The Custody Hearing Was Set for Ten, and Kaylee Was Still on His Hip

Elena Rostova

Forty minutes before the custody hearing, the lobby doors of the Holt County sheriff’s office banged back against the wall and SIX bikers walked through them.

The biggest one had a nine-year-old on his hip, her face mashed into the front of his vest, and she was on my caseload.

Kaylee. That hearing would decide whose house she woke up in until she was grown.

“She’s not going back in that room,” he said. “NOT with that man down the hall.”

Behind me a deputy was already crossing toward the guy in the brown work coat by the front counter.

I had her interview consent on a clipboard against my chest, for the talk that was supposed to happen quiet, before any judge ever saw her face.

I’d met the big one exactly once before. February, sleet, the Sinclair on Highway 14 with the green dinosaur out front.

His taillight wire had shaken loose. I had electrical tape in my glove box, so I held my umbrella over him while he wrapped it.

He saw my county lanyard and asked my name. “Rhonda,” I said, and he said it back once, like he was filing it.

I didn’t think about him again. I had forty-one open files and a car with no heat.

Winter went, then spring, and nobody brought it up.

Kaylee’s mom had died three years before, an overdose the county ruled an accident, and her grandmother Bev had raised her since on a disability check.

Bev called in May about nightmares. I wrote it up as grief.

Then Kaylee told me, flat as a lunch order, “Daddy’s truck comes at night and doesn’t knock.”

A few weeks later she was sleeping in her sneakers. Shane said kids go through phases.

It wasn’t anything I could put in a file. I closed the concern.

That was when the riders started idling at the end of Bev’s gravel at seven every morning and following Kaylee’s bus all the way to school.

Her mom had ridden with them. The big one was Lonnie, and he never once mentioned the tape.

“Kid’s scared of a person, Rhonda,” he told me once in the school lot. “A particular one.”

I told him I couldn’t hand a judge a feeling.

The hearing got set. Shane’s lawyer called it paperwork, a clean record and steady hours at the feed mill.

This morning the detective put Shane behind the glass in the viewing room, which is how they do it here.

Kaylee saw him through it and screamed until her voice gave out.

Then I heard engines in the lot, and then the doors.

The detective steered me over by the vending machine with a lab printout rattling between two fingers.

“They reran her mother’s blood work in August,” he said. “Something’s on there the first lab missed.”

My stomach went straight through the tile.

“WE’RE REOPENING HOW HER MOTHER DIED,” he said.

“Come look at this. And that girl does not leave this building.”

The Yellow Line on Page Two

He turned the printout around and pressed it flat against the side of the vending machine so it would quit shaking.

The printout was two pages, stapled at the corner.

The first page was a column of words I didn’t know, with “none detected” printed beside almost every one of them.

One line had been gone over with yellow highlighter so many times the paper had pilled.

I tried to say the word on it and quit halfway.

“That one,” he said. “That’s the one the first lab didn’t flag.”

He lifted the corner of the first page with his thumb.

The second page was a printout from the pharmacy out by the bypass, the long kind with holes down the edges.

The same word. A fill date. A signature line with a name typed under it.

Shane Tackett.

“Nine days before she died,” Detective Weems said. “Filled in his name. Picked up by him. He signed the little screen at the counter himself.”

I looked across the lobby.

Kaylee was on the bench by the doors now, still on Lonnie’s lap, her cheek flat against his vest. Her sneakers were double-knotted. She had a fistful of the leather at his collar and hadn’t let go of it since they came in.

The other five riders had spread themselves along the glass without anybody telling them to. One of them held the door for an old man coming in to pay a ticket and said, “Go ahead, sir.”

Shane sat in a plastic chair near the front counter. A deputy stood beside him, easy, the way you stand beside a man you’ve asked to wait. Somebody had brought him a coffee in a foam cup.

He saw me looking and lifted the cup an inch, like we were neighbors at a ball game.

“I’ve got a call in to the prosecutor,” Weems said. “Until I hear back, that girl stays where I can see her.”

“The hearing’s at ten,” I said.

“I know when the hearing is.”

He folded the two pages in half, then in half again, and slid them into the inside pocket of his sport coat.

“Rhonda,” he said. “Three people had the time for this morning. You, the grandmother, and your office.”

He looked over at Shane and the coffee.

“So how did he know to be here at eight-thirty?”

The Spiral Notebook in My Glove Box

I’m fifty-one. I’ve been with Holt County family services for nineteen years, and for all nineteen of them I’ve driven my own car and turned in my own mileage.

The car right now is a 2009 Impala. The heater blows cold air on high and nothing at all on low. I keep a fleece blanket in the back seat for the kids and a second one up front for me.

In the glove box, under the registration and a pencil tire gauge, is a green spiral notebook.

The woman who trained me kept one. She’d been with the county since before we had computers, and my first week she told me the file belongs to the county and the notebook belongs to the kid.

“Write down what they say,” she said. “Their words, not yours. The date. Where you were standing when they said it.”

“And if the concern gets closed?”

“You close the file. You don’t close the notebook.”

So I’ve got nineteen years of kids’ sentences riding around in the glove boxes of three different cars.

Kaylee is on pages forty through forty-six.

Bev’s call in May is there, with the date and the time, and Bev saying, “She wakes up hollering and won’t tell me what about.”

Kaylee’s line about the truck is there too, with the date and a note that we were sitting on Bev’s porch steps and Kaylee was peeling the label off a juice bottle while she said it. She got the whole label off in one piece. She handed it to me like a present.

The sneakers are there. Shane’s word, “phases,” is there, in quotes.

And under all of it, in my handwriting, the word CLOSED with a box drawn around it.

I’d forgotten something else about that February afternoon at the Sinclair.

While Lonnie was wrapping the wire, sleet running off the edge of my umbrella onto his back, I’d said something about how it wasn’t safe to ride with no taillight.

“Been out a week,” he said. “Washboard roads’ll shake anything loose. I do a lot of back roads after dark.”

I figured that meant he drank, or couldn’t sleep, or both. I didn’t ask. I was cold and I had a home visit in Carlow at four.

He finished the wrap and bit the tape off with his side teeth and stood up and looked at my lanyard again.

“County,” he said. “You do the kids?”

“Some of them,” I said.

“Rhonda,” he said, one more time, and put his helmet on.

I drove home with the heater blowing cold and never wrote him down anywhere.

I had written down every word Kaylee ever said to me, and closed her file anyway.

Line Two, Nine Twenty-Six

My phone went at nine twenty-six. The screen said PRUITT, which meant Gary, my supervisor, on his desk line.

I stepped over by the water fountain to take it.

“Where is the Tackett child right now,” he said. It didn’t come out as a question.

“Sheriff’s lobby,” I said.

“I know that. I’ve had Doug Oakley on the other line for ten minutes telling me she’s being held down there by a motorcycle gang.”

I looked at the five riders along the glass. One of them was helping the old man with the ticket find his reading glasses, which turned out to be in the old man’s own shirt pocket.

“She’s with Detective Weems,” I said. “He asked me to keep her here.”

“Weems doesn’t run her case. We do. Have her across the square by ten.”

“Gary, how did Oakley know about the interview?”

The pause went on long enough that I heard his chair creak.

“I gave him the time,” he said. “As a courtesy. We keep things cordial with counsel, Rhonda, you know that. His client asked to observe. I didn’t see the harm.”

“You didn’t tell me.”

“I don’t run my calendar past you.”

Behind me, Bev had come out of the ladies’ room with Kaylee’s backpack over one shoulder and her cane hooked on her wrist. She’s sixty-six. Her hip is bad and she’d driven in behind the riders at forty miles an hour the whole way.

She saw my face and stopped walking.

“Oakley’s saying they’re keeping her from her father,” Gary said. “Oakley’s saying he’ll tell the judge whose worker let it happen.”

“She screamed, Gary. She saw him through the glass and screamed until she couldn’t anymore.”

“Kids get upset at these things. That’s what hearings are for.”

I didn’t say anything. I watched Kaylee on Lonnie’s lap. He had one big hand spread across her back, not patting it, not rubbing, just there.

Bev came and stood next to me and put her free hand on my arm. Her fingers were cold.

“Is that your boss,” she said.

I nodded.

“Is he coming?”

I didn’t know. I didn’t answer her.

On the phone, Gary breathed out through his nose.

“Have her in Courtroom B at ten, Rhonda,” he said, “or I’ll send somebody who will.”

The Brown Work Coat

Doug Oakley came through the front doors at nine-forty with a briefcase in one hand and his phone in the other.

The rider nearest the door held it for him. Oakley walked through without looking at him.

He went to Shane first and put a hand on his shoulder. They talked low. Shane nodded at the floor and turned the foam cup around in his fingers.

Then Oakley came to me.

He read my last name off my lanyard and said it wrong.

“I want to make sure you understand what’s happening here,” he said. “A father drove in at eight in the morning to support his daughter at an interview your own department scheduled. He sat where he was asked to sit. My client has been nothing but patient. And this child was taken out of a law enforcement building by a group of men nobody has vetted, and carried back in like a trophy.”

That wasn’t how it went.

Kaylee had come out of the viewing hallway at a dead run, past the counter, out the side door by the restrooms, with Bev behind her on the cane calling her name. Lonnie had been parked around the side on his bike, the same way he’d been parked at the end of Bev’s gravel every morning since school started. She went straight into him.

He’d picked her up and walked her around to the front. The others had brought their bikes around from the side lot to line the curb. That was the noise I’d heard.

I didn’t tell Oakley any of that.

“We’ll be letting the judge know who kept this child from her own hearing,” he said. “I’d hate for that to be you.”

Shane had stood up. He was a nice-looking man, clean-shaven, the brown work coat zipped to the neck. He smiled across the lobby at the bench.

“Hey, bug,” he said. “Hey. Daddy’s here.”

Kaylee put her face back into the vest.

Shane took one step toward the bench.

The rider closest to it, a heavy man with a gray ponytail the others called Pete, moved half a step into the space between them. He kept his hands in his vest pockets. He didn’t square up.

“Sir,” Pete said, “I’d give her some room.”

The deputy said Shane’s name once, not loud, and Shane went back to his chair and sat down and crossed one boot over his knee.

Oakley wrote something on a legal pad.

I went and sat on the end of the bench. Kaylee’s sneaker was resting against my knee. She didn’t move it away.

Lonnie didn’t look at me. He was watching Shane over the top of Kaylee’s head, and when he talked it was so quiet I almost didn’t catch it.

“Tuesday night,” he said. “Out at Bev’s. Lights off, forty minutes. Same as always.”

Lonnie’s Phone

“What do you mean, always,” I said.

He shifted Kaylee a little higher on his shoulder and dug his phone out of his back pocket with his free hand. The screen was cracked across one corner. He thumbed it open to a note and handed it to me.

It was a list. Dates down the left, times after them, a few words after that.

June 11, 10:52 to 11:31. Truck at end of gravel. No lights. Engine running.

June 19. June 30. July 8. July 22.

Eleven of them. The last one was Tuesday.

“We been taking turns,” he said. “Since school let out. There’s a pull-off by the church across the road. You can see her window from there.”

“Since June,” I said.

“Before that it was only me.”

I looked at him.

“That taillight in February,” he said. “I’d been running dark past her place so he wouldn’t see a light behind him. Pulled the plug on it myself. The washboard shook the wire the rest of the way out.”

He said it the way you’d tell somebody the weather.

“Did you give this to Weems?”

“Back in July,” he said. “He said a list on a phone wasn’t anything he could take to a judge.”

He looked at me then, for the first time since he’d sat down.

“Sounded familiar.”

I didn’t say anything.

“He pulled Misty’s file anyway,” Lonnie said. “Said it didn’t cost him nothing but a phone call to the lab.”

I handed him the phone back and stood up.

I went out the front doors, past the five bikes parked nose-out along the curb, and across the lot to the Impala. The sleet was months gone. It was a plain gray September morning and my hands were shaking anyway.

I opened the passenger door and then the glove box, and got the notebook out from under the registration.

The roll of electrical tape was still in there, what was left of it, a thin black ring around the cardboard.

I brought the notebook back in and sat down on the bench and opened it to page forty, and Lonnie held his phone next to it without me asking.

May 14. Bev: wakes up hollering. Nothing on his list for May. Nobody was watching yet.

June 12, 7:40 in the morning. Bev: bad night, she was up at eleven, wouldn’t go back to her room. His list: June 11, 10:52.

June 20. Bev: bad night. His list: June 19.

July 1. Kaylee on the porch steps with the juice bottle. His list: June 30.

I went down all of them. My pen was in my hand and it kept tapping the page, so I put it down on the bench.

Every morning Bev had called me was the morning after a night on Lonnie’s list.

Every one. And under the last of them, in my own handwriting, CLOSED with a box around it.

Kaylee had turned her head. She was looking at the notebook, then at me.

Eleven nights. Eleven mornings. I’d written down every one of them and called it grief.

Courtroom B, Ten Forty

Gary didn’t send anybody. He came himself at five to ten and stood in the lobby with his coat still on and looked at the riders and then at me.

“She stays,” I said. “Weems asked. I’m going over.”

I left Kaylee on Lonnie’s lap with Bev beside them and the detective standing where he could see all three. Then I walked across the square to the courthouse with the notebook in my coat pocket and Gary six steps behind me.

The judge had pushed us back to ten-forty for a juvenile matter that ran long. Courtroom B has one window and a radiator that knocks like somebody wants in.

Oakley talked for eleven minutes. I know because I watched the clock over the door the whole time.

He said Shane Tackett had held the same job at the feed mill for six years. He said Shane had never been arrested, never been cited, and had paid support to the grandmother every month without once being asked.

He said the grandmother was sixty-six with a bad hip and a disability check, and that the child had been sleeping in her shoes in that house, and he asked the court to think about why.

He said a group of men on motorcycles with no relation to the child had been following her school bus since August, and that this morning they had physically removed her from a sheriff’s office.

He said the county’s own caseworker had looked into every concern the grandmother raised and closed each one for lack of evidence. He held up a copy of the county file and read the line out loud.

“Concern closed. No evidence.”

He said the only person in this entire matter who had done everything right was the father.

Shane stood when Oakley asked him to. He said he loved his daughter. He said he’d missed a lot of her life since her mom passed, and he wanted the chance to make it up. He said he didn’t know why she was scared of him and it broke his heart.

He said all of it looking at the judge.

When the judge asked if the county had anything, Gary started to get up.

I stood up first.

“I closed that concern,” I said. “I shouldn’t have.”

The judge told me to go ahead.

I read Kaylee’s line off page forty-three with its date. I read Bev’s calls with their dates. I said a list of eleven nights and times existed, kept by the men Mr. Oakley had described, and that each night on it was the night before one of those calls. I said Detective Weems had a copy.

Then I said the last thing.

“My office gave Mr. Oakley the time of this morning’s interview. I wasn’t told.”

Oakley was on his feet saying none of that was properly before the court. Behind me, Gary had sat back down.

The judge looked at me over her glasses for a long time.

She set the hearing over three weeks. She said that until then, Kaylee would stay where she’d been staying.

Out in the hall, Gary waited until Oakley and Shane were all the way down the stairs.

“You’re off the Tackett file as of now,” he said.

A Roll of Black Tape

The write-up took forty minutes in Gary’s office. It said insubordination, and it said failure to follow chain of command. I signed where he showed me. Gary said it would stay in my file for two years.

Kaylee’s case went to Jolene Marsh, who’s been with us fourteen months and is good with the teenagers nobody else can get to talk.

At one o’clock I drove back to the sheriff’s office to hand Jolene the interview consent off my clipboard.

The riders were still there, bikes nose-out along the curb. Bev’s car was running at the end of the row with the heat on.

Kaylee was in the back seat with her sneakers up on the console. She rolled the window down when she saw me coming.

“Are you still my lady?” she said.

“Somebody new,” I said. “Her name’s Jolene. She’s got a dog named Biscuit and she’ll tell you about him whether you ask or not.”

Kaylee thought about that.

“Does she sit on the porch steps?”

“I’ll tell her to,” I said.

Kaylee nodded and rolled the window back up. Bev lifted two fingers off the steering wheel at me.

Lonnie came over from his bike. He had something in his hand and he held it out the way he’d held out that wrapped wire in February, like it was already settled.

A roll of black electrical tape, still in its cellophane.

“For your glove box,” he said. “You used yours up on me.”

“It’s not used up,” I said.

“It will be,” he said.

He went back to his bike. The six of them started up one after another, and Bev pulled out onto the square with the riders strung out behind her in pairs, the way they’d been following that school bus since August.

I sat in the Impala with the heater blowing cold. I put the new roll in the glove box beside the old one.

Then I got the notebook out and wrote down the date, and where I was standing, and what Kaylee said.

If this one got to you, send it to somebody who works a caseload out of a car with no heat.

For more tales of unexpected connections and the twists life throws our way, you might enjoy hearing about Wade’s Mom Handed Me Her List on an Index Card at My Shower or what happened when The Anniversary Cake Was Still Uncut When My Niece Went Quiet. And for another story involving a memorable biker, check out The Biker at the ER Desk Had Worn My Mother’s Ring Since 1995.