Chapter 15
"Your Honor, there has been a series of gross misconducts in the removal of Calvin Stabler from his home," Matthew Green spoke up at the hearing two days later.
"Your Honor the family is trying to whitewash this proceeding," the attorney for Social Services, Miss Sarah Lance, argued.
"All right, one step at a time. Mr. Green if you would be so kind as to enlighten the court as to what you mean?" Judge Reynolds asked.
"Of course your Honor, thank you. I'd like to call the financial documents illegally obtained by the babysitter into question. Yes, the babysitter was allowed to enter the home but my clients still had a right to privacy. She opened their mail, made copies of bank statements, and then fed these statements to a third party whom she has refused to disclose. It is theft, pure and simple. The commission of a crime in obtaining evidence that Social Services would not have had otherwise should exclude all of the financial records," Matthew explained.
"Is this true Miss Lance?" The judge looked at the attorney who was seated next to Calvin.
"Your Honor, the state has yet to charge…"
"If you would excuse me your Honor. I'd like to interject if I could," Casey said as she stood in the audience.
"ADA Novak. Very good to see you. Why are you interrupting Miss Lance?" Judge Reynolds wanted to know.
"We have in fact charged the babysitter, Mindy Smith, with larceny. Besides stealing financial records we also have her fingerprints on the illegal listening devices that were found throughout the apartment. Needless to say, more charges are pending," Casey explained.
"I see. Well it seems that all the evidence of parental misconduct was found only through a series of felonies. Therefore I cannot allow anything tainted by Mindy Smith. That being said, does Social Services have anything else that would suggest that Mr. and Mrs. Stabler are unfit parents?" Judge Reynolds asked.
"Your Honor despite how the information was gathered we would argue that a full investigation by Social Services would have found out the same things and object to your ruling," Miss Lance argued.
"Are you suggesting that the listening devices would have been installed by Social Services?" The Judge gave her a look.
"No your Honor but the financial records would have been available to us once we contacted the parents and requested them. That would have been part of the investigation," the attorney pointed out.
"Yes but what was the cause of the intervention? Calvin does not seem to be abused or malnourished and he is certainly well dressed and clean," Judge Reynolds asked.
"We received a request for an investigation," Lance told them.
"Your Honor, my clients never received word of who made the request. The paperwork they received did not have a name on it. We request that Social Services give the court the name," Green pointed out.
"Miss Lance please fill us in. This is beginning to look like a waste of Social Services resources. There are many more children in worse shape than Calvin," the Judge gave her a look.
"The complaint was filed anonymously on behalf of a family member. The Stablers are members of the NYPD and the family was afraid of reprisals," Lance explained.
"Your Honor, if I may?" Olivia pushed herself up out the seat gripping her arm crutches tightly.
"Unorthodox but considering what has been going on, I'll allow it," Reynolds nodded.
"Calvin's grandparents were killed in a car accident, his biological father is in jail for life, and his mother disappeared without a word. Our family has been the only steady thing in his life. We love him, we miss him, but if there is someone out there who we need to share him with, all they had to do was ask. This whole process has been excruciating and we just want him to come home," she said.
"I'm inclined to agree. There is no proof of abuse. Social Services will share the name of the complainant with the Stablers and then move on to those that truly need their help" with the bang of the gavel it was over. Calvin practically leapt out of his chair and ran over to his parents.
"It's so good to have you back kiddo," Elliot pulled him into a hug.
"I missed you guys," Calvin said.
"We missed you too," Olivia kissed the top of his head.
"Where is everybody?" The young man asked. He was surprised that the rest of the team was not there. Elliot looked at Olivia and she heaved a sigh.
To Be Continued…