A bright-eyed woman took her seat after being sworn in. She was dressed professionally in a simple suit and skirt. Her auburn hair was pulled back in a neat bun and she studied the courtroom through rimless glasses.
“Doctor could you state your profession please?” Tracy asked.
“I’m a forensic technician. I am currently employed with the Metropolitan Forensics Lab.”
“And what do you do there?”
“Mostly DNA testing concerning missing persons but we also process evidence gathered at crime scenes.”
“Does this include drug testing?”
“Some but that’s usually done at a different lab.”
“Is it safe to say you deal mostly with evidence directly tied to people then?”
“Yeah that sounds right.”
“Have you ever processed drug tests?”
“Yes of course. That is quite common.”
“What would you say is the biggest downfall of such tests?”
“Well timing mostly. All drugs are processed differently by the body so they all exit the body differently. Marijuana is known to stay in the body for a long time but Ecstasy only a very short time before it becomes untraceable.”
“Any other difficulties?”
“Drug tests are also indiscriminant. Certain substances can cause a person to fail a test even if they’ve never taken a drug in their life such as poppy seeds. A drug test will read positive for Opioids if a person had eaten anything containing poppy seeds such as a muffin or bread sometimes up to two or three days later.”
“Objection, is this questioning going anywhere?” Emerson’s lawyer stood.
“Merely establishing Doctor Schrodin’s expertise.”
“Overruled. Continue Counselor but get to the point.”
“Given the deficiencies of standard drug tests are there better ones?”
“Yes actually. An analysis of the hair is best.”
“Hair? Really?”
“It sounds strange but it’s true. We spend so much time and money coloring it, cutting it and styling it but in actuality it is a complete record of everything we’ve ingested, smoked or imbibed. And the longer the hair is the further back we can look sometimes months.”
“Is it really that accurate?”
“A few years ago we solved a kidnapping case using hair. The kidnapper sent some of the victim’s hair as proof of life and we were able to determine where she was being held using the chemical additives present in the water she drank. So yes, it is very accurate.”
“Your honor, I’d like to submit this to the court,” Tracy pulled a paper from her briefcase. “This is an analysis of hair samples provided by my client, the kids and myself as a control. Doctor Schrodin, you are familiar with this test, yes?”
“Of course. I collected the samples and performed the tests myself. My colleague was also given samples to act as a double blind control. Our results were the same.”
“And what are the results?”
“There is absolutely no sign of drug use in any of the samples.”
“Objection. Is this the witness’s opinion or fact?”
“It is fact,” the Doctor answered easily. “We didn’t even find any traces of ibuprofen or acetaminophen.”
“Thank you, Doctor,” Tracy smiled. “Your honor I’d like to submit this to the court as well. It is a copy of a police report. People living across from my client’s apartment called 911 to report a break-in. According to the witness statement two men in hoods climbed the fire escape and pried open her window to enter her apartment. Police responded but at the time of their arrival the perpetuators had already fled. The responding officers knocked on her door and when no one answered they left. Given the timing of this break-in and the supposed anonymous tip I would be inclined to argue it is highly likely the perpetrators broke in to leave something.”
“Y-you have no proof!” Emerson suddenly stood.
“Neither do you, Mister Carlisle,” Tracy said with a smile. “And I don’t need proof, only reasonable doubt.”
Emerson fell silent.
“The knowledge I lack for custody hearings I more than make up for in experience with criminal cases.”
“H-how…”
“Order! Order!” Judge Matthews rapped his gavel. “Mister Carlisle I suggest you sit down and let your Counsel do their job.”
“Well he’s doing it poorly! This break-in proves the area isn’t safe for the children!”
“Mister Carlisle, sit down or I will find you in contempt of court. Miss Carlisle, or Carter…which do you prefer?”
“Carter,” Ava answered after a moment of hesitation but she managed to say it without stuttering.
“Very well. Miss Carter do you have another place to stay?”
“Yes. We’ve actually been staying somewhere else the past several weeks.”
“You have? And where have you been staying?”
“Well…” Ava hesitated but Alexis leaned close whispering, it’s okay mom. “…We’ve been staying with the kids’ biological father.”
“What!” Emerson leapt to his feet again.
“Order! Order! Mister Carlisle, sit down.”
“Your honor,” Emerson’s lawyer stood. “According to the children’s birth certificate their father is unknown. Now if Miss Carlisle-Carter lied when filling it out that is a problem.”
“I never actually said he was unknown,” Ava quietly said. “When I got to the hospital the nurses asked about the father but I just shook my head because he wasn’t coming. They assumed the rest. I just didn’t correct them.”
“And why didn’t you?” the judge gently asked.
“He and I…weren’t together at the time and I…didn’t think he wanted to be so…I left it.”
“And where is the father now?”
“Here,” Silas stood leaving the seat he had taken in the back of the courtroom. He and Thomas had entered shortly before the commotion over the raid began. Everyone was so focused on the events at the bench they didn’t mark his appearance so all were suitably surprised save for Alexis who had caught the scent of his cologne.
“And you are?”
“Silas Prescott,” he approached ignoring Emerson completely and gazed at Ava with concern.
It had taken everything in him not to interfere when the accusations of drug use was tossed about. How dare they accuse her of something like that? His Ava!
“Prescott,” Judge Matthews took a deep breath recognizing the name immediately.
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