The judge spoke. “Ladies and gentlemen, Horton v. Mitchell is the only case on the court’s calendar. I’ve reviewed the petition filed by Mrs. Horton, the child’s biological mother, requesting visitation and joint custody, and the counterclaim filed by Mr. Mitchell, the child’s natural father, seeking denial of visitation and custody as well as termination of Mrs. Horton’s parental rights. Mr. Mitchell, it is my understanding that Mr. Bruce Long will be representing your interests today.”
“That’s correct, Your Honor,” Daddy said.
“How many witnesses does each side intend to call?”
“We have three witnesses,” Mr. Jasper replied.
“We have four, possibly five, witnesses,” Mr. Long said.
“All witnesses, please rise,” the judge said. “And raise your right hand for the administration of the oath.”
Everyone in the courtroom except Mr. Long and Mr. Jasper stood up. Jimmy raised his hand high in the air. He saw his birth mother turn and watch him. He tried to look straight ahead as Mr. Long had instructed him. As the judge spoke the words of the oath, Jimmy silently mouthed them along with him.
“I do!” he said in a loud voice at the end.
“Your Honor, we invoke the rule of sequestration,” Mr. Long said.
“We have no objection to the witnesses remaining in the courtroom,” Mr. Jasper responded. “It might save time on cross-examination if all testimony is brought out in open court. Otherwise, it will require more extensive hypothetical questions.”
“If one party invokes the rule, the court will grant it,” the judge said. “All witnesses except Mr. Mitchell, Mrs. Horton, and the child, please follow the bailiff.”
Mama leaned over to Jimmy. “I’ll see you in a few minutes. Remember what Daddy and Mr. Long told you.”
“Yes, ma’am.”
The witnesses followed the deputy through a door on the opposite side of the courtroom from the way the judge entered. Mama looked back and held her hands together in prayer before she disappeared.
“Come sit with me,” Daddy said to Jimmy.
As he passed through the gate in the bar, Mrs. Horton reached out and touched his arm.
“Hi, Jimmy,” she said in a friendly voice.
Up close, his birth mama looked like the kind of person Mama would invite over to the house to talk and drink coffee.
“Mr. Jasper,” the judge said. “Your client is the moving party on the petition. Proceed with your first witness.”
“Judge, before we begin, Mrs. Horton would like to spend a few minutes privately with her son. She’s not had an opportunity to tell him why she wants to reestablish contact, and it’s important that he have a chance to hear it from her lips without the formal trappings of the hearing as a distraction.”
“We oppose the request,” Mr. Long said, rising to his feet. “The petitioner has had eleven years to communicate but chose not to do so. I assume she’ll testify today and provide an excuse or explanation for the lack of contact as well as the reasons why she filed the petition. Jimmy is in the courtroom and can hear it along with the rest of us.”
“Mr. Long, is it your intention to call the child as a witness?” the judge asked.
“Yes, Your Honor. He’s fourteen and wants to express his preferences as to visitation with a noncustodial parent.”
Mr. Jasper spoke. “Judge, there is no dispute that Jimmy is laboring under a mental disability, and we submit his impairment will affect his ability to comprehend the ramifications of these proceedings. His father has had ample opportunity to influence his son’s responses to questions, and we’re concerned the boy’s preference on any issues will thereby be tainted. My client only requests a brief chance to talk to Jimmy and explain in simple terms why we’re here today. No one would be present except mother and child.”
Daddy shifted in his chair but didn’t speak.
“Your Honor, this sounds like an attempt to—,” Mr. Long began.
“Request denied,” the judge interrupted. “I’ll be the one making the decisions today, and any private conversations with the child will be conducted by me in chambers. Proceed for the petitioner.”
Mr. Jasper leaned forward on his feet for a second. “Very well. We call Mr. Lonnie Horton.”
The bailiff opened the door to the witness room, and the man who had arrived beside Jimmy’s birth mother emerged. He was balding with a fringe of dark hair and a thin mustache. He sat in the witness chair.
“Please state your name,” Mr. Jasper said.
“Lonnie Vinson Horton,” the witness replied in a soft-spoken voice.
“What is your relationship to Vera Horton?”
“I’m her husband. We married shortly after her divorce from Mr. Mitchell.”
“Tell the court about your personal and professional background.”
The witness mentioned the names of a lot of companies and places unfamiliar to Jimmy.
“Currently, I’m president of Horton Risk Management in Atlanta. We provide workers’ compensation and human-resources consulting services for several Fortune 500 companies as well as many smaller corporations across the Southeast.”
“How is your wife employed?”
“She is on the board of directors for the company and owns twenty-five percent of the stock. She doesn’t work outside the home but spends her time caring for our two daughters.”
“Does she have a source of income to pay child support for Jimmy?”
“Yes. She receives an annual director’s fee of fifty thousand dollars and stock dividends that range between seventy-five and a hundred thousand dollars a year.”
“If allowed to establish a relationship with Jimmy, what plans have you and your wife made to provide for his needs?”
“Knowing his limitations, we’re prepared to fund a trust designed to take care of him for the rest of his life.”
Mr. Jasper walked forward and handed Horton some papers. “What are these documents?”
“An irrevocable trust naming my wife and her parents as co-trustees. The purpose of the trust is to provide money for Jimmy’s educational, medical, and day-to-day needs.”
“Your Honor,” Mr. Jasper said. “I’ve marked the trust documents as Exhibit A.”
“Are you tendering them into evidence?” the judge asked.
“Not yet.”
“How much will be deposited with the trustees?” Mr. Jasper asked the witness.
“Initially, five hundred thousand dollars, with an additional million dollars payable in ten equal installments over the next ten years.”
Mr. Jasper handed Mr. Horton some more papers.
“What are these records?”
“This is a letter from my bank confirming that the half million dollars has been placed in a designated account. The funds will be transferred to the irrevocable trust pending the outcome of this hearing.”
“What about current child-support assistance?”
“That will come from my wife’s resources.”
“We’ll ask her about that in a few minutes,” Mr. Jasper said.
The lawyer returned to his table. “Mr. Horton, do you support your wife’s desire to reestablish contact and develop a relationship with Jimmy?”
“Objection. Leading,” Mr. Long said.
The judge looked at Mr. Long and narrowed his eyes. “This is a bench trial, Mr. Long. I think I can properly evaluate the evidence regardless of the form of the question. Please keep that in mind as we proceed. Overruled.”
Mr. Long sat down. Daddy leaned over and said something to him that Jimmy couldn’t hear.
“Please answer the question,” Mr. Jasper said.
“Yes. I wholeheartedly believe this is the right step for Jimmy and our family. I believe my financial commitment proves the sincerity of our decision to file the petition. My hope is that Jimmy can have a healthy relationship with both his parents and the financial resources to take care of him in the best ways available in the future.”
&nbs
p; Mr. Jasper turned toward Mr. Long. “Your witness.”
— Twenty-two —
Mr. Long stood with a yellow legal pad in his hand. One afternoon at the office, Jimmy had asked Daddy about the yellow paper.
“My teachers at school only let us use white paper,” he said. “If I did my homework on yellow paper, she’d make me do it over.”
“Lawyers can use any color they want,” Daddy replied. “The judges don’t care. There’s a female lawyer in Macon who uses a pink legal pad. She waves it around the courtroom every time she wants to distract the jury from listening to evidence that hurts her client.”
Daddy had given Jimmy a yellow legal pad of his own and written, “Property of James Lee Mitchell III,” across the top. Jimmy showed it to Delores and Kate, and they promised never to use it by mistake. Jimmy left his pad at the office. So far, he hadn’t written anything on it except to copy his name in block letters underneath Daddy’s handwriting.
“Mr. Horton, is today the first time in your life that you’ve seen Jimmy Mitchell?” Mr. Long asked.
“Yes, except for pictures.”
“To your knowledge, has your wife had any personal contact with Jimmy since she abandoned him eleven years ago?”
“She didn’t abandon him. She phoned Mr. Mitchell several times after their divorce was finalized, but he never returned her calls.”
“Approximately how far is it from your house in Dunwoody to Piney Grove?”
“About eighty or ninety miles.”
“How many trips did you make during the past eleven years to see Jimmy?”
“None. Mr. Mitchell never returned my wife’s calls.”
“Did Mr. Mitchell prevent you from getting into your car and driving to Piney Grove to see Jimmy?”
“I saw no need to waste a trip.”
“Mr. Horton, you testified that Exhibit A is an irrevocable trust, didn’t you?”
“Yes.”
Mr. Long set the papers on a narrow ledge in front of the witness. “Where is the signature line?”
Mr. Horton didn’t touch the exhibit. “On the last page.”
Mr. Long picked up the sheets of paper and flipped to the final page. “Here it is. Everything is in order except your signature, isn’t it?”
“As I mentioned, I will fund the trust once we are able to resume contact with Jimmy.”
“Resume? Have you ever met Jimmy or spent one minute with him in your life?”
“Objection. Argumentative,” Mr. Jasper said.
The judge turned to Jasper. “My comments to Mr. Long also apply to you. I don’t want to hear an objection unless it goes to substantive matters appropriate for appellate court review. Opposing counsel has the witness on cross-examination, and I will allow the question.”
“Answer,” Mr. Long said.
“I’ve never had the opportunity to meet Jimmy, but I’d like to do so.”
“And if the judge’s order in this case doesn’t suit you and your wife, you won’t waste your time setting up a trust to help Jimmy, will you?”
“It wouldn’t be right for me to pay money if we can’t have a relationship.”
“Won’t Jimmy have educational, medical, and day-to-day needs for the rest of his life regardless of the judge’s decision?”
“Yes; however, I don’t apologize for making the trust contingent on the opportunity to develop a relationship with Jimmy. If the judge grants our petition, I’ve instructed Mr. Jasper to include a requirement that we establish the trust I’ve described this morning. This is a tremendous chance to secure Jimmy’s future as well as allow him to get to know his mother better.”
Mr. Long was standing beside Daddy, who tapped him on the arm and then whispered into his ear.
“Do you have any evidence that Mr. Mitchell is not financially capable of providing for Jimmy’s educational, medical, and day-to-day needs?”
“I don’t know anything about Mr. Mitchell’s financial status.”
“Would you be willing to name Mr. Mitchell as co-trustee of the trust?”
“No. I think that would be a prescription for conflict.”
“You know a lot about conflict don’t you, Mr. Horton?”
The witness didn’t answer.
Judge Reisinger spoke. “Mr. Long, I’ve told Mr. Jasper to refrain from objecting, and I’m going to ask you to be specific, not accusatory, in your questioning. No theatrics. It’s not going to impress me.”
Mr. Long stepped closer to Horton. “How many times have you been divorced?”
“Four.”
“Who was your first wife?”
“Cindy.”
“Second?”
“Pam.”
“Third?”
“Sara.”
“Fourth?”
“Vera.”
“Isn’t it true that you divorced Vera Horton three years ago?”
“Yes, but we reconciled last year and remarried. Now our relationship is stronger than ever.”
“Would you characterize your marital history as stable?”
“Those problems are behind me. We’re ready to open our hearts and home to Jimmy.”
Mr. Long looked at Daddy, who shook his head.
“Nothing further,” Mr. Long said.
Mr. Jasper stood. “Petitioner calls Dr. Bertrand Poitier. We also ask that Mr. Horton be allowed to remain in the courtroom.”
“No objection, so long as he’s not going to be recalled to the stand,” Mr. Long said.
Horton sat on the bench behind his lawyer. Jimmy saw him take out his handkerchief and wipe his forehead. His birth mama turned in her seat, and Jimmy could see her mouth the words “thank you” followed by “I love you.” After all the negative things he’d heard about Vera Horton, the thought that she loved someone was a surprise to him. He leaned over to Daddy.
“She told him, ‘I love you.’ Isn’t that good?”
Daddy grunted. “She said that to me but didn’t mean it.”
Jimmy sat back in his seat and tried to get a handle on the fact that a woman besides Mama once told Daddy that she loved him.
Dr. Poitier entered the courtroom. He was a short man, younger than Daddy, with neatly combed brown hair and dark eyes. In his hand he carried a thick book.
“Please state your name and occupation,” Mr. Jasper said.
“Bertrand Poitier, clinical psychologist, Palo Alto, California.”
“Would you summarize your professional and educational background for the court?”
Dr. Poitier talked about where he grew up, the schools he attended, and the places he’d worked. He spoke in a monotone voice, and Jimmy’s mind began to wander. He watched Judge Reisinger take notes. Once, the judge picked up his legal pad, and Jimmy could see that is was yellow, just like his own. In response to a question by Mr. Jasper, Dr. Poitier held up the book he’d brought into the courtroom.
“This is Adolescent Bonding—Studies in Resumption of Severed Parental Relationships. I spent eight years researching and writing this book, which is currently being used as a text by practicing psychologists and in graduate-level education courses at Columbia, Stanford, University of Michigan, and several other schools across the country. I found that genetic links, especially between birth mothers and their children, are surprisingly durable.”
“The title suggests you evaluated real-life situations,” Mr. Jasper said.
“That’s correct. Over half of the studies involved a mother who placed a baby for adoption and then didn’t have any contact with the child for ten years or more. For a variety of reasons, interaction was reestablished during the child’s adolescence. I monitored the restored relationship over a period of years and documented what took place.”
“Is the book limited to maternal restoration?”
“No, I also studied paternal separation; however, the most common scenario involves the mother. This has long been the case with adults adopted as infants who later engage in a search for their birth parents. In
over ninety percent of those cases, the adopted individual’s primary goal is to find the mother. The bond formed in utero endures at a subconscious level for a lifetime.”
“What conclusions did you reach about the vitality and importance of adolescent bonding between a mother and child?”
The witness held up the book. “The conclusions, with supporting data, are contained in chapters fourteen through sixteen of the treatise, but as it relates to the facts of this case, I can state there is a high likelihood of positive adolescent bonding between Mrs. Horton and Jimmy.”
“What is the basis for your specific opinion?”
“I’ve interviewed Mrs. Horton and read information provided to me about Jimmy’s psychological and mental status.”
“What can you tell us about Mrs. Horton?”
“She is the mother of two daughters and is the primary caregiver for her daughters with assistance from her husband during the evenings and on weekends. Mr. Horton is often away on business trips, at which time Mrs. Horton assumes sole responsibility for the children. The Fulton County Department of Family and Child Services performed a home evaluation of the Horton household two months ago and found no negative factors present. I privately interviewed the two girls, ages ten and seven, and found no indication—”
“Objection,” Mr. Long said. “Hearsay as to statements made by these girls.”
The judge stopped taking notes and put down his pen.
“Mr. Long,” he said with a hint of frustration in his voice. “Are you aware that this type of out-court information is universally admissible as the foundation for an expert opinion?”
“Yes, sir.”
“Objection overruled. If you know the law, I expect you to help the Court, not mislead it.”
Mr. Long sat down.
The judge spoke. “Proceed, Doctor.”
The witness repositioned himself in his chair.
“The information I obtained from the daughters revealed nothing that would hinder introduction of Jimmy into their family matrix. Both Mr. and Mrs. Horton are enthusiastic about the opportunity and have spent a considerable amount of time learning about Jimmy’s needs and the best way to respond to them. Mrs. Horton is a loving mother to her daughters, and there is no indication that she would have a problem including Jimmy in the sphere of her affection.”
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