I risked a glance toward my parents. Evelyn stared straight ahead, but my father met my gaze. His blazer hung loose on his shoulders and dark circles shadowed his eyes. He needed to be home with his feet up, not in a courtroom listening to family drama.
“This is LA-07-337, in the matter of Evelyn Marchionni and Mary Margaret Guthrie. I understand the petitioner filed a motion for the children to be interviewed during the formal proceedings. Motion denied.”
Maggie exhaled a breath.
Santiago whispered something to my mother, who nodded. Neither appeared happy by the judge’s decision. But what did they expect? Putting the kids on the stand and making them choose between their grandparents and Maggie would have been traumatic for everyone.
The judge flipped through several pages before glancing up. “I will send the children out of the courtroom during the formal proceedings.”
Santiago shot to his feet. The judge’s order seemed to have surprised him. “Will you interview the children after the hearing or simply review their affidavits?”
“Affidavits?” The color drained from Maggie’s cheeks. She leaned close and whispered. “When did Evelyn get affidavits?”
“No clue.” I turned and glared at my mother.
“Yes. Section 770.04 states the court, in its discretion, may consider the wishes of a child to his guardian. This is to ensure neither party had unduly influenced the child’s testimony.” He eyed my parents, and then Maggie. “Not that I’m suggesting this happened here.”
Thank Christ. I eased back in my chair and stared at my father. Whether he’d tried and failed, or had been bullshitting me, he hadn’t gotten the judge in his pocket.
Maggie stood. “Your Honor, I was not given copies of the children’s affidavits by opposing counsel. Nor was I aware of their existence.”
The judge nodded. “Another reason for the court to interview the children in chambers. The transcripts of the recordings will be sealed. Neither party will be given a chance to review the statements.”
Nadine and the children followed an official-looking woman from the room.
Maggie slumped into the chair but seemed to remember her mother’s words and sat ramrod straight.
I took her hand under the table, but had to release it when we were sworn in. I’d only been to court once in my life. I had been twelve and Leo had been eleven. We’d been up on shoplifting charges for stealing a couple of boxes of candy out of the back of a delivery truck. The experience had scared me shitless—much like today’s proceedings.
The judge motioned to Santiago. “Counselor, are you ready to proceed?”
“Yes, your Honor. I’d like to call Gabriel Marchionni to the stand.”
My mouth went dry. I turned to Maggie, who looked as stunned as I felt.
The judge said, “Mr. Marchionni, please take the stand.”
I walked forward, though I had no idea how my feet had moved, considering my brain had gone into convulsions. I stated and spelled my name and verified that I’d sworn in.
“Mr. Marchionni, you are currently cohabitating with Ms. Guthrie, are you not?”
I glanced to the judge as if he’d save me.
He nodded.
“Yes.”
“Would you describe your sleeping arrangements?”
That fucker. I narrowed my eyes at Santiago, but I knew how this worked. My mother had put him up to this. “I sleep in the master bedroom. My infant daughter sleeps in a crib two feet from the bed.”
“And do you sleep alone in the bed?”
“Yes.”
“Does Chloe, the nine-year-old, ever sleep with you?” Sal had the good sense to avoid my eyes.
I took a breath and counted to five.This is how they wanted to play it?“My niece and youngest nephew have nightmares about their deceased—”