---

 
 
Part I - Court reconvenes.

It is amazing how a whole month can go by without you even knowing about it. Mom said Miss Sullivan called, and we are to be in court on Monday morning at eight o'clock. She said that my birth mother was out of jail, and the judge has ordered the trial to resume. I only hope my birth mother doesn't do anything dumb this time. It is really sad though that she can't see what everybody else sees. But we will hopefully get it all settled this time.

When Monday came, Mom woke us all up and told us to get our baths ready. Bobbie and I decided to save time that we would bathe together. She told me girls do that quite often. So we decided on a floral bouquet bubble bath, and she sat at one end of the tub, and I sat at the other. We just let the suds soak in for awhile, and then we both washed and rinsed. We wrapped towels around us after getting in to our lingerie, and headed for our rooms to get dressed.

I sat at my vanity and put on what little makeup I was allowed, and then got out my cream colored cotton dress, and my nylons, and my cream colored Mary Janes. I put my stockings on and stepped into my dress. I then put my Mary Janes on and fastened the strap. I looked at myself in the mirror, and made sure everything was straight. I went downstairs and only had a slice of jelly toast, a glass of mik, and a glass of orange juice. Mom always made sure we took a vitamin, because she said that our bodies need the extra help because our vitamin levels are lower than a man's.

After we were finished with the dishes, it was time to go to the courthouse. When we got there, we were met by Miss Sullivan just outside the courtroom door.

"Susan, we think it is better if you all sit in the very last row by the door. This way your mother can't get to you. We have a whole bench reserved just for your family. So let's go on in, and see what happens today." We went in the courtroom and sat down.

John, the bailiff called the case, reminding the judge that this is continued from the month before giving the date. The judge nodded that he understood, and told John to bring in the defendant. When mother was brought in, the judge addressed her very sternly.

"Miss Kelly, I want to know right now if you are going to show some decorum in this courtroom today and not disrupt the proceedings. It doesn't matter what you think at this point, because all we are doing is collecting evidence. The trier of fact is actually the jury, who after hearing all of the testimony and looking at all of the evidence will make their decision. Do you understand what I just said?"

"Yes."

"Then we will proceed. John call the jury in, please." The jury came in a sat in the jury box.

"Miss Sullivan, you may proceed."

"Thank you, your honor. I call Dr. Richard Schneider to the stand." Dr. Schneider sat in the witness stand and after being told by the judge that he was still under oath, told Miss Sullivan to proceed. "Dr. Schneider, so we are all clear, will you please remind us as to why you had contact with Miss Susan Kelly.?"

"Susan was referred to me by Dr. Allen Brinks."

"Why was the child referred to you?"

"Because when I had talked to Dr. Brinks, I was told that the child was genetically female, but had an overgrowth of skin covering her vagina."

"Did you treat the child then?"

"Yes I did. I learned from Dr. Brinks that Susan's mother was raising her as a boy. After I did a sonogram I discovered that Susan Marie Kelly had all of the normal internal organs of a female. I then ordered her to be operated on to remove the dead layers of skin that covered her vagina."

"Did you discover anything else."

"Yes, I did."

"What did you discover?"

"That when the dead layers of skin were removed, the child was menstruating. I ordered the nurse to talk to the child and let her know what was going on, because I didn't want the child to unnecessarily panic, because she was bleeding after the surgery."

"Dr. Schneider are you an OB/GYN?"

"No, I am a surgeon that mainly corrects birth defects in children and adults."

"Did you have an OB/GYN examine Susan Kelly?"

"Yes, I did."

"And who was the doctor?"

"Dr. Elaine O'Keefe."

"And do you know if Dr. O'Keefe examined the child?"

"Yes, she did."

"And were you present during that examination?"

"Your honor, I object to this entire line of questioning. It is hearsay."

"Miss Sullivan?"

"Yes, your honor, I intend on putting Dr. O'Keefe on the stand to verify what Dr. Schneider is saying."

"Then the objection is overruled. You may answer the question, doctor."

"Your honor, I..."

"Your objection is duly noted Mr. Connors. Proceed Miss Sullivan."

"Thank you, your honor. Were you present when Dr. O'Keefe did her examination?"

"Yes I was, as was the child's guardian."

"What, if anything, did Dr. O'Keefe find during her examination?"

"Objection, your honor, calls for a conclusion."

"Sustained. Continue Miss Sullivan."

"Thank you, your honor. I have no further questions for this witness."

"Any cross, Mr. Connors?"

"Yes, your honor. Isn't it a fact, that the blood you thought was menstrual blood, was in fact from the incision to remove the child's penis?"

"Mr. Connors, I am a doctor of medicine, and a surgeon. Are you going to stand there and tell me I don't know a penis from a graph of skin?"

"If it gets to the truth, yes."

"Objection your honor, badgering the witness."

"Sustained."

"Your honor," Miss Sullivan implored. "May we approach?"

"Yes, by all means. Sidebar of you please."

Both attorneys went over to the side of the judge's desk, and were talking in hushed tones. I could see Mr. Connors using his hands a lot, and Miss Sullivan looking at him like he was an alien from Invasion of the Body Snatchers. They talked for a long time, and the judge sat up, and both attorneys went back to their tables.

"You may proceed, Miss Sullivan."

"Thank you, your honor. Your honor, at this time I have a motion to present outside the presence of the jury."

"Alright Miss Sullivan. Ladies and gentlemen, please retire to the jury room until this motion is heard and decided." When the jury left the courtroom, Miss Sullivan made her motion.

"Your honor, I move the court to dismiss the jury, and find the defendant guilty on the charge of attempting to assault a minor, based on the evidence presented to this court."

"Mr. Connors, any objection?"

"Yes, your honor. My client has just informed me that sonograms can hide the genitals of the person being examined. We also have our experts too, that I am going to put on the stand."

"Miss Sullivan, have you presented all of your evidence to the court?"

"No, your honor. Not yet, but the evidence in testimony, and in documents already filed shows beyond a reasonable doubt that Susan Marie Kelly is genetically female, and that the mother has ignored that fact for twelve years. Almost thirteen. Also your honor, my next exhibit will be the sonogram that was taken of Susan Kelly, that shows genetic female organs."

"Mr. Connors, do you wish to continue with your defense?"

"Yes, your honor," he said sounding like he had just been hit by a Mack truck. Miss Sullivan turned, and gave us a wink.

"John, you may call the jury back in." When the jury came back in, the judge told Miss Sullivan to continue.

"Thank you, your honor, I call Dr. Elaine O'Keefe to the stand." This doctor was pretty, and she had her hair in a high pony tail, and wore a teal blue, print skirt, with a rose top. She took the stand and was sworn in. "Dr. O'Keefe, are you a doctor of medicine?"

"Yes, I am."

"What is your specialty?"

"I am an OB/GYN."

"Now, did you ever have an occasion to examine a child by the name of Susan Marie Kelly?"

"Yes I did."

"Will you tell the court in your own words, what the examination was, and what you found?"

"I examined the vaginal area both outside and inside, and I found no abnormalities. I saw that her vaginal canal was genetically normal, and then I ordered a sonogram to be done immediately."

"And what if anything, did the sonogram show?"

"It showed that Susan Marie Kelly is genetically female, and that all of her internal organs are intact."

"Doctor, while you are under oath, do you to a certain degree of medical certainty, certify that the minor, Susan Marie Kelly is in fact a genetic female?"

"Yes, ma'am, I do."

"Your honor, I submit into evidence, plaintiff's exhibit six." Mr. Connors got up and looked at the sonogram pictures. After stating no objection, the sonogram pictures were admitted in to evidence.

"Mr. Connors?"

"I have just talked to my client your honor, and she wishes to change her plea."

"Miss Sullivan, any objections?"

"No, your honor."

"Ladies and gentlemen, please retire to the jury room, so we may hear this motion." The jury got up and left the courtroom.

"All right Mr. Connors, you may proceed."

"Thank you, your honor. The defendant wishes to change her plea to guilty by reason of mental disease and defect."

"Miss Kelly, is this your wish to change your plea to guilty by reason of mental disease and defect?"

"Yes."

"And do you make this change of plea freely and without threats of any kind?"

"Yes."

"Then it is the judgment of this court, that you be sent to the state hospital for thirty days observation. It is so ordered, and this court stands in recess for two hours. John bring back the jury, please."

"Ladies and gentlemen of the jury, your services are no longer required in this trial. You are hereby dismissed." The jury got up, and as they left the courtroom, they smiled at me, and nodded.

What just happened? Mother said she was guilty but didn't know what she was doing? I don't buy that. Miss Sullivan came over and talked to us.

"Well, we got her to a hospital. Don't worry Sue, she will be well looked after. When she comes back for regular sentencing, I will call you and let you know when. You have stood up to this very well, Sue, and I am very proud of you."

"Thank you, ma'am."

"Oh, just call me Kathy," she said with a smile, and gave me a hug.

We left the courthouse, and I was hungry, so I asked if we could go to the Copper Kettle for lunch. Everybody agreed, and we all got in the car, and headed for the south side of town. The Copper Kettle has nice food, and they don't charge much. Besides, I wanted to see our friend Vickie. Vickie's mom owns the restaurant, and she just hangs around there during the summer months, or after school, until her mom takes her home.

When we got to the restaurant, Daddy had to park in the back kinda, and we walked almost the whole parking lot until we got to the front door. Daddy. I like the sound of that. Bobbie, and Cindy rode with us, and the Marks drove in their car. We went in, and Vickie saw us before the hostess did. She asked the hostess to bring seven menus, and she would get the water. Vickie took us to a booth that was away from all of the chattering eavesdroppers. We sat down, and the hostess gave us our menus, and Vickie brought the water over. She went over by the waitress station and said something to a waitress who looked like she was still in school.

When she came over she introduced herself as Jen, and that she would be our waitress. "Would you like to order now, or do need a few more minutes?"

"I will have the grilled chicken dinner, with salad, French dressing, and a large Milk." Bobbie, Cindy, Mom, and Mrs. Marks ordered the same. Both of the men ordered as much fat and calories as they could.

"I will have the King burger, with French fries, and coffee," Daddy said smiling. Mr. Marks ordered the same.

"Looks like I'll have to work this off on the tennis court." We all giggled, Daddy laughed, and Mr. Marks just smiled.

Jen brought our orders over after a bit, and set them in front of us. It didn't take a rocket scientist to know which order was whose, because we girls ordered the same thing, and the guys ordered the same burger meal for them. Vickie brought over our sodas, and coffee, because we wanted to wait until the food came before we got our drinks. After Jen and Vickie left, we talked while we ate.

"I think everything went well today, Sue. I was surprised at your mother changing her plea, but in light of the evidence, and the plea she made, I have no doubt she will be committed indefinitely to the department, and sent to the state hospital. I..."

"Excuse me, Mr. Marks. What department?"

"It is called the Department of Health and Social Services, and they run residential treatment centers, and the state hospitals. They also run the welfare programs, and employee social workers for the different counties in the state. Your mother will be committed to the state hospital for our county, and she will be well looked after."

"You know, I am sad for her. Why doesn't she listen to anybody?"

"Well, I think when Miss Sullivan, Kathy, submitted the sonogram as evidence, she didn't have a choice then. If she were found guilty by the jury she could have gone to prison. But your mother this way, will get the help she needs. She could be out in a short time, but I doubt that, because she needs extensive therapy and observation. Indefinitely, Susan, means she will be there until the doctors feel she is sane enough to go back out in society as a productive person."

"Can I go and see her, please?"

They all looked at each other, and then at me. Everybody was smiling, when Mr. Marks told me that he didn't see any reason why not. But he also said that the visits will have to be chaperoned, so that my mother didn't harm me. He said this way too, he can see if she is responding to treatment. But he also said that mother was like a fox, cunning and calculating. So when I did go and see her, he would take me.

"You know Sue, you must be one of the elite, because you have such a pure heart and you are so forgiving to everyone, even those that harm you. Like Kathy said, you are a sweet child." Bobbie and Cindy both went, "ehem", and then Mr. Marks corrected himself. "Present company included of course." Bobbie, Cindy and I just giggled. But I was still sad for mother though.