Lost Boy

by my own patronus

In September 1999, Pam and James Anderson's world was shattered when their youngest son, Blaine, was abducted from a local park. 12 years later, after pain, healing, and tireless searching, the family is reunited. But the boy who comes home to them isn't the same one they lost so long ago. The Anderson family must learn to change and grow as a lost boy is found once more.

26. Chapter 13

A/N: this one's a little different. bear with me, I promise next chapter will give you everything you want!

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CRIMINAL PROCEEDINGS

IN AND FOR THE COUNTY OF PHILADELPHIA

No. G206DEC0612

THE PEOPLE OF THE COMMONWEALTH OF PENNSYLVANIA, Plaintiff,

vs.

MARILYN ANGELA WALKER, Defendant.

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TRANSCRIPT OF PROCEEDINGS

EXCERPT

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APPEARANCES

FOR THE PEOPLE: NATHAN L. GUNTHER, District Attorney

FOR MS. WALKER: CHARLES N. RINER, Public Defender

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WITNESS INDEX

WITNESSES FOR THE PEOPLE:

Blaine Anderson (John Doe)

Dr. Edward Wolfe, PhD

Pamela Anderson

James Anderson

Dr. Jackson Terry, PhD

WITNESSES FOR THE DEFENSE:

Dr. Emily Porter, MD, PhD

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PHILADELPHIA, PENNSYLVANIA

WEDNESDAY, FEBRUARY 6, 2013, 9:30 AM

MR. GUNTHER: I'd like to call Blaine Anderson to the stand.

BAILIFF: I'm going to ask you to stand and raise your right hand. You do swear by Almighty God, the Searcher of all hearts, that the evidence you shall give this court and Jury in this issue now being tried shall be the truth, the whole truth, and nothing but the truth and as you shall answer to God on the last great day.

BA: I do.

BAILIFF: You may be seated.

THE COURT: Mr. Gunther, your witness.

MR. GUNTHER: Can you please tell the court who you are?

BA: Um, my name is Blaine Anderson. But I grew up thinking I was Peter Walker.

MR. GUNTHER: What is your date of birth?

BA: Um, July 20, 1995.

MR. GUNTHER: Okay. Let's go back to September of 1999. You were four years old, correct?

BA: Yes, sir.

MR. GUNTHER: Can you tell us where you were living at the time?

BA: In Philadelphia.

MR. GUNTHER: Do you recall who you were living with at the time?

BA: Um, I, kind of. I've remembered more lately, and my parents and the news has helped fill in the blanks. I lived with my parents and my older brother. But I don't remember a lot of it.

MR. GUNTHER: That's quite all right, Blaine. Do you remember September 20, 1999?

BA: Yes.

MR. GUNTHER: Please tell us what you remember about that day.

BA: Well, I don't remember a lot but I remember playing in a park when my mom came up to me. Um, I mean, Marilyn Walker. I didn't know who she was, then, but she seemed nice, and I followed her. She told me she wanted me to build a house for the fairies that lived near her. But then she told me to get in her car, and I got scared. She - I don't remember if this was still September 20th.

MR. GUNTHER: That's fine, Blaine, please tell us what happened next.

BA: She drove me and I remember crying a lot. Um, we went to a hotel I think, and when we got to the room I wanted to call my mom. But she - I think she hit me. And she said she was my mom and I was Peter. She kept driving and when we finally stopped, we were at an apartment in Sacramento. I mean, I knew later that it was in Sacramento.

MR. GUNTHER: Were there any other times that you remember Ms. Walker hitting you? Or being violent towards you?

BA: I think so. She shoved me into the wall when I wouldn't call her mom once. When I was really little she would lock me in the bedroom when she had to leave the apartment. And she scared me sometimes. She would shout about her being my mom and me being Peter until I started being Peter.

MR. GUNTHER: What do you mean by 'until I started being Peter'?

BA: When I stopped fighting her and talking about how I missed my mom and dad. I started responding to the name and calling her mom.

MR. GUNTHER: Why did you never try to get away or tell anyone who you really were?

BA: I did, at first. That's why she locked me in the room. I picked up the phone one day to try to call my mom and I shouted to the neighbors that she wasn't my mom. She told them I was upset about having to move and I guess they just accepted that. But once I started being Peter, I also started forgetting Blaine. I was only four at the time. I don't think most people remember a lot from before they're four. So once I got older and she gave me more freedom, I'd forgotten.

MR. GUNTHER: How do you know this now?

BA: Since summer 2011, when the police took her away and I was reunited with my family, I've started going to therapy. I also started having a lot of dreams, nightmares really, and they're all memories of before.

MR. GUNTHER: Your Honor, Ladies and Gentlemen of the Jury, we have DNA evidence that proves that Mr. Anderson here is not Marilyn Walker's son, as she tried to pass him off for twelve years. Now Mr. Anderson himself has told you about the traumatic months he spent with her when he was a four-year-old child. She scared him so much that he chose to become a different person and forget his old life so that she would accept him. Mr. Anderson, did you ever think there was anything wrong while you were living with Ms. Walker?

BA: No, everything seemed normal. Marilyn was more overprotective than all my friends' parents, but she told me about a fire that we had both been nearly killed in in Philly and said that was why she was so protective. So I didn't really think about it when she wouldn't let me get my learner's permit or sleep over at friends' houses. She said she loved me and I loved her. I thought I did. I thought that's what love was supposed to be like.

MR. GUNTHER: Mr. Anderson, the defense will say that Ms. Walker was not in her right mind when she took you. But you were there. Did you ever worry that Ms. Walker was not in her right mind?

BA: She had periods where she was fine, but sometimes I would notice the signs. She wouldn't sleep or she'd sleep all day, she'd lose her job, she'd become clingier, she'd get scary like I said earlier. But she always seemed to know what was going on and who I was - or, who she thought I was.

MR. GUNTER: Last question, Blaine. What impact have Marilyn Walker's actions had on your well-being?

BA: Um. I mean, she took me away from my home and my parents and my brother. So that wasn't very good for my well-being. And growing up, she took care of me, and loved me in her way. But when I found out that she had taken me, had kidnapped me, it was really bad. I didn't know my own family, and I had to completely uproot myself to be with them and learn who they were. I've been in therapy ever since. Earlier this year, I mean, last fall, I started having nightmares, memories, and I wasn't getting enough sleep. So I'm doing better now, but I wasn't for a while.

MR. GUNTHER: Thank you, Blaine.

THE COURT: Mr. Riner, your witness.

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PHILADELPHIA, PENNSYLVANIA

THURSDAY, FEBRUARY 7, 2013, 9:00 AM

MR. GUNTHER: Can you please introduce yourself?

DR. WOLFE: My name is Edward Wolfe.

MR. GUNTHER: Are you a doctor?

DR. WOLF: Not a medical doctor, but I do have a PhD in Psychology.

MR. GUNTHER: Can you please provide us with a brief description of your education, professional background, and qualifications?

DR. WOLFE: I received my Bachelor of Sciences degree in Psychology and Neuroscience at Indiana University in 1980, and my PhD at the University of Michigan in 1987. My internship was at a private practice in Ann Arbor. I have worked in private practices and psychiatric hospitals since my graduation. I became a licensed trauma psychologist in 2000, and I opened up my practice in Columbus, Ohio, in 2004. I specialize in family therapy, Cognitive-Behavioral Therapy, and trauma-focused treatment.

MR. GUNTHER: Dr. Wolfe, can you please tell us how you became acquainted with this case?

DR. WOLFE: The Anderson family began seeing me several months after Blaine returned to their care, in October 2011. I have continued to follow-up with their care, though our initial services concluded several months ago.

MR. GUNTHER: Can you please provide a summary of your work with the Anderson family?

DR. WOLFE: I provided them with family therapy and also coordinated services and delivery with Blaine's individual therapist. In collaboration, we diagnosed Blaine with Adjustment Disorder and Post-Traumatic Stress Disorder. In family therapy, I worked with Pam, James, Blaine, and, occasionally, Cooper, on adjustment to their new family dynamics and navigating the aftermath of trauma. I mostly used Trauma-Focused Cognitive Behavioral Therapy, but I do not stick to only one modality and often will change my approach based on the individuals.

MR. GUNTHER: Thank you, Dr. Wolfe.

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PHILADELPHIA, PENNSYLVANIA

THURSDAY, FEBRUARY 7, 2013, 3:00 PM

MRS. ANDERSON: Marilyn Walker's actions in 1999 had a lasting effect upon my family. She didn't just cause harm to Blaine when she took him away from us. She caused harm to all of us. Blaine's older brother, Cooper, had to cope with losing a brother. I can't deny that my husband and I also became withdrawn after Blaine was taken from us. After losing his brother, it probably seemed like Cooper was also losing his parents. While we were able to continue with our lives, we were never able to move on. The grief was always present.

And that's not even considering the other impact that Marilyn Walker's actions had on our family. After she kidnapped our child, the police turned their suspicions to my husband and myself. We were ostracized and villainized in our time of need. Both my husband and I were impacted at work, and our son was bullied at school as well. Our lives were turned upside down in every way and we were not able to properly mourn or seek justice. Ms. Walker did something unspeakably horrible to my family and while I can move on and grow now that we have been reunited, I can never forgive her for what she did and took from me.

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PHILADELPHIA, PENNSYLVANIA

THURSDAY, FEBRUARY 7, 2013, 3:00 PM

MR. ANDERSON: My wife has already shared the emotional toll that Marilyn Walker's action took upon my family. Her actions could have destroyed all of us, Blaine included. While I am grateful that he was safe and looked after while she had him, that doesn't change the fact that the best place for a child to be is with his real family. And the best thing for a family is to be whole. We were denied not only the joys of raising our son, but also all the struggles. We never got to get frustrated about math homework, or hear him slam his door and tell us he hated us for grounding him. We missed out on so many school plays, birthday parties, and Christmas mornings. We are so grateful that we have been able to experience so many wonderful moments over the last eighteen months since our son was returned to us, but that can never replace everything we missed.

I understand that Ms. Walker experienced an unspeakable loss when her son and family died. But I have no sympathy for her, as she then chose to put that same grief and loss on the shoulders of another family when she chose to take our son from us. Your Honor, there is nothing that Ms. Walker can do or say to change what she has done and taken from us, or how I feel about that.

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PHILADELPHIA, PENNSYLVANIA

FRIDAY, FEBRUARY 8, 2013, 12:30 PM

MR. RINER: Please state your name and relationship to this case.

DR. PORTER: My name is Dr. Emily Porter. I am a psychologist who has been working with Ms. Marilyn Walker since December 2011.

MR. RINER: Dr. Porter, you completed a Psychological Evaluation of Ms. Walker in May 2012. Can you please tell the court about the evaluation?

DR. PORTER: The psychological evaluation consisted of a clinical interview as well as a number of personality and psychological assessments. I also conducted collateral interviews to collect more information about Ms. Walker's personal, medical and psychiatric history. The testing I conducted included the Minnesota Multiphasic Personality Inventory, the Personality Assessment Interview, the Million Clinical Multiaxial Inventory, and the Beck Anxiety Inventory. All of these have been thoroughly validated and are frequently used by professionals for purposes of evaluation and diagnosis. I have been specifically trained as well to interpret the results. They are standardized instruments but do rely on self-report, which can be a limitation. Most notably, in my interpretation of the PAI, the Personality Assessment Interview, Ms. Walker's scores indicated that she didn't answer in a completely forthright manner, that she did not recognize personal limitations and minimized problems in functioning. This indicates that she attempted to portray herself in a positive manner in certain areas, but does not invalidate the results. It simply requires cautious review of the results, and I did make sure to cover this in supervision. I did not note any other concerns in response style that would distort the findings of the other instruments administered.

MR. RINER: Can you share your findings with the court?

DR. PORTER: Results did indicate pathology in certain clinical areas including impulsivity, anxiety, depression, problematic behaviors, and undue suspiciousness. Based on these results, I did conduct other testing to ensure that I was accurately diagnosing and treating Ms. Walter. This included PHQ and PCL testing for depression and PTSD. Ultimately, I diagnosed Ms. Walker with comorbid Borderline Personality Disorder and Bipolar Disorder. These diagnoses encapsulate the symptoms of anxiety, depression, and trauma that I also observed. Based on this, I developed a treatment plan which included talk therapy and pharmacotherapy.

MR. RINER: Can you please tell us what Borderline Personality Disorder is?

DR. PORTER: The Diagnostic and Statistical Manual of Psychological Disorders defines Borderline Personality Disorder as "A pervasive pattern of instability of interpersonal relationships, self-image, and affects, and marked impulsivity beginning by early adulthood and present in a variety of contexts."

MR. RINER: Were you able to access Ms. Walker's medical records from before your involvement?

DR. PORTER: Yes.

MR. RINER: Did Ms. Walker's prior records align with your findings?

DR. PORTER: Ms. Walker's records reflected that she had been treated for various mental health conditions dating back to the early 1980s, including a diagnosis of Bipolar Disorder in 1992. However, she had never undergone psychological testing to the same extent, so the diagnosis relied mostly on self-report.

MR. RINER: Your Honor, Dr. Porter has completed extensive psychological testing on Ms. Walker. That, combined with Ms. Walker's medical history that is in the record, should prove that at the time that she kidnapped Blaine Anderson, she was not acting in her right mind. She was unable to appreciate the nature of the wrongfulness of her actions.

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PHILADELPHIA, PENNSYLVANIA

MONDAY, FEBRUARY 11, 2013, 10:30 AM

MR. GUNTHER: Can you please introduce yourself?

DR. TERRY: My name is Dr. Jackson Terry.

MR. GUNTHER: Can you please provide us with a brief description of your education, professional background, and qualifications?

DR. TERRY: I attended the University of Pennsylvania for my undergraduate degrees in psychology and criminology and obtained my Ph.D. at Georgetown University. I worked in private practice in Washington, D.C. for several years before I moved to Philadelphia and opened up my own practice. At that time, I also began postdoctoral training to become a forensic psychologist. I received my American Board of Professional Psychology Specialty Certification and my certification from the American Board of Forensic Psychology in 2004. I have also acted as an Expert Witness in this jurisdiction, as well as back in Washington, DC, and Arlington County, Virginia.

MR. GUNTHER: Your Honor, based on Dr. Terry's experience and credentials, I request to have him certified as an Expert Witness by The Court. He has provided evidence in the CV which I distributed to yourself, the jury, and the Defense that he has the specialized knowledge to act in this capacity.

THE COURT: Dr. Terry is certified as an expert witness. Mr. Gunther, proceed.

MR. GUNTHER: How did you become associated with this case?

DR. TERRY: I was appointed by the Philadelphia District Attorney's office to analyze the information presented in the case, regarding both Blaine Anderson and Marilyn Walker, and to provide my professional opinion.

MR. GUNTHER: Dr. Terry, can you please provide the jury with a summary of your findings regarding this case?

DR. TERRY: I conducted a series of interviews with Blaine Anderson and his family to assess mental status and the impact of the abduction and later reunion on his functioning. I was asked to ensure that he was psychologically fit to present live, rather than recorded, testimony as well. I found no contradictions to Mr. Anderson's fitness to present before the Court. Mr. Anderson did experience a significant trauma, as evidenced in earlier testimony, but has solid support and services in order to assist him in his recovery from the events that caused his trauma.

MR. GUNTHER: Blaine Anderson's psychologist testified earlier that he diagnosed Blaine with Adjustment Disorder and PTSD. I'd like to talk with you now about trauma. Would you consider both the abduction at age four and the reunification at age 15 to be traumatic events?

DR. TERRY: Oh, certainly.

MR. GUNTHER: What impact does trauma like that, specifically the abduction at such a young age, have on a developing child?

DR. TERRY: Trauma can have multiple impacts. It can result in cognitive delays, impaired emotional regulation, disrupted attachment patterns, and it certainly carries on into adulthood. Drs. Felliti and Anda conducted a study in Adverse Childhood Experiences, or ACEs, in the 1990s, which has shown the long-term impact of childhood trauma on adult physical and mental health and development.

MR. GUNTHER: Can you please tell The Court how the Adverse Childhood Experiences study relates to Blaine Anderson?

DR. TERRY: Yes, sir. When it comes to the Adverse Childhood Experiences, the ACEs, Blaine's score is higher than his older brother, Cooper's. I used Cooper Anderson as a comparison for what Blaine's score could have been if he had been raised in his biological family's home, but of course, they still could have had wildly different experiences in the home. However, there are certain areas where the kidnapping is directly responsible: Blaine was raised in a home where one parent was absent and a previous caretaker, while being one he never knew, was deceased. Additionally, he was forcibly removed from the home of his family of origin and from Ms. Walker's home. While many see this event as a good thing, it is still important to remember that that was all Blaine knew as a home at the time, and thus the removal was just as traumatic. And his primary caretaker was mentally ill and was arrested. All of these contribute to his higher ACE score. Dr. Nadine Burke-Harris in San Francisco has conducted groundbreaking research that expands upon the original ACE study and I have consulted with her on occasion. My formal recommendation is that Blaine's physicians vigilantly monitor for any adverse health effects, including but not limited to asthma, which is a common cooccurrence among children with high ACE scores and histories of trauma. His psychologist presented evidence of adverse mental health effects, which is to be expected when considering the longevity and intensity of the trauma Blaine suffered.
My professional opinion is that Mr. Anderson was physically and mentally impacted by the trauma of his childhood. He is lucky to have a supportive, patient, and loving family who can help him heal now, but there will always be some lasting effects of the trauma he suffered as a young child, and again as a teen.

MR. GUNTHER: Thank you for your assessment, Dr. Terry. I have just a few remaining questions. How familiar are you with the study of memory?

DR. TERRY: When I was first appointed to this case, I reached out to colleagues at the American Psychological Association who have been involved in studies regarding the intersection of memory and child abuse. I did a significant amount of research on the topic, and also had extensive supervision with Dr. Johnson at Columbia University, who was a member of the Working Group on Investigation of Memories of Childhood Abuse.

MR. GUNTHER: Dr. Terry, Blaine Anderson previously testified that, since returning to his biological parents' home, he has had dreams and memories of his early time with Marilyn Walker. Are these memories credible?

DR. TERRY: In short, yes. The most current research indicates that most people's memories start as early as age three to three and a half. This indicates that it is very likely that Blaine Anderson could have memories of the time of his kidnapping and even prior to then. The members of the Working Group concluded that it is possible for long-forgotten memories of abuse to be remembered. They did acknowledge the creation of pseudomemories, though based on my interviews with Mr. Anderson and his providers, I do not see direct evidence that this likely happened. Both Dr. Wolfe and Mr. Patterson acknowledged in their notes that they used non-leading questions. I was also able to interview Ms. Walker as another source of information. As many of these memories happened over a decade ago, there is little third-party evidence available, but all that does exist also suggests that Mr. Anderson's memories are credible.

MR. GUNTHER: Thank you, Dr. Terry. No further questions, Your Honor.

THE COURT: Your witness, Mr. Riner.

MR. RINER: Thank you, Your Honor. Dr. Terry, in the course of your work on this case, you also had time to evaluate Ms. Walker, is that correct?

DR. TERRY: Yes, that is correct. I conducted three interviews with Ms. Walker once she was transferred to the correctional facility in Pennsylvania.

MR. RINER: And what was your role in this investigation?

DR. TERRY: The District Attorney requested that I assess Ms. Walker to determine her capacity to stand trial. I was also asked to review her history to determine if it was possible that her mental capacity was impaired at the time that she abducted Mr. Anderson.

MR. RINER: What were your findings in these two areas?

DR. TERRY: Based on my interviews with Ms. Walker, I determined that she does possess the mental capacity to stand trial. Unfortunately, I cannot assess her mental capacity at any time other than the present. Based on her medical records, I did determine that she was likely under an immense amount of stress in September 1999 due to untreated mental health disorders, her mother's recent death, and the anniversary of her father, sister, and son's deaths. However, there is no evidence to suggest that she was incapable of caring for herself or others. In fact, her ability to raise Blaine Anderson and keep his true identity a secret for so many years suggests that she possessed mental capacity, was making decisions without impairment, and understood the nature of her actions.

MR. RINER: Thank you, Doctor. No further questions.

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PHILADELPHIA, PENNSYLVANIA

WEDNESDAY, FEBRUARY 13, 2013, 4:30 PM

THE COURT: Will the jury foreperson please stand? Has the jury reached a unanimous verdict?

FOREPERSON: Yes, Your Honor.

THE COURT: Please read your findings.

FOREPERSON: The jury finds the defendant, Marilyn Walker, guilty of the charges of kidnapping a minor.

THE COURT: Ms. Walker is scheduled for a sentencing hearing on Tuesday, March 12, 2013, at 9:30 AM. The jury is thanked and excused. Court is adjourned.

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A/N: Sadly, a lot of the formatting was lost on FFN. I've posted it in the formatting of proper transcripts on tumblr for those interested.

Also, there is no Monday interlude next week. I promise, with how long chapter 14 is, you won't even notice that it's missing.