Forgotten Witness (24 page)

“Well, then. All this is well and good on the surface.” He put his pen down. “Since you are an attorney, Ms. Bates, you understand that the court must consider many things before a ruling is made. Not the least of which is the current status of this woman and her history. Unfortunately, the record is not going to guide me in any significant way.”

He opened the court file and pulled out a piece of paper.

“The only thing in this file is the order of guardianship making her a ward of Ha Kuna House. There is no indication that she has family, what her mental and/or physical conditions were at the time of her commitment, or who requested it. It is very possible she was lucid enough to request it herself which, of course, would throw a wrench into your petition. If Emily Bates wished to commit herself, then we would need her to testify that she now wishes to change her status and assign you guardianship. That would be very unusual indeed. As you can imagine, if the lady were coherent enough to understand these proceedings, wouldn’t she prefer to be independent of a guardian? So, what we have here is a duly authorized order of guardianship signed in January of 1987. Where did you last see your mother?”

“At Fort Hood in Texas. We were stationed there. My father was in the service,” Josie said

“Molokai is a long way from Texas,” the judge noted. “Was she ill previous to that date?”

“Not that I know of, Your Honor.”

“And how did you find her at Ha Kuna House? Well?”

“Well cared for,” Josie answered.

“And her response to your appearance?” Judge Mohr probed.

“She didn’t know me, Judge,” Josie admitted. Beside her, Stephen moved. He raised one hand, one inelegant finger, and cleared his throat.

“The women had very little time together before the administrator felt it best that we leave, Judge. It was a rather upsetting discovery for Ms. Bates, as you can well imagine. Mr. Reynolds, the administrator, was concerned for the welfare of Emily Bates. He was to contact his superiors regarding the situation, but it’s been a number of days since we first became aware of this situation and we have heard nothing. Our attempts to reach out to Mr. Reynolds for permission to see her again have been rebuffed. We have only been advised that the situation is being considered. This causes my client concern and puts Emily Bates in limbo.”

“I see.” Mohr said.

“And that, sadly, brings us to the court for a resolution. If you could please tell us who signed the order, we will be happy to work with that person,” Stephen suggested.

“Judge Iona signed the order and that’s the extent of our documents. Things were simpler back then, but there still should have been more here.” Judge Mohr flipped open the green file. “Copies of the petition for instance and doctors’ reports at the very least. We are simply going to have to muddle through and try to reconstruct events. It will be difficult given the amount of time that has passed, but we must proceed in the letter and spirit of the law.”

“Perhaps, Your Honor would be kind enough to recuse yourself in favor of Judge Iona.” Josie stood and addressed the court, surprising the judge and annoying Stephen.

“Judge Mohr, my apologies. Given the personal nature of this matter, I believe Ms. Bates finds it difficult to restrain herself despite the excellence of her representation.”

Stephen clicked forward from the waist with a courtly bow. Whether the gesture was one of apology or designed to regain the spotlight was unclear.

“Understandable, Mr. Kyle,” Judge Mohr assured him as he plucked up the one sheet of paper that was in the folder. “I would actually be quite happy to shoot this right along to Judge Iona, but last I heard she was retired and living in Vermont with her daughter. There is an initial that I imagine to be a doctor’s, but that’s really all the information I have. I will have to assume that this assessment was acceptable to Judge Iona, and that Ha Kuna House was deemed an appropriate venue. Do you have some reason to believe that it is not an acceptable place for the lady?”

“We have seen the facilities and everything seems to be in order,” Stephen answered. “However, we are concerned about the lack of on-site medical assistance. Should weather turn, it would be impossible for Ha Kuna administrators to get doctors in from Maui or, if a specialist was needed, from the mainland. Mr. Reynolds was unwilling to provide even the slightest information regarding the condition of Emily Bates while we, who had only seen her for less than an hour, were aware that there are certainly mental difficulties. Ms. Bates is concerned there might be physical consequences to this condition. We do know that she is medicated twice a day, but we are not privy to what that medication is or what particular ailment it addresses.”

Stephen skirted the issue of how they knew Emily was medicated twice a day, deeming this the improper time to bring up Amelia. There was a fine line between appropriate concerns and conspiracy theories.

“There are only two aides to care for four patients at the facility. Add to this that Emily Bates has been missing from her family for twenty-seven years, and I’m sure you will agree that there are medical issues afoot. No one would voluntarily remain away from a loving family as Emily Bates has. There had to be a concrete reason for this behavior which was aberrant based on all accounts.”

“All accounts being those of Josephine Bates, your client, isn’t that correct, Mr. Kyle?”

“Certainly correct, Your Honor, since we can imagine no better witness to the state of Emily Bates’ mind before her disappearance than the daughter she doted on. As with children who the court seeks to return to the bosom of the family at all costs, so should it be when a child wishes to reclaim a parental relationship.”

“That is very nice, Mr. Kyle. A wonderful speech.” Stephen beamed at Mohr’s compliment but the judge, while appreciative of the rhetoric, was not swayed by it. “But let’s be real. Emily Bates does not know her daughter and cannot confirm any of this. That’s a little bit of a problem isn’t it, Counsel?”

“That is a thing of the moment, Judge. With time, we are certain the relationship will be re-established and recognized. Sadly, Mr. Reynolds has not only refused us information, he has barred us from the facility pending input from his superiors and, I am assuming, counsel of his own. Certainly this is an understandable initial step, but it is doubtful those people will know the circumstances of Emily Bates’ commitment anymore than you can from the minimal information in that file. Retention of care is simply a matter of business for Ha Kuna House administrators; it is a matter of honor and love where her daughter is concerned. At the very least, as a first step and a show of good faith on Ha Kuna House’s part, a release of her medical records is warranted.”

“Actually, you are wrong. Retention is a legal matter considering the existing order,” Mohr answered. “Still, I understand what you’re saying, and I am not unsympathetic to your client’s position. To your second point: release of medical records. That is also problematic. This court is reluctant to compound this confusion by directing a piecemeal release of records. All or nothing is in order. However, we are walking on shaky ground since there are privacy issues to consider. I’m not at all comfortable going there without more information.”

“It’s a Catch 22,” Josie called out. “I need access to those records to prove her need and my standing, judge, but you want me to prove my case before I can access the records.”

“Ms. Bates, please,” Judge Mohr admonished.

“Emotions are running high, Your Honor,” Stephen interjected. “But I will not apologize for that. What should be a joyous occasion is not because it appears Ha Kuna House is concerned that we are litigious. We are not. We simply don’t want to run in circles. Our hand was forced.”

Judge Mohr pointed his finger at Stephen.

“Had Ha Kuna House packed up Emily Bates and sent her off with your client it would not speak well of their concern for her or their liability. I applaud them, Mr. Kyle. There is no information as to why Emily Bates was committed to their care. Conversely, I have no concrete evidence from Josephine Bates that would compel me to overturn this order. I’m sure that is clear to you. Now that we have that straightened out, the question becomes this: how will we proceed? The answer is, we will take baby steps to insure the appropriate outcome and protection of Emily Bates’ privacy and person.”

Mohr sat back, shook out the wide sleeves on his robes, and picked up a pen.

“First, a county social worker will be assigned to assess the situation and make recommendations as they pertain to the woman’s current level of care. I will also ask for a referral of both physicians and psychologists who can conduct independent assessments of her physical and mental state. I will ask the social worker to also conduct a background on Ms. Bates.

“Simultaneously, Ha Kuna House will be requested to provide the court with a history and all records as pertain to Emily Baylor-Bates. I will then decide which ones can be made public so as not to run afoul of federal laws and regulations. I will, naturally, entertain any documentation that will support Ms. Josephine Bates’ bid for guardianship. I don’t want to be inundated with paper, Mr. Kyle. Make sure everything you send to this court is appropriate to the question at hand. That will include, but not be limited to, proof of familial association, affidavits of character from someone who knew the family and Ms. Bates as an individual, and any records from authorities regarding her disappearance, domestic disturbances, etcetera.

“Finally, I want a plan of action from your client regarding housing, medical care, and daily care. There will have to be oversight and, should Ms. Bates want to take her mother out of our jurisdiction, I want to know exactly where she is taking her along with all contact information. If anyone else were to come looking for her, I want the record of this proceeding to be complete.”

Judge Mohr took a deep breath. That was all the time Stephen needed to take the floor again.

“In anticipation of the court’s possible reluctance in this matter, I have prepared an
ex parte
custody application.”

Judge Mohr let out a long, low breath that turned into a nod to his clerk who collected the paperwork and delivered it to the bench.

“An
ex parte
application is not to be taken lightly, Mr. Kyle. There can be consequences that are sometimes not in the best interest of the person in question. I do not see any supporting affidavit that Emily Bates is in danger of immediate and irreparable injury should the current situation continue.”

“I can subpoena one of the aides at Ha Kuna House who feels sure that Emily Bates should be removed from the institution,” Stephen said.

“Wouldn’t we have saved a lot of time if you’d just brought her today?”

“She is rather a reluctant witness, Your Honor.”

“But obviously concerned enough that she offered you some reason to believe that the removal of the senior Ms. Bates is urgent.”

“The assumption is based on information the lady received from a third party who was intimately aware of Emily Bates’ history.”

“Then why don’t we have an affidavit from that person?” Judge Mohr’s sunny disposition was fading.

“Sadly, he is deceased.” Stephen took a millisecond to appear to lament the witness’ passing. He was bright enough in the next as he heartily advised the court, “I would suggest that since there is no clear record of Emily Bates’ history, it is even more imperative that my client be allowed broad latitude in this matter. We are requesting generous access to her mother under an
ex parte
ruling until the court decides on permanent custody which, we have no doubt, will favor my client.”

Stephen clasped his hands in front of him. Josie cut her eyes his way. He winked and the side of his mouth turned up ever so slightly. He was sober as a judge the moment the real one on the bench responded.

“Well, Mr. Kyle, as usual you are eloquent but you fail to persuade me that an
ex parte
custody order is warranted. I have no heart to tangle with a witness who not only is reluctant but who also is a step removed from the real issue. I agree, however, that Josephine Bates should be allowed visitation while social services conducts their investigation. If there is any chance that Emily Bates’ memory can benefit by your client’s presence, we should take it. Not only in the hopes of supporting your client’s claims but of finding out if Emily Bates would have any objection to a change of guardianship. I think a reasonable amount of time will be three weeks for all reporting. Then give me another week to review the material and–”

“A month? Your Honor, I respectfully request that this matter be expedited,” Josie called but Mohr was not swayed.

“A month, Ms. Bates.” His next words were for her more than for the record. “I understand that rediscovering a parent is an amazing event and that you are eager to get on with rebuilding your relationship. However, given the minimal information I have and the fact that you are asking me to take your word that you are who you say you are, I will not make a hasty decision. It’s not only that I am legally bound to defer to the ruling of Judge Iona, I do so because it is the right thing to do. There was a reason for Ha Kuna Houses’ guardianship all those years ago. I hope we are able to determine what that reason was. I further hope that if I award you guardianship I will do so with complete faith that I have made the right decision. Is that a fair goal?”

“It is, judge.” Stephen answered for both of them knowing that Josie was still disappointed. If she had been counsel, she would have counted this a victory. She was the client and deferral felt like defeat.

“
Mai ho`okaumaha
means don’t worry in Hawaiian, Ms. Bates.” Judge Mohr offered this as he sat back in his chair indicating that the proceedings were almost at an end. “I have a feeling you will have no trouble convincing me that you are legally and emotionally the best guardian for Emily Bates, but convince me you must.”

“Yes, Your Honor,” Josie answered.

“Very well then.” Satisfied, the judge went about the final business. “Mr. Kyle. During Josephine’s visitation, should she find anything untoward or questionable that warrants immediate attention, I will expect you to contact the court. I want no manufactured crisis. My clerk will notify social services today and they will assign a caseworker. He or she will arrange for the medical and psychiatric evaluations, interview you, and go to Ha Kuna House to assess both Emily Bates and the housing situation. Please provide this caseworker with a list of contacts in Ms. Bates’ hometown so we can corroborate her good standing. I think we are done.”