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State v. Combs9/25/2002
ft. Joseph Combs agreed. Two or three days before the Carpenters' departure for Israel, Douglas drove Esther to a Hardee's restaurant in Denmark, South Carolina. Roger Combs met him there and then drove Esther to stay with his family at their home in Georgia. Thereafter, the Carpenter family's contact with Esther was limited.
Susan Combs testified that Esther appeared very nervous and withdrawn, small and "frail-looking," when she arrived at their home in Georgia. Esther also cried a lot, jumped when touched, and avoided most attempts to make eye contact. She possessed only a few "shabby," long-sleeved dresses and a cell phone. She could print, albeit poorly, but was unable to write cursive-style or spell well. She was also unable to make change with money or drive a car, and she did not have a Social Security card or driver's license. She had never heard of Elvis Presley. At first, she also refused to go outside the house alone. Every three or four days, she talked with one of her parents on the telephone. After these conversations, she usually appeared upset.
Susan noticed changes in Esther's physical appearance and demeanor after she stayed with them for a while. She had gained weight and changed her attire, e.g., she started wearing jeans and other styles of pants. She also established eye contact when she communicated with people, seemed generally happier, and laughed frequently. Although she was reluctant to walk past the edge of the yard by herself for quite a while, they continuously encouraged her to try and she eventually did so.
Esther telephoned Detective McCauley on February 20, 1998 from Watkinsville, Georgia, while she was living with Roger and Susan Combs. McCauley drove to Georgia, interviewed Esther, and took a statement. From there, McCauley went to the Baptist Children's Home in Indiana, where she subsequently discovered that the Defendants had never legally adopted Esther. Esther's natural mother was Rachel Garcia, a woman who lived in Michigan, north of Detroit. McCauley contacted Ms. Garcia, who then agreed to a blood test which conclusively proved that she was Esther's natural mother.
Dawn Rose Loftis, office manager of the Baptist Children's Home in Valparaiso, Indiana, testified that the home functioned as both an adoption agency and a group home facility in 1977 (the year of Esther's birth). At trial, Loftis identified the adoption agreement for "baby Garcia" (Esther), dated March 1, 1978 and signed by Joseph and Evangeline Combs, in which the parties agreed to adopt the baby girl within six months and also pay a fee to defray the home's expenses. Loftis testified that the infant Garcia was given to the Combs before the adoption was finalized. On September 10, 1980, the home sent a letter to the Combs, at their Indiana address, requesting that they send a copy of the final decree of adoption. The letter was not returned, and no reply was forthcoming. The home sent a second letter of request on January 9, 1984. Again, the letter was not returned and no reply was received. More than ten years later, on March 11, 1994, a third letter was sent. The letter was returned and stamped: "Forwarding Order Expired." As of the date of trial, the file on baby Garcia reflects that the home did not receive a final decree of adoption or any other communication from the Combs after November 8, 1979.
On March 6, 1998, Detective McCauley brought Esther back to Dr. Stiefel for reexamination. Approximately one year had transpired since the hospital incident and Esther's last examination. Dr. Stiefel noted that Esther had gained a significant amount of weight (approximately 24 pounds) and appeared "healthy, rosy." She made eye contact during conversatio
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