Showdown
Part 28
Carter is taken aback by what Jing-Mei is implying. He finally manages some words.
Carter:
You really have been married to Malucci for too long.Jing-Mei:
What do you mean?Carter:
Because that is exactly the hair-brained, spontaneous, wild, stupid idea he would have come up with if he were his old self.Jing-Mei:
What's wrong with it?Carter:
Where do I begin? First you want to play grab and dash with two small kids if by some small chance you lose custody of them. You can appeal the decision but if you run off with the children, you won't stand a chance in hell of ever getting them back when the authorities catch up with you.Jing-Mei:
IF they catch up with us.Carter:
That's my second point. Just how in the hell far do you think you will get with two small boys, one of which has chronic asthma, and a terminally ill wheelchair bound husband. The boys are not going to want to leave their dogs behind so you'll be taking them with you and as for you, you're a high-risk pregnancy. You will not only be jeopardizing their health, but yours and the baby's too.Jing-Mei:
We'll figure out a way if it comes down to that.Carter:
And if you are caught, what do you think that will do to your family. Even if Abel Malucci doesn't get custody of the boys, neither will you. They will go into foster care again. You and Dave will be charged with a double kidnapping, although, I think Dave could probably get off by mental defect. You will be taking the full rap for it all. They may even be able to charge you with kidnapping Dave. Kidnapping is a federal offense. If found guilty, you'll go to jail for the rest of your life, Dave will probably be institutionalized and you'll never see the boys or the new baby. Is that what you want?Jing-Mei:
No, it's not what I want. I want things the way they were. I want people to leave my family alone and let us get on with our lives. (starts to cry) I want my husband healthy and strong and my babies back.Carter walks over and holds Jing-Mei.
Carter:
All that stuff will happen, you just have to believe it will. But you just can't go off half-cocked on some crazy plan. Let's just see what happens tomorrow.Jing-Mei:
So, I guess this means you aren't going to help me?Carter:
With anything but this.Jing-Mei:
You're right. I shouldn't have asked you to get involved. There's no reason why you should go to jail, if they found out you helped us. I just don't know what else to do?Carter:
Go to your doctor's appointment and we will figure something out, I promise.Jing-Mei:
Thanks John, you're a good friend.Jing-Mei kisses a sleeping Dave's hand and then gets up and is escorted to her appointment by Carter.
Later that day, Jing-Mei arrives home. She heads into the kitchen and turns on the light to find Mrs. Peterson sitting at the table in the dark.
Mrs. Peterson
(startled): Oh, Jing-Mei. It's you.Jing-Mei:
Didn't mean to scare you. I thought you would have been asleep along time ago since there aren't any children keeping you awake.Mrs. Peterson:
No, believe it or not, it's too quiet. I can't sleep. I really miss those two little guys.Jing-Mei:
Yeah, they can be noisy but when their gone...let's not talk about it. So, are you feeling alright. You look distressed.Mrs. Peterson:
I'm fine. I was just sitting here thinking.Jing-Mei:
Oh, so uh... Dave was glad to see Mr. Santini?Mrs. Peterson:
Yes, I think so. Dave didn't say much to him though. I don't think he knew what to say.Jing-Mei:
But Mr. Santini said that he got to talking and lost track of time. Oh, I see. Mr. Santini did most of the talking and Dave just nodded his head like he usually does when he's at a loss for words.Mrs. Peterson:
Something like that. Actually, Salvatore and I did the talking---with each other.Jing-Mei
(sitting down with her cup of coffee): What did you find to talk about? Sorry, that's none of my business.Mrs. Peterson:
That's alright. In fact, I'd like your input.Jing-Mei:
Sure, but the way I'm thinking tonight, I may be the last one you would want to ask for advice.Mrs. Peterson:
Okay, here it is. Salvatore asked me out.Jing-Mei almost chokes on her coffee as she forces herself to swallow it.
Jing-Mei:
You mean on a date?Mrs. Peterson:
I think that's what they're still called. It's been a while. You can thank your husband for it, too.Jing-Mei:
What's Dave got to do with this?Mrs. Peterson:
They say Italian men are the most romantic and he decided to try his hand at matchmaking.Jing-Mei:
Really. Dave got Mr. Santini to ask you out? That little devil.Mrs. Peterson:
In a matter of speaking, he did. He was our Cupid, I guess you can say.Jing-Mei:
So, that's what you meant about keeping his arrows in his quiver. Had a hard time figuring that one out. What do you know about that? So, what did you tell Mr. Santini?Mrs. Peterson:
I told him I'll have to let him know. What do you think?Jing-Mei:
I think you should go for it. Do you like Mr. Santini?Mrs. Peterson:
Yes, I do. He's very nice, not bad looking and a real gentlemen. And we both have our love for Dave and your family in common. I just don't know...it's just a little too soon, you know what I mean.Jing-Mei:
A little too soon after your husband's passing, right.Mrs. Peterson:
I don't want to disgrace his memory.Jing-Mei:
I can see your point. But, I'm sure he would want you to go on and have a life. I know that he was your one true love...Mrs. Peterson:
That he was. No one will ever take his place.Jing-Mei:
I don't think Mr. Santini would want to anymore then you'd want to try to take the place of his late wife, but you both obviously clicked so there may be a spark there. You deserve to be happy, both of you. We all deserve to be happy.Mrs. Peterson:
What about you, Jing-Mei? If, god forbid, something happened to Dr. Dave, would you go on with your life after a proper time of mourning?Jing-Mei:
I guess I would. The boys would need a father or at least another male figure in their lives and I would sure want some companionship. I think Dave would insist upon it. As I would want him to find someone, if I were gone. But, none of that is going to happen because everything is going to work out for us. The children will be coming home with us, Dave is going to get well and stay well, we are going to remarry and have our third child and live happy ever after.Mrs. Peterson raises an eyebrow to her friend.
Jing-Mei:
Yeah, I know what you're thinking- in my dreams. I'm trying this new positive attitude out. You're right. I don't believe a word of what I just said, but I'm trying too. I'm getting off the subject. So, are you gonna go out with him. I think you'll make a wonderful couple.Mrs. Peterson:
I'm still undecided. I'll sleep on it and let Salvatore know in the morning. Enough about my problems, you didn't tell me how the test went today.Jing-Mei:
Not good. There's a chance that he could be Dave's uncle and he's going to do anything and everything to get his hands on my children and that's not going to happen. I'll kill him first.Mrs. Peterson:
You don't mean that. You're not the violent type.Jing-Mei:
Hmmm. John's right. I am starting to think too much like my hot-headed husband. Oh, I didn't tell you the good news yet. Rusty's back at the center.Mrs. Peterson:
He is. That's great. You must be thrilled.Jing-Mei:
I am. Well, I'd be more thrilled if both boys were back home where they belong but I am glad that Antonio's not alone anymore. It makes this whole mess a little easier knowing that they have each other and I made sure that they would never be split up again.Mrs. Peterson:
That's terrific. How come Rusty's back? He and his foster parents clashed.Jing-Mei:
Kind of. Rusty was scared of them and their place. He kept to himself, didn't eat and even wet the bed.Mrs. Peterson:
Rusty? A big boy like him...wet his bed.Jing-Mei:
It's really not that unusual. A new, strange environment can be very unnerving for a little kid.Mrs. Peterson:
Was he like that when he first moved here with you and his papa?Jing-Mei:
No, he wasn't. I guess subconsciously he felt safe and loved and was very relaxed when he was here. Besides, he was here with Dave's sister and he knew his Aunt Sophie wouldn't take him and leave him in a place that would be dangerous for him. I don't think he will have that problem now that he's at least back in the company of his brother. Well, I think I'm going to turn in now. Have to get up early for court tomorrow.Mrs. Peterson:
That's right. Good luck.Jing-Mei:
Thanks, I'm going to need it.The next morning, Jing-Mei, Mrs. Peterson and Mr. Santini appeared at the courthouse. Shortly, after their arrival, Ms. Glasgow showed up with the departmental lawyer. Before they were called into the courtroom, Mr. Tran joined his client. The bailiff called all the parties in. They took their seats in front of the honorable Judge Jason Applegate. As the doors started to shut Abel Malucci arrived. The judge heard the state's side first.
Judge:
Will Ms. Glasgow take the stand?State Attorney:
State your full name and occupation for the court.Ms. Glasgow:
Helen Glasgow, social worker for the Chicago Department of Child Welfare.State Attorney:
And how did you become involved in this case?Ms. Glasgow:
A young boy orphaned after a gas explosion was at the ER of Cook County General Hospital. I was called in to find suitable living arrangements for him.State Attorney:
How did you come to know Dr. Chen?Ms. Glasgow:
Dr. Chen was convinced that the child was the same little boy she had given up for adoption right after birth.State Attorney:
And was she the child's mother?Ms. Glasgow:
According to a DNA test that was taken, she was.State Attorney:
Go on. What happened next?Ms. Glasgow:
Dr. Chen wanted custody of the boy back now.State Attorney:
Why? After she had clearly gave him away.Ms. Glasgow:
She said when she had the child, Tei, that she wasn't fully prepared to be a mother...State Attorney:
What changed now?Ms. Glasgow:
She was now married to another doctor with two other children.State Attorney:
That sounds plausible. Why wasn't she given custody of the boy?Ms. Glasgow:
I felt in my professional opinion the atmosphere where the child would be subject to live wasn't adequate.State Attorney:
But there were already two children living there?Ms. Glasgow:
I realized that and I put a stop to it.State Attorney:
And that's what brings us here today, your honor. No further questions.Mr. Tran stood in front of the social worker now and paced for a few minutes.
Mr. Tran:
You said you thought the atmosphere wasn't suitable for the child, why? What was wrong with the living arrangements?Ms. Glasgow:
Nothing was wrong with the house, it was the people or person that he would be living with?Mr. Tran:
Person, meaning Dr. Dave Malucci. You didn't like him from the very start, did you?State Attorney:
I object. He's drawing a conclusion.Judge:
Relax, this is only a hearing. I will allow the question and instruct the witness to answer it.Ms. Glasgow:
No, that's not true. I mean, I didn't know Dr. Malucci personally---it's just once I got to see him, I realized he wasn't father material.Mr. Tran:
What do you mean "father material". You mean he wasn't what was typically expected as a father---a conventional father.Ms. Glasgow:
Something like that.Mr. Tran:
And because Dr. Malucci didn't meet your expectations of the ideal father, you not only prevented his adoption of the young boy, Tei, but you took his own two children away from him. Let me ask you, Ms. Glasgow, what about Dr. Malucci didn't you like?Ms. Glasgow:
He has the mentality of a five year old. Certainly he could not be a proper father to children if he acted younger and more immature then them.Mr. Tran:
But Dr. Malucci's personality wasn't the real reason why the children were removed from their home. You don't put children in protective custody because their father's personality is childlike.Ms. Glasgow:
That was part of the reason but you're right. I learned that Dr. Malucci was abused as a child and I know from experience that abuse runs in the family. I wanted to make sure his filthy habits weren't inflicted on those children.Mr. Tran:
I want to have the witness' final remark stricken from the record.Judge:
So be it. Tell me Mrs. Glasgow, how did you come to know about Dr. Malucci's past.Ms. Glasgow:
I read all about it in his medical records.Judge:
How did you come to see Dr. Malucci's private records.Ms. Glasgow:
As part of my job as a social worker, I am required to investigate all people who a child is to have contact with in the home, should they be placed. So, I have a friend who works in medical records retrieve them for me.Mr. Tran:
When the children were removed from the house and taken into your custody, I assume they were examined.Ms. Glasgow:
That's routine. Yes, they were.Mr. Tran:
And what were the results of those physicals.Ms. Glasgow remained silent.
Mr. Tran:
If you will be instruct the witness to answer, your honor.Judge:
The witness will answer the question.Ms. Glasgow:
The smaller boy, Antonio, has acute asthma but aside from that both boys seemed to be in good health.Mr. Tran:
If I may, your honor, according to the center's physician report, it states that both Russell Angelo and Antonio Grant were in EXCELLENT health and are two of the healthiest looking boys they have ever seen. It also states that in their experience of examining abused children, that they conclude that these two children have never been abused in any way. Given that, you still kept the boys away from their parents.Ms. Glasgow:
It was only a matter of time before he started abusing the children.Mr. Tran:
Why, because he was by his father? I'm Chinese and we have some very strict traditional ways passed down from generation to generation. Just because there are things my parents did when I was growing up doesn't necessarily mean I will carry on the traditions. That's the way they were raised and tried to raise me the same way but I decided a long time ago that I was going to be the person I wanted to be, not who they wanted me to be, just like Dr. Malucci. I have no further questions.The next witness up for the state was Abel Malucci. He took the stand.
State Attorney:
For the record, state your name and occupation.Abel:
Abel Malucci and I own the Sicilian Style Italian Restaurant in Little Italy.State Attorney:
What is your relationship to the two young boys in question?Abel:
Their father is my nephew. His father was my brother, Vincenzio.State Attorney:
I want to offer up into evidence, your honor, documents to prove Mr. Malucci's identity. Have you ever met your nephew before?Abel:
Sad to say, I haven't. But I am willing to build a relationship with him in time.State Attorney:
Where is your brother?Abel:
Unfortunately, my beloved brother was killed while trying to break up a fight. He hated so much when people fought. He was so against violence.Jing-Mei, Mr. Santini and Mrs. Peterson flinched at Abel's statement. All three shook their heads in disbelief.
State Attorney:
Why do you think you would be a better father for the two boys then their own father?Abel:
I make an excellent living and can provide well for them. I want you to know that if I get the little children, I won't have any objections against their father visiting with them.State Attorney:
Thank you, Mr. Malucci. Your witness.Mr. Tran:
Did your father ever hit you?Abel:
My father was strict on obedience and he did rule our home with a firm hand. But he was very loving. He use to say that he only punished us because he loved us. We had to learn discipline.Mr. Tran:
Did your brother get hit more than you?Abel:
My brother was older, and a little more defiant than me. Yes, I guess he did.Mr. Tran:
Did he get hit to the point that some may call it abuse?Abel:
It was discipline.Mr. Tran:
Answer my question? Was your father abusing your brother?Abel:
He was roughed up, yes, and maybe some people would say that he was abused but I didn't think so. I guess since I grew up around Dad's temper it just seemed natural.Mr. Tran:
Exactly, you grew up around that. So, what makes us think that if you were exposed to abusive behavior that you wouldn't be a threat to the children? After all, that is what their father is being accused of.Abel:
I am able to hold my composure better and the boys would be raised to respect me in a loving manner, of course. I couldn't or wouldn't lay a hand on those innocent little children.Mr. Tran:
Where have you been all this time?Abel:
I lost touch with my brother until he was on his deathbed. He asked me to find his children and keep an eye on them. To take care of them. I just recently tracked down my nephew and learned of his situation.Mr. Tran:
And saw your opportunity to steal his children?State Attorney:
Objection!Mr. Tran:
Withdrawn. What do you think about the allegations of your brother being a child abuser?Abel:
I think my brother might have been a little rough with his discipline but abuse his kids, never.Mr. Tran:
I have in my hand a copy of Dr. Malucci's medical records sent from Italy that if read by any medical professional would undeniably state that Dr. Malucci was an abused child. What do you have to say about them?Abel:
The kid was a klutz. He was a problem child always getting into trouble, according to my brother. He fell down alot and got into more than his fair share of fights.Mr. Tran:
To save time, I'll read off a few of Dr. Malucci's childhood injuries: assorted bruises and lacerations; burns; routinely broken arms, legs, jawbone, clavicle, overdosing, dislocated shoulder, fractured skull, spinal damage, and the list goes on. At one point in the boy's life he had a metal plate implanted in his head and a rod attached to his spine. Now, these are not the kind of injuries that a child, even an out of control child, gets. These are injuries that were inflicted by a much bigger and stronger person than young David. How do you explain them?Abel:
Like I said, the kid messed with the wrong person, obvious a bigger, stronger kid then himself. Even on the off- chance that my brother might have gotten a little carried away with his boy's punishment, I'm sure the kid deserved it.Mr. Tran:
No kid, I don't give a damn how reckless they are, deserves to have done to them what that boy has. I'm through with this witness.Judge:
Has the state any more witnesses to call?State Attorney:
No, your honor. The state rests.Judge:
Alright, Mr. Tran call your first witness.Mr. Tran:
I call Dr. Jing-Mei Chen to the stand.Jing-Mei nervously takes the stand and is sworn in.
Mr. Tran:
State your name and occupation for the court.Jing-Mei:
Dr. Jing-Mei Chen Malucci. I'm an ER physician at Cook County General Hospital.Mr. Tran:
Now, tell the court how you met Dr. Malucci?Jing-Mei:
There's not much to tell. We both work in the ER and for the longest time, he's been trying to get me to go out with him. I finally did.Mr. Tran:
Why didn't you want to go out with him?Jing-Mei:
He just wasn't my type. He seemed too adolescent for me. I'm more the serious type.Mr. Tran:
How do mean "adolescent"?Jing-Mei:
Dave hardly took anything serious. Everything was a joke to him. Don't get me wrong, when he was working on a patient he was always professional. But when he wasn't working he always found time to pull a few pranks on the staff members. Dave was sort of the hospital clown.Mr. Tran:
But you finally decided to go out with him. Why?Jing-Mei:
It wasn't my idea. We were both set up on a blind date by one of our coworkers, Dr. John Carter. So, we made the best of the date and as it turned out Dave and I had such a wonderful time that we continued to see each other outside of work.Mr. Tran:
How did you feel about Dr. Malucci after your dates? Was he the way you expected him to be?State Attorney:
Your honor, what does this have to do with the case?Mr. Tran:
I'm trying to let the court establish the relationship between the Maluccis.Judge:
Continue Mr. Tran, but get to the point.Mr. Tran:
Yes, your honor. Do you want me to repeat the question, Dr. Chen?Jing-Mei:
No, once I went out with Dave and found him to be a nice guy, not exactly a gentleman, but nice all the same, I found him very easy to talk to. I think he felt the same way about me because he opened up to me, and I got the feeling he told me things he never said to anyone else.Mr. Tran:
What things?Jing-Mei:
One night in his apartment, we were horsing around and something got spilt on his shirt. He went into his bedroom to change. I walked in on him and I saw his severely scarred body. I asked him about it and he was reluctant, at first, to tell me but eventually did. He told me that his father use to get very physical with him when he was a child...State Attorney:
Objection! Your honor, we already established that Dr. Malucci was an alleged abuse victim, can we move on?Mr. Tran:
If the court would bare with me, I am leading to something here. Dr. Chen, before you went out with Dr. Malucci, what was your first opinion of him?Jing-Mei:
An overgrown child who always had to have the last word or laugh on people. But one thing struck me about Dave that intrigued me. Dave might have acted like a jerk around us but when it came to the children in the hospital, he was an entirely different guy. They loved him and he loved them back. He was very sensitive to abuse cases especially children and he got suspended from work on numerous occasions because he interfered with abused children and the abusive parent.Mr. Tran:
How did he interfere?Jing-Mei:
When the social workers couldn't prove a child was being abused, they would often send them back with their parent. This infuriated Dave. That's what happened to him when he was little and the abuse kept up. Dave was lost in the system and slipped through the cracks and he didn't want to see it happen to another child.Mr. Tran:
Now, Ms. Glasgow testified here that Dr. Malucci has the mentality of a five year old. Would you explain that to the court?Jing-Mei:
Dave acts like a child at times because...shortly after we started dating he was kidnapped, viciously beaten and left for dead. The right side of his brain was left with permanent damage. His neurologist says that he has to learn to train the other side of his brain to compensate for the damaged side. He had to learn everything over again, walking, talking, eating, taking care of himself, writing, spelling, everyday things that we take for granted.Mr. Tran:
And how's he doing?Jing-Mei:
Great. He's talking, uh well he still stutters and has aphasia, but his speech is getting better. He's starting to read and he's even learned how to write his name. He still can't walk but he will again, someday. He's got a long way to go but he's gonna make it, but he needs his boys with him.Mr. Tran:
Why is it so important for the boys to be there with him?Jing-Mei:
They're his inspiration. He wants to get better so he can be a father to them. Rusty, our older boy, he helps Dave with his reading and writing and Antonio, our eighteen month old, is learning to do everyday things right along side his daddy. Besides, my husband recently underwent his second kidney transplant and is still recovering in the hospital, which is why he isn't here today. He's doing well in that aspect, with the new kidney but his heart is extremely weak. He's on the list for a heart transplant but he has so many things wrong with him that even if he gets his new heart, let's face it...his time is limited. My husband is dying and he needs his family around him now more than ever and the boys need him.Mr. Tran:
How is Dr. Malucci around the boys?Jing-Mei:
Great. He loves them and they love him. If you keep those boys away from him permanently, you will kill him as sure as putting a bullet through his heart.Mr. Tran:
Thank you, Dr. Chen. Your witness.State Attorney:
You said that Dr. Malucci loves the children at the hospital. Love is a strong word to use. What exactly do you mean?Jing-Mei:
I know what you're thinking and it's not like that. I found out not long ago after Dave's attack, from some of the nurses on the pediatrics floor that Dave use to come up and read and sing with the sick children. He kept them occupied and gave the nurses a break from entertaining the restless kids. He's a favorite up there.State Attorney:
So, if Dr. Malucci loves children so much, why is it then that he has never laid eyes on his older son, Russell, until he came to this country to visit his "dying father".Jing-Mei:
Dave explained that to me. He said he loved his son but he just couldn't bare to be close to him because he was afraid that he would turn out just like his own father if he lost his temper. So, as painful as it was for Dave, he left Italy---his home, his sister, his baby boy and moved to the states.State Attorney:
In other words, he abandoned his child.Jing-Mei:
No, he didn't. It's true that Dave wasn't a full time father to him or even a part time one, but he did send his baby's mother support checks. Every first of the month, like clockwork the check was in her hand and in return he received pictures of his son growing up. His sister kept close ties to the boy and filled Dave in on him. Dave thought the best thing he could do for his baby was not to be there. That Rusty would be better off without him, but now since they have been reunited and spent time together, I know Dave feels different about that time and very guilty for missing out on his son's first six years. He was trying to make up for lost time, until you took his children away again.State Attorney:
If you win here today, and the children are returned to you, have you given any thought what will happen if Dr. Malucci suddenly gets scared again about being a father and decides he doesn't want the children around him.Jing-Mei:
That's not going to happen. Dave is more confident now. In fact, the day before you took the children away, he gave our baby, Antonio, a bath for the very first time and changed his diaper. He is trying real hard to learn to be a good father, it just takes him a little longer to do things. One thing about being a good father that he has down packed is that he loves those children with every fiber of his being and that's the most important part of parenting.State Attorney:
Your witness, Mr. Tran.Mr. Tran called both Mrs. Peterson and Mr. Santini up to the stand and asked them about Dave's relationship with the boys. Both gave glowing reports and then came Mr. Santini's cross examination with the state attorney.
State Attorney:
Mr. Santini, you stated earlier that you use to live in the apartment below the Maluccis back in Sicily.Mr. Santini:
That's right.State Attorney:
Were you aware of any abuse going on in the apartment above you?Mr. Santini bows his head in shame and nods.
State Attorney:
Sorry, but we need an answer.Mr. Santini:
Yes, I knew that Dave was being hit by his father.State Attorney:
How did you know?Mr. Santini:
How could I have not known. There was always yelling going on upstairs, loud noises like things getting broken and people being slammed down on the floor. Everytime I saw Dave he had a bandage on him, or a cast or a black eye. He was extremely skinny and small for his age, so I knew he went through many a night with nothing in his stomach.State Attorney:
What did you do about this?Mr. Santini:
His father wouldn't let me take the children down to my apartment and feed them. So, whenever I could I would sneak them some food.State Attorney:
Without there father knowing it?Mr. Santini:
He usually wasn't home. Sometimes he would be gone from the apartment for days at a time and when he was there he was either drunk or stoned.State Attorney:
What about the abuse? Did you do anything about that?Mr. Santini
(hesitates): No, I didn't. I should have but I was afraid.State Attorney:
So, you knew that Dave and his sister were being abused by their father and did nothing at all to help them.Mr. Santini:
I'm ashamed of that.State Attorney:
I would be too. How on earth do you sleep at night?Mr. Santini:
I hated not stepping in and save those two small, helpless children. I love them like they were my own. It was their father. He was very threatening. He had connections and if you stepped in his way, you were as sure as dead. I had a wife and three daughters that I had to look after. I did my best. I really did.State Attorney:
Your best would have been to grab these kids and get the hell out of there, but you didn't.Mr. Santini:
You don't understand. Vincenzio Malucci had a piece in every kind of business in Sicily. He would have surely found us no matter where we went and killed all of us.State Attorney:
So, your solution to it was to do nothing. Turn a deaf ear to the cries of little children to save yourself.Mr. Santini:
It wasn't just me. The whole village knew what was going on in that apartment and no one would do anything. No one would go up against Vincenzio Malucci.State Attorney:
So, you all just kept your mouths shut. Would you do it again if you had to?Mr. Santini:
I don't understand what you mean?State Attorney:
You could have helped Dr. Malucci when he was a child and didn't. So, I guess you feel as though you owe him?Mr. Santini:
I guess so.State Attorney:
So, if you did see or know that he hurt his children, would you say anything or would you cover it up to protect your friend?Mr. Santini:
Dave wouldn't hurt a child, especially his own. He's not like that. He's nothing like his father.State Attorney:
No, further questions.Judge:
Have you anymore witnesses, Mr. Tran?Mr. Tran:
No, we rest our case.Judge:
I would like to talk to several of the staff at the hospital where the Maluccis work and also to their children. So, this court is in recess for the period of one week. I will see you all here and I'll have my decision then. Court is adjourned.The judge bangs his gavel and everyone stands up. As they walk out of the courtroom, Jing-Mei spots Adele sitting on a bench down the hall. She approaches her.
Jing-Mei:
Adele, did you come to testify?Adele:
No, actually one of the court officers called me and asked me to bring the children over.Jing-Mei
(smiling): My babies are here!Adele:
They're in the judge's chambers with a court officer, now.Jing-Mei:
How are they?Adele:
Alright, under the circumstances. They miss you like crazy. How's Dave doing?Jing-Mei:
Getting better. Hopefully, they'll be discharging him soon.Adele:
The boys have been asking about him.Jing-Mei:
Tell them not to worry. As soon as the hospital springs Dave and he's strong enough we are coming over here to see the boys. I just wish Dave didn't have to see them behind the glass.Adele:
I know. It sucks but it's the court's ruling. With any luck, that will change.Jing-Mei:
It had better. I want to stay around and see the boys but I'm working tonight, so I just have enough time to go home, shower, change and visit Dave before I start my shift. Please tell the boys that I love them and I will be by to see them soon.Adele:
I will.Jing-Mei, Mr. Tran, Mrs. Peterson and Mr. Santini went one way while Ms. Glasgow, Abel Malucci and the state attorney went the other way.
Jing-Mei:
Mr. Tran, do you think we have a shot at getting the boys back?Mr. Tran:
Only time will tell, dear.On the drive home, both Jing-Mei and Mrs. Peterson remain silent. Neither knows what to say about today's events.
Jing-Mei:
Well, what did you decide about Mr. Santini?Mrs. Peterson:
I think I will go out with him, just as friends, and then we will see what happens from there.Jing-Mei:
That's nice. You two will make a nice couple, Dave thought so.Mrs. Peterson:
Dave's a sweet boy. He just wants me to be happy, but he doesn't realize that I am very happy with my life. I enjoy being around you and the boys and him.Jing-Mei:
I guess he thinks that there is something missing for you. Please don't take offense to anything he does, Dave is only trying to help. He doesn't know better.Mrs. Peterson:
He means well and maybe he's right. Maybe it is time I got on with my life. Well anyway, I'll give it a try and see how it comes out.Jing-Mei pulls into the driveway. They get out of the car and walk towards the house when they are met by two furry, barking heads up at the fence. Jing-Mei approaches them.
Jing-Mei
(patting Rascal's head): Sorry guys, it's just us.Mrs. Peterson:
They really miss Dave and the boys.Jing-Mei:
I know. Don't worry boy, Dave and the kids will be home soon to play with you. I promise. I've got to get into the shower and change so I can head back to work, could you please feed and walk the dogs and give them an extra doggie treat to make them feel a little better.Mrs. Peterson:
Sure, but wouldn't you like to rest for a while before heading out again. You look exhausted.Jing-Mei:
I'm fine. I'll get some rest during my break.Jing-Mei heads into the ER when she is approached by Luka.
Jing-Mei:
Hey, how's things going here today?Luka:
Not too busy. A school riot earlier. Four kids brought in with multiple bruises and stab wounds, all superficial. How did things go today?Jing-Mei:
Court's in recess until next week. The judge wants a chance to speak with some other witnesses about Dave and me. So, be prepared. You may get a summons to appear in court.Luka:
Whatever I can do to help, just ask.Jing-Mei:
Thanks. I appreciate that.Luka:
How's Dave doing?Jing-Mei:
I'm on my way up to find out now.Jing-Mei heads up to Dave's room and is met just outside by Dr. Kirkland.
Jing-Mei:
Hi, Dr. Kirkland. I was just going in to see him. Is that where you're coming from?Dr. Kirkland:
Yes, I was just accessing his condition. I think he's sleeping now.Jing-Mei:
I won't disturb him then. I'll come back up later to see him. How's he doing?Dr. Kirkland:
I took him off the dialysis earlier and his kidney seems to be holding its own.Jing-Mei:
That's great. That means he may get out of here soon.Dr. Kirkland:
Well, I'm going to adjust his medicine and see how he does with that. I think between me and Dr. Casin, we just want to watch him for another day or so and then we can discharge him.Jing-Mei:
You don't know happy that makes me. Dave too, I know he'll be thrilled. Do you think he'll be strong enough to visit with his children.Dr. Kirkland:
That would be up to Dave. If you'll excuse me, now.Jing-Mei debates whether to peek in on Dave before going to work. She decides to leave him be for awhile. She figures there's real no reason to wake him up, unless she has news about the boys. She'll just let him get his rest, so his strength will build up and he can get out of there as soon as possible. She doesn't want to do anything that may delay his discharge. The boys need to see their daddy as much as he needs to see them. So, she heads down to the ER, leaving word at the desk to page her if there's a problem.
Over the next couple of days, one by one the ER staff was summoned to speak with either the judge or a court office representative. They were asked about Dave's relationship with the boys and their personal observations between the two. Although their statements were different, they all meant the same thing: that they thought it was shameful and idiotic that those children were removed from the custody of their parents.
Jing-Mei stayed with Dave as much as possible trying to fill him in on the details of what was happening outside the hospital but not telling him enough that would upset him.
Jing-Mei:
The boys miss you so much.Dave:
Mmiss tthem ttoo.Jing-Mei:
And the dogs miss all of you, guys.Dave's face lit up.
Dave:
Pppuppies. Cccome vvisit.Jing-Mei:
They're hardly puppies anymore, at least not Rascal and I told you they won't let the dogs up here anymore.Dave's expression changed from joy to sadness.
Jing-Mei:
But, you'll be coming home soon and we will be one big family again as soon as we get the boys back.Dave:
Wwhere they at?Jing-Mei:
Remember, I told you that they had to go away for a while but they will be home soon.Dave:
Wwhen I gget there?Jing-Mei:
Probably not. But if you're up to it, I'll take you to see them once your sprung from here.Dave nodded excitedly.
Jing-Mei:
What else can I tell you? Hmmm...oh, Mrs. Peterson and Mr. Santini went out together the other night.Dave:
Ggood ttime have?Jing-Mei:
I think so. She was all smiles when she came home and has been since. She is constantly on the phone with him. You did a real nice job fixing them up.Dave gets this "I'm innocent" face on him.
Jing-Mei:
Don't give me that look. Mrs. Peterson told me that it was your idea. And a good one at that. You know, I don't know if I told you lately what a wonderful job you have been doing with the boys before you got sick. You have really started acting like their father and not just their friend. You're taking care of them more and showing them all the love that you've kept locked inside that big heart of yours for so long. I am so proud of you and am honored to be Mrs. Dr. Dave Malucci.Dave starts to blush and Jing-Mei lets off a small giggle.
Jing-Mei:
Dave Malucci, I never thought the day would come when you would turn totally red.Dave:
Wwe llove each oother.Jing-Mei:
Very much so and once all this mess is cleared up, we are going to throw ourselves the biggest wedding ever.The door opens and Dr. Kirkland walks in.
Dr. Kirkland:
Sorry to interrupt.Jing-Mei:
As long as your bringing us good news, it's alright.Dr. Kirkland:
I'll let you be the judge. How's going home for good news.Jing-Mei:
When?Dr. Kirkland:
Tomorrow.Jing-Mei:
Great. Did you hear that Dave?Dave
(starts smiling and clapping his hands): I ggo home to llittle ones and ddoggies.Jing-Mei remained silent. She had thought he understood that the boys wouldn't be home when he got there. She was about to explain it to him again, when she just decided to wait knowing how hurt Dave would be when he got home and his sons weren't there.
The next morning, Jing-Mei was up bright and early. Mrs. Peterson was already dressed ready to go out.
Jing-Mei:
You look very nice. I didn't know you were coming with me to pick Dave up.Mrs. Peterson:
Actually, Salvatore and I are having an early lunch and then going to the museum. That's alright, isn't it?Jing-Mei:
Of course it is. You're a grown woman and certainly don't need my permission. Go and have a wonderful time, just don't overdo it. The doctor says you still need to take it slow for awhile.Mrs. Peterson:
I will. Give Dave my love and the boys. You are going to visit them after you leave the hospital today.Jing-Mei:
If Dave's up to it.When Jing-Mei arrived at Dave's room, he was sitting up in his wheelchair all dressed and ready to roll.
Jing-Mei:
Well, it didn't take you long to get ready. Is he alright to leave now?Dr. Kirkland:
Sure, as soon as his discharge papers are signed he can go.Jing-Mei:
Dave, do you want to go straight home?Dave:
NNNO!!!! VISIT BBOYS!!! YYOU PPROMISE!!!Jing-Mei:
Alright sweetheart, we'll go. No reason to get so upset.The door opens up and in enters another visitor.
Dave:
LLLARRY!!!Larry:
How's it going, pal?Dave:
Lleaving today. Home ggoing.Larry:
I know. I heard. That's great news. How's everything going, Dr. Chen?Jing-Mei is deep in thought and doesn't hear Larry speaking to her. Finally, she responds.
Jing-Mei:
Sorry Larry. I'm fine. I was just thinking about something. Larry, could I talk to you for a minute.Larry:
Sure.Larry and Jing-Mei step away from Dave and start speaking in whispers as Dave occupies himself with the tv remote.
Dave:
Wwwow!! Llaw and Oorder, mmy ffavorite sshow.After his private chat with Jing-Mei, Larry says goodbye to Dave and leaves. It's over an hour later before Dave is finally giving his discharge papers. As soon as Dr. Kirkland hands them to Jing-Mei, Dave is rolling out of the room faster than either of them can keep up with him.
Dr. Kirkland:
Looks like his strength is coming back. I just hope his heart is strong enough. Are you going to visit your sons now?Jing-Mei:
I don't think wild horses can keep Dave away. Goodbye and thanks.Dr. Kirkland:
Your welcomed. Remember, not to do too much and I want to see you back here in a week.Dave:
Sure, llet's ggo Cchin. Bboys nnot ggetting younger.While Dave chats with some of the ER staff, Jing-Mei makes a call to Adele notifying her of Dave's upcoming visit and asks a favor of her.
Shortly after arriving at the center, Adele greets the Maluccis and gives Dave a big hug. He looks at her confused.
Jing-Mei:
Dave, you remember Adele from the hospital. She's a social worker there.Dave:
Rright. Hhello, Ddel.Adele:
Hello Dave, you look good this morning. Jing-Mei, I have everything set up as you requested.Jing-Mei:
That favor I asked is ready, too?Adele nods and escorts the Maluccis in.
Jing-Mei:
Wait one moment, Dave.Jing-Mei opens up a small, private playroom door and enters. Inside sit Rusty and Antonio. Adele moves Dave's chair over to the window and shows him his sons. The boys run over to the window when they see their dad. Jing-Mei holds Antonio up so he can see Dave too.
Rusty and Antonio:
PA...PA!Dave smiles at the boys and reaches out to them but his hand is stopped by the glass barrier. The boys put their hands up on the glass too.
Rusty:
I want to hug papa.Jing-Mei:
I know but you can't yet. I'll explain it to you later.Dave:
Ggo iin, I.Adele:
Sorry, I can't let you do that.Dave:
Why?Adele:
Uh, because your not quite well yet. You just got out of the hospital and the boys may have colds and you'll get sick again if you get too close.That response seemed to satisfy Dave but neither he or the boys were happy about their separation. Dave and the boys continued to visit until Jing-Mei saw Dave starting to get tired and decided that that was enough for today.
Jing-Mei:
Alright guys, I have to get your papa home now. He's real tired.Rusty:
We go home too.Jing-Mei:
Soon babies, soon. Now, say goodbye to your papa and he'll be by to see you later.Both Rusty and Antonio started to wave goodbye to Dave. Dave was confused again.
Dave:
Wwhat ggoing on?Adele:
I think visiting hours are over now. Jing-Mei probably wants to get you home to bed. You must be exhausted.Dave:
No, sstay. Nnot ttired. Stay.Rusty and Antonio:
Bye bye papa. We love you.Jing-Mei started to put Antonio down when Dave began banging on the glass. She could see his eyes welling up with tears and so could the boys. Then they started to cry.
Rusty
(crying): We want to come home, papa. Take us home papa.Dave
(hysterical): I want my sons. Give tthem to mme.All three continued to bang on the window until Adele was able to finally move a heartbroken Dave out of the room and helped him back into the car. Jing-Mei stayed behind and calmed the children. Before she left the center, she stopped at a door next to the visitor's room where Dave was. She opened it up and Larry came out with his video camera in hand.
Jing-Mei:
Did you get everything?Larry:
You better believe I did.Jing-Mei:
Get it over to the my lawyer, Mr. Tran right away and tell him to take it to the judge. He has to see that.On the way home, Dave remained silent. He just looked out the window and with fresh tears still in his eyes he turned to Jing-Mei.
Dave:
Fffeel bbetter nnow. Nnot sick aanymore.Jing-Mei:
That's good sweetheart, but you still need your rest.Dave:
If mme nnot ssick, hhow ccome I can't bbe with mmy kkids.Jing-Mei:
I don't quite understand what you mean?Dave:
Ddel ssaid that I ccouldn't bbe bboys nnear, ccause tthey mmake mme ssick 'ggain if tthey ssick.Jing-Mei:
Oh, well if that's what she told you, she's probably right.Dave:
II'M NOT SSTUPID. KKNOW TTHAT MMEAN PPEOPLE WON'T LLET MME NNEAR MMY BBABIES CCAUSE(bursts into tears) THEY THINK I'M GGOING TTO HHURT THEM. NNEVER I DDO THAT.Jing-Mei stops the car on the side of the road and comforts her upset, shaken husband. She holds him in her arms while he bawls uncontrollably.
Jing-Mei:
I know you wouldn't and we are going to prove it.Dave:
Hhhow?Jing-Mei:
You are going to have a nice chat with the judge and he's going to see for himself what a wonderful daddy you are.Jing-Mei takes the next turn off and heads for the courthouse. She helps get Dave into his chair and wheels him inside. She enters the reception area and up to the court secretary.
Jing-Mei:
We have an appointment with Judge Applegate.Secretary:
Your names?Jing-Mei:
Drs. Chen and Malucci.The secretary scans the judge's appointment book.
Secretary:
I don't see your names here. Must be an oversight. Why don't you leave your name and number and I'll see that the judge gets it and we can set up another appointment for you.Jing-Mei:
No, just get on the phone and tell the judge that we are here. Believe me, he's going to want to talk to us.The secretary picks up the phone and calls into the judge's chambers. She tells the judge who's here to see him and then hangs up.
Secretary:
Have a seat. He'll see you in a minute.Jing-Mei:
That's more like it. Come on, sweetheart.Jing-Mei and Dave settled down in the waiting area and occupy their time with a magazine. Jing-Mei points to the words and Dave reads them. As they wait, the door to the judge's chambers opens and out walks a familiar face.
Jing-Mei:
Capt. Amos, what are you doing here?Capt. Amos:
How are you Dr. Chen?Jing-Mei:
Fine. Never thought I would run into you here.Capt. Amos:
I heard what the state did to you and the kids and I had to come down and put in my two cents. I think it's atrocious that they took those sweet little boys away from you and that's what I told the judge. I don't know how much good I did, but I had to do something. Couldn't stand around and let them do that to such wonderful people.Jing-Mei:
Any help is greatly appreciated. We can use all the help we can get.Capt. Amos:
I certainly owe it to you after the botched way I handled this investigation. If I would have done my job right, those bastards would have never got to Dave again to cause this grief.Jing-Mei:
You're doing the best you can. I realize it's not an easy job with the little evidence you have. How's the case going?Capt. Amos:
Slow, but I'm not giving up until we find the son of bitches that hurt him. Hello, Dave. I heard you've had it pretty rough lately. How are you feeling?Dave looks up from his magazine.
Dave:
You mmy ffriend, rright.Capt. Amos:
I'd like to think I am.Dave:
Ii okay. Wwant mmy boys back.Capt. Amos:
You'll get them. Just like I'll get the freaks who hurt you.Dave:
Eeventually.Secretary:
Dr. Chen and Dr. Malucci, the judge will see you now.Capt. Amos:
I'll get out of your way. It was good seeing you.Jing-Mei:
You too, captain. Could you wait just one second? I need to speak with you.Dave:
Bye, ffriend.The captain takes a seat as the Maluccis enter the judge's chambers.
Judge:
This must be Dr. Dave Malucci, that I heard so much about. Please Dr. Chen have a seat.Jing-Mei:
Dave, this is Judge Applegate. He just wants to talk to you. Try to relax. He gets really nervous when he meets new people.Judge:
That's understandable. I still do too. I may not appear to be but I'm a very shy person. Always was, I think that's why I became a judge so that I would have a lot of contact with people, good and bad, and that would help me get over it. So, don't worry, I just need to ask you a few questions.Dave:
Ookay, jjudge. Ii can do tthat.Judge:
Dr. Chen, would you mind stepping outside I want to talk to your husband alone first.Jing-Mei:
Not at all. Dave, just stay here and answer all the judge's questions the best you can.Jing-Mei went back out to the waiting area and joined Capt. Amos.
Jing-Mei:
Thanks for hanging around. The judge wants to talk to Dave alone.Capt. Amos:
No problem. I get off in 15 minutes anyway. What's up?Jing-Mei:
I need your help. Could you investigate someone if I gave you a name?Capt. Amos:
Who?Jing-Mei:
Abel Malucci. He's the man who's trying to take my babies away from me. He's claiming to be Dave's uncle.Capt. Amos:
And you don't believe him.Jing-Mei:
He took a DNA test and that said there's a possibility that he could be but there's something strange about him. I have this feeling and I don't like it.Capt. Amos:
Technically, I can't investigate anyone without just cause.Jing-Mei:
There is just cause. If he is Dave's uncle, his father's brother, then Dave and my family could be in grave danger especially if he gets the boys.Capt. Amos:
I'll see what I can do.Back in chambers, the judge stares at Dave making him feel even more uncomfortable. Dave is staring down at his hands as he twiddles his thumbs.
Judge:
Are you still nervous?Dave:
Yes, wwhen you ggonna ask mme questions? Tired.Judge:
I won't keep you long. I know you just got out of the hospital. Why don't you tell me about your boys?Dave:
Tthey ffriends mmine. Tthey ffunny.Judge:
Really. How are they funny?Dave
(looking at the judge): They pplay wwith our doggies and get into trouble. The older oone ttaught Razzal how to push mmy wwheelchair. Tthey pplay games with Davey.Judge:
What kind of games?Dave:
Vvideo ggames and blocks. Chin ssays tthat...helps my hhand-eeye coornation and rreading. Iii ddon't rread ttoo well yet, sso I ssing tto bbed them at night.Judge:
They must really like that?Dave:
Yeah, Ii ddo ttoo.Judge:
Do you help take care of them?Dave:
Iii ddo nnow. Chin sshowed me how to give baby bath and change hhis ssmelly ddiaper. (starts to laugh) He ssquirted mme wwith hhis wwinkie.Judge:
That'll happen if your not quick enough.Dave:
Ccchin ssays that too. Aare you ggoing to give mme back bboys to hhome take?Judge:
I'm working on doing what is best for the boys. You agree that's what should be done, right?Dave nods.
Dave:
Yyes. Tthey nneed mme and Chin. Mmy ppuppies mmiss them too.Judge:
Well, you obviously have a special relationship with them. Dr. Malucci...Dave:
Ddavey. My name Dave.Judge:
I'm sorry. Dave, do you love your sons?Dave:
Yeah, more tthan my oown llife. They are my life, my llegecy. They gonna grow up to be ggreat men. Ii wwant hhelp tthem.Judge:
You didn't get much love or guidance from your own father, did you?Dave panics and starts to squirm. He grabs his ears and squeezes his eyes tightly shut.
Judge:
Take it easy, there. I'm sorry. I didn't know how upset he made you, but from what I heard. It's okay. I won't ask you anymore about him. He's hurt you didn't he?Dave nods frantically and then starts to calm down a bit.
Judge:
Alright, I have only one more question for you? What do you think about Abel Malucci?Dave:
Who he?Judge:
He says he's your uncle. He is, isn't he?Dave:
Ddon't know. Never hhim met bbefore.Judge:
Tell me Dave, how is your therapy coming along?Dave:
Llearning I'm to walk again and rread and wwrite. Melanie ssays mmy wwords get twisted up, bbut tthat's ookay.Judge:
Who's Melanie?Dave:
Mmy tteacher and Llarry hhelps mme wwalk. Ttthey ggreat.There's a small tap on the door.
Judge:
Come in.Jing-Mei:
Are you ready for me, your honor?Judge:
Actually, I don't think I'm going to need to speak with you. I've got all the information out of Dr. Mal...Dave.Jing-Mei:
We can leave then?Judge:
Yes, go home and take care of your husband. He's a fine young man. I'll call Mr. Tran and let him know when I made my decision.Jing-Mei:
Thank you, your honor. Bye til then. Say goodbye, Dave.Dave holds his hand out to the judge.
Dave:
Bye, honor yyou.Judge:
Goodbye, and it was nice meeting you Dave.Jing-Mei takes Dave home and he is quickly greeted by the dogs which brings a big smile to his face. He plays with the dogs but he can feel that there's is still something, rather someones missing.
The next couple of days, Dave stays in bed except when he goes to visit his sons. Several ER staff come by to visit him but he continues to mope in bed. He and Jing-Mei don't do much talking.
Jing-Mei:
Are you ready for lunch?Dave:
Gguess sso. Wwhere's mmommy?Jing-Mei:
She's out with Mr. Santini.Dave:
Aagain. (pause) Feed mme.Jing-Mei:
Yes, your majesty.Later that afternoon, both Larry and Melanie come over to start working with Dave again. He refuses.
Larry:
Hey Dave, I thought you liked your therapy.Dave:
Do, nnot nnow. Ggo way.Melanie:
Maybe he's still too tired for physical activity. Why don't we work on your reading skills.Melanie puts a book on his lap and Dave promptly pushes it to the floor. Rascal jumps up on his bed and Dave cuddles him.
Dave:
Lleave me alone.The two therapists walk into another room with Jing-Mei.
Larry:
I've never seen him like this before.Jing-Mei:
I want to apologize to the both of you. Please don't take him serious. He misses the boys very much and Mrs. Peterson is always out with Mr. Santini so all he does is mope and sulk. He won't even let me near him, just the dogs. Until his boys come home, I don't think we are going to get much activity...(the phone rings) out of him. Excuse me.Jing-Mei picks up the phone. She gets a scared look on her face and then hangs up.
Melanie:
Dr. Chen, are you alright?Jing-Mei:
Fine or at least I hope to be soon. That was my lawyer. The judge has made his decision.To be continued. Please read and review.
