''Your Honor, please.'' Bob Morton was on his feet. His please, pulled out like taffy, was left like a sticky lump on Kelley's bench as a warning not to step in the mess. Kelley, being a curious sort, ignored Morton's less than subtle advice.
''Go on, Ms. Cotter.''
A double. Now she'd steal home.
''As I was saying, I believe that there is a certain life energy left behind by the deceased that speaks for itself. I believe that there are other ways to address proof of intent Your Honor. I believe that I can prove that, while Lionel Booker did indeed die from a self administered lethal dose of drugs, he did not intend to take his life that day. I say intend, Your Honor. This is the crux of my argument for reconsideration.''
Kathleen could stay still no longer. She wandered from behind the counsel table, considering the floor, raising one hand ever so slightly. She was thinking hard, having a conversation with her best friend and today that best friend was the Honorable Don Kelley.
''If there was no intent to die at the moment Lionel Booker inserted the needle beneath his skin, then there can be no question of suicide. A suicide is, by definition, the act of killing oneself on purpose. On purpose.'' She verbally underlined the word, paused and allowed a moment of reflection. When it was over, she went moved ahead with verve. ''What I do believe is that Lionel Booker's intent -his purpose - was to get high. He may have wanted to enjoy himself, or relieve himself of some pressures he had been experiencing. I believe he intended to suspend time for a few moments, but certainly not an eternity, and I believe I can prove that.''
''Based on what, Your Honor? The man is dead. We've already established that no third party can speak to the deceased's intent.'' Morton simply raised his voice. He didn't even bother to get up. Kathleen didn't waste her energy on him. She was hot. He knew it and he was scared. Instead, she kept her eyes on Don Kelley and waited for divine intervention from the bench. When it didn't come, she had no choice but to forge ahead.
''Lionel Booker will speak for himself through his actions prior to his death. I will show that Lionel Booker did not fit the profile of a suicide, persons who have specific consistencies as documented in journals of medicine and psychology. I propose to show that in his work, and especially his personal life, there were no pressures so great that suicide was desirable or an option.''
Kathleen dropped her voice a note, came close to placing her clasped hands on the high bench in an attitude of supplication the way she and Gerry had determined she should, but that wasn't her style - yet.
''I promise, Your Honor, if you give me this chance, I will prove to you by the deceased's own actions that the intent to kill himself was never there. I will prove that the clause which has excluded benefits to my client based on the purposeful taking of ones own life is null and void.''
That was enough. Slowly she walked back to counsel table, looking at Morton as she passed talking to everyone within earshot.
''Yes, Lionel Booker is dead. No, he didn't commit suicide.'' She was behind the table locking eyes with Judge Kelley when she said. ''Yes, Louise Booker is entitled to collect a quarter of a million dollars in death benefits from All Life. I can prove all this is true. That, not the time spent in this courtroom, is what upsets Mr. Morton because All Life is going to have to live up to its obligation and pay Lionel Booker's death benefits.''
Kathleen sat down. She sat straight in her chair and hoped Gerry O'Doul and everyone else was duly impressed. Even Louise had stopped fidgeting, and that was a miracle.
''Mr. Morton?'' Judge Kelley lowered the checkered flag for All Life.
''Your Honor.'' He stood up and buttoned his jacket. ''I find this to be a great deal of rigmarole and nonsense and beneath my dignity to even argue this position.''
''Oh, well, I see. Then I suppose I have to grant Ms. Cotter's request.''
''Your Honor,'' Bob Morton sputtered, ''I didn't mean I wouldn't argue. I only meant that it was beneath me to try and make sense of what Ms. Cotter proposes.'' He was talking fast now, knowing the arrogant slip had cost him some footing. Kathleen liked Judge Kelley more with each passing minute. ''There is the coroner's report on Mr. Booker that rules in unequivocal terms his death was a suicide.''
''It reads overdose,'' Kathleen muttered. Morton talked fast but it was clear Don Kelley had heard her.
''That is the only proof needed in this matter and, if Your Honor considers such a request and agrees to this motion, you will be setting a dangerous precedent. You will be setting this court up for reversal on appeal. I can promise you, All Life will appeal.''
Kelley's sunny disposition clouded. From his eyes came a look learned in judge school. It could only be described as withering, and even that was mild.
''The day this court rules on the basis of political expediency, counsel, is the day these robes will be discarded,'' Kelley said. ''And anyone who suggests otherwise is on shaky ground and best look to their own house.''
''I only meant that All Life cannot allow a ruling in favor of Ms. Cotter to pass. It would wreak havoc with our system, void such a clause immediately and take away our privilege to make our own rules. Your Honor, I cite Cramer v. Biddison where it is clear if the obligor spouse violates an order to maintain life insurance, a constructive trust may be imposed against his estate. That is where the road of justice lies. I never meant to imply -''
Kelley waved Morton away.
''I know what you meant, Mr. Morton. Your argument has as much clarity as Ms. Cotter's. I choose to rule in favor of Ms. Cotter for her argument has not only clarity but conscience and creativity. It is a powerful combination. I charge you to remember that when you are before this court.'' Lacking a gavel, Don Kelley stood up and finished the proceedings with an authoritative touch to that fine mustache of his. ''You have the option of a pretrial conference. If either of you believe there is a chance to settle this matter out of court, I suggest you do it. ''
''I doubt that will be possible, Your Honor,'' Morton said, his pride clearly wounded.
''Fine.'' Kelley opened his calendar, motioned for his clerk and addressed counsel. ''Trial is set two months from this date. Both parties will be present and ready with their arguments. I heartily recommend you attempt to make nice with one another. In the event that you are not able to, I look to Ms. Cotter to bring a resoundingly convincing argument before this court'' he gave another one of those looks to Bob, ''so that it will not feel its time has been wasted or its judgment flawed.''
''Yes, Your Honor. Thank you, Your Honor. Thank you.'' Kathleen rose in deference and gratitude to the man on the bench. She didn't move an inch until he was away. The minute he was behind closed doors and the clerk was on to other matters and the bailiff had lost interest and Bob Morton was packing his things, she whirled to Gerry.
''We did it,'' she whispered, her insides miserably knotted with excitement. This wasn't exactly a newsworthy moment but it was a start.
''Well done, Kathleen,'' Gerry whispered back. ''You did it.'' There was a catch in the back of his throat, a mist behind his glasses that seemed to fog them. ''I always knew you could.''
But Kathleen wasn't listening any longer. She beat back the sudden feeling of invincibility, hiding behind the comportment of a woman who wasn't sure of her own worth. But she did know her stock had suddenly gone up. When she smiled at Bob Morton, he pushed through the bar without as much as a word to her. She snapped up her briefcase, as if for the first time it really belonged to her and she really belonged in this place. God she felt wonderful as she too took her leave. Gerry was waiting and they walked out of the courtroom together.
''Sure, wasn't it lucky you decided to stay with me to see this through?''Gerry took her arm. It didn't escape her notice that his grip was firm.
''I'm glad I could help.''
It was a pesky little truth about his need for her that danced around them as they headed for the door. Gerry could have done as well, if not better, than she. He hadn't needed her. He had taught her. She had learne
d and she resented that now, in this moment that should have been her triumph.
''Help! Why Kathleen, you're a veritable good luck charm. I stopped into the office to find a new client has come our way. Personal injury. An old, but lovely, lady. I thought perhaps you might handle it.'' He pushed open the door, following the way Louise had gone.
Kathleen slowed, holding the door open a bit longer than necessary to buy time. But no one came behind them. She had no choice but to walk with Gerry so she said what was on her mind.
''I don't think I should take on anything else, Gerry. I thought we agreed I would help you out with Louise. We should probably leave it at that.''
''Oh, Kathleen, I wouldn't be asking if it were something terribly time consuming. Sure, don't I know that you could handle this with one hand tied behind your back. Remember, this lady is old. She'd most likely feel more comfortable with another woman when it comes to discussing her injury. Hip you know.'' Gerry took Kathleen's arm and leaned a bit more heavily than was his nature, it was a subtle rearrangement of his weight that whispered need. She looked away resisting the urge to 'tsk'. Gerry smiled.
''But, of course, you're right. I'm sorry. Silly of me to forget. I just thought it would be all right since Judge Kelley isn't going to hear Louise's case for two months. I thought it might be interesting for you to have something to break-up the investigation. No problem. I'll handle it. Though I do have Mr. Craig's incorporations to deal with. That man has more schemes going than a barker at a carnival. And, of course, I have the small problem with Mr. Sargant's will. The man says he's terminal, but he said that the last time we looked at his will. . .''
''Gerry. It's not a problem. I can do it. Really. But then I'll start looking around. I think it's best. '' Kathleen's jaw was tight as a guitar string.
''That's so kind, Kathleen. Thank you. And, of course, our arrangement still stands. Of course.'' Gerry let go of Kathleen's arm, leaving her behind to wonder if he'd heard her at all. Amazing how his gait suddenly improved, his voice became almost boisterous, the moment she acquiesced. Kathleen smiled ruefully and wondered if she'd ever catch on. She followed Gerry whose arms were held out to the formidable Louise.
''There you are. You left so quickly. Sure, aren't you proud of our Kathleen?''
''Yeah, she did just what you told her to do.'' Louise hefted her white leather saddle bag higher and slipped her thumb through the gold ring that held strap and bag together. Louise didn't even have an inch to give, so Gerry took it from her.
''Ah, but the strategy, that was hers. All hers. She's brilliant, my Kathleen,'' Gerry grinned, unaware or unwilling to acknowledge the voltage that crackled between the two women, Louise's generator by far the more productive. ''What now, Gerry?''
''Well, Louise, my dear, that's for Kathleen to say.'' Kathleen stood at Gerry's back and he graced her with a loving look.
''Right. But you're still checking everything. Now that the mess has been cleared up, I don't want any more snafus, okay?''
''There haven't been any snafus, Louise,'' Kathleen said. Louise pegged her with a shimmering golden gaze. Today the eyes were hazel, the eyelids Inca-like. ''I'll report once a week. Unless there's something significant to talk to you about. Then Gerry and I -'' Kathleen turned for his corroboration but Gerry wasn't listening. His eyes were locked on a target not too far away, just over Kathleen's shoulder.
Kathleen followed his gaze and let hers rest on the small, unattractive man who walked down the hall of the courthouse as if he owned it. He parted, with a look, the less fortunate who milled about. Kathleen was about to ask who he was, when she realized Gerry no longer knew she existed. His face was a play of caution and curiosity.
Gerry moved quickly around Kathleen, walking toward his quarry, grinning while he hailed the man convivially yet his eyes never changed. He hurried as if he would regret the action if he stopped to think about it. The other man saw him. He stopped. He waited. They came together, subtly wary.
He smiled like a warrior with his foot on the neck of a fallen enemy. But that passed, leaving only a pleasant expression of recognition by the time the two men shook hands. It was a curious meeting to observe, but it seemed it was no longer a strange one to take part in. The years had dulled the edges of Gerry's suspicion of the younger man's conduct toward, as well as the younger man's apprehension of, Gerry O'Doul. It wasn't Gerry, after all, who still meant anything in this town. It wasn't Gerry who was privy to the plans of those that moved the city, and soon the country. It wasn't Gerry who advised the powerful. It was him and he could afford to be magnanimous. So he was.
''Gerry,'' the man said quietly with a baritone that was exceptionally pleasing. He looked directly at the old man yet Kathleen knew he was well aware that she and Louise straggled behind. She was also quite certain the man had assessed them both and reached conclusions that would never be altered.
''Richard.'' The two men shook. The contact didn't seem pleasing to the small man. Gerry pretended not to notice. ''I thought you'd given up litigation and left that to those impressive underlings of yours.''
''I like to keep my hand in. Sweating over budgets can be so boring. I learned that from the best before he turned me out. I see the master is still following his own advice.''
''That was a long time ago, between you and me,'' Gerry chuckled, and the other man smiled as if to say how silly old differences could be. ''Now I've got another young lawyer to worry about.'' He motioned for Kathleen to come closer. ''Kathleen Cotter, my niece. Newly associated with O'Doul & Associates and only moments ago triumphing over All Life Insurance, thank you very much.''
''That is impressive.'' The man with the thin brown hair, and the softly colored eyes, gave her a moment's attention. Kathleen shook his hand. It was soft. She had the distinct impression that those eyes held secrets of immense proportions. But they didn't linger on her. She had no secrets, she obviously was no challenge, his gaze drifted back to the man who was.
''Kathleen, Richard Jacobsen is the man who has wrapped up all the city business. General partner at Shay, Sylvester & Harrington, don't you know. He'll have to watch us, won't he, Kathleen? I've already talked to Carl about snatching away some of the city problems.''
Richard Jacobsen smiled pleasantly. ''You'll be stepping on my toes then, Gerry.''
''Ah, it would be hard to even make you wince, Richard. We'll settle for the crumbs and be licking them up with style.''
Kathleen shifted from one foot to the other, unsure of what was passing between them, only sure that an undercurrent pulled them into some pool where they, and no one else, had treaded water before.
''Yo, Gerry, I gotta go.'' All three turned toward the sound of Louise Booker's voice, surprised to find her still hovering on the outskirts of their oddly shaped triangle.
''Louise, Louise my dear girl, I'm so sorry. Come here and meet Richard. Richard, this is the client on whose behalf Kathleen spoke so passionately. Louise Booker, the brave woman who is going up against All Life with O'Doul & Associates by her side.''
Richard Jacobsen's expression shifted, or so it seemed to Kathleen. It may have been a trick of the light, or a genuine look of concern, that flitted lightly behind those eyes, or it could have been a subtle look of surprise. But who didn't look surprised upon meeting Louise.
''I hope your business with the court is finished now,'' he said politely.
''Not likely,'' Louise shot back. She nodded. ''Nice to meetcha.'' She toddled off alone, seemingly satisfied with the day's proceedings. For a moment Kathleen wondered where Louise was going. For a second, Kathleen wondered if she'd be lonely. Then she realized that opportunity stood at her elbow and she paid attention to it.
''Louise can be a little abrupt,'' Kathleen apologized, Richard Jacobsen turned his head toward her, but not until he apparently satisfied his curiosity about Louise Booker. He smiled at Kathleen as if to say they alone understood how things could be with difficult clients.
''I trust the problem is as
colorful as the lady herself?''
''All the adjectives one could use for Mrs. Booker, you could use for her problem.''
Richard looked back to Gerry. Kathleen was thrown back in deference to the bigger fish in the pond.
''Did I read about it in the papers, Gerry? The name sounds familiar.''
''No, no you didn't. Perhaps the reason for the action was written up. An odd sort of thing. Louise's ex-husband committed suicide at the Tysco headquarters. Now she wants the insurance settlement that is being denied because of exclusion. If the poor man had only waited another day or two I'm afraid O'Doul & Associates would be out of a fee. One of those unusual things that keeps us in business, rest poor Lionel Booker's soul.'' Gerry chuckled. It was too small a thing to bore Richard with, and Richard had never had much of a sense of humor anyway. ''Kathleen will take care of it. Lovely way she's managed on the strategy. Chip off the old block. I wouldn't be surprised if her performance wasn't written up in the journals. ''
''I'd look forward to reading about it.'' Richard stood up straighter and bowed slightly toward Kathleen. ''Best of luck to you, Ms. Cotter. I wish we had a few creative young people like you around my firm.'' He put his hand on Gerry's arm lightly. He didn't pat or squeeze, he made only a gesture to familiarity for old time's sake. Kathleen's eyes followed that hand and she noticed how attractive it was. Well shaped and beautifully manicured, it was uncluttered by rings. When she looked up again, he was still looking at her curiously before finally taking his leave. ''It was great seeing you, Gerry.''
''Nice to see you, too, Richard.'' Richard Jacobsen melted away, swallowed up by the bodies milling about the long, linoleumed hall. Gerry watched even after he was gone and spoke into the space Richard had left.
Character Witness Page 9
