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whom Ms. Morrissey retained, and I met with Herbert Lambert, who'd been representing the department, for the mandatory pre-hearing conference. We reached stipulations, wich are agreements that certain facts are deemed true. There were 18 stipulations. One stipulation was that neither Mr. Gomez nor Ms. Morissey was directlyor indirectly responsible as supervisors for the Tyresha J. case once it went from Region III to RegionII. Other stipulations were that there were no drugs involved at the time of William J's birth and that there had been 15 visits to the home of the parents of Tyresha J. between Jan. and April 1997. We stipulated that the appellants had "examplary" work histories and no prior discipline except for the suspensions at issue. We stipulated that no one else in DCFS who had handled the Tyresha J. case had been disciplined.
   On Aug. 26, we received a letter from Charles Goldstein, an attorney with Goldstein, Petito & Kennedy, informing us he'd been retained to represent DCFS. He wanted a continuance because he was unprepared to try the case, not having reviewed the file.
   Apparently, though he wasn't prepared, Mr. Goldstein and his partners must have borrowed a line from the movie The Full Monty when they got the case and said, "The lunchbox has landed." Mr. Goldstein is a private attorney, billing on an hourly basis. He and his partner, Debbie Petito, appear at each hearing.
   On Aug. 28, despite our strenuous objections, the hearing officer granted DCFS a contnuance, but he also ordered the department to produce the documents requested in our June subpoena. The issues involving the continuance and the subpoena took up the entire day.
   In the late afternoon of Sept. 14 - less than a day and a half before the next hearing - Mr. Goldstein delivered, by messenger, a box of documents, which was missing the department's written investigation of the matter.

   During the hearing on Sept. 16, Mr. Goldstein said he would show that the minor was murdered by the parents whom he described as "animals." That was an odd statement. After all, DCFS spends a ton of the public's money on "family reunification" for parents who place their children at risk of harm and who have an array of parental rights under state law. Nowhere, the last time we checked, does the law describe parents as "animals."
   After 5 days of civil service commission hearings - and no end in sight - the department has put on 3 witnesses. Three more days are already set for Feb. 1999. The lunchbox has landed indeed.
   The first witness was Joyce Francisco of the Office of Human Righrs, who investigated the death of Tyresha J. She testified, on cross-examination that she is a "theoretical" manager - since she doesn't supervise anyone but earns a manager's salary and perks - who did not attach documentation about how Region II had handled the case because she was not instructed to include attachments "supporting the positives." According to Ms. Francisco, there were no lapses by anyone except the appellants. Although she compelled Mr. Gomez, Ms. Morrissey and Mr. Villalobos to provide her with declarations, she did not demand a declaration from Ms. Pedersen, the CSW who had made an unannounced visit to the minor's home about a day and a half before the minor's death.
   To explain what she would have done as a social worker or supervisor, the hearing officer allowed Ms. Francisco to restify as an expert. But later, under cross- examination by Mr. Lloyd, who would respectfully refer to her as " Madam Expert," she exploded and said, " I wish you'd stop saying that!" She added, "I personally have never considered myself a true expert in anything." Under Mr. Lloyd's cross-examination, she began to suffer from what we might call, "Battered Witness Syndrome."
    On Nov. 25, Charles Tadlock, a Regional Administrator in Region VII, testified for the department. He said he'd been the Skelly officer for Mr. Gomez. The Skelly officer, by the way, is supposed to be a neutral party who weighs the evidence presented. Logically, Mr. Tadlock testified, "The people responsible for the death of the child were the parents." Still, he recommended suspending Mr. Gomez and did not consider it appropriate to judge Ms. Pedersen's performance in Region II. Asked if he was aware that there'd been 15 visits to the minor's home before her death, he said no. He admitted, though, his analysis was Monday morning quarterbacking.
   Oddly, the department's next witness,Vivian Godina, testified that she had

Goldstein said he would show the minor was murdered by the parents, whom he described as "animals."


been the Skelly officer at Mr. Gomez's hearing.
    Significantly, they testified that they had not given Mr. Gomez the OHR investigation, upon which the discipline was based and which Mr. Goldstein himself described as a " link in the chain" leading to the discipline.
   As a matter of due process, an employee is entitled to all the documents upon which discipline is based. Although Mr. Goldstein also referred to the OHR investigation as a "key document." Mr. Tadlock testified he'd never seen it. Ms. Godina testified, by contrast, that when she wrote the suspension letters, she had used "parts" of it.
   Here's the kicker: Ms. Godina also testified that before the Skelly hearing in Feb. 1998, she had received instructions to suspend Mr. Gomez and Ms. Morrissey for 30 days.
   Ms. Godina's written instructions predate Mr. Gomez's Skelly by some seven months.

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