Chapter 5

It was an unusual scene in the courtroom when the hearing on Calley's case arrived. Instead of a few interested parties, the courtroom was filled to capacity with well wishers, co-workers from our company and enough legal power to stop a mile long train in full motion going downhill. Whether or not it could stop the child welfare people was another question.

Jill was there, having been subpoenaed. She didn't look too happy about it. I did my best not to look at her.

The court was called to session. The judge more than a little surprised by the scene that greeted him when he walked in. He was quite used to conducting these hearings in an informal manner. Too many times they were pretty straightforward. This one didn't look like it would be.

"I don't know what all this mess is about, but we're here today to determine the best course of action concerning the welfare of one Calley Ainsely. That is the sole purpose of this proceeding and I mean to see that we determine the facts of this case. Prosecution, you may call your first witness." the judge said.

"Thank you, your Honor. The prosecution calls Jill Tanner to the stand."

Jill got up and was sworn in, stating her full name for the record.

"Miss Tanner, for the record, how long have you known the defendants."

"Objection! Your honor, this is an informal hearing. Mr. and Mrs. Irvin are not on trial here." the defense attorney called.

"Overruled. In as sense they are. Their fitness as parents is being determined. Don't try to turn this into a legal circus." the judge said.

"Yes, your honor." the defense said, not liking the way it was going already.

"Please answer the question, Miss Tanner." the judge instructed.

"I've known the defendant, Michael Irvin for over two years. I was engaged to be married to him." Jill replied.

"Alright, in your own words, would you describe the conditions which prompted you to make your accusations against the defendants." the prosecution asked.

"Yes, on the night of August fourteenth, approximately one week ago, I went to the defendants home and let myself in with a key he had previously given to me. Since returning from back east with ... Calley, Michael has been acting very strangely. He suddenly broke off our engagement and has refused to see me or take my calls. I was concerned over him, I went to his house to find out what was going on. I looked around, but I couldn't see anybody. I went into the master bedroom in search of Michael. When I got there, I was shocked to find Michael, Brenda and Calley all naked and in bed together. I asked Michael what was going on, but he told me it was none of my business and told me to get out. I left, but I reported the incident to the child welfare agency." Jill testified.

"Thank you. No further questions." the prosecution stated.

"Defense do you wish to cross examine?" The Judge asked.

"Yes your honor.

"Miss Tanner, How did you feel about Mr. Irvin being granted custody of Calley?"

"I was opposed to it. Michael gave me no warning whatsoever of the event. Yet he was granted custody based upon the assumption that we were to wed, that I would become the child's step mother."

"I see. And you didn't wish to become a step mother?"

"No, not particularly. Especially to a child I had never met."

"Okay, lets move on. When Mr. Irvin returned, did you see him right away the day he returned?"

"No, not until the night I walked in on them all naked in bed together."

"Please restrict yourself to the questions without elaborating, Miss Tanner." the judge chided.

"Yes, your honor."

"So you did not see Michael the evening he returned?"

"No"

"Were you aware he was back in town?"

"Yes."

"And how did you know that?"

"He called me when they got in and asked if I would pick him up at the truck rental agency when he took the rental truck back."

"And did you?"

"No"

"And why not?"

"I was busy."

"Doing what?"

"I don't recall."

"I see. And how long was Mr. Irvin back east?"

"About three weeks."

"Did you know when he would return? If so how?"

"Yes, he called me and told me when he was leaving."

"I see. So you hadn't seen your fiancee for three weeks and you knew he was returning to town. Yet you were too busy to see him that evening, but you don't recall what you were doing?"

"Yes".

"I see. Let's move on. Did Mr. Irvin give you a reason for breaking off your engagement?"

"Uh, I don't recall."

"You don't recall? I remind you that you are under oath."

"He was hysterical."

"What exactly did he say?"

"Something about me not supporting him."

"Over his guardianship of Calley?"

"Yes, I believe so."

"I see, which you really didn't support?"

"No."

"So was he justified in terminating the relationship?"

"OBJECTION."

"I withdraw the question, your honor. Let's return to the night you walked in on the Irvin family. Did you witness any immoral behavior?"

"They were naked in bed together! All of them!"

"I repeat, did you witness any immoral behavior? Were they engaged in any sexual acts?"

"I don't know. They were all under the covers."

"So how did you know they were naked?"

"I could see no clothing on any of them."

"You said they were under the covers. How could you tell?"

"I could see they were all bare on top. I could see bare shoulders on all three of them. I saw no evidence of bra straps on either of the ... females."

"But you did not see their lower torsos?"

"No"

"And you did not directly witness any sexual acts? As they were all under the covers?"

"No"

"What in fact were they doing when you walked in?"

"It looked like they were asleep. But they weren't. They each talked to me."

"They talked to you?"

"Yes"

"What did they say?"

"Michael told me to get out, that I wasn't welcome."

"I see. Did he inform you that he was married to Mrs. Irvin?"

"Uh, I guess."

"Did he or didn't he."

"Yes, come to think of it, he did."

"When, was this later?"

"I don't really recall"

"Wasn't it in fact contained in his first statement to you?"

"It may have been."

"It may have been. Isn't it true that in fact he told you to get out, that he and Mrs. Irvin had been married two weeks previous to that?"

"Yes, I guess so."

"You guess so?"

"Yes, alright. That's what he said."

"And your response?"

"Uh, I questioned him about the presence of the child."

"I see. And his reply?"

Jill was squirming pretty badly as she replied.

"He said she slept there."

"That's all, just slept?"

"That's what he said."

"And you didn't believe him?"

"She was naked ... she was in bed with them!"

"But you witnessed no immoral acts. You can't even say for certain that they were nude."

"no"

"I see. You stated that all three of them spoke to you."

"Yes."

"What did the child say?"

"Uh ... she said something about having picked Mrs. Irvin to be her mother."

"I see. And what did Mrs. Irvin say to you?"

"Uh ... I think she accused me of being vindictive."

"Of being vindictive? Why would she say that?"

"I told them I was going to report them to the child welfare agency."

"Which you did?"

"Obviously. Yes."

"And were you being vindictive?"

"I don't understand the question."

"It's very simple. Did you report them because you felt slighted that Mr. Irvin married his then wife Brenda instead of you?"

"No, I reported them for the good of the child."

"Who's guardianship by Michael you opposed?"

"Yes."

"I see. Lets move on. Did you know Mrs. Irvin prior to this?"

"I've met her before."

"I see. When was the first time?"

"I don't really recall. It was at some company gathering."

"When was that?"

"I don't know exactly. Shortly after I met Michael."

"So, about two years ago?"

"About."

"And how long has Mr. Irvin been employed there?"

"He told me then he had been there six years, so I guess about eight now."

"And how was Mrs. Irvin introduced to you?"

"She was the bosses daughter."

"The owners daughter?"

"Yes."

"I see. So if Mr. Irvin has been employed there now eight years and Mrs. Irvin is the owners daughter, then it is likely that Mr. Irvin has known Mrs. Irvin about eight years now?"

"Yes, I guess so."

"Six years longer than he has known you?"

"Yes."

"I see, no further questions."

Jill was shaking visibly when she stepped down off the stand. She knew she had been shown to be nothing but a vindictive, jilted woman.

"What was that all about?" I quietly asked the attorney.

"Just showing her for what she is." He whispered back.

The prosecution then called the child welfare worker to the stand. She was sworn in and stated her name for the record. Initial questioning established that Calley was quite rebellious. Using profane language at her and her co-workers. The child had not admitted to any sexual abuse from the defendants, but a medical examination had shown that she had indeed lost her virginity.

"Ms. Cravits, are you insinuating that the child entirely developed her rebellious nature and use of profanity in only three weeks time in custody of the defendant?" the defense asked on cross examination.

"No, but the defendant, Mr. Irvin had custody of her for two weeks before that."

"So he had her a total of five weeks?"

"Yes."

"Is it likely that the behavior developed in that period of time?"

"It's possible, yes. Especially if the child was subjected to severe, sexual abuse."

"Isn't it more likely that the behavior developed over a much longer period of time?"

"It is possible."

"I see. In the medical exam of the child, did the doctor who made the exam state when the child's virginity was lost?"

"Not exactly, no."

"Did he state that it was a recent injury?"

"Not specifically."

"What specifically did he state?"

Ms. Cravits now squirmed a bit.

"He stated that the child had not been a virgin for some time."

"Longer than five weeks?"

"Yes."

"So Mr. Irvin could not have been the person who took the child's virginity?"

"He may still have been. The child stated that she has known him most of her life."

"But you have no specific evidence that it was him?"

"Not specifically, no."

"Do you have any evidence to the effect that it was him?"

"No, not exactly."

"Did you ask the child if it was Mr. Irvin?"

"Yes."

"Did she admit it?"

"No, she denied it. But she may have been under extreme emotional duress to do so."

"Did you ask the child who in fact did take her virginity?"

"Not specifically, no."

"So in fact, except for Miss Tanners complaint, you have no specific evidence of wrong doing on the part of the Irvins?"

"Not specifically, no. But the child has been abused."

"But you have no evidence that abuse was performed by the Irvins?"

"No."

"I see. And what are your qualifications for your position?"

"I hold a bachelors degree in developmental psychology." she said, proudly.

"I see. Are you aware of Mrs. Irvin's education level?"

"No."

"So you weren't aware that Mrs. Irvin holds her masters degree in developmental psychology?"

The woman paled.

"No, I was not."

"Thank you. No further questions."

The other welfare workers testimony equated to much the same conclusion.

The prosecution made the error of calling the deputies who removed Calley to the stand. They didn't have much to say for the prosecution. Only that the Irvins had lawfully complied with the court order and that they had encouraged Calley to do so as well. Then the defense got up.

"Deputy, have you been assigned to take custody of many children from their parents or guardians?"

"Yes. Far too many."

"How many would you say?"

"Over one-hundred."

"I see, and was this case similar to those others?"

"No, it was very different."

"How so? Why don't you just describe the difference in your own words."

"In many cases, there is clear evidence of physical abuse. Sometimes it makes you sick the things people do to their kids. In cases where there may not be visual evidence of the abuse, the children are shy and withdrawn. They are clearly scared to death of their parents. Many of them are particularly thrilled to be taken out of the house. This was not the case at the Irvin residence. The child was clearly afraid of being taken away from the Irvins. The Irvins in fact had quite a hard time convincing the child to go with us willingly. She was clinging to her step-mother. She was crying. They all were. It was blatantly clear that none of them wanted the child to be taken, they were just obeying the law."

"I see, and this is unusual?"

"Very. I've never seen any other instance like it. The child may have been abused, but I seriously doubt it was by the Irvins."

"What are your qualifications for making these determinations?"

"I hold a bachelors degree in criminology and my masters in developmental psychology."

"Just one more question, Deputy. What is your opinion of the relationship between the Irvins and the child in question?"

"They love her very dearly. She loves them and needs them. I got the impression that they all loved and needed each other."

"Thank you, no further questions."

It was desperation on the prosecutions part, but they called Calley to the stand. She was sworn in. When asked to state her name she replied: "Calley Ainsely, but I'm going to petition to have my name changed to Irvin."

"Miss Ainsely, were you in fact in bed with the Irvins when Miss Tanner walked in, announced or not?"

Calley looked nervous.

"Yes."

"Were you wearing any clothing under the covers?"

"No."

"So you were in fact naked in bed with them?"

"Yes."

"Why?"

"Sir?"

"Why were you naked in bed with them?"

"They let me sleep with them."

"They let you?"

"Yes, I asked."

"You asked them to let you sleep with them?"

"Yes."

"Why?"

"Because for many years I haven't slept well at night. The first night I spent alone with Uncle Mike was the first time in years I haven't woken up from nightmares."

"When was that?"

"Just over three weeks ago, on the way back here. It was a long drive, so we got a motel in the middle of it."

"He took you to a motel?" the prosecutor craftily asked.

"It was a thousand mile drive. It was safer to sleep in the middle of it. Yes, we stopped at a motel. Uncle Mike rented a room with two beds in it."

"But you didn't use the other bed?"

"No."

"Why not?"

"After dinner, we sat on the bed together and watched part of a movie. I leaned against Uncle Mike. I felt so comfortable with him, not like I had with anybody for years. Not since my mother got killed. I was so glad he had agreed to take me, I guess I started crying. Mike held me in his arms while I cried. I fell asleep that way. Instead of waking me, he pulled a cover over us and held me all night long. That was the first night I didn't wake up from nightmares. I woke up the next morning snuggled to his side. We were both still wearing our clothes."

"What did you do then?"

"That morning?"

"Yes."

"I got up and took a shower."

"Did Mr. Irvin ever see you undressed in the motel room?"

"Yes."

"Ah, When?"

"When I came out of the shower. He was asleep when I first came out, I reached into my suitcase for my clothes. I guess the noise woke him up. I looked down and he had just opened his eyes. He was still facing as he had while he was asleep."

"But he was looking at you naked?"

"I guess, I was halfway dressed when I noticed he was awake."

"What did he do?"

"He apologized and turned away."

"And?"

"I don't follow."

"What did you do?"

"I told him I wasn't shy about my body and finished putting my bra on."

"Why did you tell him that?"

"Because he looked real embarrassed about seeing me that way."

"Lets go back to the night Miss Tanner walked in. You were naked?"

"Yes, I've said so."

"Why were you naked?"

"I like to sleep that way. I don't like clothes on at night. They feel like somebody holding me down."

"Ah. Has anybody ever held you down?"

"Yes."

"Who?"

"My father."

"Mr. Irvin?"

"No, my birth father. Nick Ainsely."

"He held you down?"

"Yes."

"Has Michael Irvin ever held you down?"