Hearns granted custody of Kolten

"We're goofy," said Larry Hearn in a telephone interview from their Mount Zion home. "We're just both giddy as a couple of kids."Kolten, the son of murder victim Karyn Hearn Slover, had been the subject of a 17-month custody battle. His father, Michael Slover Jr., and paternal grandparents, Michael Slover Sr. and Jeannette Slover, were convicted last year of the 1996 murder of his mother.The boy had been adopted in 1999 by his maternal aunt, Mary Slover, with whom he lived until he was taken into foster care in May of last year.Macon County Associate Judge Scott B. Diamond ruled in August that Mary Slover was an unfit mother because she participated in the concealment of Karyn Slover's homicide, and he subsequently terminated her parental rights.The 23-year-old woman, who disappeared Sept. 27, 1996, was shot several times in the head. Parts of her body were found two days later in Lake Shelbyville.The Hearns did not know when Kolten would be able to move into their home but said they planned to obtain counseling for him and looked forward to him getting to know their side of the family. They said they might adopt the boy in the future.Diamond stayed an adoption in the case until an appellate court rules on Michael Slover Jr.'s conviction."We know he's going to need (counseling) for years," Donna Hearn said. "Hopefully, we can get him in with a good counselor."While the Hearns praised Diamond for doing the right thing, Mary Slover and her supporters said his ruling was unfair and contrary to the evidence presented.Slover denies any involvement in the murder or its concealment and says her family is innocent as well. She plans to appeal Diamond's decision terminating her parental rights. She said Kolten is heartbroken over the decision."This isn't over," she said Wednesday evening in a telephone interview from her St. Charles, Mo., home. "There will be an appeal."Evidence introduced in court indicated Kolten wanted live with Slover, and Diamond acknowledged in his ruling that his decision was contrary to the boy's wishes.Kellie and Tony Crnko, Slover's cousins, also had asked to be appointed Kolten's guardians.In a telephone interview from her St. Peters, Mo., home, Kellie Crnko said she plans to speak with her lawyer about how she can appeal the decision and has contacted Gov. Rod Blagojevich's office about the case.In his decision, Diamond referred to the Crnkos as a "trojan stalking horse" for Slover. In 16th-century England, a stalking horse was trained to conceal the hunter walking behind it.Diamond wrote of the Crnkos, "They too believe the Slovers did not commit the murder and that Mary Slover was not involved in the concealment of the homicide. They would continue to feed the minor lies and untruths and no doubt cut off visitation with the Hearns, contrary to their assertions, which the Court could not then rectify."Crnko said she was offended by Diamond's comments. She and Tony Crnko has said in court they would follow any court orders, including cutting off contact with Slover."They didn't discredit myself or my husband," Crnko said. "We're both upstanding citizens of St. Peters, and both of us have good jobs and are respected in what we do."Larry and Donna Hearn said they have no plans to allow Kolten contact with any members of the Slover family, believing that the members of the family are all intertwined. But they added they would think about it if the counselor they obtain for the boy recommends it.Kellie Crnko said she is sad for her family and for Kolten that visitation will not be allowed.

"Kolten doesn't associate me with the murder of his mother," she said. "He associates me with Ashley and Dmitri (her and Tony's children) and birthday parties and having fun."

Diamond's decision was contrary to the recommendation of Kolten's Department of Children and Family Services caseworker, Janice Nicholls, who testified she thought the boy should be in a neutral environment until those who wanted custody of the boy received psychological evaluations.Macon County prosecutors supported the Hearns' petition. State's Attorney Scott Rueter said such disagreements are rare, but happen."DCFS's position for more psychological testing for everybody is a bit late," Diamond wrote. "This case needs a decision now."Slover, the Crnkos and Joseph Vigneri, the attorney representing Michael Slover Jr., have maintained they did not get a fair hearing in Macon County because of prejudice against the family.Vigneri said Wednesday that he knew all along how the case would go."It was an admirable, courageous thing the Crnkos did (in seeking guardianship), but I felt it was going to be futile," he said.Diamond talked with attorneys in court about what message the case would send if he didn't terminate Slover's parental rights. But he said in his ruling that he decided the case based on the law only, "although in arguments with counsel, other factors were discussed in a free-wheeling interaction between the Court and counsel."Larry Hearn said he believes Kolten will do well in their home."I think that he knows he's loved here," Hearn said.Stephanie Potter can be reached at 421-7984.