Little Mercies. Heather Gudenkauf

It was a case that I knew would end badly... I felt it in my bones the moment I walked into the home, and I was right.

      Madalyn Olmstead did not have an easy entrance into this world, nor did she have a gentle exit. Madalyn was born at Cedar City Hospital six years ago and spent the first ten days of her life in the Neonatal Intensive Care Unit for respiratory issues. I became involved when Madalyn was one and a home health-care nurse called my supervisor at the Department of Human Services and asked if someone could check in with Madalyn and her mother at their home. I was assigned the case. When pressed for details, the nurse was vague. “Madalyn needs to use a nebulizer for her asthma, but her mother has a hard time remembering what I tell her. I think she might have trouble reading but is a quick learner when someone shows her what to do. She seems great with Madalyn.” The nurse was quiet for a moment. “Honestly, it’s the husband I’m worried about. It’s like when he comes into the room all the air is sucked out. She becomes tense and all her attention goes right to the husband. He acts like a jealous sibling or something. He has no interest in Madalyn but to complain about how much time his wife is spending with her. She seemed scared of him. Can’t you just go over there and check? I’d feel so much better.”

      As a social worker, I was obligated to follow through, though based on what the nurse shared, I didn’t think I’d find anything that was actionable, but at least the father would know that someone was paying attention to the way he was interacting with his wife and his daughter. Three years later Madalyn was dead and I knew James Olmstead had killed her and he got away with it.

      Most often Madalyn comes to me in the violet-tinged mornings. That middling space between night and day. She has the sweet, unformed features of a toddler and sparkling gray eyes recessed above full, pink cheeks. Surprisingly, considering the way she was found, it wasn’t the most gruesome of deaths—very little blood and only a few bruises marred her perfect little body. It was the hidden, internal injuries that killed Madalyn. Still Madalyn’s short time on earth began with the violent expulsion from her mother’s womb into the cold, unforgiving earthly air and ended in violence, as well. It just couldn’t be proved. I knew differently and I think her mother did, too. Though she was too blind, too scared, to say so.

      When I wake up in the mornings, as the memory of Madalyn creeps beneath the covers with me and my snoring husband, my children sleeping soundly in the rooms down the hall, over and over I try to parse out just how her father, James Olmstead, got away with murder.

      I’d been in and out of the Olmstead home for years because of suspected abuse by the father. Neighbors to the Olmsteads would call the police because of loud fighting coming from the house. Twice Madalyn had to be removed from the home because the father had beaten the mother so badly. Twice, the mother didn’t press charges. Twice, Madalyn was returned to the home. There were contusions on Madalyn, but the kind you find on all children: skinned knees, bruised elbows, purple knots on the forehead. All explained away by Madalyn’s mother. Such a busy little girl. You have children, right?

      She was right, I do have children. Just before Madalyn died, Lucas was four and Leah was seven and they had the exact same kind of bruises. But as social workers, we know. We know which homes hold the addicts, the predators, the abusers. We just can’t always prove it.

      Two years ago, on a beautiful May afternoon, Madalyn Olmstead tumbled out of the third-story window of her apartment building and fell to the concrete sidewalk below. The only other person in the apartment at the time was her father.

      “She was out of my sight for only a second,” her father claimed. “She thought she could fly,” he cried convincingly to the news cameras. During the autopsy, besides the traumatic head injury, the medical examiner found suspicious bruising on Madalyn but not suspicious enough to call it murder. Because of his neglect, Madalyn’s father was arrested for child endangerment that resulted in the death of a child and was facing up to a fifty-year prison sentence.

      Even though I was convinced this was no accident, at the time I was satisfied that James Olmstead was being tried for the lesser charge and would have been content just having him put in prison. I prepared to testify against James. Over and over I reviewed the documentation of my visits to the Olmstead home, practiced describing the injuries I saw on Madalyn’s mother, the suspicious bruises I saw on Madalyn. The jury never heard my testimony. It can be very difficult for the prosecution to get a defendant’s prior bad acts entered into evidence, and the judge in this case felt that the facts would prejudice the jury too much. Our only hope was that the defense would open the door by providing testimony that it was all a mistake, that James’s character was much different than what he was alleged to have done. That he just wasn’t capable of hurting his daughter. The defense didn’t open that door, didn’t bring James’s moral fiber into testimony, didn’t have his wife or his co-workers at the foundry where he worked, nor the parents of children he coached in Tiny Tot T-Ball, speak on his behalf. Didn’t have James testify on his own behalf. As a result, the jurors were not allowed to hear of James’s abusiveness. He was acquitted. Too much reasonable doubt, the jury foreperson explained after the trial was over.

      Three months later, James and his wife sued the owner of the apartment building for not insuring that the window screens were safely installed. They won a tidy sum of money and were from then on known as the victims.

      I just knew that James had beaten his daughter and then panicked. In my gut I knew he made it look like she had climbed onto the windowsill, fallen through the screen and tumbled three stories to the sidewalk below. Madalyn was a fear-filled little girl. She was afraid of water, was afraid of dogs, was afraid of strangers, and was, most likely, afraid of heights. There was no way that Madalyn Olmstead would climb onto a windowsill and press her little hands against the screen. Never once in all the time I spent with her did she ever tell me she wished she could be a bird, wished she could fly. One thing I knew of for sure was that Madalyn was afraid of her father.

      Months after the trial, not Caren, my supervisor, not Joe, not even my husband would listen to me rant and rave about my suspicions anymore. “Didn’t the medical examiner say her injuries were consistent with an accidental fall?” Adam asked when I brought up my concerns for about the millionth time. I tried to explain that the medical examiner at the time was overworked and had a reputation of taking the lazy way out in determining his findings. Adam wasn’t sympathetic. “Ellen,” he said, “you’re making yourself sick over this. You need to stop worrying about this kid. No one else seems to be.”

      Adam’s lack of concern irked me a bit, but Caren’s and Joe’s dismissal truly hurt. In social work and police work, too, we not only deal with facts but gut instinct often prods us into action. I thought they would listen to my worries and would back me up when I suggested another in-depth investigation into Madalyn’s death. They were sympathetic, made all the right noises when I made my case to them, but in the end they said they were satisfied with the jury’s decision and I needed to drop it.

      In the end all that was left was the man who got away with murder, the woman who chose to protect him, and me, the social worker who was powerless to protect a four-year-old little girl named Madalyn Olmstead, who will forever be known as Little Bird, the little girl who thought she could fly.

       Chapter 2

      In the evening’s fading sunshine, ten-year-old Jenny Briard, on her knees, sweating and scraping at the hardscrabble dirt, did not have a reliable lucky charm, but she was determined to find one the first chance she got. Maybe a four-leaf clover or a horseshoe. Even a dusty old penny would do. Her father, Billy, in one of his rare moments of clarity a week ago, gave her a rabbit’s-foot key chain for her tenth birthday. No matter that he gave it to her two weeks late, Jenny wanted to cherish the silky white limb. But try as she might, the thought of a rabbit relieved of its paw to enhance the good fortune of others made her stomach flip-flop dangerously.

      “What the hell? What’re you doing out here?” her father mumbled when he came upon Jenny trying to bury the rabbit’s foot in the weedy area behind the motel where they were currently staying. Jenny tried to hide behind her back the pocketknife she had lifted from her father’s jeans