CHAPTER 8

John Fournier’s death was portrayed as a tragedy immediately after the drowning. Then the district attorney portrayed Veronica Fournier as being a neglectful parent. A headline in the local paper read “Mom Naps While Son Drowns—DA.” Child endangerment charges were quickly filed, which angered the town’s police chief, Tony, and Forceski because the DA hadn’t listened to their explanations about what this family had been through. The DA even commented in the article that Winston police “weren’t objective due to their personal experiences with autism.” The comment sent the chief into a rage, and he tossed two of the DA’s investigators out of headquarters.

The next day a reporter called Tony to ask whether he believed Veronica Fournier was guilty of neglect. “The Fourniers made sure that Johnny was enrolled in the wandering program. Does that sound like a neglectful parent to you?”

The DA telephoned Lonnegan to complain that “Colletti was undermining the case.” The conversation ended in a series of expletives. The chief called Tony in.

“You got a problem with the rule ’bout who talks to the press?”

“No sir, I don’t. My bad. I accept full responsibility.”

“Yeah. Well, don’t do it again . . . The DA can pound sand.”

Once the charges were filed, the Department of Social Services filed a petition to remove Evan, the Fourniers’ other child with autism, from his parents. Castleton County CPS removed Evan to the Roosevelt Children’s Home. It was a huge mistake. Evan was unlike any child CPS had ever seen before. They couldn’t control him. Evan had a meltdown and banged his head against the walls. When the workers tried to stop him, the behavior got worse. Evan bit one of the workers who tried to restrain him. The case managers then determined that the usual options of group homes and foster families would be unable to deal with him. When Evan climbed out a bedroom window and fled the facility’s grounds, a psychiatrist ordered medications that turn normal adolescents into zombies, but they made Evan even more difficult.

Controlling Evan Fournier was beyond the capabilities of one of the wealthiest counties in America. They simply didn’t have programs for children with severe autism. Administrators reluctantly came to the conclusion that Evan Fournier should be returned to his family. The county would offer the Fourniers services and assistance. When the DA learned of the plan, she demanded to know why the county hadn’t done this for the family before. Bureaucrats pointed fingers at each other.

Tony Colletti sat on the bench in the hallway next to the oak doors of the Castleton County Family Court. He didn’t want to be there. Evan’s Law Guardian, Laura Melendez, had subpoenaed Tony to appear. Melendez was one of the best in the business and understood autism because her son had autism. The attractive redhead was loaded for bear when she saw Tony sitting on the bench. “Hey, you’re the cop who went in the lake, right? Thanks for answering the subpoena.”

“Yeah, I’m the one. Cops are supposed to answer subpoenas. You’re Melendez?” She nodded. “What’s gonna happen? I don’t get family court stuff.”

“No one does. And this case is a . . . .”

“A complete disaster, counselor.”

“Don’t leave. Sit right there.” Melendez darted into the courtroom. The county attorneys were already sitting at the table to the right. “Hey, Darcy, what are we doing today?”

“Getting our ass kicked by autism,” said County Attorney Darcy Fitzgerald.

“Been there myself.”

“All rise!” said the bailiff. Family Court judge Gail Jackson entered the courtroom. “Good morning, people,” the judge said. “What are we doing on the Fourniers’ case? The family will be here in a few minutes.”

“May we approach?” asked Fitzgerald. The judge motioned the group forward. “Judge, the county is willing to allow Evan Fournier to go home. To be blunt,” she whispered, “the county can’t deal with this child. None of our programs meet this child’s needs.”

Melendez opened her file. “This is only what I said last week. The county overreacted. These people have been through hell. I had no problem with investigating them. But pulling the kid?! You went completely over the top here.” Melendez was pushing her point, and the judge nodded in agreement. “The mother has two children with severe autism. She was pushed to the limit and exhausted. The DA makes a statement and frenzy breaks out.”

“All right,” said the judge. “You’ve made your point. Let’s reunite this family. We’re doing an interim order—without admitting or denying?” Both attorneys nodded in agreement. “Good. Melendez, go talk to the family.”

Melendez walked out of the courtroom and saw Veronica Fournier sitting on the oak bench, holding Tony’s hand and crying.

The court officers got the Fourniers out of the building through a side entrance after the proceedings ended, avoiding the small pack of media people. Melendez emerged from the courtroom and saw Tony still sitting in the hallway. “Oh, you’re still here?”

“You told me not to go. What happened?”

“Evan’s going home. We got the family out of here. The County even agreed to give them some home-based services.”

“Really? Someone finally came through for these people. They’ve been through enough.”

“I agree. Hey, you want a cup of coffee?”

Tony and Melendez sat at a table in a small diner a block away from the courthouse. “So,” Tony said, “do you just do family court stuff?”

“Actually, no. My husband and I have a fairly diverse practice. I do family. Carlos does criminal.”

“Oh, so Melendez is . . . .”

“My married name. Do you know Carlos?”

“Chuck Melendez?” Laura nodded. “He was an ADA about ten years ago, right?”

“That’s him. He’s a knucklehead.”

“I thought that he was a good guy. I wish he was still there.”

“Yeah, but now we have the joy of running our own law office. We’re starving. You a cop with family and kids, or are you a player?”

“Wife, kids, the whole nine yards. I even live in Winston. I’m boring.”

“You started that program that helps find our wanderers, right?”

“That was me. I got a kid with autism, so I get what the families go through.”

“I have one too. Little pain in the ass just turned six. I love him to death.”

Tony laughed and the two talked about their kids. He had more in common with this lawyer than he had with most cops. His son’s autism had changed him so much that he was even getting along with lawyers. Ten years ago, he wouldn’t have been seen dead with an attorney who wasn’t a prosecutor. When he started with the New York City Police Department twenty years earlier, having coffee with someone like Laura Melendez might get you fined by the brass.

“Did you start here in suburbia or are you another NYPD migrator?”

“That’s me. Three years in the big city, then I came north for the big money, white fences, and low crime rates.” Tony didn’t want to talk about what happened while he was in the NYPD so he changed the subject. “Hey, what do you think about this vaccine thing?”

“We’re doing those cases now.”

“I mean the theory that vaccines . . .”

“Yeah, I know, cause autism. As I said, Carlos and I have started to take on those cases.”

“Really? You guys have the kind of office to take on these companies?”

“You don’t sue the companies. You sue the feds—Health and Human Services. It’s called the National Vaccine Injury Compensation Program. It’s supposed to be a no-fault program. It’s like when you guys get in a car accident and spill your coffee and donuts and go out on worker’s comp for ten years.”

“Nice shot! If you do cop jokes, I get to do lawyer jokes.”

“Okay, big guy. Give it your best shot.”

“Okay. Here it comes. What do you call ten thousand lawyers at the bottom of the Challenger Deep?”

“What?”

“A good start.” They both laughed. “So, do you think there’s something to this vaccine thing? Why doesn’t every vaccinated kid develop autism?”

“Because some kids are predisposed due to genetics or some other reasons. Think about it. Does every person who smokes die from cancer at thirty-five? No. Some never get cancer. Some develop some other health problem. Drugs affect different people differently. Too many reasonable people report that their kids regress after vaccines. The other side can talk about all of this being anecdotal reports from emotional parents who need someone to blame. But I talk to these people. Parents know their kids and know when something goes wrong.”

Although Veronica Fournier got her son back, her problems in criminal court lingered. Tony and his wife Anne helped get her through the months that followed. The only people who seemed to understand were parents who also had children with autism.

The DA finally agreed to dismiss the criminal charges but only after putting Veronica under supervision for a year. The services promised to the family were slow to materialize. Most of the people providing them did not understand what it was like to raise a child with autism.

Or to lose one.