The Mongol Reply

by Benjamin M. Schutz

  “And I’d get a protective order. We could waste a lot of money they don’t have.”

  “Dr. Reece, perhaps we can get your input without pinning you down to an opinion. First, how close are you to completion?”

  “I’m going out to the house for a home visit on Saturday. Then the direct observations in my office on Monday and Tuesday. Same thing with Mr. Tully next week. If you put a gun to my head, I could have everything else pulled together and be ready Wednesday a week.”

  “Okay. Thank you. Ten days or so. We can do the rest of our negotiating in the meantime.”

  “Dr. Reece, let me ask you this,” Garfield said. “Are you leaning in either direction? Are you leaning strongly? Without telling us who. Let us both assume the worst for our clients. Is this a done deal or not? Are you going through the motions for protection on the stand or do you really need more data?”

  Reece mulled this one over. “Let me be very candid. I have grave concerns about both of your clients. This is not a good parent-bad parent case. Secondly, I really do need all of the data I can assemble. I don’t know which way this is going to go. As for assuming the worst for both of your clients, I think that’s a very prudent course of action. I’m not going to say any more about this.”

  “Thank you, Doctor.”

  The phones were cradled, leaving the three to wonder what was going on and what to do next. Playing poker for children was bad enough, Carlson thought, but it was insane to do it in the fog, when you couldn’t see the other players’ faces and, until the bets were laid, you didn’t even know how many were at the table.

  CHAPTER SIXTY

  Albert Garfield called Tom Tully at the team’s headquarters.

  “Tom, Albert Garfield. We need to talk.”

  “I can’t now. I’ve got to get to a meeting.”

  “Be late. You’re in a lot of trouble. I want to know what kind. I can’t do anything for you, unless I know the truth.”

  Tully did not recognize the instant chill that Garfield’s words evoked as anything but the ignition for his rage.

  “What the fuck did I give you all that money for? You’re supposed to be the best, a fucking killer attorney. Why am I listening to this?”

  “You’re listening because if you don’t, I’ll fire you. What have you done? Lou Carlson thinks he has you by the short hairs. I don’t think he’s bluffing.”

  “I haven’t done anything. I don’t know what he’s talking about.”

  “Okay for starters, he says he’s got proof of adultery on your part. What’s that about?”

  Tully wondered who they’d found. Tiffany probably. She was the only one still in town. He could deal with her. Love her up a little, she’d tell the right story. What if it was someone else? Had they been investigating him?

  “Hey, even if I was unfaithful, I had plenty of reason. Serena wouldn’t have sex with me. What was I supposed to do? Play spank the monkey? No thank you. I’ve got needs. She was supposed to take care of them. When she didn’t, I went elsewhere. That ain’t adultery.”

  Garfield pressed on, wondering how much rehabilitation Tully would require. Send him to Pecorino for some pre-trial work, clean up his image, at least get him to say the right things. “Help me with this, Mr. Tully. How is that different from your wife having a lover, whom by the way, we still haven’t found?”

  “What do you mean how is that different? I was always ready to give it to Serena, whenever she wanted. There was no reason for her to go elsewhere. That’s the difference. I can’t believe you’re even asking me this.”

  “I’m asking you because you didn’t tell me you’d had sex with other women.”

  “What for? I didn’t do anything wrong.”

  Garfield didn’t know whether to be more worried if Tully believed what he said, or if he didn’t. “They also say you lied on your interrogatories. That you have money that you didn’t declare. How would they know that? What are they talking about?”

  “I don’t know.”

  “Let’s try a different question. Is that the truth? Did you lie on your interrogatories?”

  Tully felt like he was watching a motion offense. Lineman up and down, backs shifting, receivers in motion, then back. He’d never solved those deceptions and was burned in coverage. That was why he’d never made it beyond special teams. All the recklessness, the savage hitting, wasn’t enough. He still didn’t understand why.

  “No. I don’t have anything else.”

  Garfield scratched his head. Carlson or his client? Who was lying? Was Carlson bluffing to force him to negotiate because he had nothing or was he loaded? Was Tully lying? No, how much was Tully lying?

  “Tom, the money you used to pay my retainer, where did that come from?”

  “What’s that supposed to mean?”

  “Seems pretty simple, Tom. Where did the money come from?” Garfield had copies of all his bank records. Any withdrawal would be there.

  “It was a loan.”

  “A loan? From whom? I don’t remember seeing it on your list of debts.”

  “Not a loan loan. It was a gift. If I couldn’t pay it back, that wasn’t a problem.”

  “Wonderful to have the trust of others. Who gave you the money?”

  “That’s none of your business. You got paid.”

  “That I did. But if there’s no problem, why won’t you tell me who gave it to you?”

  “A friend.”

  “Tom, this is pathetic. Do you have any idea how this will sound in court? The judge can compel you to answer. Who gave you the money?”

  When Tully didn’t answer, Garfield went on. “I don’t think I want to know who gave you the money. I think Carlson has you. I don’t know how; maybe you bought some chippy a gift that he can’t find. That’s not important. You lied under oath. That’s a crime. Perjury. If you’ve hidden income, you could be looking at tax fraud. You can’t take this to trial.

  “Your only hope of coming out with anything is for Reece to grant you custody because Carlson won’t use this if it’ll hurt the kids. You can ride that for child support, maybe keep your share of the house. If he goes the other way, you’re shit out of luck. She’ll get the kids, support, alimony, the house, everything. You’ll get whatever Carlson and your wife want to give you.

  “I recommend you fold your cards and walk away from this. I can’t negotiate without them being afraid of litigation. I don’t have enough to hurt them with. You’re gonna have to take what they give you.”

  “What the fuck is going on? I don’t get this. I had her. I did everything you said. She was out on the street. She had no money. She had nothing. I had her. What do you mean I have to take what they give me? The fuck I do. I don’t have to take anything.”

  “I’m afraid you will. You lied to me. You’ve done things that were illegal. You’ve undone all the leverage we created for you. That’s what’s going on. You did this to yourself, Mr. Tully, and now it’s too late to help you.”

  “Fuck you, Garfield, you sorry son of a bitch. Don’t tell me I did this to myself. I did it your way and it went to shit. As soon as that bastard Carlson got in there, you were about as useful as a one-legged man at an ass-kicking.”

  “Mr. Tully, I wasn’t the one who assaulted your wife. That tactical masterpiece is what got Carlson in this case and we both know whose idea that was. You wouldn’t wait. You had to rush things. You better hope they don’t tag you with that. Goodbye football, hello prison.

  “When we had that moron Stuart, we were doing fine. I told you at the start this would work if we had the right lawyer on the other side. We did. Once that changed, the flaws were exposed. You provided Carlson the information to turn this around, not me. If you’d told me this up front we’d have played it differently, or I’d have had a chance to put the proper spin on it. It’s too late now. Your only hope of walking away with anything is for your wife to fuck up the home visit this Saturday. What do you want me to tell Carlson when he calls?”

 
“Tell him and my wife to go fuck themselves. You can join ’em. Fuck you all. Fuck you to death.”

  Garfield was never so glad to be fired. He dictated a letter of termination, attached a final bill and informed his malpractice carrier that he had ceased to represent a disgruntled and uncooperative client.

  CHAPTER SIXTY-ONE

  “Please come in, Ms. Tully,” Morgan Reece said as he stood back from his office door.

  Serena Tully walked in. She wore a leather jacket and boots that disappeared into a long shirtdress. She hesitated to remove her sunglasses, then did so and sat down.

  Morgan Reece sat and stroked his beard with indecision. Where to start? He knew where he wanted to end up but could not force the result. Back to basics, he thought. Start with what is foremost in your mind and work from there.

  “Ms. Tully, I have a serious problem. I called and asked you to come in because I need your help with this. I’m leaning strongly towards giving custody of the children to their father and unless you help me see things differently, that’s probably what I’m going to do.”

  Serena sat silently and still. Her stomach churned and rolled like a washing machine and the elevator bringing air to her was stuck in her throat.

  “Why?”

  “You tell me, Ms. Tully. Can you think of any reason that I might feel that way?”

  “No. I don’t know. You seemed upset about Tommy.”

  “Anything else?”

  “Well you were angry with me because I didn’t call you.”

  “That’s part of it. I was concerned that you didn’t seem to understand how troubled Tommy was.”

  “I told you I thought it was just an adjustment thing.”

  “I don’t believe you, Ms. Tully.”

  “How can you say that?”

  “I think you knew your son was in trouble.”

  “That’s crazy. If I thought Tommy was in trouble, I’d do anything for him.”

  “And you did. You kept Felicia Hurtado around because you knew he was in trouble. And because you were in trouble.”

  “I don’t know what you’re talking about. What trouble? I haven’t done anything.”

  “How do you feel, Ms. Tully?”

  “I’m okay.”

  “I don’t think so. I told you last time you looked and sounded depressed. You still do. Your eyes are red; your face is puffy and blotchy. Takes a fair bit of crying to do that.”

  Serena touched her hand to her face. She’d thought of putting on makeup, but couldn’t get her hands to stop shaking. Two tries and she looked like Tina had done it with crayons.

  “Why are you depressed, Serena?”

  “I’m not. I’m just stressed out about everything. It’s all just caught up with me.”

  “I don’t think so. You looked a lot better when your life was a complete shambles than you do now. This isn’t idle curiosity. Depressed parents have a hard time being available for their kids and that’s bad for the kids. You’re depressed and you’ve stuck Felicia in there to pinch hit for you. You know that you and Tommy are in trouble, but you won’t get help for him or yourself. That’s my problem, Ms. Tully. Right now you can’t take care of yourself or your children. I don’t know why. When I know why, I’ll know what to make of this.”

  Serena hugged herself. Her pounding heart was the truth knocking louder and faster, demanding to be let out. First, it had to be let in and she couldn’t bear that.

  Morgan Reece leaned forward. Surprised, he felt the old thrill of standing with someone on a narrow ledge as she readied for her leap of faith in herself and life. It was for the privilege of those few moments that you slogged through the countless hours of returning to square one in therapy.

  “Why aren’t you in therapy, Ms. Tully? Now when you need it more than ever?”

  Serena gasped for air. A lie surfaced and rode its way to shore. “I thought it wouldn’t look good with the court date coming up.” Serena wondered how long the lies would find their way to her tongue.

  “And you told this to Simon Tepper. What did he say?”

  “He agreed that it would be best for us to stop for awhile.”

  “I see, and then what?”

  “We would begin again when the hearing was over.”

  “I see. Does this feel like it’s best for you? How does this feel, Serena? Have you thought about going back to see him? Have you called and said maybe this isn’t such a good idea?”

  Serena clasped her hand to her mouth. The churning in her gut was climbing up her throat. She felt like vomiting the poisonous truth, but holding it in was all that held her together.

  “We’re at a crossroads, Serena. You and me, Tommy and Tina. Hard choices. Irrevocable ones.”

  Serena was paralyzed, drawn and quartered by love and its counterfeits. Reece had no idea if she’d go off the ledge like a bird or a rock. He pushed her closer.

  “Where’s your anger, Serena? You’ve been left to do this all alone. Does that sound like love? Is that how you love Tommy and Tina?”

  Serena leaned forward, groping for the trashcan by the sofa. She fell to her knees, retching. Reece came out of his chair, knelt next to her and pressed a hand to her forehead, something he had not done since Danielle had been a child.

  Serena pushed him in the chest. “Don’t touch me.”

  Reece let go and sat back listening to the last wracking spasms.

  Serena reached out blindly for a tissue. Reece pushed the box over to her. She wiped her mouth with one then blotted her eyes and blew her nose. She sank back against the sofa.

  “Let me get that out of here,” Reece said, and carried the can from the office. He returned and sat facing her on the floor.

  Serena covered her eyes with her hand and turned her head away. “He told me we had to stop seeing each other, until the hearing was over. That it made me look bad being in therapy. I said, couldn’t we meet anyway, not as therapy but as lovers? He said no. We had to keep it a secret.”

  “So he asked you to protect him. That’s why you wouldn’t answer any questions about who you were seeing. Does Lou Carlson know any of this?”

  Serena sniffed and shook her head.

  “Did you ask Simon to see you after you got depressed?”

  Serena nodded.

  “What did he say?”

  “He said it was too dangerous. He was afraid we’d be found out.”

  “Did he refer you to anyone else?”

  “No.”

  “So he left you all alone. He abandoned you, Serena. I knew all about your history. We went over that. It didn’t mean anything unless it impaired your parenting. I didn’t get concerned until you checked out while Tommy was falling apart.”

  “I didn’t know that. You’re so cold, so flat. I had no idea what you thought of me. You don’t give anything away, Dr. Reece.”

  Reece pursed his lips. His renowned inscrutability. So well practiced. The professional mandate that masked the personal need. A shell, impermeable: nothing in, nothing out. He wondered if it could be dismantled.

  “He wasn’t looking out for you. He was looking out for himself. He’s in enormous trouble ethically, legally, professionally, personally. You name it. How did it start?”

  “I was lonely and depressed. My marriage was dead. I felt like a failure at everything. He was so patient and understanding. Different from any other man I’d ever known. I felt so safe with him, so good. It was like he knew my feelings before I did.”

  Sure he did, Reece thought, grinding his teeth. The stunningly accurate insights, the relentless focus on the other person as infinitely worthwhile. Finally, the uncontested center of attention, just for being yourself. Wasn’t this the love we all sought? Simon Tepper was a homely middle-aged man with a homely middle-aged wife. He’d never been within hailing distance of a woman that looked like Serena Tully.

  “When did you become lovers?”

  “I don’t know. I mean I felt like I was in love before we ever did anything. I thoug
ht he loved me. One session, I was crying about my father, how I always disappointed him, no matter how hard I tried. I felt very little and alone and ugly. Simon came over and put his arm around me. I remember holding onto him and crying on his chest. The next thing he lifted my chin up and we were kissing. I knew what I was doing. I wanted to kiss him. He told me we shouldn’t be doing this, but he couldn’t help himself. He loved me too much.”

  “I guess that’s a special kind of love when a man would risk everything for it. And from a special man.”

  “I thought so.” Serena said and grimaced, trying to hold back her tears.

  “So you began to see him more often.”

  “Whenever we could. He’d call from his office and I’d go to see him. One time Tom and his wife were both out of town. Simon and I spent the weekend at a local hotel. Tom came back unexpectedly early. I wondered if that was when Tom found out. Simon dropped me back at the house and Tom came in right after he left.”

  “What did he say when he told you that you had better stop meeting?”

  “He said we had to stop. That we shouldn’t have done it. That it was a mistake. That he’d looked deep inside himself and realized that he only meant to comfort me, to make me feel better about myself.”

  Looked deep inside himself, now there’s a contradiction in terms, Reece thought. He marveled at the “we” Tepper used. Given enough time he’d convince her that it was all her fault or a hallucination or both.

  “I pleaded with him not to. Tommy was acting strangely. I was frightened. When he said no, I felt like the bottom of my world had given way.”

  “What kept you from revealing the secret?”

  “The last time I went to see him, I was desperate. I didn’t call. I just showed up. I made him see me. I told him I was suicidal. I was. I meant it. It was just like before. Like nothing had changed.”

  “What did he say?”

  “He said he couldn’t stand to see me like this. That I had to be patient. That once the custody was decided we could start seeing each other again. I asked him what as, patient or lover? He said he didn’t know. That I still had things to work on. That we had to look at our relationship as part of the therapy. That there were important things to learn from this. That we learn the most from our mistakes.”