Victim of the Defense

by Marianne Woolbert-Maxwell

  At the hearing to request another paternity test, both Megan and Mattingly appeared without their clients and the hearing quickly turned into a storm of anger between the attorneys. Megan questioned the legitimacy of Tarkington’s test and Mattingly argued that Tarkington’s test was legitimate and it was Megan and Lucy’s test that was faulty, both of them talking over each other. Judge Clouse banged his gavel repeatedly, demanding that the arguing stop or they both face contempt. After his last reprimand, Megan went silent and sat down. She could tell the judge was dangling from a very thin rope ready to slam one, if not both, of them with contempt of court.

  Once the judge had regained control of the courtroom he slowly and clearly outlined his ruling, speaking in a firm tone as if he were speaking to children. “There will be another test and the parties will split the cost. The court will choose the company to conduct the test and the company will provide sealed results to the court. As part of this ruling, the parties are to submit in writing their objections and concerns regarding the first two paternity tests. The company chosen by the court will examine and critique the first two tests and render an opinion as to their validity and accuracy. This will all be done within sixty days of the court’s order.”

  Before either attorney could say a word the judge marched off the bench.

  CHAPTER SEVEN

  “Come in,” Megan said, opening her front door. Lucy closed her umbrella and came into the foyer. “Go on into the kitchen,” Megan said. “I made a pot of tea.” She took Lucy’s umbrella and hung her coat on a hook in the front closet. It was the middle of February and a cold rain had been falling steadily for all day. “Thanks for stopping by.”

  In the kitchen Megan poured Lucy a cup of tea. A swirl of steam floated up from the cup.

  “I figured I was coming this way so we might as well meet now.” Lucy stirred some sugar into the hot drink and sat silently watching the white crystals disappear.

  Megan sat down and poured herself a cup. “We have some time before the next paternity hearing. I want to be sure we have all your financial information. I’ve subpoenaed Tarkington’s. Once we have it all I’ll figure the child support, assuming he’s legally declared Lauren’s father.” Megan opened the file in front of her. “We’ll be asking that he carry insurance on Lauren and pay the cost associated with that.” She checked off something on the list in front of her.

  Lucy reached over and took a chocolate chip cookie from a plate. “That would be a godsend in and of itself.”

  It had been a long haul, but after what seemed like endless testing with inconclusive results the doctors at the children’s hospital had finally determined that Lauren did in fact have cystic fibrosis. She was in the beginning stage of the disease and the doctors felt hopeful that with the appropriate treatment it could be managed. They were recommending different therapies and medications to help improve Lauren’s breathing and hopefully slow down or stop the progression of the disease. Like all medical procedures, the treatments would be costly.

  “Do you know how much of Lauren’s treatment is currently not covered by government insurance?” Megan asked.

  “No, but it’s more than I can ever pay.” Lucy ran her finger around the rim of the cup.

  Megan could see the sadness in her eyes.

  “Let’s find out how many bills are outstanding. We’ll be asking that Tarkington be responsible to pay them.”

  Lucy nodded.

  Megan scribbled something on her legal pad. “He may want to claim the child for tax purposes.”

  Lucy looked up.

  “The court usually awards the exemption to the person who’ll get the most benefit from it. He’ll get more benefit than you would because he’s in a much higher tax bracket. I’m sure he doesn’t need whatever money it will save him but he may take the exemption anyway just to spite you, so you don’t get it.”

  Lucy had no income and was not in a position to even look for a job while Lauren was so sick. Because of this she’d had to apply for government assistance, including a few special programs for single mothers. What she received monthly barely met the basics but she got by.

  Lucy lifted the cup to her lips, took a sip, gently placed the cup back in the saucer, and looked down at the table.

  Megan paused. “What about visitation?”

  Lucy’s head shot up. “Visitation!”

  Megan shrugged and let out a sigh. “He has a legal right to request that if he’s declared the legal father.”

  “Do you think he’ll want to see her?” Lucy crossed her arms.

  Megan could see her jaw tighten. “No, but he could ask.”

  Lucy shook her head. “No visitation.” She waved her hand in the air. “He doesn’t even know her—hasn’t even met her.”

  Megan saw tears welling in Lucy’s eyes. “Just be prepared that it may come up.” Megan could tell that Lucy was nowhere near ready to even consider this. She could feel the emotion in the air.

  Megan closed the file. “Once the paternity is established—and we’re pretty sure it will be—and I get all Tarkington’s financial information from Mattingly, we can regroup. I know Craig is wealthy beyond our wildest dreams—the Tarkington’s have millions if not billions in family money that goes back at least two generations when the great-great grandfather made a bundle with investments. The law firm alone must bring them at least a least million every year. Craig told me when I was training him that he had a good-size trust fund so he’s not waiting to inherit. I should get the details when Mattingly responds to the subpoena, unless we settle first and Tarkington gives away all his rights to Lauren.”

  Lucy said nothing. She folded her napkin and placed it on the table. She picked up her phone and looked at the time. “I’ve got to run. I have to be back at the hospital at seven to talk to Lauren’s doctor.” She got up, headed toward the door, gathered her raincoat and umbrella and was gone.

  CHAPTER EIGHT

  Megan got the call exactly sixty days from the date of Judge Clouse’s order for a third paternity test. The results were in and the court was prepared to move forward. A hearing was set for the following Monday, March 8th, at nine a.m. sharp. The parties and their respective counsels were ordered to appear.

  Megan and Lucy arrived at the courthouse at eight-thirty am. They had left early, taking no chances they would be late. Mattingly and Tarkington arrived five minutes before nine. Megan could tell it upset Lucy to even be in the same room with Tarkington. Lucy fished her phone out of her purse and began checking emails and surfing the web, her jaw tight and her eyes squinting. Lucy hadn’t seen Tarkington since the night he raped her and she had thought she would never see him again. Megan didn’t blame her. That’s what she would think too.

  At nine o’clock sharp Judge Clouse walked onto the bench. Everyone shot up out of their chairs when he entered the courtroom.

  “Be seated,” he said, motioning for them all to sit down. He cast a glance at both parties. In his hand was a large manila envelope. “Ok, people. Here it is,” he said waving the envelope. “And as you can see, it has not been opened.” He turned the envelope over and held it up so everyone could see it was still sealed. “Anyone question that it has not been opened?” He peered over his glasses at the parties and their attorneys.

  “No,” Megan and Mattingly said in unison.

  Judge Clouse ran his hand over the top of the bench searching for something. “Here it is,” he muttered, holding a letter opener. He sliced the envelope seal, reached in, and pulled out papers. The room fell silent.

  Megan felt bolts of nervous energy daggering her stomach. She cast a glance at Lucy. She was barely breathing. Tarkington was looking down at the table. Mattingly was sitting with his pen poised to write down whatever the judge said, looking off into space as if lost in thought.

  Judge Clouse handed the papers to the court reporter and the reporter hurried out of the courtroom. A few moments later she returned with a small stack of papers.

  “Ver
y well.” Judge Clouse leaned forward and placed his hands on the bench. “The results are in. I have a copy for both counselors and their respective clients.” He read his own copy of the paper, peered over the top of his glasses, and looked first at Mattingly, then at Megan. “According to the court’s chosen testing company, Mr. Tarkington is 99.9 determined to be the father.”

  Lucy grabbed Megan’s hand and squeezed it. Megan shot a glance at Tarkington. She could see the color drain out of his face.

  The judge continued. “The court’s chosen company examined the previous tests and believes that the first test, which also established Mr. Tarkington as father, was correctly done, but the second one had procedural and testing defects. The current findings and how they were arrived at are specifically spelled out in the letter sent with the new results. You can read it all in the copies the court has made for you.” Judge Clouse laid two small stacks of paper on the edge of the bench. The court reporter stepped down from her seat and took the copies to each lawyer.

  “The court will contact you shortly for further hearing on support and other paternity matters.” The judge stood and walked off the bench.

  Megan and Lucy jumped up and hugged each other.

  Tarkington and Mattingly walked silently out of the courtroom.

  CHAPTER NINE

  “Listen, Chadwick, you’ve been stalling me for weeks.” Megan said angrily. She cast a quick glance at the clock on the wall. She had been home only twenty minutes and had hoped to relax. Instead she was in a fight with Richard Chadwick, the attorney for her old law firm. It had been more than a month that she had been trying to take depositions of the witnesses the firm had listed they would call to testify against her in the wrongful termination case. Chadwick had done everything in his power to block her from taking their statements. Megan knew the game he was playing. The time had come to play hardball. She would take no more of his reasons and excuses why a witness couldn’t appear on a date she chose to depose them or why that day wouldn’t work for him.

  “I ‘m going to petition the court for an order forcing your witnesses to let me take their depositions. I’m not playing any more games.” Megan could feel her blood pressure rising. “Here’s the bottom line, Chadwick, subpoenas for the witnesses are going out today with a new deposition date. I’m including another copy of the subpoena requesting they bring any material supporting their testimony. Get your people here on the new date and have them prepared to be deposed or this will get real ugly, real fast.”

  Megan could hear Chadwick rattling away as she pushed the end call button on the phone.

  She leaned back in her chair and closed her eyes. It seemed like their case kept taking one step forward and ten back.

  The doorbell rang. She got up and headed to the front door.

  “Eric! Just the person I want to see.”

  “When I got your message I knew it was important.”

  Eric Covington had an extensive background in police work on both the local and state level and had spent twenty years working for the FBI. Five years ago he had retired and started his own private investigator agency. He was known far and wide as the best in the business. Megan had known him for at least twenty years, since she started out working in the prosecutor’s office. They had briefly dated about fifteen years ago but somehow the romance fizzled out. Megan suspected it was her fault; back then she was just too overwhelmed by working on cases day and night to be anyone’s girlfriend. Sometimes she caught Eric looking at her a certain way and wondered if he might still have feelings for her. And every now and then she caught herself wondering what it would be like if something happened between them. Neither of them had ever married and he was a good-looking man. But something stopped her from doing anything about it—maybe shyness, maybe the long-standing habit of being single. Also, she worried about ruining their professional relationship. Eric had an uncanny ability to read people and could analyze criminal cases better than anyone.

  He followed her into the living room and sat down on the couch.

  Megan flopped down in an overstuffed chair.

  “I want to hire you.”

  “Is this about the suit you have against your former law firm? I told you years ago they were assholes.” Eric laughed.

  “Every time I try to depose these people I get blocked. Richard Chadwick is the firm’s attorney and he always has some excuse about why the deposition dates I have won’t work with his calendar or the witness is out of town that day.” Megan ran her hand through her hair.

  Eric smiled. “So, do these witnesses really exist?”

  “They’re legit. I know them. From what I saw and what my gut is telling me, the firm didn’t think this case would go—especially after we lost at the agency level. Losing there was a blow.” Megan shook her head. “When I didn’t drop the case they had to round up these people for me to depose. “

  “So the bottom line is, you called their bluff and they didn’t think you would.” Eric leaned forward and rested his elbows on his knees.

  “Pretty much.”

  “So you want me to track their witnesses down and see what, if anything, they will say.”

  Megan smiled and handed him a manila file folder. “Here are all their names and information. I even found photos from the firm office directory.”

  Eric flipped open the file and scanned the material. He tapped the file on Megan’s leg. “Consider it done.”

  “There’s one more matter I need to talk to you about,” Megan said. She told him the whole story about Lucy Hatfield, about the rape, about Lucy’s daughter Lauren being recently diagnosed with cystic fibrosis and how Lucy had hired her to file suit against Tarkington.

  “I want you to do a background check on Lucy and see what comes up. Tarkington’s lawyer will be working overtime to find some dirt on her.” Megan handed Eric a piece of paper with all of Lucy’s information. “I can’t take any chances. I’d be surprised if she has anything but I’d rather be safe than sorry.”

  Eric folded the piece of paper and put it in his jacket pocket. “You and I have been in the business long enough to know you take nothing for granted.”

  “I’d also like you to do a thorough background check on Tarkington. Has he had any other problems with women? Assaults? Check him out across the board. Who knows what we may find.”

  “Is Lucy planning to go to the prosecutor and see about bringing criminal charges?”

  “I doubt it will come to that. So far we’re focusing on establishing his paternity and mounting a civil suit to get financial support for Lucy and Lauren. There are going to be huge medical bills throughout Lauren’s life because she has cystic fibrosis. We’re just beginning what will probably be a long journey. For now let’s see if you can dig up anything on Tarkington and if you find any surprises about Lucy. “Megan felt her stomach tighten. “I want to be sure I’ve covered every angle.

  CHAPTER TEN

  “I have spoken with my client about this matter,” Brockton Mattingly said, leaning back in his chair.

  Megan looked past him at the wall of windows behind his desk. She had been surprised when Mattingly had called and asked for a meeting. Not sure what to expect, she decided she would use this as an information-gathering meeting to see what was up with Tarkington.

  “You know that your client...” Mattingly paused. “Well, she is not the most credible person.” He smiled.

  Megan looked him straight in the eye. “No, I did not know that. From all I see, she’s a very credible person.”

  “Well, we have information that she has done this before—to rich guys.”

  Megan pulled her legal pad out of her briefcase and set it down on his desk. Could what he was saying be true? She decided he was probably blowing smoke to rattle her. Still, she felt glad she had asked Eric to look into Lucy’s background. She clicked her pen and held it poised above the pad of paper. “If Lucy did this to someone else, who are these people? Name and full contact information.”


  Mattingly shifted in his chair. “I’m just saying she’s not clean. In the event of litigation it may not be pretty. Tarkington is only her latest.”

  “I don’t believe that for one minute, Mattingly. Tell me who they are and I will depose them.”

  Mattingly waved his hand. “Listen, I’m not here to show you all my cards. I’m here to be the voice of reason so this matter can get resolved and without dirtying the water. The point of this is to make you aware that Hatfield is not who you think she is.”

  Megan felt her insides churn and her face getting warm. She put the pen down on the table.

  “Well, Tarkington will not let his name and reputation be sullied by someone like Hatfield. And we owe it to Justice Tarkington not to let his name be dragged through the mud.”

  Megan leaned forward. “Someone like Hatfield was raped by your Ivy League boy and now has a daughter who is lucky to be alive. She has some medical issues that will be quite expensive to treat and no good health insurance.”

  “This is going nowhere fast,” Mattingly said angrily.

  “My client and I will fight to the bitter end to get Tarkington to step up and be a dad,” Megan said. “This poor little girl needs help and he has the money to give it to her.” She leaned in and placed her hands on the edge of his desk. “The bottom line is, your client isn’t a saint and we can prove that quite easily. Why did you ask me to come here today? Unless you have something important to say you’re wasting my time.” Megan got up and started putting her legal pad and file folder in her briefcase.

  Mattingly took a deep breath. “I called you here to discuss a proposed settlement that could benefit all of us and avoid a blood bath.”