With most chase stories, it helps to know the “good” guys from the “bad” guys. In this particular case, however, those distinctions seem more than a little… Hazy. That’s because… Both sides thought themselves the “heroes.” Which was, in fact, entirely possible — though to get there, one might need to ignore a few details. That said, allow me to reacquaint you with the principals here. We’ve already heard from the first two: Neil Mackay versus the folks chasing after his son: Steve Goodenow and Ramon Villagomez. Then there’s the cops and the courts wiggling between these two. And that’s when things get interesting. This became a game of tennis with… multiple balls being tossed simultaneously.
If you recall, the first court order in the Trust Territories came from Associate Justice Judge Robert Hefner in Saipan. Presented with court orders from Alaska and Hawaii, Hefner held an in camera hearing and, given the testimony before him, issued an order awarding custody of Scotty Mackay to Steven Goodenow, who’d been authorized by two stateside courts to retrieve the kid. Simple enough. On that basis, he and Ramon Villagomez proceeded to Majuro to serve that order. And then were met by a Rodger Cotting committed to stopping them.
Mr. Cotting refused to accept service of the order relating to the custody of the minor. Mr. Villagomez indicated the scene at the airport involved a confrontation with Mr. Cotting. In the Matter of Neil (Scotty) P. Mackay, a Minor, A. Rodman Johnson, Acting Attorney General, Trust Territory of the Pacific Islands, 11 April 1978
A Slow Start
That was just the start. Of course it was. While in Majuro, Neil Mackay — Scotty’s father — engaged the services of one George Allen, a local attorney. His remit was simple: Get the local court to give over custody of Scotty to Rodger and Marie Cotting. On the opposing side, meanwhile, Ramon Villagomez was busy taking the next step in the judicial process. At 7:30 am on the morning of their arrival, Villagomez filed Judge Hefner’s order on Scotty’s custody with the Clerk of the Court in Majuro. And then… attempted to serve a copy of that order to George Allen.
Mr. Allen refused to accept service of the order from Mr. Villagomez. [The] information is unclear as to whether Mr. Allen knew what the contents of the order were. Presumably he did, but proof of the matter could be difficult and important. A. Rodman Johnson
(Courtesy UHawaii-Manoa Collection)
Very Important Business
It seems that Mr. George Allen had more important business before him. In fact, he had an appearance arranged in the Majuro lower court, presided over by Judge Kabua Kabua. Not only that, but apparently Judge Kabua had already decided how he would rule. A key witness to that fact? None other than Jim Winn, who noted that Kabua Kabua had never been advised by George Allen about the Higher Court Order before he issued his Lower Court Order. So can we say “shenanigans?” Or just judicious withholding of key judicial rulings? Apparently so. George Allen had been caught between masters from the start, beginning when Goodenow and Villagomez first contacted him about the Scotty Mackay matter.
[George] Allen came from his upstairs office and said he was in a meeting with Micronesian clients and would be detained for 10 minutes... Accepting Allen at his word, Goodenow and Villagomez decided to go down and get something to eat at a local restaurant... Ramon left to go back to the Distad's office, to check with him to see if he could get the process rolling for the pickup of Scotty Mackay. I waited to finish my, by this time, late brunch, and as I finished and was proceeding to leave, George Allen came in. He was sweating profusely. He was soaked clear through. There wasn't a dry spot on his red checkered shirt.
He proceeded to hand me some papers. I had gotten served with a lower court order which 1) conflicted with the higher court order by appointing as guardian of Scotty Mackay, Maria Cotting, the wife of Rodger Cotting and 2) restraining anyone from taking Scotty out of the jurisdiction. MEMO TO FILE, Steve Goodenow, May 1, 1978
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By Allen's own admission he was merely stalling when he went to the lower court and obtained his order. A. Rodman Johnson
By Saturday morning, however, the wheels were moving back toward Judge Hefner’s ruling. After more intervention by Villagomez, that is. Judge Hefner sent a cable to Jim Winn, instructing the Majuro Court that the High Court order took precedence over the Lower Court decision. That same cable went to… Kabua Kabua. And once more, George Allen entered the fray, this time with Marie Cotting firmly in his grasp. To stave off the Hefner Order, Allen filed a MOTION TO ABATE ORDER FOR TEMPORARY CUSTODY… On behalf of Petitioner Marie Cotting.
It is in the best interests of the child [Scotty Mackay] that the order entered by Justice Hefner… be abated, pending determination of temporary custody of Scotty in the Show Cause hearing on the Writ of Habeas Corpus… Unless the March 16, 1978, temporary custody order is abated, Scotty may be seized by police officers he has never met.
So there we go, with yet another mention of the cops. And still it took another intervention to bring George Allen in tow. In a three-way telephone conversation, Judge Hefner “informed” Villagomez and Allen that “the High Court order shall prevail over the District Court order.” Later that day — March 17, 1978 — Judge Hefner personally called Kabua Kabua and reminded him of that fact. Finally, Judge Kabua Kabua complied. Finally.
In Stall Mode
But things were more complicated than they appeared. During that “stall” fomented by George Allen and abetted by Judge Kabua Kabua, Scotty was moved again. Moved, in fact, off Majuro. Good luck finding him now. To add to the mystery… What was it about Chuck Sullivan entering the frenzy… again?
On March 17, 19 and 21, 1978, I saw Chuck Sullivan in Majuro. He was first seen by Ramon Villagomez and I at the residence of Rodger Cotting. The second and third time, Sullivan was seen at the Majuro Airport with Rodger Cotting... It should be noted that during this period we had firm information that Scotty and the Cottings, as well as Chuck Sullivan, were encased at the Cotting residence home, which was right across from the court house. MEMO TO FILE, Steve Goodenow, May 1, 1978
Courtesy Google Street Map
Across From the Courthouse?
At least the momentum was shifting. With the new ruling in place, The District Administrator — Jim Winn — instructed police to escalate their investigation and make a full throated effort to locate Scotty. Their first stop? The Cotting residence. Goodenow was there when the cops arrived. There when the cops knocked on the door. There when the only sound they heard was the bark of the Cotting’s dog. Next step? Get a search warrant. It wasn’t going to be pretty.
For this portion of the narrative, we turn to Majuro Police Chief Felix Cabrera. His narrative is telling, especially in the light it sheds on some of the major players. Consider his report about Jim Winn, the District Administrator:
"I asked him if he [Winn] could find out from Rodger Cotting concerning the whereabouts of Scotty since he had told me he doesn't know if Scotty is on the island. The following day I called him and asked about my request. He replied that Rodger told him he doesn't know anything about Scotty... [I noted that] Mrs. Jim Winn indicated she had seen Scotty at the airport with Mrs. Cotting about a week ago. Felix Cabrera, April 11, 1978, Scotty Mackay Incident
Small Town Vibes
Now, if you’ve ever lived in a small town, this little tidbit from Cabrera should tug a memory or two. In places like that, everybody’s in everybody else’s business. They can’t help it. And that wasn’t the only complicating factor. In a place as tight as Majuro, both Steve Goodenow and Ramon Villagomez were staying… At Felix Cabrera’s house. As Goodenow put it, “we slept on Felix’s couch… and ate Felix’s food.” For some observers, that put them firmly in the enemy camp. And Felix was going to hear about it.
"March 16, 1978 at approximately 10:00 a.m., Rodger Cotting telephonically contact me. Shouting on the phone, he told me he wanted to write a letter to the HiCom [High Commissioner] about myself for personal harassment and misconduct in public office and continues repeating he doesn't want to do it. I replied I'd appreciate it if he does and is wasting my time, if he is only bluffing. I told him there will be a court order to find the boy and I assured him I will do my best to locate the child and if he is wrong about his letter I will turn around and get him." Felix Cabrera, April 11, 1978, Scotty Mackay Incident
It wasn’t long before the dam broke. The proximate cause was a second hearing at the District Court House. It was here that, just before the hearing, Judge Kabua told Felix Cabrera that “he was not aware there was a High Court order and that he would not have signed the Protective Order [giving the Cotting’s custody of Scotty] had had he known.” At this point, Felix was not leaving anything to chance.
Before and during the hearing, I have assigned my officers to try and locate Mr. & Mrs. Rodger Cotting on logical places such as the residence of Ray Mackay [no relation to Neil]... and other places where I know he frequently visits especially on the weekends. The telephone rings constantly at his (Rodger) residence, but failed to revealed (sic) anything. I decided then to apply for a search warrant and after getting a warrant we forcibly broke into his residence... Myself, and the other Officers [then] proceeded and executed the search warrant by forcing ourselves in with a crowbar. The search revealed no one was in the house." Felix Cabrera, April 11, 1978, Scotty Mackay Incident
Another dead end for the cops. But again… Small town vibes prevail. There are only so many places Scotty can be. And then a breakthrough. Through a conversation with the American pilot of the local seaplane company — we’re talking islands here, after all — “it was gathered by Jim Winn and Steve Goodenow that the airplane had flown to Likiep on March 17th and that the boy might be hiding on that island at the Debrum mansion.” Affidavit of Ramon G. Villagomez, 11 April, 1978.
At this point, we’re starting to get thick into Marshall Islands history. Like really thick, because the Debrum mansion is legendary. We’ll tackle that in the next episode.
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