What Mother Didn't Know - Chapter XXIV

Part I - Susan gets her wish.

Mr. Marks phoned to say that he was on his way with the supreme court decision in mother's appeal. He said he had good news and bad news, but that it should all work out. When he got to our house, he came in the kitchen and I poured him a cup of coffee. He handed me a small pamphlet style book that said State of Wisconsin, In Supreme Court. I opened it up, and it was the supreme court's decision on mother's appeal. What it said in essence was that the defendant had had a fair trial being adequately represented by counsel, and that she had an opportunity to present rebuttal evidence but chose not to, and that the evidence reviewed by the supreme court substantiated the charge against the the defendant. It also said that there was a motion by counsel to have the defendant committed to a state psychiatric hospital because the defendant needed psychiatric help. It said too, that while the court agrees that the defendant needs psychiatric help, the defendant can get said help at the prison where she is confined. This court rules that the evidence is substantial enough to support the conviction, and therefor the conviction of the defendant is affirmed.

I asked Mr. Marks what that meant, and he said that it means the state supreme court will not over rule mother being in prison. But he said, that he was going to file one more petition with the trial court, and see what we can do. He agreed that mother belonged in a hospital not prison. He said he was going to talk to the district attorney and see if they couldn't get together on a joint petition. He said that usually doesn't happen but it didn't hurt to ask.

Cindy and her mom came over too, and we had a nice talk. Then Cindy and I went upstairs so the adults could talk. Bobbie had the records already playing, and we were listening to them all the way up the stairs. We were lucky that Bobbie's bedroom wasn't above the kitchen, because we just got into our dance steps. We talked about my birth mother and what we would like see happen. But Bobbie, having more foster brothers and sisters than anyone could count, said it wasn't a good idea to get my hopes up, because the judge may not go along with the petition. I went back downstairs to ask Mr. Marks a question. Cindy and Bobbie followed.

"Excuse me. Mr. Marks, does the court have to abide by the supreme court's decision to keep mother in prison?"

"Well, usually yes, but if the trial court can see that the prison will not give your mother the help she needs, then the trial court has the authority to set aside the verdict and order a new trial based on new evidence, or the trial court can place her on probation and order her committed to the department for a civil commitment in a state psychiatric hospital. I will see just what happens when I file my petition.

"I do have to say this though. You have made us all think about ourselves in such a way that we think what is good for others. See Susan, being an attorney for as long as I have been, you get this apathy in such a way that you don't care if your client is guilty or innocent. Your innocence is like an arrow piercing the heart. You have really made us look at ourselves, and what we are doing. This may come as a surprise to you, but even Miss Sullivan, as hard bitten as she is, has even been more lenient in court lately. When a child your age can make adults like us just a tad more human, then you can say you have really done something. I have a lot of respect for you, Susan, because all you care about is what is good for others, even if it is at your own expense. I have seen you time and again, care for your sister, think only good thoughts about your mother, be there for others too. You have really pierced our hearts, Susan, and that is a good thing.

"So what I am going to do is get character testimony for your mother. The only one who can say positively about things, is you. You were there, so you know what actually went on. I hope that the petition is granted, I really do."

"You have brought more sunshine in this house since you and Angie have been here. I am very happy we were able to adopt you and Angie, because now you can see that life is a lot better than what you were living. I will be there at the hearing too, and I will be able to give character testimony about you, Susan, and if you say that your mother needs psychiatric help in a state hospital, I will say that you are so gracious you just want what is best for her, and prison is not it."

"Thank you, mom," I said giving her a big hug. "And thank you too, Mr. Marks."

That evening, as I lay in my bed, I was thinking about what I had read about the supreme court's decision. I only wish they could see what I see, and how I see it. Mother isn't a bad person, she just needs help. So why am I worried then, if I feel it will all turn out okay? I didn't know, but the supreme court said mother has to stay in prison. I am hoping that Mr. Marks can make the judge let mother go to the hospital. Yes I know, I'm a broken record. But what would you do though? I don't like to see anybody punished for something that they can get help for.

I must have fallen asleep, because the next thing I knew, it was morning. I got out of bed, and got my clothes for the day. Today was a school day, and surprisingly I wasn't behind in my studies, or my exams or tests. Well anyway, it was cold outside so I wore my pink jeans under my black A-line skirt. My blouse was just a cream color, and my hair was in a pony tail. I put on my cream colored Mary Jane's, and went down to breakfast. Mr. Marks was sitting at the kitchen table. I told mother I would have one egg scrambled, one slice of toast, one slice of bacon.

Then Mr. Marks showed me the petition he was going to file with the court. "I wanted you to read this before I filed it today. What this says is that you want your mother to go to a psychiatric hospital because she needs psychiatric help, and that she cannot get that kind of help in the prison, because they just don't force you to attend therapy there. This also says that you believe your mother is a good person, but just needs the help. I will file this with the clerk today when I go to court. I have another case I have to be at at ten. And seeing that the school is in the direction that I am going, would you girls like a ride?" We all said yes together. "Then when you are finished with your breakfast, we can go.

We went in the courtroom, and judge Reynolds told us to be seated.

"This case is very unusual, not only in the crime that was committed, but in the constant litigation that has been going on. There are more briefs in this case than in an appeal by a death row inmate. Alright! This petition by Mr. Marks asks the court to reduce the defendant's sentence from a prison term to a civil commitment in a state mental hospital. While I am against anything that will give this defendant any room for freedom, the freedom she refused to give her oldest daughter, I am a fair person, and I believe in hearing both sides. I also see that we have an amicus curiae brief by assistant district attorney Kathy Sullivan. And the hits just keep on a coming, as the saying goes. Miss Sullivan, I think we will hear your side first."

"Thank you, your honor. I prosecuted Mrs. Kelly in the original case, and I was not sorry that the trial judge sentenced her to ten years. But I met this astounding young lady who has a heart of gold, silver, and platinum, and she showed me what being human is all about. I found that I actually have a conscience and that I would be remiss in my duty as a Christian not to listen to the voice of reason. I'm sure everybody here knows who I am talking about when I say this young lady has made us all sit up and take notice.

"So your honor, as I stated in my brief to the court, I believe that after looking at all the evidence, and seeing the actions of the defendant Margaret Kelly, and listening to her constantly avowing that Susan Marie Kelly is a male, I have come to realize that the defendant needs help, and she will not be able to get the kind of help she needs in a prison setting. I have talked this over with the district attorney and he agrees that the defendant should receive psychiatric help in a state hospital, and that the defendant's sentence be reduced to a civil commitment. Thank you, your honor."

"Mr. Marks, do you have anything to add to what Miss Sullivan has said?"

"Just this your honor. Susan has done nothing but ask to see her mother and try to get her mother to see that what she did to her was wrong in the eyes of the law, as well as society. I agree with Miss Sullivan that this young lady is nothing less than astounding in her demeanor towards others, even those that have harmed her. This young lady has a very forgiving soul, your honor, and she has constantly said that she hopes that her birth mother, the defendant here, can get help in a hospital instead of a prison. I agree with her too. Thank you, your honor."

"Very well, Susan, would you like to say a few words?"

"Yes ma'am. I know that deep down my mother is not a bad person. She just needs help, and I think that if she were in a hospital, she would get the help she needs. I still love her no matter what she has done, and I know that she will see what she has done to me is wrong. It may take some time, but she will see what she did was wrong. I am hoping, ma'am, that you will send her to a hospital so she can get help. Thank you."

"Well! In all of my years on the bench I have never had a case like this. Before coming into court today, I looked at what authority there is in matters like this, and I have found several cases where prison sentences were reduced to civil commitments, and they have worked out for the most part. I am going to do this, then.

"Mrs. Margaret Kelly, it is the order of this court, that you be taken from here, to the Winnebago state hospital at Oshkosh, Wisconsin and there you shall be confined until and at such time as the doctor or doctors charged with your care deem you are ready to return to society as a responsible person. If you complete your therapy and are deemed by your doctor or doctors to be sane and responsible, I will order now that your criminal record be erased and that it be replaced by the civil commitment. Mrs. Kelly, consider this probation. If you do not complete this probation, I will return you to the prison to serve the remainder of your time. Do you understand what I just did, Mrs. Kelly?"

"Yes, your honor, I do."

"Are you going to complete the terms of this probationary civil commitment?"

"Yes, your honor, I will."

"Very well, it is so ordered that you be taken to the hospital forthwith and there you shall undergo psychiatric counseling until and at such time as the doctor or doctors deem you sane and responsible. This court is in recess. One other thing off the record. Mrs. Kelly, you have your daughter to thank for this. If it hadn't been for her, you would still be in prison. Do you understand that?"

"Yes, your honor, I do. Thank you, Susan.

"You're welcome, mother, and I still do love you."
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This is a very short chapter, more of an epilogue than anything else. If you would like to hear more about Susan and her new family, and what she goes through to get her birth mother to understand that she had done Susan wrong and actually committed a crime, please let me know. I have several chapters in mind, but I need to hear from you if there should be a volume 2.