February 1992
During one of many phone calls, Kelly informs Connie that she would like to give her the child she was pregnant with. This is the first Connie heard that Kelly was pregnant. Connie is surprised and didn't commit to doing this until she had spoken with her husband.
Kelly asks Don to come to Arizona to help her move Tim Hoyle, her boyfriend out. She insists their relationship is over and he has become violent. Don spends some time with Tim. Tim reassures Don that he would like him and Connie to adopt his baby.
March 1992
Connie informs Kelly that she and Don would be honored to have her child. Kelly's needs are discussed, including diet, medical, and financial needs. Connie assumes she and Don would all be present for the birth. During a phone conversation between Connie and Kelly, the call is interrupted by a call from an abortion clinic. Kelly informs Connie that she has cancelled her appointment.
June 1992
Kelly is reluctant to let Connie breastfeed the child. As Connie senses a strain in the realtionship, she discusses with Kelly the importance of Kelly taking responsibility for her own child.
July 1992
Kelly and her 2-year-old daughter, Tabitha, come for a visit. Kelly and the Hanes attend a session with the Hanes' family therapist, Dr Kenneth Jackson. He counsels them to meet with someone at L.D.S. Social Services. Connie expresses her reservations about Kelly's decision to give up her child. Kelly decides that she would prefer an open adoption with the Hanes.
Sept 1992
Kelly is now concentrating on delivering her child vaginally, a first for her. She asks Carrie, the wife of Don's friend Tom Goelitz, to be the coach. Carrie assures Connie that everything will be alright and Don will make a fine father.
Oct 1992
Connie goes to Arizona to be present for the birth of this little girl, whom Donald wants to name "Zenith".
Kelly is late and there is some talk by Dr. Marotz of inducing her. After frequent return visits, she is finally admitted. After a day of hard labor, she decides on the cesarian. Even though the Hanes want very much to adopt the child, Connie hopes that Tabitha can be present for the birth, believing that Kelly would be able to share this special moment and create a family bond and thus, keep her own child.
October 20, 1992
Zenith is born by cesarian section at 10:28 pm on Oct 20, 1992 at Chandler Regional Hospital in Chandler, Arizona. Connie participates in the delivery. Connie takes Zenith to the nursery and she was weighed, etc. Connie asks them not to treat her eyes until she has seen her mother. Connie takes Zenith to Kelly's room. Kelly turns her head the other way. Connie places Zenith in Kelly's arms, but she hands her back. Tim is not present at the birth nor did he provide for Kelly during her pregnancy.
Because Connie so anxiously encourages Kelly to take responsibility for her child, she tries to persuade another couple to take Zenith. Connie visits one evening when Kelly has 2 other visitors, Lisa and Cecil. It is obvious that Cecil wants to adopt Zenith. Lisa doesn't seem very interested. While Kelly and Lisa went walking Cecil and Connie have a very serious conversation about Don and Connie taking good care of Zenith. Afterwards, Connie feels he understands that Zenith is not available.
Approximately October 24, 1992
After Kelly is discharged, Tim stops by to see the new baby. Connie speaks with him. He says that "Don and Connie would be alright" as parents for this child. Later, He and Kelly go out to dinner to fill out a thick group of papers about his background. This information, hopefully, would be useful in the future for Zenith.
Approximately October 25, 1992
The breast-feeding is a chore Kelly can not maintain, especially because she doesn't want Zenith to sleep with her. The breastfeeding ends.
October 28, 1992
Kelly wants Connie to take Zenith and go. After much convincing, Kelly agrees to fly to Utah on Connie's return flight and Connie finds a ride for herself and Tabitha. Connie feels Kelly will need the help caring for a 3-yr-old and recovering from major surgery. Don meets Kelly at the airport. Don tucks Kelly and Zenith into the bedroom Connie has prepared.
Kelly refuses to keep the bassinet in her room, so it is put into the living-room. All the while, if there was any chance that Kelly would take the responsibility for this perfect, precious, little beauty, Don and Connie wanted her to do that. If not, they were absolutely ecstatic to be her parents.
Connie returns to work and because it is only a few blocks away, she can pop in and out on breaks, etc. After about 2 weeks, Kelly informs Connie that she will be returning to Arizona soon. Connie asks Kelly not to abandon the child with no means of security. Kelly calls the family attorney, E. Craig McAllister and asks him to create a petition for adoption. Filed Nov. 5, 1992.
Kelly appears before Judge Park and gives up her rights and gives consent for the Hanes' to adopt.
November 20, 1992
Connie's mother, Anna Rae Miller, arrives with Connie's sister in-law, Teresa Miller
to attend the infant's blessing on the following Saturday.
Photo at the blessing -13k
Larger - 21k
November 22, 1992
Kelly has arranged a ride for herself and her daughter, Tabitha. She leaves very early, without saying goodbye. Donald and Connie move the bassinet into our bedroom and take possession of the full responsibility of the child.
Kelly speaks with Tim to arrange for his notarized signature upon a consent form. Dated Nov. 27.
December 4, 1992
The Hanes close on their new home. Don is now working 20 hours per day as tax season is quickly upon him. Don and Connie are both exhausted with the changes.
December 16, 1992
Kelly comes to Utah early for Christmas at Connie's request to help after Connie's maternity leave while Don is working 20 hrs a day. Zenith continues to sleep in Don and Connie's room.
Approximately December 18, 1992
Jennifer Goodmanson moves in with the Hanes to help out. She helps with cooking, as well as child care. Kelly is often absent; twice for a whole week.
Kelly informs Jennifer that she feels this is really working out.
Approximately February 6, 1993
Kelly insists she must leave. The Hanes ask her to stay on until March 15, when the tax season for a programmer is over. Connie is working between 20 & 30 hours per week and plans on quiting in April. Jennifer also is working full time. Kelly is needed to help with Zenith. A family council is held. Connie could not decide, Don weeps and says that they must let Zenith go with Kelly. The agreement is that she would stay for 3 weeks, at which time tax season would be over.
February 9, 1993
Kelly leaves with Zenith.
March 1993
Kelly does not return in 3 weeks. Connie stays in touch with Kelly regularly. Since she has no plans to return, Connie asks if she is planning on keeping Zenith. She makes a joke of this and is unclear about her intent.
Don and Connie discuss what they should do. When Zenith left the Hanes missed her terribly. They decide that Connie should go and get her. Don is buried in his work.
Jennifer moves into her own home.
Approximately April 20, 1993
Connie flies to Arizona and stays a few days with Kelly. Her arthritis is acting up. Connie sleeps with the little girls in their room. She asks Kelly how she intends to return her to the airport on the return flight. She tells Connie that she will leave the girls alone (Tabitha is 3) and that Connie shouldn't worry because they will only be alone for about 10 minutes. Connie asks Kelly if she can take Zenith back. Reluctantly, Kelly agrees.
April 22, 1993
Connie returns to Utah with Zenith. She arranges child care. The Hanes' home upstairs has become a rental and the pressure is off economically.
April 27, 1993
At 5:25 pm, as Connie is closing up at work. Kelly arrives and tells her "the vacation is over". She says that she is taking Zenith. Connie asks her to stay and talk about this. She refuses. Connie tells her if she takes Zenith she will be doing so against her wishes. Connie has no idea that Kelly has already taken Zenith from the sitter. Kelly leaves. Connie returns home to find Zenith gone.
Approximately May 4, 1993
The Hanes' attorney, E. Craig McAllister, calls to say it is time to complete the adoption. The Hanes decide to take up the legal responsibility that was theirs and begin to arrange to to get Zenith back peacefully. They make an appointment on Father's Day to meet with Kelly near the Grand Canyon. Kelly doesn't come.
July 8, 1993
Don arranges the second meeting. Kelly has a plane change in Salt Lake City returning from a trip to Oregon. The Hanes hope to encourage her to stay and talk about this. Kelly insists that she can not stay. The Hanes know then that their only choice is to keep Zenith. Connie begins to leave with Zenith. A terrible scene occurs. The airport authority forces Connie to give Zenith to them even though she shows them the petition and they speak with the Hanes' attorney while he quotes the law over the phone.
They agree to hold Kelly and Zenith until the Hanes could return with a pickup and restraining order. The Hanes meet Mr. McAllister at the courthouse and pick up the order. Before returning, Mr. McAllister calls the airport authority and asks where they should deliver the order. The airport authority informs Mr. McAllister that Kelly has already been released.
Approximately July 10, 1993
The Hanes get a warrant for Kelly's arrest for custodial interference. Connie goes to Arizona to get Zenith.
July 13, 1993
Mesa, AZ police pick up Zenith.
July 14, 1993
Connie gets Zenith from Child Protective Services. Don and Connie drop the charges on Kelly.
July 19, 1993
Kelly appears in the 4th District Court on a restraining order with her Pro Bono Attorney. While there, she files a motion to object the adoption. The Hanes suggest that Kelly have supervised visitation, hoping it could still be worked out as a family. (Although Kelly does not visit until October). Judge Davis comments that there should be a full evidentiary hearing and that it is a sad day. Judge Parks comes up on the rotation to hear the matter at a September 7th pre-trial.
September 1993
Judge Parks recused himself. He cannot rule in this matter because he may be called as a witness to the consent. Judge Guy Burningham is selected, who is new on the bench. Mr McAllister is disqualified as the Hanes' attorney so he can be called as a witness. The Hanes hire Tom Patton.
October 20, 1993
Kelly comes for her first visit.
Day after Thanksgiving 1993
The Hanes meet with Kelly in Flagstaff, AZ. for Kelly's second visit. Zenith has forgotten who Kelly is by this time.
November 8, 1993
Although in Utah, grandparent adoptions do not require a guardian ad litem, Judge Burningham chooses R. John Moody to be the guardian ad litem. He is unmarried, with no children and is a recent graduate of the law school. The judge suggests mediation.
December 25-30, 1993
Photo from about this time - 14k
Larger - 24k
Kelly comes for a visit. An attempt at mediation proves unsuccessful. Her deposition is taken. She admits had used drugs until January 1992. Visits occurred in the Hanes' home. Zenith and Kelly are estranged. Tabitha is present. There is lots of contention when Connie is present for the visits. By this time Zenith is walking, talking, and bonded to the Hanes.
Approximately March 4-9, 1994
Kelly comes to hear the depositions of the Hanes. 2nd round of mediation fails. She is willing to grant the Hanes permanent custody (instead of adoption), however they feel this would be an invitation to years of court battles. She visits again.
Kelly comes to Utah to attend the pre-trial. The Hanes' attorney, Mr. Patton, who had been insistent on a custody settlement against the Hanes wishes, withdraws at the beginning of the hearing. Don and Connie are shocked at Mr. Patton's withdrawal and the fact that he continues to represent them to the conclusion of this hearing. At the hearing, Mr. Patton agrees with Kelly's attorney, Mr. Hutchinson, and Mr Moody that Dr. R. Jay Thomas could do some evaluations and home studies. Nowhere is it recorded that Connie or Donald agree to a custody evaluation even though the judge asked both of them. The Hanes' understanding of the custody settlement being offered was that it would not provide a permanent home for Zenith. The option would always exist for future court battles, whereas adoption would be permanent. In the Hanes' opinion, adoption is the only answer. Whether they won or lost, Zenith would still have a home and the family would be intact. A custody evaluation would create competition between the custodial mothers, Connie and Kelly, and Zenith is not an award to be won. (A link to some articles about custody as opposed to adoption)
Kelly visits.
June 18, 1994
The Hanes meet with Dr. Thomas. Over several appointments through the summer, he interviews everyone.
June 22, 1994
Don and Connie meet with Dr. Thomas again. They explain that they are not interested in a custody evaluation and they want a home study. They are indifferent about psychological evaluations and evaluations of Kelly. Dr. Thomas refuses to proceed until there are arrangements for payment and some clarification regarding his role.
June 30, 1994
R. John Moody, guardian ad litem, sends a letter to Dr. Thomas including minutes of the May 20 Hearing wherein he directs Dr. Thomas to do a custody evaluation and home study. No order is signed or filed in the court docket.
July 15-19, 1994
Kelly comes to see Dr. Thomas and she visits the Hanes. By this time Zenith is 20 months old. She enjoys playing with all children. Tabitha comes with Kelly. Zenith is enjoying Tabitha, but she does not have a name for Kelly yet. She seems to allow Kelly's presence. Don begins providing the supervision to reduce the contention.
August 5-7, 1994
Kelly visits when she comes to see Dr. Thomas.
August 15, 1994
Dr. Thomas's report is due but a family emergency prevents him from completing it.
October 19-23, 1994
Photo from about this time - 20k
Larger - 33k
The judge orders the Hanes to provide Zenith to Kelly for lengthy, unsupervised visits after conferring with Dr. Thomas. Before the first scheduled visit of 6 hours, Zenith begins to show signs of anxious attachment. She clings to Connie all day before Kelly arrives. When Kelly returns Zenith, she is asleep and sleeps for 15 hours straight. The next morning she is very aggressive and hurtful with other children for the first time. In the following 3 weeks she will not allow Connie out of her sight. She now calls Kelly "Nee Nee". This is a nickname that Kelly has been calling Zenith for some time now.
November 15, 1994
Don, Michael, Zenith, and Connie have an appointment with "The Family and Attachment Center", otherwise known as "FAC" (face). Mr. Craig Ramsey M.A. M.F.T. evaluates their attachments and level of bonding with Zenith. He prepares an evaluation for the court.
November 21, 1994
Dr. Thomas completes his report. His report finds the Hanes fit to adopt and that they are bonded to Zenith, but his conclusion is that custody be returned to Kelly due to the strife in the family situation. In the attached letter, the Hanes are invited to confer with him about his conclusion. Don calls immediately. Dr. Thomas leaves a message on Don's voice mail saying that he will not speak to the Hanes until there is no further litigation.
November 30, 1994
Hutchinson, Attorney for Kelly, files a Motion for Summary Judgement based on Dr. Thomas's report.
December 28, 1994
Photo from about this time - 15k
Larger - 29k
The Hanes return from Christmas vacation to Logan (where Don has a new job). The next morning, Don goes to work at 9:00 AM and there is a message on his voice mail about an emergency hearing in Provo (135 miles away) at 10 am. The Hanes' attorney is out of town. They are frantic, as well as suffering from some type of flu.
Zenith has a sore throat, vomiting, diarrhea, and a fever. Even though the court had said there would be two week notice given before visitation, the Hanes are ordered by the court to provide Zenith in Provo at noon on Dec. 29 for 6 hours of unsupervised visitation, for three consecutive days before overnights begin.
December 29, 1994
The Hanes take Zenith to see Dr. Hlavaty, an unfamiliar Pediatrician in Logan. He prescribes an antibiotlc. Connie explains the need to drive 5 hrs per day to provide her for the visitations. The doctor agrees that Zenith would be better off at home at least until the antibiotic starts to work. There was no diarrhea or vomiting today. The attorneys agree that the visits can start on Dec. 30.
December 30, 1994
Don misses work to provide Zenith for visitation. Zenith returns at 6 pm exhausted.
December 31, 1994
Zenith is very disoriented and tired when the Haneses pick her up from her second day. As she sits in Connie's lap, she keeps saying "Mommy" "Mommy". She is happy to see her. She is very cuddly and she is relieved to know that "Daddy" is still daddy. Connie asks her where her mommy is. She looks delighted and throws her arms around Connie and says "You're my mommy!" Zenith will no longer sleep in her bed alone. She shakes and jerks in her sleep.
January 2, 1995
The Hanes ask the FAC for help. Dr. Brian Arnesen, Ph.D. Licensed Psychologist makes a house call. Zenith is hiding under the bed and is very tired and cranky. Later, he confers with Mr. Ramsey from FAC.
Zenith has completed her first over night. The Hanes get a second opinion from Dr. Williams Ph. D. Licensed Psychologist, at 10:30 am. He observes that Zenith is stressed and withdrawn. "A typical result of this sort of thing," says Dr. Williams.
At 1 pm, Zenith sees Dr. Simmons, her regular Pediatrician. Her tonsillitis is now a virus.
At 3 pm, Zenith attends with the family to see Dr. Jackson, M.F.T., who normally sees Michael for his anguish from all this. Dr. Jackson observes hair-pulling and other aggressive, angry responses from a previously happy little girl.
At 4 pm, Mr. Ramsey arrives at the Hanes' home. He is very upset about what is happening to Zenith. Don and Mr. Ramsey go to see the attorney immediately. Mr. Ramsey writes his affidavit the next day.
January 7, 1995
10:30 am Dr. Arnesen comes by to see Zenith again. Everyone wishes they could do something.
January 12, 1995
Zenith and Connie go to see Mr. Ramsey. She has been very angry and is trying to hurt everyone. She hides behind his couch in his office. She cannot make eye contact. She is constant destructive motion. Mr. Ramsey teaches Connie more about "holding" techniques.
January 19, 1995
Hearing for Motion for Summary Judgement is held at 1:30 pm. It all appears very good. Motion is taken under advisement. During the hearing the judge even mentioned how maybe he was wrong in not granting the first motion for summary judgement when Mr. McAllister asked for a judgement about Kelly's consent.
January 24, 1995
The court rules. The petition for adoption is dismissed. January 31, 1995
Bishop Peterson writes a letter to the Judge . The Judge never sees it.
Febuary 1, 1995
The Hanes return to court for a motion to stay upon appeal and motion for additional pre-placement adoptive study. They are denied.
Febuary 4, 1995
The Hanes understand this as a time when Kelly would learn about Zenith's routines. Kelly expresses this as a time to show Zenith who is the boss. Michael takes a break from school to be present.
February 21, 1995
This was the last night that Zenith slept in the Hanes home. Zenith spends the night in the room across the hall with Kelly. Zenith cries out all night "Mommy, Mommy, I want my Mommy".
February 22, 1995
The Hanes motion for the appellate court to stay Burningham's decision is denied. Don comes home with the news and shares it with Connie.
February 23, 1995
The Hanes get to have Zenith at home for a few hours. They are totally unprepared for this day. The Hanes pack her things and tell her that she is going to stay with Tabitha and Kelly. At noon, when Kelly is due to pick up Zenith, she arrives with some strange woman from Kelly's lawyer's church. Connie told the woman it is not a good time to have visitors and that she is welcome to wait outside. The Hanes said their goodbyes as best they could. In the afternoon the family meet at Ramsey's office to complete the exchange. Before seeing Zenith one last time, Connie gets permission from Mr. Ramsay, M.A., M.F.T, clinical director of the Family and Attachment Center, to express her feelings to Kelly. Connie gave a heartfelt plea to keep the two families close. Kelly was absolutly heartless. Kelly scolded Connie telling her mother she should have known better. The Hanes give Zenith some pictures, mementos, and a dolly. Then Kelly takes Zenith by the hand and walks out of the room. Zena just looked up and said, "I don't want to go." Mr. Ramsey wept.
March 4, 1995
Kelly assumes visitation must be supervised and schedules the first visit at the office of her therapist, Anthony L. Rubin. Rubin writes a letter attempting to prevent Connie further involvement with Zenith.
March 17, 1995
Visitation Order is completed by the Utah Court. Up to this time Kelly has resisted most of Connie's requests for visits. Connie would often wait at the meeting location but Kelly would not arrive.
March 19, 1995
Second Visit.
March 24, 1995
Connie asks for visitation on Saturday but Kelly says she is too busy. Instead Kelly offers Friday night from 6-9 PM at a bar on the opposite side of Phoenix. The purpose of having the visit in a bar is Kelly's interest in a member of the band playing there. After 2 hours of loud music and cigarette smoke Connie can take no more, tells Kelly that the girls really should be in bed and Connie leaves. The girls remain at the bar with Kelly.
March 25, 1995
Fourth Visit. Connie and Don talked with Craig Ramsey before the visit to see if there was anything they could do to help the process.
March 28, 1995
Status Hearing is held. Kelly is encouraged by the judge to use Connie as a babysitter and family counseling is ordered.
March 31, 1995
Fifth visit.
April 6, 1995
Sixth Visit. Connie babysits for both girls while Kelly goes to her women's meeting but Kelly deducts the time from the ordered visitation.
Seventh visit.
Don and Michael came to Arizona to visit for Easter. A family event at the Mesa Temple grounds for the evening is arranged. An arguement arises between Connie and Kelly. Kelly calls here boyfriend, Michael Angelo Bubbico and he assaults Connie in front of the children. Connie suffers a black eye and two broken ribs before the crowd can pull Bubbico off of her. Charges are filed against Bubbico. Kelly refuses further visitation.
April 18, 1995
Kelly finally decides to participate with in the counseling that was appointed by the judge in March. Jo Sadalla (the councelor)helps Kelly and Connie to arrange visits in a orderly manner. Visits resume. Kelly is disrespectful and verbally abusive during the sessions.
April 19, 1995
Eighth Visit. At last, visits become somewhat routine with 2 visits per week one for 4 hours and one for 5 hours.
May 4, 1995
Photo from about this time - 20k
Larger - 36k
Motion is filed to hold Kelly in contempt of court for inciting a violent action and for not allowing Donald to exercise his court ordered visitation. Mr. Bubbico is asked to be restrained from visitation where Zenith is present.
May 26, 1995
Visits have been regular with Zenith. Visits are arranged in Jo Sadala's office. Kelly continues to attack, accuse and be verbally abusive to Connie during weekly visits with Jo Sadala. Kelly gives permission to take Tabitha on a weekend trip camping in southern Utah with the Hanes. Zenith is not allowed to go but left with a variety of babysitters instead.
June 1, 1995
Michael comes to live in Arizona. Kelly often sends Zenith with a babysitter dispite the court order to use Connie as a sitter. At least 5 different people deliver Zenith for visits.
July 15, 1995
Photo from about this time - 17k
Larger - 31k
Kelly sends a babysitter to pick Zenith up. Connie refuses to take the liability of turning Zenith over to a babysitter she doesn't know. Police are summoned to inform the babysitter. Don calls Kelly at work to arrange for her to pick up Zenith. They meet at the Police Station as the officer suggested.
July 22, 1995
Kelly has started the weekend visits later so that the babysitter can do the drop off since they can't do the pick up. Now Zenith arrives in 115 degree heat in the back of a jeep in the sun almost passed out (the driver's seat was shaded).
Still pending are the hearings on both the assault charges in Mesa and the contempt charges in Provo. Connie and Don begin searching for court records. They find another time Mr. Bubbico is cited for assault on June 21, 1990. They also find a marriage license for Anthony Rubin (Kelly's therapist). He is married to Mr. Bubbico's sister, Deborah Ann Bubbico on February 5, 1988.
By this time Zenith has head lice and is showing clear signs of vitimin deficiency.
Mr. Bubbico is tried and convicted on the charges of assault and disorderly conduct. He is ordered to pay $6.86 in damages (the remaining 90% was paid Donald's medical insurance). Here is the full text of the judgement against Mr. Bubbico.
The Utah comtempt hearing is scheduled for the next day. The Hanes family drives all night to be present. The attorneys, the judge and John Moody (the guardian ad litum) confer before the hearing. Despite the breakdown in counciling, the vitimin deficency, the headlice, sunstroke, and the beating, John Moody reports everything is fine and there is no need for a hearing. Without the hearing Mr. Bubbico is not even barred from further visits. The Judge never sees the pictures of the black eye and multiple other bruises and the x-ray of broken ribs.
