Knife-attack victim faces hopeful future while courts hold her back

Nearly lost on District Judge Gerald Hardcastle's Family Court calendar Tuesday is an update on the foster-care status of Brittney Bergeron.

With all the misery that flows through the family justice system, it might be easy to blend Bergeron's case into the mountain of others on the docket. But the 15-year-old's case is different and important, not just because she's the courageous girl who in January 2003 in an RV outside the Casablanca casino in Mesquite survived a vicious knife attack that killed her 3-year-old sister, Kristyanna, and left Brittney paralyzed from the waist down.

Even in a world of tragedy and hurt, where it seems there's daily competition for your tears, the events of that night shocked jaded Southern Nevadans.

The children were attacked by Beau and Monique Maestas, who later told police that they were ripped off in a minor methamphetamine deal -- they received salt instead of drugs -- by Brittney's mother, Tamara Schmidt, and her then-boyfriend Robert Schmidt.

Beau Maestas received the death penalty in the case. Monique Maestas received a life sentence. Robert Schmidt was sentenced to 2 to 10 years for child neglect. Tamara Schmidt was sentenced for 4 to 10 years, also for child neglect, for leaving her children alone in the RV.

But Brittney Bergeron's case is important for another reason. How our juvenile justice system treats her, this most innocent of innocents who has already endured more than a lifetime's worth of suffering, will say a great deal about the health of our community's soul.

Brittney has made it clear to anyone willing to listen that, although she loves her mother, she wants to be adopted by her foster parents, Judy and Bill Himel. The Himels not only have cared for her since shortly after the incident, but the experienced foster parents also have embraced her as their own child through her extremely trying transition into a wheelchair. Now the teenager is thriving, has a family and friends who love her, and she has no intention of looking backward.

Trouble is, after four years the parental rights of Tamara Schmidt have not yet been terminated. The biological mother has refused to step aside and let her daughter move on with her life. Attempts to act independently of the mother have been denied by Judge Hardcastle. An appeal of his decision is pending at the Nevada Supreme Court.

Although the judge has stated on the record that Brittney will not be returned to her mother, he's decided that continued foster care is the best course. It leaves open the likelihood of visitation by Tamara Schmidt despite the wishes of her daughter.

"I strongly believe in the legal issues that we raised to the Nevada Supreme Court and hope they will make a decision quickly regarding those issues and that she will remain in her adoptive home," said Deputy District Attorney Ron Cordes, who has worked on Bergeron's appeal.

I hope he's right, but even good news from the state's high court is expected to be months away. After four years, it's long past time for Brittney to get the family she wants, the one she needs.

"It's a shame it's been going on this long," Bergeron's court-appointed advocate Kim Coats said. "I am frustrated with the length of the process, but it's the process."

It's time the process worked for Brittney Bergeron.

Social workers and judges have difficult jobs. At times they must feel like paramedics at the chaotic scene of grisly accidents as they try to evaluate the broken families in hopes of salvaging lives. Their work is important.

But in Brittney's case the chaos is nearly past.

Her young life is in the process of being saved by people who have cared for her daily for the past four years. Surely the court can see that.

And if it can't, the citizens of this community should point out the obvious.

Some calls are difficult. This one is simple. Against all odds, Brittney Bergeron has found a safe and loving home. This courageous teenager wants to be adopted, and it's incumbent upon this community to make sure her wish is granted.

It's her life at stake, but it's our collective soul.

If we cannot stand up for this brave girl who cannot stand on her own, who are we?

John L. Smith's column appears Sunday, Tuesday, Wednesday and Friday. E-mail him at Smith@reviewjournal.com or call 383-0295.