Jimmy

by Robert Whitlow

  “What can you tell us about Jimmy?”

  “I reviewed all the reports supplied to me from the treating and evaluating psychologists and doctors, beginning with his pediatrician.”

  “Before you continue,” Mr. Jasper said, “let me show you Exhibits B through F and ask you to identify this information.”

  The psychologist leafed through the thick stack of papers. “These are Jimmy’s medical and psychological records supplied to you by Mr. Mitchell’s attorney in response to discovery requests.”

  “In addition to reviewing these records, did you have opportunity to personally evaluate Jimmy?”

  “No, it is my understanding that Mr. Mitchell refused your request that I have the opportunity to do so.”

  “Would a personal evaluation be necessary to render an opinion about Jimmy’s ability to reestablish a relationship with his mother?”

  “Helpful, but given the extent of available data, not necessary.”

  “What can you tell the Court about Jimmy?”

  “The results of multiple IQ tests and academic evaluations are in the file and establish that he functions in the lower end of the dull-normal range. However, more important than his IQ deficits are the personality traits that will affect whether he would benefit from renewed contact with his mother.”

  “What can you tell us about those traits?”

  “Jimmy is a resilient, determined young man with a strong work ethic. He has adapted remarkably well to his status at school and within the local community. These strengths are coupled with a trusting, loyal, and affectionate nature. He has a particularly close relationship with his stepmother and paternal grandfather. He views his father as aloof, distant, and difficult to please.”

  Jimmy saw Daddy grip the arms of his chair so hard that his knuckles turned white.

  “Would reestablishment of contact with his birth mother threaten the strong bond that exists with his stepmother?”

  “I don’t think so, unless either woman sought to poison his attitude toward the other. Jimmy is slow to criticize or judge others, but he could be influenced to do so by significant authority figures in his life.”

  “Would it be fair to say a mutually supportive relationship would work best?”

  “Absolutely. Jimmy is willing to trust others if they prove trustworthy to him. I think after any initial obstacles are overcome, he would enjoy interaction with the Horton family, and serving as an older brother to the Horton girls would be a maturing process for him.”

  “Are there any negative factors that should be mentioned to the Court?”

  Dr. Poitier held up his book. “If visitation and partial custody are granted to Mrs. Horton, I believe the results could be included in the success section of my next revision of this book.”

  Mr. Jasper smiled and turned toward Mr. Long. “You may ask.”

  “Dr. Poitier, how much are you being paid by Mrs. Horton for your evaluation and testimony?”

  “My standard expert-witness fee of five hundred dollars per hour out of court and nine hundred in court.”

  “Plus expenses?”

  “Yes.”

  Long looked at his watch. “What would that total be as of this moment?”

  Dr. Poitier glanced up at the clock at the back of the courtroom. “That will be affected by the length of your cross-examination, but the approximate figure would be around eighteen thousand dollars.”

  “Plus expenses?”

  “Yes.”

  “In how many cases have you provided expert-witness services, either as an evaluator or via in-court testimony, over the past two years since your book was published?”

  “About ten or eleven.”

  “I realize you live in California, but have you worked with Mr. Jasper before?”

  “Yes, on three occasions.”

  “Did you perform evaluations in those cases?”

  “Yes.”

  “Did you reach conclusions and recommendations?”

  “Yes.”

  “Did you testify in all three cases?”

  “Yes.”

  “Did you reach conclusions and recommendations consistent with the position advocated by Mr. Jasper and his clients?”

  “I don’t know what you mean.”

  “Did you testify for or against Mr. Jasper’s clients?”

  “I gave my opinion.”

  Mr. Long held a yellow pad in his hand, but he wasn’t reading from it.

  “Was your opinion favorable to Mr. Jasper’s clients?”

  “Only to the extent I believed appropriate.”

  “And now Mr. Jasper has hired you for a fourth case, is that correct?”

  “Yes.”

  “Any other cases on your horizon as an expert witness involving Mr. Jasper and his clients?”

  “I’m performing another evaluation next month.”

  Jimmy turned slightly sideways so he could see his birth mama. She was sitting with her husband behind the table for the other lawyers. She seemed to be paying attention to what the witness said. She turned her head toward Jimmy, saw him, and waved. He spun to face forward again.

  “Do you always bring your book to court?” Mr. Long asked the witness.

  “No, but my research for this project especially qualified me to testify in this case.”

  “Let’s talk about your research, not for the book, but related to the Horton family. Are you aware that Mr. and Mrs. Horton were divorced three years ago and only remarried last year?”

  “Yes.”

  “Did you administer any psychological tests to Mrs. Horton?”

  “No, but I conducted an extensive clinical interview.”

  “Which in layman’s terms means you talked with her for a few hours, isn’t that correct?”

  “Evaluated her would be a more accurate term.”

  “And what independent verification for her answers did you obtain?”

  “The interview with her two daughters and the Fulton County DFACS report.”

  “Which involved talking to a couple of minors and reading a report by an overworked county agency, correct?”

  “I considered the report professional, and the girls corroborated their mother’s statements.”

  “In reviewing Jimmy’s records, did you note the presence of any profound fears?”

  “Yes, he has a form of aquaphobia, or fear of water. He’s not afraid of all water, just the possibility of being submerged in it.”

  “Did you try to inquire into the cause of that fear?”

  “As I stated earlier, Mr. Mitchell would not allow me access to the child.”

  “Did you have access to Mrs. Horton?”

  “Yes.”

  “Did you ask her about it?”

  “No.”

  Mr. Long turned away from the witness. “No further questions.”

  MR. JASPER STOOD. “AT THIS TIME, WE CALL VERA HORTON.”

  Jimmy glanced sideways at Daddy. His face was rigid and his jaw tight, like the way he looked when he found out about Walt and what really happened in the woods. Jimmy watched his birth mama walk slowly to the witness stand. When she sat down, she smoothed her dress and nodded toward Judge Reisinger.

  “Please state your name,” Mr. Jasper said.

  “Vera Horton,” she replied in a voice that sounded like one of Jimmy’s teachers who’d grown up in south Georgia. She looked at Jimmy as she answered.

  “What is your relationship to James Lee Mitchell III?”

  “He is my son. I was married to his father for eight years. Jimmy was our first and only child.”

  “How old was Jimmy when you and Mr. Mitchell divorced?”

  “Two years and one month.”

  “What was the reason for the divorce?”

  “The papers listed irreconcilable differences, but it was the result of constant disagreements and a breakdown in communication with no interest on either side to correct the problem.”

  “Why did you agree to leave Jimmy in th
e sole custody of his father?”

  “I was tired of the daily battles for control that existed throughout my relationship with Lee Mitchell and didn’t have the emotional strength to keep on fighting. I knew issues related to Jimmy would have become the focus of future conflicts. I’d met Lonnie Horton while separated from Jimmy’s father and decided the best course for everyone would be for me to withdraw from the scene. My relationship with Jimmy was a casualty of that decision, a choice I’ve come to regret.”

  “Prior to filing this petition, what efforts did you make to reestablish contact with Jimmy?”

  “I wanted to set up an amicable arrangement for me to see Jimmy, so I phoned Lee at the office several times. He never took my calls or returned my messages. When I learned that he’d remarried, I left him alone, not wanting to disrupt his chances to form a good relationship with his new wife. I know how Lee reacts. If he’s threatened in one area, he’ll lash out in others.”

  Jimmy felt Daddy tense.

  “What’s wrong?” Jimmy whispered.

  “Quiet!” Daddy responded. “We’ll talk later.”

  The judge looked at Daddy. “Mr. Mitchell?”

  Daddy stood. “Excuse me, Your Honor. Jimmy had a question about Mrs. Horton’s comment, and I told him he would have to wait until later to discuss it.”

  “Proceed,” the judge said.

  Mr. Jasper walked closer to the front of the courtroom. In the process, he temporarily blocked Jimmy’s view of the witness stand. Jimmy craned his head to the side in an effort to see. Listening to his birth mama talk and watching the way she moved her head and hands gave him a lot of new information to go along with the still images in the photos. Mr. Jasper looked down at a sheet of paper in his hand and stepped toward the jury box. Jimmy could see again.

  “Are you prepared to pay child support?”

  “Yes.”

  Mr. Jasper handed her some papers.

  “Please identify what has been marked as Exhibits G through I.”

  “These are tax returns and financial statements. I’ll pay child support at the level determined by the judge.”

  “And serve as co-trustee of the trust mentioned by your husband?”

  “Yes. We’ve prospered financially, and I would like Jimmy to share in that blessing.”

  “Mrs. Horton, why did you decide to file a petition seeking visitation and custody rights with Jimmy?”

  “It’s a step I should have taken long ago. My fear of conflict with his father was not a legitimate reason to abandon my relationship with my son.” She paused, and it seemed to Jimmy that she looked directly at Daddy. “About a year and a half ago, I experienced a religious conversion that transformed my whole outlook on life. As a result of the changes in me, I reconciled with my current husband, and our family has been restored. Jimmy is the missing piece. I would like to bring him home to my heart.”

  Mr. Jasper stood still for several seconds. The room was quiet.

  “Your Honor, that’s all from Mrs. Horton.”

  “Mr. Long,” the judge said. “You may conduct your cross-examination.”

  Mr. Long stood and walked around to the front of the table.

  “Mrs. Horton, isn’t it true that you haven’t seen Jimmy in over eleven years?”

  “Yes. It’s too long.”

  “Who’s been taking care of Jimmy while you were trying to figure out if you ever wanted to see him again?”

  “I assume his father.”

  “Do you have any evidence that someone else has been taking care of Jimmy?”

  “I believe his grandparents do a lot for him.”

  “And his stepmother?”

  “Yes, that’s what I read in the psychological reports.”

  “All of the people who have invested their time, money, and love into Jimmy live here in Piney Grove, don’t they?”

  “Yes, and it’s time I shared that obligation and opportunity.”

  “Do you believe you can waltz into this courtroom, wave around a big check, and expect—”

  “Don’t go there, Mr. Long,” the judge interrupted. “Keep to the statutory criteria applicable to the issues before me.”

  Mr. Long cleared his throat. “Yes, sir.”

  “Mrs. Horton, does Jimmy reside in the same house where you lived when you and Mr. Mitchell were married?”

  “I believe so.”

  “When is Jimmy’s birthday?”

  “June 5.”

  “And how many gifts have you sent Jimmy on his birthday and at Christmas since you left town eleven years ago?”

  “I sent him a birthday present last week, but it was returned unopened. I’d learned that he liked the University of Georgia football team, and Lonnie was able to get a poster signed by all the players and coaches. I thought Jimmy would enjoy putting it up in his room.”

  Jimmy’s eyes grew big. Though not as spectacular as a BB gun, the poster would have been an awesome present. Daddy would have liked it too.

  “You would like that poster,” Jimmy whispered to Daddy.

  Daddy didn’t answer.

  “Before this year, how many presents have you sent Jimmy since you left Piney Grove?”

  Jimmy sat up in his chair to listen closely.

  “None.”

  “Have you paid for any medical care?”

  “No.”

  “Bought Jimmy any clothes?”

  “No.”

  Mr. Jasper stood to his feet. “Your Honor, we can stipulate that there has not been any child support provided by Mrs. Horton since her divorce from Mr. Mitchell. This list could go on and on without proving anything else.”

  “So noted,” the judge said. “Move on.”

  “Speaking of divorce,” Mr. Long said. “What was the gap in time between your divorce from Mr. Mitchell and your first marriage to Mr. Horton?”

  “A couple of months.”

  “Does three weeks sound more accurate?”

  “Maybe. It was a long time ago.”

  Mr. Long walked back to the table and stood beside Daddy. “Were you in the courtroom when Dr. Poitier testified about Jimmy’s fear of water?”

  “Yes.”

  “Do you remember an occasion when you were bathing Jimmy and he almost drowned?”

  “Of course. It was one of the worst days of my life.” She looked directly at Jimmy. “And I’m very, very sorry it happened.”

  Jimmy’s eyes widened.

  “Didn’t he have to be resuscitated by a neighbor and rushed to the hospital?” Mr. Long asked.

  Mrs. Horton began to cry. She reached into her purse and pulled out a tissue.

  “Do we need to take a recess?” the judge asked her.

  “No.”

  “Please answer the question,” Mr. Long said.

  “A neighbor helped me, and an ambulance took Jimmy to the hospital.”

  “Do you still maintain that you left Jimmy unattended because you had to answer a phone call?”

  “Yes. That’s exactly what happened.”

  “Have you considered the possibility that some of Jimmy’s mental challenges are the result of oxygen deprivation during the time he was left unattended and submerged?”

  “I’ve been told the accident didn’t do any permanent brain damage or add to his developmental problems.”

  “Are you qualified to make that determination?”

  “Not necessarily, but I trust the people I talked to about it.”

  “How soon after this happened did you abandon Jimmy and his father?”

  “I didn’t abandon them. His father and I separated, and I moved home to be with my parents.”

  “When did that happen? Within a month of the incidence of neglect?”

  “It wasn’t neglect. It was an accident.”

  “Whatever the reason, are you aware some of the psychologists who have evaluated Jimmy relate his fear of water to this trauma?”

  “Yes.”

  “Did you discuss this near-drowning episode w
ith anyone?”

  “Quite a few people knew about it. It was embarrassing, but I didn’t try to hide it. I wanted to make sure I hadn’t done anything to hurt Jimmy, so I talked to all the doctors.”

  Mr. Long stepped closer to the witness. “Did you try to hide the fact that you intentionally left Jimmy alone?”

  “That’s not true!”

  Jimmy saw a flash of anger in her eyes.

  “Was there a police investigation of this incident?” Long asked.

  “I wouldn’t call it that. Lee sent a detective friend over to the house to harass me. It was the final straw that drove me to seek a divorce. There was no need to make me feel any worse than I already did.”

  “Do you know the results of the investigation?”

  “They tried to claim that there wasn’t a phone call because I didn’t know who called me. I was so upset that it slipped my mind.”

  “Did you tell the detective who might have phoned you?”

  “Objection,” Mr. Jasper said. “This happened eleven years ago and is irrelevant to the issues before the Court.”

  “Not to me,” the judge replied. “Overruled. The witness will answer the question.”

  “This was before we had caller ID on phones, so I gave the detective the names of several friends who might have called. Lee claimed none of them remembered phoning the house that day.”

  “Did you try to find out yourself ?”

  “Yes.”

  “Were you successful?”

  “No. I decided the trauma created a mental block or something.”

  “Have you since resurrected the identity of the mystery caller?”

  “No.”

  “Mrs. Horton, did you also try to hide the fact that you were ashamed of Jimmy due to his mental handicap?”

  “No. I mean, yes.” Mrs. Horton began to cry. She took a tissue from her purse and put it to her face. “Your Honor, I need to take a break.”

  “We’ll take a five-minute break,” the judge said. “Mrs. Horton may go to the restroom, but she shall not consult with her attorneys. Mr. Long still has her on cross-examination.”

  Jimmy’s birth mama didn’t look at him as she passed by on her way out of the courtroom. Her husband followed her. Jimmy leaned over close to Daddy.

  “Why is she crying?”

  “Mr. Long’s questions are making her face something inside that she’d forgotten existed.”