by Una Tiers
“Your honor, this is a terrible injustice,” Attorney Ootladder began. “A terrible injustice was done to the decedent when she loaned money to Alice Dime and was never repaid. The evidence will show that the decedent needed her money for food and pharmaceuticals and that the daughter, Alice Dime stole it from her, she tricked her out of her hard earned money.
The evidence will show the decedent owned thousands of dollars of jewelry, expensive jewelry. No one can say where that jewelry is today. The evidence will show that Alice Dime had access to her mother’s house after her death and that now the jewelry is missing. My clients have been robbed of their share of inheritance jewelry and we are asking this court to do the right thing and order the repayment of the loan and the value of the jewelry to the estate.”
That was the petitioner’s opening statement or prediction of the case.
“Defense, do you want to make an opening statement?”
“Yes Judge, briefly.” Attorney Arturo Gomez represented the respondent. Arturo was very pale, tall and thin. His sports separates didn’t fit particularly well and the heels on his shoes were worn down.
Laslo trusted him immediately as much as he distrusted A.J. Ootladder.
“Good morning Judge King. My name is Arturo Gomez and I represent Alice Dime, the oldest daughter and administrator of the estate of Josephine Dinero, the decedent. Ms. Dime is also the respondent in these citation proceedings. Josephine has two other daughters, namely Betty Sense and Christine Penny.
Josephine died intestate, without a will on January 31, 1987.
The estate has been completely inventoried. You will hear testimony that my client and her mother were very close. They spoke on the phone every day. They spent holidays and birthdays together.
Josephine Dinero gave my client, her daughter, gifts from time to time. That is normal from parent to child. Some of the gifts were cash. There is no jewelry inventoried in the estate because Josephine never owned any valuable jewelry.
Everything that she owned, customarily called costume jewelry, was properly inventoried. Her daughters Betty and Christine weren’t close to their mother. In fact, they were estranged from their mother and sister Alice for at least nine years.”
“Objection. Objection. Judge, Mr. Gomez is trying to testify, he doesn’t know what happened.” A.J. Ootladder was in a rage.
“This is opening statement counsel. Overruled.” Laslo had copied this statement verbatim from Judge Fullhammer. At the time he thought it was unnecessary. Judge Fullhammer also shared his considerably lengthy opinion that opening statements were a waste of time and that there were several trial tricks the attorneys would use. He urged Laslo to make his shopping list while the opening statements were delivered.
“May I continue?”
“Yes Attorney Gomez.”
“Christine, the plaintiff co-petitioner, was estranged from her mother for more than ten years.”
“Objection,” Attorney Ootladder screamed and he jumped to his feet.
“Overruled,” Judge King responded quietly.
“May I continue,” asked Attorney Gomez.
“Yes.”
“Josephine Dinero gave gifts to her daughter Alice. The petitioners will not be able to show you loan documents because there weren’t any loans. The co-petitioners, Betty and Christine were estranged from their mother and sister for eleven years. They will talk about a mysterious velveteen box that was not at the house after Josephine died. They did not see anyone take the box.
You will also hear testimony from a jeweler who never sold the decedent any rings, necklaces or diamond anything. You will hear from a neighbor who saw my client visit her mother’s home.
At the end of the evidence we will ask the court to deny the petition and to award costs to the respondents for this meritless proceeding.”
“Judge, I’d like to say something,” A.J. boomed in a bear like voice.
“You had your turn counsel.”
A.J. threw up his hands in helplessness, whispered something to his client and sat down shaking his head.
The judge wondered why Gomez escalated the number of years of estrangement, was he nervous? Clever? Sneaky?
“Well then, your honor, I would like to call a recess. I think opposing counsel and I would like to talk about some things.”
“Some things?” Judge Laslo asked. “We are at trial.”
“I’d like to talk to Mr. Gomez.”
“Mr. Gomez?”
“Judge we would like to proceed with the hearing.”
“Petitioner call your first witness.”
“But judge,” A.J. whined, flapping his arms up and down like a chicken just learning he could not fly.
“Call your first witness counsel.”
With a huge sigh and much resignation, A.J. said, “We call the co-petitioner, Christine Dinero.”
“Isn’t her name Christine Penny?” Laslo asked in confusion.
“My client wants to be called Christine Dinero. Your honor I would like permission to call her Christine Dinero.”
“Alright counsel.”
The witness testimony was painfully slow. Laslo realized that he would need to learn about the Dead Man’s Act because it was at the core of most objections. The other repeated objection was that the testimony was hearsay. He remembered that the rule was peppered with exceptions that made it nearly meaningless if you could recite the correct exception or one that was reasonably close.
Christine Penny Dinero testified she had a regular relationship with her mother over the years. She said they were never estranged. Her answers were poorly memorized and some didn’t even match the questions.
“Ms. Dinero did your mother ever give you a birthday gift?” A.J. asked.
“My mother, there is no way to cushion this, was too cheap to part with a ten dollar bill.”
She continued calling her mother cheap when it came to presents and clothing. She said that they talked often, sometimes every day. She said her mother had a lot of very expensive jewelry and that it was not inventoried.
Mr. Gomez stood up to cross examine the witness.
“Judge,” A.J. whined, “We need to take a break, I can see that my client is close to collapsing.”
“Mr. Gomez how long will your cross examination take?” the Judge asked.
“No more than fifteen minutes judge.”
“We’ll take a short break after cross examination.” As A.J. jumped out of his seat, the judge added, “Sit down counsel.”
“Ms. Dinero,” Mr. Gomez asked, “you testified you talked to your mother every day?”
“Yes every day.”
“Who made the calls?”
The witness looked over to her attorney catching Laslo’s attention.
Mr. Gomez walked to the counsel table and picked up a sheaf of papers that he examined.
“Would you like me to repeat the question?” Gomez asked with overplayed innocence when she didn’t answer.
“Objection,” A.J. shouted as he rushed up to his client. “Judge he’s badgering my client. Maybe she doesn’t remember.”
“I don’t remember,” Christine parroted in relief.
Ootladder was hovering over Gomez.
“Mr. Ootladder, step back.” The judge directed.
“Judge I demand to see the papers Mr. Gomez has in his hand,” belched A.J. Ootladder.
“Judge, Mr. Ootladder isn’t allowed to see my work product,” Gomez countered.
“Mr. Ootladder step back,” the judge said, “Please go on Mr. Gomez.”
“Did you ever drive from your home to your mother’s home to visit her?
“Of course,” she answered with indignation and a little triumph
“Is parking restricted near your mother’s home?” the attorney asked.
“Well, where there is parking right in front of her house.” The witness didn’t see the trap.
Mr. Gomez showed the witness a picture. She said it was a picture of her mother’s ho
use.
“And is there a sign in front of her house?” the attorney asked.
“Yes it says no parking,” the witness answered before she realized what happened.
“Ms. Dinero, you said you spoke to your mother every day on the telephone, is that correct?” Attorney Gomez asked.
“Yes, sometimes more than once a day.”
“Were those calls made by you?”
“Yes, my mother was too cheap to run up her phone bill.”
“Did you make those calls from work?”
The witness didn’t answer.
“Do you know if you were at home or at work when the calls from you were made to your mother?” Gomez repeated his question very slowly.
“I don’t remember.”
“Thank you,” nodded Mr. Gomez.
“Did you attend your mother’s funeral Ms. Dinero?”
“No one called me.”
“Did you call your mother in January of 1987?”
“I’m not sure.”
“Wasn’t it your testimony you spoke to your Mother every day?” the attorney asked.
“Yes, except when she was dead.”
“How many times would you estimate you talked to your mother in January of 1987?”
“I have no idea.”
“Was it every day?” Gomez asked quietly.
The mumbled response spoke volumes.
“Did you try to call your mother in February of 1987 Ms. Dinero?”
“No, she was dead.”
“Was it your testimony that you didn’t attend your mother’s funeral because no one called you?”
“Yes.”
“And you said you couldn’t reach your mother in February of 1987, correct?”
“No she was dead,” Christine retorted with growing impatience.
“But wasn’t it your testimony that you learned she had died when you received probate documents?”
“Yes, my sister didn’t call me, I want to sue her.”
“So, between the end of January 1987 and March 1987, you didn’t make any calls to your mother?”
“No.”
“Did you go to the house to check on your mother?” Gomez asked lightly.
“I was too busy, I work hard all day and don’t have time to run over there all the time.”
“So all of February of 1987 you didn’t call your mother?”
“No.”
“And you didn’t go over to her house to check on her?” the attorney asked.
“No I work.”
“Did you call the police to check if she was alright?”
“No. I didn’t know she was dead.”
“Did you call either of your sisters to ask about your mother?”
“She should have called me.”
“When you say she, do you mean your sister Alice?”
“Yes, Alice should have called me.”
“But you didn’t call her?”
The witness response was not audible.
“Ms. Christine Penny Dinero, did you testify that you didn’t learn your mother had passed away until you received the probate papers?”
“Yes, because she didn’t call me.”
“Did you leave messages for your mother?” Mr. Gomez walked over to his table and placed a box from under the table on top. Slowly, he opened the box and removed a smaller box. From the smaller box he removed what looked like an answering machine.
A.J. was on his feet, waving his arms and Laslo warned him before he spoke, “Mr. Ootladder, please sit down.” The judge’s voice boomed across the courtroom and had a wee echo.
Mr. Gomez looked at the witness.
“No further questions judge,” Mr. Gomez sat down.
A.J. declined to ask his client more questions, (redirect). Betty Sense was the next witness. Her testimony was almost identical to her sisters. She said that she didn’t attend her mother’s funeral because she was on a two day cruise and didn’t take her cell phone with her.
Much like her sister, Betty’s memory failed her on cross examination.
The next witness was a neighbor of the decedent’s who said that he often saw Alice carrying large packages out of her mother’s house late at night. On cross examination he could not remember when it was. He didn’t know what was in the packages. He didn’t see her put the packages in her car or in the trash pick-up in the alley. He didn’t know if Alice did laundry for her mother.
Ootladder called a jeweler as his next witness. She testified that Christine described a diamond ring to her that she would value at about fifteen thousand dollars. On cross examination she said she never met Josephine Dinero, never sold her a ring or any other jewelry, and never saw the ring that Christine described.
Betty Sense’s husband, Al, testified that he saw his mother in law take out an old velveteen box from the hall closet many times. He said she would count the money from the box on the dining room table after a few glasses of wine. He guessed there were thousands of dollars in the box, along with a lot of jewelry, expensive jewelry. On cross examination, he could not remember the last time he was at her house, or the last time he saw the box. He could not describe the jewelry.
When asked to describe Josephine Dinero’s clothes, Al said his mother in law dressed in designer clothes, just like his wife.
Christine’s son testified he visited his grandmother Josephine all the time with his mother. Laslo estimated his age at ten or twelve. He could not tell what time of day or what days of the week they visited his grandmother. He said that he never received more than a birthday card from his grandmother with a ten dollar check inside.
The petitioner rested at this point.
Then it was time to hear from the other side of the matter, the defense.
Alice Dime testified she was always close to her mother. She said about nine or ten years back, Christine and her mother had a really bad argument over money. Alice admitted she received gifts from her mother over the years that may have totaled thousands of dollars. They were gifts and not loans. She described her mother as kind and generous.
On cross examination she said one gift may have been for around fifteen thousand dollars. She said her mother had a glove compartment of moving violations. Her insurance was canceled and she gave her car to Alice. She said she drove her mother to the store and to doctor’s appointments. She said they went out to eat once in a while to the buffet restaurant near her house.
She had not seen her sisters Betty or Christine since Christine borrowed Alice’s car to elope about twelve years ago. On cross examination she admitted that her mother could have had visitors when she, Alice, was not there.
An insurance broker testified he wrote Josephine’s homeowners and car insurance policies for years. He said she let the homeowners insurance policy on her home lapse two years before her death. He testified in the ten or fifteen years he wrote her policies, she never had riders for any valuables, like silverware or jewelry. He didn’t remember ever seeing her wear jewelry.
The trial took five full days, and two bottles of antacids (for Laslo) to complete.
The closing arguments were a repetition of the favorable testimony for each side.
“The trial is complete gentlemen?” the judge asked in relief.
“Yes Judge,” Mr. Gomez answered.
“Well judge, of course we reserve the right to make several post trial motions,” A. J. pouted.
“Thank you counsels, please return at 2 PM three weeks from today and I will give my decision in the matter. Court is adjourned.”
“Judge, I usually come to court on Tuesdays, can we change the date?” A.J. demanded.
“Same day, three weeks,” Laslo repeated while narrowing his eyes a little. With that he left the courtroom taking long determined steps, his robes waving behind him like a black dust cloud.
Back in his office, Laslo felt the weight of injustice on his shoulders. After a short nap with his head on the desk, he borrowed a briefcase and took home the parts of the fi
le that he had copied during the lunch hour.
He drew charts, made lists and reread all of the pleadings. He reread his notes and then started all over again. He could find nothing to support the petitioner’s case. What were they thinking? His exhaustive review continued for over a week before he started to draft his order. He reached the same decision he had reached on the last day of trial. The petitioner had not proved their case.
He asked Judge Curie to review his order.
“Did they hire a court reporter?” he asked.
“No.”
“Then go with the bare bones, not a word more.”
On the day he set for his ruling, the attorneys entered the courtroom and were surprised to find Laslo waiting for them. This is a deviance from business as usual where the judge doesn’t come in until everyone else is waiting.
When Laslo nodded to Gena, the case was called and he spoke calmly, softly and deliberately. He worked hard to conceal his mirth that the case was finally over. He spoke so softly the attorneys had to lean forward, like a barbershop quartet (short one member) to hear him.
“The clerk will provide each of you with one copy of the order.” He nodded and left the bench, disappearing quickly into the safety of the judicial corridors behind the courtrooms.
The attorneys were rooted in place for a few seconds. A. J. rushed forward to the clerk, waiving a set of papers. “I have a motion to present.”
“Motions are heard on the morning call counsel,” Gena (the court clerk) reminded him.
“Well I want Judge King to come back and hear it now.”
“He’s done,” Gena disappeared and a sheriff blocked the door to the back corridor when A. J. tried to follow her.
Laslo waited an hour and left the courthouse looking over his shoulder.
The next morning Laslo was assigned his own calendar. He would now become a full time jurist with a load of cases that frightened him.
His calendar would be made up of a percentage of the existing judge’s calendars and he would receive his share of new cases. While Laslo knew he couldn’t quit, the idea was really appealing.
With an average of five or six thousand probate cases filed each year in Cook County, Laslo feared his share of decedents cases would be as many as a thousand. He prayed they would be spread evenly over twelve months.
