3 Months Later
Mel stopped my new Explorer SUV at the Hershberger’s to pick them up. Hannah watched from the back seat silently as Samuel and Rebecca approach and then she slid into the middle so they could take positions on either side of her. They were both resplendent in what was probably their Sunday best for our adventure downtown today. I sent up a silent prayer for a good day for all of us.
Glancing at the back seat occupants in the rearview mirror, Mel told them, “I have some news to share.”
I looked back over my shoulder at Samuel who simply nodded. Hannah started straight ahead, wringing her hands until Rebecca covered them with one of hers and whispered, “Everything will be all right.”
To Mel, Rebecca said, “Go on dear.”
“Our lab found what we call trace evidence under Katie’s fingernails where she scraped them against her attackers’ skin. The DNA in what we found matches Drago Bakula.”
“I don’t understand,” Rebecca said.
“It means,” I told her, “that they found skin cells that could only belong to Drago on Katie. Where they found them indicates that she was fighting him when he abducted her or when he killed her or both.”
Mel nodded and continued, “He’s denying everything at this point and demanding to be allowed to return to Russia but he won’t be deported. Instead, he’ll be tried for Katie’s murder.”
The Hershberger’s both looked horrified and relieved all at the same time.
We rode mostly in uneasy silence for the next 30 minutes, everyone lost in their own thoughts. When we finally arrived at our destination, the Muskingum County Court House, we were met in the entrance area, just past the metal detectors by a county caseworker and the foster family who had temporary custody of Jef and, much to everyone’s’ joy, Jef was with them.
Now just over 4 months old, he was happy, alert and smiling at everyone. We took turns fawning over him for a few minutes and then we all moved on to the family courtroom to wait for the Judge.
“The DNA test cannot rule out Ennis Gingrich as the father of the minor child with 99.9 percent probability,” the presiding Judge informed all of us that she’d allowed to be in her courtroom, given the unusual circumstances we were there under.
Mel, Hannah and I were sitting behind the bar, right behind the Hershbergers who sat at a counsel table before the Judge with a lawyer I’d helped them secure. I watched as their attorney leaned over and explained to them that Ennis had been confirmed as the father of Katie’s baby. Their consultation went on for a couple of minutes while the Judge waited patiently.
Their attorney stood, “Your Honor, Mr. and Mrs. Hershberger decline to press charges against Mr. Gingrich.”
That took me by surprise and I looked at Hannah for confirmation.
“The church will punish him as they see fit,” she leaned toward me and whispered.
The state appointed Guardian Ad Litem attorney for Jef stood then and dropped a bombshell of her own that made me think back to something Mel had said to me months before when Katie first came to us.
“Your honor,” she said, “Mr. Gingrich stands accused of molesting and impregnating his own, 16-year-old daughter. We cannot compel the girl to testify but she has been removed from the home and we are reviewing all possible avenues of redress in the service of justice.”
I watched as the Hershberger’s exchanged a look. Samuel took Rebecca’s hand in his then to comfort her, much as she had done for Hannah earlier.
Mel looked across Hannah at me and mouthed, “Those poor kids, her and Jonah.”
The Judge began to speak again. “Pursuant to the needs of the minor child, Mr. Gingrich will be served with a writ for court ordered child support. He will be barred from seeking custody of the child or having visitation rights in any capacity irrespective of any future charges brought by the state against him.” She handed some paperwork to her bailiff, looked to the court reporter who nodded that he was caught up and then she turned back to the Hershberger’s lawyer.
“Mr. Crisp, you have the floor.”
“Thank you, Your Honor.” He looked briefly at Samuel and Rebecca and then to the table where Jef, his caseworker and the state’s attorney sat then he addressed the bench. “Samuel and Rebecca Hershberger are the surviving blood relatives of Jef.” He pointed back to the state’s table. They originally planned to seek full custody of the child.”
“I understand that has changed, Mr. Crisp?”
“It has Your Honor.”
“In the interest of expediency, barring objection from your clients, why don’t we get straight to the point?”
Samuel nodded to Crisp.
“My clients have decided to drop their case for full custody given the circumstances of the child’s conception and given their advanced age. They move instead to be given full grandparents rights pursuant to the laws of the state.”
“Their motion is not at all unexpected but are they aware it does have the potential to change the dynamic of the rights the natural father might have for custody and visitation, should he not be charged and convicted in an abuse case by the state, given their own lack of desire to press formal charges?”
“They are your honor however I defer to the state’s attorney on this matter.”
“You do?” The Judge lowered her glasses a little on the bridge of her nose and peered over the top at first Crisp and then at the Guardian Ad Litem.
She stood again. “If it pleases the court, the state has reached a tentative agreement with the Hershbergers and with Ms. Hannah Yoder for Ms. Yoder to adopt the minor child.”
Hannah grabbed my hand then and clung onto it as she sucked in a deep breath. We’d been preparing her for this moment for a couple of weeks but now that it was here, she was nervous and scared.
“Ms. Yoder,” the state’s attorney continued, “is willing to grant the Hershberger’s their requested writ of grandparent’s rights and she understands that, by adopting, she’s waiving all rights to support payments from the biological father who has agreed to sign away his parental rights to custody and visitation.”
“And what, do tell, is compelling that?” The Judge pulled a face. “You just told me you were seeking legal redress against him in another grave matter.”
“Correct your honor. Mr. Gingrich is acting under instructions from his church.”
I looked at Hannah. She pursed her lips and raised her eyebrows. We were aware the state was attempting to get Gingrich to waive his rights but we didn’t know he’d actually agreed to o so and why.
The Guardian Ad Litem requested to approach the bench where she presented the Judge with a waiver of rights she told the court was signed by Gingrich.
The Judge visibly shuddered. “I suggest you make haste putting together the state’s case because, if I allow this, this man – a rapist and an abuser – will be walking free to do as he pleases again.”
The Judge grew quiet as she bowed her head and reviewed the motion before her and then, looking up, she asked, “Is Hannah Yoder present?”
With one last squeeze of my hand Hannah stood a little shakily but, with a confident voice, replied, “I am.”
“Ms. Yoder would you please take the stand.” The Judge held an arm out to her left to indicate the witness stand.
Mel and I both stood, hugged her quickly and wished her luck before she moved forward. While Hannah proceed past the bar and up to the stand, the Judge watched Mel.
Rather than address Hannah, the Judge addressed Mel, “Sheriff Crane, what is your status here today? Are you here in an official capacity?”
“No Your Honor. I here for support only for Ms. Yoder.”
That seemed to satisfy her for the moment and she ordered that Hannah be sworn then she began to question her directly. I crossed my fingers that Hannah remembered what we coached her; answer only the question asked with the shortest possible answer.
“How old are you Hannah?”
“I’m twenty.”
That answer garnered her a long look as the Judge studied her but Hannah smiled and didn’t waver.
“It’s unusual to allow someone your age to legally adopt.”
Hannah looked confused. “Is...is that a question?”
Light laughter rose in the courtroom and the Judge smiled. “No Ms. Yoder, it’s a fact.” Again, there was a smattering of chuckling. The Judge ignored it and pressed on. “What’s your relationship to this child?”
“Katie Hershberger, his mother, was my friend.”
“You’re not a blood relative or a relative by marriage in any way?”
“No ma’am...Your Honor; not directly.”
The Judge quirked an eyebrow. “Not directly?”
“I’m Amish...was Amish, and so was Katie. Sometimes...”
Hannah’s face colored as the Judge waved a hand and stronger laughter rose in the room.
“No need to continue. That picture was painted long ago, even before the likes of Ennis Gingrich.” She paused and took a sip of the water from the glass that sat atop the bench to the right of her gavel.
“I’m not normally inclined to grant outright custody to someone your age but you seem to have the support of the decedents family and,” the Judge looked at Mel and at me this time too, “the support of others. There’s something they all see in you. Tell me what that is and why you want to do this.”
“Katie was a couple of years younger than me but I’ve known her most of her life. We attended the same church and fellowshipped together as we grew up in the Amish Order. I left the order about a year and a half ago for personal reasons but, when Katie left...seven...eight months ago now, she sought me out. She needed help from someone who understood her and I did. I promised to help no matter what and I’m doing that.”
“There’s a difference between keeping a promise made in the heat of the moment,” the Judge cautioned, “and taking on the lifetime commitment that is raising a child.”
Hannah nodded. “I know Your Honor but it’s not just about the promise anymore. I’ve been prepared my whole life to raise children. I love children and I love Jef. He’s a part of me right here.” Hannah tapped the middle of her chest.
The Judge leaned back in her chair and studied her for several long seconds but again, Hannah’s gaze didn’t waver.
“You’re prepared to and you have the means to care for this child?”
“Yes your honor.”
This time, I thought her answer was a bit too short but the state’s attorney stood then drawing the attention of the Judge.
“Your Honor, if I may?”
“Go ahead.”
“Ms. Yoder has, in the past three months done all of the required background and taken all of the same classes a prospective treatment foster parent would be required to take in the state. Additionally, she’s in an excellent position to provide for the minor child and she has a strong support network in place.”
“Ms. Yoder, it would seem the state’s attorney is definitely in your corner, no easy feat in these sorts of proceedings. Please fill me in on your living arrangements and how you plan to provide for...Jef.”
Hannah looked over at the two of us and smiled, took in a deep breath and then replied, “I live with Melissa and Dana Crane in their home in Morelville, which is only a couple of miles from Jef’s grandparents.” Now she smiled at the Hershbergers. “I’m in culinary school during the day now where I’m scheduled to finish in six months.”
“You’ll be a chef then?” the Judge asked.
“Yes, technically. I’ll be able to do lots of things...I, er, already can...but my focus will be on cakes and pastry.”
“Do you work?”
“I still work weekends and for catering events with Adornetto’s here in Zanesville.”
“And you make enough doing that to support the child?”
“Nearly but that’s just until I finish school. Mel...Melissa and Dana are helping me financially until that time.”
“And what’s the plan then? Back to work full time?”
I crossed my fingers because I knew what the judge was pressing and I hoped Hannah would hit all her marks. She was so shy normally, I could see the rapid fire questions were starting to get to her.
“I’ll be opening my own bakery.” She stopped there.
The judge raised both eyebrows this time. “That’s an expensive proposition. Who’s helping you?”
“The Rossi family, Dana’s family, owns the general store in Morelville. My bakery is already being fitted into space that is no longer being used there.”
“Sheriff Crane? Can you confirm all of this?”
Mel rose. “Every bit of it and then some Your Honor. The entire Crane and Rossi families support this young woman and that baby.” The caseworker’s nod at the next table seemed to punctuate that further for the Judge. “She’s already supplying the store with some baked goods that they allow her to do specially in the commercial kitchens at Adornetto’s since the store hasn’t been cleared for commercial production yet,” Mel added.
“How long are you willing to let Ms. Yoder and any child in her care stay with you?”
Mel looked at me and smiled then looked back at the Judge. “Forever Your Honor. We love having her there and we can’t wait to have him in our lives full time.” She blushed a little as she continued, “I’ve been around my sisters’ kids since day one and helped to raise them. This is all new for Dana but she’s excited and, to prove it, we’ve both gone through all of the same training as Hannah has.”
The Judge sat back again. “Well then, she said as she turned her head to look at Hannah, “it looks like you have this all figured out.”
Hannah just smiled.
“You understand of course that there will be piles of legal paperwork ahead for you?” She watched Hannah closely.
Realizing what was about to happen, a spark of hope lit Hannah’s eyes. She nodded solemnly, “Yes Judge...er, Your Honor.”
“So it shall be.” She smacked her gavel down on the sounding block. “I hereby grant custody of the minor child for the purpose of adoption, Jef Hershberger, to Hannah Yoder. This court is adjourned.”
The end...or not.