“On those nine visits, do you recall the number of times you brought the children to see their mother?”
“No, but I’m sure you’re going to tell me,” JT answered flippantly.
“Six,” Dudley replied. “Three times prior to Christian’s birth, once to see him in the nursery, once the day he was released into your care, and once when the primary purpose of your visit was to elicit your wife’s assistance in asking your in-laws for a loan. Six times in almost eighteen months. Is that your idea of devotion?”
“Objection,” Noreen called out. “Counselor is badgering the witness!”
“Mister Caruthers is a hostile witness,” Dudley countered, “and I’m trying to clarify the issue of visitation brought up in direct.”
“I’ll allow it,” Judge Brill said.
“You went to visit your wife on three other occasions,” Dudley said. “Do you recall the reason for any those visits?”
“Hmm,” Jeffrey said, stalling for an answer. Suddenly his expression brightened.
“Now, I recall. There was a conference with Liz’s doctor. I was going to visit anyway, but I was able to time it so that I could be there to talk with the doctor.”
“That’s right,” Dudley replied. “You were there for that one conference. But you missed all of the others, didn’t you?”
“What do you expect? I was working at the store all day and taking care of the kids all night!”
“Right, you mentioned that,” Dudley said sarcastically. “But let’s move ahead to your next visit. That one was solely for the purpose of asking Elizabeth to sign for the second mortgage you wanted to take out, wasn’t it?”
“No.” JT glared at Dudley.
“Elizabeth refused to sign that mortgage application, because she was concerned about her children not having a home. Aren’t those the same children you claim to be protecting?”
“I am protecting them!”
“And on another of your so-called visits wasn’t your intent solely to ask Elizabeth, who had just been diagnosed with a brain tumor, to play upon her father’s sympathy and suggest he give you the necessary funding for your store?”
“I didn’t want him to give me the money,” JT answered. “I wanted a loan.”
“A loan?” Dudley repeated. “A loan like the other loans he’d given you? But doesn’t the word loan infer that it’s something to be repaid?”
JT’s mouth curled into a hateful sneer.
“The answer is yes,” Dudley said. “Yet on five previous occasions you obtained loans from Charles McDermott, loans totaling one-hundred-and ten-thousand dollars, and never repaid one cent of that money. Isn’t that true?”
“I intended to,” JT said defensively. “That’s why I needed another loan, so I could keep Caruthers Couture afloat. Without that store, I can’t repay anything.”
“But didn’t your store operate at a deficit from its opening?”
“Only because I didn’t have the money to expand the way I should have.”
“Wasn’t that ongoing deficit the reason Charles McDermott refused to give you the loan you asked for last September? Wasn’t that also the reason he suggested you consider some other line of work?”
“He doesn’t know squat about fashion!” JT shouted. “What right does he have to tell me what business I ought to be in?”
“So,” Dudley said, jumping on the opportunity, “Charles McDermott’s comments made you quite angry, didn’t they?”
“Yeah, they made me angry. Anyone would get angry if somebody ran them down the way he did me.”
“In fact, you were so angry you decided to get even, didn’t you? You decided to stop Charles McDermott, his wife, and his daughter from ever seeing your children again, isn’t that true?”
“No, it isn’t!” JT shouted.
“I think it is. I believe you used your children as a weapon to inflict pain and heartache on the family that you blamed for all your problems, a family already burdened by their own sadness. You got even by refusing to allow Elizabeth or her parents access to the children. You did it because you were driven by the desire for revenge!”
Despite Noreen repeatedly shouting, “Objection!” JT bolted from his seat.
“You’re friggin’ nuts!” he screamed. “I didn’t want Liz or her parents around because I felt it was better for the kids! That’s all, better for the kids!”
“Mister Caruthers! Sit down and refrain from such outbursts,” Judge Brill warned. “We can take a short recess if you need to compose yourself.”
JT sat down and said nothing.
“Mister Caruthers, do you blame the McDermott family for your problems?” Dudley asked.
“I don’t hold them one-hundred-percent responsible, but it wouldn’t have killed Charles to help me out financially. Maybe then I wouldn’t have lost the store.”
“So you don’t blame them for your problems?” Dudley waited for JT to shake his head.
“Well, then, can you explain why you told Doctor Peter Belleau, the court-appointed psychologist, that the McDermotts were responsible for all of your problems, including the gene that caused Elizabeth’s illness?”
“I didn’t mean it. I suppose I was just venting.”
“Were you? Or was Charles McDermott’s refusal to lend you the money the final and most influential factor in your decision to keep the children away from Elizabeth’s family?”
“I said it had nothing to do with it.”
“It didn’t? You’ve already told the court that you brought the children to see Elizabeth six times at the hospital. After she was released from the hospital and forced to move into her parents’ home, did you ever bring the children to visit her?”
“No, but that’s just a coincidence.”
“Do you honestly expect this court to believe it’s coincidental that you decided it would be harmful for the children to see their mother and their grandparents just days after Charles McDermott refused to give you yet another loan?”
“Believe what you wanna believe, but I’m telling the truth.”
“Then please tell the court exactly what did prompt you to decide it would be harmful for the children to see their mother?”
“Do you not understand dying?” JT said antagonistically. “Liz is dying! She’s gonna be out of their life soon enough, so why would I want the kids to get more attached to her? The more attached they get, the harder it’s gonna be losing her.”
“But aren’t the children already attached to their mother?”
“Less now than when she first went into the hospital. When she was first hospitalized, they cried all the time asking when Mommy was coming home. Now they don’t do that anymore.”
“What about as the children grow older? Isn’t it quite possible that they’ll wonder why they never had a chance to say goodbye to their mother? Don’t you think that even after she’s been removed from their life, they might take comfort in knowing how much she loved them?”
“I’ll deal with that when the time comes.”
“You heard Doctor Rupert’s earlier testimony. He feels that when a parent is taken away from a child without adequate explanation or understanding, the child often experiences a sense of rejection. Have you considered that possibility?”
“I don’t agree with his opinion.”
“But Doctor Rupert is a professional, whereas you’re—”
“I’m their father!” JT cut in sharply.
“Yes, you are,” Dudley answered. “And Elizabeth is their mother. If you have the right to decide what’s best for the children, shouldn’t she be allowed to have her say about seeing them?”
“No. I’m not dying; Liz is. I’m the one who’s gonna have to take care of those kids after she’s gone, so what I say is what counts.”
“You said earlier, and I quote, you ‘need to get on with your life.’ Does getting on with your life include having a lady friend who spends quite a bit of time at your house and with your children?”
; “Why? Is there a law against my having a friend?”
“There’s no law against it, but I question whether this woman is a factor in your decision to keep the children away from their mother.”
“No,” JT answered angrily. “She’s not!”
“So you say,” Dudley replied. “What about Charles and Claire McDermott? What’s your reason for not allowing them to see the children?”
“I said it before,” Jeffrey answered. “It’s going to be hard enough to raise three kids on my own without having some busybody in-laws bad-mouthing everything I do or say. The McDermotts don’t like me. They never did like me. They don’t trust me, and I don’t trust them. So the bottom line is I don’t want my kids exposed to that kind of negativity.”
“You claim the McDermotts have never liked or trusted you, yet Charles McDermott gave you loans totaling over one hundred thousand dollars and he never once asked you to sign a note. Isn’t that trust?”
“He only did it because of Elizabeth.”
“But Elizabeth had no ownership of Caruthers Couture. That store was owned by you and you alone, correct?”
“Yeah,” JT answered begrudgingly.
“If Charles McDermott were to reconsider your loan request, would you allow Elizabeth and her parents to spend time with the children?”
Noreen bolted from her seat. “Objection!”
“Sustained,” Judge Brill said. He gave Dudley a look of annoyance.
“No more questions,” Dudley stated and resumed his seat.
~ ~ ~
“Any re-direct?” Judge Brill asked Noreen, but she answered no.
“Judging by the testimony we’ve heard over the past two days, I must tell you this is an extremely complex case with many side issues. Therefore, before we proceed with summations, I personally would like to interview Elizabeth Caruthers, since she will be a key factor in my decision.”
Dudley stood. “Your Honor, with all due respect, Elizabeth would find it extremely difficult to make an appearance in court.”
“I understand that,” Judge Brill answered. “So I’ll interview her at the McDermott home. Ten o’clock tomorrow morning. The attorneys can be present, but you will not be allowed to question the witness and there will be no other participants.” The judge turned to his clerk. “Make arrangements for a stenographer.”
Moments later the judge stood, and the clerk announced, “Court is adjourned until ten a.m.”
In Elizabeth’s Words
Dudley arrived first at the McDermott house. By the time Noreen rang the doorbell he’d already downed a cup of coffee and explained why Claire could not sit in on the judge’s interview with Elizabeth. Judge Brill and a young dark-eyed court stenographer arrived minutes before ten, then all four of them—the two lawyers, the judge and the stenographer—disappeared into Elizabeth’s room, closing the door behind them.
Realizing he couldn’t do anything, Charles headed to the office. Claire, however, stationed herself at the kitchen table to catch what was said through a vent she’d left open.
The interview started with Judge Brill thanking Elizabeth for her cooperation and promising to keep the session brief as possible.
“The primary purpose of our being here,” he explained, “is to provide you with an opportunity to explain your side of this case. Respecting the fact that your stamina is rather limited, I will be the only person asking questions. The attorneys are here as observers. If either attorney feels they have a pertinent issue, they have been instructed to direct the question to me and I will decide whether or not to pursue it.”
“Okay,” Elizabeth answered and gave a right-side-of-the-face smile. Wearing gray slacks and a light blue sweater that matched her eyes, she sat atop the bed with her back propped against a pile of pillows.
“Why don’t we start with you telling me a bit about yourself?”
Elizabeth laughed. “I suppose what you see is what you get. You already know that I have three children and a husband who’s fighting to keep them from me. I live here with my mother and father because Jeffrey won’t allow me to come back to our house. Oh, and I also have a tumor in my head that’s squeezing the life out of me.”
“Well, that certainly cuts to the chase of things,” Judge Brill said. “But I’d like to hear a bit more about the children and why you feel it would be beneficial for them to spend time with you.”
“Have you ever lost someone close to you?” Elizabeth asked. “I have. I’ve lost all four grandparents, and I never even knew them. My father’s parents lived in England, and my mother’s parents died in a car crash two months before I was born. So my whole life, I’ve wondered about them. All of my friends had grandparents who loved them, but not me.
“Something like that can make a child feel terribly insignificant. I don’t want my babies to feel that way. I want their little hearts to be filled with the knowledge of how much my parents and I love them. I want them to understand that I didn’t just disappear from their lives, our Lord and Savior called me home.”
Judge Brill leaned closer soaking up every word. “But do you think it’s possible that your children might be too young to understand such a concept?”
“Not if they have a chance to experience it with me, to be part of what’s happening, to see death through my eyes and understand it’s not something fearful. It’s part of God’s plan for our life. Every person who lives is destined to someday die. It would be awful for the children to go through life seeing death as some ugly monster that snatched away their mother without a word of goodbye.”
What started out as trial testimony turned into a conversation—a conversation between two people well acquainted with the most heartbreaking aspects of life. Noreen and Dudley stood silently at the far side of the room. During a few lulls in the conversation the only sound came from the stenographer’s machine.
“Do you have any thoughts on why Jeffrey is fighting so hard to keep the children away from you and your parents?”
“Jeffrey can’t deal with life, let alone death. He believes that this situation is life’s way of getting back at him. He’s angry because he lost the store. He’s angry with my dad because he didn’t get the money he wanted. He’s angry with Mom because she loves me, and he equates that with disliking him. But most of all, he’s angry with me. Jeffrey hates broken things, and to him I’m not only broken but I’m also to blame for getting sick and forcing him into a situation where he has three kids to look after and all these financial problems.”
“But, why would he—”
“Jeffrey’s not a man of faith. He wants to believe he’s got a better plan than God. When his plan fizzles, he’s got nowhere to go and no one to turn to.”
“Have you spoken with him about—”
“Many times. But Jeffrey’s set in his way. Something is either perfect or it’s broken, and if it’s broken he wants to get rid of it.”
Elizabeth allowed the right side of her mouth to curl into a sad smile. “One time I told Jeffrey, ‘Nothing’s perfect. Life is like a sidewalk leading to heaven. We’re bound to come across a few cracks in it.’ Know what his answer was?”
Judge Brill shook his head.
“He told me, ‘When you find cracks in the sidewalk, it’s time to look for a new house.’”
“And how do you view those cracks in the sidewalk?”
“They’re God’s way of moving life’s cement. He’s giving us a chance to let something new grow.”
A long minute passed before Judge Brill asked another question. “Do you feel you’re physically able to handle all three children at one time?”
“I doubt that I could do it by myself. But my parents are almost always nearby, and they’re happy to lend a hand.”
“That might not be the ideal situation, since your husband believes the children will be adversely affected because of your parents’ dislike for him.”
“He might think that, but it’s not true. They’re disappointed because of the way Jeffre
y’s treated me, but Mom and Dad are not vindictive people and they’d never dream of saying something negative about Jeffrey in front of our children.”
Judge Brill continued chatting with Elizabeth, first about her years of living with Jeffrey, and then about her relationship with her parents. After that exchange he asked what type of visitation she wanted.
“Unfortunately, I have no way of knowing how long I have, so to me every day is precious,” Elizabeth said. “If I could be with my babies every day, I’d be deliriously happy.”
“But you realize that probably won’t happen, right?”
“Yes, but you asked what I wanted, not what I thought might actually happen.”
Judge Brill laughed. Then he tenderly placed his hand over Elizabeth’s, promised to be fair, and said goodbye. As the small entourage left the McDermott house, the judge told the attorneys that he would hear their summations Friday morning at ten o’clock.
Noreen winced. That gave her one evening for preparation, hardly enough time to structure an argument to convince herself, let alone Judge Brill, that spending time with this woman could be harmful to any child. Noreen had anticipated finding a frail, dreary-faced woman, a pathetic person too irrational and far too morbid to be with impressionable young children. Unfortunately, Elizabeth Caruthers was exactly the opposite with gentle words and crystal clear reasoning. Even in the face of adversity, she appeared strong and sensible. Worse yet, she was genuinely believable. Elizabeth had convinced the judge that she was a loving mother deeply concerned about the wellbeing of her children.
Noreen’s hopes for a plaintiff who would rant about her hatred of the defendant were gone. Elizabeth Caruthers had expressed sympathy for him and nothing more. She’d left no loopholes and pretty much slammed the door on most of the closing arguments Noreen had in mind.
~ ~ ~
As soon as Noreen arrived at the office, she called Jeffrey Caruthers to explain the details of Elizabeth’s testimony. Jeffrey was ready for war long before Noreen suggested they agree to supervised visitation twice a month.
Cracks in the Sidewalk Page 17
