The Choice

by Robert Whitlow

  “Yeah, I told him a little bit about my family and asked about his. I even mentioned that I’m an adoptee who’s glad my mother didn’t abort me.”

  “You didn’t tell him who I am, did you?”

  “No, but he needed to know that I have a high level of personal interest in this case. I also wanted to find out how hard-core he was about abortion rights. He thinks a woman’s right to end a pregnancy should be protected from restrictions.”

  “Even late term?”

  “We didn’t get into specifics.” Jeremy looked in the rearview mirror. “And I told him you were a nice lady who was trying to help a student.”

  “Did you say nice older lady?”

  “I might have.” Jeremy smiled.

  “You didn’t!”

  “No, but I said you’re a well-respected teacher who is not going to come across in court as a fanatic crackpot.”

  “Why tell him that?”

  “So he’ll have questions in his mind about whether his client is telling him the truth about you. Believe me, if he’s got any skill as a trial lawyer, he’ll size you up in a couple of minutes.”

  “What’s he going to do after he sizes me up?”

  “Try to cut you up.”

  “Then now would be a good time for you to tell me how to keep that from happening. And don’t go easy on me.”

  “Okay,” Jeremy said. “What will you say when Dusty accuses you of trying to force your religious beliefs on Maria?”

  Sandy thought for a moment.

  “There’s so much I could say in answering a question like that.”

  She told him about the night she started to take a sleeping pill but couldn’t bring herself to risk harming the tiny life within her.

  “That’s a powerful story,” Jeremy said quietly when she finished. “You want to protect an unborn child because you’re a mother. It’s your essence. You don’t need a religious or political reason to do what is as natural for you as breathing.”

  Sandy felt her emotions rising. She stared out the passenger window.

  “It must have broken your heart to—” Jeremy began.

  “Please,” Sandy said. “Don’t make me go there.”

  “I’m sorry,” Jeremy responded. “I was thinking out loud. You did the right thing placing me for adoption. I believe that. But everything you’re saying makes me appreciate you more.”

  “That’s not helping either,” Sandy said as she took a pack of tissues from her purse. She wiped her eyes and blew her nose. “I’m going to have to redo my makeup before we get to the courthouse.”

  They rode without speaking for several miles. Sandy wasn’t sure what was in Jeremy’s mind. She was clawing her way out of raw feelings from old wounds that were still sensitive.

  “I need to practice answering questions,” she said when she’d regained her composure. “Let’s try again.”

  Jeremy repositioned his hands on the steering wheel.

  “Okay, but don’t hesitate to use what you just told me in an answer.”

  “Which part?”

  “How you can’t stand the thought of an unborn baby being harmed.”

  “I’m not sure I can do that without crying.”

  “Genuine tears aren’t a bad thing in court, but I think you’re going to have your game face on.”

  “How can you be so sure?”

  Jeremy smiled. “Because I’m the same way. I can be a softy in private, but when something important is on the line, I’m serious and focused.”

  “I hope you’re right.”

  Sandy told him some of the things she knew about fetal development, beginning with what she’d learned during her first few days at Linda’s house.

  “I look forward to meeting your aunt,” he said. “And adding a scientific reason for your belief helps.” Jeremy switched lanes to pass a car. “Also, don’t hesitate to use an answer as a chance to give a little speech. Dusty will try to make you sound like a bigoted member of a conservative religious group. You can use a question like that to explain to the judge that you have strongly held beliefs yet understand your role as a public school teacher with almost thirty years of experience. That way, you admit what is true but put it in the context of your professional obligation to Maria. A student has a right to know about her options and then make up her own mind. You can give the judge examples of conversations you’ve had with Maria and what you told her.”

  “Am I allowed to do that? Isn’t that what they call hearsay?”

  “No, it would be hearsay if you testify to what Maria said to you.”

  “I’m not sure I remember what I’ve told her.”

  Jeremy glanced at her. “You’re a woman. You remember plenty, especially about something as emotionally charged as this.”

  Sandy had to admit she could recall a lot of details about the times she and Maria had talked since the first afternoon on the bench near the school entrance.

  “Okay, but I don’t want to get too carried away.”

  “Let the judge set the limits. His opinion is the only one that matters.”

  “Won’t you be questioning me first?”

  “Not necessarily. I suspect Dusty will call you for purposes of cross-examination during the presentation of his evidence. Remember, there’s nothing wrong with pausing for a second or two before responding. That will give you a chance to collect your thoughts so you say what you want to, not what he’s trying to coerce from you. There’s nothing more frustrating to a lawyer than repeatedly failing to make a witness look bad.”

  Sandy was less confident than Jeremy that she was going to be such a dynamite witness.

  Jeremy continued.

  “I’ll be hitting hard on the point that you were exercising free-speech rights on a controversial topic about which sincere people have different opinions. A primary purpose of the free-speech provision of the First Amendment is to create a society where ideas can be expressed without governmental restriction.”

  “That makes sense.”

  “Unfortunately, the free-speech clause isn’t as strong a weapon as some of us would like it to be, especially when it comes to speech that is linked to religion. You can tell the judge that your pro-life opinions are based on science, but we can’t deny that your faith plays a big role in what you believe. And when religious free speech comes into conflict with the prohibition against governmental establishment of religion, religious speech often loses.”

  “How am I establishing religion?”

  “You’re a schoolteacher, a paid government employee. Remember, that’s the angle I think the women’s organization wants to exploit. Schools are a huge battleground in the abortion fight because that’s where teenage girls are influenced.”

  “Did you talk to the other lawyer about that?”

  “No, it would have made him shift into advocacy mode. My purpose in calling him was to create a little bit of personal rapport with him as a fellow attorney.”

  “You were manipulating him.”

  Jeremy smiled. “In a friendly, Southern sort of way.”

  They approached the gas station where Sandy had encountered the old woman who told her she was going to have twins. The structure had been remodeled and the name changed several times. There were rows of shiny new pumps out front.

  “I need gas,” Jeremy said as he turned into the parking lot.

  “This place has been here for a long time,” Sandy said.

  She got out of the car and looked around. No strange old women seemed to be lurking in the shadows.

  “Do you want anything?” she asked.

  “No, thanks.”

  While Jeremy filled up the gas tank, Sandy went inside and tried to reconstruct her makeup in the restroom.

  “You look great,” Jeremy said when she returned to the car.

  “I appreciate the compliment, but I’d rather you not say anything else that will make me cry.”

  “I’ll do my best to avoid sensitive topics.” Jeremy grinned. �
��If we don’t hit any traffic problems, we’ll be a half hour early for the hearing.”

  “That will be thirty minutes for me to get more and more nervous.”

  They pulled away from the pumps.

  “It’s impossible not to be nervous, but you know what you’ve done and what you haven’t done.”

  “Can we practice some more?” Sandy asked. “It helps keep me from thinking about how scared I’m going to be.”

  Until they reached the outskirts of Atlanta, Jeremy pretended he was Dusty Abernathy. Several times Sandy stumbled, and Jeremy gently corrected her. Twice she used a question as an excuse to give a longer explanation of her motivation for helping Maria. The second time, Jeremy laughed.

  “Lawyers on TV control witnesses a lot better than in real life. If a witness said what you just said to me, I’d be tempted to crawl back to the counsel table and wait to fight another day.” Jeremy paused. “The real wild card is what Judge Tompkins wants to hear. There won’t be a jury, so his opinion is the only one that matters. If he asks questions, turn in your chair so you can make eye contact with him when you answer. The judge would rather hear what you have to say than the words Dusty and I try to put in your mouth.”

  The Richard B. Russell Federal Building came into view. The white structure, named after a longtime Georgia senator, dominated a city block. Jeremy drove into a parking deck.

  “I didn’t realize the courthouse was this big,” Sandy said. “Do you know where to go when we get inside?”

  “It’s more than a courthouse. It’s a big government complex, but I have a pretty good idea how to find the courtroom. If you have a gun in your purse, leave it in the car.”

  “I’m relying on my lawyer to take care of me,” Sandy replied.

  They entered the building and passed through a security checkpoint. Jeremy found the correct elevators. Sandy’s mouth was dry, and she could feel her heart beating in her chest.

  “I’m already terrified,” she whispered as the elevator climbed higher. “My heart can’t beat this fast for thirty minutes.”

  “It won’t,” Jeremy answered, checking his watch. “Once the hearing starts, your adrenaline should kick in and calm you down.”

  “Are you sure?”

  “Yes.”

  Sandy took a deep breath as they got off the elevator. Jeremy led the way down a hallway. The courtroom was empty.

  “This is a courtroom?” Sandy asked. “It’s not very big.”

  “There are several big, fancy courtrooms, but there’s no need to hold a hearing on a motion in one of them.”

  “We’re going to be sitting close together, aren’t we?” Sandy eyed the counsel tables beside each other and the small seating area.

  “Yes. Now that you know the layout, do you want to wait here or go downstairs to the snack bar?”

  “Go downstairs. Waiting here will make me more tense.”

  The snack bar was on the ground level of the building. Sandy bought a banana.

  “Did your heart slow down?” he asked.

  “Back to normal, for now. Are you nervous?”

  Jeremy smiled. “I don’t think that’s the right word to describe how I feel. There’s always a mixture of excitement and anticipation of a fight before I go into court.”

  Sandy nibbled her banana. They were at a table for two in the corner of the snack bar. Jeremy had his back to the door. Sandy looked up and saw Carol Ramsey enter. Beside her was an attractive young woman with dark curly hair. Bringing up the rear was a handsome man, somewhat taller than Jeremy, in his early thirties. He was wearing a dark-gray suit and had wavy, reddish-brown hair. He held the door open for the woman with curly hair.

  “Don’t turn around, but there’s Carol Ramsey,” Sandy whispered to Jeremy. “She’s wearing dark slacks and a white blouse.”

  Jeremy immediately glanced over his shoulder.

  “And that’s probably Dusty Abernathy with her,” he said. “Do you know the other woman?”

  “No.”

  “Then she’s the representative from the women’s group.”

  Before Sandy could say anything else, Jeremy got up and headed toward the threesome. She was amazed at Jeremy’s boldness. He walked up to the other lawyer and introduced himself, and they shook hands. Carol looked as uncomfortable as Sandy would have if unexpectedly confronted by someone she knew was about to attack her. The other lawyer seemed relaxed as he and Jeremy talked. There was something vaguely familiar about his eyes and the shape of his mouth. He tilted his head slightly to the side and ran his right hand through his hair.

  Suddenly, Sandy’s mouth went dry.

  The other lawyer reminded her of Brad Donnelly. Sandy closed her eyes and shook her head to drive the insane thought from her mind. Finding Jeremy had so unsettled her that she wasn’t thinking straight. She didn’t want to go through life inspecting strangers in grocery stores and airports, always wondering if one of them was her other son. Jeremy returned with the other lawyer in tow.

  “Sandy,” Jeremy said, “this is Dusty Abernathy.”

  Up close, the similarity to Brad was stronger than from across the room. Carol and the other woman were paying for something at the cash register. Sandy stood up.

  “Hello,” she said, trying to sound self-assured.

  Dusty took Sandy’s hand in hers and firmly shook it.

  “Nice to meet you,” he said. “We’ll talk more when we go upstairs to the courtroom.”

  “That’s why I’m here,” she replied. “To tell the truth about what’s going on with Maria Alverez.”

  “The time for that is later,” Jeremy cut in. “I just wanted Dusty to meet you and see for himself that you don’t have horns or fangs.”

  “Only when someone threatens one of my students,” Sandy found herself saying.

  Dusty glanced sideways at Jeremy, then turned and left. As soon as he was out of earshot, Jeremy leaned in close to Sandy.

  “Why did you say that?” he asked sharply. “It sounded like you wanted to pick a fight with him.”

  “He had the kind of cocky look on his face that I don’t tolerate in male students. It ticked me off.”

  “Well, I hope you’re going to keep your cool when you’re on the witness stand. Abernathy is going to try to bait you. You just made things harder on yourself.”

  “You were right about one thing,” Sandy replied.

  “What?”

  “When my adrenaline kicked in, I didn’t feel nervous.”

  “You should save that for later and use it to help you stay calm, not get feisty. Let’s get out of here.”

  Sandy took a last big bite of banana and dropped the peel in a trash can.

  “I’m not sorry,” she said as they waited for the elevator. “But if he’s in there bragging to Carol and the other woman that he’s going to make me look foolish on the witness stand, he’s in for a rude awakening.”

  Jeremy gave Sandy a puzzled look.

  “What happened to my sweet little schoolteacher mother?”

  “I guess some of the excitement and anticipation you feel when you’re about to fight in court is in me too.”

  THIRTY-THREE

  A court reporter was setting up her equipment in the small courtroom. Jeremy gave her his card.

  “When will the judge get here?” Sandy asked him.

  “Not until it’s time to start. The parties wait for the judge, not the other way around.”

  They sat at one of the two tables set up for lawyers and their clients. Jeremy opened his briefcase and gave Sandy a blank legal pad.

  “Write down anything that pops into your mind as you listen to the testimony and argument. You may catch something I miss.”

  Sandy sat with her ankles crossed beneath the table. Jeremy was busy organizing papers from his file. Sandy saw her name on the outside of the folder. Jeremy opened his laptop computer.

  “What are those?” she asked, pointing to a stack of papers.

  “Court decisions rele
vant to the issues. I want to have the full text available in case the judge has a question.”

  “Won’t the judge have a computer?”

  “Yes, but some judges like to see the papers. I’m not sure about Judge Tompkins.”

  The back door of the courtroom opened. Dusty led Carol and the other woman into the courtroom. Carol avoided looking at Sandy. Like Jeremy, Dusty immediately busied himself with preparation. A door to the side of the bench opened, and an older man with white hair and wearing a black judicial robe strode into the room. Jeremy and Dusty jumped to their feet. Sandy followed them. The judge sat down and looked at the court reporter.

  “Are you ready?” he asked her.

  “Yes, sir.”

  “On the record,” the judge said without any preamble. “This is the hearing on a motion for a temporary restraining order in the matter of Sandra H. Lincoln. Proceed for the petitioner.”

  Dusty stepped out from behind the table.

  “Your Honor, I’m Dustin Abernathy, and I represent the petitioner in this matter. Would it be helpful to the court if I summarized our theory of the case before presenting any evidence?”

  “Are you going to tell me anything that’s not in your motion and brief?”

  “Not at this point.”

  The judge narrowed his eyes. “I studied the file before I came in here, and I assume you’re prepared to present proof of egregious conduct by Ms. Lincoln sufficient to justify your claim for relief. Prior restraints against free speech, even against government employees, are granted only upon a showing of immediate and eminent threat to a fundamental right.”

  Sandy saw Jeremy tap one of the court decisions he’d copied.

  “Yes, Your Honor,” Dusty said. “And it’s my client’s position that such conduct has occurred in this case, thus justifying immediate action because of the time-sensitive nature of the rights being impacted.”

  “Proceed,” the judge said.

  “Ms. Carol Ramsey. Come forward and be sworn.”

  Carol walked up to the witness stand and stood beside it.

  “Judge, would you like to swear in all the witnesses at once?” Dusty asked.

  “Yes,” the judge said. “Everyone who may testify in this matter, please stand and raise your right hand.”