Now’s a good a time to place Scotty’s “adventure” within its larger context. Here’s our keyword: Contempt. As in “contempt of court.” Which takes us, of course, to a consideration of legal process in Alaska, Hawaii and, finally, Micronesia. For it’s in that latter spot — in Majuro of all places — that the ruse ultimately runs out of time. Be forewarned: it’s a dizzying ride, even as the courts put all their wisdom and judgment into play.
As an aside, one wonders how Neil S. Mackay -- who is and always will be at the center of this fiasco -- managed to piss off so many courts over such a wide swath of the globe. A mere cavalier dismissal of these institutions seems insufficient. But, let's start with that anyway. Cavalier. And maybe... Arrogant? Ya think?
(Courtesy Pamela Cravez,
The Biggest Damn Hat)
Where To Begin? A Quick Recap!
Although there are many waypoints within Scotty’s months-long misadventure, a key turn in the plot came when Neil Mackay’s then-attorney, A.D. Talbot, sent a presumptive missive to Robert Wagstaff, Scotty’s court-appointed attorney in the custody matter. Presumptive in that Talbot assumed things that were not in evidence in any real world they co-inhabited. I quote from Talbot’s letter below. Even as I perused it the first time, my reaction was, “Really?”
December 12, 1977
Mr. Robert H. Wagstaff
FROM: A.D. Talbot
RE: Mackay vs Pfeil, No. 76-7886
Neil had some urgent business requiring his presence in Hawaii and so he and Scotty flew to Honolulu Sunday night, December 11. Neil was lucky to get a reservation on such short notice and Western Airlines said it was either go Sunday night or not at all, until after New Years.
I know from the papers you filed last December that you are a strong believer that Scotty should spend some time in Hawaii, so I trust this development is OK with you. We requested an order stating that the Court did not object to Scotty's going to Hawaii and California, but I understand from the Clerk of Court that Judge Madsen has declined to consider our application without giving you and Mr. Baily a chance to be heard. A copy of our application is enclosed.
So, right off the bat, Talbot is announcing that… The cat is out of the bag, dude. Scotty has already left the building. Do what you will, Mr. Wagstaff. Scotty is in Hawaii with his dad. You approved this, right? Of course, Talbot goes on to color this with all sorts of justifications. The child psychologist and behavior therapist who examined Scotty and said — in Talbot’s words — “there was no reason to question Neil’s right to do this.” And then the obligatory apologia for Scotty’s missed visit with his maternal grandmother. That one’s a doozy.
I know that both you and Grandmother Pfeil have asked to see Scotty and I did my best to arrange that last week but, as you know, Alaska Treatment Center decided, and I suppose wisely so, that the Center must have a written request from the Court and also a written understanding with the parties and counsel as to just what it is the Treatment Center is being asked to do.
(in Full Alaskana)
Ah, the tender mercies of bureaucratic speak! As Neil Mackay has consistently demonstrated, there’s no love lost between him and Grandma Pfeil. His attorney seems more than willing to go along with the conceit. He even tries to place the blame elsewhere. What? Really? Here’s the cryptic quote:
I now regret that you and Mrs. Pfeil did not take advantage of previous opportunities to visit with Scotty. As you know, Neil agreed months ago to Wayne Ross's proposal that Wayne take Scotty on visits to his Grandmother, but Mrs. Pfeil was not agreeable to that.
Maybe that was because, whatever his sterling qualities might be — and there were several — Wayne Ross was also a well practiced curmudgeon, at least when it came to siding with his friend, Neil Mackay. We’ll see more of Mr. Ross later. He sticks his nose in deep.
Alaska Court Responds
Okay, we know that the wheels of justice turn slowly and all that. So, no surprise that more than a month went by before the Anchorage Court promulgated its responding order, followed by another one a little more than a week later. Lest any reluctance remained on Neil Mackay’s part, the Court spelled it out explicitly. Alas, sometimes people choose not to take such things seriously. No doubt, there are other points to prove. “Bigger” ones.
Order
17 January 1978
Alaska Superior Court
Neil S. Mackay departed the State of Alaska on or about December 11, 1977, taking “Scotty” Mackay with him and that he is now in the State of Hawaii and has refused to comply and continues to refuse to comply with the Orders of this Court to return “Scotty” Mackay to Alaska on the first available transportation, and being fully advised on the premises, IT IS ORDERED that the Order of this court dated September 14, 1977, in which the temporary placement of “Scotty” was continued with his father, is hereby VACATED and SET ASIDE and the Order of the Court of May 6, 1977, naming Alfred and Carolina Willis as guardians and custodians of Neil “Scotty” Mackay is hereby reinstated in full and in all respects. DATED in Anchorage, Alaska, this 14th day of January, 1978
Hear that Neil? The Court has spoken. Any presumption that Scotty is fully and legitimately in your custody is now gone. We also know what happened next. The states of Alaska and Hawaii sent orders to retrieve Scotty from Neil Mackay and return him to Alaska. And the words of the day were: Contempt, contempt, contempt. Did Mackay, Talbot, Ross et al really intend to take on Madsen?
Order to Show Cause for Contempt
26 January 1978
Alaska Superior Court, Judge Roy H. Madsen
Kodiak Superior Court Judge
(5) That Neil S. Mackay, although he knew of the trial setting on December 14th and that he had not been granted custody of Scotty and without complying with the Order requiring the posting of a performance bond, departed Alaska on or about December 11th taking Scotty Mackay with him without... [His court appointed governess] [...]
(7) That the Court on December 14th, 1977, directed Mr. A.D. Talbot, co-counsel with Neil S. Mackay, to communicate with Neil S. Mackay and direct him to return the child to Alaska by the first available transportation [...]
(12) That on Wednesday, January 18, 1978, A.D. Talbot did contact the Court and advise it that the message had been conveyed, but that his client, Neil S. Mackay, was adamant in his refusal to return “Scotty” Mackay to Alaska.
Escape From Hawaii
In case you missed it, we’ve previously written about what happened next. Indeed, A.D. Talbot is making broad hints in that direction. To summarize: In a their attempt to recover Scotty Mackay, Honolulu police detectives fanned out and tried to capture, then arrest, Neil S. Mackay. Which, in turn, precipitated Neil Mackay’s Escape from Hawaii. There you go. Sometimes what starts badly, ends badly. And when it comes to contempt, sometimes it spreads, passed along like a disease, from one person to the next.
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