“Oh,” Jimmy answered without understanding.
Mr. Long came over to them. Daddy spoke.
“That’s it, Bruce. No more questions.”
“But I still have two lines of attack. She’s on the run. If we push—”
“No,” Daddy repeated. “Enough.”
“Okay,” Mr. Long shrugged. “You’re the boss. But if we back off, it’s no guarantee that Mr. Jasper will do the same when his chance comes.”
“I know. You’re doing a good job, but I don’t want to hurt her anymore. She’s made mistakes—just like the rest of us.”
— Twenty-three —
You’re not rethinking your position?” Mr. Long asked in surprise.
“No, of course, not. It’s not in Jimmy’s best interests to allow Vera back into the picture, but I want to avoid any further bloodletting. Let’s prove our case and get out of the courtroom.”
“What do you want me to do?” Mr. Long asked.
“Put on the evidence we’ve prepared, but don’t push her face into the dirt.”
“Okay. Same order of witnesses?”
“Yes.”
Jimmy’s birth mama returned to the courtroom. As soon as everyone was settled, the judge looked down at her.
“Mrs. Horton. Are you ready to continue?”
“Yes, sir.”
The judge nodded toward Mr. Long, who was standing beside Daddy at the counsel table.
“Mr. Long, proceed with your questioning.”
“Mr. Mitchell and I consulted during the break, and I have no other questions for this witness.”
“Very well. Mrs. Horton, you may step down. Any other witnesses for the petitioner?”
“None, except for rebuttal pending the testimony offered by the respondent.”
The judge looked at Mr. Long. “You may call your first witness.”
“We call Dr. Susan Paris.”
For the second time, Jimmy watched the school psychologist take the witness stand. She smiled at him several times while she talked. She talked about his good relationship with Mama and how hard he worked in school. There was no mention of his ability to remember what he heard people say.
“Dr. Paris,” Mr. Long said, “based on your repeated evaluations of Jimmy, do you have an opinion about his cognitive ability to express a bona fide preference as to custody and visitation?”
“Yes.”
“What is that opinion?”
“If stated in simple terms, he will understand the issue and tell the truth.”
“That’s all from this witness,” Mr. Long said.
Mr. Jasper stood behind the table.
“Dr. Paris, during your direct testimony, did you express a preference about the custody or visitation issue?”
“No, sir.”
“How old is Jimmy?”
“Fourteen.”
“Have you found Jimmy to be a compliant child?”
“Yes.”
“With a high desire to please those in authority?”
“Yes.”
“Would this desire to please authority figures be stronger than normal?”
“Normal is not a word I use in that context. There are common understandings of the term normal that do not fit within recognized diagnostic criteria. I don’t have anything to add to my previous answer, other than to say Jimmy likes to please people: parents, teachers, adults, peers.”
“Who has the greatest personal influence on Jimmy?”
“His mother—uh, I mean, stepmother. The bond between them is very strong.”
“And his father?”
“Is important as well.”
“Does Jimmy fear his father?”
Dr. Paris hesitated. “I’d say he holds him in awe from a distance. However, during the past year, he has been working at his father’s office for a few hours a week. I think this is a good idea because it brings him into his father’s world and gives them another avenue for interaction outside the home.”
“If Jimmy’s father told him to do something, would he do it?”
“If it’s a reasonable request consistent with Jimmy’s ethical framework, I believe that he would. Jimmy believes obeying his parents is a good thing.”
“If his father wanted Jimmy to say something, would he do it?”
“Same answer, so long as he understood the request.”
Mr. Jasper stepped closer to Dr. Paris and raised his eyebrows.
“Don’t your last two answers contradict your testimony about the significance of authority figures in Jimmy’s life?”
“No.”
Mr. Jasper glanced up at the judge. “Your Honor, please take note—”
“I heard the testimony,” Judge Reisinger replied. “But you’ll have to save your argument until later.”
Mr. Jasper came forward until he stood to the side of the witness stand.
“Dr. Paris, are you telling the Court that Jimmy Mitchell possesses an unfailing moral compass from which he never wavers?”
Dr. Paris turned away from Mr. Jasper and looked up at the judge.
“His moral compass is consistent, not perfect. For example, Jimmy believes it is right to tell the truth and wrong to lie. He believes it is wrong to physically hurt another person and right to be kind to everyone. He has incorporated these beliefs in a simple, concrete way. Like anyone, there are many ethical issues he has not yet confronted. In those areas, an authority figure such as his father could potentially lead him astray.”
Mr. Jasper hesitated. “Has Jimmy told you what his father wants him to say in this hearing?”
“No. Once I was contacted about being a witness, I purposely avoided the subject with Jimmy. Recently, I haven’t seen him because of summer vacation.”
Mr. Jasper looked down at this notes.
“Dr. Paris, I know you don’t like the word normal, but what is a normal IQ?”
“Normal has an appropriate use in this area. Normal would be an average score of 100 on the verbal, performance, and full-scale components. Most people have variations, but the scores usually cluster together.”
“Does Jimmy have analytical abilities comparable to a fourteen-year-old with an IQ of 100?”
“No.”
“Does that deficit affect his decision-making process?”
“On a test at school?”
“No, when faced with options in day-to-day life.”
“Yes.”
“How?”
“He would have trouble evaluating the implications of the choices presented and would almost always select the familiar over the new. He’ll try something different if it takes place in an environment in which he’s comfortable or if he has the support of his parents.”
“Doesn’t that illustrate the increased importance of Mr. and Mrs. Mitchell’s influence as compared to a typical fourteen-year-old?”
“Perhaps.”
“Do you work with other fourteen-year-olds on a regular basis?”
“Yes.”
“Are you aware that the laws of this state allow a fourteen-year-old to express preferences as to visitation and custody issues?”
“Yes.”
“Would Jimmy’s overall ability to evaluate his options and make a decision be the same as for a child with an IQ of 100?”
“No.”
“No further questions.”
Mr. Long stood to his feet. “I have a brief redirect, Your Honor.”
“Proceed.”
“Did any of Mr. Jasper’s questions change your opinion about Jimmy’s ability to evaluate his options as to the visitation and custody issues pending before the court?”
“Objection. Asked and answered,” Mr. Jasper said.
“Sustained.”
“No other questions,” Mr. Long said.
Mr. Long plopped down in his chair. Daddy said something to him that Jimmy didn’t hear. Dr. Paris came down from the witness stand. She walked past Jimmy, smiled, and patted her purse. The vanilla wafers with peanut butte
r were still waiting for him. Daddy leaned over to him.
“No Watchers,” he said.
Jimmy glanced around the courtroom.
“No, sir. I don’t see any. Do you want me to let you know if one comes?”
Daddy shook his head. “I meant no questions about the Watchers for Dr. Paris. That would have kept her on the witness stand an extra thirty minutes and distracted the judge.”
Max’s mother testified. Jimmy liked listening to her talk about his friendship with Max. When she told the story about Max and Jimmy playing hide-and-seek in the cornfield, he laughed before she got to the funny part about him falling asleep. Mrs. Cochran mentioned some of the problems that came up when Jimmy was with children who didn’t understand him. Mr. Jasper didn’t ask her any questions.
“Let’s take a ten-minute break,” Judge Reisinger said when she finished testifying.
As soon as the judge left the courtroom, Dr. Paris leaned across the bar and tapped Jimmy on the shoulder.
“Are you ready for your snack?”
“Yes, ma’am.”
“No food in the courtroom,” Daddy said.
Jimmy followed Dr. Paris into the hallway. She took a plastic bag from her purse and handed it to him. Inside were three perfectly formed pairs of vanilla wafers with peanut butter between them. When Jimmy took a bite, the peanut butter oozed out the sides.
“Good,” he said. “You make them the best.”
He happily munched the treat.
“There is a water fountain around the corner,” Dr. Paris said.
“Yes, ma’am. Peanut butter makes me thirsty.”
As Jimmy turned the corner, he saw his birth mama returning from the restroom. He slowed down as she approached. She slowed too. They stopped and stared at each other. Jimmy had the uneaten vanilla wafer with peanut butter in his right hand. He held it out to her.
“Would you like one? Dr. Paris made them for me.”
“That’s nice of you to offer. I’d love to have one.”
His birth mama took it from him. When she did, Jimmy could see that she had big rings on several of her fingers.
“Thanks,” she said. “Your fingers look like mine.”
Jimmy shook his head. “No, ma’am. I don’t wear any rings.”
“That’s true,” she replied with a laugh. “Dr. Paris says you always tell the truth.”
“Yes, ma’am. Lying is a sin.”
His birth mama took such a tiny bite of the snack that no peanut butter oozed out.
“Jimmy, are you happy?” she asked.
“When?”
“Right now.”
Jimmy thought for a moment.
“I’m happy to talk to you and share my snack. I have five pictures of you in my desk drawer.”
“Do you like to look at them?”
“Yes, ma’am.”
“Would you like to visit me and meet your sisters?”
The question reminded him of one Mr. Long had asked over and over when practicing for the hearing. Jimmy knew what to say.
“I want to stay in Piney Grove with Mama, Daddy, Grandpa, and Buster.”
“Who is Buster?”
“My dog.”
“We have a dog. Her name is Peaches.”
Jimmy smiled. “I like to eat peaches. Why would you name a dog Peaches?”
“Because she has peach-colored fur on her back.”
Jimmy couldn’t imagine such a strange-looking dog. Before he could ask another question, he heard a voice calling his name.
“Jimmy!”
He turned around. It was Bruce Long.
“Come back into the courtroom.”
“Can I get a drink of water?” he asked.
“Yes. I’ll stand here and watch.”
Jimmy’s birth mama continued toward the courtroom. Jimmy drank a few quick sips of water and joined Mr. Long.
“What did she say?” Mr. Long asked.
“She told me about her dog named Peaches. Have you ever seen a dog with peach-colored fur on its back?”
“No. Is that all she said?”
“I shared my snack with her.”
“Did she try to get you to say anything in court?”
“No, sir.”
“Do you want to visit her in Atlanta or live part of the time in her house?”
“No, sir. I want to stay in Piney Grove with Mama, Daddy, Grandpa, and Buster.”
“Good. Let’s go.”
They reentered the courtroom. Jimmy took out his handkerchief, wiped his mouth, and sat down beside Daddy.
“She has a dog named Peaches,” he said in a soft voice.
“She talked to you?”
Mr. Long leaned over. “They passed in the hallway. Nothing substantive. He’s still firm.”
Before Daddy said anything else, Judge Reisinger entered the courtroom.
“Gentlemen, I reviewed psychological reports during the break. Are there other reports coming into evidence?”
“Dr. Meyer has a report,” Mr. Long answered. “We intended to submit it during direct examination of the witness.”
“Does the other side have a copy?” the judge asked.
“Yes, sir.”
“Mr. Jasper, are you going to object to its admissibility?”
“No, Your Honor. We don’t agree with his conclusions but will stipulate his qualifications as an expert witness.”
“Let me have it after the court reporter marks it as an exhibit,” the judge said. “Is he your next witness?”
“No, sir. I intended to call Ellen Mitchell.”
“The stepmother?”
“Yes, sir.”
“I’d like to hear from Dr. Meyer while the reports are fresh in my mind.”
Mr. Long glanced at Daddy, who nodded. “We call Dr. Nathan Meyer.”
Jimmy liked Dr. Meyer. He had white hair and kind eyes like Grandpa’s. Mr. Long called Dr. Meyer to the witness stand and started with the same types of questions he’d asked the other expert witnesses.
Then Mr. Long asked, “How many times has Jimmy Mitchell come to your office?”
“I’ve had three sessions of two hours each with Jimmy, and a three-hour session with his father and stepmother.”
“What was the primary purpose of these sessions?”
“Determining the effect of any reintroduction of Jimmy’s birth mother into his life.”
“What information did you have about Mrs. Horton?”
“The results of Dr. Poitier’s interview and the Fulton County DFACS report.”
“Did you have copies of Dr. Poitier’s interviews with Mrs. Horton’s daughters?”
“No.”
“Was the information at your disposal about Mrs. Horton sufficient to form an opinion as to the suitability of Jimmy resuming contact with her via visitation and shared custody?”
“Not by itself, but when coupled with what I’ve learned about Jimmy and his current family situation, I can render an opinion.”
“Is that opinion set forth in the report prepared for this hearing?”
“Yes.”
Mr. Long looked up at Judge Reisinger, who was flipping through papers.
“I’m reading and listening at the same time,” the judge assured him. “Go ahead. I’ll follow along.”
“Please tell us your opinion.”
“At this point in Jimmy’s life and stage of development, the risks outweigh any possible benefits. The rationale for my opinion is contained in my report, but it’s clear that stability is a key component of Jimmy’s emotional health. In fact, stability is much more important for him than for a typical fourteen-year-old. The instability inherent in sending him back and forth between two competing households is likely to upset the equilibrium that exists. Jimmy is a sensitive young man for whom conflict is highly traumatic. Due to the influence of his parents and grandparents, he has a surprisingly positive outlook on a difficult world. Undermining this perspective will adversely affect his emotional well-being.”<
br />
“What about the nurturing benefits available from his birth mother?”
“That need has been ably filled by his stepmother. They have one of the best relationships of this type I’ve ever observed.”
“I don’t need to hear anything else,” the judge said, glancing up. “Any cross-examination?”
Mr. Jasper stood up. “Yes, Your Honor, if I might have a moment to collect my notes.”
Mr. Long retreated and sat down beside Daddy.
“What on earth did that mean?” Mr. Long asked Daddy. “Cutting me off like that?”
“Either very good or very bad,” Daddy answered drily.
Mr. Jasper’s questions for Dr. Meyer sounded a little bit like Mr. Long’s questions for Dr. Poitier. However, Dr. Meyer had charged less than six thousand dollars for his evaluation and never worked with either Mr. Long or Daddy. He didn’t have a book to show the judge.
“Doesn’t your opinion assume the presence of conflict if Mrs. Horton is granted visitation and shared custody?” Mr. Jasper asked.
“Yes, because it is the only realistic conclusion that can be supported by the parties’ history and my practical experience. I’ve treated hundreds of adolescent patients who manifested problems caused or exacerbated by this type of scenario.”
“Have you read Dr. Poitier’s book about successful adolescent bonding?”
“Yes, and if you read pages 234 through 238, you’ll find similar comments to those I offered earlier. Of the cases studied by him, a positive result more often occurred when the absent parent reentered the picture without the presence of other significant parental figures. Dr. Poitier also notes that a strong grandparent connection can adversely affect delayed parental bonding with adolescents. In this case, very strong grandparent relationships exist between Jimmy and his paternal grandparents.”
Mr. Jasper stepped back and looked at his notes.
“Doesn’t Dr. Poitier document successes?”
“Yes, but I don’t consider the number statistically significant, and the ones cited are completely inapplicable to this case.”
“Uh, no other questions, Your Honor.”
Mr. Long rose to his feet. “Your Honor, do you want to hear from another witness before lunch?”
The judge tapped his pen against the bench. “I want to hear from all witnesses before lunch.”
“Yes, sir. We call Ellen Mitchell.”
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