does this mean we’re getting Celeste’s testimony tonight?
Interesting matter of public record attached. As the dust settles from the defense's star witness owning the pesky gubmint interlopers once and for all, no further tesimony could possibly be needed, and the defense rests. Now it's time for the smartest lawyers in the room (plus one non-practicing manchild's several interruptions) to dive headlong into closing arguments' epic battle of wills and hear how the learned judge's bullshit detector buried the needle. First to enter the ring is Ms. Pierce, stalwart in her insistence that on this record, there are "no conditions that could be ordered today that would allow the children to safely remove - to go home" and there are "there are no services in place, or that could be ordered, to allow the children to safely return home today," as that "would not be in the children's best interests, and there would be continued danger."
One obvious sign of that danger would be that "one of the children tested positive" and "had a high test result" to boot, so of course the time came to "offer the child's positive hair test" into evidence. You'd think that's enough to know that the children would be "immediately endangered if they were released to their parents" unless and until there could be a proven "period of sobriety which is what is absolutely necessary before there can be a reduction...in the visits or talking about moving home." This would include a requirement that "the parents would undergo a chemical use assessment and follow the recommendations" and "not use any controlled substances not prescribed or alcohol." Ms. Pierce was also insistent that the Rekietas "would agree not to revoke any of those necessary releases" of drug test results, as though she's understandably miffed at Nick and Kayla's revocations of consent to release of Nick and Kayla's own May 30th hair tests' results that Nick still has yet to explain to his audience.
Then Nick's champion Dawn Weber enters the ring to lash out in his defense, pointing out that KCSO's raid had finally eliminated any danger with "no drugs currently in the home" (
anymore), and after all, Grandpa bob has "not seen... even intoxication of his son" on his show or otherwise. Dawn is also resistant to even so much as a Rule 42 chemical use assessment being necessary because "[n]o one's actually been able to point to any drug use by the parents" and in fact Nick just plain "hasn't used." Of course the exact opposite just might be proven by both parents' May 30th hair follicle tests' results, and of course they would just
love to fork those over to the court ASAP, but Dawn explains that both parents revoked consent to those results' release because the lousy gubmint refused to cloak the results with "use immunity" and instead any such evidence of drug use that "Ms. Pierce... finds here could be used in the criminal file." Nick and Kayla have kept "being very careful about not saying anything that could possibly... be used against them," even though those concerns are "so incompatible with child protection cases" that Dawn "feel really stuck trying to help my client get those kids back as soon as we can." Oh and speaking of self-incriminating disclosures to bury, Dawn reminds us to think nothing of Kayla admitting "these are the consequences of our actions" as it has "gotten blown...out of proportion" without knowing its "context," as if there was something else it could refer to in the hallway outside the hearing deciding those consequences. And of course even though Nick just plain "hasn't used," Dawn agrees that it would be good to babysit Nick through "some environmental education on cleaning the home" that totally is not contaminated by drugs. Huh.
Next Kayla's champion John Mueller joins the fray to add that the grandparents "should be allowed to act as a supervisor of the visitations between these parents and their children" rather than "either at the agency or at Harmony visitation center," only to leave it with a "ditto" to the rest. Meh.
But then as Nick seethes at each milquetoast performance, he smiles as the kids' attorney Greiner climbs through the ropes with a folding chair to crack over the state's head, reminding the judge that although it is "obvious that the state demonstrated that an emergency existed on May 23 in the form of cocaine being found in the parents' residence," by June 6th the drugs had been removed, any drug use was
no longer "ongoing," and "the clutter that was seen present that was making it difficult to walk has been rectified," so the admitted emergency had abated. And of course we needn't worry about backsliding to whole new emergency because the "grandparents went through [the house] with a fine-tooth comb" and Grandpa Bob's testimony revealed a "very sophisticated, very credible grandparent" (LMAO) and he'd "make sure his grandchildren are removed" at the first sight of any "trouble" whether Nick likes it or not. Further there could never be any backsliding because the kids are certain that the parents have "learned their lesson" and the eldest in particular has been manning up about how "he will be watching for any signs of trouble" and put a stop to it... somehow. Nor can we hold it against the parents that they continue to hide their own May 30th hair tests' results, because the county's "refus[al] to give the parents use immunity" is somehow the true culprit "preventing the parents cooperating" with safety planning while they're "walking on eggshells" about saving their own asses in the criminal case, a tough balance to strike especially given that Nick is "not a criminal lawyer" capable of navigating these treacherous waters.
Greiner further laments the county's insistence on at least "random UAs, et cetera, for 60 days," i.e. to "prove that they have been abstinent for a minimum of 30 days, probably 60, for an emergency not to exist," such that "it's extremely traumatic for them to be separated... with the prospect of being returned maybe in 60 days," all of which lines up perfectly with the timing of Nick's victory lap in early August crowing about the kids being "back" with a case "resolved," despite nevertheless dodging an audience question about an important distinction between "resolved" and "dismissed," and despite the stream revealing a sweat patch as part of required drug testing ever since the case was "resolved" but not "dismissed." This also dovetails with the attached transcript's later discussion of the parties' intent to enter into "formal mediation for settlement purposes," as a mediated settlement (or further negotiated settlement following mediation) would have produced a stipulated order laying out the agreed terms of what ongoing drug testing and limited supervision Nick would be stuck with after his big "win" at the August 9th hearing.
Despite counsel's valiant efforts, Judge Helgeson was having none of it, ruling that there "continues to be an immediate danger to the children's safety, health and welfare if the children were released to the care of the parents," because "the child did test positive for...cocaine," because Nick and Kayla "revoked the release" of their own May 30th hair follicle test's results, because the parents were "not submitting to testing
as requested" (notwithstanding Nick's dithering around later about none having been "requested" until it was "ordered"), and because of the county "not having access to the home." Moreover the county had made "reasonable efforts to prevent out-of-home placement, but those efforts have been hampered by the parents" who delayed a reunification that could have come sooner than it eventually did. To move the process along without waiting for voluntary cooperation, he had to order the parents to complete "chemical use assessments" and "abstain from the use of alcohol and controlled substances" and actually "sign releases...to verify that" this time around. When again begged by Greiner to at least start allowing "supervision of the grandparents," Judge Helgeson just didn't "see that anything has changed truthfully since" in the almost two weeks since a prior order limiting visitation to a county visitation center for the time being.
And of course the ruling brought the best part: as we've seen time and again, Nick just can't dare to leave it to the practicing attorneys and just HAS to hear the sound of his own voice, this time thinking it wise to interrupt the judge himself mid-sentence only to get the glib retort of "No. I'm speaking now. Okay, Mr. Rekieta?" Never one to understand social cues, it didn't take long for him to double down and interrupt the judge mid-sentence all over again: "[y]our honor, may I make a brief statement to the Court?" Judge Helgeson would have none of it: "Not at this time. I want to -- we've been here for two hours, Mr. Rekieta. I want to move on." You just love to see it.
Sorry folks, but thanks to a certain bishmade punk too fucked up to operate Google Maps using hooves, I'm afraid this is the only actual fight we'll be getting tonight.
You throw away your credibility on the altar of superchat money.
