Page 152 of Test the Ice
Benedict interrupts his lawyer, all eyes flying to him. “Of course not. She knows how to spin a story, but my daughter sustained the injury while on her watch. Who knows what she and her fiancé were up to when this occurred.”
The judge is irritated. He slams his gavel again. “Mr. Whitney, if you would like to speak, please take the stand. I do not tolerate speaking out of turn.”
It only takes a minute for Benedict to be sworn in by the bailiff, then he’s spouting at the mouth with all sorts of lies and exaggerations. A drop of sweat slips down my spine, my jaw aching from clenching.
“Mr. Whitney, did you personally witness any harm to your daughter?”
“Well, no, but–”
“And no report was made?” The judge flips through the documents again, and it’s obvious that Benedict is angry he’s not getting his way. I wouldn’t be surprised if he threw a tantrum. He goes on and on, bringing up past incidents and even Reese’s home life before moving in with me. At one point, he even saysthat Reese was charged with a misdemeanor as a minor because she assaulted her father’s friend.
“So, just to be clear…” Judge Ramirez looks to Reese and then to Benedict. “You’re asking me to remove custody from the child’s mother based solely on your word and past allegations that aren’t documented?”
Benedict pounds the table. "There's documentation!”
Benedict’s lawyer whispers something to him, clearly attempting to calm him down.
Judge Ramirez raises his voice. “You are not helping your case by acting out in my courtroom. I suggest you listen to your lawyer.”
Benedict shoves his lawyer’s hand away and crosses his arms.
The judge turns toward Reese, and my heart pounds. “Ms. Moreno, I’m going to give you a chance to respond to the allegations.”
Reese stands nervously. Her breaths are shaky, her back straight as a board. “Your honor, my fiancé wasn’t even home at the time of the incident, and I wasn’t distracted while caring for my daughter. She is nearly a year old. She’s beginning to pull herself up and take risks. She’s fast too.” Reese laughs softly. “She climbed the first two stairs, and before I could run over to her, she fell and hit her head. There was no abuse or neglect. It was simply an accident.”
“Was it an accident when you bashed someone’s knees in with a baseball bat at the age of seventeen?” Benedict shouts. “Who’s to say you won’t do that again in the presence of my daughter? Or worse,tomy daughter.”
Reese winces.
Judge Ramirez bangs his gavel. “Mr. Whitney, this is your last warning.”
I wipe the back of my hand over my damp forehead.I’m going to take a baseball bat to Benedict’s knees when this is all said and done.
Benedict sits with the help of his lawyer gripping him by the shoulder and forcefully pushing him into his chair.
The judge bounces his attention between Reese and Benedict, and it’s obvious he wants to give into Reese, but he’s hesitating.
“Listen. I am not dismissing the seriousness of the claims from Mr. Whitney. I take the safety of children very seriously, and without corroborating evidence from either side, this court is in a difficult position. As of right now, it’s your word against his.”
So what does that mean?
Benedict’s lawyer stands. “May I speak, your honor?”
He nods.
“Considering Mr. Whitney has never had an incident like this happen or ever been accused of harm to their daughter, I feel that temporary custody with the father would be beneficial until the custody hearing.”
Reese shoots up out of her seat but waits until the judge nods in her direction. “That’s because he is never with his daughter.” She glares at Benedict and his lawyer before looking back at the judge. “And that is not my doing. The offer is always there, and I’ve been willing to compromise, but–”
The judge puts his hand up to stop her. “This is becoming messy, and I don’t like messy. You have both put me in an impossible situation. Your word against his.”
Suddenly, I find myself standing. “Your honor, if I may…”
A hush travels through the courtroom.
All eyes are on me, and my heart pounds so hard my chest tightens.
I make no move to look at either Reese or Benedict. I put all my attention on Judge Ramirez.
