“One bad decision on a summer night changed everything for both my client and the Farradays. Although Zachary Farraday had promised to be the designated driver at a high school drinking party, he failed to keep his word and became inebriated. His twin sister, Mia, also drank all night. And so, tragically, Alexa offered to drive the Farradays home. It was less than a mile away.
“In the crash, Mia was killed. At the time, I counseled Alexa to plead not guilty and fight for her freedom, but Alexa is a deeply moral young woman with a profound sense of right and wrong. So she pled guilty and went to prison, hoping her incarceration would help atone for her mistake.
“She didn’t know then that she was pregnant. Originally she planned to give the baby up for adoption, but Zach surprised her by offering to raise their daughter. She was so grateful and so guilt ridden over Mia’s death that she agreed to give Zachary full custody.
“In prison, Alexa earned a bachelor’s degree in sociology, and she hopes now to get a master’s degree in social work, so that she can help other teenagers who face difficulties in their lives.
“She is a wonderful young woman, and I have no doubt that she will be an exemplary mother to her daughter. The state has a strong interest in reunification of mothers and their children. In this case, it is absolutely clear that my client has substantially changed her situation and deserves to be reunited with her daughter.” Scot touched Lexi’s arm, said, “Thank you,” and they both sat down.
Across the aisle, Bill stood up. In the small courtroom, with its dull walls and scuffed floor, he was an imposing figure, with his expensive gray suit and stern profile.
“There can be no adequate cause to modify the parenting plan here. Ms. Baill went to Purdy for DUI vehicular homicide. A class-A felony.” He paused, looked meaningfully at Lexi. “Purdy, Your Honor. That’s less than an hour’s drive from Pine Island. She did not have to be cut off from her daughter’s life. She chose not to be a mother. When Zachary Farraday wrote her letters about their daughter—even sent pictures—Ms. Baill sent the envelopes back unopened. She wrote no letters to her daughter and made no phone calls. Throughout the entire duration of her incarceration, she never once attempted to communicate in any way. A former cellmate of Ms. Baill’s—a Cassandra Wojocheski—will testify that Ms. Baill told her point-blank that she never intended to see her daughter.
“It’s hardly surprising, this lack of a mothering instinct in Ms. Baill. Her own mother was a felon and a drug addict. For all we know, Ms. Baill has a drug problem herself.
“In conclusion, we ask that the custody agreement remain in place. Ms. Baill is not a fit parent, and her circumstances are not significantly changed from the time when she voluntarily relinquished custody of her child.” Bill nodded once and sat down.
The commissioner tapped a pen on the desk.
Lexi could hardly breathe for anticipation. Bill’s words had loosened a poison in her bloodstream. She could feel it burning through her veins.
“We have adequate cause to move forward here,” the commissioner said. He opened the laptop on his desk and made a few keystrokes as he peered at the screen. “We’ll set a trial date of April 19, 2011. Does that work for counsel?”
Both attorneys agreed.
“A year?” Lexi whispered. “That can’t be—”
“Hush,” Scot said sharply.
The commissioner went on. “Until then, let’s move on to the motion for temporary order to begin reunification. I’ll appoint a guardian ad litem to investigate the issues and interests herein and to report the finding to this court.” He flipped through some pages. “I’ll appoint Helen Adams. If she has a scheduling conflict, I’ll let the parties know. And now, to the temporary plan. Mr. Jacobs?”