Jimmy

by Robert Whitlow

  “Yes, sir.”

  “Do you know that your birth mama wants you to live with her part of the time in Atlanta?”

  Jimmy said, “I want to stay in Piney Grove with Mama, Daddy, Grandpa, and Buster.”

  The judge tapped the ends of his fingers together. “Is that what your father and Mr. Long told you to say if someone asked you that kind of question?”

  “Yes, sir.”

  “Who is Buster?”

  “My dog.”

  “What do you think about visiting your birth mama in Atlanta?”

  “I want to stay in Piney Grove with Mama, Daddy, Grandpa, and Buster.”

  “Would you like to get to know her?”

  “Do you mean talk to her?”

  “Yes.”

  The conversation in the hallway had been pleasant. She liked vanilla wafers with peanut butter too.

  “It would be nice to talk to her and ask her questions,” Jimmy said, but then quickly added, “but it would be a problem.”

  “Why?”

  Jimmy took a deep breath. “Since my birth mama called our house, my mama has been sad. If I started talking to my birth mama, it would make Mama cry, and I don’t want to do that.”

  “Do you think of your stepmother as your mama?”

  “She’s my mama.”

  “Okay, but you seem like a fine young man. Do you think your birth mama should get to know you too?”

  “That’s for you to decide,” Jimmy responded.

  “Why do you say that?” he asked.

  “You’re the judge. It’s what judges do.”

  Judge Reisinger laughed. “Thank you for the respect; however, because you’re fourteen years old, I have to listen to what you want to do.”

  “It doesn’t make sense that you should listen to me.”

  “But you’re the reason we’re here today. I want to know your opinion. Do you understand what I mean by that?”

  Jimmy sighed. “Yes, sir. I just wish there was two of me.”

  “Why?”

  “One could live in Piney Grove and make everyone happy here. The other one could visit my birth mama in Atlanta and make her happy.”

  “A different solution to Solomon’s dilemma,” the judge said thoughtfully.

  “What?”

  “Another judge who had a difficult decision to make about a child. He’s mentioned in the Bible.”

  “I believe every word in the Holy Bible,” Jimmy said. “Did the judge in the Holy Bible pray about what he should do?”

  “I suppose so.”

  “Have you prayed?”

  The judge sat back and his eyebrows went up. “About this case?”

  “Yes, sir.”

  “No, I haven’t.”

  “I pray about stuff all the time,” Jimmy said. “That would be a lot better than asking me questions.”

  “You think I should pray?”

  “Yes, sir.”

  Before the judge said anything else, Jimmy bowed his head and closed his eyes. Judge Reisinger briefly glanced up at the ceiling before closing his own eyes. After a few seconds, he spoke slowly and deliberately.

  “God, please show me what I should do in this case. I want to make the right decision for Jimmy and his family, amen.”

  Jimmy opened his eyes. “That was a lot shorter than when Brother Fitzgerald prays, but I think it will work.”

  “I hope so, Jimmy,” the judge said. “I sincerely hope so.”

  They returned to the courtroom. Jimmy sensed all eyes on him as he returned to his seat. Daddy leaned over.

  “Did you tell him what we told you to say?”

  “Yes, sir.”

  “What did he say?”

  “He prayed.”

  “He prayed?” Daddy asked in surprise.

  “Yes, sir, I closed my eyes, but I heard every word.”

  “YOUR HONOR, MAY WE TAKE A SHORT RECESS BEFORE CLOSING arguments?” Mr. Jasper asked.

  “That won’t be necessary,” the judge said.

  Mr. Long and Daddy were whispering and suddenly stopped.

  “Are there any unusual legal issues presented in this case?” the judge asked.

  Mr. Jasper cleared his throat. “I thought it might be helpful to summarize my client’s position for the Court.”

  “I think I know what each side wants me to do, and I’m very familiar with the appropriate statutes. My question relates to appellate authority that supports your client’s position. What cases will give me guidance?”

  “Uh, we believe Patterson v. Patterson sets out a good summary of the law,” Mr. Jasper said. “In that case, the Supreme Court—”

  “I’m familiar with the case,” Judge Reisinger interrupted. “In fact, I was trial counsel for the mother of the child and handled the appeal before I became a judge.”

  The judge turned toward Mr. Long. “Are there any unusual legal issues on your side?”

  “The long passage of time without contact or support by Mrs. Horton makes it clear—”

  “That sounds like facts, not law, to me,” the judge said. “We’ve been here long enough. I’m going to close the hearing and release the parties and their witnesses. I’ll consider the testimony, exhibits, and applicable case law and issue a decision,” the judge said.

  “Do you want us to submit written briefs?” Jasper said.

  “That won’t be necessary. I’m going to decide the case before I leave the courthouse today. If each of you will provide a phone number, I’ll verbally notify you of my ruling. The prevailing party will draft findings of facts and conclusions of law consistent with my decision.”

  Mr. Jasper told the judge a phone number. Mr. Long gave the number for Daddy’s office. The judge banged the gavel and left the courtroom. Mr. Jasper and Mr. Long shook hands. Daddy grabbed Jimmy by the arm.

  “Let’s go.”

  As they stood and moved toward the bar, Jimmy’s birth mama stepped from behind Mr. Jasper.

  “Lee,” she said. “Please wait.”

  Daddy stopped. Jimmy could see Mama coming toward them.

  “What is it?” Daddy asked.

  “Uh, I’m sorry about the past.”

  “Forget it.”

  Mama arrived but stopped short of the gate in the bar.

  “No, I mean it,” Mrs. Horton said. “I’m deeply sorry.”

  Mama spoke. “Then why have you tried to ruin our lives now?”

  “That’s not what I’m doing. I believe this can work.”

  “But you don’t know anything about Jimmy,” Mama said.

  “He likes vanilla wafers with peanut butter on them,” Mrs. Horton said.

  “Which I’ve fixed for him hundreds of times since you left. If you really cared about Jimmy, you’d let him live in peace. Bouncing him back and forth will tear him apart emotionally. Is that what you want?”

  Jimmy saw tears in his birth mama’s eyes as she turned away. He and Daddy joined Mama and walked out of the courtroom.

  “What an ordeal,” Mama said with a sigh. “I’m glad it’s over.”

  “Me too,” Jimmy added.

  “What is the judge going to do?” she asked Daddy. “You heard all the evidence.”

  “He’s going to pray about it,” Daddy answered.

  “Pray?”

  “Yes, that’s what he and Jimmy did when they went into Judge Robinson’s chambers.”

  “And then what?”

  “We’ll go to the office and wait to find out what God tells him.”

  THE WITNESSES AND MAX’S MOM DIDN’T GO WITH THEM TO Daddy’s office. Kate and Delores peppered Daddy with questions as soon as the smaller group entered the reception area; however, Daddy refused to predict the judge’s decision. They turned their focus to Mr. Long.

  “The law is clear,” he said. “Mrs. Horton’s current wealth or change of heart after ten years shouldn’t be determining factors.”

  “Is that right, Lee?” Delores asked.

  “Bruce did a good job,” Dadd
y answered. “Especially with their expert witness. We put up a good case but couldn’t keep them from scoring some points too.”

  “I’ll wait in the conference room,” Mr. Long said to Kate. “I have some work to do in another file. When Judge Reisinger calls, direct it to me.”

  The Mitchell family went into Daddy’s office. Mama sat down in a chair and closed her eyes.

  “How do people go through this day after day?” she asked.

  “Not very well. It’s one reason I’ve stayed away from domestic work,” Daddy replied.

  Jimmy picked up the dictation unit he’d played with earlier.

  “Listen to this,” he said, pushing the play button. “Do you think it sounds like me?”

  “I have the prettiest, nicest mama in the whole world. I love her very much.”

  Daddy smiled. “I agree with your opinion of your mama.”

  “Thanks,” Mama replied. “But I don’t feel very pretty. Do you think I was too harsh with Vera after the hearing? I’ve been so upset and worried—”

  “I’m not going to criticize you,” Daddy said. “Right before you came up, Vera apologized about the past to me, but I have no way of knowing if she was sincere. The only way we’ll find out if she’s telling the truth about a change of heart is if Reisinger grants her visitation or partial custody. Then her true character will come out.”

  “What will that do to my character?” Mama asked with a sigh.

  “I love you, Mama,” Jimmy said.

  Mama looked at him and smiled. Jimmy fiddled with the buttons on the dictation device.

  “I love you, Mama,” the tape repeated.

  “You can keep that tape. It’s an extra,” Daddy said to Jimmy. “Put it with your legal pad and record anything you want Mama or me to hear.”

  There was a knock on the door.

  “Come in!” Daddy said.

  Mr. Long opened the door and stuck his head inside.

  “The judge called. He’s reached a decision.”

  — Twenty-five —

  What is it?” Mama asked anxiously.

  Mr. Long smiled. “He denied the petition. He’s going to terminate Mrs. Horton’s parental rights for failing to maintain regular contact with Jimmy or pay child support. Basically, he applied the statute and wants a de minimus order that mentions his consideration of the expert testimony but doesn’t try to overanalyze it.”

  “To make it harder on appeal,” Daddy said.

  “Exactly.”

  “What about Jimmy’s preferences?” Daddy asked.

  “All he mentioned is a finding that he met with the child, who asked him to rule as he deemed appropriate.”

  “Is that right?” Daddy asked Jimmy.

  “I don’t understand,” Jimmy answered.

  “Didn’t you tell Judge Reisinger that you wanted to live with us in Piney Grove?”

  “Yes, sir. I want to stay in Piney Grove with Mama, Daddy, Grandpa, and Buster.”

  “It doesn’t matter,” Mama said, taking a tissue from her purse to wipe away the tears flowing from her eyes. “We got what we wanted and prayed for. Peace.”

  Daddy stood and shook Mr. Long’s hand.

  “Good job, Bruce. I’d like to review the order before you submit it to the judge.”

  “I’ll get on it as soon as I get back to my office.”

  Mr. Long left. Daddy buzzed Delores and Kate and gave them the news. Jimmy could hear their screams through the telephone speaker.

  “Why are they yelling?” he asked.

  “They’re happy. It’s like winning a big football game, only more important.”

  Jimmy nodded, then a thought came to him.

  “How will she feel?” he asked.

  “Who?”

  “My birth mama.”

  Mama wiped away a tear. “She’ll be upset,” she said softly. “But we have to believe that God helped the judge to make the right decision for everyone. She has two daughters to love. You’re the only child we have, and all our love belongs to you.”

  Jimmy picked up the dictation unit. “Could you say that again?”

  SATURDAY MORNING, JIMMY PEDALED STEADIY DOWN THE street as Buster ran alongside on the sidewalk. Not very many cars took the roads to Grandpa’s house, but Jimmy stayed close to the curb anyway. He’d added a rearview mirror to his handlebar, but the sound of an approaching car proved more reliable than a glance into the piece of glass. Jimmy came to the first stop sign and stopped. He looked in both directions and honked his horn. No cars were in sight, but he honked the horn again. Buster barked. They continued to Ridgeview Drive.

  It was hot, and Buster’s tongue was hanging out the side of his mouth by the time they reached Grandpa’s house.

  Jimmy rang the doorbell. It took almost a minute for Grandpa to open the door. When he did, Buster scooted past on his way to the kitchen. Jimmy hugged Grandpa and listened to his heart.

  “I can hear it better,” Jimmy said raising his ear from Grandpa’s chest. “It’s getting louder.”

  “I think that’s because it’s working harder doing ordinary activities,” Grandpa replied.

  They went to the kitchen. Buster was already in the backyard barking at a squirrel that had run up the power pole. Jimmy gave Grandma a hug.

  “Not too hard,” she protested. “You don’t know how strong you’re getting.”

  Grandpa squeezed Jimmy’s upper arm. “Wiry but tough,” he said.

  “What does that mean?” Jimmy asked.

  “You’re getting a man’s body.”

  “How is your mama doing?” Grandma asked.

  “She’s happy again.”

  “I heard you had a prayer meeting with the judge,” Grandpa said.

  “Yes, sir.”

  “It’s been a long time since Vera left,” Grandpa said, shaking his head. “What did you think when you saw her? Did you remember anything about her?”

  “I don’t think you should bring this up with Jimmy,” Grandma said. “It’s not right to put him on the spot.”

  “It’s okay,” Jimmy said. “I told everyone that I wanted to stay in Piney Grove with Mama, Daddy, Grandpa, and Buster.”

  “Don’t ask him anything else about it,” Grandma said. “I’m sure he’s been through enough. Let’s be thankful everything is going to stay the way it is.”

  Jimmy and Grandpa went into the backyard. By the time they reached the shed, the heat caused Grandpa to wipe the sweat from his forehead with the red bandanna he kept in his back pocket. Sitting on the single step in front of the shed, Jimmy glanced up at the power pole. The white marks striped the pole like a giant black-and-white candy cane.

  “Is today the day?” Grandpa asked.

  Jimmy strapped on the climbing hooks without assistance.

  “I don’t know, Grandpa. I’ve been thinking about it all morning.”

  “What were you thinking?”

  “Inside my head, I saw myself touch the top of the pole and feel a cool breeze.”

  “If that happens, send it down to me. What time will your daddy get here?”

  “He was reading the paper and drinking a cup of coffee when I left.”

  “I hope he doesn’t give up on us because of the heat.”

  Grandma opened the back door.

  “Lee is on the phone!”

  “Wait here while I talk to your daddy. Don’t try to climb that pole on your own.”

  “Yes, sir.”

  Jimmy called Buster, and the dog came running. Grandpa kept a can of old tennis balls in the shed. Jimmy threw all three balls at once and waited while Buster retrieved them as fast as he could.

  Grandpa returned.

  “Your daddy can’t come, but he said for us to go ahead without him.”

  “Are you sure?” Jimmy asked.

  “Yes.”

  “Did he ask Mama about it?”

  “She’s at the grocery store.”

  They approached the pole. Grandpa grabbed the safety rope and attache
d it to Jimmy’s utility belt. On two occasions the safety device had proved its worth. Neither time resulted in more than a slight scrape.

  Jimmy began to climb. He passed the now fading marks of his early progress. He continued to the midpoint he’d reached after several months of climbing. He slowed as he approached three-quarters of the pole’s height and looked down. Grandpa had shrunk in size. Buster looked smaller too.

  “How are you?” Grandpa yelled.

  Jimmy put his gloved hands against the black surface of the pole.

  “I feel strong.”

  “Then keep going!”

  Five more digs into the wood brought Jimmy to his previous best. From this spot he could see the sights he’d first observed during his days resting in Grandpa’s arms. The top of the pole was in sight. Jimmy adjusted the safety belt and leaned closer to the pole so he could climb monkey style. He looked up after four more digs, but the top of the pole seemed as far away as before. Sweat streamed down the back of his neck, and his shirt stuck to his chest and back. He wanted to rub his eyes but couldn’t because a piece of creosote on his glove might get in his eye and sting. He reached to the side and felt the can of paint in his utility belt. He looked down at Grandpa. The old man stood still, holding the safety rope.

  “Are you going to stop?” Grandpa called out.

  Jimmy left the paint in its place, blinked the sweat from his eyes, and kept climbing. Twice more he moved the safety belt upward. Staring at the pole in front of him, he dug in and raised himself higher. He leaned forward and slipped up the safety belt. Leaning back, he managed to rub his eyes on his shirt sleeve. He looked up.

  Just above his head was the top of the pole.

  He strained to reach up and touch it. When he did, he lost tension on the safety belt, and his left hook came loose.

  “Ride it!” Grandpa shouted.

  Jimmy knew what he meant. They’d rehearsed this many times two feet above the ground in case it became necessary to do it at forty feet in the air. He rode the momentum of the belt to the right and then let it take him back to the left. Waiting a split second longer than instinct urged him to, he reached the correct distance, solidly planted his left hook in the pole, and leaned back against the belt. He stopped swinging and looked down.

  “How was that?” he asked.

  Grandpa gave him thumbs up. “I’m very proud of you. That’s very good. Come on down.”