1 1 REPORTER'S RECORD VOLUME 2 OF 3 VOLUME(S) 2 3 TRIAL COURT CAUSE NO. 2018-04586J 4 5 IN THE INTEREST OF 6 7 8 CHARLOTTE BRIGHT MASON BRIGHT 9 CHILDREN 10 ) ) ) ) ) ) ) ) ) ) IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS 315TH JUDICIAL DISTRICT 11 12 13 ------------------------------------ 14 15 ADVERSARY HEARING 16 17 ------------------------------------ 18 19 20 On the 4th day of October, 2018, the following 21 proceedings came on to be heard in the above-entitled 22 and numbered cause before the Honorable Michael 23 Schneider, Judge presiding, held in Houston, Harris 24 County, Texas: 25 Proceedings reported by machine shorthand. Cara C. Massey, CSR 713-222-4956 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 A P P E A R A N C E S Mr. Dan-Phi Vu Nguyen HARRIS COUNTY ATTORNEY'S OFFICE SBOT NO. 24068268 1019 Congress Street, Floor 17 Houston, Texas 77002 Phone: 713-274-5229 ATTORNEY FOR THE PETITIONER Mr. Dennis Slate SLATE & ASSOCIATES SBOT NO. 24029836 112 East Forrest Lane Deer Park, Texas 77536 Phone: 281-476-9447 ATTORNEY FOR RESPONDENT MOTHER Ms. Stephanie Proffitt PROFFITT & ASSOCIATES SBOT NO. 24006775 917 Franklin Street, Suite 100 Houston, Texas 77002 Phone: 713-224-3400 ATTORNEY FOR RESPONDENT FATHER Mr. Daryl Longworth THE LONGWORTH LAW FIRM SBOT NO. 24072214 1385 FM 359 Road, Suite 308 Richmond, Texas 77406 Phone: 832-759-5100 ATTORNEY FOR THE CHILDREN 18 19 20 21 22 23 24 25 Cara C. Massey, CSR 713-222-4956 3 1 CHRONOLOGICAL INDEX 2 VOLUME 2 3 (REPORTER'S RECORD) Page Vol. 4 October 4, 2018 5 6 7 8 9 10 11 Appearances.....................................2 MELISSA BRIGHT (Continued) Cross-Examination by Ms. Proffitt..........4 Cross-Examination by Mr. Longworth........29 Redirect Examination by Mr. Nguyen........43 Recross-Examination by Ms. Proffitt.......64 LAVARVIA JONES Direct Examination by Mr. Nguyen..........66 Cross-Examination by Mr. Slate............83 Cross-Examination by Ms. Proffitt........191 Cross-Examination by Mr. Longworth.......221 Court's temporary ruling......................227 2 2 2 2 2 2 2 2 2 2 12 13 14 EXHIBIT INDEX 15 RESPONDENT'S 16 NO. 50 DESCRIPTION Photo OFFERED/ADMITTED/VOL. 22 22 2 17 18 19 20 21 22 23 24 25 Cara C. Massey, CSR 713-222-4956 4 1 MS. PROFFITT: 2 THE COURT: 3 4 7 8 You may. MELISSA BRIGHT, having been first duly sworn, testified as follows: 5 6 May I proceed, Your Honor? CROSS-EXAMINATION BY MS. PROFFITT: Q. Ma'am, I want to quickly kind of go through this time line with you, okay? 9 A. Okay. 10 Q. What day were you out in the front yard with 11 your children in the sprinklers? 12 A. That was July 18th. 13 Q. And approximately what time did your friend 14 come by on her way to Walmart -- HEB? 15 A. 16 bit before. 17 Q. HEB. She came by about 4:30, maybe a little And, in fact, there is some text messages 18 between the two of you that show that that was basically 19 the time frame she came by your home, correct? 20 A. Correct. 21 Q. She's also going to be here in court to testify 22 she was in your presence around 4:30? 23 A. This afternoon she will, yes. 24 Q. And then how long after she took off to HEB did 25 you begin to get the kids dried off? Cara C. Massey, CSR 713-222-4956 5 1 A. I turned around, immediately turned off the 2 water, then took Mason out of the jumper, so a minute, 3 two minutes. 4 5 Q. And just to be clear: Was Mason mobile at that time? 6 A. No. 7 Q. So when you placed him in the camp chair, did He didn't roll. He didn't crawl. 8 you have any idea that he had the ability to roll or 9 move himself out of that chair? 10 A. I did not. 11 Q. Was it an accident? 12 A. Yes, ma'am. 13 Q. And in retrospect, if you had known then what 14 you know now, would you have put him in that chair? 15 A. No. 16 Q. And you then began taking care of Charlotte, 17 and that's when you heard the thud or the screaming from 18 Mason; is that correct? 19 A. Correct. 20 Q. Did you pick him up and then drop him again? 21 A. No, ma'am. 22 Q. Did you take him and go immediately into the 23 house with both kids? 24 A. Yes. 25 Q. And I remember yesterday you said you tried to Cara C. Massey, CSR 713-222-4956 6 1 nurse him to see if you could soothe him, but he was 2 having nothing of that? 3 A. Correct. 4 Q. How long -- what time exactly did you call your 5 husband? 6 A. Our phone records indicate 4:43 p.m. 7 Q. So friend leaves around 4:30ish, and within 13 8 minutes, you have dried off the kids, Mason has fallen, 9 and you've gotten in touch with your husband? 10 A. Yes. 11 Q. And we've looked at the medical records and 12 everything. 13 they had to console you first? Isn't it true when the ambulance arrived, 14 A. Yes, ma'am. 15 Q. Because you were hysterical? 16 A. Yes. 17 Q. And your husband, when he arrived at the 18 hospital after all of this was going on, he was so 19 upset, he actually threw up? 20 A. He fainted. 21 Q. Oh, I'm sorry, he fainted. And did anybody in 22 any of the records note that you were behaving in a 23 manner that was inconsistent with a mom whose child has 24 been accidently hurt? 25 A. The special investigator that interviewed us Cara C. Massey, CSR 713-222-4956 7 1 the next evening, he told me that I guess a nurse 2 noticed that I was -- he had noticed that I was laughing 3 in the ER. 4 else, so. I don't know who. I heard it from somebody 5 Q. Were you laughing? 6 A. No, ma'am. 7 Q. Were you hysterical? 8 A. Yes, ma'am. 9 Q. And all the rest of the records support that, 10 correct? 11 A. Yes. 12 Q. Now, your son's in the hospital. The CAPs team 13 starts to get involved. 14 there is a concern because there is excessive bleeding, 15 two injuries, and the blood in his eyes, correct? Suddenly you're being told that 16 A. Correct. 17 Q. And in Mr. Lavar's affidavit, he states a 18 couple things, but, one, that there was no -- 19 MR. NGUYEN: 20 THE COURT: We haven't gotten to the MR. SLATE: I believe Mr. Nguyen called 21 22 Objection. question yet. 23 this witness and she's my client. 24 Mrs. Proffitt's client. 25 Leading, Judge. THE COURT: She's not That's true, but there is case Cara C. Massey, CSR 713-222-4956 8 1 law that says that the right to ask leading questions is 2 triggered not by your own client, but by alignment, and 3 I'm assuming Ms. Proffitt is aligned with -- 4 MR. SLATE: She is, Judge, but at the same 5 time, each of them have their own independent right 6 under 262.201 for the agency to prove against each of 7 them that they both want to be found that they didn't 8 abuse their child. 9 precludes her from being able to use leading questions. I don't necessarily know if that 10 MR. NGUYEN: 11 both defending against the department. 12 THE COURT: Right. By alignment, they are And I think they are both 13 asking for return to the same home. 14 pointing fingers at each other, so I'm going to sustain. 15 Q. (BY MS. PROFFITT) They are not Have you reviewed the 16 affidavit filed with this court to request the removal 17 of your children? 18 A. I have. 19 Q. And did you see in that, Mr. Lavar -- or Jones 20 is his last name -- Mr. Jones' explanation as to why the 21 children needed to be removed? 22 A. I did. 23 Q. First, did you see that he claimed that there 24 25 was bilateral hematomas in the eyes? A. He did. Cara C. Massey, CSR 713-222-4956 9 1 2 3 Q. Yesterday, we saw the actual medical records and the blood is in the left eye, correct? A. Correct. 4 MR. NGUYEN: 5 THE COURT: Objection. Leading, Judge. That's sustained. 6 Q. (BY MS. PROFFITT) 7 A. The eye of impact, which was his left eye. 8 Q. In fact, whereabouts on his heads was the major 9 Which eye had blood in it? impact? 10 A. 11 left side. 12 Q. Just above the eye, the parietal bone, on his And as far as the bleeding is concerned, did 13 you read in his affidavit that there was no explanation 14 for the excessive bleeding? 15 A. Correct. 16 Q. Have you reviewed the medical records? 17 A. I have. 18 Q. You've been sitting in this trial for the last 19 day and a half? 20 A. I have. 21 Q. Was there an explanation for the excessive 22 bleeding? 23 A. There was. 24 Q. Now, CPS wanted to do an investigation early on 25 around the 18th, 19th of July. Cara C. Massey, CSR They informed you they 713-222-4956 10 1 were going to investigate, correct? 2 A. They did. 3 Q. Did you immediately hire an attorney? 4 A. No. 5 Q. What did you do to comply with CPS's request? 6 A. I immediately signed a safety plan in which my 7 mother was going to stay at our home with us for 24/7 8 and be our monitor while the kids remained in the home. 9 10 Q. Now, your son was approximately 5 months old; is that correct? 11 A. Yes. 12 Q. And one of your exhibits that was introduced by 13 your attorney was the pediatrician's recommendation that 14 you breastfeed for at least a year, correct? 15 A. Correct. 16 Q. Were you breastfeeding him at this point? 17 A. Solely; exclusively. 18 Q. By having your mother in the home, were you 19 able to continue that routine? 20 A. Yes. 21 Q. When you were discharged from the hospital, 22 were there any instructions about how to take care of 23 Mason? 24 A. There were. 25 Q. What were the instructions? Cara C. Massey, CSR 713-222-4956 11 1 A. First, to keep him elevated while he's sleeping 2 or upright as much as possible, and to make sure if he 3 started to cry, especially cry heavily, to try to soothe 4 him as quickly as possible so that way he doesn't build 5 pressure. 6 7 Q. Were you aware of negative effects that could happen to your son if he wasn't kept calm? 8 A. Yes. 9 Q. What were those negative effects? 10 A. There were several symptoms to look for, but 11 all of them would lead to returning him to the hospital 12 and eventually having to have a shunt. 13 Q. During the time your mother was in your home, 14 were you able to keep Mason calm and soothed during that 15 time? 16 A. We were never in the home with my mother 17 because the safety plan went from a safety plan to a 18 PCSP while we were still admitted at Texas Children's. 19 Q. After the PCSP -- 20 A. Parent child -- 21 Q. -- PSCP, whatever -- was signed, were you able 22 to be in the home with your son to nurture him when he 23 woke up in the middle of the night? 24 A. Not in the night, no. 25 Q. What did you do when you learned that your son Cara C. Massey, CSR 713-222-4956 12 1 was upset and crying and inconsolable during the 2 evening? 3 A. My mother-in-law would wait up with him all 4 night until I could be allowed back into their home, per 5 the time constraints. 6 Q. What did you do to let CPS -- did you let -- 7 A. Oh, we did. 8 Q. And what would you tell the caseworker? 9 A. The only thing that we were truly asking for Several times. 10 was to reinstate my overnight privileges. 11 would work with them any way, surrender our licenses, 12 set an alarm, whatever they needed us to do so I could 13 be in the home to breastfeed at night. 14 15 16 Q. We said we Explain what you offered as far as the home alarm at your mother-in-law's? A. My mother-in-law and father-in-law would set 17 their alarm. 18 their major concern was that I could flee in the night 19 with him or her or both of them. 20 alarm so that way if I left, they would be alarmed. They would know the code. So that was They would set the 21 Q. And who did you discuss this with? 22 A. Niesha and Lavar at the family team meeting. 23 Q. So both the supervisor and the caseworker were 24 25 given an alternative for the care of your son? A. Yes. Cara C. Massey, CSR 713-222-4956 13 1 Q. And did they agree to those things? 2 A. No. 3 Q. As far as the crying and everything, were there 4 negative results after that -- after you were denied 5 being able to be in the home? 6 A. Yes. 7 Q. What negative effects occurred? 8 A. His incision began to weep, his subdural space 9 filled up with fluid, and we had to be readmitted into 10 the hospital. 11 admitted for the same thing, and they decided that he 12 was going to have to have a shunt. 13 Q. And it was actually our second time being Now, certainly after CPS realized the negative 14 effects had occurred, they let you be in the home with 15 your kid after that, right? 16 A. No. 17 MR. NGUYEN: 18 THE COURT: 19 Q. Objection. Leading, Judge. That's sustained. (BY MS. PROFFITT) Were you allowed to be back 20 in the home with Mason after these negative effects 21 occurred? 22 A. Not overnight, no. 23 Q. Even though CPS saw that the negative effects 24 25 had occurred to your son? MR. NGUYEN: Objection. Cara C. Massey, CSR Leading. 713-222-4956 14 1 THE COURT: 2 You can answer. That's overruled. 3 A. Correct. 4 Q. (BY MS. PROFFITT) Was Mr. Jones and 5 Ms. Edwards, were they looking out for your son's best 6 interest, in your opinion? 7 A. No. 8 Q. Your son then continued to stay in that 9 10 environment; is that correct? A. He did. 11 MR. NGUYEN: 12 THE COURT: 13 14 Q. Objection. Leading. That's sustained. (BY MS. PROFFITT) You ended up back in the hospital for the shunt; is that correct? 15 A. Yes. 16 Q. What date was that? 17 A. August 14th. 18 Q. And how long were you in the hospital? 19 A. Eight days. 20 Q. Just to be clear: 21 there? 22 A. I was. 23 Q. And any reports that you tried to steal your 24 25 Until the 22nd of August. Were you allowed to be children away from the hospital? MR. NGUYEN: Objection. Cara C. Massey, CSR Leading and 713-222-4956 15 1 hearsay. 2 3 MR. SLATE: the answer. 4 Response? She's not suggesting She could've said no. THE COURT: Yeah. I mean, if it points 5 them to a yes or no, that's not leading. 6 is leading to one answer only, so I'll allow it. 7 A. No. 8 Q. (BY MS. PROFFITT) 9 Leading to me Did you try to take your children? 10 A. Never. 11 Q. While you were in the hospital with him during 12 the shunt period, how often did Mr. Jones come visit? 13 A. Not once. 14 Q. How often did Ms. Edwards come visit? 15 A. Not once. 16 Q. You were there for eight days? 17 A. Eight days. 18 Q. After -- we heard testimony yesterday that you 19 were going to -- you wanted to go to the home closest to 20 your house, the family member closest to your house, 21 correct? 22 A. Correct. 23 Q. And that was -- can you tell me the name again? 24 A. Deloris and Bobby Jester. 25 Q. We saw the text message yesterday where he said Cara C. Massey, CSR 713-222-4956 16 1 2 that should be okay? A. Yes. 3 MR. NGUYEN: 4 THE COURT: 5 6 7 Objection. Leading. You know, leading can be used to clarify prior testimony, so that's overruled. Q. (BY MS. PROFFITT) When your children were ultimately removed, did you record that interaction? 8 A. Yes. 9 Q. What questions, if any, did you pose to Lavar 10 11 about that day when you were leaving the hospital? A. I asked him what he did say that day and why it 12 was that we were already headed to Deloris' house when 13 he told me that -- well, I showed him on my cell phone 14 where he said, "Okay, that should be fine," for us to 15 head to Deloris' house, and how he made us then go back 16 to Baytown because the PD did not sign off on it yet. 17 And I reiterated the strain that put on Mason's 18 well-being, as well as Charlotte's, but specifically 19 Mason after just being involved in a major surgery, and 20 how at that point we didn't think that they were putting 21 the best interest of our children first. 22 Q. How did Mr. -- well, did Mr. Jones respond? 23 A. Yes. 24 25 He argued the point of semantics; what "should" means. Q. Please explain what "should" means? Cara C. Massey, CSR 713-222-4956 17 1 A. He said, "I said, 'Okay, that should be fine,'" 2 and he said, "I said 'should' have." 3 well, you didn't indicate yes or no; you said, "That 4 should be fine." 5 should be fine. 6 Q. And I was like, So in context, I took that as that In fact, you recorded him explaining "should" 7 and how "should" doesn't mean "yes" and all of that, 8 correct? 9 A. Yes. 10 Q. But other than the "that should be fine," did 11 he ever respond back "yes," "no," anything definitive 12 other than "that should be fine"? 13 14 A. Much later in the afternoon after we were already being discharged and headed towards Deloris'. 15 Q. What were you asking of CPS at that time? 16 A. Just to move closer to home, have Mason settled 17 in one home rather than moving back to the previous home 18 and having to move a second time, to just go ahead and 19 move in the home so that I could be closer to home, 20 sleep in my own bed and work on my milk supply. 21 Q. Let's talk about that for a little bit. How 22 important to you was it for both of your children to be 23 breastfed? 24 A. Incredibly important. 25 Q. And as a breastfeeding mother, is that a Cara C. Massey, CSR 713-222-4956 18 1 convenient thing to do? 2 A. It's the most sacrificial thing I've ever done. 3 Q. Sometimes it's painful, correct? 4 A. Very. 5 Q. And being -- how important is it for you to be 6 7 8 9 10 around this baby in order to keep your milk supply up? A. Incredibly important. He is the best source at getting at the milk from my breast. Q. And you testified that in the beginning, you had about 60 ounces of milk stored up; is that correct? 11 A. Yeah. 12 Q. What was your daily production? 13 A. I produced enough to feed Mason all day. Thereabouts, yeah. He 14 was eating about 30 ounces a day, plus I had an 15 additional -- I don't know -- four or five or six ounces 16 that I pumped, and that's when I started slowly saving 17 everything. 18 Q. As we sit here today, what is your production? 19 A. Well, yesterday, I got 13 ounces. 20 Q. How painful is this for you? And I'm not 21 talking about the physical pain; I'm talking about 22 inside your soul? 23 A. It's disheartening. Something I'm trying to do 24 for him, but I'm also under a lot of stress and it 25 impedes with how much I can produce. Cara C. Massey, CSR And I haven't seen 713-222-4956 19 1 Mason often enough to keep my supply up, so it makes me 2 a little bit let down, like I'm letting him down a 3 little bit. 4 Q. 5 child? 6 A. Mason's pediatrician. 7 Q. How many times did you tell these folks back Who recommended that your breastfeed your 8 here that it was important for you to be able to 9 breastfeed your child? 10 A. Every single time I saw them. 11 Q. What was their response? 12 A. Guess it's not important. 13 14 15 16 They said it was an inconvenience. Q. And just to be clear: Who was it going to be inconvenient to? A. I don't know. Maybe me; maybe Mason. 17 know who they were referencing the inconvenience 18 towards. 19 Q. Was there any reason why you couldn't have 20 breastfed him all day long, as needed? 21 reason why you couldn't have done that? 22 23 24 25 A. I don't Was there any I breastfed for a full year with my daughter, so not that know of. Q. Was it going to be inconvenient for you to live in someone else's home and be able to breastfeed your Cara C. Massey, CSR 713-222-4956 20 1 child? 2 A. Yes. 3 Q. Were you willing to do that? 4 A. Yes. 5 Q. Did you tell them that? 6 A. Yes. 7 Q. Did they allow it? 8 A. No. 9 Q. When did you first let Mr. Jones know that you 10 were no longer going to comply with the parent safety 11 plan? 12 13 A. I never let him know. My husband let him know on August the 28th. 14 Q. 15 yesterday? 16 A. Yes. 17 Q. So August 28th, Lavar Jones is informed during 18 And is that the phone call you were discussing a telephone call that the kids are home? 19 A. Yes. 20 Q. When is the next time you see Mr. Jones? 21 A. September 19th. 22 Q. When was the next time you saw his supervisor? 23 A. Today -- yesterday. 24 Q. So from August 28th to September 19th, CPS 25 never made contact with you? Cara C. Massey, CSR 713-222-4956 21 1 A. No. 2 Q. When Mr. Jones reached out to you to see how 3 Mason was approximately three weeks after he was 4 discharged from the hospital, what did you do? 5 6 A. I immediately replied. I was in the parking lot of HEB, and I stopped so I could reply right away. 7 Q. Were you hiding from them? 8 A. No. 9 Q. Prior to your husband having the telephone 10 conversation with Mr. Jones, are you aware of any other 11 attempts that he made to communicate or that you made to 12 communicate with Mr. Jones that you had taken your 13 children home? 14 A. Yes. He -- we contacted him until he replied. 15 I don't know how many times -- maybe six, seven, 16 eight -- in various forms; phone call or text. 17 18 19 20 21 22 23 Q. Were you hiding the fact that you had taken your children home? A. No. We felt that it was our responsibility to ensure that he knew. Q. About two weeks prior to the removal, were the children enrolled in a program? A. Yeah, we call it "school." It's a preschool 24 that's technically a preschool, but it's called 25 "Mother's Day Out" at their age. Cara C. Massey, CSR 713-222-4956 22 1 MS. PROFFITT: 2 THE COURT: 3 4 Q. May I approach, Your Honor? You may. (BY MS. PROFFITT) Ma'am, I'm going to ask you if you recognize these two photos? 5 A. I do. 6 Q. Who took those? 7 A. I did. 8 Q. And do those pictures accurately reflect your 9 10 children on that day, September 5th? A. They do. 11 12 13 14 MS. PROFFITT: Q. A. No. MS. PROFFITT: Your Honor, at this time I move to admit R-50. 17 18 Have they been altered in any way? 15 16 (BY MS. PROFFITT) Your Honor, at this time -- (Respondent Father's Exhibit No. 50 offered) 19 MR. SLATE: 20 MR. NGUYEN: 21 THE COURT: 22 (Respondent Father's Exhibit No. 50 23 24 25 No objection. No objection. So admitted. admitted) Q. (BY MS. PROFFITT) And these are the kiddos after they've been in your care for about 15 -- 10 days? Cara C. Massey, CSR 713-222-4956 23 1 A. Ten days. 2 Q. And how were they doing at that point? 3 A. Great. 4 Q. Now, yesterday, we learned that you were Eight days exactly. 5 texting Mr. Jones on approximately the 18th about him 6 coming to visit the kids; is that correct? 7 A. Correct. 8 Q. Did you ever tell him he couldn't come? 9 A. No. 10 Q. In fact, did you provide an address for him and 11 12 all of that information that he requested? A. I wanted to make sure he knew where we lived. 13 He hasn't been to our home since July 19th. 14 wanted to make sure. I just 15 Q. And when he arrived, did you fight with him? 16 A. No. 17 Q. Did you argue with him? 18 A. No. 19 Q. And we learned yesterday it was after the 20 children's bedtime that he showed up? 21 A. Yes. 22 Q. And that he came for almost 30 minutes before 23 the police arrived? 24 A. Yes. 25 Q. Can you think of any instance of your actions Cara C. Massey, CSR 713-222-4956 24 1 or your husband's actions that would support Mr. Jones' 2 statement on that audio that you-all were combative with 3 him? 4 A. No. We didn't say a single cuss word toward 5 him. 6 our words or otherwise. 7 We didn't attack him in any way personally with Q. Well, I want to be very clear: You had this 8 man in your life for about two months, between July 18th 9 and September 19th, had you ever raised your voice at 10 him, cussed at him or threatened him? 11 A. Raised my voice to show my frustration? Yes. 12 But never in an assertive or aggressive manner toward 13 him. Never cussed at him, nothing. 14 Q. 15 Mr. Jones? 16 A. 17 18 19 Even as we sit here today, are you mad at I'm trying to practice forgiveness, but, yes, I'm mad. Q. And when he said he was fearful of you and your husband, do you know of any basis for that fear? 20 A. No. 21 Q. Did he seem fearful when he knocked on your 22 door at 7:30 at night without police accompaniment? 23 A. No. 24 Q. When y'all had learned that he had gone to 25 court without notifying you, did you-all get aggressive Cara C. Massey, CSR 713-222-4956 25 1 with him then? 2 A. No. 3 Q. Did you throw him out of your house? 4 A. No. 5 Q. Did you help get the kids ready? 6 A. Yes. 7 Q. Now, yesterday we saw pictures with your 8 daughter's eye? 9 A. Yes. 10 Q. When the children left, were any instructions 11 given to Mr. Jones about your children? 12 A. Yes, for both of them. 13 Q. And what did you tell him specifically about 14 Charlotte? 15 A. Charlotte has a dairy intolerance and she can't 16 have dairy or cow's milk, so it was important that she 17 didn't have it because she would break out in a really 18 bad diaper rash. 19 Q. Are you certain you told Mr. Jones that? 20 A. My husband wrote it on a piece of paper and we 21 explained the piece of paper to him as we handed it to 22 him. 23 24 25 Q. Y'all provided written instructions to this A. So he could give it to the foster home. man? Cara C. Massey, CSR 713-222-4956 26 1 Q. Why were you doing that? 2 A. To protect our daughter. 3 Q. Now, yesterday we saw the photograph with the 4 5 black eye and the gash on the face, correct? A. Yes. 6 7 MS. PROFFITT: Honor? 8 9 10 May I approach again, Your THE COURT: Q. You may. (BY MS. PROFFITT) marked as R-49. I'm going to show you what's Do you recognize that? 11 A. I do. 12 Q. And who is that in that photograph? 13 A. That's Charlotte. 14 Q. And who took that photograph? 15 A. Deloris Jester. 16 Q. Did you see your daughter in this condition? 17 A. I wasn't allowed to. 18 Q. You weren't allowed to see your daughter? 19 A. At a supervised CPS visit, yes, I was. 20 Q. And did Deloris provide this photograph to you? 21 A. She did. 22 Q. And does it -- you never saw this, though, 23 personally? 24 A. No. 25 Q. Okay. As far as Charlotte is concerned, had Cara C. Massey, CSR 713-222-4956 27 1 she ever suffered any injuries prior to CPS taking over? 2 A. No. 3 Q. Was that the same when she was in CPS custody? 4 A. No. 5 Q. You testified yesterday that there is about 80 6 or so family members, something like that. 7 number? 8 9 10 A. What was the I think in the greater Houston area, like 50 -- around 50, 55. Q. When Mr. Jones testified in his affidavit that 11 he had made all efforts to avoid removal of the 12 children, is that a true statement? 13 A. No. 14 Q. In fact, what did you do the night of removal 15 16 regarding placement of your children? A. When they told us that Deloris, who was at our 17 home, could not take them, they had to go to a foster 18 parent, we contacted a family friend, a friend of 19 Deloris', Allie Mitchell. We contacted her. 20 Q. Why did you contact Allie Mitchell? 21 A. She works for a program called Loving Houston 22 Fostering and Adopting. 23 Q. Did you give that option to Mr. Jones? 24 A. Yes. 25 She had a foster home available to take both kids that night. Cara C. Massey, CSR 713-222-4956 28 1 Q. Did he take that option? 2 A. No. 3 Q. Instead, he put them somewhere where they got 4 hurt? 5 A. He separated them first. 6 Q. Now, as we sit here today, are you asking that 7 the children be returned to you and your husband? 8 A. Yes. 9 Q. Have you done anything to hurt your child? 10 A. Never. 11 Q. The day of the incident, your son had swelling 12 on both sides of his head, correct -- or the same side, 13 but the front and back of his head, correct? 14 A. Yes. 15 Q. And fractures at both of those spots? 16 A. Yes. 17 Q. And based on -- have you reviewed Dr. Mack's 18 report? 19 A. Yes, I've got it. 20 Q. Do you believe that those injuries occurred at 21 the same time? 22 A. I do. 23 Q. And if you were to tell a story that, "Oh, 24 yeah, I forgot. 25 wouldn't be the truth, correct? He got hit a few weeks earlier," that Cara C. Massey, CSR 713-222-4956 29 1 A. No, it would not be the truth. 2 Q. Have you been completely honest with CPS? 3 A. I have been. 4 Q. Have you been completely honest with the 5 doctors? 6 A. I have been. 7 Q. Have you been completely honest with this judge 8 9 as you testified that you did not harm your child? A. I have been. 10 11 MS. PROFFITT: Honor. 12 THE COURT: 13 14 15 Pass the witness, Your All right. Mr. Longworth? CROSS-EXAMINATION BY MR. LONGWORTH: Q. I want to talk to you about this camping chair. 16 Can you show me with your hands how that chair would 17 fold? 18 19 A. It's got four posts, and all four posts come together to make a -- 20 Q. Squeezes in instead of fold up? 21 A. It -- I guess it squeezes in, but it squeezes 22 23 24 25 in from all four corners, not just in half. Q. So if you put weight in the middle, it wouldn't then fold up, would it? A. No. Cara C. Massey, CSR 713-222-4956 30 1 2 Q. And you have to push it from the sides to make it go in? 3 A. Yeah, all four sides. 4 Q. And then after the fall, what position was the 5 chair in? 6 7 A. I was asked that that night, but I didn't take time to look at the chair. 8 9 I actually don't recall. Q. And do you make it a habit of putting a 5-month-old on a chair on the concrete? 10 A. I don't make that a habit, no, sir. 11 Q. About how many times do you think you've done A. A camping chair in the driveway? 12 13 14 15 16 17 18 19 20 it? Exactly one time. Q. Have you put the kid on any other kind of chair with a hard surface underneath? A. He would be, like, in, like, a newborn lounger on the couch when he was a little smaller. Q. Have you been out in the driveway with him before with your daughter? 21 A. Yes. 22 Q. And what was he in the whole time that he 23 24 25 was -- you were out there? A. I guess various things. was in the jumper. That specific day, he He's been in a stroller. Cara C. Massey, CSR 713-222-4956 That's all 31 1 that I can recall. 2 3 Q. When you're outside with your son, how often do you walk away from your son? 4 A. I never walk away from him. 5 Q. How many times do you turn your back and not 6 pay attention to him? 7 A. Not pay attention to him? 8 Q. For instance, you said that you -- in this case 9 10 that you turned away from him to change Charlotte, so you weren't looking at him at that point, correct? 11 A. But if I was looking toward him and had my back 12 toward Charlotte, I would not be paying attention to 13 her. 14 15 16 17 18 19 Q. Were you paying attention to him when you had your back turned to him? A. I was multitasking as a mother of two under 2 as efficiently as I know how. Q. The answer is yes or no. Were you paying attention to Mason when you had your back turned to him? 20 A. Yes. 21 Q. You were paying attention to him? 22 MR. SLATE: Objection, Your Honor. 24 THE COURT: That's overruled. 25 You were paying attention to him? 23 and answered. Cara C. Massey, CSR 713-222-4956 Asked 32 1 2 3 4 THE WITNESS: Q. Yes. (BY MR. LONGWORTH) How were you paying attention to him with your back turned? A. He was, like, within arm's reach. It was, 5 like, two steps and I was as close to him as possible 6 that if he would cry out, I could attend to him. 7 Q. Did you see him with your eyes? 8 A. I did not. 9 Q. When you were talking to the neighbor, was he 10 in the jumper whole time? 11 A. He was. 12 Q. Were your eyes on him when you were talking to 13 14 the neighbor? A. 15 16 MR. LONGWORTH: 19 Objection. Nonresponsive after "no," Your Honor. 17 18 No, but hers were. THE COURT: Q. That's sustained after "no." (BY MR. LONGWORTH) So she left about 4:30, correct? 20 A. Thereabouts, yes. 21 Q. And about what time -- about how many minutes 22 do you say she was there? 23 A. Oh, five, six, seven. 24 Q. So seven at the most, so 4:37. 25 And then after she left, how long was it until you changed Charlotte's Cara C. Massey, CSR 713-222-4956 33 1 2 diaper and took your eyes off of Mason? A. I didn't change her -- 3 4 MR. SLATE: Compound question. 5 6 7 Objection, Your Honor. THE COURT: A. Overruled. I didn't change her diaper. I just took her wet bathing suit off. 8 Q. (BY MR. LONGWORTH) 9 A. I didn't have a clock. 10 Q. Well, you estimated your neighbor's visit was 11 What time was that? I don't know. five, six or seven minutes, so. 12 A. Two minutes, three. 13 Q. And then when Mason fell, did you hear -- what 14 15 did you hear? A. Well, I actually heard the impact. But before 16 I could register that it was -- that's actually what had 17 occurred, I heard him crying and that's what I turned 18 around to. 19 Q. So did you hear two impacts or one? 20 A. One impact. 21 Q. And then how long was it from the time he fell 22 until you called your husband? 23 looking at? 24 A. 25 What kind of gap are you Well, I immediately scooped him up and ran inside and -- I don't know -- another minute, two Cara C. Massey, CSR 713-222-4956 34 1 minutes. 2 3 Q. And then you said that you noticed there was a bump on his head? 4 A. Incredibly swollen out, yes. 5 Q. What actions did you take to address the bump 6 on the head other than breastfeed? 7 A. Call 911. 8 Q. Before you called 911 and you were trying to 9 10 breastfeed him, did you take any actions for the bump on the head? 11 A. No. 12 Q. Just the bump. 13 16 17 So you left the bump alone until you called 911 and got instructions? 14 15 There was no open wound. A. I didn't want to do anything to further harm Q. And then after you spoke to your husband, you him. called 911, correct? 18 A. Yes. 19 Q. And then you said that they were giving you 20 21 22 23 24 25 instructions on the phone; is that correct? A. Most of my instruction was to remain calm, remain calm, breathe. Q. Did they give you any instructions on what to do with Mason? A. She told me that the crying was a good thing. Cara C. Massey, CSR 713-222-4956 35 1 She didn't really ask too many questions about him at 2 that time, and so I was mostly frantically yelling at 3 her as opposed to her advising me of anything to do. 4 Q. But at this time Mason was lying on the floor? 5 A. I had laid him down on the floor. 6 sitting right next to him. 7 8 9 10 I was just Q. Did they give you any instructions about moving A. They didn't tell me to move him, not move him him? or otherwise. 11 Q. Did you tell them that he was on the floor? 12 A. No. 13 Q. And then when your husband got home, you 14 They never asked. testified that he ran and scooped the child up? 15 A. He did. 16 Q. And did that concern you that he scooped the 17 18 19 20 child up and the child had a head injury? A. I was already maxed out at my concern level. There was no more or less concern. Q. So are you telling me you weren't concerned 21 that he scooped up your child from a head injury and 22 picked him up from the floor? 23 24 25 A. I was mostly concerned with getting the ambulance to our home, yes. Q. So just answer my question. Cara C. Massey, CSR Were you concerned 713-222-4956 36 1 about your husband's scooping him up with the head 2 injury? 3 A. 4 no. 5 sorry. 6 Q. 7 It did not occur to me. It is -- I don't know how to answer that, I'm Well, if you didn't think about it, then it would be no, wouldn't it? 8 9 I cannot answer yes or MR. SLATE: Objection, Your Honor. THE COURT: That's overruled. Sidebar. 10 11 A. I guess, no. 12 Q. (BY MR. LONGWORTH) I want to talk to you 13 about -- when -- the times that Mason was in the 14 hospital. 15 16 A. Every single moment he was in the hospital, I was in the hospital. 17 18 Did you stay overnight with him? Q. And you never left the hospital until he checked out? 19 A. I left one time to go to a doctor's appointment 20 his first day after his surgery; and his last day, I 21 left one time to get supplies together for Missy to pick 22 up. 23 24 25 Q. And did CPS or the social worker at the hospital clear you to be there overnight? A. Yes. The hospital was my approved safety Cara C. Massey, CSR 713-222-4956 37 1 monitor. 2 3 Q. I want to talk to you about -- the original safety plan was with your mother? 4 A. Yes. 5 Q. And in the affidavit, there is some language in 6 there that she was disapproved for some kind of 7 investigation regarding an aunt. Are you aware of that? 8 A. Mine? 9 Q. So do you know anything about that situation? 10 A. I -- 11 12 MR. SLATE: Objection, Your Honor. THE COURT: Do you know anything about Relevance. 13 14 As in Charlotte's aunt; my sister? which situation? 15 MR. LONGWORTH: We're talking about the 16 original placement with the monitor being the maternal 17 grandmother, and I'm asking her if she's aware why that 18 person was disqualified. 19 person having to leave, so I'm just trying to clear that 20 up. 21 22 23 24 25 MR. SLATE: They made an issue of that That's not what the original question was. MS. PROFFITT: It is that person, but it never occurred. THE COURT: You mean the placement didn't Cara C. Massey, CSR 713-222-4956 38 1 happen? 2 MS. PROFFITT: 3 THE COURT: Okay. 4 MR. SLATE: Nor was it the reason CPS gave 5 her for not doing the safety plan. 6 7 THE COURT: So what is the relevance of that situation if it wasn't actually a placement? 8 9 Right. MR. LONGWORTH: It was my understanding that she was going to be a monitor in the house; and 10 from what I heard, I thought that it had occurred and 11 then they had to get away from somebody being in the 12 home with her. 13 person couldn't be there. 14 15 16 So that was the relevance as why that MR. SLATE: No, they changed it. That's not -MS. PROFFITT: That was the initial plan. 17 The initial plan was maternal grandmother was going to 18 be the supervisor in the home; but before they could 19 even get released from the hospital from the original, 20 they disapproved grandma -- they completely stopped the 21 safety plan and went to the PSCP -- PCSP. 22 MR. LONGWORTH: Then it would be relevant 23 if she knew why that person was disqualified because the 24 safety plan may have stayed the same. 25 later through testimony from the caseworker. Cara C. Massey, CSR We'll find out 713-222-4956 39 1 2 MR. SLATE: she's the one that disapproved the safety plan. 3 4 Edwards is on tape saying that MR. LONGWORTH: I would object to Counsel testifying. 5 THE COURT: 6 I'm going to allow you to answer, if you 7 know. 8 9 10 That's overruled. A. The safety plan was uprooted because they had received the preliminary report from the CAP team, and it was changed from a safety plan to a PCSP. 11 Q. 12 guess. 13 were talking about something to do with an aunt, and I 14 was asking you if you knew anything about that. My other question was regarding your mother, I Do you know why she was disqualified? 15 MR. SLATE: And we Objection, Your Honor. Calls 16 for speculation on the part of this witness as to why 17 CPS disapproved. 18 MR. LONGWORTH: 19 THE COURT: 20 If she knows, Your Honor. If you know from CPS telling you. 21 A. CPS ran an original background check with my 22 mom. 23 notified CPS of my involvement with CPS, and my only 24 involvement with CPS prior to this was taking in my 25 17-year-old sister. She was clear to stay with Charlotte. I have no knowledge of Cara C. Massey, CSR 713-222-4956 And then I 40 1 investigation, open, close, pending, otherwise regarding 2 her and my mom. 3 Q. (BY MR. LONGWORTH) Was the alleged perpetrator 4 when you took in the 17-year-old sister, was that your 5 mother? 6 7 MR. SLATE: for speculation. Objection, Your Honor. Calls She just said -- 8 MR. LONGWORTH: 9 MR. SLATE: She just said she has no other THE COURT: Is that true you have no 10 knowledge. 11 12 personal knowledge? 13 14 THE WITNESS: I don't know actually what happened. 15 16 If she knows. THE COURT: Q. Okay. (BY MR. LONGWORTH) Next question. I'm going to talk about the 17 safety plan when the children were with, I guess, your 18 husband's parents? 19 A. Yes. 20 Q. Okay. 21 And then you weren't supposed to stay there the night, correct? 22 A. Correct. 23 Q. And you testified that you were staying at a 24 25 friend's house? A. Yes. It was not my friend. Cara C. Massey, CSR It was friends of 713-222-4956 41 1 Stan and Melissa Frazier. 2 3 4 Q. Okay. And what was the address that you went A. It was a couple streets down. to? 5 stayed at two different addresses. 6 few streets down. I actually The first one was a 7 Q. What was the street name? 8 A. I don't know. 9 Q. What was the name of the people who owned that 10 house? 11 A. Oh, gosh. I just put it in my cell phone. I don't remember their names, but 12 they had four kids; two of which were adopted and two 13 which were they own. 14 15 16 17 Q. The street for the other home you stayed in, do you know that street name? A. Something that started with "Honey." Honey Road, Honey Lane. 18 Q. Do you know the street number? 19 A. No. 20 Q. Do you know the name of the people at that 21 house? 22 A. 23 24 25 Yes. I stayed with them much longer. That was Karen and Ronnie Webb. Q. And then later I think you testified that while the placement was with Deloris, that you stayed Cara C. Massey, CSR 713-222-4956 42 1 2 3 4 5 6 somewhere else in the evening, correct? A. They were never placed with Deloris. We never got to that point. Q. Okay. Your testimony, you talked about staying with a youth minister or some kind of minister? A. It was the associate pastor of the church, and 7 that was Mr. Ronnie Webb. 8 their church. He is the associate pastor of 9 Q. And that was the second one we talked about? 10 A. Yeah. 11 12 13 14 15 The other one I stayed at for two nights, and then I moved over to the Webbs. Q. And have you been contacted by law enforcement in this case? A. The only cop I talked to was the cop that showed up at the night of removal. 16 Q. What did they tell you? 17 A. He didn't tell me much. 18 19 He read the court order and said, yes, they have to go. Q. So you haven't been contacted by law 20 enforcement regarding a pending injury to a child case 21 or anything like that, have you? 22 A. No. 23 Q. And you're not aware of one pending right now, 24 25 are you? A. No. Cara C. Massey, CSR 713-222-4956 43 1 MR. LONGWORTH: 2 MR. NGUYEN: 3 THE COURT: 4 5 6 Pass the witness. Brief redirect? Yes. REDIRECT EXAMINATION BY MR. NGUYEN: Q. So I guess just for clarification: Under the 7 safety plan -- under the PCSP with your -- with maternal 8 grandparents, you weren't allowed to have overnights, 9 correct? 10 A. Correct. 11 Q. And the initial plan prior to that was that 12 she'd be staying in your house as a safety monitor? 13 A. No, that was never made. 14 Q. Was there ever a plan for someone to be a 15 safety monitor in your home? 16 A. Yes. 17 Q. Your mother. That would be my mother, not his mother. Okay, I apologize. And it wasn't 18 until after they got the report from the CAPs team and 19 explained the severity of the child's injuries that it 20 had to be a PCSP as opposed to a safety monitor in her 21 home, correct? 22 23 MR. SLATE: Calls for speculation. 24 25 Objection. MR. NGUYEN: If that's what she believes, Judge. Cara C. Massey, CSR 713-222-4956 44 1 2 MR. SLATE: He's asking her what the decision making for CPS was. 3 MR. NGUYEN: 4 THE COURT: 5 Q. (BY MR. NGUYEN) I'll rephrase. Okay. You received the report from 6 the CAP team explaining the severity of the child's 7 injuries, correct? 8 A. I never received it at this point. 9 Q. You were made aware of it? 10 A. I was made aware of it, yes. 11 Q. And you were aware that you -- in the PCSP with 12 the paternal grandparents, you could not stay overnight, 13 correct? 14 A. Correct. 15 Q. So it would be safe to assume that the child 16 could not be at any house -- whether it's yours or at 17 the paternal grandparents' house -- overnight, correct? 18 A. They could be overnight with them, but not with 20 Q. I meant with you and the child together? 21 A. Correct. 22 Q. Okay. 19 me. So I just wanted to clear that up. And 23 the homes that you were staying in over in Baytown, was 24 there -- did they give you a time limit as to how long 25 you could stay there or? Cara C. Massey, CSR 713-222-4956 45 1 A. It was never discussed. 2 Q. Okay. And what did CPS say to you as to why -- 3 at one point they did approve the Jesters; but then 4 subsequently after that, they recommended that the child 5 not be moved to the Jester's yet until -- but that the 6 child remains with paternal grandparents? 7 MR. SLATE: Objection, Your Honor. 8 assumes facts not in evidence. 9 that CPS ever did not approve the Jesters. 10 MR. NGUYEN: That There is no testimony I'm asking her what did the 11 department say to her as to why the child was not 12 initially placed with the Jesters when they had 13 approved -- initially not approved, but the supervisor 14 and the caseworker approved -- but pending the PD 15 approval, what did CPS say to her as to why they did not 16 place the child with the Jesters? 17 MR. SLATE: Assumes facts not in evidence. 18 Only thing that's ever been testified to is they just 19 kept saying "PD didn't approve," so assumes facts not in 20 evidence. 21 THE COURT: 22 Feel free to rephrase. 23 MR. NGUYEN: 24 25 Q. (BY MR. NGUYEN) As phrased, that's sustained. Yes, Your Honor. In your mind, you believe the caseworker and the supervisor approved the Jesters, Cara C. Massey, CSR 713-222-4956 46 1 2 3 4 5 correct? A. They were supposed to have approved them by the 19th, and we were never give a reason -Q. Right. They were waiting for a signature from the program director? 6 A. That's what was communicated to us. 7 Q. Okay. And while you were waiting for that 8 signature, was there any communication from Mr. Jones or 9 Ms. Edwards as to what the reasons were as to why the 10 11 child could not be placed with the Jesters? A. 12 13 They never said yes, and they never said -MR. SLATE: Nonresponsive. Objection, Your Honor. Yes or no question. 14 THE COURT: 15 It's a yes or no. 16 17 18 19 20 Q. (BY MR. NGUYEN) That's sustained. What was communicated to you? What did they say to you? A. It was continually pending. There was no confirmed yes or no from CPS about the Jesters. Q. So you understood -- were you instructed by 21 Mr. Jones or Ms. Edwards as to what could potentially 22 happen if the safety plan or the PCSP was violated? 23 A. I don't recall a time where I was told. 24 Q. Okay. 25 What, in your mind -- you were being as compliant as you could be for as long as you could be, Cara C. Massey, CSR 713-222-4956 47 1 correct? 2 A. Correct. 3 Q. Prior to that, what did you think the 4 consequence would be if you violated the parental child 5 safety placement? 6 A. First, I thought they were going to court order 7 the PCSP and no longer be voluntary at the Jesters, or 8 they would dismiss our case, or they would just go ahead 9 and bring us to a show cause. 10 11 Q. Okay. So you were aware some legal court action could occur? 12 A. We were hoping for it. 13 Q. Okay. 14 Now, your child, Mason, had just been released from the hospital, correct? 15 A. Yes. 16 Q. And that was around August 22nd? 17 A. Yes. 18 Q. And Mason was still in a medically fragile 19 state, correct? 20 A. Can you explain? 21 Q. Well, don't you think it would be in the 22 child's best interest to remain with the placement, 23 specifically with the paternal grandparents, who have 24 been there from the very beginning since the fall and 25 understand the medical ramifications of not keeping him Cara C. Massey, CSR 713-222-4956 48 1 calm, preventing him from crying or making sure that 2 Charlotte doesn't eat dairy, that sort of thing, who's 3 more familiar with the children's medical needs as 4 opposed to the Jesters who have not been familiar with 5 that as of yet? 6 A. No. 7 Q. You don't? Okay. So you think -- convenience 8 aside, did the Fraziers do a good job of caring for the 9 children during this short time that they were there? 10 A. Yes. 11 Q. Did the Fraziers know what needed to be done 12 and how to care for them if an emergency arose? 13 A. Yes. 14 Q. Okay. 15 And they were familiar with the injuries that Mason sustained, correct? 16 A. Yes. 17 Q. They were familiar with what Charlotte could 18 eat or cannot eat, correct? 19 A. Yes. 20 Q. Okay. 21 The Fraziers -- I mean the Jesters -- have not yet cared for those kids yet, have they? 22 A. That's not true. 23 Q. So they've stayed overnight? 24 A. Yes. 25 Q. Is that with you there? Cara C. Massey, CSR 713-222-4956 49 1 A. No. 2 Q. Okay. 3 A. No. 4 Q. So yesterday, you mentioned Ms. -- there were So they babysat the kids before? Would you like me to explain? 5 two people that you mentioned; one 18-year-old that went 6 to college that used to babysit for you, and I believe 7 it was your mother; isn't that correct? 8 A. Yes. 9 Q. Okay. 10 But you didn't mention the Jesters ever watching your kids? 11 A. 12 July 18th. 13 Q. Because they did not prior to the injury of So how would they know what to do and how to do 14 it -- how to care for the children if they've never done 15 it before, the specific instructions or the specifics on 16 how to care for these -- the medically fragile child? 17 A. 18 Charlotte? 19 Q. Both of them. 20 A. Well, Charlotte -- just Charlotte stayed at Are you referring to just Mason or just 21 their home for three or four nights while we were in the 22 hospital because she was comfortable with Cierra prior 23 to moving out and going to the PCSP. 24 Q. Who's Cierra? 25 A. The 18-year-old that went to college that Cara C. Massey, CSR 713-222-4956 50 1 babysat them. 2 Q. And she's the daughter of the Jesters? 3 A. Yes. 4 Q. Okay. Was Cierra there when she was -- Cierra 5 was watching Charlotte while y'all were out at the 6 hospital? 7 A. Both Cierra and Deloris, yes. 8 Q. Okay. 9 10 And so would you say, as a mother, you would make any sacrifices necessary to protect your children? 11 A. Yes. 12 Q. And would you say that -- with the safety plan 13 in place -- I mean, with the PCSP with the Fraziers and 14 you having the ability to stay at someone else's home to 15 be able to be close to Mason's breastfeeding, why didn't 16 you just continue doing that as opposed to removing the 17 child from the Fraziers? 18 A. Breast milk is directly affected by stress. 19 And I don't know if you've lived in and out of a 20 hospital and somebody else's home for 40 days in a 21 suitcase, but that's very stressful; physically, 22 emotionally and otherwise, and it was not the best 23 situation for me to create the breast milk that Mason 24 needed. 25 Q. Okay. So you're normally a stay-at-home mom? Cara C. Massey, CSR 713-222-4956 51 1 A. Yes. 2 Q. And you had unfettered access to both the 3 paternal grandparents' home, in and out whenever you 4 wanted, just as long as it's not overnight, right? 5 A. Yes. 6 Q. Now, during the daytime, you could just stay at 7 the paternal grandparents' house all day long and then 8 just go back to the other house and go to sleep, 9 correct? 10 A. Yes. 11 Q. Okay. And you could've continued to do that. 12 And you don't think that that would be a very 13 stress-free arrangement, don't you think? 14 15 16 A. I hadn't slept in my bed in 40 days. It's not stress free. Q. 17 Okay. THE COURT: Tell you what. We need to take 18 a little break. 19 need to do that I understand is less than ten minutes, 20 so this might work out as a break for everyone and then 21 we'll get back as soon as possible. 22 23 There is a juvenile disposition that I Thank you. (Brief recess) Q. (BY MR. NGUYEN) Ma'am, you stated that -- you 24 stated that your production of breast milk can be 25 reduced based on stress; is that what your testimony Cara C. Massey, CSR 713-222-4956 52 1 was? 2 A. Yes. 3 Q. Okay. And -- but you wanted Mason to be 4 brought home with the Jesters because it is more 5 convenient for you, correct? 6 A. Yes. 7 Q. Okay. But there was no restrictions during the 8 daytime other than the fact you had to be supervised 9 around Mason. 10 You could be around Mason at any time in the home of the Fraziers, correct? 11 A. That is correct. 12 Q. And you understood the medical fragile state 13 that Mason was in shortly after he was released from the 14 hospital, correct? 15 A. Correct. 16 Q. And the Fraziers were, would you agree, at that 17 point in time after discharge, were better equipped and 18 more knowledgeable about his medical needs than the 19 Jesters at that point in time? 20 A. No. 21 Q. But you can understand why CPS would think 22 that, correct? 23 A. No. 24 Q. Don't you think it would have been in Mason's 25 best interest to have that consistency of caregivers as Cara C. Massey, CSR 713-222-4956 53 1 opposed to multiple movements? 2 A. No. 3 Q. Now, are you saying that because it would be 4 inconvenient with you if the child was with the Fraziers 5 as opposed to the Jesters? 6 A. It is not an inconvenience. 7 Q. Okay. 8 about stress is coming from. 9 10 MR. SLATE: Objection, Your Honor. THE COURT: That's not a question. Sidebar. 11 12 So I'm not understanding where this talk Q. (BY MR. NGUYEN) Okay. Where is this stress 13 coming from other than the fact that you are concerned 14 about Mason's well-being? 15 A. The physical stress on my body from not living 16 in my own home, sleeping in my own bed, living in and 17 out of a suitcase, spending the night at somebody else's 18 house that I don't know very well. 19 has a very physical effect on me, physical effect on my 20 milk supply. 21 Q. 22 hotel? Do you ever feel stressed when you stay at a 23 24 25 Every single day it MS. PROFFITT: Objection, Your Honor. Relevance. THE COURT: Relevance? Cara C. Massey, CSR "Stay in a hotel," 713-222-4956 54 1 meaning? 2 MR. NGUYEN: I'm trying to compare the two. 3 She says she's stressed because she sleeps at another 4 place and I'm trying to figure out how is that 5 stressful, physically stressful on your body? 6 lifting anything? 7 when you're in someone else's home? 8 9 10 of thing? MR. NGUYEN: trying to say. 13 her perspective? 14 17 You have the State invading your privacy and the lives of your children, that kind 12 16 Are you exerting yourself physically THE COURT: 11 15 Are you That's what I'm Where is the stress coming from, from THE COURT: Q. I understand. (BY MR. NGUYEN) Okay. Ask away. I mean, where is this coming from? A. There is somebody in every single intimate part 18 of my life dictating where I can and cannot live, how I 19 can and cannot raise my children. 20 single moment of the fact of what if I do something that 21 isn't in accordance of CPS, second guessing every single 22 decision I make -- 23 24 25 THE REPORTER: And I'm in fear every Ma'am, if you could slow down, please. THE WITNESS: I'm sorry. Cara C. Massey, CSR 713-222-4956 55 1 A. -- about either child. It's very stressful 2 dealing with CPS, and I did not even have time to 3 process the actual trauma that occurred. 4 Q. (BY MR. NGUYEN) Okay. So you would still be 5 dealing with CPS even after the child moved to the 6 Jester's, correct? 7 MR. NGUYEN: Objection, Your Honor. Calls 8 for speculation as to what CPS was going to do with 9 their case. 10 11 12 THE COURT: Q. (BY MR. NGUYEN) That's sustained as phrased. The child was moved back to the Jesters subsequently, correct? 13 A. Never. 14 Q. Wait. 15 right now? 16 A. They are today. 17 Q. Okay. 18 A. Yes. 19 Q. Okay. 20 A. Yes. 21 Q. You're still dealing with that stress even with 22 The kinship placement as of -So the children are not with the Jesters And you're still dealing with CPS? So that hasn't changed, correct? the child with the Jesters, correct? 23 A. Yes. 24 Q. So you could've still dealt with CPS and not be 25 in violation of the safety plan and keep Mason in the Cara C. Massey, CSR 713-222-4956 56 1 home of the Fraziers temporarily until he was more 2 medically stable enough to be moved or have the Jesters 3 be approved as a PCSP, correct? You could've done that? 4 A. No. 5 Q. So were the Fraziers not doing a good job 6 watching your kids? 7 A. That's not what I said. 8 Q. Why wouldn't you want to wait until -- 9 understandably, there was a long passing of time that 10 occurred, but why did you wait to ensure that you get 11 the PD approval for the placements with the Jesters as 12 opposed to just outright removing them without getting 13 that approval first? 14 A. 15 state. 16 straight from the hospital to Deloris or Bobby's or 17 straight from the hospital to Missy and Stan's to Mason 18 in his medical fragile state. 19 was leaving the hospital, living half in and half out of 20 a truck just to move to Deloris' later? 21 his best interest. 22 Q. Their major concern is Mason's fragile medical Well, it made no difference to Mason if I went I understand. What made a difference That's not in But as a result, this could've 23 been avoided if that PCSP was not violated, wouldn't you 24 agree? 25 MR. SLATE: Objection, Your Honor. Cara C. Massey, CSR 713-222-4956 Vague 57 1 as to what could be avoided. 2 THE COURT: Vague. And if I'm 3 understanding you correctly, it calls for her to 4 speculate as to whether it could've been avoided. 5 6 MR. NGUYEN: Q. (BY MR. NGUYEN) Yes, sir. I'll move on. Now, back to the original 7 incident in which Mason got injured. 8 being born, you've raised Charlotte for two years? Prior to Mason 9 A. A little over a year. 10 Q. How far apart are they? 11 A. 19 months. 12 Q. And dealing with just one child is a pretty 13 daunting task; is that correct? 14 A. Yes. 15 Q. Okay. 16 And juggling two kids is entirely another, correct? 17 A. Yes. 18 Q. That's a different kind of hardship, correct? 19 A. I wouldn't use the term "hardship," but, yes. 20 Q. Okay. 21 It's a lot more exhausting, I guess for lack of a better word? 22 A. Yes. 23 Q. Okay. And you're not giving your undivided 24 attention to just one child. 25 attention to both kids, correct? You're dividing your Cara C. Massey, CSR 713-222-4956 58 1 A. Yes. 2 Q. Now, when you sat Mason on the chair on the 3 declining driveway, did you place Charlotte in a car to 4 change her clothes or dry her off? 5 A. Did I place her what? 6 Q. Did you place Charlotte in the backseat of a 7 car to dry her off? 8 A. No. 9 Q. There was no car in the driveway? 10 A. No. 11 Q. Car was in the garage. 12 The car was in the garage. So the driveway was clear except for the chair, correct? 13 A. And the bouncer and the sprinkler. 14 Q. Okay. 15 And so Charlotte was just standing, correct? 16 A. Yes. 17 Q. On the driveway. 18 A. I didn't dry her off. Q. Took her swimsuit off, sorry. 19 20 And you were drying her off? I just took her swimsuit off. Wouldn't you 21 agree, looking back, that the chair with the four posts 22 is not a very secure chair, correct? 23 A. I wouldn't say it's the chair's fault. 24 Q. I understand. 25 But it's not secure enough to place a baby or prevent the child from rolling off, Cara C. Massey, CSR 713-222-4956 59 1 correct? 2 3 MR. SLATE: THE COURT: I mean, the question is: 10 11 12 13 MR. NGUYEN: Yes. Her opinion as to how secure she felt the chair was. A. I wouldn't have sat him in the chair had I thought something like this was going to happen. Q. (BY MR. NGUYEN) I understand. And that was a mistake, correct? 14 A. An accident. 15 Q. An accident. 16 It's not secure enough? 8 9 You can answer if you feel like you know the answer. 6 7 Calls for speculation. 4 5 Objection, Your Honor. It was an accident, a minor lapse in judgment, wouldn't you agree? 17 A. I don't think I would clarify it as that. 18 Q. Well, you're certainly not going to do that 19 again? 20 A. Correct. 21 Q. And normally, you would have a child secured in 22 either a baby seat, in one of those chairs with the 23 little tables. 24 secured, correct? 25 A. At least they are strapped down and Correct. Cara C. Massey, CSR 713-222-4956 60 1 2 Q. And you're talking about a 5-month-old who's starting to discover his mobilities and stuff, correct? 3 A. Yes. 4 Q. Starting to learn how to crawl? 5 A. No. 6 Q. Okay. 8 A. He wasn't really good at the time, no. 9 Q. When he was on the chair, did he somehow kick 7 10 bit? off -- kick himself off to land backwards? 11 A. Yes. 12 Q. Okay. 13 So he's beginning to make use of his legs? 14 A. Yes. 15 Q. Okay. 16 Is he starting to roll over a little As any developmental child would do at this age, right? 17 A. Yes. 18 Q. So you would agree that had you not placed that 19 child on that chair, then he would not have been 20 injured, correct? 21 driveway, don't you think it would've prevented him from 22 getting -- falling maybe a feet or two off the ground on 23 a concrete driveway? If you had sat him down on the 24 A. Yes. 25 Q. So this was preventable, wouldn't you agree? Cara C. Massey, CSR 713-222-4956 61 1 A. In hindsight, every accident is. 2 Q. I understand. 3 And this is a learning experience for you, wouldn't you agree? 4 A. Yes. 5 Q. Okay. 6 Mr. Jones. 7 A. Okay. 8 Q. Up until the night of the removal, how would 9 10 Now, I want to talk to you about you classify your relationship with him? A. He's a very pleasant human being. He was 11 always kind to us. 12 apart. 13 Q. Never disrespected you? 14 A. No. 15 Q. Never condescending? 16 A. No. 17 Q. Never thought that, I work for the government. He never yelled at us, picked us 18 I got all the power and this and that. 19 feel that way, correct? 20 A. No. 21 Q. Okay. Never made you But you understand that as a department 22 representative, he did have a job to do as an 23 investigator, correct? 24 A. Yes. 25 Q. And did you feel that whatever mistakes that Cara C. Massey, CSR 713-222-4956 62 1 you've claimed that he's made and such, you believe that 2 he's done any of this to you maliciously or tried to 3 intentionally want to hurt you or your family? 4 A. Lavar specifically? 5 Q. Yeah, I'm talking about Lavar. 6 A. No. 7 Q. Okay. And you still feel that way today, or 8 has the night of the removal just completely changed 9 your view of him? 10 A. I feel that I'm a decent judge of character, 11 and it appeared to me that Lavar wanted to be there 12 about as much as we wanted to be there the night of 13 removal. 14 Q. Okay. And you understand CPS is kind of a 15 bureaucratic agency. 16 have to go through? There is a lot of red tape they 17 A. Correct. 18 Q. There is a certain chain of command that has to 19 be followed? 20 A. Correct. 21 Q. They have to operate under a set of policies, 22 rules and procedures that they have to follow? 23 A. Correct. 24 Q. Okay. 25 Can you sympathize for a caseworker with an immense caseload as to why there may have been a Cara C. Massey, CSR 713-222-4956 63 1 lapse in time, granted it may have harmed you and your 2 family; can you sympathize? 3 4 MR. SLATE: Assumes facts not in evidence and relevance. 5 6 Objection, Your Honor. THE COURT: What is the relevance of her sympathy? 7 MR. NGUYEN: Well, Judge, I think we all 8 know that they have filed a motion for sanctions against 9 the department, whether or not it's, I guess, the 10 department as a whole or they are filing it to impose 11 sanctions against Mr. Lavar individually. 12 trying to protect my client in that respect, so that's 13 how I feel that's the relevant portion. 14 THE COURT: Okay. And I'm First of all, I think -- 15 at least the sanctions that I saw is not asking for 16 anything individually. 17 And again, I'm not understanding the relevance as to any 18 of the elements of their motion for sanctions, so the 19 objection is sustained. It's just against the agency. 20 MR. NGUYEN: 21 MR. SLATE: 22 23 24 25 I pass the witness, Judge. I have no other questions, Judge. MS. PROFFITT: Your Honor, I just wanted to clarify a couple things. RECROSS-EXAMINATION Cara C. Massey, CSR 713-222-4956 64 1 2 BY MS. PROFFITT: Q. Ma'am, what was the distance? It was suggested 3 that you could've slept at your own house and gone back 4 and forth to your in-law's home; do you remember that? 5 MR. LONGWORTH: 6 MR. NGUYEN: Objection. I mentioned that the house she 7 was staying at, the minister or whatever home she was 8 living in and staying at in Baytown, not her home, just 9 for clarification. 10 11 That's what I asked about. THE COURT: Q. Okay. (BY MS. PROFFITT) Rephrase. For the Court's information, 12 what's the distance between your home and the home of 13 your in-laws? 14 15 A. An hour and 15 minutes to an hour and 30 minutes, depending on traffic. 16 Q. Each way? 17 A. Each way. 18 Q. Would that have helped your stress to stay in 19 your own home? 20 A. Yes. 21 Q. Would it have helped your stress to have to 22 drive three hours roundtrip to see your children? 23 A. No. 24 Q. And since CPS came and removed your children, 25 how much time have you spent with your two little ones? Cara C. Massey, CSR 713-222-4956 65 1 A. I saw them for an hour the night they were 2 returned to Deloris, and then I had two, two-hour 3 visits. 4 5 Q. So five hours with your children since September 19th? 6 A. Yes. 7 Q. Do you think that's in your children's best 8 interest? 9 A. No. 10 Q. You were asked if Lavar treated you with 11 respect. 12 respect? 13 14 15 16 A. Did his supervisor treat your family with I would say indirectly, no; face-to-face, the one time I met with her, yes. Q. Did she follow-up with promises that were made during the family team meeting? 17 A. No. 18 Q. Do you think that's respectful to you and your 19 20 family? A. No. 21 MS. PROFFITT: 22 MR. NGUYEN: 23 MR. LONGWORTH: 24 THE COURT: 25 MR. NGUYEN: Nothing further, Your Honor. No questions. No questions. All right. Thank you. State calls Lavar Jones. Cara C. Massey, CSR 713-222-4956 66 1 2 LAVARVIA JONES, having been first duly sworn, testified as follows: 3 4 DIRECT EXAMINATION BY MR. NGUYEN: 5 Q. Mr. Jones, state your name for the record. 6 A. Lavar Jones. 7 Q. And how long have you worked for the 8 department? 9 A. Going on four years now. 10 Q. Okay. 11 And when was your first contact with the parents in this case? 12 A. July 19th, 2018. 13 Q. And what were the original allegations that 14 15 16 17 18 19 were made to you? A. Allegations for physical abuse of Mason Bright by alleged perpetrator Melissa Bright. Q. Okay. And that allegation, was that -- was that based on a physician's statement that you obtained? A. It was based on intake that we received 20 initially when we got the case, and it was a note 21 provided to us from the care team. 22 Q. Okay. 23 A. Yes, sir. 24 Q. And you were made aware of the severity of the 25 From Texas Children's? child's injuries at that time? Cara C. Massey, CSR 713-222-4956 67 1 A. Correct. 2 Q. And these injuries occurred back on July 18th, 3 correct? 4 A. Correct. 5 Q. And when was the emergency -- when was the 6 emergency filed in this case? 7 A. Emergency was filed September 19th, 2018. 8 Q. Okay. 9 So during those months, were efforts made to prevent or eliminate the need to remove the 10 child? 11 A. Yes. 12 Q. What efforts did you make to prevent that? 13 A. When I initially got involved, we did select 14 maternal grandmother as a safety monitor. 15 and upon Mason's discharge, the parental child safety 16 placement was then put in place. 17 Q. Okay. At that point And in the interim, while the children 18 would be with the grandparents, what further efforts 19 would you be making with the parents? 20 A. As far as receiving -- 21 Q. To prevent filing a lawsuit in this case. 22 the interim, while the children were with the 23 grandparents, what else were you doing? 24 25 A. In Well, we had a family team meeting to discuss circumstances regarding the case, the potential Cara C. Massey, CSR 713-222-4956 68 1 2 3 4 5 placement of the children. Q. Okay. Like, backup placements in the event grandparents didn't work out? A. Well, the -- during the family team meeting was discussed about a potential placement. 6 Q. Okay. 7 A. The Brights expressed that they did want to 8 9 switch their placement from the Fraziers to the Jesters. Q. Okay. And you -- and you, yourself, you were 10 in favor of having the children placed with the Jesters, 11 correct? 12 A. Yes. 13 Q. Okay. 14 And you and your supervisor were at the family team meeting? 15 A. Correct. 16 Q. On August 14th, 2018? 17 A. Yes. 18 Q. At the Jester's home? 19 A. That's right. 20 Q. And all the parties involved were pleasant to 21 each other? 22 A. Absolutely. 23 Q. So it was a good meeting? 24 A. Yes. 25 Q. Okay. So there was some talk about some text Cara C. Massey, CSR 713-222-4956 69 1 messages between you and Ms. Bright in which, in 2 response to her question about having the children 3 placed with the Jesters, and your response was, "Okay, 4 that should be fine." 5 A. Uh-huh. 6 Q. In your mind, what did you believe that to 7 mean, or what did you -- what were you really trying to 8 convey? 9 A. That there was a possibility, that there was a 10 chance, but I still didn't have a definite at that 11 point. 12 Q. Okay. 13 A. Correct. 14 Q. You still had to await for approval from your 15 So it wasn't an unequivocal yes? supervisor and your program director? 16 A. Correct. 17 Q. And they understood that even in the beginning? 18 A. The Brights? 19 Q. Okay. 20 A. 22 thereafter. 23 Q. 25 And so when -- after you said, "Okay, that should be fine," did Ms. Bright ever call you? 21 24 Yes. I believe that there was a phone call Okay. Who called who? Did you call her or she call you? A. I can't recall. Cara C. Massey, CSR 713-222-4956 70 1 Q. Okay. 2 A. It was basically about Mason being discharged What was that phone conversation about? 3 from the hospital and that they did pack up some 4 belongings in hopes of taking the child to the Jesters. 5 Then I explained that, at that point, we did not have an 6 approval. 7 was upset about the situation, so I had to talk to my 8 supervisor regarding -- just to explain that, at this 9 point, it's not approved. 10 Q. We were still waiting on an approval. Mom But did you recommend -- did you make a 11 recommendation to your supervisor and program director 12 that, even though it wasn't your decision to make, you 13 made a recommendation that the children be moved to the 14 Jesters? 15 A. 16 17 I was hopeful again about that. MR. SLATE: Objection, Your Honor. Nonresponsive. 18 THE COURT: 19 Did you make a recommendation? 20 Q. (BY MR. NGUYEN) That's sustained. Did you make a recommendation 21 to your supervisor and your program director that you 22 personally felt that the children should be moved to the 23 Jesters? 24 A. I didn't make a recommendation. 25 Q. Was it ever made known to them that you were -- Cara C. Massey, CSR 713-222-4956 I mean, no. 71 1 you testified earlier that you were wanting the children 2 to be placed with the Jesters ultimately, correct? 3 A. Correct. 4 Q. Did you ever convey that to your supervisor or 5 program director? 6 A. Not to my program director, but I did ask my 7 supervisor on a continuous basis if we've received an 8 approval so I can let the family know something. 9 10 Q. That was after the team meeting and after the discharge from the hospital on the 22nd? 11 A. Yes. 12 Q. Okay. 13 A. At that point, from my supervisor, we had not And did you get a response? 14 had an approval yet. 15 basically. 16 Q. Okay. We have to wait for an approval, And the reason why -- what was the 17 reason as to why it took so long to get an answer as to 18 whether or not that placement is going to be approved or 19 not? 20 A. From my understanding, my program director was 21 in training and was made aware about trying to get the 22 family approved. 23 Q. Okay. Now, while -- during that time period, 24 while waiting for the approval on the parental child 25 safety placement with the Jesters, there was an approval Cara C. Massey, CSR 713-222-4956 72 1 for someone by the name of Mary Feathers? 2 A. Yes. 3 Q. Okay. Her name sounds familiar. As a safety monitor. Why was someone 4 approved as a safety monitor and could not be 5 approved -- it was not an approval on the PCSP? 6 A. Okay. Melissa had notified me and just 7 basically said that Ms. Frazier needed some help over 8 the weekend. 9 family team meeting, I believe. This was before -- I believe before the She had expressed 10 getting someone else approved to help Missy for that 11 weekend. 12 Q. Okay. 13 A. My supervisor. 14 Q. Safety monitor doesn't have to be approved by a 15 And who approved it? program director? 16 A. No. 17 Q. But a PCSP does? 18 A. Yes. 19 Q. So what is the process to -- what is the normal 20 process to have a parent child safety placement 21 approved? 22 A. Basically -- 23 Q. What has to happen? 24 A. Basically, you run -- you interview the 25 potential caregivers, you run background checks on those Cara C. Massey, CSR 713-222-4956 73 1 individuals, you go out to the residences, you do a home 2 assessment, you contact collaterals. 3 you submit it to the supervisor. 4 and sends it to the program director. 5 6 Q. Okay. PCSP? A. Yes, sir. 8 Q. Okay. MS. PROFFITT: Objection. Relevance, Your Honor. 12 13 And you know -- do you know how many cases your program director would have? 10 11 Supervisor reviews it So there is a lot more steps than the 7 9 Once that is done, MR. NGUYEN: I'm trying to make an argument as to possibly why it took so long. 14 THE COURT: Reasonableness of CPS's actions 15 is part of the adversary hearing. 16 know. I'll allow it, if you 17 A. I would have to say -- what was the question? 18 Q. (BY MR. NGUYEN) 19 Do you know the amount of caseload that your program director has? 20 A. I would say a lot. 21 Q. And this case, or this parent child safety 22 placement, is not the only one that she has to consider, 23 correct? 24 A. Correct. 25 Q. Safe to say that she has somewhere around Cara C. Massey, CSR 713-222-4956 74 1 500 cases? 2 3 MR. SLATE: facts not in evidence. 4 6 Q. A. Specifically, you yourself, Caseload is probably about 20, maybe 21, roughly. 9 10 (BY MR. NGUYEN) Sustained as to leading. what's your caseload? 7 8 Q. Okay. Is that normal for investigative caseworkers? 11 A. That's probably normal, if not more. 12 Q. If not more? 13 Assumes Leading. THE COURT: 5 Objection, Your Honor. Okay. Now, on the evening of the removal -- and that took place September 19th, correct? 14 A. Correct. 15 Q. Let me take that back. When do you first find 16 out that -- or when did the parents first put you on 17 notice that they were no longer cooperating with the 18 department? 19 A. 20 August 28th. 21 22 23 Dad on -- me and Dad had a phone conversation Q. Okay. And what did the father say to you that A. Father said that he expressed that our day? 24 department had been difficult -- just paraphrasing -- 25 and he said that he -- they were no longer going to Cara C. Massey, CSR 713-222-4956 75 1 comply with our department and cooperate with our 2 department. 3 Q. Okay. 4 A. Or the agency. 5 Q. What did you think -- what did you think that 6 meant in your mind? 7 A. No cooperation. 8 alone. Don't bother us. 9 Q. Okay. No cooperation. Leave me Don't mess with us. In your past experience as a caseworker, 10 has there ever been a parent, a CPS parent who's 11 indicated they will no longer cooperate with the 12 department, but that they would keep the child or the 13 PCSP in place and not disrupt that? 14 A. I'm sorry? 15 Q. Have you ever, in your past experience as a 16 caseworker, have you ever encountered a parent who 17 stated to you they are not cooperating with the 18 department, but they have not disrupted the PCSP? 19 A. No. 20 Q. You've never had that happen to you? 21 A. A family to tell me that they wouldn't -- no 22 longer going to cooperate and left their children in the 23 PCSP? 24 Q. Yes. 25 A. No. Cara C. Massey, CSR 713-222-4956 76 1 Q. Have you ever heard that happen by anyone else? 2 A. Can't recall. 3 Q. Okay. 4 So when he told you that, did you feel that he was going to violate the PCSP? 5 A. I did believe that there was some indication. 6 Q. Okay. 7 8 9 And why did it take so long for the department to file this petition to remove the children? A. You know, again, when Dad said that he wasn't going to cooperate, I mean, for me, no cooperation is no 10 cooperation. 11 caregiver, a trusted caregiver who was the initial PCSP 12 that we trusted to notify us. 13 We also had, during that time, a MS. PROFFITT: 14 object to nonresponsive. 15 agency so long. 16 MR. NGUYEN: Your Honor, I'm going to He was asked why it took the Well, I think he's explaining 17 he had entrusted the caregiver to -- and he was getting 18 to the point. 19 THE COURT: I think it's a pretty open, 20 broad question, so to the extent that it's going toward 21 answering that question, I'll allow it. 22 A. So, yes, we had a trusted caregiver in place 23 which we trusted during the initial PCSP to let us know 24 and notify us. 25 Q. (BY MR. NGUYEN) Okay. Cara C. Massey, CSR So you put your trust 713-222-4956 77 1 on a PCSP; and during that time period, you got no call 2 from that PCSP, the Fraziers? 3 A. Correct. 4 Q. And in your mind, did you feel the child -- the 5 safety of a child was in jeopardy during that time 6 period? 7 A. I mean -- because during that time period, I 8 didn't have any evidence of facts that that child had 9 been moved. 10 11 Q. Okay. So that was just an assumption on your part? 12 A. Yes. 13 Q. And you had no other reason to believe 14 otherwise? 15 A. Otherwise. 16 Q. Meaning that the Fraziers were going to violate 17 the PCSP and just hand the children over? 18 A. I mean -- correct. 19 Q. Okay. And because you didn't get a phone 20 call -- I take that back. 21 that you've had with Mr. Bright, was there -- did you 22 feel like there was any kind of animosity between the 23 two of you, like when you two were speaking to each 24 other? 25 A. On the 28th, yes. So during the conversations On August 28th. Cara C. Massey, CSR 713-222-4956 78 1 Q. And this was a phone conversation? 2 A. Correct. 3 Q. Not a text message? 4 A. No. 5 Q. Okay. 6 A. He was aggressive. 7 Q. Okay. 8 A. In an aggressive tone. 9 Q. Okay. 10 A. Combination of both. 11 Q. Okay. 12 A. He's a big guy. 13 Q. And when the decision was made to have the Was he yelling at you? I mean -- Like, shouting or was he just stern? And he's a pretty big guy? 14 children removed from their home, were you concerned for 15 your own safety and well-being? 16 A. Yes. 17 Q. Okay. And when you -- on the evening that the 18 children were removed, at what time did you actually 19 arrive at the house? 20 21 22 A. I actually arrived at the residence probably about 7ish, 7:15, 7:20, 7:30. Q. Okay. And at what point did you finally make a 23 decision to knock on the door and get in contact with 24 the parents? 25 A. After I had waited on law enforcement for at Cara C. Massey, CSR 713-222-4956 79 1 least two hours. 2 Q. Okay. 3 A. Yes. 4 Q. But it got to the point in time of the evening So you were waiting for law enforcement? 5 that you just couldn't wait any longer; you took your 6 chances? 7 8 MS. PROFFITT: Leading, Your Honor. 9 10 Objection. THE COURT: Q. (BY MR. NGUYEN) That's sustained. Why did you make the decision 11 to -- if you were so concerned for your safety, then why 12 did you make the decision to get in contact with the 13 parents prior to law enforcement arriving? 14 A. I called dispatch back on several occasions. 15 They knew the make and model of my vehicle. 16 what residence I was going to. 17 long spent, so I made a decision at that point to go 18 into -- knock on the door of the residence. 19 Q. Okay. They knew And the time was far And the actual removal of children from 20 the parents' home is probably the worst part of your 21 job, isn't it? 22 THE COURT: 23 MR. NGUYEN: 24 THE COURT: 25 Q. (BY MR. NGUYEN) Please stop with the leading. I'm sorry? Stop with the leading. Have you -- in your prior Cara C. Massey, CSR 713-222-4956 80 1 experience with CPS as a whole, have you had bad 2 experiences with CPS parents when removing their 3 children from them? 4 A. Yes. 5 Q. Has any of them resulted in violence or close 6 to it? 7 A. Yes. 8 Q. Okay. 9 Were you afraid that could potentially happen in the Bright's home at that time? 10 A. Yes, sir. 11 Q. Okay. There is always a chance. Now, do you feel that looking back at 12 things in this case you could've or would've done 13 differently? 14 A. Yes, sir. 15 Q. And what is that exactly? 16 A. I would've reengaged the parents sooner or 17 18 contacted Missy myself, yes. Q. Okay. So you're saying you weren't as diligent 19 in maintaining contact with the family as much as you 20 should have? 21 A. As I could have. 22 Q. As you could have? 23 You think your 21 caseload has anything to do with that? 24 A. Sure. 25 Q. In what respect? Cara C. Massey, CSR 713-222-4956 81 1 A. We average anywhere from three to maybe five 2 cases sometimes a week. 3 24 hours to contact; P-2, 72 hours to contact, so we 4 have some due diligence that we have to do regarding 5 those cases. 6 7 Q. Okay. And P-1, Priority 1's, we have And in your mind, during that 22-day period, did you think the child was in danger? 8 A. No. 9 Q. Okay. So did you have to prioritize some cases 10 in which there was imminent danger as opposed to those 11 in which there was not? 12 A. I mean, each case is treated case by case. 13 Different circumstances, different situations that may 14 take a little bit more time than others. 15 16 Q. Okay. But you weren't trying to avoid the Brights or anything like that? 17 A. No, sir. 18 Q. What else do you think you could've done 19 differently? 20 A. Can't think of anything offhand right now. 21 Q. Do you believe there were mistakes made in this 22 case or that this case could've been handled better? 23 A. I believe there were, yes, some mistakes. 24 Q. On your part? 25 A. Yes. Cara C. Massey, CSR 713-222-4956 82 1 2 Q. And you're here before the Court; you're owning up to your mistakes? 3 A. Yes. 4 Q. What -- can you state what mistakes those were? 5 A. Not reengaging the family a lot sooner from 6 when Dad did express, "I'm no longer going to cooperate 7 with the agency." 8 Missy and touched base with her. 9 Q. At that point, I should've called And throughout the entire process, you were 10 supportive of having the children placed with the 11 Jesters? 12 A. Yes. 13 Q. And you maintained a very good, healthy 14 relationship with the parents throughout the process? 15 A. Yes. 16 Q. Right? 17 A. Correct. 18 Q. Is there anything else that you wanted to say 19 20 either directly to the parents or to the Court? A. No. 21 MR. NGUYEN: 22 THE COURT: Pass the witness, Judge. All right. My guess is we're 23 not going to finish cross in the next five minutes. 24 Let's go ahead and take a break, and I'd like to try and 25 start right at 1:45. Thank you. Cara C. Massey, CSR 713-222-4956 83 1 (Brief recess) 2 MR. SLATE: Judge, in an abundance of 3 caution because some of the testimony that's already 4 been provided compared to some of the sworn testimony in 5 the affidavit and also some of the recordings we have, I 6 would ask the Court to give a Miranda warning to 7 Mr. Jones just to ensure that he fully understands his 8 rights as he testifies here today and also -- and the 9 potential rights he may have to not give answers under 10 sworn testimony. 11 THE COURT: 12 Do you understand that -- obviously, that All right. 13 you're under oath, and you understand that you have a 14 right to remain silent. 15 case to remain silent and not have your silence held 16 against you. 17 silent in this court, this could be used against you in 18 this manner or against the agency that is part of the 19 sanctions. 20 you say could be used against you in this court or in 21 another court. That is a right in a criminal Although you have that right to remain If you do decide to testify, anything that Do you understand that? 22 THE WITNESS: 23 THE COURT: 24 25 Yes, sir. All right. CROSS-EXAMINATION BY MR. SLATE: Cara C. Massey, CSR 713-222-4956 84 1 Q. Can you give me your full name, sir? 2 A. Full name is Lavarvia Jones. 3 Q. And you said before that you've been working 4 for the Texas Department of Family and Protective 5 Services for four years? 6 A. Yes, sir, going on four years. 7 Q. And what -- how long have you been in the role 8 as an investigator? 9 A. All four years. 10 Q. I can barely hear you. 11 A. All four years. 12 Q. And so how many times have you -- give an 13 estimation of how many times you think you've put 14 together a removal affidavit? 15 A. I would roughly say eight, nine, perhaps. 16 Q. Eight or nine? 17 A. Roughly. 18 Q. In four years, you've only put together eight 19 or nine? 20 A. Roundabout, yes, sir, that I can recall. 21 Q. And so as an investigator, are you not putting 22 together cases to remove people's children? 23 A. Can you repeat that? 24 Q. Over the four years, you've only had eight or 25 nine times that you've put an investigation together to Cara C. Massey, CSR 713-222-4956 85 1 remove someone's child? 2 A. Okay, so my understanding of the question to me 3 is my four years being here, how many times have I 4 prepared an affidavit; is that correct? 5 Q. 6 affidavit? 7 A. Don't know. 8 Q. Give me an estimation? 9 A. When you say "sworn," you mean the signature 10 How many times have you sworn yourself to an that I've signed on the affidavit? 11 Q. Sir, I'm going to show you what's already been 12 entered into evidence as Exhibit 1. 13 that exhibit. 14 you? This is page 11 of Do you see that on the screen in front of 15 A. Yes. 16 Q. Do you see down there where you've got your -- 17 do you see that signature on the bottom of that 18 affidavit? 19 A. Yes. 20 Q. You see that part that says: 21 "Signed under oath before me on the 19th of September, 2018"? 22 A. Yes, sir. 23 Q. Okay. Did you know that when you make these 24 affidavits, you are swearing to the contents of the 25 affidavit under oath of penalty of perjury? Cara C. Massey, CSR 713-222-4956 86 1 A. Yes. 2 Q. Do you know what "under oath and penalty of 3 perjury" means? 4 A. Explain. 5 Q. I'm asking: A. Well, "perjury" is when you state something and 6 7 8 Do you know what it means, yes or no? then go back on what you said, basically. 9 Q. That's your understanding of what perjury is? 10 A. Yes. 11 Q. So do you understand that you have to tell the 12 truth when you make an affidavit? 13 A. Correct. 14 Q. You understand that there is a penalty if you 15 do not tell the truth? 16 A. Correct. 17 Q. What is that penalty, to your understanding? 18 A. I guess it would be jail time. 19 Q. So you also understand that when you come and 20 the judge swears you in and you raise your right hand, 21 that oath is the same that you give when you make the 22 affidavit? 23 A. Yes. 24 Q. You understand that when you came in here for 25 this emergency hearing, ex parte hearing, that you also Cara C. Massey, CSR 713-222-4956 87 1 took an oath on that day? 2 A. Yes. 3 Q. Okay. 4 And the testimony you gave that day was also under oath? 5 A. Yes. 6 Q. Let me ask you this: Off of the top of your 7 head, can you think of any inconsistencies between the 8 testimony you've given today, what you stated in your 9 affidavit, and the testimony you gave that day that you 10 came up here on the ex parte hearing on September 19th? 11 Can you think of any inconsistencies between those three 12 periods -- or those three occasions you gave sworn 13 testimony in this case? 14 15 MR. NGUYEN: object. My client's going to assert the Fifth. 16 17 MR. SLATE: THE COURT: Yeah, that has to be asserted by the witness if he wants. 20 A. Plead the Fifth. 21 Q. (BY MR. SLATE) 22 Judge, he cannot assert the Fifth for another person. 18 19 Your Honor, I'm going to You plead the Fifth to that question? 23 A. Yes. 24 Q. You understand that the Judge can infer from 25 your testimony of taking the Fifth Amendment in this Cara C. Massey, CSR 713-222-4956 88 1 civil case, that that means that you -- there were 2 inconsistencies? 3 MR. NGUYEN: Objection. Your Honor, the 4 Court's already admonished the witness regarding his 5 Fifth Amendment rights. 6 7 8 THE COURT: admonishment, as in a statement; that's a question. A. 9 10 I don't think that's an What was the question? MR. NGUYEN: Objection. Assumes that there are inconsistencies to begin with. 11 MR. SLATE: He just took the Fifth. 12 THE COURT: That's overruled. 13 was just: 14 there were inconsistencies? The question Do you understand the judge can infer that 15 THE WITNESS: 16 THE COURT: And "infer" means? I don't think that I can 17 instruct you with anything other than just the plain 18 meaning of "infer": 19 Q. Deduce, draw a conclusion from. (BY MR. SLATE) Do you understand that by 20 taking the Fifth Amendment to that question, that you 21 have inconsistencies in your testimony and your 22 affidavit, that the Court can then consider that, yes, 23 you do have those inconsistencies and that's why you're 24 taking the Fifth? 25 A. Not true. Cara C. Massey, CSR 713-222-4956 89 1 2 Q. Well, then -- but you just took the Fifth because you didn't want to answer that question. 3 MR. NGUYEN: 4 THE COURT: 5 6 Q. (BY MR. SLATE) Objection. Argumentative. It's overruled. You just took the Fifth because you didn't want to answer that question, right? 7 A. Correct. 8 Q. Are there any times in your affidavit that you 9 10 did not tell the truth in what was sworn to and presented to this court? 11 A. No, sir. 12 Q. In the affidavit? 13 A. No, sir. 14 Q. Are there any times in your sworn testimony at 15 the emergency removal hearing, the ex parte hearing, 16 that the testimony you provided was not the truth? 17 A. That day I swore to tell the truth, yes. 18 Q. That's not what I asked you, sir. Was there 19 any testimony that you provided that was not the truth 20 on September 19th? 21 A. No. 22 Q. Has any testimony you've provided today been 23 not the truth? 24 A. No. 25 Q. When you put into your sworn affidavit here Cara C. Massey, CSR 713-222-4956 90 1 that there is no evidence of any hematology injury -- 2 issues that would explain the second injury. 3 you mean? 4 A. I mean what it says in the affidavit. 5 6 MR. SLATE: MR. NGUYEN: THE COURT: 10 12 13 Nonresponsive, That's responsive to his question. 9 11 Objection. Judge. 7 8 What did That's sustained. Listen to the question, please. Q. said: A. (BY MR. SLATE) What did you mean when you "There are no hematology issues"? What I meant there was hematology issues as far 14 as what the parents were saying was Von Willebrand. 15 had no information saying that this -- that that was the 16 case. 17 team, we were informed that there were no issues with 18 hematology. 19 Q. We And once we spoke to the individual for the CAPs So you're saying that you had never been 20 provided the information or any records that showed you 21 this child had Von Willebrand? 22 23 A. I had been provided the records; but I'm not a doctor, so I can't read this. 24 Q. And what records had you been provided? 25 A. Well, the parents did give me -- had given me Cara C. Massey, CSR 713-222-4956 91 1 something from Texas Children's. 2 Q. When? 3 A. I can't recall exactly when. 4 Q. Was it at the family team meeting? 5 A. Maybe. 6 Q. They gave you what we've got admitted into 7 evidence as Exhibit No. 3. 8 what you're looking at on page 5 on Exhibit 3? They gave you this, right, 9 A. Something to this nature. 10 Q. Well, they gave you exactly this, right? 11 A. No. 12 Q. Okay. And down there at the bottom, I want you 13 the read down there where it starts with the -- I'll put 14 the little laser on it -- it starts with: 15 Read that for me. 16 17 A. "These data." "These data suggest Von Willebrand disease Type 1." 18 Q. 19 Keep reading. MR. NGUYEN: Objection, Your Honor. This 20 assumes that the caseworker knows what Von Willebrand 21 is. 22 THE COURT: No, I don't think so. I think 23 he was just asking to read what it says in the -- what's 24 already in evidence. 25 Go ahead. Cara C. Massey, CSR 713-222-4956 92 1 2 3 Q. (BY MR. SLATE) Keep reading here at the top of the next page. A. "A risk for bleeding. 4 ranges of Von Willebrand." 5 see it. 6 Q. Since the low detectable Make it big again. Can't I just want to look so we can look at those two 7 pages together. 8 understand medical records, right? You said a second ago, you can't 9 A. Correct. 10 Q. Okay. And so this part right here where it 11 says: 12 you able to understand that part? "The patient carries a risk for bleeding," were 13 A. Yes. 14 Q. Okay. So when you go and write into a sworn 15 affidavit that there is no hematology issues for this 16 child, is that the truth? 17 A. Well, based from what we received from our -- 18 19 MS. PROFFITT: Your Honor. 20 Objection. Nonresponsive, It's a yes or no question. THE COURT: Yes or no question. 21 A. Repeat the question. 22 Q. (BY MR. SLATE) When you write in a sworn 23 affidavit there were no hematology issues, and yet you 24 can clearly read that sentence and understand it, were 25 you telling the truth in your sworn affidavit? Cara C. Massey, CSR 713-222-4956 93 1 A. Yes. 2 Q. How? 3 A. Because, again, we spoke to our abuse team and 4 they told us that there were no hematology issues. 5 Q. Sir, tell me the name of the doctor you spoke 7 A. I hadn't spoke to anyone. 8 Q. You didn't talk to a doctor? 9 A. No, sir. 10 Q. And so you're saying you can't interpret 6 to? 11 medical records; a doctor would need to. 12 you said a minute ago, right, that you're not a doctor? That's what 13 A. I'm not a doctor. 14 Q. But you didn't go speak to a doctor? 15 A. No. 16 Q. Do you think that you were doing your due 17 diligence before you took away these people's children? 18 A. Yes. 19 Q. You don't think you needed to go and talk to a 20 21 22 23 doctor? A. Well, I spoke to the social worker who is part of the abuse team that consults with the doctor. Q. And so when you -- when you go off and sign 24 your name to a sworn affidavit, do you feel any duty to 25 make sure that your putting the correct information in Cara C. Massey, CSR 713-222-4956 94 1 front of a judge? 2 A. Yes. 3 Q. Okay. And so you're saying that what you did 4 to give this judge in this court correct information 5 before you removed some people's children was to talk to 6 a social worker? 7 A. Who was a part of the child abuse team, yes. 8 MR. SLATE: Objection. 9 THE COURT: Yeah, listen to the question. 10 Q. (BY MR. SLATE) Nonresponsive. You're saying your due 11 diligence, when you put forth an affidavit under oath 12 that said this child had no hematology issues, that your 13 due diligence included talking to a social worker? 14 A. Yes. 15 Q. When you get a cold, do you go see a social 16 worker? 17 18 MR. NGUYEN: Objection. relevance. 19 THE COURT: It's overruled. 20 A. When I get a cold? 21 Q. (BY MR. SLATE) 22 Argumentative and Right. You go see a social worker? 23 A. I'm going to Walgreens. 24 Q. Let's say you come down with pneumonia, you go 25 see a social worker? Cara C. Massey, CSR 713-222-4956 95 1 2 MR. NGUYEN: Objection. relevance. 3 THE COURT: That's overruled. 4 A. If I get pneumonia? 5 Q. (BY MR. SLATE) 6 Argumentative and I go see a doctor. Because that's the people who deal with medicine, right? 7 A. Uh-huh. 8 Q. Right? 9 A. Yes. 10 Q. And yet that's not what you afforded the You know that, right? 11 Brights before you went and came down here and removed 12 their children, right? 13 14 15 16 A. I consulted with the social worker who's a part of the child abuse team. Q. What did you do to make sure that that social worker knew about the Von Willebrand? 17 A. 18 Willebrand. 19 Q. 20 21 That social worker was well aware of the Von Did you provide her a copy of the records that you were given? A. She had the records. 22 MR. SLATE: Objection. 23 THE COURT: Please listen to the question. 24 25 Q. (BY MR. SLATE) Nonresponsive. Did you provide her with a copy of the records that you were given? Cara C. Massey, CSR 713-222-4956 96 1 A. No. 2 Q. Why? 3 A. Because I trusted her and what she told us 4 5 6 based on information from the doctors. Q. Now, today, you were asked what could you have done better in this case, right? 7 A. Yes. 8 Q. And the only thing you listed was "not reengage 9 the family sooner," right? 10 A. Yes, sir. 11 Q. So you believe, as you sit here right now, that 12 CPS did its job in regards to getting medical evidence 13 and proof together to bring to this court by just 14 talking to the social worker? 15 A. Yes, sir. 16 Q. You think that by just talking to a social 17 worker that you had a full understanding, and this 18 court, therefore, had a full understanding of the 19 medical issues regarding Mason Bright? 20 A. 21 statement. 22 Ms. Russell. I mean, we were provided a physician's We were -- again, we consulted with 23 Q. Where is this physician's statement? 24 A. My attorney has it. 25 Q. Well, let's look here. Cara C. Massey, CSR You attach here in your 713-222-4956 97 1 affidavit -- you mentioned that there is a -- I'm 2 looking on page 7 of Exhibit 1. 3 this paragraph that "attached to the petition being 4 filed as Exhibit 1 is a copy of the physician's 5 statement," right? 6 A. Yes. 7 Q. Okay. You say right here in And what is attached as Exhibit 1 is -- 8 I'm going to show you page 12 of that document. 9 Exhibit 1, right? 10 A. Okay. 11 Q. Am I correct? 12 A. Yes. 13 Q. Okay. 14 So this is what you attached as a physician's statement, right? 15 A. 16 statement. 17 Q. 18 That's From my knowledge, that was a physician's What we're looking at right here is a physician's statement to you? 19 A. Yes, sir. 20 Q. Where did a doctor sign off on it saying that 21 they affirm this was a true diagnosis? 22 A. I don't see anything on this particular page. 23 Q. How about page 14? 24 A. No. 25 Q. How about page 15? Cara C. Massey, CSR 713-222-4956 98 1 A. No. 2 Q. Page 16? 3 A. No, sir. 4 Q. Page 17? 5 A. No. 6 Q. Page 18? 7 A. I do not -- 8 Q. Page 19? 9 A. No, sir. 10 Q. Page 20? 11 A. No. 12 Q. Okay. 13 14 15 16 17 So, again, where in that document was this thing signed off on by a physician? A. And I was not aware that it had to be signed by a doctor to be a physician's statement. Q. How many times have you ever had to get a physician's statement? 18 A. Probably a few times. 19 Q. You've never gotten them with doctor's 20 21 22 23 signatures on them? A. That was not the focus of the statement was to look for signatures; it was to read. Q. Even the records that you attached are dated -- 24 the last date on them is this one right here for 25 Dr. Sarpong on July 20th, 2018, right? Cara C. Massey, CSR 713-222-4956 99 1 A. Yes. 2 Q. Okay. We know from those medical records we 3 just looked at over here on Exhibit 3 that the results 4 for the hematology test came in on July 24th, 2018, 5 right? 6 A. Yes. 7 Q. So that's basic investigative technique, right, 8 to look at the dates as stuff came in, right? 9 would've known that when you came and filed your 10 You affidavit, wouldn't you? 11 A. What was the first question? 12 Q. I said it was basic investigative technique to 13 look at dates, right? 14 A. Yes. 15 Q. You would've done that before you came in here 16 and filed for an affidavit removing these people's kids, 17 right? 18 A. Yes. 19 Q. So you knew that what you had -- those medical 20 records were done before hematology results came in? 21 A. No. 22 Q. You just said basic investigative technique 23 would've been to look at dates, and you would've done 24 that before you came in here? 25 A. Yes. Cara C. Massey, CSR 713-222-4956 100 1 2 Q. So you knew hematology came in after the stuff that you provided on the back of your affidavit, right? 3 A. No. 4 Q. Why? 5 A. I mean, because what I provided on my affidavit 6 7 8 is what I thought to be the physician's statement. Q. Sir, the records you provide on the back of the affidavit are dated what? 9 A. I see the 24th, correct. 10 Q. They are dated the 20th? 11 A. Well, from this exhibit, it says 24th. 12 Q. This is what you -- look on Exhibit 1, sir. 13 This is what you attached to the affidavit. 14 A. Okay. 15 Q. That's not dated the 24th, is it? 16 A. No. 17 Q. It's not dated the 24th anywhere on it, is it? 18 A. No. 19 Q. Are you -- are you saying right now you didn't 20 do basic investigative technique to look at these dates, 21 or you did before you came down here with this 22 affidavit, with your affidavit to take these kids away? 23 A. 24 the dates. 25 attaching was the physician's statement. I would say I did. Perhaps, I missed some of Like I said, what I thought what I was Cara C. Massey, CSR 713-222-4956 101 1 Q. Sir, you're attaching records that you think 2 are a physician's statement which go through and talk 3 about there being blood injuries, right, and there being 4 no explanation for those for blood in the brain, right? 5 A. Yes. 6 Q. Which you then turn around and put into your 7 affidavit to this court that this child has unexplained 8 bleeding in the brain, right? 9 A. Yes. 10 Q. And yet you were given records that clearly 11 show they were done after your supposed physician's 12 statement saying there is an explanation for blood? 13 14 15 16 A. Well, again, according to our CAPs team, there was no explanation for the hematology -Q. Well, you heard the doctor get up here yesterday, right? 17 A. I did. 18 Q. And you heard him say there absolutely is a 19 hematology explanation for the blood, right? 20 A. Yes. 21 Q. And he says no one ever contacted him and asked 22 him about it after July 19th? 23 A. Right. 24 Q. Did that surprise you that he said that? 25 A. No. Cara C. Massey, CSR 713-222-4956 102 1 Q. Because you knew no one had contacted him? 2 A. Correct. 3 Q. And yet he's the guy that you're saying is the 4 physician that signed off on this case, right? 5 A. What you mean "signed off on this case"? 6 Q. You just said your physician's statement is 7 this document that we're looking at? 8 A. Yes. 9 Q. "Attestation signed by Sarpong, Kwabena," 10 right? 11 A. Yes. 12 Q. And so that guy who you're now relying on just 13 14 told us yesterday hematology explains the bleeding. MR. LONGWORTH: Objection, Your Honor. 15 That misstates the facts. 16 account for some of it but not all of it. The doctor said that could 17 MR. SLATE: 18 MR. LONGWORTH: 19 (Attorneys talking simultaneously) 20 THE COURT: That's not what he said, Judge. I disagree, Your Honor. Well, I took that as a question 21 and he can agree or disagree with it, that he believes 22 that that's what the statement was. 23 The question was: "So that guy you're now 24 relying on just told us yesterday that hematology 25 explains the bleeding," if I stated the question Cara C. Massey, CSR 713-222-4956 103 1 correctly. 2 A. That's what it sounds like he was saying. 3 Q. (BY MR. SLATE) Is that your understanding or not? So do you think that you did 4 your due diligence in reporting to the Court the nature 5 of the bleeding? 6 MR. NGUYEN: Objection. That assumes that 7 he was an expert at that moment, and he's not qualified 8 to be testifying to the bleeding. 9 THE COURT: I think -- if I understand the 10 question was -- he's asking this witness about due 11 diligence and whether he believes he did due diligence 12 in his telling -- in reporting to the Court the nature 13 of the bleeding; is that correct? 14 he -- In other words, did 15 MR. SLATE: Yes, Your Honor. 16 THE COURT: Does that make sense? 17 THE WITNESS: 18 Q. (BY MR. SLATE) Yes, sir. Do you believe you did your due 19 diligence in reporting to this court in a sworn 20 affidavit asking the Court to remove these people's 21 children with what you did regarding the blood in the 22 child's brain? 23 24 25 A. Based on my conversation with the social worker, yes. Q. When did you have the conversation with the Cara C. Massey, CSR 713-222-4956 104 1 2 3 social worker? A. There was several occasions. I cannot recall the dates right off. 4 Q. When was the last one? 5 A. Last one was on September 19th. 6 Q. As you were down here putting your affidavit 7 together? 8 A. Yes. 9 Q. Did you ask the social worker to go and run it 10 by the doctor one more time? 11 A. 12 notes. We asked her to look through the doctor's 13 MR. SLATE: Objection. 14 THE COURT: Yes or no, did you ask? 15 A. To run it by the doctor? 16 Q. (BY MR. SLATE) Nonresponsive. Did you ask the social worker 17 to go and run the facts by the doctor one more time 18 before you filed your affidavit? 19 A. No. 20 Q. Do you think that would be a better practice 21 than just relying on a social worker? 22 A. No. 23 Q. Do you understand the magnitude of someone 24 25 removing someone's children from them? A. Yes. Cara C. Massey, CSR 713-222-4956 105 1 Q. What is it? 2 A. The magnitude? 3 Q. What is it? 4 Why is it? What is the magnitude? Why is it important? 5 A. To remove? 6 Q. Yes. 7 A. The magnitude is if that child is in danger. 8 Q. But do you understand the protections that 9 10 people have to raise their children without governmental interference? 11 MR. LONGWORTH: 12 MR. NGUYEN: Objection. Relevance. -- a legal conclusion. 13 he's talking about protection as in constitutional 14 protections? 15 THE COURT: 16 you understand that? 17 can answer. 18 Is I think his question is: Do If he doesn't understand that, he He can answer either way. Do you understand the protections that 19 people have to raise their children without governmental 20 interference? 21 22 A. You mean as far as their rights? Do you mean as far as rights? 23 THE COURT: Counsel? 24 A. Do you mean as far as their rights? 25 Q. (BY MR. SLATE) Yeah. Cara C. Massey, CSR 713-222-4956 106 1 2 A. Do I understand? Yeah, I do understand there are certain rights. 3 Q. What are they that you understand? 4 A. I mean, Fourth Amendment rights. 5 6 There are different rights that individuals have. Q. Do you understand it's a constitutional right 7 for a parent to raise their child without the government 8 coming and interfering? 9 10 MR. NGUYEN: Calls for a legal conclusion. 11 12 Objection. THE COURT: Overruled. He's asking: Do you understand? 13 A. Give me your question again. 14 Q. (BY MR. SLATE) Do you understand that parents 15 have a constitutional right to raise their children 16 without government interference? 17 A. No. 18 Q. Do you understand that you work for the 19 government? 20 A. I do. 21 Q. Do you understand that when you come and take 22 someone's kids, you impair their constitutional rights? 23 24 25 MR. NGUYEN: Objection. Calls for a legal conclusion. THE COURT: That's overruled. Cara C. Massey, CSR 713-222-4956 107 1 A. How would it impair their rights? 2 Q. (BY MR. SLATE) 3 raise their kids without you coming and taking them. 4 5 6 MR. NGUYEN: 9 10 11 12 13 Objection, Your Honor. That's not a question. Q. (BY MR. SLATE) Do you understand? 7 8 Because they have a right to THE COURT: Q. (BY MR. SLATE) That's sustained. Is your answer that you don't understand that when you come and take their kids, that you're impairing their constitutional rights? A. I understand that they have rights; but as a worker, we do have procedures and we -Q. So you don't really understand that it's a big 14 deal to come down and take their rights; is that what 15 you're saying? 16 from them. 17 A. Yes. 18 Q. Well, you're saying that all you got to do is Come down and take someone's kids away You don't understand the magnitude? 19 talk to a social worker on a medical case, don't care 20 whether or not they talk to a doctor, right? 21 A. I didn't say that. 22 Q. You don't think you need to sit here and look 23 at records and date whether or not records are brought 24 in on one day or another day, right? 25 A. I'm not saying that. Cara C. Massey, CSR 713-222-4956 108 1 Q. What are you saying, sir? 2 A. I believe it is important. 3 Q. So if it's real important before the government 4 comes and removes people's children from them against 5 their constitutional rights, why aren't you doing a 6 little more effort and work before you do it? 7 8 9 10 A. Well, I mean, to the best of my knowledge, I've done the best of my ability. Q. This case is the best of your ability? This case, the Bright case? 11 A. Yes. 12 Q. We can look at this case and think this is 13 14 15 16 17 Lavar Jones at his best? A. I mean, there are some things I could've done better, correct. Q. The only thing you listed that you could've done better was to reengage the family sooner? 18 A. Yes. 19 Q. Otherwise, nothing else was wrong with what 20 Lavar Jones did in this case, right? 21 A. I'm not -- I mean, with the dates -- yes, sir. 22 Q. Sir, you testified under oath when Mr. Nguyen 23 asked you questions a minute ago, that that was the only 24 thing that was a mistake you made in this case, right? 25 A. That I could recall. Cara C. Massey, CSR 713-222-4956 109 1 Q. Are there other ones that you can recall now? 2 A. No, sir. 3 Q. You said a minute -- you also said, right after 4 that question that Mr. Nguyen asked you, that you had a 5 good and healthy relationship with the Bright family; do 6 you remember saying that? 7 A. Yes. 8 Q. And yet that good and healthy relationship, you 9 10 said you were afraid of the Brights; is that what you said? 11 A. At some point, yes. 12 Q. When did you become afraid of them? 13 A. Well, Dad's aggression on the 28th of August 14 when I spoke to him about not cooperating, Dad -- his 15 tone was aggressive. 16 Q. So that's when you became afraid? 17 A. I don't know if I would use the word "afraid," 19 Q. So what were you afraid of exactly? 20 A. Can you be more specific? 21 Q. I'm saying you had a phone call with Mr. Bright 18 22 23 24 25 but. on the 28th. A. You're saying you now became afraid? I wouldn't say "afraid," but there was some aggression which was some cause for some concerns, yes. Q. What was the concern? Cara C. Massey, CSR 713-222-4956 110 1 2 A. I mean, that -- I mean, not only anything verbally, could be possible even, perhaps, physically. 3 Q. When would this physical happen? 4 A. I don't know. 5 Q. And so is that why you completely disengaged 6 7 from the family and didn't engage them for 22 days? A. Well, when the family -- 8 MR. SLATE: Objection. 9 THE COURT: It is a yes or no question. 10 A. Repeat the question. 11 Q. (BY MR. SLATE) Nonresponsive. Because of this aggression and 12 because of you being afraid, is that why you disengaged 13 the family for 22 days? 14 15 A. I wouldn't say being afraid, but to some degree. 16 Q. 17 right? 18 A. Correct. 19 Q. Are there any Impact notes where you noted your 20 You have a system at TDFPS called "Impact," fear of the Brights on August 28th? 21 A. No. 22 Q. And you know that I've sent you and the agency 23 and each of the people involved in this case what's 24 known as a spoliation notice. 25 A. You received that, right? Yes, sir. Cara C. Massey, CSR 713-222-4956 111 1 2 Q. And the spoliation notice told you not to make any changes to any Impact reports, right? 3 A. Correct. 4 Q. Did you make any since we sent you that notice? 5 A. No. 6 Q. So when we get those Impact notes, we pull them 7 and look at them, are there going to be any entries that 8 talk about how afraid you were of Dillon Bright to alert 9 anyone else who might take over this case or be involved 10 in this case, the aggressions that you were afraid of? 11 A. No, sir. 12 Q. Why? 13 A. You asked me did I go back? 14 Q. Are there any in there? 15 16 17 Did you put one in there on August 28th? A. I documented August 28th, but, no, I did not specify about being fearful, as you say. 18 Q. What does the August 28th entry say? 19 A. Says that Dad didn't want to cooperate with our 20 agency. 21 Q. That's all it says? 22 A. Dad expressed in the beginning about the 23 hardship, about not being satisfied with the change of 24 the PCSP and he was no longer going to cooperate. 25 Q. What did you take that to mean? Cara C. Massey, CSR 713-222-4956 112 1 A. Leave me alone. 2 Q. You staffed it with your supervisor, right? 3 A. Uh-huh. 4 Q. Several times, you said, right? 5 A. Yes. 6 Q. Each time, were you just saying he doesn't want 7 I don't want to be bothered. to be bothered? 8 A. No. 9 Q. What were you saying? 10 A. I mean, basically, I should've reengaged them. 11 12 MR. SLATE: Nonresponsive. 13 14 THE COURT: The question was: MR. SLATE: To his supervisor in his staffing, Judge. 17 THE COURT: 18 Just listen to the question. 19 What were you saying? 15 16 Objection, Your Honor. Q. (BY MR. SLATE) All right. In the several staffings that 20 you had with your supervisor after August 28th, what 21 were you saying to her each time you brought up the 22 Bright case? 23 24 25 A. That Mr. Bright informed us that he was no longer going to cooperate with the agency. Q. And what is your -- you and your supervisor's Cara C. Massey, CSR 713-222-4956 113 1 standard operating procedure for people who tell you 2 they are no longer going to cooperate with the agency? 3 A. Reengage, try to reengage the family. 4 Q. When? 5 A. I mean -- 6 MR. NGUYEN: Objection. Vague, Your Honor. 7 He asked what the normal procedure was -- first 8 question -- and then he asked when. 9 follow that. 10 11 THE COURT: MR. SLATE: 13 operating, Judge. 14 them to reengage? 16 17 18 19 20 You mean when in this case or when in general do they -- 12 15 I don't quite Q. I'm still on the standard Just when? (BY MR. SLATE) When is the standard for What is the standard for you to reengage? A. Typically, you would want to try to do it immediately. Q. So you broke the standard procedure in this case? 21 A. 22 it better. 23 Q. So the answer is, yes, you broke the standard? 24 A. Yes. 25 Q. Did -- what was the reason for coming down here And I said that earlier, that I could've done Cara C. Massey, CSR 713-222-4956 114 1 on September 19th seeking emergency removal of the 2 children? 3 A. The reason? Because at that point, I found out 4 that the children were back at the Bright's residence, 5 violation of a parental child safety placement in which, 6 at that point, I did notify my supervisor. 7 Q. You said you had already notified her back on 8 August 28th when you were first told that the Brights 9 were no longer going to comply with the PCSP, right? 10 MR. NGUYEN: 11 think that mischaracterizes testimony. 12 father would not cooperate with the department, not that 13 the children were returned back home. 14 THE COURT: Objection, Your Honor. I He said that the The question was whether he 15 said it or not, and he can answer, yes, he said it; no, 16 he didn't say it; I don't remember. 17 anyone is asking a question that misstates something is 18 not necessarily a proper objection, so that's overruled. 19 But suggesting that Please answer. 20 A. Okay. 21 Q. (BY MR. SLATE) I'm sorry, can you repeat that? You've already told us that you 22 told your supervisor back on August 28th when Mr. Bright 23 said he was no longer going to comply with the PCSP? 24 A. Yes. 25 Q. So why are you just now staffing it on Cara C. Massey, CSR 713-222-4956 115 1 2 September 19th with her? A. Well, I mean, on the 18th, I did reach out to 3 Melissa just so see how they were doing, how things were 4 going, to try to reengage. 5 that's when I found out that the children were back in 6 their residence. 7 8 Q. And that's -- at that point, Where did you think the kids had been up until that day? 9 A. Perhaps, maybe, still with Missy. 10 Q. What do you mean "perhaps"? 11 A. Possibility. 12 Q. What's the other possibility? 13 A. That they could've returned home. 14 Q. So you're saying you weren't sure that they're 15 at Missy Frazier's house from August 28th through 16 September 18th? 17 18 A. I had no -- at that point, I didn't know that they were back in the Bright's residence. 19 Q. Sir? 20 A. I didn't know that. 21 Q. When you came up here and testified under oath 22 on September 19th in front of Brian Fisher sitting in 23 place of Judge Schneider, did you or did you not testify 24 that the current placement, the Fraziers, were no longer 25 interested in keeping the kids? Cara C. Massey, CSR 713-222-4956 116 1 A. No. 2 Q. That's not in the record? 3 A. I didn't say that. 4 Q. What did you say? 5 A. I never said that they were -- I don't recall 6 saying that. 7 Q. You might have said it? 8 A. The Fraziers never told me that. 9 Q. That's not what I asked you, sir. 10 11 have said it? A. No, I didn't say it. 12 MR. NGUYEN: 13 THE COURT: 14 You might Q. (BY MR. SLATE) Objection. Argumentative. Overruled. What did you tell the Court in 15 regards to the current PCSP where you thought the 16 children were; why they couldn't just stay there? 17 A. I plead the Fifth. 18 Q. Now, you testified you did not tell Mr. Bright 19 or Mrs. Bright about you coming down here to court on 20 September 19th, right? 21 A. Correct. 22 Q. And you've heard your own voice on the tape 23 yesterday explaining why you didn't do that? 24 A. Yes. 25 Q. In your own voice, you said, one, because of Cara C. Massey, CSR 713-222-4956 117 1 disgruntledness, right? 2 A. Yes. 3 Q. What's that mean? 4 A. That means unhappy. 5 Q. So what was going to be unhappy or unpleasant? 6 A. The Brights. 7 Q. So that's a reason for you to come down here That means unpleasant. 8 and seek removal of their children without telling them 9 because they might be unhappy about it? 10 A. 11 caution. 12 well. No, sir. We have to err on the side of I mean, notifying them may have been a risk as 13 Q. A risk for who? 14 A. A risk for the family to leave town. 15 Q. If you tell them that you're coming down here 16 to Court, you think the Brights were going to leave 17 town? 18 A. Err on the side of caution. 19 Q. You heard them come in and talk about how they 20 have over 50 family members in this area. 21 A. Uh-huh. 22 Q. Right? 23 A. Yes. 24 Q. And you're -- are you under oath right now 25 saying you had a concern that the Brights would pick up Cara C. Massey, CSR 713-222-4956 118 1 their kids and run with them if you told them you were 2 coming to court? 3 A. That's a possibility. 4 Q. Why didn't you run out there and get the kids 5 first if you really thought that? 6 A. Because we came to court first. 7 Q. Sir, you had -- you have the ability. It's 8 in -- you know what the CPS handbook is; caseworker 9 handbook? 10 A. Yes. 11 Q. You ever read a copy of it? 12 A. Some of it, yes, sir. 13 Q. You ever read the investigations part of it? 14 A. Yes. 15 Q. You ever read that part that tells you about 16 the different kind of orders that CPS can do with 17 different kind of removals? 18 A. Yes. 19 Q. You have the ability to come down here and grab 20 a child without getting an order, right? 21 A. Notice of removal, yes, sir. 22 Q. Just going and getting them and then coming to 23 court the next day, right? 24 A. Yes. 25 Q. You can do that if you think they are going to Cara C. Massey, CSR 713-222-4956 119 1 run with the kids, right? 2 to wait until the court, right? You think there is no ability 3 A. Right. 4 Q. You didn't think that in this case, right? 5 Right? 6 A. It was an emergency -- 7 Q. You didn't think you needed to run and get them 8 real quick because the Brights were going to go, right? 9 10 This was an emergency prior to. MR. NGUYEN: Objection. Asked and answered. 11 MR. SLATE: He hasn't answered it yet. 12 THE COURT: No. 13 Q. (BY MR. SLATE) Please answer. You didn't seek out the removal 14 without a court order, which is one of the things you 15 can do when you think people are going to run in this 16 case, did you? 17 A. No. 18 Q. So tell me all of the facts as you knew them on 19 September 19th that led you to believe that the Brights 20 would run if they knew you were coming to court first? 21 A. I can't name any. 22 THE COURT: 23 THE WITNESS: 24 25 Q. (BY MR. SLATE) You say "many" or "any"? Any. So then the next thing you said was a reason for not telling the Brights that you were Cara C. Massey, CSR 713-222-4956 120 1 going to come down here and impinge on their 2 constitutional rights was that the law doesn't require 3 you to? 4 A. Yes. 5 Q. Is that a principle or guidance for you? 6 7 Law doesn't require you to do something, you don't do it? A. Well, from my understanding, it was an 8 emergency prior to removal, so the order that I received 9 that day was the notice. 10 Q. What's the emergency that day? 11 A. The emergency was the breakdown of the parental 12 child safety placement and the children back in the 13 hands of the alleged perpetrator. 14 15 Q. On September 19th, 2018, how long did you believe the children had been with Mr. and Mrs. Bright? 16 A. September 19th -- I knew on the 18th. 17 Q. I'm asking you, at that time, how long did you 18 believe the kids had been with them? 19 20 MR. NGUYEN: and answered. Objection, Your Honor. He just said since September 18th. 21 THE COURT: 22 Listen to the question and answer. 23 A. I don't know. 24 Q. (BY MR. SLATE) 25 Asked Overruled. Why did you think it was an emergency that day, then? Cara C. Massey, CSR 713-222-4956 121 1 2 3 4 5 A. Because on the 18th, Melissa had informed me that the children were back at the residence. Q. It was at least possible they've been there since August 28th? A. Uh-huh. 6 MR. NGUYEN: 7 THE COURT: 8 Speculation. As to whether it's possible, that's overruled. 9 10 Objection. Please answer. Q. (BY MR. SLATE) So when you came down here and 11 told the Court it was an emergency, you had no proof it 12 was an emergency, right? 13 A. Yes. 14 Q. What proof did you have? 15 A. The children were back in the home of the 16 alleged perpetrator; and from what we got from our 17 medical team, it was a high possibility that abuse had 18 occurred in the situation and we have small, underage 19 children that cannot protect themselves. 20 Q. Who was the perpetrator? 21 A. Melissa. 22 Q. So not Dillon? 23 A. No. 24 Q. Well, then why didn't you have this thing filed 25 He's not listed as an alleged perpetrator. as a request to have Melissa move out of the house and Cara C. Massey, CSR 713-222-4956 122 1 2 the children to stay with Dillon? A. Well, during the beginning stage of the 3 investigations, we didn't consider that or staff that to 4 be an option during that time. 5 6 7 8 9 Q. Why impinge on Dillon Bright's rights when you have no evidence he's a perpetrator? A. And, one, we have an unexplained injury, so we don't know who caused this injury. Q. So any time there is an unexplained injury, 10 whoever it is that's responsible for the children's care 11 at that time is likely to have caused the injury; is 12 that the official CPS position? 13 A. It's alleged. 14 Q. Okay. So it's alleged. But that would mean 15 that whoever it is that has control over the children at 16 the time that the unexplained injury happens should not 17 be allowed to be around the kids unsupervised? 18 A. Right. 19 Q. Was Charlotte injured while in CPS care? 20 A. Yes. 21 Q. Custody of CPS, she was injured, wasn't she? 22 A. Yes. 23 Q. Big gash on her eye, right? 24 A. Yes, sir. 25 Q. Black eye, right? Cara C. Massey, CSR 713-222-4956 123 1 A. Yes. 2 Q. Well, how did that happen with certainty, sir? 3 MR. NGUYEN: 4 speculation. 5 injured. 6 7 10 11 Objection. Calls for He wasn't there when the child got THE COURT: Do you know how the child got injured? 8 9 I'm looking at it. THE WITNESS: Yes, from the foster parent. She informed me that the child fell out of the bed. Q. (BY MR. SLATE) Are you sure about this? Did you investigate it? 12 A. I spoke to the foster mom about it, yes. 13 Q. Did you immediately remove all of the children 14 from the foster home so you could take precautions to 15 ensure that the children were safe from this foster 16 home? 17 A. No. 18 Q. For this unexplained injury? 19 A. No. 20 Q. Was the person -- were they an eyewitness to 21 the child falling out of the bed? 22 A. The foster mom? 23 Q. Well then how do we really know that that's No. 24 what it was? 25 the bed and that's how I hurt my eye"? Did Charlotte, did she say, "I fell out of Cara C. Massey, CSR 713-222-4956 124 1 A. She didn't say. 2 Q. So she's a young child who can't explain her 3 injury, right? 4 A. Correct. 5 Q. And we have an injury that no one can really 6 say for sure how it happened? 7 A. Yes. 8 Q. And CPS didn't treat this foster mom the same 9 way they treated the Brights? 10 A. That was an incident -- 11 Q. Yes or no? 12 A. Not to my knowledge. 13 Q. If CPS had legal care and custody of the kids 14 at that time, should we now keep CPS from having any 15 contact with the Bright children to protect the Bright 16 children? 17 18 19 A. I mean, this injury to Charlotte, I had no idea. Q. Sir, you and your supervisor and your program 20 director and your program administrator have custody of 21 these children right now, don't they? 22 A. Yes. 23 Q. And yet this child was injured in y'all's care, 24 wasn't she? 25 A. Yes. Cara C. Massey, CSR 713-222-4956 125 1 Q. And you can't tell me how it happened, can you? 2 A. According to the foster mom, the child fell out 3 of bed. 4 THE COURT: I think his question is -- 5 correct me if I'm wrong -- is that you don't have 6 personal knowledge of how the child was actually 7 injured; you just know the child is injured; is that 8 correct? 9 10 11 12 THE WITNESS: Yes. Not firsthand knowledge, but, yes, sir, from what I was told. Q. (BY MR. SLATE) around these children? Why should you be allowed How I do protect them from you? 13 A. I didn't do anything to hurt them. 14 Q. That's the same thing the Brights have said, 15 right? 16 A. Yes. 17 Q. But we don't believe them, right? 18 A. I've never said I didn't believe her. 19 Q. You came down here and sought an affidavit 20 21 saying you didn't believe them, right? A. 22 Because they violated the PCSP. THE COURT: Sir, that's a yes or no 23 question. 24 because you didn't believe them," correct or not 25 correct? "You came down here and sought custody Cara C. Massey, CSR 713-222-4956 126 1 2 A. I believe there was a high possibility that abuse has occurred, yes. 3 Q. (BY MR. SLATE) 4 A. The alleged perpetrator. 5 Q. Who? 6 A. Melissa Bright. 7 Q. That's just because she can't explain the 8 Caused by who? second injury? 9 A. That's what she was telling us, she can't 10 explain it. 11 Q. So you heard yesterday Dr. Sarpong say if 12 Melissa Bright had come in and lied about how -- about 13 the child falling down a week before, that that would 14 explain the second injury and we wouldn't be here right 15 now. You heard him say that, right? 16 A. Yes. 17 Q. So essentially, because Melissa Bright was 18 honest, we're here right now, right? 19 A. That's what it seems to be, yes. 20 Q. Because she can't explain, but yet you're 21 saying that she's being dishonest because you believe 22 she did do it? 23 A. I'm saying there is a chance. 24 Q. And you want to take people's children away on 25 a chance? Cara C. Massey, CSR 713-222-4956 127 1 A. I'm not saying that. 2 Q. Well, you did. You came down here and stood in 3 front of the judge and swore under oath that based on a 4 chance, I want to take this lady's children away? 5 6 A. No. I mean, at that time, we had, again, a high probability that abuse had occurred. 7 Q. Who told you that? 8 A. It's in the medical. 9 Q. You heard the doctor get on the stand and say 10 that all she had to do was lie, and the whole thing was 11 being based upon her not be able to provide a history. 12 You heard him say that, right? 13 A. Yes. 14 Q. Do you think that if you had just called him up 15 and spent 20 minutes on the phone with Dr. Sarpong, that 16 you could've cleared all that up before you came down 17 here and filed to remove these people's children? 18 A. Well. 19 Q. Yes or no? 20 A. No. 21 Q. You don't think you could've cleared it up? 22 A. No. 23 Q. The original safety plan that was done in this 24 case would have allowed the children to remain in their 25 home and their parents to remain with them and they just Cara C. Massey, CSR 713-222-4956 128 1 had to be supervised, but the parents could've stayed 2 all night, right? 3 A. Yes. 4 Q. And this was changed ultimately by your 5 supervisor and Ms. Edwards, right? 6 A. Yes. 7 Q. She made that decision? 8 A. Yes. 9 Q. Did she tell you why she made it? 10 A. Yes. She made it based on further information 11 regarding maternal grandmother, some out-of-state CPS 12 history, and also that other results had come in during 13 that time as to why it was changed from a safety plan to 14 a parental child safety placement. 15 Q. What did she tell you as far as why it would've 16 been now unsafe for the kids to have their parents stay 17 overnight with them? 18 19 MR. NGUYEN: He subpoenaed the witness. 20 MR. SLATE: 21 the agency. 22 opponent. 23 Objection. Calls for hearsay. He can ask her. I think they work together in They are all one party and they're all my THE COURT: And it also goes to whether -- 24 even if not for the truth of the matter asserted -- as 25 to the reasonableness of the actions of FPS, so that's Cara C. Massey, CSR 713-222-4956 129 1 overruled. 2 Please answer. 3 A. So your question? 4 Q. (BY MR. SLATE) What reasons, if any, did your 5 supervisor give for not wanting the parents to be able 6 to stay overnight? 7 made it so that they couldn't stay overnight with the 8 children? 9 A. What was it that has changed that Well, it was further discovered that the 10 maternal grandmother had some out-of-state CPS history, 11 and also that some further testing that came in. 12 just like myself, my supervisor has been in contact with 13 the social worker which also explained to her that there 14 was a high possibility of abuse. 15 Q. What was the difference between -- let's say, 16 for instance, Mr. Bright. 17 overnight with his children? 18 19 20 A. And Why could he have not stayed Because, again, we don't -- we have an unexplained injury. Q. We're going to have monitors there, whether 21 it's Ms. Virrell or Ms. Frazier or Ms. Jester. 22 Someone's going to be a safety monitor, right? 23 A. Yes. 24 Q. So what was it specifically that went through 25 you and your supervisor's minds as far as y'all having Cara C. Massey, CSR 713-222-4956 130 1 these discussions about, Hey, we got to protect the kids 2 and the best way to do that is make sure the parents 3 don't sleep overnight? 4 A. Don't have an answer. 5 Q. Was it considered? 6 A. Was it considered? 7 night? 8 Q. Right. 9 A. I can't recall. 10 Q. Was it considered for Mom to spend the night? 11 A. Initially. 12 Q. Well, when it changed, was it completely About Dad spending the With the initial safety plan, yes. 13 because there was this unexplained second injury? 14 that why Mom couldn't stay overnight? Is 15 A. Primarily, yes. 16 Q. So was there a discussion at all about the fact 17 that mother breastfed? 18 A. I don't recall having that conversation with 20 Q. Did you have it with your supervisor? 21 A. I don't recall. 22 Q. Did you have it at the family team meeting? 23 A. We may have. 24 Q. And so was it ever a concern of yours that this 19 25 Mom. child would need his mother's breast milk? Cara C. Massey, CSR 713-222-4956 131 1 A. Yes. 2 Q. Okay. Well, what were you -- what was your 3 plan or your supervisor's plan to eliminate that 4 concern? 5 A. Well, for the parental child safety placement, 6 Mom could come in and out of the house. 7 spend the night. 8 her the opportunity to breastfeed. 9 10 11 Q. She couldn't So during those times, that would give Well, what was it that made Mom more dangerous at night and less dangerous in the day? A. A part of our parental child safety plan 12 placement is that parents are not allowed to spend the 13 night at the residence; and during any daytime visits, 14 they are supervised visits. 15 16 MS. PROFFITT: Your Honor, I'm going to object as nonresponsive. 17 THE COURT: 18 Listen to the question. 19 20 Q. (BY MR. SLATE) Yeah. What made Mom more dangerous at night and less dangerous in the day? 21 A. I don't know. 22 Q. And was it talked about that there could be 23 harm to the child to not receive breast milk? 24 A. I believe she may have mentioned something. 25 Q. Was it talked about amongst you and the other Cara C. Massey, CSR 713-222-4956 132 1 2 3 4 members of your team at TDFPS? A. That may have been brought up during the family team meeting. Q. Was it brought up that this child had special 5 needs -- when I say "this child"; Mason -- had special 6 needs in regards to pressure being built up into his 7 skull? 8 A. You asking me a question? 9 Q. Yeah. 10 A. Yes. 11 Q. Who was it brought up by? 12 A. By Mom. 13 Q. Did you staff it with your supervisor and I'm asking you if it was brought up? 14 program director that this child had special needs 15 regarding his -- the pressure that gets built up in his 16 skull? 17 A. 18 19 20 Right. It was discussed at the family team meeting. Q. Was it discussed in a staffing with you, your supervisor and your program director? 21 A. Perhaps, with me and my supervisor. 22 Q. Did y'all staff it to say that there is a 23 concern that this child cannot get upset and start 24 crying or could cause injury to himself? 25 A. That may have been a conversation between my Cara C. Massey, CSR 713-222-4956 133 1 supervisor and the program director, but not with me and 2 me supervisor. 3 Q. Never talked about it? 4 A. I don't think so. 5 Q. Sir, the way that CPS is set up, you're kind of 6 at the lowest level, right? 7 worker? You're the investigative 8 A. Yes. 9 Q. You're the boots on the ground, so to speak? 10 A. Yes. 11 Q. You're the one who he is supposed to go out and 12 gather information and provide it to highers to make 13 decisions, right? 14 A. Yes. 15 Q. So when you gathered up this information, 16 you're saying you never had a discussion with your 17 supervisor about the importance of protecting this 18 little child? 19 20 A. supervisor as well about some of the needs regarding -- 21 22 25 MR. SLATE: Objection. Nonresponsive, THE COURT: That's sustained. Judge. 23 24 Well, Ms. Bright had been in contact with my Q. (BY MR. SLATE) Sir, you're saying you didn't have a conversation with your supervisor after doing Cara C. Massey, CSR 713-222-4956 134 1 your investigation and gathering the information that 2 this child might be in danger if he gets upset and 3 starts crying too much? 4 A. I mean, we -- she knew that, yes. 5 Q. Did you have a conversation with her about it? 6 A. Yes. 7 Q. Okay. So when you had that conversation, did 8 you do any followup to say, Hey, we need to make sure we 9 protect this child. We need to do the best by this 10 child? 11 A. Yes. 12 Q. What was your best? 13 A. To keep the child in a stable environment at 14 the Frazier's residence. 15 child's medical needs. 16 appointments. Ms. Frazier knew about the She knew about doctor's 17 Q. 18 right? 19 A. Correct. 20 Q. In the family team meeting, Ms. Frazier told 21 Ms. Frazier attended the family team meeting, you that she needed help, right? 22 A. I don't recall. 23 Q. You don't what? 24 A. I don't recall. 25 Q. Do you recall at all Ms. Frazier voicing that Cara C. Massey, CSR 713-222-4956 135 1 she was having problems with sleep exhaustion because 2 she had to continually get up with Mason in the middle 3 of the night? 4 MR. NGUYEN: 5 MR. SLATE: Objection. Calls for hearsay. Offering it for truth of the 6 matter asserted, Judge, as to whether he got notice that 7 was an issue. 8 9 THE COURT: For that limited purpose, I'll allow it. 10 A. I don't recall. 11 Q. (BY MR. SLATE) I'm going to point your 12 attention to Exhibit No. 36. 13 meeting about 18 minutes, 53 seconds -- 57 seconds. 14 15 16 17 18 (Respondent Mother's Exhibit No. 36 published to the Court) Q. (BY MR. SLATE) 21 You recognize that to be Ms. Frazier's voice, right? A. That sounds like Ms. Frazier, yes. 19 20 This is the family team (Respondent Mother's Exhibit No. 36 published to the Court) Q. (BY MR. SLATE) So, Mr. Jones, it was real 22 clear at that meeting from Ms. Frazier she needed help. 23 She wanted and requested that y'all do the change to the 24 Jesters, right? 25 A. Yes. Cara C. Massey, CSR 713-222-4956 136 1 Q. And so you're saying today that even though you 2 heard that woman say it was getting hard, that this 3 child needs constant attention and he wakes up 17, 21 4 times a night, that you thought the kids just staying 5 at -- the kids are just staying over there at the 6 Fraziers and we don't even do anything. 7 handled it? 8 A. No. 9 Q. Well, what you're trying to tell us today is That's how you 10 that from August 28th through September 18th, you had no 11 contact with the Fraziers or the Brights, right? 12 A. Correct. 13 Q. And that you just thought the entire time the 14 kids are still over at the Frazier's house, right? 15 A. Possibility, yes. 16 Q. Well, sir, when we look over here at the text 17 message thing between you and Melissa Bright, we notice 18 that there are -- starting here, from August 15th -- 19 almost daily communication between you and Ms. Bright, 20 right? 21 A. Yes. 22 Q. That's -- August 15th is the day after y'all 23 had the family team meeting? 24 A. Yes. 25 Q. And almost daily, Mrs. Bright is sitting here Cara C. Massey, CSR 713-222-4956 137 1 saying -- giving you information about the child and 2 also talking about wanting to know when the PCSP was 3 going to be approved, right? 4 A. Correct. 5 Q. It was supposed to be approved according to the 6 family team meeting documents on Friday, August 17th, 7 right? 8 A. Yes. 9 Q. Every time you then send requests of how the 10 kids are doing, Ms. Bright replies to you, right? 11 A. Yes. 12 Q. We look page 4 of Exhibit 15. She's continuing 13 to explain to you in detail what's going on with Mason, 14 right? 15 A. Yes. 16 Q. You knew the entire time from the 14th of 17 August until the 22nd of August he had been in the 18 hospital, correct? 19 A. Correct. 20 Q. And daily, they are asking you about when the 21 PCSP is going to be approved, correct? 22 A. Correct. 23 Q. Then it goes through here. We're on now 24 August 23rd. 25 on August 22nd, getting out of the hospital, right? This is the day they were getting out -- Cara C. Massey, CSR 713-222-4956 138 1 A. Yes. 2 Q. And here is when you've heard the testimony 3 that they were telling you, Hey, we really need to be 4 able to leave the hospital and go to the Jester's house, 5 correct? 6 A. Correct. 7 Q. And you tell them, "Okay, that should be fine"? 8 A. Yes. 9 Q. Now, since then, you have kind of decided -- or 10 you've kind of explained that this right here -- that 11 "okay, that should be fine," -- was not you telling them 12 that they could go to the Jesters, just that it could be 13 okay, but you didn't know, right? 14 A. Yes. 15 Q. Can you look at that and see any way, shape or 16 form that the Brights thought that you were giving them 17 permission to begin the PCSP at the Jesters? 18 A. I don't know because I said "should" be fine. 19 Q. That's not what I asked you, sir. Can you look 20 at it and see from their point of view where they 21 thought that's you telling them -- 22 MR. NGUYEN: 23 Judge. 24 their point of view. 25 Objection. Speculation, He's asking to speculate what's coming from THE COURT: The question is: Cara C. Massey, CSR 713-222-4956 Can you look 139 1 at it from their point of view? 2 I'll allow it. 3 A. No. 4 Q. (BY MR. SLATE) No, that's overruled. So there is no way you see it 5 whatsoever as permission from you, as a representative 6 of the Agency, that they could start the PCSP with the 7 Jesters? 8 A. Correct. 9 Q. Then here you tell them: "We did consult with 10 legal and we do not have grounds for removal, but we do 11 have to offer you services. 12 to work services through family based," right? Would you guys be willing 13 A. Yes. 14 Q. Why did you tell her that? 15 A. Because I tried to be transparent with the 16 family since they want me to give them any updates that 17 I would've had at that time, that moment. 18 19 Q. So at this point in time, there weren't grounds to say that these kids needed to be removed, right? 20 A. Yes. 21 Q. And at that point in time, CPS knew about both 22 skull fractures? 23 A. Yes. 24 Q. Knew about the brain bleed? 25 A. Yes. Cara C. Massey, CSR 713-222-4956 140 1 Q. Knew about the hematology reports? 2 A. No. 3 Q. This is August 22nd, sir? 4 A. Hematology reports? 5 Q. You were handed them at the family team meeting 6 meet on August 14th, correct? 7 A. Yes. 8 Q. You knew about them? 9 A. Yes. 10 Q. Knew about the results of the skeletal surveys 11 done on both kids? 12 A. Yes. 13 Q. Knew about the blood in the eyes? 14 A. Yes, sir. 15 Q. After all that, still didn't have grounds to 16 remove? 17 A. Yes. 18 Q. After this text message was sent and there 19 weren't grounds to remove, the only thing that you say 20 changed was you found out the PCSP was violated? 21 A. Yes. 22 Q. That's the reason you filed the emergency, 23 totally, right? 24 A. No. 25 Q. Here you're asking: "Will you guys be willing Cara C. Massey, CSR 713-222-4956 141 1 to work through family based"? 2 A. Yes. 3 Q. And Mrs. Bright calls you on the phone after 4 this text message, doesn't she? 5 A. Yes, I believe there was a conversation. 6 Q. And she told you, "Yes, we'll work services"? 7 A. Yes. 8 Q. Then we go to August 23rd. She's now 9 explaining to you that she's talking about the fact that 10 you had called them while they were on the road and told 11 them that they could not go to the Jesters, correct? 12 A. Yes. 13 Q. Why did you do that? 14 A. Well, because -- just to reiterate to them that 15 we didn't have an approval. 16 my supervisor to talk to them and explain to them that 17 we had not received an approval for the placement. 18 Q. That same day, I even had At this point in time, do you feel any sense of 19 urgency on August 22nd to make sure that this case is 20 put in front of your program director's face? 21 A. 22 23 MR. SLATE: Objection, Your Honor. Nonresponsive. 24 25 It's my job to get it to my supervisor. THE COURT: Q. (BY MR. SLATE) Listen to the question. Did you feel any sense of Cara C. Massey, CSR 713-222-4956 142 1 urgency, knowing this child was getting released from 2 the hospital for brain surgery, to get this case put in 3 front of your program director's face? 4 A. No. 5 Q. Don't you think that it would be a good idea to 6 make sure that this child was going to the place that 7 everyone wanted him to go to on the day he got released 8 from surgery? 9 A. Yes. 10 Q. The place that you and your supervisor had 11 already, yourselves, approved on the home study 12 yourselves, right? 13 A. We didn't approve. 14 Q. Well, why did you write it in the family team 15 meeting that it was going to happen on a certain date, 16 pending PD approval? 17 A. I didn't write it. 18 Q. Did you sign off on it? 19 A. Yes. 20 Q. Why did you sign it if you didn't agree with 22 A. Again, it was contingent upon the PD approval. 23 Q. Do you sign a lot of things you don't agree 21 24 25 it? with? MR. NGUYEN: Objection. Cara C. Massey, CSR Argumentative. 713-222-4956 143 1 THE COURT: Overruled. 2 A. No, sir. 3 Q. (BY MR. SLATE) 4 A. No. 5 Q. So when kids get out and then are partially Just the family team meeting? 6 away from the hospital towards the Jester, you make that 7 call and tell them what? 8 A. That we still don't have an approval. 9 Q. Why didn't you have an approval? 10 A. Because there is a chain of command that we 11 have to follow. 12 Q. Why didn't you have an approval? 13 A. I don't know. 14 Q. Where was the PD? 15 A. I believe PD was in training during that time. 16 Q. When did the PD go to training? 17 A. I don't really remember. 18 Q. We're on August 22nd -- 19 A. Okay. 20 Q. -- and you had made the agreement in the family 21 team meeting on August 14th to get PD approval, right? 22 A. Yes. 23 Q. Your PD approval deadline was August 17th, 24 right? 25 A. Yes. Cara C. Massey, CSR 713-222-4956 144 1 2 Q. Are you testifying that the PD was out of town from August 14th to August 22nd? 3 A. I don't know if she was out of town. 4 Q. Was she out of town for training or was she in 5 town for training? 6 A. I don't know. 7 Q. Who told you that? 8 A. My supervisor. 9 Q. You never verified it? 10 A. No. 11 Q. You've been telling everyone like it's true, 12 I just know she was in training. but you don't know? 13 A. From my supervisor. 14 Q. Do you believe this was your supervisor's fault 15 for not making sure this happened? 16 MR. NGUYEN: 17 THE COURT: 18 A. No. 19 Q. (BY MR. SLATE) 20 21 22 23 24 25 Objection. Argumentative. Overruled. Why? Whose fault is it if the PD doesn't approve? A. The concern was for -MR. SLATE: Objection, Your Honor. Nonresponsive. THE COURT: The question is: is it if the PD didn't approve? Cara C. Massey, CSR 713-222-4956 Whose fault 145 1 A. Nobody's. 2 Q. (BY MR. SLATE) 3 A. Nobody's fault. 4 Q. Nobody at CPS takes responsibility for not Yours, Ms. Edwards or the PD's? 5 following through with the family team meeting 6 paperwork? 7 MR. NGUYEN: 8 THE COURT: 9 Please answer. 10 A. MR. SLATE: That's overruled. Objection, Your Honor. Nonresponsive. 13 14 Argumentative. I was hopeful -- 11 12 Objection. THE COURT: Q. (BY MR. SLATE) Listen to the question. Nobody takes responsibility for 15 not following through on the family team meeting 16 paperwork? 17 31, page 5. 18 A. I see it. 19 Q. Read that highlighted portion? 20 A. "The decision will be made by Friday, Look right there on the screen, Exhibit No. 21 August 17th, 2018, and the family will be notified. 22 change of residence will take place on Sunday 23 August 19th, 2018." 24 25 Q. Move it over to page 7. Whose signatures do you see down there as CPS staff? Cara C. Massey, CSR 713-222-4956 The 146 1 A. My supervisor and myself. 2 Q. So y'all signed off on it, right? 3 A. Yes, sir. 4 Q. Here it says at the top by your signature: 5 "We're indicating that we care about the issues 6 discussed in this document, that we have agreed to 7 assist and participate in some way to help resolve the 8 safety, risk and well-being issues for children 9 involved," right? 10 A. Yes. 11 Q. Do you believe that that statement applies to 12 you and your supervisor? 13 A. Yes, sir. 14 Q. So if y'all had made the agreement that that's 15 supposed to happen on the 17th and the move is supposed 16 to happen on the 19th, you agree with me that you and 17 your supervisor failed in that respect, right? 18 sir? Right, That decision was not made on August 17th, was it? 19 A. It was not. 20 Q. The family was not notified of a decision on 21 August 17th, was it? 22 A. No. 23 Q. That change of residence did not take place on 24 25 Sunday, August 19th, 2018? A. No. Cara C. Massey, CSR 713-222-4956 147 1 2 Q. Who is the only entity that has the authority to make those things happen? 3 A. Myself, my supervisor and program director. 4 Q. So of the three of y'all, who is responsible 5 for the failure of that not happening? 6 A. I don't know that I would call it a failure. 7 Q. I don't care what you call it. 8 it happen? 9 MR. NGUYEN: 10 THE COURT: 11 Objection. Who didn't make Sidebar. That's sustained as to sidebar. Q. (BY MR. SLATE) 13 A. The program director has the final approval. 14 Q. So it's the program director's fault, yes or 16 A. I'm not saying that. 17 Q. Who are you saying, sir? 18 A. What I'm saying is that it's her final 12 15 19 20 21 Who did not make it happen, sir? no? approval. Q. Whose fault is it that CPS didn't live up to what they agreed to to help and assist these children? 22 A. She has to approve it. 23 Q. I gave you three choices; you, Ms. Edwards or 24 your program director. 25 choose? Which of those three do you Cara C. Massey, CSR 713-222-4956 148 1 2 A. We didn't get a signature from the program director. 3 Q. It's your program director's fault? 4 A. I'm not saying it's her fault. 5 Q. Is it your fault? 6 A. I'm just saying -- 7 Q. Is it your fault? 8 A. No. 9 Q. Is it Ms. Edward's fault? 10 A. No. 11 Q. None of your fault? 12 A. No. 13 Q. You take no responsibility? 14 A. As far as my part -- 15 16 MR. SLATE: Objection, Your Honor. Nonresponsive. 17 THE COURT: 18 understand it, is: 19 not? Sir, the question, as I Are you taking responsibility or 20 A. No. 21 Q. (BY MR. SLATE) When we look here at the 22 parental child safety placement on page 2, that 23 placement, it's got some language here in the middle 24 about CPS duties, right? 25 A. Yes, sir. Cara C. Massey, CSR 713-222-4956 149 1 Q. Now, the part -- first off, what are the CPS 2 duties in this particular parental child safety 3 placement? 4 A. 5 6 "CPS will make contact with the family every ten days and provide services as needed." Q. Okay. Do you believe that CPS is required to 7 live up to its duties under a parental child safety 8 placement? 9 A. Yes. 10 Q. Do you believe that if CPS doesn't live up to 11 its duties, that it violates the parental child safety 12 placement? 13 A. No. 14 15 MR. NGUYEN: Objection, Your Honor. will call for a legal conclusion. 16 THE COURT: 17 Please answer. 18 A. No. 19 Q. (BY MR. SLATE) 20 That That's overruled. Do you believe that CPS can violate a parental child safety placement? 21 A. In terms of ten days, maybe ten days' contact. 22 Q. So I asked you: 23 Do you believe that CPS can violate a parental child safety placement, yes or no? 24 A. Yes. 25 Q. Do you believe CPS violated the parental child Cara C. Massey, CSR 713-222-4956 150 1 safety placement that you're looking at right now that 2 was done on the Bright case? 3 4 5 6 A. As far as duties that I didn't follow up with the family in ten days, yes. Q. So if CPS violates a parent child safety placement, is it really still in effect? 7 A. Yes. 8 Q. But just in effect as it applies to the 9 parents, then, right? 10 A. It applies to everyone. 11 Q. I mean, if CPS violates the parental child 12 safety placement, can the parents then just say we don't 13 want to do it if CPS doesn't want to do it? 14 A. They could say that. 15 Q. Right. 16 case. Because that's what happened in this CPS didn't do it, right? 17 A. Yes. 18 Q. CPS just ignored its duties, right? 19 A. I wouldn't say "ignored," but, no, yes. 20 Q. What do you mean you wouldn't say "ignored"? 21 A. Because I had already explained to you that Dad 22 said he wasn't cooperating. 23 want to cooperate -- 24 25 Q. I'm sorry. So when he said he didn't When I read: "CPS will make contact with the family every ten days and provide Cara C. Massey, CSR 713-222-4956 151 1 services as needed," what part of that says: 2 unless Dad said he won't cooperate"? "Except 3 A. It doesn't, but that's still his right. 4 Q. You didn't try to make any more contact, right? 5 A. Not at that point. 6 Q. Because on September 18th, when we looked at 7 those text messages you sent to Mrs. Bright, she 8 immediately replied? 9 A. Yes. 10 Q. And all you had to do to follow the plan would 11 be to have texted her or come and seen her or talked to 12 her, right? 13 A. I believe I did text her. 14 Q. What day? 15 A. On the 18th. 16 Q. Was that within ten days of your last contact? 17 A. No. 18 Q. So you violated it? 19 A. I didn't live up to my duty. 20 Q. You violated the plan, sir, right? 21 22 MR. NGUYEN: 25 Asked and answered. 23 24 Objection. THE COURT: That's overruled. The question was "violated," "not lived up to my duty." Q. (BY MR. SLATE) You violated the plan, right? Cara C. Massey, CSR 713-222-4956 152 1 A. Yes. 2 Q. Did you, when you came down here to court on 3 September 19th, inform the Court of your violation of 4 the parental child safety plan? 5 A. No. 6 Q. Why? 7 A. Didn't. 8 Q. You didn't think the Court should have the full 9 Why didn't you tell them? picture of what was going on in the case before you 10 asked the Court to give you an order to remove the 11 children? 12 A. I didn't think the Dad was going to cooperate. 13 Q. That's not what I asked you, sir. You didn't 14 think the judge needed to know the full picture before 15 signing an order removing someone's children from them; 16 is that what you thought? 17 A. 18 19 I mean, this -- I didn't -MR. SLATE: Objection, Your Honor. Nonresponsive. 20 THE COURT: Yeah, please listen to the 21 question and answer only what is asked and stop and wait 22 for the next question. 23 24 25 THE WITNESS: Q. (BY MR. SLATE) Okay. When you came up here, did you think that the judge needed the full picture of what's Cara C. Massey, CSR 713-222-4956 153 1 going on before signing an order removing these people's 2 children? 3 A. Yes. 4 Q. Especially since you decided not to tell the 5 people, the Brights, that you were coming down here, 6 right? 7 A. Yes. 8 Q. It would've been better for the judge to know, 9 since you weren't going to let the Brights speak for 10 themselves, that, "Hey, Judge. 11 plan first." 12 13 A. We, CPS, violated this That wasn't on my mind about this ten day contact. 14 Q. 15 right? So you didn't want the Court to know that, 16 MR. NGUYEN: Objection, Your Honor. 17 mischaracterizes his prior testimony. 18 his mind. 19 MS. PROFFITT: 20 MR. NGUYEN: 21 That He said it was on He said it "wasn't." Wasn't on his mind at the time. 22 THE COURT: 23 Q. 24 know that? 25 A. (BY MR. SLATE) He can answer the question. You didn't want the Court to No, not that I didn't want the Court to know. Cara C. Massey, CSR 713-222-4956 154 1 Q. Why didn't you tell them? 2 MR. NGUYEN: 3 answered. 4 mind at the time. Objection. He already answered that. 5 THE COURT: 6 Next question. 7 Q. (BY MR. SLATE) Asked and It wasn't on his That's sustained. So when you talk about the 8 third reason that you didn't tell the parents about 9 coming to court was that they were going to be 10 combative, right? 11 A. Yes. 12 Q. And you mean that when you came down here to 13 court, you'd be afraid for yourself here in the 14 courtroom? 15 A. Yes. 16 Q. You didn't think Deputy Hutchinson would be 17 able to protect you? 18 A. Yes. 19 Q. You did think? 20 A. Yes. 21 Q. But yet you were still so afraid of Melissa 22 Bright, Dillon Bright, that you didn't want them to be 23 able to tell the judge their side of the story when you 24 came down here? 25 A. No. Cara C. Massey, CSR 713-222-4956 155 1 2 Q. Why did you wait until after 5 o'clock to remove their children? 3 A. I was waiting on law enforcement. 4 Q. Sir, you text messaged the day before? 5 A. I did. 6 Q. And said you were coming after 5:00? 7 A. Right. 8 Q. Why did you wait until 5:00? 9 A. Well, that -- 10 11 MR. NGUYEN: answered. 14 15 THE COURT: well, all right. Q. Asked and He was waiting on law enforcement. 12 13 Objection. That's sustained. (BY MR. SLATE) enforcement? Well, the first question was -Next question. Sir, when did you contact law Did you do it on September 18th? 16 A. No. 17 Q. Did you hear from law enforcement on 18 September 18th that they wouldn't be available until 19 after 5 o'clock? 20 A. No. 21 Q. Then why did you set it for 5 o'clock? 22 A. To meet the family on the 18th, I set it for 23 5 o'clock because there were other cases that I had to 24 go on. 25 Q. And so at that time, we agreed to meet. Why did you get an order from this court and Cara C. Massey, CSR 713-222-4956 156 1 wait until they had no ability to contact the court or a 2 lawyer to come and help them before you removed? 3 A. Nothing was done maliciously. 4 5 MR. SLATE: 8 9 Objection, Your Honor. Nonresponsive. 6 7 I waited -- THE COURT: Yeah. Please listen to the question. Q. (BY MR. SLATE) Sir, you got that order about 12:30 in the afternoon, didn't you? 10 A. Roughly, yes, sir. 11 Q. You had it in your pocket for at least four and 12 a half hours before the courts close and businesses in 13 general close, right? 14 A. Yes. 15 Q. And you chose to wait until after when these 16 parents couldn't have gotten down here or contacted the 17 Court and gotten the Court to reconsider the removal, 18 right? 19 A. No. 20 Q. You didn't wait? 21 A. Yes, I did wait. 22 Q. You could've gone directly out to their house, 23 right? 24 A. Right. 25 Q. But you chose not to? Cara C. Massey, CSR 713-222-4956 157 1 A. That's yes, correct. 2 Q. And then when you say, "I was waiting on law 3 enforcement," you went to their house without law 4 enforcement? 5 A. Yes. 6 Q. So you weren't waiting on law enforcement? 7 A. Yes, I was. 8 Q. And then when you got there without law 9 10 enforcement with a removal order, did you get a bunch of combativeness? 11 A. Yes. 12 Q. You did? 13 A. No. 14 Q. You were mentally intimidated? 15 A. Verbally, parents with their voices. 16 Q. Is that a yes you were mentally intimidated? 17 A. Yes. 18 Q. Are you often mentally intimidated? You got physically intimidated? Probably mostly mentally. 19 MR. NGUYEN: 20 THE COURT: 21 Next question. 22 Actually, I'll tell you what, that's 23 Argumentative. Sustained. overruled. 24 25 Objection. Please answer. Q. (BY MR. SLATE) Are you often mentally Cara C. Massey, CSR 713-222-4956 158 1 intimidated? 2 A. In certain capacities, I would say yes. 3 Q. What are those capacities? 4 A. Being haggled, being -- 5 Q. When people might ask you questions, right? 6 When people might question your actions, right? 7 A. No. 8 Q. Are you mentally intimidated today? 9 A. No. 10 Q. So you're fine here with someone here asking 11 you these questions and being tough on you, right? 12 A. To a certain degree. 13 Q. But this doesn't mentally intimidate you, but 14 these sweet people here, the Brights, they mentally 15 intimidated you? 16 A. They were being aggressive. 17 Q. More than I am? 18 A. No. 19 Q. But I don't intimidate you? 20 A. Pled the Fifth. 21 Q. With what you know now as you sit here today, 22 you agree that as of the time you removed the children, 23 that they were not in danger with the Brights? 24 A. Do I believe? 25 Q. Do you believe now, as you sit here today, with Cara C. Massey, CSR 713-222-4956 159 1 everything you know today, that as of the day you 2 removed them, the children from the Brights, that they 3 were not actually in danger when you removed them? 4 A. Not when I removed them. 5 Q. They were not in danger? 6 A. They were -- when I went to the residence, they 7 8 9 10 appeared to be fine. Q. And so you agree with me right now there wasn't danger actually present in those children at the time of removal? 11 A. At the time, like I said -- 12 Q. Yes or no? 13 A. Yes. 14 Q. Yes, there was danger, or, no, there wasn't? 15 A. Yes, there was. 16 Q. What was the danger? 17 A. The child is back in the home of an alleged 18 perpetrator that could've caused the injury to this 19 child. 20 Q. The child cannot speak for themselves. As we sit here today, you believe that Melissa 21 Bright should not and cannot be around her children 22 unsupervised because she's a danger today; is that what 23 you're saying? 24 A. She appears to be motherly, yes. 25 Q. I'm asking you: Is she a danger? Cara C. Massey, CSR 713-222-4956 I mean -Is that your 160 1 belief today as we sit here that she cannot be around 2 her children unsupervised? 3 A. Well, because of the caused injury. 4 Q. When are you ever going to figure that out or 5 can Ms. Bright never be around her kids from this point 6 forward? 7 A. No, sir, I'm not saying that. 8 Q. When are you going to figure that out? 9 How much longer do you have to wait? 10 A. It's not just based on me. 11 Q. I'm asking your belief, sir? 12 A. I don't know. 13 Q. What is it that needs to happen, in your 14 opinion, for Mrs. Bright to be around her children 15 unsupervised? 16 A. I don't know. 17 Q. What is it that you thought was a danger then 18 that's changed from now? 19 A. A danger then? 20 Q. Because on September 19th, you knew that she 21 was a danger, right? 22 A. I knew the kids were back in the home. 23 Q. And today, you know she's a danger, right? 24 A. I can't say with certainty today. 25 Q. Well, you couldn't say it back then either, Cara C. Massey, CSR 713-222-4956 161 1 then, right? 2 A. No, but there was a high chance. 3 Q. Well, did you put in your affidavit anywhere 4 5 that you weren't certain she was a danger? A. Well, the children were back home. 6 7 MR. SLATE: Nonresponsive. 8 9 Objection, Your Honor. THE COURT: Q. (BY MR. SLATE) Please listen to the question. Did you put it in your 10 affidavit that you weren't certain the children were in 11 danger? 12 A. No. 13 Q. So what was the urgent need for protection on 14 15 September 19th for Mason and Charlotte Bright? A. Violation of parental child safety placement, 16 and the children were back in the care of an alleged 17 perpetrator as to there is an unexplained injury to this 18 child that cannot protect themselves. 19 20 Q. Do you think that CPS should remove children based upon what ifs or maybes or possibilities? 21 A. No. 22 Q. But that's what they did in this case, right? 23 Maybe Melissa Bright harmed her child; it's possible 24 Melissa Bright harmed her child, right? 25 A. Yes. Cara C. Massey, CSR 713-222-4956 162 1 Q. There is no certainties, right? 2 A. Right. 3 Q. So we shouldn't have removed them from Melissa 4 Bright based on possibilities and maybes, right? 5 A. Plead the Fifth. 6 Q. We did remove them on possibilities and maybes, 7 didn't we? 8 9 MR. NGUYEN: Asked and answered. 10 THE COURT: 11 A. Plead the Fifth. 12 Q. (BY MR. SLATE) 13 Objection. Different question. Who did you staff removing the Bright children with? 14 A. My supervisor. 15 Q. Did you have any direct involvement with your 16 program director on this removal? 17 A. Not on the 19th, no, sir. 18 Q. When did you have contact with your program 19 director? 20 everyone? Two days later when I started emailing 21 A. Perhaps, roundabout. 22 Q. Why didn't you leave a notice of removal when 23 24 25 you removed the children on September 19th? A. Because I had a court order notice that served as a notice of removal. Cara C. Massey, CSR 713-222-4956 163 1 2 Q. Did you give a copy of the court order to the parents? 3 A. No. 4 Q. So you didn't give them a copy of the order, 5 nor did you provide the notice of removal? 6 A. No. 7 Q. Did you know that the code required you to 8 leave a notice of removal? 9 10 MR. NGUYEN: Objection. Calls for a legal conclusion. 11 THE COURT: 12 Do you know? 13 A. 14 emergency? 15 Q. The question is: Did you know? Prior to emergency removal -- prior to (BY MR. SLATE) You didn't give a notice of 16 removal until you emailed it to me on Friday afternoon, 17 right? 18 A. Correct. 19 Q. About 36 hours after you removed the children? 20 A. Yes. 21 Q. You didn't provide -- 22 23 24 25 THE COURT: Hang on. Let's go back. I don't know that the question was ever answered. Did you know that you had to -- that the law requires you to provide a notice of removal? Cara C. Massey, CSR 713-222-4956 164 1 THE WITNESS: Okay. My understanding was 2 because it was an emergency prior to, that the court 3 order document served as the notice of removal. 4 MR. SLATE: May I approach the witness? 5 THE COURT: Yes. 6 I still am not sure that that answers the 7 8 9 question. Did you know that the law requires that you provide a notice of removal? 10 THE WITNESS: 11 THE COURT: 12 THE WITNESS: No. You did not know that? My understanding was if it 13 was the removal before the court hearing, that's when we 14 provide notice of removal. 15 16 THE COURT: But you didn't provide notice before the court hearing? 17 THE WITNESS: 18 THE COURT: 19 THE WITNESS: No, sir. No, sir. Why not? Because my understanding was 20 that if we remove the child before coming to court, then 21 at that time we provided a notice of removal, not an 22 emergency prior to. 23 THE COURT: 24 THE WITNESS: 25 THE COURT: Your understanding -Yes, sir. You've been taught that you Cara C. Massey, CSR 713-222-4956 165 1 don't, prior to an emergency hearing, tell the parents 2 in person or with a piece of paper that you are going to 3 approach a court and ask for an emergency hearing? 4 You're telling me that's what you've been taught at FPS? 5 THE WITNESS: 6 THE COURT: 7 THE WITNESS: 8 THE COURT: 9 12 Who taught you that? I can't recall. Okay. Let's take a break. Maybe ten minutes. 10 11 That's my understanding. (Brief recess) Q. (BY THE COURT) Sir, you said earlier you're familiar with the CPS caseworker's handbook, right? 13 A. Yes. 14 Q. Here, looking at Section 54.14 of that 15 handbook, "Obtaining a Waiver of the Requirement to 16 Provide Notice of Removal," what does it say you have to 17 do in order to get a waiver within your agency not to 18 provide the notice of removal? 19 20 MR. NGUYEN: Objection. Relevance, Judge. I don't see how that relates to this case. 21 THE COURT: That's overruled. 22 A. And the question was? 23 Q. (BY MR. SLATE) What does it say you can do to 24 try and get a waiver of the requirement to provide a 25 notice of removal? Cara C. Massey, CSR 713-222-4956 166 1 A. "At the initial hearing, DFPS may ask the court 2 to waive the requirements to provide a notice of 3 removal. 4 the court showing that: To do so, DFPS must provide documentation to 5 6 the person to be notified could not be located; 7 the case meets the criteria for a Baby 8 Moses case under Subchapter D of Chapter 262, Emergency 9 Possession of Certain Abandoned Children; 10 11 12 13 there is other good cause for not providing notice." Q. Did you ask the Court for permission not to have to provide a notice of removal? 14 A. No. 15 Q. And you're saying that no one at CPS ever 16 taught you this section or the requirement to provide 17 the notice of removal? 18 A. Yes. 19 Q. Yes, they taught you, or, no, they didn't? 20 A. Yes, they have. 21 Q. So they did teach you. 22 23 24 25 So you did know you were supposed to give a notice of removal? A. There are other good causes for not providing notice. Q. So you're saying, yes, you did know you were Cara C. Massey, CSR 713-222-4956 167 1 supposed to provide a notice of removal? 2 A. No. 3 Q. Well, why would you have known that you're 4 supposed to seek permission from the court to get a 5 waiver if you didn't know you had to have a notice? 6 MR. NGUYEN: Objection. Relevance. I 7 don't think the waiver relates to this case, Judge, to 8 ask for a court order for removal. 9 MR. SLATE: That's it. Judge, he's saying that he 10 didn't know that he was supposed to have a notice of 11 removal or left a notice of removal with the parents. 12 Then he just said he does know that if he's isn't going 13 to leave a notice of removal, he knows he's supposed to 14 seek a waiver. 15 MR. NGUYEN: But the circumstances of what 16 he believed at the time does not require a notice of 17 removal. 18 THE COURT: I think what you're saying is 19 that his response indicates he's looking at the third 20 possibility, not the first one where you have to ask the 21 judge for the waiver. 22 23 24 25 MR. NGUYEN: The first one; the person to be notified could not be located. THE COURT: Right. But I'm saying this witness testified that if -- he believed that he didn't Cara C. Massey, CSR 713-222-4956 168 1 because he said it was good cause; is that what 2 you're -- 3 MR. NGUYEN: No. He just asked him to read 4 it. 5 doesn't apply to this case, which is why I objected to 6 relevance. I'm saying that this section of the handbook 7 8 THE COURT: Why would it not be relevant to this case? 9 MR. NGUYEN: Because the notice of removal 10 that he's talking about is under circumstances where 11 exigent circumstances -- there are exigent circumstances 12 to serve them with a notice of removal first, then go to 13 the court to ask for the emergency court ordered 14 protection. 15 the court first before he removed the children. 16 That's not what happened here. MR. SLATE: He went to Judge, I'm not sure Mr. Nguyen 17 understands what 262.109 requires, but it doesn't 18 differentiate between a court ordered removal versus an 19 emergency without a court ordered removal. 20 is a notice of removal is required, and that's what the 21 DFPS guidelines cover. 22 basic process when conducting a nonemergency removal, 23 and then that next section is obtaining a waiver of the 24 requirement to provide. 25 THE COURT: It all says In fact, that section is more I mean, doesn't it read that Cara C. Massey, CSR 713-222-4956 169 1 the duty is there presumptively and only isn't required 2 if the person couldn't be located, it's a Baby Moses 3 case, or there is good cause for providing notice. 4 MR. NGUYEN: Right. And the circumstances 5 where the child has to be removed prior to requesting a 6 court order for -- the department taking possession of a 7 child prior to obtaining a court order. 8 9 10 MR. SLATE: That can't be possible, Judge, because it says at the initial hearing, DFPS may ask for permission not to leave it. 11 MR. NGUYEN: No. They have to show -- they 12 have to justify their reasons why no such notice of 13 removal was ever provided -- 14 THE COURT: 15 MR. NGUYEN: Right. -- at the time because, one, 16 no person could be notified because they could not be 17 located. 18 there is no parent to give it to; and then the other, 19 good cause. 20 notice of removal if the parent is there; but if there 21 is no parent, that is a justification as to why the 22 requirement to provide notice of removal is waived, 23 which is why that section does not apply in this case 24 because that's not what happened. 25 That's one. And under the Baby Moses statute, So by law, they are required to serve a MR. SLATE: Mr. Nguyen now agrees with me Cara C. Massey, CSR 713-222-4956 170 1 that he should've left a notice of removal. 2 him if the only way he can get out of this notice of 3 removal is through this proof. 4 MR. NGUYEN: No. I'm asking Only if the exigent 5 circumstances exist to take possession of a child prior 6 to getting a court order. 7 on that. 8 ask for a court order; or you ask for a court order, 9 then you take possession. There is a statute where you take first, then 10 MR. SLATE: 11 MR. NGUYEN: 12 There is a particular statute is a second statute. 262.109 does not differentiate. There is two statutes. There I don't have my code book with me. 13 MR. SLATE: I think it is relevant, Judge. 14 THE COURT: That's overruled. 15 Q. (BY MR. SLATE) Sir, you're saying that you 16 knew of this provision requiring you to get court 17 approval to not leave a notice, but you didn't know you 18 had to leave a notice; is that right? 19 20 21 A. No. 3 says there is good cause for not providing notice. Q. But do you see the first part of the sentence? 22 It says you got to ask the court for permission and that 23 those are the reasons you might ask the Court for 24 permission? 25 A. Yeah, I see that. Cara C. Massey, CSR 713-222-4956 171 1 Q. You didn't ask the court for permission, right? 2 A. No. 3 Q. You're saying you knew about this provision. 4 If you wanted the court to waive that requirement, you 5 knew what you had to do; but in the same breathe, you're 6 also saying you didn't know you had to leave a notice. 7 How can that be, sir? 8 9 10 A. My understanding is that when you have an emergency prior to, the documents from the court is the notice of removal. 11 12 THE COURT: A. I'm sorry, say that again? My understanding is an emergency prior to 13 removal is the -- the documents obtained from the court 14 is the notice of removal. 15 16 Q. (BY MR. SLATE) Of which you didn't leave either document, right? 17 A. No. 18 Q. So did you -- let me ask you this: 19 No, sir. Why didn't you leave any documentation with the parents? 20 A. I did leave documentation. 21 Q. What? 22 A. I did leave documentation. 23 Q. Of the removal? 24 A. Of the caregiver resource form. 25 Q. So why didn't you leave any documentation of Cara C. Massey, CSR 713-222-4956 172 1 2 3 the removal? A. Because the document I had from the court, am I supposed to give it to the parents? 4 Q. You don't know? 5 A. No. 6 Q. You don't know whether you're supposed to give 7 it to them? 8 A. I'm not supposed to give them that paperwork. 9 MR. NGUYEN: Objection as to relevance, 10 Your Honor. 11 applicable in this case. 12 Honor. 13 circumstances and he's required to service notice at 14 this point in time to take possession of the child and 15 then come to court to justify his reasons why no notice 16 was provided, which is under the section that Mr. Slate 17 was referring to, there is no parent to give it to or 18 good cause. 19 caseworker removed pursuant to 262.104. 20 104 -- 102. 21 He's stating that the 262.109 is what's That is completely wrong, Your That would require that there is exigent 262.109 does not apply to this case. The -- no not And, I'm sorry, Your Honor. On that note, 22 262.109, the written notice of removal, we then notified 23 the parents with that notice that an initial hearing 24 will be held for us to ask for a waiver of the notice of 25 removal. So the -- in that sense, the initial hearing Cara C. Massey, CSR 713-222-4956 173 1 comes after taking possession of the child. 2 MR. SLATE: May I reply, Judge? 3 THE COURT: Yes. 4 MR. SLATE: So 262.109, first paragraph: 5 "(a) the Department of Family and 6 Protective Services or other agency must give written 7 notice as prescribed by this section to each parent of 8 the child or to the child's conservator or legal 9 guardian when a representative of the department or 10 other agency takes possession of a child under this 11 chapter." 12 If you look at the top of the code page, it 13 says "Chapter 262," which would cover every section of 14 262 because it's the full chapter. 15 possession under that chapter, you must give -- must 16 give notice under 262.109. 17 THE COURT: If you take Yeah, isn't 262.102 bound by 18 the rules of notice outlined in 262.109? 19 262.102 says what the emergency order has to find; 20 262.109 talks about the notice that must be given unless 21 the court waives it on showing that the parents couldn't 22 be located. 23 MR. NGUYEN: I mean, Your Honor, I apologize. 24 Perhaps I misspoke. 25 under 262.101; filing the petition before taking What happened here was he exercised Cara C. Massey, CSR 713-222-4956 174 1 possession of a child. 2 MR. SLATE: May I, Judge? 3 THE COURT: Yes. 4 So I just want to make sure before you respond. 5 Mr. Nguyen, you're saying that the agency 6 filed this hearing -- the emergency hearing that was had 7 in this case was under 262.101, not 262.102. 8 9 MR. NGUYEN: That's correct. Well, 102 is the findings the court has to make, and 101 is the 10 procedure the department follows to get the emergency 11 hearing for the court to make the findings under 102. 12 13 THE COURT: Okay. Mr. Slate do you want to MR. SLATE: I just think 262.109 applies to respond? 14 15 all removals under that chapter, which is 262. 16 amended September 1st, 2017, and it was made to 17 purposely cover all removals, not just what it used to 18 be which was the exigent circumstances removal. 19 had to leave that. 20 all removals. 21 22 23 24 25 It was They It was purposely changed to cover THE COURT: Yeah. So why is it that 262.109 would not cover 262.101 or 102? MR. NGUYEN: Because the court order itself should be the notice in writing to the parents. THE COURT: Well, that's notice that there Cara C. Massey, CSR 713-222-4956 175 1 was an adversary hearing. 2 MR. NGUYEN: It's not notice that -Well, it is the notice that 3 was -- that the law enforcement have to rely upon in 4 order to remove the kids in the first place. 5 a court order. 6 THE COURT: There was But you're saying that TDFPS 7 cannot, without law enforcement or a court order, remove 8 kids? 9 MR. NGUYEN: No, no. I didn't say that, 10 Judge. 11 the court to take possession of the child. 12 showing of that court order to the parents, that's the 13 written notice. 14 That gives the department the authority to -- by MR. SLATE: And with the Judge, the court order doesn't 15 give the reason why they are having their kids removed. 16 The notice requirement in 226.109 makes them say what 17 the reasons are for having their kids removed. 18 two different kind of things. 19 THE COURT: They are The way I read 262.109 is that 20 it does cover the others; and it requires if there is 21 not going to be notice for those other two, there has to 22 be a showing that parents couldn't be located, it's Baby 23 Moses, or some other good cause with the burden being on 24 the agency, and I don't know that that evidence was 25 presented at the emergency. I'm open to looking at it. Cara C. Massey, CSR 713-222-4956 176 1 I haven't seen the transcript. 2 MR. NGUYEN: And I think in an emergency 3 hearing, of course, the only thing the fact finder could 4 rely upon is the caseworker's affidavit. 5 THE COURT: 6 MR. NGUYEN: 7 THE COURT: 8 9 Or the caseworker's testimony. Yes. All right. So I'm going to allow the question. Q. (BY MR. SLATE) Now, sir, I want to get 10 something straight. 11 you believe there needed to be a removal of the children 12 on September 19th because the children were in danger 13 that day, right? Your testimony here today is that 14 A. Yes. 15 Q. When did you come to that conclusion in your 16 head that these children were in danger? 17 A. 18 residence. 19 Q. Which was when? 20 A. On the 18th. 21 Q. And so do you know of any way -- first off, why When I found out they were back in the 22 did you not go to the court on September 18th to seek 23 removal if you thought they were in danger then? 24 25 A. Because I was directed to -- I was directed to be at legal first thing in the morning of the 19th. Cara C. Massey, CSR 713-222-4956 177 1 Q. Who directed you? 2 A. My supervisor, based on a conversation from a 3 4 program director. Q. So did you express to your supervisor or 5 program director you believe the children were in danger 6 on September 18th? 7 A. It was a conversation that we both -- 8 9 MR. SLATE: Objection, Your Honor. Nonresponsive. 10 THE COURT: Yeah. Did you express to the 11 supervisor or program director that you believe the 12 children were in danger on September 18th? 13 A. Yes. 14 Q. (BY MR. SLATE) Okay. And do you know of any 15 way that CPS can remove children when they are in 16 danger? 17 A. Do I know of any way? 18 Q. Right. 19 20 THE COURT: You mean without a court order or with a court order? 21 MR. SLATE: Any ways that he knows of, 22 Judge. 23 A. Notice of removal. 24 Q. (BY MR. SLATE) 25 And that means going and getting them without a court order? Cara C. Massey, CSR 713-222-4956 178 1 A. Right. 2 Q. Could you have done that in this case if you 3 thought they were in danger? 4 A. Could have. 5 Q. But you didn't? 6 A. Yes. 7 Q. Because you didn't think they were really in 8 danger or they were just kind of in danger? 9 of danger were we talking about? 10 11 A. What level Danger, as far as back in the home of caregivers who could've potentially harmed the children. 12 Q. What does the word "danger" mean to you, sir? 13 A. Danger: 14 Q. Anything else? 15 A. That's -- 16 Q. You thought these kids were in an imminent, 17 Unsafe, imminent. unsafe condition or place; imminent, right? 18 A. Yes. 19 Q. Meaning right then and there, it could happen 20 any minute? 21 A. Anything could've happened, sure. 22 Q. What time of the day on the 18th did you come 23 to this conclusion these kids were in imminent danger? 24 A. 25 residence. When I found out they were back in the Cara C. Massey, CSR 713-222-4956 179 1 Q. What time of the day was that? 2 A. I can't recall. 3 Q. Was it in the morning or afternoon? 4 A. It may have been -- may have been the morning. 5 Q. Was it about 2 o'clock or in the morning? 6 A. I can't say exactly what time it was. 7 Q. Well, when you find out that these kids are in 8 imminent danger, your first reaction was to wait until 9 the morning? 10 11 12 A. Well, again, like I said, I have to staff the case with my supervisor. Q. You're not allowed to go and do a removal 13 without it, without talking to your supervisor if you 14 think the kids are in imminent danger? 15 16 17 18 A. That's protocol. I do have to notify my superior. Q. When you notified your superior, did your superior think that the kids were in imminent danger? 19 A. To the point where we needed to be in legal. 20 Q. I'm asking you: 21 Did she think they were in imminent danger when you told her what you knew? 22 A. Yes. 23 Q. So now we have two people at CPS thinking the 24 child is in imminent danger. 25 go to with CPS to get to someone who can authorize an What level do you have to Cara C. Massey, CSR 713-222-4956 180 1 emergency removal? 2 A. Again, program director. 3 Q. Okay. 4 5 6 7 8 So did y'all take it to the program director? A. Yes. There was a conversation that she had with the program director. Q. Did the program director also think that these kids were in imminent danger? 9 A. Yes. 10 Q. And yet nobody went and picked them up on 11 September 18th to protect these children? 12 A. No. 13 Q. Why? 14 A. Because I was directed to be in court. 15 Q. Well, what was the imminent danger we were 16 worried about? 17 A. That the children were back in the residence. 18 Q. Is it not DFPS's job to protect children from 19 imminent danger? 20 A. It is. 21 Q. Did it fail at its job? 22 A. No. 23 MR. NGUYEN: 24 THE COURT: 25 Q. (BY MR. SLATE) Objection. Argumentative. No, that's overruled. Every single hour that went by, Cara C. Massey, CSR 713-222-4956 181 1 how were these kids able to maintain their lives while 2 they were in this imminent danger? 3 A. What was the question? 4 Q. Every single hour that went by after you found 5 out they were in imminent danger on September 18th, how 6 was it the children were able to maintain their lives? 7 A. They were in the residence of their parents. 8 Q. Because you came down here and testified in 9 front of this court under oath, under the penalty of 10 perjury, that if this court didn't grant you that order 11 to remove those kids, they would be harmed, right? 12 MR. NGUYEN: Objection, Your Honor. Not 13 testified as to anything that occurred in an emergency 14 hearing. 15 16 17 18 19 I believe he pled the Fifth. THE COURT: He pled the Fifth at the emergency hearing? MR. NGUYEN: No. Here regarding any testimony that was given at the emergency hearing. THE COURT: Okay. I didn't understand. 20 Looking at the question, I'm not sure what you meant 21 when you said, "When you came down here and testified 22 under oath," Mr. Slate, were you saying at the emergency 23 hearing or are you talking about earlier today? 24 MR. SLATE: Emergency hearing. 25 THE COURT: Okay. Cara C. Massey, CSR That's what I thought. 713-222-4956 182 1 MR. SLATE: The only way they could've 2 gotten the court order is if the kids were in imminent 3 danger so we couldn't have had a show-cause hearing. 4 MR. NGUYEN: We're assuming what statements 5 were made at the emergency hearing without actually 6 knowing what statements were made. 7 THE COURT: 8 asking. 9 case or whatever. No, I think that's why he's He can say that wasn't the case, that was the But the question was: "You came down 10 here and testified in front of this court, under oath, 11 under the penalty of perjury, that if this court didn't 12 grant you the removal of the kids, they would be 13 harmed"; true or not true? 14 A. Yes. 15 Q. (BY MR. SLATE) Well, sir, how can that be when 16 at least 24 hours went by after you, based upon your 17 testimony, found out the kids were in imminent danger? 18 19 A. Well, because, again, I was informed I needed to be at legal the following morning. 20 Q. So what does "imminent" mean? 21 A. Immediate. 22 Q. So you are telling this court right now these 23 kids were are in immediate, imminent danger, not only on 24 September 18th, but also when you came down here to 25 court and stood up in front of the judge and swore under Cara C. Massey, CSR 713-222-4956 183 1 oath on September 19th, right? 2 A. That they were in danger? 3 Q. Right? 4 A. Yes. 5 Q. And then your testimony was that you've got the 6 court order at about 12:30 on the afternoon of the 19th, 7 right? 8 A. Yes. 9 Q. But you didn't show up at the Bright residence 10 to rescue these children from imminent danger until 11 7:30 at night, right? 12 A. Yes. 13 Q. Did you think that's in the kids' best interest 14 who are facing imminent danger, a seven-hour delay? 15 A. Waiting on law enforcement. 16 Q. For seven hours? 17 A. No. 18 I did not immediately go to the residence, but I did go back to the office. 19 Q. What time did you call law enforcement, sir? 20 A. It may have been around 4ish, 4:20, 4:30 around 21 about. 22 Q. So four hours went by without even a call to 23 law enforcement while these kids are facing imminent 24 danger, right? 25 A. Yes. Cara C. Massey, CSR 713-222-4956 184 1 Q. And it just so happens you don't call until 2 4:30, but that would make it so law -- what time did you 3 tell law enforcement to meet you at the Bright 4 residence? 5 A. 6 7 I was looking for law enforcement to come immediately. Q. What time did you tell them to meet you at the 8 Bright residence? 9 there are records of your call. 10 Sir, remember you're under oath and Tell me what time did you tell them to meet you? 11 A. I don't recall. 12 Q. Well, how did you know they couldn't meet you 13 if you don't recall what time you told them to meet you? 14 A. How I do know what time? 15 Q. Yeah. You're saying you're sitting at your 16 office at 4:30 in the afternoon with an order ordering 17 these kids into your care and custody, and you can't 18 tell us what time you told law enforcement to meet you? 19 A. I called law enforcement when I was in the 20 subdivision. 21 office. I didn't call them when I was at the 22 Q. You said you called at 4:30, sir? 23 A. Roundabout, roughly. 24 Q. Were you in the subdivision at 4 o'clock, 4:30? 25 A. Maybe -- Cara C. Massey, CSR 713-222-4956 185 1 Q. 2 hours? 3 A. 4 5 Did you sit outside their subdivision for three Yes. Yes. About two. Maybe two. Waiting on law enforcement, yes, by the mailbox. Q. So you -- at 4:00 or 4:30, you're outside the 6 neighborhood of the Brights and you wait until 7:30, 7 right? 8 A. Right. 9 Q. You then leave that spot and go and do the 10 removal on your own? 11 A. Yes. 12 Q. To which law enforcement doesn't show up for 13 another 30 to 40 minutes? 14 A. Roughly, about 30 minutes. 15 Q. And your testimony is today, you could call 16 them at 4:30 and they didn't show up to the Bright 17 residence until nearly 8:00? 18 A. Roundabout. 19 Q. You believe a police officer is going to come 20 in and agree with that assessment? 21 A. Agree with what assessment? 22 Q. What you just said; that you called them and 23 talked to them and requested an officer and it took them 24 four hours to respond? 25 A. I'm not saying four hours. Cara C. Massey, CSR 713-222-4956 186 1 Q. Three and a half? 2 A. Yes. 3 Q. Did you try 911 to try to help protect these 4 kids from imminent danger? 5 A. That's the number you call. 6 Q. Did you call 911? 7 A. Yes. 8 Q. And you're saying the response time was three 9 and a half hours? 10 A. Yes. 11 Q. What police officer showed up? 12 A. I can't remember his name. 13 Q. What agency was he with? 14 A. I believe it was the sheriff's department. 15 Q. How many calls did you make to the police that 17 A. I called about three times. 18 Q. You know under that spoliation notice we gave 16 day? 19 you, you were to preserve all your phone records, right, 20 and not to delete anything off of your phone, all phone 21 calls and everything else? 22 A. Yes. 23 Q. You got them all? 24 A. I got them. 25 Q. Can you pull it up now and show us? Cara C. Massey, CSR 713-222-4956 187 1 A. It's -- 2 Q. Can you walk over there and go get it and show 3 us so we can see your call log for September 18th, 4 September 19th? 5 THE WITNESS: 6 THE COURT: Can I walk over there? Sure. 7 Q. (BY MR. SLATE) 8 A. Not at all. 9 Q. Friday is the day I sent you the spoliation 10 Did you delete your call log? notice, right? 11 A. Yes. 12 Q. You're saying that calendar log stops on 13 14 15 Friday? A. That's as far as I can go on here, but I didn't delete or erase anything. 16 Q. Is that your personal phone or a CPS phone? 17 A. CPS phone. 18 Q. Now, sir, you're saying you sat out there 19 outside the neighborhood for three and a half hours 20 waiting for law enforcement, right? 21 A. Roundabout, roughly, yes, sir. 22 Q. Why didn't you just wait another 30 minutes? 23 A. The hour was -- the time was already -- it was 24 25 a long time and the time was passed, basically. Q. Well, sir, you're saying you were afraid for Cara C. Massey, CSR 713-222-4956 188 1 your personal safety because of Dillon Bright, right? 2 A. Yes. 3 Q. And yet you went ahead and overcame that fear? 4 A. Well, law enforcement -- dispatch already had 5 my information. 6 and that's how he knew which residence to come to. 7 8 THE COURT: Sir, please listen to the question and answer it. 9 THE WITNESS: 10 11 They knew what address I was going to, THE COURT: Okay. You overcame your fear, yes or no? 12 A. Yes. 13 Q. Now, sir, you say that you did not 14 intentionally wait until after 5 o'clock to have these 15 children removed, right? 16 A. Right. 17 Q. And yet you've now stated under oath you did 18 intentionally wait four hours before even going to their 19 house and calling law enforcement, right, yes or no? 20 A. Yes. 21 Q. And the day before you had sent a text message 22 saying you would be there at 5:00 p.m.? 23 A. Yes. 24 Q. The same time you had staffed the case with 25 your supervisor and program director who had instructed Cara C. Massey, CSR 713-222-4956 189 1 you to go to legal on the 19th, right? 2 A. Right. 3 Q. And you want us to believe that you didn't 4 intentionally go after 5:00 p.m.? 5 A. Correct. 6 Q. But you want us believe these children were, 7 according to you, in imminent danger and you had a 8 removal order signed at 12:30 in the afternoon? 9 A. Yes. 10 Q. Do you think that makes any sense? 11 A. Yes. 12 Q. What sense? 13 A. In the event when I left court, I had to go 14 back to our office to ensure that I had car seats. 15 had to do some stuff in Impact. 16 Q. I Sir, you knew the day before you were coming to 17 go get the order. 18 when you weren't protecting the children? Why didn't you do all that on Tuesday 19 MR. NGUYEN: 20 THE COURT: 21 A. Why didn't I do? 22 Q. (BY MR. SLATE) Objection. Argumentative. Overruled. Why didn't you go to legal on 23 Wednesday morning with car seats, with everything you 24 needed so that you could rush and protect these children 25 at 12:30 on Wednesday, the 20 -- the 19th? Cara C. Massey, CSR 713-222-4956 190 1 2 A. Because I was instructed to be at legal on the 19th. 3 Q. 4 seats? 5 director -- not to show up with car seats on the 19th? 6 Which one of them? Were you instructed to be there not with car Who told you -- Ms. Edwards or the program 7 A. My supervisor. 8 Q. She told you not to bring car seats? 9 A. No, she didn't say not -- 10 Q. Did she say don't be prepared to take those 11 kids as soon as you get the order? 12 A. No. 13 Q. Did she tell you -- did that lady back there 14 tell you that you needed to wait until 4:30 in the 15 afternoon before you went and tried to remove them? 16 MR. NGUYEN: 17 THE COURT: 18 A. No. 19 Q. (BY MR. SLATE) Objection. Argumentative. That's overruled. Did that lady back there, did 20 your supervisor, did she tell you that you needed to 21 wait until after 5:00? 22 A. No. 23 Q. Did she authorize you to wait for four hours 24 25 after getting the order before you removed those kids? A. Well, she knew, yes. Cara C. Massey, CSR 713-222-4956 191 1 Q. Did she authorize it? 2 A. For me to wait? 3 Q. Four hours? 4 A. Yes. 5 Q. Did she know? 6 A. Yes. 7 Q. That you were going to wait four hours? 8 A. Yes. 9 Q. While these kids were in imminent danger? 10 A. Yes, sir. 11 Q. And she authorized it? 12 A. Yes. 13 Q. Ms. Edwards? 14 A. Yes. 15 Q. She's responsible for you waiting those four 16 hours? 17 A. I'm not saying she's responsible. 18 Q. Why not? 19 right? 20 A. Yes. 21 Q. She told you to wait until 4:30? 22 A. Yes. 23 MR. SLATE: 24 25 She's the one telling you what to do, I pass the witness, Judge. CROSS-EXAMINATION BY MS. PROFFITT: Cara C. Massey, CSR 713-222-4956 192 1 2 Q. Mr. Jones, you prepared an affidavit in this case, did you not? 3 A. Yes, ma'am. 4 Q. Earlier, Mr. Slate was asking you about your 5 knowledge of the breastfeeding issue. 6 asking you that? Do you recall him 7 A. Yes, ma'am. 8 Q. You told him you didn't recall that that issue 9 had been brought up. Is that still your testimony? 10 A. Yes, ma'am. 11 Q. So when you signed an affidavit on 12 September 29th, that would be based on your knowledge 13 and your information, correct? 14 A. Yes. 15 Q. And so if your affidavit on page 8 states that 16 "on August 9th, 2018, that investigative worker Lavarvia 17 Jones spoke with Michael and Melissa at the Fraziers' 18 residence. 19 allowed Melissa to stay in the home that he owns near 20 Baytown so that Melissa can be close to" -- actually, it 21 says to "Dillon" -- "to breastfeed." 22 for her to breastfeed the child, not her husband? Michael informed me that a pastor's friend I assume you meant 23 A. Yes. 24 Q. "Melissa and Dillon asked me if Melissa could 25 be considered to stay with his mom at the residence Cara C. Massey, CSR 713-222-4956 193 1 because Melissa has to breastfeed"? 2 A. Yes. 3 Q. So you did have knowledge that breastfeeding 4 was an issue, correct? 5 A. Yes. 6 Q. Because I assume you copied this out of your 7 case notes for this case; your affidavit? 8 A. Yes. 9 Q. And then you were asked -- well, they then 10 informed you they needed to come up with some other 11 people to help with the kids, correct? 12 A. Correct. 13 Q. And that was as far back as August 9th? 14 A. Roughly, yes, ma'am. 15 Q. And because in your affidavit, you say that on 16 August 9th: 17 the PCSP at another house. 18 to participate in a family team meeting in which the 19 family agreed," correct? "They informed me that they possibly want Worker encouraged the family 20 A. Yes, sir. 21 Q. And y'all set that up for August 14th, 2018, 22 correct? 23 A. Yes. 24 Q. Now, in your family team meeting, Mr. Slate 25 showed you the little clip-out that said you were going Cara C. Massey, CSR 713-222-4956 194 1 to have a decision by Friday, August 17th, and that the 2 change of residence would take place on Sunday, 3 August 19th, correct? 4 A. Yes. 5 Q. You actually included that same exact language 6 in you're affidavit, didn't you? 7 A. Yes. 8 Q. You swore in an affidavit that the decision was 9 being made by February (sic) 17th, and that the change 10 of residence would take place on Sunday, August 19th, 11 correct? 12 A. Yes. 13 Q. But you didn't do those things, correct? 14 A. Yes. 15 Q. You also testified that -- or, I'm sorry -- in 16 your affidavit, you state that on August 20th, you 17 received a telephone call from Ms. Bright and she asked 18 if the agency was able to approve the Jesters for the 19 new parental child safety placement. 20 that? Do you remember 21 A. Yes, ma'am. 22 Q. You said that you informed her that you didn't 23 have approval at that time because of there being 24 concerns with moving the child who has suffered with 25 multiple serious injuries? Cara C. Massey, CSR 713-222-4956 195 1 A. Yes. 2 Q. But nowhere in the text messages when you-all 3 are going back and forth about whether or not it's okay 4 to go to the Fraziers, you never once say, I'm 5 concerned -- there is some concerns about multiple 6 injuries, correct? 7 A. Correct. 8 Q. So on page 6, when she asks you: 9 "Are you okay with that," you see up there at the top? 10 A. Yes. 11 Q. It says: "Missy plans to meet us at the 12 hospital, discharge us and bring us to Deloris' house. 13 Are you okay with that?" 14 A. Yes. 15 Q. You responded: 16 You see that? "Okay, that should be fine," correct? 17 A. Correct. 18 Q. Not just, "That should be fine." 19 "Okay, that should be fine"? 20 A. Yes. 21 Q. So she asks: 22 You said "Is it okay?" And you say, "Okay," correct? 23 A. "That should be fine," yes. 24 Q. But later, you try to cut it up to, oh, you 25 just said it "should be fine," that they shouldn't have Cara C. Massey, CSR 713-222-4956 196 1 taken that as an "okay" to travel with the kids. 2 A. Right. 3 Q. But that's not what you said in this message, 4 correct? 5 said: She says: "Are you okay with that?" You "Okay, that should be fine." 6 A. Yes. 7 Q. Can you explain to this court how that could be 8 anyway construed as anything but an acknowledge that it 9 was okay? 10 A. 11 a definite. 12 Q. "Should be fine," like I repeated earlier. Isn't it okay? 13 and the answer: 14 she's asking you is okay? 15 A. "Okay." Isn't "okay" to "is that okay," Isn't that affirming that what "Okay," and she put a lot in this text. 16 Missy's plans, come and meet us at the hospital, 17 discharge us, and bring -- "Are you okay with that?" 18 my response is: 19 not a definite, giving them -- 20 Q. Not "Okay, that should be fine." So why didn't you say that? It was Why didn't you 21 say, "Okay, that should be fine, but let me check with 22 my supervisor first"? 23 A. In which I did because -- 24 Q. Really? 25 Because -- MS. PROFFITT: Objection, Your Honor. Cara C. Massey, CSR 713-222-4956 So 197 1 Nonresponsive. 2 3 THE COURT: Q. Sustained. (BY MR. PROFFITT) Sir, what you say is, "Okay 4 that should be fine," and then you follow up with, "We 5 did consult with legal, and we don't have grounds for 6 removal," correct? 7 A. Yes. 8 Q. And that's on August 22nd these texts are going 9 back and forth? 10 A. Yes. 11 Q. You don't say anywhere anything on that day 12 about the fact that you're waiting for a program 13 director or anybody else to approve it, correct? 14 A. Right. 15 Q. So while you're worried about this child's Not in this text, no. 16 fragile condition, you're sending them off to one 17 direction, and then you're calling them back and making 18 them go somewhere else, correct? 19 A. Yes. 20 Q. I want to be clear because my client -- there 21 are no allegations against my client, are there? 22 A. Correct. 23 Q. Why in the world couldn't you have placed the 24 children with Mr. Bright and had Mrs. Bright stay out of 25 the home? Cara C. Massey, CSR 713-222-4956 198 1 A. There were no allegations against Dad. 2 Q. So why couldn't you have placed the children 3 with Dad, made Mom stay elsewhere, and left these 4 beautiful children in their home? 5 A. Well, because as to the same reason why we 6 don't have explanation for the injury. 7 of caution. 8 Q. 9 So let's be clear: Err on the side We know for a fact that this child had two injuries on his head, correct? 10 A. Correct. 11 Q. We know for a fact that both of these injuries, 12 on the day that he was admitted into the hospital, were 13 swollen, correct? 14 A. Yes. 15 Q. We know that Dad was not home during the window 16 that the child got hurt, correct? 17 A. Correct. 18 Q. So if there is an inconsistency, Dad wouldn't 19 be the one making any inconsistent statements; it 20 would've been Mom, right? 21 A. Right. 22 Q. So why in the world did the agency need to take 23 my client's children away from him? 24 A. I don't have an answer. 25 Q. The black eye and the gash on the face could've Cara C. Massey, CSR 713-222-4956 199 1 been avoided if they were with their Dad, right? 2 MR. NGUYEN: 3 THE COURT: Objection. Speculation. Overruled. 4 Q. (BY MS. PROFFITT) 5 A. The question -- the black eye could've been 6 7 8 Correct? avoided? Q. If the kids would've been placed with their father? 9 A. Possibility. 10 Q. And that Charlotte had a horrific diaper rash 11 after she left foster care as well, correct? 12 A. I didn't know anything about that. 13 Q. Ms. Frazier didn't send you a picture of the 14 diaper rash? 15 A. I don't recall. 16 Q. Did you tell the foster family that this child 17 had an allergy to dairy? 18 A. Yes. 19 Q. So while in CPS care, was she fed dairy? 20 A. To my knowledge, no. 21 Q. Now, in addition to the cut on the face and the 22 black eye, Dillon suffered a lot of harm between 23 July 18th -- I'm sorry, not Dillon -- Mason between 24 July 18th and September 19th as well, correct? 25 A. I'm not aware of any harm. Cara C. Massey, CSR 713-222-4956 200 1 Q. Okay. So let's start with this: He gets 2 discharged from the hospital for the first time on what 3 day? 4 A. July -- for the first time? 5 Q. Correct. 6 A. 24th, 25th. 7 Q. And at that time, the instructions were very 8 clear that this child was to be kept calm, correct? 9 A. I don't recall. 10 Q. You don't know whether or not the medical 11 records for that child required him to be kept calm? 12 A. In Mom and Dad's residence home? 13 Q. No. In the doctor's -- you were here when the 14 doctor testified this child was to be kept calm on 15 discharge, correct? 16 A. Can't recall. 17 Q. And during the time that he was with the 18 paternal grandmother, isn't it true that complaints were 19 made that the child was irritable and upset and couldn't 20 be consoled while he -- because he wasn't being 21 breastfed? 22 A. 23 When the child was placed with paternal grandmother? 24 Q. Paternal grandmother. 25 A. Paternal grandmother. Cara C. Massey, CSR There were complaints 713-222-4956 201 1 about -- 2 MR. NGUYEN: 3 MS. PROFFITT: 4 Honor. 5 Q. 6 (BY MS. PROFFITT) Objection. Hearsay. I can rephrase it, Your We listened to Melissa on a tape, a recording of the family team meeting, correct? 7 A. Yes. 8 Q. And she made complaints that Mason was not 9 10 consolable, that he was up 15, 17, 21 times during the night, correct? 11 A. Yes. 12 Q. And she told you-all during that meeting that 13 as a result of that and the swelling, he had to go back 14 to the hospital and be re-stitched, correct? 15 A. I don't recall her saying as a result of that. 16 Q. And then he had to -- he continued to be in 17 that home, correct? 18 A. He continued to be in Missy's home. 19 Q. In the paternal grandmother's home, correct? 20 A. Yes. 21 Q. And then on August -- August 9th, per your 22 affidavit, Dillon and Melissa tell you that this child 23 needs to be breastfeed, correct? 24 A. Yes. 25 Q. And after that, the child ends up having to Cara C. Massey, CSR 713-222-4956 202 1 have a hole burrowed into his skull because the pressure 2 is building rather than decreasing, correct? 3 A. I'm sorry, repeat the question? 4 Q. Was his skull then -- was there a hole burrowed 5 into his skull to release the pressure on his brain? 6 A. Yes. 7 Q. And that was after he had already gone back in 8 9 for weeping and resuture of the same injury, correct? A. On the 14th, I believe, is when -- the day of 10 the family team meeting when he is readmitted into the 11 hospital for the -- 12 Q. That was for the shunt, correct? 13 A. Correct. 14 Q. But before that, he was admitted into the 15 hospital? 16 A. Yes. 17 Q. For a hole to be drilled into his skull, 18 correct? 19 A. Correct. 20 Q. And each time, from the very first time he was 21 discharged to the last time he was discharged, it was 22 very clear in his medical records that he was to be kept 23 calm, correct? 24 A. Yes. 25 Q. And although this family told you repeatedly Cara C. Massey, CSR 713-222-4956 203 1 that the child was not be able to be kept calm and 2 concealed because he wasn't being breastfed, you made no 3 changes to the plan to allow that to happen throughout 4 the night, did you? 5 A. Yes. 6 Q. You did make plans? 7 A. Yes. 8 Q. What plans did you make so that Mom could 9 10 breastfeed throughout the night? A. Well, the PCSP allowed Mom to be in the 11 residence to breastfeed Mason. 12 made. 13 14 Q. Those arrangements were But, sir, the arrangements included that Ms. Bright had to leave at nighttime, correct? 15 A. Yes. 16 Q. So back to my question: What arrangements did 17 CPS make to address the concerns of this child being 18 able to be breastfed throughout the night? 19 say none. It's okay to 20 A. I don't know. 21 Q. You don't know of any plans that were made for 22 23 24 25 that breastfeeding to take place? A. There may have been a discussion between Missy and my supervisor regarding the breastfeeding. Q. Now, in your affidavit, you state that on Cara C. Massey, CSR 713-222-4956 204 1 August 28th -- well, let me back up. 2 September 19th, when was the last time you laid eyes on 3 these children prior to that day? Before 4 A. It was sometime in August. 5 Q. If I were to refresh your memory, do you think 6 it was the team meeting when the children were present 7 in the Frazier home and the whole family was there and 8 the kids were there on August 14th? 9 A. Yes. 10 Q. So from August 14th until September 19th, no 11 one from the agency laid eyes on these children; is that 12 correct? 13 A. Correct. 14 Q. And that would be a violation of your PCSP, 15 correct? 16 testified that you did not see the children from 17 August 14th until September 19th, correct? Is that correct? Let me back up. You'd 18 A. Correct. 19 Q. Do you know whether or not any of these ladies 20 back here bothered to check out the children between 21 August 14th and September 19th? 22 A. No. 23 Q. In fact, if they had, those notes would be in 24 25 this affidavit as well, wouldn't they? A. Yes. Cara C. Massey, CSR 713-222-4956 205 1 Q. And after everything goes down with the removal 2 and -- I'm sorry, with the incident at the hospital and 3 the kid, the child being brought back and forth and 4 taken back to Deloris, Mom is texting you: 5 message above where you indicate you would move -- we 6 could move yesterday. 7 PD signing off at 1:11 p.m. yesterday. 8 we were out of the hospital packed." 9 August 23rd. She then sends you another text on 10 August 23rd: "Any update?" 11 hour and a half later: 12 "What is it you're actually waiting on, a signature? 13 have a doctor's appointment tomorrow two miles from 14 Deloris -- a doctor's appointment two miles from Deloris 15 tomorrow. 16 to be all the way there with everything loaded in our 17 truck. 18 all we're asking is to expedite a signature that was 19 supposed to have been done by this past Monday. 20 can be done to ensure we move tomorrow?" 21 respond. 22 can we do to set up a meeting with family services?" 23 24 25 Two miles. "Read You called to tell us about the This was after That's You respond back about an "Nothing yet." She's saying: We It would be ridiculous to ask us We've done everything you've asked of us, and What You don't "Since we can't do anything about this, what MR. NGUYEN: evidence rule. Objection, Your Honor. Best Document speaks for itself. THE COURT: Well, what is the question? Cara C. Massey, CSR 713-222-4956 206 1 Q. (BY MS. PROFFITT) Sir, what I'm trying to find 2 out is during this window of time from discharge from 3 the hospital until your next entry on August 28th, what 4 were you doing to ensure that this child was being taken 5 care of? 6 A. I mean, like I said before, I was -- the 7 parents -- there had already been a parental child 8 safety plan which we had already selected a caregiver to 9 assist, to make sure that the child was taken care of 10 11 and had his needs. Q. Well, and in these text messages, you don't say 12 anything about we're concerned about serious injuries. 13 If fact, you say "I really hope she approves the PCSP 14 soon"? 15 A. Right. 16 Q. And so this goes on. 17 you on the 22nd, 23rd, 24th. 18 Still: 24th: MR. NGUYEN: Objection, Your Honor. Q. (BY MS. PROFFITT) 22 A. You mean about the messages? 23 Q. Correct. 25 I'm not hearing a question. 21 24 "Any update?" "Not yet," correct? 19 20 Mrs. Bright is texting Friday the 24th: A. Is that correct? She sends you another message on "Any update," correct? Yes. Cara C. Massey, CSR 713-222-4956 207 1 Q. And you respond: 2 A. Yes. 3 Q. She asked you: 4 questions. 5 response? "Not yet." "My husband sent you a list of Can you call him back?" And what's your 6 A. "I will call him. 7 Q. Did you call him? 8 A. I don't think we spoke until August 28th. 9 Q. So on August 24th, she's telling you: I'm on another case." "My 10 husband is trying to get in touch with you. 11 questions. 12 on another case at the moment." 13 days before you actually speak to him; is that correct? Please call him." You say: He has "I will. I'm But it's not for four 14 A. Yes. 15 Q. Now, you testified that he was very irate with 16 you on the phone, raising his voice, et cetera. 17 want to make sure that's what you say happened on that 18 call? 19 20 21 A. I just His tone was in an aggressive manner, yes. tone was -- yes. Q. Was this a tone of "I'm going to come beat you 22 up," or was this a tone of, "What's going on with our 23 children? It's been six days and we don't have any 24 answers"? The first or the latter? 25 His A. The latter. Cara C. Massey, CSR 713-222-4956 208 1 Q. And if I were to tell you -- you know they 2 recorded pretty much everything you guys have said and 3 done with them, right? 4 A. Yes. 5 Q. And if I were to tell you there was not only -- 6 not only on the phone with you, but there was someone 7 standing right there beside him when he was talking to 8 you on the phone, would that surprise you? 9 A. No. 10 Q. And isn't it true that at this point, he told 11 you he had consulted an attorney; they were no longer 12 going to comply with the PCSP? 13 14 15 A. He said that they were going to no longer comply with the agency. Q. And, in fact, he told you -- you told him at 16 the removal that you remembered talking to him. 17 talked about his tone of his voice. 18 were complaining -- "You were not complying. 19 doing this anymore, so I'm taking my children." 20 acknowledged that that's what he told you on August 21 28th; are you aware of that? You And you said -- you We're not You 22 A. Okay. 23 Q. When Dillon was talking to you at the date of What did he say? 24 the removal, he was telling you that he and you talked 25 and that they decided that that weekend, the weekend of Cara C. Massey, CSR 713-222-4956 209 1 the 25th, 26th of August, that they were making a 2 decision, and you respond: 3 to my supervisor and I let her know about it and we were 4 going to -- " 5 MR. NGUYEN: "Okay. So I did reach out Objection, Your Honor. She's 6 questioning on a transcript that's not in evidence or a 7 document that's not in evidence, Judge. 8 9 Q. (BY MS. PROFFITT) I can play it, but I just want to give you one last chance to acknowledge. Isn't 10 it true you acknowledged that after he told you he 11 wasn't going to comply and he was taking his children, 12 that you staffed it with your supervisor to decide 13 whether or not to take it to legal? 14 A. When I spoke to Mr. Bright that day, he did not 15 tell me that he was going to go pick them up. 16 me he was not going to comply. 17 that the children were taken until the 18th. 18 Q. 19 20 21 So I didn't find out Why? MR. NGUYEN: Q. He told (BY MS. PROFFITT) Objection. Vague. Why what? Why didn't he find out until the 18th that the children weren't in their placement? 22 A. Dad was no longer cooperating with the agency. 23 Q. Did you say something different during the 24 removal? 25 knew he had taken his kids on the 28th? Did you acknowledge at the removal that you Cara C. Massey, CSR 713-222-4956 210 1 A. I didn't know until after the fact. 2 Q. What does "after the fact" mean? 3 A. After August 28th. 4 Q. How long after August 28th did you learn that 5 6 he had his children in his care? A. September 18th. 7 MS. PROFFITT: Your Honor, at this time I'd 8 like to play the tape regarding this issue. 9 admitted into evidence as Exhibit 40. It's been 10 THE COURT: 11 MS. PROFFITT: 12 (Respondent Mother's Exhibit No. 40 13 published) 14 Q. Okay. (BY MS. PROFFITT) Starting at 3:11. So you acknowledge that 15 during that phone call, you knew he wasn't complying and 16 he was taking his children and so you staffed it with 17 your supervisor; isn't that what you just told him? 18 A. Yes. My indications were that he was going to 19 take them; but at that point, he hadn't taken his 20 children. 21 22 Q. Well, if I were to tell you they had been with him since the 25th, would that surprise you? 23 A. Ms. Bright mentioned it on yesterday. 24 Q. So when he makes all these -- when he's got the 25 tone of voice with you, when you're of the belief that Cara C. Massey, CSR 713-222-4956 211 1 he's going to stop working with you, he's not going to 2 comply and he's going the take his children, did you run 3 out to the PCP (sic) placement to find out if the 4 children were safe? 5 A. No. 6 Q. Did you do that on the 29th of August? 7 A. No. 8 Q. How about the 30th of August? 9 A. No. 10 Q. Did you go on the 31st of August? 11 A. No. 12 Q. How about September 1st? 13 danger. These kids are in Have you gone to check on them? 14 A. No. 15 Q. Do you go on September 2nd? 16 A. No. 17 Q. September 3rd? 18 A. No. 19 Q. September 4th? 20 A. No. 21 Q. September 5th? 22 A. No. 23 Q. September 6th? 24 A. No. 25 Q. September 7th? Cara C. Massey, CSR 713-222-4956 212 1 A. No. 2 Q. September 8th? 3 A. No. 4 Q. September 9th? 5 A. No. 6 Q. September 10th? 7 A. No. 8 Q. September 11th? 9 A. Do we have to continue with this? 10 Q. September 11th? 11 A. No. 12 Q. These kids are in danger. 13 Did you go get them on September 11th? 14 A. I went on the 19th. 15 Q. So you didn't go on the 11th? 16 A. No. 17 Q. And you didn't go on the 12th, correct? 18 A. Correct. 19 Q. And you didn't go on the 13th, correct? 20 A. No. 21 Q. Or the 14th, correct? 22 A. Correct. 23 Q. Or the 15th, correct? 24 A. Correct. 25 Q. Or the 16th, correct? Correct. Cara C. Massey, CSR 713-222-4956 213 1 A. Uh-huh. 2 Q. Or the 17th, correct? 3 A. Correct. 4 Q. Or the 18th? 5 A. Right. 6 Q. Just to be clear: At the very minimum, you 7 knew for sure that these children were no longer with 8 the maternal -- I'm sorry -- paternal grandmother for 9 sure. No question by the 18th, correct? 10 A. Right. 11 Q. And did your supervisor authorize you at that 12 Yes, for sure by the 18th. point to go get those kids? 13 A. No. 14 Q. Why not? 15 A. I was directed to be at legal first thing in 16 17 18 19 20 21 22 the morning. Q. How dangerous was the situation that you could sit on it for over 36 hours? A. Well, I didn't know that the children were taken back to the home until September 18th. Q. But you had reason to believe as far as back as August 28th, correct? 23 A. Yes. 24 Q. Now, in your affidavit, you say that on 25 September 19th, you contacted Sandy Russell to follow up Cara C. Massey, CSR 713-222-4956 214 1 on the hematology. Do you recall that? 2 A. Yes, ma'am. 3 Q. That she stated there was no evidence of any 4 blood problem. 5 her about the hematology report that you had been given? When you talked to Sandy, did you ask 6 A. No. 7 Q. Did you remind her that there was a hematology 8 investigation done on this child? 9 A. Yes. 10 Q. And so when you reminded her of it, she just -- 11 12 13 14 what did she say? A. Where was it? She said there were no indications of Von Willebrand disease. Q. So you relied on a social worker to tell you 15 that there were no indications of the disorder even 16 though that is part of this child's medical records, 17 correct? 18 A. Yes. 19 Q. And when you filed your affidavit on July 19th, 20 was it an accident that you didn't include the rest of 21 his medical records that had occurred from the 20th of 22 July to the 19th of September? 23 24 25 A. What was attached was what I thought was the physician's statement. Q. Sir, you want this judge to know the most Cara C. Massey, CSR 713-222-4956 215 1 evidence he could possibly know before he decides to 2 take children from a parent, correct? 3 A. Yes. 4 Q. And you knew that this child had been in the 5 hospital the first time as well as two additional times, 6 correct? 7 A. Correct. 8 Q. So did you make sure that the evidence you were 9 10 giving this judge included everything that happened with this child from July 18th to September 19th? 11 A. Yes. 12 Q. So where are the rest of the records then? 13 A. Our attorney has the physician's statement. 14 Q. Sir, I'm not talking about the physician's 15 statement. 16 Russell -- and I can tell she's the one who did it 17 because down at the bottom of the records, it shows that 18 she's the one that printed these out. 19 "Printed by Rosinski-Russell, Sandra" on the bottom of 20 these records. 21 assume these came from her, right? I'm talking about the fact that Ms. Sandy It says: It says that she printed them. So I 22 A. Yes. 23 Q. And it looks like up at the top that they were 24 25 faxed from TCH on 7/20/18, correct? A. Correct. Cara C. Massey, CSR 713-222-4956 216 1 Q. When you were down here at the court, why 2 didn't you provide the rest of the Texas Children's 3 records from July 20th up until September 19th? 4 A. That's all I thought I needed. 5 Q. So in these records, you know -- because you 6 were here when we were questioning the doctor -- that 7 there were recommendations to get to the bottom of what 8 was going on with this child, correct? 9 A. Yes. 10 Q. One was a skeletal survey, correct? 11 A. Correct. 12 Q. Do you think maybe the skeletal survey 13 information would've been a good thing for this judge to 14 be able to look at? 15 A. Yes. 16 Q. And "recommendations dilated" -- I'm not going 17 to go through all the words because I can't pronounce 18 them, but this is for the ophthalmology exam, right? 19 A. Yes. 20 Q. Did you provide this court the results of that 21 exam that show that the blood is in the left eye? 22 A. No. 23 Q. "Hematology consult given the extensive 24 intracranial bleeding." 25 good idea to give this judge the hematology report so he Do you think it would've been a Cara C. Massey, CSR 713-222-4956 217 1 could see this child had a bleeding disorder? 2 A. Yes. 3 Q. But you didn't do that, right? 4 A. No. 5 Q. And then he was sent to go to Child Protective 6 Health Clinic for a follow-up examination and a repeat 7 in a couple weeks' time. 8 documents? 9 A. No. 10 Q. Do you think that would've been important, too? 11 A. Yes. 12 Q. Now, one of the first things on your affidavit Did you provide any of those 13 is, it says: 14 circumstances to prevent removal of the child but 15 considering the immediate needs to protect the child, 16 removal of the child is necessary." 17 didn't you? 18 A. Yes. 19 Q. What reasonable efforts did you make to prevent 20 MR. NGUYEN: answered. Objection. THE COURT: 24 Please answer. A. Asked and I believe we've covered this. 23 25 You swore to that, the removal of the child from his parents? 21 22 "I have made reasonable efforts under the That's overruled. What was the question? Cara C. Massey, CSR 713-222-4956 218 1 2 Q. (BY MS. PROFFITT) What reasonable efforts did you make to prevent removal of the children? 3 A. PCSP. 4 Q. Let me make this a little easier. 5 We -I'll narrow it down. 6 A. Okay. 7 Q. What did you do from August 28th, when you were 8 told that the PCSP was not going to be followed, to 9 September 19th? What reasonable efforts did you make 10 under the circumstances to prevent taking the children 11 from their parents? 12 A. Well, at that point, the PCSP had been violated 13 and back -- getting the children back in the home of the 14 alleged perpetrator, so. 15 Q. Sir, what did you do? You find out on 16 August 28th that they are going to violate the PCSP. 17 You have to make reasonable efforts before you just 18 remove the kids. 19 take the kids. You didn't run out on the 28th and You waited 23 days, correct? 20 A. Yes. 21 Q. So what reasonable efforts to stop removal were 22 made between the point you learned that they were no 23 longer going to comply, and the point that you were down 24 here in front of this judge saying, under oath: 25 made reasonable efforts under the circumstances to Cara C. Massey, CSR 713-222-4956 "I've 219 1 prevent removal of the child but considering the 2 immediate needs to protect the child, removal of the 3 child are necessary." 4 A. PCSP was violated. 5 6 MS. PROFFITT: 9 Nonresponsive, Your Honor. 7 8 Objection. THE COURT: Q. Yeah, that's sustained. (BY MS. PROFFITT) What did you do between August 28th and September 19th? 10 A. 11 this case. 12 Q. Staff the case with my supervisor regarding So are you telling this court that your 13 supervisor knew that these children were back with their 14 parents? 15 A. No. 16 Q. So what were you staffing with them? I mean, 17 you certainly weren't making reports to her for the -- 18 how the kids were doing because you didn't know, right? 19 A. Right. 20 Q. So what were you staffing with her? 21 A. Basically, the last conversation we had with 22 Dillon regarding him not complying with the agency no 23 longer. 24 25 Q. And did you tell her he told you he wasn't going to comply and he was going to bring his children Cara C. Massey, CSR 713-222-4956 220 1 2 3 home? A. I told her that what he told me; he was not going to comply. 4 Q. And bring the children home? 5 A. What he told me is not comply. 6 7 MR. SLATE: Nonresponsive. 8 9 MR. NGUYEN: I think it is responsive to what he told her. 10 11 Objection, Your Honor. MS. PROFFITT: Q. (BY MS. PROFFITT) I'll rephrase it. Did Dillon tell you that he 12 was not going to comply and that he was going to bring 13 his children home? 14 A. No. 15 Q. And did you tell that to Deloris when you were 16 explaining why you were taking the children? 17 18 MR. NGUYEN: THE COURT: 20 THE WITNESS: 22 23 24 25 Nonresponsive. He responded "no" to the previous question. 19 21 Objection. Q. Is "no" your answer? (BY MS. PROFFITT) Yes, sir. So you didn't tell Deloris that that's what he had told you? A. I don't recall a lot of the -- no. MS. PROFFITT: Your Honor, I would like to direct us to Exhibit 40 at 47 minutes, 26 seconds. Cara C. Massey, CSR 713-222-4956 221 1 THE COURT: 2 (Respondent Mother's Exhibit No. 40 3 published) 4 Q. All right. (BY MS. PROFFITT) So you knew on August 28th 5 that he was bringing his children home, and because you 6 had to go through a process, you left the children there 7 for three weeks; isn't that the truth? 8 9 A. I had an indication from the conversation of the 28th that he would bring his children home. 10 Q. Yet, you did nothing for three weeks, correct? 11 A. Yes. 12 Q. You -- 13 14 MS. PROFFITT: Honor. Pass the witness. 15 16 17 18 I'm going to let it go, Your CROSS-EXAMINATION BY MR. LONGWORTH: Q. Did you ever contact law enforcement regarding the unexplained injury? 19 A. Yes, sir. 20 Q. And what's going on with the contact with law 21 enforcement? 22 23 Objection, Your Honor. THE COURT: I'm not sure what -- the Hearsay. 24 25 MR. SLATE: question was: "What's going on with the contact with Cara C. Massey, CSR 713-222-4956 222 1 law enforcement?" 2 3 MR. LONGWORTH: 6 THE COURT: Q. Okay. (BY MR. LONGWORTH) What's the status of the criminal investigation? 7 8 I'll rephrase it, Your Honor. 4 5 Yeah. MR. SLATE: Objection, Your Honor. Call for hearsay. 9 MR. LONGWORTH: If he knows, Your Honor. 10 MR. SLATE: Would also call for hearsay. 11 THE COURT: Without saying anything other 12 than yes or no, do you know what the status of the 13 criminal investigation is? 14 Not what the status is, if you know, but do you know one 15 way or the other? 16 THE WITNESS: 17 THE COURT: 18 Q. Just yes or no, do you know? No. Okay. (BY MR. LONGWORTH) And also, when I say 19 "status," are you aware if there is a criminal 20 investigation open right now? 21 A. Yes. 22 Q. And do you have any personal knowledge about 23 24 25 what is open? MR. SLATE: facts not in evidence. Objection, Your Honor. Assumes Assumes that there is one open. Cara C. Massey, CSR 713-222-4956 223 1 2 He answered that there is one MR. SLATE: I think he answered whether or THE COURT: Well, he answered two open. 3 4 THE COURT: not -- 5 6 questions. 7 said, no. 8 there is one that's open, and then he said, yes. 9 first one was objected to. One is: Do you know what status is, and he That was followed up with whether he knows if So the I asked him if he knew one 10 way or the other, and he said, no, regarding what the 11 status was; and then the second question was just 12 whether something is open or not; is that right? 13 MR. LONGWORTH: 14 open, and he responded, yes. 15 What was open, if he knew? 16 17 Was it And the next question was: MR. SLATE: That would call for hearsay, THE COURT: That's sustained. Judge. 18 19 The question was: Q. (BY MR. LONGWORTH) I want to walk through this 20 with you a little bit regarding the time period of the 21 28th to the 18th. 22 starting, you felt like the children were safe because 23 they were in a PCSP, correct? And prior to the 28th period 24 A. Correct. 25 Q. And had you had contact directly with the Cara C. Massey, CSR 713-222-4956 224 1 Fraziers? 2 A. Yes. 3 Q. How often would you say that you spoke to them? 4 A. Ms. Frazier primarily texted my supervisor 5 regarding updates, what's going on with Mason. 6 MS. PROFFITT: 7 object to nonresponsive. 8 he had. 9 THE COURT: 10 11 12 Your Honor, I'm going to He was asked how much contact That's sustained. Listen to the question. Q. (BY MR. LONGWORTH) How much contact did you have? 13 A. I've had a few conversations with Ms. Frazier. 14 Q. And has anybody else, that you're aware of, had 15 contact with Ms. Frazier? 16 A. Yes. 17 Q. And who was that? 18 A. My supervisor. 19 Q. And how often? 20 A. Perhaps, a couple of time as week, maybe. 21 Q. And does Ms. Frazier initiate these contacts or 22 was it -- or did you or somebody else initiate contact 23 with her? 24 A. I can't recall. 25 Q. And then regarding the nature of the contact, Cara C. Massey, CSR 713-222-4956 225 1 was the contact Ms. Frazier telling you about any 2 concerns about the children? 3 4 5 6 A. She gave updates regarding Mason, regarding his appointments and how he was doing, yes. Q. And they updated you on how the supervision was going with Mom? 7 A. Yes. 8 Q. What was your trust -- what was the amount of 9 10 trust you felt you had with the Fraziers being the safety monitors? 11 A. I had a lot of trust. 12 Q. If something was going wrong with the children, 13 did you believe she would reach out to you based on 14 these other updates she has given you? 15 A. Yes. 16 Q. And after you spoke with Dad on the 28th, is it 17 true that you said you thought maybe he might take the 18 children? 19 A. Yes. 20 Q. And I think the officer stated that you felt 21 like you could've done better, but you should've checked 22 and you didn't check? 23 A. Correct. 24 Q. One of the reasons I believe you said you 25 didn't check is because the Fraziers never sent you an Cara C. Massey, CSR 713-222-4956 226 1 update concerning that as being a problem; is that 2 right? 3 A. Correct. 4 Q. And you would've thought that they would've 5 sent you an update saying the children were with the 6 parents at that time? 7 A. Yes. 8 Q. So if you had known that the children were 9 10 gone, would you -- and were with the parents, would you have considered that a continuing danger? 11 A. Yes. 12 Q. And why is that? 13 A. Had I known earlier, yes. 14 Q. So why was it a continuing danger? 15 A. When the children were in a PCSP? 16 Q. No. 17 18 When they were removed from the PCSP into the parents' home. A. Because we have an unexplained injury, and the 19 children are back into the home of an alleged 20 perpetrator. 21 Q. And then later in the conversations that you 22 heard, you've referenced that Dad got -- Dad taking the 23 children. You heard that right? 24 A. Yes. 25 Q. When you said that, did you know that the Cara C. Massey, CSR 713-222-4956 227 1 2 3 4 5 children were gone? A. No. I didn't know they were gone until the 18th. Q. And as soon as you found that out, you contacted your supervisor on how to proceed, correct? 6 A. Yes. 7 Q. And then we ended up going to legal on the 19th 8 and filing the affidavit? 9 A. Yes, sir. 10 Q. And you believe there was a continuing danger 11 because the children were in the home with an alleged 12 perpetrator and a skull fracture that was unexplained, 13 correct? 14 A. 15 16 Correct. MR. LONGWORTH: Honor. 17 THE COURT: 18 MR. NGUYEN: 19 THE COURT: 20 5:30. 21 thoughts from anyone? 22 23 24 25 Pass the witness, Your All right. Redirect, Judge? I'm not planning on going past Any thoughts on -- I don't know if -- any (Brief scheduling discussion off the record) THE COURT: The Court is ordering that until we come back on Monday, the parents can have as Cara C. Massey, CSR 713-222-4956 228 1 much supervised visitation as the caregivers feel like 2 providing, including overnights. 3 have as much contact, if he wants, at any time between 4 now and then. 5 interference with custody or visitation by TDFPS. The ad litem is to Absent statutory emergency, no 6 Anything else we need to -- 7 MR. NGUYEN: Your Honor, my client's 8 requesting at least for a written order. 9 submit it today, I can swing by and give you an order. 10 11 THE COURT: tomorrow morning. 12 Yeah. If I don't Or you can submit it Ms. Ramon will get it to me. MS. PROFFITT: Your Honor, do we need it on 13 the record that TDFPS is going to come with counsel so 14 that we can schedule that other hearing or? 15 THE COURT: I mean, we have somebody from 16 FPS here. 17 someone be here. 18 sanctions can be here. 19 have no idea if it's going to be the county attorney's 20 office or their regional counsel. 21 hearing before where, I think, the AG's office stepped 22 in, So that's sort of out of my control. 23 it one way or the other. 24 They are aware that Counsel has asked that Whoever might represent them on That's way out of my bounds. We had one sanction (Court adjourned) 25 Cara C. Massey, CSR I 713-222-4956 We'll schedule 229 1 REPORTER'S CERTIFICATE 2 THE STATE OF TEXAS ) 3 COUNTY OF HARRIS ) 4 I, Cara Massey, Official Court Reporter in and 5 for the 315th District Court of Harris County, State of 6 Texas, do hereby certify that the above and foregoing 7 contains a true and correct transcription of all 8 portions of evidence and other proceedings requested in 9 writing by counsel for the parties to be included in 10 this volume of the Reporter's Record in the above-styled 11 and numbered cause, all of which occurred in open court 12 or in chambers and were reported by me. 13 I further certify that this Reporter's Record 14 of the proceedings truly and correctly reflects the 15 exhibits, if any, admitted by the respective parties. 16 I further certify that the total cost for the 17 preparation of this Reporter's Record is $1,374.00 and 18 was paid/will be paid by Dennis Slate. 19 20 WITNESS MY OFFICIAL HAND this the 14th day of October, 2018. 21 22 23 24 25 /s/ Cara Massey CARA MASSEY, Texas CSR 8967 Expiration Date: 12/31/18 315th Official Court Reporter 1200 Congress, 7th Floor Houston, Texas 77002 Phone: 713-222-4956 Email: Cara_massey@justex.net Cara C. Massey, CSR 713-222-4956