Date: Sat, 29 May 2004 21:21:30 -0700 (PDT)
From: Corrinne S <quasito_cat@yahoo.com>
Subject: The Graschels of Guenther Street - Chapter 5

Pertinent information is posted at the beginning of
this series.  Comments welcome to:
quasito_cat@hotmail.com or quasito_cat@yahoo.com

The Graschels of Guenther Street

M.C. Gordon

Chapter Five

     "Good morning, Jane," Herbert said to the girl.
"Are you feeling better this morning?"

     "I guess so," she answered hesitantly.

     "Jane, do you remember what we talked about
yesterday?  I told you a man wanted to meet you who
would like you to be part of his family and you said
it was okay for him to meet you."

     "I `member," she said.

     "Then I would like you to meet Mr. Graschel,"
Herbert said as he indicated Deet.

     "You're awful white," Jane Doe told Deet.  "I'm
mulatto."

      Deet waited for Herbert's nod of approval before
he said "You're a very pretty girl."

     "Mamma never made me be with no white man," she
returned.

     "If you and the judge agree that you can live
with me, Jane," Deet told her, "you won't `be' with me
like that.  You'll have your own bedroom, and we'll
fix the door so you can lock it from the inside if
you'd like.  That would be dangerous in case there's
ever a fire or you were sick, but you could lock it if
you were frightened.  The other man here is my
attorney, Mr. Fuentes, and he has four daughters.  I'm
sure one of them can stay over on the weekends, if
you'd like.  His son is staying with me to keep my son
company over Thanksgiving week."

     "You got a son?"

     "Yes, I do.  His name is Eric.  He was living
with his mother in another state until she died and
then he went into foster care for a while.  Now he
lives with me."

     "What you know about girls?" Jane asked him.

     "I know from Mr. Fuentes' daughters that not all
little girls like to wear ruffled dresses and play
with dolls.  Connie plays little league soccer.  Hope
likes to read and write poetry.  I'm going to take
Eric rock climbing and you could come with us, if you
want.  I'd probably ask Mrs. Fuentes to take you
shopping for clothes and things for your bedroom."

     "Would you hit me if I went to sit outside and
look at the stars without telling you?"

     "I don't believe in hitting children, Jane.  I
would want to know where you are so that I would know
you're safe and not worry about you, but I would never
hit you.  I think there's an old telescope in the
attic I used to use when I was about your age to look
at the constellations.  I could get it out and help
you align it if you wanted to see the stars better."

     "Sit in that chair over there," Jane suddenly
order and Deet, more amused by her sudden command than
anything else, obliged.

     Jane slowly eased herself from the hospital bed
and walked toward him, her bare feet hitting softly
against the floor.  When she reached him she looked
directly into his eyes.  She held him under quiet
scrutiny for several seconds before she finally said,
"I guess you might do.  But my name isn't Jane, it's
Philadelphia only I don't like it.  I can't even spell
it.  If I like living with you for a while, I want you
to give me a better name."

 . . .

     "I granted your request to remove the child in
question from Protective Services," Judge Solari said
at precisely ten o'clock on Monday morning.  "Please
continue with your next petition."

     "Your Honor," Milhauser said, on shaky ground
because he had no previous experience in Family Court,
"You have a petition from my esteemed colleague to
place Jane Doe in the custody of Dieter Graschel,
pending a formal petition for adoption."

     "This is an unusual request, considering that the
minor in question has suffered sexual abuse," the
judge said.

     "I realize that, Your Honor," Milhauser said,
"but the man requesting custody has an impeccable
reputation and his only concern is the child's
welfare."

     Angelina Solari sat behind her desk in the small
courtroom.  "Counsel," she said, "you're arguing the
other side of this case."

     "If I may, Your Honor," Manuel said, "Mr.
Milhauser and I are both deeply concerned for this
child.  My client has her best interest at heart.  He
has already accepted Mr. Milhauser as counsel for his
own son and requested my colleague as counsel for the
girl."

     Judge Solari sat back in her chair and asked, "Is
there a reason your client thinks his son needs
independent counsel?"

     Deet pulled on the sleeve of Manuel's jacket and
whispered, "Can I talk to her?"

     "I think I'd be interested in anything you might
have to say," the judge said.

     Dieter rose slowly, cleared his throat a few
times, and pulled nervously at the collar of his
shirt.

     "Ma'am'" he began.

     "I'm not a Ma'am, Mr. Graschel.  I'm a judge."

     "Sorry, Your Honor.  My son Eric was assigned
counsel when he was removed from Protective Services
in Indiana after his mother died and her brother
abused him.  Mr. Milhauser and Mr. Fuentes have worked
with me to determine that he would be okay in my
custody.  You can talk to him if you want.  He's only
been here a few days but I think he feels okay with
me.  He's been through a lot and we're still trying to
connect.  Because my son was abused, when I heard
about Jane Doe on the news I asked Mr. Fuentes if he
would contact Mr. Milhauser to be her attorney and
consider a petition for custody and adoption."

     "That's very gratuitous of you, Mr. Grashel, but
would you care to explain to me why a little girl who
was sexually abused should be placed in your care?"

     Dieter took a deep breath and blurted out,
"Because I'm gay."

     Hebert Milhauser groaned and Manuel Fuentes
buried his face in his hands.

     "You're gay and you have custody of your son?"
Judge Solari asked.  "We will reconvene at one this
afternoon and I want your son present in court."

     "You just had to say it, didn't you?" both
attorneys asked Deet.  "You had to come out in court?"

 . . .

     "Do you know why you're here?" Judge Solari asked
Eric when court reconvened.

     "No, Ma'am," he replied.  "I know my dad was in
court this morning because he's worried about a little
girl but I don't see what that has to do with me."

     "I'd like to speak to you alone," the judge said.

     "Your Honor, I object," Milhauser replied.

     "Sit down, Counsel," she returned.  "This is an
informal hearing, not a jury trial.  Please come with
me, Eric."

     Eric reluctantly complied after the looks from
his father and the two attorneys told him it would be
okay.  He was surprised when they entered the judge's
office and she removed her black robe.  She was
wearing jeans and a Grateful Dead t-shirt.

     "Would you like something to drink?" she asked.
"I can have my bailiff get you a Coke from the
cafeteria."

     "No, Ma'am," Eric replied.

     "Okay then.  I just want to ask you a couple of
questions and I want you to answer as honestly as you
can.  Do you understand?"

     "Yes, Ma'am."

     "Do you like living with your dad?"

     "I guess so.  I've only been here a few days but
he's already bought me lots of clothes, a bicycle, a
computer, and a puppy.  He's going to get me a pony
when he finds one he likes.  He asked Tio Manuel to
let Jorge, that's Tio Manuel's son, sleep-over.  I get
to pick out my own room."

     "Anything else?"

     "I'm going to have a tutor until the next
semester starts and he's looking for a private school.
 I can't have my bedroom on the third floor of the
house because Wolfgang is old and it hurts him to go
up that many stairs."

     "And who is Wolfgang?"

     "He's my dad's dog."

     "Eric, are you aware of the fact that your father
is a homosexual?"

     "Yes," the boy replied.  "My mom was, too.  But
she died and then Marcie got sick and the law took me
away from her."

     "Eric, has your father made any attempt to touch
you in an inappropriate way?"

     "NO, MA'AM!" Eric replied.  "He's a good dad!  I
swear he is!  I don't think he likes boys!  I want my
lawyer!"

     "Eric, please calm down.  I'm only concerned with
your wellbeing."

     "So was the judge for Child Services who sent me
to live with my uncle who..." he broke into tears.  "I
want my lawyer.  I want a fifth until Mr. Milhauser is
in here!"

     Judge Solari didn't know whether she should laugh
or cry.  She nodded to her bailiff to summon Herbert
Milhauser.

     "Counselor," she said when Milhauser entered her
office, "please inform your client that he doesn't
require a fifth.  My line of questioning has only been
to determine the safety of himself and possible safety
of the other minor in question."

     "Your Honor," Milhauser said, "my firm authorized
an extensive investigation of Mr. Graschel before
sending the boy to San Antonio.  He comes from a good
family.  He had a steady job before his parents both
died and he came into a comfortable sum of money.  He
lives a quiet life and contributes heavily to this
community's charitable organizations.  He's one of the
volunteers every year with the Elf Louise project at
Christmas and gives several hours a month to the
Ronald McDonald House.  He's a patron of the arts and
has provided funding to several local playwrights.  We
found that he has never given any indication of
showing a sexual interest in minors.  Mr. Fuentes has
allowed his children to spend extensive time with Mr.
Graschel and is comfortable with that.  In fact, all
of the Fuentes children adore him and call him Uncle
Deet.

     "I met Eric at the airport when he first arrived
in town and remember the frightened, nervous child he
was.  In a matter of a few days he has become more
relaxed and is beginning to act more like a normal
teenager than a cornered dog.  Mr. Graschel is in the
process of obtaining a child psychiatrist to help Eric
work through his previous abuse and the shock of
losing his mothers."

     Angelina Solari allowed Herbert Milhauser to
continue until her inner humor at the situation
overcame her.  "Mr. Milhauser, just whom do you
represent?  Don't answer."

     She rose and retrieved her robe.  Eric and his
attorney followed her back into her courtroom.

     "Mr. Graschel," she said when she resumed her
seat, "your son speaks highly of you.  I would,
however, suggest that someone explain to him the
difference between a fifth and the Fifth Amendment."
Her tone suddenly turned serious.  "I received word
this morning that little Jane Doe's baby died so I
want her to remain in the hospital a little while
longer.  I was with the girl this morning when she
received the news and, while she doesn't totally
comprehend anything that's happened to her, she will
need around the clock medical care for a few more
days.  I will speak to her doctors on Friday and, if
they agree, she will be placed in your temporary
custody at that time.  I highly recommend, although I
will not require, that you have some kind of female
presence in the home at least part of each day.

     "It is highly unusual for a child, any child, to
be placed in the custody of a single male in this
state, especially a gay male.  The matter before this
court is `what is best for the child?'  I believe that
you are possibly the best solution at this time for
this child.  You have six months, Mr. Graschel, to
convince me that you are the only solution."

... Author's note:

     I've received comments from people who do not
live in Texas or the United States and thought I'd
clarify a couple of points related to this particular
chapter.  The Fifth Amendment of the U.S. Constitution
states that `... no person be compelled to witness
against himself', something that might be misconstrued
by a 14 year old child.  Elf Louise is a local charity
started many years ago by a young lady who was a
student at a one of our local universities to ensure
that children would receive Christmas presents when
their parents couldn't afford it.  In the 20+ years of
existence, it has grown from baskets of food and gifts
for 20 impoverished families into a city-wide
outpouring of love. The Ronald McDonald houses are
world-wide, a place where parents can stay when their
children are confined to hospitals for treatment of
serious conditions that require they be away from home
for extended periods of time.  Both of these programs,
which place children first, are excellent.  If you
have an equivalent in your community ... I urge you to
look into giving a few moments of your time or coins
of your nation to these worthy ideals.  To quote
someone whose name I have, sadly, forgotten: "If not
me, who?  If not now, when?"