Tuesday, September 20, 2011
Spinning your wheels....or the unwinnable trial
You know that there is such a thing as "the Perfect Storm"? We all know the phrase concerning "lightning striking twice" but this picture should depict the trial I'm currently in...
It is a severance trial which means that the State is trying to permanently take away someone's parental rights, which they have to do by proving one of their alleged grounds by "clear and convincing evidence" and then by proving "by a preponderance of the evidence" that it is in the child's best interests. This case starts out with a father who has a drug problem. However, to his credit, he engages in services (which the mother does not) and he does so well that the State is very close to returning his daughter to him permanently. Then, inexplicably, he tests positive for PCP (who does that now days?). Then he gets arrested for beating up his girlfriend....again. Now, we are on the severance track. He tests positive for alcohol on at least three occasions and it is not looking good.
At the trial, when the State calls him as a witness, he testifies that 1) he snorted bath salts with the intent of getting high (I KNOW, who ever thought that snorting bath salts would get one high) on two occasions and that 2) he NEVER knew he wasn't supposed to drink and 3) his case worker hates him. I'll give him credit for his case worker hating him (she is an unpleasant person and I'm not sure I like her either)...but really, what the h*#! am I supposed to do with the bath salts issue and the alcohol. Laughably, the bath salts, which preliminarily tested positive for PCP, didn't end up having PCP in them...but really, he still admitted to snorting something STUPID with the intent to get high.
How, exactly am I going to defuse this and pull off a win? Answer: I'm not. I am between the lightning and the tornado with nowhere to go....(sigh, not a fun position)
Subscribe to:
Post Comments (Atom)

No comments:
Post a Comment