep recesses of my closet I found a cheap brown suit from the Juniors section of Macy's 6 years go, threw it on, and we ran out the door. There was traffic, parking was impossible, and we raced to the building to meet our attorney a few minutes before the hearing. While it was a little crazy and I might have snapped at JP while driving through downtown, I think all the rushing and throwing of clothes all over the bed kept my mind off the impending hearing.

We met with the lawyer representing DCFS and the administrative law judge who would be hearing our case. It always amazes me how informal much of law is, especially in an area like this where the same lawyers see each other over and over again. Our "court room" turned out to be a conference room and we gave our testimony from a folding chair at the front. The only witness from DCFS was our investigator (Dr. K declined to come and just wrote a statement reiterating her earlier report saying Landon's injuries could only be caused by intentional abuse; it was barely even mentioned in the hearing since it didn't agree with DCFS's theory or ours). I was excluded from the investigator's testimony so I sat in the hallway and edited my cyber law paper. When she left the room she asked how Landon was and said "I hope you win this thing," which was nice. JP later told me that her testimony helped us more than them because she emphasized that anything done was playful and unintentional and there was no proof of anything.

I came back in the room for my testimony. I swore to tell the truth and then immediately panicked that I had forgotten all the details and doctor appointment dates and would end up lying under oath on accident. Our lawyer asked me questions, the DCFS lawyer cross-examined, our lawyer followed up, and then I was done. You know how on TV shows and movies you yell at the witness to "STOP TALKING" and just answer the question because he's just hurting his own case? (or is it just law students who do that?) Well, turns out, it's really hard to stop talking; especially when you're innocent because you want to show that you're open and honest and have nothing to hide and see, look I'm just volunteering information over here! I was only moderately successful at answering only what was asked, but I tried and I don't think it mattered much. The DCFS attorney did her job of defending her client, but she wasn't overly zealous about it.

JP then testified, was cross-examined, and answered a few follow-ups from our attorney. There were some short closing statements and we were done. Our lawyer emphasized the fact that while we don't know what happened to Landon, that doesn't mean that JP should be indicated. The "theoretical" possibility that tossing a baby in the air could break ribs is not "proof by a preponderance of the evidence" and there is absolutely nothing else in the record to support their decision to indicate him over anyone else who had contact with Landon. Our lawyer thought things went well and said he'd call when he got the decision. The DCFS attorney and judge wished me luck on the bar exam, and we walked out the door.

And because the court room (conference room) was on State Street we went to Macy's to use up the last of my gift cards on lunch and I bought a pair of capris so I'd have something to wear all summer that fit. JP is taking a nap, Landon is playing with his baby friends, and I'm about to start another paper. I think we both secretly expect the indication to be expunged but we're afraid to say it, so our official statement on the day's events is: "we'll see." But I have to admit, it's a hopeful "we'll see."

Full post as published by Lag Liv on May 14, 2008 (boomark / email).