Razing Kayne

FOURTEEN



Kayne sat at the stop light, staring at the sign over the office doorway he’d just watched Jessica walk through, followed by Cody a moment later. A family law office.

It had been another sleepless night. He'd taken the 300 Road, an unpaved forest control road that crossed the top of the Mogollon escarpment, passing through a Keystone forest made up primarily of Ponderosa and Pinon Pine to a quiet little spot nearly a hundred miles from any major light source. He'd lain in the back of his truck in the pitch black of night, staring up at the stars, trying to clear his mind. The heavens had been dripping with light, something people from the city never got to experience.

Over and over, memories of his family played through his mind as he struggled to put the pieces together. Try as he might, nothing added up, unless...

Unless Oksana hadn't killed their children. And yet, he'd seen her standing over their bodies. For f*ck’s sake, she'd apologized before she shot herself.

Goddamn her!

If she hadn't done it, why would she leave him alone to try and pick up the pieces of such a horrific tragedy?

So f*cking alone.

But the night held no answers, only more questions, and, when morning encroached, he hiked to Myrtle Pointe, climbed out on the rocky outcropping, and sat with his feet dangling over the edge as he watched the sun crest the mountains. Awed by the majestic view as light chased shadow across hills and over hollows, through the valley more than two-thousand feet below, he sat there, finally realizing he wasn't alone anymore. He'd found Tasha, and with her, a desire to live.

In that moment, he'd also thought he might have found something more, if he could just figure out how to reach out to Jessica. But sitting here, watching first Jessica, then Cody, walk into that attorney's office, he realized she obviously didn't feel the same.

A car horn sounded behind him, forcing him forward. He glanced at the clock; it read 8:05am. She hadn't wasted any time seeking out an attorney, and she'd chosen to side with Cody over him. Damned if that didn't hurt more than Kayne cared to admit.

Jessica had made her choice, and oh Christ, jealousy was an ugly bastard. He couldn’t stand the idea of Cody being close to Jessica, much less touching her. The thought made his gut clench. Which was absolutely ridiculous.

He told himself not to panic, that surely there was a reasonable explanation, and yet divorces and child custody fights didn't happen in church. The realization that Jessica might try to keep him from his daughter cut deep. Betrayal tasted bitter on his tongue, scorched down his throat into a pool of acid that ate at him from the inside out.

He'd planned on heading home, showering, and then contacting the detective in Santa Barbara to let him know Tasha had been found, which would bring in the FBI, because she'd been taken across state lines. Whoever had done so had to have some knowledge of his children’s murder. It was the only answer that even remotely made sense. Kayne also planned to find out why the diamond's serial number had never been entered into NCIC.

Christ, Tasha had been so close to being returned to him, so damned close. But someone somewhere had dropped the ball. He needed answers before he spoke with Jessica. He needed to know what his rights were. Was he going to have to sue for visitation with his own daughter?

Jessica had home field advantage. She'd grown up in Payson, and worked in law enforcement. In a town this size, that pretty much guaranteed she knew most of the legal community, which meant they knew her. So, it stood to reason that even if all things were equal, they'd side with her. He had to find out about the adoption laws. Surely there was a protection clause for kidnapped children. He had to have some rights to see his daughter, didn't he?

The best place to start was at the courthouse. He suspected the files would be sealed, but perhaps someone in the law library could answer some general questions.

Kayne made a right at the next intersection and pulled up to the small, two-story building that housed several county agencies, including the Gila County Superior Court.

The desk clerk smiled up at him. “Officer Dobrescu, are you here for court?”

“No, actually I needed some information. It's a personal matter.” He glanced at the people waiting to see the judge. A personal matter he didn't want the whole town knowing about.

“Well, let me buzz you back.”

He merely nodded his thanks and walked through the door when he heard the magnet release.

Kayne made his way into the small law library, nodded at the guy in the suit making copies who made eye contact. Kayne didn't recognize him, but figured him for an attorney or a judge. Thankfully, the room was otherwise empty, except for the clerk. A willowy, strawberry blonde with a girl-next-door face sprinkled with a charming dose of freckles, Janet was her name, he thought.

“Officer Dobrescu, what can I do for you?” She leaned forward, her interest a little too friendly for his taste. Especially today of all days.

Kayne folded his arms over his chest. “I have some questions about adoption law.” And thank you, that had her shifting away from him.

“Oh, are you and your wife thinking of adopting?” She eyed his left hand. The one that had been ring-free since the day he buried it with Oksana.

“No, not exactly.” He tried for a friendly smile. “I'm just curious how the whole process works. I mean, once an adoption is final, is it permanent? Or can it be reversed for any reason?”

“No, in Arizona once the parents sign away their rights, it's pretty much a done deal. They can't just change their mind. Unless they can prove consent was given under fraud or duress, that is.”

Kayne rubbed his chin thoughtfully. “What if the parents didn't sign?”

“Were the kids taken away by Children's Services?” she asked.

He shook his head. “I believe the baby would have been considered orphaned or abandoned. At least that's what Children's Services thought, but the child had actually been abducted from another state.”

The copy machine stopped working, and the man turned to Kayne. “That's a whole different issue.” He held out his hand. “I'm Brian Ellis, attorney. I couldn't help but overhear your conversation.”

Kayne accepted his handshake. “Kayne Dobrescu, State Trooper.”

“Highway Patrol doesn't usually get involved in such things. They’re normally handled by the locals or the Feds.”

Kayne’s body vibrated with nervous energy. “You've dealt with this type of stuff before?”

“Not here. I'm new to Payson. I retired from Phoenix—well I guess you could call it retiring. I opened up practice here after twenty-seven years as a Judge. Mostly family court.”

Yes! “I could sure use some advice. When would you have time to sit down and talk, in private?”

“I have a few minutes now. My last case was rescheduled. Truth is, I'm still pretty new, and this town seems unsure of newcomers.”

“Tell me about it.” Kayne sighed. It was a huge factor in all of this, Kayne realized. Damn, he didn't want to fight her for visitation.

They found an empty room, and Kayne pulled up a chair across the table from Brian and waited for him to pull a legal pad out.

Brian adjusted his glasses. “So tell me what's going on.”

Kayne let out a frustrated breath. “I don't have a lot of money. I can make payments, but I can't afford a large retainer.”

Brian cocked his head thoughtfully. “I take it this is a personal case. The first hour is free, so relax. Once we talk, if it's a case I think I stand a chance of winning, we'll go from there. If it's something that isn't probable, I'm going to tell you flat out. As much as I like money, I like my integrity better.”

Kayne nodded. “Okay.” He could accept that.

For the next hour, Kayne told Brian everything he knew, suspected, and feared. He told him about the death of his other two children, and Oksana's suicide, about the investigators’ belief of his guilt, all the way through yesterday's events.

Brian leaned forward. “How long has the adoption been final?”

Kayne sighed. “About a year. I think.”

“As in not quite a year, or as in just over a year?” he asked.

“I don't know.” Kayne shrugged. “Does it really matter though?”

Brian stared thoughtfully at his notepad for a long moment before meeting Kayne’s gaze. “It could make a difference. In Arizona, there’s a clause that says an adoption may be protested if there are factual errors in the adoption, but once a year has hit, then everything is considered valid and rectified. It may be irrelevant in this case, since the child was abducted, but it could give you an advantage if it comes down to a case of best interest of the child.”

“Best interest?” Kayne didn’t like the sound of that.

Brian nodded and jotted down a note. “She’s been with this Jessica Hallstatt for nearly two years, almost her whole life. A bonding specialist could argue that it would be abusive to remove her from her only known parent. However, we’d argue that she shouldn’t have been with Ms. Hallstatt in the first place, and since she’s so terribly young, transition would have far less long-reaching effects.”

“So you're saying she can't keep me from seeing my daughter?” Kayne feared to hope he understood this right.

“No, what I'm saying is she has no legal rights to Tasha. At all. If we're within the year window, we can file to vacate the adoption. We'll ask for a change of venue to get it out of Payson so that she doesn't get a sympathetic judge. We don't want her to play the dead-hero-husband, or I'm-one-of-you card. That way we’ll be on even ground if she tries for best interest. It may take a while, but we'll get your daughter back where she belongs, and you won't have to deal with this woman or her boyfriend again.”

Kayne jerked back in surprise. “Wait, that's not what I want. I mean, I want my daughter, but I don't want to hurt Jessica. Tasha has grown up as Gracie Hallstatt to this point. She shares a room with a sister. She has siblings and a mom who love her dearly.”

Brian furrowed his brows, a look of confusion on his face. “If her life is so great, why are you trying to disrupt it?”

“She's my daughter! I didn't give her up, she was taken.” Kayne slammed his hand on the table. “I want to be in her life. I need to be in her life.”

Brian smiled a dangerous smile. “Then that's what you have to remember. You don't get to have it both ways. This isn't some divorce where you can share custody. In this case, it's either or. You get her back or Jessica keeps her.”

Kayne knew he was right. Whoever held custody decided everything from visitation to where a child lived, attended school, and associated with. Kayne needed that control. Perhaps he really was a selfish bastard, but knowing his daughter was alive, safe, and loved wasn’t enough. He needed to be in her life.

Brian promised to do some snooping. “I’ll locate the original case. While it’s technically sealed, I can find out when it was filed and finalized, and then proceed from there.”

Kayne nodded. “That seems fair.”

Brian’s gaze was intent. “Be prepared for this to move fast. Judges don’t like to sit on these types of cases. Every day a child stays with one party keeps them from bonding with the caregiver they belonged with.”

Kayne dreaded asking the next question. “What about your fees?”

“I’m not charging you for this.”

Brian chuckled when Kayne just stared at him in disbelief.

“Look, I could lie to you and tell you I’m doing it pro-bono for purely altruistic reasons. But the fact is, this is a once in a lifetime case. I’m too old to worry about making a name for myself, but I’d be lying if I said this wasn’t what any petitioning attorney would consider a dream case.”

Kayne swallowed hard, trying to dislodge the lump in his throat. “Thanks.”

With an assurance that Brian would file an Order for Paternity by day’s end, Kayne headed home.

He thought he'd feel better having put something into motion, but the reality was it had left him with a heavy heart. He didn’t want to upend anyone’s life, but he would not walk away from his daughter. At this point, all he could do was wait for Brian to call and advise him of their next step. In the meantime, he had phone calls to make. Starting with a detective that made the belligerent hose-monkey look like Kayne’s best friend.

***

Jess had mixed feelings as she walked out of her attorney's office. The adoption had been finalized for exactly one year as of midnight tonight. After five o'clock today, when the courts closed their door, no one could protest the accuracy of the adoption. That was the good news.

The bad news: In short, Child Protective Services had dropped the ball. They hadn't posted notification and severed parental rights. They'd just assumed Gracie's parents had been the man and woman in the car with her that night. They hadn't searched missing persons databases, tried to locate a birth certificate...and the list went on and on.

But, even if every ‘I’ had been dotted, every ‘T’ crossed and the year had long since passed, it still might not matter. Bottom line: Ultimately, it would be up to a judge to determine Gracie’s fate. Her attorney's final advice, one that Cody had belligerently railed against, was that Jess should work out an acceptable joint custody/visitation agreement with Kayne. Once paternity was established, of course. Jess was still beyond furious with Cody for showing up and insinuating himself in the meeting. She didn’t give a damn if he’d been the one who originally hired this attorney and his partners to deal with Jarred’s case.

She needed time to think. Alone, away from Cody. She didn't understand his obsessive need to run roughshod over this situation. He sure as hell wasn't helping matters. Or at least didn't seem to be. But every time she steeled herself to tell him he needed to stay away, he'd drop a reminder about all the times he'd been there for her, about how he'd ensured she had the life she was currently living, instead of one full of struggle and uncertainty without Gracie. So she’d held her tongue and hoped she wouldn't regret it.

***

Jess stood in her front doorway, watching the car pull away late that afternoon, unable to make her mind process the papers she held in her hands.

Court decrees.

The first was an order to establish paternity. The judge was giving her twenty-four hours to present Grace to the nearest lab for a paternity test. That, Jess would readily agree to, since she was still holding onto the hope that this was all some horrible mistake, and they'd discover Gracie was not Kayne’s daughter. Surely this was nothing but a series of unfortunate coincidences.

The second order, however, nearly brought Jess to her knees. It was a petition contesting the adoption and seeking immediate custody of Gracie upon confirmation of paternity.

The son of a bitch was trying to take her baby away. Oh, God. She couldn't breathe.

“Maddy, watch the kids,” she managed to choke out to her ten-year old daughter before racing to her room.

Somewhere in the back of her mind she knew she should call someone, but she barely managed to make it to her bathroom before she threw up. After, she collapsed to the ground in a heap of sobs. How could Kayne do this? Didn't he realize how many lives he'd tear apart by taking Gracie away? Didn't he care?