Anna Mae Custody Battle Nears End

May 24, 2007 — -- The family that raised 8-year-old Anna Mae He since infancy learned late yesterday that U.S. Supreme Court Justice John Paul Stevens has turned down its bid for an emergency stay of the ruling that Anna Mae must be reunited with her biological parents.

It was the latest in a series of legal setbacks for Jerry and Louise Baker, who are desperately trying to hold on to the little girl they raised as their daughter since she was 3 weeks old.

Bitter Custody Battle

The Tennessee case is one of most bitter child custody cases in recent memory. Anna Mae's birth parents, Jack and Casey He, say they gave the child up temporarily during a tough financial period in their marriage and were then tricked into signing over permanent custody. Last January, after a seven-year court fight to regain custody of their daughter, the state Supreme Court ordered that Anna Mae be returned to the Hes.

In court papers, Jerry and Louise Baker, who raised Anna Mae, say the decision to uproot Anna Mae from the only home she has ever known is cruel and inhumane. They contend that the court-ordered visits with her biological parents have traumatized Anna Mae and may cause her to have a nervous breakdown.

The Final Appeal

The U.S. Supreme Court is still the Bakers' last hope. Larry Parrish, the attorney for Jerry and Louise Baker, tells ABC News' Law and Justice Unit that he was disappointed by Stevens' decision, but that they will continue to fight.

"We will proceed to the next step," he says. "We expect to resubmit the application [for a stay] to another justice."

In addition, Parrish also plans to file an appeal with the Supreme Court, asking it to overturn the Tennessee Supreme Court's decision.

A child advocacy group, Hear My Voice, called Stevens' decision not to issue a stay "unconscionable," saying it would sentence Anna Mae to "trauma and devastation."

In an e-mail to ABC News, the group wrote: "It is critical, and we urgently implore, that both these families work together, outside the constraints of the court, to put Anna's needs first and foremost. It is time for the U.S. Supreme Court to take a stand for children who face the repercussions of the slow-moving court system."

A Futile Fight?

Court experts say, however, that it would be highly unusual for the Supreme Court to rule on a case involving family and custody matters.

"The Supreme Court usually focuses on federal and constitutional matters," Supreme Court lawyer Beth Brinkmann tells ABC News' Law and Justice Unit. "Given the nature of the claims as I understand them, this does not strike me as a case the Supreme Court of the United States would … further review."

"The odds are never great," Parrish says. "This case is so critically important to so many people and to society that no matter how limited the chances, it would be foolish not to file for relief. This case involves a child's very existence. And it can't get anymore urgent than that."

David Siegel, attorney for the child's biological parents, could not immediately be reached for comment. Earlier, he told ABC news that the Bakers' fight is causing more damage to Anna Mae than the court's decision to reunite her with her birth parents.

"If the Bakers truly love this child, they will put down their weapons and allow this transaction to continue,'' he says

A Controversial Journal

Last month, ABC News' Law and Justice Unit reported on an emergency petition filed by Parrish that included a journal by Louise Baker. The journal laid out, in heartwrenching detail, Anna Mae's emotional outbursts going to and from court-ordered visits with her biological parents. Memphis Juvenile Court Judge Curtis Person, who was angered by the public disclosure of the journal, immediately sealed the petition and issued a gag order for all parties involved.

If the Supreme Court refuses to hear the case, Anna Mae He will be sent to live with her biological parents. The final handover could happen in as little as two months.