A Mother's Determination

“Will the defendant please rise.”

Shaking, but with resolution on her face, Holly Gebhardt stood. Her attorney stood beside her.

“Has the jury reached verdicts on the three counts?” “Yes, your Honor, we have.” “Will you please read the charges and your verdict on each.”

“On the count of breaking and entry with intent to commit a crime, we find the defendant, guilty.”

Moans wee heard from the gallery.

“On the count of custodial interference we find the defendant. Guilty,” “He’s her son!” “She should have him !” The judge banged his gavel, CRACK “ORDER” “He kept him from her!” CRACK, CRACK. “What about him?” CRACK, CRACK, CRACK, “ORDER!” CRACK, “I will have order in my courtroom. Now sit down.!

The judge motioned for the foreman to continue.

“On the count of kidnapping we find the defendant, not guilty. Holly’s knees buckled as cheers from the family and friends rang out. CRACK! Came a quick rap of the judge’s gavel and an authoritative “Order! One more outburst and I will clear this courtroom! Now sit down!” CRACK!

Murmuring could be heard throughout the gallery. Everyone sat done except Holly and her attorney.

“Miss Gebhardt, I am a family man. I understand why you did what you did. But I cannot rule on the basis of my opinion or how I personally feel but on the law itself. I am placed on this bench to interpret and uphold the law to the best of my ability.You were found not guilty of the most serious offense. Your ex allegedly violated visitation court agreement, but we are not dealing with him at the moment. We are tending to your actions and yours alone.”

“You were found guilty of custodial interference as well as breaking and entering with intent to commit a crime.”

“You should have went through law enforcement and your attorney and allow the legal system to work. Unfortunately, it is the child who usually is caught in the crosshairs.”

“The child will remain in temporary care of the grandparents Mr. and Mrs. Gebhardt, pending the sentencing of Miss Gebhardt and upcoming trial of Mr. Anthony Silvas.”

Holly stood silently, eyes downcast.

“This court is adjourned until 10 a.m. next Wednesday, when I will hand down sentencing. Court adjourned!”CRACK!

Holly glanced at her mother mouthing, “Be strong,” as the bailiff led her out of the courtroom.

“I was hoping all charges would be cleared. Cody is my son. I have primary care .Tony violated the visitation agreement, He is the one who should have been on trial, not me”

The iron barred doors closed and locked behind her. Holly stood in the cell, feeling sick and claustrophobic.

“Six more days, six more days to find if and for how long will I be apart from Cody.”

Holly sat on the thin cot. “Would I do it again? Yes, I think I would. What choice did I really have?” Holly placed her head in her hands, “Dear Lord keep your hand over Cody and help me face whatever lies ahead. Amen.”

Holly thought over the last three yers.

“Tony was such a charming man, he was so passionate. I fell for him immediately. I had never known anyone like him.”

“We were married at one of his vineyards in France. Three moths after first meeting. Everything was so romantic.”

“I thought I was living a romance novel dream. Six months later my dream marriage was turning into a nightmare. That was when I found out I was pregnant.”

“I was thrilled but Tony was infuriated. He blamed me for getting pregnant. After Cody was born. His affection toward me changed”

“Tony played the part of the doting father around his family and friends but a different one when we were alone.”

“He never struck Cody or harmed him physically but he would constantly yell at him. He would say negative things like. "You’re stupid." And "I wish you were never born". When I told him enough was enough, he told me to get out.”

“I took Cody and left that same night. We went to a friend’s house. The divorce took six moths,Cody was close to two by the time it was finalized."

“It was my word against Tony and his lawyers about his verbal abuse.”

“It was useless, unless I could prove Tony unfit, it would be automatic joint custody, I couldn’t.”

Holly was given primary care and the conditions of visitation went back and forth It was settled that Tony would have his son one weekend a moth, agreed upon by both parties, he would pick him up on Friday afternoon and then return him by 7 pm on Sunday. He would have him a total of two months in the summer, and alternate Thanksgiving and Christmas.

Holy hated the idea of her son going with Tony. She wasn’t even sure why he even fought for any visitation rights.

At first the visitations actually went amicably. Holly found herself starting to soften a little around Tony. “Maybe he is learning to enjoy being a father.” Tony was even cordial and polite to her.

Cody’s second birthday was in less than a month. Tony had an idea and shared it with Holly “My family would like to celebrate Cody’s second birthday.”

Holly started to speak

Tony held up a hand,“Just hear my thought. I am asking if I could take Cody the weekend after his birthday instead of two weeks later. My family will be together and they would love to have a birthday party for him. Cody will love it! I would come pick him up on Friday afternoon the party would be Saturday and I would bring him home Sunday evening by 7pm.”

“What do you say Holly? Will you let me do that ? For my family? Please.”

“Tony always had those big, brown, pleading eyes that I couldn’t resist. Just because we cannot live together, does not mean his family shouldn’t see their grandson.”

Holly agreed. The weekend after Cody’s second birthday she packed his bag, kissed him and watched as her ex drove off with Cody smiling and waving “bye-bye.”

At 7 p.m. Sunday evening, Tony had not return with Cody. Holly had no idea where they were. He was not retuning phone calls. She called his friends, they said they didn’t know anything.

Holy called his mom and asked if Tony said anything about his plans with Cody after the party.

“What party?”

“His second birthday party.”

“There has been no party.”

“What? Tony said your family wanted to celebrate Cody and that is why he came and got him. He said you were to have party on Saturday and then he would bring him back Sunday evening”.

“I am sorry Holly, but Tony has not talk to us or visited since your divorce was finalize. I haven’t any clue where he is but if I hear anything I will let you know.”

“Ok, thanks.”

Holly felt dizzy and sick. “Oh God, he lied to me, he has had Cody for over 48 hours and it is 10 pm, 3 hours past the time he was to bring him home. I have to call the police.”

Holly told the police what had happen. They basically didn’t think that Tony would harm Cody and for her not to worry and to let them handle it.

“Not to worry! Like I am going to just sit back and wait? I don’t think so!”

“Should I trust Tony’s mother? Is she telling the truth or is she protecting him? A mother will sometimes do anything for their sons. I know, because I would do anything for mine.”

Holly spoke with her attorney the next morning. Mr. Silvas could be brought up on custodial interference since he allegedly failed to bring the child back at the allotted time and could be charged with kidnapping in their state.

“If they can find him.”

It had been month since Holly last saw Cody. Holly was wondering if she would eve see her little boy again. The police had no leads. “Tony has to be on the run just staying ahead of the law”

Tony’s mother called, “I remember Tony said one time his business partner Michael Jones had a cabin near Clear Lake. It was off the road about two miles. Tony said Michael said he could use it any tine “I will send you the address”.

“I can’t wait for the police to move. It could take too much time. I need a plan of getting Cody back myself. I don’t dare tell anyone because if something goes wrong I don’t want anyone else involved.”

Holly rented a car that Tony would not recognize and drove the seventy-five miles. Holly found the cabin, Cody was outside playing in a sandbox. He seemed to be fine. She spotted Tony and another woman. Holly’s mind raced.“What was Tony saying to her? What was he telling Cody? That this was his new mommy?”

Holly’s blood was about to boil. “If I could I would grab Cody right now.. I am not so sure that if I had a gun, if I wouldn’t shoot Tony.” Holly shook her head at the thoughts.

She watched them take Cody in the house. She did not want to leave, afraid that they would sense she was near by and take off with Cody.

Holy had found the layout of the cabin.“If things haven’t changed, then the logical place for Cody’s room is on the south west corner of the house.”

She hoped Tony had placed his crib near the window and that Cody would be sound asleep. She could not have him squealing.

Holly thought, “Tony will probably have alarms set but hopefully he won’t have alarms on the window in Cody’s room. I hope he remembers Cody always slept better in a cool room and had left the window open.”

Holly waited until al the lights were off and she figured everyone was asleep. She crept up the window outside the room and peeked inside. She could see the outline of Cody in the crib.

“Dam.” The crib was not next to the window but across the room she would have to be inside the house to get her son.

“I wish he was in a toddler bed. I could hopefully get him to quietly walk over to me and I could get him out.” Holly listened for a few moments. All quiet.

She peered across the lake at a cabin about 1/2 mile way, it seemed quiet. If she was going to get her son back, she was going to have to do this herself and do it now.

Cautiously she lifted the window, no alarms. “Good” She slid herself through the opening onto the carpeted floor. Lying motionless, she waited with bated breath, nothing, no sounds, no alarms.

“Good Cody is sleeping.” Holly went over to the crib picking up the toddler, who started to squeal “Mommy” “Shh, shh, we are playing the quiet game. Remember how to play?” Cody nodded . “ Good, Shh.” Cody placed his fingers to his mom’s lips whispering “Shhh” He laid his head down on Holly’s shoulder. “Oh how I missed the smell his fresh washed hair, holding him and felling his hugs.”

Grabbing his stuffed puppy Holly went to the window “I can’t crawl out with him and I can’t leave him here hoping he will stay by window. I will have to lower him out first in the blanket.” She lowered Cody to the ground and quickly she scooted out the window.

She scooped Cody up and ran toward the cr. Placing him in the car and quickly buckling him in, she took off, she drove nervously to t a near by park, stopping to make sure Cody was secure in his seat. She would worry about what Tony would do later.

“What if he thinks stranger has Cody?”

Holly decided to send a text to Tony:

Cody is safe with me, where he belongs.

The next day police were at her door with warrant for her arrest on the charges of: breaking and entry with intent to commit a crime, custodial interference and kidnaping.

“ Custodial interference and kidnapping? Cody is my son.!! I never should have sent Tony that text.”

The officers came with social services who took Cody into temporary care. Holly was concerned more of Cody and asked if her parents could take him.

“We will consider that and if they meet our standards and want to I think that could be arranged."

Holly was hopeful that her parents would get Cody. “What about Tony? He kept Cody away from me, doesn’t he deserve any of this?” Holly’s voice was escalating.

“Calm yourself Miss, we told you to allow us to handle things. There is a process to go through. Mr Silvas will be dealt with under the law.”

It was not easy being on trial. Holly could see the sadness on her mother’s face. Her ex had been brought in to testify against her. It was the battle of “he said, she said.”

“The trial is over and the jury has decided my guilt. The judge will decide my fate on Wednesday.”

Holly had to face the fact she did unlawfully enter her ex-husband’s place of residence, which was wrong but she did it to gat her son back. He had been kept from her and to protect Cody she would do it again.

Wednesday court room 321 Judge Charles McClousky

“Honorable Judge Charles McClousky presiding. Please rise”

“Be seated. Will the defendant please stand along with her attorney”

Holly stood as brave as she could but inside was shaking. “Should I have waited for the police to move, would Tony have taken Cody out of the country. I may never have gotten to se him again. Too late to change it”

The judge took a deep breath, “ Miss Gebhardt the legal system is far from perfect, but we cannot have everyone taking the law in their own hands based on their interpretation of said law.”

“On the charge of custody interference. Guilty. In this state this is a misdemeanor. You had primary care, but you did not go through proper legal channels when your ex allegedly violated court ordered visitation conditions.However, based on the defendant’s character, this court is dismissing the charge.”

“On the charge of breaking and entering with intent to commit a crime. Guilty”

Holly’s stomach was in knots as the judge continued, “This court believes that the defendant is not a threat to society and has not had any prior history with the law. Therefore this court will hand down the minimum sentence.”

Holly stood silently.

“This court sentences the defendant to two years in State Prison.” Moans and cries rang out from the gallery. CRACK! “This court sentences the defendant to two year in state prison, Suspended.

Cheers from the galley erupted. CRACK! “Order!”

This court requires Miss Gebhardt serve 360 hours community service at the Love Your Children Center. They focus on helping separated and divorced parents stay untied in raising their children. You will report to Mrs. Williams next Monday at 9 a.m. for details.

Finally, This court also deems that Miss Gebhardt retain primary custody of minor child Cody Janes Silvas.

“Good luck, Miss Gebhardt, I better not see you on trial in my court again,” the judge said, slightly smiling.

“Court adjourned”. The judge banged his gavel one more time. CRACK!