Baby Formula

Take one Mexican father, one drug-addicted mother and a pair of foster parents. Take away one baby.

A A A Comments By Julie Jargon Thursday, Sep 7 2000

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Romero is arguing that the foster parents' alleged tampering with Ponciano's visits is a serious offense. She points to a state kidnapping statute that states: "Any person, including a natural or foster parent, who, knowing that he or she has no privilege to do so or heedless in that regard, takes or entices any child under the age of eighteen years from the custody of his or her parents, guardian, or lawful custodian, commits a class 5 felony."

Ponciano is now turning to Mayor Wellington Webb's office and to the manager of the human services department for help; he filed a complaint on August 20 and requested that they review the Gomezes' foster-care license and investigate their alleged interference with his visitation time. He also requested that they look into the conduct of caseworker Pat Killen and case aide Raul Escalante.

Julie Jargon

Life moves a little slower in Rancho el Mezquitillo.

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After Westword requested interviews with the foster parents, their attorney filed a motion asking the judge to restrict any parties involved in the case from speaking to the press. At the August 24 hearing on that and other motions, Judge Wakefield said it's not his job to restrain anyone from talking to the media. He also issued a stern admonition to McConaughy and Romero for the vitriolic tone in their recent motions and said that the already circus-like atmosphere of the case has only been enhanced in recent weeks as Romero and McConaughy have continued to file frivolous motions; Romero, for example, requested that Rosa be immediately removed from the Gomez home even though there is no evidence that she is in any danger there, and McConaughy asked that Romero, a private attorney, be removed from the case.

His job, Wakefield said, is not to waste time ruling on groundless motions, but to decide the fate of Rosa Avina, which he will begin to do at a three-day hearing scheduled to start on September 20. If Wakefield finds guardian ad litem Littman's arguments persuasive enough to terminate Ponciano's parental rights, the father is prepared to appeal (as are the Gomezes, if the case goes the other way).

While he waits, Ponciano still gets up every morning and puts in a hard day's work, trying to make it through the week until Thursday evening, his one chance to see his little girl. "I want her to live like God intended us to live: happy," Ponciano says. "I want her to live happy in Mexico."