by Tom Berreman
Jason and Allison sat at the other counsel table. Neither expressed emotion as this was the ruling Jason expected. But it provided a forum for him to advance Plan B.
“Your Honor, may I address the Court?” Jason asked as he stood.
“But of course,” she replied.
“If I can direct you to the second section of my written response to this motion. I have uncovered circumstantial evidence, detailed in my brief, suggesting Ryan Dahlstrom, Laura’s fifteen-year-old son, may be Curt Jennings’ biological son. And as Mr. Jennings’ will does not specify his children, relying only on the term ‘children,’ I request the Court issue a stay on any further proceedings pending a DNA test to determine Ryan’s paternity.”
Before she could respond Ginsburg stood.
“Your Honor, this weekend my client discovered his father’s original, executed health care directive.”
“How convenient,” Jason responded. The judge ignored an otherwise inappropriate comment, failing to suppress a smile.
“Under the terms of this directive,” Ginsburg continued, “if Laura Dahlstrom Jennings is incapacitated, my client is Mr. Jennings’ sole health care directive executor. And under no circumstances will he permit the invasive procedure of DNA extraction and testing.”
“Your Honor,” Jason exclaimed. “I don’t see how a cheek swab of a comatose person can be considered invasive. I believe the sole basis for Mr. Jennings’ refusal is to undermine the legitimacy of any inheritance claim that might diminish his share of the estate.”
“While I agree with you Mr. Burke,” Judge Anderson said, “I will need to take time to review the document and reconsider any legal precedent on point. I will issue my ruling when this hearing reconvenes at ten o’clock tomorrow.”
* * *
“Dare I ask how your client miraculously found Mr. Jennings’ health care directive the day before this hearing?” Jason asked as he and Ginsburg stood in the courthouse lobby. “And why you waited until after Judge Anderson granted the declaratory judgment to disclose this act of divine intervention?”
“That is a confidential matter between me and my client.”
Jason shook his head and sighed, debating whether to call bullshit on this arrogant prick or to play nice. He elected the second course of action.
“Okay,” he said. “Can I ask whether he found Laura’s directive, which I know exists, and when you will provide me a copy of Mr. Jennings’?”
“No, he did not find a directive for Ms. Dahlstrom, I doubt one exists. And I made you a copy of Mr. Jennings’ directive,” he said as he opened his briefcase and handed it to Jason.
“Her name’s Ms. Dahlstrom Jennings.”
“Whatever,” Ginsburg said as he turned to leave the courthouse lobby.
Jason should have called bullshit.
Chapter 33.
“Hey Uncle Al,” Courtney said as she opened the front door.
Courtney and her dad had a tradition of celebrating her mother’s birthday. She had succumbed to ovarian cancer six years before, and instead of mourning they celebrated her birthday and shared memories of their times together. Sheri had been a world class surfer and met Lance on the professional circuit. Courtney’s memories of her youth were sitting in the sand with one of her parents, watching the other compete. The family drove between competitions in an old Winnebago, and her parents homeschooled Courtney until she was twelve.
They always invited Sheri’s brother, Courtney’s Uncle Al.
* * *
As they enjoyed coffee and brandy in the living room after dinner the phone rang. Lance had cancelled his cell phone contract a few years before and relied on his landline, sick of people expecting an immediate response to their voicemails or texts. He enjoyed living off the grid on the beach and figured if something were important people knew where to find him.
“I’ll get it,” Courtney said as she stood and walked into the kitchen. She answered the old school phone mounted on the wall.
“Hey Jackie,” she said. “It’s been awhile. How’s law school going?”
Jackie’s mom and dad had been Sheri’s and Allen’s childhood friends when they grew up in San Diego, were high school sweethearts and married after college. Their families stayed close and spent holidays and vacations together. Allen was Jackie’s godfather, and she hoped he might help her get a job with his firm after she graduated and passed the bar.
“Law school’s good, a lot more work than I thought it would be. Is Al there?” Jackie asked. “He’s not answering his cell, and I remembered it’s Sheri’s birthday so I figured he was there. I’ve got something I need to discuss with him.”
“Yeah, he’s here. Hang on, I’ll get him.”
“Okay, thanks. Let’s get together for lunch one of these days.”
“Sure thing,” Courtney said as she turned toward the living room. “Uncle Al, it’s Jackie. She needs to talk to you.”
Allen told Courtney he’d take the call in the den and asked her to hang up when he answered.
“What’s up, Jackie?” Courtney heard her uncle say. But as she was about to hang up, she heard Jennings. Assuming her call had something to do with Brent’s case she stayed on the line, holding her hand over the mouthpiece.
“I worked late today helping Judge Anderson with research on the motion to compel Curt Jennings’ DNA test. I just thought you’d like to know she signed the order.”
“Jackie,” Allen said, his harsh tone causing silence on her end of the line. “I’m disappointed, as a law student clerking for a judge you must appreciate your discretion is crucial, nothing discussed in chambers leaves that room.”
“I’m sorry Al, I thought your client might want to know what to expect so you could counsel him on his next steps.”
“Absolutely not. It would be unethical for me to disclose to my client advanced notice of a court’s ruling. I could get disbarred for that.”
She may have just lost her spot as Jamison Mattoon & Thorsby’s next new attorney.
As an awkward silence replaced the conversation Courtney hung up the phone, careful not to make a sound and expose her eavesdropping.
* * *
After his sister’s birthday celebration Ginsburg drove by his office to catch up on administrative paperwork; submitting timesheets, reviewing and approving client bills and other tedious tasks he couldn’t bill a client for. He was surprised when his phone rang.
“Hey Allen, this is Brent Jennings. What are you doing in the office this late? I was going to leave you a voicemail.”
“Just catching up on paperwork,” he said, curious why Brent called when they would see each other at the hearing in the morning. “What’s on your mind?”
“Jess and I were talking, and we were wondering whether I still have all the powers under my dad’s health care directive until the judge issues her order.”
“Why are you asking?”
“We’re just reviewing all our options.”
“Legally, until the judge issues her order, you retain all the powers under your father’s health care directive. But I strongly advise you against taking any actions until after the hearing tomorrow.”
“Okay, thanks. Just wanted to know,” Brent said as he disconnected the call.
As Ginsburg hung up his office phone he paused, unable to dismiss the coincidence that Brent’s phone call came two hours after he learned of Judge Anderson’s order.
Chapter 34.
Allison had stopped at the supermarket to pick up a few items for a quick brunch before she and Jason left for the courthouse to learn the judge’s ruling on whether to compel Curt Jennings’ DNA test. But a woman in the checkout line frustrated her by digging through her purse to locate her coupon for twenty cents off frozen spinach.
Allison checked her texts, nothing. She checked her emails, nothing. Her attention turned to the checkout lane newsstand. The National Inquirer had an expose that a British Royal was the illegitimate son of a former U.S. Senator. Peopl
e’s cover featured the over-hyped Sexiest Man Alive. But she glanced down and the cover on the Ventura Insider, a local gossip rag not worthy of the higher-priced upper rack placement, caught her attention.
Heirs Fighting Legal Battle: Winner is the Last to Unplug
Below the headline was a split page photo of Curt Jennings in his hospital bed on the left, and Ryan Jennings on the right. Disgusted by the tabloid journalists’ marginal ethics she grabbed a copy of the magazine and dropped it into her cart. Jason would want to see this.
The woman gave up on her search for the coupon, paid full price for the frozen spinach and Allison placed her purchases on the cashier’s conveyor belt.
* * *
“I’ve got a bad feeling about the direction this case is taking,” Jason said as he and Allison drove to the courthouse.
“I have to agree,” Allison said. “I’m convinced Brent is hiding things from us, and afraid he will manipulate his power as executor of Curt’s estate to screw Ryan out of what he should have coming. And Ginsburg bends over backwards to enable him.”
“That’s what’s causing my bad feeling.”
“And that damn tabloid story doesn’t help matters.”
“That’s for sure.”
Jason shook his head in disgust, drumming his thumbs on the steering wheel as he waited for the red light to change.
* * *
“I hope you don’t expect me to delay this hearing again because your client is late,” Judge Anderson said to Ginsburg at ten o’clock, noting the empty chair next to his.
“No, Your Honor. He left me a voicemail this morning that he has an important meeting with his father’s doctor and will not be attending.”
Something in Ginsburg’s voice caught Jason’s attention. He didn’t sound like a strong advocate, more like he was concerned at his client’s absence.
“I don’t like the sound of that,” Jason whispered to Allison.
He was drumming his thumbs on the counselor’s table just as he had on the steering wheel. She placed a hand over his, hoping to ease his anxiety.
“Very well,” the judge continued. “I reviewed Mr. Jennings’ health care directive and relevant legal precedent and determined that a DNA test is not an invasive medical procedure that violates Mr. Jennings’ wishes or triggers the power of his executor to object. I am therefore issuing an order compelling a DNA test at the earliest practical time.”
Jason looked over at Ginsburg, expecting him to object, but he closed his briefcase and stood to leave the courtroom. His body language sent a message the ruling was inconsequential.
“We need to get to the hospital,” Jason said to Allison. “Now!”
* * *
“I’m sorry Mr. Burke,” the ICU nurse said. “We removed Mr. Jennings from life support at eight o’clock this morning and released his body to the Johnstone Mortuary for cremation.”
“Under whose authority?” Jason demanded. He struggled to subdue the frustrated anger that had replaced his confidence from the judge’s ruling. “I have a court order compelling a DNA test from Mr. Jennings.”
“Mr. Jennings’ son presented a valid, enforceable health care directive stipulating his father did not want artificial life support if he were in a persistent vegetative state. Our hospital’s legal counsel reviewed the document and approved his removal from life support. He passed away less than thirty seconds after we removed the ventilator.”
Jason turned at the sound of a familiar voice and saw Brent and Jessica leaving the ICU waiting room.
“Wait,” Allison said as she grabbed Jason’s arm, sensing his rage boiling over.
He jerked his arm away and walked toward the Jennings siblings, his long, quick strides showing he was on a mission. He grabbed Brent by both shoulders and slammed him against the wall.
“You bastard,” he said in a hushed, but angry, voice. “You knew damn well that at ten o’clock this morning the judge was ruling on compelling a DNA test, so you rushed your dad off to the crematorium just in case the ruling went against you.”
“What’s he talking about Brent?” Jessica asked. It appeared Brent was not forthcoming with his sister concerning the legal proceedings.
“We have circumstantial evidence that Ryan is Curt’s biological son,” Jason said to her, holding his grip on Brent. “And the court thought it was enough to compel a DNA test.”
“Let go of me,” Brent said. “I should have you arrested for assault.”
Jason squeezed again, pulled Brent toward him and slammed him harder than the first time, causing his head to bounce against the wall.
“Let him go,” Allison said, having caught up to him.
Her calm voice caused Jason to take a deep breath and release his grip.
“Brent, is there something you’re not telling me?” Jessica asked.
“Shut up,” he replied as he rubbed his sore shoulder. The anger in his face scared his timid sibling, but only further edged on Jason. Brent turned to look at him.
“My lawyer told me I had the powers granted to me by my dad’s health care directive until the court issued the order.”
“When did he tell you that?”
“Last night,” Brent said. “So, after talking with Jessica we agreed to cease life support and have him cremated. Just like he wanted!”
Ready to continue his physical assault, but showing restraint, Jason turned to Jessica.
“Did you really agree to this? I got the sense you didn’t want to rush the decision, but your older brother intimidated you, making decisions for the family no matter what you thought.”
“My dad’s gone, and I just want this to be over as soon as possible,” she said. “When Brent told me we could sort through his estate with no interference from you I agreed. It was totally my decision.”
“But what about Joshua?” Allison asked.
“You heard him give me his proxy, so from now on Brent represents the Jennings’ family interests.”
With one sentence Jessica dashed Jason’s hope that one of Curt’s rational children might cooperate.
But Jessica was not being one hundred percent forthcoming.
* * *
Two days before, alone in her hotel room, she had pondered the difficult decision her family faced after Ginsburg filed his motion. She was still convinced her father would not want to live like that, but called Joshua to make sure he agreed. He had advocated his position since the first day at the hospital, but together they agreed they should wait to see how the probate court ruled.
Finding nothing interesting on TV she caught up on Facebook. As she logged in she received notification her husband was “tagged” in a posted photo. Tony was at a bar with his arm around an attractive young woman she recognized as his dental hygienist. She was looking at him with passion, her hand on his upper thigh, brushing against his crotch.
His smile was a contented look she hadn’t seen in a long time.
She had suspected Tony was having an affair. His sports bar visits with his buddies had become much longer. And almost every Sunday he was summoned for emergency dental procedures that couldn’t wait until Monday, but she often detected the scent of a woman’s body wash when he returned home.
Jessica rarely drank, an occasional glass of wine with dinner, but thought fuck it and raided the hotel room mini-bar. After several rum and cokes she found the resolve to call Peggy Nelson, Tony’s office manager who she had gotten to know well. She told her what she saw on Facebook and Peggy exposed her husband’s affair.
It was common knowledge in the office Tony and Brittany had been in a sexual relationship for over a year. That didn’t surprise her given Tony’s coolness the last year, but as the conversation continued, she changed her outlook on life.
Office scuttlebutt was that Brittany was pregnant but Tony was waiting for the windfall from his father-in-law’s estate to become marital property. He planned to divorce Jessica, take his half of their marital property and start a new life with his pr
etty, young dental hygienist.
And their child.
After she ended the call Jessica drank two more shots of rum, not bothering with the coke, and passed out on her hotel room bed’s cheap duvet.
The morning of the hearing, fighting a hangover like she hadn’t experienced since her high school prom, she called a lawyer she met in her Pilates class. After agreeing to represent her, he advised her to start probate of her father’s estate as soon as possible and preempt Tony’s plan by filing divorce papers first. The papers would declare that, given her husband’s infidelity and fathering a child out of wedlock, any proceeds from her father’s estate were excluded from marital property.
But Brent had never discussed her consent, and she was on the phone with her lawyer when he directed the doctors to remove their father from life support. She arrived at the hospital a half hour before Jason and Allison.
* * *
“Sorry Brent was able to brainwash you,” Jason said to Jessica.
She didn’t respond but stared at him through emotionless eyes.
“Come on, let’s get out of here,” he said to Allison. “I can’t stand to be near this selfish, arrogant prick and his brain dead sister any longer than I have to.”
They turned and walked away, leaving two silent and perplexed Jennings siblings standing in the hallway.
* * *
As the elevator doors opened Jason and Allison stepped into the hospital lobby and a reporter and cameraman from the local CBS affiliate approached them.
“Excuse me, Mr. Burke,” the reporter said. “As the lawyer representing Laura Jennings in this rather bizarre probate matter…, some in the press have dubbed it the ‘battle to unplug last’…, do you have any comment?”
Jason cringed at the reference to the tabloid headline, not considering its source legitimate press, before he responded.
“Yes, as a matter of fact I do,” he said. “We have presented to the probate court circumstantial evidence Ryan Dahlstrom may be Curt Jennings’ biological son. At ten o’clock this morning the probate court issued an order compelling a DNA test to substantiate whether Ryan is an heir to the Jennings’ estate. Arriving at the hospital minutes ago I learned Mr. Jennings was removed from life support and at this moment his remains are being cremated in blatant disregard of the court order.”
