Snow Pictures

by Kevin Deeny

  Marcus smiled to himself and appreciated how well Rosalind could read him. “Remember after the accident how I was deeply affected by the sorrow I felt in Lily’s parents? You told me that I could not heal sorrow any more than I could heal love, because sorrow comes from love.”

  “I remember,” she replied wondering where this was going.

  “I am connecting with people in a deeper way than I have in the past. That ‘name’ thing that was always a quirk is morphing into a deeper understanding of how people are feeling, and I sense from Lily’s parents that they are still profoundly devastated. Although I don’t expect to heal their sorrow, I think they could benefit from hearing about Lily as I experienced her that day and they can only hear it from me.”

  Rosalind smiled and punched him in the arm. “See, I knew you were up to something!” After a moment’s thought, she asked, “How can you be sure that the right questions will be asked; Jason doesn’t even know that part of the story?”

  “I don’t know, and that’s the risky part.”

  They both grew quiet as they pondered the possibilities until Rosalind broke the silence, “Ah hell, we can’t control all of the possibilities. What is that prayer you appropriated from AA? “God grant me the serenity to accept the things I cannot change…” This is surely one of those things. Let’s go see a movie.”

  Chapter 33

  Defense

  If you tell the truth, you don’t have to remember anything. – Mark Twain

  In the morning, they ate a light breakfast and checked out of the hotel. One way or the other, Marcus knew that the trial would end today. He felt a little anxious as he approached the courthouse and sought out the courtyard to spend a quiet moment with Rosalind at his side. The morning sun was pleasant, and he turned his face to it to feel its warmth. Faintly in a distant valley, he heard the laughter of a little girl and the yipping of her dog. He was ready.

  As they entered the courtroom, they immediately noticed that there were a lot more spectators than the day before. Marcus thought that Carlos must have made a lot of calls last night after he had dinner with them. Marcus and Rosalind knew many of them from the clinic and the community. Carlos sat among them talking to Josh and Sarah. They all smiled when he and Rosalind came in, and Rosalind took her seat with them. Marcus greeted Jason and Cecily, and they both looked a little subdued. Jason returned his greeting and said, “Are you sure you want to do this?”

  “Yes, I am Jason, and I wanted to tell you that you and Cecily have been great. You have both done your jobs well. If this creates a problem, it’s one of my making, not yours. Thank you both.”

  Jason nodded and turned to face the judge.

  “Are you ready Mr. Pritchard?”

  “Yes, your honor. I call Mr. Marcus Kenrick.”

  Ms. Lawson was surprised. She had expected rebuttal witnesses to challenge the opinion of Dr. Krieg. She was not sure if she was his attorney that she would have allowed Marcus to testify, but for whatever reason, had been handed a gift, and was going to make use of it.

  Jason led Marcus through a series of questions that were intended to personalize him with the jury. He walked him through a description of his work in the community, his education, his volunteer time at the clinic and even his marital status. He asked Marcus what he was doing at the park that day and drew out a description of the photography he was doing around the waterfalls. He questioned how it was that he was at the lake at the time of the accident and Marcus explained that he had just stopped to eat lunch and sat at one of the picnic tables. He intended to hike through and photograph the waterfalls on the opposite side of the trail. Jason focused on details that were designed to reinforce with the jurors the fact that Marcus was a bystander who was only passing through to the west branch of the trail. From a park map that had been submitted into evidence, Jason had him point out the location of the picnic table which was nearly 100 yards from the shoreline.

  Under Jason’s questioning, Marcus described how he was just finishing his break when he heard a commotion coming from the lake. “I heard a boy shout and noticed the quick movement of a kayak toward another that appeared to be flipped over.” He noted the point on the map where he first noticed the kayaks which scaled to be about 100 yards out.” I saw someone, a man, slide into the water from the fast-moving kayak and dive beneath the other one. He came up for air once and went under again and helped to flip the overturned kayak upright. There were two people in the overturned kayak; a woman and a child. I saw the man reach in and take the child into his arms and begin swimming to shore. As he was swimming, I left the picnic table and trotted toward the shore point where a few people had gathered. Two people had waded in to help the swimmer, and as the man emerged, I noticed that he was carrying a little girl in his arms.”

  When the father called out for someone who knew CPR, Marcus described how he hesitated at first in case there was a doctor or EMT among the onlookers. When no one responded, he stepped forward.

  “Before you began CPR, did you direct Mr. Casaverde to call 911?”

  “I did. It’s one of the first things you are supposed to do in an emergency, to get help on the way.”

  “And then what did you do?”

  “I began CPR and continued for several minutes.”

  “Do you have an idea of how long you administered CPR?”

  “Not a clear one. I was concentrating on maintaining rhythm and counting. I believe it was several minutes.”

  “Why did you pause for a minute or two as other witnesses have described?”

  “I sensed that Lily had passed.”

  “Did you resume CPR?”

  “Yes, at the urging of Mrs. Dietz. I no longer believed there was a chance of success, but I continued until the EMTs arrived.”

  “Thank you, Mr. Kenrick. Your witness.”

  Ms. Lawson approached the witness stand as if she was thinking of something, but Marcus sensed anger and was wary.

  “Mr. Kenrick, have you taken CPR classes?”

  “Yes, I have.”

  “Was your training current at the time of the accident?”

  “Yes, it was.”

  “Did your training indicate at any time when it is acceptable to pause CPR?”

  “I believe it included the conditions that Dr. Krieg spoke of; recovery, concern about safety, and exhaustion. The training also required that CPR be suspended during AED use,”

  “Are you claiming any of these conditions as the reason why you stopped CPR?”

  “No, I am not.”

  “You said in your testimony that you stopped CPR because you sensed that Lily had passed, is that correct?”

  “Yes.”

  “Are you medically trained to determine when someone has died – in other words, to pronounce them dead?”

  “No.”

  “Without the pronouncement from a medically trained professional, weren’t you obligated to continue CPR until you were relieved or exhausted?”

  “As much as I would have preferred otherwise, I believe Lily had passed, and there was no further expectation of her recovery.”

  “Without medical training, how could you possibly know that for a drowning victim?”

  “I knew.”

  “I’m sure you think you did. That’s all your honor.”

  Jason rose, “Redirect your honor.” He then turned briefly to look at the people sitting in the courtroom. Marcus noticed as Jason caught the eye of Senator Grantham who had quietly entered the courtroom and sat in the back. Senator Grantham nodded almost imperceptively to Jason who then turned back to address Marcus.

  “Mr. Kenrick, when you were about 12 years old, you were involved in an event on the Delaware River. Would you please describe that event?”

  “Objection your honor. How is this relevant?”

  “Your honor, council asked how
my client would know about a drowning victim. This bears directly on that issue.”

  “I’ll allow it. The objection is overruled; please proceed.”

  While the lawyers were bantering, Marcus pondered how Jason knew of the river incident. He didn’t remember telling him anything about it. As he considered the eye contact Jason made with Senator Grantham, it dawned on him, and he finally connected the dots back to his first meeting with Jason when he spotted Senator Grantham leaving the building.

  Jason then spoke to Marcus, “You can answer the question.”

  Marcus proceeded to tell the story of the day he went swimming in the Delaware River with his brother and neighborhood friends. He described his near-drowning and their last-minute rescue.

  Jason prodded, “But there is more to the story. Please describe what you experienced right before you were rescued.”

  “I was exhausted and didn’t have the energy to fight to stay afloat any longer, and I gave up trying. At that moment, I expected to die and felt completely at peace. I then found myself standing in a valley with the most colorful and luminescent trees and plants that I have ever seen. They were simply beyond my imagination. I stood there in awe and felt a deep sense of peace and security. It was somehow familiar to me; as if I was home. I wanted to move further into the valley, but my brother’s voice called me back, and I found myself back in the river again until I was pulled from the water.”

  As Marcus told his story, Jason looked around the courtroom, and everyone was riveted. They were all holding their breath, and it was so quiet, that for the first time, he could hear the hum of the traffic passing outside.

  “Please now tell us how this experience relates to Lily.”

  “I was aware as soon as I touched her to begin CPR that Lily was no longer there. I ignored it at first and concentrated on the rhythm of my compressions. A few minutes in, I suddenly found myself standing in that same valley again, and Lily was standing beside me holding my hand.” He heard Mrs. Dietz gasp and he continued.

  “From a distance, we could see a dog running up the valley to greet her. They were happy to see each other and Lily laughed and scratched the Cocker Spaniel behind its ears. They ran and romped around until Lily turned to me and said, “Bye Mr. Marcus. It’s time for me to go.” It was then that I paused CPR to watch them skip down the valley together and I knew that she had gone home.”

  Jason looked over at Mrs. Dietz and noted the tears streaming down her face and down the faces of a few jurors.

  “Thank you, Mr. Kenrick.”

  Ms. Lawson seemed confused and turned to the judge, “Redirect your honor.”

  The judge, who also had some difficulty maintaining composure replied, “Is this really necessary?”

  “Just a quick question your honor.”

  “You may proceed Ms. Lawson.”

  “Mr. Kenrick, what was the dog’s name?”

  Without hesitation, Marcus replied, “His name was Rusty.”

  Ms. Lawson smirked and said, “I’m sorry to tell you this, but the dog’s name was not Rusty.”

  Jason rose to object, but Marcus had already begun to respond.

  “Lily called him Freckles because he had spots, but the dog was a rescue from the SPCA and had begun his life as Rusty.”

  Heads turned to look at Mrs. Dietz as she uttered “Oh my God it is true” before her lawyer cautioned her into silence.

  Ms. Lawson had no further questions, and Jason quickly made a motion to dismiss the case. Mrs. Dietz was still sobbing and being consoled by her husband, but she nodded to her lawyer who in turn said to the judge, “Without objection your honor.”

  The judge turned to the jurors and thanked them for their service before announcing “This case is dismissed.”

  As Marcus left the stand and looked out across the courtroom, he noted that Senator Grantham had already gone. He shook Cecily’s hand and thanked her for all of her hard work and then turned to thank Jason.

  “Despite my objection Marcus, I think you did a good thing today, you helped them find some peace,” he said as he nodded toward the Dietz family. “Though I wish you would have trusted me with the whole story.”

  “It’s not something I talk about widely, but it seemed to work out in the end. Thank you again, Jason, and please give my best to Senator Grantham when you next see him.”

  Jason paused, and the two men looked at each other eye to eye and smiled. “I will indeed,” he said as he turned and left the courtroom with Cecily at his side.

  Chapter 34

  Reporter

  What we find changes who we become. – Peter Morville

  Robert lived about 20 miles outside of town in an L-shaped ranch style house that he and Alecia had rebuilt. He ran his small construction company from one of the back rooms until Alecia put her foot down and commandeered the space for a nursery.

  He put his engineering and construction skills to work and built a metal-clad building as large as a barn in the rear of the property. It had a large open bay to accept his work truck and enough space for ample equipment storage. The back of the building was partitioned into a workshop that was equipped with various tools of the trade. An upper loft served as his office which was where he and Marcus now stood peering at a computer monitor with the image of the service manual for the ’55 Ford tractor that sat below in the bay.

  Although Marcus was drawn to restoring vintage cars, Robert had always wanted to rebuild an old tractor, and he picked up the Ford from a farm sale several months ago. Of the two of them, Marcus was the better mechanic which stemmed back to his childhood fascination with cars. Robert was an accomplished engineer and builder who was more comfortable with structures and woodworking. Together, they considered their restoration projects necessary for the maintenance of their mental health; that is at least what they told their wives. Today they were planning the replacement of the front wheel bearing when they heard the beep from the driveway monitor announcing the arrival of a vehicle. Robert clicked on an icon, and an image of his driveway appeared on the screen with a blue Honda Civic coming to a stop.

  Robert looked up to Marcus and said, “I don’t recognize the car, let me go down and see who this is.” He walked down the stairs and across the open bay to arrive at the driveway just as a man was getting out of the car.

  “Can I help you,” Robert asked.

  “Yes; are you Robert Grey? I’m Carl Stanton from the Reading Eagle,” he replied as he extended his hand.

  Robert shook the man’s hand but was wary. He didn’t have much contact with newspaper reporters, but he felt like most people that reporters didn’t just report; often their work included a lot of judgment and interpretation that doesn’t always get it right. “I’m Robert, what can I do for you?”

  “I’ve been talking to a lot of acquaintances of Marcus Kenrick, and I wonder if you wouldn’t mind if I ask you a few questions about him?”

  Robert relaxed; this must be the guy that Carlos told him about. He thought to himself how he could handle this and concluded that there was no point in beating around the bush. He replied, “Sure, let’s go up to my office.”

  They climbed the steps to Robert’s office and opened the door to the sight of Marcus with his feet up on Robert’s desk reading a printout from the tractor service manual. He turned at the sound of the opening door and said, “Hello Carl.”

  Robert looked at the reporter, shrugged and said, “If you want to know about Marcus, here’s your chance.” To no one, in particular, he added, “I’ll put on a fresh pot of coffee.”

  They cleared a pile of construction drawings and specifications from a small table in the office, and the three of them sat. Marcus started: “I remember you from the trial, and I read your piece in the paper, but it’s been months since then, and I’m surprised you’re still at this. Are you working on another story?”

 
Carl replied, “I am. It appears to me there is a lot more to you than meets the eye and I’ve become interested in knowing your story.”

  “Well Carl, I don’t have a public capacity; I work, volunteer, study, and pursue my life much like everyone else. What in particular are you interested in?”

  “I’ve heard some rumors about a man who can heal others, and from what I’ve been able to piece together, that man is you. Is that true; can you heal people?”

  “Before we go down that road, I need to know where you expect to go with this piece you’re working on.”

  “I don’t know yet. I originally thought that it would be a personal profile piece, but this has the potential to be something bigger. Everything really depends on your willingness to talk with me.”

  Marcus slipped out of his chair to fill his coffee cup and gestured to Robert and Carl to fill their cups too. Both nodded, and as he poured, he spoke, “I have one condition and one request. First the condition; I won’t answer questions about specific individuals without their permission. That may result in some back and forth while I seek permission, but if anyone requests to remain anonymous, you will have to respect that.”

  “As for the request; some answers may take time to explain, and I want you to take the full measure of the time required. This may require some commitment of your time beyond what you now expect.”