“I’ll invite you to make a statement about what happened and then conclude, asking the charges be dropped. That’s it. He’ll make a determination whether Bill’s allegations warrant any further action. I don’t think you have anything to worry about.”
Liz swallowed hard, nodded. She’d never get used to this.
Mike put his arm around her. “Just stay calm. He isn’t going to win.”
Jay walked in and sat on the other side of the courtroom.
“What is he doing here?” Liz couldn’t look at her son.
“Pretend he’s not.” Mike sat behind the railing next to the table.
Marianne took her seat and patted Liz’s arm. Bill, cleaned up, dressed up, and another attorney filed and took their seats. Liz stared straight ahead, wishing she’d gone to the bathroom.
High heels clacked. Marti sashayed in, as always dressed to impress, her blonde hair too perfect to be natural and, at nearly fifty, not looking a day over forty. She took a seat directly behind Bill, sat back, crossed her legs, and smirked.
He looked over his shoulder, mystified. Marti stared him down, winked, and waved to Liz.
Liz tried not to laugh. Her friend always raised the tension six notches wherever she went, but fortunately she was exerting her disruptive influence against the opposition.
“What is Marti doing here?” Mike leaned over the rail.
“She wanted to come for moral support. And I might call her as a witness, if need be.” Marianne kept her focus on the legal pad in front of her.
The court reporter unpacked her typewriter.
The officer announced the judge. “The Honorable Burton Katz, presiding in the matter of Jeffers versus Keeny. Please rise.”
They all stood while the elderly gentlemen hobbled to the bench and settled himself.
“Be seated. Counselors, please identify yourself.”
“James Pearson, Esq. on behalf of the plaintiff, William Jeffers, Esq.”
“Marianne Hartley, Esq. on behalf of the defendant, Elisabeth Levine Keeny.”
“Very well. Mr. Jeffers alleges that Mrs. Keeny entered his apartment building on March 10, 2011 stalking and harassing him about money she alleges he stole from her. He further alleges that Mrs. Keeny threatened him.” He paused for a breath, exhaled, which could have been age or skepticism.
“I am in possession of an audio transcript Mrs. Keeny made of the conversation. The formal statement by Ms. Hartley, submitted on her behalf, claims the doorman announced her arrival, Mr. Jeffers agreed to see her, that she never entered his apartment, and left a short time later.
“I have a deposition by Mr. Barton Jones, said doorman, which states Mrs. Keeny misidentified herself as Mrs. Elizabeth Levine, which is not her current surname. At this time do you have anything to add Mr. Pearson?”
Pearson stood and buttoned his suit jacket over his middle. “Mr. Jay Levine, Mrs. Keeny’s son, has a statement of fact which impacts upon this matter.”
“Mr. Jay Levine please approach the bench.”
Jay strode up the center aisle, looking at neither his mother nor his attorney.
Liz clutched her abdomen. Her son’s betrayals hurt worse than anything.
Marianne turned to her. “He has nothing to do with this. I guess Bill is desperate.” The court officer barked. “Please raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?”
“I do.” Jay glanced at Bill.
The judge leaned over the bench. “All right, Mr. Levine. What do you have to add?’
Jay turned sideways so he could see both the judge and the tables.
Bill smirked, as usual. Liz wanted to throw up, as usual.
Jay looked so much like his father, it could have been Gerry standing there. “I’m here to ask that this matter be dismissed. Mr. Jeffers was my attorney. He took full advantage of my naiveté. He convinced me to pursue legal action against my mother when she removed custody of my father’s estate from him because of alleged ethical improprieties. I chose to place my faith in Mr. Jeffers, allowing him time and opportunity to misappropriate partnership income due her from my father’s estate.”
Liz’s gasp was drowned out by Pearson’s infuriated tirade.
“Objection, your honor. Other . . . other legal proceedings against Mr. Jeffers have no bearing on this case and are not admissible.” Pearson recovered his composure.
“Sustained, but Mr. Pearson, this is your witness. Mr. Levine, why are you bringing this to bear in this matter at this time? What does this have to do with your mother allegedly threatening Mr. Jeffers?”
“He used me to steal her money. She went to confront him. He was so drunk when he called to tell me, I could barely figure out what he was saying. Mr. Jeffers told me he intended to see my mother thrown in jail. Take a look at her, your honor. What could she possibly do to Mr. Jeffers while holding my baby brother in her arms? He’s a miserable creep who has no regard for anyone except himself.”
“Objection, your honor!”
“Overruled, Mr. Pearson. You asked that Mr. Levine make a statement, which is what he has done. Mr. Levine. I can appreciate you want to make some amends, but this case has nothing to do with any other pending actions. I’m sure your day in court, as well as your mother’s, will come. My mission is to address the matter of whether your mother threatened Mr. Jeffers.”
He turned to the court reporter. “All references to any other pending legal proceedings are to be stricken from the record. Mr. Levine’s statement about Mr. Jeffer’s motivations, his state the night of the incident, and his mother’s demeanor and intent may remain. You may be seated, Mr. Levine.”
Liz heart pounded in time with Jay’s footsteps as he walked back to his seat.
He looked at her and mouthed, “I’m so sorry, Mom.”
“Unbelievable.” Marianne whispered.
Mike leaned over the rail. “Is this good or bad?”
Marti applauded. “Well said, Jay.” She gave Liz a thumbs up, sat back, re-crossed her legs.
“Order in the court.” The judge banged his gavel.
“Any further statements, Mr. Pearson?”
“No, your honor.” Pearson alternated between Jay and Marti with looks meant to kill.
Emboldened, Liz stared at Bill until he turned away. He wasn’t smiling this time. Neither was Pearson.
“Ms. Hartley?”
“Mrs. Keeny would like to make a statement.”
“Very well, Mrs. Keeny, please come forward.”
“Go for it, baby.” Mike tapped her shoulder
“Take it easy, Liz Just like we discussed.” Marianne patted her hand.
Liz’s knees wobbled as she walked. Every eye in the room bored into her back, but there were more friendly than unfriendly ones. She put her hand on the bench to steady herself and turned to the side, just as her son had done.
“Are you all right, Mrs. Keeny?” The judge leaned over and touched her arm.
“Yes, your honor.”
The court officer’s demeanor softened as well. “Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?”
“I do.” Liz said it while staring Bill down.
“All right, please make your statement.” The judge sat back.
Liz recited the script she’d rehearsed. “Your honor, Mr. Jeffers stole my money, my security, ruined me financially, drove a wedge between my son and me. I wanted him to know how angry I was and went to tell him so. He agreed to see me and met me in the hall, drunk. He appeared so menacing, I didn’t dare enter his apartment while holding my infant son. I taped and transcribed the conversation in case something happened.”
“All right, Mrs. Keeny. Please be
seated.”
Liz focused on Mike’s big smile. Tears clogged her throat, but she wouldn’t be branded an emotional wreck.
Marianne patted her leg. “Good job, Liz.” The judge rifled through papers. “Any further statements, Ms. Hartley?
“Your honor, I subpoenaed the surveillance videos from Mr. Jeffers’ apartment building’s management. They will show Mrs. Keeny stopping at the front desk to speak to the doorman, what happened in the hall, as well as her leaving. I have not received those tapes and ask that any decision you make be reserved until such time as they are delivered.”
The judge squinted in Bill’s direction. “Mr. Pearson, are you aware of any reason for the delay in those tapes being delivered?”
“No, your honor.” Beads of sweat glistened on his pate.
“Please see to it I have that material on my desk by close of business Monday or I will automatically dismiss this case for insufficient evidence. Assuming receipt of those tapes, I will issue my judgment on whether this case will proceed within one week. Dismissed.”
He banged his gavel and stepped down.
“All rise,” the officer directed.
Liz dragged herself to her feet. As soon as the judge left, Mike and Marianne hugged her.
Marti hurried over. “What goes around comes around, Liz. I’d planned to take you all to lunch, but it’s Eddie’s birthday, and your family needs time alone. Call me. Bye, Mike, Marianne.” She blew kisses and clacked out.
Liz only wanted to see her son.
Jeffers and Pearson had him cornered, but Jay wasn’t intimidated. “You’re going down, Bill. Hard. If not this time, the next. I’m doing this for my father as well as my mother.”
Jeffers and Pearson grabbed their things and left.
“Mom.” He pulled her into an embrace. “Now maybe you’ll believe I’m sincere.”
Liz cried on his shoulder, finally able to release the tension, the emotion, feel some relief.
He patted her back. “You can’t believe how bad I feel, Mom.”
Marianne came up behind them. “Jay, please, give my office a call on Monday. I need to enlist your cooperation in other ongoing actions.”
Jay stepped back. “I’ll do that, Ms. Hartley and there is something else I’ll need your help with as well.” He took the card she offered.
Mike put his arm around Liz. “What do you think will happen, Marianne?”
“I think this case will be dismissed. Liz has far more character witnesses than Jeffers.” Marianne rubbed her hands together, positively delighted. “Have a great weekend, everyone. I will be in touch this time next week.” She left the three of them standing there.
“I have a birthday present for Eddie, Mom.” Jay handed her a plastic bag containing a gaudy pink and purple gift box.
Emotion overruled Liz’s common sense. “We’re having a little party for him tonight. Why don’t you come up to the Cape?”
“I’d love to, but I don’t have a car. I’m camped out at a friend’s house.”
Mike lost his resolve as well. “We’ll go get your things, and you can ride up with us.”
Jay’s happy grin reminded Liz of when he was a little boy. “How could I not want to see my brother? He’s probably running all over the place.”
“Yeah, he is.” She might be losing everything, but maybe she had her son back.
“Let’s get going before the rush.” Mike took one of her arms.
“Not before I find a bathroom,” said Liz.
Jay took the other arm and they escorted her out like two bodyguards.
Chapter 41
“I’ll drive.” Liz needed to keep her mind, and her hands, occupied. Negotiating through the caverns of her past would certainly do that.
“Probably best since you know the streets.” Mike handed her the car keys.
Jay settled into the back seat. “You remember Jason, Mom. He’s at BU. I’ll text him to meet me at the dorm so I can just run up and get my things. I’ll figure out a way to get back to New York from the Cape on Sunday.”
Liz headed toward Storrow Drive, the Back Bay. More memories of Gerry. Was this whole mess with Jay really over? Was she going to be indicted, stand trial? What a miserable way to celebrate Eddie’s birthday.
The autopilot clicked on, and before she knew it, Jay was getting out of the car.
“Be right back. If you have to drive down Commonwealth to avoid the ticket police, I’ll walk to meet you. Text me.”
“No, I’ll call you,” she yelled after him. “I don’t want to waste time texting.”
Only Mike heard. “How do you text anyway?”
Liz laughed in spite of her mood. “It’s a pain until you get used to it. I’d rather just talk.”
“So what do you think about Jay’s Penance?”
Liz watched in the rearview mirror for the police. “He’s Jewish, never heard of that sacrament. But he got up there and spit it out. It won’t get my money back, but it might get me out of the pot before it boils.”
“The best you can hope for is to come to some peace, like I’ve been able to do with Allison.” His grip on her hand was firm, meant to be reassuring, but it seemed oppressive, controlling. This was one battle victory but she was still losing the war.
She slipped away, gripped the wheel. “I don’t have much hope about anything right now.”
“Liz, I know how miserable you are about selling the house . . .”
“Not now, Mike. Here comes Jay. Please, he can’t know about our personal business.”
Jay tossed in his bag and hopped in. “I can’t wait to see Eddie. And I haven’t seen the house for a long time. Have you done anything new?”
“Not since the summer.” Wait until he got a glimpse of the mess.
The last time he’d been there was their wedding, sullen, grudging, tagging after Allison and Dana like an annoying little brother. He got along better with the baby–what could anyone not love about Eddie?
Liz put her mind on the road. Mike put on light music. Jay put on his ear buds.
This weekend was either going to be a grand reconciliation or a disaster.
Liz looked at Mike, puzzled, as they drove up to the Barrett Inn and saw a strange car in the driveway.
“That’s Allison’s.” What was his daughter doing here? Neither of the kids knew they’d moved out, and this wasn’t the time to bring it up.
Liz cut the ignition and didn’t move.
“Are you coming, honey?” Mike waited by his door.
Jay was already out. “C’mon, Mom.”
She took Mike’s hand, took a deep breath, and took mincing steps over the muddy grass.
“Remember all the snow last year at this time?” Maybe reminding her about Eddie’s birthday would soothe her anguish and anxiety. That kid was the light of her life.
Even that didn’t garner a smile. Allison’s surprise visit was going to be hell for her, on top of everything else. Mike wished he could make them all go away.
Mae met them at the door. “I forgot I told Allison about Eddie’s party before she left last month. She drove down special. I’m sorry, Liz. I know you aren’t in the mood.”
“That’s okay, Mae. Look who else came.” Liz stepped inside, and Jay followed.
“Mary, Mother of God! Jay. How nice to see ya.” Mae grabbed his hand and shook.
“Where’s Eddie?” Jay dropped his bag and looked around.
“Havin’ a nap, and don’t ya wake him up. Go into the parlor and visit with Allison and Dana while I make some snacks.”
Jay disappeared.
“I want to know what happened, but now isn’t the right time. Must be good, though. Let me get back to cookin’. Ran out to the store to get what we needed. It’s
goin’ to be a big party after all.” Mae couldn’t contain her grin, and her delight.
Mike turned to Liz. “Try to focus on Eddie.”
“Nothing else matters right now.” She pushed past him and went upstairs.
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